HomeMy WebLinkAbout121702 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will
enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104
ADA Title II]
AGENDA
TEMECULA CITY COUNCIL
AN ADJOURNED REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
DECEMBER 17, 2002 - 7:00 P.M.
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prio, to 11:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M.
CALL TO ORDER:
Prelude Music:
Invocation:
Flag Salute:
ROLL CALL:
PUBLIC COMMENTS
Next in Order:
Ordinance: No. 2002-15
Resolution: No. 2002-122
Mayor Ron Roberts
Junior Heritage Ensemble - Helen Miller, Director
Pastor Ron Alsobrooks of New Covenant Fellowship
Mayor Pro Tern Stone
Comerchero, Naggar, Pratt, Stone, Roberts
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. I1 you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter no.._~t listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" form must be filed with the City Clerk prior to the Council addressing that item.
There is a five (5) minute time limit for indiwdual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
R:~Agenda\121702
1
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution Approvinq List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Financial Statements
RECOMMENDATION:
3.1 Receive and file the Financial Statements for the three months ended September
30, 2002.
4 Completion and Acceptance of Construction Contract - Rancho Vista Road Drainaqe
Improvements- Project No. PW02-12
RECOMMENDATION:
4.1 Accept the Rancho Vista Road Drainage Improvements Project- Project No.
PW02-12 - as complete;
4.2 File a Notice of Completion and release the Performance Bond;
4.3 Release the Materials and Labor Bond seven months after filing of the Notice of
Completion, if no liens have been filed.
R:~Agenda\121702
2
5
6
7
8
Resolution of Support for the current level of Vehicle License Fees (VLF) for Citizens and
protection of Local Government Revenues
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE CURRENT LEVEL OF
VEHICLE LICENSE FEES (VLF) FOR CITIZENS AND THE
PROTECTION OF LOCAL GOVERNMENT REVENUES FROM
STATE BUDGET CUTS
Award of Contract for City Newsletter
RECOMMENDATION:
6.1 Approve a two-year contract with Maurice Printers for publication of the City
Newsletter in the amount of $32,654.45.
Roripau.qh Fire Station Desiqn and Deposit A.qreement
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEPOSIT AGREEMENT BETWEEN CITY OF
TEMECULA AND ASHBY USA, LLC FOR RORIPAUGH RANCH
FIRE STATION DESIGN
7.2 Approve a Professional Services Agreement with STK Architects in the amount of
$50,000 for preliminary design work.
Purchase of one Fire Aerial Ladder Truck
RECOMMENDATION:
8.1 Approve the purchase of a 100' Tractor Drawn Aerial Fire Truck from the currently
approved vendor KME, established by the County of Riverside through a
Competitive Bid Process for $72~r,804.08.
R:~Agend~121702
3
9
PA94-0073 (Annexation) - Adoption of Resolution Waivinq the Conductinq Authority
Proceedings for a 640-acre portion of the Roripau,qh Ranch Specific Plan Area as
proposed by Ashby USA, LLC
RECOMMENDATION:
9.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA WAIVING CONDUCTING AUTHORITY
PROCEEDINGS TO REORGANIZE THE
JURISDICTIONAL BOUNDARIES OF CERTAIN
UNINHABITED TERRITORY DESCRIBED AS A 640-
ACRE PORTION THE RORIPAUGH RANCH SPECIFIC
PLAN AREA TO INCLUDE THIS AREA WITHIN THE
CORPORATE BOUNDARIES OF THE CITY OF
TEMECULA AND THE TEMECULA COMMUNITY
SERVICES DISTRICT AND TO DETACH SAID
TERRITORY FROM CSA 143 AND THE RIVERSIDE
COUNTY WASTE MANAGEMENT DISTRICT
(PLANNING APPLICATION NO. PA94-0075,
RORIPAUGH RANCH SPECIFIC PLAN)
10 Second Readinq of Ordinance No. 02-13 (Roripauqh Ranch)
RECOMMENDATION:
10.1 Adopt an ordinance entitled:
ORDINANCE NO. 02-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, APPROVING PLANNING APPLICATION NO. 94-
0075 (DEVELOPMENT CODE AMENDMENT) AMENDING
SECTION 17.16.070 TO INCLUDE RORIPAUGH RANCH
SPECIFIC PLAN NO. 11, ADOPTING THE DEVELOPMENT
AND ZONING STANDARDS, AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF TEMECULA, AND PRE-
ZONING THE VALLEY NEIGHBORHOOD AS SPECIFIC PLAN
ON PARCELS TOTALING APPROXIMATELY 804.7 ACRES
LOCATED NEAR THE FUTURE INTERSECTION OF
BUTTERFIELD STAGE ROAD AND NICOLAS ROAD, AND
FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957-
130-001 AND 002, 957-340-001, 003, 007, 008, AND 958-260-
001 AND 002.
R:~Agenda\121702
4
11
Second Readinq of Ordinance No. 02-i4 (Roripauqh Ranch)
RECOMMENDATION:
11.1 Adopt an ordinance entitled:
ORDINANCE NO. 02-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BY AND BETtNEEN
THE CITY OF TEMECULA AND ASHBY USA, LLC FOR THE
RORIPAUGH RANCH SPECIFIC PLAN, (PLANNING
APPLICATION NO. 99-0299)
RECESS CITY COUNCIL MEETING TO ADJOURNED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
AND
THE CITY OF TEMECULA REDEVELOPMENT AGENCY
R:~Agenda\121702
5
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President Jeff Stone
ROLL CALL: DIRECTORS:
PUBLIC COMMENTS
Next in Order:
Ordinance: No. CSD 2002-01
Resolution: No. CSD 2002-11
Comerchero, Naggar, Pratt, Roberts, Stone
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item no. jt on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 10, 2002.
2
Financial Statements
RECOMMENDATION:
2.1 Receive and file the Financial Statements for the three months ended September
30, 2002.
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
R:~Agenda\121702
6
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next regular meeting: Tuesday, January 14, 2003, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
R:~Agenda\121702
7
TEMECULA REDEVELOPMENT AGENCY MEETING
CALLTO ORDER: Chairperson Jeff Comerchero
ROLL CALL AGENCY MEMBERS:
PUBLIC COMMENTS
A total of 15 minutes is provided
Next in Order:
Ordinance: No. RDA 2002-01
Resolution: No. RDA 2002~09
Naggar, Pratt, Stone, Roberts, Comerchero
so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item no...~t on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of December 10, 2002.
2 Financial Statements
RECOMMENDATION:
2.1 Receive and file the Financial Statements for the three months ended September
30, 2002.
DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS'REPORTS
R:~Agenda\121702
8
ADJOURNMENT
Next regular meeting: Tuesday, January 14, 2003, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
R:~Agenda\121702
9
RECONVENE TEMECULA CITY COUNCIL
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CITY ATI'ORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, January 14, 2003, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
R:~Agenda\121702
10
ITEM 1
ITEM 2
RESOLUTION NO. 02-
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on file in the
Office of the City Clerk, have been audited by the City Manager, and that the same are hereby
allowed in the amount of $857,423.94.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 17th day of December, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos2002/Resos 02- I
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 02- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 17th day of December, 2002 by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos2002/Resos 02- 2
CITY OF TEMECULA
LIST OF DEMANDS
12/06/02 TOTAL CHECK RUN:
1~05/02 TOTAL PAYROLL RUN:
TOTN- LIST OF DEMANDS FOR 12/17/02 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
165
190
192
193
194
210
261
280
30o
320
33O
340
GENERAL FUND
RDA DEV-LOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
CAPITAL IMPROVEMENT PROJ. FUND
CFD 88-12 ADMIN EXPENSE FUND
REDEVELOPMENT AGENCY-CIP
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
353,299.63
66,258.02
33.69
9,079.59
1,102.63
23,502.67
2,000.00
3,602.01
29,267.06
10,603.34
28,376.34
$ 555,612.59
301,811.35
$ 857,423.94
$ 555,612.59
100 GENERAL FUND
165 RDA-LOW/MOD SET ASIDE
190 COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
194 TCSD SERVICE LEVEL D
280 REDEVELOPMENT AGENCY-CIP
300 INSURANCE FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
SHAWN NELSON, CITy MANAGER
213,028.54
4,957.41
56,153.99
106.99
5,329.08
726.89
2,225.90
981.86
10,017.82
2,185.82
6~097.05
301,811.35
$ 857,423.94
HEREBY CERTIFY THAT THE FOLLOW lNG IS TRUE AND CORRECT.
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
apChkLst Final Check List Page:
12106/2002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check# Date
62 12/05/2002
63 12/05/2002
64 12/05/2002
65 12/05/2002
60 12/05/2002
81017 11/26/2002
81018 12/04/2002
81019 12/00/2002
81020 12/06/2002
000444 INSTATAX (EDD)
000283 iNSTATAX (IRS)
000924 C A P P O, INC.
000262 RANCHO CALIF WATER DIST
005775 56 BRICK ROAD
003552 AFLAC
81021 12/06/2002 001587 A PWA
81022 12/06/2002 000745 A T & TWIRELESS SERVICES
81023 12/06/2002
81024 12/06/2002
81025 12/06/2002
81026 12106/2002
81027 12/06/2002
Vendor Description
000246 PERS (EMPLOYEES' RETIREME Employees Peru Retirement
000642 TEMECULA CITY FLEXIBLE Employee contribution to flex
000245 PERS (HEALTH INSUR, PREMIU Employees health insurance
Employees state pr taxes
Employees fed pr taxes
C.A.P.P.O. Conf:M.V.:01/21-23/02
Vadous water meters
Refund:Room Rental:CRC
Supplemental std & cancer insurance
APWA Mbrshp:03/03-02/04:Butier, G.
Cellular phone svcs:Police
Cellular Phone Svcs:lS Dept
003304 ADAMS ADVERTISING INC Billboard Rental: Old Town Temecula
005058 ADAMS, AARON Reimb:Library Grant Lobby:Il/20/02
004767 ALERT ALL CORPORATION (MA Public Education Materials:Fire
005362 ANTONIO PRODUCTIONS
004777 ANYTIME iCE COMPANY, INC
Entertainment:Summer Nights 10/04
Snow Scene Winter Wonderland:l 2/0
Cr:Deposit already paid
Amount Paid
45,812.97
5,364.36
36,894.73
14,393.60
61,478.06
350.00
5,735.19
15.00
1,602.10
125.00
263.68
201.99
2,082.50
92.06
970.00
100.00
2,909.25
-500.00
Check Total
45,812.97
5,364.36
36,894.73
14,393.60
61,478.06
350.00
5,735.19
15.00
1,602.10
125.00
465.67
2,082.50
92.06
970.00
100.00
2,409.25
Page~
apChkLst Final Check List Page: 2
12/06/2002 2:$6:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81028 12/06/2002 000101 APPLE ONE, INC.
81029 12/06/2002 003203 ARTISTIC EMBROIDERY
81030 12/06/2002 000622 BANTAELECTRlC-REFRIGERA
81031 12/06/2002 004206 BANUELOS, TERESA
81032 12/06/2002 002541 BECKER CONSTRUCTION SRV
81033 12/06/2002
81034 12/06/2002
81035 12/06/2002
81036 12/06/2002
81037 12/06/2002
81038 12/06/2002
002377 BEST BUY COMPANY INC
003126 BOOMGAARDEN, DENNIS
004176 BROADWING
005781 BURGER PACIFIC, C/O BRECK
000154 CSMFO
005777 CALIF ASSN OF CODE
(Continued)
Description
Temp Help:Hall, N. w/e:11/16
Tersp Help:A~kinson, D. w/e:11/02
Tersp Help:Hall, N. w/e:11/02
Temp Help;Hall, N. w/e:11/09
Tersp Help:Acosta, A. w/e:11/09:PW
Temp Help:Acosta, A. w/e:11/02:PW
Temp Help:Kau, L. w/eH 1/02:Planning
Jackets:Heer, Henderson, Harold:B&S
Acfivewear Inventory:TCSD
Staff Uniforms:TCSD
City Hall:Install 110 V GFI Elect,
City Hall:Install HVAC Unit:Audio/Vide
TCSD instructor earnings
Cibjwide A.C. Saw Cutting:PW Maint
Digital Camera:Police Dept
TCSD instructor earnings
Long distance & Intemet Svcs:lS
Refund Dep:Grading permit
CAFR Award Pgrm Appi Fee
Mrsbrshp Renewal:Cole T/Salazar M
81039 12/06/2002 004248 CALIFDEPTOFJUSTICE/ACCT Oct:Drug/AIcoholScreening:Police
Jan:Drug/Alcohol Screening:Police
81040 12/06/2002 000152 CALIF PARKS & RECREATION S Mbrshp Renewal:Ruse, P. 02/28/03
81041 12/06/2002 005384 CALIFORNIA BAGEL BAKERY & 11/11/02 Subcorsrsittee Mtg:City Mgr
81042 12/06/2002 003979 CALVARY CHAPEL OF MURRIE Parade Transportation Fee for School
81043 12/06/2002 003554 CANADA LIFE ASSURANCE CO Life insurance prersium
Amount Paid Check Total
208.00
442.00
266.50
266.50
1,182.00
1,153.40
520.00 4,038.40
227.34
165.00
24.78 417.12
375.00
5,642.00 6,017.00
170.00 170.00
2,372.00 2,372.00
818.62 818.62
560.00 560.00
1,195.00 1,195.00
995.00 995.00
35.00 35.00
80,00 80.00
1,120.00
35.00 1,155.00
125.00 125.00
111.00 111.00
300.00 300.00
1,178.00 1,178.00
Page2
apChkLst Final Check List Page: 3
12/06/2002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81044 12/06/2002
81045 12/06/2002
81046 12/06/2002
81047 1 2/06/2002
002534 CATERERS CAFE
003047 CHAPARRAL HIGH SCHOOL
005776 CHAVEZ, ALMA
004837 CHERRY VALLEY FEED & PET
81048 12/06/2002 005417 CINTAS FIRST AID & SAFETY
81049 12/06/2002 002989 CLEAR iMAGE WINDOW CLEA
81050 12/06/2002 004405 COMMUNITY HEALTHCHARI
81051 12/06/2002
81052 12/06/2002
81053 12/06/2002
81054 12/06/2002
81055 12/06/2002
81056 12/06/2002
81057 12/06/2002
004405 COMMUNITY HEALTH CHARI
004123 D L PHARES & ASSOCIATES
002990 DAVID TURCH & ASSOCIATES
004526 DESTINATION TEMECULA
002954 DIAMOND GARAGE
(Continued)
Description
11/19 Prof Mtgs:City Mgr
Parade Transportation Fee for School
Refund:Cleaning Deposit
K-9 Unit Supplies:Police:"KAOS"
FIRST AID SUPPLIES FOR PW
Window Cleaning Ext/Int:City Hall
2002 Gift Giving Campaign:Charities
Community Charities Contributions
Dec Lease:Police:Old Town Subst~
Dec:Prof Svcs:Fed Legis Lobbyist
Sister Cities;Transportation:l 2/13/02
Res Imp P~gm: Gutierrez, Ramon~
000684 DIEHL EVANS & COMPANY LLP 2002 RDA Handbook:Finance
004387 DITCH WITCH OF SO CALIF. Catch Basin Cleaning:Public Works
Catch Basin Cleaning:Public Works
Amount Paid Check Total
44.53 44.53
300.00 300.00
100.00 100.00
59.80 59.80
34.59 34.59
455.00 455.00
1,269.89 1,269,89
141.50 141.50
1,849.64 1,849.64
3,000.00 3,000.00
240.00 240.00
855.00 855.00
107.75 107.75
163.47
179.02 342.49
Page3
apChkLst Final Check List Page: 4
12/0612002 2:56:01 Pla City of Temecula
Bank: union UNION BANK OF CALIFORNIA
(Continued}
Check # Date Vendor
81058 12/06/2002
81059 12/06/2002
001380 E S I EMPLOYMENT SERVICES
002390 EASTERN MUNICIPAL WATER
Description
Naaseh temp help PPE 10/18/02
Naaseh temp help PPE 11/01/02
Temp Help- Office Assistant B& S
Temp Help- Office Assistant B & S
Rosa temp help PPE 11/15/02
Montecine temp help PPE11/22/02
Temp Help:Hansen:Public. q'raffic Saf
Kanigowski temp help PPE 11/15/02
Martinez temp help PPE 11/22/02
McClanahan/Ching temp help PPE 11
McClanahan/Ching temp help PPE 11
Temp Help:Hansen, D:Comm Svcs Co
Naaseh temp help PPE 11/15/02
McCoy temp help PPE 11/15/02
McCoy temp help PPE 11/01/02
Nov 95366-02 Diego Dr Meter Svcs
Amount Paid Check Total
10,966.28
6,871.40
1,094.08
1,225.29
1,130.25
1,109.60
2,229.19
1,392.77
1,235.20
2,697,60
2,663.88
2,235.80
6,232.20
2,728.15
2,711.20 46,522.89
103.22 103.22
81060 12/06/2002
81061 12/0~2002
81062 12/0~2002
000161 EDEN SYSTEMS INC
005052 EMCOR SERVICE
002438 ENGEN CORPORATION
Inforum gold upgrade:Expense Reimb
Inforum gold upgrade:Project Mgmt
Expense Reimb:Appleton:Finance
Inforum Gold Upgrade:expense
Project Mgmt/Consulting:AFPS#9361
Data Conversion:CS to Gold PY data
Inforum Gold Upgrade:Pdt Mgmt
H.V.A.C. Repair:Maint Facility
TCC:Replace Liquid Line Dryer Unit #
Geotechnical/Soils Eng.:10/01-18/02
1,249.00
312.50
1,634.50
1,250.00
2,375.00
1,812.50
106.95
340.76
3,671.25
10,256.14
447.71
3,671.25
81063 12/06/2002 002577 ENGINEERING RESOURCES 09/02-10/02 ProfSvcs:PublicWorks
12,162.50
12,162.50
81064 12/06/2002 005115 ENTERPRISE RENTA CAR INC Van Pool:Docent Field Tdp
72.10
72.10
81065 12/0~2002
81066 12/0~2002
002060 EUROPEAN DELI & CATERING
003959 EVERE~r & EVERETT PAINTI
11/19/2002 Concierge FAM Tour of
11/19/2002 Concierge FAM Tour of
Res Imp Prgm: Flores, John & Lisa
625.49
87.00
1,875.00
712.49
1,875.00
81067 12/0~2002 000478 FAST SIGNS
SILK SCREENED SIGNS:-
153.74
153.74
81068 12/06/2002 000165 FEDERAL EXPRESS INC
Express Mail Services
90.63
90.63
Page~
apChkLst Final Check List Page: 5
12/06/2002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81069 12/06/2002
81070 12/06/2002
81071 12/06/2002
81072 12/06/2002
81073 12/06/2002
81074 12/06/2002
81075 12/06/2002
81076 12/06/2002
81077 12/06/2002
81078 12/06/2002
81079 12/06/2002
81080 12/0~2002
81081 12/06/2002
81082 12/0¢2002
81083 12/06/2002
000166 FIRST AMERICAN TITLE
001135 FIRST CARE INDUSTRIAL MED
004239 FISHER MERRIMAN SEHGAL
003281 FOREMOST FIRE PROMOTION
(Continued)
Description
Continuation Reports:Pala Rd Improv
Pre-employment physicals:Williams, D
Pro-employment physicals:Crouch, C.
Pro-employment physicals:Williar~s, D
ARCHITECTUAL DESIGN:OLD TOW
Public Education Materials:Firo
000795 FRED PRYOR SEMINARS/CARE Bus Wrtg for Results 12/04:Proisenda
Bus Wrtg for Results 12/04:Long:Plan
Bus Wrtg for Results 12/04;Simpkins:
Bus Wdg for Results 12/04:Thomsley
Bus Wdg for Results 12/04:Ching:Pla
Bus Wrtg for Results 12/04:Mclntyro:
Bus Wrtg for Results 12/04:Noland:PI
004944 FULLCOURT PRESS Cash Receipt Forms for Cashiering
000173 GENERAL BINDING CORPORAT BindingSupplies:CentralSvcsDept
000175 GOVERNMENT FINANCE OFFI
004607 GRACE BUILDING
000520 H D L COREN & CONE INC -
004053 HABITAT WEST INC
000118 HEALTH NET DENTAL AND VI
002906 HEMET FENCE COMPANY
004755 HIGHER INTEGRITY PAINTING
002107 HIGHMARK INC
CAFR Award Prgm:Appl Fee
Nov:Restroom Maint Crown Hill Park
Nov:Park Restroom Shade Structure
02-03 Property Tax Consulting
LONG CYN DETENTION BASIN
07/25-10/25:2nd Qb' Maint Yr 2
Credit:07/25-20/25:2nd Qb' Maint Yr
Premium for ee vision plan
Res impr prgm: Abalos, Ben & Delore
Res Impmv Pgrm:Lovell, Jacqueline
City life ins policy hold
Amount Paid
975.00
211.01
132.55
84.55
371.11
361.73
89.00
89.00
89.00
89.00
89.00
89.00
89.00
599.14
83.20
480.00
97.50
3,730,00
2,400.00
761.66
450.00
-360.00
907.10
3,800.00
1,900.00
560.80
Check Total
975.00
428.11
371.11
361.73
623.00
599.14
83.20
480.00
3,827.50
2,400.00
851.66
907.10
3,800.00
1,900.00
560.80
Page5
apChkLst Final Check List Page: 6
12/0612002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date
81084 12/06/2002
81085 12/06/2002
81086 12/06/2002
81087 12/06/2002
81088 12/06/2002
81089 12/06/2002
(Continued)
Vendor DescHptlon
001013 HINDERLITER DE LLAMAS & AS 2002 Contmct/Audit Svcs:3rdQff Sal
Cmdit:Sales Tax Analysis FY 02/03
005748 HODSON, CHERYLA.
005419 HOME IMPROVEMENTSOLUTI
005780 HULAN, PAIGE
003622 I C M A - MEMBERSHIP
005778 IMAGE WATCHES INC
Amount Paid
2,489.20
-267.43
Check Total
2,221.77
Payroll Deduction
Res Imp Prgm: Enriquez, Vincent
Refund:Music for Togdlers:0106.206
Retirement contributions
City Logo Watch Resale - 18
16.53
1,750.00
42.00
6,810.82
296.74
124.38
81090 12/06/2002 004219 INDUSTRIAL DISTRIBUTION GR MaintenanceSupplies:PWMaintDiv
16.53
1,750.00
42.00
6,810.82
296.74
124.38
81091 12/06/2002
81092 12/06/2002
81093 12/06/2002
81094 12/06/2002
81095 12/06/2002
81096 12/06/2002
81097 12/06/2002
81098 12/06/2002
81099 12/06/2002
81100 12/06/2002
81101 12/06/2002
004824 INFOPLACE USA
001407 INTER VALLEY POOL SUPPLY I
000388 INTL CONFERENCE BLDG
000750 INTOXIMETERS INC
Gift Cert. for Recycling Calendar:TCS
Aquatic Pool Sanitizing Chemicals
2000 IPC Soffcover:B & S
Repair Alcohol Sensors:Police Traffic
004906 JIFFY LUBE #1878
005779 JOHNSON, KATHY
003046 K F R O G 95.1 FM RADIO
002140 JAGUAR COMPUTER SYSTEMS Compaq 36.4GB SCSI-3 10K 1" Plu
Vehicle Repair/Maint:B & S
Vehicle RepaidMaint:B & S
Refund:Tennis-Beg Adult
Broadcasting:Erie Stanley Gardiner
Advertising for Erie Stanley
000820 K R W & ASSOCIATES Pmf Eng Plan Check, Map & Legal
001667 KELLY TEMPORARY SERVICES Temp Help:A Candido PPE 11/17/02
000206 KINKOS INC Misc Supplies/Svcs:Central Svcs Dept
600.00
178.00
44.59
460.65
4,714.06
112.04
39.94
55.00
500.00
500.00
2,730.00
864.00
4.04
600.00
178.00
44.59
460.65
4,714.06
151.98
55.00
1,000.00
2,730.00
864.00
4,04
Page~
apChkLst Final Check List Page: 7
12/0612002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check# Date
81102 12/06/2002
81103 12/06/2002
81104 12/06/2002
81105 12/06/2002
81109 12/0612002
81110 12/06/2002
81111 1 2/06/2002
81112 12/06/2002
81113 1 2/06/2002
(Continued)
Vendor Description
000869 LAWRENCE WELK RESORTTH Welks Excursion:12/12/02:#O00492
005787 LAWRENCE, LUANA
005685 LAWRENCE, MARTHA C.
81106 12/06/2002 003726 LIFE ASSISTINC
81107 12/06/2002 004978 LOS ANGELES TIMES
81108 12/06/2002 004087 LOWE'S
004697 LOWES HIW INC
81114 12/06/2002
81115 12/06/2002
81116 12/06/2002
81117 12/06/2002
Refund:Security Deposit
Wdting the Murder Mystery:Erie Stanle
004905 LIEBERT, CASSIDY&WHITMOR Oct:PmfessionalSvcs:t~q'E060:HR
Tdage Tarps:Medic Pgrm:OTS
Exhibit LA Times Travel Show:2/1-2/0
Parks Repair/Maint SupplJes:TCSD
Misc Tools:Fire Station #92
004013 M & M REFRIG., HEATING & NC emerg mpairs~reezer @ Fire Stn 84
003782 MAIN STREET SIGNS
005568 MAIN STREET SUB STATION
004141 MAINTEX INC
001967 MANPOWER TEMPORARY SER
000220 MAURICE PRINTERS INC
004815 MCCUE CORPORATION
003448 MELODYS AD WORKS
Var. pad( signs/hardware supplies
Refund:Fac Impr Prg:Main St Sub Stn
T.C.C. Custodial Supplies
City Hall Custodial Supplies
City Hall Custodial Supplies
Parks custodial supplies
Senior Center Custodial Supplies
temp help w/e 11/03 Dankworth
temp help w/e 11/10 Dankworth
Fire/P.D. Recogn. Display Box
Credit:Price adjustment/Inv#040497
CRC 18" high stock gray comer guar
Credit:items returned
Reimb:Dec holiday promo expenses
Reimb:promo expenses
reimb;Howl-o-ween promo expenses
Amount Paid Check Total
615.00 615.00
100.00 100.00
250.00 250.00
528.00 528.00
418.28 418.28
1,650.00 1,650.00
213.22 213.22
69.71 69.71
312.50 312.50
332.95 332.95
190.00 190.00
148.67
84.30
541.50
314.87
148.67 1,238.01
354.75
354.75 709.50
70.04 70.04
-99.13
497.86
-21.00 377.73
557.40
210.00
100.00 867.40
Page]
apChkLst Final Check List Page: 8
12/06/2002 2:56:01PM City of Temecuta
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81118 12/06/2002 003076 MET LIFE INSURANCE
81119 12/06/2002 004002 MiLNER'SIGNS
81120 12/06/2002 001384 MINUTEMAN PRESS
81121 12/06/2002 001892 MOBILE MODULAR
(Continued)
Description
City dental insurance
Fac Imp Prgm: Kaleidoscope Natural
Qty 14,000 Window Envelopes:Financ
Business Cards:Austin/ANarez
Nov modular bldg rental:Fire Stn 92
81122 12/06/2002 004534 MOBILE SATELLITE VENTURES EOCsatellitestn phonesvcs
81123 12/06/2002 release claims agreement prat
81124 12/06/2002 Transportation costs:Hol. Parade
81125 12/06/2002 Dec Music Broadcast in Old Town
81126 12/06/2002 000727 NATIONAL FIRE PROTECTION renew"Nat'l Fire Codes" subscription
renew annual mbrshp:Windsor
81127 12/06/2002 005782 NEEDHAM, DENISE Refund: Secudty Deposit
81128 12/06/2002 005738 NELSON DRYWALL PATCH N M Res Imp Prgm: Villa, Jose & Be]tran,
005788 MOHILL, ALAN & TULLIS, JOHN
003039 MURRIETAVALLEY HIGH SCH
001986 MUZAK INC
81129 12/06/2002
81130 12/06/2002
81131 12/06/2002
81132 12/06/2002
81133 12/06/2002
81134 12/06/2002
000233 NELSON, SHAWN
003570 NORM REEVES
002139 NORTH COUNTY TIMES- ATTN:
003382 O'GRADY, JAMES B.
Reimb:Library Lobby Trip:Il/20
GEM VEHICLE FOR TEM POLICE
Oct Halloween ads for Old Town
Reimb:CALED Econ Dev Cf:l 1/5-6
003964 OFFICE DEPOT BUSINESS SVS Office supplies for Finance Dept.
2 Drawer lateral file cabinet:Code Enl.
005784 OLD TOWN RECORDS Refund: Sports - BB Mens League
Amount Paid Check Total
6,014,08 6,014.08
549.53 549.53
684.21
85.66 769.87
777.95 777,95
69.00 69.00
3,000.00 3,000.00
300.00 300.00
59.50 59.50
700,00
135.00 835.00
100.00 100.00
1,900.00 1,900.00
154.58 154.58
2,493.25 2,493.25
1.165.60 1,165.60
21.96 21.96
21.99
301.65 323.64
40.00 40.00
Pages
apChkLst Final Check List Page: 9
1210612002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81135 12/06/2002 002105 OLD TOWN TIRE & SERVICE
81136 12/06/2002 002668 OMEGA LAKE SERVICES
81137 12/06/2002 001171 ORIENTALTRADINGCOMPANY
81138 12/06/2002 004520 PAINT CONNECTION, THE
81139 12/06/2002 001958 PERS LONG TERM CARE PROG
81140 12/06/2002
81142 12/06/2002
81143 12/06/2002
81144 12/06/2002
81145 12/06/2002
004790 PETER D BRANDOW & ASSOCI
000249 PETTy CASH
004625 PLANT EQUIPMENT, INC
000252 POLYCRAFT INC
000254 PRESS ENTERPRISE COMPAN
81146 12/06/2002
81147 12/06/2002
81148 12/06/2002
81149 12/06/2002
81150 12/06/2002
002880 PRO-CRAFT SASH & SUPPLY
005704 PRORiDER INC
001416 QUICK CRETE PRODUCTS INC
000635 R & J PARTY PALACE
000981 RHFINC
Amount Paid
Check Total
City vehicle maint#epair svcs
City vehicle maintJrepair svcs
City vehicle maintJrepair svcs
City vehicle maint/repair svcs
City vehicle maintJmpair svcs
City vehicle maint/repair svcs
City vehicle maint/repair svcs
TEMECULA DUCK POND WATER Q
supplies for Wtr Wonderland/Parade
Res imprv p~gm: Zahyna, Jim
Employee benefits
Design svcs:ldscp 79S sidewalk
Petty cash reimbumement
Petty cash reimbumement
CITYWIDE EMERGENCY NOTIFICAT
Qty 6 - 14" City Seal Decels-
Qty 6 - 14" City Seal Decels:FWV
Oct var. public ntcs:City Clerk
Oct public ntc:99-0382:City Clerk
Credit:Incorrect amount billed
Oct Constr update ads for PW
Oct recruit ads for H.R. Dept
Oct vadous public ntce:Planning
Res Imp Prgm: Flores, John & Lisa
Bicycle Helmets:Police Bike Rodeo
Temeku Hills Park:Maint supplies
Rental equip:"Hot Summer Nights"
repair/maint P.D. radar equipment
83.76
25.00
58.56
52.76
37.42
223.24
220.47
800.00
164.75
1,700.00
227.08
153.87
510.67
485.10
42,791.25
576.46
217.87
53.00
21.50
-149.00
3,444.25
2,885.41
412.75
1,712.59
1,422.00
431.00
194.50
175.35
701.21
800.00
164.75
1,700.00
227.08
153.87
995.77
42,791.25
794.33
6,667.91
1,712.59
1,422.00
431.00
194,50
175.35
Page9
apChkLst Final Check List Page: 10
12106/2002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81151 12/06/2002 002072 RANCHO CALIFWATER DIST
81152 12/06/2002 000262 RANCHO CALIF WATER DIST
81153 12/06/2002 000907 RANCHO CAR WASH
81154 12/06/2002
81155 12/06/2002
81156 12/06/2002
81157 12/06/2002
81158 12/06/2002
81159 12/06/2002
81160 12/06/2002
81161 12/06/2002
81162 12/06/2002
81163 12/06/2002
81164 12/06/2002
81165 12/06/2002
000947 RANCHO REPROGRAPRICS
004584 REGENCY LIGHTING
Amount Paid
Check Total
Deposit:remove water mtr:Ch. Museum
2,000.00
2,000.00
Nov 01-99-02003-0 Floating Mtr
Nov 02-79-10100-1 NW Sprts Pk
City vehicle detailing services
City vehicle detailing svcs/fuel usage
City vehicle detailing services
City vehicle detailing services
City vehicle detailing services
City vehicle detailing services
City vehicle detailing services
Purchase 2 - K&R Hand Levels:Land
Dupl blueprints:So. Gateway Ldscp
Credit:Dupl billing:inv~ 094747
Sports Park electrical supplies
Parks electrical supplies
Parks electrical supplies
003591 RENES COMMERCIAL MANAGE Citywide Weed Abate/Debris Removal
Empire CreeldMarg. Park clean-up.
399.98
87.35
32.00
198.03
487.33
005783 RIEDY, ALICIA
000266 RIGHTWAY
000353 RIVERSIDE CO AUDITOR
005785 RIVERSIDE CO EMS
001365 RIVERSIDE CO
001592 RIVERSIDE CO INFO
005705 RIVERSIDE CO PURCH & FLEE
Refund: Secudty Deposit
11/06-12/22 equip rental:Long Cyn
Sep 02 parking citation assessment
EMT/Paramedic re-certificatios:T
Jul-Sep 2002 vector control svce
mpair/maint P.D. emerg, radios
8 1/2 x 11 white copy paper for city
000955 RIVERSIDE CO SHERIFF SW ST Rod Run patrolsvcs:10/11-12/02
005767 RONALD MITCHELL HEP, ZER C Refund:Fac. lmprv Prgm:Calico Coffee
63.45
56.00
8.00
53.47
33.50 444.45
119.06
36.27 155.33
-64.00
567.50
302.92
64.00 870.42
5,000.00
3,200.00 8,200.00
100.00 100.00
94.92 94.92
2,026.50 2,026.50
150.00 150.00
1,878.91 1,878.91
596.80 596.80
1,890.40 1,890.40
12,686.95 12,686.95
190.00 190.00
Page:10
apChkLst Final Check List Page:
1210612002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81166 12/06/2002
81167 12/06/2002
81168 12/06/2002
81169 12/06/2002
81170 12/06/2002
81171 12/06/2002
000277 S & S ARTS & CRAFTS INC
005018 SACHER, SUZANNE L.
005395 SAN BERNARDINO & RIVERSI
005227 SAN DIEGO COUNTY OF
000278 SAN DIEGO UNION TRIBUNE
000403 SHAWN SCOTT POOL & SPA
81172 12/06/2002 003506 SHIVELAMIDDLE SCHOOLBAN
81173 12/06/2002
81174 12/06/2002
81175 12/06/2002
000645 SMART & FINAL INC
000722 SO CALF ASSN CODE ENF.OFF
000537 SO CALIF EDISON
81176 12/06/2002 005786 SPRINT
(Continued)
Description
Amount Paid
Check Total
Craft supplies for TCSD holiday event
TCSD Instructor Earnings
repair to Fire Stn 84 sprinkler dser
Suppod Payment
Sep/Oct recruit ads for H.R. Dept
T.E.S. pool maint, svcs
Transportation costs:HoI.Parade
Recreation Supplies for MPSC
Annual membership:M. Salazar
Annual membership:J. Voshall
Nov 2-16-528-9980 Santiago Rd
Nov 2-14-204-1615 Front St Rdio
Nov 2-24-151-6582 OveHand Pass
Nov 2-21-981-4720 Hwy 79
Nov 2-02-502-8077 West Wing
Nov 2-22-496-3439 Winchester
Nov 2-22-057-2226 6th St
Nov 2-20-817-9929 Front St Stn
Nov 2-21-911-7892 S.Side Prk Lot
Nov 2-19-171-8568 Wed Chapel
Nov 2-23-365-5992 Fire Stn 92
Nov 2-18-049-6416 Front St Ped
Nov 2-22-891-0550 various mtrs
Nov 2-11-007-0455
Nov 2-19-683-3263 Front St Ped
Nov 2-22-575-0876 Old Town Front St
Nov 2-02-351-4946 Sr Ctr
Nov 2-00-397-5067 vadous mtrs
Nov 2-16-937-3152 Moreno
Nov 2-00-397-5042 City Hall
Nov 2-19-999-9442 various mtrs
equipment/cell phone svss
243.92
48.00
120.00
107.00
896.98
140.60
200.00
98.18
50.00
50.00
53.08
19.88
13.82
66.58
1,424.59
56.63
53.34
220.34
151.29
82.05
272.96
236.91
230.49
330.30
319.07
282.03
949.04
926.01
544.46
13,863.09
2,214.86
325.66
243.92
48.00
120.00
107.00
896.98
140.60
200.00
98.18
100.00
22,310.84
325.66
Page~l
apChkLst Final Check List Page: 12
12/06/2002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
81177 12/06/2002
81178 12/06/2002
81179 12/06/2002
004420 STATE COMP INSURANCE FUN
004247 STERICYCLE INC
000574 SUPERTONER
81180 12/06/2002 003599 TY LIN INTERNATIONAL
81181 12/0612002 000305 TARGET STORE
81182 12/06/2002 001547 TEAMSTERS LOCAL 911
81183 12/06/2002 000309 TEMECULA COPIERS
81185 12/06/2002
81186 12/06/2002
81187 12/06/2002
81188 12/06/2002
81189 12/06/2002
81190 12/06/2002
81191 12/06/2002
81192 12/06/2002
81193 12/06/2002
(Continued)
Description
Nov workers' comp premium
MEDICAL WASTE COLLECTION
Dec HP Pdnter Maint Service
HP Printer Supplies
HP Printer Supplies
9/28-11/01 dsgn svcs:R.C.Bddge:99-1
Electdc Light Parade supplies
Rec class supplies - Teen Programs
Rec class supplies - Teen Programs
Employee's union
Color copies on color copier
usage costs of copiers
81184 12/06/2002 001672 TEMECULADRAINSERV&PLU Sports Park plumbing svcs
Paloma Park plumbing svcs
Temeku Hills Park plumbing svcs
003677 TEMECULA MOTORSPORTS LL repair/maint P.D. motorcycles
005651 TEMECULA PLACE FY 01/02 CFD 88-12 Reimbursement
004541 TEMECULA RADIATOR/AUTO R repair/maint on M.S.84 vehicle
003519 TEMECULA VALLEY ART LEAG
000311 TEMECULA VALLEY HIGH SCH
004816 TEMECULA VALLEY MAILING S
Refund: Sec Deposit/indoor rental
Transportation costs:Hol. Parade
Postage:business license renewals
003074 TEMECULAVALLEY ROSE SOC Refund: Secudty Deposit
004274 TEMECULA VALLEY SECURITY Crown Hill Park locksmith svss
003508 THOMPSON MIDDLE SCHOOL Transportation costs:HoLParade
Amount Paid
18,373.43
60.43
828.32
172.40
154.62
4,232.81
109.16
36.55
7.54
2,948.00
2,033.20
3,399.32
85.00
85.00
95.00
388.33
9,472.38
845.01
205.00
300.00
2,850.22
100.00
122.11
200.00
Check Total
18,373.43
60.43
1,155.34
4,232.81
153.25
2,948.00
5,432.52
265.00
388.33
9,472.38
845.01
205.00
300.00
2,850.22
100.00
122.11
200.00
Page:12
apChkLst Final Check List Page: 13
12/06/2002 2:86:01 PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA
Check# Date Vendor
81194 1~06~002
81195 12/06/2002
81196 12/06/2002
81197 12/06/2002
81198 12/06/2002
81199 12/06/2002
81200 1 2/06/2002
000668 TIMMY D PRODUCTIONS INC
000459 TUMBLE JUNGLE FITNESS GY
004001U C REGENTS
(Continued)
Description
D.J. Svcs:11/19 Concierge FAM Tour
TCSD Instructor Eamings
TCSD Instructor Earnings
TCSD Instructor Eamings
TCSD Instructor Earnings
TCSD Instructor Eamings
TCSD Instructor Earnings
TCSD Instructor Earnings
UCR Econ Forecast Cf:11/22:JO/GR
003228 U S BANK TRUST NATIONAL AS Arbitrage Rebate Svcs:CFD 88-12
001065 U S C MWEST (DEF COMP)
000389 U S C M WEST (OBRA)
002065 UNISOURCE
81201 12/06/2002 004846 UNITED GREEN MARKINC
Amount Paid
Check Total
Employee def comp plan
P/T ee retirement
misc paper supplies for central servic
irrigation supplies for TCSD
195.00
195.00
81202 12/06/2002 005581 UNITED STATES MARINE CORP Transportation costs:HoL Parade
81203 12/06/2002 000325 UNITED WAY
440.00
388.80
117.60
78.40
274.40
156.80
156.80
165.00
1,612.80
165.00
81204 12/06/2002
81205 12/06/2002
81206 12/06/2002
2,000.00
2,000,00
000325 UNITED WAY
004819 UNUM LIFE INS. CO. OFAMERI
004261 VERIZON CALIFORNIA
81207 12/06/2002
81208 12/06/2002
81209 12/06/2002
17,579.75
2,095.28
962.78
125.13
17,579.75
2,095.28
962.78
125.13
004848 VERIZON SELECT SERVICES I
003730 WEST COAST ARBORISTS INC
004268 WESTERN FIRE COMPANY
02/03 Gift Giving Campaign
Employee contributions
Employee long term disability
NOV XXX-2676 GENERAL USAGE
NOV XXX-0073 GENERAL USAGE
NOV XXX-2626 PD TARGET
NOV XXX-3526 FIRE ALARM
Nov long distance phone svcs
Citywide Tree Trimming Maint Svcs
TCC semi annual kitchen hood inspe
300.00
1,355.49
250.80
5,966.69
28.67
1,769.59
213.33
83.10
1,432.55
6,637.40
65.00
300.00
1,355.49
250.80
5,966.69
2,094.69
1,432.55
6,637.40
65.00
Page:13
apChkLst Final Check List Page: 14
12/0612002 2:56:01PM City of Temecula
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description
81210 12/06/2002 005706 WESTERN PACIFIC SIGNAL LL Purchase of 4 LED Signal Lamps
Amount Paid
568.00
Check Total
568.00
81211 12/06/2002 000348 ZIGLER, GAlL
Reimb:Raffie Pdzes 441.72
Reimb:Team Pace Thanksgiving 191.18
Reimb:gift certificate/Promenade Mall 100.00
Sub total for UNION BANK OF CALIFORNIA:
732.90
555,612.59
Page:14
apChkLst Final Check List Page: t5
12/06/2002 2:56:01PM City of Temecula
199 checks in this report.
Grand Total All Checks:
555.612.59
Page~5
ITEM 3
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR~
CITY MANAGER
ClTYOFTEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Roberts, Director of Finance
December 17, 2002
Financial Statements for.the Three Months Ended September 30, 2002
PREPARED BY: Karen Jester, Assistant Finance Directo,~
Pascale Brown, Senior Accountant,~l~
RECOMMENDATION: That the City Council receive and file the Financial Statements
for the Three Months Ended September 30, 2002.
DISCUSSION: The attached financial statements reflect the unaudited activity of the
City for the three months ended September 30, 2002. Please see the attached financial statements
for an analytical review of financial activity.
FISCAL IMPACT: None
A'I'rACHMENTS:
Combining Balance Sheet as of September 30, 2002
Statement of Revenues, Expenditures and Changes in Fund Balance for
the Three Months Ended September 30,2002 Combining Balance Sheet
(Internal Service Funds) as of September 30,2002
Statement of Revenues, Expenses and Changes in Retained Earnings
(Intemal Service Funds) for the Three Months Ended September 30,2002
Combining Balance Sheet (Community Facilities Districts) as of September
30, 2002
Statement of Revenues, Expenditures and Changes in Fund Balance
(Community Facilities Districts) for the Three Months Ended September 30,
2002
CITY OF TEMECULA
Combining Balance Sheet as of September 30, 2002
and the
Statements of Revenues, Expenditures and
Changes in Fund Balance
For The Three Months Ended
September 30, 2002
and the
Statement of Revenues, Expenses and Changes
in Retained Earnings
For The Three Months Ended
September 30, 2002
(Unaudited)
Prepared by the Finance Department
City of Temecula
Combining Balance Sheet
As of September 30, 2002
Assets:
Cash and investments
Receivables
Due from other funds
Advances to other funds
Deposits
Land held for resale
Total assets
Liabilities and fund balances:
Liabilities:
Due to other filnds
Other current liabilities
Deferred revenue
General Gas T~x Sham Trans Dev Impact CDBG
Fund Fund Fund Fund Fund
$ 21,779,390 $ 18,758 $ 9,016,274
1,351,418 $ 302 103 111,525
3,651,896 145,089 3,862 242,000 $
2,833,694
18,463
530,401
131,507
$ 30,165,262 $ 145,391 $ 22,722 $ 9,369,800 $ 131,507
17,434
7,297,728
538,518
$ 69,971
Total liabilities 7,853,680 69,971
Fund balances:
Reserved
Designated
Undesignated
Total fund balances
Total liabilities
and fund balances
4,139,881
12,490,109 $
5,681,592
145,391 $ 22,722 9,299,829 131,507
22,311,582 145,391 22,722 9,299,829 131,507
$ 30,165,262 $ 145,391 $ 22,722 $ 9,369,800 $ 131,507
Please note that these balances are unaudited
City of Temecula
Combining Balance Sheet
As of September 30, 2002
Assets:
Cash and investments
Receivables
Due from other funds
Advances to other funds
Deposits
Land held for resale
Total assets
Liabilities and fund balances:
Liabilities:
Due to other funds
Other current liabilities
Deferred revenue
Total liabilities
AB 2766 AB3229 Measure A CIP
Fund Fund Fund Fund Total
123,443 $
705
17,100
$ 141,248 $
867 $ 2,315,711 $ 19,035,605 $ 52,290,048
5 13,640 83,103 1,560,801
52,668 1,471,358 5,715,480
2,833,694
18,463
530,401
872 $ 2,382,019 $ 20,590,066 $ 62,948,886
$ 1,425,000 $ 1,442,434
839,387 8,137,115
608,489
2,264,387 10,188,037
Fund balances:
Reserved
Designated
Undesignated
Total fund balances
Total liabilities
and fund balances
$ 141,248
141,248
$ 141,248 $
3,433,239 7,573,120
872 2,382,019 14,892,440 39,506,137
5,681,592
872 2,382,019 18,325,679 52,760,849
872 $ 2,382,019 $ 20,590,066 $ 62,948,886
Please note that these balances are unaudited
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
General Fund
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budget Activity
Sales tax $ 19,700,000 $ 4,782,172
Developmental services:
Planning 569,420 91,392
Building & safety 1,252,000 427,241
Land development 1,060,890 517,219
Fire 159,000 62,129
Grants 97,000
of Budget
24%
16% (1)
34% (2)
49% (2)
39% (2)
0% (3)
Motor vehicle in lieu 3,438,300 1,095,128 32%
Property tax 2,174,850 226,459 10% (4)
Property transfer tax 415,200 110,439 27%
Franchise fees 1,954,000 280,339 14% (5)
Transient occupancy tax 1,835,000 407,119 22% (6)
Reimbursements 135,000 75,399 56%
Reimbursements from TCSD 162,000 40,500 25%
Reimbursements from RDA 225,000 56,250 25%
Reimbursements from CIP 1,503,360 286,120 19%
Investment interest 896,000 154,446 17%
Business licenses 205,000 25,431 12% (7)
Vehicle code fines 432,300 166,927 39% (8)
Miscellaneous 72,500 9,199 13%
Parking citations/impound fees 73,000 16,276 22%
Operating transfers in 1,409,000 228,621 16%
Total Revenues $ 37,768,820 $ 9,058,806 24%
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
General Fund
For the Three Months Ended September 30, 2002
Expenditures:
Annual YTD
Amended YTD Activity
Budget Activity Encumbr. + Encumbr
City Council $ 383,900
Community Support 422,500
City Manager 832,790
Economic Development 808,175
City Clerk 817,740
City AiXorney 540,000
Finance 1,506,192
Human Resources 419,158
Planning 3,113,232
Building & Safety 2,033,800
Engineering 1,594,520
Public Works 5,048,615
CIP Admin 1,782,040
Police 9,963,210
Fire Dept 3,791,703
Animal Control 102,500
Non-departmental 4,791,211
Total Expenditures (Excluding Transfers)
Revenues Over/(Under) Expenditures
Operating Transfers Out
Revenues Over/(Under) Expenditures
and Operating Transfers
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002 $
of Budt~et
$ 88,156 $ 1,568 $ 89,724 23%
64,225 9,608 73,833 17%
165,454 67,608 233,062 2g%
191,776 35,319 227,095 28%
166,313 20,948 187,261 23%
278,754 278,754 52%
278,449 131,869 410,318 27%
108,372 35,810 144,182 34%
622,672 304,798 927,470 30%
469,120 139,382 608,502 30%
296,515 35,544 332,059 21%
928,858 858,872 1,787,730 35%
372,928 14,630 387,558 22%
2,118,022 97,027 2,215,049 22%
g32,569 54,377 886,946 23%
24,706 24,706 24%
1,171,642 1,171,642 24%
37,951,286 8,178,531 1,807,360 9,985~891 26%
(182,466) 880,275
2,130,000 2z130,000
(2,312,466) (1,249,725)
23~561~307 23~561,307
21,248,84~1 $ 22,311,582
(9)
(10)
(u)
(11)
(12)
(1) The variance is due to several single family tract, plot plans that have not completed the planning stage during this quarter.
(2) The variance is due to several plot plan, plan check, track map improvement, grading, permits, fire inspections
that have been completed during first quarter.
(3) Local Law Enforcement Grant Funds are expected to be here by the end of the fiscal year.
(4) Property tax payments are scheduled for December and January.
(5) The variance in Franchise fees is due to Adelphia & The Gas Company that have annual payments due in the later part of the fiscal year.
(6) The variance in TOT is due to several entities that have quarterly payments due in October and one hotel having delinquent
payments for July and September.
(7) The variance in Business License revenue is due to the processing of renewals in December and January each fiscal year.
(8) The variance in Vehicle Code Fines is due to higher than originally anticipated revenues, adjustments are anticipated at midyear.
(9) The variance in Community Support is due to the timing of payments to community organizations.
(10) The variance in legal expenditures is due to increase litigation activity associated with development projects.
(11) The variance is due to encumbrances for temp help and consulant services(plan checks) for the year. Plan check consulting
costs are also higher than anticipated due to increased development activity.
(12) The variance is due to the encumbrances for street maintenance related contracts.
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Gas Tax Fund
For the Three Months Ended September 30, 2002
Section 2105-2107
Investment interest
Total Revenues
Expenditures:
Operating transfers out
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002
Annual
Amended YTD
Budget Activity
$ 1,272,500 $ 373,710
6,500 302
1,279,000 374,012
1,279,000 228,621
145,391
$ $ 145,391
Total Percent
Encumbr. Activity of Budget
$ 373,710
302
374,012
228,621
29%
5%
29%
18%
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
State Transportation Fund
For the Three Months Ended September 30, 2002
Investment interest
Traffic congestion relief
Total Revenues
Expenditures:
Operating transfers out
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002
Amended YTD
Budl~et Activity
$ 14,000 $ 102
205,000
219,000 102
677,563
(458,563) 102
22,620 22,620
$ (435,943) $ 22,722
Encumbr.
Total
Activity
102
102
of Bud[get
(1)
(2)
(1) Funds are expected to be in October, January and April.
(2) The variance is due to several Pavement Rehab Programs City Wide projects
budgeted from this fired have not started during this quarter.
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Development Impact Fund
For the Three Months Ended September 30, 2002
Amended YTD
Budi~et Activity
Quimby $ 231,000 $
Street improvements 656,000 157,960
Traffic signals 140,000 35,041
Parks 625,000 158,538
Corporate facilities 178,000 44,360
Fire protection 59,000 15,417
Library 150,000 33,753
Public facilities 969
Investment interest 57,907
Total Revenues 2,039,000 503,945
Expenditures:
Operating transfers out
4,331,500
Total Pement
Encumbr. Activity of Budset
$
157,960
35,041
158,538
44,360
15,417
33,753
969
57,907
503,945
(l)
24%
25%
25%
25%
26%
23%
25%
(2)
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July l, 2002
Ending Fund Balance, September 30, 2002
(2,292,500) 503,945
8,795,884 8,795,884
$ 6,503,384 $ 9,299,829
Notes:
(1) Quimby revenues are expected to be here in March and April
(2) The variance is due several CIP projects funded through DIF and have not started yet.
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Community Development Block Grant
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budget Activity
Grant revenue $ 425,120 $ 131,507
Total Revenues 425,120 131,507
Expenditures:
Other outside services 52,893
Operating transfers out 72,500
Total Expenditures 125,393
Revenues Over/(Under) Expenditures 131,507 131,507
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002 $ 131,507 $ 131,507
Encumbr.
Total
Activity
$ 131,507
131,507
of Budget
31% (1)
31%
(2)
Notes:
(1) The variance is due to reimbursement of the completed senior center project which was received
during this first quarter.
(2) The variance is due the Rancho Sports Park ADA project that have not started during this first quarter.
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
AB 2766 Fund
For the Three Months Ended September 30, 2002
Revenues:
AB 2766
Investment interest
Total Revenues
Expenditures:
Operating transfers out
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002
Annual
Amended YTD
Bud[get Activity
$ 50,000 $ 19,017
706
50,000 19,723
150,000
150,000
(100,000) 19,723
121,525 121,525
$ 21,525 $ 141,248
Encumbr.
Total
Activity
$ 19,017
706
19,723
of Budset
38%
39%
(1)
Notes:
(1) The State Route 79 South Sidewalk and landscape CIP project budgeted from this fund has not been started yet.
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
AB 3229 COPs
For the Three Months Ended September 30, 2002
Annual
Amended YTD Total Percent
Budget Activity Encumbr. Activity of Budget
Total Revenues
AB 3229- COPS $ 126,000 $ 0 0
Investment interest 4,000 5 5
130,000 5 5
Expenditures:
Operating transfers out 130,000 0
Revenues Over/(Under) Expenditures 0 5
Beginning Fund Balance, July 1, 2002 $ 867 867
Ending Fund Balance, September 30, 2002 $ 867 $ 872
(l)
(1) Funds are expected to be in by the end of January
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Measure "A"
For the Throe Months Ended September 30, 2002
Measure "A" $
Investment interest
Total Revenues
Expenditures:
Debt service - principal
Debt service - interest
Operating transfers out
Total Expenditures
Revenues Ovcr/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002 $
Annual
Amended YTD
Budget Activity
1,653,000 $ 512,936
13,640
1,653,000 526,576
414,888 103,361
151,578 38,261
2,792,700
3,359,166 141,622
(1,706,166) 384,954
1,997,065 1,997,065
290,899 $ 2,382,019
Encumbr.
Total
Activity
$ 512,936
13,640
526,576
103,361
38,261
141,622
of Budl~et
31%
32%
25%
25%
4%
(1)
Notes:
( 1 ) The CIP projects (Diaz Rd and Pavement Rehab) budgeted from this fi~nd have not yet started.
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Capital Improvement Projects Fund
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budget Activit~
Revenues:O)
Operating transfers in $ 22,043,763 2,130,000
Grants 8,588,000 $ 40,778
Reimbursements 2,759,700
Investment interest 83,103
Total Revenues 33,391,463 2,253~881
Expenditu~s:(1)
Encumbr.
Total
Activit~
2,130,000
40,778
83,103
2~253,881
of Bud~
10%
0%
7%
Murrieta creek bridge/Overland Ext 165-602
Pauba Rd Improvements II 165-606
Intersection monitoring system 165-607
Winchester Rd Widening] 165-608
Rancho Ca Rd Wide/Ynez Rd 165-611
Emergency Generator 165-612
Cher~ Extension Diaz/Jefferson 165-614
Guardrail lnstallatiordRainbow Can 165-619
Guidant Corp Rd lmpr 165-620
Jefferson Pavement Rehab 165-621
Medians Citywide 165-622
Pauba Rd Improvements/Margarita 165-623
Rancho Ca wide old town front 165-624
79 South Medians 165-625
Traffic Signals-Diaz~Rancho Way 165-626
Western Bypass Corridor Phase [ 165-628
Bus Bench Upgrades 165-629
Pala Rd. bridge 165-63 I
Diaz realignment 165-632
Old Town Front 79S Landscape imp 165-633
Pavement management 165-655
II 5/79S interchange (ultimate) 165-662
Pala Road improvements 165-668
Flashing beacons 2000 165-670
Diaz road extension at Cherry St 165-684
115/Winchester Road rarap improvements 165-697
Date stree~Cherry Overpass 165-704
l 15/Santiago interchange 165-705
Margarita improvements Plo Pico/79S 165-706
Murrieta Creek Interim/Via Montezuma 165-707
Rancho Ca Bridge/Murrieta Creek wide 165-710
Traffic signaI equipment installation 165-712
Traffic signals Margarita£DePortola 165-713
Localized Storm Drain Imp 165-715
(continued)
29,250 1,285
7,016
1,214,480 8,478
1,115,762 43,799
145,000 12,384
790
50,000
334,000 1,052
450,000
1,841,120
190,000 48
90,000
200,000
700,000 1,t94
100,000
119,772
120,000 93I
127,413 2,099
1,240,700 23,715
30,000
1,482,514 438,767
375,936
7,000~398 110,840
20,000
114,257
68,316
7,393
54,327
4,734,444
199,986
10,214
33,354
50,000 6,419
27,965
7,016
14,390
125,315
2,716
274,027
19,828
339,858
114,257
68,316
7,393
44,177
75,849
29,250
7,016
22,868
43,799
12,384
79O
1,052
48
1,194
931
127,414
26,431
712,794
19,828
450,698
114,257
68,316
7,393
54,391
109,203
6,419
100%
100%
2%
4%
9%
0%
0%
0%
1%
100%
2%
48%
5%
6%
100%
100%
100%
100%
2%
13%
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Capital Improvement Projects Fund
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budl~et Activity Encumbr.
Total
Activit~
of Bud[get
Fiber optic conduits 165-718 118,000 118,000 118,000 100%
Date/Cherty Street S.B. offramp 165-719 5,379,968 9,442 9,442
Bridge Barrier Rail Replacement 165-722 252,457 6,826 20,872 27,698 11%
Butterfield Stage Rd Extension 165-723 1,675,000
Date/Cherry 1-15 Offramp 165-726 4,000,000 12,638 12,638 0./o
John Warner/Santiago Rd 165-727 1,650,940 29,475 42,020 71,495 4%
Winchester/79S Landscape 165-729 100,000
Fire Station Wolf Creek 165-733 57,983 57,983 57,983 100./o
79S Sidewalk/Landscape 165-734 295,105 3,871 894 4,765 2%
Murrieta Creek Imp 165-735 150,000
Rainbow Canyon Sidewalks 165-736 57,959
Pedestrian Bridge/79N 165-738 448,758 3,749 3,749 1./o
Vail Ranch Interim Fire Station 165-739 1,000 1,000 1,000 100./o
Murriata Creek multi-purpose trail 190-142 1,487,300 13,880 37,300 51,180 3*/o
Northwest sports complex 190-146 79,200
Vail Ranch Park Site D 190-160 59,000
Children's museum 190-165 1,694,418 305,580 867,357 1,172,937 69%
Community theater 190-167 5,991,375 77,220 104,022 I81,242
Chaparral HS swimming pool 190-170 150,889 39,231 18,694 57,925 38%
Desiltation pond 190-171 1,800 810 990 1,800 100%
Northwest sports complex 190-173 3,182,456 3,507 18,696 22,203 1
Play Structure Retrofit 190-179 25,535 25,640 25,640 100%
RC Sports Park ADA access 190-180 72,500 5,921 5,921 8%
Vail Ranch Amenities 190-182 298,916 3,594 6,519 10,113 3%
Mercantile Building Retrofit 190-183 442,500 117,717 306,042 423,759
Library 199-129 659,555 22,445 198,557 221,002 34%
City Hall Complex 199-166 75,000
Total Expenditures (Excluding Transfers)
Revenues Over/(Under) Expenditures
50~619~698 1~377~915
(17,228,235) 875,966
2,919~053
Beginning Fund Balance, July 1, 2002 17,44%713 17,449,713
Ending Fund Balance, September 30, 2002 $ 221,478 $ 18,325,679
Notes:
(I) The variances in CIP Fund revenues and in project expenditures are due to the timing of when the various projects
are actually started and costs are incurred.
4~296~968
8%
Internal Service Funds
Combining Balance Sheet
As of September 30, 2002
Information Support
Insurance Vehicles Systems Services Facilities
Fund Fund Fund Fund Fund Total
Cash andinvestments $ 1,484,156 $ 328,816 $ 718,301 $ 210,199 $ 105,170 $ 2,846,641
Receivables 9,099 2,044 6,615 1,571 3,044 22,373
Prepaid assets 65,168 65,168
Property, plant and equipment (net of
accumulated depreciation) 588,604 526,234 212,913 1,327,752
Total assets $ 1,558,423 $ 919,464 $ 1,251,150 $ 424,683 $ 108,214 $ 4,261,934
Liabilities and fund equity:
Liabilities:
Current liabilities $ 672,266 $ 0 $ 56,413 $ 10,647 $ 35,038 $ 774,364
Capital leases payable 207,995 207,995
Total liabilities 672,266 0 56,413 218,643 35,038 982,359
Fund equity:
Contributed capital
Retained earnings
Total fund equity
Total liabilities and fund equity
500,000 214,539 473,065 94,177 1,281,781
386,158 704,925 721,672 111,864 73,176 1,997,794
886,158 919,464 1,194,737 206,040 73,176 3,279,575
$ 1,558,423 $ 919,464 $ 1,251,150 $ 424,683 $ 108,214 $ 4,261,934
Please note that these balances are unaudited.
14
City of Temecula
Statement of Revenues, Expenses and Changes in Retained Earnings
Internal Service Funds
For the Three Months Ended September 30, 2002
Charges for services $
Investment interest
Miscellaneous
Total Revenues
Expenses:
Salaries & wages 9,270
Operating expenses 109,918
Interest
Depreciation
Total Expenses 119,189
Net Income (Loss) 2,945
Retained Earnings, July I, 2002 883,212
Retained Earnings, September 30, 2002 $ 886,158 $
Information Support
Insurance Vehicles Systems Services Facilities
Fund Fund Fund Fund Fund Total
112,635 $ 60,900 $ 340,137 $ 63,486 $ 119,286 $ 696,444
9,099 2,044 3,692 1,263 445 16,543
400 65 465
122,134 62,944 343,893 64,749 119,731 713,452
52,000
93,937 20,892 65,508 189,607
116,824 21,584 55,189 303,517
1,483 1,483
109,750 22,750 184,500
52,000 320,512. 66,710 120,697~ 679,107
10,944 23,382 (1,960) (966) 34,345
908,520 1,171,355 208,001 74,142 3,245,230
919,464 $ 1,194,737 $ 206,040 $ 73,176 $ 3,279,575
Community Facilities Districts
Combining Balance Sheet
As of September 30, 2002
Cash and investments
Receivables
Total assets
Liabilities and fund balances:
Liabilities:
Current liabilities
Total liabilities
Fund balances:
Reserved
Designated
Total fund balances
Total liabilities and fund balances
CFD 88-12 CFD 01-2 CFD 88-12 CFD 98-01 CFD 98-01
Admin Non- Debt Debt Admin
Expense Departmental Service Service Expense
Fund Fund Fund Fund Fund Total
$ 5,094 $ 5,150,546 $ 2,571,512 $ 842,466 $ 71,285 $ 8,640,903
9,179 16,880 2,146 86 28,292
$ 14,27~3 $ 5,150,54~6 2,588,392 $ 844,61~2 $ 71,372 $ 8,669,19.~_5
131846 $ 2,497 $ $ 500 $ 161843
13,846 0 2,497 0 500 161843
427 5,1501546 21585~895 844,612 70~872 8~652,353
427 5,150,546 2~585~895 844,612 70~872 81652,353
$ 14,27~3 $ 5,150,54~6 $ 2,588,39~2 $ 844~612 $ 71,372 $ 8,669,195
Please note that these balances are unaudited.
t6
City of Temecula
Statement of Revenues, Expenditures and Changes in Fund Balance
Community Facilities Districts
For the Three Months Ended September 30, 2002
Investment interest
Reimbursements
Special assessments
Bond Proceeds
Operating Transfers In
Total Revenues
Expenditures:
Legal services
Other outside services
Debt service - principal
Debt service - interest
Bond Premium Expense
Operating Transfers Out
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1,2002
Ending Fund Balance, September 30, 2002 $
CFD 88-12 CFD 01-2 CFD 88-12 CFD 98-1 CFD 98-1
Admin Debt Debt Admin
Expense Improvement Service Service Expense
Fund Fund Fund Fund Fund Total
$ 109 $ 546 $ 32,416 $ 2,303 $ 92 $ 35,467
12,601 12,601
5,150,000 12,110,000 50,000 17,310,000
21,036 21,036
109 5,150,546 45,017 12,112,303 71,128 17,379,104
10,300 $ 2,950$ 13,250
$ 665,000 665,000
430,429 430,429
$ 12,828,095 12,828,095
21,036
10,300 1,095,429 12,849,131 2,950 13,936,774
(10,191) 5,I50,546 (1,050,412) (736,828) 68,178 3,421,294
10,618 3,636,307 1,581,441 2,694 5,231,059
427 $ 5,150,546 $ 2,585,895 $ 844,612 $ 70,872 $ 8,652,353
17
ITEM 4
TO:
FROM:
DATE:
SUBJECT:
APPROVAL ~./~. ~
II
CITYATTORNEY ~ I[
DIRECTOR OF FINA~NC_.E~I
CITY MANAGER ~
ClTY OFTEMECULA
AGENDA REPORT
City ManagedCity Council
q/~William G. Hughes, Director of Public Works/City Engineer
December 17, 2002
Completion and Acceptance of Construction Contract
Rancho Vista Road Drainage Improvements
Project No. PW02-12
PREPARED BY:
Amer Attar, Principal Engineer
Brian Guillot, Assistant Engineer
RECOMMENDATION:
That the City Council:
Accept the project Rancho Vista Road Drainage Improvements, Project No. PW02-12, as
complete; and,
2. File a Notice of Completion, release the performance Bond; and,
Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
BACKGROUND: On September 24, 2002, the City Council awarded the construction contract
to Mclaughlin Engineering & Mining, Inc. in the amount of $27,000 for said project and authorized
the City Manager to approve change orders that are within the 10% contingency.
The project entailed cleaning the storm drain system located immediately east of the Metropolitan
Water District (MWD) easement at Rancho Vista Road. The system consists of an inlet to accept
storm flows from the adjacent single-family housing development to the northeast, a catch basin to
accept storm flows from Rancho Vista Road, an existing manhole in Rancho Vista Road,
approximately 300 linear feet of 33-inch diameter concrete pipe, and an outlet structure which
discharges into the Spods Park desiltation basin. In order to improve access to the storm drain
system so that city forces may maintain the pipe, an additional manhole was constructed
approximately half way along the existing pipe reach.
The contractor has completed the work in accordance with the approved plans and specifications,
and within the allotted time to the satisfaction of the City Engineer. The construction retention for
this project will be released on or about 35 days after the Notice of Completion has been recorded.
FISCAL IMPACT: The Rancho Vista Road Drainage Improvement project is funded with Capital
Project Reserves for Localized Storm Drain Improvements, Various Locations for fiscal year 2002-
2003. The final construction cost is $29,280.00, which includes a contract change order in the
amount of $2,280.00. This change order was for additional material that was removed from the
storm drain outlet. Adequate funds are available for this project in Account No. 210-165-715-5804.
1
R:\CIP~PROJECTS\PW02\PW02-12 Rancho Visla Drain\$taffi, PW02-12NotJceofCornpletion.doc
ATTACHMENT:
1. Notice of Completion
2. Contractor's Affidavit and Final Release
2
RECORDING REQUESTED BY
AND RETURN TO:
CiTY CLERK
CITY OF TEMECULA
P.O, Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest
Vendee Under Contract.
92590.
The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California
3. A Contract was awarded by the City of Temecula to McLaughlin Engineering & Mining, Inc.
41934 Main Street, #107, Temecula, CA 92590-2701 to perform the following work of improvement:
RANCHO VISTA STORM DRAIN IMPROVEMENTS
Project No. PW02-12
4. Said work was completed by said company according to plans and specifications and to the
satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the
City Council of the City of Temecula at a regular meeting thereof held on December 17, 2002. That upon said
contract the Travelers Casualty and Surety Company of America was surety for the bond given by the said
company as required by law.
5. The properly on which said work of improvement was completed is in the City of Temecula,
County of Riverside, State of California, and is described as follows:
Rancho Vista Storm Drain Improvements, Project No. PW02-12
6. The location of said property is: Rancho Vista Road immediately west of Southern Cross
Road, Temecula, California
th
Dated at Temecula, California, this 17 day of December, 2002.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
Susan W. Jones CMC, City Clerk
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of
perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Riverside by said City Council.
Dated at Temecula, California, this 17th day of December, 2002.
Susan W. Jones CMC, City Clerk
R:\ClP\Projects\PW02-12\Staf~Notice of Completion
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW02-'I2
Rancho Vista Road Drainage Improvements
This is to certify that /~c (..,~c~.uJ ~,,.)~./~--/ ~' ,/~'~/~/,,,J~ ./~J~
(hereinafter the "CONTRACTOR") declares to the City of Temecula, under oatt~; that
he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and
all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's
agents, employees or subcontractors used or in contribution to the execution of it's
contract with the City of Temecula, with regard to the building, erection, construction, or
repair of that certain work of improvement known as PROJECT NO. PW02-12, Rancho
Vista Road Drainage Improvements, situated in the City of Temecula, State of
California, more particularly described as follows:
Rancho Vista Road west of Southern Cross Road
The CONTRACTOR declares that it knows of no unpaid debts or claims arising
out of said Contract, which would constitute grounds for any third party to claim a Stop
Notice against of any unpaid sums owing to the CONTRACTOR,
Further, in connection with the final payment of the Contract, the CONTRACTOR
hereby disputes the following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release
and acquit the City of Temecula and all agents and employees of the City, and each of
them, from any and all claims, debts, demands, or cause of action which exist or might
exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of
any contract amount which the CONTRACTOR has not disputed above.
Dated: .z////,,~//~
CONTRACTOR:
McLaughlin Engineering & Mining, Inc.
Print Name and Title
RELEASE R-1
ITEM 5
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Shawn Nelson, City Manager
December 17, 2002
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE.., --.
CITY MANAGER
Resolution of Support for the Current Level of Vehicle License Fees
(VLF) for Citizens & Protection of Local Government Revenues
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council adopt the following resolution:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING THE CURRENT LEVEL OF
VEHICLE LICENSE FEES (VLF) FOR CITIZENS AND THE
PROTECTION OF LOCAL GOVERNMENT REVENUES FROM
STATE BUDGET CUTS
BACKGROUND: Governor Davis has called the newly elected legislature into a rare special
session to immediately address the budget crisis. The Governor intends to propose program cuts
and other measures to reduce the state shortfall by $5 billion before the end of this year. The
estimated total State budget de~cit is projected between $21-$30 billion dollars.
Given the magnitude of the State Budget deficit; we realize spending cuts and revenue
enhancements will likely be required to balance the budget. However, the City does not support the
reinstatement of the Vehicle License Fees to previous levels to compensate for this loss.
The City does not support an increase in taxes in the form of VLF registration fees passed on to our
residents to balance the State budget. The City is requesting that Governor Davis and State
Legislators find alternative sources for budget cuts that will not create hardships for Cities and
Counties. The City is very pleased with the current arrangement of VLF revenues and request that
the backfill payments from the State to local governments remain intact. Cities and Counties need
to be assured that the same level of VLF funding in 2002-03 fiscal year will be equivalent to what we
received last year.
The City of Temecula's VLF revenue is projected at over $3.3 million dollars for FY 2002-03, which
represents nearly 9% of the General Fund Revenues. The VLF and other local government
revenues allow the City of Temecula to provide many local services including Police & Fire
protection, emergency medical response, programs for seniors/adults and children, parks and
recreation, roads and road maintenance and much more. Protection and reliance on this revenue is
critical and the City is adamantly opposed to any increase in registration fees to our citizens in an
effort to balance the State budget shortfall.
In an effort to see that local government revenues remain unchanged, including, Vehicle License
Fees (VLF), it is imperative that our position be conveyed to State Legislators. The attached
resolution will effectively convey this position to the State.
FISCAL IMPACT:
None at this time
Attachments:
Resolution 02-
RESOLUTION NO. 02-~
A RESOLUTION OF THE CITY COUNCIL OF
TEMECULA SUPPORTING THE CURRENT LEVEL
OF VEHICLE LICENSE FEES (VLF) FOR CITIZENS
AND THE PROTECTION OF LOCAL GOVERNMENT
REVENUES FROM STATE BUDGET CUTS
WHEREAS, the City of Temecula does not support an increase in the VLF
registration fees passed on to our citizens; and
WHERAS, the City of Temecula is adamantly opposed to any increase in these
registration fees to our citizens in an effort to balance that State budget shortfall; and
WHEREAS, the City of Temecula is very pleased with the current arrangement of
VLF revenues and request that the backfill payments from the State to local governments
remain intact; and
WHEREAS, the City of Temecula does not want to see VLF revenue decreased
but rather remain at its current level; and
WHEREAS, the City of Temecula has projected over $3.3 million dollars in
Vehicle License Revenue for 2002-03 (nearly 9% of the General Fund Revenues); and
WHEREAS, these revenues are critical to continue providing local services; and
WHEREAS, State lawmakers can and should avoid putting local services at risk
to solve state budget problems; and
WHEREAS, Local services including police and fire protection, emergency
medical response, programs for seniors, roads, water systems and public transportation should
not be jeopardized to balance the state budget; and
WHEREAS, local services and local revenues are down from the slowed
economy, as a result local services are also stretched thin at a time when population and
demands for services are soaring; and
WHEREAS, local governments and local services are already playing a
considerable role in the budget solution; and
NOW THEREFORE BE IT RESOLVED that the City of Temecula supports the current
level of Vehicle License Fees (VLF) for our citizens and the protection of local government
revenues from State budget cuts.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of
Temecula at a regular meeting held on the 17th day of December 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 02- was duly and regularly adopted by the City Council of the City of Temecula
th
at a regular meeting thereof held on the 17 day of December, 2002, by the following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNClLMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
ITEM 6
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE .~/'~/~'--
CITY MANAGER .~",~1~
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
Grant Yates, Assistant'to the City Manager
December 17, 2002
Award of Contract for City Newsletter
PREPARED BY: Ashley Herndon, Management Assistant
RECOMMENDATION: That the City Council approve a two-year contract with Maurice
Printers for publication of the City Newsletter in the amount of $32,654.45
BACKGROUND: On November 22, 2002 a Request for Proposal (RFP) was sent out to six
local printers requesting their assistance in design and publication of the City Newsletter. The
RFP contained the following specifications:
· Quantity: 32,000 (including all businesses and residential addresses in the City)
· 6-pages - 11 x 25.5 folds to 5.5 x 8.5
· Ink 4/4 (color) + gloss aqueous on 100# gloss book
· Graphic design and layout
· Quantities sorted for bulk mail distribution
· Quantities delivered to the post office
Of the six local printers that received an RFP, two submitted a proposal prior to the December
5, 2002 deadline.
Out of the two bids that were submitted, Maurice Printers submitted the Iow bid. The estimated
price for the publication of six newsletters over a two-year period is $30,306.00. This equates to
$5,051.00 per newsletter (tax not included), which is significantly lower than the other bid that
staff received. In consideration of price and the outstanding quality of work that Maurice
Printers did in the last newsletter, it is staff's recommendation to award a two-year contract for
printing service to Maurice Printers.
FISCAL IMPACT: Funds are available in the current year budget to fund the newsletter.
Attachment: Exhibit A - Bid submitted on November 27, 2002 by Maurice Printers.
CITY OF TEMECULA
AGREEMENT
FOR PRINTING SERVICES
CITY N EWSLE'I-rER
THIS AGREEMENT, is made and effective as of December 17, 2002, bet~en
the City of Temecula, a municipal corporation ("City') and Maurice Printers, ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM. This Agreement shall commence on December 17, 2002, and
shall remain and continue in effect until tasks described herein are completed, but in no e~ent
later than December 17, 2004, unless sooner terminated pursuant to the pro~sions of this
Agreement.
2. SERVICES. Consultant shall perform the services and tasks described
and set forth in Exhibit A, attached hereto and incorporated herein as though set brth in full.
Consultant shall complete the tasks according to the schedule ofperformance which is also set
forth in Exhibit A.
3. PERFORMANCE. Consultant shall at all times ~ithfully, competently and
to the best of his or her ability, experience, and talent, perform all tasks described herein.
Consultant shall employ, at a minimum, generallyaccepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder in
meeting its obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Consultant after each subsequent publication, in
accordance with the payment rates and terms and the schedule ofpayment as set forth in
Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein bythis
reference as though set forth in full, based upon actual time spent on the abo',e tasks. Any
terms in Exhibit B other than the payment rates and schedule of payment are null and void. This
amount shall not exceed $32,654 Dollars and 45 Cents ($32,654.45) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Consultant at the time Cit~/s written authorization is given to
Consultant for the performance of said services. The City Manager may approve additional
work up to ten percent (10%) ofthe amount of the Agreement. Anyadditional work in excess of
this amount shall be approved by the City Council.
c. Consultant will submit invoices after each subsequent publication for
actual services performed. Invoices shall be submitted between the first and fifteenth business
day of each month, for services provided in the previous month. Payment shall be made within
thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of
consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of
any disputed fees set forth on the invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
R:\ASHLEY$\Agreement.doc
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or anyportion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice pro~ides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make wid or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant Nil submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant Dr
any work performed after the date of default and can terminate this Agreement immediatelyby
written notice to the Consultant. Ifsuch failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance, in the
event that the Consultant fails to cure its default within such period of fime, the Cityshall have
the right, notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to anyother remedy to which it may be entitled at
law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records Nth respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall gi~e City the right to
examine and audit said books and records, shall permit Cityto make transcripts there t'om as
necessary, and shall allow inspection of all work, data, documents, proceedings and acti~ties
related to this Agreement. Such records, together v~th supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, draNngs, maps, models, computer §les containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer ~les containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
c. With respect to the design of public improvements, the Consultant shall
not be liable for any injuries or propertydamage resulting from the reuse of the design at a
location other than that specilied in Exhibit A without the written consent of the Consultant.
8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees
may sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Consultant's negligent or wrongful acts or omissions arising
out of or in any way related to the performance or non-perfermance of this Agreement, excepting
only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain
for the duration of the contract insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work hereunder by
the Consultant, its agents, representati,,es, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA O0
01 06 92 covering Automobile Liability, code 1 (anyauto). If the
Consultant owns no automobiles, a non-owned auto endorsement
to the General Liability policy described above is acceptable.
(3)
Worker's Compensation insurance as required bythe State of
California and Employer's Liability Insurance. If the Consultant has
no employees while performing under this Agreement, ~orker's
compensation insurance is not required, but Consultant shall
execute a declaration that it has no employees.
Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
(1)
General Liability-S1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall applyseparately to
this project/location or the general aggregate limit shall be twce
the required occurrertce limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3)
Worker's Compensation as required bythe State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
R:/ASHLEYS\Agreement.doc
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing pa~-nent of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liabilityarising out of activities
performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
(3)
Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, ex;ept with respect
to the limits of the insurer's liability.
(5)
Each insurance policy required bythis clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VlI, unless other'v, ise acceptable to the City. Self
insurance shall not be considered to complywith these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required bythis clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alternative to the Cit~/s forms, the Consultant's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the Citya wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's ex;lusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at anytime or in anymanner represent that it or anyof its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligafion or liabilitywhatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. E~cept for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant br
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed
of all local, State and Federal ordinances, law and regulations which in any manner affect those
employed by it or in anyway affect the performance of its service pursuant to this Agreement.
The Consultant shall at all times observe and comply with all such ordinances, laws and
regulations. The City, and its officers and employees, shall not be liable at lawor in equity
occasioned by failure of the Consultant to complywith this section.
12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or propertylocated within the City. Response to a subpoena or court
order shall not be considered "veluntar~' provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be sened with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request br admissions or other discovery
request, court order or subpoena tom any party regarding this Agreement and the work
performed there under or with respect to any project or propertylocated within the City. City
retains the right, but has no obligation, to represent Consultant and/or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate blly with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not implyor mean the right
by City to control, direct, or rev, rite said response.
13. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in w'iting and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal E~press,
that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address ofthe party
as set forth below or at any other address as that partymay later designate by Notice. Notice
shall be effective upon delivery to the addresses specified below or on the third business day
following deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Maurice Printers
Attn: Dave Robinson
42685 Rio Nedo
Temecula, CA 92590
14. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City. Upon termination of this Agreement, Consultant's sole compensation shall be pay-nent
for actual services performed up to, and including, the date oftermination or as maybe
otherwise agreed to in writing between the City Council and the Consultant.
15. LICENSES. At all times during the term ofthis Agreement, Consultant
shall have in full force and effect, all licenses required of it by law for the performance of the
services described in this Agreement.
16. GOVERNING LAW. The City and Consultant understand and agree that
the laws of the State of California shall govern the rights, obligations, duties and liabilities ofthe
parties to this Agreement and also govern the interpretation ofthis Agreement. Anylitigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one
party against the other to enforce its rights under this Agreement, the pre~ailing party, as
determined by the Court's judgement, shall be entitled to reasonable attorneyfees and litigation
expenses for the relief granted.
17. PROHIBITED INTEREST. No officer, or employee of the City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Contractor, or Contractor's sub-contractors br this project, during his/her tenure or
for one year thereafter. The Contractor hereby warrants and represents to the Citythat no officer
or employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business ofthe Contractor or Contractor's
sub-contractors on this project. Contractor further agrees to notify the City in the event any such
interest is discovered whether or not such interest is prohibited bylaw or this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations ofthe parties described in this
Agreement. All prior or contemporaneous agreements, understandings, representations and
statements, oral or vwitten, are merged into this Agreement and shall be ofno further force or
effect. Each partyis entering into this Agreement based solelyupon the representations set
forth herein and upon each part~/s own independent investigation of any and all facts such party
deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has
the authority to execute this Agreement on behalf of the Consultant and has the authorityto bind
Consultant to the performance of its obligations hereunder.
R:\A S H LEY$\A g reement.d~c
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be e~ecuted
the day and year first above written.
CITY OF TEMECULA
Shawn D. Nelson, City Manager
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Maurice Printers
Dave Robinson
42685 Rio Nedo
Temecula, CA 92590
By:¸
Name:
Title:
By:
Name:
R:\A$ H LEYS\Ag r~ement, dcc
Title:
(Signatures of two corporate officers required for Corporations)
R:\ASHLEYS/Agreement doe
EXHIBIT A
TASKS TO BE PERFORMED
The consultant is to provide the City of Temecula with graphic design and layout,
publication/printing, bulk mail sorting, and post ofice delivery of six City Newsletters over a two
year period with the following specifications:
· Quantity: 32,000
· 6 pages - 11 x 25.5 folds to 5.5 x 8.5
· Ink 4/4 (color) + gloss aqueous on 100# gloss book
· Graphic design and layout
· Quantities are soded for bulk mail distribution
· Quantities delivered to the post o~ce
EXHIBIT B
PAYMENT RATES AND SCHEDULE
The City agrees to pay Consultant after each subsequent publication, in accordance ~ith the
payment rates and terms and the schedule ofpayment as set forth here. This amount shall not
exceed $32,654 Dollars and 45 Cents ($32,654.45) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
Phone (909) 296-0300 Fax (909) 296-0306
November 27, 2002
Customer Number: 000000001609
Ashley or Aaron Adams 909-694-6419
City of Temecula 909-694-6499
PO Box 9033
43200 Business Park Drive
Temecula CA 92589-9033
We are pleased to submit the followt~ng estimat~ Please call if you have questions or need to
make any changes. The price does not include sales tax~ Ownership of printing aids passes to
customer. This quote is good for 60 days.
PAYMENT TERMS: Open Account - Net 30 Days.
New Account- 50% Deposit- C.O.D.
Estimate Number: 3190
Estimate Date: 11/27/2002
Salesoerson: DAVE ROBINSON
Estimated By DAVE
Inside Temecula Newsletter - 6 pages
11 x 25.5 - folds to 5.5 x 8.5
Ink 4/4 (full color) + gloss aqueous
on 100g gloss book
Includes all graphic design & layout
Quantities sorted for post office delivery
Estimate Total
Quantity: 32,000
Price: 5,051.00
Total: $5,051.00
*Above cost does not include sales tax.
Please circle the quantify that you wish to order, sign the quotation and fax back. We
cannot begin production until this form is returnea~ Please indicate a purchase order
number if this is necessary for billing your company. PROOF PENDING RETURN OF
SIGNED'ES TIMA TE.
Sign Date
Form #102D 11-2001
ITEM 7
APPROVAL
TO:
FROM:
PREPARED BY:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Howard Windsor, Fire Chief ~
Jim McBride, Fire Marshal
December 17, 2002
Roripaugh Fire Station Design and Deposit Agreement
RECOMMENDATION: That the City Council:
1) Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEPOSIT AGREEMENT BETWEEN CITY OF
TEMECULA AND ASHBY USA, LLC FOR RORIPAUGH RANCH
FIRE STATION DESIGN
2)
Approve a Professional Services Agreement with STK Architects in the amount of
$50,000 for preliminary design work.
BACKGROUND:
In an attempt to expedite the design work on the Roripaugh Fire Station the applicant (Ashby
USA LLC) has agreed to provide a deposit so that the CiTY may enter into an agreement with
the architect to begin the preliminary design work. The CFD is expected to be funded and the
development progressing before the preliminary design contract is completed at which time a
contract for the final design and construction documents will be processed.
The architect selected was STK as they are already under agreement preparing the design and
construction drawings for the Wolf Creek Fire Station. Further, STK is the awarded vendor for
such services through Riverside County for new fire station construction within the
unincorporated areas of the County.
C;IDccuments and Setting s~ballr em~Local Setting s~Temp~Roripaug h Design&Deposit Agreement S[eff ReporLdoc
FISCAL IMPACT:
NONE: All expenditures will be paid through the $50,000 deposit provided by Ashby USA, LLC.
ATTACHMENTS:
Resolution
Deposit agreement
Professional Services Agreement
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING THAT
CERTAIN AGREEMENT ENTITLED "DEPOSIT
AGREEMENT BETWEEN CITY OF TEMECULA
AND ASHBY USA, LLC FOR RORIPAUGH RANCH
FIRE STATION DESIGN"
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. This Resolution is made with respect to the following facts and
purposes, which the parties acknowledge to be true and correct:
a. The Ashby USA, LLC ("Developer") has filed an application for a
approval of an environmental impact report, general plan amendment, specific
plan, zone change, development agreement, tentative tract maps and annexation
for approximately 640 acres of property within the City of Temecula and the
unincorporated area of Riverside County which is on filed with the Planning
Department of the City of Temecula as Planning Application No. PA 32 (the
"Project").
b. On November 26, 2002, the City Council of the City of Temecula
introduced the ordinances required for approval of the specific plan, zone change
and development agreement.
c. Section 4 of the Development Agreement require the Developer to
pay for the costs of land acquisition, design and construction of a Three Bay
Heavy Urban fire station near the intersection of Butterfield Stage Road and South
Loop Road to serve the development and surrounding areas ("Fire Station"). The
land for the Fire Station will be dedicated to the City pursuant the subdivision
map for the development.
d. It is necessary for the City to proceed with design of the design of
the Fire Station in order for the Developer to meet the development schedule set
forth in the Development Agreement and Conditions of Approval for the Project.
Section 2. The City Council of the City of Temecula hereby approves that certain
agreement entitled "DEPOSIT AGREEMENT BETWEEN CITY OF TEMECULA AND
ASHBY USA, LLC FOR RORIPAUGH RANCH FIRE STATION DESIGN" with such
changes as may be mutually agreed upon by the City Manager and the parties thereto as are
in substantial conformance with the form of such Agreement as presented to the Council.
The Mayor is hereby authorized to execute the Agreement, including related exhibits and
attachments on behalf of the Agency. A copy of the final Agreement when executed by the
Mayor shall be placed on file in the Office of the City Clerk.
Section 2. The City Manager (or his designee), is hereby authorized, on behalf of
the City of Temecula, to take all actions necessary and appropriate to carry out and
implement the Agreement and to administer the City's obligations, responsibilities and duties
to be performed under the Agreement and related documents, including but not limited to,
certifications, escrow instructions, and implementing agreements.
Section 3. Certain public improvement for the Project, including the Fire
Station, will be financed pursuant to a community facilities district being formed by the
Temecula Public Financing Authority (the "Authority"). The Authority has initiated
proceedings to issue bonds pursuant to the Community Facilities District Act and other
applicable law to pay for the public improvements. It is the intent of the City in entering
into this Agreement that the that costs of the design of the Fire Station advanced by the
Developer be repaid to the Developer by the proceeds of the Community Facility District
Bonds for the Project.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula at a regular meeting held on the day of December 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
) SS
I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 02-__ was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof, held on the day of December, 2002, by the
following vote, to wit:
AYES:
COUNCiL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
DEPOSIT AGREEMENT BETWEEN CITY OF
TEMECULA AND ASHBY USA, LLC FOR
RORIPAUGH RANCH FIRE STATION
DESIGN
THIS DEPOSIT AGREEMENT (the "Agreement") is made and entered into as of
December 17, 2002 by and between the City of Temecula (the "City") and Ashby USA, LLC.
(the "Developer"). In consideration of the mutual covenants set forth herein, and for other
consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
Section 1. Recitals. This Agreement is made with respect to the following facts and
purposes, which the parties acknowledge to be true and correct:
a. The Developer has filed an application for a approval of an environmental
impact report, general plan amendment, specific plan, zone change, development
agreement, tentative tract maps and annexation for approximately 640 acres of property
within the City of Temecula and the unincorporated area of Riverside County which is on
filed with the Planning Department of the City of Temecula as Planning Application No.
PA 32 (the "Project").
b. On November 26, 2002, the City Council of the City of Temecula
introduced the ordinances required for approval of the specific plan, zone change and
development agreement.
c. The Section 4 of the Development Agreement require the Developer to
pay for the costs of land acquisition, design and construction of a Three Bay Heavy Urban
foot fire station near the intersection of Butterfield Stage Road and South Loop Road to
serve the development and surrounding areas ("Fire Station"). The land for the Fire
Station will be dedicated to the City pursuant the subdivision map for the development.
d. It is necessary for the City to proceed with design.of the design of the Fire
Station in order for the Developer to meet the development schedule set forth in the
Development Agreement and Conditions of Approval for the Project.
e. Certain public improvement for the Project, including the Fire Station, will
be financed pursuant to a community facilities district being formed by the Temecula
Public Financing Authority (the "Authority"). The Authority has initiated proceedings to
issue bonds pursuant to the Community Facilities District Act and other applicable law to
pay for the public improvements. It is the intent of the City in entering into this
Agreement that the that costs of the design of the Fire Station advanced by the Developer
be repaid to the Developer by the proceeds of the Conununity Facility District Bonds for
the Project.
Section 2. The Deposit; Additional Advances.
20009.03:J5540
a. The Developer has provided to the City a deposit of fifty thousand dollars
($50,000.00) for the Fire Station (the "Deposit"), to be used by the City to pay the costs of the
design of the Fire Station (as more fully described in Section 2(a) below, the "Project Costs"),
said amount having been heretofore delivered by the Developer to the Finance Director of the
City by means of a cashier's check made payable to the "City of Temecula." The City, by its
execution hereof, acknowledges receipt by the City of the Deposit. The check representing the
Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the
City for purposes of investment and safekeeping, but the City shall at all times maintain records
as to the expenditure of the Deposit.
b. The Developer hereby agrees to advance any additional amounts necessary to pay
any costs incurred by the City for the design of the Fire Station, in excess of the amount of the
Deposit, promptly upon written demand therefore by the Finance Director of the City, and not
later than five (5) business days following such demand; provided that the amount of the Deposit,
plus any such additional amounts (the "Additional Deposits") and, collectively with the Deposit,
th~ "Dep. osits"), shall not exceed two hundred fifty thousand dollars ($250,000.00) without the
prior written consent of the Developer. Notwithstanding the foregoing, the City Manager may
direct City staff and consultants to cease all work related to the Fire Station until any additional
amounts so demanded has been received by the City.
Section 3. Use of Funds. The Deposits shall be administered as follows:
a. The Finance Director of the City may draw upon the Deposits from time to time to
pay the costs of design of the Fire Station which include, but not limited to: (i) the fees and
expenses of any consultants as may be deemed necessary by the City and retained by the City in
connection with the design of the Fire Station, including, but not limited to, architects,
engineering, environmental, legal counsel (including the City Attorney's office), planning
consultants, for all phases of design work, including, but not limited to, conceptual design,
preparation of construction documents, and construction supervision; (ii.) any and all other actual
costs and expenses incurred by the City or with respect to the design of the Fire Station. The
initial costs for the design of the Fire Station include the architect's proposal, attached hereto as
Exhibit A~I, and incorporated herein as though set forth in full.
b. The Developer hereby acknowledges that costs may be charged against the
Deposits and that it will be responsible for the costs described in this Section 3(a) whether or not
the Project is approved by the City Council in a form acceptable to the Developer.
c. Within one hundred (100) calendar days following the issuance of a certificate of
occupancy for the Fire Station, the City shall refund any unused portions of the Deposits,
provided that any unused portion may be applied to the City's defense of any litigation to which
the City is a party arising out of the design and construction of the Fire Station.
Section 4. No Obligation to Approve Project. The provisions of this Agreement shall
in no way obligate the City Council or the Planning Commission of the City of Temecula to
approve the Project or amendments thereto. Developer acknowledges and agrees that the City
Council and the Planning Commission shall at all times hear, consisder and act upon the Project
and any amendments thereto in accordance with the requirements of state law.
-2-
Section 5. Severabilit¥. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
Section 6. Accounting. The City Finance Director shall provide the Developer with a
written accounting of moneys expended under this Agreement, within fifteen (15) business days
of receipt by the Finance Director of the City ora written request therefore submitted by an
authorized officer of the Developer. No more than one accounting will be provided in any
calendar month and the cost of providing the accounting shall be charged to the Deposits.
Section 7. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto, provided that Developer shall
notify City of any full or partial assignment of its interest in the property or the Project within
five (5) business days following approval of the assignment.
Section 8. Notices. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of
the party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business
day following deposit with the United States Mail as provided above.
To City: City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, Ca. 92589-9033
Attention: City Manager
To Developer:
Ashby USA, LLC
470 East Harrison Street
Corona, California 92879
Attn: Richard Ashby
9. Governing Law; Litigation; Attorney Fees. The City and Developer understand
and agree that the laws of the State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.
Any litigation concerning this Agreement shall take place in the municipal, superior, or federal
district court with jurisdiction over the City of Temecula. In the event such litigation is filed by
one party against the other to enfome its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
-3-
10. Authority to Execute this Agreement. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Developer and has the authority to bind Developer to the
performance of its obligations hereunder. ·
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Ron Robe,s
Mayor
A~est:
Susan Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson
City Attorney
DEVELOPER
ASHBY USA, LLC
By:
Name:
Title:
Richard Ashby
President
By:
Name:
Title:
-5-
EXHIBIT A-1
ARCHITECT'S PROPOSAL
-6-
AGREEMENT
FOR CONSULTANT SERVICES
PHASE- I PRELIMINARY DESIGN FOR
THE RORIPAUGH FIRE STATION
THIS AGREEMENT is made and effective as of December 17, 2002, between the
City of Temecula, a municipal corporation ("City") and STK Architecture, Inc., ("Consultant"). in
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on December 17, 2002, and shall
remain and continue in effect until tasks described herein are completed, but in no event later than
March 31, 2003, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Consultant shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder in meeting .its
obligations under this Agreement.
4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the
Labor Code of the State of California, the City Council has obtained the general prevailing rate of
per diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be
obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing
wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a
minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,
1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,
Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion
thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing
rates for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract.
5. PAYMENT.
a. The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule,
attached hereto and incorporated herein by this reference as though set forth in full, based upon
actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and
no Cents ($50,000.00) for the total term (PHASE I) of the Agreement unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Updated 2/2/01
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic agreement
amount and contingency amount) exceed twenty -five thousand dollars ($25,000.00). Any additional
work in excess of this amount shall be approved by the City Council.
c. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of each
invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10)
days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all
work under this Agreement, unless the notice provides otherwise. Ifthe City suspends or terminates
a podion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OFCONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by writter~ notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
Updated 2/2/01
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and shall be clearly identi-
fied and readily accessible. Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City the right to examine and
audit said books and records, shall permit City to make transcripts there from as necessary, and
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years affer receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated for the work, surveys, notes, and other documents prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused or otherwise disposed of by the City without the pern3ission of the
Consultant. With respect to computer files containing data generated for the work, Consultant shall
make available to the City, upon reasonable written request by the City, the necessary computer
software and hardware for purposes of accessing, compiling, transferring and printing computer
files.
c. With respect to the design of public improvements, the Consultant shall not
be liable for any injuries or property damage resulting from the reuse of the design at a location
other than that specified in Exhibit A without the written consent of the Consultant.
9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to
property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any
way related to the performance or non-performance of this Agreement, excepting only liability arising
out of the negligence of the City.
10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
· a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2)
Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Consultant owns no automobiles, a non-owned auto endorsement to
the General Liability policy described above is acceptable.
(3)
Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. if the Consultant has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Consultant shall execute
a declaration that it has no employees.
Updated 2/2/01
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(4)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commemial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3)
Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for
bodily injury or disease.
(4)
Professional Liability coverage: One million ($1,000,000) per claim
and in aggregate.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of the Consultant; premises owned, occupied or used by
the Consultant; or automobiles owned, leased, hired or borrowed by
the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officers, officials,
employees or volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers. Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Consultant's insurance and shall not contribute
with it.
(3)
Any failure to comply with reporting or other previsions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers.
Updated 2/2/01
(4)
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City, Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraqe. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Consultant's insurer may provide
complete, certified copies of all required insurance policies, including endorsements effecting the
coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any
of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant
shall not at any time or in any manner represent that it or any of its officers, employees or agents are
in any manner officers, employees or agents of the City. Consultant shall not incur or have the
power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the
pedormance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all
local, State and Federal ordinances, laws and regulations which in any manner affect those
employed by it or in any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such ordinances, laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Consultant to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior written
authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily provide
Updated 2/2/01
declarations, lettem of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under or with respect to any project or property located within the City. City retains the right,
but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Consultant. However, City's right to review
any such response does not imply or mean the right by City to control, direct, or rewrite said
response.
14. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (I) personal service, (ii)
delivery by a reputable document delivery service, such as but not limited to, Federal Express, that
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
certified mail, postage prepaid, return receipt requested, addressed to the address of the party as
set forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
STK Architecture, Inc.
2575 San Jacinto Avenue
San Jacinto, California 92583-5318
15. ASSIGNMENT. The Consultant shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Council and the Consultant.
16. LICENSES. At all times during the term of this Agreement, Consultant shall
have in full force and effect, all licenses required of it by law for the performance cf the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the
Updated 2/2/01
other to enfome its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Consultant warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Consultant and has the authority to bind
Consultant to the performance of its obligations hereunder.
Updated 2/2/01
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Shawn D. Nelson, City Manager
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
By:
Title:
Peter M. Thorson, City Attorney
CONSULTANT
STK Architecture, Inc.
2575 San Jacinto Avenue
San Jacinto, Ca. 92583-5318
Name:
By:
Title:
Name:
Updated 2/2/01
(Signatures of two corporate officers required for Corporations)
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements of this service include: See Attached
Updated 2/2/01
EXHIBIT "A"
TASKS TO BE PERFORMED
9 December 2002
Greg Butler, Sr Engineer
CITY OF TEMECULA
Public Works Department
43174 Business Park Drive
Temecula, California 92590
RE:
PROPOSAL FOR ARCHITECTURAL SERVICES FOR
3-BAY HEAVY-URBAN FIRE STATION - RORIPAUGH DEV
TEMECULA, CALIFORNIA
Mr Butler:
We appreciate the opportunity to work with the City of Temecula once again. In order to be
clear about our effort, and based on our experience, the following tasks are necessary to
accomplish your goals.
1.0 Research
2.0
1.1 Review available Design Guidelines.
1.2 Verify on-site field conditions. (STK to provide site Topo and preliminary
Soils Report.)
1.3 Establish exact design (based on Development Guidelines), and utility
program requirements.
1.4 The street design and utility extension plans to the project site will be
provided by Ashby LLC.
Schematic Design
2.1
2.2
2.3
Clearly develop a site plan consistent with Development Guidelines.
Provide material sample boards and colored elevations for City Planning
Department review/approval.
Meet with Ashby LLC, the City of Temecula, the Fire Department, and all
City Departments.
Prepare floor plan and site plan, concept plans for DRC. The exterior
elevations will be designed to fit the Development Guidelines.
ARCHITECTURE INTERIOR DESIGN PLANNING CONSTRUCTION MANAGEMENT
2575 South San Jacinto Ave., San Jaclnto, California 92583-5318 Phone: 909/925-2504 Fax: 909/925-0244 E Mail: stk@stkinc.com
Greg Butler, City of Temecula
Temecula F.S. - Exhibit "A"
9 December 2002
Page 2
3.0 Design Development:
3.1 Meet with Ashby LLC, the City of Temecula, and Fire Department to
review and adjust design as needed.
3.2 Develop Document Package.
4.0 Construction Documents:
5.0
4.1
Develop plans and specifications for final Construction Package, based
on direction approved by Ashby LLC and the City of Temecula, in 3.0
above.
4.2
4.3
Complete all Construction drawings & specifications, and submittal forms
for Plan Check submission to the City.
Incorporate City Plan Check comments into plans for approved Permit
Set.
4.4
4.5
4.6
Submit one (1) set of drawings (reproducible bond) and one (1) set of
specifications to the City for bidding.
Provide "onsite" topo survey, precise grading plans, erosion control plan,
planting and irrigation plan, fire water line and domestic water plan, sewer
connection, and dry utility plans to the property lines. Ashby LLC shall
coordinate all offsite utility connections or extensions.
Provide one copy of electronic drawings and specifications of final
construction plans to the City.
Bidding:
5.1 Assist the City with bidding questions, clarifications, addenda, etc.
5.2 Assist the City in making final contractor selection.
5.3 Provide Addenda as required.
6.0 Construction Support:
6.1
6.2
6.3
6.4
6.5
Review submittals and shop drawings.
Complete on-site observations by the Design Team, on a bi-monthly
(every two weeks) basis for a total of 20 site visits. Additional site visits
per attached STK Hourly Rates. The structural, mechanical, and electrical
engineers will each provide two site visits.
Answer questions, provide clarification sketches, issue Change Orders,
approve Pay Applications, etc, throughout construction.
Prepare "punch list" of final corrections at construction completion, and
review their incorporation.
Prepare "As-Built" plans (mylar), and provide on disk as well.
Greg Butler, City of Temecula
Temecula F.S. - Exhibit "A"
9 December 2002
Page 3
The Fee reflects the following assumptions:
The Station is to be a site adaptation/reuse of the RivCo Heavy Urban 3-Bay Fire
Station (similar to Wolf Creek) to conform to the Developer's architectural
requirements.
The Fee includes complete plans and specifications as approved by the Fire
Department, all City Departments, and Ashby LLC.
The Consultants provided within this scope to include Geotechnical Engineer
(Preliminary Soils Report), Civil Engineer (site topo and on-site grading plan),
Structural, Mechanical, & Electrical Engineering, and Landscape Architect.
This Fee
Our scope of work for the site plan is to develop a design incorporating the Fire
Station, access (ingress and egress), parking, trash enclosure, fuel storage tanks,
hose drying ramp, CMU walls, etc.
Included are anticipated meetings between the Architect, Ashby LLC, Fire
Department, and all City Departments.
does not include any of the following:
A. Permit, Assessment, Development, Utility, or Processing Fees.
Geotechnical and Material Testing during construction phase.
Street design or utility extension plans.
Specialty Consultants (i.e. Deputy/Special Inspectors, Hazardous Waste,
Traffic, Archeological, etc)
Miscellaneous reimbursables such as mileage, mailing charges (UPS, etc), or
printing for Plan Check (plans & specifications). We estimate reimb ursabel to
be approximately $2,500.
Coordination with utility planners, which will be provided by Ashby LLC. STK
will provide these services on an Hourly Basis, with a Not-to-Exceed of
$15,000, if requested.
We look forward to working with you on this project. Please call if you have any questions
or require further information.
Sincerely,
STK ARCHITECTURE,
G.V. Salts, Architect
Partner
GVS/pma
cc: Peter Olah, Ashby LLC
EXHIBIT B
PAYMENT RATES AND SCHEDULE
See Attached
Updated 2/2/01
EXHIBIT "B"
FEE & PAYMENT RATE SCHEDULES
9 December 2002
Greg Butler, Sr Engineer
CITY OF TEMECULA
Public Works Department
43174 Business Park Drive
Temecula, California 92590
RE:
PROPOSAL FOR ARCHITECTURAL SERVICES FOR
3-BAY HEAVY-URBAN FIRE STATION - RORIPAUGH DEV
TEMECULA FIRE STATION
Dear Greg,
Based on Exhibit "A" Tasks to be Performed (copy enclosed), we propose a Total Fee of
$166,730.
STK's Proposal will be broken into Phase I and Phase II. The scope of work for Phase I -
Preliminary work includes the schematic and design development phases, a preliminary soils
report and a topo of the site.
The Fee would be broken down into the following phases.
Research/Base Plans/Schematics Phase
Design Development Phase
Inland Foundation Engineering (Soils Report) =
A.J. Frick, Civil Engineer (Topo) =
Total Phase I - Preliminary Work
= $ 2O,285
= $ 20,285
$ 7,130
$ 2,300
$ 50,000
Construction Documents
Bidding
Construction Support
= $ 85,270
= $ 7,865
= $ 23,595
Total Phase II $ 116,730
Contract "A" Total Fee $ 166,730
ARCHITECTURE INTERIOR DESIGN PLANNING CONSTRUCTION MANAGEMENT
2575 South San Jacinto Ave., Sm] Jacinto, California 92583-5318 Phone: 909/925 2504 Fax: 909/925-0244 E-Mai{: stk@stkinc.com
Greg Butler, City of Temecula
Temecula Fire Station - Exhibit "B"
9 December 2002
Page Two
Contract "B" - Estimate $15,000
(Hourly for coordination of all "offsite work.)
Contract "C" - Estimate $2,500
(Miscellaneous reimbursable for printing, mailing, travel, etc.)
The Fee will be invoiced monthly, based on the percentage of work completed, plus any
reimbursable expenses. Any invoices unpaid 45 days after the invoice date will bear interest
at the rate of 1% per month, or 12% per year. STKIncassumesthecontractwillbeexecuted
on a standard City of Temecula Contract, edited to suit the project specifics. Please also
note, that STK Inc carries $1,000,000 of Professional Liability coverage. (Note: STK can
provide all the insurance requirements requested.)
If Extra Services are required, and approved by the City of Temecula, the following rates
would apply:
Principal $155/Hr
Associate 110/Hr
Project Manager 90/Hr
Senior Draftsman 70/Hr
Junior Draftsman 60/Hr
Clerical 40/Hr
Consultants Cost x 1.15
Reimbursables Cost x 1.0
Reimb. Agency Fees Cost x 1.05
We look forward to the opportunity of our Team working with the City of Temecula. Should
you have any questions, or wish to discuss this Proposal, please give me a call.
Sincerely,
$ TK ARCHITECTURE, ]NC
G.V. Salts, Architect
Principal
GVS/pma
Enc's: Exhibit "A" and Consultant's Hourly Rates
cc: Peter Olah, Ashby LLC
ITEM 8
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO'
FROM:
DATE:
SUBJECT:
City ManagedCity Council
Howard Windsor, Fire Chief ~
December 17, 2002
Purchase of one (1) Fire Aerial Ladder Truck
Prepared by: Howard Windsor, Fire Chief
RECOMMENDATION:
That the City Council:
1. Approve the purchase of a 100' Tractor Drawn Aerial Fire Truck from the currently approved
vendor KME, established by the County of Riverside through a Competitive Bid Process for
$724,804.08.
DISCUSSION: Since the City of Temecula's incorporation, the Department of Forestry and
Fire Protection and Riverside County Fire Department, through a Cooperative Fire Protection
Agreement have provided the City's Fire Protection/EMS Services. Part of the integrated services
provided through the indirect service costs are replacement of certain fire protection equipment.
The current aerial truck located at Station 73 has been identified for replacement. This unit was
placed in service in 1991. The service life for a heavy truck as recognized in N FPA 1901 is 13 to 15
years, with 10 years being as a front line unit, and the last 3 to 5 years as a secondary roll or reserve
unit. The County of Riverside absorbed the cost of the current unit, and has continued to maintain
the unit to date. The personnel cost for staffing the unit are shared between the City and the County
50/50.
Since this truck primarily serves the risks and service needs of the City, the replacement of this unit
is the responsibility of the City of Temecula. Dudng 2001, County Fire department staff requested
the County of Riverside Purchasing Staff administer the request for proposal for the proposed 100'
Tractor Drawn Aerials.
To secure the best possible price an Invitation to Bid was initiated by Riverside County Fire
Department through Riverside County GSA Purchasing. The final three vendors were KME,
American La France, and Emergency One. The Bids were evaluated by County Purchasing staff for
adherence to specifications and all requirements of the RFQ. Riverside County GSA Purchasing
determined that KME Fire Apparatus met the bid standards of Riverside County Fire Department
and recommended award of the bid to KME Fire Apparatus. During the first pad of 2002, KME was
awarded the bid. The City of Moreno Valley and the Cove Communities immediately went to
purchase and expects delivery sometime in the spring of 2003.
KME has agreed to extend the bid to the City of Temecula with a small increase for emission
standards that have been placed on the diesel engine contained within the tractor. The cost of the
unit is $724,804.08.
The use of the old truck has not been determined but it is anticipated that the truck will be utilized as
a pool vehicle in a back-up roll to first line vehicles or sold in the secondary market and the capital
used to purchase a new County truck.
FISCAL IMPACT: All cost for this unit will be paid by the Roripaugh developer through monies
agreed upon within the Development Agreement.
Attached: City Purchase Agreement With KME Fire Apparatus
CITY OFTEMECULA
PURCHASE AGREEMENT
KME FIRE APPARATUS
t00'TRACTOR DRAWN FIRE AERIAL TRUCK
This Pumhase and Installation Agreement ("Agreement") is made and entered
into as of December 17, 2002 by and between the City of Temecula ("City"), a municipal
corporation, and KME Fire Apparatus ("Vendor"). In consideration of the mutual covenants
and promises contained herein, the parties agree as follows:
1. Purchase and Sale of Equipment. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to
manufacture, sell and deliver to the City a KME "Walk Around" Light Duty Rescue Vehicle body
as more particularly described in Exhibit A, Paramedic Squad Specifications, attached hereto
and incorporated herein as though set forth in full (hereafter "Equipment").
2. Purchase/Installation Price. The Purchase and Installation price which
City agrees to pay to Vendor for the Equipment, Service and Installation is Seven Hundred
Twenty Four Thousand Eight Hundred Four Dollars and Eight Cents ($724,804.08). The
Purchase price is final and shall be paid by City to Vendor within 30 days of receipt of invoice
and acceptance by the Riverside County, City of Temecula, Fire Department.
3. Scope of Work. Vendor shall manufacture and install the equipment
as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A
("Work"). Vendor shall provide and furnish all labor, materials, necessary tools, expendable
equipment and all utility and transportation services required for the Work. All of said Work to be
performed and materials to be furnished for the Work shall be in strict accordance with the
specifications set forth in the Scope of Work. The Work shall be completed within the time set
forth in the Scope of Work. Contractor shall not commence the Work until such time as directed
by the City.
4. Representations and Warranties of Vendor. Vendor makes the
following representations and warranties to City:
a. Authority and Consents. Vendor has the right, power, legal
capacity and authority to enter into and perform its obligations under this
Agreement. No approvals or consents of any persons are necessary in
connection with Vendor's execution, delivery, installation and performance of this
Agreement, except for such as have been obtained on or prior to the date hereof.
The execution, delivery, installation and performance of this Agreement by
Vendor have been duly authorized by all necessary action on the part of Vendor
and constitute the legal, valid and binding obligations of Vendor, enforceable
against Vendor in accordance with their respective terms.
b. Title and Operatinq Condition. Vendor has good and marketable
title to all of the Equipment manufactured and installed. All of the Equipment are
free and clear of any restrictions on or conditions to transfer or assignment, and
City will acquire absolute title to all of the Equipment free and clear of mortgages,
liens, pledges, charges, encumbrances, equities, claims, covenants, conditions
and restrictions except for such as may be created or granted by City. All of the
R:Winance'tPurchasing'~Agrreements. All'Y, ME.Rescue Squad Cab.2002 1
Equipment are in good operating condition, are free of any defects, and are in
conformity with the specifications, descriptions, representations and warranties
set forth in the Contract Documents. Vendor is aware the City is purchasing the
Equipment for use as Paramedic Squad body to City supplied Vehicle cab and
chassis and that City is relying on Vendor's warranties that the Equipment is fit
for this purpose and the ordinary purposes for which the Equipment is normally
used.
c. Full Disclosure. None of the representations and warranties made
by Vendor in this Agreement contain or will contain any untrue statement of a
material fact, or omits to state a material fact necessary to make the statements
made, in light of the circumstances under which they were made, not misleading.
5. Performance. Vendor shall at all times faithfully, competently and
to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Vendor hereunder in meeting its
obligations under this Agreement.
6. City Approval. All labor, materials, tools, equipment, and services
shall be furnished and work performed and completed subject to the approval of the City or its
authorized representatives, and the quality of the workmanship shall be guaranteed for one year
from date of acceptance. City shall inspect the Equipment at the time and place of delivery.
Such inspection may include reasonable tests and use of the Equipment by City. If, in the
determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR
RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City.
Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt.
7. Time of Delivery. The date and time of delivery of the Equipment
shall be approximately 360 days from receipt of Contract by the Vendor.
8. Place of Delivery. The Equipment shall be delivered to this location:
Fire Station 73, 27415 Enterprise Circle West, Temecula CA 92592
9. Reiection. In the event of such notice of non-conformity by City
pursuant to Section 6, City may, at its option, (1)reject the whole of the Equipment and
Installation, (2)accept the whole of the Equipment and Installation, or (3)accept any
commercial unit or units of the Equipment and reject the remainder or the Installation. The
exemise of any of the above options shall be "without prejudice" and with full reservation of any
rights and remedies of City attendant upon a breach. In the event of such notice and election by
City, City agrees to comply with all reasonable instructions of Vendor and, in the event that
expenses are incurred by City in following such instructions, Vendor shall indemnify City in full
for such expenses.
10. No Replacements of Cure. This Agreement calls for strict compliance.
Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself
will conform fully to the terms and conditions of the Agreement on the original tender. In the
event of rejection by City of the whole of the Equipment or any part thereof pursuant to
Section 8, City may, but is not required to, accept any substitute performance from Vendor or
engage in subsequent effods to effect a cure of the original tender by Vendor.
R:~FinancekPurchasing~Agrreernents. All~KM E, Rest ue Squad Cab.2002 2
11. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees, agents and volunteers from and against any
and all claims, demands, losses, damages, costs and liability of any kind or nature which the
City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of or
from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the
sole negligence of the City.
12. Contract Documents.
a. This Agreement includes the following documents, which are by
this reference incorporated herein and made a part hereof: (1) Paramedic Squad
Specifications, attached hereto as Exhibit A; (2) Vendor's Proposal Sheet dated
January 10, 2002, attached hereto as Exhibit B.
b. In the event any term or condition of the Contract Documents
conflicts with or is contradictory to any term or condition of the Agreement, the
terms and conditions of this Agreement are controlling.
c. In the event of a conflict in terms between this Agreement, the
RFP and/or the Vendor's response to the RFP, this Agreement shall prevail over
the RFP and the Vendor's Response to the RFP, and the RFP shall prevail over
the Vendor's Response to the RFP.
13. Default of Vendor.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event the Vendor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Vendor for any
work performed after the date of default and can terminate this Agreement immediately by
written notice to the Vendor. If such failure by the Vendor to make progress in the performance
of work hereunder arises out of causes beyond the Vendor's control, and without fault or
negligence of the Vendor, it shall not be considered a default.
b. If the City Manager or his delegate determines the Vendor is in default in
the performance of any of the terms or conditions of this Agreement, it shall service the Vendor
with written notice of the default. The Vendor shall have ten (10) days after service upon it of
said notice in which to cure the default by rendering a satisfactory performance. In the event the
Vendor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
fudher notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
14. Liability Insurance. Consultant shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work hereunder by the
Consultant, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
-3-
P:~AGREEM ENTS~EQ U IPM ENTAND INSTALLATION01
(2)
Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 (any auto).
(3)
Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
(4) Errors and omissions liability insurance appropriate to the
consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2)
Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3)
Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned,
occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations on the scope of protection afforded
to the City, its officers, officials, employees or volunteers.
(2)
For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance or
self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
-4-
PSAGREEMENTSkEQUIPMENTAND INSTALLATION01
(3)
Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
(4)
The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(5)
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications.
15. Survival of Representations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive
the execution, delivery, installation and performance of this Agreement.
16. Le,qal Responsibilities. The Vendor shall keep itself informed of
State and Federal laws and regulations which in any manner affect those employed by it or in
any way affect the performance of its service pursuant to this Agreement. The Vendor shall at
all times observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply
with this section.
17. Prohibited Interest. No officer, or employee of the City of Temecula
shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's
sub-contractors on this project. Contractor further agrees to notify the City in the event any such
interest is discovered whether or not such interest is prohibited by law or this Agreement.
18. Independent Contractor. Vendor is and shall at all times remain as to
the City a wholly independent contractor. The personnel performing the services under this
Agreement on behalf of the Vendor shall at all times be under the Vendor's exclusive direction
and control. Neither the City nor any of its officers, employees, agents or volunteers shall have
control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or
volunteers except as set forth in this Agreement. Vendor shall not at any time or in any manner
-5-
P:kAG REEM ENTS\EQU IPM ENTAND INSTALLATION01
represent that it or any of its officers, employees or agents are in any manner, officers,
employees or agents of the City of Temecula. Vendor shall not incur or have the power to incur
any debt, obligation or liability whatever against the City, or bind the City in any manner.
19 Assiqnment. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of
the City.
20. Notices. Any notices which either party may desire to give to the
other party under this Agreement must be in writing and may be given either by (i) personal
service, (ii) delivery by a reputable document delivery service, such as but not limited to,
Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the
United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later designate
by Notice:
To Vendor at:
To City at:
KME Fire Apparatus
Attn: Edward G. Shabre
5400 E. Jurupa Street
Ontario, CA 91761
City of Temecula
43200 Business Park Drive
Temecula, California 92589
Attn: City Manager
-6-
P:L~G REEM ENTS~EQU IPM ENTA ND INSTALLATION01
2'1. GoverninR Law. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior or federal district court
with jurisdiction over the City of Temecula.
22. Entire Aqreement. This Agreement contains the entire understanding
between the parties relating to the obligations of the parties described in this Agreement. All
prior or contemporaneous agreements, understandings, representations and statements, oral or
written, are merged into this Agreement based solely upon the representations set forth herein
and upon each party's own independent investigation of any and all facts such party deems
material.
23. Authority To Execute This Aqreement. The person or persons
executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind
Vendor to the performance of its obligations hereunder.
-7-
P:L~,G REEM ENTSYEQ U IPM ENTAND INSTALLATIONO1
IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on
the day and year first above written.
CITY OFTEMECULA
Ron Roberts, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Vendor
KME Fire Apparatus
Attn: Edward G. Shabro
5400 E. Jurupa Street
Ontario, CA 91761
(909) 937-3326
By:
Title:
By:
Title:
Two Signatures Required for Corporations
-8-
P:'~AGREEM ENTS~EQU[PM ENTAND INSTALLATIONO 1
EXHIBIT A
100' Tractor Drawn Fire Aerial Truck
All work is to be in accordance with the attached specifications attached hereto and
incorporated herein.
-9-
P:LAGREEMENTS\EQUIPMENTAND INSTALLATION01
12--11--02;l~:2~PM;KOVATCH ;937 3326 ~ 2/ 2
FIRE APPARATUS
5400 East Jurupa Street
Ontario, CA 91761
(909) 937-3326 Phone
(800) 328-1033 Toll Free
(909) 937-3945 Fax
www.kovatch.com URL
December 10, 2002
Temecula Fire Department
30650 Paba Rd.
Temecula CA 92592
B.C. Howard Windsor
Dear Chief Windsor,
Per the letter dated November 22, 2002 KME Fire Apparatus is pleased to offer the
opportunity to extend thc purchase options for The County of Riverside quotation g97755. This
was the quotation that was originally proposed to the county on 1/3/02.
KME Fire Apparatus will provide a 100' Tractor Drawn Aerial per the County of
Riverside specification.
The unit will be powered by a Caterpillar C-12 engine.
An Allison EVS upgraded transmission will he provided.
Delivery of unit will be 360 days after issuance of P.O.
Price includes three (3) trips for two (2) personnel to the facto~j and includes
delivery F.O.B. City of Temecula.
Price is effective through December 31, 2002. Any orders placed after that date
could be subject to a price increase.
Price of unit (less tax) = $672,672.00
Sales tax (~ 7.75% = $. 52,132.08
Total unit price with tax = $724,804.08
IfI can be of any further assistance to you or your staffplease do not hesitate to call me
anytime at 1-800-328-1033. Thank you for the opportunity to serve the City of Ternecuh.
Jeffrey S. Kahler
KME Fire Apparatus
General Manager
ITEM 9
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC~
CITY MANAGER ~.~) '
CITY OF TEMECULA
AGENDA REPORT
City Manager/Cit~ Council
Gary Thornhill, ~pu~ty Manager
December 17, 2002
PA94-0073 (Annexation) - Adoption of Resolution Waiving the Conducting Authority
Proceedings for a 640-acre Portion of the Roripaugh Ranch Specific Plan Area as
Proposed by Ashby USA, LLC
PREPARED BY:
Saied Naaseh, Senior Planner
RECOMMENDATION: It is recommended that the City Council:
1. ADOPT a resolution entitled:
RESOLUTION NO. 2002-._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA WAIVING CONDUCTING AUTHORITY
PROCEEDINGS TO REORGANIZE THE JURISDICTIONAL
BOUNDARIES OF CERTAIN UNINHABITED TERRITORY
DESCRIBED AS A 640 ACRE PORTION THE RORIPAUGH
RANCH SPECIFIC PLAN AREA TO INCLUDE THIS AREA WITHIN
THE CORPORATE BOUNDARIES OF THE CITY OF TEMECULA
AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND
TO DETACH SAID TERRITORY FROM CSA 143 AND THE
RIVERSIDE COUNTY WASTE MANAGEMENT DISTRICT
(PLANNING APPLICATION NO. PA94-0075, RORIPAUGH RANCH
SPECIFIC PLAN)
BACKGROUND
On November 26, 2002, the City Council approved the Roripaugh Ranch project. A portion of this
property is located outside the City Limits. The adoption of this Resolution is one of the
requirements of Local Agency Formation Commission (LAFCO) to complete the annexation
proceedings by LAFCO. After the adoption of this resolution, LAFCO will conduct a public hearing
to take action on the annexation.
R:~ANNEXATION\Roripaugh\CC repor112-17-02 reso for Waiving Conducting Authority,doc
1
ENVIRONMENTAL DETERMINATION
The Final Environmental Impact Report that was certified by the City Council on November 26, 2002
considered the environmental impacts of this project. A Mitigation Monitoring Program, Findings,
and Statement of Overriding Considerations were adopted which also apply to this project.
FISCAL IMPACT
The fiscal impact associated with the annexation of the 640-acre area of the Roripaugh Specific
Plan has been addressed with the Fiscal Impact Report prepared by the Stanley Hoffman and
Associates. This report concludes that at build-out of the annexation area, the net fiscal impact on
the City's budget will be slightly positive.
Attachments:
City Council Resolution No. 2002- - Page 3
Exhibit A - Legal Description of the Annexation Area
R:~ANNEXATiON\Roripaugh\CC report 12-17-02 reso for Waiving Conducting Authority.doc
2
A'I-I'ACHMENT NO. 1
RESOLUTION NO. 2002-
R:~ANNEXATION\Roripaugh\CC report 12-17-02 reso for Waiving Conducting Authority,doc
3
ATFACHMENT NO. I
RESOLUTION NO. 02-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA WAIVING CONDUCTING AUTHORITY
PROCEEDINGS TO REORGANIZE THE JURISDICTIONAL
BOUNDARIES OF CERTAIN UNINHABITED TERRITORY
DESCRIBED AS A 640 ACRE PORTION THE RORIPAUGH
RANCH SPECIFIC PLAN AREA TO iNCLUDE THIS AREA WITHIN
THE CORPORATE BOUNDARIES OF THE CITY OF TEMECULA
AND THE TEMECULA COMMUNITY SERVICES DISTRICT AND
TO DETACH SAID TERRITORY FROM CSA 143 AND THE
RIVERSIDE COUNTY WASTE MANAGEMENT DISTRICT
(PLANNING APPLICATION NO. PA94-0075, RORIPAUGH RANCH
SPECIFIC PLAN)
WHEREAS, the proposed annexation territory is uninhabited within the meaning of California
Government Code section 56046; and
WHEREAS, California Government Code provides for a waiver of conducting authority
proceedings provided that, inter alia, "...all affected local agencies that will gain territory as a result
of the change of organization or reorganization have consented in writing to a waiver of conducting
authority proceedings;" and
WHEREAS, the owners of the affected property wish to make application to the Riverside
County Local Formation Commission ("LAFCO") for the annexation of certain parcels of
unincorporated territory as shown on Exhibit A which is attached hereto; and
WHEREAS, said area is entirely within the City of Temecula's Sphere of Influence and is
contiguous to the existing City boundary; and
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted a
General Plan for the City of Temecula and whereas the analysis within the General Plan includes
said areas; and
WHEREAS, the City Council considered Planning Application No. PA94-0075 and other
related application, Roripaugh Ranch Project, on November 26, 2002, at a duly noticed public
hearing as prescribed by law, the Council approved Planning Application No. PA94-0075 and all
related applications; and
WHEREAS, it is the desire of the City Council to request waiving Conducting Authority
proceedings to reorganize the jurisdictional boundaries for the City of Temecula and within the
Temecula Community Services District and to detach said territory from County Service Area 143
and County Service Area and the Riverside County Waste Management District pursuant to Part 3
of Division 3 of Title 5 of the California Government Code; and
WHEREAS, notice of the proposed adoption of this Resolution was posted at City Hall, the
County Library - Rancho California Branch, the Temecula Community Center, and the Temecula
Valley Chamber of Commerce, was published in the Califomian; and
R:~ANNEXATION\Roripaugh\CC report 12-17-02 reso for Waiving Conducting Authority.doc
4
NOW, THEREFORE, THE CITY OF TEMECULA CITY COUNCIL DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1.
by reference.
That the above recitations are true and correct and are hereby incorporated
Section 2. That the City Council, pursuant to Government Code section 56837(c)(3),
does hereby consent to a waiver of conducting authority proceedings for the purpose of expediting
the reorganization of the jurisdictional boundaries of certain inhabited territory described in Exhibit
"A", attached hereto and by this reference incorporated herein, and known as Roripaugh Ranch
Specific Plan area, to include said territory within the corporate boundaries of the City of Temecula
and within the Temecula Community Services District and to detach said territory from County
Service Area 143 and from the Riverside County Waste Management District.
Section 3. Findinqs. That the City Council, in adopting a Resolution requesting the
commencement of proceedings to reorganize the jurisdictional boundaries of the territory herein
referred to as a portion of the Roripaugh Ranch Specific Plan Area to include said territory within the
corporate boundaries of the City of Temecula and within the Temecula Community Services District;
and the detachment of said territory from County Service Areas (CSA) 143 and the Riverside County
Waste Management District (approving Planning Application No. PA94-0073) hereby makes the
following findings:
1. The proposed annexation area is entirely within the City of Temecula's Sphere of
Influence and is contiguous to the City's corporate boundary. The area is substantially surrounded
by the City's existing corporate boundary.
2. The territory within the proposed annexation area is within a developing area which
will continue to develop. The proposed annexation area is not prime agricultural land (as defined by
Section 56064 of the Government Code), and is designated for urban growth by the City of
Temecula's General Plan.
3. The project is consistent with the City's General Plan.
4. The project is consistent with the goals, policies, and implementation programs
contained in the General Plan.
5. The Final Environmental Impact Report that was certified by the City Council on
November 26, 2002 considered the environmental impacts of this project. A Mitigation Monitoring
Program, Findings, and Statement of Overriding Considerations were adopted which also apply to
this project.
6. The project is being proposed on behalf of Ashby USA, LLC who controls the interest
for the entire subject territory in order that the City may provide community services to the residents
of said territory in a more responsive and efficient manner.
7. The project will have a negligible fiscal impact on the City budget.
8. Said findings are supported by the Staff Report analysis, maps, exhibits, and the
attachments associated with this application and herein incorporated by reference.
R:~ANNEXATION~Roripaugh\CC report 12-17-02 reso for Waiving Conducting Authority,doc
5
Section4. Environmental Compliance. The Final Environmental Impact Report that was
certified by the City Council on November 26, 2002 considered the environmental impacts of this
project. A Mitigation Monitoring Program, Findings, and Statement of Overriding Considerations
were adopted which also apply to this project.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this
__ day of _, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution
No. 2002- was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof held on the day of ., 2002, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:~ANNEXATION~Rodpaugh\CC report 12-17-02 reso for Waiving Conducting Authority.doc
6
EXHIBIT A
LEGAL DESCRIPTION OF THE ANNEXATION AREA
R:~ANNEXATION\Roripaugh\CC repor~ 12-17-02 reso for Waiving Conducting Authority.doc
7
6-15-201 11:49AM FROM TKC PLANNING DEPT. ~@ 653 221~
E~IT "A"
REORGANIZATION TO INCLUDE CONC~ ANNEXA~ON #
TO THE CITY OF TEMECULA, & THE TEMECULA COMMUNITY SERVICES DISTRICT
(subsidiary) & SPHERE OF INFLUENCE AMENDMENT (removal) TO VALLEY WIDE
RECREA'FION AND PARKS DISTRICT & CONCURRENT DETACHMENTS FROM
VALLEY WIDE RECREATIONAND PARKS DISTRICT & THE RIVERSIDE COUNTY
WASTE RESOURCES MANAGE~T DISTRICT & COUNTY SERVICE AREA
152-NPDES
LAFCO 99-XX-3
S~ion 21, Township 7 South, Range 2 Were, San Bemardino Meridian, in the County of
RIverside, State of California, according to the official plat of said l~nd filed in the District Land
Office, described as follows:
Beginning at ~e northwest comer of Said Section 21;
thence along the north line of said S~ion, North gg°29'37" East, 5296.39 feet to thc northeast
comer of said Section;
thence along the east line of said Section, Soudi 0°59'15" West, 2664.97 feet to the East quarter
comer of said Section;
thence continuing along said east line, South 00°21'34" West, 2636.07 feet to the southeast
comer of said Section;
thence along tho south line of said Section, North 89°39'I 3" West, 5282.88 feet to the southwest
~comer of said Section and the easterly line of the b~xi~ting CRy of Teme~la boulldary ~
des~ibed in a document recorded December 9, 1994 az insuaunent No. 461244 of Official
Records in the office of the County Recorder of said county;
thence along the west line of said Section and the east line of said City of Temecuia Boundary,
North 0°33'47'' Bast, $$09.$5 feet to the southeast comer of thc North one.half of the Noah
one-half of Section 20, Township 7 South, Range 2 West, San Bemardino Meridian;
thence continuing along said west and east line, North 0°34'31" East, 1319.80 feet to the Point of
Beginning.
Area contains appro×imaely 791 acres.
DAVID EVANS AND ASSOCIATES, INC.
Clifford A~. ~;imenlal, P.L.S. Date
L.S. No. ~022 Expires: 12-31-2001
6-1S-201 11:~AM MOM _TKO PLANNING DEPT. ~9 6S3 2214
EXHIBIT "A "
P.O.B.
...... ~-~"-""~"-- N 88°29'37'' E
~ SE CORER OF ~t N 112
OF THE N ~ OF SECTION 20,
[ ~ 8EDTIDN 21~ ~.70,p R, 2~,
N89o 39,1,,,7,,i~1
5296.59'
5282.88'
CORNER ~ECTION 2& ~
TXS, R21/¢, SBM ~
CITY OF TEMECULA
LAFCO 99-XX-5
REORGANIZATION TO INCLUDE CONCURRENT ANNEXATION ' TO THE CITY OF T~CULA,
& THE TEMECULA COMMUNITY SERVICES DISTRICT (Subs/diary) & SPHERE 01~/NFULENCE
AMENDMENT IremovoD TO VALLE)' WIDE RECREATION AND PARKS DISTRICT & CONCURRENT
D~TACHMENTS FROM VALLEY HEDE RECREATION AND PARK.; DISTRICT & THE RIVERSIDE
COUNTY WASTE RE'SOURSES MANAGEMENT DISTRICT & COUNTY SERVICE At,SA 152-NPDES
~CALE:
DATE:
TLK
JOB NO.;
ITEM 10
ORDINANCE NO. 02-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, APPROVING PLANNING APPLICATION NO. 94-
0075 (DEVELOPMENT CODE AMENDMENT) AMENDING
SECTION 17.16.070 TO INCLUDE RORIPAUGH RANCH
SPECIFIC PLAN NO. 11, ADOPTING THE DEVELOPMENT
AND ZONING STANDARDS, AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF TEMECULA, AND PRE-
ZONING THE VALLEY NEIGHBORHOOD AS SPECIFIC PLAN
ON PARCELS TOTALING APPROXIMATELY 804.7 ACRES
LOCATED NEAR THE FUTURE INTERSECTION OF
BUTFERFIELD STAGE ROAD AND NICOLAS ROAD, AND
FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 957-
130-001 AND 002, 957-340-001, 003, 007, 008, AND 958-260-
001 AND 002.
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. Add the following to the end of the list contained in Section 17.16.070 of
the Temecula Municipal Code:
"SP-11 Roripaugh Ranch
SP-13 Harveston"
Section 2. The City Council for the City of Temecula hereby adopts Chapter 5 of the
Roripaugh Ranch Specific Plan, Development Standards as an un-codified ordinance, Exhibit A.
Section 3. The City Council for the City of Temecula hereby amend the Official
Zoning Map of the City of Temecula to the Designate the project site as the Roripaugh Ranch
Specific Plan, Exhibit B.
Section 4. The City Council for the City of Temecula hereby pre-zones the Valley
Neighborhood as Specific Plan, Exhibit C.
Section 5. Notice of Adoption. Within 10 days after the adoption hereof, the City
Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be
posted in at least three public places in the City.
Section 6. Environmental Compliance. The City Council of the City of Temecula
hereby finds that the Final Environmental Impact Report (FEIR) and mitigation monitoring
reporting program is consistent with the California Environmental Quality Act (CEQA) and that it
accurately addresses the impacts associated with the adoption of these Ordinances
implementing the Roripaugh Ranch Specific Plan.
Section 7. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
R:/Ords 2002/Ords 02-13
Section 8. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
Section 9. Effective Date. This Ordinance shall be in futl force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
Section 10. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
Section 11. PASSED, APPROVED, AND ADOPTED, by the City Council of the City
of Temecula this day of 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 02-13 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26~h day of November, 2002, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the __ day of ., 2002 by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Ords 2002/Ords 02-13
EXHIBIT A
FOR ATI'ACHMENT $
PROPOSED ZONING MAP
CHAPTER 5 OF THE RORIPAUGH RANCH SPECIFIC PLAN
DEVELOPMENT STANDARDS
R:~S P~Rofipaugh Raach SP'~ncvACC~Resos and ord CC l.doc
67
SPECIFIC PLAN ZONING ORDINANCE
5.1
PURPOSE ANDINTENT
The zoning for the Specific Plan area is Specific Plan Overlay. This section of the Specific Plan
establishes zoning districts and land use regulations and standards that will control land use and
development in the land uses identified for the Specific Plan area. These regulations amend and
supersede the regulations of the Temecula Development Code. Where standards and regulations
are not specified in this Specific Plan, the requirements of the Temecula Development Code shall
provide the regulatory authority. This section also identifies the procedures to be used to review site
plans for development projects proposed within the Specific Plan area. Special standards for
residential development are also included here. The Site Planning and Amhitectural Design
Guidelines in Section 4.0 are intended to be used in conjunction with the zoning and development
standards stated here.
The following standards will serve as the primary mechanism for implementation of the land uses for
the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibility to
anticipate future needs and to achieve compatibility between land uses. Principal land uses for the
Specific Plan shall be as follows:
Residential Land Uses:
· Low Density (L) Single-Family Detached: (PA 10, 19, 20, 21,33A and 33B)
· Low Medium (LM) Density Single-Family Detached: (PA 1A-4B, 16 - 18)
· Medium (M1) Density Single-Family Detached: (PA 23 and 24)
· Medium (M2) Density Single-Family Detached and Attached clustered: (PA 12, 14, 15, 22
and 31)
2. Commemiah
· Neighborhood Commercial: (PA 11)
Parks and Open Space:
· Private Recreation Centers (PA 5, 30)
· Private Mini-Park (PA lB)
· Parks (PA 6, 27)
· Open Space
· Habitat (OS1): (PA 8, 9A, 9B, and 13)
· Flood control (OS2): (PA 7B, 7C, 25, 26, and portions of 14 and 27)
· Landscape Slope (OS3); (PA 7A and portion of 6)
4. Elementary and Middle School: (PA: 28 and 29)
5. Fire Station: (PA 32)
Rorlpauflh Ranch Specific Plan 5-1
C:~DOCUMENTS AND SETTINGS'u%IAASEHS~LOCAL SE'rTINGS\TEMP~SPSECTSCCDOCUMENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.2
GENERALPROVISIONS
This section of the development regulations states the general rules that must be observed by all
development projects in order to protect the public health, safety and welfare. These regulations
apply to all planning areas within the Rorlpaugh Ranch Specific Plan, unless otherwise specified.
1. Roripaugh Ranch Site Planning and Architectural Design Guidelines
All development within the Roripaugh Ranch Specific Plan area is subject to the policy
provisions of the Site Planning (Section 4.0) and Architectural Design Guidelines (Section 4.0)
adopted by ordinance of the Temecula City Council. The Design Guidelines in conjunction with
the development standards contained in this Specific Plan and those of the Temecula
Development Code shall regulate development within the Specific Plan area. The Design
Guidelines will be administered through the City of Temecula Planning Department. All
development within the Roripaugh Ranch Specific Plan area shall be subject to the Development
Standards in this section of the Specific Plan.
2. Code Compliance
All construction and development within the Roripaugh Ranch Specific Plan area shall comply
with applicable provisions of the Specific Plan, the Uniforrn Building Code and the various
related mechanical, electrical, plumbing and fire codes, water ordinance, grading and excavation
codes and subdivision codes, in effect in the City of Temecula at the time grading/building
permits are obtained.
3. Setback Requirements
The setback requirements are as specified within the standards identified in the plan for each
zoning district. If not otherwise specified, all setbacks shall be determined as the perpendicular
distance from the existing or planned street right-of-way line or property line, to the foundation
point of the closest structure.
4. Exceptions
If specific development standards have not been established or if an issue, condition or situation
arises or occurs that is not clearly understandable in the Specific Plan, then those regulations
and standards of the City of Temecula Development Code that are applicable for the most
similar use, condition or situation shall apply as determined by the Community Development
Director.
5. En~mement
Enfomement of the provisions herein shall be in the manner specified in the Temecula Municipal
Code for zoning enforcement.
6. Unspecified Uses
Whenever a use has not specifically been listed as being a permitted use in a particular zone
classification within the Specific Plan, it shall be the duty of the Planning Director to determine if
said use is: (1) consistent with the intent of the zone; and (2) compatible with other listed
permitted uses. Any person aggrieved by the decision may appeal to the Planning Commission.
Rodpau~h Ranch Specific Plan 5-2
C:~DOCUMENTS AND S ETTINGS~IAAS E HS~.OCAL SETTINGS\TEMP~SPSECTSCCDOCUMENT,DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3
RESIDENTIAL DEVELOPMENT STANDARDS
The Roripaugh Ranch Specific Plan provides a mix of diverse housing products, including five
different housing types that fall within three of the City's General Plan residential designations:
Temecula General Plan
Specific Plan Deslt:lnatlon Residential Deslanatlon
L (20,000 sq. ft.)
Single-Family (1-2 du/ac)
LM (5,000 and 6,000)
Single-Family (2-5 du/ac)
(Min. 5,000 sf lot size)
M1 and M2 (4,000 and NA)
Single-Family (7-12 du/ac)
Min. (standard) 4,000 sf lot size
Min. (clustered) 3,000 sf lot size for detached
Low Density Residential
Single-Family (.5-2 du/ac)
Low Medium Density Residential
Single-Family (3-6 du/ac)
Medium Density Residential
Single-Family (7-12 du/ac)
Rodpaugh Ranch S~31flc Plan 5-3
C:'~DOCUMENTS AND SETTINGS~IAASEHS~OCAL SETTINGS\TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS
LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. 10, 19, 20, 21, 33A AND 33B
The Low Density Residential (L) zoning district is intended to provide for the development of single-
family detached homes on large lots with a unique character of development. Typical lot sizes in the L
zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior
perimeter of Planning Areas 19, 20, 21, and 33A. Private equestrian use will only be allowed on lots
one acre or larger adjacent to the multi-use trail in Planning Areas 19, 20, 21. Planning Area 33B
shall not be developed as a part of Roripaugh Ranch. This planning area shall eventually be
combined with the adjacent residential areas to the north.
LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS. lA, 2, 3, 4A, 4B, 16, 17 and 18
The Low Medium (LM) zoning district is intended to provide for the development of single-family
homes on lots of 5,000 square feet to 6,000 square feet. Planning Areas 1,2, 3, 4A, 4B, and 16 shall
have a minimum lot size of 5,000 sq. ft. Planning Areas 17 and 18 shall have a minimum lot size of
6,000 sq. ft.
MEDIUM DENSITY - STANDARD (M1) - PLANNING AREAS NOS. 23 AND 24
The Medium (M) zoning district is intended to provide for the development of single-family homes on
lots 4,000 minimum square feet.
MEDIUM DENSITY - CLUSTERED (M2) - PLANNING AREAS NOS. 12, 14, 15, 22 AND 31
The Medium (M) zoning district is intended to provide for the development of clustered single-family
development on minimum lot sizes of 3,000 sq. ft.
Roripaugh Ranch Specific Plan 5-4
C:~DOCUMENTS AND S ETTINGS'~IAAS EHS~LOCAL SETTINGS\TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in one or moro of the residential zoning
districts as indicated in the columns corresponding to each residential zoning district, Where indicated
with a letter "P', the use shall be a permitted use. Where indicated with a "-", the use is prohibited
within the zone. Where indicated with a letter "C', the use shall be conditionally permitted subject to
approval of a conditional use permit.
Table 5,1
Schedule of Permitted Uses - Residential Districts
Single-family detached p p p
Single-family attached p
Single-family zero lot line p p
Single-family attached greater than two units
Multiple family
Manufactured homes p p p p
Mobilehome perk
Facilities for the mentally disordered, handicapped, or dependent or P P P P
neglected children (six or fewer)
Facilities for the mentally disordered, handicapped, or dependent or
neglected children (seven to twelve)
Alcoholism or drug abuse recovery or treatment facility (six or fewer) P P P P
Alcoholism or drug abuse recovery or treatment facility (seven or more)
Residential care facilities for the elderly (six or fewer) P P P p
Residential care facilities for the elderly (seven or more)
Congregate care residential facilities for the elderly
Boarding, rooming and lodging fscilitles
Secondary dwelling units as defined by City Development Code P P
Granny Flat p p
Family day care homes-small (four or fewer) P p p p
Family day care homes-large~ C C
Day care centers C C
Bed and breakfasl establishments
Emergency shelters
Transitional housing
Nonresidential
Rodpaul;h Ranch Specific Plan 5-5
C:~DOCUMENTS AND SETTINGS~IAASEHS~LOCAL SETTINGS\TEMP~SPSECTSCCDOCUMENT, DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Agricultural/open space uses
Religious institutionss C C C C
Utility facilities C C C C
Educational institutions
Public libraries
Public museums and art galleries (not for profit)
Kennels and catteries
Non commercial keeping of horses P4
Temporary real estate tract offices P P P P
Recreational Vehicle Storage Yards
Parking for commemlal uses
Nonprofit clubs and lodge halls
Convalescent facilities
Golf Courses
Home occupations P p p p
Construction Trailers3 P P p p
1. A CUP processed for large family day cam homes is subject to Health and Safety Code Section 1597.46(e)(3). In
accordance therewith, nogce of the application being filed shall be mailed to surrounding properly ownem within one
hundred feet only and the notice shall indicate that un,ess a request for a hearing Is made by such surrounding property
owner or other "affected person', the CUP wil~ Issue within twenty days of the notice. If a hearing is requested, the
planning department shal~ schedule such hearing within thln'y days of the request and the hearing shall be hald within
thirty days of being scheduled.
2. Allowed only within a single-family residence.
3. The Planning Director shall have the discretion to waive submittal of an Administrative Development Plan ff it is
determined that the construction trailer will not have an adveme impact on adjacent residences or businesses.
4. The keeping of homes shall only be permitted in Planning Areas 19, 20 and 21 on lots abuffing the multi-use trail. No
more than two (2) homes and one (1) offspring up to six (6) months of age may be kept on each one acre lot. All homes
shall be kept in a stall/coral (12' x 12' for each home) Iocaf~:l a minimum distance of fifty (50) feet from neighboring
dwellings, ten (10) feet from the main dwelling on the lot and ten (10) feet from the side or rear properly line.
5. Religious institutions shall not be permitted in Planning Areas 1 A, 2, 3, 4A and 4B
Roitpaugh Ranch Specific Plan 5-6
C:~DOCUMENTS AND SETTINGb-~NAASEHS~OCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.3 DEVELOPMENT STANDARDS
In the Low (L), Low Medium (LM) and Medium (M) Zones are as follows:
Table 5-2
Development Standards - Residential Dlatrlcta
Residential Development L LM LM M1 M2
Standards 20,000 5,000 6,000 4,000
(Minimum Lot Size in Feet)
Planning Area 10, 19, 20, lA, 2, 3, 17 end 18 23 and 24 12, 14, 15, 22
21, 33A 4A, 4B and 31
and 33B and 16
Minimum gross lot area 20,000 5,000 6,000 4,000 3,000
(square feet) 1 acre*
-* Lots in PA 19, 20end
21 that abut eastem and
southem property
boundary shall be a
minimum of 1 acre.
Thirty (30) foot fuel
modification zone shall not
be included in lot area.
Dwelling units per net acre 1.2 du/ac 5.2 du/ac 4.0 du/ac 6.1 du/ac 10.1 du/ac
Minimum lot frontage at 30 ft. 25 ft. 25 ft. 25 ft. NA
front property line
Minimum lot frontage for a 25 ft. 20 ft. 20 ft. 20 ft. NA
flag lot at front property line
Minimum width at required 50 ft. 40 ft. 40 ft. 40 ft. NA
front yard setback area
Minimum lot width 60 ft.* 40 ft. 40 ft. 40 ft. 40 ft.
* For both 20,000 sq. ft. lots
and 1 acre lots shall be
substantially the same.
Minimum lot depth 90 ft. 80 ft. 80 ft. 80 ft. NA
Minimum front yard setback 25 ft. 10 ft 10 ft. 10 ft. 10 ft.
- Front entry garages 18 ft. 18 ft. 18 ff. 18 ft. 18 ft.
- Side entry garages 10 ft. 10 ft. 10 ft. 10 ft. 10 ff.
- Lots abutting Murrieta
Hot Spdngs between
Pourmy Rd. and the MWD
easement may be reduced
by three (3) feet.
Minimum comer side yard 15 ft. 10 ft. 10 fl. 10 fl. 10 ft.
setback
Setbacks for lots abutting
Murrieta Hot Springs
between Pourroy Rd. and
the IvlVVD easement may be
reduced by three (3) feet.
*Minimum interior side yard 10 ft. 5 ft. 5 ft. 5 ft. 5 ft.
setback
Roripaugh Ranch Specific Plan 5-7
C:~DOCUMENTS AND SETTING S~IAAS EHS~OCAL SETTINGS\TEMI~SPSECTSCCDOCUMENT. DOC November, 2002
SPECIFIC PI. AN ZONING ORDINANCE
Table 5-2
Development Standards - Residential Districts
Residential Development L LM LM M (Standard) M
Standards 20,000 5,000 6,000 4,000 (Clustered}
(Minimum Lot Size In Feet}
Minimum rear yard selback 20 ft. 20 ft. 20 ft. 15 ft. 15 ft.
- Setbacks for lots abutting 25 fi.
Planning Area 7A along the
southern property line shall
have a 25' minimum rear
yard setback.
- Lots abutting
Multi-use trail in 50 ft.
PA 19, 20 and 21.
- Setbacks for lots abutting
Murrieta Hot Springs
between Pourroy Rd. and
the MWD easement may be
reduced by staff by three (3)
feet.
Planning Area 10, 19, 20, 1, 2, 3, 17 and 18 23 and 24 12, 14, 15, 22
21, 33A 4A, 4B and 31
and 33B and 16
Maximum height 2 2 stories, 2 2 2 ½ 2 ~ 2 V2
35 feet stories, 35 stories, 35 stories, 35 stories, 35
feet feet feet feet
MaXimum pementage of lot 50% 60% 60% 60% 60%
coverage
Minimum Garage Size 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20'
(interior space)
* Fireplaces may project not more than two (2) feet into the side yard setback provided the width of the fireplace does not
exceed eight (8) feet in width.
Rodpaugh Ranch Sp~flc Plan 5-8
C:~DOCUMENTS AND S ETTIN G S~IAAS EH $%OCAL SETTING S~TEM F~S PSECT5C, C:DOC U M ENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.4
5.4.1
NEIGHBORHOOD COMMERCIAL (PLANNING AREA 11)
DESCRIPTION OF NEIGHBORHOOD COMMERCIAL
Neighborhood Commemlal (Planning Area No. 11), will Include a variety of different types of land uses. Uses
within this planning area include smaller-scale business activities which generally provide retail and/or
convenience services for residents within Rodpaugh Ranch. The following are site planning guidelines relating
to Planning Area No. 11.
5.4.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in the neighborhood commemlal zoning district.
Where indicated with a letter "P", the use shall be a permitted use. Where indicated with a ?, the use is
prohibited within the zone. Where indicated with a letter "C", the use shall be conditionally permitted subject to
approval of a conditional use permit.
Table 5-3
Schedule of Permitted Uses - Neighborhood Commercial Center (PA-11)
Description of Uae I NC
A
Adult business subject to Chapter 5.08 of the Temecula Municipal Code
Aerobics/dance/gymnastics4jazzercise/madial arts studios (less than 5,000 sq. ft. P
Aerobics/dance/gymnastics/jazzercise/martial arts studios (greater than 5,000 sq. ft. P
Alcoholism or drag treatment facilities
Alcohol and drag treatment (outpatient)
Alcoholic beverage sales C
Ambulance sewicos
Animal hospital/shelter
Antique restoration
Antique sales (Less than 5,000 sq. ft.) P
Apparel and accessory shops P
Appliance sales and repaim (household and small appliances) P
Amades (pinball and video games)
Art supply stores P
Auction houses
Auditoriums and conference facilities C
Automobile dealers (new and used)
Automobile sales (brokerage)- showroom only (new and used)-no outdoor display
Automobile repair services
Automobile rental
Roripaugh Ranch Specific Plan 5-9
C.~DOCUMENTS AND S ETTIN G S~",IAAS E HS%OCAL SETI'INGS~TEMF~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Automobile painting and body shop
Automobile service stations with alcoholic sales
Automotive service stations (not selling beer and/or wine) with or without an automated P
car wash
Automobile parts-sales C
Automobile 011 change/lube services with no major repair C
B
Bakery goods distribution
Bakery retail P
Bakery Wholesale
Banks and financial institutions P
Barber and beauty shops P
Bed and breakfast
Bicycle (sales, rentals, services) P
Billiard parior/poolhall
Binding of books and similar publications
Blood bank P
Blueprint and duplicating and copy services P
Bookstores P
Building materials sales (with the extedor storege/sales areas greater than 50 percent
of total sales area)
Building materials sales (with the exterior storage/sales areas greater than 50 percent
of total sales area)
Butcher shop P
C
Cabinet shop
Cabinet shops under 20,000 sq. ft.- no outdoor storage
Camera shop (sales/minor repairs) P
Candy/confectionery sales P
Car wash, full service/self service
Carpet and mg cleaning
Catering sen/ices P
Clothing sales P
Coins, purchase and sales P
Rorlpaugh Ranch Specific Plan 5-10
C:~DOCUMENTS AND S E-I'TIN G S'u%IAAS EH S~OCAL S ETTINGS~TEMP~SPSECT5CCDOCU MENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Communications and microwave installations '
Communications equipment sales~ C
Community care facilities C
Computer sales and services P
Congregate care housing for the elderly 2 C
Construction equipment sales, services or rental
Contractor's equipment, sales, service or rental
Convenience market
Costume rentals P
Crematoriums
Cutlery P
D
Data processing equipment and systems
Day care centers P
Delicatessen P
Discount/department store P
Distribution facility
Drug store/pharmacy P
Dry cleanem P
Dry cleaning plant
E
Emergency shelter
Equipment sales and rentals (no outdoor stprege) P
Equipment sales and rentals (outdoor storage)
F
Feed and grain sales
Financial, insurance, real estate offices P
Fire and police stations P
Floor covering sales P
Florist shop P
Food processing
Fortunetelling, spiritualism, or similar activity P
Freight terminals
Rodpaugh Ranch Specific Plan 5-11
C:~:)OCUNIENTS'AND SETTINGS~IAASEHS~OCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Fuel storage and distribution
Funeral parlors, mortuary
Furniture sales (Less than 10,000 sq. ft,) P
Fumltura transfer and storage
G
Garden supplies and equipment sales and service
Gas distribution, meter and control station
General memhandise/retail stores less than 10,000 sq, ft. P
Glass and mirrors, retail sales P
Government offices p
Grocery store, retail p
Grocery store, wholesale
Guns and firearm sales
H
Hardware stores p
Health and exemise club P
Health food store p
Health care facility p
Heliport
Hobby supply shop P
Home and business maintenance sen/ice
Hospitals
Hotels/motels
I
Ice cream parior p
Impound yard
Interior decorating se~vico p
Junk or salvage yard I
K
Kennel
Roripaugh Ranch Spec~c Plan 5-12
C:~DOCUMENTS AND SETTINGS',NAASEHS%OCAL $~iNGS~TEMP~PSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
L
Laboratories, film, medical, research or testing centers
Laundromat P
Laundry se~,lca (commemlal)
Libraries, museums, and galleries (private) C
Liquid petroleum, sales and distribution
Liquor stores C
Uthographic servioe
Locksmith P
M
Machine shop
Machinery storage yard
Mail order business P
Manufacturing of products similar to, but not limited to the following:
Custom-made product, processing, assembling, packaging, and fabrication of goods,
within enclosed building (no outside storage), such as jewelry, furniture, art objects,
clothing, labor intensive manufacturing, assembling, and repair processes which do nor
involve frequent truck traffic.
Compounding of materials, processing, assembling, packaging, treatment or fabrication of
materials and products which require frequent truck activity or the transfer of heavy or
bulky items. Wholesaling, storage, and warehousing within enclosed building, freight
handling, shipping, truck services and terminals, storage and wholesaling from the
premises of unrefined, raw or semi-refined products requiring further processing and
manufacturing, and outside storage.
Uses under 20,000 sq. ft. with no outside storage
Massage 3 p
Medical equipment sales/rental P
Membership clubs, organizations, lodges C
Mini-storage or mini-warehouse facilities
Mobilehome sales and sewices
Motion picture studio
Motorcycle sales and service
Movie theaters C
Musical and recording studio
N
Nightclubs/taverns/bars/dance club~een club
Roripauflh Ranch Specific Plan 5-13
C:\DOCUMENTE~ AND $ ETTINGS'~JAAS EHS~.OCAL SETTING S\TEM F~SPS ECTSCCDOCU M ENT. DOO November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Nurseries (retail)
Nursing homes/convalescent homes C
O
Office equipment supplies, sales/services P
Offices, administrative or corporate headquarters with greater than 50,000 sq. ft.
Offices, professional services with less than 50,000 sq. ff., but not limited to, business P
law, medical, dental, veterinarian, chiropractic, amhitacturel, engineering, real estate,
insurance
P
Paint and wallpaper stores P
Pamel delivery services
Parking lots and parking structures C
Pawnshop
Personal service shops p
Pest control services
Pet grooming/pet shop P
Photographic studio P
Plumbing supply yard (enclosed or unenclosed)
Postal distribution
Postal services P
Printing and publishing (newspapers, periodicals, books, etc.,)
Private utility facilities (Regulated by the Public Utilities Commission) P
Q
Reserved
R
Radio and broadcasting studios, offices
Radio,ffelevislon transmitter
Recreational vehicle parks
Recreational vehicle sales
Recreational vehicle, trailer, and boat storage within an enclosed building
Recycling collection facilities P
Roripaui~h Ranch Specific Plan 5-14
C:'OOCUMENTS AND S ETTIN G S'~IAASEH S~.OCAL SETFINGS\TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Recycling processing facilities
Religious institution, without a daycaro or private school C
Religious institution, with a private school C
Religious institution, with a daycare C
Restaurant, drive-in/fast food C
Restaurants and other eating establishments P
Restaurants with lounge or live entertainment C
Rooming and boarding houses
S
Scale, public
Schools, business and professional C
Schools, private (kindergarten through Grade 12) C
Scientific roseamh and development offices and laboratories
Solid waste disposal facility
Sports and recreational facilities C
Swap meet, entirely inside a permanent building
Swap meet, outdoor
Swimming pool supplies/equipment sales P
T
Tailor shop P
Taxi or limousine service
Tire sales
Tobacco shop P
Tool and die casting
Transfer, moving and storage
Transportation terminals and stations C
Truck sales/rentals/service
TV/VCR repair P
U
Upholstery shop
Rodpaugh Ranch Specific Plan 5-15
C:'~DOCU MENTS AND S ETTIN G S",NAAS EH S~.OCAL SETTINGS\TEMP~SPSECT$CCDOCU MENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
V
Vending machine sales and services
W
Wamhouslng/dist ribution
Watch repair
Wedding chapels
Welding shop
Welding supply and service (enclosed)
Y
Reserved
Z
Reserved
1. Subject to the provisions contained In Section 17.40 of the City of Temec~la Development Code
2. Subject to the provisions contained in Section 17.06.050.H of the City of Temecola Development Code
3. Subject to the provisions contained in Section 5.22 of the City of Temecula Municipal Code
Rodpau~lh Ranch Specific Plan 5-16
C:~DOCUMENTS AND S ETTINGS~NAAS EH S~OCAL S E'I-I'INGS\TEM FAS PS ECT5CCDOCU M ENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.4.3
DEVELOPMENT STANDARDS
The following standards of development shall apply in the Neighborhood Commercial:
Table 5-4
Development Standards - Neighborhood Commercial
(Commercial Uses - PA 11)
Minimum gross area for site 2 acres for common lot centers,
30,000 square feet for single lots
Target floor area ratio .3
Maximum floor area ratio with intensity bonus as per Section .50
17.08.050
Front yard adjacent to street:
- Buttedield Stage Road/Murrieta Hot Springs Road 20 feet; structure & parking
- "A" and "B" Street 20 feet, structure & parking
Yard adjacent to residentially zoned property 25 feet, structure & parking
Accessory structure side/rear yard setback 10 feet
Minimum building separation:
- One story: 10 feet
- Two stories: 15 feet
- Three stories or more: 20 feet
Maximum building height 50 feet
Maximum percent of lot coverage 30%
Minimum required landscaped open space 20%
Fence, wall or hedge screening outdoor storage maximum height 6 feet
Minimum building setback separation:
- Two stories: 15 feet
- Three stories or more: 20 feet
Roripaugh Ranch Specific Plan 5-17
CN:)OCUMENT$ AND SETTINGS~NAASEHS~LOCAL SETTINGS~TEMP'~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.5
5.5.1
PARKS AND OPEN SPACE (Planning Areas Nos. lB, 5, 6, 7A, 7B, 7C, 8, 9A, 9B, 13, 27, 25, 26 and 30)
DESCRIPTION OF PARKS AND OPEN SPACE
Parks (P) and Open Space (OS) zoning district is intended to promote a wide range of public and private
recreational uses in the community. These uses include community facilities, golf coumes, health clubs, public
parks and recreation areas, sports parks, or other outdoor athletic facilities and similar outdoor commercial
recreational uses.
5.5.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in one or mom of the park and open space zoning
district as indicated in the columns corresponding to each zoning district. Where indic, eted with a letter "P", the
use shall be a permitted use. Where indicated with a "-", the use is prohibited within the zone. Where indicated
with a letter "C", the use shall be conditionally permitted subject to approval of a conditional use permit.
Table 5-5
Schedule of Permitted Uses - Parks and Recreational Uses
P P OS~ OS;
Schedule of Uses (Private) (Public)
lB, 5 6 and 27 8, 9A, 7B, 7C, Portions
Planning Area and 30
9B, and 25 and of 6 and
13, 26 7A
Agricultural Uses
Athletic Field P P
Bicycle paths P P P P
Campground
Caretakers quarters
Cemeteries, mausoleums and related uses
, Game courts, badminton, tennis, racquetball P P
Golf driving range not part of a golf course
Golf course and clubhouse
P P
Government and public utility facilities C C P P
Gymnasium p p
Microwave antenna~1ower~
Nature centers/exhibits
Nurseries
P P
Group Picnic Facilities
Private parks and recreation fecllitles p p . p p
Parking areas P P
Rodpaugh Ranch Specific Plan 5-18
C:tOOCUMENTS AND SETTINGS~IAASEHS%OCAL SETTINGS\TEMI:~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Public parks and recreational facilities P P P P
Recreational vehicle park
Riding stable, public or private
Shooting galleries, ranges, amhery coumes
Single-family dwellings
Tree Farms
1. See Zoning Appendix of Development Code 17.40 for antenna information.
Rodpaugh Ranch Specific Plan 5-19
C:~DOCUMENTS AND S ETTINGS~IAAS EHS'~LOCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.5.3
DEVELOPMENT STANDARDS
In the Parks and Open Space districts development standards am as follows:
Table 5-6
Development Standards - Parks end Open Space Standards
Development Standarde I P I OS
Planning Area lB, 5, 6, 27 and 7A, 7B, 70, 8,
31 9A, 9B, 13, 25
and 26
Minimum lot size 10,000 sq. ft.
Maximum lot coverage 25%
Maxirnurn height 35 feet1
Floor area ratio .1
Setback from parking structure 25 feet
Setback from parking structure 25 feet
Minimum open space/landscaping 75% 100%
1. Excludes light poles and communication facilities.
Roripau~h Ranch SF~clfic Plan · 5-20
C:'~DOCUMENTS AND St i ~ ~NGS~IAASEHS~I.OCAL SETFINGS\TEM P~SPSECTSCCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.6 PUBLIC/INSTITUTIONAL DISTRICTS (PLANNING AREAS 28 AND 29)
5.6.1 DESCRIPTION OF SCHOOL DISTRICT AND PUBLIC INSTITUTIONAL DISTRICT
The purpose of this district is to facilitate the construction of an Elementary School site and Middle
School site. Planning Ama 28 will be developed as a Middle School site and Planning Area 30 will be
developed as an Elementary School site.
5.6.2 USE REGULATIONS
Planning Areas 28 and 29 shall only be designated to be used as a Middle School site and an Elementary
School site, respectively.
Roripaui;h Ranch Specific plan 5-21
C:~DOCUMENTS AND S E'I'rlN G S~IAASEH StLOCAL SEt 1 iNGS\TEMP~PSECT5CCDOCUMENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.7 PUBLIC INSTITUTIONAL (PLANNING AREA 32)
5.7.1 DESCRIPTION OF PUBUC INSTITUTIONAL (FIRE STATION)
The purpose of this district Is to facilitate construction of public and quasi-public uses in appropriate areas of the
city. Planning Area 31 will be developed as a tim station on a 1.5 acre site.
5.7.2 USE REGULATIONS
Planning Area 31 shall only be designated as a Fire Station.
Rortpaugh Ranch Specific Plan 5-22
C:~OCUMENTS AND S ETTINGS~IAAS EH SU..OCAL SETTINGS~TEMP~PSECT5CCOOCUMENT.DOC November, L:~02
SPECIFIC PLAN ZONING ORDINANCE
5.8 PARKING REQUIREMENTS
Refer to Chapter 17.24 of the City Development Code for parking requirements.
Roripaugh Ranch Sp~tic Plan 5-23
C:~DOCUMENTS AND SETTINGS~IAASEHS%OCAL Sc ~ ~ ~NGS~TEMP~SPSECTSCCDOCUMENT.DOC November, 2002
EXHIBIT B
FOR ATTACHMENT 3
PROPOSED ZONING MAP
R:~ P~Roripaugh Ranch SP~new~CC~Res~s and ord CC l.doc
68
FIGURE 1-2
COUNTY
OF RrVERSIDE
CH
OS-R '
SKINNER
CITY
~ CITY LIMITS
V L Ve~ Low Residential (0.4-2.0 du/ac)
LM Low Medium Residontial (L2-14du/ac)
PF Public Facilities
SP Specffic Plan (Roripeugh Ranch Panhandle)
OS Open Space
~ PROJECT SITE
COUNTY SOUTHWEST ~ PLAN DESIGNATION
RR Rural Residential (<0.2 du/ac)
^ ~oacut~um
CH Conserv~on Habitat
SP Specific Plan 6Rancho Bella Vista)
Vt. Very Low Density (0.4-2.0 du/ac)
L Low Dem~ (2.0-S.0 du/ac)
M Medium Density (5.0-8.0 du/ac)
BP Business Park
CC Community Center
OS--R Open Space - Recreation
RC Retail Commercial
PF Public Fadlities
o'-- Ronpaugl R 'mch
EXHIBIT C
FOR ATTACHMENT 3
PREZONING THE VALLEY NEIGHBORHOOD
AS
SPECIFIC PLAN
R:~S P~Rofipaugh Ranch SP~ncvACC'~Resc~ and ord CC l.doc
69
~u~c FIGURE
~' BP
Bp¸
11
C~ r
~ CITY LIMITS
VL Ve~ Low Reside~al (0.4-2.0 du/ac)
LM Low Medium Reslde~al (I.2-¶4du/ac)
PF Public Facilities
SI= Spec~c Plan (Roripaugh Ranch Panhandle)
~ PROJECT
COUNTY SOUTHWEST ~ ~ DESIGNATION
RR Rural Redder~al (<0.2 alu/ac)
^ ~rk=r~um
CH Conselvalion Habitat
SP Specific Plan (Rancho Bblla Vista)
VI. Very Low Denny (0.4-2.0 alu/ac)
L Low Demk'y (2.0-5.0
M Me.urn ~ (5.0~.0 du~c)
BP Buslne~i P~uk
CC Communlly Center
OS-R Open Space- Recmallo~
RC Retail Commerdal
PF Public Facilities
,o, . , , onpaugh Ranch
ITEM 11
ORDINANCE NO. 02-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CETAIN AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BY AND BE'rWEEN
THE CITY OF TEMECULA AND ASHBY USA, LLC" FOR THE
RORIPAUGH RANCH SPECIFIC PLAN, (PLANNING
APPLICATION NO. 99-0299).
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:
Section 1.
declare that:
The City Council of the City of Temecula does hereby find, determine and
A. Ashby USA, LLC ("Owner") filed Planning Application No PA99-0298 (General Plan
Amendment), PA 94-0073 (Annexation), PA94-0075 (Specific Plan, Development Code
Amendment and Specific Plan Zoning Standards), PA 94-0076 (Environmental Impact Report),
PA 94-0075 (Change of Zone), PA99-0299 (Development Agreement) PA01-0253 (Tentative
Tract Map 29661), PA01-0230 (Tentative Tract Map 29353), (the "Application") in accordance
with the City of Temecula General Plan and Development Code for land use approvals for a
804.7 acre planned community located Northeast of the City near the future intersection of
Buttertield Stage Road and Nicolas Road, ("Project").
B. Government Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interests in real property for the
development of such property in order to, among other matters: ensure high quality
development in accordance with comprehensive plans; provide certainty in the approval of
development projects so as to avoid the waste of resources and the escalation in the cost of
housing and other development to the consumer; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance with existing
policies, rules and regulations and subject to conditions of approval, in order to strengthen the
public planning process and encourage private participation in comprehensive planning and
reduce the private and public economic costs of development; and provide for economic
assistance to Owner for the entitlements authorizing development related improvements.
C. On October 16, 2002 October 30, 2002 the Planning Commission of the City of
Temecula held a duly noticed public hearing on the Draft Environmental Impact Report, the
proposed Development Agreement(s) and the other land use applications for the Project at
which time all persons interested in the Draft EIR, proposed Development Agreement and the
Project had the opportunity and did address the Planning Commission on these matters.
D. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Development Agreement and the Project, the
Planning Commission adopted Resolution No. 2002- __ recommending to the City Council that
the Development Agreement be approved, subject to certain recommended conditions.
E. On November 26, 2002 the City Council of the City of Temecula held duly noticed
public hearings on the Draft Environmental Impact Report, proposed Development
Agreement(s) and the other land use applications for the Project at which time all persons
interested in the proposed Development Agreement and the Project had the opportunity and did
address the City Council on these matters.
F. Following consideration of the entire record of information received at the public
hearings before the Planning Commission and the City Council, and due consideration of the
proposed Final EIR, Annexation, General Plan Amendment, Change of Zone, Code
Amendment, Specific Plan Zoning Ordinance, Tentative Tract Maps 29661 and 29353, and
Development Agreement, the City Council adopted Resolution No. 2002- , entitled "A
Resolution of the City Council of the City of Temecula Certifying the Environmental Impact
Report Prepared for the Roripaugh Ranch Specific Plan No. 11 (Planning Application No. 94-
0076) and Related Actions, and Adoption of the Environmental Findings Pursuant to the
California Environmental Quality Act and a Mitigation Monitoring and Reporting Program in
Connection Therewith."
Section 2.
declares that:
The City Council of the City of Temecula further finds, determines and
A. In consideration of the substantial public improvements and benefits to be
provided by Owner and the Project, in further consideration of the implementation of the
Roripaugh Ranch Specific Plan and in order to strengthen the public financing and planning
process and reduce the economic costs of development, by the Development Agreement, the
City intends to give Owner assurance that Owner can proceed with the development of the
Project for the Term of the Development Agreement pursuant to the terms and conditions of the
Development Agreement and in accordance with the City's General Plan, ordinances, policies,
rules and regulations existing as set forth in the Development Agreement. In reliance on the
City's covenants in the Development Agreement concerning the development of the Property,
Owner has and will in the future incur substantial costs in site preparation and the construction
and installation of major infrastructure and facilities in order to make the Project feasible.
B. The Development Agreement and the Existing Project Approvals, as defined in
the Development Agreement, implement the goals and policies of the City's General Plan, and
the Roripaugh Ranch Specific Plan, provide balanced and diversified land uses, and impose
appropriate standards and requirements with respect to land development and usage in order to
maintain the overall quality of life and the environment within the City.
C. The City has engaged in extensive studies and review of the potential impacts of
the Project as well as the various potential benefits to the City by the development of the Project
and concluded that the Project is in the best interests of and is not detrimental to the health,
safety and general welfare of the City.
D. The Development Agreement is consistent with the City's General Plan, and
each Element thereof, and the City's Growth Management Action Plan, and constitutes a
present valid exercise of the City's police power.
E. The Development Agreement is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867.
F. All legal prerequisites to the adoption of this Ordinance have occurred.
Section 3. The City Council of the City of Temecula hereby approves certain
agreement entitled "Development Agreement by and Between the City of Temecula and Ashby
USA, LLC." and authorizes the Mayor to execute said agreement attached hereto as
Attachment A with the following additions:
A. The City Council directed staff to pursue the acquisition and maintenance
of the 201-acre habitat area to increase the City's ability to provide public access
to these areas.
B. The Development Agreement shall include language that the City will assist
the developer in obtaining a Cooperative Agreement.
Section 4. If any sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that
any one or more sentences, clauses or phrases be declared unconstitutional or otherwise
invalid.
Section 5. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
Section 6. PASSED, APPROVED AND ADOPTED this __ day of ,2002.
A~-I'EST:
Ron Roberts, Mayor
Susan Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 02-14 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of November, 2002, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the __
day of ,2002 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
PREANNEXATION AND
DEVELOPMENT AGREEMENT
By and Between
THE CITY OF TEMECULA,
City,
and
ASHBY USA, LLC
Owner.
PREANNEXATION AND DEVELOPMENT AGREEMENT
THIS PREANNEXATION AND DEVELOPMENT AGREEMENT (the
"Agreement") is entered into as of the __ day of ,2002 ("Agreement
Date"), by and between Ashby USA, LLC, a Limited Liability Corporation
("OWNER"), and the CITY OF TEMECULA, a municipal corporation, organized
and existing under the laws of the State of California (hereinafter "CITY"),
pursuant to the authority of Sections 65864 through 65869.5 of the California
Government Code ("Development Agreement Legislation") and Article Xl,
Section 2 of the California Constitution.
NOW, THEREFORE, pursuant to the authority contained in the
Development Agreement Legislation, pursuant to Article XI, Section 2 of the
California Constitution, and in consideration of the following recitals of fact, all of
which are expressly incorporated into this Agreement, the mutual covenants set
forth in this Agreement, the parties agree as follows:
INTENT OF THE PARTIES
This Agreement is predicated upon the following facts:
A. The following paragraphs refer to and utilize certain capitalized
terms which are defined in this Agreement. The parties intend to refer to those
definitions in conjunction with the use thereof in these Recitals.
B. The Development Agreement Legislation authorizes the CITY to
enter into binding development agreements with persons having legal or
equitable interests in real property for the development of such property in order
to, among other matters: ensure high quality development in accordance with
comprehensive plans; provide certainty in the approval of development projects
so as to avoid the waste of resources and the escalation in the cost of housing
and other development to the consumer; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance
with existing policies, rules and regulations and subject to conditions of approval,
in order to strengthen the public planning process and encourage private
participation in comprehensive planning and reduce the private and public
economic costs of development; assist in the financing of public improvements;
protect against initiatives, moratorium (processing or development) and other
actions inconsistent with the Project anticipated by this Agreement; assure
reimbursement of OWNER in accordance with the terms of this Agreement and
state and federal law; and provide for economic assistance to OWNER for the
entitlements authorizing development related improvements.
C. OWNER is the owner of certain real property (the "Property"), as
more particularly described in Attachment "1 ", including a plat graphically
depicting the real property contained in Attachment "2". A portion of the Property
713471.1 12/11/2002 1
is within the current boundaries of CITY and a portion is proposed to be annexed
into CITY from Riverside County. OWNER desires to develop the Property in
accordance with the provisions of this Agreement, the Existing Regulations and
those regulations of other agencies exercising jurisdiction over the Project which
are not inconsistent with the terms of this Agreement and the Existing
Regulations. OWNER will refrain from developing any portion of the Property in
a manner inconsistent with this Agreement and the Existing Regulations
regardless of which public agency has land use jurisdiction over the Property.
The agreed upon scope of Development of the Property is set forth in this
Agreement expressly or by incorporation.
D. OWNER has sought, and the CITY has agreed to, this Agreement
in order to assist in the creation of a beneficial project and a physical
environment that will conform to and complement the goals of the CITY, create a
development project responsive to community needs, facilitate efficient traffic
circulation, and develop the Property in a manner beneficial to all parties. As part
of the process of granting this entitlement, the City Council of the CITY has
required the preparation of and has certified the Project EIR in order to identify
any significant environmental effects arising from the Development and has
otherwise carried out all requirements of the California Environmental Quality Act
("CEQA") of 1970, as amended.
E. The following actions were taken with respect to this Agreement
and the Project:
1. On October 30, 2002, following a duly noticed and
conducted public hearing, the City Planning Commission recommended that the
City Council approve the Final Environmental Impact Repod for the Project
("Project EIR"), this Agreement, the Proposed Annexation, the General Plan
amendments, the Specific Plan, and Tentative Map No. 29353 (hereafter"A
Map") and 29661 (hereafter "B Map"), by adoption of its Resolution Nos. 02-046,
02-047, and 02-048, and making the findings of fact thereto;
2. On November 26, 2002, after a duly noticed public hearing
and pursuant to CEQA, the City Council certified the Project EIR and adopted the
Mitigation Monitoring and Reporting Program by adoption of its Resolution
No. 02-111 and making the findings of fact thereto;
3. On November 26, 2002, after a duly noticed public hearing,
the City Council approved proceeding with the Annexation, the General Plan
Amendments, the Specific Plan and the A Map and B Map by adoption of its
Resolution No. 02-112, Ordinance No. 02-13 and making the findings of fact
thereto;
4. On November 26, 2002, after a duly noticed public hearing,
the City Council introduced Ordinance No. 02-14 approving and authorizing the
execution of this Agreement and on December 17, 2002 the City Council adopted
713471.1 12/11/2002 2
the Ordinance, a copy of which is on file with the City Clerk of the CITY, and the
findings and conditions pertaining thereto.
F. The CITY has engaged in extensive studies and review of the
potential impacts of the Project under the California Environmental Quality Act
and all applicable Existing Regulations, as well as the various potential benefits
to the CITY by the development of the Project and concluded that the Project is
in the best interests of the CITY.
G. In consideration of the substantial public improvements and
benefits already provided and those to be provided by OWNER and the Project,
as described in this Agreement, in further consideration of the benefits that will
inure to the CITY in conjunction with the implementation of the Project and in
order to strengthen the Project's public financing and planning process and
reduce the economic costs of development, by this Agreement, the CITY intends
to give and by this Agreement gives, OWNER assurance that OWNER can
proceed with the Development of the Project for the Term of this Agreement
pursuant to the terms and conditions of this Agreement and in accordance with
the Development Plan Approval(s) and the Existing Regulations. This entitlement
shall be effective for that portion of the Property within the jurisdiction of CITY
upon the Effective Date and shall be effective for that portion of the Property
which is to be annexed to CITY from the County of Riverside upon the
Annexation Date. In reliance on the CITY's covenants in this Agreement
concerning the Development of the Property, 'OWNER has and will in the future
incur substantial indebtedness, as well as costs in planning, engineering, site
preparation and the construction and installation of major infrastructure and
facilities that OWNER would not incur but for the covenants of CITY provided in
this Agreement. Each party agrees to act in good faith and shall reasonably
cooperate with the other to cause the Annexation of the County of Riverside's
portion of the Property to be completed at the earliest possible opportunity.
H. Pursuant to Section 65867.5 of the Development Agreement
Legislation, the City Council has found and determined that: (i) this Agreement
and the Development Plan Approval(s) implement the goals and policies of the
CITY's General Plan and the Specific Plan, provide balanced and diversified land
uses and impose appropriate standards and requirements with respect to land
development and usage in order to maintain the overall quality of life and the
environment within the CITY, (ii) this Agreement and the Project are in the best
interests of and not detrimental to the public health, safety,and general welfare of
the CITY and its residents; (iii) adopting this Agreement is consistent with the
CITY's General Plan and constitutes a present exercise of the CITY's police
power; and (iv) this Agreement is being entered into pursuant to and in
compliance with the requirements of Section 65867 of the Development
Agreement Legislation.
I. As to the portion of the Property presently within the jurisdiction of
County of Riverside, this Agreement shall serve as the prezoning of such real
713471.1 12/11/2002 3
property, as the term is utilized in California Government Code Section 65859.
This Agreement shall become effective as to the County of Riverside portion of
the Project concurrently with the Annexation becoming effective, without further
action by either party.
J. The CITY and OWNER agree that it may be beneficial to enter into
operating memoranda, additional agreements or to modify this Agreement with
respect to the implementation of the separate components of the Project when
more information concerning the details of each component is available, and that
this Agreement should expressly allow for such contemplated operating
memoranda, additional agreements or modifications to this Agreement.
1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1
shall, for all purposes of this Agreement, or any supplemental agreement, and
any certificate, opinion or other document herein mentioned, have the meanings
herein specified. All references herein to "Articles," "Sections" and other
subdivisions are to the corresponding Articles, Sections or subdivisions of this
Agreement, and the word "herein," "hereof," "hereunder" and other words of
similar import refer to this Agreement as a whole and not to any particular Article,
Section or subdivision hereof.
"Accept" means Acceptance pursuant to the regular and ordinary
procedures of the CITY.
"Acceptance" shall mean the CITY's final approval of the entirety of an
On-Site or Off-Site Improvement as issued in the ordinary course of business by
the CITY for the certain type of On-Site or Off-Site Improvement under review.
"Annexation" means the process by which real property is lawfully
brought under the jurisdiction of the City of Temecula pursuant to the procedures
of the County of Riverside Local Agency Formation Commission and all
applicable law.
"Annexation Date" means the date upon which the Annexation is final
and effective as established by the County of Riverside Local Agency Formation
Commission.
"Authorizing Ordinance" means Ordinance No. 02-14 of the CITY
approving this Agreement.
"CITY" means the City of Temecula, a Califomia municipal corporation,
duly organized and existing under the Constitution and laws of the State of
California, and all of its officials, employees, agencies and departments and
assignees or successors.
713471.1 12/11/2002 4
"City Council" means the duly elected and constituted City Council of the
"Commencement Date" shall mean the date of the issuance of the first
building permit within the Project or the one year anniversary of the Effective
Date whichever occurs first.
"Develop" or "Development" or "Developing" means the improvement
of the Property for purposes consistent with the Development Plan, including,
without limitation: subdividing, grading, the construction of infrastructure and
public facilities, the construction of structures and buildings and the installation of
landscaping, all in accordance with the phasing provided for herein.
"Development Agreement Legislation" means Sections 65864 through
65869.5 of the California Government Code as it exists on the Agreement Date.
"Development Impact Fees" or "DIF" means, individually and in the
aggregate, the CITY's current development impact fees as set forth in Ordinance
No. 97-09, as amended, as set forth in the Temecula Municipal Code in Section
15.06 which are in effect on the Effective Date unless as specified in Section
4.1.1.3.
"Development Plan" means the plan for Developing the Property
contained in this Agreement, the City of Temecula General Plan as amended on
November 26, 2002 and as thereafter amended in accordance with Section 3.6
hereof, the Specific Plan entitled the Roripaugh Ranch Specific Plan, the 29353
Map and the 29661 Map and the Project Final EIR (including Mitigation
Monitoring Program as finally adopted). Any Future Development Approvals,
approved in conformance with Section 3.7 hereof shall become an element of the
Development Plan upon the final approval of the same.
"Development Plan ApProval(s)" means the approvals of the City
Council and other governmental agencies and other actions and agreements
described in Attachment "4" hereto, including those amendments to this
Agreement made in accordance with Section 3.5, those amendments to the
Development Plan Approvals made in accordance with Section 3.6 and those
Future Development Approvals made in accordance with Section 3.7.
"Development Transferee" means a person or entity that expressly
assumes obligations under this Agreement pursuant to Section 2.5 hereof.
"Effective Date" means the date the Authorizing Ordinance becomes
effective. This date shall be the thirty-first (31st) day after the second reading of
the Authorizing Ordinance.
"Existing Regulations" means those ordinances, rules, regulations and
official policies of the CITY other than the Development Plan Approval(s) in effect
713471.1 12/11/2002 5
on the Effective Date, which govern the permitted uses of the Property, building
heights, the size of structures, the density and intensity of use of the Property,
the timing, fees, and conditions to Development, exactions, assessments, the
procedures for, and types of, permits required for the Development, the
provisions for reservation or dedication of land for public purposes and the
design, improvement and construction standards and specifications applicable to
the Property and the infrastructure required for the Development. By way of
enumeration, and not limitation, the Existing Regulations include those portions
of the items identified on Attachment "4" which apply to the Property. The CITY
has certified two copies of each of the documents listed on Attachment "4". The
CITY has retained one set of the certified documents and has provided OWNER
with the second set. The Existing Regulations also are approved and imposed
as the zoning and development criteria that apply to the portion of the Property
currently within the County of Riverside, pursuant to the City's authority to
prezone property pursuant to California Government Code Section 65859.
"Future Development Approvals" means those entitlements and
approvals that are made in accordance with Section 3.7. By way of enumeration,
and not limitation, the Future Development Approvals include actions such as
development plan review, tentative maps, final maps, use permits, variances,
grading permits, occupancy permits and building permits.
"Merchant Builder" means a buyer, assignee, or transferee of one or
more individual lots or tracts of the Project, acquiring such lots or tracts for the
purpose of engaging in the business of developing, constructing improvements,
improving, or using such lots or tracts for development.
"Off-Site Improvements" includes the improvements set forth on either
or both Attachment "5" and in the Development Plan.
"On-Site Improvements" means physical infrastructure improvements or
facilities that are or will be located on the Property as described either or both in
the Development Plan and Attachment "5".
, "OWNER" is Ashby USA, LLC and others who subsequently are assigned
the rights and obligations of OWNER pursuant to Section 2.5 hereof.
"Planning Commission" means the duly appointed and constituted
planning commission of the CITY.
"Project" means the development of the Property as set forth in the
Development Plan Approval(s).
"Project EIR" means that environmental impact report prepared for the
Project, as certified on November 26, 2002.
"Property" means that certain real property described in Attachment "1"
hereof.
713471.1 12/11/2002 6
"Public Art Program" means the plans, guidelines, and design criteria
that will guide the CITY's review of public display art associated with the project.
"Public Infrastructure Improvements" mean the improvements
· intended to be utilized by the public and described on Attachment "5".
"Specific Plan" means the Roripaugh Ranch Specific Plan, approved by
the CITY on November 26, 2002 and as thereafter amended from time to time in
accordance with Section 3.6 of this Agreement. Any reference in this Agreement
to a Planning Area shall mean the specified Planning Area as the same is set
forth in the Specific Plan as adopted or as amended.
"Specific Plan Area" means the Property, regardless of its location within
or without the CITY on the Effective Date.
"Term" means the time frames set forth in Section 2.3.
2. General Provisions.
2.1 Bindin.q Covenants. Except as otherwise provided for in this
Agreement, the provisions of this Agreement to the extent permitted by law,
constitute covenants which shall run with the Property for the benefit thereof, and
the benefits and burdens of this Agreement shall bind and inure to the benefit of
the parties, all successors in interest to the parties hereto to the extent provided
for in this Agreement.
2.2 Interest of OWNER. OWNER represents that OWNER holds fee
simple title interest in the Property.
2.3 Term. This Agreement shall become effective on the Effective
Date and shall continue for a ten (10) year term from the Commencement Date
unless terminated pursuant to this Agreement. Unless terminated pursuant to
Section 2.4, this Agreement shall terminate at 11:59 p.m. on the tenth (10th)
anniversary after the Commencement Date. The final day of this Agreement's
regulation of the Property shall change subject to and upon the facts and terms
relating to a specific extension(s), force majeure, revision(s), and termination
provisions of this Agreement. Notwithstanding the foregoing, in the event that a
court of competent jurisdiction takes any action that stay or delays the Effective
Date, and subsequently enters after all appeals or time to appeal have been
exhausted, a final judgment or issuance of a final order directed to the CITY to
set aside, withdraw, or abrogate the approval of the City Council of this
Agreement, then this Agreement shall be deemed to have no force or effect upon
either party.
2.4 Termination. This Agreement shall be deemed terminated and of
no further effect, except for any express covenants and agreements that
expressly survive termination, upon the occurrence of any of the following
events:
713471.1 12/11/2002 7
2.4.1 Termination occurring pursuant to any provision of this
Agreement, including, without limitation, a termination in the event of default;
2.4.2 The completion of the total build-out of the Development
pursuant to the terms of this Agreement and the CiTY's Acceptance of all
dedications and improvements required to complete Development; or
2.4.3 The expiration of the Term as set forth in Section 2.3.
2.4.4 The failure to form a Public Facilities Financing District
(Community Facilities District) prior to the Commencement Date.
To provide notice to all, and not as a condition of the effectiveness
of a termination of this Agreement, the parties agree to execute and record
terminations of or releases of this Agreement as may be requested by either
party.
2.5 Transfers and Assi.qnments.
2.5.1 Right to Transfer or Assign to End User. OWNER and
any Memhant Builder, shall, without the consent of the CITY or any other party,
have the right from time to time and on such number of occasions as it chooses,
to sell, assign or otherwise transfer any or all individual lots on final maps
approved on the Property or any portion thereof, to any retail purchaser intending
to occupy the unit as his or her principal residence ("End User") at any time
during the Term of this Agreement. Absent an express written assumption of the
obligations or rights hereunder, upon the sale, assignment, or other transfer to an
End User of one or more individual lots, this Agreement shall terminate with
respect to such lots without the execution or recordation of any further
documentation. For purposes of documentation only, the transferor/assignor
shall provide CITY with written notice of the name of the any End User, that
assumed rights or obligations hereunder, together with a description of the
assumed rights and obligations.
2.5.2 Right to Assign to Merchant Builder. Provided OWNER
has previously delivered the security required of that OWNER by Section 2.5.4
hereof to the CITY, that OWNER shall, without the consent of the CiTY or any
other party, have the right from time to time and on such number of occasions as
it chooses to sell, assign or otherwise transfer its interests in a portion of the
Property together with some or all of its rights and obligations under this
Agreement with respect to the portion of the Property which is subject to transfer
(the "Transferred Property"), to any Merchant Builder at any time during the Term
of this Agreement. If the OWNER has not delivered the security required of that
OWNER by Section 2.5.4 hereof to the CITY, any assignment or transfer of the
Transferred Property together with some or all of that OWNER's rights and
obligations under this Agreement with respect to the Transferred Property to a
Merchant Builder requires the prior written consent of the CITY, which consent
713471.1 12/11/2002
8
shall not be unreasonably withheld or delayed. Any transfer or assignment must
be pursuant to a sale, assignment or other transfer of an interest of such
OWNER in a portion of the Property and shall be subject to the following cdteria
and conditions: (i) the transferor/assignor shall notify the CITY at least twenty
(20) days prior to the transfer of the name of the Merchant Builder, together with
the corresponding rights and obligations, if any, being transferred to such
Merchant Builder; and (ii) the agreement between the transferor/assignor and
Merchant Builder pertaining to s~ch transfer shall provide, and OWNER shall
give CITY notice of such provision, which obligations of OWNER under this
Agreement the Merchant Builder shall be liable to perform, and acknowledging
those obligations OWNER retains.
2.5.3 Assignment of Rights to Subsequent OWNER. Provided
OWNER has previously delivered the security required of that OWNER by
Section 2.5.4 hereof to the CITY, that OWNER shall, without the consent of the
CITY or any other party, have the right from time to time and on such number of
occasions as it chooses to sell, assign or otherwise transfer its interests in the
Transferred Property together with its dghts and obligations under this
Agreement as an OWNER with respect to the Transferred Property to another
person or entity ("Subsequent Owner") at any time during the Term of this
Agreement. If the OWNER has not delivered the security required of that
OWNER by Section 2.5.4 hereof to the CITY, any assignment or transfer of the
Transferred Property together with its rights and obligations under this
Agreement as an OWNER with respect to the Transferred Property to a
Subsequent Owner requires the prior written consent of the CITY, which consent
shall not be unreasonably withheld or delayed. Any transfer or assignment must
be pursuant to a sale, assignment or other transfer of an interest of such
OWNER in a portion of the Property and shall be subject to the following criteria
and conditions: (i) the transferor/assignor shall notify the CITY at least twenty
(20) day prior to the transfer of the name of the Subsequent Owner, together with
the corresponding rights and obligations, if any, being transferred to such
Subsequent Owner; and (ii) the agreement between the OWNER and
Subsequent Owner pertaining to such transfer shall provide, and OWNER shall
give CITY notice of such provision, which obligations of OWNER under this
Agreement the Subsequent Owner shall be liable to perform and acknowledging
those obligations OWNER retains. Upon transfer of title to the Transferred
Property, the Subsequent Owner will be considered an OWNER for all purposes
under this Agreement.
2.5.4 Security for Transfer. Prior to transferring or assigning all
or a portion of that portion Property without obtaining the prior written consent of
the CITY, OWNER shall post a corporate guarantee as security for the
construction of the improvements described in Attachment "5" in an amount
equal to the costs attributed to those improvements listed on Attachment "5".
The amount of the corporate guarantee will be proportionately reduced as the
improvements described in Attachment "5" are completed.
713471.1 12/11/2002 9
2.5.5 Effect of Assignment or Transfer. Unless expressly set
forth to the contrary in this Agreement CITY shall require OWNER to perform all
premises, duties and obligations set forth in the Development Agreement with the
sole exception of those which CITY has consented to be assigned or transferred
to a Development Transferee. CITY shall look only to the Development
Transferee to perform the obligations such party is expressly obligated to perform
under this Agreement or the action occurring as required by this Agreement and
shall require OWNER to perform all other Obligations.
3. Development Provisions.
3.1 Vestin.q.
3.1.1 Project. CITY covenants that OWNER has, during the term
of this Agreement, the right to implement the Development pursuant to the
Development Plan Approvals and the Existing Regulations, including, without
limitation, all specified uses, 2,015 residential dwelling units and 110,000 square
feet of commercial retail development, at the building heights, building sizes, lot
sizes, infrastructure standards and specifications, densities and types of
development provided for in the Specific Plan, and the CITY shall have the right
to control the Development in accordance with the Existing Regulations, the
Development Plan and the prospective Development Plan Approval(s) ("Vested
Right"). Except as otherwise expressly specified in this Agreement, the
Development Plan Appreval(s) shall control the design and development, and
review and approval of all Future Development Approvals and all Off-Site
Improvements and appurtenances in connection therewith. Except to the extent
it has been amended, canceled, modified or suspended in accordance with the
terms of this Agreement, this Agreement shall be enforceable by CITY, OWNER
or their respective assignees notwithstanding any change in any Existing
Regulation.
3.1.2 Limits on Development. The California Supreme Court
held in Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984),
that the failure of the parties to address certain limits on a CITY's ability to restrict
or regulate a development allowed a later adopted initiative to restrict the
development. This Agreement cures that deficiency by expressly addressing the
timing for the Development, the vested rights afforded by this Agreement and the
scope of the CiTY's Reserved Authority. Except as expressly set forth in the
Development Plan Approval(s), regardless of any future enactment, by initiative,
or otherwise, OWNER shall have the discretion to develop the Development in
such order, and at such rate, in one phase or in multiple phases, at such times as
OWNER deems appropriate within the exercise of its subjective business
judgment. Specifically, the CITY agrees that OWNER shall be entitled to apply
for and receive the Future Development Approvals and to develop and use the
Property at any time during the term of this Agreement, provided that such
application is made and such Development occurs in accordance with this
Agreement, the other Development Plan Approval(s) and the Existing
713471.l 12/11/2002 10
Regulations. The CITY covenants that no Existing Regulation purports to limit
the scope, rate or timing of Development or alter the sequencing of Development
in a manner inconsistent with the Development Plan Approval(s). No future
amendment of any CITY law, or future adoption of any CITY law or other action,
that purports to limit the scope, rate or timing of Development on the Property
shall apply to the Property. In particular, but without limiting any of the foregoing,
no numerical restriction shall be placed by CITY on the number of dwellings units
or amount of commercial Development that may be built in any particular year on
any portion of the Property other than as permitted by this Agreement.
3.1.3 Entitlements, Permits and Approvals - Cooperation.
3.'1.3.1 Processing. CITY agrees that it shall accept and
expeditiously process, pursuant to CITY's regular procedures, OWNER's
applications for amendments to this Agreement, amendments to the
Development Plan Approval(s) and the Future Development Approvals.
3.1.3.2 Further Mitigation. In connection with the
issuance of any Future Development Approvals which are subject to review
under CEQA, unless required under the California Public Resources i3ode and
the Guidelines promulgated thereunder, the CITY shall not impose any
environmental land use project alternatives or mitigation measures on OWNER
or the Property beyond those referenced in the Development Plan Approval(s).'
3.1.3.3 Other Permits. The CITY further agrees to
reasonably cooperate with OWNER, at no cost to the CITY, in securing any
County, Local Agency Formation Commission, State and Federal permits or
authorizations which may be required in connection with Development of the
Property. Except as expressly provided for in this Agreement, this cooperation
shall not require any economic contribution or similar consideration by the CITY.
3.'1.3.4 Litigation. The CITY agrees to reasonably
cooperate with OWNER in all reasonable manners in order to keep this
Agreement in full rome and effect. If any legal action is instituted by a third party
or other governmental entity or official challenging the Development Plan
Approval(s) or Future Development Approvals, the parties hereby agree to
cooperate in the defense of this action. CITY shall defend its interests under this
Agreement using attorneys of its own sole selection and OWNER agrees that
OWNER shall be responsible for all of CITY's costs, including, but not limited to,
attorneys fees, costs, expert witnesses, travel, exhibits, displays and the like.
OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipt
of any invoice(s) by OWNER requesting payment for any such costs.
713471.1 12/11/2002 l 1
3.1;3.5 Acquisition of Off-Site Property.
3.1.3.5.1 The CITY shall not postpone or refuse
approval of a Future Development Approval because the OWNER or
Development Transferee has failed to acquire off-site property required for the
construction or installation of Off-Site Improvements so long as OWNER
complies with Subsection 3.1.3.5.3. CITY shall use its authority pursuant to
California Government Code Section 66462.5 to seek to acquire the necessary
interests.
3.1.3.5.2 If there are delays in the acquisition of
the right-of-way for the off-site or County of Riverside portions of Butterfield
Stage Road, CITY may in its discretion, issue additional building permits beyond
the Five Hundred Tenth (510th). The additional building permits beyond the
510th shall be limited to no more than Fifty (50) every six months. In no event,
shall the CITY issue more than a total of Two Hundred (200) additional building
permits beyond the initial 510 permits.
3.1.3.5.3 To the extent the OWNER or a
Development Transferee does not have sufficient title or interest in the real
property to be improved to permit an Off-Site Improvement to be made, the
OWNER or Development Transferee shall make a good faith effort to acquire the
required property in a timeframe calculated to allow for the orderly development
of the Project. If the OWNER or Development Transferee is unable [o acquire
the required property, the CITY shall consider in good faith the acquisition of the
required property. Subject to the following, if the CITY is unable to acquire the
required property by negotiation or condemnation within the time frame provided
for in Government Code Section 66462.5, the CITY shall not use such failure as
grounds to deny Future Development Approvals except for building permits for
the Project despite the fact that the Off-Site Improvement has not been
completed, subject to OWNER delivering to CITY the full sum of monies
described hereafter. Further, the CITY's obligation to continue to issue Future
Development Approvals as provided for in this Section is contingent upon: (i) the
applicable OWNER or Development Transferee having made a timely submittal
of the improvement plans required for the respective Off-Site Improvement to the
CITY; and (ii) consistent with Government Code Section 66462.5, the OWNER or
Development Transferee entering into an agreement with the CITY to reimburse
the CITY for costs incurred by the CITY in acquiring the required property; and
(iii) so long as OWNER or Development Transferee has deposited with CITY an
amount equal to the CITY's calculation of the costs necessary to design the Off-
Site Improvements, acquire the real property, enter into a contract for such public
work subject to all legal requirements and to construct the Off-Site
Improvement(s) which are uncompleted. OWNER's funding obligations under
this section may be satisfied through the public facility financing plan described in
Section 4.3. CITY may use these funds for community cimula{ion/tmnsportation
improvements within the Specific Plan Area in its sole discretion.
713471.1 12/11/2002 12
3.2 Reserved Authority.
3.2.1 Uniform Codes. This Agreement shall not prevent the CITY
from applying new "uniform" construction standards adopted by the State of
California as State Codes, such as the Uniform Building Code, National Electrical
Code, Uniform Mechanical Code or Uniform Fire Code, to the Development,
provided those same standards are applied to all other development within the
CITY.
3.2.2 State and Federal Laws and Regulations. Subject to
compliance with the requirements of this Section 3.2.2, the Property may be
subject to subsequently enacted state or federal laws or regulations which
preempt local regulations, or mandate the adoption of local regulations, and are
in conflict with the Development Plan Approval(s). Upon the identification of a
subsequently enacted federal or state law meeting the requirements of this
Section, CITY or OWNER shall provide the other parties with written notice of the
state or federal law or regulation, provide a copy of the law or regulation, and a
written statement of conflicts with the provisions of this Agreement. Promptly
thereafter CITY and OWNER shall meet and confer in good faith in a reasonable
attempt to determine whether a modification or suspension of this Agreement, in
whole or in part, is necessary to comply with such federal or state law or
regulation. In such discussions, CITY and OWNER agree to preserve the terms
of this Agreement and the rights of OWNER as derived from this Agreement to
the maximum feasible extent while resolving the conflict. CITY agrees to
cooperate with OWNER in resolving the conflict in a manner which minimizes
any financial impact of the conflict upon OWNER without materially increasing
the financial obligations of CITY under this Agreement. CITY also agrees to
process in a prompt manner OWNER's proposed changes to the Project as may
be necessary to comply with such Federal or State law; provided, however, that
the approval of such changes by CITY shall be subject to the discretion of CITY,
consistent with this Agreement.
3.2.3 Regulation for Health and Safety. Nothing in this
Agreement shall be construed to be in derogation of CITY's police power to
protect the public health and safety from a sudden, unexpected occurrence,
involving a clear and imminent danger, demanding immediate and interim action
to prevent or mitigate loss of, or damage to, life, health, property, or essential
public services involving the Property or the immediate community ("Exigent
Event"). Upon discovery of an Exigent Event, CITY may suspend this Agreement
for a period reasonably necessary to analyze, evaluate and develop a response
to the Exigent Event following delivery of written notice of suspension to
OWNER. Immediately thereafter, the suspension shall end and CITY shall
provide the OWNER with written notice of the existence of the Exigent Event, a
detailed explanation of the CITY's proposed action, and a written statement of
conflicts with the provisions of this Agreement. Promptly thereafter CITY and
OWNER shall meet and confer in good faith in a reasonable attempt to determine
713471.1 12/11/2002 13
whether a modification or suspension of this Agreement, in whole or in part, is
necessary to comply with the Exigent Event. In such discussions, CITY and
OWNER agree to preserve the terms of this Agreement and the rights of
OWNER as derived from this Agreement to the maximum feasible extent while
resolving the conflict. CITY agrees to cooperate with OWNER in resolving the
conflict in a manner which minimizes any financial impact of the conflict upon
OWNER without materially increasing the financial obligations of CITY under this
Agreement. CITY also agrees to process in an expedited manner OWNER's
proposed changes to the Project as may be necessary to comply with the
Exigent Event; provided, however, that the approval of such changes by CITY
shall be subject to the discretion of CITY, consistent with this Agreement.
3.3 Further Assurances to OWNER Re.qardin.q Exercise of
Reserved Authority.
3.3.1 Judicial Review. Based on the foregoing, if OWNER
judicially (including by way of a reference proceeding) challenges the application
of a future rule, regulation or policy as being in violation of this Agreement and as
not being applied in accordance with the Reserved Authority, OWNER shall bear
the burden of alleging that such rule, regulation or policy is inconsistent with the
Existing Regulations and the Development Plan Approval(s) and the CITY shall
thereafter bear the burden of proof in establishing by a preponderance of the
evidence that such regulation was adopted pursuant to and in accordance with
the Reserved Authority and was not applied by the CITY in violation of this
Agreement.
3.4 Consistent and Inconsistent Enactments.
3.4.1 No Conflicting Enactments. The CITY shall not enact a
rule, regulation, ordinance, policy, permit or other measure (collectively "Law"),
nor take any action applicable to the Project or the Property, which governs the
rate, timing, scope, intensity, use, density, manner, or sequencing of the
Development, or any part thereof and which is inconsistent or in conflict with the
Development Plan Approval(s). By way of enumeration, and not limitation, any
law, action or inaction, whether by specific reference to the Project, this
Agreement or otherwise, shall be considered to conflict if it:
3.4.1.1 Restricts the Vested Rights described in the
Agreement or in any way limits or reduces the rate, timing, scope, intensity, use,
density, manner, or sequencing of the Development or otherwise requires any
reduction or increase in the number, size, height or square footage of lot(s),
structures, buildings or other improvements, modifies the standards and
specifications applicable to the infrastructure required for the Development or
requires additional dedications, exactions, fees or mitigation other than that
provided for in the Agreement;
713471.1 12/11/2002 14
3.4.1.2 Is consistent with Section 3.4.1.1 hereof, but is
not uniformly applied by the CITY to all substantially similar development within
the CITY; or
3.4.1.3 Imposes a new permit requirement or
procedure not already part of the Existing Regulations.
3.4.2 Consistent Enactments. By way of enumeration and not
limitation, the following types of enactments shall be considered consistent with
this Agreement and Existing Regulations and not in conflict:
3.4.2.1 Transfers of units or permitted uses as
requested by OWNER within the Property as provided for in Sections 2 and 3 of
the Specific Plan;
3.4.2.2 Changes in the phasing of the Development
pursuant to an application from OWNER and approved by the CITY; and
3.4.2.3
Any legislative enactment authorized by this
Agreement.
3.4.3 Consistency Between This Agreement, the Development
Plan Approval(s) and Existing Regulations, To the extent a conflict exists or
develops between the Existing Regulations and the Development Plan
Approval(s), the Development Plan Approval(s) shall be controlling. To the
extent a conflict exists or develops between this Agreement and any other
Development Plan Approval(s), this Agreement shall be controlling.
3.4,4 Map Act Consistency. As required by California
Government Code Section 65867.5, any tentative map prepared for the Project
shall comply with California Government Code Section 66473.7.
3.5 Amendment of Development A.qreement.
3.5.1 Initiation of Amendment. Either CITY or OWNER may
propose an amendment to this Agreement. An operating memorandum, as
defined below, is not an amendment of this Agreement.
3.5.2 Changes Requiring an Amendment. Unless otherwise
required by law, neither an amendment to the Development Plan Approval(s) nor
the approval of a Future Development Approval shall require an amendment of
this Agreement unless the amendment:
3.5.2.1 Materially alters the permitted uses of the
Property as a whole in a manner inconsistent with the procedures established in
the Specific Plan;
713471.1 12/11/2002 15
3.5.2,2 Increases the density or intensity of use of the
Property as a whole;
3.5.2.3
permitted buildings.
Increases the maximum height and size of
Notwithstanding anything to the contrary herein, an amendment of this
Agreement is not required if OWNER pursues entitlements, permits or approvals
pursuant to a waiver of vested rights as provided for in Section 3.1.
3.5.3 Procedure. The procedure for proposing and adopting an
amendment to this Agreement shall be the same as the procedure required for
entering into this Agreement in the first instance.
3.5.4 Consent. Any amendment to this Agreement shall require
the written consent of both the CITY and the OWNER whose portion of the
Property would be materially affected by the amendment. No amendment to ali
or any provision of this Agreement shall be effective unless set forth in writing,
signed by duly authorized representatives of the CITY and the applicable
OWNER, and adopted pursuant to legal requirements imposed on CITY. An
amendment of this Agreement does not require the consent of a Development
Transferee unless the rights, duties, or obligations of the Development
Transferee are affected. To the extent the consent of an OWNER that did not
initiate the amendment is necessary, that OWNER shall not unreasonably
withhold its consent. Notwithstanding the above, that OWNER shall consent to
the amendment on or before the thirtieth (30th) day after receipt of notice of the
initiation of the amendment if, as determined in that OWNER's reasonable
business judgment, that proposed amendment will not have a material adverse
impact on the Development of that OWNER's portion of the Property.
3.5.5 Operating Memoranda. The parties acknowledge that
refinements and further development of the Project may demonstrate that
changes are appropriate with respect to the details and performance of the
parties under this Agreement. The parties desire to retain a certain degree of
flexibility with respect to the details of the Development Plan and with respect to
those items covered in general terms under this Agreement. If and when the
parties and, if applicable, a Development Transferee, mutually find that
nonsubstantive changes, adjustments, or clarifications are appropriate to further
the intended purposes of this Agreement, and such are not materially
inconsistent with the Development Plan Approval(s), they may, unless otherwise
required by law, effectuate such changes, adjustments, or clarifications without
amendment to this Agreement through one or more operating memoranda
mutually approved by the City Manager, or designee, on behalf of the CITY and
by any corporate officer or other person designated for such purpose in a writing
signed by a corporate officer on behalf of OWNER, which, after execution, shall
be attached hereto as addenda and become a part hereof. Unless otherwise
required by law or by the Development Plan Approval(s), no such changes,
713471.1 12/11/2002 16
adjustments, or clarifications shall require prior notice or hearing, public or
otherwise. Nothing herein shall authorize the delegation of authority to the City
Manager, or designee, contrary to California or Federal Law. CITY shall record
all Operating Memoranda and thereafter shall attach the recorded instrument to
the CITY's original Agreement and shall provide OWNER a duplicate copy.
3.6 Future Amendments to Development Plan Approval{s). The
following rules apply to future amendments to the Development Plan Approval(s),
except that Section 3.5.5 shall control with respect to a nonsubstantive
adjustment of this Agreement and Section 3.7 shall control with respect to Future
Development Approvals:
3.6.1 OWNER's Written Consent. It is contemplated by the
parties that mutually agreed upon amendments to the Development Plan
Approval(s) may be necessary. Any amendments to the Development Plan
Approval(s) to which OWNER does not agree in writing shall not apply to the
Property or the Project while this Agreement is in effect.
3.6.2 Concurrent Development Agreement Amendment. Any
entitlement requiring amendment of this Agreement, as provided for in
Section 3.5 hereof, shall be processed concurrently with an amendment to this
Agreement in the manner required by law.
3.6.3 Effect of Amendment. Except as expressly set forth within
this Agreement, an amendment of the future Development Plan Approval(s) will
not alter, affect, impair or otherwise impact the rights, duties and obligations of
the parties under this Agreement. To the extent an amendment to the
Development Plan Approval(s) is approved in accordance with Section 3.6.1, the
amendment shall constitute for all purposes a Development Plan Approval and
shall be treated as if it were in existence on the Effective Date.
3.7 Future Development Approvals.
3.7.1 Exercise of CITY Discretion. In connection with Future
Development Approval(s) or any other actions which the CITY is expressly
permitted to make under this Agreement relating to the Project, the CITY shall
exercise its discretion or take action in a manner which complies and is
consistent with the Development Plan Approval(s) and the Existing Regulations.
3.7.2 Concurrent Development Agreement Amendment. Any
Future Development Approval requiring amendment of this Agreement, as
provided for in Section 3.5 hereof, shall be processed concurrently with an
amendment to this Agreement.
3.7.3 Effect of Future Development Approvals, Except as
expressly set forth within this Section 3.7, a Future Development Approval will
not alter, affect, impair or otherwise impact the rights, duties and obligations of
713471.1 12/11/2002 17
the parties under this Agreement. To the extent a Future Development Approval
is approved in accordance with Sections 3.7.1 and 3.7.2, the Future
Development Approval shall constitute for all purposes a Development Plan
Approval and shall be treated as if it were in existence on the Effective Date.
4. Obli,qations of the Parties.
4.1 Fee and Exaction Related Responsibilities.
4.1.1 Development Impact Fees. CITY has adopted an
ordinance requiring the payment of Development Impact Fees ("DIF"). This
Agreement affects the means by which the DIF are collected and accounted for
as regards the Project. The CITY will credit, and thus not require cash payment
to the CITY from OWNER, except as where cash payments are specified in this
Agreement. The per unit credit against otherwise payable DIF will be calculated
at the time each building permit is obtained by OWNER as issued by CITY. CITY
will carry the credit in its accounts, and the same will be evidence of an
indebtedness OWNER owes to CITY. CITY will grant the credit to OWNER and
deem the debt satisfied at such time as CITY Accepts that part of the Public
Infrastructure Improvements that are within the scope of each individual DIF
category specified hereunder. In the event OWNER fails to obtain the CITY's
Acceptance of the Public Infrastructure Improvement then CITY may elect to (i)
deem the DIF that is applicable to the type of improvement or subject matter then
due and payable in the full amount OWNER would have been required to pay
pursuant to the DIF schedule in effect when the building permit is issued by CITY
for each building permit; (ii) cease further issuance of building permits for all or
any portion of the Project; (iii) seek specific performance of the Public
Infrastructure Improvements; or (iv) seek any other remedy available in law or
equity. CITY's election may include any one or any combination of the foregoing
remedies.
The DIF is comprised of several components, each corresponding
to different elements of the Public Infrastructure Improvements. The individual
component and the credit, if any, is set forth hereunder.
4.1.1.1 Street Improvement DIF Component. The
OWNER shall be granted a credit for One Hundred Percent (100%) of the Street
Improvement component so long as OWNER completes and CITY Accepts the
Public Infrastructure Improvements.
4.1.1.2 Traffic Signal DIF Component. The OWNER shall
be granted a credit for One Hundred percent (100%) of the Traffic Signal
component so long as OWNER completes and CITY Accepts the Public
Infrastructure Improvements.
713471.1 12/11/2002 18
4.1.1.3 Library and Corporate Facilities DIF Components.
These components require cash payment of the fees in effect at the time of
issuance of each building permit.
4.1.1.4 Fire DIF Component. The OWNER shall be
granted a credit for One Hundred percent (100%) of the Fire component so long
as OWNER completes and CITY Accepts the Fire Service Improvements as
defined in Section 4.1.6 a and b.
4.1.'1.5 Park and Recreation DIF Component. The
OWNER shall be granted a credit for One Hundred percent (100%) of the Park
component so long as OWNER completes, and CITY Accepts, the Park
improvements. The Parks shall be built in accordance with the Specific Plan,
which includes the following specific matters.
a. A 19.7-acre Sports Park (Planning Area 27).
b. A 5.1-acre Neighborhood Park (Planning Area 6).
c. The developer shall also be responsible to design and
construct not less than a half-width street and right-of-way improvements, related
grading and utility connections to the park site at the Developer's cost with no
credits towards the Park component of DIF. In addition to any other
improvements OWNER shall construct, at its own cost, not later than the thirtieth
(30~) day before the Acceptance of each park, including the following:
1. Street and right-of-way improvements adjacent
to the Sports Park, including Butterfield Stage Road and the North Loop.
2. Street and right-of-way improvements adjacent
to the Neighborhood Park including Murrieta Hot Springs Road and "A" Street as
referenced in the Specific Plan.
4.1.1.5.1 General Parks Provisions.
a. All real property shall be conveyed as provided for in
Section 4.1.1.5 and 4.4.1 OWNER shall demonstrate the condition of title
pursuant to CLTA title insurance policies, in an amount equal to both the value of
the land and the actual costs of the improvements located thereon.
b. OWNER shall work with the CITY to design the
Community Sports Park and the Neighborhood Park site to the satisfaction of the
Director of Community Services and consistent with the requirements of Section
4.2.1 of the Specific Plan.
c. The Community Sports Park will generally be improved
with two (2) lighted full sized soccer fields, two (2) lighted full sized ball fields, two
713471.1 12/11/2002 19
(2) lighted basketball courts, a restroom/concession/maintenance building, age
appropriate play structures, picnic shelter, concrete walkways and parking
improvements. The Park DIF credit allocated to OWNER under this Agreement
for the design and construction of the Community Park is $2,909,989.00.
OWNER shall provide verification to the CITY of actual design and construction
costs. Any and all design and construction cost in excess of $2,909,989.00 shall
be the sole responsibility of OWNER.
The Community Sports Park shall be completed, including
the completion of the 90-day maintenance and establishment period to the
satisfaction of the Director of Community Services and the grant deed Accepted
by the City Council, prior to the issuance of the 700th residential building permit in
the Project.
d. The Neighborhood Park will generally be improved with
age appropriate play structures, one (1) lighted basketball court, restroom, picnic
shelter, open turf area, concrete walkways and parking improvements. The Park
DIF credit allocated to OWNER under this Agreement for the design and
construction of the Neighborhood Park is $625,000. OWNER shall provide
verification to the CITY of actual design and construction costs. Any and all
design and construction cost in excess of $625,000 shall be the sole
responsibility of OWNER.
The Neighborhood Park shall be completed, including the
completion of the 90-day maintenance and establishment period to the
satisfaction of the Director of Community Services and the grant deed Accepted
by the City Council, prior to the issuance of the 400th residential building permit in
the Project.
4.1.'1.5.2 Private Recreation Space.
a. 201 Acres of Open Space. This real property is
generally located north and northeast of the Property. OWNER has a legal
commitment to participate in County Assessment District No. 161 Subregional
Habitat Conservation Plan. CITY and OWNER recognize that OWNER has
committed approximately 201 acres of open space to permanent open space and
native habitat preservation use ("Preservation Site"). OWNER and CITY agree to
use their best efforts to cause the control, jurisdiction and management of the
Preservation Site to be transferred to the CITY. The final decision to accept the
maintenance and/or ownership of the Preservation Site will be at CITY's sole
discretion.
b. Private Recreation Facility Improvements. OWNER
has developed renderings depicting recreation facilities to be located in the
private recreation areas planned on the Property. OWNER has further
represented and listed a scope of uses, activities, amenities and items of
713471.1 12/11/2002 20
personal property that will be provided within the private recreation area. The
listing of these items, together with the size and scope of the recreation facilities
is set forth on Attachment "6" hereto, titled Recreation Amenities. OWNER
agrees that the buildings, improvements, items of personal property and
programs set forth thereon will be developed, constructed, installed and
implemented in accordance with the provisions set forth in the Specific Plan.
4.1.2 Quimby Fee. The Project, pursuant to the requirements of
Section 16.33 of the CITY's Subdivision Ordinance is obligated to provide 28.71
acres of real property for park and recreation purposes. This requirement will be
satisfied in full upon CITY's Acceptance of the real property and the OWNER's
completion of the private recreation components as described in Sections 2.8.1
and 4.2.2 of the Specific Plan.
4.1.3 Development Agreement Fee. OWNER shall pay to the
CiTY the aggregate sum of money determined by the following formula.
Add the sum of the following formula: $1,500 x 2015
(the maximum number of residential dwelling units allowed under the Specific
Plan) = $3,022,500
To the sum of the following formula: $3.00 x 110,000
(the maximum amount of square feet of commercial development allowed under
the Specific Plan) -- $330,000
Total sum due CITY: $3,352,500.
4.1.3.1 CITY Collection of Funds.
a. OWNER shall pay to CITY, and CITY shall
accept the sum of Two Million Dollars ($2,000,000.00) out of the Development
Agreement Fee for CITY to use for the provision of the Fire Service
Improvements described in Section 4.1.6. The monies shall be paid to CITY
within thirty (30) calendar days of the formation and funding of the public finance
district referenced in Section 4.3. This fee is nonrefundable to OWNER
regardless of the continuing status of this Agreement.
b. CITY shall defer collection of the remaining
monies attributable to this Development Agreement Fee ($1,352,500.00) to the
formation of the public finance district. At the time the public facilities finance
mechanism, as referenced in Section 4.3, is funded, this debt will be deemed
satisfied in full. If the financing mechanism is not in place on the
Commencement Date, and the parties have waived the termination of this
Agreement pursuant to Section 2.4.4. OWNER shall, without demand by CITY,
deliver CITY the sum of $1,352,500.00 on the day immediately following the
described one year anniversary date.
713471.1 12/11/2002 21
4.1.4 Fee for Public Art, Open Space and Habitat Preservation.
In consideration of CITY's performance pursuant to the terms of this Agreement,
OWNER agrees to pay to City a fee of Two Hundred Dollars ($200.00) per
dwelling unit which the CITY agrees to use for City-owned public aK and open
space and habitat preservation purposes. The fee will be paid upon the issuance
of each building permit for a residential unit. The CITY agrees to use all
proceeds of the art fee paid pursuant to this Section on a site located within the
Property. Notwithstanding the foregoing, CITY agrees to waive and/or defer the
following sums pursuant to the following terms:
a. Credit in the amount of One Hundred Fifty Dollars
.($150.00) per residential unit in consideration of OWNER'S contribution of
approximately 200 acres of open space and other contributions towards the
acquisition of open space lands.
b. Credit in the sum of Fifty Dollars ($50.00) per
residential unit so long as OWNER provides the full sum "Art in Public Places"
monies calculated by multiplying the number of units permitted by the Specific
st
Plan times the $50.00 sum per unit. Prior to the issuance of the 301 building
permit, the OWNER shall prepare, and submit to CiTY for review and approval, a
Public Art Program. The design of the art piece(s) shall be approved by the
Community Services Director pursuant to such Public Art Program. The location
of the art piece(s) shall be consistent with the approved Public Arts Program.
The approved public art shall be installed by OWNER and Accepted by CITY
prior to the issuance of the 510t" building permit within the Project.
4.1.5 Transit Contributions.
a. Transit Mitigation Fee. A Transit Mitigation Fee in the
amount of Three Hundred Thousand Dollars ($300,000.00) shall be paid by
OWNER to CITY prior to the 510th building permit being issued by CITY for the
project. The funds may be used to further any objective of the Agreement
between the CITY and RTA.
b. Park-N-Ride. OWNER shall provide, as described in
the Specific Plan, fifty (50) designated park-n-ride spaces for public use prior to
the issuance of the 1st building permit in Planning Areas 10, 12, 14 through 23,
31,33A, and 33B. The spaces shall be consistent with the standards set forth in
the Specific Plan.
4.1.6 Fire Service Improvements. The following shall satisfy
OWNER's obligations regarding this component.
a. Conveyance of Land. On or before the thirtieth (30t")
calendar day after the Annexation Date of this Agreement, OWNER accomplish
the following:
713471.i 12/11/2002 22
1. Fee simple title shall be conveyed to CITY, free
and clear of all liens and matters of record;
2. OWNER shall provide CITY a CLTA insurance
policy insuring CITY's title to the Station Site in an amount equal to the fair
market value of the Station Site.
3. The parcel shall have not less than one and
one-half (1.5) acre of flat land usable for development as a CITY fire station. In
no event shall the site be in excess of three (3) gross acres.
b. Grading. Prior to the issuance of the first (1st )
building permit, OWNER shall rough grade the parcel. Grading of the fire station
site will require the approval of grading and improvement plans and the issuance
of permits for property located in the County of Riverside. The CITY agrees to
use its best efforts to obtain a Joint Powers Agreement with the County of
Riverside to accomplish these and other Project improvements, if necessary.
c. Construction. Section 4.1.3.1 OWNER shall tender
the sum of Two Million Dollars ($2,000,000.00) and CITY shall accept the money
from OWNER for the purpose of CITY's design and construction of a Fire Station
and acquisition of title to a fire truck of CITY's sole selection. Until the Fire
Station is constructed, staffed, equipped and deemed operational by the Fire
Chief of CITY and the secondary access, as defined ion Attachment "5", is
completed OWNER, and any Development Transferee, shall not be issued and
shall not seek the issuance of any building permit in any Planning Area, as the
same is defined in the Specific Plan, with the sole exception of a total of One
Hundred Seven (107t~) residential building permits within Planning Areas lA, 2,
and 3, except as described in the following paragraph.
Upon receipt of the right to the Two Million Dollars ($2,000,000.00)
and the real property CITY shall commence and complete the design and
construction of the Fire Station. CITY anticipates completing the construction of
the Fire Station on or before twenty-four (24) months from the date the monies
and land are received. The Fire Chief, in his sole discretion may allow a
maximum of 250 residential building permits total for the Project to be issued
within Planning Areas lA, 2, 3, 4A, and 4B so long as the permanent fire station
and the secondary access, as defined in Attachment "5" are substantially under
construction at the time such additional building permits are requested.
d. Fire Station Construction Street Improvements.
OWNER shall, subject to final review and Acceptance by CITY, construct the
street improvements adjacent to the Fire Station in conformance with the
conditions set forth in this Agreement and subject to the CITY's approved street
improvement plans for the public street(s) which are immediately adjacent to the
Fire Station. OWNER shall commence and complete the street improvements,
including but not limited to, asphalt concrete travel lanes, concrete curb and
713471.1 i2/11/2002 23
gutter, sidewalk per Specific Plan and right-of-way landscaping as required by
CITY. The improvements described in this Section shall be completed not less
than thirty (30) calendar days prior to the date the CITY will place the Fire Station
in full operation.
e. Release. Upon the funding of the public finance district
or other financing mechanism and CITY's ability to utilize such monies for
construction of a permanent fire station as described in Section 4.1.6, and the
Acceptance of title to the site, then OWNER's further obligations to pay the Fire
component of the DIF will be credited by CITY, and CITY shall not impose
restrictions on building permit issuance based upon nonpayment of the Fire
component of the DIF.
f. Limitation on Participation. The OWNER agrees to not
participate in the design or construction of the Fire Station, even if it is funded by
a public financing district. However, to ensure architectural compatibility with
future development, CITY agrees to allow OWNER's architect to coordinate with
the architect hired by CITY for the sole purpose of providing input into the
architectural themes of the exterior to the Fire Station.
4.1.7 Other Fees.
a. Processing and Application Fees. OWNER shall pay
the application and processing fees customarily imposed on the type of
entitlement or permit sought at the rate, and in the amount, imposed by CITY
pursuant to the fee schedule, resolution or ordinance applicable to all projects in
the CITY and in effect at the time the application is submitted to and accepted as
complete by the CITY.
b. Transportation Uniform Mitigation Fee (TUMF).
TUMF is anticipated to be adopted by both CITY and the County of Riverside.
OWNER shall pay all TUMF fees that are required to be paid under TUMF, in
accordance with the terms of the program that are in effect at the time OWNER
obtains each building permit. OWNER may apply for credits or reimbursement in
conformance with the adopted TUMF program provisions.
4.2 Physical Improvements. In consideration of the CITY's promises
and performances OWNER agrees to the following:
4.2.1 Off-site Improvements. Subject to CITY's assistance and
pursuant to Section 3.1.3.5 OWNER shall be solely responsible for funding,
acquiring right-of-way, slope easements, rights of entry, temporary construction
easements, as well as constructing all improvements identified in Attachment "5".
4.2.2 On-Site Improvements. OWNER shall be solely
responsible for funding, acquiring right-of-way, slope easements, rights of entry,
713471.1 12/11/2002 24
temporary construction easements, as well as constructing all other On-Site
limprovements necessary to accomplish the Development, in whole or part.
4.3 Public Facility Financing Plan. In consideration for OWNER's
commitments under this Agreement to provide certain On-Site and Off-Site
Improvements and to assist in the formation thereof, the CITY agrees to use best
efforts to cause to be formed a means to finance the Improvements, which most
likely will be a Community Facilities District ("CFD"). The parties agree that no
residential building permit within any Planning Area, regardless of whether the
improvements will be public or private or commercial or residential, shall be
issued until the CFD is formed and funded. CITY shall determine the
appropriateness of all proposed improvements financed through the CFD.
4.4 Related Real Property Conveyances; Conditions to
Development Agreement.
4.4.1 Liens, Encumbrances and Environmental Conditions. All
real property dedicated to the CITY pursuant to this Agreement shall be free and
clear of any and all matters of record that the CITY objects to in its sole
discretion, including but not limited to matters which require the direct payment of
money (excluding all non-delinquent taxes and assessments), including but not
limited to, deeds of trust and mechanic liens. The real property shall also be
dedicated free of other encumbrances of record that would prevent the CITY
from using such dedicated facility for its intended use as identified herein or as
reasonably inferred as relating to such use. Further the real property shall be
warranted, to the best of OWNER's actual knowledge, to be free of any known
environmental conditions that would prevent the real property from being used as
intended by the CITY. OWNER shall provide the CITY copies of all reports,
investigations and analysis that discuss the environmental condition of the real
property.
4.5 Reclaimed Water; Facilities and Use. OWNER and CITY
recognize that the State of California has adopted laws which address the use of
recycled and reclaimed water for landscaping and open space irrigation use.
Particularly the Water Recycling in Landscaping Act (California Government
Code Section 65601, et seq.) imposes obligations to utilize recycled water when
certain circumstances are present. CITY also recognized OWNER seeks
certainty as to its development obligations. The parties hereby agree to use their
best efforts to relieve or defer OWNER's obligation to provide recycled water
service to the Project subject to all legal requirements imposed on CITY or
OWNER to provide recycled water for landscaping and open space irrigation use.
5. Indemnification and Defense. Except to the extent of the active
negligence or willful misconduct of the Indemnified Parties (as defined below),
OWNER, with respect to the Property, and the Development Transferee, with
respect to the portion of the Property transferred to that Development Transferee,
agree that during the Term of this Agreement, to defend the CITY and its agents,
713471.1 12/11/2002 25
officers, contractors, attorney, and employees (the "Indemnified Parties") from
and against any claims or proceeding against the Indemnified Parties to set
aside, void or annul the approval of this Agreement. OWNER and Development
Transferee may be individually referred to herein as "Indemnifying Party" and
collectively as "Indemnifying Parties". Each Indemnifying Party shall retain
settlement authority with respect to any matter concerning that Indemnifying
Party provided that prior to settling any such lawsuit or claim with respect to that
Indemnifying Party, the Indemnifying Party shall provide the CITY and the other
Indemnifying Parties with a minimum ten (10) business days written notice of its
intent to settle such lawsuit or claim. If the CITY or the other Indemnifying
Parties, in their reasonable discretion, do not desire to set'tie such lawsuit or
claim, it may notify the applicable Indemnifying Party of the same, in which event
the applicable Indemnifying Party may still elect to settle the lawsuit or claim as
to itself, but the non-settling parties may elect to continue such lawsuit, at their
cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is
predicated upon a legitimate and articulated threat to either the exercise of its
police powers or a risk of harm to those present within the CITY; or (ii) with
respect to the other Indemnifying Parties, the decision is predicated upon a
legitimate and articulated threat to the Development of that Indemnifying Party's
property.
6. Relationship of Parties. OWNER is not the agent or employee of the
CITY. The CITY and OWNER hereby renounce the existence of any form of joint
venture or partnership between them, and agree that nothing contained in this
Agreement or in any document executed in connection with the Project shall be
construed as making the CITY and OWNER joint ventures or partners.
7. Periodic Review of Compliance with A.qreement.
7.1 Periodic Review. The CITY and OWNER shall review this
Agreement once every 12-month period from the Effective Date until the
Agreement terminates. The CITY shall notify OWNER in writing of the date for
review at least thirty (30) days prior thereto.
7.2 Good Faith Compliance. During each periodic review, OWNER
shall be required to demonstrate good faith compliance with all material terms of
this Agreement. The parties recognize that this Agreement and the documents
incorporated herein could be deemed to contain hundreds of requirements and
that evidence of each and every requirement would be a wasteful exercise of the
parties' resources. Accordingly, OWNER shall be deemed to have satisfied its
good faith compliance when it presents evidence of substantial compliance with
the material provisions of this Agreement. Generalized evidence or statements
of compliance shall be accepted in the absence of any evidence that such
evidence is untrue.
713471.1 12/11/2002 26
7.3 Failure to Conduct Annual Review. The failure of the CITY to
conduct the annual review shall not constitute, or be asserted by OWNER or
CITY as a breach of this Agreement.
7.4 Initiation of Review by City Council. In addition to the annual
review, the City Council may at any time initiate a review of this Agreement by
giving written notice to OWNER. The notice must describe in detail the specific
issues which caused the CITY to question OWNER'S good faith compliance and
the evidence the CITY believes is necessary for the review. Within thirty (30)
days following receipt of such notice, OWNER shall submit evidence to the City
Council of OWNER's good faith compliance with this Agreement and such review
and determination shall proceed in the same manner as provided for the annual
review. The City Council shall initiate its review pursuant to this Section 7.4 only
if it has probable cause to believe the CITY's general health, safety or welfare is
at risk as a result of specific acts or failures to act by OWNER in violation of this
Agreement.
7.5 Administration of A,qreement. Any final decision by the CITY
Staff concerning the interpretation and administration of this Agreement and
Development of the Property in accordance herewith may be appealed by
OWNER first to the Planning Commission and thereafter to the City Council,
provided that any such appeal shall be filed with the City Clerk within thirty (30)
days after OWNER receives written notice that the Staff decision is final all as
pursuant to routine planning appeal procedures. The City Council shall render,
at a noticed public hearing, its decision to affirm, reverse or modify the Staff
decision within thirty (30) days after the appeal was filed.
7.6 Availability of Documents. If requested by OWNER, the CITY
agrees to provide to OWNER copies of any documents, reports or other items
reviewed, accumulated or prepared by or for the CITY in connection with any
periodic compliance review by the CITY, provided OWNER reimburses the CITY
for all reasonable and direct costs and fees incurred by the CITY in copying the
same. The CITY shall respond to OWNER's request on or before ten (10)
business days have elapsed from the CITY's receipt of such request.
8. Events of Default: Remedies and Termination. Unless amended as
provided in Section 3.5, or modified or suspended pursuant to Government Code
Section 65869.5 or terminated pursuant to this Section 8, this Agreement is
enforceable by any party hereto.
8.1 Defaults by OWNER. If, after following the procedures established
in Section 7 hereof, the CITY determines on the basis of a preponderance of the
evidence that OWNER has not complied in good faith with the material terms and
conditions of this Agreement, the CITY shall, by written notice to OWNER specify
the manner in which the allegedly defaulting party has failed to so comply and
state the steps the allegedly defaulting party must take to bring itself into
compliance. If, within sixty (60) days after the effective date of notice from the
713471.1 12/11/2002 27
CITY specifying the manner in which the allegedly defaulting party has failed to
so comply, the allegedly defaulting party does not commence all steps
reasonably necessary to bring itself into compliance and thereafter diligently
pursue such steps to completion, then the allegedly defaulting party shall be
deemed to be in default under the terms of this Agreement and the CITY may
terminate this Agreement with respect solely to the allegedly defaulting party's
Property pursuant to Government Code Section 65865.1 or may seek specific
performance as set forth in Section 8.3.
8.2 Defaults by CITY. If OWNER determines on the basis of a
preponderance of the evidence that the CITY has not complied in good faith with
the terms and conditions of this Agreement, OWNER shall, by written notice to
the CITY, specify the manner in which the CITY has failed to so comply and state
the steps the CITY must take to bring itself into compliance. If, within sixty (60)
days after the effective date of notice from OWNER specifying the manner in
which the CITY has failed to so comply, the CITY does not commence all steps
reasonably necessary to bring itself into compliance as required and thereafter
diligently pursue such steps to completion, then the CITY shall be deemed to be
in default under the terms-of this Agreement and OWNER may terminate this
Agreement and, in addition, may pursue specific performance as set forth in
Section 8.3. OWNER shall not retain the right to seek, and hereby expressly
waives, the right to seek damages against CITY for any action or failure to act
under this Agreement.
8.3 Specific Performance Remedy. Due to the size, nature and
scope of the Project, it may not be practical or possible to restore the Property to
its natural condition once implementation of this Agreement has begun. After
such implementation, OWNER may be foreclosed from other choices it may have
had to utilize the Property and provide for other benefits. CITY and OWNER has
already invested significant time and resources and performed extensive
planning and processing of the Project in agreeing to the terms of this Agreement
and will be investing even more significant time and resources in implementing
the Project in reliance upon the terms of this Agreement, and it may not be
possible to determine the sum of money which would adequately compensate
OWNER for such efforts. For the above reasons, the CITY and OWNER agree
that damages may not be an adequate remedy if the CITY or OWNER fails to
carry out its obligations under this Agreement and that CITY or OWNER shall
have the right to seek and obtain specific performance as a remedy for any
breach of this Agreement. Notwithstanding the foregoing, if the CITY is
authorized by Section 8.4.1 to withhold an approval or permit upon a specified
condition being satisfied by OWNER in the future, and if OWNER then fails to
satisfy such condition, the CITY may be entitled to specific performance for the
sole purpose of causing that nonperforming party, and only that nonperforming
party, or any party with an obligation to so perform the condition, to satisfy such
condition. The CITY's right to specific performance shall be limited to those
circumstances set forth above, and the CITY shall have no right to seek specific
713471.1 12/11/2002 28
performance to cause OWNER or a Development Transferee to otherwise
proceed with the Development of the Project in any manner.
8.4 Institution of Legal Action. Any legal action hereunder shall be
heard by a reference from the Riverside County Superior Court pursuant to the
reference procedures of the California Code of Civil Procedure Sections 638, et
seq. OWNER and the CITY shall agree upon a single referee who shall then try
all issues, whether of fact or law, and report a finding and judgment thereon and
issue all legal and equitable relief appropriate under the circumstances of the
controversy before him. If OWNER and the CITY are unable to agree on a
referee within ten (10) days of a written request to do so by either party hereto,
either party may seek to have one appointed pursuant to the California Code of
Civil Procedure Section 640. The cost of such proceeding shall initially be borne
equally by the parties. Any referee selected pursuant to this Section 8.4 shall be
considered a temporary judge appointed pursuant to Article 6, Section 21 of the
California Constitution.
8.4.1 Effect of Noncompliance. Notwithstanding the foregoing,
to the extent the Development Plan Approval(s) expressly provide(s) that
Development of the Project or a portion thereof is directly dependent upon the
performance of material obligations assumed by OWNER or a Development
Transferee, which material obligations have not been performed, the CITY may,
in addition to any other remedy available to it, in its reasonable discretion,
withhold any permits and/or approvals, including, without limitation, certificates
of occupancy, with respect to those directly dependent portions of the Project
from OWNER and/or Development Transferee until such obligations have been
substantially performed.
8.5 Estoppel Certificates. CITY or OWNER may at any time deliver
written notice to the other party requesting an estoppel certificate (the "Estoppel
Certificate"). A party receiving a request for an Estoppel Certificate shall provide
a signed certificate to the requesting party within thirty (30) days after receipt of
the request. The City Manager or any person designated by the City Manager
may sign Estoppel Certificates on behalf of the CITY. Any officer or member of a
private party may sign on behalf of that party. An Estoppel Certificate is intended
to be relied on by assignees and mortgagees. If that one party requests an
Estoppel Certificate from the other, the requesting party shall reimburse the other
party for all reasonable and direct costs and fees incurred by such party with
respect thereto. The Estoppel Certificate shall address issues such as whether:
8.5.1 The Agreement is in full force and effect and is a binding
obligation of the parties.
8.5.2 The Agreement has been amended or modified either orally
or in writing and, if so amended, identifying the amendments.
713471.1 12/11/2002 29
8.5.3 A default in the performance of the requesting party's
obligations under the Agreement exists and, if a default does exist, the nature
and amount of any default.
9. Waivers and Delays.
9.1 No Waiver. Failure by a party to insist upon the strict performance
of any of the provisions of this Agreement by the other party, and failure by a
party to exercise its rights upon a default by the other party hereto, shall not
constitute a waiver of such party's right to demand strict compliance by such
other party in the future.
9.2 Third Parties. Non-performance shall not be excused because of
a failure of a third person, except as provided in Sections 9.3 or 9.4.
9.3 Force Maieure. A party shall not be deemed to be in default where
failure or delay in performance of any of its obligations under this Agreement is
caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar
hostilities, strikes and other labor difficulties beyond that party's control, action or
inaction by the CITY, which actions or inactions are breaches of any term of this
Agreement, judicial decisions, or litigation regarding the Development Plan
Approval(s) or Future Development Approvals or other similar events.
9.4 Extensions. The Term of this Agreement and the time for
performance by a party of any of its obligations hereunder or pursuant to the
other Development Plan Approval(s) shall be extended by the actual period of
time that any of the events described in Section 9.3 exist and/or prevent
performance of such obligations. Notwithstanding anything to the contrary herein,
the performance by CITY of its obligations shall not be delayed or extended by
the action or inaction of the CITY.
9.5 Notice of Delay. OWNER shall give prompt notice to the CITY of
any delay which OWNER anticipates or believes to have occurred as a result of
the occurrence of any of the events described in Sections 9.3 or 9.4. In no event,
however, shall notice of a delay of any length be given later than thirty days after
the end of the delay or ten (10) days before the end of the Term (unless the
cause of the delay arises during that time), whichever comes first.
10. Notices. All notices required or provided for under this Agreement shall
be in writing and delivered in person, sent by certified mail, postage prepaid,
return receipt requested or by Federal Express or other similar nationwide
overnight delivery service. Notices required to be given to the CITY shall be
addressed as follows:
713471.1 12/11/2002 30
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
Attention: Planning Director
With a copy to:
Richards, Watson & Gershon
Thirty-Eighth Floor
333 South Hope Street
Los Angeles, CA 90071-1469
Attention: Peter M. Thorson, City Attorney
Notices required to be given to OWNER shall be addressed as follows:
Ashby USA, LLC
470 E. Harrison Street
Corona, CA 92879
Attention: Richard Ashby
With a copy to:
Cox, Castle & Nicholson, LLP
19800 MacArthur Boulevard, Suite 600
Irvine, CA 92612-2435
Attn: Deborah Rosenthal, Esq.
Any notice given as required by Section 10 shall be deemed given only if in
writing and upon delivery as provided for in this Section 10. A party may change
its address for notices by giving notice in writing to the other party as required by
this Section 10 and thereafter notices shall be addressed and transmitted to the
new address.
11. Attorneys' Fees. If legal action is brought by any party against another
for breach of this Agreement, including actions derivative from the performance
of this Agreement, or to compel performance under this Agreement, the
prevailing party shall be entitled to an award of its costs, including reasonable
attorneys' fees, and shall also be entitled to recover its contribution for the costs
of the referee referred to in Section 8.4 above as an item of damage and/or
recoverable costs.
12. Recording. This Agreement and any amendment or cancellation hereto
shall be recorded, at no cost to the CITY, in the Official Records of Riverside
County by the City Clerk within the period required by Section 65868.5 of the
Government Code.
713471.1 12/11/2002 31
13. Effect of A.qreement on Title.
13.1 Effect on Title. OWNER and the CITY agree that this Agreement
shall not continue as an encumbrance against any portion of the Property as to
which this Agreement has terminated or released.
13.2 Encumbrances and Lenders' Ri.qhts. The mortgagee of a
mortgage or beneficiary of a deed of trust encumbering the Property, or any part
thereof, and their successors and assigns shall, upon written request to CITY, be
entitled to receive from CITY written notification of any default by OWNER of the
performance of OWNER's obligations under the Agreement which has not been
cured within the time frame established in Section 8.1 hereof.
13.2.1 Notwithstanding OWNER's default, this
Agreement shall not be terminated by CITY as to any mortgagee or beneficiary to
whom notice is to be given and to which either or the following is true:
(i) the mortgagee or beneficiary cures any default
by OWNER involving the payment of money within ninety (90) days after receipt
from CITY of the written notice of default;
(ii) as to defaults requiring title or possession of
the Property or any portion thereof to effectuate a cure: (i) the
mortgagee/beneficiary agrees in writing, within ninety (90) days after receipt from
CITY of the written notice of default, to perform the proportionate share of
OWNER's obligations under this Agreement allocable to that part of the Property
in which the mortgagee/beneficiary has an interest conditioned upon such
mortgagee's/beneficiary's acquisition of the Property or portion thereof by
foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the
mortgagee/beneficiary commences foreclosure proceedings to reacquire title to
the Property or applicable portion thereof within said ninety (90) days and
thereafter diligently pursues such foreclosure to completion, and (iii) the
mortgagee/beneficiary promptly and diligently commences to cure such Default
after obtaining title or possession.
13.2.2 Notwithstanding Section 13.2.1 of this Agreement, if
any mortgagee/beneficiary is prohibited from commencing or prosecuting
foreclosure or other appropriate proceedings including by any process of
injunction issued by any court or by reason of any action by any court having
jurisdiction of any bankruptcy or insolvency proceeding involving OWNER, the
times specified in Section 13.2.1 of this Agreement for commencing or
prosecuting foreclosure or other proceedings shall be extended for the period of
the prohibition.
13.2.3 Neither entering into this Agreement nor a breach of
this Agreement shall defeat, render invalid, diminish or impair the lien of any
713471.1 12/11/2002 32
existing or future mortgage or deed of trust on the Property made in good faith
and for value.
14. Severability of Terms. If any term, provision, covenant or condition of
this Agreement shall be determined invalid, void or unenforceable, the remainder
of this Agreement shall not be affected thereby if the tribunal finds that the
invalidity was not a material part of consideration for either Party the Agreement
as a whole. If the tribunal finds that the invalidity was a material part of the
consideration, this Agreement will terminate unless CITY and OWNER agree to
amend this Agreement as provided for herein. Upon a termination arising from
the application of this Section 14, each Party agrees the Specific Plan shall be
suspended as to all unpermitted development activity pending the CITY's
determination regarding repeal or modification of the same.
15. Subsequent Amendment to Authorizing Statute, This Agreement has
been entered into in reliance upon the provisions of the Development Agreement
Legislation in effect as of the Effective Date. Accordingly, subject to
Section 3.2.2 above, to the extent that subsequent amendments to the
Government Code would affect the provisions of this Agreement, such
amendments shall not be applicable to this Agreement unless necessary for this
Agreement to be enfomeable or required by law or unless this Agreement is
modified pursuant to the provisions set forth in this Agreement.
16. Rules of Construction and Miscellaneous Term,~.
16.1 Interpretation and Governin,q Law. The language in all parts of
this Agreement shall, in all cases, be construed as a whole and in accordance
with its fair meaning. This Agreement and any dispute arising hereunder shall be
governed and interpreted in accordance with the laws of the State of California.
The parties understand and agree that this Agreement is not intended to
constitute, nor shall be construed to constitute, an impermissible attempt to
contract away the legislative and governmental functions of the CITY, and in
particular, the CITY's police powers. In this regard, the parties understand and
agree that this Agreement shall not be deemed to constitute the surrender or
abnegation of the CITY's governmental powers over the Property or any decision
arising from the Agreement, directly or indirectly.
16.2 Section Headings. All section headings and subheadings are
inserted for convenience only and shall not affect any construction or
interpretation of this Agreement.
16.3 Gender. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, "may" is permissive.
16.4 No Joint and Several Liability. No breach hereof by OWNER or
Development Transferee shall constitute a breach by the non breaching party.
Any remedy, obligation, or liability, including but not limited to the obligations to
713471.1 12/11/2002 33
defend and indemnify the CITY, arising by reason of such breach shall be
applicable solely to the party that committed the breach. However, the CITY
shall send a copy of any notice of violation to all OWNERS and Development
Transferees, including those not in breach.
16.5 Covenant of Good Faith and Fair Dealin.q. No party shall do
anything which shall have the intentional effect of harming or injuring the right of
the other parties to receive the benefits provided for in this Agreement; each
party shall refrain from doing anything intentionally which would render its
performance under this Agreement impossible; and each party shall do
everything which this Agreement contemplates that such party shall do in order
to accomplish the objectives and purposes of this Agreement.
16.6 No Waiver of Vesting. Nothing in this Agreement shall be
construed as limiting or impairing any vested rights to proceed with the
Development or use of the Property arising independently from entitlements,
including those approved for the Project, issued by the CITY or others prior to,
concurrently with, or subsequent to the approval of this Agreement, Federal and
State Constitutions, statutes, or decisional law.
16.7 Time of Essence. Time is of the essence regarding each provision
of this Agreement of which time is an element.
16.8 Recitals. All Recitals set forth herein are incorporated in this
Agreement as though fully set forth herein.
16.9 Entire Agreement. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter hereof, and the
Agreement supersedes all previous negotiations, discussion and agreements
between the parties, and no parol evidence of any prior or other agreement shall
be permitted to contradict or vary the terms hereof.
17. Extension of Maps. In accordance with Government Code
Section 66452.6(a), any tentative map which relates to all or a portion of the
Property shall be extended for the greater of (i) the Term of the Agreement or
(ii) expiration of the tentative map pursuant to Section 66452.6.
18. Not for Benefit of Third Parties. This Agreement and all provisions
hereof are for the exclusive benefit of the CITY and OWNER and its assignees
pursuant to Section 2.5 and shall not be construed to benefit or be enforceable
by any third party.
713471.1 12/11/2002 34
19. Attachments. The following attachments are hereby incorporated by
reference as if fully set out in the body of this Agreement.
Attachments
Description
2.
3.
4.
5.
6.
Legal Description of the Property
Plat of the Property Described in Attachment 1
Zoning District Development Standards
Existing Regulations
On-Site and Off-Site Improvements
Recreation Amenities
20. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year dated below.
Dated: ,2002
"CITY"
CITY OF TEMECULA, a
municipal corporation
By:
Name:
Title: Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
713471.1 12/11/2002 35
Dated:
,2002
"OWNER"
Ashby USA, LLC, a California
Limited Liability Corporation
By: Ashby Development Company,
Inc, a California Corporation,
mber
J3y: -, ~
Name: Justin K. Ashby
Title: President
State of California )
) ss
County of Riverside )
On ~/(, ~_.~O.~q_be. fore ~ ~-~~ersonally
appeared ~ '~.,&~ ,~. ,,~..~/~.,j/' ' , personally ~nown to me or
proved to mb'on the basis of satisfactory'~vidence to be the person(s) whose
name(s)~Z~re subscribed to the within instrument and acknowledged to me that
(~_he/they executed the same in(~h, edtheir authorized capacity(les), and that
b~hedtheir signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature o~Notary ~1'
State of California )
) ss
County of Riverside )
On before me, , personally
appeared , personally known to me or
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(les), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature of Notary
713471.l 12/11/2002
36
ATTACHMENT "1"
(Legal Description of the Property)
713471.1 12/ll/2002 37
RORIPAUGH RANCH PROJECT
Metes and Bounds description of the North one-half of the North
one-half of Section 20 of T7S, R2W, S.B.M.
Beginning at the Northeast comer of said Section 20, thence along the easterly line of
said Section 20 South 0° 34' 31" W 1319.80 feet to the North Sixteenth comer thereof;
Thence along the Southerly line of the North one-half of the North one-half of said
Section 20 North 88°36'41" West, a distance of 5229.85 feet to the North Sixteenth
comer thereof; Thence along the West line of said Section 20 North 00026, 13" West, a
distance of 1319.23 feet to the Northwest comer thereof; Thence along the Northerly line
of said Section 20 South 88037'05'' East, a distance of 5233.02 feet to the Point of
Beginning, containing an area of 158.45 acres, more or less.
This description is for exhibit purposes only. The tree legal description is: The North
one-half of the North one-half of Section 20, Township 7 South, Range 2 West, San
Bemardino Base and Meridian, County of Riverside, State of California, according to the
Official Plat thereof.
RORIPAUGH RANCH PROJECT
Metes and Bounds description of Section 21 of T7S, R2W, S.B.M.
Beginning at the Northeast comer of said Section 21, thence along the easterly line of
said Section 21 South 0° 59' 15" West 2664.97 feet to the East quarter section comer;
thence continuing along said easterly line South 0° 21' 34" West 2636.07 feet to the
Southeast comer of said Section 21; thence along the Southerly line of said section North
89° 39' 13" West 5282.88 feet to the Southwest comer of said section; thence along the
westerly line of said section North 0° 33' 47" East 3809.86 feet to the North sixteenth
comer of said section; thence continuing along said westerly line North 0°34' 31" East
1319.80 feet to the Northwest section comer; thence along the northerly line of said
section North 88° 29' 37" East 5296.39 feet to the Point of Beginning, containing an area
of 632.2 acres, more or less.
This description is for exhibit purposes only. The true legal description is: Section 21,
Township 7 South, Range 2 West, San Bemardino Base and Meridian, County of
Riverside, State of California, according to the Official Plat thereof.
RORIPAUGH RANCH PROJECT
Metes and Bounds description of a portion of
Section 20 of T7S, R2W, S.B.M.
Commencing at thc North sixteenth comer of Section 20, Township 7 South, Range 2
West, San Beruardino Base and Meridian, being the Northeast coruer of that certain
parcel designated as "Not a Part" as shown by Parcel Map on file in Book 1, of Parcel
Maps, pages 44 through 46, thereof, Records of the County of Riverside, California;
thence along the easterly line of said Section 20 South 0° 33'47" W, a distance of 974.13
feet to the Tree Point of Beginning; Thence North 89°25'58" West, a distance of 929.81
feet more or less to the Easterly line of the land conveyed to the Metropolitan Water
District of Southern California by deed recorded April 24, 1968 aa Instrument No. 37774.
Official Records of said County; Thence along said Easterly line North 12032'09" East,
a distance of 762.69 feet; Thence on a line parallel with the South line of said parcel
designated as "Not a Part" South 89~25'58'' I~ast, a distance of 771.65 feet to the Tree
Point of Beginning, containing an area of 14.57 acres, more or less.
This description is for exhibit purposes only.
ATTACHMENT "2"
(Plat of the Property Described in Attachment 1)
713471.1 12/11/2002 38
]~' POINT OF BEGINNIN~.~
]'c~ S88D57'O5"E 5235.02'
N88'36'41 "W 5229.85'
~ POR. S~cC. 20, Y. 7S.,R.~W.,SBM
RIVERSIDE COUN'IY, CALIFORNIA 1
DAVIDphone: .v..v...v.EVANS CITY OF TI~£CULA
· ASHBO005
Am)A$8OCIATE$ ~-o. EXHIBIT RORIPAUGH RANCH
800 North Haven Avenue, Suite 300 PROJECT
Ontario California 91764 "B"
Qna.aRt.,~?Rn CLIENT: 12-10-02
ASHBY DEVELOPMENT
j~' /g N86'29'37'E 5296,39'
~ POINT OF BEGINNIN~
~0 i~ N89'39'13~ 5282.88'
R~RSIDE COUP, ~FORN~
1 OF 1
~ ~ DAVID EVANS C~ OF ~MECU~ ~.
ffi a.~ASSOOIATE8 ~.o. EXHIBIT RORIPAUGH RANCH
8~ No~ Haven Avenue, SuEe 300 PROJECT
P~ne: 909.~1.5750 CUE~: ~m12-1~2
N0.57774. O.R. REC D
4-24~68 J~ ~ I ~ POINT OF
/
/
R~IDE COUP, ~IFORN~
C~ OF ~MECU~
*.~A88001A~E8
ao0 No.h Hewn Ave.ue. Suite 300 PROJECT
OnlaHo CalEomia 917~
Phone: 909.481.5750 CUENT:
~H~ D~OPMENT
ATTACHMENT "3"
(Zoning District Development Standards)
713471.t 12/11/2002 39
SPECIFIC PLAN ZONING ORDINANCE
5.1
PURPOSE ANDINTENT
The zoning for the Specific Plan area is Specific Plan Overlay. This section of the Specific Plan
establishes zoning districts and land use regulations and standards that will control land use and
development in the land uses identified for the Specific Plan area. These regulations amend and
supersede the regulations of the Temecula Development Code. Where standards and regulations
are not specified in this Specific Plan, the requirements of the Temecula Development Code shall
provide the regulatory authority. This section also identifies the procedures to be used to review site
plans for development projects proposed within the Specific Plan area. Special standards for
residential development are also included here. The Site Planning and Amhitectural Design
Guidelines in Section 4.0 are intended to be used in conjunction with the zoning and development
standards stated here.
The following standards will serve as the primary mechanism for implementation of the land uses for
the Roripaugh Ranch Specific Plan. These regulations provide an appropriate amount of flexibility to
anticipate future needs and to achieve compatibility between land uses. Principal land uses for the
Specific Plan shall be as follows:
Residential Land Uses:
· Low Density (L) Single-Family Detached: (PA 10, 19, 20, 21, 33A and 33B)
· Low Medium (LM) Density Single-Family Detached: (PA 1A-4B, 16 - 18)
· Medium (M1) Density Single-Family Detached: (PA 23 and 24)
· Medium (M2) Density Single-Family Detached and Attached clustered: (PA 12, 14, 15, 22
and 31)
Commercial:
· Neighborhood Commercial: (PA 11)
Parks and Open Space:
· Private Recreation Centers (PA 5, 30)
· Private Mini-Park (PA lB)
· Parks (PA 6, 27)
· Open Space
· Habitat (OS1): (PA 8, 9A, 9B, and 13)
· Flood Control (OS2): (PA 7B, 7C, 25, 26, and portions of 14 and 27)
· Landscape Slope (OS3): (PA 7A and portion of 6)
Elementary and Middle School: (PA: 28 and 29)
Fire Station: (PA 32)
RoHpauQh Ranch Specific Plan 5-1
C:"~DOCUMENTS AND S~ I I INGS',NAASEHS~OCAL S ETTI NGS\TEM P~S PSECT5CCDOCU M ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.2
GENERAL PROVISIONS
This section of the development regulations states the general rules that must be observed by all
development projects in order to protect the public health, safety and welfare. These regulations
apply to all planning areas within the Roripaugh Ranch Specific Plan, unless otherwise specified.
1. Roripaugh Ranch Site Planning and Architectural Design Guidelines
All development within the Roripaugh Ranch Specific Plan area is subject to the policy
provisions of the Site Planning (Section 4.0) and Architectural Design Guidelines (Section 4.0)
adopted by ordinance of the Temecula City Council. The Design Guidelines in conjunction with
the development standards contained in this Specific Plan and those of the Temecula
Development Code shall regulate development within the Specific Plan area. The Design
Guidelines will be administered through the City of Temecula Planning Department. All
development within the Roripaugh Ranch Specific Plan area shall be subject to the Development
Standards in this section of the Specific Plan.
2. Code Compliance
All construction and development within the Roripaugh Ranch Specific Plan area shall comply
with applicable provisions of the Specific Plan, the Uniform Building Code and the various
related mechanical, electrical, plumbing and fire codes, water ordinance, grading and excavation
codes and subdivision codes, in effect in the City of Temecula at the time grading/building
permits are obtained.
3. Setback Requirements
The setback requirements are as specified within the standards identified in the plan for each
zoning district. If not otherwise specified, all setbacks shall be determined as the perpendicular
distance from the existing or planned street right-of-way line or property line, to the foundation
point of the closest structure.
4. Exceptions
If specific development standards have not been established or if an issue, condition or situation
arises or occurs that is not clearly understandable in the Specific Plan, then those regulations
and standards of the City of Temecula Development Code that are applicable for the most
similar use, condition or situation shall apply as determined by the Community Development
Director.
5. Enforcement
Enforcement of the previsions herein shall be in the manner specified in the Temecula Municipal
Code for zoning enforcement.
6. Unspecified Uses
Whenever a use has not specifically been listed as being a permitted use in a particular zone
classification within the Specific Plan, it shall be the duty of the Planning Director to determine if
said use is: (1) consistent with the intent of the zone; and (2) compatible with other listed
permitted uses. Any person aggrieved by the decision may appeal to the Planning Commission.
Roi'ipau~h Ranch Specific Plan 5-2
C:~DOCUMENTS AND SE.I I'INGS'~IAAS EHS~LOCAL SETrlNGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3
RESIDENTIAL DEVELOPMENT STANDARDS
The Roripaugh Ranch Specific Plan provides a mix of diverse housing products, including five
different housing types that fall within three of the City's General Plan residential designations:
Temecula General Plan
Specific Plan Deslqnation Residential Deslqnation
L (20,000 sq. ft.)
Single-Family (1-2 du/ac)
LM (5,000 and 6,000)
Single-Family (2-5 du/ac)
(Min. 5,000 sf lot size)
M1 and M2 (4,000 and NA)
Single-Family (7-12 du/ac)
Min. (standard) 4,000 sf lot size
Min. (clustered) 3,000 sf lot size for detached
Low Density Residential
Single-Family (.5-2 du/ac)
Low Medium Density Residential
Single-Family (3-6 du/ac)
Medium Density Residential
Single-Family (7-12 du/ac)
Ro~paugh Ranch Specific Plan 5-,3
C:"OOCUMENTS AND SET'rlNGS'~IAAS EH S%OCAL S ETTINGS\TEM P~S PS ECT5CCDOC U M ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.1 DESCRIPTION OF RESIDENTIAL DISTRICTS
LOW DENSITY RESIDENTIAL (L) - PLANNING AREAS NOS. 10, 19, 20, 21, 33A AND 33B
The Low Density Residential (L) zoning district is intended to provide for the development of single-
family detached homes on large lots with a unique character of development. Typical lot sizes in the L
zoning district will be a minimum of 20,000 square feet with 1 acre minimum lots along the exterior
perimeter of Planning Areas 19, 20, 21, and 33A. Private equestrian use will only be allowed on lots
one acre or larger adjacent to the multi-use trail in Planning Areas 19, 20, 21. Planning Area 33B
shall not be developed as a part of Roripaugh Ranch. This planning area shall eventually be
combined with the adjacent residential areas to the north.
LOW MEDIUM DENSITY (LM) - PLANNING AREAS NOS. lA, 2, 3, 4A, 4B, 16, 17 and 18
The Low Medium (LM) zoning district is intended to provide for the development of single-family
homes on lots of 5,000 square feet to 6,000 square feet. Planning Areas 1,2, 3, 4A, 4B, and 16 shall
have a minimum lot size of 5,000 sq. ft. Planning Areas 17 and 18 shall have a minimum lot size of
6,000 sq. ft.
MEDIUM DENSITY - STANDARD (M1) - PLANNING AREAS NOS. 23 AND 24
The Medium (M) zoning district is intended to provide for the development of single-family homes on
lots 4,000 minimum square feet.
MEDIUM DENSITY - CLUSTERED (M2) - PLANNING AREAS NOS. 12, 14, 16, 22 AND 31
The Medium (M) zoning district is intended to provide for the development of clustered single-family
developmer~t on minimum lot sizes of 3,000 sq. ft.
Ro~paugh Ranch Specific Plan 5.4
C:~DOCUMENTS AND S ETTIN G S~IAAS EHS~OCAI. SETTINGS\TEM P~S PS ECT5CCDOCU M ENT.OOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in one or more of the residential zoning
districts as indicated in the columns corresponding to each residential zoning district. Where indicated
with a letter "P", the use shall be a permitted use. Where indicated with a "-", the use is prohibited
within the zone. Where indicated with a letter "C", the use shall be conditionally permitted subject to
approval of a conditional use permit.
Table 5.1
Schedule of Permitted Uses - Residential Districts
Single-family detached P P P
Single-family attached P
Single-family zero lot line p p
Single-family attached greater than two units
Multiple family
Manufactured homes P p p p
Mobilehome park
Facilities for the mentally disordered, handicapped, or dependent or P P P P
neglected children (six or fewer)
Facilities for the menially disordered, handicapped, or dependent or
neglected children (seven to twelve)
Alcoholism or drug abuse recovery or treatment facility (six or fewer) P P P P
Alcoholism or drug abuse recovery or treatment facility (seven or more)
Residential care facilities for the elderly (six or fewer) P P P P
Residential care facilities for the eldedy (seven or more)
Congregate care residential facilities for the elderly
Boarding, rooming and lodging facilities
Secondary dwelling units as defined by City Development Code P P
Granny Flat p p
· Family day care homes-small (four or fewer) P P P P
Family day care homes-largeI C C
Day care centers C C
Bed and breakfast establishments
Emergency shelters
Transitional housing
Nonresidential
Roripaugh Ranch Specific Plan 5-5
C:~DOCUMENTS AND S ETTINGS~"~AAS EH S~LOCAL SETFINGS\TEM I:~SP S ECT5CCDOC UM ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Agricultural/open space uses
Religious institutionss ._~ C C C C
Utility facilities C C C C
Educational institutions
Public libraries
Public museums and art galleries (not for profit)
Kennels and catteries
Non commercial keeping of horses P4
Temporary real estate tract offices P P P P
Recreational Vehicle Storage Yards
Pa~king for commemial uses
Nonprofit clubs and lodge halls
Convalescent facilities
Golf Courses
Home occupations P P P P
Construction Trailers3 P P P P
1. A CUP processed for large family day cars homes is subject to Health and Safety Code Section 1597.46(a)(3). In
accordance therewith, notice of the application being tiled shall be mailed to surrounding property owners within one
hundred feet only and the notice shall indicate that unless a request for a hearing is made by such surrounding properly
owner or other "affected person', the CUP will issue within twenty days of the notice, if a hearing Is requested, the
planning department shall schedule such hearing within thirty days of the request and the hearing shall be held within
thirty days of being scheduled.
2. Allowed only within a single-family residence.
3. The Planning Director shall have the discretion to waive submittal of an Administrative Development Plan if it is
determined that the construction bailer will not have an adverse impact on adjacent residences or businesses.
4. The keeping of homes shall only be permitted in Planning Areas 19, 20 and 21 on lots abutting the multi-use trail. No
more than Iv~ (2) horses and one ( 1 ) offspring up to six (6) months of age may be kept on each one acre lot. All horses
shall be kept in a stslVcoral (12' x 12' for each horse) located a minimum distance of fifty (50) feet from neighboring
dwellings, ten (10) feet from the main dwelling on the lot and ten (10) feet from the side or rear property line.
5. Religious institutions shall not be permitted in Planning Areas 1 A, 2, 3, 4A and 4B
Roripaul~h Ranch Specific Plan 5-6
C:'~DOCUMENTS AND St= i I ~NGS~IAASEHS~OCAL SETTINGS\TEMF~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.3.3
DEVELOPMENT STANDARDS
In the Low (L), Low Medium (LM) and Medium (M) Zones are as follows:
Table 5-2
Development Standards - Residential Districts
Residential Development L LM LM M1 M2
Standards 20,000 5,000 6,000 4,000
(Minimum Lot Size in Feet)
Planning Area 10, 19, 20, lA, 2, 3, 17 and 18 23 and 24 12, 14, 15, 22
21, 33A 4A, 4B and 31
and 33B and 16
Minimum gross lot ama 20,000 5,000 6,000 4,000 3,000
(square feet) 1 acre*
-* Lots in PA 19, 20 and
21 that abut eestem and
southern property
boundary shall be a
minimum of I acre.
Thirty (30) foot fuel
modification zone shall not
be included in lot area.
Dwelling units per net acre 1.2 du/ac 5.2 du/ac 4.0 du/ac 6.1 du/ac 10.1 du/ac
Minimum lot frontage at 30 ft. 25 ft. 25 ft. 25 ft. NA
front property line
Minimum lot frontage for a 25 ft. 20 ft. 20 ft. 20 ft. NA
flag lot at front property line
Minimum width at required 50 ft. 40 ft. 40 ft. 40 ft. NA
front yard setback' area
Minimum lot width 60 ft.* 40 ft. 40 ft. 40 ft. 40 ft.
* For both 20,000 sq. ft. lots
and 1 acre lots shall be
substantially the same.
Minimum lot depth 90 ft. 80 ft. 80 ft. 80 ft. NA
Minimum front yard setback 25 ft. 10 fl 10 ft. 10 ft. 10 ft.
- Front entry garages 18 ft. 18 ft. 18 ft. 18 ft. 18 ft.
- Side entry garages 10 ff. 10 ft. 10 ft. 10 ft. 10 ft.
- Lots abutting Murrieta
Hot Spdngs between
Pourroy Rd. and the MWD
easement may be reduced
by three (3) feet.
Minimum comer side yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft.
setback
Setbacks for lots abutting
Murrieta Hot Springs
between Pourroy Rd. and
the MWD easement may be
reduced by three (3) feet.
*Minimum intedor side yard 10 ft. 5 ff. 5 ft. 5 ft. 5 ff.
setback
Roripaugh Ranch Specific Plan 5-7
C:~)C)CUMENTS AND S ETTINGS~ASEHS~.OCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Table 5-2
Development Standards - Residential Districts
Residential Development L LM LM M (Standard) M
Standards 20,000 5,000 6,000 4,000 (Clustered)
(Minimum Lot Size in Feet)
Minimum rear yard setback 20 ft. 20 ft. 20 ft. 15 It. 15 ft.
- Setbacks for lots abutting 25 It.
Planning Area 7A along the
southern property line shall
have a 25' minimum rear
yard setback.
- Lots abutting
Multi-use trail in 50 It.
PA 19, 20 and 21.
- Setbacks for lots abutting
Murrieta Hot Springs
between Pourroy Rd. and
the MWD easement may be
reduced by staff by three (3)
feet.
Planning Area 10; 19, 20, 1, 2, 3, 17 and 18 23 and 24 12, 14, 15, 22
21, 33A 4A, 4B and 31
and 33B and 16
Maximum height 2 2 stories, 2 2 2 Y2 2 ½ 2 ½
35 feet stories, 35 stories, 35 stories, 35 stories, 35
feet feet feet feet
MaXimum percentage of lot 50% 60% 60% 60% 60%
coverage
Minimum Garage Size 20' x 20' 20' x 20' 20' x 20' 20' x 20' 20' x 20'
(interior space)
* Fireplaces may project not more than two (2) feet into the side yard setback provided the width of the fireplace does not
exceed eight (8) feet in width.
Rodpaugh Ranc~ Specific Plan 5-8
C:~DOCUMENTS AND SI= I IINGS~J~ASEHSU-OCAL S= I ~ ~NGS~TEMP~SPSECT5CCDOCUM ENT.DOC November. 2002
SPECIFIC PLAN ZONING ORDINANCF
5.4 NEIGHBORHOOD COMMERCIAL (PLANNING AREA 11)
5.4.1 DESCRIPTION OF NEIGHBORHOOD COMMERCIAL
Neighborhood Commercial (Planning Area No. 11), will include a variety of different types of land uses. Uses
within this planning area include smaller-scale business activities which generally provide retail and/or
convenience services for residents within Roripaugh Ranch. The following are site planning guidelines relating
to Planning Area No. 11.
5.4.2 USE REGULATIONS
The list of land uses in Ihe following table shall be permitted in the neighborhood commercial zoning district.
Where indicated with a letter "P", the use shall be a permitted use. Where indicated with a ?, the use is
prohibited within the zone. Where indicated with a letter "C", the use shall be conditionally permitted subject to
approval of a conditional use permit.
Table 5-3
Schedule of Permitted Uses - Neighborhood Commercial Center (PA-11)
Description of Use
NC
A
Adult business subject to Chapter 5.08 of the Temecula Municipal Code
Aembics/dance/gymnastics/jazzemise/martial arts studios (less than 5,000 sq. ft. P
Aembics/dance/gymnaslics/]jazzemise/martial arts studios (greater than 5,000 sq. ft. P
Alcoholism or drug treatment facilities
Alcohol and drug treatment (outpatient)
Alcoholic beverage sales C
Ambulance services
Animal hospital/shelter
Antique restoration
Antique sales (Less than 5,000 sq. ft.) p
Apparel and accessory shops p
Appliance sales and repairs (household and small appliances) P
Arcades (pinball and video games)
Art supply stores p
Auction houses
Auditoriums and conference facilities C
Automobile dealers (new and used)
Automobile sales (brokerage)- showroom only (new and used)mo outdoor display
Automobile repair services
Automobile rental
Rorij)augh Ranch Specific Plan 5-9
C:~DOCUMENTS AND St-; ~iNGS'~iAASEHS~OCAL SETRNGS\TEMF~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Automobile painting and body shop
Automobile service stations with alcoholic sales
Automotive service stations (not selling beer and/or wine) with or without an automated P
car wash
Automobile parts-sales C
i Automobile oil change/lube services with no major repair C
B
Bakery goods distribution
Bakery retail P
Bakery Wholesale
Banks and financial institutions P
Barber and beauty shops P
Bed and breakfast
Bicycle (sales, rentals, services) P
Billiard pador/poolhall
Binding of books and similar publications
Blood bank P
Blueprint and duplicating and copy services P
Bookstores P
Building materials sales (with the exterior storage/sales areas greater than 50 percent
of total sales area)
Building materials sales (with the exterior storage/sales areas greater than 50 pement
of total sales area)
Butcher shop P
C
Cabinet shop
Cabinet shops under 20,000 sq. ft.- no outdoor storage
Camera shop (sales/minor repairs) P
Candy/confectionery sales P
Car wash, full service/serf servica
Carpet and rug cleaning
Catering services P
Clothing sales P
Coins, purchase and sales P
Rofipau~lh Ranch Specific Plan 5-10
C:~;)OCUMENTS AND SI= I I INGS~JAASEHS~..OCAL S ETTIN G S\TEM P~SPSECTSCCDOC U MENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Communications and microwave installations '
Communications equipment sales~ C
Community care facilities C
Computer sales and services P
Congregate cam housing for the elderly 2 C
Construction equipment sales, services or rental
Contractor's equipment, sales, service or rental
Convenience market
Costume rentals P
Crematoriums
Cutlery P
D
Data processing equipment and systems
Day care canters P
Delicatessen P
Discount/department store P
Distribution facility
Drug store/pharmacy P
Dry cleaners P
Dry cleaning plant
E
Emergency shelter
Equipment sales and rentals (no outdoor stprege) P
Equipment sales and rentals (outdoor storage)
F
Feed and grain sales
Financial, insurenca, real estate offices P
Fire and police stations P
Floor covering sales P
Florist shop P
Food processing
Fortunetelling, spiritualism, or similar activity P
Freight terminals
Roripau~h Ranch Specific Plan 5-11
C:'~OCUMENTS~AND SE'r'rlNGS~NAAS EH S~LOCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Fuel storage and distribution
Funeral parlors, mortuary
Furniture sales (Less than 10,000 sq. ff.) P
Furniture transfer and storage
G
Garden supplies and equipment sales and service
Gas distribution, meter and control station
General memhandise/retail stores less than 10,000 sq. ft. P
Glass and mirrors, retail sales P
Government offices P
Grocery store, retail P
Grocery store, wholesale
Guns and firearm sales
H
Hardware stores P
Health and exercise club P
Health food store P
Health care faci!ity P
Heliport
Hobby supply shop P
Home and business maintenance service
Hospitals
Hotels/motels
I
Ice cream parlor P
Impound yard
Interior decorating service P
J
Junk or salvage yard I
K
Kennel
Roripaugh Ranch Specific Plan 5-12
CN~OCUMENTS AND SE'FI'lNG S'~XIAAS EHS~OCAL St ~ ~NGS~TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
L
Laboratories, film, medical, reseamh or testing centers
Laundromat p
Laundry service (commemial)
Libraries, museums, and galleries (private) C
Liquid petroleum, sales and distribution
Liquor stores C
Lithographic service
Locksmith P
M
Machine shop
Machinery storage yard
Mail order business P
Manufacturing of products similar to, but not limited to the following:
Custom-made product, processing, assembling, packaging, and fabrication of goods,
within enclosed building (no outside storage), such as jewelry, furniture, art objects,
clothing, labor intensive manufacturing, assembling, and repair processes which do nor
involve frequent truck traffic.
Compounding of materials, processing, assembling, packaging, treatment or fabrication of
materials and products which require frequent truck activily or the transfer of heavy or
bulky items. Wholesaling, storage, and warehousing within enclosed building, freight
handling, shipping, truck services and terminals, storage and wholesaling from the
premises of unrermed, raw or semi-refined products requiring further processing and
manufacturing, and outside storage.
Uses under 20,000 sq. fl. with no outside storage
Massage 3 p
Medical equipment sales/rental P
Membership clubs, organizations, lodges . C
Mini-storage or mini-warahouse facilities
Mobilehome sales and services
Motion picture studio
Motorcycle sales and service
Movie theaters C
Musical and recording studio
Nightclubs/taverns/bars/dance club/teen club
5-13
Roripaugh Ranch Specific Plan
C:~DOCUMENTS AND SI: I IINGS~IAASEHS~.OCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Nurseries (retail)
Numing homes/convalescent homes C
0
Office equipment supplies, sales/services P
Offices, administrative or corporate headquarters with greater than 50,000 sq. ft.
Offices, professional services with less than 50,000 sq. ft., but not limited to, business P
law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate,
insurance
P
Paint and wallpaper stores P
Parcel delivery services
Parking lots and parking structures C
Pawnshop
Personal service shops p
Pest control services
Pet grooming/pet shop P
Photographic studio P
Plumbing supply yard (enclosed or unenclosed)
Postal distribution
Postal services P
Printing and publishing (newspapers, periodicals, books, etc,,)
Private utility facilities (Regulated by the Public Utilities Commission) P
Cl
Reserved
R
Radio and broadcasting studios, offices
Radio/television transmitter
Recreational vehicle parks
Recreational vehicle sales
Recreational vehicle, trailer, and boat storage within an enclosed building
Recycling collection facilities P
Roripaugh Ranch Specific Plan 5-14
C:~OOCUMENTS AND Sic I I iNGS~IAASEHS~OCAL S E'r'FINGS'~TEM P~S PS ECTSCCDOCU M ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
Recycling processing facilities
Religious institution, without a daycare or private school C
Religious institution, with a private school C
Religious institution, with a daycare C
Restaurant, drive-in/fast food C
Restaurants and other eating establishments p
Restaurants with lounge or live entertainment C
Rooming and boarding houses
S
Sc, ale, public
Schools, business and professional C
Schools, private (kindergarten through Grade 12) C
Scientific research and development offices and laboratories
Solid waste disposal facility
Sports and recreational facilities C
Swap meet, entirely inside a permanent building
Swap meet, outdoor
Swimming pool supplies/equipment sales p
T
Tailor shop p
Taxi or limousine service
Tire sales
Tobacco shop p
Tool and die casting
Transfer, moving and storage
Transportation terminals and stations C
Truck sales/rentals/service
TV/VCR repair p
U
Upholstery shop
Roripau~h Ranch Specific Plan 5-15
C:*~DOCUMENTS AND SETTING S'~IAAS EHS'd_OCAL SETI'INGS~TEMP~PSECT5CCDOCUMENT,DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
V
Vending machine sales and services
W
Warehousing/distribution
Watch repair P
Wedding chapels
Welding shop
Welding supply and service (enclosed)
Y
Reserved I
Z
Reserved J
1. Subject to the provisions contained in Section 17.40 of the City of Temecola Development Code
2. Subject to the pmvisions contained in Section 17.06.050.H of the City of Temecula Development Code
3. Subject to the provisions contained in Section 5.22 of the City of Temecula Municipal Cede
Roripaugh Ranch Specific Plan 5-16
C:~DOCUMENTS AND SET'FINGS~NAASEHS~LOCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.4.3 DEVELOPMENT STANDARDS
The following standards of development shall apply in the Neighborhood Commemial:
Table 5-4
Development Standards - Neighborhood Commercial
(Commercial Uses - PA 11)
Minimum gross area for site 2 acres for common lot centers,
30,000 square feet for single lots
Target floor ama ratio .3
Maximum floor ama ratio with intensity bonus as per Section .50
17.08.050
Front yard adjacent to street:
- Butterfield Stage Road/Murrieta Hot Springs Road 20 feet; structure & parking
- "A" and "B" Street 20 feet, structure & parking
Yard adjacent to residentially zoned property 25 feet, structure & parking
Accessory structure side/mar yard setback 10 feet
Minimum building separation:
- One story: 10 feet
- Two stories: 15 feet
- Throe stories or mom: 20 feet
Maximum building height 50 feet
Maximum percent of lot coverage 30%
Minimum required landscaped open space 20%
Fence, wall or hedge screening outdoor storage maximum height 6 feet
Minimum building setback separation:
- Two stories: 15 feet
- Throe stories or mom: 20 feet
Roripau~lh Ranch Specific Plan 5-17
C:~DOCUMENTS AND SETTING S~NAAS EHS~.OCAL SETTINGS\TEMP~S PS EC3'5CCDOCU M ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.5
5.5.1
PARKS AND OPEN SPACE (Planning Areas Nos. lB, 5, 6, 7A, 7B, 7C, 8, 9A, 9B, 13, 27, 25, 26 and 30)
DESCRIPTION OF PARKS AND OPEN SPACE
Parks (P) and Open Space (OS) zoning distdct is intended to promote a wide range of public and private
recreational uses in the community. These uses include community facilities, golf courses, health clubs, public
parks and recreation areas, sports parks, or other outdoor athletic facilities and similar outdoor commemial
recreational uses.
5.5.2 USE REGULATIONS
The list of land uses in the following table shall be permitted in one or more of the park and open space zoning
district as indicated in the columns corresponding to each zoning district. Where indicated with a letter "P", the
use shall be a permitted use. Where indicated with a ?, the use is prohibited within the zone. Where indicated
with a letter "C", lhe use shall be conditionally permitted subject to approval of a conditional use permit.
Table 5-5
Schedule of Permitted Uses - Parks and Recreational Uses
P P OS~ OS= OS=
Schedule of Uses
(Private) (Public)
lB, 5
Planning Area and 30 6 and 27 8, 9A, 7B, 7C, Portions
9B, and 25 and of 6 and
13, 26 7A
Agricultural Uses
Athletic Field P P
Bicycle paths P P P P
Campground
Caretakers quarters
Cemeteries, mausoleums and related uses
Game courts, badminton, tennis, racquetball P P
Golf driving range not part of a golf course
Golf course and clubhouse
P P
Govemment and public utility facilities C C P P
Gymnasium p P
Microwave antenna/tower~
Nature centers/exhibits
Nurseries
P P
Group Picnic Facilities
Private parks and recreation facilities p p p P
Parking areas P P
Roripau{:Jh Ranch Specific Plan 5-18
C:~DOCUMENTS AND SETTING S'~IAAS EHS~I.OCAL St= I IINGS\TEMP~SPSECT5CCDOCUMENT.DOC November. 2002
SPECIFIC PLAN ZONING ORDINANCE
Public parks and recreational facilities P P p p
Recreational vehicle park
Riding stable, public or private
Shooting galleries, ranges, amhery courses
Single-family dwellings
Tree Farms
1. See Zoning Appendix of Development Code 17.40 for antenna informalion.
Rodpau~h Ranch Specific Plan 5-19
C:'~DOCUMENTS AND St- i ~NGS~IAASEHS~_OCAL SETrlNGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.5.3 DEVELOPMENT STANDARDS
In the Parks and Open Space districts development standards are as follows:
Table 5-6
Development Standards - Parks and Open Space Standards
Development Standards I P I OS
Planning Area lB, 5, 6, 27 and 7A, 7B, 7C, 8,
31 9A, 9B, 13, 25
and 26
Minimum lot size 10,000 sq. ft.
Maximum lot coverage 25%
Maximum height 35 feet~
Floor ama ratio .1
Setback from parking structure 25 feet
Setback from parking structure 25 feet
Minimum open space/landscaping 75% 100%
1. Excludes light poles and communication facilities.
Rofipaugh Ranch Spedflc Plan · 5-20
C:~DOCUMENTS AND St= I I INGS'~IAASEHS~.OCAL S ETTINGS\TEM P~SPS ECT5CCDOCU M ENT.DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.6 PUBLIC/INSTITUTIONAL DISTRICTS (PLANNING AREAS 28 AND 29)
5.6.1 DESCRIPTION OF SCHOOL DISTRICT AND PUBLIC INSTITUTIONAL DISTRICT
The purpose c~f this district is to facilitate the construction of an Elementary School site and Middle
School site. Planning Area 28 will be developed as a Middle School site and Planning Area 30 will be
developed as an Elementary School site.
5.6.2 USE REGULATIONS
Planning Areas 28 and 29 shall only be designated to be used as a Middle School site and an Elementary
School site, respectively.
Roripaugh Ranch Sp~cific Plan 5-21
C:~DOCUMENTS AND S ETTINGSV, JAAS EH S~.OCAL S ETTIN GS\TEM P~S PSECTSCCDOCU M ENT. DOC November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.7 PUBLIC INSTITUTIONAL (PLANNING AREA 32)
5.7.1 DESCRIPTION OF PUBLIC INSTITUTIONAL (FIRE STATION)
The purpose of this district is to facilitate construction of public and quasi-public uses in appropriate areas of the
city. Planning Area 31 will be developed as a fire station on a 1.5 acre site.
5.7.2 USE REGULATIONS
Planning Area 31 shall only be designated as a Fire Station.
Roripaugh Ranch Specific Plan 5-22
C:tDOCUMENTS AND SI= I I iNGS*~NAASEHS~.OCAL SI= I I iN G S\TEM P¥S PSECTSCCDOCU M ENT.DOC 'November, 2002
SPECIFIC PLAN ZONING ORDINANCE
5.8 PARKING REQUIREMENTS
Refer to Chapter 17.24 of the City Development Code for parking requirements.
Ro~ipaugh Ranch Specific Plan 5-23
C:~DOCUMENTS AND S E3'I'ING S',a'NAASEH S~OCAL SETTINGS\TEMP~SPSECT5CCDOCUMENT.DOC November, 2002
ATTACHMENT "4"
(Existing Regulations)
713471.1 12/11/2002 40
Attachment No. 4
EXISTING REGULATIONS
2.
3.
4.
4.
5.
6.
7.
8.
City General Plan
The Development Code (Title 17 of the Temecula Municipal Code)
The Subdivision Ordinance (Title 16 of the Temecula Municipal Code)
Citywide Design Guidelines
Habitat Conservation Ordinance
Mount Palomar Lighting Ordinance
Uniform Building Code, as locally adopted
Uniform Fire Code, as locally adopted
Standard Drawings for Public Works Construction
713471.1 12/11/2002 41
ATTACHMENT "5"
(On-Site and Off-Site Improvements)
713471.1 12/1t/2002 42
ATTACHMENT '5"
ON-SITE AND OFF-SITE IMPROVEMENTS
The following shall be used to construct the improvements included in this Attachment:
(a) All proposed road improvements shall include associated flood control, storm
drain, water, and sewer lines;
(b) All references to bridges shall mean hydro-arch bridges or other designs as
approved by the City Engineer;
(c) Full-width improvements shall consist of the complete street and landscape
improvements with the right-of-way;
(d) Half-width improvements shall consist of the construction of the improvements
from curb to the raised landscaped median, the full-width raised landscaped
median, where applicable, and a travel lane adjacent to the median on the
unimproved half;
(e) On center improvements shall mean
a. A 38' width improvement consisting of two 14' travel lanes and a 10' turn
lane, or
b. A 40' width improvement consisting of two 14' travel lanes and a 12' turn
lane.
PHASE 1 (Planning Areas 1-4B, 6, and 32)
Onsite
Prior to issuance of the 34th building permit, the following improvements shall be
completed:
1. Secondary Access - Provide secondary access for each Planning Area to
existing Murrieta Hot Springs Road.
Prior to issuance of the '108th building permit or as otherwise specified in the
Development Agreement, the following improvements shall be completed:
2. Butten~eld Stage Road - Construct half-width improvements from Murrieta Hot
Springs Road to the south project boundary at Planning Area 32, including
construction of two full-width bridges within and over Santa Gertrudis Creek and
Long Valley Wash.
3. Buttedield Stage Road - Dedicate full-width right-of-way from the northern project
boundary to Murrieta Hot Springs Road.
713471.1 12/11/2002 43
Murrieta Hot Springs Road - Construct full-width improvements from east of
Pourroy Road at the northern project boundary to the MWD pipeline property.
Murrieta Hot Springs Road - Construct half-width improvements from the MWD
pipeline property to Butterfield Stage Road.
Nicolas Road - Offer a dedication for a 110' right-of-way from Butterfield Stage
Road to the west project boundary.
Nicolas Road - Construct northerly half-width plus 10 feet from Butterfield Stage
Road to the western project boundary.
South Loop Road - Construct southerly half-width in front of fire station (Planning
Area 32).
Prior to issuance of the 400~h building permit, the foflowing improvements shall be
completed:
"A" Street - Construct full-width from Murrieta Hot Springs Road to Butterfield
Stage Road.
10. "B" Street - Construct full-width improvements from Nicolas Road to "A" Street.
11.
North Loop Road - Construct a full-width bridge over and within Santa Gertrudis
Creek and connect the bridge to Butterfield Stage Road with full width
improvements.
12.
Construct the following traffic signals and related intersection improvements:
a. Traffic signal at the intersection of Pourroy Road and Murrieta Hot
Springs Road.
b. Traffic signals may be required, as warranted, at the two other project
entrances from Murrieta Hot Springs Road located to the east and west of
the Pourroy Road main project entrance.
Offsite
Prior to the issuance of the 1st building permit, the following improvements shall be
completed:
1. North General Kearney Road at Nicolas Road traffic signal with the ultimate lane
configurations of:
a. Northbound N General Kearney Rd: 1 Through Lane, 1 Right Turn Lane.
b. Southbound N General Kearney Rd: I Shared Left, 1 Through lane,
Right Turn Lane.
c. Eastbound Nicolas Rd: 1 Left Turn Lane, 2 Through Lanes, 1 Right Turn
Lane.
713471.1 12/11/2002 44
d. Westbound Nicolas Rd: 1 Left Turn Lane, 2 Through Lanes, 1 Right Turn
Lane.
These improvements are in addition to the existing improvements and lane
configurations and shall supplement not replace existing turning movements.
Prior to the issuance of the '108th building permit or as otherwise specified in the
Development Agreement, the following improvements shall be completed:
Nicolas Road - Construct 40' width on center improvements from the western
project boundary to 450' east of the existing Nicolas Road/Calle Girasol
intersection.
Secondary Access - The required secondary access for the Plateau area shall be
provided by one of the following options:
If Nicolas Road is designated as the secondary access route, the
following improvements shall be completed:
Construct 40' width on center improvements from 450 feet east of
the existing Nicolas Road / Calle Girasol intersection to Liefer
Road including the full width bridge structure over and within
Santa Gertrudis Creek.
ii.
Realign existing Calle Girasol to its ultimate intersection with
Nicolas Road including right-of-way acquisition.
If Calle Chapos from Butterfield Stage Road to Walcott Lane and Calle
Girasol from Walcott Lane to the existing Nicolas Road / Calle Girasol
intersection is designated as secondary access, the following
improvements shall be completed:
Calle Chapos from Butterfield Stage Road to WaIcott Lane -
Construct 38' width on center improvements to existing pavement.
ii,
Calle Girasol from Walcott Lane to the existing Nicolas Road/Calle
Girasol intersection Construct 38' width on center improvements,
as required by the City Fire Chief and City Engineer (including
right-of-way acquisition and horizontal curve realignment), on
Calle Girasol from Walcott Lane to the existing Nicolas Road/Calle
Girasol intersection.
If Butterfield Stage Road from the southern project boundary to Rancho
California Road is designated as secondary access, construct half width
improvements from the southern project boundary at Planning Area 32 to
Rancho California Road, excluding any existing improvements.
The Developer shall contribute an undetermined percentage of the total
construction costs for traffic signals for the lane improvements at Murrieta Hot
Springs Road and Alta Murrieta in the City of Murrieta including improvements to
be specified. The developer shall provide the City of Temecula with a letter from
713471.1 12/11/2002 45
the City of Murrieta stating that a fair share contribution to identified
improvements at this intersection has been made.
The Developer shall contribute 5.8% of the total construction costs for the traffic
signal and additional improvements identified as: southbound left turn lane,
southbound right turn lane, eastbound through lane, eastbound right turn lane,
westbound through lane, and westbound free right turn lane at 1-215 Freeway
(Southbound Ramps) at Murrieta Hot Springs Road.
PHASE 2 (Planning Areas 10, 11, 12, 14 - 24, 27 - 31, 33A, and 33B)
Prior to the issuance of any building permit in Phase 2, the following improvements must
be completed:
Onsite
Butterfield Stage Road - Construct remaining half-width improvements from
Murrieta Hot Springs Road to the south project boundary at Planning Area 32,
including construction of two full-width bridges within and over Santa Gertrudis
Creek and Long Valley Wash.
Murrieta Hot Springs Road - Construct remaining half-width improvements from
the MWD pipeline property to Butterfield Stage Road.
North Loop Road - Construct full-width improvements from the bridge structure at
North Loop Road/Santa Gertrudis Creek crossing to the Long Valley Wash
Bridge structure at South Loop Road.
South Loop Road - Construct the full width bridge structure crossing Long Valley
Wash and construct full width street improvements from this bridge to Butterfield
Stage Road.
Nicolas Road - Construct remaining improvements from Butteffield Stage Road
to western project boundary.
Offsite
The developer shall construct the following traffic signals and related intersection
improvements:
[
a. Murrieta Hot Springs Road at Butterfield Stage Road.
b. Nicolas Road at Butteffield Stage Road.
c. Calle Chapos at Butterfield Stage Road.
Butterfield Stage Road - Construct full width improvements from the southern
project boundary at Planning Area 32 to Rancho California Road excluding any
existing improvements. (City has agreed to use an expected $2.7 million grant to
assist in the construction of this segment.)
71347L1 12/11/2002 46
Nicolas Road - Construct 40' width improvements from 450 feet east of the
existing Nicolas Road/Calle Girasol intersection to Liefer Road including the full
width bridge structure over Santa Gertrudis Creek.
Calle Girasol and the Nicolas Road ! Calle Girasol intersection - Realign existing
Calle Girasol to its ultimate intersection with Nicolas Road including right-of-way
acquisition.
Calle Chapos - Construct 38' width on center improvements from Butterfield
Stage Road to the existing paved terminus at Walcott Lane.
Winchester Road at Nicolas Road traffic signal to be constructed with the
following ultimate lane configurations:
a. Northbound Winchester: 2 Left Turn Lanes, 4 Through Lanes, 1 Free
Right Turn Lane.
b. Southbound Winchester: 2 Left Turn Lanes, 4 Through Lanes, 1 Right
Turn Lane.
c. Eastbound Nicolas Road: 1 Left Turn Lane, 1 Through Lane, 1 Right
Turn Lane.
d. Westbound Nicolas Road: 3 Left Turn Lanes, 1 Through Lane, 1 Right
Turn Lane.
These improvements are in addition to the existing improvements and lane
configurations and shall supplement not replace existing turning movements.
Butterfield Stage Road at Rancho California Road traffic signal with the ultimate
lane configurations of:
a. Northbound BSR: 1 Left Turn Lane, 2 Through Lanes
b. Southbound BSR: 1 Left Turn Lane, 2 Through Lanes
c. Eastbound RCR: 2 Left Turn Lanes, 2 Through Lanes
d. Westbound RCR: 1 Left Turn Lane, 2 Through Lanes
These improvements are in addition to the existing improvements and
lane configurations and shall supplement not replace existing turning
movements. (City has agreed to use an expected $2.7 million grant to assist in
the construction of this segment.)
The Developer shall contribute 11.1% of the total construction costs for traffic
signals and northbound through lane, southbound through lane, and westbound
through lane improvements at Murrieta Hot Springs Road and Winchester Road.
713471.1 12/tl/2002 47
The Developer shall contribute 12.4% of the total construction costs for traffic
signal and northbound shared left-through lane, eastbound through lane, and
westbound through lane for Murrieta Hot Springs Road and Margarita Road.
713471.l 12Ill/2002 48
ATTACHMENT "6"
(RECREATION AMENITIES)
713471.t 12/11/2002 49
ATTACHMENT 6
RECREATION AMENITIES
In addition to the trail, park and recreation amenities described in the Specific
Plan, the following items shall also be provided.
The staffed entry gates shall contain all the amhitectural details and
materials shown to the City Council at the November 26, 2002 public
hearing on this project. These details and materials shall include the
cupolas and brass features represented by OWNER and as specified in
the Specific Plan.
713471.1 12/11/2002 50
DEFINITIONS
GENERAL PROVISIONS
Binding Covenants
Interest of OWNER
Term
Termination
Transfers and Assignments
DEVELOPMENT PROVISIONS
Vesting
Reserved Authority
Further Assurances to OWNER Regarding Exercise of Reserved Authority
Consistent and Inconsistent Enactments
Amendment of Development Agreement
Future Amendments to Development Plan Approval(s)
Future Development Approvals
OBLIGATIONS OF THE PARTIES.
FEE AND EXACTION RELATED RESPONSIBILITIES
PHYSICAL IMPROVEMENTS
Public Facility Financing_Plan
Related Real Property Conveyances; Conditions to Development Agreement
INDEMNIFICATION
RELATIONSHIP OF PARTIES
PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT
Periodic Review
Good Faith Compliance
Failure to Conduct Annual Review
Initiation of Review by City Council
Administration of Agreement
Availability of Documents
EVENTS OF DEFAULT: REMEDIES AND TERMINATION
Defaults by OWNER
Defaults by CITY
4
7
7
7
7
7
8
10
10
13
14
14
15
17
17
18
18
24
25
25
25
26
26
26
26
27
27
27
27
27
27
28
713471.1 12/11/2002 51
Specific Performance Remedy
Institution of Legal Action
Estoppel Certificates
WA1VERS AND DELAYS
No Waiver
Third Parties
Force Maj eu. ge
Extensions
Notice of Delay
NOTICES
ATTORNEYS' FEES
RECORDING
EFFECT OF AGREEMENT ON TITLE
Effect on Title
Encumbrances and Lenders' Rights
SEVERABILITY OF TERMS
SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE
RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS
Interpretation and Governing Law
Section Headings
Gender
No Joint and Several. Liability
Covenant of. Good Faith and Fair Dealing
No Waiver of Vesting
Time of Essence
Recitals
Entire Agreement
EXTENSION OF MAPS
NOT FOR BENEFIT OF THIRD PARTIES
ATTACHMENTS
COUNTERPARTS
28
29
29
30
30
30
30
30
30
30
31
31
32
32
32
33
33
33
33
33
33
33
34
34
34
34
34
34
34
35
35
713471.1 12/11/2002 52
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
DECEMBER 10, 2002
A regular meeting of the City of Temecula Community Services District was called to order at 8:32
P.M., atthe City Council Chambers, 43200 Business Park Drive, Temecula, California. President
Stone presiding.
ROLL CALL
PRESENT: 5 DIRECTORS:
ABSENT: 0 DIRECTORS: None
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
CONSENT CALENDAR
1 Minutes.
RECOMMENDATION:
1.1 Approve the minutes of November 26, 2002.
2 2003 Recyclin,q and Litter Abatement Calendar
RECOMMENDATION:
2.1 Receive and file the report.
MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 and 2. The
motion was seconded by Director Comerchero and voice vote reflected unanimous approval.
DISTRICT BUSINESS
3 Appointment of President and Vice President of the Community Services District for the
Calendar Year 2003
RECOMMENDATION:
3.1 Entertain motions from the Board of Directors to appoint the President to preside
until the end of Calendar Year 2003;
Comerchero, Naggar, Roberts, Pratt, Stone
Minutes.csd\121002 1
3.2
Entertain motions from the Board of Directors to appoint the Vice President, who
will assume the duties of the President in .the President's absence and hold
this office until the end of Calendar Year 2003.
MOTION: Director Roberts moved to nominate Director Comerchero as the Board President for
year 2003. The motion was seconded Director Naggar and voice vote reflected unanimous
approval.
MOTION: Director Comerchero moved to nominate Director Pratt as the Board Vice President
for year 2003. The motion was seconded Director Naggar and voice vote reflected unanimous
approval.
DIRECTOR OF COMMUNITY SERVICES REPORT
Community Services Director Parker invited and welcomed the community to the City's 10th Annual
Electric Light Parade, Friday, December 13, 2002, at 7:00 P.M., on Jefferson Avenue between Del
Rio Road and Overland Drive.
Distributing calendars to the City Council, Mr. Parker commented on the joint efforts of a State grant
as well as a contribution from CR&R that provided the opportunity to fund a 2003 City of Temecula
Recycling and Litter Reduction Calendar and thanked the participation of the third and fourth grade
students and their teachers.
GENERAL MANAGER'S REPORT
General Manager Nelson extended his appreciation to the Community Services Department staff
for efforts with the upcoming festivities and activities.
BOARD OF DIRECTORS' REPORTS
Apprising the public of the Holiday Lights and Festive Sights Contest, President Stone commented
on the Kids Choice Awards (an opportunity for the children to vote for their favorite choice) and
encouraged families to get more detailed information from the City's website.
ADJOURNMENT
At 8:37 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, December 17, 2002, at 7:00 P.M., City Council Chambers, 43200 Business Park
Drive, Temecula, California.
ATTEST:
Jeffrey E. Stone, President
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
Minutes,csd\121002 2
ITEM 2
APPROVAL
CITY ATTORNEY
FINANCE DIRECTOR~.~
CITY MANAGER
TEMECULACOMMUNITYSERVICES DISTRICT
AGENDA REPORT
TO:
FROM:
DATE:
General Manager/Board of Directors
Genie Roberts, Director of Finance .~
December 17, 2002
SUBJECT:
Financial Statements fo~the Three Months Ended September 30, 2002
PREPARED BY: Karen Jester, Assistant Finance Directo~"'c:~
Pascale Brown, Senior Accountant .~
RECOMMENDATION: That the Board of Directors receive and file the Financial
Statements for the Three Months Ended September 30, 2002.
DISCUSSION: The attached financial statements reflect the unaudited activity of the
Community Services District for the three months ended September 30, 2002. Please see the
attached financial statements for an analytical review of financial activin.
FISCAL IMPACT: None
ATFACHMENTS:
Combining Balance Sheet as of September 30, 2002
Statement of Revenues, Expenditures and Changes in Fund Balance for
the Three Months Ended September 30, 2002 .
TEMECULA COMMUNITY SERVICES DISTRICT
Combining Balance Sheet as of
September 30, 2002
and the
Statement of Revenues, Expenditures and Changes
in Fund Balance
For The Three Months Ended
September 30, 2002
(Unaudited)
Prepared by the Finance Department
Temecula Community Services District
Combining Balance Sheet
As of September 30, 2002
Cash and investments
Receivables
Due from other funds
Total assets
Parks & Service Service
Recreation Level B Level C
669,144 $ 166,875
55,647 $ 9,744 26,724
74,368
$ 799,159 $ 9,744 $ 193,599
Liabilities and fund balances:
Liabilities:
Other current liabilities
Fund balances:
Reserved
Designated
Total fund balances
Total liabilities
and fund balances
$ 229,494 $ 56,989 $ 95,426
229,494 56,989 95,426
569,665 $ (47,246) $ 98,173
569,665 (47,246) 98,173
$ 799,159 $ 9,744 $ 193,599
Please note that these balances are unaudited
Temecula Community Services District
Combining Balance Sheet
As of September 30, 2002
Assets:
Cash and investments
Receivables
Due from other funds
Total assets
Service Service Debt
Level D Level R Service Total
45,565 $ 24,642 $ 26,954 $ 933,179
70,969 953 164,037
74,368
$ 116,534 $ 25,595 $ 26,954 $ 1,171,584
Liabilities and fund balances:
Liabilities:
Other current liabilities
Fund balances:
Reserved
Designated
Total fund balances
Total liabilities
and fund balances
188 $ 382,098
188 382,098
$ 116,346 $ 25,595 $ 26,954 $ 789,486
116,346 25,595 26,954 789,486
$ 116,534 $ 25,595 $ 26,954. $ 1,171,584.
Please note that these balances are unaudited
Temecula Community Services District
Citywide Operations
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budl~et Activity
Total Percent
Encumbr. Activity of Budget
Special tax $ 2,689,330
TCSD admin fee credit?'REST" 2,478,210 $ 619,553
Recreation programs 528,000 182,656
Investment interest 40,000 5,783~
Miscellaneous 192,500 35,378
Operating transfer in 2,000
619,553
182,656
5,783
35,378
Total Revenues 5,930,040 843,370
843,370
Expenditures:
Parks, medians and arterial street lighting 3,914,4~23 835,306
Seniors 143,700 34,534
Community Recreation Center (CRC) 414,380 92,13 I
Recreation programs 427,068 232,478
Temecula Community Center (TCC) 144,860 34,130
Museum 182, I 14 52,023
Aquatics 373,380 131,091
Sports 171,640 36,822
Children's Museum 147,850 3,379
Operating transfers out 564,500
(1)
25%
35% (2)
14%
18%
Total Expenditures
14%
Revenues Over/(Under) Expenditures
(553,875) (608,524)
Beginning Fund Balance, July 1, 2002
1,178,189 1,178,189
Ending Fund Balance, September 30, 2002 $ 624,314 $ 569,665
Notes:
(I) Special tax is primarily received in January and May each fiscal year.
(2) The variance is due to increased seasonal activities for recreation programs during July and August.
(3) The variance is primarily due to seasonal personnel costs and increased activities for recreation programs.
6,483,915 1,451,894 109,288 1,561,182 24%
325 835,631 21%
4,195 38,729 27%
12,599 104,730 25%
22,239 254,717 60%(3)
6,865 40,995 28%
12,312 64,335 35%
26,419 157,510 42%
23,237 60,059 35%
1,097 4,476 3%
Temecula Community Services District
Service Level B
Residential Street Lights
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budget Activity
Encumbr.
Total
Activity
Assessments $ 433,220
Investment interest 2,000 $ $ 0
Street lighting fees 13,600 6,336 6,336
Miscellaneous 47,400 100 100
Total Revenues 496,220 6,436 6,436
Expenditures:
Salaries & Wages 4,080 832 832
Street lighting 511,300 120,355 120,355
Miscellaneous 23,500
Total Expenditures 538,880 121,187 121,187
Revenues Over/(Undar) Expenditures (42,660) ( 114,751)
Beginning Fund Balance, July I, 2002 67,505 67,505
Ending Fund Balance, September 30, 2002 $ 24,845 $ (47,246)
of Budget
(1)
4?%
O%
I%
20%
24%
0%
22%
Notes:
(I) Special tax is primarily received in January and May each fiscal year.
Temecula Community Services District
Service Level C
Perimeter Landscaping and Slope Maintenance
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Three Months Ended September 30, 2002
Revenues:
Assessments
Investment interest
Plan check and inspections
Miscellaneous
Total Revenues
Expenditures:
Salaries and wages
Landscape maintenance
Utilities
Other expenditures
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002
Annual
Amended YTD Total
Budget Activity Encumbr. Activity
985,000
20,000 $ 1,893 $ 1,893
40,000 7,290 7,290
3,000 100 100
1,048,000 9,283 9,283
211,590 40,700 40,700
605,852 121,912 $ 364,859 486,771
262,000 90,142 90,142
105,500 9,412 53,755 63,167
of Budget
(])
9%
18%
3%
1%
19%
80% (2)
34% (3)
60% (4)
1,184,942 262,166 418,614 680, 780 57%
(136,942) (252,883)
351,056 351,056
$ 214,114 $ 98,173
Notes:
(1) Assessments are primarily received in January and May each fiscal year.
(2) The variance is primarily due to encumbrances that are recorded for landscape maintenance services for the entire year.
(3) The variance is primarily due to the seasonal utility water usage.
(4) Encumberance for consultant services contract.
Temecula Community Services District
Service Level D
Refuse Collection, Recycling and Street Sweeping
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Three Months Ended September 30, 2002
Revenues:
Assessments $
Grants
Investment interest
Recycling Program
Total Revenues
Expenditures:
Salaries and wages
Refuse hauling
Other expenditures
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002 $
Annual
Amended YTD Total
Budget Activity Encumbr. Activity
3,187,000
17,220 $ 0 $ 0
40,000 1,926 1,926
5,000 17,619 17,619
3,249,220 19,545 19,545
of Budget
(1)
5%
352%
1%
32,100 6,799 6,799 21%
3,187,530 (2)
34,890 10,399 10,399 30%
3,254,520 6,799 10,399 17,198 1%
(5,300) 12,746
103,600 103,600
98,300 $ 116,346
Notes:
(I) Assessments are primarily received in January and May each fiscal year,
(2) Refuse hauling payments are made semi-annually in January and July.
Temecula Community Services District
Service Level R
Streets and Roads
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budset Activity
Total Percent
Encumbr. Activity of Budget
Assessments $ 12,800
Investment interest 200 $ 162 $ 162
Total Revenues 13,000 162 162
Expenditures:
Emergency street maintenance 17,080 0 0
Other expenditures 80
Total Expenditures 17,160 0 0
Revenues Over/(Under) Expenditures (4,160) 162
Beginning Fund Balance, July 1, 2002 25,433 25,433
Ending Fund Balance, September 30, 2002 $ 21,273 $ 25,595
(1)
81%
1%
0%
0%
Notes:
(1) Assessments are primarily received in January and May each fiscal year.
Temecula Community Services District
Debt Service Fund
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
For the Three Months Ended September 30, 2002
Operating transfers in $
Investment interest
Total Revenues
Expenditures:
Debt service - principal
Debt service - interest
Other expenditures
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002 $
Annual
Amended YTD
Budl~et Activity
Encumbr.
Total
Activity
562,500
35,000 21
597,500 21
21
21
280,000
276,200
6,300
$ 100 4,850 4,950
of Budget
O)
0% (2)
0%
Notes:
(3)
(3)
79%
( I ) The variance in operating transfers in is due to timing.
(2) The variance is due interest received in October
(3) Debt service payments are made in October and April each year.
62,033 $ 26,954
35,000 (79)
27,033 27,033
562,500 100 4,850 4,950 1%
TCSD
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN~~
CITY MANAGER ~ -"
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Herman D. Parker, Director of Community Service~.
December 17, 2002
Departmental Report
PREPARED BY: Gall L. Zigler, Administrative Secretary
The Master Plan for the Temecula Public Library was adopted at the September 26, 2000 City
Council Meeting. Staff has negotiated a contract with LPA for the final construction documents and
specifications for the Temecula Public Library. Staff is resolving the final issue with the construction
documents and they will be submitted for final plan check. Staff released an RFQ for grant writing
services to apply for the California State Library's Bond Act 2000. Staff and the consultant worked
tirelessly to complete the grant application, which was delivered in person by Phyllis Ruse and
Aaron Adams to Sacramento on June 13, 2002.
The Board of Directors awarded a construction contract to R.E. Flemming, Inc. at their September
17, 2002 Board meeting. This contract will construct the white box tenant improvements for the
Children's Museum. These improvements will include replacement of the roof, replacement of the
wood siding on the building, reconstruction of the porch area and also reconstruction of the restroom
facilities, office space and the driveway entry. The exhibitry for the interior of the building is under
construction and progressing well in San Diego at the warehouse of Sparks Exhibits and
Environment.
RHA Landscape Architects is preparing the construction documents for the improvements to Vail
Ranch Park Site "C" adjacent to Pauba Elementary School. This project is identified in this year's
CIP. The new amenities will include a tot lot, picnic shelter, tables, benches and walkways. The
Community Services Commission reviewed and approved the conceptual master plan at their
February 11, 2002 Commission meeting. This project is currently in plan check.
The conceptual Master Plan for the Wolf Creek Sports Complex was presented to the Community
Services Commission on Monday, December 9, 2002 and will be presented to the Board of
Directors at their first meeting in January of 2003. The Wolf Creek Sports Complex is 43 acre park
which proposes parking, restroom/concession buildings, maintenance building, four lighted
basketball courts, four lighted soccer and four lighted softball/baseball fields, tot play equipment,
picnic areas and walkways.
R:LZ, IGLERG\X DEPTR FIA 1202.doc December I I, 2002
Staff is anxiously awaiting approval from the State of California Library Bond Act for an $8,500,000
Grant to construct a new Public Library in the City of Temecula. On December 2, 2002 the State
issued funds through the Library Bond Act, however there is a portion of funds remaining for
disbursement, which will be awarded on December 19, 2002.
The Development Services Division continues to participate in the development review for projects
within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as
overseeing the development of parks and recreation facilities, and the contract for refuse and
recycling, cable television services and assessment administration.
The Maintenance Division continues to oversee the maintenance of parks and recreation facilities
and assist in all aspects of Citywide special events,
The Recreation Division just completed their annual judging of the Holiday Lights and Festive Sights
event, the 5th Annual Tree Lighting Ceremony held on December 5, 2002 and the Annual Winter
Wonderland program held on December 7, 2002. All these events were well attended. The Annual
Electric Light Parade was held on December 13, 2002 with 95 parade entries. As always this event
was a huge success. Staff is putting the final touches on the Winter/Spring 2003 Guide To Leisure
Activities, which will be mailed out to Temecula residents.
R:~ZIGLERG\XDEPTRPT~ 1202.doc December I 1. 2002
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
DECEMBER 10, 2002
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:37
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT: 5 AGENCY MEMBERS: Comerchere, Pratt, Roberts, Stone
and Naggar
ABSENT: 0 AGENCY MEMBER: None
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of November 26, 2002.
2 Amendment to the Financial Service A,qreement w th Rehab Financial Corporation for
mana.qing the A,qency's loan portfolio
RECOMMENDATION:
2.1 Approve Amendment No. 1 to the financial services agreement with Rehab
Financial Corporation (RFC) to provide loan servicing for the Redevelopment
Agency loan portfolio for the not to exceed amount of $25,000 and authorize the
Executive Director of the Agency to execute the Amendment.
MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1 and 2.
The motion was seconded by Agency Member Pratt and voice vote reflected approval with the
exception of Agency Member Stone who abstained with regard to Item No. 2.
PUBLIC HEARING
3 AB 1290 Redevelopment Status Report
RECOMMENDATION:
3.1 Receive and file Implementation Plan Status Report;
3.2 Take public testimony relative to the implementation of the Redevelopment and
Implementation Plan.
R:'~Minutes.rda\121002 1
Director of Housing and Redevelopment Meyer provided an overview of the staff report (of
record).
There being no public input, the public hearing was closed.
Agency Member Naggar commended Mr. Meyer on a job well done.
MOTION: Agency Member Naggar moved to approve staff recommendation. The motion was
seconded by Agency Member Stone and voice vote reflected unanimous approval.
AGENCY BUSINESS
Appointment of Chairman and Vice Chairman of the Redevelopment Agency Calendar
Year 2003
RECOMMENDATION:
4.1 Entertain motions from the Agency Members to appoint the Chairman to preside until
the end of Calendar Year 2003;
4.2 Entertain motions from the Agency Members to appoint the Vice Chairman, who will
assume the duties of the President in the President's absence, and hold this office
until the end of Calendar Year 2003.
MOTION: Agency Member Comerchero moved to nominate Agency Member Roberts as the
Agency Chairman for year 2003. The motion was seconded Director Naggar and voice vote
reflected unanimous approval.
MOTION: Agency Member Roberts moved to nominate Agency Member Naggar as the Agency
Vice Chairman for year 2003. The motion was seconded Agency Member Stone and voice vote
reflected unanimous approval.
EXECUTIVE DIRECTOR'S REPORT
Echoing Agency Member Naggar's comment, Executive Director Nelson commended Director of
Housing and Redevelopment Meyer and his staff on a job well done.
AGENCY MEMBERS'REPORTS
As well echoing the previously made comments, Chairman Comerchero relayed his delight with
having worked with Mr. Meyer and the goals that had been accomplished during his year of
chairmanship.
R:'~lin utes.rda\121002 2
ADJOURNMENT
At 8:41 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, December 17, 2002, in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:',Min utes.rda\121002 3
ITEM 2
APPROVAL
CITY ATTORNEY
FINANCE DIRECTO~(~.~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Redevelopment Agency Members
Genie Roberts, Director of Finance .~
December 17, 2002
Financial Statements for the Three Months Ended September 30, 2002
PREPARED BY:
Karen Jester, Assistant Finance Directee~'~'
Pascale Brown, Senior Accountant
RECOMMENDATION: That the Agency Members receive and file the Financial
Statements for the Three Months Ended September 30, 2002.
DISCUSSION: The attached financial statements reflect the unaudited activity of the
Redevelopment Agency for the three months ended September 30, 2002. Please see the attached
financial statements for an analytical review of financial activity.
FISCAL IMPACT: None
ATFACHMENTS:
Combining Balance Sheet as of September 30, 2002
Statement of Revenues, Expenditures and Changes in Fund Balance for
the Three Months Ended September 30, 2002
TEMECULA REDEVELOPMENT AGENCY
Combining Balance Sheet as of September 30, 2002
and the
Statement of Revenues, Expenditures and Changes in Fund
Balance For The Three Months Ended
September 30, 2002
(Unaudited)
Prepared by the Finance Department
Temecula Redevelopment Agency
Combining Balance Sheet
As of September 30, 2002
Assets:
Cash and investments
Receivables
Land held for resale
Total assets
Low/Mod CIP Debt
Fund Fund Service Total
6,733,203 $ 11,425,878 $ 1,510,923 $ 19,670,005
1,477,135 328,403 10,808 1,816,346
2,103,053 2,103,053
$ 8,210,338 $ 13,857,334 $ 1,521,731 $ 23,589,403
Liabilities and fund balances:
Liabilities:
Other current liabilities
Deferred revenue
Total liabilities
Fund balances:
Reserved
Designated
Undesignated
Total fi~nd balances
Total liabilities
and fund balances
$ 10,846 $ 46,129 $ 56,975
838,458 157,059 995,517
849.304 203,188 1,052,492
7,361,034 13,654,146 21,015,180
$ 1,521,731 1,521,731
7,361,034 13,654,146 1,521,731. 22,536,911.
$ 8,210,338 $ 13,857,334 $ 1,521,731 $ 23,589,403.
Please note that these balances are unaudited
City of Temecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Redevelopment Agency Lowavloderate Income Housing
For the Three Months Ended September 30, 2002
Amended YTD Total
Budl~et Activity Encumbr. Activity
Property tax increment $ 2,049,000 $
Investment interest 232,000 59,268
Rental income 40,000
Miscellaneous 161,000 157,392
Total Revenues 2,482,000 216,660
$
59,268
157,392
216,660
of Budl~et
(l)
26%
(2)
98% (3)
9%
Expenditures: Salaries and wages
Operating and administrative expenditures
Homcbuyer programs
Residential rehabilitation programs
Housing development & acquisition
Affordable housing / future obligation
229,360 46,638 46,638
333,021 61,664 $ 28,610 90,274
300,000
841,519 52,521 36,951 89,472
4,404,580 1,163 23,587 24,750
305,000 305,000 305,000
20%
27%
(4)
11%
I% (4)
1oo% (5)
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002
6,413,480 466,986 89,148 556,134 9%
(3,931,480) (250,326)
7,611,360 7,611,360
$ 3,679,880 $ 7,361,03~4
Notes:
(I) Property tax increment is received in January and May each fiscal year.
(2) The variance is due to annual lease payment not received from Mission Village (Affirm Housing).
(3) Residential loan program repayments received were much higher than anticipated due to many homebuyers refinancing
their existing loans which then requires the repayment of thc loan.
(4) The variance is due to housing programs not yet started.
(5) The variance is due to the annual payment to Temecula Gardens L.P. being issued in the first quarter of the fiscal year.
City of Temecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Redevelopment Agency-CIP
For the Three Months Ended September 30, 2002
Annual
Amended YTD
Budget Activity
Revenues:
Investment interest $ 35,000 $ 8,433
Rental income 180,000 45,000
Loan interest 16,000 3,168
Grants 50,000
Micellaneous 5,760
Operating transfers in 620,000 155,000
Total Revenues 901,000 217,361
Capital Projects:
First Street bridge 280-807 69,617
Old Town Parking 280-825 500,000
Gateway Landscape OT 280-833 175,182
2,599
Total Percent
Encumbr. Activity of Bud[~et
$ 8,433
45,000
3,168
5,760
155,000
217,361
24%
25%
20%
25%
24%
69,617 69,617 100%
3,473 6,072 3%
Operating Expenditures:
Salaries and wages
Operating and administrative expenditures
Owner participation agreements
Old Town plan implementation
Old Town development incentives
Old Town building facades
Banner program
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July 1, 2002
Ending Fund Balance, September 30, 2002
92,780 19,356 19,356
426,708 77,598 23,997 101,595
300,000
136,140 14,868 39,156 54,024
100,000
94,301 15,885 29,349 45,234
4,100
21%
24%
(1)
40% (2)
48% (3)
1,898,828 130,306 165,592 295,898 16%
(997,828) 87,055
13,567,091 13,567,091
$ 12,569,263 $ 13,654,146
(I) The Costco owner participation agreement is not paid until April of each fiscal year.
(2) The variance is due increasing activities in Old Town during summer
(3) The variance is due to increasing faqade improvement projects in Old Town
City of Temecula Redevelopment Agency
Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual
Redevelopment Agency - Debt Service
For the Three Months Ended September 30, 2002
Annual
Panended YTD
Budget Activity
Property tax increment $ 8,196,000
investment interest 189,000 $ Il,119
Advances from other funds 65,000 16,120
of Bud[~et
6%
Total Revenues 8,450,000 27,239 0%
Expenditures:
Passthrough agreements
Debt service - principal
Debt service - interest
Trustees admin fees
Operating transfers out
Total Expenditures
Revenues Over/(Under) Expenditures
Beginning Fund Balance, July I, 2002
Ending Fund Balance, September 30, 2002
5,603,000
1,013,440 335,951
7,500 796
2,807,379 155,000
9,431,319 491,747
(981,319) (464,508)
1,993,239 1,993,239
$ 1,011,920 $ 1,528,731
(1)
(2)
(3)
33% (3)
11%
6%
5%
Notes:
(1) Property tax increment is received in Jalluary and May each fiscal year.
(2) Passthroughs are recognized when the property tax increment is received (see note 1).
(3) Debt service payments on the tax allocation bonds are made in August and February each year.
RDA
DEPARTMENTAL
REPORT
APPrOVAl
CITY A'I-I'ORNEY
FINANCE dl R ECTOI~'~i_~
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Executive Director/Redevelopment Agency Mem. bers
John Meyer, Redevelopment Director.~L.j~/Vi-
December 17, 2002
Monthly Departmental Report
Attached for your information is the monthly report as of December 17, 2002 for the
Redevelopment Department.
First Time Homebuyers Program
Funding in the amount of $200,000 is available for FY 02 -03.
Residential Improvement Pro.qrams
The program budget for FY 02/03 is $250,000, with $102,500 funded on 22 units.
Affordable Housing
The Planning Commission approved the tentative map on August 21. The project is currently in
plan check.
Old Town Community Theater
The Architect has submitted the construction drawings to the City for plan check.
The Mercantile Buildin.q Retrofit
Council approved the construction contract for the retrofit on August 13, 2002. The retrofit has
begun with an estimated construction period of 60-90 days.
R:\SY ERSK~vlONTHLLY~repor~dec2002.doc I
Facade Improvement/Non-Conforming Sign Program
The following facade improvement/sign projects are in process or have recently
completed:
· Old Town Plaza
Lighting/Sign Program
· Penfold Building
Sign Program
· The Junk Yard
Sign Program
· Old Town Root Beer
Sign Program
· Temecula Country Store
Sign Program
· Fuzzy Elephant
Sign Program
been
Old Town Promotions/Marketing
DICKENS CHRISTMAS IN OLD TOWN
Dickens of a Christmas will conclude with its final weekend December 21 and 22. On
Saturday, the Vintage Singers will provide classic Christmas carols from 1 to 2 p.m. on
the Old Town Stage. Kids and adults can get a free holiday balloon hat from Precious
the Clown and Dynamite Dave. The two will be entertaining and creating balloon treats
both Saturday and Sunday. Santa Claus will visit with children form 11 a.m. to 4 p.m
both Saturday and Sunday at his workshop on Front and Fifth Streets. Free candy
canes for the children are provided. The Southwest Soccer Club is taking souvenir
Polaroid photographs for a $5 donation.
High School Choirs, as well as a female barbershop quartet, bell ringers and the popular
Musicians Workshop Jazz Band were just part of the fun set for Old Town Temecula's
Dickens of a Christmas last weekend, December 14 and 15. Carolers were in several
locations beginning at 11 a.m. on Saturday. Murrieta High School Choir strolled through
the streets as they sang traditional carols. Also, the Calvary Chapel presented a variety
of Christmas carols with several groups from their music program on the Old Town
Temecula Stage at 5"~ and Front Streets. A musical treat was presented by Motif, a
woman's barbershop quartet formed in January of this year. Singing a'capella in four-
part harmonies, all four members live in the Inland Empire and are members of the San
Diego Chorus of Sweet Adeline's International. In April 2002, Motif placed in the Top
Ten at a regional competition against quartets from the west coast. They sang in front of
the Shire at the Corner of Old Town Front and Main Streets. Musicians Workshop
performed their entire Christmas program beginning at I p.m. at the Old Town Temecula
R:\SYERS K~IO NTH LLY~reportdec2002.d oc 2
Stage. The Choir, Orchestra and Jazz Bands all performed, as well as the Kid Carolers.
The Ultimate Dance Academy sang and danced their Holiday Program on the Old Town
Front Street Stage.
On Sunday, the popular Tintinabulator Bell Choir performed accompanied by the All
God's Children Choir. The Real Deal, a youth jazz band performed their jazzy version
of Christmas. Santa Claus continues to visit with children form 11 a.m. to 4 p.m both
Saturday and Sunday at his workshop on Front and Fifth Streets. Free candy canes for
the children are provided. The Southwest Soccer Club is taking souvenir Polaroid
photographs for a $5 donation.
On Friday evening, December 6, Old Town Temecula offered a hometown feeling full of
Christmas Carols. Butterfield Square hosted Christmas on the Green which began at 6
p.m. with a theatrical retelling of many classic Christmas favorites. Mrs. Claus led the
story telling, and then musician Desi Relator conducted a sing along. The merchants
provided free hot drinks and cookies.
A day of Holiday Music was held on Saturday, December 7 starting with the Murrieta
High School Choir at 11 a.m. Chaparral High School's Choir performed on the Old
Town Stage at 1 p.m. Temecula Middle School Band performed on the Old Town
Temecula Stage beginning at 12 noon, and the afternoon concluded with the brassy
sounds of the Valley Winds at 3 p.m.
On Sunday, December 8, Dickens of a Christmas offered some old-fashioned music and
entertainment with the popular Tintinabulator Bell Choir. More than 30 bells rang out
carols during their performance. They were followed with songs and dances from the
kids of Temecula Performing Arts. Santa Claus continues to visit with children form 11
a.m. to 4 p.m both Saturday and Sunday at his workshop on Front and Fifth Streets.
Free candy canes for the children are provided. The Southwest Soccer Club is taking
souvenir Polaroid photographs for a $5 donation.
Santa arrived in Old Town Saturday, November 23'd to kick off Dickens of a Christmas in
Old Town Temecula. Dickens carolers serenaded Santa as he made his ride through
Old Town on a horse-drawn sleigh. The Temecula Vintage Singers rode aboard a
horse-drawn trolley from 12 noon to 2 p.m. and the trolley provided free rides to the
public until 5 p.m. Temecula's Frontier Days Rodeo Queens helped escort Santa to his
destination. Visits and photos with Santa are available every Saturday and Sunday from
11 a.m. to 4 p.m. at 3~ and Front Street in Old Town Temecula. The event consisted of
carolers, bell-ringing choirs, and children dancing to holiday tunes, holiday decorations
and a variety of live bands. The Old Town Temecula Stage will feature a variety of
musical performances every weekend from November 30 through December 22. Santa
Claus will continue to visit with children form 11 a.m. to 4 p.m both Saturday and Sunday
at his workshop on Front and Fifth Streets. Free candy canes for the children are
provided. The Southwest Soccer Club is taking souvenir Polaroid photographs for a $5
donation.
R:\SYERS K~IONTH LLY~repor[dec2002.doc 3
DEPARTMENTAL
REPORTS
APPROVAL ~'~--~
CITY ATTORNEY ~"'-~'~
DIRECTOR OF FINANCE
CITY MANAGER ~--'3~'}
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Ma nage r/Ci, ty(f~C/o/~il
Debbie Ubnosl~, Er~rector of Planning
December 17, 2002
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department in the month of November 2002.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 4_.~5 new applications for administrative, other minor cases, and home
occupations and 14 applications for public hearings during the month of November. The new public
hearing cases are as follows:
Change of Zone
Conditional Use Permit
Development Plan
Extension of Time
Lot Line Adjustment
Minor Conditional Use Permit
Tentative Tract Map
1
1
3
1
1
6
1
Status of Maior Projects
Pending Appeals
Jefferson Avenue Inn (formerly the Hampton Inn Suites) - Development Plan application to
design and construct a four story 70-room hotel building on a 1.35 acres parcel. The application
was approved at the November 6th Planning Commission meeting. The approved project was
appealed by a City Council member on November 16th and is scheduled for the January 14,
2003, City Council meeting.
Stop Quick Mini-Mart- A Minor Conditional Use Permit to request an upgrade from a Type 20 to
a Type 21 Off-Sale Alcohol License. On September 11,2002, ABC confirmed that there was an
over-concentration of Off-Sale licenses in the subject census tract and was advised to apply for
a Finding of Public Convenience and Necessity. Planning Application 02-0223 was heard atthe
November 20 Planning Commission meeting. Four Commissioners were in attendance. The
R:~V~ONTHLY. RPT'2.002'uNovember 2002 Report.doc
1
Planning Commission decision was split and was continued to the December 4th meeting. At
this meeting the Planning Commission denied PA02-0223. Staff is anticipating an appeal of this
denial.
Recently Approved Projects
Antenna Tower at Temecula Creek- Conditional Use Permit to construct and operate a 65 foot
high cellular antenna, located at 44501 Rainbow Canyon Road (922-220-004); submitted by
AT&T Wireless. The application was deemed incomplete on April 24, 2002. A DRC meeting
was held on May 23, 2002. Applicant re-submitted plans on August 8, 2002. Staff reviewed the
resubmittal and determined that the project is still incomplete. A letter was sent to the applicant
on August 21, 2002, requesting items to make the application complete. Staff met with the
applicant on October 4th to discuss the application. The project was approved at the November
6, 2002, Planning Commission meeting.
BBK Performance - is a Development Plan request to build a 22,260 square foot two-story
industrial/warehouse building on a 1.4-acre site. The subject property is located on the east side
of Bostik Court, 170 feet south of Winchester Road. A DRC meeting was held with the applicant
on October 3, 2002. The project was approved at the November 20th Planning Commission
meeting.
Cingular Wireless Telecommunications & Sign Structure at Chaparral High School - Conditional
Use Permit to construct a 26 foot high, 14 foot x14 foot rectangular structure to house six
wireless telecommunication antennas and equipment, and structure will include three sides with
signage to consist of an 84 square foot non-illuminated sign with green letters and blue
background to read "Chaparral High School", a 42 square foot electronic message marquee,
and a 56 square foot blue and beige colored "C" letter with a black and green puma mascot
illustration. Staff is reviewing the most recently submitted materials for completeness. The
project was approved at the August 7, 2002 Planning Commission. The Commission's decision
was appealed to the City Council. The City Council subsequently denied the appeal at their
November 12th meeting.
Coltrain Residence - A Variance to reduce the rear yard setback from 20 feet to 10 feet and a
request for a Minor Modification to the front yard setback of 2 feet located at the end of the cul-
de-sac on Avenida de San Pasqual (945-110-019) submitted by Arthur Coltrain. The application
was submitted on August 27, 2002 and departmental comments are due on September 17,
2002. The project was approved at the November 6, 2002, Planning Commission meeting.
Highland II Office Building - a Development Plan to construct a 30,000 sq. ft. office building.
The subject property is located on the east side of County Center Drive, 740 ft. north of Ynez
th
Road. The extension of time was approved at the November 6 Planning Commission meeting.
Nextel Communications Monopine - Conditional Use Permit and Development Plan to construct
and operate a 70 foot tall unmanned wireless communications structure and equipment support
structure at the Rancho California Water District reservoir on the east side of Margarita Road
and north of Rancho Vista Road. The application was approved at the November 20th Planning
Commission meeting.
R:'~v1ONTHLY.RP'n2002'u"qovernber 2002 Report.doc
2
Rancho Dental - A Development Plan to construct, operate and establish a 3,719 square foot
dental office on .49 acres, located at 29746 Rancho California Road on the northeast corner of
Rancho California Road and Lyndie Lane, submitted by Bratene Construction and Engineering.
The project was approved at the November 14, 2002, Director's Hearing.
· Roripaugh Ranch Annexation - Specific Plan, Environmental Impact Report and Development
Agreement. On November 26, 2002, the City Council approved this project.
Vail Ranch Center Phase III retail pad buildings-Administrative Development Plan application
to construct five (5) commemial buildings at the southwest corner of the Vail Ranch commemial
center at the southwest corner of Red Hawk Parkway and Highway 79 South. Staff approved
th
the project architecture, site and landscape plans the week of November 11 and the applicant
has submitted the project for construction plan check.
Projects Under Review
Commercial
Beer and Wine Sales at Arco Service Station/Convenience Store - Minor Conditional Use Permit
to allow wine and beer sales onsite. The subject property is located at 44987 Front Street. The
application was submitted on October 18, 2002. Staff is awaiting confirmation of application with
the State Alcohol Beverage Control Board.
Bel Villaggio LLC - A development plan to construct, operate and establish a 8100 square foot
retail building for Building C in the Bel Villaggio Retail Center located west of Margarita Road
and 470 feet south of the Mall Access Road.
Bridgeport Map - A request to divide 14.48 acres into an 8 lot commemial subdivision, located
on the north side of SR79 South east of Avenida de Missiones (east of the Rancho Community
Church project). Mr. Orley Weaver, with Bridgeport Builders, submitted this project on
September 16, 2002. The project was deemed incomplete and inconsistent with the General
Plan's requirement for this property to develop as a unified site. The applicant is working with
several commercial users to submit a comprehensive development plan for the entire site.
Caf~ Kerr- PA01-0587 - Administrative Development Plan to allow outdoor dining. New owner
is proposing Tenant Improvements to open a Chinese Restaurant. The TI permit will include the
fencing.
Edge Nightclub - A Minor Conditional Use Permit to operate an entertainment facility to include a
type 48 liquor license, live music, dancing, and other entertainment uses as outlined in the
submitted statement of operations in a 4,860 square foot existing building, located at 28822 Old
Town Front Street (APN 922-093-003); Submitted by Ronald Hannah. The application was
submitted on July 5, 2002. An incomplete letter was mailed to the applicant on July 30, 2002.
The application was closed on September 9, 2002, because the applicant did not pay the
required fees. The applicant applied for a new Minor Conditional Use Permit on October 16,
2002. The project has been deemed incomplete. As of December 2, 2002, the applicant has
not resubmitted any of the previously requested items.
· Hampton Inn - A Development Plan to design, construct and operate a 99 unit, 105,144 square
foot hotel on 2.41 acres located near the corner of Rancho California Road and Jefferson
R:'~IONTHLY.RP'F~002~Iovember 2002 Report.doc
3
Avenue, submitted by Pro Enterprises on December 2, 2002. The project is currently under
review. Staff is recommending approval.
Integrity Auto - Minor Conditional Use Permit application to establish and operate a used car
indoor showroom at an existing multi-tenant automobile repair facility located at 28730 Via
Montezuma. Staff transmitted the application to the other city departments on November 27th
and is awaiting comments.
Iron Wok - A Development Plan to add an outdoor patio to an existing restaurant located at the
Promenade Mall. The project is currently incomplete and a letter was sent out September 4,
2002, requesting the required information.
Overland Self Storage Facility - Conditional Use Permit to construct a 124,496 square foot, one
story, self-storage mini warehousing facility with beige stucco and beige metal siding exterior
walls and olive green color metal roofing on a two lot, 3.65-acres site, located south of Overland
Drive and east of Commerce Center Drive. Future phase to include construction of a one-story
3,000 square foot office and caretaker's dwelling unit located at front of site. Staff held a
Development Review Committee meeting on May 8, 2002. As a result, a number of issues have
been identified and have been communicated to the owner and applicant. On November 2,
2002, staff met with the owner of the property and continued discussion of the project. It is
anticipated that the owner will submit a General Plan Amendment and Change of Zone.
Power Center II - A Development Plan request to develop an 8.8 acre commercial site for
multiple building pads (under separate reviews) to build retail and restaurants buildings totaling
49,072 square feet, located on the northwest corner of North General Kearny Road and
Margarita Road within the Temecula Regional Center. Jack Tarr, with Diversified Investment
Co., submitted this project on November 7, 2002. A DRC meeting is set for this and all related
projects on December 12, 2002. The other related projects are as follows:
Buca di Beppo - A Development Plan request for an 8,281 square foot full service restaurant
submitted by Loretta Reeves, with Buca di Beppo, submitted this project on November 7,
2002.
Krispy Kreme - A Development Plan request for a 4,025 square foot donut shop/restaurant
with drive-thru submitted by Jack Tarr, with Diversified Investment Co., submitted this project
on November 7, 2002.
Islands Restaurant - A Development Plan request for a 5,293 square foot restaurant
submitted by Lewis Jackson, with Islands Restaurant, submitted this project on November 7,
2002.
Rancho Community Church Map - A request to divide 39.14 acres into 17 parcels based upon
the approved configuration of the church and school campus. This project is located on the
north side of SR79 South east of Jedediah Smith Road and west of Avenida de Missiones. Mr.
Jay Beckley, with Rancho Community Reform Church, submitted this project on October 11,
2002. A DRC comment letter was sent to the applicant November 12, 2002.
Toyota of Temecula - A development plan to construct two "new car patio cover" structures at
the existing Toyota dealership located at 26631 Ynez Road. The project was submitted on
December 2, 2002. Comments are due back from other departments on December 18, 2002.
R:'WIONTHLY.RPT~2OO2'u"qovember 2002 Report.doc
4
Tweeter Exterior Building Remodel - An Administrative Development Plan to remodel existing
~vindows and establish two car stereo installation bays. The subject property is located at 40758
Winchester Road in the Promenade Mall outlots. The application was submitted on November
;-)5, 2002. Staff is reviewing the application for completeness.
Viario Self Service Vehicle Wash - A Pre-Application Review to construct and operate a self
service car, boat and RV wash facility on a 1.2 acre vacant parcel, west of Red Hawk Parkway
and south of Highway 79 South behind the Vail Ranch Commercial Center. Staff transmitted the
plans on November 26th to other city departments for comments and is organizing a Design
F{eview meeting with the applicant to further discuss the project feasibility.
Industrial
KTM Motorcycles - A Fast Track Development Plan to construct a 43,000 square foot
motorcycle research and development facility. The 10 acre site is located on the west side of
Via Industria, north of Rio Nedo. A DRC meeting was held on November 15, 2002. Planning
Commission consideration will occur on January 15, 2003.
()'Hem Wall Industrial Building - A Development Plan to construct a 18,400 square foot
industrial building on 1.28 acres, located at 42108 Roick Drive, submitted on October 8, 2002,
by O'Hern Wall Associates. A letter requesting modifications to the building and site layout was
sent November 12, 2002. Staff is waiting for revisions.
Slater Industrial Buildings - is a Development Plan request to build two 11,213 sq. ft. concrete
tilt-up, office warehouse buildings on a 1.97 acre lot within the on the west side of Bostik Court
south of Winchester Road. Growth Management Company filed this application. This project is
scheduled for Planning Commission on January 15, 2003.
Talon Sports Industrial Building - A Development Plan to construct, operate and establish an
18,243 sq. ft. Industrial Building on .99 acres, located at 42044 Winchester Road, west of Diaz
Road, submitted August 28, 2002, by McArdle & Associates Architects. A DRC Meeting was
held on October 3, 2002, to discuss site and design issues. Staff is awaiting submittal of revised
plans.
Mixed Use
L.infield Christian School Master Plan - Submitted by Linfield Christian School; a Conditional
Use Permit and a Planned Development Overlay proposal to expand the existing facility with
154,397 square feet of additional classroom and accessory structures and a proposed 37,500
square feet of housing for a superintendent, caretaker and facility. This project is located on the
north side of Pauba Road west of Margarita Road (behind Temecula Valley High School). The
applicant has submitted the PDO, and it is currently under review. A DRC has been scheduled
for December 12, 2002.
Roripaugh Estates Specific Plan Amendment and Development Proposals - A variety of project
proposals affecting 20.2 acres of land located on the northeast corner of Nicolas and
Winchester Roads. Rod Del Pesco, with Pacific Development Partners, submitted this project
on July 9, 2002. The project was deemed incomplete August 8, 2002. A DRC meeting was held
on September 5, 2002, to discuss numerous issues identified by staff. The applicant has taken
staff's recommendations under consideration and will be resubmitting later in the year. This
project consists of the following proposals:
R:~VIONTHLY. RPT'~.002'~November 2002 Report.doc
5
Amend the General Plan and Specific Plan Land Use of 8.3 acres from Neighborhood
Commercial (NC) to Medium Density Residential (M). The SPA affects Planning Area 9 (a
commercial area) by creating a new Planning Area 12 for single family residential, and
relevant text additions and modifications to cover the creation of this residential area.
· A tentative map request to divide 8.3 acres into 54 residential lots.
· Roripaugh Town Center is development application/conditional use permit for a 102,875
square feet commercial center on 11.9 acres.
Temecula Gardens - A third and final Extension of Time for Planning Application No. 97-0420,
located at the northwest corner of Loma Linda and Pala Road, submitted by Charles McHaffie.
The application was deemed incomplete on October 31,2002. Staff and the applicant met on
November 28, 2002, to discuss potential changes to the project. The applicant indicated that he
would be submitting a revised site plan and elevations by the middle of December.
Villages of Old Town - Staff met with a group interested in purchasing the project. This group is
currently conducting their due diligence on the project. They have assured staff a new Site Plan
by January 2003. After reviewing the Site Plan, staff will then consider scheduling a workshop
with the Planning Commission and/or the City Council.
Office
Hope Lutheran Church modular office building - Administrative Development Plan to install a
3,600 square foot pre-fabricated modular office building on a vacant portion at the rear of the
existing Hope Lutheran Church property on the south side of Rancho California Road on the
east side of Pat & Oscar's restaurant. Staff met with the applicant at the November 21st DRC
meeting, and has sent out a DRC letter addressing design comments to the applicant.
Jefferson Avenue Office Building - A Development Plan to construct a 21,870 square foot two
story office building on 1.67 acres of land, located at 27708 Jefferson Avenue (APN 921-400-
037-2); Submitted by Diamond Central Investors, LLC. The application was submitted on June
21,2002. A DRC meeting was held on August 8, 2002 and staff is awaiting re-submittal.
Kevin Brown Executive Office Building - A Development Plan to construct, operate and
establish an 11,642 square foot executive office building on 0.95 acres, located at 27247
Madison Avenue, west of Madison Avenue, north of Sanborn Avenue, submitted on July 26,
2002, by Herron & Rumansoff Architects. The project was scheduled for DRC on September
5th. The project has been scheduled for the November 20th Planning Commission hearing. Staff
recommended re-design. The Planning Commission continued the item to the December 18th
Planning Commission meeting in order to redesign the architecture of the building. As of
December 4~h the applicant has not resubmitted plans.
Residential
Harveston Tentative Tract Map No. 30668 - Residential Tract Map application to subdivide 18.3
acres into 107 residential lots. The application was submitted on December 3, 2002. Staff is
currently reviewing the application materials for completeness.
R:'~MONTHLY. RPT~2.002'u'~overnber 2002 Report.doc
6
Harveston Tentative Tract Map No. 30699 - Residential Tract Map application to subdivide 31.3
acres into 205 residential lots. The application was submitted on November 20, 2002. Staff is
currently reviewing the application materials for completeness.
Naron Pacific Tentative Tract Map 30434 - A proposal for zone change from L-1 to L-2 on 31.93
Acres and Tentative Tract Map to subdivide into 33 residential lots and 2 open space lots. Staff
is still waiting for submittal of a constraints map and submittal of a proposed PDO.
Tentative Tract Map 29133 Revision - A request to revise a previously approved TTM to change
a public street to private, add a gated entry and relocate affected driveways and drainage. Staff
is currently reviewing the revised map exhibits.
Tentative Tract Map 30169 - Residential Tract Map application to subdivide a 4.57 acre pamel
into seven 1/2 acre net lots, which includes a zone change request to amend the property zoning
from L-1 to L-2. Staff sent out a design review comment letter addressing the revised map
exhibit in early December and is conducting an environmental initial study of the applications.
Vail Ranch Home Variance - A Variance to reduce the rear setback from 10' to 8'6" to
accommodate a 327 square foot room addition to an existing residence. Staff transmitted the
exhibits and is reviewing application for completeness.
Villages of Temecula - Planning application for a Vesting Tentative Parcel Map to develop and
operate a 160 unit apartment complex and an office retail center on 22.97 acres located on the
south side of Rancho California Road 200 feet west of Cosmic Drive. This project was
submitted on December 4, 2002, and is still under review.
Miscellaneous
AT&T Wireless - A Conditional Use Permit/Development Plan to construct, operate and
establish an unmanned wireless communication facility consisting of a 60'-0" mono-pine and a
8'x12' equipment area, located at the Rancho California Water District Water Reservoir
Complex, east of Meadow Parkway. The project was submitted on June 21,2002. Although the
project was deemed complete on July 19, 2002, the applicant was advised that staff could not
support the proposal. Additionally, since the project was submitted, staff has received numerous
phone calls, letters and petitions in opposition to the project from the adjacent homeowners,
however the applicant, Velocitel, Inc. resubmitted revised plans. The applicant's representative
indicated verbally that AT&T intended on withdrawing the proposal.
Banzai Japanese Steakhouse - PA02-0622 A minor conditional use permit to upgrade the
current Alcohol Beverage Control (ABC) license from type 41 (On sale beer and wine license) to
a type 47 (On sale general license), which authorizes the sale of beer, wine and distilled spirits
for consumption on the licensed restaurant premises. The application has been scheduled to
the Director's Hearing on December 19, 2002. Staff is recommending approval.
Grace Presbyterian Church - is a Conditional Use Permit to construct a church facility in two
phases. The site is located at the southwest corner of Calle Medusa and Nicholas Road. A
DRC meeting was conducted on August 29, 2002. Staff is awaiting revised plans.
R:'~MONTHLY. RP'F~2002',November 2002 Report.doc
7
Harveston Welcome Home Center - A Development Plan to establish a 3,493 square foot
housing sales facility. The site is located at the southwest corner of Landings Road and Village
Road within the Harveston Specific Plan boundary. A DRC meeting was conducted on October
17, 2002. Staff is awaiting revised plans.
Lanni Subdivision Revision - A revision to a previously approved subdivision to change a street
from public to private. The application is in the process to making revisions required by staff.
Meadowview Golf Course - Conditional Use Permit and Development Plan to design and
construct a public golf course and driving range within the Meadowview Community. Staff has
reviewed a third draft of Focused Environmental Impact Report. The developer is selecting a
new environmental consultant to complete the draft EIR.
Rainbow Canyon Retail Center Design Guidelines - Application for approval of amhitectural,
landscaping and signage design guidelines for the Rainbow Canyon Retail Center. The subject
property is located at the southeast and southwest corners of State Hwy. 79 South and Pala
Road. Staff is currently working with the project architect to draft specific architectural design
guidelines.
Vail Ranch Sign Program - A Riverside County approved project has submitted a master sign
program for a center located along the south side of Highway 79, immediately east of a medical
building under construction. A letter was sent out August 19, 2002, requesting changes to the
program.
Wireless Telecommunication - is a Minor Conditional Use Permit to co-locate three sector
antennas on an existing 57 foot high monopine and the installation of four equipment cabinets,
located at 41520 Margarita Road (954-020-005); submitted by AT&T Wireless. The project was
deemed incomplete on May 7, 2002. A DRC meeting was held on May 23, 2002, and staff is
awaiting re-submittal by applicant. As of November 12, 2002, staff has not received any new
plans from the applicant.
Small Business Assistance
Mad Madeline's: Staff met with the sign contractor in preparing a sign program for this Old Town
commercial complex. The project was presented to and approved by the Old Town Local
Review Board at its October meeting.
· Taqueria Temecula: Planning and Redevelopment staff met with the owners of this business to
help them with obtaining new signs and paint through the Fa(~ade Improvement Program.
The Barn (Formally Lighthouse Thrift): Staff had a follow-up meeting with the new owner of the
existing building in Old Town and aided him in refining his new fa(;ade design for final approval
by the Planning Department.
The Hitching Post: Worked with applicant's contractor in preparing a sign program for this Old
Town commercial complex. The project was presented to and approved by the Old Town Local
Review Board at its October meeting.
The Sagebrush Center: Staff had follow-up meetings with Freedom Signs regarding a new sign
program at this Old Town building complex. Preliminary designs are currently under
development.
R:'WIONTHLY.RP'F',2002'vNovember 2002 Report.doc
8
The Firehouse Building: Preliminary paint and sign designs are being developed for this
historical Old Town building. A planning application for this project will be submitted to the Old
Town Local Review Board at their January meeting.
Special Event Permits
· Boys and Girls Club: Applicant is working with the owner (Temecula Town Association) of this
property to obtain a Temporary Use Permit for a commercial coach at this Pujol Street location.
· Dicken's Christmas: Helped organizer Melody Brunsting and the Redevelopment Department
process a temporary use permit for this City-sponsored event in Old Town Temecula.
TTA Rod Run: City staff met with the organizers (Temecula Town Association) of this event to
help them with a variety of issues pertaining to this Old Town event that will take place on
February 15 and 16, 2003. The GIS Division of the Planning Department prepared a new site
plan for this application.
Massage Establishment Permits
· Dubois Salon & Spa: A one-year Massage Establishment Permit was issued on November 26
2002, to this full service salon located at The Commons (Promenade Mall).
· J.C. Penney Salon: A one-year Massage Establishment Permit was issued on November 26
2002, to this full service salon located in the Promenade Mall.
Massage Professionals & Skin Care: A massage establishment application for this Old Town
business has been submitted to the City. Staff is awaiting the results of a background check of
the applicant from the State of California Department of Justice.
Special Proiects & Lon,q Ran,qe Plannin.q Activities
The Division also commits work efforts toward larger scale and longer time frame projects for both
private and public purposes. These activities can range from a relatively simple ordinance or
environmental review to a new specific plan or a general plan amendment. Some of the major
special projects and long range planning activities are as follows:
Comprehensive General Plan Update - The CAC has completed its review of the draft goals and
policies, and is currently considering alternative land uses. Staff and consultant are working on
the draft plan.
· Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance. This item is on hold pending additional staff resources.
John Warner Road Assessment District - Assisting Public Works with formation of an
Assessment District for road, sewer and storm drain improvements. Waiting on submittal of
storm drain plans.
Large Family Day Care Home Facility Ordinance - The Planning Commission considered the
revised ordinance on October 2, 2002, and recommended that the City Council adopt the
ordinance. The Ordinance was scheduled on November 20, 2002.
R:'~,4ONTHLY.RPT~2002'~Novernber 2002 Report.doc
9
PA00-0421 and PA00-0422 Butterfield Stage LLC - General Plan Amendment and Zone
Change at SEC of Butterfield Stage Road and Hwy 79 South to change 20.33 acres from
Neighborhood Commercial to Community Commercial and Open Space. The applicant has new
party interested in purchasing the site. There has been no activity in several months. Staff is
considering closing the application.
PA02-0260 Valley Christian Fellowship - Staff presented a General Plan Amendment and Zone
Change from VL to PO at the SWC of Margarita and De Portola Roads. The Planning
Commission considered this item to the November 20th meeting, and is recommending that the
Council not approve this request. It has been rescheduled for the January 14, 2003, Council
meeting.
Procedures to Implement CEQA - Staff initiated project to develop local guidelines for
processing CEQA documents, including the adoption of local exemptions. The process will also
conform to the 2002 CEQA Guidelines, and will create new templates for standard CEQA forms.
New procedural documents and forms are almost complete. Package will be sent to the City
Attorney's office for review and comment.
Southside Specific Plan - Staff is reviewing the work that was previously done to possibly
develop design guidelines for this area. Staff is looking at the possibility of developing design
guidelines and/or a sign program for this area.
Surface Mining Ordinance - The staff and City Attorney had been making final changes based
upon feedback from the State prior to submitting this item to the Council for their consideration.
This item is on hold pending additional staff resoumes.
Traditional Neighborhood Development Ordinance - Final changes are being made prior to
scheduling this item for a Planning Commission workshop. This item is on hold pending
additional staff resources.
City - Project environmental reviews and permitting:
Old Town Southern Gateway Landscaping Project - Request from Public Works for
Environmental Determination for this project. Previously prepared Negative Declaration
may need to be modified because the project description has changed.
o Overland Drive Extension - Staff has reviewed 2nd submittal of the draft initial study /
Mitigated Negative Declaration and has provided comments to Public Works.
Pechanga Parkway (formerly Pala Road) Widening & Sound Wall - Staff has received and
is reviewing Jurisdictional Delineation Studies (wetlands and blue line stream) and other
regulatory materials for USACE, CDFG and RWQCB. Staff reviewed 90% design submittal
and met with CalTrans in the field on November 15, 2002. CalTrans is requiring additional
studies. Michael Brandman Associates has been retained to complete remaining studies.
o Rancho California Road Bridge Widening - Approved by City Council on September 24,
2002. Council member Pratt is challenging the Negative Declaration.
Rainbow Canyon Road - Review and provide comments on NEPA Compliance package to
replace and install a half-mile of new guardrail on Rainbow Canyon Road from the City limits
to Temecula Creek Inn Golf Course entrance.
R:'~MONTHLY.RPT~2002'uNovember 2002 Report.doc
10
Vail Ranch Middle School Basketball Court Lighting - Negative Declaration prepared,
waiting for TCSD and TVUSD to reach an agreement regarding Use Before School to City
Council. Project on hold until 2003 or 2004 when CIP funds become available.
Winchester Road Widening Project - Request from Public Works for Environmental
Determination to widen Winchester Road west of Jefferson. Need more information from
Public Works before initial study is prepared.
General Plan Amendments
A request to reduce the size of Via Industrial (Western Bypass Corridor) north of Avenida
AIvarado has been submitted and has been on hold pending the approval of a revised
Circulation Element.
Eli Lilly General Plan Amendment and Zone Change - The applicant's proposal would involve
changing the land use designations to Community Commemial. Staff has accepted applications
to change all designations to Community Commercial, with restricted uses at the southwest
corner of Overland Drive and Margarita Road. The Planning Commission recommended
approval on November 20, 2002. It is expected to be considered at the January 14, 2002, City
Council meeting.
Margarita Village Specific Plan - A General Plan Amendment for Pamel Map 22513, amending
the land use from Neighborhood Commercial to Community Commercial on 9.77 acres located
at the southeast corner of Rancho California Road and Meadows Parkway (954-030-001);
Submitted by Venture Point. In addition to the General Plan Amendment the applicant has also
submitted a Specific Plan Amendment, Conditional Use Permit and Development Plan. The
applications were submitted on May 23, 2002. A DRC meeting was held on August 8, 2002.
The project has been scheduled for the December 4, 2002, Planning Commission meeting.
Geo,qraphic Information System (GIS) Activities
Staff is in full receipt all digital ortho-photos (imagery) from the Project Design Consultant's
contract including 6" pixel resolution imagery for within the city limits and 1' pixel imagery for 150
square miles around the City. These data sets will be compressed and viewing software will be
purchased within the month so that the imagery will be accessible for all city staff.
· Staff continues to conduct system and database management for the City's fully operational GIS
based Fire Response Program.
· Staff continues to make weekly updates to the database and maps for the City's Megan's Law
link on the web page.
· Staff continues to work with Public Works staff to map storm drain locations with the City's GPS
unit. This is an ongoing project, which will take several months to complete.
· Staff has been working with Community Services Department to integrate tree inventory data for
city maintained slopes and parks with GIS to enhance maintenance capabilities.
· Staff updated the General Plan Land Use and Zoning maps based on recent City Council
actions.
R;~,MONTHLY. RPT',2.002'~Iovember 2002 Report.doc
11
Recent mapping products and data requests include:
A series of maps identifying landscape median and slope facilities maintenance areas
for Community Services
Updates to the maps for the Rod Run 2003 event
Map showing vacant open space properties for Community Services
An aerial site map for the Old Town area
Residential housing unit statistics by Police Reporting District for the Police Department
and Planning
Commercial/Industrial properties statistics by Police Reporting District for the Police
Department and Planning
An aerial site map of Linfield School for Planning
Fault map of city hall and surrounding properties for Redevelopment
Site map of the Pujel Street area for Redevelopment
A map identifying all unpaved streets for Public Works
A map with 600 foot radius of Home Depot Center site for Planning
Various aerial vicinity maps for Planning and Redevelopment and Community Services
A list of all non-residential pamels within the City for Fire
A map showing potential trail under crossing at Margarita and Winchester for Public
Works for Public Works
A map a 1-mile radius around all cell tower locations for Planning
Mailing labels for property owners within Tract 1872 for Community Services
A map showing the boundary of the proposed John Warner Assessment District
boundary for Public Works
A list of all parcels and addresses in the Vail Ranch area for Code Enforcement
A map identifying all tracts within the Vail Ranch area for Building
Lot analyses for the Redhawk area for the City Manager's Office
Update to the potential park and ride site map for the City Manager's Office
Vicinity, zoning and land use exhibits prepared for Planning
Additionally Staff conducted updates to the street centerline data, provided updated data to IS
and Fire staff for the Fire Response program and updated MapObjects data for Internet GiS
Staff continues with ongoing data layer development and maintenance.
R:'~MONTHLY. RPT~2002~November 2002 Report.doc
12
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE~I~.
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
William G. Hughes, Director of Public Works/City Engineer
December 17, 2002
Department of Public Works Monthly Activity Report
RECOMMENDATION: Attached for City Council's review and filing is the Department of Public
Works' Monthly Activity Reports for the month of November, 2002.
MOACTRPT
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
November / December 2002
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: December 17, 2002
PROJECTS UNDER CONSTRUCTION
1. First Street Extension - Environmental Mitigation
This project will create approximately 1.49 acres of wetlands along Murrieta Creek at First Street. It
includes construction of landscaping and irrigation improvements, and maintenance of said
improvements for a period of five (5) years in accordance with California Department of Fish and
Game and U.S. Army Corps of Engineers permit requirements. ACOE and RCFC are requesting
the relocation of the mitigation site to avoid conflict with Murrieta Creek Improvement Project. A
letter was sent from the City to ACOE for possible alternate mitigation site. The City is waiting for a
response from ACOE concerning the relocation.
2. Pavement Rehabilitation Program - FY 2001/2002
This project will rehabilitate and reconstruct portions of Rancho California Road between Hope Way
and Cosmic Drive. R.J. Noble Company is the contractor. This project consists of the removal and
replacement of failing portions of Rancho California Road between Hope Way and Cosmic Way.
The contractor is R.J. Noble Company. The project was completed ahead of schedule and under
budget. Notice of Completion set for the January 14, 2003 City Council meeting. Final contract
amount: $598,858.97
3. Community Theatre - Mercantile Seismic Retrofit
This project will create a community theatre at the old Memantile building in downtown Temecula.
2H Construction began construction on Monday, September 16, 2002. Construction of braced
frame grade beam continues with structural steel column placement underway.
4. Citywide A.C. Repairs - FY2001-02
This project will repair various road sections throughout the City. All American Asphalt is the
contractor. Construction was completed ahead of schedule. Anticipate Notice of Completion to be
presented to the City Council at the January 28, 2003 meeting.
5. Children's Museum
This project will construct a 7,500 square foot children's museum. The contract was awarded at the
September 17, 2002, City Council meeting to R.E. Fleming Construction. The contractor is
proceeding with the modifications to the restrooms, and the interior walls. The HVAC units have
been set. Repair and retrofit of the foundation system on the east side of the building will be
required. This will result in a delay of at least two months.
R:~Vl°nthlyActiviiYRep°r t\CIP~2002~aN°vember'd°c
6. Rancho Vista Road Drainage Improvements
This project will improve the maintenance of the storm drain system on Rancho Vista Road
immediately adjacent to the MWD easement. The project was awarded at the September 24, 2002,
City Council meeting to McLaughlin Engineering & Mining. The contractor has completed the work
and the storm drain system is clear of obstructions. Notice of completion is pending.
PROJECTS BEING ADVERTISED FOR BIDS
1. Pechanga Parkway (Formerly Pala Road) Sound Wall Improvements
Under this project, sound walls will be designed and constructed on the southwest side of Pechanga
Parkway, from Rainbow Canyon Road to the Pechanga casino and on the northeast side along the
residences just north of Loma Linda. The construction bids were to be opened on December 12,
2002 and the contract is to be awarded at the December 17, 2002 City Council meeting.
Construction will begin in January or February 2003. Work is being coordinated with the Pechanga
Parkway Phase II Improvements.
PROJECTS IN DESIGN
1. Pechanga Parkway (Formerly Pala Road) Improvements - Phase II (SR 79 South to
Pechanga Road)
This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the
Pechanga Parkway Bridge to Pechanga road. The City is currently working with Caltrans' Local
Assistance and City's Environmental Consultant to expedite the environmental approval process.
The Preliminary Environmental Document Classification (NEPA) of the project has been determined
to be an "Environmental Assessment" (EA). Required technical studies (involving Federal action)
will be included in the EA. The consultant submitted 90% drainage design plans to RCFC & WCD
for review. Comments from RCFC & WCD were received the week of December 2, 2002. 90%
plans and specs are to be submitted the week of December 9, 2002.
2. Rancho California Road Bridge Widening Over Murrieta Creek
This project will widen Rancho California Road Bridge over Murdeta Creek to provide four additional
traffic lanes. The design consultant is currently making final revisions to the drawings and
specifications. Processing for environmental requirements is schedule for completion by iate
November 2002. The project is scheduled to be bid by late December 2002.
3. Temecula Library
A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba
Road, just west of Fire Station #84. This project will provide the community with library resources
and services. A separate parcel has been created for the library for bond purposes. The application
2 R:~vlonthlyActivi~yRepor t\C IP~2002~November. doc
to the State was submitted on 6/13/02. The City's application was not among the approved ones.
There is $20 Million of this year's funding that has not been allocated. The City will be trying to get
approved for funding from this allocation. Utility services construction will be coordinated with Pauba
Road, Phase ~1 Street Improvements.
4. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road)
This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate
width. The City has reviewed the 100% Design Plans submitted by the consultant. Specifications
are under review. Plans were sent to all utilities and utility issues are being addressed.
Environmental issues were identified by the City Planning Department and they are preparing the
documents. Work is being coordinated with the library project.
5. John Warner Road Assessment District - Hydrology Study
Under this project a drainage study will be done to compliment the improvement plans being done
by the property owners. Eventually the City will be the oversight agency for a property owners
sponsored assessment district. An agreement amendment was approved by City Council on
October 8, 2002. ERSC submitted a revised hydrology study with storm drain alternatives on
10/30/02. The City will choose a preferred alternative this reporting period. The Storm Drain design
on the preferred alternative and Engineer's Cost Estimate preparation will continue during the next
reporting period.
6, Landscaping and Sidewalk On SR 79 South (Front Street to Pechanga Parkway)
The project consists of the design and construction of new sidewalk, landscaping, and irrigation
along State Route 79 South between Pechanga Parkway and Old Town Front Street. Review of 1st
plan submittal is complete. However, the project scope was modified. The modifications were
incorporated into 60% submittal, and the plans were re-submitted to Caltrans. Caltrans tentatively
approved the plans, and final revisions are being made. Maintenance agreement between City and
HOA is being finalized. HOA has tentatively approved the planting layout. We anticipate final plan
submittal in two weeks.
7. Temecula Sports Complex
A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow
Way. Conceptual Master Plan is scheduled to be presented to Community Services Commission
on December 9, 2002, and to City Council on the first meeting in January for approval to begin the
construction documents. Existing facility maps for Pechanga Parkway and Deer Hollow Way have
been received from utility companies.
8. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road
over Empire Creek
This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga
Creek and the Del Rio Road Bridge over Empire Creek. Simon Wong Engineering (SWE) delivered
the 100% Plans and the Engineer's Cost Estimate in early October. The Specifications is being
finalized. The construction-funding request is being prepared and will be submitted to Caltrans as
soon as possible.
3 R:~vlonthlyAcfivityRepoffiC IPX2OO2~N ovember.doc
9. Fire Station - Wolf Creek Site
A fire station will be built at the Wolf Creek Site. The Plans have been approved with exception of
grading plans. Wolf Creek development plans have revised roadway elevations. The precise
grading plan must be revised accordingly. We are still waiting for the final elevation from the
Developer.
10. Pavement Management System Update
The project will establish a pavement management program that will provide an on-going schedule
of needed repairs and provide data that will be used to prepare budget estimates required to
complete the scheduled work. GIS links, AutoCAD review, and updates to MicroPAVER are included
in the total program. The consultant will submit the final pavement study to the City by the end of
December 2002. The consultant has conducted three MicroPAVER training sessions for Public
Works staff.
11. Vail Ranch Park (Near Pauba Valley School) - Add Amenities
This project will add amenities, including play equipment to the recently annexed Vail Ranch Park.
RHA Landscape Architects/Planners Inc. is the design firm. First submittal was made on May 3rd.
The City reviewed these documents and returned them to the consultant for revisions. The City and
RHA met on 7/31/02 to discuss these comments and revisions are being made. Soil samples were
taken and results were provided to TCSD on 8/28/02. TCSD is having a grading plan prepared and
it will be submitted in 12/02. Once the grading plan is received the design documents will be
finalized.
12. Murrieta Creek Multi Purpose Trail
This project will build portions of the equestrian and bike trails along Murrieta Creek within City
limits. The City has received a federal grant of $1,214,000. Caltrans has given the City the
"Authorization to Proceed with Preliminary Engineering." The City has determined the most qualified
consultant based on the interviews held on November 19, 2002. The City is currently in contract
negotiation with the chosen consultant.
13. State Route 79 South Medians
Under this project medians will be constructed on State Route 79 South within the City of Temecula
limits. A Request For Proposal (RFP) was sent out to consultants during the week of November 4,
2002. Responses have been received. Staff review of proposals is to occur during week of Dec 9,
2002.
14. Guardrail Installation and Replacement On Rainbow Canyon Road
In this project, old guardrails will be replaced and new guardrails will be installed in needed locations
on Rainbow Canyon Road within the City of Temecula. The RFP for design has been prepared but
must be approved by Caltrans prior to publishing. The request for RFP approval and design
funding was submitted to Caltrans on 11/06/02.
15. Diaz Road Realignment
Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road.
Business Park Drive will be a T-intersection at Diaz. City staff is currently designing the project.
Street and landscaping design completion is scheduled for December 2002. A signal for Rancho
4 R:kMonflflyActivityReporfiCIPX20ff2~Novemberidcc
Way has been added and is currently under design. Right of Way and environmental processing
are anticipated to be completed by January of 2002.
16. Rancho California Road Median Modifications at Town Center
The project will include the closing of the two median openings on Rancho California Road in front
of the Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via
Los Colinas to improve traffic circulation. The design is 100% complete. To avoid construction
during the holiday period, bidding will not begin until December with construction starting in February
2003. This project will be combined with PW00-20.
17. Rancho California Road Widening at Ynez Road (Add right turn lane to westbound lanes)
This project will add a right turn lane on westbound Rancho California Road at Ynez Road. Right of
way acquisition at the northeast corner of Rancho California and Ynez is in process with Claim
Jumper Restaurant and Swedish American Corporation signing the acquisition agreements. In-
house design is 90% complete. To avoid construction during the holiday period, bidding will not
begin until November with construction starting in January 2003. This project will be combined with
PW00-02.
18. Winchester Road Widening Between Enterprise Circle and Jefferson
This project will widen Winchester road between Enterprise Cimle and Jefferson Avenue. It will also
add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise
Circle. Project layout was plotted and discussed with Traffic and the Director of Public Works. In-
house design continues, with recent modifications to the design being implemented.
19. Rancho California Sports Park ADA Access and Shade Structure
This project entails the design and construction of ADA compliant concrete walkways to the
remaining ball fields, 3,4,5,7 & 8. It will also include the installation of two shade picnic/seating areas
adjacent to the snack bar building. Design work is 95% complete. Currently the second plan
submittal is being revised. Specifications are being finalized and have been submitted for review.
Plans submitted to TCSD and Building and Safety on 11/26/02.
20, Bus Bench Upgrades
Under this project, bus benches and shade structures will be installed and existing ones will be
upgraded at various locations. Project research on locations of current bus stops, existing bus
bench/shade structures, bus bench/shade structure costs and RTA routes is nearly complete. A bus
bench/shade structure design and locations will then be identified.
PROJECTS IN THE PLANNING STAGE
1. 1-15/SR 79 South Interchange - Project Study Report (PSR)
This project will modify the I-15/SR 79 South Interchange to accommodate projected future traffic.
The City received the final Value Engineering Analysis Report from Caltrans on May 8, 2002. All the
proposed alignments presented by the value analysis team were rejected. A meeting between the
City and Caltrans staff occurred on 9/11/02 to discuss the project. The City's consultant provided an
5 R:~aM°nthlyActivi~yRep°n~C IP~2002~ °vember'dcc
alignment modification with supporting traffic data to Caltrans on 10/02/02. Caltrans provided
comments and the consultant addressed those comments and sent a response to Caltrans. We are
waiting for Caltrans' decision.
2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans
Specifications, and Estimate (PS&E) Preparation
This project will construct an interchange between Winchester Road Intemhange and the 1-15/I-215
split. On October 3, 2002 five consultants were interview by a seven-member panel consisting of
Caltrans, City of Murrieta, and City of Temecula personnel. The interview process included a
presentation by each consultant and a questions/answers period. The panel has recommended the
most qualified consultant. The consultant will be providing the City a Project Report (PR), and
Environmental Documents (ED) for this first phase of the design process. Staff is currently in
negotiations with the chosen consultant. This project will include the southbound off-ramp to
Jefferson Avenue. Staff will bring a recommendation to the City Council on January 14, 2002.
3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road
This project will entail alignment studies and the design of an extension of Overland Drive, westerly
to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening
of Overland Drive from Jefferson Avenue to Commeme Center Drive, and the extension of Overland
Drive across Murrieta Creek to Diaz Road. PDC has completed the alignment study and staff has
reviewed copies of the preliminary plans. Staff has reviewed design costs for next year's fiscal
funding. No funding until FY03-04
4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecuia City
Limits and Diaz Road Extension
This study will determine the alignment and location of the Murrieta Creek crossing between
Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz
Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside
County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met
with Riverside County Flood Control to discuss possible alignments. The consultant is currently
awaiting data from Riverside County Flood Control in order to complete the work on the first draft of
the alignment study. Staff was informed this data could take up to a year to receive (from May
2002).
5. Pedestrian Crossing- SR 79 North at Nicolas Road
City met with Caltrans and sent a letter at their request to initiate this project. Caltrans responded in
a letter that the bridge does not meet their warrents and that they will not support nor will they allow
its construction. The final feasibility report was received from the consultant. The City Council did not
approve the construction of this pedestrian crossing.
6 R:WlonthlyActivityReponSC IP~2002q'4 ovember.doc
PROJECTS THAT ARE SUSPENDED OR ON-HOLD
1. Santa Gertrudis Bridge Widening at 1-15
This is Phase II of the Southbound Auxiliary Lane project at the southbound exit ramp for
Winchester Road. This project will widen the 1-15 southbound exit-ramp at the Santa Gertrudis
Creek Bridge to provide an additional lane on the exit ramp just north of Winchester Road. Staff is
revisiting the merits of this project in light of the Project Study Report for French Valley Parkway
Interchange. The study shows that this bridge may have to be removed in the future to
accommodate the new Interchange. This project is suspended indefinitely.
2. Margarita Road/Winchester Road Intersection Improvements
Project is on hold. Under this project, an additional left turn from eastbound Winchester to
northbound Margarita will be added in order to accommodate increasing traffic volumes. Design is
50% complete. A developer will be doing this project.
3. Pujol Street Sidewalk Improvements - Phase II
Project is on hold. This project will complete the knuckle at the intersection of Sixth Street and
Felix Valdez. The developer of a nearby property may be designing and constructing this project.
4. School Site ADA Improvements
Project has been removed from this year's ClP. Design and construct ADA concrete walkways
and hand railing to athletic facilities at Temecula Middle School, James L. Day Middle School and
Margarita Middle School. TCSD re-allocated the funds.
5. City Hall Parking Lot Modifications
Project is on-hold. Funding has been postponed until FY 2004/2005. Under this project, a
security fence will be installed between the existing maintenance facility and the western side of City
Hall to secure the parking lot west of the main building. The design of a security fence between the
existing maintenance facility and the western side of City Hall will be performed in-house. A scoping
meeting was held on November 12, 2001. Reseamh on existing base maps for the proposed area
and as-builts for the existing security fence near the maintenance facility is complete. Design and
review of the proposed layout is complete. The project is currently on hold waiting for further
direction
7 R:',MonthlyActivityReport~ClP~2002hNovember .doc
..8
mI'
,,8
LU
I--
Z
UJ
LU
0
--I
<
<
0
-!
,,8
mml
,,8
..8
I-
Z
LU
LU
>.
0
.-I
<
0
I--
LLI
LLI
LLI
TO:
FROM:
DATE:
MEMORANDUM
Bill Hughes, Director of Public Works/City Engineer
~ff/~ Brad Buron, Maintenance Superintendent
December 6, 2002
SUBJECT: Monthly Activity Report - November, 2002
The following activities were performed by Public Works Department, Street Maintenance Division in-house
personnel for the month of November, 2002:
I. SIGNS
A. Total signs replaced 89
B. Total signs installed 55
C. Total signs repaired 83
II.
TREES
A. Total trees trimmed for sight distance and street sweeping concerns
3
37835
46
222
31
14016
III.
ASPHALT REPAIRS
A. Total square feet of A. C. repairs
B. Total Tons
IV.
CATCH BASINS
A. Total catch basins cleaned
Vi.
VII.
RIGHT-OF-WAY WEED ABATEMENT
A. Total square footage for right-of-way abatement
GRAFFITI REMOVAL
A. Total locations
B, Total S.F.
STENCILING
A. 7 New and repainted legends
B. 230 L.F. of new and repainted red curb and striping
R:\MAINTAIN\MOACTRPT~JULY 2002- JUNE 2003\NOVEMBER.02 DOC
Also, City Maintenance staff responded to 39 service order requests ranging from weed abatement, tree
trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This iscompared to 4'1
service order requests for the month of October, 2002.
The Maintenance Crew has also put in 88
events and response to street emergencies.
__ hours of overtime which includes standby time, special
The total cost for Street Maintenance performed by Contractors for the month of November, 2002 was
$20~252.00 compared to $38,125.00 for the month of October~ 2002.
Account No. 5402 $ 7,372.00
Account No. 5401 $11,200.00
Account No. 999-5402 $ 1,680.00
CC:
Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (CIPFFraffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
,Jerry Alegria, Senior Engineer (Land Development)
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of November, 2002
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE
CONTRACTOR: MONTELEONE CONTRACTING
Date: 11/12/02 SANTIAGO AND JOHN WARNER CONSTRUCT 4 DESLITING PONDS FOR
SILT CONTROL
# 5401 TOTAL COST $ 11,200.00
Date: 11/12/02 SERVICE LEVEL "R"
GRADING OF DIRT ROADS DUE TO RAINS
# 99-5402 TOTAL COST $ 1,680.00
Date:
TOTAL COST
Date:
# TOTAL COST
CONTRACTOR: BECKER ENGINEERING
Date: 11/21/02 CITYWIDE A.C. SAW CUTTING FOR PUBLIC WORKS
A.C. PATCH TRUCK
# 5402
TOTAL COST $ 2,372.00
Date:
TOTAL COST
CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT
Date: 11/02 CITYVVIDE R.O.W. WEED ABATEMENT AND DEBRIS
REMOVAL
# 5402 TOTAL COST $ 5,000.00
Date:
# TOTAL COST
TOTAL COST ACCOUNT #5401 $ 11,200.00
TOTAL COST ACCOUNT #5402 $ 7,372.00
TOTAL COST ACCOUNT #99-5402 $ 1,680.00
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF NOVEMBER, 2002
DATE LOCATION WORK COMPLETED
11/01/02 CRYSTALAIRE DRIVE ATHONORS INSTALLED R2-25
11/02/02 JUNE ROAD AT NICHOLAS ROAD REPLACED R-1
11/05/02 41638 WINCHESTER REPLACED W-41
11/05/0~ MARGARITA/GEORGETOWN AREA INSTALLED 8 BLUE R.P.M.s
11/05/02 OVERLAND DRIVE REPAIRED 2 SIGNS
11/05/02 RANCHO CALIFORNIA ROAD REPAIRED 11 SIGNS
11/05/02 RANCHO CALIFORNIA ROAD AT MARGARITA REPLACED R-26-81 COMBO
11/05/02 RANCHO CALIFORNIA ROAD AT MARGARITA REPLACED W4I, R45, R-26, R-50
11/05/02 SWEETSHADE LANE INSTALLED 6 BLUE R.P.M.s
11/06/02 SOLANA AREA SOUTH OF MARGARITA INSTALLED 14 BLUE R.P.M.'S
11/06/02 6TM STREET AT FELIX VALDEZ REPLACED W-3, 2 "N" MARKERS
1/06/02 RANCHO CALIFORNIA ROAD REPAIRED 9 SIGNS
11/07/02 CAMPANULA AT LA SERENA REPLACED R-7
11/07/02 CAMPANULA AT MEADOWS REPLACED R-7
11/07/02 RANCHO CALIFORNIA ROAD AT YNEZ REPLACED R-7
11/07/02 RANCHO CALIF. ROAD / MEADOWS PARKWAY REPAIRED 15 SIGNS
11/12/02 CITYWlDE REPAIRED 14 SIGNS
11/12/02 RIO NEDO AT TIERRA ALTA REPLACED R-1
11/12/02 CALLE MEDUSA SOUTH OF HICHOLAS REPLACED R-2-25
11/14/02 YNEZ AT YNEZ COURT REPLACED R-7, K MARKER
1/14/02 AREA #5 REPLACED 21 S.N.S.
1114/02 MILL RUN AT VAIL RANCH REPLACED R-1
I
DATE
LOCATION I WORK COMPLETED
11/14/02 FRONT STREET AT HWY 79 SO. REPLACED 1 DELINEATOR
l 1/14/02 BUTTERFIELD STAGE SOUTH OF HWY 79 REPLACED 3 DELINEATORS
11/18/02 MARGAKITA AT DE PORTOLA REPLACED R-I
11/18/02 AREA #5 REPLACED 12 S.N.S.
11/18/02 CITYWIDE REPAIRED 4 SIGNS
11/19/02 NO. GENERAL KEARNEY AT GOLDENROD INSTALLED 18 RPMs, 2 R-l, 2 W-I 7, 3 R-lA
11/19/02 NO. GENERAL KEARNEY AT GOLDENROD REPLACED R- 1
11/20/02 NO. GENERAL KEARNEY AT NICHOLAS REPLACED R-1
11/20/02 YNEZ ROAD AT RANCHO CALIFORNIA ROAD REPLACED R-2-40
1 I/21/02 HUMBER AT ROANOAK REPLACED R-1
11/21/02 LA SERENA AT PROMENADE CHARDONNAY REPLACED TYPE N
11/21/02 MARGARITA AT VERDES LANE REPLACED 2 R-7, 5 DELINEATORS
11/25/02 VAIL RANCH REPLACED 8 S.N.S.
11/25/02 MARGARITA AT VIA LA VIDA REPLACED R-26-81 COMBO
11/25/02 CITYWIDE "WIND" REPAIRED 12 SIGNS
11/26/02 VAIL RANCH REPLACED 6 S.N.S.
11/26/02 MARGARITA NORTH OF WINCHESTER REPLACED R-1
11/26/02 LIEFER NORTH OF NICHOLAS REPLACED 2 TYPE "P"
11/26/02 CORWN HILL AT MANCHESTER INSTALLED W-53
11/26/02 CORTE ARGENTO AT VIA BANDE REPLACED R- 1
11/26/02 PALOMA DEL SOL AREA REPAIRED 6 SIGNS
11/27/02 43153 MARGARITA REPLACED R-26
11/27/02 NICHOLAS AT NO. GENERAL KEARNEY REPLACED S.N.S.
TOTAL SIGNS REPLACED 89
TOTAL SIGNS INSTALLED 55
TOTAL SIGNS REPAIRED 83
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF NOVEMBER, 2002
DATE LOCATION
WORK COMPLETED
11/01/02 CRYSTALAIRE DRIVE AT HONORS INSTALLED 1 LEGEND
11/19/02 NO. GENERAL KEARNEY AT GOLDENROD INSTALLED 6 LEGENDS
11/19/02 NO. GENERAL KEAKNEY AT GOLDENROD INSTALLED 230 L.F. OF RED CURB
TOTAL NEW & REPAINTED LEGENDS 7
NEW & REPAINTED RED CURB & STRIPING L.F. 230
R:\MAINTAIN~WKCM PLT D~T RI PINGk[U Ly 2002 TO F~NE 2003\NOVEMBER 02 DOC
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF NOVEMBER, 2002
DATE LOCATION WORK COMPLETED
11/05/02 CITYWIDE CLEANED & CHECKED 16 CATCH BASINS
! 1/05/02 AREA #1 CLEANED & CHECKED 29 CATCH BASINS
11/08/02 AKEAS #3 & g4 CLEANED & CHECKED 52 CATCH BASINS
11/12/02 AREAS #1, #3 &//4 CLEANED & CHECKED 29 CATCH BASIN~
11/12/02 CITYWIDE CLEANED & CHECKED 8 CATCH BASINS
11/13/02 AREAS #1 & #2 CLEANED & CHECKED 43 CATCH BASINS
11/14/02 AREA #2 CLEANED & CHECKED 22 CATCH BASINS
11/21/02 AREA//4 CLEANED & CHECKED 12 CATCH BASINS
11/25/02 CITYWIDE CLEANED & CHECKED 11 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 222
R:/MAINTAIN~WKCMPLETD/CATCHBAS\02 03\NOV EMBER
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF NOVEMBER, 2002
DATE LOCATION WORK COMPLETED
11/05/02 VIA EL GRECO AT CORTE MADERA REMOVED 10 S.F. OF GRAFFITI
11/05/02 40408 WINCHESTER REMOVED 6 S.F. OF GRAFFITI
11/05/02 MARGARITA AT VERDES LANE REMOVED 4 S.F. OF GRAFFITI
11/06/02 MARGARITA PARK REMOVED 60 S.F. OF GRAFFITI
11/06/02 40438 WINCHESTER (3 LOCATIONS) REMOVED 114 $.F. OF GRAFFITI
11/07/02 VAIL RANCH AT REDHAWK REMOVED 18 S.F. OF GRAFFITI
11/07/02 HWY 79 SO. REMOVED 8 S.F. OF GRAFFITI
11/12/02 27700 JEFFERSON REMOVED 2 S.F. OF GRAFFITI
11/12/02 MARGARITA AT WINCHESTER REMOVED 2 S.F. OF GRAFFITI
11/13/02 27555 YNEZ (4 LOCATIONS) REMOVED 68 S.F. OF GRAFFITI
11/18/02 26447 YNEZ REMOVED 6 S.F. OF GRAFFITI
11/18/02 26455 YNEZ REMOVED 60 S.F. OF GRAFFITI
11/20/02 CALLE TAJO AT RANCHO CALIFORNIA ROAD REMOVED 8 S.F. OF GRAFFITI
11/20/02 LIEFER ROAD AT NICHOLAS REMOVED 74 S.F. OF GRAFFITI
11/21/02 TEMECULA CREEK AT I-15 FWY (9 LOCATIONS) REMOVED 560 S.F. OF GRAFFITI
11/21/02 44515 BEDFORD COURT REMOVED 2 S.F. OF GRAFFITI
11/22/02 44535 BEDFORD COURT REMOVED 4 S.F. OF GRAFFITI
11/22/02 40515 WINCHESTER REMOVED 10 S.F. OF GRAFFITI
TOTAL S.F. GRAFFITI REMOVED 1~016
TOTAL LOCATIONS 31
CD
Z
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF NOVEMBER, 2002
DATE LOCATION SCOPE OF WORK S.F. TOTAL
TONS
11/05/02 30465 ANACONDA R & R A.C. 185 5
11/06/02 CITYWIDE "POTHOLES" FILL POTHOLES 410 2
11/07/02 VIA DOS PICOS A.C. OVERLAY 120 3
11/12/02 43602 VIA DOS PICOS A.C. OVERLAY 980 3
11/13/02 VIA DOS PICOS A.C. OVERLAY 675 3
11/14/02 VIA DOS PICOS A.C. OVERLAY 375 3
11/18/02 FELIX VALDEZ AT VINCENT MORAGA R & R A.C. 102 3
11/19/02 30465 ANACONDA R & R A.C. 222 6
11/20/02 30465 ANACONDA R & R A.C. 260 6
11/21/02 29825 CORTE CASTILLE R & R A.C. 60 2
11/25/02 VIA DOS PICOS R&R A.C. 194 4.5
11/26/02 30395 CABRILLO R & R A.C. 252 5.5
TOTAL S.F. OF REPAIRS 3~835
TOTAL TONS 46
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF NOVEMBER, 2002
DATE LOCATION REQUEST DATE WORK
RECEIVED COMPLETED
11/01/02 28565 VALLE JO AVENUE DUST CONTROL 11/14/02
11/04/02 JUNE ROAD AT NICHOLAS R-1 DOWN 11/04/02
11/06/02 44674 CORTE CAPISTRANO BOOK IN STORM DRAIN 11/06/02
11/07/02 ESPOSITO CONST. OLD S.N.S. 11/07/02
11/07/02 OVERLAND WEST OF JEFFERSON DEBRIS PICK-UP 11/07/02
11/08/02 31435 PASEO GOLETA TREE TRIMMING 11/08/02
11/08/02 30680 SANTIAGO STORM RUN-OFF 11/08/02
11/08/02 28897 OLD TOWN FRONT STREET DOWN POWER LINE 11/08/02
11/11/02 43149 CORTE TOLOSA LEAKING FIRE HYDRANT 11/11/02
11/12/02 42338 AGENA STREET TREE REPLACEMENT 11/12/02
11/12/02 43384 VIA ANGELES MANHOLE LID LOOSE 11/12/02
11/12/02 39250 DEPUTY ROAD PHONE LINES HIT 11/12/02
11/12/02 31783 LOMALINDA SINKHOLE 11/12/02
11/12/02 45546 CLUBHOUSE TREE TRIMMING 11/12/02
11/13/02 VIA GILBERTO AT LOMALINDA TREE TRIMMING 11/13/02
11/13/02 30330 CHURCHILL COURT AC REPAIRS 11/13/02
11/14/02 31062 CORTE ALAMAR TREE TRIMING 11/14/02
11/15/02 45932 PARSlPPANY COURT TREE TRIMMING 11/15/02
11/15/02 WINCHESTER AT MURRIETA HOT SPINRGS DEBRIS PICK-UP 11/15/02
11/15/02 30482 SPICA COURT TREE TRIMMING 11/15/02
11/18/02 43004 PINE NEEDLE STREET CATCH BASIN CLEANING 11/18/02
11/19/02 39419 CANYON RIM CIRCLE TREE TRIMMING 11/19/02
11/20/02 41404 BITTER CREEK COURT SPILL 11/20/02
11/20/02 RANCHO CALIFORNIA ROAD AT YNEZ TREE DOWN 11/20/02
11/20/02 30165 CORTE CARRIZO POTHOLES 11/20/02
DATE LOCATION REQUEST DATE WORK
RECEIVED COMPLETED
11/20/02 33031 VALENCE COURT PHONE IN CATCH BASIN 11/20/02
11/20/02 SUMMERFIELD H.O.A. SLURRY SEAL 11/20/02
11/20/02 30445 ANACONDA COURT MAILBOX REPAIR 11/20/02
11/22/02 42741 LAS VIOLETAS COURT DEBRIS PICK-UP 11/22/02
11/22/02 45676 CLASSIC WAY TREE TRIMMING 11/22/02
11/25/02 45320 TOURNAMENT LANE ROOT PRUNING 11/25/02
11/25/02 28520 ELINDA ROAD TREE DOWN 11/25/02
11/25/02 45630 RAINBOW CANYON ROAD TREE TRIMMING 11/25/02
11/25/02 43200 ORMSBY ROAD TREE DOWN 11/25/02
11/26/02 40277 ATMOR COURT DEBRIS PICK-UP 11/26/02
11/26/02 45520 CLASSIC WAY TREE TRIMMING 11/26/02
11/26/02 42987 CORTE DAVILLA S.N.S. DOWN 11/26/02
11/26/02 40365 WINCHESTER ROAD R-1 DOWN 11/26/02
11/26/02 27662 PARKSIDE DRIVE S.N.S. DOWN 11/26/02
TOTAL SERVICE ORDER REQUESTS 39
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAN~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City Manager/City Council
Howard Windsor, City Fire Chief
December 17, 2002
Monthly Departmental Report
RECOMMENDATION:
Attached for City Council's review and filing is the Fire Department's Monthly Activity Report for the
month of October 2002·
Month: October
Year: 2002
1 4 0 23 10
0 0 21 14 5
40 295
86
18.99
0 0 0
0 0 0
School Pro~rams
Fairs and Displays
Company Inspections
LE-38 Dooryard Inspections
Bumint~ Permits Issued
Pre Plans
12
176
0 0 0 3 3 6 38
31 0 0 25 12 68 867
57 0 20 0 77 739
0 0 0 2
Total 99 0 21 34
4
149
3 5 45
[ 18 172 2014
Month: October Year: 2002
Medical Aids 137 86 223 2047 Average Response Times 4.00 4 4.00 N/A
Traffic Collisions 31 24 55 1725 Longest Response Times 10 9 N/A N/A
Public Service Assists 2 2 4 388 Medic Squad Cancelled PTC 6 0 6 586
Fire M~mmce Stzanlbys 1 0 I 32 MS on scene Prior to AMR 93 66 159 1297
Stmcau~ Fires 7 2 9 16 Avera[ge Wait Time For AMR 4.62 4.37 4.50 N/A
Rtaging Aiam~ 3 0 3 60 Performed ALS prior to AMR 50 31 81 686
';RT" " 11 'ITftlIT" "II
Medical Aids 0 0 0 0 Total Call Volume 184 115 299 4332
Tnfffie Collisions I 0 1 I Assists 183 115 298 4331
Public Se~ic~ Assists 0 0 0 0 Calls (Medic Squad Only) I 0 I 1
F~ Me~ St~dlr/s 0 0 0 0 Total Calls over 5 Min. 17 14 31 N/A
SWaclm~ Fires 0 0 0 0 Total Calls Under 5 Min. 167 101 268 N/A
Ringing Alarms 0 0 0 0 Percent calls over 5 mia 9,24% 12,17% 10,71% N/A
Vegelaliou Fir~s 0 0 0 0 Percent calls 5 rain and under 90.76% 8783% 89.30% N/A
Vehicle Fires 0 0 0 0
Refi~e Fires 0 0 0 0 *PRA- Primmy Response Area or the station that would normally respond.
Hazm~ 0 0 0 0
Improvement Fire 0 0 0 0
Other Fire 0 0 0 0
Assisls lC3 115 29g 4331
**The Medic Squad generally responds with an engine company to all calla In order to avoid duplicate statistics the Medic Squad stats will now appear as
assists to the engine company. Refer to the ~quad ~tats and gummary (~ly gluts tab[es for a detail of those assists
Month: October Year: 2002
Building TI 22 307
NCOM Building 23 125
UG Water 18 176
Over/Under Ground Tanks 1 3
NCOM Sprinkler 17 139
Sprinkler TI 15 117
Hood Duct_ 3_ ......
Spray Booths 0 6
spedial siippfes~ion S),~tems 2 10
Alarms 14 134
Planning Cases 17 144
Special Code Permits 2 5
Miscellaneous 12 154
Tolal 146 1339
Fire~C of O ....... 46 273
Shell Final 4 t28
UG Hydro 6 84
Thrust Blocks 4 67
Over Head Hydro 18 187
Fire Flow 0 1
Flush 4 91
Sprinkler Final 10 123
Weld Inspection 2 35
Hood Duct Final 2 3
Alarm Pre-wire 10 74
Alarm Final 19 194
Spray Booth Final 0 7
Fire Safet~ Inspection 6 71
State Mandated Inspection I 15
Special Events Inspection,., . 3 19
Piping Hydro 0 2
Shear Valves 0 2
Over/Under Tank Final 0 3
Special Suppression System 0 1
Special Project Investigation 0 7
Engine Company Follow-up 0 3
Miscellaneous 0 33
]Total 135 1423
APPROVAL
CITY ATTORNEY
DIRECTOR OF FIN/~I~~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OFTEMECULA
AGENDA REPORT
City ManagedCity Council
Jim Domenoe, Chief of Police~
December 17, 2002
Monthly Departmental Report
The following report reflects special teams, traffic enfomement and miscellaneous activity occurring
during November 2002. The Police Department responded to 51 "priority one" calls for service
du ring the month of November, with an average response time of approximately 6.2 minutes. A total
of 3,633 calls for police service were generated in the City of Temecula during the month.
During November, the Temecula Police Department's Town Center Storefront served a total of 203
customers. Forty-eight sets of fingerprints were taken, 11 people filed police reports and five people
had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special
events, neighborhood watch and community-oriented programs during the month. He also
coordinated requests for patrol ride-alongs. Additionally, he continued to provide residential and
business security surveys/visits and past crime follow-up. Officer Fanene also continued to process
City Planning Department submissions of site plans/conditions.
The POP Teams continued to work on the "Crime Free Multi-Housing" project during the month of
November. The teams continued their Warrant Apprehension Program during the month, which
resulted in five felony, and eight misdemeanor warrant arrests. The POP Teams continued with
their proactive patrol efforts and made seven felony arrests and 16 misdemeanor arrests. They also
issued 19 citations for various traffic violations. POP Teams also continued with the homeless
persons program, with the goal of assisting homeless in finding services and aid to help them.
The Old Town Storefront serves as an office for the POP teams and a location to assist the public
with police services. This has greatly increased their accessibility and their ability to serve the Old
Town area. During November, the Old Town Storefront served 238 customers. Fourteen sets of
fingerprints were taken, 30 reports were written, and 17 citations were signed off.
The traffic team reported that during the month of November there were 530 citations issued for
hazardous violations, 271 citations were issued for non-hazardous violations and 104 parking
citations were issued. During the month there were 23 injury traffic collisions, 86 non-injury
collisions were reported and 30 drivers were arrested for DUI. The Neighborhood Enforcement
Team (NET) program resulted in 39 citations being issued. This program addresses traffic concerns
in residential neighborhoods with a dedicated motor officer. The SLAP program (Stop Light Abuse
Program) resulted in 54 citations being issued.
Monthly Departmental Report - Police Department 1
During the month of November, the POP officers assigned to the Promenade Mall handled a total of
70 calls for service. The majority of these calls were for shoplifting investigations. During the month,
calls and on-sight activity resulted in the criminal arrest and filings on six misdemeanor cases.
Officers McEIvain and Rupe continued to provide training to security staff during the month. The
mall officers continued to work on vehicle theft and burglary programs. No vehicle burglaries
occurred during the month of November. There were 11 vehicle thefts during November. The
Temecula Police Department has responded by assigning additional officers and posse members to
conduct bicycle and horse patrol around the mall parking lots during the holiday season.
Our five school resource officers have remained active during November. They conducted five
school presentations. The topics of these presentations ranged from "Stranger Danger" to
"Inhalants." The school resource officers also conducted many counseling sessions with students.
A total of 38 investigations/reports were conducted/written by the school resource officers during
November. The school resource officers also made four arrests for various misdemeanor and
felony crimes during November. These crimes ranged from battery, to possession of marijuana, to
being under the influence of drugs.
The JOLT program (Juvenile Offender Law Enfomement Program) continues to be a success in part
through its Youth Court program. Officer Michelle Medeiros conducted the 100th Youth Court
session. The JOLT officer assisted at other schools when needed and conducted follow-ups with
parents of juveniles in the JOLT program. Officer Medeiros worked with "at risk" juveniles
throughout the month and also conducted counseling sessions with their parents. She also assisted
the Riverside County District Attorney's Office and Probation Department by providing training
during home visits with incorrigible/at risk juveniles during the month of November.
During the month of November, the Special Enforcement Team (SET Team) of Officers John Wade
and Michelle Larson handled eight cases. These ~ases resulted in six misdemeanor and eight
felony arrests, primarily for narcotics violations. This team continues to work street level narcotics
and specialty patrol within the city on a proactive basis. During this month, the team recovered
quantities of marijuana.
Volunteers from the community continue to be an integral part of the Temecula Police Department's
staff. Under the guidance of volunteer coordinator Officer Bob Ridley and assistant coordinator
Gayle Gerrish, the Police Department's volunteer staff contributed 335 hours of service in
November. Volunteer assignments include computer data input, logistics support, special event
assistance and telephone answering duties.
Community Action Patrol (CAP) Program volunteers have begun their activities, patrolling the city for
graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and
special events. Other duties these volunteers will attend to are business checks and abandoned
vehicles and traffic control. The goal of the program is high visibility, which prevents crime from
occurring. CAP Team members contributed 240 hours of service to the community during the
month of November.
The reserve officer program and mounted posse are additional valuable volunteer resources
available to the police department. The police department utilizes reserve officers to assist with
patrol, traffic enforcement, crime prevention, off road vehicle enforcement and a variety of special
functions. Reserve police officers worked a total of 191 hours specifically on patrol in Temecula
during the month of November.
Monthly Departmental Report - Police Department 2