HomeMy WebLinkAbout072605 CC Agenda
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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JULY 26,2005 - 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 prior to 10:00 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 10:00 P.M.
5:45 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant
to Government Code Sections:
1. Conference with real property negotiator pursuant to Government Code
Section 54956.8 regarding real property negotiations located at the following
locations: 1) APN: 922-044-019, located at the southwest corner of Main and
Mercedes; Negotiating parties are the City of Temecula Redevelopment
Agency and Keen. 2) APN 922-044-022, located on the south side of Main,
west of Mercedes; Negotiating parties are the City of Temecula
Redevelopment Agency and Fred Perkins. Under negotiation are the price
and terms of payment of real property interests.
2. Public Employee Performance Evaluation of the City Manager pursuant to
Government Code Sections 54957 and 54957.6
Public Information concerning existing litigation between the City and various
parties may be acquired by reviewing the public documents held by the City
Clerk.
Next in Order:
Ordinance: No. 2005-14
Resolution: No. 2005-78
CALL TO ORDER:
Mayor Jeff Comerchero
Invocation:
Rabbi Hurwitz of Chabad of Temecula Valley
Flag Salute:
Councilwoman Edwards
ROLL CALL:
Edwards, Naggar, Roberts, Washington, Comerchero
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PUBLIC COMMENTS
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. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" form must be filed with the City Clerk orior to the Council addressing that item.
There is a five (5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will
be enacted by one roll call vote. There will be no discussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2 Resolution aoorovinq List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
3 Minutes
RECOMMENDATION:
3.1 Approve the minutes of June 28, 2005.
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4 City Treasurer's Statement of Investment Policy
RECOMMENDATION:
4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which
provides safety, liquidity and yield for City funds.
5 Infrastructure Fundinq Aqreement for SR79 Improvements
RECOMMENDATION:
5.1 Approve the Infrastructure Funding Agreement between the City of Temecula and
the County of Riverside that allows the County's Assessment District 159 funds to
be used for SR79 improvements.
6 Professional Services Aqreement for Annual Administration of CFDs/AD
RECOMMENDATION:
6.1 Approve a one-year professional services agreement with Canty Engineering
Group, Inc. in the amount of $58,500 for debt service administration for the City's
Community Facilities Districts and Assessment District for Fiscal Year 2005/2006
and Weed Abatement Program administration for Fiscal Years 2004/2005.
7 City Vehicle Maintenance Aqreements
RECOMMENDATION:
7.1 Approve the Maintenance Agreement with Temecula Auto in the amount of $75,000
plus a 10% contingency;
7.2 Approve the Maintenance Agreement with Old Town Tire in the amount of $50,000
plus a 10% contingency.
8 Tract Map Nos. 30264-4. -5. -11 & -12 (located east of Pechanqa Parkway. south of Wolf
Valley Road, in the Wolf Creek Specific Plan No. 12 EIR)
RECOMMENDATION:
8.1 Approye Final Tract Map Nos. 30264-4, -5, -11, & -12, in conformance with the
Conditions of Approval;
8.2 Approve Subdivision Improvement Agreements;
8.3 Approve Subdivision Monument Agreements and accept the Faithful Performance
Bonds, Labor and Material Bonds and Monument Bonds as security for the
agreements.
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9 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the
Pavement Rehabilitation Proqram FY 2005/06. Ynez Road. Proiect No. PW04-12
RECOMMENDATION:
9.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Pavement Rehabilitation Program FY 2005/06 -
Ynez Road, PW04-12.
10 Completion and Acceptance of Construction Contract. Traffic Siqnallnstallation at
Pechanqa Parkway and Muirfield Drive. Proiect No. PW99-11TS
RECOMMENDATION:
10.1 Accept the project, Traffic Signal Installation at Pechanga Parkway and Muirfield
Drive, Project Number PW99-11TS as complete;
10.2 File a Notice of Completion, release the Performance Bond; and accept a one (1)
year Maintenance Bond in the amount of 10% of the contract amount;
10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
11 Professional Services Aqreement Vali Cooper & Associates. Inc.. Contract for
Construction Manaqement and Inspection Services for City-wide Verizon Fiber Optics
FTTP Installation Proiect
RECOMMENDATION:
11.1 Approve an agreement with Vali Cooper & Associates, Inc. in an amount not to
exceed $205,040.00 to provide Public Works Construction Management and
Inspection Services for the Verizon City-wide FTTP (Fiber to the Premises) Project,
and authorize the Mayor to execute the agreement;
11.2 Authorize the City Manager to approve Change Orders not to exceed the
contingency amount of $20,504, which is equal to 10% of the agreement amount;
11.3 Approve an appropriation in the amount of $225,544 to the Public Works
Engineering Consulting Account from the Encroachment Permit Reyenue for the
Verizon Fiber Optics Project;
11.4 Increase Encroachment Permit Revenues in the amount of $225,544 in the General
Fund Reserves.
12 Award of Consultant Services Aqreement for the Temecula Librarv Information Systems.
Proiect No. PWOO-07
RECOMMENDATION:
12.1 Approve the consulting services agreement with Conduit Consulting Networks for
the amount of $34,200, and authorize the Mayor to execute the contract;
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $3,420 which is equal to the 10% contingency.
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13 Approve the Sponsorship Request for "The Temecula Rock 'n Rod Run"
RECOMMENDATION:
13.1 Approve "The Temecula Rock 'n Rod Run" Sponsorship Agreement with P & R
Foundation and authorize the Mayor to execute the Agreement;
13.2 Appropriate $11,475 from the un allocated reserves of the General Fund for
sponsorship costs.
14 Two-Year Aqreement with Animal Friends of the Valleys for Animal Control Services
RECOMMENDATION:
14.1 Approve a two-year contract for Animal Control Services with Animal Friends of the
Valleys not to exceed $150,000 per year;
14.2 Authorize the City Manager to approve additional service not to exceed $10,000 in
contingency.
15 Parkinq/Stoppinq Restrictions - Butterfield Staqe Road
RECOMMENDATION:
15.1 Establish "No Stopping" zones along the west half of Butterfield Stage Road
between Chemin Clinet and Rancho Vista Road and along both sides of Rancho
California Road from Butterfield Stage Road to Promenade Chardonnay; and direct
City staff to work with the County of Riverside to establish similar "No Stopping"
zones along the east side of Butterfield Stage Road and portions of Rancho
California Road.
16 Request to Authorize Niqhttime Gradinq Operations for the Temecula Auto Mall
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES
FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD
AND ADOPTING A MITIGATED NEGATIVE DECLARATION
(EA-121)
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17 Authorization of Special Tax Levv in Community Facilities District No. 88-12 (Ynez
Corridor)
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ
CORRIDOR)
********************
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT,
THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND
THE TEMECULA PUBLIC FINANCING AUTHORITY
********************
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
***************************************************************************A A 1..AAA11.1..I.*.I..I. A.I. A A A.I. A A A A**************
Next in Order:
Ordinance: No. CSD 2005-01
Resolution: No. CSD 2005-21
CALL TO ORDER: President Chuck Washington
ROLL CALL:
DIRECTORS:
Edwards, Comerchero, Naggar, Roberts, Washington
PUBLIC COMMENTS
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 not 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 indiyidual 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 July 12, 2005.
DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
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ADJOURNMENT
Next regular meeting: Tuesday, August 9, 2005, 7:00 PM, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
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***********A~~AAAAAAAAAAAAAAAAAAA*******~AAAAAAAAAAAAAAAAAAAAAAAA11*1411111111111************************14411111
TEMECULA REDEVELOPMENT AGENCY MEETING
*****************AAAAAAAAAA***AAAAAAAAA*AAAAkAAAAAAAAAAAAAAAAA****************111111111111111********************
Next in Order:
Ordinance: No. RDA 2005-01
Resolution: No. RDA 2005-06
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington,
Roberts
PUBLIC COMMENTS
A total of 15 minutes is provided 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 not 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 July 12, 2005.
2 Status Update on the Temecula Education Center
RECOMMENDATION:
2.1 Receive and file report.
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DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Nex1 regular meeting: Tuesday, August 9, 2005, City Council Chambers, 43200 Business Park
Driye, Temecula, California.
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TEMECULA PUBLIC FINANCING AUTHORITY
*************************************************************************************************************
Next in Order:
Ordinance: No. TPFA 2005-02
Resolution: No. TPFA 2005-06
CALL TO ORDER: Chairperson Jeff Comerchero
ROLL CALL:
AGENCY MEMBERS:
Edwards, Naggar, Roberts, Washington,
Comerchero
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Temecula
Public Financing Authority 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 not 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 April 12, 2005.
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2 Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek)
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-3 (WOLF CREEK)
3 Authorization of Special Tax Levv in Community Facilities District No. 03-6 (Harveston II)
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-6 (HARVESTON II)
4 Authorization of Special Tax Levv in Community Facilities District No. 03-1 (Crowne Hill)
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
5 Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston)
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 01-2 (HARVESTON)
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.
RECONVENE CITY COUNCIL MEETING TO A JOINT PUBLIC HEARING OF THE CITY
COUNCIL AND TEMECULA PUBLIC FINANCING AUTHORITY
Any person may submit written comments to the City Council/Temecula Public Financing
Authority before a pUblic hearing or may appear and be heard in support of or in
opposition to the approval of the project(s) at the time of the hearing. If you challenge
any of the project(s) in court, you may be limited to raising only those issues you or
someone else raised at the public hearing or in written correspondence delivered to the
City Clerk at, or prior to, the public hearing.
6 Approval of Issuance of Parity Bonds for Temecula Public Financinq Authority
Community Facilities District No. 03-1 (Crowne Hill)
RECOMMENDATION:
6.1 That the City Council hold a public hearing regarding the proposed issuance of an
additional series of bonds by the Temecula Public Financing Authority for its
Community Facilities District No. 03-1 (Crowne Hill), and adopt a resolution
entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA
PUBLIC FINANCING AUTHORITY FOR COMMUNITY
FACILITIES DISTRICT NO. 03-1 (CROWNE HILL)
6.2 That the Board of Directors of the Temecula Public Financing Authority adopt a
resolution entitled:
RESOLUTION NO. TPFA OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE ISSUANCE OF SERIES 2005-B SPECIAL TAX BONDS
FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE
HILL), AND APPROVING RELATED DOCUMENTS AND
ACTIONS
RECESS CITY COUNCIL MEETING
EXECUTIVE DIRECTOR'S REPORT
BOARD MEMBERS' REPORTS
ADJOURNMENT
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RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the pUblic hearing.
18 Consistency Rezoninq Ordinance (PA05-0085l
RECOMMENDATION:
18.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE
17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND
REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN
(PA05-0085)
19 Vinvards View Estates. Planninq Application Nos. PA04-0390 and PA04-0392. Specific
Plan Amendment (text and map-PA04-0390l. and Tentative Tract Map No. 23103-2
(PA04-0392l
RECOMMENDATION:
19.1 Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM
FOR THE VINYARDS VIEW ESTATES, GENERALLY LOCATED
AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE
ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR
PARCEL NOS. 953-390-007 AND 953-050-009 (PA04-0390 AND
04-0392)
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19.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE
MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE
SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA
7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING
DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING
DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND
FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2
(20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING
AREA 9A (PA04-0390)
19.3 Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103-
2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37
RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN
SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT
THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD
AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S
PARCEL NOS. 953-390-007 AND 953-050-009 (PLANNING
APPLICATION PA04-0392)
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: City Council, Tuesday, August 9, 2005, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
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ITEM 1
ITEM 2
RESOLUTION NO. 05-_
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 $7,223,729.34.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 26th day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
R/Resos 2005/Resos 05-
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. 05-_ was duly adopted at a meeting of the City Council of the City of
Temecula on the 26th day of July, 2005 by the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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2
I CITY OF TEMECULA
LIST OF DEMANDS
07/07/05 TOTAL CHECK RUN: $ 1.880.775.61
07/14/05 TOTAL CHECK RUN: 4,913,053.94
07/14/05 TOTAL PAYROLL RUN: 429,899.79
TOTAL LIST OF DEMANDS FOR 07/26/05 COUNCIL MEETING: $ 7,223,729.34
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 1,917,007.04
165 RDA DEV.LOW/MOD SET ASIDE 23,008.55
190 COMMUNITY SERVICES DISTRICT 267,164.57
192 TCSD SERVICE LEVEL B 97.80
193 TCSD SERVICE LEVEL C 84,165.55
194 TCSD SERVICE LEVEL 0 1,802,820.32
196 TCSD SERVICE LEVEL L 8,182.33
210 CAPrrAL IMPROVEMENT PROJ. FUND 2,588.146.96
280 REDEVELOPMENT AGENCY.CIP 23.320.74
300 INSURANCE FUND 4.125.61
320 IN FORMATION SYSTEMS 27.700.53
330 SUPPORT SERVICES 25,163.40
340 FACILITIES 21,422.5S
380 RDA 2002 TABS DEBT SVC 1,500.00
460 CFD 88-12 DEBT SVC FUND 3.60
I $ 6,793,829.55
001 GENERAL FUND $ 271,843.21
16S RDA-LOW/MOD SET ASIDE 5.568.44
190 COMMUNITY SERVICES DISTRICT 109,960.97
192 TCSD SERVICE LEVEL B 134.49
193 TCSD SERVICE LEVEL C 5,301.68
194 TCSD SERVICE LEVEL 0 902.26
1S6 TCSD SERVICE LEVEL L 714.73
280 REDEVELOPMENT AGENCY.CIP 2,675.12
300 INSURANCE FUND 1,183.15
320 INFORMATION SYSTEMS 21,038.99
330 SUPPORT SERVICES 3,343.41
340 FACILITIES 7,233.34 429,899.79
TOTAL BY FUND: $ 7,223.729.34
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I
SHAWN NELSON, crry MANAGER
. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I
apChkLst Final Check List Page: 1
07/07/2005 4:34:44PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
529 07/06/2005 000166 FIRST AMERICAN TITLE OepstAPN 922-044-004 Old Twn 10.000.00 10,000.00
100496 07/07/2005 004064 ADELPHIA Jul-Aug high speed internet svcs 46.95
Jul-Aug high speed internet svcs 46.95 93.90
100497 07/07/2005 008698 ADVANCED APPLIED Citywide engineeringltraffic survey svcs 18,000.00 18,000.00
100498 07/07/2005 008944 ALAMI-RAD, MAHSHID Refund: Level 2 Swim Lessons 85.00 85.00
100499 07/07/2005 001916 ALBERT A WEBB ASSOCIATES Mar-Apr Consultant RoripaughlBttrfld 1,347,81 1,347.81
100500 07/07/2005 008811 AMERICAN CIVIL WAR SOCIETY Western Days:Civil War Camp 250.00 250.00
100501 07/07/2005 000747 AMERICAN PLANNING Membership: Veronica McCoy 230.00 230.00
. - - - -..-.--
100502 07/07/2005 002187 ANIMAL FRIENDS OF THE June animal control services 8,750.00 8,750.00
100503 07/07/2005 000101 APPLE ONE INC Temp help PPE 6/18 GKlWM 1,041.86 1,041.86
100504 07/07/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 637.05
Bottled wtr svcs @ West Wing 433.12
Bottled wtr svcs @ City Hall 286.42
Bottled wtr svcs @ CRC 121.74
Bottled wtr svcs @ C.Museum 61.73
Bottled wtr svcs @ T.Museum 57.26
Bottled wtr SVC5 @ City Hall 39.86
Bottled wtr svcs @ Tee 17.58
Botlled wt. svcs @ TESc 9.69 1,664.45
100505 07/07/2005 003203 ARTISTIC EMBROIDERY TCSO staff uniforrns:ShirtslJackets 277.00 277.00
100506 07/07/2005 008958 BUSINESS RADIO LICENSING ConsVNotif License:Harveston Radio 95.00 95.00
100507 07/07/2005 002103 CAPIO 05/06 Membership: A.Adams 175.00 175.00
100508 07/07/2005 008502 C J 'S ENTERPRISES Res imprv prgm: Smith, Alison 235.00 235.00
100509 07/07/2005 004621 C.18INC Citywide street striping project 35,342.00 35,342.00
Page:1
apChkLst Final Check Us, Page: 2
07/07/2005 4:34:44PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100510 07/07/2005 008961 CALICO COFFEE Coffee for July 4th Parade VIPs 50.00 50.00
100511 07/07/2005 005071 CALIF ASSN OF PARKS Membership:5 TCSD Commissioners 165.00 165.00
100512 07/07/2005 000152 CALIF PARKS & RECREATION Plygmd Safety Certif:9fI4-16:AM 585.00
Membership: J.Crowe-Petletier 014371 130.00 715.00
100513 07/07/2005 008960 CANYON LAKE, CITY OF RegistLeague Mtg:CW/ME/JO:7/11/05 120.00 120.00
100514 07/07/2005 002415 CASTLE AMUSEMENT PARK DepstDay camp excursion 50.00 50.00
100515 07/07/2005 001009 o B X INC PechangalMuirfield Traffic Signals 106,600.50 106.600.50
100516 07/07/2005 003945 DIAMOND ENVIRONMENTAL Portable Restrooms:Jul4th Event 1,212.85
Portable Restrooms:Jul 4th Event 660.83 1,873.68
100517 07/07/2005 004294 DIVERSIFIED LANDSCAPE CO. Pala Rd habitat restoration svcs 3,000.00 3.000.00
100518 07/07/2005 002701 DIVERSIFIED RISK May 05 special events premiums 557.81 557.81
100520 07/07/2005 001056 EXCEL LANDSCAPE Jun Idscp mnte: Sports Parks 40,986.00
Jun Ldscp Mnte: South Slopes 31,093.00
Jun Idscp mnte: North Slopes 23,071.00
Jun Idscp mnte: Medians 8,398.00
Jun Idscp impr: Freeway mulch 7,490.00
Jun Idscp impr: median 4,800.00
Jun Idscp impr:Crwe Hill slope 4,620.00
Jun Idscp impr: Vail Ranch Prkwy 3,905.00
Jun Idscp impr: Margarita Medians 3,425.00
Jun Idscp impr: Villages slope area 3,350.00
Jun ldscp impr. Ynez Median 2,870.00
Jun ldscp impr:Rancho Highlands 1,245.00
Jun Idscp impr: Slope area 936.00
Jun Idscp impr:Villages slope 901.00
Jun Idscp impr: Slope Areas 705.32
Jun Idscp impr:Meadows Medians 495.00
Jun Idscp impr: Slope Area 447.00
Jun ldscp impr: Crwne Hill Slope 375.00
Jun ldscp impr:Pechanga Prkwy 303.00
Jun Idscp impr: R. Calif Rd median 300.00
Jun Idscp impr: Pechanga Prkwy 74.20 139.789.52
100521 07/07/2005 000165 FEDERAL EXPRESS INC Express mail selVices 77.14 77.14
Page2
apChkLst Final Check List Page: 3
07/07/2005 4:34:44PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100522 07/07/2005 000206 FEDEX KINKOS INC Stationery paper/mise supplies 129.16 129.16
100523 07/07/2005 003347 FIRST BANKCARD CENTER
000871 HILTON JC HtI:US Mayors Cf:6/10.14/05 1.091.79
001054 CALIF BUILOING OFFICIALS AE RegistDisaster Eval.Trng:Staff 625.00
008949 GOVERNOR HOTEL. THE GT Hotel: IFHP Cf:5/22-25/05 401.64
008950 WESTIN TABOR CENTER. THE JC HtI:Nat'l League Cf:6/16.19 347.20
007287 UNITED AIRLINES JC Airfare:Nat'l League Cf:6/16-19 210.00
008947 RIVERSIDE CO REGIONAL PRK HP Securitydept:Lake Skinner:Team Bldg 165.00
008951 MOTIVATING TAPE CO AE B&S Team Building materials 162.00
008948 SIGNAGISTICS HP Signs for TCSD 159.00
007053 LINDBERGH PARKING SAN JC Prkg:US Mayors Cf:6/10.14/05 138.00
008540 WEBER BOO HP C.Museum exhibit repair parts 135.50
008956 PANERA BREAD GY Refreshments: CMlHR T earn Bldg 115.75
008953 CALIF ASSOC OF BUILDING AE Regist:Certif Energy Plans:Fonnoe 115.00
002534 CATERERS CAFE GT Retshmnts:Civic Ctr design Mtg 106.98
007409 OLD TOWN DINING LLC AE Refrshmnts: Interview Panel 90.81
008952 CARYN TILTON CONSULTING AE Web Based Seminar 89.95
008272 JOHNNY CARINO'S LLC HP Refreshments: Interview Panel 75.14
008957 OLD TOWN COFFEE HOUSE GY Refreshments:Civic Ctr Mtg 56.33
006942 ONTARIO AI RPORT JC Prkg:Nat'l League Cf:6/16-19 45.00
007749 FISH HOUSE INC. GY Refrshmnts: Staff Tmg 43.11
007029 BLACK ANGUS GY Refrshmnts: HR goal setting mtg 34.06
008954 UNITED CAB & TRANSPORT GY Taxi sves in Saearamento 33.40
008955 HERNANDEZ HIDEAWAY GY Refreshments: CMlHA Team Bldg 29.81
008959 T.MOBILE HOTSPOT GR Internet data usage: OayPass 9.99
GT Credit: bank charges -1.75 4.278.71
100524 07/07/2005 003281 FOREMOST PROMOTIONS Crime Prevo Supplies:Trooper Hats 625.44
Crime Prevo Supplies: Sticky Pads 365.24
Child Safety Tip Pocket Sliders:Police 282.60 1,273.28
100525 07/07/2005 000172 GASB 1 yr GASB subscription 155.00 155.00
Page:3
apChkLst Final Check List Page: 4
07/07/2005 4:34:44PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Oate Vendor Description Amount Paid Check Total
100526 07/07/2005 008912 G M C V A HOUSING BUREAU Housing:ICMA's Cf:Yates: 9/24-28/05 150.00 150.00
100527 07/07/2005 008862 GAVARES GROUP, THE T.Ubrary partnering wrkshp trng sves 3,425.00 3,425.00
100528 07/07/2005 008081 HALL & FOREMAN INC Wolf Vly PrklChannel surveying sves 555.00 555.00
100529 07/07/2005 001119 HOUSTON & HARRIS PCS INC Hydro-wash stonn drain: PW Mnte 850.00 850.00
100530 07/07/2005 003938 IAN DAVIDSON LANDSCAPE. ldscp design:Old Town Gateway 1.884.27 1.884.27
100531 07/07/2005 003046 KF ROG 95.1 FM RADIO broadcast Street Painting Festival 1.000.00 1,000.00
100532 07/07/2005 004051 LOR GEOTECHNICAL GROUP Geotech Sves:Pechanga Stann Drains 977.50
Geotech Sves:Pechanga Stonn Drains 957.50 1.935.00
100533 07/07/2005 005701 LAVIN, JOHN Refund: practical yoga 11.25 11.25
100534 07/07/2005 003723 LEGOLAND CALIFORNIA 7/14 Summer Day Camp Excursion 2,609.70 2,609.70
100535 07/07/2005 008383 L1M & NASCIMENTO April design sves: Margarita undercross 7,812.52 7.812.52
100536 07/07/2005 005090 LOS RANCHITOS HOME. Property dues: APN 922-140-010 25.00
~- - . - - - -
Property dues: APN 922-190-035 25.00 50.00
100537 07/07/2005 003782 MAIN STREET SIGNS Various City Street Name Signs 10,981.61
Park Signs: Teset 271.53 11.253.14
100538 07/07/2005 004141 MAlNTEX INC Repair Cre Floor Scrubber 252.41
Custodial supplies: Park Sites 228.77
Custodial supplies: City Hall 60.67 541.85
100539 07/07/2005 004068 MANAlILl, AILEEN TCSD Instructor Earnings 290.50
TCSD Instructor Earnings 224.00
TCSD Instructor Eamings 220.50
TCSD Instructor Earnings 208.25
TCSD Instructor Earnings 196.00
TCSD Instructor Earnings 140.00
TCSD Instructor Earnings 84.00
TCSD Ins1ructor Earnings 15.75
TCSO Instructor Earnings 14.00
TCSD Instructor Earnings 14.00 1,407.00
100540 07/07/2005 001967 MANPOWER TEMPORARY Temp help w/e 6/19 JD/JG/JHlDH 4.270.76 4.270.76
Page:4
apChkLst
07/07/2005
4:34:44PM
(Continued)
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
100541 07/07/2005 004929 MARK FISHER COMPANY, THE
100542 07/07/2005 000220 MAURICE PRINTERS INC
100543 07/07/2005 006571 MELODY'S AD WORKS
100544 07/07/2005 001905 MEYERS, DAVID WILLIAM
100545 07/07/2005 007210 MIDORI GARDENS
100546 07/07/2005 006945 MINOR, JENNIFER
100547 07/07/2005 001384 MINUTEMAN PRESS
100548 07/07/2005 005872 MUNICIPAL INFO SYS ASSN OF
Final Check List
CITY OF TEMECULA
Page: 5
Description
Amount Paid
Check Total
lnt'l Jazz Festival full page ad
350.00
350.00
1000 bks: High Country:T.Museum
2,782.11
2,782.11
Street Painting Festival: MrkglReimb.
144.74
144.74
TCSD Instructor Earnings
TCSD Instructor Earnings
385.00
306.25
691.25
Jun Ldscp Mntc: Duck Pond
Jun Ldscp Mntc: T.High Tennis Courts
2,000.00
590.00
2,590.00
Refund: Level 6 Swim Lessons
40.00
40.00
Business carets: Veronica McCoy
43.33
43.33
05/06 Membership:T.Thorson
240.00
240.00
100549 07/07/2005 002037 NEXUS INTEGRATION SERVICES Telephone supplies: designation cards
3.586.40
3.586.40
100550 07/07/2005 002139 NORTH COUNTY TIMES
1 yr subscription:PW admin
106.80
106.80
131.97
127.63
100551 07/07/2005 006721 OFFICEMAX - A BOISE COMPANY Office Supplies: Planning
Office Supplies: Planning
100552 07/07/2005 002105 OLD TOWN TIRE & SERVICE
100553 07/07/2005 001171 ORIENTAL TRADING COMPANY
100554 07/07/2005 008813 OUR DESIGNS INC
100555 07/07/2005 008240 PABLlTOS SPANISH ACADEMY
259.60
City Vehicle Repair/Maint Svcs:PW
City Vehicle RepairlMaint Svcs:PW
City Vehicle Repair/Maint Svcs: CIP
City vehicle repairs & maint.fTCSD
PW new Pressure Wshr Battery
City vehicle repairs & mainVTCSD
566.72
426.18
177.06
108.92
53.82
34.27
1,366.97
Redhwk Annex promo items:Finance
80.02
80.02
Fire prev handouts for Sister Cities
157.62
157.62
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
280.00
161.00
140.00
140.00
140.00
861.00
PageS
apChklst
07/07/2005
4:34:44PM
Final Check list
CITY OF TEMECULA
Page: 6
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
100556 07/07/2005 006939 PAINT CONNECTION. THE
Res lmpr Prgm: Geyer, Francis
2.200.00
2.200.00
100557 07/07/2005 007591 PAUL LASLO & ASSOCIATES
Safety Flashing Clip: Public Safety Expo
Mini First Aid Kits:Public Safety Expo
1,577.44
1.534.73
3,112.17
100558 07/07/2005 000249 PETTY CASH
Petty Cash Reimbursement
527.13
527.13
100559 07/07/2005 000254 PRESS ENTERPRISE COMPANY 1 yr Subscription: City Clerk 1633708
160.16
160.16
100560 07/07/2005 003697 PROJECT DESIGN May Oesign Svcs:Ovrlnd Dr. Extension
Apr-May Ldscp Design:I-15/Bttrfld Stage
12,485.18
452.22
12.937.40
100561 07/07/2005 007928 RAGING WATERS 7/26 Team Summer Excursion
839.60
839.60
100562 07/07/2005 002176 RANCHO CALIF BUS PRK ASSN Business park assoc. dues
Business park assoc. dues
Business park assoc. dues
1,948.77
1,417.29
1.169.26
4.535.32
100563 07/07/2005 000947 RANCHO REPROGRAPHICS
BlueprintBarrier Rail:Rnbw Cnyn
Blueprints:Trail Undereross Margarita
Blueprints:R.Calif Rd Widening
Small Plan Sacs: CIP Division
Blueprints: Pavement Rehab Prgm
108.61
68.27
54.31
53.88
34.91
319.98
100564 07/07/2005 003591 RENES COMMERCIAL
weed abatement for Tractor Raees
7,500.00
7.500.00
100565 07/07/2005 004498 REPUBLIC ELECTRIC
Annual trffc signal monitor testings
June on-call trffc signal mntc
On-Call trffc signal mntc:PechangaIWlf
On-Call trffc signal mnte: BnrfldlHwy79
7,885.00
2,521.49
357.00
220.38
10.983.87
100566 07/07/2005 007402 RICHARD BRADY & ASSOCIATES May Design Svcs Mntc Facility Expansion
31,856.40
31.856.40
100567 07/07/2005 002412 RICHARDS WATSON & GERSHON May 2005 legal services
69,244.56
69,244.56
100568 07/07/2005 000418 RIVERSIDE CO CLERK &
RDA Recording Fee:LF/NF/MT/AE
122.00
122.00
100569 07/07/2005 000418 RIVERSIDE CO CLERK &
Notice of Exemption: EA-123 Diaz Rd
64.00
64.00
100570 07/07/2005 000406 RIVERSIDE CO SHERIFFS DEPT 4/28/05 to 5/25/05:1aw enforcement
928,839.97
928.839.97
100571 07/07/2005 007113 RYLE, SHEILA H.
leso Instructor Earnings
546.00
546.00
Page:6
apChkLst
07/07/W05
4:34:44PM
Flnal Check list
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100572 07/07/2005 000793 SCANTRON FPC CORPORATION scantron forms:lnspection Req:B&S
997.82
997.82
100573 07/07/2005 000645 SMART & FINALINC
Mise supplies: Finance
86.32
86.32
100574 07/07/2005 000824 SO CALIF ASSN OF
05/06 Agency membership dues
6.215.00
6,215.00
100575 07/07/2005 000537 SO CAliF EDISON
Jun 2-02.502-8077 West Wing
Jun 2-20-798-3248 C.Museum
Jun 2-10-331.2153 TCC
June 2-19.683-3263 various locations
Jun 2-00-397-5067 Various Locations
Jun 2.22.575.0876 Old Twn
Jun 2.18.528.9980 Santiago Rd
2,011.07
1,7S5.73
1.204.61
962.54
902.00
345.78
43.71
7,265.44
100576 07/07/2005 001212 SO CAliF GAS COMPANY
Jun 091-085-1632.0 TES Pool
447.50
447.50
100577 07/07/2005 008946 SOMERS, EVELYN M.
Refund: Security DepstTCC-Kitchen
150.00
150.00
100578 07/07/2005 000519 SOUTH COUNTY PEST CONTROL Pest control svcs: City Parks
Pest control svcs: City Hall
Pest control svcs: Sr Center
84.00
56.00
29.00
169.00
100579 07/07/W05 002366 STEAM SUPERIOR CARPET
carpet cleaning svcs: City's Fac.
carpet cleaning svcs: City Hall/CRC
700.00
650.00
1,350.00
100580 07/07/2005 003840 STRONGS PAINTING
Paint Various Locations @ City Hall
2,850.00
2,850.00
100581 07/07/2005 007670 STUDIO 'C.
TCSD Instructor Earnings
280.00
280.00
100582 0710712005 006914 TEMECULA COPIERS INC.
eRG copier network/fax card
TCC copier network/fax card
T.Museum copier network/fax card
Misc. Fax/Copier Supplies:Ctrl SVC5
2,632.33
2,632.33
781.19
33.67
6,079.52
100583 07/07/W05 000168 TEMECULA FLOWER CORRAL
Sun Shine Fund
134.58
134.58
100584 07/07/2005 007433 TOVEY SHULTZ CONSTRUCTION May prgss pmt Comm.Theater
Reimb: R.C. Wtr inspection fees
385,553.03
762.80
386.315.83
100585 07/07/2005 004846 UNITED GREEN MARK INC
Replace Irrigation controllers: Prks
3.652.70
3.652.70
Page:7
apChkLsI
07107/2005
4:34:44PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CAUFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
100586 07/07/2005 004261 VERIZON
Jun xxx-5509 general usage
Jun xxx-9897 general usage
Jun xxx-1999 general usage
Jun xxx-Q049 general usage
148.41
90.67
33.27
28.41
300.76
100587 07/07/2005 004279 VERIZON CALIFORNIA INC.
Jun access-EON C. Mus.phone line
Jun access-EOS eRG.phone line
540.59
412.54
953.13
100588 07/07/2005 004789 VERIZON ONLINE
Jun Internet svcslEOC backup @ sin 84
42.94
42.94
100589 07/07/2005 003730 WEST COAST ARBORISTS INC
Tree trim svcs:Ouck pond:pala Prk
1.170.00
1,170.00
100590 07/07/2005 000339 WEST PUBLISHING CORP
May-June 05 Judicial Updates
129.30
129.30
100591 07/07/2005 000348 ZIGLER, GAIL
Reimb supplies:AedhawklEE Picnic
184.56
184.56
100592 07/07/2005 005195 ZOOLOGICAL SOCIETY
Smart Excursion 7/13/05 entry fee
735.50
735.50
Grand lotal for UNION BANK OF CAUFORNIA:
1,880,775.61
PageS
apChkLst Final Check List Page: 1
07/14/2005 11:47:18AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
530 07/14/2005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,923.29
Child Care Reimbursement Payment 0.00 7.923.29
531 07/14/2005 000444 INSTATAX (EOD) State Disability Ins Payment 20,903.43 20.903.43
532 07/14/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 81.565.20 81,565.20
533 07/14/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,493.74 19,493.74
534 07/14/2005 000246 ~~~~ LEM!L9YEES' PERS ER Paid Member Cantr Payment 100,495.77 100,495.77
535 07/14/2005 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 5,507.38 5,507.38
_ _ --- _ _ _ ...- - ---.--- ---.-
536 07/14/2005 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 63,586.09
Blue Shield HMO Payment 0.00 63,586.09
100593 07/07/2005 007618 HOT AUGUST NIGHT Performer: Summer Concert 7/7/05 1,200.00 1.200.00
100594 07/14/2005 004594 2 HOT ACTIVEWEAR T-Shirts for '05 July 4th Event 1,136.76 1.136.76
100595 07/14/2005 003552 AFLAC AFLAC Cancer Payment 1,941.90 1.941.90
100596 07/14/2005 001700 A PLUS TEACHING MATERIALS CRC - Teen Program Supplies 158.70
Misc Tiny Tots Supplies 59.30 218.00
100597 07/14/2005 004973 ABACHERLI. L1NDI TCSD instructor earnings 720.00 720.00
100598 07/14/2005 003802 ADOLPH KIEFER & ASSOCIATES Aquatic equip:DurafasVKickboards 685.86 685.86
100599 07/14/2005 001916 ALBERT A WEBB ASSOCIATES Financial svcs: RDA Old Analysis 1.500.00 1,500.00
100600 07/14/2005 006915 ALLIE'S PARTY EQUIPMENT Party rental equip:Redhawk Annex. 1,649.75
Party rental equip:July 4th Parade 610.27 2,260.02
100601 07/14/2005 002877 ALTA LOMA CHARTER LINES Day camp excursion bus:Movie Exp. 401.00 401.00
100602 07/14/2005 000110 AMERICAN BUSINESS SYSTEM 2 Stn letter folder mach.w/auto seal 7.500.00 7,500.00
100603 07/14/2005 008732 ANSWER BAND INC. THE 7/14 Performers: Concert Series 900.00 900.00
Page:1
apChkLst Final Check List Page: 2
07/14/2005 11 :47:18AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100604 07/1412005 000101 APPLE ONE INC Temp help PPE 6/25 GKlWM 1.123.20
Temp help PPE 6/25 DAlCG 519.75
Temp help PPE 6/11 Sharp 57.38 1,700.33
100605 07/14/2005 004599 AQUARIUM OF THE PACIFIC Jun 30 Day camp excursion 940.10 940.10
100606 07/1412005 008987 ARAIZA, BARBARA Refund: Level 6 Swim Lessons 32.50
Refund: Levell Swim Lessons 32.50 65.00
100607 07/14/2005 008996 ARMSTRONG, TONI Refund: Sci Adv Camp- TCC 27.00 27.00
100608 07/14/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ SMART prgm 349.38
Bottled wtr svcs @ Skate Park 17.02 366.40
100609 07/14/2005 003376 ARTS COUNCIL. THE FY 04105 Comm Grant Agreement 10,000.00 10.000.00
100610 07/1412005 008985 BAKER, MELINDA Refund: CPR/First Aid Combo Class 25.00 25.00
100611 07/1412005 008995 BALAKRISHNAN, PRIY A Refund: Toddler Swim Lessons 40.00 40.00
100612 07/14/2005 008868 BANK OF SACRAMENTO Rei retention:Jefferson Rehab:RJ Noble 60,214.25 60.214.25
100613 07/14/2005 002381 BEAUOOIN, LINDA Retirement Medical Payment 598.10 598.10
100614 07114/2005 008983 BERNAD, EDWARD Refund: Ovrpmt on Citation 15509 7750 7750
100615 07/14/2005 004778 BERRYMAN & HENIGAR INC Apr-May Design:R. Calif Rd Widening 13,415.93 13,415.93
100616 07/1412005 004040 BIG FOOT GRAPHICS TCSP instructor eamings 504.00 504.00
100617 07/1412005 008564 BIG JOHN D'S BARBEQUE Refund: July 4th vendor fees 150.00 150.00
100618 07/14/2005 008994 BRALEY, JOYCE Refund: Toddler Swim Lessons 40.00 40.00
100619 07/14/2005 004462 COW GOVERNMENT INC Network Web Camera:Library 754.23
Network Web Camera:Library 377.11 1,131.34
100620 07/14/2005 003138 CAL MAT PW patch truck materials 1.585.59 1,585.59
100621 07/14/2005 004451 CALIF AUTOMATIC FIRE ALARM Regist:A1arm Tstgflnspect:8116:LL 179.00 179.00
Page2
apChkLst
07/14/2005
11:47:18AM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
100622 07/14/2005 005384 CALIF BAGEL BAKERY & DELI
Refreshments:Council Closed Session
187.02
187.02
100623 07/14/2005 008613 CALIF BANK & TRUST
Rei Retention Esrw 2160Q75819Wolf Crk
98,083.00
98.083.00
100624 07/14/2005 000152 CALIF PARKS & RECREATION
Membership: K.Harrington 024449
125.00
125.00
100625 07/14/2005 002520 CALIF T'S SCREENPRINTING
City 1.0. Uniform Shirts: PW mole crew
204.72
204.72
100626 07/14/2005 004228 CAMERON WELDING SUPPLY
Helium tanks refill:TGSD
29.40
29.40
100627 07/14/2005 004006 CARROLL, JOSEPH
Councilmember Edwards Portrait
118.47
118.47
100628 07/14/2005 002358 CERTIFIED FOLDER DISPLAY
Shipping: mktg rack refill brochures
20.76
20.76
100629 07/14/2005 000137 CHEVRON USA INC
City vehicles fuel: Police
City vehicles fuel:CMlPollce
639.86
273.86
913.72
100630 07/14/2005 008992 CHURCH OF JESUS CHRIST
Refund: Picnic Shelter: Reagan Spt Prk
150.00
150.00
100631 07/14/2Q05 005417 CINTAS FIRST AID & SAFETY
First aid supplies: PW mote
First aid supplies: CRG
First aid supplies:City Hall
155.52
80.09
59.73
295.34
100632 07/14/2Q05 008982 COMMON CENTS FINANCIAL
Refund:Security Depst:TCC
150.00
150.00
100633 07/14/2Q05 008594 COMMUNITY BANK
ReVEscrow 280000256: Win.Widening
18,713.30
18,713.30
100634 07/14/2Q05 004405 COMMUNITY HEALTH CHARITIES Commun~y Health Charities Payment
127.00
127.00
100635 07/14/2005 001923 CONVERSE CONSULTANTS Mar-AprGeotech Svc:Jefferson Rehab
1.694.00
1,694.00
100636 07/14/2005 006954 CRAFTSMEN PLUMBING & HVAC Install new counter top @ CRC
Plumbing Srvcs:Skate Park
Plumbing repairs: C. Museum
4,530.00
700.00
130.00
5.360.00
100637 07/14/2005 005324 CROSSROADS CHURCH Refund: Picnic Shelter-Reagan Prk
150.00
150.00
100638 07/14/2005 008758 CROSSROADS SOFTWARE INC Traffic Collision Database Upgrade
1.900.00
1.900.00
Page3
apChkLst
07/14/2005
11:47:18AM
Final Check List
CITY OF TEMECULA
Page: 4
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100639 07/14/2005 006484 DEREK, DAVIS
8/11 Performers: Concert Series
800.00
800.00
100640 07/14/2005 007785 DEYO. BRYAN
Reimb:FDIC West Cf:6/5-7:LA
176.25
176.25
100641 07/14/2005 003945 DIAMOND ENVIRONMENTAL
Stolen portable restrooms:VaiVBtlrfld
1.250.00
1.250.00
100642 07/14/2005 008990 DODS. AMY Refund: Middle School Dances
6.00
6.00
100643 07/14/2005 008991 DORAN, HARRIET Refund: Picnic Shelter:Reagan Spt Prk
40.00
40.00
100644 07/14/2005 008230 DOUGLAS E BARNHART INC May Prgss Pmt:W~ Crk Sprts Cmplx
882,747.00
882.747.00
100645 07/14/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel:TCSD
City vehicles fuel: PW mntc
City vehicles fuel: Bldg & Safety
City vehicles fuel: Planning/Police
City vehicles fuel:land/CIP
City vehicles fuel: Traffic Division
City vehicles fuel: CIP
1.188.74
951.18
555.83
382.37
353.51
230.27
189.58
3,851.48
100646 07/14/2005 008971 DREW DAVIS BAND LLC 7/16 Pertormers: Summer Nights
1,250.00
1,250.00
100647 07/14/2005 008988 DUALAN, LISA Refund: Miss Sue's Tap & Jazz
73.00
73.00
100648 07/14/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal
Supplies for graffiti removal
42.54
30.63
73.17
100649 07/14/2005 002438 ENGEN CORPORATION May Compaction test Winchester Rd
695.00
695.00
100650 07/14/2005 008999 ETMANS, RITA Refund: SMART excursions
81.00
81.00
100651 07/14/2005 006487 EUROPEAN CAFE & VINEYARD
Refreshments:Dutch Sister Cities
323.25
323.25
Page:4
apChkLst Final Check List Page: 5
07/1412005 11:47:18AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100652 07/14/2005 001056 EXCEL LANDSCAPE Jun Idscp impr: R.Reagan Prk 4,470.00
Jun Idscp impr: Para Prk 3,475.00
Jun Idscp impr: Slope 2,400.00
Jun Idscp impr: City Hall 408.00
Jun Idscp impr: Old Town 360.00
Jun Idscp impr: R.Calif Median 288.00
Jun Idscp impr. C. Museum 276.00
Jun Idscp impr. Slopes 250.00
Jun Idscp impr: Pechanga Median 203.00
Jun Idscp impr: Sr. Center 144.00
Jun Idscp impr: Sports Park 116.25
Jun Idscp impr: Tee 107.95
Jun Idscp impr. Rancho Vista 75.00
Jun Idscp impr: R.Reagan Prk 7,890.00
Jun Idscp mntc:City Facilities 6.886.00 27,349.20
100653 07/14/2005 009007 FAMILY FUN 1 yr subscription for Camm Svcs 11.95 11.95
100654 07114/2005 008997 FARRIAS, ROSALIE Refund: Sel Adv Camp- Tee 81.00 81.00
100655 07/14/2005 000478 FAST SIGNS Redhawk Annexation Signs 56.41
3. Vehicle Tailgate 10 Numbers 30.51 86.92
100656 07114/2005 000165 FEDERALEXPRESSINC Express mail services 191.76 191.76
100657 07114/2005 002832 FENCE BUILDERS Res impr prgm: Legg, Merrell & Carol 600.00 600.00
100658 07/14/2005 003281 FOREMOST PROMOTIONS Lifesavers-Dial 911 :Police 100.76 100.76
100659 07/14/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
100660 07/14/2005 003946 G T ENTERTAINMENT M C Svcs:4th of July event 150.00 150.00
PageS
apChkLst Final Check List Page: 6
07/14/2005 11:47:18AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100661 07/14/2005 000177 GLENNIES OFFICE PRODUCTS SuppliesIT oner Cartridges: Info Sys 1.586.26
Office Supplies/chairs:Planning 1,100.03
Office Supplies: CM/Eco Devel 1,088.46
Office Supplies: Info SyslGIS 1,087.05
Office supplies:CI P Division 1,034.65
Office Supplies: City Clerk 741.74
Office Supplies:Fire Stn/Prev. 668.36
Office Supplies: CRC/Sports Prgm 446.39
Office Supplies: Finance 273.20
Office Supplies: Records Mgmt 149.05
Office Supplies: Build & Safety 147.57
Office Supplies: GIrl SVcs 52.35
Office supplies:RDAlLow-Mod 27.22 8.402.33
100662 07/14/2005 004019 GOLDEN STATE FENCE drill fence holes @ Harveston restrooms 2,150.00 2,150.00
100663 07/14/2005 008361 GRAPE STOMPERS SO DANCE TCSD instructor earnings 184.45
TCSD instructor earnings 126.00 310.45
100664 07/14/2005 006916 GREYSTONE HOMES Refund:Ovrpmt of Permit Fees 656.00 656.00
100665 07/14/2005 002174 GROUP 1 PRODUCTIONS Update City's Tourism CD:Eco Devel 5,150.00 5,150.00
100666 07/14/2005 006469 HAGEL. BOB Reimb:CA Disaster Resist Cf:5116-17 20.92 20.92
100667 07/14/2005 000186 HANKS HARDWARE INC Hardware supplies:PW Str Mntc 694.95
Hardware supplies:AquaticlB&S 488.80
Hardware supplies: Parks 474.31
Hardware supplies:City Hall/Slopes 348.25
Hardware supplies:Fire StnlMedic 335.57
Hardware supplies:lnfo System 173.31
Hardware supplies: Aquatics 112.09
Hardware supplies:AquaticlC.Museum 63.19
Exhibit/mntc suppfies:T.& C.Museum 47.42
Hardware supplies:CRC/Aquatics 37.61
Hardware supplies:TCC 33.92
Hardware supplies: Sr. Center 16.41 2.825.83
100668 07/14/2005 002372 HARMON. JUOY TCSD instructor earnings 476.35 476.35
100669 07/14/2005 001135 HEAL THPOINTE MEDICAL May Pre-employment Physicals 150.00
May Pre-employment Physicals 100.00
May Pre-employment Physicals 25.00 275.00
100670 07/14/2005 002906 HEMET FENCE COMPANY Res impr prgm: Andes, Ray 3.148.00 3,148.00
Page:6
apChkLst
07/1412005
11 :47:18AM
Final Check List
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor
Description
Amount Paid
Check Total
100671 07/14/2005 009001 HENDERSON, BARBARA
Refund: Sr. Excursions- County Fair
10.00
10.00
100672 07/14/2005 002107 HIGHMARK INC
Voluntary Supp life Insurance Payment
630.70
630.70
100673 07/1412005 007792 HINTON, BEVERLY L.
TCSD instructor earnings
212.10
212.10
100674 07/14/2005 005748 HODSON, CHERYL A.
Support Payment
23.67
23.67
100675 07/14/2005 008356 HORIZON MECHANICAL OF CALIF Install new pool equip: TES
1.918.93
1.918.93
100676 07/14/2005 009003 HROCH, KATHY
Refund: Complete Tennis Camp for Kids
150.00
150.00
100677 07/1412005 008998 HUBBARD, KATHLEEN
Refund: Sci Adv Camp- TCC
27.00
27.00
100678 07/14/2005 008986 HUTCHINSON, ANA
Refund: CPR class w/materials
35.00
35.00
100679 07/14/2005 000194 I C M A RETIREMENT.PLAN
I C M A Retirement Trust 457 Payment
9,117.27
9,117.27
100680 07/14/2005 008798 INT'L FEDERATION FOR
Membership:Thomhill, G. 308097
90.00
90.00
100681 07/1412005 006113 INTL ASSN OF FIRE CHIEF5-IAFC Membership: HWindsor 61519
245.00
245.00
100682 07/14/2005 003296 INTL CODE COUNCIL Books: '01 Bldg Codef01 Fire Code
100683 07/14/2005 001186 IRWIN, JOHN TCSD instructor earnings
TCSD instructor eamings
100684 07/14/2005 008516 JAMIN ENTERTAINMENT July 4th Party jump rentals
100685 07/14/2005 007671 JONES. MARYL YN TCSD instructor earnings
100686 07/14/2005 008746 JUVE, KRISTIN Refund: Level 1 Swim Lessons
Refund:Toddler Swim Lessons
100687 07/14/2005 008989 KELLY-FRYE, JAMIE Refund: Middle School Dances
512.35
512.35
739.20
126.00
865.20
1,300.00
1,300.00
490.00
490.00
42.50
42.50
85.00
6.00
6.00
100688 07/14/2005 001091 KEYSER MARSTON ASSOCIATES Jun Affordable Housing Svcs
Jun Real Estate Econ Svcs
2,423.75
1.276.25
3.700.00
Page:7
apChkLst Final Check List Page: 8
0711412005 11:47:18AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100689 07/14/2005 001282 KNORR SYSTEMS INC CRC energy-saver pool blanket 7,061.31
Pool Equip: Photometer test kit 902.63
Misc pool supplies/equip 741.66
Pool equip: Surge Supressor 307.46 9,013.06
100650 07/14/2005 009004 KUPP, SUSAN Refund: Welk Theater Presents 42nd Str 100.00 100.00
100691 07/14/2005 004062 KUSTOM SIGNALS INC Prolaser III w/Battery & Charger 7.997.73 7,997.73
100692 07/14/2005 008822 L A GAlAXY 7/6 SMART Excursion 430.00 430.00
100693 07/14/2005 004051 LOR GEOTECHNICAL GROUP Jun geotech svcs:Wlf Vly Crk Stonn Drain 2.242.50
Jun geotech svcs:Pechanga Stann Drain 915.00 3,157.50
100694 07/14/2005 001719 L P A INC May-Ubrary donor related issues 3,695.00 3,695.00
100695 07/14/2005 000945 L P S COMPUTER SERVICE Printer mntc & repairs:lnfo System 2,694.58 2,694.58
100696 07/14/2005 008680 LA-Z-BQY 5 Rocker Recliners for Fire Stn 84 2,343.57 2,343.57
100697 07/14/2005 008700 LAKE MANAGEMENT INC Jun wtr quality mntc:Harveston lake prk 4,000.00 4.000.00
100698 07/14/2005 009000 LANG, SILVIA Refund: TVM Summer Explorers prgm 45.00 45.00
100699 07/14/2005 004412 LEANDER, KERRY D. TCSD instructor earnings 2,338.00 2,338.00
100700 07/14/2005 003286 LIBRARY SYSTEMS & SERVICES Jun svcs-Iibrary system agnnnt 9.518.73
Jun svcs-library system agnnnt 1,432.38 10,951.11
100701 07/14/2005 003726 LIFE ASSIST INC Paramedic medical supplies 91.16 91.16
100702 07/14/2005 008756 MADRIGAL. ANTONIO Perfonnance:Harveston Lake 7/20/05 700.00 700.00
100703 07/14/2005 001967 MANPOWER TEMPORARY lemp help PPE 06126 JD/JG/JHlDH 4,826.66 4,826.66
100704 07/14/2005 000217 MARGARITA OFFICIALS ASSN Jun Sports Program Officiating Services 1,550.00 1,550.00
100705 07/14/2005 002693 MATROS, ANDREA TCSD Instructor Earnings 42.00 42.00
Page:8
apChkLst
07/14/2005
11 :47:18AM
(Continued)
Bank: union UNION BANK OF CAUFORNIA
Check # Date Vendor
100706 07/14/2005 006571 MELODY'S AO WORKS
Final Check List
CITY OF TEMECULA
Page: 9
Description
Amount Paid
Check Total
reimb expenses: Street Painting Festival
225.01
225.01
100707 07/14/2005 003076 MET LIFE INSURANCE COMPANY MetUfe Dental Insurance Payment
100708 07/14/2005 004894 MICHAEL BRANDMAN
8,469.08
8,469.06
4/30.5127/05 svcs: Pechanga Pkv.;y Phil
645.00
645.00
100709 07/14/2005 008976 MILGARD MANUFACTURING, INC Refund: audio tapes Planning Commission
100710 07/14/2005 001364 MINUTEMAN PRESS
100711 07/14/2005 000663 MONTELEONE EXCAVATING
30.00
30.00
business cards: C. Washington
115.55
115.55
Duck Pond Cleaning
Emergency repairs to Low Flow Crossing
credit:Ouck Pond Cleaning
5.306.00
3,901.00
-5,306.00
3,901.00
100712 07/14/2005 008970 MONTEREY ARTISTS INC Performance:Hot 8mr Nights 7/16/05
1.250.00
1,250.00
100713 07/14/2005 001214 MORNINGSTAR PRODUCTIONS, StagingiLightingiSound:Hot Smr Nights
4.211.00
4.211.00
100714 07/14/2005 007011 MORRIS MEYERS MAINTENANCE Jun maint svcs:park r.r.lpicnic shellers
100715 07/14/2005 006973 MOUNSEY, E.
100716 07/14/2005 002925 NAPA AUTO PARTS
100717 07/14/2005 004933 NATIONAL FIRE SPRINKLER
100718 07/14/2005 004933 NATIONAL FIRE SPRINKLER
100719 07/14/2005 007212 NATIONALlNSTITUTE OF
100720 07/14/2005 005606 NEUMAN, JASON
100721 07/14/2005 005959 NEW COVENANT FELLOWSHIP
5,535.25
5,535.25
Refund:Musical Theater Production
222.56
222.56
vehicle mainl parts/supplies: Paramedics
vehicle maint parts/supplies: Paramedics
vehicle parts/supplies: Paramedics
vehicle parts/supplies: Fire Sin 84
120.64
65.76
25.49
13.77
245.86
Plan Review/Inspect Sem:Larson 816-9/05
Fire Pumps Sem:L.Larson 09113/05
Sprinkler-Rack Storage Sem:Larson 9/15
Underground Piping Sem:Larson 8/11
Hydraulics Sem:L.Larson 08/10/05
149.00
99.00
99.00
99.00
99.00
545.00
Fire Sys Hydraulics Sem:Neuman 8/10
99.00
99.00
.Personal Report- 1 yr subscr:C.Mgr.
59.95
59.95
Reimb:educ. publications/Fire Prev
74.19
74.19
Refund:Sec. DepositlPicnic-Harveston
Refund:Sec. DepositlPicnic-Harveston
150.00
60.00
210.00
page:9
apChkL.st Final Check List Page: 10
07114/2005 11:47:18AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100722 07/14/2005 001599 NORTH COUNTY BASKETBALL AssignmenVForfeit Fees:Sports Prgm 129.00 129.00
100723 07/14/2005 002139 NORTH COUNTY TIMES Jun public notice ads:PIn/City ClerklPW 1,696.86
Jun SMART Prgm/4th of July display ads 593.44
Jun recruitment ads: PWfTCSD/Pln 538.88 2.829.16
100724 07/14/2005 006140 NORTH JEFFERSON BUSINESS Juf-Sep bus.prk assn dues:F.V.l115 xx20 447.00 447.00
100725 07/14/2005 003964 OFFICE DEPOT BUSINESS SVS Office supplies for Police Dept 473.26
Office supplies for Planning Dept 202.55 675.61
100726 07/14/2005 006721 OFFICEMAX - A BOISE COMPANY 8.5 x 11 copy paper supplies for City 2,426.01
fite cabinets for Maint Fae 1.670.13
Mise office supplies:Finance 142.69
City HalVCopy Center Paper Supplies 132.00
Mise office supplies:Finance 107.14
Mise office supplies:Finance 93.55
Mise office supplies:Finance 53.46
Mise office supplies:Finance 51.79 4,679.57
100727 07/14/2005 002666 OMEGA LAKE SERVICES Jun Duck Pond water maint. svcs 1,203.60 1.203.60
100728 07/14/2005 001171 ORIENTAL TRADING COMPANY Summer Day Camp Supplies 297.24 297.24
100729 07/14/2005 004074 PARTY CITY OF TEMECULA INC 4th of July Supplies for TCSD 426.26 428.26
100730 07/14/2005 003216 PELA Jun plan check svcs: Planning Dept 9,044.00
Apr Idscp plan ck: R. C. Rd Widening 360.00 9,404.00
100731 07/14/2005 006979 PENNER, EVA Refund: Parent N Me Swim lessons 50.00 50.00
100732 07/14/2005 001958 PERS LONG TERM CARE PERS long Tenn Care Payment 266.55 266.55
-- - - -...
100733 07/14/2005 000249 PETIY CASH Petty Cash Reimbursement 271.50
Petty Cash Reimbursement 211.72 463.22
100734 07/14/2005 000560 PHOTO WORKS OF TEMECULA Jun photo devlfilm suppUes:T. MuslPW 25.55 25.55
100735 07/14/2005 009002 PICKLES & GIGGLES Refund: 4th of July Parade 50.00 50.00
100736 07/14/2005 002354 POSITIVE PROMOTIONS Surf the Internet Bookmarkers: Police 263.17
Sales Tax -20.37 262.60
Page:10
apChkLsl
07/14/2005
11:47:18AM
Final Check List
CITY OF TEMECULA
Page: 11
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100737 07/14/2005 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment
359.75
359.75
100738 07/14/2005 000254 PRESS ENTERPRISE COMPANY Jun ad for Old Town Temecula
1,496.00
1,496.00
100739 07/14/2005 004457 R J NOBLE COMPANY
May prgs pmt# 2: Jefferson Ave PW02.26
5% contract ret. adj:Jefferson Ave
705,594.46
18.185.13
723.779.59
100740 07/14/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters
Various Water Meters
Jun 01-06-84353-0 Gateway Ldscp
Various Water Meters
6,424.39
518.54
92.14
66.42
30.14
13.13
7.144.76
Jun 01-06-84650-2 Gateway Ldscp
Jun 01-06-65006-0 Community Theater
100741 07/14/2005 005587 RANCHO ELEMENTARY SCHOOL Refund: Sec. Deposit CRC 6/9105
150.00
150.00
100742 07/14/2005 005849 REAOY SET GROW PRESCHOOL Refund:Sec. Depostt Amphttheater
135.00
135.00
100743 07/14/2005 006483 RICHARDS, TYREOSHA I. TCSD Instructor Eamings
TCSD Instructor Earnings
TCSD Instructor Earnings
504.00
122.50
24.50
651.00
100744 07/14/2005 000418 RIVERSIDE CO CLERK & 5 Term/Regulatory Agrrnnt recording fees
55.00
55.00
100745 07/14/2005 000418 RIVERSIOE CO CLERK &
Term/Regulatory Agnnnt record fee:Lovell
11.00
11.00
100746 07/1412005 000268 RIVERSIOE CO HABITAT
Apr-Jun 2005 K-Ral payment
11,182.50
11,182.50
100747 07/14/2005 000955 RIVERSIDE CO SHERIFF SW STN Street Painting Festival patrol svcs
722.13
722.13
100748 07/14/2005 000357 RIVERSIOE CO
Add'l deposit:Maint Fae Expansion pM>306
459.00
459.00
100749 07/14/2005 002181 RIVERSIDE CONSTRUCTION
May prgs pmt#6: Winchester Widen 00-27
168,419.67
168,419.67
100750 07/14/2005 003587 RIZZO CONSTRUCTION INC
TES pool equipment room repairs
Repair elee problem in Planning
base covers/O.T. Fron1 Street light
17,348.00
2,150.00
250.00
19,748.00
100751 07/14/2005 008974 ROCHEFORD. LISA
Refund: Tap/BalleVJazz
175.00
175.00
100752 07/14/2005 008769 ROOTEN, L1ESELOTTE
Refund: Excursions. San Diego Co. Fair
10.00
10.00
Page:ll
apChkLst
07/14/2005
11:47:18AM
Final Check List
CITY OF TEMECULA
Page: 12
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100753 07/14/2005 008739 ROSE CITY LABEL
3000 Temecula Jr. Police Officer badges
119.67
119.67
100754 07/14/2005 006365 RUBIN. STEVEN P.
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
784.00
52.50
35.00
871.50
100755 07/14/2005 008723 RUBIO, ANGELICA
Refund: Advanced Chorus
156.00
156.00
100756 07/14/2005 0002n S & S ARTS & CRAFTS INC
Parent & Me Program Supplies
206.83
206.83
100757 07/14/2005 004598 S T K ARCHITECTURE INC
May dsgn: Roripaugh Fire Stn PW03-01
1.651.65
1,651.65
100758 07/14/2005 007582 SAFEGUARD OENTAL & VISION
SafeGuard Vision Plan Payment
SafeGuard Vision Plan Payment
990.74
0.00
900.74
100759 07/14/2005 008693 SALAZAR. DONALD (SWD 000053) Support Payment
283.50
283.50
100760 07/14/2005 008932 SALAZAR, FELIPE V.
Refund: Sec. Deposit TCC
400.00
400.00
100761 07/14/2005 005227 SAN DIEGO COUNTY OF
Support Payment Case # DF099118
25.00
25.00
100762 07/14/2005 001500 SAN DIEGO REGIONAL TRAIN
Supervisor's Acad.:GF/HO FeblMar '05
Supervisor's Acad.:EP Feb/Mar '05
Supervisor's Acad.:TC FeblMar '05
Eff. Presentations:CD/DW 5110105
1.150.00
575.00
575.00
270.00
2,570.00
100763 07/14/2005 006815 SAN DIEGO, COUNTY OF
Support Payment Account # 581095025
12.50
12.50
100764 07/14/2005 002864 SEA WORLD OF CALIFORNIA
S.M.AR.T. Excursion 7/20/05
1,513.75
1,513.75
100765 07/14/2005 007932 SEDA. TIFFANY Refund: Levell Swim Lessons
40.00
40.00
100766 07114/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005022657
103.47
103.47
100767 07/14/2005 004814 SIMON WONG ENGINEERING INC May dsgn svcs: Main St. Bridge PW03.05
13,194.47
13,194.47
100768 07/14/2005 000645 SMART & FINAL INC
Children's Museum Supplies
Event Supplies - 4th of July
High Hopes Program Supplies
CRC recreation supplies
special event supplies for TCC
454.68
377.63
319.26
228.44
196.09
1.576.10
Page:12
apChkLst
01114/2005
11:47:18AM
Final Check List
CITY OF TEMECULA
Page: 13
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
100769 07/14/2005 000537 SO CALIF EDISON
JuI2-02.351-5281 CRC
Jun 2-05-791-8807 various mtrs
JuI2-02-351-4813 Harveston Dr
JuI2-06-1Q5-0654 various mtrs
JuI2-10-331-1353 Fire Stn 84
JuI2-27-303-5568 Rancho Calif.
7,372.16
4.238.37
3.738.49
1,693.66
1.268.01
10.89
18,321.58
100770 07/14/2005 002361 SO CALIF FPOS
Combustible Storage:L. Larson 7/20/05
35.00
35.00
100771 07/14/2005 005244 SOCIETY FOR HUMAN
Membership: Beth Gutierrez 00551614
160.00
160.00
100772 07/14/2005 005244 SOCIETY FOR HUMAN
Membership: Denise Lanier
145.00
145.00
toons 07/14/2005 004163 SPORTS CHALET 18 dz softballs:TCSD Softball Leagues
691.44
691.44
100774 07/14/2005 005578 STAMEY, DAVID W. Perlonnance: Hot Smr Nights 07/16105
750.00
750.00
loons 07/14/2005 007762 STANDARD OF OREGON Mandatory Ufe Insurance Payment
2,598.75
2,598.75
100776 07/14/2005 007696 SWANK MOTIONS PICTURES, .Shark TaleM rental:MovieslPark 7/8105
271.00
271.00
100777 07/14/2005 000305 TARGET BANK BUS CARD SRVCS recreation supplies SMART Prgm
recreation supplies SMART Prgm
High Hopes Supplies
Event Supplies. 4th of July
Summer Day Camp supplies
464.53
385.04
230.84
166.87
131.01
1.378.29
100778 07/14/2005 009006 TAVAREZ, FILlBERTO S. Refund: Admin Cnation # 2090
100.00
100.00
100779 07/14/2005 001547 TEAMSTERS LOCAl 911 Union Dues Payment
4,075.00
4.075.00
100780 07/14/2005 004876 TEMECULA COMMUNITY Refund: Sec. Deposil MPSC
150.00
150.00
100781 07/14/2005 006914 TEMECULA COPIERS INC.
May copier usage chrgs:City Facilities
4.724.32
4,724.32
100782 07/14/2005 001035 TEMECULA ENVIRONMENTAL
Jan-Jun '05 trash hauling services
1,802.049.48
1,802,049.48
100783 07/14/2005 008978 TIME MACHINE USA, THE
Refund:Sec. Deposit CRG
150.00
150.00
Page:13
apChkLst Final Check List Page: 14
07/14/2005 11 :47:18AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
100784 07/14/2005 005937 TOMCZAK. MARIA T. TCSD Instructor Earnings 133.00
TCSD Instructor Earnings 42.00 175.00
100785 07/14/2005 009005 TOWELL. MARY Refund: Creative Movement 50.00 50.00
100786 07114/2005 006192 TRISTAFF GROUP temp help w/e 06/19 AmezcualTidwell 1.335.10
temp help w/e 05115 AmezcualTidwell 1.289.93
temp help w/e 06112 AmezcuaITidweJl 1,106.95
temp help w/e 06105 AmezcuaITidwell 1,063.40
temp help w/e 05129 AmezcualTidwell 761.65
temp help w/e 05122 Tidwell 732.55
credit: temp help w/e 05115 Amezcua -124.80 6,164.78
100787 07/14/2005 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings 462.00
TCSD Instructor Earnings 371.00
TCSD Instructor Earnings 222.60
TCSD Instructor Earnings 148.40 1,204.00
100788 07/14/2005 002702 US POSTAL SERVICE Postage meter deposit 5,145.86 5,145.86
100789 07/14/2005 002065 UNISOURCE Misc. Copier Paper Supplies 2,457.84 2.457.84
100790 07/14/2005 004981 UNISOURCE SCREENING & 6116.30/05 bckgrnd screening svcs 96.00 96.00
100791 07/14/2005 000325 UNITED WAY United Way Charities Payment 228.65 228.65
100792 07/14/2005 004819 UNUM LIFE INS. CO. OF AMERICA LongTenn Disability Payment 7.343.88 7,343.88
100793 07/14/2005 008977 V ALLEY EVENTS Refund: Picnic. Harveston Community 150.00 150.00
100794 07/14/2005 003665 V ARTEC SOLUTIONS INC Jun long distance phone svcs 4.11 4.11
100795 07/14/2005 008993 VEGA, MICHELLE Refund: Amazing Chefs 20.00 20.00
100796 07/14/2005 004261 VERIZON Jun xxx.I540 Old Town Parking Lot 90.67
Jul xxx-1941 PT A CD TT ACSD 58.55
Jul xxx.3851 general usage 40.17
Jun xxx.6620 general usage 27.41 216.80
100797 07/14/2005 007987 W ALMART binoculars for Fire Inspector vehicles 387.60 387.60
100798 07/14/2005 008975 WEISMANN, ROSEANN Refund: Teen Summer Day Camp 180.00 180.00
Page:14
apChkLsI
07/14/2005
11:47:18AM
Final Check List
CITY OF TEMECULA
Page: 15
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid Check Total
2.958.98
-185.88 2,773.10
489,071.22 489.071.22
1.000.00 1.000.00
175.00 175.00
195.00 195.00
32.00 32.00
900.00 900.00
136.31 136.31
100799 07/14/2005 008832 WESTERN RESERVE
Child Car Seats/Boosters: Tern. Police
Sales Tax
100800 07/14/2005 000621 WESTERN RIVERSIDE COUNCIL Jun 2005 TUMF pmt
100801 07/14/2005 008316 WESTSIDE SELF STORAGE Jul offsite records storage: Rcrds Mgmt
100802 07/14/2005 008980 WilLIS, KRISTINE
Refund: Summer Day Camp
100803 07/14/2005 008981 WilSON, BRUCE
Refund: Teen Summer Day Camp
100804 07/14/2005 008984 WINTON, PAIGE
Refund: Watercolor Techniques Wrkshp
100805 07/14/2005 008750 YOUNG, GREGG
Performance:Concert Series 7/21/05
100806 07/14/2005 000348 ZIGLER. GAil
Reimb:Team Pace/Movies in the Park
Grand lotal for UNION BANK OF CALIFORNIA:
4,913.053.94
Page:15
ITEM 3
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA CITY COUNCIL
JUNE 28, 2005
The City Council convened in Closed Session at 6:30 P.M., on Tuesday, June 28, 2005, in the
City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California. The Open Session convened at 7:00 P.M.
Present:
5
Councilmembers:
Edwards, Naggar, Roberts, Washington, and
Comerchero
Absent:
o
Councilmembers:
None
PRELUDE MUSIC
The prelude music was provided by Sienna Naggar on violin accompanied by Helen Miller.
INVOCATION
The inyocation was giyen by Pastor Rench of Calvary Chapel.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Mayor Pro Tem Roberts.
PRESENT ATIONS/PROCLAMATIONS
Certificate of Appreciation to Planninq Commissioner Marv Jane Olhasso
Mayor Comerchero presented Mary Jane Olhasso with a certificate of appreciation for her many
contributions of both time and talent for serving on the Planning Commission for the past four
years; and that thanked her for her dedication and service.
In response to Mayor Comerchero's comments, Ms. Olhasso noted that it has been her priyilege
to haye served on the Planning Commission for the past four years.
Demonstration of the City's T.R.I.P. Report (Traffic Restrictions in Procressl Webpace
At the request of Mayor Comerchero, Senior Management Analyst Adams created a traffic
report known as T.R.I.P. (Traffic Restrictions in Progress); advising that this report will provide
up-to-date information regarding road conditions and/or possible traffic delays due to
construction; and that the following will be accessed on the City's webpage:
. Low flow channel
. Road closures
. Restricted lanes
Mr. Adams commended the Public Work's staff as well as the City's Webmaster for their efforts
with the T.R.I.P. report.
.
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Presentation on Temecula Community Demoqraphic Economic Report bv John Husinq, Ph.D.
Dr. John Husing provided a detailed report regarding the Demographic Economics, (as written
material), highlighting the following:
. Demographics
. Residential
. Employment
. Taxable Retail Trade
. Industrial Real Estate
. Office Real Estate
. Office Retail Space
. Quality of Life
. Inland Empire Market
The City Council thanked Dr. Husing for his Demographic Economic Report.
For the audience, Mayor Comerchero noted that Item No. 25 will not be about Illegal
Immigration.
PUBLIC COMMENTS
Mr. Jeff Singleton, Temecula resident, expressed concern of the City's curfew for minors and
queried the intent of the ordinance.
Mr. Otto Baron, Temecula resident, relayed his concern with the Surpreme's Court decision
regarding Eminent Domain, and asked the City's stance regarding the decision.
Ms. Carol Marsden, Temecula resident, expressed her concern for the homeless in Temecula
and asked that the situation be addressed.
Echoing Mr. Baron's concern regarding the Supreme Court's decision regarding Eminent
Domain, Ms. Nancy Baron requested that the City Council agendize her concern so that the
business owners of Old Town could fully understand how it would affect the small property
owner.
For Ms. Baron, Mayor Comerchero stated that although there has been a change in the
Surpreme's Court decision regarding Eminent Domain, the City has rarely used Eminent
Domain, and that it would be his opinion that this philosophy would not change.
Ms. Nancy Baron thanked Mayor Comerchero for his comments.
The following individuals spoke against Illegal Immigration and requested that the City Council
take a forward approach in stopping loitering of day laborers at various locations of the City,
prior to the problem escalating.
. Mr. Bob Kowell
. Ms. Treva Bennett
. Ms. Robin Hvidston
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2
CITY COUNCIL REPORTS
A. Referencing Ms. Marsden concern regarding the homeless in Temecula, Councilman
Washington relayed that although one solution to the homeless problem would not suffice, he,
as well as his colleagues, would remain committed to finding solutions to the problem. Mr.
Washington expressed enthusiasm toward the Redhawk Annexation ceremony to be held on
Saturday, July 2, 2005.
B. Echoing Ms. Marsden and Councilman Washington's concern regarding the homeless,
Councilman Roberts relayed that the problem is not only a Temecula problem but rather a
southwest Riverside County problem; and that he would be of the opinion that it is definitely time
to seek some resolution.
C. Mr. Roberts also reported that the City of Temecula has received over four-million dollars
from Indian Gaming local benefit.
D. Agreeing with Councilman Washington and Councilman Roberts, Councilwoman Edwards
expressed the importance of coordinating efforts with neighboring City's and County's to seek a
solution to the ongoing problem of the homeless; that perhaps Code Enforcement and/or Police
Officers could help by distributing brochures that would reference resources such as medical
care, jobs, and shelter.
E. At this time, photos of Danni Elise Durager, granddaughter of City Manager Nelson, were
presented by Councilwoman Edwards.
CONSENT CALENDAR
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. 05-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
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3
3 Riverside County Librarv Contract Amendment NO.8
RECOMMENDATION:
3.1 Approve Amendment NO.8 to the agreement to provide Library Services (additional
staff);
3.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the
Temecula Library Volunteer Coordinator half-time position and to subsidize funding
to maintain the Senior Reference Librarian and Reference Librarian positions for
fiscal year 2005-06.
4 Resolution adoptinq FY 2005-2006 Solid Waste Rates
RECOMMENDATION:
4.1 Adopt a resolution entitled:
RESOLUTION NO. 05-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SOLID WASTE RATES FOR
FISCAL YEAR 2005-2006
5 Purchase of TCSD Recreation Bus
RECOMMENDATION:
5.1 Approve the purchase of a TCSD Recreation Bus for $88,273.57 from Creative Bus
Sales, Inc.
Explaining his reason for pulling Item No.5, Councilman Washington noted that due to an
article in the newspaper regarding the purchase of a TCSD Recreation Bus, it would be
appropriate for the Director of Community Services Parker to highlight the proposed usage and
need for this bus.
For the City Council, Director of Community Services Parker noted the:
. Assistance of staff with ongoing recreational programs
· Ability to accommodate 20 passengers with two handicap lifts and tie downs for safety
· Transportation of seniors to Mary Phillips Senior Center Monday through Friday.
· Support to other events such as Holiday Lights and Festive Sights, Sister Cities
functions, S.MAR.T. summer day camp, and other city-wide activities.
MOTION: Councilman Washington moyed to approve Item NO.5. Councilwoman Edwards
seconded the motion and electronic vote reflected unanimous aDDroval.
R:\Minutes\06280S
4
Mayor Comerchero thanked the Women's Club for the donation of the previous TCSD
Recreation Bus.
6 Arts Council of Temecula Valley Special Events Community Grant Aqreement
RECOMMENDATION:
6.1 Approve a Special Events Community Grant Agreement between the City of
Temecula and the Arts Council of Temecula Valley in the amount of $22,000.
7 Acceptance of Quitclaim Deeds - Redhawk Parks B, E, and F
RECOMMENDATION:
7.1 Authorize to accept and record the Quitclaim Deeds for Redhawk Parks B, E, and F,
subject to all title report issues being reviewed and approved by the TCSD and the
City Attorney's office.
8 First Amendment to defer Conditions of Approval for Tract No. 29353-2 (Roripauqh
Specific Plan)
RECOMMENDATION:
8.1 Approve the First Amendment to the agreement to defer Conditions of Approval until
after recordation of Final Map for Tract No. 29353-2 (Roripaugh Specific Plan).
9 Preliminarv Plans for Sprino 2006 Car Show
RECOMMENDATION:
9.1 Approve preliminary plans for and authorize staff to develop a sponsorship
agreement with P&R Foundation for production of a car show to be held on March
10, and 11,2006.
10 Aqreement for Contract Inspection Services for P&D Consultants and Berryman &
Henioar, Inc.
RECOMMENDATION:
10.1 Approve an agreement for Consultant Services with P&D Consultants in an amount
not to exceed $52,000 plus a 10% contingency for Contract Inspection Services;
10.2 Approve an agreement for Consultant Services Berryman & Henigar, Inc. in an
amount not to exceed $52,000 plus a 10% contingency for Contract Inspection
Services.
11 Second Amendment for Plan Review Services
RECOMMENDATION:
R:\MinutesI062805
5
11.1 Approve a Second Amendment to Esgil Corporation for Plan Check Services in an
additional amount not to exceed $149,130 for Plan Check Services to complete
Fiscal Year 2004-05, bringing the total contract amount to $349,130;
11.2 Approve an additional appropriation for $149,130 for plan check services to the
Building and Safety Plan Check Account No. 001-162-999-5248 - Consulting
Services.
12 Aqreement for State Lobbyist with Wilson Group, LLC
RECOMMENDATION:
12.1 Approve a three-year contract for State lobbying services with the Wilson Group,
LLC in an annual amount of $42,000.
13 Aqreement for Federal Lobbyist Services with David Turch & Associates
RECOMMENDATION:
13.1 Approve a three-year contract for Federal legislative services to be provided by
David Turch & Associates in the amount of $40,200.
14 County of Riverside Sheriff Services Contract
RECOMMENDATION:
14.1 Authorize approval of the law enforcement contract with the County of Riverside and
authorize the Mayor to execute the contract in final form.
15 Third Amendment to City Manaqer's Employment Aqreement
RECOMMENDATION:
15.1 Approve the Third Amendment to the Employment Agreement of the City Manager.
Explaining why he pulled this item, Mayor Comerchero praised City Manager Nelson for his
outstanding job as a City Manager for the past six years noting that part of the success of a City
is the strength of its management.
MOTION: Mayor Comerchero moyed to approve Item No. 15. Councilwoman Edwards
seconded the motion and electronic vote reflected unanimous approval.
16 Purchase and Sale Aqreement for property located in Old Town
RECOMMENDATION:
16.1 Adopt a resolution entitled:
R:IMinutesl062805
6
RESOLUTION NO. 05-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY
LOCATED AT 41950 MAIN STREET (APN 922-044-004) IN THE
CITY OF TEMECULA
16.2 Approve an appropriation from unreserved General Fund balance in an amount not
to exceed $240,000 for acquisition, escrow, closing costs, appraisal, testing, and
related fees.
17 Authorize Temporarv Street Closure of Old Town Front Street between Moreno Road and
Second Street: Main Street from the Bridqe to Old Town Front Street: Second Street:
Third Street: Fourth Street: Fifth Street: Sixth Street. and Mercedes Street between
Moreno Road and Second Street for the Star Spanqled Fourth of Julv Parade and
deleqate authoritv to issue Special Events/Street Closures Permit to the Director of Public
Works/Citv Enqineer
RECOMMENDATION:
17.1 Adopt a resolution entitled:
RESOLUTION NO. 05-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD
AND SECOND STREET; MAIN STREET FROM THE BRIDGE
TO OLD TOWN FRONT STREET; SECOND STREET; THIRD
STREET; FOURTH STREET; FIFTH STREET; SIXTH STREET,
AND MERCEDES STREET BETWEEN MORENO ROAD AND
SECOND STREET FOR THE STAR SPANGLED FOURTH OF
JULY PARADE AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
18 Authorize Temporarv Street Closure of Pauba Road between Maraarita Road and Ynez
Road for the July 4th, 2005 Fireworks Show and deleaate authority to issue Special
Events/Street Closures Permit to Director of Public Works/City Enqineer
RECOMMENDATION:
18.1 Adopt a resolution entitled:
R:IMinutesl06280S
7
RESOLUTION NO. 05-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE
OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ
ROAD FOR THE JULY 4TH, 2005, FIREWORKS SHOW AND
AUTHORIZING THE DIRECTOR OF PUBIC WORKS/CITY
ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING
STREET CLOSURES
19 Approval of the Plans and Specifications and authorization to solicit Construction Bids for
Phase I of the Field Operations Center (Maintenance Facility Expansion) Proiect No.
PW03-06
RECOMMENDATION:
19.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for Phase I of the Field Operations Center/Maintenance
Facility Expansion - Project No. PW03-06.
20 Completion and Acceptance of the Diaz Road Realiqnment (Phase Il Traffic Sionals
Diaz Road at Rancho Way and Rancho California Road at Business Park Drive Proiect
No. PW95-27
RECOMMENDATION:
20.1 Accept the Diaz Road Realignment (Phase I) - Traffic Signals Diaz Road at Rancho
Way and Rancho California Road at Business Park Drive - Project No. PW95-27 as
complete;
20.2 File a Notice of Completion, release the Performance Bond, and accept a one-year
Maintenance Bond in the amount of 10% of the contract;
20.3 Release the Labor and Materials Bond seven months after filing of the Notice of
Completion if no liens have been filed.
21 Award a Construction Contract for Fiscal Year 2005-2006 Street Stripino Proqram -
Proiect No. PW05-02
RECOMMENDATION:
21.1 Award a construction contract for Fiscal Year 2005-2006 Street Striping Program -
Project No. PW05-02 to Pacific Striping, Inc. in the amount of $99,555 and authorize
the Mayor to execute the contract;
21.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $9,550 which is equal to 10% of the contract amount.
R:IMinutesl062805
8
22 Second Readinq of Ordinance No. 05-09 (Game of Binqo by Charitable Orqanizationsl
RECOMMENDATION:
22.1 Adopt an ordinance entitled:
ORDINANCE NO. 05-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA
MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY
CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE
REGULATION THEREOF
MOTION: Councilman Naggar moved to approve Consent Calendar Items Nos. 1-22 with Item
Nos. 5 and 15 pulled for separate discussion; (see pages 4 and 5 for Item NO.5 and page 6 for
Item No. 15). The motion was seconded by Councilman Roberts and electronic vote reflected
approval with the exceDtion of Councilman Naggar who voted no. on Item No. 22.
********************
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
23 Temecula Education Center: Development Aqreement (PA05-0122l: Zone Chanqe and
Development Plan (PA04-0582l; and Tentative Parcel Map (PA05-0070l
RECOMMENDATION:
23.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND AGK GROUP, LLC, ESTABLISHING
CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA
EDUCATION CENTER (PA04-0582 AND PA05-0070)
23.2 Introduce and read by title only an ordinance entitled:
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9
ORDINANCE NO. 05-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE ZONING MAP OF THE CITY OF
TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED
DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING
SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE
PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER OF
DiAl ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL MAP NO. 909-370-002 (PA05-0122)
23.3 Adopt a resolution entitled:
RESOLUTION NO. 05-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0S82, A DEVELOPMENT PLAN FOR THE
CONSTRUCTION OF A 170,863 SQUARE FOOT EDUCATION
COMPLEX, A 18,792 SQUARE FOOT RESEARCH AND
DEVELOPMENT BUILDING WITH A CONFERENCE CENTER,
A PAD FOR A 16,000 SQUARE FOOT DAY CARE FACILITY,
RETAIL SPACE TOTALING 60,863 SQUARE FEET, A THREE-
STORY PARKING STRUCTURE WITH 502 PARKING SPACES,
AND 288 APARTMENT UNITS COMPRISING 337,098 SQUARE
FEET, FOR A TOTAL OF 603,616 SQUARE FEET ON 40.0
ACRES LOCATED AT THE NORTHWEST CORNER OF DiAl
ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR
PARCEL NOS. 909-370-002 AND 909-120-019 (PA04-0S82)
23.4 Adopt a resolution entitled:
RESOLUTION NO. 05-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE PARCEL MAP NO.
33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES
INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL
PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY
RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC
RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER
PARCELS, GENERALLY LOCATED AT THE NORTHWEST
CORNER OF DiAl ROAD AND DENDY PARKWAY KNOW AS
ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-019
(PA05-0070)
Director of Planning Ubnoske presented the City Council with a staff report (of record), offering
the following comments:
R:\MinutesI062805
10
· That at the Planning Commission meeting of May 4, 2005, a representative of Milgard
Windows raised concerns regarding additional traffic and the compatibility of the
residential units; but that Public Works staff determined that with the widening of both
Winchester Road and Jefferson Road, as well as the future French Valley Interchange,
staff would be of the opinion that traffic will not be an issue.
· That the applicant has agreed to provide disclosures to all residents of the apartments,
advising them of the industrial use in close proximity.
For Councilman Naggar, Director of Planning Ubnoske noted that the City Council action at this
time, would be the final action; and that she is of the opinion that all cultural issues have been
addressed.
At this time, the public hearing was opened.
Mr. A.G. Kating, applicant of the proposed project, thanked Joan Sparkman, Chairman of the
Board of Mt. San Jacinto College; Dr Peters, of Concordia University; Dr. Dick Eazy, President
of Community College; City of Temecula Planning staff; Director of Planning Ubnoske; Principal
Planner Hazen; Redevelopment Director Meyer; and Associate Planner Fisk for their efforts in
the proposed project. At this time, Mr. Kating offered the following:
· That letters of intent from CSU San Marcos, UCR Extension, Mt. San Jacinto College,
Concordia University, and pt. Loma Nursing School have all expressed interest in
providing classroom opportunities.
Mr. Gary Wiggle, provided a PowerPoint presentation of the Master Plan of the Temecula
Education Center, highlighting on the following:
. 30 x 30 classrooms
. 70 x 70 lecture halls
. Parking
. Security
. On-site daycare
. Site plan
. Open space
. Core of the education campus
. Outdoor amphitheater
. Retail buildings
. Flooring
. Mixed-use building
. Parking structures
. Apartment units
. Courtyard
. Colors and materials of project
. Conference/research center
. Visitor parking
R:IMinutesl062805
11
In response to Council's queries, Mr. Wiggle relayed the following:
· That the construction will be scheduled to start in the beginning of 2006 and that phase I
would entail the apartment buildings, the center core, and the eastern towers
. That the amphitheater would be between 150 to 200 feet across; and that it would also
be available for entertainment purposes
· That out of the 288 apartment units on site, 50 of the units would be affordable housing.
The following individuals spoke in support of the proposed Temecula Education Complex for the
following reasons:
. Ms. Joan Sparkman
. Mr. Dennis Frank
. Ms. Pamela Voit
. Mr. Roger Ziemer
. Mr. Timothy Peters
· That Riverside's Educational Center and La Verne College would also be interested in
bringing in a law school to Temecula
· That the need of a higher education center would be critical to the continued attraction of
business and quality of jobs for citizens of Temecula
· That the proposed location for the Temecula Educational Center would be critical to the
future growth plans of southwest California and would be important from an Economic
Development standpoint.
At this time, the public hearing was closed.
Councilman Naggar expressed his excitement toward the Education Complex stating that it
would be his opinion that the proposed project will change the culture and the identity of the City
of Temecula and that the economic development possibilities that would be related to this are
astronomical. Mr. Naggar also relayed that in the future, he would be willing to support other
land use changes in the area; he would desire to see more restaurants and retail in the area to
be frequented by the community; and he would also desire some form of transportation that
would go to and from the campus from pertinent parts of the City.
MOTION: Councilman Nag9ar moved to approve Item No, 23.3 and 23.4. Councilman
Washington seconded the motion and electronic vote reflected unanimous approval.
Praising all the stake holders, Mr. A.G. Kating and his employees, Councilwoman Edwards
expressed her excitement toward the proposed project; noting that she also is of the opinion
that a whole new dynamic will be taking shape on the northwest corner of the City and would
like to work with the City of Murrieta to install roads to provide better access.
Echoing Councilman Naggar and Councilwoman Edwards, Councilman Washington also
expressed his excitement and support for the proposed project noting that this project will add to
identity of Temecula.
Councilman Roberts concurred with Councilman Naggar's comment regarding alternative
transportation; noting that he will add a commuter rail system at this site to a current study that
RTCT is conducting.
R:IMinutesl062805
12
MOTION: Councilman Naggar moved to approve Item No. 23.1. Councilman Washington
seconded the motion and voice vote reflected unanimous approval.
MOTION: Councilman Naggar moved to approve Item No. 23.2. Councilman Washington
seconded the motion and voice vote reflected unanimous approval.
24 Adoption of Ordinance amendinq Chapter 8.28 of the Temecula Municipal Code:
Urqency and Reqular Ordinances: Urqency Fee Resolution
RECOMMENDATION:
24.1 Adopt an Urgency Ordinance entitled:
ORDINANCE NO, 05-12
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE
TEMECULA MUNICIPAL CODE WHICH IMPOSES THE
REQUIREMENTS OF THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
CONCERNING STORMWATER RUNOFF QUALITY;
POLLUTION DISCHARGES; CONTROL OF URBAN RUNOFF;
INSPECTIONS OF SOURCES OF DISCHARGES;
ENFORCEMENT OF WATER QUALITY AND DISCHARGE
REGULATIONS AND PERMITS WITHIN THE CITY OF
TEMECULA, AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
24.2 Adopt an Urgency Resolution entitled:
RESOLUTION NO. 05-71
AN URGENCY RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ESTABLISHING FEES FOR SERVICES
ARISING UNDER ARTICLE VII OF CHAPTER 8.28 OF THE
TEMECULA MUNICIPAL CODE
24.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 05-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA
MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS
OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT CONCERNING STORMWATER
RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF
URBAN RUNOFF; INSPECTIONS OF SOURCES OF
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13
DISCHARGES; ENFORCEMENT OF WATER QUALITY AND
DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY
OF TEMECULA AND AUTHORIZING THE DIRECTOR PUBLIC
WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING
FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND
REQUIREMENTS NECESSARY TO IMPLEMENT THIS
ORDINANCE
24.4 Confirm that the adoption of this Ordinance represents components of the City's
adopted General Plan and is categorically exempt from CEQA pursuant to the
provisions of Sections 15308 and 15061 (b)(3) and, therefore, no further
environmental review is required. The City further acknowledges that the action is
the replacement of the existing regulatory ordinance with an ordinance of similar
character reflecting the current state of the applicable law. In light of this deminimus
substitution, the general rule of CEQA. as set forth in State CEQA Guidelines
Section 15601(b)(3), is also deemed applicable to this action as it can be seen with
certainty that the adoption of this superseding ordinance will not cause new or
additional adverse effects upon the environment. The Final EIR for the City's
General Plan was certified by the City Council on April 12, 2005.
Director of Public Works Hughes presented staff report (of record).
For the City Council, City Attorney Thorson noted that the City has been under an NPDES
Ordinance for several years and that this would simply be an update to the ordinance.
Due to no speakers. the public hearing was closed.
MOTION: Councilman Naggar moved to approve Item No. 24.1. Councilman Washington
seconded the motion and electronic vote reflected unanimous aooroval.
MOTION: Councilman Naggar moved to approve Item No. 24.2 and 24.4. Councilman
Washington seconded the motion and electronic vote reflected unanimous aooroval.
MOTION: Councilman Washington moved to approve 24.3. Councilman Naggar seconded the
motion and electronic vote reflected unanimous aooroval.
Councilman Naggar moved to extend the City Council meeting to 10:15 p.m. Councilman
Washington seconded the motion and voice vote reflected unanimous aooroval.
COUNCIL BUSINESS
25 Litiqation Involvinq Roadway Solicitation Ordinances
RECOMMENDATION:
Receive and file report
City Attorney Thorson provided the City Council with a staff report (of written material), offering
the following:
R:IMinutesl062805
14
. That there would be no connection between Illegal Immigration and Solicitation
Ordinance in terms of how the City would enforce it
. That the City would not have the authority, under Federal Law, to enforce the
immigration laws; and that to the extent that the City would try to enforce it, a Federal
court in numerous cases would strike down that action and not allow it to proceed.
. That a City's legitimate governmental issue would be to keep people out of danger in
publiC streets whether they would be soliciting employment, selling something, or
jaywalking
. That if a police officer were to witness a person violating the anti-solicitation ordinance,
the police officer would not be the individual who would determine whether or not
someone was an illegal resident or not
. That the City Council would be entitled to adopt bike lanes if the required findings were
found
. That the City does have the right to establish a bike lane, advising that it would be illegal
to park in a bike lane
It was the consensus of the City council to extend the meeting to 10:30 p.m.
. That there are vehicle codes laws that would prohibit pedestrians in roadways; that if
vehicles are stopped in roadways, impeding or blocking traffic, or parking in an illegal
area, they would be cited; and that public urination would also be a citable offense
Police Chief Domenoe stated that the enforcement that is currently taking place would be the
patrolling of police officers in the area.
It was also noted by Mr. Thorson that the issue would be that as long as the City is within its
legitimate governmental function of regulating the roadways and preventing traffic hazards, the
City would be secure.
Director of Public Works Hughes stated that it would be the City Council's purview to establish
"No parking" zones or "no stopping" zones without the installation of bike lanes.
At this time, the public hearing was opened.
Mr. Arne Chandler and Ms. Holly Warddrop, Temecula residents, spoke against day laborers,
noting the following:
. That safety and security would be issues of concern
. That there is a concern with public urination
. That day laborers create litter
. That day laborers are being exploited with low wages
· That the implementation of bicycle lanes, red curbs, and "No parking" signs would only
move the problem of day laborers to another site
. That the City Council must take an aggressive exploration of loitering laws, soliciting
laws, and trespassing laws
· That the majority of Temecula residents would desire that the problem of day laborers be
resolved before it escalates
· That an ordinance of "no loitering" within a one-mile radius of any school be
implemented to protect the children of Sl. Jeanne de Le Stonnac School from strangers
loitering in the area.
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15
In response to Mayor Comerchero's question, City Attorney Thorson offered the following:
. That Penal Code Section 653G would prohibit loitering in or near a public school and
that the definition would be to delay, linger, or to idle about a school or public place
without lawful business for being present; but noted that he is not aware of how the
District Attorney would view this.
. City Attorney Thorson also noted that the court states that people have the right to stand
on a public sidewalk and transact business
. That "no trespassing" signs on priyate property would be enforceable by law.
Police Chief Domenoe relayed that is most cases if there is trespassing on private property, the
police department would not make an arrest; that the homeowner would need to make a citizens
arrest; advising that typically, with a first offense, a trespasser would only be given a warning.
MOTION: Councilman Roberts moved to direct staff to explore various road design options for
east and west sides of Butterfield Stage Road and for the Police Department to begin immediate
on-site enforcement. Councilwoman Edwards seconded the motion and electronic vote
reflected unanimous approval.
CITY MANAGER'S REPORT
City Manager Nelson reported that Dr. John E. Husing's report is available on the City's
website. Expressing his enthusiasm, Mr. Nelson also thanked the City Council for the renewal
of his contract amendment.
CITY ATTORNEY'S REPORT
With regard to Closed Session, City Attorney Thorson advised that there was no action to
report under Closed Session.
ADJOURNMENT
At 10:35 P.M., the City Council meeting was formally adjourned to a regular meeting on
Tuesday, June 28, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park
Drive, Temecula, California.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
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16
ITEM 4
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: July 26, 2005
SUBJECT: City Treasurer's Statement of Investment Policy
PREPARED BY: Karin A. Grance, Revenue Manage#
RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment
Policy as proposed by staff which provides safety, liquidity and yield for City funds.
BACKGROUND: The California legislature has passed legislation imposing a State-
mandated local program requiring the treasurer or chief fiscal officer to render an annual
statement of investment policy to the legislative body of the local agency and to render a
quarterly report containing specified information regarding investments and deposits to the chief
executive officer and the legislative body of the local agency, Effective September 29, 2004,
cities are no longer mandated but encouraged to render an annual statement of investment
policy and quarterly report. The attached Treasurer's Statement of Investment Policy conforms
to the requirements and guidelines established by the California Municipal Treasurer's
Association and the California Society of Municipal Finance Officers.
The City of Temecula has a majority invested in the State of California Local Agency Investment
Fund (LAIF), This investment is consistent with the City's investment policy that prioritizes
safety and liquidity over yield.
While investing in LAIF remains a viable option for the City, staff continues to diversify and
manage investments in an effort to maximize returns while preserving our principal objective of
protecting the City's treasury within the parameters of prudent risk management.
The attached investment policy reflects no changes from the previous policy adopted by the City
Council on July 27, 2004,
FISCAL IMPACT:
None.
ATTACHMENTS:
Proposed Investment Policy
R'\Agendas\05 Agcndas\staff report-investment pol!cy05-cc.doc
CITY OF TEMECULA
Investment Policy
IINTRQDUCTION: I
The intent of this Investment Policy is to establish the limits within which the City's Investment
Program shall be conducted. Investment goals and objectives are defined. Authorized
investments and reporting requirements are identified. The City's Broker/Dealer Questionnaire
is included.
The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the
remainder of this document.
I OBJECTIVES: I
The investment policies and practices of the City of Temecula are based upon State law and
prudent money management. The primary goals of these policies include:
1. To protect the principal monies entrusted to this office.
Safety of principal is the foremost objective of the City of Temecula. Each investment transaction
shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer
default, or erosion of market value. The City shall seek to preserve principal by mitigating the two
types of risk: credit risk and market risk,
Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by
investing only with issuers whose financial strength and reputation can be verified to be the highest
as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the
failure of anyone issuer would not unduly harm the City's cash flow.
Market risk, the risk of market value fluctuations due to overall changes in the general level of
interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than
or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior
to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the
taking of short positions - that is, selling securities which the City does not own. It is explicitly
recognized herein, however, that in a diversified portfolio, occasional measured, losses are
ineYitable, and must be considered within the context of the oyerall inyestment return,
2. To Drovide sufficient Iiauiditv to meet normal ooeratina and unexoected expenditures.
The portfolio will be structured with sufficient liquidity to allow the City to meet expected cash
requirements. This will be accomplished by structuring the portfolio so that securities mature
concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot
be anticipated, the portfolio will maintain a liquidity buffer and invest primarily in securities with active
secondary and resale markets.
3. To assure compliance with all Federal. State. and Local laws aovernina the
investment of monies under the control of the City Treasurer.
The legal basis for the City's investment activities is the City of Temecula Municipal Code, Chapter
3.04, Revenue and Finance, Fiscal Provisions Generally and Government Code Sections 53600 to
53609 and 53630 to 53686, which include parameters for authorized investments, report of
investments and investment authority.
Last Revised: July, 2004
!city of Temecula
INVESTMENT POLICY
Page 21
4. To aenerate a maximum amount of investment income within the Darameters of
Drudent risk manaaement and consistent with the above Dolicies.
The City's investment portfolio shall be designed to attain a market-average rate of return through
economic cycles. The market-average rate of return is defined as the average return on three-
month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent
investment principles, the Treasurer shall seek to augment returns above the market average rate of
retu rn,
The policy will also address risk management because it is such an integral part of the investment
policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will
be directed to: 1) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining
a minimum credit requirement that firms must have in order to hold City money.
I SCOPE:
This investment policy applies to all funds under the control of the City Treasurer, including but not
limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital
improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any
other funds under his control. California Government Code Section 53601 (1) permits money from
bond proceeds, obligations under a lease, installment sales or other agreements to be invested in
any security that meets the statutory provisions governing the issuance of the bond or other
agreements made by the issuing agency,
I INVESTMENT AUTHORITY: I
The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and
reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their
safekeeping.
The City Treasurer is responsible for daily management of the investment program, including:
v' Establishing procedures for operation consistent with the investment policy.
v' Approving daily investment transactions.
v' Developing projections of the City's cash requirements for operating needs.
.; Reviewing the liquidity position of the investment portfolio.
v' Ensuring that the City's cash position is consistent with operating requirements.
.; Preparing appropriate investment reports.
v' Deyeloping, implementing and monitoring controls over investments.
v' Developing record keeping for investment transactions.
The City Treasurer may delegate investment authority to qualified and competent officials and City
employees such as the Finance Director, Assistant Finance Director, or Revenue Manager.
All persons authorized to make investment decisions on behalf of the City are trustees of the public
funds and therefore fiduciaries subject to the following prudent investor standard as defined in
California Government Code Section 53600.3:
When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public
funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances
then prevailing, including, but not limited to, the general economic conditions and the
anticipated needs of the agency, that a prudent person acting i~ a like capacity a~d
familiarity with those matters would use in the conduct of funds of a like character and With
Last Revised: Julv, 2004
Icily of Temecula
INVESTMENT POLICY
Page 31
like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within
the limitations of this section and considering individual investments as part of an overall
strategy, investments may be acquired as authorized by law.
I SAFEKEEPING OF SEC'"'Ri....IES: I
To protect against potential losses by collapse of individual securities dealers, all securities owned
by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third
party bank trust department, acting as agent for the City under the terms of a custody agreement
executed by the bank and by the City. All securities will be received and delivered using standard
delivery versus payment procedures (I.e., the City's safekeeping agent will only release payment for
a security after the security has been properly delivered). This section is intended to comply with
Government Code 53635.
I REPORTING: I
The City Treasurer shall render a monthly report to the City Manager and City Council showing the
type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of
deposit, current market value for all securities, return on the City's investment portfolio expressed as
an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can
meet its upcoming financial obligations, and such data as may be required by the City Council. The
report shall also state its relationship to this statement of investment policy, as directed under the
Code. The Treasurer shall annually submit a recommended updated Investment Policy to be
reviewed and approved by the City Council. The City's investment reporting policy meets or
exceeds the requirements of Section.53646 of the California Government Code.
I QUALIFIED DEALERS: I
The City shall transact investments only with banks, savings and loans, investment security dealers
and the State of California Local Agency Investment Fund. The dealers must be primary dealers
regularly reporting to the New York Federal Reserve Bank, Exceptions to this rule will be made only
after thorough research and documented confirmation of financial strength and reputation and after
approval by the City Manager. Investment staff shall investigate dealers who wish to do business
with the City in order to determine if they are adequately capitalized, market securities appropriate to
the City's needs, and are recommended by managers of portfolios similar to the City's. The City's
Broker/Dealer Questionnaire (Attachment A) will be used in this investigation,
The City shall at least annually send a copy of the current investment policy to all dealers approved
to do business with the City. Confirmation of receipt of this policy shall be considered as evidence
that the dealer understands the City's investment policies, and intends to show the City only
appropriate inyestments,
I~~t Revised: Julv. 2004
\City of Temecula
INVESTMENT POLICY
Page 4/
I AUTHORIZED INVESTMENTS: I
Investments shall be made in the context of the "prudent investor" rule, which states:
"Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering
the probable safety of their capital as well as the probable income to be derived."
The City is further governed by the California Government Code, Sections 53600 et seq. Within the
context of these limitations, the following investments are authorized, as further limited herein:
United States TfeaSUry Bills, Bonds, and Notes. or those for which the full faith and
credit of the United States are oledaed for oavment of orincioal and interest. There is
no limitation as to the percentage of the portfolio that can be invested in this category,
Maturity is not to exceed the projected dates of the City's cash needs or five years,
whichever is less.
Obliaations issued bv the Federal Farm Credit Bank System (FFCB), the Federal Home
Loan Bank Board (FHLB), the Federal Home Loan Mortaaae Corooration (FHLMC), the
Federal National Mortaaae Association (FNMA). and other United States aaencv
obliaations with maturities of five years or less. Although there is no percentage
limitation on the dollar amount that can be invested in these issues, the "prudent investor"
rule shall apply for a single agency name. Maturity is not to exceed the projected dates of
the City's cash needs or five years, whichever is less.
Bills of exchanae or time drafts drawn on and acceoted bv a commercial bank,
otherwise known as banker's acceotances. Banker's acceptances purchased may not
exceed 180 days to maturity or 40% of the market value of the portfolio. No more than 10%
of the market value of the portfolio may be invested in banker's acceptances issued by any
one bank.
Commercial oaoer rankina of the hiahest letter and number ratina bv a nationally
recoanized statistical fatina oraanization (NRSRO), and issued bv a domestic
corooration havina assets in excess of $500,000,000 and havina an "A-1" or better
ratina on its lona-term debentures as orovided bv a NRSRO. Purchases of eligible
commercial paper may not exceed 15% of the market value of the portfolio. No more than
10% of the market value of the portfolio may be invested in commercial paper issued by any
one corporation. The City may invest in no more than 10% of a single corporation. The City
may invest in no more than 10% of a single corporation's commercial paper. Maturity is not
to exceed 180 days,
Neaotiable certificates of deoosit issued bv nationallv or state-chartered banks or
state or federal savinas and loan associations. Negotiable certificates of deposit (NCDs)
differ from other certificates of deposit by their deposit liquidity. They are issued against
funds deposited for specified periods of time and earn specified or variable rates of interest.
NCDs are traded actively in secondary markets. When feasible, an independent trading
service will be used as part of the evaluation process. Issuers must be rated "B" or better by
Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard &
Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency.
Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect
immediately after any such investment is made.
Last Revised: July, 2004
Icily of Temecula
INVESTMENT POLICY
Page 51
Repurchase Aareements. The City may invest in repurchase agreements with banks and
dealers with which the City has entered into a master repurchase agreement which specifies
terms and conditions of repurchase agreements, Transactions shall be limited to the
primary dealers and the top banking institutions according to the rating agency based on
liquidity, profitability, and financial strength. The maturity of repurchase agreements shall
not exceed 30 days. The market value of securities used as collateral for repurchase
agreements shall be monitored daily by the investment staff and will not be allowed to fall
below 102% of the value of the repurchase agreement plus the value of collateral in excess
of the value of the repurchase agreement. In order to conform with provisions of the Federal
Bankruptcy Code which provide for the liquidation of securities held as collateral for
. repurchase agreements, the only securities acceptable as collateral shall be certificates of
deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are
fully guaranteed as to principal and interest by, the United States or any agency of the
United States. No more than 50% of the portfolio may be invested in repurchase
agreements, and a "perfected security interest" shall always be maintained in the securities
subject to a repurchase agreement.
Local Aaency Investment Fund. The City may invest in the Local Agency Investment
Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the
maximum permitted by State law.
Time Deposits. The City may invest in non-negotiable time deposits collateralized in
accordance with the California Government Code, in those banks and savings and loan
associations that meet the requirements for investment in negotiable certificates of deposit.
Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this
category. The issuer firm should have been in existence for at least five years. The City
may waive the first $100,000 of collateral security for such deposits if the institution is
insured pursuant to federal law. In order to secure the uninsured portions of such deposits,
an institution shall maintain at least 10% in excess of the total amount deposited. Real
estate mortgages may not be accepted as collateral. The maximum term for deposits shall
be one year. In general, the issuer must have a minimum 6% net worth to assets ratio orthe
minimum ratio established by the Comptroller of the Currency. The issuer's operation must
have been profitable during their last reporting period.
Monev Market Funds. The City may invest in money market funds that invest solely in U.S.
Treasuries, obligations of the U.S, Treasury, and repurchase agreements relating to such
treasury obligations. To be eligible, companies selling money market funds must have an
inyestment advisor with not less than five years experience and that is registered with the
SEC, has the highest ranking available as evaluated by a nationally recognized rating
service, and with assets in excess of $500 million.
This list of authorized investments is intended to apply to the investment of all operating and surplus
funds. The investment of bond proceeds shall be governed by the permitted inyestments as
specified in the official statement for each bond issue.
I INELIGIBLE INVESTMENTS:. I
Investments not described herein, including, but not limited to, reverse repurchase agreements,
mutual funds, zero coupon bonds, inverse floaters, mortgage-derived securities, common stocks
and corporate notes and bonds are prohibited from use in the City's investment portfolio.
Last Revised: July, 2004
!city of Temecula
INVESTMENT POLICY
Page 6\
I SWAPPING OFSEC(JRITIES: I
A swap is the movement from one security to another and may be done for a variety of reasons,
such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment
quality. The purchase transaction and the sale transaction must each be recorded separately and
any losses or gains on the sale must be recorded.
I PORTFOLIO ADJUSTMENTS:
Should an investment percentage-of-portfolio limitation be exceeded due to an incident such as
fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses, When no
loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision,
in part, on the expected length of time the portfolio will be unbalanced.
I POLICY REVIEW:
This investment policy shall be reviewed at least annually to ensure its consistency with the overall
objectives of preservation of principal, liquidity, and return, and its relevance to current law and
financial and economic trends. The City Council shall be responsible for maintaining guidance over
this investment policy to ensure that the City can adapt readily to changing market conditions, and
shall approve any modification to the investment policy prior to implementation.
I ETHICS AND CONFLICT OFINl'EREST: I
Officers and employees inyolyed in the investment process shall refrain from personal business
activity that conflicts with the proper execution of the investment program or impairs their ability to
make impartial investment decisions. Additionally, officers and staff involved in the investment of
public funds are required to annually file a Fair Political Practices Commission Statement of
Economic Interest form.
Last Revised: Julv. 2004
CITY OF TEMECULA
BrokerlDealer Questionnaire
::,;::W;d+0i:t;:>#-0:"1#:iR2;;:Glliilli"':::
;;FIRII/?f/(f!liRRM,:{j'1'ION.
Firm Name:
Address:
Phone No: (
Firm is (select one): I:J Broker I:J Dealer
REPRESENTA'1'IVE INFORMATION
Sales Representative:
Title:
Phone No:
Supervising Representative:
Title:
Phone No:
BUSINE$SS'1'A'1'USIHIS'1'ORY
Is your firm a primary dealer in U.S. Government securities?
If yes, for how long?
Are the following instruments regularly offered by your firm?
T-Bills
T -Notes/Bonds
Banker's Acceptances (Domestic)
Banker's Acceptances (Foreign)
Commercial Paper
Certificates of Deposit
Medium Term Notes
Mutual Funds (eligible for public investment)
Agencies (please specify)
Have any of your firm's public sector clients sustained a loss on a
securities transaction arising from a misunderstanding or
misrepresentation of the risk characteristics of a financial instrument
that was recommended by and purchased through your firm?
(If yes, please explain on a separate sheet.)
Have any of your firm's public sector clients claimed, in writing,
that your firm was responsible for any investment losses?
(If yes, please explain on a separate sheet,)
Has your firm been subject to any litigation, arbitration or regulatory
proceedings, either pending, adjudicated or settled, that involved
allegations of improper, fraudulent, disreputable or unfair activities
related to the sale of securities or to the purchase of securities from
institutional clients? (If yes, please explain on a separate sheet.)
Has your firm been subject to a regulatory, state or federal agency
investigation for alleged improper, fraudulent, disreputable, or
unfair activities related to the urchase or sale of securities?
YES NO
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
(If yes, please explain on a separate sheet,) 0 0
What is the net capitalization of your firm?
What are your wire and delivery instructions?
TRADING PERSONNEL
Please identify all personnel who will be trading with or quoting levels to the City of Temecula:
NAME: TITLE: PHONE: # YRS W/ FIRM
Do each of the above individuals currently hold valid licenses to YES NO
trade securities on behalf of the institution? 0 0
... ....... REfERENCES
Please identify your most closely comparable governmental local agency clients in our
geographical area:
AGENCY: CONTACT: PHONE: # YRS CLIENT
i CERTIFICAtioN
I hereby certify that I have personally read the City of Temecula's Investment Policy and the
California Government Codes pertaining to the investments of the City of Temecula, and have
implemented reasonable procedures and a system of controls designed to preclude imprudent
investment activities arising out of transactions conducted between our firm and the City of
Temecula's investment objectives, strategies and risk constraints whenever we are so advised.
We pledge to exercise due diligence in informing the City Treasurer staff of all foreseeable
risks associated with financial transactions conducted with our firm, We further pledge not to
offer the City of T emecula any types of securities not authorized by both the City of
Temecula's Investment Policy and California Law. I attest to the accuracy of our responses to
your questionnaire.
Additionally, all sales personnel will be routinely informed of your investment objectives,
horizon, outlook, strategies, and risk constraints whenever we are so advised. We will notify
you immediately by telephone and in writing in the event of material adverse change in our
financial condition, The supervising officer agrees to exercise due diligence in monitoring the
activities of other officers and subordinate staff members engaged in transaction with the City
of Temecula,
SIGNED:
PRINTED NAME:
TITLE:
DATED:
This section must be countersigned by the Managing Director or by the most senior person in
charge of the government securities operations sections,
SIGNED:
PRINTED NAME:
TITLE:
DATED:
ITEM 5
APPROVAL
CITY ATTORNEY --uJPL?~
DIRECTOR OF FWE pfL.
CITY MANAGER . .
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Genie Roberts, Director of Finance
DATE: July 26,2005
SUBJECT: Infrastructure Funding Agreement for SR79 Improvements
PREPARED BY:
Polly von Richter, Senior Debt Analyst ~
RECOMMENDATION: That the City Council approve the Infrastructure Funding Agreement
between the City of Temecula and the County of Riverside that allows the County's Assessment
District 159 funds to be used for SR 79 improvements.
BACKGROUND: The County of Riverside formed Assessment District 159 to finance, in part,
improvements to State Highway 79 South, These improvements are located within the
jurisdictional boundaries of the City.
On May 13, 2003, the City and the County entered into an agreement entitled "Redhawk
Annexation Agreement No. 1 between the County of Riverside and the City of Temecula
(Historic Preservation and Sales Tax Allocation" that provides for the County to pay the City
$2,100,000.00 from the proceeds of AD 159 for the 798 Median Project or other project
benefiting the 79S corridor.
Construction of the improvements are currently under way and the City has submitted to the
County reimbursement requests totaling $401,649.07. The requested reimbursements will not
occur until this Funding Agreement is executed.
The Infrastructure Funding Agreement sets forth the guidelines for creation and maintenance of
accounts, reimbursement request submittals, and payment of reimbursement requests. The
execution of this agreement will enable the County to proceed with our pending reimbursement
requests and process subsequent requests without delay.
FISCAL IMPACT: $2,100,000 of the AD 159 proceeds are programmed for the State Route
79S Median project. This agreement will allow the City to seek reimbursement for these funds
as costs are incurred.
ATTACHMENTS:
Infrastructure Funding Agreement
R:\Agendas\Staff Report. SA79 Infrastructure Funding Agmt.doc
INFRASTRUCTURE FUNDING
AGREEMENT
THIS INFRASTRUCTURE FUNDING AGREEMENT (hereinafter, the
"Funding Agreement") is made and entered into as of the 1st day of August, 2005, by and
between the County of Riverside, a political subdivision of the State of California
(hereinafter the "County"), on behalf of itself and Assessment District No. 159 Rancho
Villages of the County and Assessment District No. 159 Supplementa] (Rancho Villages)
of the County, and the City of Temecula, an incorporated municipality (hereinafter the
"City") (each a "Party," or collective]y, the "Parties")
RECITALS
WHEREAS, the Board of Supervisors (the "Board of Supervisors") of the
County pursuant to the provisions of the Municipal Improvement Act of 1913, being
Division 12 (commencing with Section 10000) of the Streets and Highways Code of the
State of California (respectively, the "1913 Act" and the "Code"), established Assessment
District No. 159 (Rancho Villages) of the County of Riverside (the "Original District")
and directed pursuant to Section 3114 of the Code that a Notice of Assessment Lien be
recorded against all parcels within the boundaries of the Original District in the amount
of $77,535,514.82 (the "Original Assessment Lien") and said Notice was recorded on
July 17, 1988; and,
WHEREAS, the Board of Supervisors by Resolution No. 2003-253 ordered
changes in the work to be financed under the Original Assessment Lien and reduced the
assessment liens on identified parcels in an aggregate amount of $5,936,101.93 and an
Amended Notice of Assessment Lien was recorded on August 27, 2003; and,
WHEREAS, the Board of Supervisors pursuant to the provisions of the 1913 Act
established Assessment District No. 159 Supplemental (Rancho Villages) of the County
of Riverside (the "Supplemental District", and collectively with the Original District, the
"Assessment Districts") and directed pursuant to Section 3114 of the Code that a Notice
of Assessment Lien be recorded against all parcels within the boundaries of the
Supplemental District in the amount of $79,316,598.52 (the "Supplemental Assessment
Lien") and the lien was recorded on November 18, 1991; and,
WHEREAS, the Board of Supervisors by Resolution No. 2003-254 ordered
changes in the work to be financed under the Supplemental Assessment Lien and reduced
the assessment liens on identified parcels in an aggregate amount of $36,535,441.07; an
Amended Notice of Assessment Lien was recorded on August 27,2003; and,
WHEREAS, the boundaries of the Original District and the Supplemental
District are co-terminus; and,
AD No. 159 - Funding Agr. Hwy 79 South
WHEREAS, as to the Original District and the related special assessments
authorized to be levied on the property therein, the Board of Supervisors, pursuant to the
Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of
the Code (the "1915 Act"), has caused four series of limited obligation improvement
bonds to be sold and issued representing $71,599,412.89 of the authorized bonded
indebtedness secured by the Original Assessment Lien (Series A, issued on December 22,
1988, in the aggregate principal amount of $6,196,153.59; Series B, issued on August 24,
1989, in the aggregate principal amount of $36,554,302.11; Series C, issued on March
18, 1992, in the aggregate principal amount of $25,146,171.00; Series D, issued on
August 21, 2003 in the aggregate principal amount of $1,715,000.00 (the "Series D
Bonds"); and cash collections during the statutory prepayment periods and cost of work
in-kind totaling $1,987,786.19) that leaves the Original District with no balance of
authorized, but unused, bonding capacity; and,
WHEREAS, as to the Supplemental District and the related special assessments
authorized to be levied on the property therein, the Board of Supervisors, pursuant to the
1915 Act, has caused three series of limited obligation improvement bonds to be sold and
issued representing $40,764,311.49 of the authorized bonded indebtedness secured by the
Supplement Assessment Lien (Series A, issued on August 9, 1994, in the aggregate
principal amount of $29,532,229.41; Series B, issued on December 19, 2000, in the
aggregate principal amount of $780,000; Series C, issued on August 21, 2003, in the
aggregate principal amount of $2,835,000.00 (the "Series C Bonds"); and cash collections
during the statutory prepayment periods totaling $7,617,082.08) that leaves the
Supplement District with a balance of authorized, but unused, bonding capacity in the
amount of $2,016,845.96; and,
WHEREAS, the County has issued the Series D Bonds relating to the Original
District and the Series C Bonds relating to the Supplemental District (collectively, the
"Bonds") in an aggregate principal amount of $4,550,000, the proceeds of which allow a
combined amount of $3,831,812.52 to be deposited into the respective Improvement
Funds established for the Series D and Series C Bonds by the respective Fiscal Agent
Agreements (the "Fiscal Agent Agreements"), each dated as of August 1,2003, by and
between the County and U.S. Bank Trust National Association, as fiscal agent (the
"Fiscal Agent"); and,
WHEREAS, the County, on behalf of the Assessments Districts, has received as
prepayments during the statutory cash collection period for the Series D Bonds for the
Original District and the Series C Bonds for the Supplemental District combined amounts
that total $6,668,234.49 of which a total of $6,395,956.37 has been deposited into the
Improvement Funds for the Series D and Series C Bonds, pro rata as determined by the
"Assessment Engineer" (A]bert A. Webb Associates) for the Assessment Districts; and,
WHEREAS, the Original Bonds, the Supplemental Bonds and their respective
related cash collections were issued and received to finance, in part, two additional lanes
to State Highway 79 South (the "Highway") and other improvements to the Highway
AD No. 159 - Funding Agr. Hwy 79 South
2
resulting from changes to the configuration and construction required by the California
Department of Transportation ("CaItrans") between Butterfield State Road to a point
approximately 1,300 feet west of Interstate IS within Caltrans' right-of-way (the
"Highway Improvements"); and,
WHEREAS, the Highway Improvements are located within the jurisdictional
boundaries ofthe City; and,
WHEREAS, CaItrans by recordation on February 7, 2005 of the California
Transportation Commission's certified resolution, adopted on January 20, 2005 and
entitled "Relinquishment of Highway Right of Way in the City of Temecu]a, Road 8-
RIV-79-PM 2.5/4.5 & 15.6/19/4, Request No. 445R," as Document No. 2005-0105095 in
the Office of the Riverside County Clerk-Assessor-Recorder, has transferred to the City
all of the State's right, title, and interest in the portion of the Highway described therein,
which generally is described as those portions of the Highway lying within the
boundaries of the City; and,
WHEREAS, the County and the City have entered into an agreement entitled
"Redhawk Annexation Agreement No.1 between the County of Riverside and the City of
Temecula (Historic Preservation and Sales Tax Allocation)" dated and effective as of
May 13,2003 (the "Annexation Agreement"), that provides in Paragraph 5.a. as follows:
a. County shall pay to the city the sum of two million one
hundred thousand ($2,100,000,00) from the proceeds of bonds issued by
Assessment District No. 159 [i.e., the Assessment Districts]. The City
shall use such funds for the Highway 79 South Median Project or another
public works projects benefiting the Highway 79 South corridor; and,
WHEREAS, Section 10010 of the Code provides that public improvements and
works that have been ordered to be constructed may also be acquired if the public
improvement or work was not in existence at the time the resolution of intention was
adopted, the improvement has been constructed as if it had been constructed under the
direction and supervision or under the authority of the receiving public entity, and the
public improvement or work has not been accepted by the receiving public entity into its
maintained system; and,
WHEREAS, the parties to this Funding Agreement desire to specify the
conditions under which the County will cause $2,100,000 to be paid over to the City to
reimburse it for costs incurred for the Highway Improvements; and,
WHEREAS, the City Engineer (as this term is defined in Section 2, below) has
presented to the Special District Administrator (as this term is defined in Section 1,
below) a Reimbursement Request (as this term is defined in Section 2, below) dated July
21,2004 for the amount of $133,374.81 and a Reimbursement Request dated January 31,
2005 for the amount of $268,274.26 (collectively, the "Submitted Reimbursement
AD No. 159 - Funding Agr. Hwy 79 South
3
Requests") the processmg of which will not occur until this Funding Agreement IS
executed;
NOW, THEREFORE, for and in consideration of the mutual promises contained
herein, the Parties hereto do hereby agree as follows:
Section 1. Creation of Hil!hwav Improvement Sub-Accounts. Promptly
after the Parties' execution of this Funding Agreement, the Special District Administrator
for the County (the County Executive Officer, or his/her designee) (the "Special District
Administrator") will direct the Fiscal Agent to establish a "Highway Improvement Sub-
Account" in each of the Improvement Funds (each a "Sub-Account" or collective]y the
"Sub-Accounts") for the Bonds and cause to be deposited into each Sub-Account an
amount when combined with the other will total $2,100,000. The amount to be deposited
in each Sub-Account is to be determined by the Assessment Engineer.
Section 2. Reimbursement ReQuest Submittal Process. The Director of
Public Works for the City, or his/her designee, (the "City Engineer") will cause to be
submitted to the Special District Administrator, one or more requests for reimbursement
(each, a "Reimbursement Request"), each of which will identify the design, engineering
and construction costs that have been incurred by the City for the Highway
Improvements subject to such Reimbursement Request with sufficient supporting
documentation to justify the costs itemized. The Special District Administrator will
review each Reimbursement Request to determine that the improvements and their
itemized costs are consistent with the Highway Improvements for which the proceeds of
the Bonds are authorized to be expended. If there are any questionable costs, the Special
District Administrator will notify the City Engineer in writing within thirty (30) days of
the date of submission of the applicab]e Reimbursement Request. As to the Submitted
Reimbursement Requests, the County will provide the City with any written comments
within thirty (30) days of the Effective Date (August 1,2005) of this Funding Agreement
Section 3. Pavment of Reimbursement ReQuests. Any approved
Reimbursement Request shall be submitted by the County to the Fiscal Agent for
payment within sixty (60) days of the date of the City's submission of such
Reimbursement Request to the Special District Administrator, and the Special District
Administrator will direct the Fiscal Agent to make the payment from one or both of the
Sub-Accounts to the City. Within sixty (60) days of the Effective Date of this Funding
Agreement, any Submitted Reimbursement Request approved pursuant to Section 2
hereof will be submitted by the County to the Fiscal Agent for payment to the City. The
Special District Administrator will continue to process the Reimbursement Requests until
the authorized dollar amounts for all Reimbursement Requests approved for payment
total $2,100,000. At the written request of the City Engineer, the Special District
Administrator will provic;ie within five (5) business days of the receipt of the written
request, an accounting of the total dollars that have been paid from the Sub-Accounts and
the balance remaining in the Sub-Accounts to be applied toward the obligation regarding
the Highway Improvements.
AD No. 159 - Funding Agr. Hwy 79 South
4
Section 4. Representations, Warranties, and Covenants of the Countv.
The County hereby represents, warrants, and covenants to the City that:
(a) Due Organization Existence and Authority. The County is a
political subdivision duly organized and validly existing under the Constitution and laws
of the State of California (the "State"). Each of the Assessment Districts is an assessment
district duly formed by the County and validly existing under the laws of the State. The
County has full right, power and authority to execute, deliver and perform its obligations
under this Funding Agreement and to carry out and consummate the transactions
contemplated thereby.
(b) Due Authorization and ADDroval. By all necessary official action
of the County, the County has duly authorized and approved the execution and delivery
of, and the performance by the County of the obligations contained in, this Funding
Agreement, and as of the date hereof, such authorizations and approvals are in full force
and effect and have not been amended, modified or rescinded. When executed and
delivered, this Funding Agreement will constitute the ]egally valid and binding obligation
of the County enforceable in accordance with its terms, except as enforcement may be
limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or
transfer or similar laws or equitable principles relating to or affecting creditors' rights
generally. Each of the Fiscal Agent Agreements constitutes the ]egally valid and binding
obligation of the County, enforceable in accordance with their respective terms, except as
enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium,
fraudulent conveyance or transfer or similar laws or equitable principles relating to or
affecting creditors' rights generally.
(c) No Litigation. As of the date hereof, no action, suit, proceeding,
inquiry or investigation, at law or in equity, before or by any court, government agency,
public board or body, is pending and served on the County or, to the best knowledge of
the County, threatened (i) in any way questioning the existence of the County or the titles
of the officers of the County to their respective offices; (ii) affecting, contesting or
seeking to prohibit, restrain or enjoin the payment or collection of any amounts pledged
or to be pledged to pay the principal of and interest on the Bonds, or in any way
contesting or affecting the validity of the Bonds or either Fiscal Agent Agreement or the
consummation of the transactions contemplated thereby, or contesting the exclusion of
the interest on the Bonds from taxation or contesting the powers of the County and its
authority to pledge the special assessments secured by the Original Assessment Lien and
the Supplemental Assessment Lien to the payment of principal and interest on the Bonds;
(iii) which may result in any change with respect to the County which would materially
adversel y affect the County's performance under the Fiscal Agent Agreements or this
Funding Agreement; or (iv) contesting the completeness or accuracy of the Official
Statement(s) relating to the Bonds, or any of them, or any supplement or amendment
thereto (collectively, the "Official Statement") or asserting that the Official Statement
contained any untrue statement of a material fact or omitted to state a material fact
necessary to make the statements therein, in the light of the circumstances under which
they were made, not misleading, and there is no basis for any action, suit, proceeding,
inquiry or investigation of the nature described in clauses (i) through (iv) of this sentence.
AD No. 159 - Funding Agr. Hwy 79 South
5
(d) No Breach or Default. As of the date hereof, the County is not and
will not be, in any respect material to the transactions referred to herein or contemplated
hereby, in breach of or in default under any applicable constitutional provision, law or
administrative rule or regulation of the State or the United States, or of any department,
division, agency, or instrumentality of either thereof, or any applicable judgment or
decree or any trust agreement, loan agreement, bond, note, resolution, ordinance,
agreement or other instrument to which the County is a party or is otherwise subject, as
applicable, and no event has occurred and is continuing which, with the passage of time
or the giving of notice, or both, would constitute a default or event of default under any
such instrument which breach or default would materially adversely affect the security of
the Bonds, the County's performance under this Funding Agreement or the Fiscal Agent
Agreements, as applicable, or any transactions contemplated thereby; and the
authorization, execution and delivery of this Funding Agreement, and compliance with
the provisions of thereof, do not and will not conflict with or constitute a breach of or
default under either of the Fiscal Agent Agreements, the Official Statement, any
applicable constitutional provision, law or administrative rule or regulation of the State of
the United States, or of any department, division, agency, or instrumentality of either
thereof, or any applicable judgment, decree, license, permit, trust agreement, loan
agreement, bond, note, resolution, ordinance, agreement or other instrument to which the
County (or any of its officers in their respective capacities as such) is subject, or by
which it or any of its properties is bound,
(e) Use of Proceeds. The County has applied or will apply, or cause to
be applied, the proceeds of the Bonds in accordance with the applicable Fiscal Agent
Agreement and as described in the Official Statement.
(f) Tax-Exempt Status of Bonds. The County has been in compliance,
and will comply, with the Internal Revenue Code of 1986, as amended, in order to
maintain the tax -exempt status of the outstanding Bonds.
Section 5. Representations, Warranties, and Covenants of the
Citv. The City hereby represents, warrants, and covenants to the County that:
(a) Due Organization Existence and Authority. The City is a political
subdivision duly organized and validly existing under the Constitution and laws of the
State of California (the "State"). The City has full right, power and authority to execute,
deliver and perform its obligations under this Funding Agreement and to carry out and
consummate the transactions contemplated thereby.
(b) Due Authorization and Approval. By all necessary official action
of the City, the City has duly authorized and approved the execution and delivery of, and
the performance by the City of the obligations contained in, this Funding Agreement, and
as of the date hereof, such authorizations and approvals are in full force and effect and
have not been amended, modified or rescinded. When executed and delivered, this
Funding Agreement will constitute the ]egally valid and binding obligation of the City
enforceable in accordance with its terms, except as enforcement may be limited by
AD No. 159 - Funding Agr. Hwy 79 South
6
bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or transfer or
similar laws or equitable principles relating to or affecting creditors' rights generally.
(c) No Litigation. As of the date hereof, no action, suit, proceeding,
inquiry or investigation, at law or in equity, before or by any court, government agency,
public board or body, is pending and served on the City or, to the best knowledge of the
City, threatened (i) in any way questioning the existence of the City or the titles of the
officers of the City to their respective offices; (ii) which may result in any change with
respect to the City which would materially adversely affect the City's performance under
this Funding Agreement; or (iii) there is no basis for any action, suit, proceeding, inquiry
or investigation of the nature described in clauses (i) and (ii) of this sentence.
(d) No Breach or Default. As of the date hereof, the City is not and
will not be, in any respect material to the transactions referred to herein or contemplated
hereby, in breach of or in default under any applicable constitutional provision, law or
administrative rule or regulation of the State or the United States, or of any department,
division, agency, or instrumentality of either thereof, or any applicable judgment or
decree or any trust agreement, loan agreement, bond, note, resolution, ordinance,
agreement or other instrument to which the City is a party or is otherwise subject, as
applicab]e, and no event has occurred and is continuing which, with the passage of time
or the giving of notice, or both, would constitute a default or event of default under any
such instrument which breach or default would materially adversely affect the City's
performance under this Funding Agreement or any transactions contemplated thereby;
and the authorization, execution and delivery of this Funding Agreement, and compliance
with the provisions of thereof, do not and will not conflict with or constitute a breach of
or default under any app]icable constitutional provision, law or administrative rule or
regulation of the State or the United States, or of any department, division, agency, or
instrumentality of either thereof, or any applicable judgment, decree, license, permit, trust
agreement, loan agreement, bond, note, resolution, ordinance, agreement or other
instrument to which the City (or any of its officers in their respective capacities as such)
is subject, or by which it or any of its properties is bound.
(e) CEQA Compliance. The City represents and warrants that, to the
extent required thereunder, it has taken all actions necessary and has complied with the
California Environmental Quality Act (California Public Resources Code Sections 21000
et seq.) ("CEQA") to allow for the construction of the Highway Improvements.
Section 6. Indemnification. The City agrees to protect, indemnify, defend
and hold the County, its respective directors, officers, Board of Supervisors, elected
officials, employees, representatives and agents, and each of them (the "County
Indemnified Parties"), harmless from and against any and all claims, losses, expenses,
suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs
which the County Indemnified Parties, or any combination thereof, may suffer or which
may be sought against or recovered or obtained from the County Indemnified Parties or
any combination thereof, as a result of, by reason of, arising out of, or in consequence of
(a) the design, engineering and construction of the Highway Improvements, (b) any act or
omission of the City or any of its contractors, or their respective officers, employees or
AD No. 159 - Funding Agr. Hwy 79 South
7
agents, in connection with the design, engineering and construction of the Highway
Improvements, (c) the City's expenditure of any monies funded by the County to the City
pursuant to this Funding Agreement for any purpose other than a design, engineering, or
construction cost incurred by the City for a Highway Improvement, or (d) the breach of
any representation, warranty, or covenant of the City set forth in Section 5 herein. If the
City fails to do so, the County Indemnified Parties, or any combination thereof, shall
have the right, but not the obligation, to defend the same and charge all of the direct or
incidental costs of such defense, including reasonable attorneys fees or court costs, to and
recover the same from the City.
No indemnification is required to be paid by the City for any claim, loss or
expense arising from the willful misconduct or sole and active negligence of the County
Indemnified Parties, or combination thereof.
The County agrees to protect, indemnify, defend and hold the City, its respective
directors, officers, City Council, elected officials, employees, representatives and agents,
and each of them (the "City Indemnified Parties"), harmless from and against any and all
claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's
fees, and court costs which the City Indemnified Parties, or any combination thereof, may
suffer or which may be sought against or recovered or obtained from the City
Indemnified Parties or any combination thereof, as a result of, by reason of, arising out
of, or in consequence of (a) the breach of any representation, warranty, or covenant of the
County set forth in Section 4 herein or (b) the County's failure to comply with the
provisions of Sections 1,2, or 3 herein. If the County fails to do so, the City Indemnified
Parties, or any combination thereof, shall have the right, but not the obligation, to defend
the same and charge all of the direct or incidental costs of such defense, including
reasonable attorneys fees or court costs, to and recover the same from the County.
The provisions of this Section shall survive the termination of this Funding
Agreement.
Section7. Bindin!!: on Successors and Assil!:l1s. Neither this Funding
Agreement nor the duties and obligations of Parties hereunder may be assigned to any
person or legal entity other than legal successor of a Party without the written consent of
the other Party, which consent shall not be unreasonably withheld or delayed. The
agreements and covenants included herein shall be binding on and inure to the benefit of
the successors-in-interest of the Parties hereto.
Section 8. Amendments. This Funding Agreement can only be amended by
an instrument in writing executed and deli vered by the Parties.
Section 9. Waivers. No waiver of, or consent with respect to, any provision
of this Funding Agreement by either Party hereto shall in any event be effective unless
the same shall be in writing and signed by the other Party, and then such waiver or
consent shall be effective only in the specific instance and for the specific purpose for
which it was given.
AD No. 159 - Funding Agr. Hwy 79 South
8
Section 10. No Third Party Beneficiaries. No person or entity shall be
deemed to be a third party beneficiary hereof, and nothing in this Funding Agreement
(either express or implied) is intended to confer upon any person or entity, other than the
Parties (and their respective successors and assigns), any rights, remedies, obligations or
liabilities under or by reason of this Funding Agreement.
Section 11. Notices. Any written notice, statement, demand, consent,
approval, authorization, offer, designation, request or other communication to be given
hereunder shall be given to the Party entitled thereto at its address set forth be]ow, or at
such other address as such Party may provide to the other party in writing from time to
time, namely:
County:
County Executive Office
County of Riverside
Attn: Special Districts Administrator
4080 Lemon Street, 4th
Riverside, California 92501
Telephone: (951) 955-1100
Fax: (951) 955-1105
City:
Director of Public Works
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Te]ephone: (951) 694-6411
Fax: (951) 694-6475
Each such notice, statement, demand, consent, approval, authorization, offer,
designation, request or other communication hereunder shall be deemed delivered to the
Party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if
given by electronic communication, whether by telex, telegram or te]ecopier, upon the
sender's receipt of a document confirming satisfactory transmission, (c) if given by
registered or certified mail, return receipt requested, deposited with the United States
mail postage prepaid, 72 hours after such notice is deposited with the United States mail,
(d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to
said overnight courier, or (e) if given by any other means, upon delivery at the address
specified in this Section.
Section 12. Jurisdiction and Venue. Each of the Parties (a) agrees that any
suit action or other legal proceeding arising out of or relating to this Funding Agreement
shall be brought in state or local court in the County of Ri verside or in the Courts of the
United States of America in the district in which said County is located, (b) consents to
the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any
objection that it may have to the laying of venue or any suit, action or proceeding in any
of such courts and any claim that any such suit, action or proceeding has been brought in
an inconvenient forum. Each of the Parties agrees that a final and non-appealable
AD No. ]59 - Funding Agr. Hwy 79 South
9
judgment in any such action or proceeding shall be conclusive and may be enforced in
other jurisdictions by suit on the judgment or in any other manner provided by law.
Section 13. Attornevs' Fees. If any action is instituted to interpret or enforce
any of the provisions of this Funding Agreement, the Party prevailing in such action shall
be entitled to recover from the other Party thereto reasonable attorney's fees and costs of
such suit (including both prejudgment and post judgment fees and costs) as determined
by the court as part of the judgment.
Section 14. Governine Law. This Funding Agreement and any dispute arising
hereunder shall be governed by and interpreted in accordance with the laws of the State.
Section 15. Usaee of Words. As used herein, the singular of any word
includes the plural, and terms in the masculine gender shall include the feminine.
Section 16. Counterparts. This Funding Agreement may be executed In
counterparts, each of which shall be deemed an original.
Section 17. Interpretation. The Parties to this Funding Agreement and their
counsel have reviewed and revised this Funding Agreement, and the norma] rule of
construction to the effect that any ambiguities in an agreement are to be resolved against
the drafting Parties shall not be employed in the interpretation of this Funding
Agreement.
Section 18. Authoritv to Execute. Each of the individuals signing this
agreement on behalf of a Party hereto expressly warrants and represents that he or she has
the authority to execute this Funding Agreement on behalf of said Party and warrants and
represents that he or she has the authority to bind said Party to the performance of its
obligation hereunder.
[Balance of the Page Intentionally Left Blank]
AD No. 159 - Funding Agr. Hwy 79 South
10
IN WITNESS WHEREOF, the Parties hereto have executed this Funding
Agreement as of the day and year first hereinabove written.
COUNTY OF RIVERSIDE
By:
MARION V. ASHLEY
Chairman, Board of Supervisors
ATTEST:
NANCY ROMERO, Clerk to the
Board of Supervisors
By:
Deputy Clerk
APPROVED AS TO FORM:
JOE S. RANK
County Counsel
By:
Deputy County Counsel
CITY OF TEMECULA
ATTEST:
City Clerk
By:
Jeff Comerchero, Mayor
By:
Susan W. Jones, CMC
APPROVED AS TO FORM:
City Attorney
By:
Peter Thorson
AD No. 159 - Funding Agr. Hwy 79 South
II
ITEM 6
APPROVAL
CITY ATTORNEY -t'O.P~
DIRECTOR OF F~ ~
CITY MANAGER .
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Genie Roberts, Director of Finance
DATE: July 26, 2005
SUBJECT: Professional Services Agreement for Annual Administration of CFDs/AD
PREPARED BY:
Polly von Richter, Senior Debt Analyst ~
RECOMMENDATION: That the City Council approve a one-year professional services
agreement with Canty Engineering Group, Inc. in the amount of $58,500 for debt service
administration for the City's Community Facilities Districts and Assessment District for Fiscal
Year 2005/2006 and Weed Abatement Program administration for Fiscal Years 2004/2005.
BACKGROUND: The City of Temecula has five (5) existing Community Facilities Districts and
one (1) Assessment District:
. CFD 88-12 (Ynez Corridor)
. CFD 01-2 (Harveston)
. CFD 03-1 (Crowne Hill)
.
CFD 03-3 (Wolf Creek)
CFD 03-6 (Harveston II)
AD 03-4 (John Warner Road)
.
.
Among the services provided by Canty Engineering Group, Inc., as special tax consultant, are
calculation of special tax levy, public contact, delinquency management, disclosure and
reporting, and calculation of sales tax reimbursements to property owners (in CFD 88-12). The
staff at Canty Engineering Group, Inc. is familiar with the parameters of each of the City's
districts and is committed to providing us the best possible service.
Additionally, Canty Engineering Group, Inc. will provide services related to the weed abatement
program including prior year lien reconciliation, data collection, lien recordation, levy submittal,
public contact and delinquency management.
It is staff's recommendation that the council approve a one-year professional services
agreement with Canty Engineering Group, Inc. to provide debt service administration for the
City's Community Facilities Districts and Assessment District and Weed Abatement Program
administration.
FISCAL IMPACT: The total amount of the contract is $58,500. Funds for the administration of
special districts are included in the annual special tax levies for each of the Districts. Sufficient
funds for the administration of the Weed Abatement Program have been budgeted through the
Planning Department.
ATTACHMENTS:
Agreement for Consultant Services with Canty Engineering Group, Inc.
R:\A.gendas\Slaff Report. Canty Contract for 05-06.doc
FIN05-02
AGREEMENT
FOR CONSULTANT SERVICES
BETWEEN THE CITY OF TEMECULA
AND CANTY ENGINEERING
FOR ANNUAL ADMINISTRATION OF CFD'S lAD
AND WEED ABATEMENT ANNUAL LEVY
FISCAL YEAR 2005-2006
THIS AGREEMENT is made and effective as of July 18, 2005 between the City
of Temecula, a municipal corporation ("City") and CANTY ENGINEERING GROUP, 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 July 18, 2005 and shall
remain and continue in effect until tasks described herein are completed, but in no event later
than June 30, 2006 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 time 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. 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-
Eight Thousand Five Hundred Dollars and No Cents ($58,500.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement. Any
additional work in excess of this amount shall be approved by the City Council.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager, Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
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 non-disputed fees. If the City disputes any of consultant's fees it
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;
, ,
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.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the 'Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreernent.
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.
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 for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In
the event that the Consultant fails to cure its default within such period of time, the City shall
have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall perrnit 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 after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
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providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files 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.
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-performance 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, 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 201001 9.
(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.
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. 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.
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(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, ernployees 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 insured's 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 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. 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
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7/18/2005
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.
10. 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 performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. 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 corn ply 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.
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 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.
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13. 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 docurnent 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:
Canty Engineering Group Inc.
2010 Iowa Avenue #110
Riverside, CA 92507
Attn: Leni Zarate
951-212-9589
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, Consultants 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 and the Consultant.
15. 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 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 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 other to enforce its rights under this Agreement, the prevailing party, as
determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation
expenses for the relief granted.
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.
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18. 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.
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 authority to bind
Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
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CONSULTANT
CANTY ENGINEERING GROUP, INC.
ATTN:LENIZARATE
POBOX 52050
RIVERSIDE, CA 92517
PHONE: 951-683-5234/951-212-9589
FAX: 951-683-5301
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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"
EXHIBIT A
TASKS TO BE PERFORMED
All tasks as per the Request for Proposal/Scope of Work provided by the Consultant attached
hereto and i~corporated herein as though set forth in full.
A:\Finance\Purchasing\AgreeementsA-l.05-06\Canty Engineering.FIN05-02
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"
REQUEST FOR,
PROlOF
SPECIAl DISTRiCT'
ADMINISTRATIVE SERVICES
6t:taJ
Submitted by
Leni Zarate & Lee Petroelje
of
CANTY ENGINEERING
July 2005
EEG
Canty Engineering Group, Inc.
CIVI!. EKGII'EERI'IG Pl\'1KI'IG Sl.:RVEYIKG
W\" w.raniyrng..cum
July 15, 2005
Ms. Genie Roberts
Finance Director
City of Temecula
43200 Business Park Drive
Temecula, CA 92589-9033
RE: Proposal for Annual Administration of
The City of Temecula's Special Districts
Dear Ms. Roberts:
We are pleased to submit this proposal for Special District Administrative Services to
the City of Temecula. We belieye that our knowledge and understanding of the City
of Temecula's Assessment District and Community Facilities Districts equips us with
the following attributes, abilities, and insights for annual administration that will
distinguish us from our competitors. As eyidence of our qualifications for this
proposal we ask you to consider the following points:
. Commitment to the Client - We haye provided fonmation and administration
services to the same clientele for over 15 years. Our knowledge and
understanding of development, subdivision mapping, and special
tax/assessment engineering: fonmation, administration, and district
restructuring, equips us with the skills necessary for the ongoing
administration of the City's special districts and are committed to providing
this level of commitment to the City of Temecula .
. Knowledge of Riverside County - We have a reputation for quality
consulting, integrity, creatiyity, and long standing client relationships with key
personal in many departments within the County and local agencies. This
facilitates the timely and cost effective gathering of infonmation, filing and
recordation of maps, diagrams, and notices.
. Industry Leaders in Tackling Troubled and Complex Districts - We have
been repeatedly selected to provide services to assist with the administration
and restructuring of troubled special districts. These districts have faced
problems with political and environrnental issues, litigation, failed foreclosure
sales, and delinquencies. By using a proactive approach, our experience with
troubled districts will help the City prevent or resolve similar problems as well
as effective administering the City's complex districts.
Our proposal is organized into three (3) sections as follows:
. Section 1 - Qualifications
. Section 2 - Scope of Services
. Section 3 - Proposed Compensation
2010 IOW3 Avenue. Suile 110 . Riverside. CA 92507 . 951/683-5234 . Fax 951/683-5301
P. O. Box 52050 . Riverside. CA 92517
If you have any questions regarding this proposal, please feel free to contact either
of us at (951) 212-9589.
Sincerely,
CANTY ENGINEERING
([;')fA- ~1~;1U-Le
Leni Zarate
Principal
~~...
Lee Petroelje \
Principal
SECTION 1
QUALIFICATIONS
Experience
We have demonstrated our extensive experience as district administrators for many
clients. Sorne of these clients are:
.
.
.
.
.
.
City of Temecula
Eastern Municipal Water District
Riverside County Executive Office
Western Municipal Water District
Rancho California Water District
Riverside County Flood Control
.
.
.
.
.
City of Hemet
City of Riverside
City of Indio
City of Ontario
Riverside County EDA
We also provide the following as evident of our experience:
. We have seen districts reach their final maturity and developed creative ways
to structure a district's budget to minimizes the expensive refund process.
. We have worked on several districts that have defaulted or at risk of default.
This experience provides an extensive source of knowledge that few firms
have seen.
. We have been instrumental in workouts, restructuring districts, and
cOllections, ensuring the best outcome for the agency as well as the property
owners.
Individuals Providing Services
The following members of our Special Districts Financing Team have a minimum of
ten years experience in special district financing and administration, Additional
individuals may be added to the project team, as needed, for specific knowledge to
ensure proper support of each project.
. Ms, Leni Zarate, Principal
Direct Line: (951) 212-9589
Email address:leniz@cantyena.com
Ms, Zarate will be the City's primary contact person, She oversees the
annual administration, disclosure services, delinquency management and
formation services. The annual disclosure reporting and dissemination that
Ms. Zarate has coordinated has been recognized as an industry standard.
Ms. Zarate coordinated the special tax consulting services with financing
teams for the issuance of bonds totaling over $350,000,000.
. Mr. Lee Petroelje, Principal
Direct Line: (909) 229-9159
Email address:leep@cantyena.com
Mr. Petroelje provides internal support for annual administration, delinquency
management, and continuing disclosure services. His responsibilities include
interpretation and application of governing codes, rate and method of
apportionments, or method of assessment apportionment to insure accuracy
throughout the annual administrative process. Mr. Petroelje provides
technical and financial background as a key resource for bond issuance
services and creates innovative solutions when structuring land secured
financing districts.
. Mr. John Canty, President
Phone: (951) 683-5234
Email address:iohnc@cantyena.com
Mr. Canty is a Registered Professional CiYil Engineer in the State of
California, His wide range of expertise makes him particularly qualified to
determine benefits to parcels within special districts on an equitable basis.
References
We believe that every individual of the project team must have experience in
managing all aspects of district administration, including but not limited to, annual
enrollment, delinquency management, and continuing disclosure, This system
promotes accuracy, efficiency and cost savings, The following three references are
Agencies to whom we have proYided such services:
Riverside County Executive Office
Dean Deines, Deputy Executive Officer
(951) 955-1127
4080 Lemon Street, 4th Floor
Riverside, CA 92501
Eastern Municipal Water District
Debra Haskell, Special Districts Administrator
(951) 928-3777 ex!. 4540
2270 Trumble Road
Perris, CA 92572
City of Hemet
Bill Pattison, Director of Finance
(951) 765-2331
445 E. Florida AYe,
Hemet, CA 92543
SECTION 2
SCOPE OF WORK
The following is our proposed Scope of Work based upon our prior experience with
similar projects. Services to be provided by CONSULTANT are pursuant to the
governing acts (which are collectively referred to herein as the "Special Districts"):
The following Scope of Work applies to Community Facilities Districts and
Assessment Districts
A. DISTRICT ADMINISTRATIVE SERVICES.
On or before the first Tuesday in August, CONSULTANT will receive from the
CITY staff assigned to administer the Special Districts, information necessary to
create the tax roll application of parcel's annual special tax or special
assessment in a format acceptable to the Auditor/Controller-Recorder. CITY
staff shall approve the requirement for the current fiscal year for each Special
District and CONSULTANT shall apportion the special tax or special
assessment to each parcel within each particular district consistent with the
method of apportionment for each district. The services will consist of the
following components:
1. Assessor Maps and Building Permit Information. CONSULTANT will
maintain current Assessor Parcel Maps for all Special District parcels (if
necessary) and shall update annually, prior to enrollment of the current
year's levy, any information necessary for use in calculating the special tax
or special assessment (Le. building permit, land use classification), and
provide a list of any assessor parcel changes within each district to the
CITY. CONSULTANT shall include in its computer database, development
and land use information for all Special District parcels where development
and land use information is necessary for use in calculation of said special
tax or special assessment. CONSULTANT will verify with CITY the
application of the method of apportionment to insure the proper levy of
parcel's special taxes or special assessments.
2. Debt Service Component. CONSULTANT will help the CITY coordinate
with the Fiscal Agent of each district as necessary to review current debt
service schedules and determine the amount needed to pay principal and
interest on the outstanding bonds or calculate any capitalized interest for the
bond year in question.
3. Administrative Expense Component. CONSULTANT will help the CITY
determine the amount needed to meet the anticipated administrative
expenses for each Special District for the current fiscal year.
4. Reserve Fund. CONSULTANT will help the CITY determine if the Reserve
Fund is anticipated to be funded at an amount below the reserve
requirement and whether the special tax requirement is to include an
amount need to replenish the Reserve Fund.
5. Submittal of Annual Levy. Each fiscal year, CONSULTANT shall prepare all
necessary documents prior to submitting the annual levy for each Special
District in a format and media acceptable for direct submission to the
County Auditor/Controller-Recorder's office prior to the statutory deadline
and shall perform adjustments and corrections to rejected parcels by
resubmitting the levies, as necessary.
6. Direct Billing. CONSULTANT will coordinate the direct billing of certain
parcels, as requested by the CITY, if the parcel is non-taxable pursuant to
Riverside County Taxability Code.
7. Reapportionments. During the period that annual assessment installments
are to be levied for each assessment district, CONSULTANT is to facilitate
the preparation of assessment apportionment applications. CONSULTANT
is to, in a timely manner and pursuant to the applicable statutory provisions,
prepare assessment apportionments, which shall include: a) preparation of
amended assessment diagrams; b) apportioning the assessment to
divided parcels; c) preparation and delivery of the required notice to the
original bond purchaser(s); d) recordation of required notice and amended
assessment diagrams, e) preparation (if necessary) of required disclosure
document, as required by the Department of Real Estate (RE624 Forms).
Services related to reapportionments shall be at the expense of the
requesting party or placed on the tax bill.
8. Primary Contact with Public. CONSULTANT will serve as the initial and
primary contact with the public regarding the levy of the special tax or
special assessment. A toll free telephone number of the Consultant's
designation will appear on the regular property tax billing next to the
particular special tax or special assessment to facilitate contact with the
public. CONSULTANT will provide qualified and competent staff members
to answer taxpayer questions regarding the purpose of the special tax or
special assessment, the facilities constructed and/or maintained by the
Special District, the use of bond proceeds and maturities if bonds have been
issued, and the method of apportionment of the special tax or special
assessment on the property.
9. Assessment District Bond Payoffs. At the request of a landowner,
CONSULTANT will calculate the bond payoff amount for a parcel(s) and
provide any additional information as requested related thereto. Services
related to requests for bond payoff information from parties other than the
CITY or property owner (e.g., real estate agents and title companies) shall
be at the expense of the requesting party. If payment is received,
CONSULTANT will comply with Revenue Taxation Code 163 by preparing
the Release of Lien. CONSULTANT will coordinate with CITY staff to have
a CITY representative sign the Release. CONSULTANT will record the
'.
Release within 5 days of receiving the signed Release and provide a copy
to the CITY.
10. Community Facilities Districts Prepayments. At the request landowners,
CONSULTANT will calculate the prepayment amount for a parcel(s) and
provide any additional information as requested related thereto. Services
related to requests for payoff information from parties other than the CITY or
property owner (e.g., real estate agents and title companies) shall be at the
expense of the requesting party. If payment is received, CONSULTANT will
comply with Revenue Taxation Code 163 by preparing the Release of Lien.
CONSULTANT will coordinate with CITY staff to have a CITY representative
sign the Release. CONSULTANT will record the Release within 5 days of
receiving the signed Release and provide a copy to the CITY.
11. Bond Calls. As a result of excess proceeds and/or prepayments,
CONSULTANT will prepare bond call spreads in accordance with applicable
laws and coordinate with the Fiscal Agent to establish new debt service
requirements.
12.Annual Levy Report. CONSULTANT will prepare an executive summary of
the Continuing Disclosure Report for each Special District. This Report will
summarize the information used to calculate the annual levy for each parcel.
B. MUNICIPAL DISCLOSURE SERVICES.
CONSULTANT is to provide general assistance to the investment community,
as it relates to the following disclosure matters:
1. Enhanced Disclosure. CONSULTANT will review the required enhanced
disclosure agreements for districts formed subsequent to July 1, 1995 to
determine the requirements of continuing disclosure. CONSULTANT will
assist the CITY in the preparation of informational updates, the reporting of
Securities and Exchange Commission Rule 15c2-12(b)(5) significant events,
and for Community Facilities Districts and Marks-Roos Bond Pooling
Districts, providing a report to the California Debt and Investment Advisory
Commission as required annually for bonds issued after January 1, 1993,
and for cases in which CITY utilizes a Reserve Fund to meet a debt service
obligation.
2. Annual Reports. CONSULTANT will prepare, in coordination with CITY,
various annual reports to meet the requirements of continuing disclosure.
Reports may contain information about district status including development
and improvement status, assessed property tax value, tax rate, over-lapping
bonded debt obligations, bond fund balances, portfolio details, delinquency
status, absorption updates, and significant event reporting.
3. Dissemination. CONSULTANT will, at the direction of the CITY, file
required continuing disclosure reports with the Dissemination Agent for the
district. CONSULTANT will post disclosure reports on our and/or the
CITY'S Internet Web site.
4. Secondary Disclosure. At the request of a seller of taxable property within a
special district, CONSULTANT will provide the Notice of Special
AssessmentlTax document, as required by State Law. Services related to
the request for disclosure documents from parties other than the CITY or
property owner (e.g., real estate agents and title companies) shall be at the
expense of the requesting party pursuant to Article 4, Section 53340.2 of the
Government Code.
C. DELINQUENCY MANAGEMENT.
1. Delinquency Policy. CONSULTANT will review and make
recommendations to CITY that any policies established related to the
collection of delinquent special taxes or special assessments are consistent
with the foreclosure covenant and/or with the requirements of the bond
issue for each district.
2. Delinquency History. CONSULTANT will maintain a database that includes
a regularly updated delinquency history of the parcels located in each
district, as derived from the County property tax system. Delinquency
history shall include delinquent amounts for each parcel including penalties
and interest due, reference to those parcels that have been referred to
Foreclosure Counsel, and prior year delinquencies that have been paid.
3. Delinquency Tracking and Reporting. CONSULTANT will research the
records of the County Tax Collector for payment information to determine
which parcels are delinquent after the December 10 and April 10 property
tax installment due dates, after June 30 and prior to the date in which the
CITY is obligated to initiate foreclosure proceedings under the foreclosure
covenant. Delinquency reports will include parcel lists showing the
Assessor Parcel Numbers, property owner and delinquent amount for each
parcel. Reports will be prepared in February, May, July and September to
reflect the delinquency status of parcels after each installment due date, the
end of the fiscal year and prior to the date foreclosure is required by the
foreclosure covenant.
4. Notification to Delinquent Property Owners. At the request of CITY,
CONSULTANT will prepare and mail letters (on CITY letterhead), via first-
class mail, registered return receipt (if request), to property owners at the
times and in the format determined by the delinquency policy.
CONSULTANT will respond to public requests regarding delinquent notices
and shall prepare, as necessary, statements to the requesting party of all
amounts delinquent including penalties, interest, and roll removal fees.
5. Removal from Rolls. CONSULTANT will prepare correspondence to the
Auditor/Controller-Recorder's Office for removal of delinquent special taxes
or assessments from the tax rolls in the event these amounts are paid
directly to the particular district.
6. Foreclosure Coordination. CONSULTANT will assist in preparing
documents submitted to the City Council requesting authorization of
foreclosure action. CONSULTANT will provide delinquent amounts
(including penalty and interest) to Foreclosure Counsel in the event that
foreclosure proceedings are initiated. CONSULTANT will prepare case files
of delinquency data for Foreclosure Counsel and provide technical support
or act as an expert witness on behalf of the CITY and Foreclosure Counsel
as required in the preparation and litigation of foreclosure cases.
7. Direct Payments. CONSULTANT will coordinate direct collections of
individual delinquencies and deposits with the Fiscal Agent, not immediately
referred for foreclosure, as requested by CITY.
8. Payment Plans. CONSULTANT will monitor payment plans established
under the direction of CITY or Foreclosure Counsel and shall report any
collection or missed installment of participant in payment plan.
CONSULTANT shall prepare notification/demand letters pursuant to the
payment plan and authorized schedule, when necessary.
The following Scope of Work applies to Weed Abatement
A. DISTRICT ADMINISTRATIVE SERVICES.
1. Information. CONSULTANT will receive from the City each parcel's charge
for the current fiscal year in one of the following formats: ASCII, Access,
dBase, spreadsheet, or any other Microsoft product.
2. Lien Recordation. CONSULTANT shall prepare the necessary paperwork
to record a lien against properties as provided by the City with the Riverside
County Recorders Office within two weeks of receipt of such information.
3. Annual Levy. CONSULTANT shall use the information provided to prepare
the annual levy for the City in a format and electronic media acceptable for
direct submission to the Auditor-Controller's office and shall adjust and
correct the levies (if necessary) as provided by the City within one week of
the recordation of the lien. CONSULTANT will provide staff with hard copy
of the parcels levied. If corrections/revisions after the deadline are
necessary, CONSULTANT will research and follow staff's direction to recify
the issue.
B. PRIMARY CONTACT WITH PUBLIC.
CONSULTANT can serve as the initial contact with the public regarding the
levy. A telephone number of the CONSULTANT's designation can appear
on the regular property tax bill next to the special tax.
C. DELINQUENCY MANAGEMENT.
1. Delinquency Tracking and Reporting. CONSULTANT will research the
records of the Riverside County Tax Collector for payment information to
determine which parcels are delinquent after the December 10 and April 10
property tax installment due dates. Delinquency reports will include parcel
lists showing the APN, property owner and delinquent amount for each
parcel.
2. Delinquency History. CONSULTANT will maintain a database that includes
a regularly updated delinquency history of the parcels, as derived from the
Riverside County property tax system. Delinquency history shall include
delinquent amounts for each parcel including penalties and interest due,
and prior year delinquencies that have been paid.
3. Notification to Delinquent Property Owners. (Optional at City's direction)
CONSULTANT will prepare and mail letters (on letterhead), via first-class
mail to property owners at the times and in the format determined by the
delinquency policy of the City. CONSULTANT will respond to public
requests regarding delinquency notices and shall prepare, as necessary,
statements to the requesting party all amounts delinquent including
penalties, interest, and roll removal fees.
4. Removal from Rolls. CONSULTANT will prepare correspondence to the
Auditor-Controller's Office for removal of delinquent payment from the tax
rolls in the event these amounts are paid directly to the City.
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Payment Rate & Schedule is as provided by the Consultant attached hereto and incorporated
herein as though set forth in full, but in no event shall total sum of the work exceed $58,500.00
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SECTION 3
PROPOSED COMPENSATION
We strive to provide efficient and cost effective services. We accomplish this by
managing all aspects of district administration, including but not limited to, annual
enrollment, delinquency management, and continuing disclosure. It has been
our policy to establish fair and equitable costs that are all in inclusive (no change
orders or hidden fees). As such we would like to provide you with our proposed
compensation based upon fixed fees for each Special District that includes all
aspects of the enclosed Scope of Services. It is understood that the Consultant
shall procure and maintain insurance policies evidencing coverage for the
duration of the agreement and provide the City with original endorsements before
work commences.
District # District Name Pronosed Fee
AD 03-04 John Warner $8,500
CFD 88-12 Ynez Corridor $6,000
CFD 88-12 Sales Tax $5,000
CFD 01-02 Harveston $10,000
CFD 03-06 Harveston II $5,500
CFD 03-01 Crowne Hill $8,500
CFD 03-03 Wolf Creek $10,000
FY 04/05 Weed Abatement $5,000
TOTALS 58,500
Additionally, we proposed to be compensated for services related to the
preparation of Notices of Special AssessmentlTax pursuant to Article 4, Section
53340.2 of the Government Code. Compensation shall be paid by the
requesting party if other than the property owner or CITY.
Additionally, we proposed to be compensated for assessment apportionments
(when necessary) described in the enclosed Scope of Services. Compensation
shall be based on the following fee schedule and will be paid by the
segregating property.
Number of Newly Divided
or Meraed Parcels Base Fee PLUS Per Parcel Fee Minimum Fee
1 thru 10 $1,250 $50.00 $1,500
11 thru 20 $1,400 $35.00
21 thru 50 $2,200 $15.00
51 thru 100 $3,000 $10.00
101 thru 200 $3,500 $5.00
Exceedina 200 $4,000 $2.50
ITEM 7
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC -
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: July 26,2005
SUBJECT: City Vehicle Maintenance Agreements
PREPARED BY:
Gus Papagolos, Fiscal Services Manager
RECOMMENDATION:
That the City Council:
1) Approve the Maintenance Agreement with Temecula Auto in the amount of $75,000 plus a
10% contingency.
2) Approve the Maintenance Agreement with Old Town Tire in the amount of $50,000 plus a
10% contingency.
DISCUSSION: Vehicle maintenance agreements are needed to service the City's growing fleet
so that appropriate preventive and operational maintenance services are available at all times. This
automotive repair service will include vehicle maintenance, repair and tire service for City trucks,
sedans, vans, and heavy equipment on an as needed basis. Please note that these service
agreements are designed to supersede new vehicle manufacture's warranty services as they expire
and any services that may not be covered under the manufacture's warranty. The reason for a
difference in the amount of these agreements is that T emecula Auto is able to perform a wider variety
of vehicular repairs and as such they will probably receive more repair orders. However, staff will
order repair work from both businesses on an equal basis.
On February 16, 2005, the City invited proposals for vehicle maintenance and tire services from local
automotive repair businesses within reasonable proximity (2 mile radius) to City Hall. The RFP was
mailed to 20 businesses and a site visit meeting was held on March 7,2005 at the City's maintenance
yard to review and discuss the City's fleet of vehicles. The RFP filing deadline was March 21, 2005
and the City received two responses. Both responses meet the City's needs to perform scheduled
preventive maintenance at 4, 12, 24, and 36 month intervals. Also, both businesses have sufficient
facility space, equipment and trained technicians to perform a wide variety of automotive maintenance
and repair functions as identified in the RFP. With these agreements in place, automotive repair
services will be available to the City for continuous use throughout the term of the agreement.
FISCAL IMPACT: Adequate funds a re a vailable in the Fiscal Year 05-06 Annual Operating
Budget in the various City Department line item budgets.
Attachments: Temecula Auto Agreement
Old Town Tire Agreement
1
I~
FIN05-05
NON-EXCLUSIVE
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND TEMECULA AUTO REPAIR & RADIATOR, INC.
FOR VEHICLE MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of July 26, 2005, between the City
of Temecula, a municipal corporation ("City") and Temecula Auto Repair & Radiator, Inc.
("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. TERM. This Agreement shall commence on July 26, 2005 and shall
remain and continue in effect until June 30, 2006 unless sooner terminated pursuant to the
provisions of this Agreement.
2. SERVICES. Vendor shall perform the vehicle maintenance services
described in the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein
as though set forth in full for all vehicles presented by the City to the Vendor for service. Vendor
shall complete the work in accordance with the standards and the schedule of performance
which is also set forth in Exhibit A. Vendor understands this Agreement is non-exclusive and the
City reserves the right to procure similar services from other Vendors.
3. PERFORMANCE. Vendor shall at all times faithfully, competently and to
the best of its 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.
4. PAYMENT.
a. The City agrees to pay Vendor monthly, in accordance with the payment rates
and terms and the Schedule of Costs as set forth in Exhibit B, attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the above
tasks. This amount shall not exceed Seventy-Five Thousand Dollars and No Cents
($75,000.00) for the total term of the Agreement unless additional payment is approved as
provided in this Agreement. The not to exceed payment amount listed herein is an estimated
expenditure and this Agreement does not guarantee the Vendor this amount in contracted
services and work.
b. Vendor 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. Vendor
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City Manager and Vendor at the time City's written authorization is given to Vendor for the
performance of said services. The City Manager may approve additional work not to exceed ten
percent (10%) of the amount of the Agreement.
c. Vendor shall submit invoices monthly for actual services performed
detailing the work performed in a form acceptable to the Director of Finance. 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
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July 19. 2005
to all non-disputed fees. If the City disputes any of Vendor's fees it shall give written notice to
Vendor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT
CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least thirty
(30) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Vendor 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 Vendor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, 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 that the Vendor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Vendor with written notice of the default. The Vendor 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 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
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Vendor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Vendor 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. Vendor shall provide free access to the representatives of City
or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts therefrom as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, computer files, surveys, and other documents prepared in
the course of providing the services to be performed pursuant to this Agreement shall become
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July 19. 2005
the sole property of the City and may be used, reused or otherwise disposed of by the City
without the permission of the Vendor. With respect to computer files, Vendor 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.
8. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense costs or expenses, or liability of any kind or
nature which the City, its officers, agents and employees may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Vendor's negligent or wrongful acts or omissions in performing or failing to perform under the
terms of this Agreement, excepting only liability arising out of the sole negligence of the City.
9. INSURANCE REQUIREMENTS. Vendor 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 Vendor, 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 0692 covering Automobile Liability code 1 (any auto). If the
Vendor 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. Vendor is self-
employed and has opted out of workers compensation insurance per
State law.
b. Minimum Limits of Insurance. Vendor 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 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) Workers Compensation as required by the State of California;
Employers 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 Vendor shall
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July 19. 2005
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 insured's as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
Vendor; or automobiles owned, leased, hired or borrowed by the
Vendor. 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 Vendor'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 Vendor'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 Vendor'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, cancelled 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 Coveraae. Vendor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed i
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 Vendor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements ,
effecting the coverage required by these specifications. I
I
,
10.
INDEPENDENT CONTRACTOR.
a. 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 Vendor
shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its
officers, employees or agents shall have control over the conduct of Vendor or any of Vendor's
officers, employees or agents, except as set forth in this Agreement. Vendor shall not at any i
time or in any manner represent that it or any of its officers, employees or agents are in any I
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July 19. 2005
,
manner officers, employees or agents of the City. Vendor shall not incur or have the power to I
incur any debt, obligation or liability whatever against City, or bind City in any manner. '
b. No employee benefits shall be available to Vendor in connection with the :
performance of this Agreement. Except for the fees paid to Vendor as provided in the i
Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing :
services hereunder for City. City shall not be liable for compensation or indemnification to I
Vendor for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of i
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 th is section.
12. RELEASE OF INFORMATION.
a. All information gained by Vendor in performance of this Agreement shall
be considered confidential and shall not be released by Vendor without City's prior written ,
I
authorization. Vendor, its officers, employees, agents or subcontractors, shall not without I
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 i
other information concerning the work performed under this Agreernent or relating to any project i
or property located within the City. Response to a subpoena or court order shall not be :
considered "voluntary" provided Vendor gives City notice of such court order or subpoena. I
b. Vendor shall promptly notify City should Vendor, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located within the City. City
retains the right, but has no obligation, to represent Vendor and/or be present at any deposition,
hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City
with the opportunity to review any response to discovery requests provided by Vendor.
However, City's right to review any such response does not imply or mean the right by City to
control, direct, or rewrite said response.
13. NOTICES. Any notices which either party may desire to give to the I
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, I
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 City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
Temecula Auto Repair & Radiator, Inc.
43191 Rancho Way
Temecula, CA 92590
Attn: Graham Eves
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14. ASSIGNMENT. 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. Upon termination of this Agreement, Vendors sole compensation shall be payment for '
actual services and work performed up to, and including, the date of termination or as may be
otherwise agreed to in writing between the City Manager and the Vendor.
15. LICENSES. At all times during the term of this Agreement,
Vendor 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 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. In the event litigation over this Agreement is filed,
the prevailing party in the litigation shall be entitled to reasonable attorney fees and litigation
expenses as determined by the Court.
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- I
contractual, financial or otherwise, in this transaction, or in the business of the Contractor or I
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 I
Agreement.
18. 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.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. 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.
//11
R:\Finance\Purchasing\AgreementsM-Z.OS.06. T emecula Auto.FIN05-0S
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July 19, 2005
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
BY:
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
VENDOR
Temecula Auto Repair & Radiator, Inc.
Attn: Graham Eves
43191 Rancho Way
Temecula, CA 92590
Phone (951) 694-1373
Fax (951) 694-0794
By:
Name:
Title:
By:
Name:
Title:
Two Signatures Required for Corporations
R:\Finance\Purchasing\AgreementsM-Z.05-06. T emecura Auto.FINDS-OS
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July 19. 2005
EXHIBIT A
SCOPE OF WORK
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a:
contractual relationship between the City and the Vendor for non-exclusive vehicle maintenance:
and repair services. All work performed shall be per the attached proposal provided by the:
Vendor per Request for Proposal (RFP) dated 4/4/05 attached hereto and incorporated herein I
as though set forth in full. Vendor shall also supply the City with detailed vehicle maintenance, I
repair and smog reporting on a quarterly basis and/or as requested by City.
The procedure for authorizing service and work is set forth as follows:
1. City staff shall initiate request for services or repair and bring City vehicle to Vendors
place of business. Vendor shall supply a written quote for work to be performed which
shall include, but is not limited to: vehicle make, model, and number, description of work i
to be performed, time for completion of servicelrepair, estimated time and cost for .
service/repair to be completed.
2. Upon acceptance of the Vendor's cost estimate by City authorized staff the Vendor shall
proceed with the work and charge to the appropriate purchase order. Vendor shall
maintain a computerized maintenance and repair history on each City vehicle and
provide data on a quarterly basis, or as requested, to City.
R:\Finance\Purchasing\AgreementsM-Z.OS-QS.Temecula Auto.FINOS-OS
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July 19, 2005
CITY OF TEMECULA
VEHICLE MAINTENANCE & TIRE SERVICE PROGRAM
FOR CITY OF TEMECULA VEHICLES
SPECIFICATIONS/SCOPE OF WORK
EXHIBIT "A"
VEHICLE MAINTENANCE:
1. Vendor shall provide vehicle maintenance and repair for all City cars, vans, trucks, off-
road vehicles, emergency vehicles and general/heavy equipment.
2. Vendor shall provide a secured area for City vehicles that are held over night for service.
3. Vendor shall have state-of-the art electronic diagnostic equipment required to monitor
and smog City vehicles.
4. Vendor must use a computerized vehicle unit maintenance record system capable of
providing complete maintenance history by vehicle make, model, City vehicle number,
license number, VIN, class, fuel type, and department. System should be capable of
providing standard reports cataloging maintenance, and odometer readings for each
vehicle number with associated work orders, parts, labor, material costs,
tasks/maintenance performed by the Vendor, and date of service. These reports shall be
made available to the City as scheduled. This schedule will be established with the
Vendor upon award of the contract.
5. Vendor must be able to provide an adequate number of bays in the shop to ensure
completion of basic repairs within 24 hours of receipt of vehicle with a priority being
placed on servicing public safety vehicles. The finalization of all repairs will be quoted
and approved by authorized City staff prior to the commencement of work. Vendor
shall please state if onsite mobile services can be provided.
6. Any outsourcing of maintenance shall be approved by authorized City personnel prior
to the job being performed. Failure to obtain approval may result in a breach of contract.
7. Authorized City personnel shall have the ability to view any work in progress for City
vehicles.
B. Vendor shall furnish all tools, training, parts, equipment, labor and related services to
perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract.
9. Vendor shall provide preventative maintenance as outlined in the maintenance
schedules 1-4 listed on pages 14-20. Pricing for preventative maintenance will include
parts, labor, materials, and any required inspections. Any additional service or repair
shall be pursuant to the schedule of parts pricing discount and labor rate provided within
the proposal supplied by the Vendor. The maintenance, pricing and billing schedule will
be incorporated into a contract negotiated between the City of Temecula and Vendor. All
additional work other than normal preventative maintenance must be authorized
prior to commencement of work.
MAINTENANCE SCHEDULE
Preventative Maintenance Schedule 1 will be performed every 4 months or 4,000 rniles,
whichever comes first.
Preventative Maintenance Schedule 2 will be perforrned at twelve rnonth intervals.
8
Preventative Maintenance Schedule 3 will be performed every twenty-four months.
Preventative Maintenance Schedule 4 will be performed at thirty-six month intervals.
Note: Definition Of Size: Small Vehicles - Automobiles, Minivans, and % and 3/4
ton trucks.
Larae Vehicles - Vans, 1 ton trucks and larger, off-road
vehicles, and 4 wheel drive vehicles to include
Paramedic Emergency Vehicles.
Heavv Eauipment - Tractors, Backhoe, Utility Trucks,
and Trailers.
10. Vendor shall provide six (6) month warranty for labor and manufacturer's warranty on
parts.
11. Vendor, mechanic or employee performing service for the City shall have all licenses
and/or permit(s) required by the City and the State of California to perform maintenance,
tire and smog inspection services, as applicable.
12. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General
Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage
in the amount of $1,000,000.
13. Vendor agrees to accept additions/deletions to the current City Vehicle List and provide
service to any additions at rates outlined in the proposal during the term of the contract.
TIRE SERVICE & REPAIR:
1. Tire service and repair will also be part of this proposal. Tire service will include
balancing, tire mounting, alignments, repair of tires with slow leaks and any flat tires
noted at the Vendor's maintenance facility. All tire service must be performed to industry
and manufacturer's standards (flat tire repairs on the road will be serviced by the
Automobile Club of Southern California AAA). Pricing for tire service will include
dismounting the old tire, mounting new tire, wheel balancing, installing new valve stem,
and general materials related to the installation of a tire. The vendor may invoice the City
separately for the following billable items:
1. New Tires
2. Recap tires and tubes
3. Tire disposal, only if there is a charge to the Vendor
The pricing and billing schedule for tire service will be incorporated into a contract
negotiated between the City of Temecula and Vendor. Any servicing or purchasing of
tires, or recapping of tires, must be authorized prior to completion.
Please note: tire changing for Paramedic vehicles (medic squad's) require the
removal of the aluminum rims which require specific tools for job.
2. Vendor will provide tire service and repair for all City cars, vans, trucks, off-road,
emergency vehicles and standard and heavy equipment. Priority service will be given
to public safety vehicles.
3. Vendor shall provide an adequate number of bays in the shop to ensure completion of
tire changes within two (2) hours of receipt of a vehicle.
4. Vendor must use a computerized vehicle unit maintenance record system capable of
providing complete tire service history by vehicle make, model, vehicle number, license
9
number, VIN, class and department. System should be capable of providing to the City
standard reports cataloging dismounting of tires, mounting of tires with new valve stem,
wheel balancing, alignments, new tire purchases, recap tires and tubes, tire disposal and
any other service or billable items. These reports shall be made available to the City as
scheduled. This schedule will be established with the Vendor upon award of contract.
5. Any outsourcing of tire services shall be approved by authorized City personnel prior to
the commencement of the job. Failure to obtain this approval may result in a breach of
contract.
6. Authorized City personnel shall have the ability to view any work in progress for City
vehicles.
7. Vendor shall furnish all tools, training, parts, equipment, labor and related services to
perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract.
8. All tires mounted on City vehicles must be new, unless the vehicle is approved for recap
tires by authorized City staff. All new tires must have re-treadable casings and have the
capability to run the full life of the second tread.
Note: All re-cappable tires shall be recapped. Tires shall be recapped using full
cap Pre-Cure or mold cure, such as Bandag, Oliver, or equal. The City reserves
the right to reject re-caps, which, in the opinion of authorized City personnel, do
not meet quality standards. A recap rejection rate of 10% or higher may result in
termination of the contract. All casings sent for recapping shall be marked to
identify them as property of the City of Temecula. The Vendor shall ensure that
the same casings sent for recapping are returned to the City after recapping, and
are not utilized on non-City vehicles or sold to other customers.
Re-cap tires shall not be utilized for Paramedic emergency vehicles (medic
squad's).
9. Tires shall be of tubeless design and have re-treadable casings. Each tire must meet or
exceed the listed Uniform Tire Quality Guide ratings. Vendor may be required to submit
proof that tires offered meet these standards. For comparison purposes, the City
reserves the right to purchase up to 5% of its tire needs from other sources.
10. Inner tubes shall meet all Federal government requirements for design, materials,
construction, performance and quality.
11. Vendor will be responsible for removal and disposal of all non-usable tires. These tires
will become the property of the Vendor and disposal will be Vendor's responsibility.
These tires may not be land filled.
12. Vendor shall provide a thirty (30) day warranty for labor and manufacturer's warranty on
parts/materials for tires.
13. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General
Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage
in the amount of $1,000,000.
INSTRUCTIONS. CONDITIONS. LEGAL REQUIREMENTS:
1. All maintenance repair and tire services will be performed at the Vendor's service shop
with the exception of onsite mobile services, if provided. All services provided by the
Vendor shall be performed in strict accordance with the manufacturer's standards and
10
number, VIN, class and department. System should be capable of providing to the City
standard reports cataloging dismounting of tires, mounting of tires with new valve stem,
wheel balancing, alignments, new tire purchases, recap tires and tubes, tire disposal and
any other service or billable items. These reports shall be made available to the City as
scheduled. This schedule will be established with the Vendor upon award of contract.
5. Any outsourcing of tire services shall be approved by authorized City personnel prior to
the commencement of the job. Failure to obtain this approval may result in a breach of
contract.
6. Authorized City personnel shall have the ability to view any work in progress for City
vehicles.
7. Vendor shall furnish all tools, training, parts, equipment, labor and related services to
perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract.
8. All tires mounted on City vehicles must be new, unless the vehicle is approved for recap
tires by authorized City staff. All new tires must have re-treadable casings and have the
capability to run the full life of the second tread.
Note: All re-cappable tires shall be recapped. Tires shall be recapped using full
cap Pre-Cure or mold cure, such as Bandag, Oliver, or equal. The City reserves
the right to reject re-caps, which, in the opinion of authorized City personnel, do
not meet quality standards. A recap rejection rate of 10% or higher may result in
termination of the contract. All casings sent for recapping shall be marked to
identify them as property of the City of Temecula. The Vendor shall ensure that
the same casings sent for recapping are returned to the City after recapping, and
are not utilized on non-City vehicles or sold to other customers.
Re-cap tires shall not be utilized for Paramedic emergency vehicles (medic
squad's).
9. Tires shall be of tubeless design and have re-treadable casings. Each tire must meet or
exceed the listed Uniform Tire Quality Guide ratings. Vendor may be required to submit
proof that tires offered meet these standards. For comparison purposes, the City
reserves the right to purchase up to 5% of its tire needs from other sources.
10. Inner tubes shall meet all Federal government requirements for design, materials,
construction, performance and quality.
11. Vendor will be responsible for removal and disposal of all non-usable tires. These tires
will become the property of the Vendor and disposal will be Vendor's responsibility.
These tires may not be land filled.
12. Vendor shall provide a thirty (30) day warranty for labor and manufacturer's warranty on
parts/materials for tires.
13. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General
Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage
in the amount of $1,000,000.
INSTRUCTIONS. CONDITIONS. LEGAL REQUIREMENTS:
1. All maintenance repair and tire services will be performed at the Vendor's service shop
with the exception of on site mobile services, if provided. All services provided by the
Vendor shall be performed in strict accordance with the manufacturer's standards and
10
State of California specifications. Tires used must be those identified by the vehicle
manufacturer as suitable for the make and model of the vehicle.
2. Vendor to provide preventative maintenance as outlined in the attached schedules 1-4.
Pricing for preventative maintenance will include all parts, labor, materials, and any
required inspections. Any additional service or repair shall be pursuant to the schedule
of parts pricing discount and labor rate provided within the proposal supplied by the
Vendor. This schedule will be incorporated into a contract negotiated between the City of
Temecula and the Vendor. All additional work other than normal preventative
maintenance must be approved by authorized City personnel prior to
commencement of work.
3. Tire mounting for passenger vehicles and light trucks will consist of dismounting old tire,
mounting new one, wheel balancing and installing new valve stem. Prices quoted for tire
mounting shall include each of these services. All new tire mounting must be approved
by authorized City personnel prior to installation.
4. The City uses steel belted radial tires with minimum 60,000 mile expectancy. Prices for
tires cannot be higher than government prices as published by these manufacturers.
The City requests that Vendors submit copies of current government price lists
with proposal.
5. The City reserves the right to negotiate terms and specifications/scope of work with the
highest ranked Vendor. If an agreement cannot be negotiated the City reserves the right
to negotiate with any other finalist.
6. Vendor shall identify those repairs and/or jobs that will be outsourced to a subcontractor
or sub-vendor. The prime Vendor will be responsible for verifying the qualifications and
validity of all licenses or permits for any outsourced work to sub-vendors. The main
Vendor is also responsible for paying its employees and any sub-vendors the prime
Vendor hires.
7. Selected Vendor is required to comply with all existing State and Federal labor laws.
Selected Vendor is also responsible for complying with all OSHA standards and
requirements. If Vendor outsources any work or job to a sub-vendor, it will be the prime
Vendors responsibility to ensure that all sub-vendors meet the requirements as stated in
this RFP.
8. The successful Vendor shall be an independent contractor, and nothing shall be
construed to cause the Vendor to be deemed or represent itself as an agent or
employee of the City. The Vendor shall defend, indemnify, and hold the City of
Temecula, its officers, agents, and employees harmless from any and all causes of
action or claims of damages arising out or related to the Vendors performance under this
contract.
9. The selected Vendor agrees to maintain a City of Temecula Business License for the
duration of the contract.
10. All work shall be done by qualified personnel. Vendor will provide copies of all Federal,
State, County, City and DMV licenses and/or certificates and permits authorizing the
shop and its personnel to perform vehicle maintenance, repair and servicing, as well as
tire repair, service and sales.
11. Vendor must maintain adequate inventory of parts, labor and shop facilities to perform all
work described in this RFP and within the time limits established. Vendor shall identify
any work and/or service that will be outsourced. '
11
12. The Vendor shall provide a local telephone number where service personnel can be
reached on an "on call" basis twenty-four (24) hours a day, seven days per week. This
telephone number will be made available to all authorized personnel designated by the
City.
13. The Vendor shall submit a list of at least five (5) references that have purchased similar
services from the Vendor. Vendor shall provide company name, contact name and
phone number for each reference.
14. The term of the contract shall commence upon award by the City Council and continue
through June 30, 2006. The City reserves the option to extend the contract(s) under the
same terms and conditions for a maximum of two (2) additional one-year terms with
adjustments annually July 1st of each year based on the Consumer Price Index (CPI) for
Riverside County.
15. The contract between Vendor and the City is non-transferable. Vendor shall under no
circumstances assign the agreement without written permission of the City. Vendor shall
notify the City, in writing, of any change in shop ownership at least thirty (30) days prior
to said change.
12
PREVENTATIVE MAINTENANCE SCHEDULE "1"
Performed Every 4 Months, or 4,000 Miles
SMALL VEHICLE
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves,
4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brakes, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads,
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail,).
11. Check Tires For Inflation & Wear (Including Spare) Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs,.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
PREVENTATIVE MAINTENANCE SCHEDULE "1"
Performed Every 4 Months or 4,000 Miles
LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves, etc.
4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all 'YO or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail, etc.).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment
19. Check Clutch Adjustment, Electric Brake Controls (If Equipped).
20. Rotate Tires and Balance.
21. Check Trailer Hitch & Bumper Safety Chain.
22. Check 2-Speed Axle Fluid/Adjustment.
23. Check Operation of Back-up Alarm.
24. Drain and Re-fill Differential Gear Lube.
25. Check and Adjust Air Brakes To Specification.
26. Inspect Air Reservoirs, Lines, Relays, Dryers, etc.
13
PREVENTATIVE MAINTENANCE SCHEDULE "2"
Performed At 12 Month Intervals
SMALL VEHICLE
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves, etc.
4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment.
19. Check Clutch Adjustment, Electric Break Controls (If Equipped).
20; Check Ignition System/Scope/Analyzer.
21. Change Fuel Filter & Replace Air Filter.
22. Rotate Tires & Balance.
PREVENTATIVE MAINTENANCE SCHEDULE "2"
Performed At 12 Month Intervals
LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S
1. Lube. Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves.
4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment
19. Check Clutch Adjustment, Electric Brake Controls (If Equipped).
20. Rotate Tires and Balance.
21. Check Trailer Hitch & Bumper Safety Chain.
22. Check 2-Speed Axle Fluid/Adjustment.
14
23. Check Operation of Back-up Alarm.
24. Change Fuel Filter & Replace Air Filter.
25. Drain and Re-fill Differential Gear Lube.
26. Check For Frame Cracks, Faulty Welds.
27. Check Dump Truck and Tilt Bed Pivot Pin.
28. Check Packing/Seals on Cylinders, Hydraulic Oil.
29. Check and Adjust Air Brakes To Specification.
30. Check Brakes For Wear and Adjustment.
31. Inspect Air Reservoirs, Lines, Relays, Dryers, etc.
PREVENTATIVE MAINTENANCE SCHEDULE "3"
Performed Every 24 Months
SMALL & LARGE VEHICLES
1. Smog Check.
2. Provide Certificate
PREVENTATIVE: MAINTENANCE SCHEDULE "4"
Performed At 36 Month Intervals
SMALL VEHICLE
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves.
4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Ped. Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment.
19. Check Clutch Adjustment, Electric Break Controls (If Equipped).
20. Check Ignition System/Scope/Analyzer.
21. Change Fuel & Air Filter.
22. Rotate Tires & Balance.
23. Service Transmission, Replace Filter.
24. Change All Belts, Hoses, Thermostat.
25. Flush Cooling System, Install New Coolant.
26. Repack Wheel Bearing, Replace Grease Seals.
27. Check Door Handles, Lube Hinges, etc.
15
PREVENTATIVE MAINTENANCE SCHEDULE "4"
Performed At 36 Month Intervals
LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves, etc.
4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Ped. Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare).
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment
19. Check Clutch Adjustment, Electric Brake Controls (If Equipped).
20. Rotate Tires and Balance.
21. Check Trailer Hitch & Bumper Safety Chain.
22. Check 2-Speed Axle Fluid/Adjustment.
23. Check Operation of Back-up Alarm.
24. Change Fuel & Air Filter.
25. Drain and Re-fill Differential Gear Lube.
26. Check For Frame Cracks, Faulty Welds.
27. Check Dump Truck and Tilt Bed Pivot Pin.
28. Check Packing/Seals on Cylinders, Hydraulic Oil.
29. Check and Adjust Air Brakes To Specification.
30. Check Brakes For Wear and Adjustment.
31. Inspect Air Reservoirs, Lines, Relays, Dryers.
32. Check Door Handles, Lube Hinges, etc.
33. Check Front Suspension, Hitch Bolts, and Steering Linkage.
34. Check Ignition System/Scope/ Analyzer.
35. Rotate Tires and Balance.
36. Service Transmission, Replace Filter.
37. Change All Belts, Hoses, Thermostat.
38. Flush Cooling System, Install New Coolant.
39. Repack Wheel Bearing, Replace Grease Seals.
16
EXHIBIT B
SCHEDULE OF COSTS
Payment shall not exceed $75,000.00 for the term of this Agreement and Vendor shall adhere to
the terms and conditions and pricing set forth in this Agreement and the attached Request for
Proposal (RFP) Pricing Sheet dated 4/4/05 for the term of this Agreement attached hereto and
incorporated herein as though set forth in full. All costs shall be based on actual time spent
providing pre-approved vehicle maintenance and repair services.
Vendor has also agreed to an early pay discount of 2% for any payments made to Vendor by
City within 30 days of receipt of non-disputed invoice.
R:\Finance\Purchasing\AgreementsM-Z.05-06.TemecuJa Auto.FINDS-OS
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July 19, 2005
CITY OF TEMECULA
VEHICLE MAINTENANCE & TIRE SERVICE PROGRAM
FOR CITY OF TEMECULA VEHICLES
PROPOSAL SHEET
EXHIBIT" A"
VEHICLE MAINTENANCE - May 1, 2005 - June 30, 2006
DESCRIPTION COST
Preventative Maintenance - Small Vehicle - Schedule "I" $120.98 to $195.95
Preventative Maintenance - Large Vehicle - Schedule "I" $431.50 to $489.50
Preventative Maintenance - Small Vehicle - Schedule "2" $165.99 to $300.95
Preventative Maintenance - Large Vehicle - Schedule "2" $563.18 to $682.00
Preventative Maintenance - Smog All Vehicles - Schedule "3" $49.95
Preventative Maintenance - Small Vehicle - Schedule "4" $855.95 (see note below)
Preventative Maintenance - Large Vehicle -Schedule "4" $1360.18 (see note below)
Shop Rate - Per Hour:
Standard Vehicles & Trucks
Heavy Duty & Paramedic Vehicles
Parts Will Be charge at Wholesale Prices - Minus the
Percentage listed.
$65.00
$65.00
5%
TIRE SERVICE
DESCRIPTION COST
Tire Mounting: Includes Balancing Upt032 in $15.00
Passenger Cars & Vans/Light Duty Trucks Low Profile 20.00
Heavy Duty Trucks / Paramedic Emergency Vehicles Oversized 33 in & up 25.00
Wheel Balancing $8.00 per tire
Alignments $49.95 to $89.95
Flat Repairs $10.00
Tire Disposal $3.00
Recap Tires N/A
Tubes $12.00
Shop Rate - Per Hour:
Standard Vehicles & Trucks $65.00
Heavy Equipment & Miscellaneous Equipment $65.00
Parts will be charged at wholesale prices - minus the 5%
percentage listed.
Sevice on the Fire Department Ladder Truck 2004 KME #73
Schedule I - $622.50 Schedule 2 - $750.00 Schedule 4 -
$2140.00
Pricing will vary according to parts needed at time of scheduled maintenance. Prices quoted aDove
are ranges only. Each vehicle will need to De quoted separately. A detailed quote on each city vehicle
can De provided upon request.
STATEMENT OF QUALIFICATIONS
1. Attach a statement of qualifications outlining vendor's corporate profile and experience in
providing the services, parts and labor required by this RFP.
2. Attach a list of client references, to include the following information for each reference:
Reference Company Name
Point of Contact
Company Street Address
City, State, Zip Code
Telephone Number
3. Attach a statement of warranty for all work to be provided.
4. Attach a copy of all City, County, Federal and State licenses required, as applicable.
5. Attach a copy of resumes or licenses/permits for all personnel in your shop who will be servicing
City vehicles.
6. Selected Vendor will provide the following documentation upon execution of the contract:
1. Certificate of Insurance for: Workers Compensation, General Liability, Automobile
Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of
$1,000,000 per occurrence.
2. Emergency contact name and 24 hour phone number.
7.
a
Attach a listing of the number of service bays in shop and the number of staff on payroll. Include
statement that Vendor can comply with requirement #3 in Part II, page 4 of this RFP.
8.
Early Pay Discount:
A ~ % discount is offered for payment within :30 days.
(Note: No less than 15 days will be considered for purpose of bid evaluation).
By signing this RFP, Vendor has read and will comply with all terms and conditions herein.
Signature of A thorized Representative
~
GrCLha.~ Elf..." CPo
Printed Name & Tille
1erouu.lc.. Au.+o kp~',( ~9oJ;o..--k( Inc.
Business Name & Location
18
CITY OF TEMECULA
REQUEST FOR PROPOSAL
VEHICLE MAINTENANCE & TIRE SERVICE
Temecula Auto Repair & Radiator, Inc.
Corporate profile
Graham Eves had a vision for the auto repair industry in the Temecula Valley. That
vision has become Temecula Auto & Radiator, Inc.
The facility is impeccable, his employees some of the best in the business, and his
philosophy is simple - put the customers' needs first. So, how did a young man from
England end up in sunny Southern California to develop a thriving business?
Raised in South London, England, Graham grew up under the tutelage of his father,
Raymond Walter Eves, a master in automotive repair. Graham credits his father for
instilling in him the love of cars. Graham came to Canyon Lake, California on a water-
skiing trip, where he met his wife, Holly, and never looked back. He jumped when the
opportunity arose to manage an automotive repair shop, and through that experience
began to envision what it would take to build a great automotive repair business - a
combination of excellent customer service, a comfortable and clean environment for
customers and employees alike, and access to the latest technologies available in the
industry. On October 20, 1985, the vision became reality with the opening ofTemecula
Auto Repair and Radiator.
Graham's way with people and talent for business management saw his business blossom
from a two-bay garage to fourteen-bays. His much loved Rotweiler, Auto, was there to
greet customers with wagging tail and friendly demeanor. Graham has admitted that in
the early days, customers would come to play with Auto, as much as to have their cars
serviced!
Earning a reputation for honesty, reliability and fairness, Temecula Auto Repair
continued to grow and prosper and was rapidly outgrowing their space. Eves began his
search for the ideal piece of property to build his dream facility exactly to his
specifications.
The finished building was opened on July 13, 2002 - a 23,000 square foot, 14-bay facility
with state of the art equipment, and a waiting room that is a customers' dream come true.
Security with Internet cameras allows Graham to observe the shop and building from
anywhere in the world. The in-house databank allows technicians instant access to
detailed specifications on every make and model car, from detailed wiring diagrams to
exhaust and carburetor parts, making service incredibly efficient. Clients who come in for
quick adjustments or oil changes are delighted to find Internet access; three television
monitors tuned to the channel of their choice; or are given the opportunity to view a feed
from the shop where technicians are working their magic on individual automobiles.
Temecula Auto Repair & Radiator, Inc.
Whether surfmg the net, or watching daytime television, clients find many options for
amusement in the beautiful waiting area.
Temecula Auto Repair employs twenty-one valuable technicians and office support
personnel who keep busy with the fast paced environment. "It's all about teamwork,"
says Eves, who recognizes that his employees are the key to his success in the Temecula
Valley. The management team, including Graham who heads operations, is dedicated to
customer satisfaction, which shows through his loyal customers.
The shop offers services ranging from complicated driveability issues to lube services.
Most import and domestic vehicles are serviced, as well as pickups, light trucks and
medium duty trucks. In addition, the shop provides fleet repair services.
Teamwork extends into the community, as Temecula Auto Repair has created dozens of
jobs in the valley. It also is actively involved in numerous charities, such as the Boys and
Girls Club and many high school activities.
Graham Eves and his employees pride themselves on providing the best service possible
with state of the art technology. Each member of the Temecula Auto Repair and Radiator
team works to be efficient and reliable. His ultimate goal is for customers to feel
complete confidence and satisfaction with every aspect of their visit to Temecula Auto
Repair. Nothing says customer satisfaction like the amazing amount of word of mouth
referrals and return customers that Temecula Auto Repair enjoys, a true indicator that this
goal has indeed been accomplished.
Shop stats
Name: Temecula Auto Repair & Radiator, Inc.
Location: Temecula, CA
No. of Employees: 21
Square Footage: 23,000
Service bays: 14
Web site: www.temecularadiator.com
Mission Statement: "Temecula Auto Repair &
Radiator, Inc. is a service-oriented facility,
recognized for excellence in the auto repair
industry. We take pride in the integrity of who we
are, the high quality of those we employ, and our
total commitment to the customers that we serve."
Temecula Auto Repair & Radiator, Inc.
SHOP MANAGEMENT STRUCTURE
CEO
Graham Eves
Shop Manager
Terry Perusse
Assistant Manager
Steve Mortimer
Office Personnel:
Front Desk - Customer Service
Marti Rose
Dana Keil
Accounting Department
Christy Campbell
Lee Anne Kawaguchi
Parts Manager
Brian Erickson
Shop Helper/Courtesy Driver
Erik Ramirez
Technicians:
Donald Zinck
Joe Del Carmen
Michael Cava
Robert Ordway
Kirk Hardy
Thorn Quintus
Errol Van Dijk
Matthew Elek
Randy Fox
Ron Kurth
Terry Richmond
Danny Barre
Temecula Auto Repair & Radiator, Inc.
Temecula Auto Repair & Radiator, Inc.
STATEMENT OF QUALIFICATIONS
Temecula Auto Repair has over 18 years experience in the auto repair industry and is
approved by the Automobile Club of Southern California. Regular business hours for
Temecula Auto Repair are Monday through Friday 7:30am to 6:00pm and Saturday 7:30
am till noon. The shop uses the "Yes Management System" a state of the art shop
management system. This system enables the shop to maintain customer service history
along with the ability to produce fleet maintenance reports.
The shop has ample parking and storage should it become necessary to keep a vehicle
overnight. A stock of supplies necessary for regular maintenance is kept on hand.
Temecula Auto repair is willing and able to furnish all tools, training, parts, equipmeni,
labor and related service to perform the work necessary to fulfill the City Vehicle
Maintenance and Tire service contract. Priority service will be given to servicing public
safety vehicles.
The auto repair technicians at Temecula Auto Repair collectively have many years of
extensive experience and training in the industry. Please see attached resumes and
certifications. Temecula Auto Repair & Radiator, Inc. technicians have the ability to
diagnose the source of most repair problems quickly using excellent reasoning ability and
a thorough knowledge of automobiles.
During routine service, mechanics inspect, lubricate, and adjust engines and other
components, repairing or replacing parts before they cause breakdowns. Temecula Auto
Repair technicians will follow preventative maintenance schedules 1-4 as required by the
City of Temecula Exhibit "A".
Temecula Auto Repair & Radiator, Inc. uses a variety of machinery and tools in the
performance of its repairs. The mechanics supply an array oftheir own personal tools
and are supplied by the shop with power tools such as pneumatic wrenches to remove
bolts quickly; machine tools such as lathes and grinding machines to rebuild brakes and
other parts; welding and flame-cutting equipment to remove and repair exhaust systems
and other parts; jacks and hoists to lift cars and engines; and growing variety of electronic
service equipment, such as infrared engine analyzers and computerized diagnostic
devices.
Many of the technicians employed by Temecula Auto Repair have received special
training in the repair of components such as electronic fuel injection or air-conditioners.
In addition several of the shops mechanics have received specialized dealer training. Per
AAA requirements the shop always has available an ASE certified Master Technician
who is certified in eight different service areas, that include; electrical systems, engine
repair, brake systems, suspension and steering, and heating and air conditioning.
Temecula Auto Repair & Radiator, Inc.
Additional Areas of Expertise
Tune-up mechanics adjust the ignition timing and valves, and adjust or replace spark
plugs and other parts to ensure efficient engine performance, using electronic test
equipment to help them adjust and locate malfunctions in fuel, ignition, and emissions
control systems.
Automotive air-conditioning mechanics install and repair air-conditioners and service
components such as compressors and condensers.
Front-end mechanics align and balance wheels and repair steering mechanisms and
suspension systems.
Brake mechanics adjust brakes, replace brake linings and pads, repair hydraulic
cylinders, turn discs and drums, and make other repairs on brake systems.
Automotive-radiator mechanics clean radiators with caustic solutions, locate and solder
leaks, and install new radiator cores or complete replacement radiators.
Equipment
I. V-Tech Master tech
2. Vetronix Tech 2 Pro
3. Sun Scope Machine
4. Lube System
5. Alignment Rack
6. 4 Post Motor Home Rack
7. Sold state Wheel Balancer
Please find attached:
I. List of client references
2. Sub-vendors
3. A statement of warranty
4. Technician resumes and certificates
5. Exhibit "A"
Temecula Auto Repair & Radiator, Inc.
Temecula Auto Repair & Radiator, Inc.
SUB-VENDERS
Advanced Automotive Smog
42274 Rio Nedo Ste #14
Temecula, CA 92590
A-I Auto Glass
620 Erica St.
Escondido, Ca 92027
Vender comes to the shop
TemecuIa Auto Repair & Radiator, Inc.
FIN05-04
NON-EXCLUSIVE
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND OLD TOWN TIRE & SERVICE LLC
FOR VEHICLE MAINTENANCE SERVICES
THIS AGREEMENT, is made and effective as of July 26, 2005, between the City of
Temecula, a municipal corporation ("City") and Old Town Tire & Service LLC ("Vendor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 26, 2005 and shall remain
and continue in effect until June 30, 2006 unless sooner terminated pursuant to the provisions of
this Agreement.
2. SERVICES. Vendor shall perform the vehicle maintenance services
described in the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein as
though set forth in full for all vehicles presented by the City to the Vendor for service. Vendor shall
complete the work in accordance with the standards and the schedule of performance which is also
set forth in Exhibit A. Vendor understands this Agreement is non-exclusive and the City reserves the
right to procure similar services from other Vendors.
3. PERFORMANCE. Vendor shall at all times faithfully, competently and to the
best of its 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.
4. PAYMENT.
a. The City agrees to pay Vendor monthly, in accordance with the payment rates and
terms and the Schedule of Costs as set forth in Exhibit B, attached hereto and incorporated herein
by this reference as though set forth in full, based upon actual time spent on the above tasks. This
amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) forthe total term of the
Agreement unless additional payment is approved as provided in this Agreement. The not to
exceed payment listed herein is an estimated expenditure and this Agreement does not guarantee
the Vendor this amount in contracted services and work.
b. Vendor 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. Vendor shall be
compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Vendor at the time City's written authorization is given to Vendor for the performance
of said services. The City Manager may approve additional work not to exceed ten percent (1 0%) of
the amount of the Agreement.
c. Vendor shall submit invoices monthly for actual services performed detailing
the work performed in a form acceptable to the Director of Finance. 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 non-
disputed fees. If the City disputes any of Vendor's fees it shall give written notice to Vendor within
30 days of receipt of a invoice of any disputed fees set forth on the invoice.
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5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Vendor atleaslthirty (30) days
prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under
this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of
this Agreement such suspension or termination shall not make void or invalidate the remainder of
this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Vendor 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 Vendor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, 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 that the Vendor is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with
written notice of the default. The Vendor 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 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 further notice and without prejudice
to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS.
a. Vendor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the performance
of services under this Agreement. Vendor 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. Vendor shall provide free access to the representatives of City or its designees at
reasonable times to such books and records, shall give City the right to examine and audit said
books and records, shall permit City to make transcripts therefrom as necessary, and shall allow
inspection of all work, data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be maintained for a period of three (3) years after
receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, computer files, surveys, 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 Vendor. With respect to computer files, Vendor 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.
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8. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and
hold harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful
acts or omissions in performing or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
9. INSURANCE REQUIREMENTS. Vendor 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 Vendor, 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 0692 covering Automobile Liability code 1 (any auto). If the
Vendor 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. Vendor is self-employed and has
opted out of workers compensation insurance per State law.
b. Minimum Limits of Insurance. Vendor 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 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) Workers Compensation as required by the State of California; Employers
Liability: $1,000,000 per accident for bodily injury or disease.
c. Oeductibles 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 Vendor 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 insured's as respects: liability arising out of activities
performed by or on behalf of the Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
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Vendor; or automobiles owned, leased, hired or borrowed by the Vendor.
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 Vendor'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 Vendor'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 Vendor'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, cancelled 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 Coveraae. Vendor 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 Vendor'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. 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 Vendor shall
at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers,
employees or agents shall have control over the conduct of Vendor or any of Vendor's officers,
employees or agents, except as set forth in this Agreement. Vendor 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. Vendor 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 Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Vendor for performing services
hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury
or sickness arising out of performing services hereunder.
11. LEGAL 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
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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.
12. RELEASE OF INFORMATION.
a. All information gained by Vendor in performance of this Agreement shall be
considered confidential and shall not be released by Vendor without City's prior written authorization.
Vendor, its officers, employees, agents or subcontractors, shall not without written authorization
from the City Manager or unless requested by the City Attorney, voluntarily provide declarations,
letters of support, testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any project or property located
within the City. Response to a subpoena or court order shall not be considered "voluntary" provided
Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition,
request for documents, interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work performed thereunder or
with respect to any project or property located within the City. City retains the right, but has no obli-
gation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding.
Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Vendor. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said response.
13. 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 City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
Old Town Tire & Service
28700 Front Street
T emecula, CA 92590
Attn: Karl Greene III
14. ASSIGNMENT. 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. Upon termination of this Agreement, Vendors sole compensation shall be payment for actual
services and work performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City Manager and the Vendor.
15. LICENSES. At all times during the term of this Agreement, Vendor
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 Vendor understand and agree that the
Jaws 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
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this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction
over the City of Temecula. In the event litigation over this Agreement is filed, the prevailing party in
the litigation shall be entitled to reasonable attorney fees and litigation expenses as determined by
the Court.
17. PROHIBITED INTEREST. No officer, or employee of the City ofT emecula
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. 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.
19. AUTHORITY TO EXECUTE THIS AGREEMENT. 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.
/11/
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
VENDOR
Old Town Tire & Service LLC
Attn: Karl Greene III
28700 Front Street
Temecula, CA 92590
Phone (951) 699-8040
By:
Name:
Title:
By:
Name:
Title:
Two Signatures Required for Corporations
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EXHIBIT A
SCOPE OF WORK
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual
relationship between the City and the Vendor for non-exclusive vehicle maintenance and repair
services. All work performed shall be per the attached proposal provided by the Vendor per Request
for Proposal (RFP) dated 4/4/05 attached hereto and incorporated herein as though set forth in full.
Vendor shall also supply the City with detailed vehicle maintenance, repair and smog reporting on a
quarterly basis and/or as requested by City.
The procedure for authorizing service and work is set forth as follows:
1. City staff shall initiate request for services or repair and bring City vehicle to Vendors
place of business. Vendor shall supply a written quote for work to be performed which
shall include, but is not limited to: vehicle make, model, and number, description of work
to be performed, time for completion of service/repair, estimated time and cost for
service/repair to be completed.
2. Upon acceptance of the Vendor's cost estimate by City authorized staff the Vendor shall
proceed with the work and charge to the appropriate purchase order. Vendor shall
maintain a computerized maintenance and repair history on each City vehicle and
provide data on a quarterly basis, or as requested, to City.
R:\Finance\Purchasing\AgreementsM-Z.05-06.0rd Town Tire.FINOS-Q4
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July 19, 2005
CITY OF TEMECU A
VEHICLE MAINTENANCE & TIRE S RVICE PROGRAM
FOR CITY OF TEMECULA EHICLES
SPECIFICATIONS/SCOPE F WORK
EXHIBIT "A"
VEHICLE MAINTENANCE:
1. Vendor shall provide vehicle maintenance and r pair for all City cars, vans, trucks, off-
road vehicles, emergency vehicles and general/h avy equipment.
2. Vendor shall provide a secured area for City vehic es that are held over night for service.
3. Vendor shall have state-of-the art electronic dia nostic equipment required to monitor
and smog City vehicles.
4. Vendor must use a computerized vehicle unit aintenance record system capable of
providing complete maintenance history by vehi Ie make, model, City vehicle number,
license number, VIN, class, fuel type, and depa ment. System should be capable of
providing standard reports cataloging maintena ce, and odometer readings for each
vehicle number with associated work ord rs, parts, labor, material costs,
tasks/maintenance performed by the Vendor, and date of service. These reports shall be
made available to the City as scheduled. This chedule will be established with the
Vendor upon award of the contract.
5. Vendor must be able to provide an adequate n mber of bays in the shop to ensure
completion of basic repairs within 24 hours of r ceipt of vehicle with a priority being
placed on servicing public safety vehicles. The fi alization of all repairs will be quoted
and approved by authorized City staff prior to t. e commencement of work. Vendor
shall please state If onslte mobile services ca be provided.
6. Any outsourcing of maintenance shall be approv d by authorized City personnel prior
to the job being performed. Failure to obtain appr al may result in a breach of contract.
7. Authorized City personnel shall have the ability 0 view any work in progress for City
vehicles.
8. Vendor shall furnish all tools, training, parts, eq ipment, labor and related services to
perform work necessary to fulfill the City Vehicle aintenance and Tire Service contract.
9. Vendor shall provide preventative maintenan e as outlined in the maintenance
schedules 1-4 listed on pages 14-20. Pricing for preventative maintenance will include
parts, labor, materials, and. any required inspect ons. Any additional service or repair
shall be pursuant to the schedule of parts pricing iscount and labor rate provided within
the proposal supplied by the Vendor. The mainte ance, pricing and billing schedule will
be incorporated into a contract negotiated betwee the City of Temecula and Vendor. Ail
additional work other than normal preventati e maintenance must be authorized
prior to commencement of work.
MAINTENANCE SCHEDULE
Preventative Maintenance Schedule 1 will be perf rmed every 4 months or 4,000 miles,
whichever comes first.
8
Preventative Maintenance Schedule 2 will be perf rmed at twelve month intervals.
Preventative Maintenance Schedule 3 will be performed every twenty-four months.
Preventative Maintenance Schedule 4 will be performed at thirty-six month intervals.
Note: Definition Of Size: Small Vehicles - Automobiles, Minivans, and ~ and 3/4
ton trucks.
Larae Vehicles - Vans, 1 ton trucks and larger, off-road
vehicles, and 4 wheel drive vehicles to Include
Paramedic Emergency Vehicles.
Heavv Eauloment - Tractors, Backhoe, Utility Trucks,
and Trailers.
10. Vendor shall provide six (6) month warranty for labor and manufacturer's warranty on
parts.
11. Vendor, mechanic or employee performing service for the City shall have all licenses
and/or permit(s) required by the City and the State of California to perform maintenance,
tire and smog inspection services, as applicable.
12. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General
Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage
in the amount of $1,000,000.
13. Vendor agrees to accept additions/deletions to the current City Vehicle List and provide
service to any additions at rates outlined in the proposal during the term of the contract.
TIRE SERVICE & REPAIR:
1. Tire service and repair will also be part of this proposal. Tire service will include
balancing, tire mounting, alignments, repair of tires with slow leaks and any flat tires
noted at the Vendor's maintenance facility. All tire service must be performed to industry
and manufacturer's standards (flat tire repairs on the road will be serviced by the
Automobile Club of Southern California MA). Pricing for tire service will include
dismounting the old tire, mounting new tire, wheel balancing, installing new valve stem,
and general materials related to the installation of a tire. The vendor may invoice the City
separately for the following billable items:
1. New Tires
2. Recap tires and tubes
3. Tire disposal, only If there is a charge to the Vendor
The pricing and billing schedule for tire service will be incorporated into a contract
negotiated between the City of Temecula and Vendor. Any servicing or purchasing of
tires, or recapping of tires, must be authorized prior to completion.
Please note: tire changing for Paramedic vehicles (medic squad's) require the
removal of the aluminum rims which require specific tools for job.
2. Vendor will provide tire service and repair for all City cars, vans, trucks, off-road,
emergency vehicles and standard and heavy equipment. Priority service will be given
to public safety vehicles.
3. Vendor shall provide an adequate number of bays in the shop to ensure completion of
tire changes within two (2) hours of receipt of a vehicle.
4. Vendor must use a computerized vehicle unit maintenance record system capable of
providing complete tire service history by vehicle make, model, vehicle number, license
9
number, VIN, class and department. System should be capable of providing to the City
standard reports cataloging dismounting of tires, mounting of tires with new valve stem,
wheel balancing, alignments, new tire purchases, recap tires and tubes, tire disposal and
any other service or billable items. These reports shall be made available to the City as
scheduled. This schedule will be established with the Vendor upon award of contract.
5. Any outsourcing of tire services shall be approved by authorized City personnel prior to
the commencement of the job. Failure to obtain this approval may result in a breach of
contract.
6. Authorized City personnel shall have the ability to view any work in progress for City
vehicles.
7. Vendor shall furnish all tools, training, parts, equipment, labor and related services to
perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract.
8. All tires mounted on City vehicles must be new, unless the vehicle is approved for recap
tires by authorized City staff. All new tires must have re-treadable casings and have the
capability to run the full life of the second tread.
Note: All re-cappable tires shall be recapped. Tires shall be recapped using full
cap Pre-Cure or mold cure, such as Bandag, Oliver, or equal. The City reserves
the right to reject re-caps, which, In the opinion of authorized City personnel, do
not meet quality standards. A recap rejection rate of 10% or higher may result in
termination of the contract. All casings sent for recapping shall be marked to
Identify them as property of the City of Temecula. The Vendor shall ensure that
the same casings sent for recapping are returned to the City after recapping, and
are not utilized on non-City vehicles or sold to other customers.
Re-cap tires shall not be utilized for Paramedic emergency vehicles (medic
squad's).
9. Tires shall be of tubeless design and have re-treadable casings. Each tire must meet or
exceed the listed Uniform Tire Quality Guide ratings. Vendor may be required to submit
proof that tires offered meet these standards. For comparison purposes, the City
reserves the right to purchase up to 5% of its tire needs from other sources.
10. Inner tubes shall meet all Federal government requirements for design, materials,
construction, performance and quality.
11. Vendor will be responsible for removal and disposal of all non-usable tires. These tires
will become the property of the Vendor and disposal will be Vendor's responsibility.
These tires may not be land filled.
12. Vendor shall provide a thirty (30) day warranty for labor and manufacturer's warranty on
parts/materials for tires.
13. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General
Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage
in the amount of $1,000,000.
INSTRUCTIONS. CONDITIONS, LEGAL REQUIREMENTS:
1. All maintenance repair and tire services will be performed at the Vendor's service shop
with the exception of on site mobile services, if provided. All services provided by the
Vendor shall be performed in strict accordance with the manufacturer's standards and
10
State of California specifications. Tires used must be those identified by the vehicle
manufacturer as suitable for the make and model of the vehicle.
2. Vendor to provide preventative maintenance as outlined in the attached schedules 1-4.
Pricing for preventative maintenance will include all parts, labor, materials, and any
required inspections. Any additional service or repair shall be pursuant to the schedule
of parts pricing discount and labor rate provided within the proposal supplied by the
Vendor. This schedule will be incorporated into a contract negotiated between the City of
Temecula and the Vendor. All additional work other than normal preventative
maintenance must be approved by authorized City personnel prior to
commencement of work.
3. Tire mounting for passenger vehicles and light trucks will consist of dismounting old tire,
mounting new one, wheel balancing and installing new valve stem. Prices quoted for tire
mounting shall include each of these services. All new tire mounting must be approved
by authorized City personnel prior to installation.
4. The City uses steel belted radial tires with minimum 60,000 mile expectancy. Prices for
tires cannot be higher than government prices as published by these manufacturers.
The City requests that Vendors submit copies of current government price lIsts
with proposal.
5. The City reserves the right to negotiate terms and specifications/scope of work with the
highest ranked Vendor. If an agreement cannot be negotiated the City reserves the right
to negotiate with any other finalist.
6. Vendor shall identify those repairs and/or jobs that will be outsourced to a subcontractor
or sub-vendor. The prime Vendor will be responsible for verifying the qualifications and
validity of all licenses or permits for any outsourced work to sub-vendors. The main
Vendor is also responsible for paying its employees and any sub-vendors the prime
Vendor hires.
7. Selected Vendor is required to comply with all existing State and Federal labor laws.
Selected Vendor is also responsible for complying with all OSHA standards and
requirements. If Vendor outsources any work or job to a sub-vendor, it will be the prime
Vendors responsibility to ensure that all sub-vendors meet the requirements as stated in
this RFP.
8. The successful Vendor shall be an independent contractor, and nothing shall be
construed to cause the Vendor to be deemed or represent itself as an agent or
employee of the City. The Vendor shall defend, indemnify, and hold the City of
Temecula, its officers, agents, and employees harmless from any and all causes of
action or claims of damages arising out or related to the Vendors performance under this
contract.
9. The selected Vendor agrees to maintain a City of Temecula Business License for the
duration of the contract.
10. All work shall be done by qualified personnel. Vendor will provide copies of all Federal,
State, County, City and DMV licenses and/or certificates and permits authorizing the
shop and its personnel to perform vehicle maintenance, repair and servicing, as well as
tire repair, service and sales.
11. Vendor must maintain adequate inventory of parts, labor and shop facilities to perform all
work described in this RFP and within the time limits established. Vendor shall identify
any work and/or service that will be outsourced.
11
12. The Vendor shall provide a local telephone number where service personnel can be
reached on an "on call" basis twenty-four (24) hours a day, seven days per week. This
telephone number will be made available to all authorized personnel designated by the
City.
13. The Vendor shall submit a list of at least five (5) references that have purchased similar
services from the Vendor. Vendor shall provide company name, contact name and
phone number for each reference.
14. The term of the contract shall commence upon award by the City Council and continue
through June 30, 2006. The City reserves the option to extend the contract(s) under the
same terms and conditions for a maximum of two (2) additional one-year terms with
adjustments annually July 1st of each year based on the Consumer Price Index (CPI) for
Riverside County.
15. The contract between Vendor and the City is non-transferable. Vendor shall under no
circumstances assign the agreement without written permission of the City. Vendor shall
notify the City, in writing, of ariy change in shop ownership at least thirty (30) days prior
to said change.
)
12
PREVENTATIVE MAINTENANCE SCHEDULE "1"
Performed Every 4 Months, or 4,000 Miles
SMALL VEHICLE
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves,
4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brakes, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads,
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail,).
11. Check Tires For Inflation & Wear (Including Spare) Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs,.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Slicker.
17. Road Test Vehicle, Check Power Brake Operation.
PREVENTATIVE MAINTENANCE SCHEDULE "1"
Performed Every 4 Months or 4,000 Miles
LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves, etc.
4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail, etc.).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment
19. Check Clutch Adjustment, Electric Brake Controls (If Equipped).
20. Rotate Tires and Balance.
21. Check Trailer Hitch & Bumper Safety Chain.
22. Check 2-Speed Axle Fluid/Adjustment.
23. Check Operation of Back-up Alarm.
24. Drain and Re-fill Differential Gear Lube.
25. Check and Adjust Air Brakes To Specification.
26. Inspect Air Reservoirs, Lines, Relays, Dryers, etc.
13
PREVENTATIVE MAINTENANCE SCHEDULE "2"
Performed At 12 Month Intervals
SMALL VEHICLE
1. Lube, Oil Change & Filter, Inspect Air Filler.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves, etc.
4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment.
19. Check Clutch Adjustment, Electric Break Controls (If Equipped).
20. Check Ignition System/Scope/Analyzer.
21. Change Fuel Filter & Replace Air Filter.
22. Rotate Tires & Balance.
PREVENTATIVE MAINTENANCE SCHEDULE "2"
Performed At 12 Month Intervals
LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves.
4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Pedal Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment
19. Check Clutch Adjustment, Electric Brake Controls (If Equipped).
20. Rotate Tires and Balance.
21. Check Trailer Hitch & Bumper Safety Chain.
22. Check 2-Speed Axle Fluid/Adjustment.
14
23. Check Operation of Back-up Alarm.
24. Change Fuel Filler & Replace Air Filler.
25. Drain and Re-fiIl Differential Gear Lube.
26. Check For Frame Cracks, Faulty Welds.
27. Check Dump Truck and Tilt Bed Pivot Pin.
28. Check Packing/Seals on Cylinders, Hydraulic Oil.
29. Check and Adjust Air Brakes To Specification.
30. Check Brakes For Wear and Adjustment.
31. Inspect Air Reservoirs, Lines, Relays, Dryers, etc.
PREVENTATIVE MAINTENANCE SCHEDULE "3"
Performed Every 24 Months
. SMALL & LARGE VEHICLES
1. Smog Check.
2. Provide Certificate
PREVENTATIVE MAINTENANCE SCHEDULE "4"
Performed At 36 Month Intervals
SMALL VEHICLE
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves.
4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V' or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Ped. Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule.
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment.
19. Check Clutch Adjustment, Electric Break Controls (If Equipped).
20. Check Ignition System/Scope/Analyzer.
21. Change Fuel & Air Filter.
22. Rotate Tires & Balance.
23. Service Transmission, Replace Filter.
24. Change All Belts, Hoses, Thermostat.
25. Flush Cooling System, Install New Coolant.
26. Repack Wheel Bearing, Replace Grease Seals.
27. Check Door Handles, Lube Hinges, etc.
15
PREVENTATIVE MAINTENANCE SCHEDULE "4"
Performed At 36 Month Intervals
LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S
)
1. Lube, Oil Change & Filter, Inspect Air Filter.
2. Check Battery, Inspect & Clean Cables.
3. Check Engine, Smog Pump, PCV Valves, etc.
4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses.
5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels
6. Check all "V" or Serpentine Belts.
7. Check Horn, Gauges, Wipers, Heater.
8. Check Seat Belts, Mirror, Ped. Pads.
9. Check Park Brake & Park Indicator.
10. Check Operation Of All Lights (Stop, Tail).
11. Check Tires For Inflation & Wear (Including Spare).
12. Inspect Wheels, Lug Nuts, Studs, etc.
13. Inspect U-Joints, Suspension, Hitch Bolts.
14. Inspect Exhaust System.
15. Check Spare Tire, Jack and Lug Wrench.
16. Attach Door Jam Sticker.
17. Road Test Vehicle, Check Power Brake Operation.
18. Check Brakes For Wear & Adjustment
19. Check Clutch Adjustment, Electric Brake Controls (If Equipped).
20. Rotate Tires and Balance.
21. Check Trailer Hitch & Bumper Safety Chain.
22. Check 2-Speed Axle Fluid/Adjustment.
23. Check Operation of Back-up Alarm.
24. Change Fuel & Air Filter.
25. Drain and Re-fill Differential Gear Lube.
26. Check For Frame Cracks, Faulty Welds.
27. Check Dump Truck and Tilt Bed Pivot Pin.
28. Check Packing/Seals on Cylinders, Hydraulic Oil.
29. Check and Adjust Air Brakes To Specification.
30. Check Brakes For Wear and Adjustment.
31. Inspect Air Reservoirs, Lines, Relays, Dryers.
32. Check Door Handles, Lube Hinges, etc.
33. Check Front Suspension, Hitch Bolts, and Steering Linkage.
34. Check Ignition System/Scope! Analyzer.
35. Rotate Tires and Balance.
36. Service Transmission, Replace Filter.
37. Change All Belts, Hoses, Thermostat.
38. Flush Cooling System, Install New Coolant.
39. Repack Wheel Bearing, Replace Grease Seals.
16
EXHIBIT B
SCHEDULE OF COSTS
Payment shall not exceed $50,000.00 and Vendor shall adhere to the terms and conditions and
pricing selforth in this Agreement and the attached Requeslfor Proposal (RFP) Pricing Sheet dated
4/4/05 for the term of this Agreement attached hereto and incorporated herein as though set forth in
full. All costs shall be based on actual time spent providing pre-approved vehicle maintenance and
repair services.
Vendor has also agreed to an early pay discount of 2% for any payments made to Vendor by City
within 20 days of receipt of non-disputed invoice.
R:\Finance\Purchasing\AgreementsM.Z.OS-QS.Old Town Tire.FINOS-G4
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July 19, 2005
)
VEHICLE MAINTENANCE - May 1, 2005 - June 30, 2006
DESCRIPTION COST
Preventative Maintenance - Small Vehicle - Schedule "1" .:1'1.'15
Preventative Maintenance - Large Vehicle - Schedule "1" fD't.'f~
Preventative Maintenance - Small Vehicle - Schedule "2" <(9.'1 {"
Preventative Maintenance - Large Vehicle - Schedule "2" ( ~".'l.{
Preventative Maintenance - Smog All Vehicles - Schedule "3" S-q. CfS'
Preventative Maintenance - Small Vehicle - Schedule "4" I ~ 'I. 'I:;
Preventative Maintenance - Large Vehicle - Schedule "4" ;l.t.- 'l. <t :5
Shop Rate - Per Hour:
Standard Vehicles & Trucks :S'$'.\)()
Heavy Duty & Paramedic Vehicles b['SO
Heavy Equipment & Miscellaneous Equipment " 1. 5'0
Parts Will Be Charge At Wholesale Prices - Minus The % 10"1.
Percentage
Listed.
CITY OF TEMECULA
VEHICLE MAINTENANCE & TIRE SERVICE PROGRAM
FOR CITY OF TEMECULA VEHICLES
PROPOSAL SHEET
EXHIBIT "A"
TIRE SERVICE
DESCRIPTION COST
Tire Mounting: "1.-5'0 f<4" w ~l
Passenger Cars & Vans/Light Duty Trucks
Heavy Duty Trucks / Paramedic Emergency Vehicles 1 tI.'Scl ~y wVu.a..-\
Wheel Balancing ~.~o f'tJf l>I~\
Alignments Q'V\5
Flat Repairs \$.Ob
Tire Disposal .;1.00
Recap Tires N.I- \'"~I>""~ ...\.
,....:i\ ^, .... o~ ~..._..
\ ,
Tubes \~.'l5
Shop Rate - Per Hour:
Standard Vehicles & Trucks ~S,oo
Heavy Equipment & Miscellaneous Equipment (,1.$0
Parts Will Charged At Wholesale Prices - Minus the Percentage % \oj.
Listed.
17
)
STATEMENT OF QUALIFICATIONS
1. Attach a statement of qualifications outlining vendor's corporate profile and experience in
providing the services, parts and labor required by this RFP.
2. Attach a list of client references, to include the following information for each reference:
Reference Company Name
Point of Contact
Company Street Address
City, State. Zip Code
Telephone Number
3. Attach a statement of warranty for all work to be provided.
4. Attach a copy of all City, County, Federal and State licenses required, as applicable.
5. Attach a copy of resumes or licenses/permits for all personnel in your shop who will be servicing
City vehicles.
6. Selected Vendor will provide the following documentation upon execution of the contract:
1. Certificate of Insurance for: Workers Compensation, General Liability, Automobile
Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of
$1,000,000 per occurrence.
2.
Emergency contact name and 24 hour phone number.
7. Attach a listing of the number of service bays in shop and the number of staff on payroll. Include
a statement that Vendor can comply with requirement #3 in Part II, page 4 of this RFP.
8. Early Pay Discount:
A -L % discount is offered for payment within ~ days.
(Note: No less than 15 days will be considered for purpose of bid evaluation).
By signing this RFP, Vendor has read and will comply with all terms and condItions herein.
(
Representative
A ~ c... G YLE:vJ6 ~ 0 (,.JtJEtQ...
Printed Name & Tille
o t....t> -"'-0 W,J --rillE. t StR...J I c.6 LL.-C
Business Name & Location
:J.. &' 7 crO r~oN' S""l.
--r e: M I< u.<.L.A, \ CJ:t- 'i "L.s''' 0
18
ITEM 8
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~illiam G. Hughes, Director of Public Works/City Engineer
TO:
DATE:
July 26, 2005
SUBJECT:
Tract Map Nos. 30264-4,-5,-11 & -12, Located East of Pechanga Parkway,
South of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Chris White, Assistant Engineer
RECOMMENDATION: That the City Council approve 1) Final Tract Map Nos. 30264-4,-5,-11
& -12 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements 3)
Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material
Bonds and Monument Bonds as security for the agreements.
BACKGROUND: Tract Map Nos. 30264-4,-5,-11 & -12 are located within Tract 29305 of
the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map Nos. 30264-4,-5,-11 & -12
are subject to all Specific Plan Amendments and Agreements.
On January 23, 2001 the City Council approved Tentative Tract Map 29305, on March 22, 2005 the
City Council approved Final Map 29305. On October 2,2002 they approved Tentative Tract Map
30264 with the accompany phasing plan and their conditions of approval which is a further
subdivision of Tract 29305.
Tract Map No. 30264-4 is a fifty-one (51) single family residential lot tract. The tract is located North
of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is
currently vacant.
Tract Map No. 30264-5 is a fourty-two (42) single family residential lot tract. The tract is located
North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is
currently vacant.
Tract Map No. 30264-11 is a sixty-three (63) single family residential lot tract. The tract is located
North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is
currently vacant.
Tract Map No. 30264-12 is a fifteen (15) single family residential lot tract. The tract is located North
of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is
currently vacant.
r:\agdrpM4/tm29798,-1.-2..map
The owners of the property:
Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions
of Approval. These final maps are in conformance with the approved tentative tract map and
phasing plan. The approval of a final subdivision map, which substantially complies with the
approved tentative map, is a mandatory ministerial act under State Law.
The following fees have been deferred for Tract Map Nos. 30264-4,-5,-11 & -12:
Development Impact Fee due prior to issuance of building permit.
FISCAL IMPACT: None
ATTACHMENTS:
1. Development Fee Checklists
2. Fees & Securities Reports
3. Project Vicinity Maps
4. Tract Map Nos. 30264-4,-5,-11 & -12
2
r:\agdrptI04/tm29798,-1.-2..map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30264-4
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
Development Impact Fee
To be paid prior to issuance of a building
permit
3
r:lagdrptI04/tm29798.-1,-2..map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30264-4 DATE: July 26,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 416,000 $ 208,000
Water $ 92,000 $ 46,000
Sewer $ 105,500 $ 53,000
TOTAL $ 613,500 $ 307,000
Monument $ 15,000 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 561.00
TCSD Fee $ 975.00
Fire Fee $ 205.00
Plan Check Fee $ 5,394.00
Monument Inspection Fee $ 750.00
Fees Paid to Date $ 7,885.00
Balance of Fees Due $ 0.00
4
r:\agdrptI04/tm29798,-1.-2,.map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30264.5
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
. Development Impact Fee
To be paid prior to issuance of a building
permit
5
r:\agdrp~04/tm29798.-1.-2..map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30264-5 DATE: July 26,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 518,000 $ 259,000
Water $ 234,500 $ 117,500
Sewer $ 135,500 $ 68,000
TOTAL $ 888,000 $ 444,000
Monument $ 12,300 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 561.00
TCSD Fee $ 975.00
Fire Fee $ 205.00
Plan Check Fee $ 4,944.00
Monument Inspection Fee $ 615.00
Fees Paid to Date $ 7,300.00
Balance of Fees Due $ 0.00
6
r:\a9drptI04/tm297ge.-1.-2..map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30264-11
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
Development Impact Fee
To be paid prior to issuance of a building
permit
7
r:\agdrp~04Itm29798.-1.-2..map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30264-11 DATE: Julv 26,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 208,000 $ 104,000
Water $ 110,000 $ 55,000
Sewer $ 174,500 $ 87,500
TOTAL $ 492,500 $ 246,500
Monument $ 18,600 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 561.00
TCSD Fee $ 975.00
Fire Fee $ 205.00
Plan Check Fee $ 7.378.00
Monument Inspection Fee $ 930.00
Fees Paid to Date $ 10,040.00
Balance of Fees Due $ 0.00
8
r:\agdrpt\04/tm29798.-1.-2,.map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
CASE NO. TM 30264-12
The following fees were reviewed by Staff relative to their applicability to this project.
FEE
CONDITIONS OF APPROVAL
Flood Control (ADP)
N/A
Quimby Fees
N/A
Development Impact Fee
To be paid prior to issuance of a building
permit
9
r:\agdrp~04/tm29798.-1.-2..map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
TRACT MAP NO. 30264.12 DATE: Julv26,2005
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 58,500 $ 29,500
Water $ 15,500 $ 8,000
Sewer $ 20,500 $ 10,500
TOTAL $ 94,500 $ 48,000
Monument $ 4,200 -
DEVELOPMENT FEES
City Traffic Signing and Striping Costs $ 0.00
RCFCD (ADP) Fee $ N/A
Development Impact Fee $ 0.00
SERVICE FEES
Planning Fee $ 561.00
TCSD Fee $ 975.00
Fire Fee $ 205.00
Plan Check Fee $ 2,556.00
Monument Inspection Fee $ 274.00
Fees Paid to Date $ 4,571.00
Balance of Fees Due $ 0.00
10
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ENGINEERS NOTES
. I~OlC"'TES FOU~O "'ONU"'ENT.o.s NOTED.
A INOlC"'TES1- I.P,'MTH T"'C R.C.E. 20500. FLUSH TO BE SET
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o INOIl:...rrS '"I.P. WITH T"'C R.C.E. 20508. FLUSH TO BE 5C:T
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ENGINEERS NOTES
. INDICATES FOUND IIIONUIIENT AS NOTED.
... INDICATES1"I.P.'MTHTAGR.C.E.20508.FLUSHTOBESET
PER TR. NO. 2~~1I5-1. II.B. 35OJ6~7a
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BEING A SUBOIVlSION Of LOT 10 AND PORT1ON OF LOT 11 OF TRACT NO. 29.3D5ASSHOv.NBVIIAP
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NO\UEIER 2004
ROlJNrlARY SlJRVFY MAP
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ALlIIIONUIlENTS SET PER RlVI:J'lSlDE COUNTY
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~NG~~~~-&sNf~N~ MCtlUMENT AS NOlUJ. BOUNDARY SURVEY MAP
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SHEET 4 OF 7 SHEETS
SEE SHEET 2 FOR BASlSOF BEARlNGS
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IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 3 OF 3 SHEETS
TRACT No. 30264-12
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BEING A SUBOIIll$iON OF lOT 14 OF TR"'CT NO. 2~305 "'S SHOWN BY IoIAP ON FILE IN
BOOK 378. PACES 36 l1iROUGH 48. INCLUSII'E,OF loI"'PS, RECORDS OF RI\lERSIDE COIJ NlY,CALlFORNI'"
HAll de fOREMAN, INC. AUGUST 2004
~NG:~~~~fESNfo~NSD o.IONUloIENT "'s NOTED. BOUNDARY SURVEY MAP
... INOIC"'TESI"LP.'MTH l"'CRC.E. 20508. FLUSH TO BE SET
PER TR. No.2S305-1,loI.B.350/65_7B.
o INOIC"'TES \- I.P, 'MTH T"'C R.C,E. 20508, fLUSH TO BE SET
PER TR. NO. 29305, IoI,B. 378/36-~8
. INOIC"'lES'" LP, 'MTH TAC R.C.E. 2050B, fLUSH TO BE SET
PERTR.NO.30264-6,loIB.__/_-___
. INOIC"'TES 1" I.P. 'MTH T",c R.C.E. 20508, fLUSH TO BE SET
PER TR,NO.;l.026~_9,IoI.B.__-I__-__
o <NOIC"'TES SET I' I.P. VIlTH TAG R.C.E. 20508, FLUSH
(RI) INDICATES RECORD AND loIEASURED O"'T'" PER TR. NO. 29305-1.
!.l.8.350/65-78.
(R2) INOIC",TESRECORQ.o.NDlolE"'SUREDOM",PER TR.ND, 29;l.O5.
0.1.8.378/36-48.
(R3) INOIC"'TE5 RECORD AND o.I[,o.SUREO OAT'" PER TR NO. 3026~-S,
1.1.8.___-1___-__
(R4) 'NOIC"'TES RECORD AND "EASURED OMA PER TR NO. 3025~-1J.
loI,B, ____1__-___
(R5) INOICATESRECOOoANo"E"'SUREooMAPERlFlN030264_5,
M.B.____/_-__
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SEE SHEET 2 FOR BASIS OF BEARINGS.
l,IAP LAYOUT SHEET AND IIICIN,TYl,IAP.
(R) INOICATESRAOl"'lBEARING
40
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SET I" r.p.. FLUSH. TAGCED RCE 20508 (RIV. CO. TYPE "A"
MON.) AT LOT CORNERS AND ANGLE PQlNTSIN LOl LINES,
UNU:SS OII-lER'MSE NOIEO
SET NAIL AND TACR.C.E. 20508'N TOP OF CURB
ON THE PROLONCAnON Of THE SlDELOlllNES
AND EC.'S AND B.C.'S PRO.E:CTED PCRPENDICIJLAR
00 RADIAL FRDloI PROPERTY LINE. (RII'ERSlDE
COUNTYSID.TYPE-E")
All l.lONUMoNTSSI10WN "SET" SHAll BE SET IN
ACCDRDANCE'MTH THEl.lONUl.lENTATlON "'CREEIolENT
FQRTH'SIoIN',UNLESSDTHER'MSENOTED.
ALL loIOtlUt,lENTS SET PER RI'o'ERSIOE COUNTY
ORD'NANCE461.9.
DRAINAGE EASEl.lENTS SHALL BE KEPT FREE
OF BlIILO'NCS AND OBsrnUCTIONS
THISl.lAP CDNTAINS 2.8< ACRES CROSS
THISIoIAP CONTA'NS 2.26 ACIlES NET
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ENVIRONMENTAL CONSTRAINT SHEET
,
.
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CAl\FORNIA
SHEET 1 OF 1 SHEETS
TRACT.No.30264-12
BE'NG A SUaoll'lSlON OF LOT 14 OF TRACTMN' NO. 29j05 AS SHOWN BYIoIAP ON FILE
IN BOOK 378. PAGES Sl;~4B. INCl-USI\'E. Of MAPS. RECORDS Of RI\iERSlOE COUNTY, C......'fORNlA.
HAlL'" fOREMAN, INC.
AUGUST 2004-
ENVIRONMENTAl CONSTRAINT "oTrs.
I. tHl$PROPERTY IS LOCATEO 'MTHIN THIRT'T' (JO) MilES OF MO'JNT PALOI.lAR 08SERv,o,ro RY.
ALLPROPOSEO OUTDOOR L1GHT1NG SYSTEMS SHAlL COUPlY 'MTH THE CA1.lHlRNI""NSTITUTE
OF TECHNOLOGY,PAlO.......R 08SERVATORYREMOMIIlENDATIONS, ORQINANCE No. S55
2.THEWOLFCREEKENI'IRONMENTALIMPACTREPORT(EIR)WASPREPAREDfOllTH'SPRQJECT
AND IS ON FlLE AT THE CITYOl' TEMECULA COMl.Il.INIT'!' O(\I[lOPl,lUH DEPARTt.lENT-
J.TI<(SLlBJECTPIlOPERTYISIl.lPACTEOBYA'OOYEAR FLOOD Pl.AlN AS Sl10VlOj HEREON
SEE SIiEET 2 fOR BASIS OF BEARINGS.
t.lA.PLAVOOTSHEHA.NDIIIClNITYt.lA.P
TKEENIIIRONt.lENTA.LCONSTRA.lNTINfORI.IA.nON SHOW>! ON THIS
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A.SOf'THEO....TEOI'fIUNG.ANDISNOTINTENOEQTOA.ffECT
RECORDIITLEINTEREST,THISINFORl.IATlONISOERIVEOFROt.l
PU8UCRECOIlOSOR REPORTS. A.NO OOES NOT IMPLY THE
CORRECTNESS OR SUfflOENCY Of THOSE RECORDS OR R(PQRTS
6VTHE PREPAREROf THIS I,IAP SKEET.
8ASIS OF 8EARINGS
THE 8A5jS 01' 6EAAINCS fOR THISI.IAP IS THE CENTERUNE Of
WOLF VALLEY ROAD SHOWN AS N~1'59'23"E AS SKOW>! ON ....
MAP RECOI'lDED IN 600K 220 PAGES ~o THROUG<1 56.
INCLUSIVE Of t.lAPS, RECORDS OF THE COUNTY Of RIVERSIDE.
STATE OfCAUFQRNIA
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ITEM 9
APPROVAL C':. /'
CITY ATTORNEY "1'
DIRECTOR OF FINAN "<.--
CITY MANAGER U
t/
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
1J..:.,*illiam G. Hughes, Director of Public Works/City Engineer
July 26, 2005
DATE:
SUBJECT:
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Pavement Rehabilitation Program FY 2005/06 -
Ynez Road, Project No. PW04-12
PREPARED BY:
Greg Butler, Principal Engineer
Avlin R. Odviar, Associate Engineer
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Pavement
Rehabilitation Program FY 2005/06 - Ynez Road, PW04-12.
BACKGROUND: The Pavement Rehabilitation Program improves the quality of City
roadways through pavement rehabilitation or reconstruction. Each year, staff consults the street
inventory of the Pavement Management System and collects input from various departments (CIP,
Maintenance, etc.) for locations in need of restoration. Staff evaluates the condition of the
roadways, considers alternative solutions, and examines the projected budget.
This project will address the roadway pavement on Ynez Road between Rancho California Road
and Solana Way. The restoration will primarily consist of an overlay. For the most part, the surface
of Y nez Road will be scarified and over-Iayed. In some isolated areas, the full depth of the
roadway's structural section will be reconstructed. Existing features such as striping and traffic
signal detector loops will be reinstalled.
The plans and specifications have been completed and the project is ready to be advertised for
construction bids. The contract documents are available for review in the City Engineer's office.
The Engineer's Construction Estimate for this project is $800,000.
FISCAL IMPACT: This is a capital improvement project funded by Measure A. Adequate funds
are available in the Account No. 210-165-655-5804.
ATTACHMENTS:
1. Location Map.
R:\AGENDA REPORTSI2005\072605\PW04-12 Auth 10 Bid.DOC
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ITEM 1 0
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
rJA~iIliam G. Hughes, Director of Public Works/City Engineer
July 26, 2005
DATE:
SUBJECT:
Completion and Acceptance of Construction Contract
Traffic Signal Installation at Pechanga Parkway and Muirfield Drive
Project Number PW99-11TS
PREPARED BY:
Amer Attar, Principal Engineer
Steven Beswick, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Accept the project, Traffic Signal Installation at Pechanga Parkway and Muirfield Drive,
Project Number PW99-11TS as complete; and
2. File a Notice of Completion, release the performance Bond; and accept a one (1) year
Maintenance Bond in the amount of 10% of the contract amount; and
3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of
Completion, if no liens have been filed.
BACKGROUND: On March 22, 2005, the City Council awarded a construction contract in the
amount of $117,205.00 to DBX, Inc., of Temecula, California for traffic signal installation at the
intersection of Pechanga Parkway and Muirfield Drive, Project No. PW99-11TS. The traffic signal
installation at the intersection of Pechanga Parkway and Muirfield Drive is included in the Wolf
Creek Specific Plan and part of the approved Capital Improvement Program for Fiscal Years 2005-
2009. This traffic signal installation will eliminate the need for a traffic signal at Clubhouse Drive as
agreed to by the Rainbow Canyon Homeowners Association.
The contractor has completed the work in accordance with the approved plans and specifications
and 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 Pechanga Parkway Improvements - Phase II project is a Capital
Improvement Program project funded through DIF - Street Improvements, Pechanga Indian Tribe
Reimbursement, Public Land and Highways Grant, and the Wolf Creek Community Facilities District.
The total construction cost of the project was $118,445.00.
ATTACHMENT:
1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
R:\AGENDA REPORTS\2005\072605\PW99-11TS NOC.doc
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:
Traffic Signal installation at the intersection of
Pee hang a Parkway and Muirfield Drive.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California
92590.
3. A Contract was awarded by the City of Temecula to DBX, Inc., 42066 Avenida Alvarado,
Suite C, Temecula, CA 92590 to perform the following work of improvement:
Traffic Signal Installation at the intersection of
Pechanga Parkway and Muirfield Drive.
Project Number PW99-11TS
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 T emecula at a regular meeting thereof held on
Julv 26. 2005. That upon said contract the Developers Surety and Indemnity Company
was surety for the bond given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of Temecula,
County of Riverside, State of California, and is described as foiiows:
Traffic Signal Installation Pechanga Parkway and Mulrfield Drive
Project Number PW99-11 TS
6. The location of said property is: Temecula, California
Dated at Temecula, California, this 26'h dav of July 2005.
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 0 F
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 26'h day of Julv 2005.
Susan W. Jones, CMC, City Clerk
R\AGENDA REPORTS\2005\07260S\PW99.11TS NOC.doc
EXECUTED IN TWO COUNTERPARTS
BOND 11839133P
PREMIUM: INCLUDED IN
PERFORMANCE BOND
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR
PROJECT NO. PW99.11TS
PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS
KNOW ALL PERSONS BY THESE PRE:SENT THAT:
DBX, INCORPORATED 42066 AVENIDA ALVARADO, SUITE C TEMECULA, CA 92590
NAME AND ADDRESS CONTRACTORS
a CORPORATION
(tiD In whether a CoIpor.JUon, r~artnershlp or Individual)
, hereinafter called Principal, and
DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623
NAME AND ADDRESS OF SURETY
hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, In the penal sum of ELEVEN THOUSAND EIGHT HUNDRED FORTY-FOUR
DOLLARS and FIFTY CENTS
($ 11,844.50 ) in lawful money of the United States, said sum being not less than ten
(10%) of the Contract value payable by the said City of Temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Contract with the OWNER, dated the 22ND day of MARCH, 2005 , , a copy
of which is hereto attached and made a part hereof for the construction of PROJECT NO. PWgg.
11TS, PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEME:NTS.
WHEREAS, said Contract provides that the Principal will fumish a bond conditioned to guarantee
for the period of one (1) year after approval of the final estimate on said job, by the OWNER,
against all defects in workmanship and materials which may become apparent during said period;
and
WHEREAS, the said Contract has been completed, and was the final estimate approved on_
JUNE 16, 2005.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year
from the date of approval of the final estlmate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the carrying out of the terms of said Contract, or It shall appear that defective materials were
furnished thereunder, then this obligation shall remain In full force and virtue, otherwise this
Instrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attomey's fees Incurred by
the City of Temecula In successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
MAlr-rreNANCe BOND
M.'
R~CIP\PROJECTS\PWll9\!I9" lTS Pech8nga PIovy.Muirlield DI\IlId DOOI &. SpecsIBlD SPEC ~OV 2004.001
The Surely hereby stipulates and agrees that no change, extension of lime, alteration. or addition
to the terms of the Contract, or to the work to be perfonned thereunder. or to the speC/tlcations
accompanying the same, shall In any way affect its obligallons on this bond; and it does hereby
waive nolice of any such change, extensIon of time, alteration, or addiUon to the terms of the
Contract. or to the work, or to the SpecificaUons.
Signed and sealed this
5TH
day of
JULY
,2005.
(Seal)
DEVELOPERS SURETY
SURETYnAND DEMNITY~l1' Y
\/' --1 /: I
By: I ~;--' ~
DBX,
I~RATED
~~
CRARLES L.
(Name)
ATTORNEY-IN-FACT
(1ilIe )
PRIN
By:
APPROVED AS TO FORM:
J I PERRY
(Name)
PRESIDENT & SEC/TREAS
(RIe)
By.
(Name)
Peler M. Thorson, Cily AUom8y
(TItle)
MllJNTENANCE BONO
M-2
a.'l"IIt'J\nDn~OIn..MtI\I'lt\ 4('1'0 ""__L____ ...._ __.. ....._............... ...___.. "'---_--'........ ~........ ........., ft",^A ..1_.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
7-5-05
before me,
LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared
known to me to be the
wi thin instrument and
same in his authorized
instrument the person
person acted, executed
CHARLES L. FLAKE personally
person whose name is subscribed to the
acknowledged to me that he executed the
capacity, and that by his signature on the
or the entity upon behalf of which the
the instrument.
WITNESS my hand and official seal.
~ JdkBJtJ<Jd
Signa u of Notary Public
..... -.. .... .... .... .... ..... ..... ..... (
LEXIE SHERWOODl:;
COMM.' 1311304
NOTARY PUBLIC-CALIFORNIA Gl
ORANGE COUNTY 0
COMM. EXP. JULY 27. 2005-
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT
MAINTENANCE BOND
TITLE OR TYPE OF DOCrJHE:NT
NVHBER OF PAGES
2
DATE OF DOCrJHE:NT
7-5-05
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE (5)
o PARTNER(S)
o OTHER:
~ ATTORNEY-IN-FACT 0 TRUSTEE(S)
SIGNER IS REPRESENTING:
DEVELOPERS SURETY AND INDEMNITY COMPANY
NAME OF PERSON(S} OR ENTITY(S)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725, IRVINE, CA 92623 (949) 263.3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint:
***David L. Culbertson, Charles L. Flake, Karen Winland, Richard A. Coon, Lexie Sherwood, Matthew P. Flake,
jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bonds, undertakings
and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfonn every act necessary. requisite or proper
to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and
aU of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I. 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is. authorized to attest the execution of any such
Power of Attorney;
RESOLVED. FURTHER.., that the signatures of such officers may be affixed to aoy such Power of Attorney or to any certificate relating thereto by
facsImile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affIxed and in
the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February, 2005.
C)~
,.."............
~...;'i ANO I~:'....
",9,-<<: ............'<>""..
l"i ,....Q..l>.POIl.f.......~\
~ ':Ii.' v I'.L."~-:'
:Or.,: '\' '.~-:.
i<ri OCT. \-<,
~~t 10 EnE
l~\ 1936 i~i
\.~"" .....ltl
..-1~...JOw~....~ "
.......<7.........". .,...".
.".......~,.....,~.
By:
~~.;::;;;;~
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)
)SS.
)
COUNTY OF ORANGE
On February 1,2005. before me, Nita Ci Hilfmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved
to me on thc basis of satisfactory evidence) to be the persons: whose names arc subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the instrument.
WITNESS my hand and official seal.
Signanue ~ //~
~A . . . . ~ ~~A~..H~F~E~R. ~
"'. COMM.#1543461 :;;
~ NOll\RY P\JBUC CAlJFOONIA 5
;: . ORANGE COUI>ITY '"
'1. . . . ':"':"':''':.~~":n..'o:~~lt
CERTIFICATE
The undersigned. as Executive Vice~President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA., does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 5 TH day of
BY~~ti:'=J:::7\
JULY
2005
ID-1380 (Rev. 2/05)
EXECUTED IN TWO COUNTERPARTS
BOND 11839133P
PREMIUM: INCLUDED IN
PERFORMANCE BOND
CIlY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE BOND
FOR
PROJECT NO. PW99.11TS
PECHANGA PARKWAY & MUlRFIELO ORNE TRAFFIC SIGNAL IMPROVEMENTS
KNOW ALL PERSONS BY TltESE PRESENT THAT:
DBX, INCORPORATED 42066 AVENIDA ALVARADO, SUIT~ C TEMECULA, CA 92590
NAME AND ADDRESS CONTRACTOR'S
a CORPORATION
(fill In whether s Catpo",tJon, ::'srlnsrs/llp or InalVidusl)
, hereinafter called Principal, and
DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623
NAME AND ADDRESS OF SURETY
hereinafter called SURETY. are held and firmly bound unto CITY OF TEMECULA,
hereinafter called OWNER, in the penal sum of ELEVEN THOUSAND EIGHT HUNDRED FORTY FOUR
DOLLARS and FIFTY CENTS
($ 11,844.50 ) in lawful money of the United States, said sum being not less than ten
(10%) of the Contract value payable by the said City of Temecula under the terms of the
Contract, for the payment of which, we bind ourselves, successors, and assigns. Jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION Is such that whereas, the Principal entered into a
certain Contract with the OWNER, dated the 22ND day of MARCH, 2005 , ' a copy
of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW99.
11TS, PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS.
WHEREAS, said Contract provides that the Principal will fumish a bond conditioned to guarantee
for the period of one (1) year after approval of the final estimate on said Job, by the OWNER,
against all defects In workmanship and materials which may become apparent during said period;
and
WHEREAS, the said Contract has been completed, and was the final estimate approved on ~
JUNE 16, 2005.
NOW, THEREFORE, THE CONDIllON OF THIS OBLIGATION IS SUCH, that if within one year
from the date of approval of the final estimate on said Job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship In the execution of said work,
and the carrying out of the terms of said Contract, or It shall appear that defective materials were
furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this
instrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attomey's fees incurred by
the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
MAlfolTENANCE BOND
M.'
o"l":,O\.on.IF""""'Wll9\Q9."TS P_ PkwY.Mulrfield Dl\Ilkl Docs 8. Spoco\BlD SPEC NOV 2llIl4.dot
The Surely hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the tenns of the Contract, or to the WO/f( to be perfonned thereunder. or to the specifications
accompanying the same, shaD In any way affect i1s obligations on this bond; and it does hereby
waive notice of any sucl1 change. extension of lime, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this
5TH
day of
JULY
.2005,
(Seal)
DE ELOPERS SURETY
NDEMNITY ANY
IPAL DBX';'~PORATED
o
By:
CHARLES 1. FLAKE
(Name)
ATTORNEY-IN-FACT
(Tille)
JI PERRY
(Name)
PRESIDENT & SEC/TREAS
(TIle)
By:
APPROVED AS TO FORM:
(Name)
Peter M Thorson, City AUomey
(1l1Je)
MAIN'rElo/ANCE BOND
M-2
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ORANGE
On
7-5-05
before me,
LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared
known to me to be the
wi thin instrument and
same in his authorized
instrument the person
person acted, executed
CHARLES L. FLAKE personally
person whose name is subscribed to the
acknowledged to me that he executed the
capacity, and that by his signature on the
or the entity upon behalf of which the
the instrument.
WI~SS my hand and official seal.
V, ,/,;/ wi.. U)rJ()L
Sign~~. Nori.ry ~c
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT
MAINTENANCE BOND
TITLE OR 1'rPE OF DOCUME:NT
NVHBER OF PAGES
2
DATE OF DOCUME:NT
7-5-05
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
o CORPORATE OFFICER
TITLE(S)
o PARTNER (S)
o OTHER:
~ ATTORNEY-IN-FACT 0 TRUSTEE (S)
SIGNER IS REPRESENTING: DEVELOPERS SURETY AND INDEMNITY COMPANY
NAME OF PERSON{S) OR ENTITY(S)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725. IRVINE. CA 92623 (949) 263.3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***David L. Culbertson, Charles L. Flake, Karen Winland, Richard A. Coon, Lexie Sherwood, Matthew P. Flake,
jointly or severally***
as their true and lawful Attomey(sHn~Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bonds. undertakings
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper
to be done in connection therewith as each of said corpomtions could do, but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000:
RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be, and that each of them hereby is. authorized to
execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signah1res shall be valid and binding upon the corporation when so affIxed and in
the future with respect to any bond., undertaking or-contract of suretyship to wbich it is attacbed.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005.
C)~~
...............
......... A.ND ",......
""'~"-"'...............~C~....
,.,g; .....o\,OPOIl.i;....~\
5 ... tI <f:".;~~
i:Jf OCT. \~:
~~i 10 lnE
l~\ 1936 .i~!
\~"" lOW"," i'~'bi
..... .,q..................~~ ....,
......... * .......,.
.............
By:
~,-"~~
Walter A. Crowell, Secretary
STATE OF CALIFORNIA
)
)SS.
)
COUNfY OF ORANGE
On February I, 2005, before me, Nita G, Hiffmeyer, personally appeared David H. Rhodes and Waller A. Crowell, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the persons whose names are subscnbed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument.
WIlNESS my hand and official seal.
Signan= ~ 4-1iff7R0
~~ . . . . . ~rrA~~H;~~~R~ ~
..e COMM..1543481 ,.
~ N01llIl'f PUBUC CAUFQANIA 15
;: . . ORANGE COUNTY ..
'[. . . . ~~~.~:":~..10:2~lt
CERTIFICATE
The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDE:MNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of
the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 5 TH day of
JULY
2005
-=?.~ ~ I~
BY~ .
David L. Kerrigan, Executive Vice~President
ID.1380 (Rev. 2/05)
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
PROJECT NO. PW99.11TS
PECHANGA PARKWA Y & MUlRRELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS
This is to certify that OBX. I NC. , (hereinafter the 'CONTRACTOR") declares
to the City of Temecula, under oath, 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. PW99.11TS,
PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS, situated in
the City of Temecula, State of California, more particularly described as follows:
Traffi c Si gnal at Pechanga Pkwy & Mui rfi eld
INSERT ADDRESS OR DESCRIBE LOCATION OF WORK
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
-0-
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: Jul y 6. 2005
CONTRACTOR
B, ~~-
~m Perry. President
Print Name and Tille
RELEASE
R.l
R:\CIPlPROJECTS'l'W99I99-11TS Pechanga Pkwy-Muirfiekl DrlBkllJocs & Specs\BID SPEC
ITEM 11
APPROVAL
CITY A"TTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: .~ William G. Hughes, Director of Public Works/City Engineer
DATE: July 26, 2005
SUBJECT: Professional Services Agreement - Vali Cooper & Associates, Inc.
Contract for Construction Management and Inspection Services for
City-Wide Verizon Fiber Optics FTTP Installation Project
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1. Approve an agreement with Vali Cooper & A ssociates, Inc. in a n a mount not toe xceed
$205,040.00 to provide Public Works Construction Management and Inspection Services for
the Verizon City-Wide FTTP (Fiber to the Premises) Project, and authorize the Mayor to
execute the agreement.
2. Authorize the City Manager to approve Change Orders not to exceed the contingency amount
of $20,504.00, which is equal to 10% of the agreement amount.
3. Approve an appropriation in the amount of $225,544.00 to the Public Works Engineering
Consulting Account from the Encroachment Permit Revenue for the Verizon Fiber Optics
Project.
4 Increase Encroachment Permit Revenues in the amount of $225,544.00 in the General Fund
Reserves.
BACKGROUND: Over the next tweive months Verizon Communications intends to install
underground conduit within each residential street throughout the City of Temecula in order to provide
each resident access to fiber optics telecommunications services. The installation work will require
extensive horizontal boring beneath sidewalks along with limited open trench excavations behind
sidewalks and across roadways throughout the City. Due to the magnitude of the project, it will be
necessary to employ additional inspection personnel to adequately oversee the proper placement of the
proposed facilities and the restoration of disturbed public improvements. To meet the additional
inspection requirements, a consultant will be retained to provide construction management and
inspections services. The service provided will include observation and inspection, traffic control plan
review and coordination services between Verizon, the City, and the public.
In July 2005 staff evaluated three proposals received for providing professional services as outlined in
Request for Proposal dated October 13, 2004. The firms were ranked, and negotiations commenced
with the number one ranked firm Vali Cooper & Associates. Vali Cooper has provided inspection
1
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services for the City's Public Works Department in the past for various CIP and Land Development
projects including the inspection services for Adephia Cable Communication expansion within the City.
Vali Cooper's performance in the past with these projects has been very satisfactory. This Professional
Services Agreement with Vali Cooper & Associates for Construction Management and Inspection
Services is for an amount not to exceed fee of $205,040.00.
The cost of the consultant services will be reimbursed through Encroachment Permit fees. The permit
fee revenue for the Verizon project is estimated to be $400,000. This amount is based on the City
Permit Fee Schedule for conduit installation at 25 cents per lineal feet (The estimated total amount of
conduit placement for the Verizon project is 1,600,000 lineal feet City-wide). A total of approximately
seventy 'hub areas' throughout the City will be permitted and applicable fees will be collected based on
lineal feet for each hub area permitted. The positive dollar difference between the anticipated permit
fees collected and the Construction Management costs will be used to pay for City Staff plan check and
administrative costs.
FISCAL IMPACT: Verizon will be paying approximately $225,000.00 in Encroachment Permittees
revenues which are intended to offset the cost of the services provided by Vali Cooper & Associates,
Inc. for the Verizon Project. An appropriation of $225,544.00 is necessary to fund this contract.
ATTACHMENTS:
Agreement with Vali Cooper & Associates
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AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES
CONSTRUCTION MANAGEMENT and INSPECTION SERVICES
CITY-WIDE VERIZON FIBER OPTICS FTTP INSTALLATION
THIS AGREEMENT is made and effective as of July 26, 2005, between the City of
Temecula, a municipal corporation ("City") and Vali Cooper & Associates, Inc. ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 26, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no eventlater than July 26,
2006, 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 time 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. Copies may be obtained from the California Department of
Industrial Relations' Internet web site at http://www.dir.ca.gov. 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 scope of work to be
performed, payment rates and schedule of payment are null and void. This amount shall not exceed
Two Hundred Five Thousand Forty Dollars and No Cents ($205,040.00) for the total term of the
Agreement unless additional payment is approved as provided in this Agreement.
D.\^_~____....~_\I..... ^_______&_"'_" ......~____
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
performance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement or 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 non-disputed fees. If the City disputes any of consultant's fees it shall give written
notice to Consultant within 30 days of receipt of an 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. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to' Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consuitant is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have (10) days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event that the
Consultant fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
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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
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 a II work, data, documents, proceedings a nd a ctivities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files 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 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.
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 fonm 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.
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(4) Professional Liability Insurance shall be written 0 nap olicy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
(1) General Liability: One million dollars ($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 projecVlocation or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: One million dollars ($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: Two million ($2,000,000) 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 insured's 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
withi!.
(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.
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(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. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Consultant shall furnish the City with 0 riginal
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
fomns 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 affecting 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
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
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 byfailure
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
declarations, I etters of support, testimony at depositions, response to interrogatories 0 r 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.
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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:
Vali Cooper & Associates, Inc.
3900 Market Street, Suite 250
Riverside, California 92501
Attention: Bob Wilson, Construction Manager
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 of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree thatthe
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
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Vali Cooper & Associates, Inc.
41 Washington Ave.
pt. Richard, CA 94801
(510) 215-0760
Agnes Weber, Executive Vice President
Connie Preston, Executive Vice President
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
CONSTRUCTION MANAGEMENT and INSPECTION SERVICES
CITY-WIDE VERIZON FIBER OPTICS FTTP INSTALLATION
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VAll COOPER & ASSOCIATES INC.
CONSTRUCTION MANAGEMENT CONSULTANTS
January 27, 2005
Steve Charette
Associate Engineer - Land Development
City of Temecula Public Works Department
43200 Business Perk Drive
Temecula, CA 92589-9033
Dear Mr. Charette:
Thank you for inviting Vali Cooper & Associates, Inc. (VC&A) to propose on providing you with construction
management services for the City-Wide Verizon Communications Fiber Optics FTTP Installation project. VC&A
has provided the City with construction management and Inspection support since 2000, including for over 400
miles of fiber-optic cable placed throughout Temecula. involving 80 miles of directional boring utilizing up to 50
crews. We are proud of the quality of our personnel and the work they have performed in Temecula.
For the position of construct/on manager, we offer you an excellent candidate who spent the past several
months inspecting CIP projects in Temecula for David McBride. Bob Wilson has over 25 years of experience
both as a contractor and construction manager in both the public and private sectors. Many of Bob's projects have
included directional boring to install fiber-optic systems, placing conduit and Installing pull boxes. vaults, hub
cabinets and similar items. He also has verified that city infrastructure work was repaired or replaced per city
standards and specifications. Bob also has a long history of reviewing and monitoring contractors' traffic control
plans and verifying the safety of the public and performing public relations services.
Bob recentiy Inspected projects in Temecula that include the Jefferson Avenue Pavement Rehabilitation (Phase
II), Winchester Road at Ynez Road Improvements, Winchester Road Improvements between Jefferson Avenue
and 1-15, and the Wolf Creek Sport Complex. He is excited at the prospect of continuing to work In Temecula.
Doug Franco, PE, will serve as contract manager, responsive to the needs of the your contract with us and
responsible for VC&A's services to be provided, including the oversight of Bob's work. Doug provides this same
role on most of VC&A's contracts in southern California, including several current contracts in Riverside County.
In addition, I will serve as principal-in-charge, assuring VC&A's corporate commitment to the City of Temecula. I
have performed this same role with the City for the past five years.
This proposal is valid for a minimum of 90 days. VC&A has reviewed the City's Standard Professional Services
Agreement and, if selected, will execute the agreement.
Thank you again for this opportunity. We look forward to continuing our successful relationship with the City of
Temecula. Meanwhile, if I can provide you with any additional information, please call me at VC&A's corporate
office toll free at (888) 560-2667.or on my cell phone at (510) 774-9967.
Very truly yours,
VALl COOPER & ASSOCIATES, INC.
4~w~
Agnes Weber. PE
Executive Vice President
3900 MARKET STREET. SUITE 250 . RIVERSIDE, CA 92501 . ~ 788-6028 . FAX: (909) 788-8025
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3. Approach
Below is a narrative that addresses the construction management scope of work
VC&A's construction manager will provide.
During construction, Vc&A recognizes that our role is to oversee the contractor's
adherence to the requirements set forth in the construction contract and to facilitate
the coordination with all parties beyond the contractor Involved in the project. VC&A
will provide all necessary safety equipment, vehicles and mobile communications
required for our personnel to perform their work efficientiy and safely. Our
construction manager will be available by telephone to the City 24 hours a day.
PROJECT SITE INVESTIGATION AND REVIEW OF CONTRACT DOCUMENTS
AN PERMITS
Bob Wilson, our construction manager, will visit each project site where Verizon
intends to begin work. He will review all project permits, and questions or concerns
will be addressed with the City. Documenting the sttes prior to construction is
essential. Good documentation can help mitigata disputes between the City, Verizon
and property owners within or adjacent to the project limits. Our documentation
inciudes photographs and videos of the construction site. This information is logged
and filed with the project files. Special attention will be given to sensitive areas.
ESTABLISH RELATIONSHIPS AND FINALIZE PROJECT PARAMETERS WITH
THE OlY
Bob will meet with the appropriate representatives from Verizon, the City,
permitting and regUlatory agencies, and local public services impacted by the
project. Parameters to discuss and determine include:
. Project filing system
. Lines of communication
. Levels of authorization
. Procedures for contract change orders
. Project emergency procedures
. Local emergency services notification and access
. Public interaction highlights
SCHEDULING MEETING AND PRECONSTRUGlON MEETING
Bob will first coordinate and attend a scheduling meeting to ensure that work in the
various hubs are well coordinated. During construction, he will coordinate with
Verizon to maintain updated construction schedules for the City's use. He will also, at
the City's discretion, conduct the preconstruction meeting, which will be attended by
Verizon representatives, contractor and City staff, utility company representatives,
and any other involved entities. At this meeting, project specifics will be discussed
including contract submittal requirements, quality control standards, change order
and potential claim procedures, contrectors construction schedule, traffic control,
public relations, technical issues and safety procedures. An agenda and meeting
minutes will be prepered.
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COORDINATION AND CORRESPONDENCE
Bob will serve as the day-to-day focal point for coordination among the City, Verizon, contractor(s), utility companies
and others. He will consutt, advise and issue Instructions on behaW of the City to Verizon and Verizon contractors.
He will document all communications with the contractor in correspondence and daily diaries
TRAFFIC CONTROL
Traffic control will be critical, especially considering the vastness of the area where Verizon will be performing the
work, and the fact that many of the affected city collector and arterial streets are in residential areas. Bob will ensure
that traffic control plans submitted by Verizon are to the satisfaction of the City's Public Wor!<s Traffic Division.
Throughout construction, Bob will monitor the contracto~s traffic oontrol and safety provisions. Bob has extensive
experience with traffic control, including in the City of T emecula.
PUBLIC RELATIONS
VC&A has a strong history of implementing strong public relations programs on our oonstruction management
projects. Because we understand the City's local accountability to residents affected by the wor!<, VC&A is able to
personally notify and explain the projects to local residents, landowners and others that may be affected by the wor!<.
Bob will receive and respond to all resident inquiries and complaints In a timely manner, and coordinate with Verizon
and the contractor(s) until the issues are resoived. Bob can set up a 24-hour project telephone hoUine to aid in this
task.
SAFETY
VC&A takes safety very seriously. Our employees are all required to conduct weekly tailgate safety meetings at
least every ten working days on relevant project safety topics. Safety training is provided to employees as needed
such as fall protection, confined space and 40 hours HAZMAT. We require that all projects have a safety/emergency
bulletin board with the project~pecific Code of Safe Practices and emergency phone numbers and procedures
posted. We also have a Safety Manual that contains all company safety related information, policies and
procedures, and a designated company Safety Officer who periodically visits all our projects to verify that our field
staff are following intemal safety policies.
Although the contractor is responsible for jobsite safety, our field staff will continuously monitor the contractor for
adherence to the safety requirements per the contract and CaIOSHA and will document any found deficiencies In a
Safety Diary and require corrective action be taken immediately. VC&A will monitor, and request modification of
traffic control plans
CONTRACT ADMDINISTRATION
VC&A has developed a Contract Administration Tracking System (CATS) to effectively perform the contract
administration requirements of a project. CATS is modeled after the Caltrans Construction Manual and is easily
tailored to fit the City's administration procedures. CATS contains a system for organizing project files and oomputer-
generated forms and spreadsheets to assist in tracking correspondence, submittals, RFls, contract change orders,
progress pay estimates, as well as documenting materials testing results. The forms can be easily tailored to meet
the needs of the City. Although the scope of wor!< is more of an oversight role, there may be documents in CATS
that will be helpful in performing our scope of wor!< such as:
. Maintaining project files
. Submittal logs
. RFllogs
. Correspondence tracking
. Tracking status of contract change orders
. Tracking progress pay estimates and overall
project budget
. Tracking potential claims
. Tracking materials testing results and follow-up
. Phone logs for public relations
VALl COOPER & ASSOCIATES, INC.
3-2
NPDES PERMITS
VC&A brings special expertise in storm water pollution prevention plan (SWPPP) compliance and National Pollution
Discharge Elimination System (NPDES) compliance. We are currently on Gal/tans'Stann Water Task Force, where
we Identify best management practices (BMPs) and corrective measures to bring projects statewide into contract
and regulatory compliance. All of our staff are trained in the latest NPDES requirements and SWPPP BMPs.
ON-SITE INSPECTIONS
All field Inspections are documented on Bob's Daily Diary in accordance with the City's procedures.
Reid activities associated wlth the projects Include:
. Monitoring the contractor's work for general conformance with the plans and specifications
. Documenting the progress of the work wlth daily diaries and photographs
. Reviewlng, approving and mon~oring traffic control plans
. Ensuring satisfactory repair and restoration of City property and landscaping
. Enforcing Encroachment Perm~ requirements
. Acting as the point of contact for City to consult,. advise and issue instructions to the contractor
. Providing recommendations for change order work
. Coordinating RFI responses
. Recommending corrective actions for unsatisfactory performance by the contractor
. Maintaining as-bui~ drawings
. Reviewlng and logging materials test results and addressing non-conforming tests
. Rling and other job related paper work
. Coordinating and conducting final inspections
WEEKLY MEETINGS
Bob will conduct weekly progress meetings to address the status of the project and project issues. He wili prepare
and distribute agendas, minutes, and an issues list. He wili receive all contractor correspondence and prepare and
transmit responses, coordinating wlth applicable parties, as required.
LABOR COMPLIANCE
VC&A understands that some work may require payment of prevailing wages and submission of certified payroli.
i We have office personnel on staff who can verify the contractor's compliance wlth labor laws, including interviewlng
~ workers, verifying certified payrolls and monitoring subcontractor utilization for compliance with DBE commitments.
'.i
POST-CONTRUGION SERVICES
A project is only truly completed when all the construction is complete, including the punchlist items, the final
payment is approved and accepted, and the project paperwork is completed and archIVed. The schedule for this
part of the process is as sensitive as any and must be attended to efficiently. The tasks include:
. Performing a project walk-through wlth the C~y (and Verizon, if required) and developing a punchlist of
remaining items of work after contractor is substantially completed with the work
. Following through with the contractor's completion of punchllst items
. Conducting a final project review with the City, Verizon and other agencies that must accept the work. Upon
satisfactory completion, VC&A submits a formal recommendation for project acceptance based on our best
knowledge and belief that the project is completed in accordance with the plans and specifications.
. A final submittal package of ali field records is submitted to the owner in an organized manner. Along wlth the
records, a project completion report Is prepared which Includes:
3-3
VALl COOPER & ASSOCIATES,INC.
EXHIBIT B
PAYMENT RATES AND SCHEDULE
10
R:\Agreenebts\LD AQreementsWali COODer - Verizon aormt
o A summary of change orders and potential claims
o A summary of the materials tested and Incorporated into the work
o Rnal project schedule
o Rnal project expendttures
o Summary of final acceptance
o As-bum drawings
Following Is a spreadsheet showing the estimated number of hours for Bob and the cost of VC&A's
services.
[
I
-I
,
VALl COOPER & ASSOCIATES, INC.
3-4
VAll COOPER AND ASSOCIATES, INC.
COST PROPOSAL
FOR CONSTRUCTION MANAGEMENT SERVICES
for
CITY-WIDE VERIZON COMMUNICATIONS FIBER OPTICS
FTTP INSTALLATION PROJECT
January 27, 2005
r'J.1I11('<'<Tltl" HOllilyl~"tP I,t IIOlIIS OTH.1te LsIIIOlII' r<,lllll.1ll'cllosl
Doug Franco, PE
Contract Manager
$130.00
o
N/A
N/A
$0.00
Bob Wilson
Construction Manager $98.00 2080
Other Direct Costs (photo developing, office supplies etc.)
$117.50
o
$203,840.00
$1,200.00
ESTIMATED TOTAL
$205,040.00
Assumptions:
1. Estimating hoI.rs for one year (2080 haLOS) for constnJction manager, 40 hour wor1< week with no overtime.
2. Hour1y rate for Doug Franco is provided for Infannelion only. He Is available to assist the City if requested.
3. Other direct costs estimated at $1 DO/month.
4. Hour1y rates include base pay, fringe benefits. overhead, fee and basic field equipment including vehicles, safety gear and hand tools.
5. All hours are billed in conformance to tha California labor Code and prevailing wage requirmenets.
6. Assume City provides offICe space for one constnJction manager.
7. Pay Increases may be requested for employees on assignments lasting more than one year.
1/26/2005
Page 1 of 1
ITEM 12
APPROVAL IA. -
CITY ATTORNEY ~E
DIR. OF FINANCE
CITY MANAGER ( YfJ
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Tim Thorson, Director of Information Systems
William G. Hughes, Director of Public Works/City Engineer
DATE: July 26,2005
SUBJECT: Award of Consultant Services Agreement for the Temecula Library
Information Systems, Project No. PWOO-07
Prepared by: Tim Thorson, Infonmation Systems Director
RECOMMENDATION:
That the City Council:
1. Approve the consulting services agreement with Conduit Consulting Networks in the amount
of $34,200.00, and authorize the Mayor to execute the contract.
2. Authorize the City Manager to approve change orders not to exceed the contingency amount
of $3,420.00 which is equal to the 10% contingency.
BACKGROUND: A primary goal of the new Temecula Library is to develop technology that will
provide a phenomenal multi-media experience for our citizens. As a result, the IS Department
posted a Request for Qualifications (RFQ) on the City's website. The purpose of this project is to
develop the optimal Temecula Library IS architecture and implementation plan to ensure that all the
requirements of the Office of Library Construction Grant are satisfied. This effort will help ensure
that equipment purchased by the City supports LSSI applications and that these systems can be
supported by the City of Temecula IS Department. Properly planning for technology on the front end
will ultimately save money and time on the back end of the Temecula Library construction project.
Discussion: This RFQ closed on June 10th with three submittals. The RFQ replies consisted of:
- Walker Consulting, LLC - Irvine Ca
- Library Systems and Services, LLC. - Riverside Ca
- Conduit Networks - Temecula Ca
The RFQ submittals were reviewed by the following individuals:
Tim Thorson
Genie Roberts
Aaron Adams
Phyllis Ruse
The submittal selected was Conduit Networks. The benefits of this consulting company are:
A local Temecula technology consulting firm
Their submittal was the only one that adhered to the requirements of the RFQ.
The cost was $34,200.00, which is in the range budgeted for.
The Conduit Networks systems analysis methodOlogy consists of the following:
I. Phase 1: Evaluation and Documentation
a. Deliverables
i. Provide current system documentation (LSSllibrary systems)
ii. Presentation of current application state
II. Phase 2: Fit-Gap Analysis
a. Deliverables
i. Provide analysis of LSSI applications/City Architecture and
Policies/Standards
ii. Provide analysis of Operational goals and technological solutions
ili. High Level check and balance with key players/stakeholders
iv. Provide review of LSSI supporting systems
v. Document and recommend best practices
vi. Final presentation and written report
FISCAL IMPACT: The Temecula Public Library is funded through Development Impact Fees,
reimbursements from Riverside County, Friends of the Library, State Library Grant Funds, and
Capital Project Reserves. Adequate funds are available for the total consultant agreement cost of
$37,620.00, which includes the agreement amount of $34,200.00 plus the 10% contingency amount
of $3,420.00.
ATTACHMENTS:
1. Agreement
2. IS-RFQ05/01 - Statement of Qualification and Implementation Plan
AGREEMENT
FOR PROFESSIONAL CONSULTANT SERVICES WITH
TEMECULA PUBLIC LIBRARY
PROJECT NO. PWOO-07
THIS AGREEMENT is made and effective as of July 26, 2005, between the City of
Temecula, a municipal corporation ("City") and Conduit Networks ("Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 26, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2006, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Consultant shall perform the services and tasks described and
setforth in Exhibit A, attached hereto and incorporated herein as though setforth 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 ofTemecula. 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 tenms in Exhibit B other than the payment rates and
schedule of payment are null and void. This amount shall not exceed Thirty Four Thousand
Two Hundred Dollars and No Cents, ($34,200.00) for the total term of the Agreement unless
additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and Consultant at the time City's written authorization is given to Consultant for the
perfonmance of said services.
The City Manager may approve additional work up to ten percent (10%) of the amount of the
Agreement. 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 an 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. If the City suspends ortenminates
a portion of this Agreement such suspension or tenmination 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 Cons.ultant the actual value of the work perfonmed 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 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 tenms of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate detenmines 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
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 penmit City to make transcripts there from as necessary, and
2
shall allow inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of tenmination 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 penmission 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.
b. 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
3
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) peraccidentfor
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.
(3) Any failure to comply with reporting or other provisions ofthe 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. Self
insurance shall not be considered to comply with these insurance requirements.
4
f. Verification of Coveraae. Consultant shall fumish 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 affecting 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
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for perfonming
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 infonmed 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
declarations, letters of support, testimony at depositions, response to interrogatories or other
infonmation conceming 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.
5
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:
Conduit Networks
42111 Avenida Alvarado Ste 2B
Temecula, CA 92590
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 of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree thalthe
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
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City ofT emecula
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.
6
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 orwritten, 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
Conduit Networks
42111 Avenida Alvarado Ste 2B
Temecula, CA 92590
By
Its Guy Reams
By
Its Tony Tooley
(Two Signatures of Corporate Officers Required For Corporations)
7
EXHIBIT A
STATEMENT OF WORK
1.1 PROJECT DESCRIPTION
The purpose of this project is to document the current LSSI Library systems/applications,
determining future plans for the systems/applications, performing a fit-gap analysis, and
proposing a Library Information Systems Architecture and Implementation Plan. The project will
involve three (3) phases: information gathering and documentation of current library
systems/applications, information gathering and documentation of the future application desires
and strategic planning, and fit-gap analysis. Company will perform interviews, system reviews
and business case analyses in order to discover best-fit solutions for the new library facility.
1.2 PROJECT TEAM
Consultant' team for discovery, information gathering, and analysis will include the Project
Manager: Guy Reams and the members identified in the attached RFQ
1.3 PROPOSED ENGAGEMENT PROCESS
Consultant's team members will be engaged in reviewing, discussing and gathering information
in the fOllowing areas:
Phase I
Evaluate and Document Current Library Applications, Operational Requirements and
Plans of Service
A. Initial Discovery about City of Temecula Library
1. Walk through the proposal and make sure all deliverables are reasonable and
identified
2. General discussion about LSSI Systems
3. High-level fact finding about peripheral systems, IS systems
4. High-level discussion about City of Temecula Department, and LSSI Members
and their background
5. Plan interview dates and availability of City of Temecula Library team members
6. Identify any missing team members or overlay of team members roles
7. Layout a project plan for all phases
B. Detailed fact finding about City of Temecula Library, peripheral systems and IS
systems
C. Gather key system and programming information on LSSI Library and other related
system/applications
D. Interview key staff members regarding the current status of the library
systems/applications
8
E. Study all the business functionality, its process flow, its interdependencies and
connections with other systems, its required network and system infrastructure, and
the programming structure
F. Explore the current system architecture that supports LSSl Library applications and
analyzing performance in respect to the current system/application structure
G. Explore the high-level methods for the current development, QA and change control
processes
H. Document existing status of the library system. This includes:
1. Business function diagrams
2. System interdependencies
3. Voice and Data Communication paths
4. System architecture and application architecture
I. Document team members, organization and responsibilities
Phase II
Evaluate and Document the Future Plans, Strategies and Immediate Requirements
J. Identify and explore future features, business functionality, and goals for the
application
K. Identify performance criteria, performance demands for LSSI Library
systems/applications
L. Document future business goals for systems/applications as well as the performance
criteria and any realistic or unrealistic desires
Phase III
Fit-Gap Analysis
M. Analyze current systems, application architecture and system architecture for best
practices
N. Create options for best fit:
1. Process flow
2. Programming structure
3. System requirements
4. Growth strategies
5. System availability and maintenance
O. Analysis to include methods for achieving the proposed IS Architecture including
architectural schematics, functionality requirements, and an implementation plan.
9
Exhibit B:
Proposed Budget for Project Deliverables:
Systems Analysis Effort
Methodologies Investment
Project Management $3000
Requirements Discovery Process including all necessary interviews and artifact review $12000
Research and Analysis of Applications $8000
Phase 1: Evaluation and Documentation
Deliverables Investment
Provide Current System Documentation (as specified in RFQ) $4000
Presentation of ClJrrent Application State $1200
Phase 2: Fit-Gap Analysis
Deliverables Investment
Provide Analysis of LSSI Applications / City Architecture and Policies $600
Provide Analysis of Operational Goals and Technological Solutions $600
High Level Check and Balance with key players $600
Provide Review of LSSI Supporting Systems $300
Provide diagram of Proposed Systems Architectures $2400
Document Best Practices $300
Final Presentation $1200
Estimated Total $34,200.00
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27247 Madison Ave. Suite 600
Temecula, CA 92590
951.693.3000
June 10, 2005
Tim Thorson
43200 Business Park Drive
Temecula, CA 92590
Tim,
Thank you for the opportunity to respond to your RFQ for the new library. As a citizen of this
community, I am excited and encouraged that the City is expanding the role of education and
technology. This library is an opportunity to create something that will be a showcase of the vision and
inspiration of its creators. To be a small part of that would be an honor.
Included with this letter are four copies of the Qualification Summary as outlined in the Request for
Qualifications (IS-RFQ05l01). I feel that the system analysis and design team at Conduit Networks Inc
is well suited for this project because our company understands the objectives of the City and the
Information Systems department
I look foIward to working with you on this exciting project.
Sincerely,
IS-RFQ05/0 1
Statement of Qualification for
Temecula Library Enterprise Architecture
and Implementation Plan
Guy Reams
Senior Network Architect
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Conduit Networks Inc.
27247 Madison Ave. Suite 600
Temecula, CA 82580
www.conduitnetworks.com
.June 2005
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Contents
Summary....................................................... 3
Company Profile _............................................ 3
Qualification Summary..................................... 4
Methodology.................................................. 7
Proposed Budget for Project Deliverables . . . . . . . .. 1 1
Proposed Timeline................................... _ . . . .. 1 2
Client References.......................................... 13
Appendix - Sample Documentation...... _ . . . . . . . . . . .. 1 4
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Summary
Conduit Networks Inc is a consulting firm. Our
specialty is consulting. We have no significant interest
in reselling hardware and software. Although we favor
certain applications, we only do so because we have
learned what works. When we are hired on a project
our sole motivation is the success of our client.
Repeat business and solid relationships is how our
company succeeds.
Systems analysis and design is a unique specialty. The
skills required to deliver a successful project (on time
and within budget) are diverse. Our employees and
contractors are programmers, analysts, and network
engineers. Conduit Networks relies on years of
project management experience and a proven
methodology.
Conduit Networks Inc has a vested interest in helping
the City deliver on a successful project for the new
Library. Not only would a successful project like this
help to solidify the reputation of our company, we
would help build something very valuable to our
community. Helping the City to deliver technology
based learning systems to the community will be one
additional step in the direction of helping the region
attract more technology based businesses.
In short, Conduit Networks Inc is a highly qualified
local consulting firm with the energy and enthusiasm
to assist the City in creating a showcase of library
services for this community and the rest of the
region.
Company Profile
Conduit Networks Inc has been established in the
Temecula Valley as an incorporated entity since
February, 2003. The core mission of Conduit
Networks Inc has been to provide expert consulting
services in various technology areas. Markets that
Conduit Networks Inc has provided services for are in
Government, Health Care, Education, and Major
Retail Centers.
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Corporate Address
27247 Madison Ave. Suite 600
Temecula. CA 92590
MallinQ Address
39252 Winchester Rd. Suite 107-300
Murrieta, CA 92563
Contact Information
Web Address: www.conduitnetworks.com
Main Office: 951 .693.3000
Sales Office: 951 .296.0238
Fax: 951 .296.0239
Insurance CoveraQe:
Conduit Networks Inc carries $1,000,000 general
and professional liability, workers compensation, and
automobile liability policies.
Qualification Summary
Systems Analvsis and DesiQn Team
Guy Reams - Network Architect, Project Manager
MA - CaJjfomia State University; PhD Candidate - Computer
Information Systems
. 10 Years of Network Integration, Training, and
Systems Management experience
. Project Management experience and systems
analyst expertise, Instructor of CIS at MS.JC for
7 years
. Competent and thorough understanding of
information systems operation and network
architectures
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. Worked with MS.JC in developing plans for new
facilities including College Library and Technology
Center
. MCSE. MCT
Anthony Tooley - Software Architect
20 Years Experience in Software Management
. Application design and development for
government and education
. Experience in system design methodologies for
aerospace
.John Wical - Software Integration and Planning
MS Management of Information Systems, Claremont Graduate
University
. 1 2 years experience as Director of
Administrative systems for Loma Linda
University
. Direct experience with integration of library
systems with administrative systems for
student and employee access
. Expertise in 10 Card integration with
administrative systems
. Understanding of business processes and
project management life cycles
. Oracle DBA
Charles Meyer - Application Design
10 Years Experience in Commercial Software Development
. Expert in new and emerging software application
environments
. Development experience in educational
applications
. Software and database design expertise
Glenn Stevenson - System Design
MS - Azusa Pacific University; PhD Candidate - Compucer Science
. Software design and management experience
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. Competency in embedded systems, and various
development environments
. MCSD
Dwight Duffie - Senior Analyst
MS Management; of InfofYTlat;;on Systems, Claremont Graduat;e
University
. Expertise in communicating business needs and
requirements to technical and nan-technical
audiences
. 10 Year experience in software development
Collin Hollingsworth - Project Coordinator
15 Vears Experience in Project Management
. Management expertise of large complicated
projects
. Expertise in managing people and resources
William Bennett - Multimedia Specialist
25 Years Experience in Mu1eimedia. Audio. and Design Technologies
. Multimedia design expertise
. Experience with audia, videa, and data
technologies cammon to library environments
. MCSE, CIW
Brad Nixon - Technical Documentation
MA - National University; 5 Years Experience in Technical Writing
. Experience developing technical manuals,
curriculum, and documentation for large
projects
Kev Partnerships
Adrylan Communications Inc
Temecula. CA
. Education and government software consultants
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Americomp Infosystems
Murrieta, CA
. Local reseller and HP vendor
Anixter
Irvine. CA
. Communications product vendor
Enterprise Electric Datacom
Temecufa. CA
. Electrical and data communications, and data
center planning
Falcon Knight Inc
Menifee, CA
. Server systems planning and contingency
issues, UNIX consultants
Mt. San Jacinto College
Menifee, CA
. Conduit Networks Inc always involves expert
talent from the local college. We also like to
create internship opportunities when
appropriate!
Methodology
Top-Down TechnoloQV Model
Conduit Networks Inc uses a top-down approach to
analyzing proposed technologies for any new system.
This viewpoint requires that analysts examine key
organization level constraints and objectives while
considering the information systems applications and
data that are required. This relationship must be
understood and documented PRIOR to considering
networking and technology options. This will avoid
problems in which users are dissatisfied with
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applications, and in fulfilling the requirements of
technology managers.
Proiect ManaQement Approach
Projects are considered successful when an
information system is acceptable to the end user, the
system is delivered on time and within budget and
when the project has had minimal impact on day to
day operations. These factors are best achieved
through appropriate project management. Conduit
Networks Inc uses project management tools to
scope, plan, and schedule and organize all important
events in the systems analysis life cycle.
The beginning stages of this project will begin with the
creation of the project. This will be accomplished by:
. Negotiating the scope of the project with key
decision makers
. Identifying tasks by hosting joint planning
sessions
. Determining milestones for the project
. Calculating Task Durations and Dependencies
. Assigning Resources
Once a project plan has been created, a statement of
work is produced and expectations set for
requirements discovery documents. During the life
cycle of the project updated GANTT charts will be
produced to assist in monitoring the status of
milestone completion.
Requirements Discoverv
Conduit Networks Inc recognizes that requirements
discovery and a requirements definition report is the
most critical step in systems analysis. Consequently,
the majority of time allotted to the project will be
spent during this phase of the project. This effort is
designed to save the customer from getting
unexpected results. and the project from scope
creep.
Several Fact-Finding Techniques will be employed to
derive functional and non-functional requirements. As
outlined in the RFQ, these will consist of interviews
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with key personnel, LSSI employees, and county
library administration. A highly successful technique is
using well organized joint requirements planning
sessions. Conduit Networks will organize, facilitate,
and conduct several of these sessions in order to
produce the most accurate discovery process
possible.
Other techniques that will be deployed are the analysis
of system documentation, site visits, and observation
of other working environments.
Svstem Analvsis
The systems analysis life cycle followed by Conduit
Networks consists of the following phases:
Scope Definition and Requirements Discovery
This phase begins the process of defining the
boundaries of the project and develops a
working model for the remainder of the analysis
cycle. Key to this process is negotiating tasks
and communicating a plan to all key players in
the process.
Problem Analysis and Business Process Review
Identifying potential problem areas or domains is
critical to a successful project plan. This phase
places this critical consideration early in the
planning stages. A careful consideration of
business processes and setting objective for
improvements is important before the process
of fact finding begins.
Requirements Analysis
This phase formalizes the fact finding portion of
the project plan. The primary goal is to identify
functional and nonfunctional requirements and
potential constraints of the information systems
in question. After this identification process, a
prioritization effort is undertaken with key
decision makers.
Logical System Design
This phase creates models and test cases for
successful applications. Defining what the logical
system will look like and how the requirements
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of any new system will integrate with existing
applications and procedures.
Decision Ana/ysis
The final phase of the process is to identify and
analyze potential candidate solutions using a
comparison matrix. Ultimately, this phase will
produce the recommended solution.
Feasibility Analvsis
Once a recommended solution has been reached the
solution must be analyzed for feasibility. The essential
tests for feasibility are operational, technical, time,
and expense. In Phase 2 of the proposed project,
Conduit Networks Inc will provide this analysis as part
of the defined fit-gap analysis.
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Proposed Budget for Project Deliverables
Systems Analysis Effort
Methodologies Investment
Project Management $3000
Requirements Discovery Process including all $12000
necessary interviews and artifact review
Research and Analysis of Applications $BOOO
Phase 1: Evaluation and Documentation
Deliverables Investment
Provide Current System Documentation (as $4000
specified in RFGJ
Presentation of Current Application State $1200
Phase 2: Fit-Gap Analysis
Deliverables Investment
Provide Analysis of LSSI Applications / City $600
Architecture and Policies
Provide Analysis of Operational Goals and $600
Technological Solutions
High Level Check and Balance with key players $600
Provide Review of LSSI Supporting Systems $300
Provide Potential System Architectures $2400
Document Best Practices $300
Final Presentation $1200
Estimated Total" $34200.00
*Estimate only until project scope and requirements are finalized
11
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Client Refe....ences
David Bazan, Director of Information Systems
Val Verde Unified School District
. District Wide Active Directory Integration
Project
Tim Thorson, Director of Information Systems
City of Temecula
. Active Directory and Exchange Migration Project
John Lenertz. General Manager
Western Athletic Supply
. CRM Integration Project
Jeff Berry, Owner
Leisure Living Superstore
. Network Systems Implementation Project
13
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Appendix - Sample Documentation
Use-Case Modelin!'l (for requirements discovery)
Petron
TVUSD Student
System
Manage Compuijng
Environment
ISSlaff
Requirements Definition Reoort
1. Introduction
1.1. Purpose
1.2. Backqround
1. 3. Scope
2. Requirements and Constraints
2.1. Functional Requirements
2.2. Nonfunctional Requirements
2.3. Constraints
3. Conclusion
3.1. Problem Domains
14
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Interview Guide
Interviewee: Tim Thorson, Director of Information Systems
Date: June 10th 2005
Time: 4:00pm
Place: City Hall
Subject: Information Systems Applications
Time Question or Objective Interviewee Response
Al.l.oeated
1 to 2 Introduction of
Min. Objective
5 min. Question 1
What application would
you identify as the
being the most
important in relation
to 1S81 integration?
5 min. Question 2
What are the business
functions targeted by
this application?
5 min. Question 3
continued
Process Diaqrams
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15
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Candidate Systems Matrix
Characteristic Candidate 1 Candidate 2 Candidate. .
Security of mSD VPN solution provides Public web folder
Facilities Maintained adequate security, security maintained
however subject Co ., long as password
internal security not
vulnerabilities compromised
Benefits Consistent and Simple to manage,
reliable understandable by
connectivity. Students, Accessible
Perimeter will from Home
defined
Software Tools Requires Capable firewalls. Web browser ~d
Information Systems Architecture
Pmsentaton
Logic
LSSI Termirnll
Application
Pl'esentatlon
User
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Service
Request
Information
Service
Res~onse
.
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Application Logic
Application Server
equest to Create
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Database
Response lO
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16
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Network Architecture
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17
ITEM 13
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
James O'Grady, Assistant City Manager~
July 26, 2005
DATE:
SUBJECT:
Approve the Sponsorship Request For "The Temecula Rock'n Rod Run"
Prepared by: Gloria Wolnick, Marketing Coordinator
RECOMMENDATION: 1) That the City Council approve "The Temecula
Rock'n Rod Run" Sponsorship Agreement with P & R Foundation and authorize the
Mayor to execute the Agreement.
2) That the City Council appropriate $11,475 from the unallocated reserves of the
General Fund for sponsorship costs.
DISCUSSION:
On June 28, 2005, the City Council approved preliminary plans for P & R Foundation to
produce The Temecula Rock'n Rod Run to be held in Old Town Temecula on March 11
& 12, 2006. The event will feature a Friday night cruise and infonmal car display, with
the show and awards ceremony being held on Saturday, March 12th.
The attendance for previous car show events held in Old Town Temecula have ranged
between 40,000 - 45,000 people. The Temecula Rock'n Rod Run will showcase a cross
section of approximately 650 classic cars, hot rods, and custom cars as well as vendors.
The car show will feature an old time Rock-n-RolI theme, with one or more classic Rock
and Roll bands, a car cruise, Show and Shine, and an awards ceremony. This will be
an alcohol free event.
Temecula car shows provide great exposure for Temecula both on a local and national
level. This event increases tourism revenue for the City's restaurants, hotels, shopping
centers and wineries. Furthermore, this.event will serve as a fund raiser with 25% of the
net proceeds up to a maximum of $5,000 directed towards approved local non-profit(s),
which would be approved by the City's Economic Development Subcommittee. Other
local service groups such as the Boys and Girls Scouts of America, Boys and Girls Club,
etc. will also be supported by seeking to include them in event activities.
\\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
The Sponsorship Agreement provides funding for "The Temecula Rock'n Rod Run" for
actual City support costs which are estimated to be approximately $31,000. In addition,
the City will pay the Producer in advance for costs of up to $6,500 pertaining to live
entertainment, $2,300 to cover costs of t-shirts, mugs, and mailing which were part of
The Good Old Days Car Show pre-registration and up to $2,675 for jackets for the 2005
car show winners. Producer will provide receipts to the City for the entertainment and
jackets. The Producer will be responsible for costs that exceed the City's contribution
for the entertainment and jackets. The Producer will refund the City with any excess
funds for the entertainment and jackets.
Due to the fact that the car show promotes tourism in Temecula, the funding of City
support services, entertainment, and promotional items would come from the General
Fund's budget. There will be no commissions paid to any party for the City of
Temecula's sponsorships.
FISCAL IMPACT: The City support costs for The Temecula Rock'n Rod Run
are included in the FY 2005-06 Operating Budget of the various support departments for
the recommended sponsorship amounts. Additional funding of up to $11,475 would
require an appropriation from the City's FY2005-06 Unreserved General Fund at the
time that the sponsorship agreement is approved.
ATTACHMENTS:
Temecula Rock'n Rod Run
Attachment A - Sponsorship Package
Attachment B - City Support Services and Estimated Costs
Attachment C - 2006 Budget and Event Overview
Attachment 0 - Sponsorship Agreement/Model Conditions of
Approval
\\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
ATTACHMENT A
Temecula Rock'n Rod Run
Sponsorship Package
City name or logo on all flyers (minimum 15,000)
City name on posters
City logo in all ads
City name on event t-shirts
Ten free event t-shirts
Booth space to promote the City of Temecula
\\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
ATTACHMENT B
Temecula Rock'n Rod Run
City Support Services and Estimated Costs
Below are the estimated City generated services and their costs provided to P & R
Foundation for "The Temecula Rock'n Rod Run."
Staffing in various classifications is dependent upon event configuration and anticipated
needs.
Police Services
Service costs: $15,000.00
Fire Services
Service costs: $ 4,400.00
Public Works
Service costs: $ 5,700.00
Community Services
Service costs: $ 2,700.00
Code Enforcement:
Service costs: $ 2.500.00
TOTAL ESTIMATED SERVICE COSTS: $30,300.00
\\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
ATTACHMENT C
Temecula Rock'n Rod Run
2006 Budget and Event Overview
\\San3\city manager\ Wolnickg\Agendarcports\Temecula Rock'n Rod Run '06.doc
:F~Il FOV1U>A.TIOI (!J' THE I>IlIFTEIl8 ~A.Il ~LV:m
39252 Winchester Rd, #107.361
Murrieta, CA 92563
951.325-7100 Fax 951-346-3712
20th Annual
Temecula Rock'n Rod Run
March 10 & 11 2006
1. Again, we would like to thank the City of Temecula for the opportunity to submit a proposal
for the 2006 Spring Rock'N Rod Run. We propose that this event would benefit the
Temecula Police Cadets & one other non-profit organization TBD. We 'will use a similar
format that we have used for the last five years in promoting the Fall Car Show. In addition,
as always we will continue to refine it to be even more merchant and community friendly.
a. We will keep the very successful Friday night cruise and a Saturday show & shine
format. We have had great success with this format, and we believe we can place 650
vehicles; this includes the 300 vehicles that have pre registered. There will be no
charge to the 300 Pre registered but we would ask the city to reimburse the $6.50 to
cover the cost ofa free T-Shirt and Souvenir mug, estimate cost to the City $1800.
b. Registration will be held at the Hampton Hotel on Thursday lOam to 6 pm, Friday
9am to 6:30 & Saturday morning until 9:00 am, at this time we will also give out
Jacket Awards from the past February show unless Central Coast Productions takes
care of this expense. Estimated cost to the city $2675.00
i. Friday Night March 10, 2006: We would like to have the streets blocked off
from 1:00pm to 8:30pm, if we do entertainment we would like them blocked
until II pm. The crowds that came down town to watch the cruising have
always been tremendous, this along with the success of the merchants &
vendors doing business on Front Street, will make this Friday night very
successful for all!
11. Vendors Friday evening: will be allowed to set up starting at 1:00pm,
allowing them the opportunity to join in the evening festivities, The Vendors
they like this arraignment. We may also have name entertainment at a sight to
be determination based on the weather and economics.
iii. On Saturday March 11,2006: Streets blocked from 5:00 am to 4:30 pm. We
wi1\ use all of Front Street, and the business parking lots on the facing Front
Street, the Stampede parking lot, the 6th street parking lot, and any other space
we deem necessary to accommodate the 300 pre-registered vehicles, we
anticipate 650 plus vehicles for this event. A limited amount of space on side
streets on the east side will remained open to Public !Merchant parking
and up to 20 cars facing west on Main Street to the bridge.
iv. On Saturday March 11: We plan to feature the Legends of Rock playing
great hits of the Fifties & Sixties. The groups we are presently looking at are
The Supremes, The 0' Jays, The Penguins, The Four Tops and More!
(Subject to availability)
v. Our Events are always alcohol free events.
Vendors will be placed on the corners of each street same as in the fall. We
feel this is Important for our event. We want to use the 6th street parking lot
place the import cars along with some; vendors. (We expect to loose the Pool
lot, Butterfield SQ & the 4th street lot for vendors in 2006) This will be a big
economic loss to the event if we do not get the 6th street parking lot.
vi. Event ends at 4:30pm on Saturday.
vii. In the past three vears. The Press Enterprise has declined to participate in a
advertising support. Weare in all major cruise magazines along with their
web sights. This will reflected in the increased registered vehicles, and
public viewing. We expect to have this media coverage continue.
viii. We will work with all vendors who may have paid to get them space or the
address of Central Coast Productions so they may put in reimbursement.
· Overall event costs for event organizers; Drifters Car Club will be given $400.00 for the
help in parking cars, judging and over all supervision of vendors. P&R Foundation will be
reimbursed for there marketing & sales & business expenses we guarantee to give at least
$5,000.00 or 25% of net which ever is lower to our listed charities.
· The Drifters Car Club is California Non Profit organization # 2503460 as of April 15- 03
· P&R Foundation does have a 50l-3C number.
· Key officers are Randy Haapala, Ray Waite, Ronda Henne & Pat Vesey
· The Old Town Merchants seem to appreciate the fall event, I know we can get them to like
the March event. They do not loose two full days with road closures. I know we will stage
a great event benefiting the city, restaurants, Hotels & Merchants.
· We will have a media day at some location within the city; we have not determined a place
or date yet!
CHANGE: The price to register a vehicle from last two years was $40.00 for pre-registered
vehicles and move $60.00 day of event. We will charge $30.00 pre registration ($35 Late
Registration) that includes aT-shirt & Souvenir Mug.
AS HOST CITY, THE CITY OF TEMECULA WILL RECEIVE
Name or logo on all flyers (min 15,000)
Name on Posters
Logo in all Ads'
Name on T-Shirts
Ten free Event T-Shirts
Booth space to promote the city of Temecula
First Year Cost to the City
Award Jackets $2675
300 T-shirt & Mugs $1800
First year Entertainment $6500
Mailing to our Complete Data Base $500
Total Cost to City $11,475
P&R Foundation & the Drifters Car Club have produced very
successful car events in Southern California. We expect
everything to go smoothly, because of the support we get
From the City ofTemecula Service Departments
Temecula Rock'N Rod Run March 10 & 112006
Budaet Notes
Revenue
Car Reoistrations (600) 300/300 $ 9,000.00 Est. 300 Reoistered already ($9000)
Sponsors $ 12,000.00
Vendors $ 10,000.00 Est. $2000
Citv Sponsorship $ 6,500.00 City Sponsorshio
T-shirt Sales $ 1,600.00 City Relmbunsement
T-Shirt 7 Mug to 300 Pre Registered
Raffle $ 2,500.00
One Time Mailing to Data Base $ 500.00 City Reimbursement
2005 Award Jackets $ 2,675.00 Cilv Reimbunsement
Trophy Sponsors $ 3,500.00
Total $ 48,275.00
Expenses
2005 Award Jackets (Central Coast) $ 2,675.00
Flyers $ 700.00
Final Dinner $ 210.00
Car mileage & Show Fees $ 1,500.00
Awards $ 3,500.00
Posta~e $ 1,000.00
Rentals $ 1,200.00
Phone $ 210.00
Music/Entertainment $ 6,500.00
Clean UD $ 1,500.00
Insurance $ 1,342.00
Communications Eauipment $ 150.00
T-shirts / hats $ 8,500.00
Souvenir Muas $ 625.00
Porta Potties $ 1,400.00
Drifters Car Club Parkina etc. $ 400.00
SUDPlies $ 580.00
Miscellanies costs $ 1,000.00
Refreshments Meetings $ 250.00
Advertisina $ 1,000.00
1)10x10 Tents $ 387.00
SDonsor Plaaues $ 250.00
Reaistration Help $ 400.00
Gift $ 250.00
Permits counlv $ 284.00
Volunteer Awards $ 360.00
Posters $ 1,200.00
Web maintenance $ 219.00
Stan Mavo DJ $ 250.00
Revs EXDenses $ 250.00
Permits Fee's City $ 494.00
Total Expenses $ 38,586.00
Revenue $ 48,275.00
Net Revenue $ 9,689.00
To Non Profit $ 2,422.00
Award Jackets J, $ 2,675.00 City will pay costs
Shirt & Mug to 300 pre Registered $ 9,000.00 P&R will forgo the costs
T-Shirt & Mug to each Pre Registere $ 1,800.00 P&R Would Like to be Reimbursed
Vendors We will work with them to recover their costs. No cost to the cityl
One time Sponsorship to cover cost ofl $ 6,500.00
ATTACHMENT D
Temecula Rock'n Rod Run
Model Conditions of Approval
,2005
Subject:
Planning Application No. PA_-_ (Temporary Use Permit) for The
Temecula Rock'n Rod Run to be held in Old Town Temecula on
March 10,2006,1:00 PM to 11:00 PM and March 11,2006,2006,5:00
AM - 4:30 PM.
Dear Mr. Waite:
Planning Application No.
conditions of approval:
PA -
IS hereby approved subject to the following
City of Temecula Planning Department
I. The permittee/applicant shall indemnify, protect, defend, and hold harmless, the
City and any agency or instrumentality thereof, and/or any of its officers,
employees, and agents from any and all claims, actions, or proceedings against
the City, or any agency or instrumentality thereof, or any of its officers,
employees and agents, to attack, set aside, void, annul, or seek monetary damages
resulting from an approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by
the voters of the City, concerning the Planning Application PA_-_ which
action is brought within the appropriate statute of limitations period and Public
Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not
by the way of limitations Section 21152 and 21167). The City shall promptly
notify the permittee/applicant of any claim, action, or proceeding brought forth
within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require
additional deposits to cover anticipated costs. City shall refund, without interest,
any unused portions of the deposit once the litigation is finally concluded. Should
the City fail to either promptly notify or cooperate fully, permittee/applicant shall
not, thereafter be responsible to indemnify, defend, protect, or hold harmless the
City, any agency of instrumentality thereof, or any of its officers, employees, or
agents. Should the Applicant fail to timely post the required deposit, the Director
may terminate this Temporary Use Permit without further notice to the Applicant.
\\San3\city manager\ Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
2. The applicant as the main sponsor of the Temecula Rock'n Rod Run shall obtain
insurance in the amounts set forth in the July 26, 2005 Agreement. The applicant
shall also require that all participating food and non-food vendors identified on
Exhibit C and the private security company used for this event provide evidence
of general liability insurance in the amount of $1,000,000. The certificates must
show the City of Temecula, City of Temecula Redevelopment Agency and the
applicant as additional insured.
3. All insurance certificates shall be submitted to and approved by the City of
Temecula Finance Department no later than January 10, 2006.
4. All food and non-food vendors who are approved to be located in the road right-
of-way areas of the site plan for this event shall not set up prior to 5:00 AM on
March 11, 2006.
5. All food and non-food vendors shall display a laminated authorization card
provided by he applicant indicating the name of the vendor and space number.
6. This event is approved for March 10, 2006, from I :00 PM - II :00 PM and March
II, 2006, 5:00 AM - 4:30 PM per the approved business plan, Exhibit B. The
Conditions of Approval shall supersede the approved Business Plan where there is
a conflict between the two documents.
7. All on-street car display parking within the event area shall be parallel in order to
maintain required emergency access.
8. The event shall be developed per the approved site plan, Exhibit A.
9. Code Enforcement Officers shall be assigned to the event on March 10,2006 and
March 11,2006.
City of Temecula Building and Safety Department
10. Applicant shall obtain temporary electrical permits for any electrical provided for
this event. Inspections of proper grounding of power generators and power cable
installations are required and shall be scheduled 24 hours in advance.
II. An adequate amount of handicapped parking spaces shall be provided as indicated
on the approved site plan, Exhibit A. Parking lots and spaces shall be clearly
marked for handicapped use.
12. Off-site signs are not allowed in the City of Temecula without authorization from
all property owners and the Community Development DirectorlDeputy City
Manager. Applicants shall obtain permits from the City of Temecula Planning
\\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
Department for all approved sign locations.
City of Temecula Public Works Department
13. The applicant shall submit a completed Special Event Package Application to the
City of Temecula Public Works Department no later than December 2005 (90
days prior to the event) with the $100 application fee.
14. All off-street parking shall be accessed through existing curb cut driveway
approaches only. No entry shall be permitted over standard curbs.
IS. All No Parking restrictions throughout the event must be adhered to.
16. No participant shall use, sell or distribute any self-adhesive stickers during this
event.
City of Temecula Fire Protection Bureau
17. Applicant shall comply with all comments and conditions outlined in the attached
letter from the City of Temecula Fire Prevention Bureau dated _,
Riverside County Health Department
18. Applicant shall comply with all comments and conditions outlined in the attached
letter from the Riverside County Health Department dated
Temecula Police Department
19. Applicant shall comply with all comments and conditions outlined in the attached
letter from the Temecula Police Department dated -----> _'
Temecula Community Services Department
20. Applicant shall comply with all comments and conditions outlined in the attached
letter from the Temecula Community Services Department dated _,
\\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
Should you have any further questions regarding these conditions, please do not hesitate
to contact me at (951) 694-6400.
Sincerely,
Knute Noland
Development Processing Coordinator
By placing my signature below, I confirm that I have read, understand and accept
aU the above-mentioned Conditions of Approval. I further understand that any
changes I may wish to make to the event shall be subject to Planning Department
approval.
Applicant
cc: Lynn Fanene - City of Temecula Police Department
Kevin Harrington - City of Temecula Community Services Department
Brad Buron - City ofTemecula Public Works Department
Mike Horton - City of Temecula Fire Protection Bureau
John Meyer - City of Temecula Redevelopment Department
Marianne Parker - City of Temecula Planning Department (Code Enforcement)
California Highway Patrol- Temecula Office
\\San3\city manager\ Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc
SPONSORSHIP AGREEMENT BETWEEN
CITY OF TEMECULA AND
P & R FOUNDATION
This Agreement, is made and effective this 26th day of Julv. 2005, by and
between the CITY OF TEMECULA, (hereinafter referred to as "City"), and P & R
Foundation, a California non-profit corporation (hereafter referred to as "Producer"). In
consideration of the mutual promises set forth herein, it is agreed by and between the
parties as follows:
A. Producer shall operate "The Temecula Rock'n Rod Run" on March 10 &
11, 2006. "The Temecula Rock'n Rod Run" will be a special event located in Old Town
Temecula involving the display of approximately 650 hot rods and classic cars along with
related concessions and vendors ("Car Show"). No alcohol will be served. The event is
expected to draw between 40,000 - 45,000 people for the event
B. The City of Temecula desires to be a "Premier Sponsor" of the 2006
Temecula Rock'n Rod Run.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. City shall provide the necessary City Public Works, Community Services,
Code Enforcement, Fire and Police support services for the Car Show. The estimated
City support costs are not to exceed $31,000. In the event that City support services
exceeds $31,000, the sponsor may seek City authorization for payment above that
amount. In addition, the City will pay the Producer in advance for costs of up to $6,500
pertaining to live entertainment, $2,300 to cover cost of t-shirts, mugs, and mailing which
were part of The Good Old Days Car Show pre-registration and up to $2,675 for jackets
for the 2005 car show winners. Producer will provide receipts to the City for the
entertainment and jackets. The Producer will be responsible for costs that exceed the
City's contribution. The Producer will refund the City with any excess funds for the
entertainment and the jackets.
In exchange for the City of Temecula providing such support, the City shall be
designated as "Premier Sponsor" of "The Temecula Rock'n Rod Run." As a "Premier
Sponsor," the City of Temecula shall receive the benefits as listed in Attachment B.
B. Producer agrees to provide 25% of the net proceeds of the Car Show up
to a maximum of $5,000 to approved local non-profit organization(s) designated by the
Producers with the approval of the City's Economic Development Subcommittee.
Producers shall also support other local service groups by seeking to include them in
event activities to the extent reasonably practicable. Within 30 days following the Car
Show, Producer shall pay these funds.
C. Within 60 days following the Car Show, Producer shall prepare and
submit to the Assistant City Manager a written report evaluating the Car Show, its
attendance, and describing the materials in which the City was listed as a "Premier
Sponsor." The report should also include samples of media press clippings, flyers,
pamphlets, etc. in a presentation notebook format. In addition, a complete financial
statement to include a balance sheet and income statement of The Temecula Rock'n
Rod Run must be provided along with a separate statement indicating the distribution of
the funds.
D. Producer shall file applications for Temporary Use Permit and Special
Event Permit with the City of Temecula no later than ninety (90) days proceeding the first
day of the Car Show. City retains its governmental jurisdiction to determine whether to
issue the permits and the nature and scope of conditions of approval. Producers shall
comply with all conditions of approval of the permits.
E. Once the Temporary Use Permit and Special Event Permit applications
have been submitted, the permits approved, the permit conditions agreed to in writing,
and the event agreement has been executed in final form, Producer will receive City
Support Services for the Car Show, as outlined in the agreement.
F. Producer shall defend, indemnify and hold the City, the Redevelopment
Agency of the City of Temecula and their elected officials, officers, agents, and
employees free and harmless from all claims for damage to persons or by reason of
Producers acts or omissions or those of Producer's employees, officers, agents, or
invitees in connection with Car Show to the maximum extent allowed by law.
G. Producer shall secure from a State of California admitted insurance
company, pay for and maintain in full force and effect for the duration of this Agreement
a policy of comprehensive general liability in which the City of Temecula and the
Temecula Redevelopment Agency is named insured or is named as an additional
insured with the Producer and shall furnish a Certificate of Liability by the City. The
applicable evidence of insurance shall be submitted to the City not less than thirty (30)
days prior to the Car Show. Producer acknowledges and agrees that City may terminate
this Agreement and revoke the Temporary Use Permit and Special Event Permit in the
event that evidence of insurance complying with the requirements of this Section is not
received on or before thirty (30) days prior to the Car Show. Notwithstanding any
inconsistent statement in the policy or any subsequent endorsement attached hereto,
the protection offered by the policy shall include;
1. Include the City and the Temecula Redevelopment Agency as the insured
or named as an additional insured covering all claims arising out of, or in
connection with, The Temecula Rock'n Rod Run.
2. Include the City and the Temecula Redevelopment Agency, its officers,
employees and agents while acting within the scope of their duties under
this Agreement against all claims arising out of, or in connection with The
Temecula Rock'n Rod Run.
3. Provide the following minimum limits of insurance:
(A) General Liability: Two million dollars ($2,000,000) per occurrence
for bodily injury, personal injury and property damage with a
$2,000,000 aggregate.
4. The insurer shall agree to waive all rights of subrogation against the City,
its officer, officials, employees and volunteers for losses arising from Car
Show.
5. Bear an endorsement or shall have attached a rider whereby it is
provided that, in the event of any modification, expiration, or proposed
cancellation of such policy for any reason whatsoever, the City shall be
notified by registered mail, postage prepaid, return receipt requested, not
less than thirty (30) days beforehand.
6. Any deductible or self-insured retention must be declared to and
approved by the City. At the option of the City, either the insurer shall
reduce or eliminate such deductible or self-insured retention as respects
the City, its officers, officials and employees or Producer shall procure a
bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
H. Should any litigation be commenced between the parties, hereto,
concerning the provisions of this Agreement, the prevailing party concerning the
provisions of this Agreement, the prevailing party in such litigation shall be entitled to
reasonable attorney's fees, in addition to any other relief to which it may be entitled.
I. 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:
Agency:
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
Attention: Assistant City Manager
Producer:
P & R Foundation
39252 Winchester Rd., Suite 107-361
Murrieta, CA 92563-3610
J. Producer shall adhere to the Model Conditions of Approval, which are attached
hereto as Attachment A, which incorporated herein, and as may be modified in the
conditions of approval of the Temporary Use/Special Event Permit. Any violation of this
document is subject to termination of this Sponsorship Agreement.
,. . ' "
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
DATED:
P & R Foundation
CITY OF TEMECULA
Ray Waite
39252 Winchester Rd., Suite 107-361
Murrieta, CA 92563-3610
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTACHMENT A
Temecula Rock'n Rod Run
Model Conditions of Approval
,2005
Subject:
Planning Application No. PA_-_ (Temporary Use Permit) for The
Temecula Rock'n Rod Run to be held in Old Town Temecula on
March 10,2006,1:00 PM to 11:00 PM and March 11,2006,2006,5:00
AM - 4:30 PM.
Dear Mr. Waite:
Planning Application No. PA_-_ IS hereby approved subject to the following
conditions of approval:
City of Temecula Planning Department
I. The permittee/applicant shall indemnify, protect, defend, and hold harmless, the
City and any agency or instrumentality thereof, and/or any of its officers,
employees, and agents from any and all claims, actions, or proceedings against
the City, or any agency or instrumentality thereof, or any of its officers,
employees and agents, to attack, set aside, void, annul, or seek monetary damages
resulting from an approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by
the voters of the City, concerning the Planning Application PA_-_ which
action is brought within the appropriate statute of limitations period and Public
Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not
by the way of limitations Section 21152 and 21167). The City shall promptly
notify the permittee/applicanl of any claim, action, or proceeding brought forth
within this time period. The City shall estimate the cost of the defense of the
action and applicant shall deposit said amount with the City. City may require
additional deposits to cover anticipated costs. City shall refund, without interest,
any unused portions of the deposit once the litigation is finally concluded. Should
the City fail to either promptly notify or cooperate fully, permittee/applicant shall
not, thereafter be responsible to indemnify, defend, protect, or hold harmless the
City, any agency of instrumentality thereof, or any of its officers, employees, or
agents. Should the Applicant fail to timely post the required deposit, the Director
may terminate this Temporary Use Permit without further notice to the Applicant.
2. The applicant as the main sponsor of the Temecula Rock'n Rod Run shall obtain
insurance in the amounts set forth in the July 26, 2005 Agreement. The applicant
shall also require that all participating food and non-food vendors identified on
Exhibit C and the private security company used for this event provide evidence
of general liability insurance in the amount of $1,000,000. The certificates must
show the City of Temecula, City of Temecula Redevelopment Agency and the
applicant as additional insured.
3. All insurance certificates shall be submitted to and approved by the City of
Temecula Finance Department no later than January 10,2006.
4. All food and non-food vendors who are approved to be located in the road right-
of-way areas of the site plan for this event shall not set up prior to 5:00 AM on
March 11,2006.
5. All food and non-food vendors shall display a laminated authorization card
provided by he applicant indicating the name of the vendor and space number.
6. This event is approved for March 10, 2006, from 1 :00 PM - 11 :00 PM and March
11,2006,5:00 AM - 4:30 PM per the approved business plan, Exhibit B. The
Conditions of Approval shall supersede the approved Business Plan where there is
a conflict between the two documents.
7. All on-street car display parking within the event area shall be parallel in order to
maintain required emergency access.
8. The event shall be developed per the approved site plan, Exhibit A.
9. Code Enforcement Officers shall be assigned to the event on March 10,2006 and
March 11,2006.
City of Temecula Building and Safety Department
10. Applicant shall obtain temporary electrical permits for any electrical provided for
this event. Inspections of proper grounding of power generators and power cable
installations are required and shall be scheduled 24 hours in advance.
11. An adequate amount of handicapped parking spaces shall be provided as indicated
on the approved site plan, Exhibit A. Parking lots and spaces shall be clearly
marked for handicapped use.
12. Off-site signs are not allowed in the City of Temecula without authorization from
all property owners and the Community Development DirectorlDeputy City
Manager. Applicants shall obtain permits from the City of Temecula Planning
Department for all approved sign locations.
City of Temecula Public Works Department
13. The applicant shall submit a completed Special Event Package Application to the
City of Temecula Public Works Department no later than December 2005 (90
days prior to the event) with the $100 application fee.
14. All off-street parking shall be accessed through existing curb cut driveway
approaches only. No entry shall be permitted over standard curbs.
15. All No Parking restrictions throughout the event must be adhered to.
16. No participant shall use, sell or distribute any self-adhesive stickers during this
event.
City of Temecula Fire Protection Bureau
17. Applicant shall comply with all comments and conditions outlined in the attached
letter from the City of Temecula Fire Prevention Bureau dated _,
Riverside County Health Department
18. Applicant shall comply with all comments and conditions outlined in the attached
letter from the Riverside County Health Department dated
Temecula Police Department
19. Applicant shall comply with all comments and conditions outlined in the attached
letter from the Temecula Police Department dated _, _
Temecula Community Services Department
20. Applicant shall comply with all comments and conditions outlined in the attached
letter from the Temecula Community Services Department dated
Should you have any further questions regarding these conditions, please do not hesitate
to contact me at (951) 694-6400.
Sincerely,
Knute Noland
Development Processing Coordinator
By placing my signature below, I confirm that I have read, understand and accept
all the above-mentioned Conditions of Approval. I further understand that any
changes I may wish to make to the event shall be subject to Planning Department
approval.
Applicant
cc: Lynn Fanene - City of Temecula Police Department
Kevin Harrington - City of Temecula Community Services Department
Brad Buron - City of Temecula Public Works Department
Mike Horton - City of T emecula Fire Protection Bureau
John Meyer - City of Temecula Redevelopment Department
Marianne Parker - City of Temecula Planning Department (Code Enforcement)
California Highway Patrol- Temecula Office
ATTACHMENT B
Temecula Rock'n Rod Run
Sponsorship Package
City name or logo on all flyers (minimum 15,000)
City name on posters
City logo in all ads
City name on event t-shirts
Ten free event t-shirts
Booth space to promote the City of Temecula
ITEM 14
CITY ATTORNEY
DIRECTOR OF FINAN
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Grant Yates, Assistant to City Manager
DATE: July 26, 2005
SUBJECT: 2-Year Agreement with Animal Friends of the Valleys for Animal Control Services
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council:
1. APPROVE a two-year contract for Animal Control Services with Animal Friends of the
Valleys not to exceed $150,000 per year.
2. AUTHORIZE the City Manager to approve additional service not to exceed $10,000 in
contingency.
BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys,
(formerly L.EAF.), since 1995 for animal control services. Animal Friends of the Valleys has
performed very well during this period, and City staff, including the Police Department, has been
very satisfied with the services they provide.
This Agreement is for a period of two years. The current contract expired on June 30, 2005. It
is staff's intent, in extending this contract for two years, to work with Animal Friends of the
Valleys as they continue to explore the concept of building a regional shelter. The Cities and
County have successfully formed a joint-powers authority (JPA) which will greatly assist in the
effort to construct and operate a new animal shelter in SW Riverside County.
The flat fee for animal control services for 2005-07 will be set at $12,500 per month. This flat
rate is a result of the estimated animal control service hours and mileage for service during the
upcoming year. It also reflects the addition of a half-time officer that was hired to assist with the
additional animals that will result from the annexation of Redhawk.
Animal Friends of the Valleys will provide 1 Y:z full time Animal Control Officers, a fully equipped
vehicle, and shelter for City of Temecula's animals. The Animal Control Officer will be serving
the City of Temecula 12 hours, 5 days a week as after hour, weekends and emergency calls.
The administrative staff will also conduct hearings for animal control problems. The above
mentioned rate will cover 260 Animal Control Officer hours, as well as 4,000 miles and house on
average 86 animals per month.
This contract amendment also requires Animal Friends of the Valleys to manage the
administrative citation function relative to animal control services. This amendment also
recognizes that the animal shelter JPA is formed and Animal Friends of the Valleys will return,
R:\PAPAGG\AGENDAS\lEAF Agreement 2005.doc
upon receipt by the City, the approximate $40,102 that Animal Friends had accumulated from
the 2000 licensing/marketing program that was created with the 2nd contract amendment. This
program was an early attempt tor aise money f or the shelter and this program is no longer
needed due to the formation of the JPA.
FISCAL IMPACT:
All costs associated with this contract have been included in the fiscal year 2005-06 Operating
Budget.
ATTACHMENT:
Agreement
R:\PAPAGG\AGENDAS\LEAF Agreement 2005.doc
Animal Friends of the Valleys
City of Temecula
Estimated 2005-2006 Service Contract
SERVICES PROVIDED: NUMBER: RATES: TOTAL:
Animal Control Service Hours 3,120 $ 58.50 $ 182,520.00
Number of Stray Animals 1,032 $ 35.00 $ 36,120.00
Mileage 48,000 $ 0.96 $ 46,080.00
Total Service Provided $ 264,720.00
Additional part-time animal control officer plus vehicle has been added to cover service area of Temecula.
REVENUE SOURCES: NUMBER: RATES: TOTAL:
Dog Licenses Sold 4,000 $ 24.93 $ 99,720.00
Monthly Contract 12 $ 12,500.00 $ 150,000.00
Citation Revenue $ 15,000.00
Total Revenue Sources $ 264,720.00
Additional licenses are added to cover the Redhawk area and the increase in unaltered licenses.
AFV retains $6.00 per license for processing. $24.93 is net of processing charge.
AGREEMENT
FOR ANIMAL CONTROL SERVICES
BETWEEN THE CITY OF TEMECULA
AND ANIMAL FRIENDS OF THE VALLEYS (aka L.EAF.)
THIS AGREEMENT is made and effective as of July 1, 2005 between the City of
Temecula, a municipal corporation ("City") and Animal Friends of the Valleys ("Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 30,
2007, 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 time 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 ofT emecula. 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 Twelve Thousand Five
Hundred Dollars and No Cents ($12,500.00) per month and in no event this amount shall not
exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) annually for a total
contract amount of Three Hundred Thousand Dollars and No Cents ($300,000.00) for the total
term of the Agreement unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement which are in addition to those set forth herein, unless such
additional services are authorized in advance and in writing by the City Manager. Consultant shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager and 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 Thousand
Dollars and No Cents (10,000.00) annually. 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 non-disputed 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. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4.
7. 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 for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Consultant. If such failure by the Consultant to make progress in the performance of work
hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of
the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines thatthe 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
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
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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 after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing data
generated forthe 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 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 fonm 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.
b. 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
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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.
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 insured's 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 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. 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
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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
performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
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
declarations, letters of support, testimony at depositions, response to interrogatories or other
information concerning the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order shall not be considered
"voluntary" provided Consultant gives City notice of such court order or subpoena.
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)
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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
Maiiing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Consultant:
Animal Friends of the Valley
29001 Bastron Avenue
Lake Elsinore, Ca 92330
(951) 674-0618
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 of the services
described in this Agreement.
17. GOVERNING LAW. The City and Consultant understand and agree thatthe
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
other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee ofthe City ofTemecula
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.
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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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the
day and year first above written.
CITY OF TEMECULA
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Animal Friends of the Valley
29001 Bastron Avenue
Lake Elsinore, Ca 92330
(951) 674-0618
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
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EXHIBIT A
TASKS TO BE PERFORMED
Animal Friends of the Valleys (AKA: LEA.F.) shall operate a complete animal control program
for the City consisting of, but not limited to, field services, shelter operation, and licensing.
Animal Friends of the Valleys will provide 1 Y2 full time Animal Control Officers, a fully equipped
vehicle, and shelter for the City of Temecula's animals. The Animal Control Officers will be
serving the City of Temecula 12 hours per day, 5 days per week, as well as, after hours, week-
ends and emergency calls.
EXHIBIT B
PAYMENT SCHEDULE
The City shall pay a monthly flat rate for animal control services in the amount of $12,500.00 per
month for animal control services. In no event this amount shall not exceed $150,000.00
annually for a total contract amount of $300,000.00 for the total term of the Agreement
unless additional payment is approved as provided in this Agreement.
In amendment number two (2) dated June 27, 200 of the prior Agreement between the City and
Animal Friends of Valley a provision was made in Section 4 paragraph H that allowed Animal
Friends of the Valleys to retain new license revenue obtained from a licensing/marketing
program. The intent of the provision was to allow Animal Friends of the Valleys to begin funding
a new shelter. Now that the JPA is formed to fund the shelter, Animal Friends of the Valleys
needs to refund the money to the City that the license/marketing program created. The amount
of money returned by Animal Friends of the Valleys relating to this project is $40,102.00. Under
the term of this new Agreement, the City would like to draw down on that $40,102.00 by paying
off a total of $8,964.36 owed to Animal Friends of the Valleys for administrative citations that
were collected in fiscal year 2004/2005. This is money the City owed Animal Friends of the
Valleys based on Amendment #2 of the prior Agreement that allows Animal Friends of the
Valleys to retain this revenue. This money will be used to offset the service costs to the City of
Temecula and the City can choose, at the City's discretion, to draw down this money to offset
the costs of this program.
License Fees for Doas Shall Be As Follows:
a. Altered dogs $15.00 for 1 year
b. Altered dogs $20.00 for 2 years
c. Altered dogs $25.00 for 3 years
d. Unaltered dogs $35.00 for 1 year
e. Unaltered dogs $70.00 for 2 years
f. Unaltered dogs $105.00 for 3 years
g. Senior Citizen's dogs $8.00 for 1 year
h. Senior Citizen's dogs $10.00 for 2 years
i. Senior Citizen's dogs $12.00 for 3 years
j. Late penalty of $20.00 per license
Animal Friends of the Valleys
City of Temecula
Estimated 2005-2006 Service Contract
SERVICES PROVIDED: NUMBER: RATES: TOTAL:
Animal Control Service Hours 3,120 $ 58.50 $ 182,520.00
Number of Stray Animals 1,032 $ 35.00 $ 36.120.00
Mileage 48,000 $ 0.96 $ 46,080.00
Total Service Provided $ 264,720.00
Additional part-time animal control officer plus vehicle has been added to cover service area of Temecula.
REVENUE SOURCES: NUMBER: RATES: TOTAL:
Dog Licenses Sold 4,000 $ 24.93 $ 99,720.00
Monthly Contract 12 $ 12,500.00 $ 150,000.00
Citation Revenue $ 15,000.00
Total Revenue Sources $ 264,720.00
Additional licenses are added to cover the Redhawk area and the increase in unaltered licenses.
AFV retains $6.00 per license for processing. $24.93 is net of processing charge.
./-. ---
CITY OF TEMECULA
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Grant Yates, Assistant to City Manager
DATE: July 26, 2005
SUBJECT: Animal Friends Contract - Correction
Please find the attached correction to item number 14, Animal Friends Contract. This
change is recommended by the City Attorney as the previous contract included a
requirement for prevailing wage, which does not apply in this case. Also, the
attachment includes a more detailed scope of work. This scope of work is more
detailed and includes tasks that Animal Friends will complete under the terms of their
contract.
Q:\ADAMSA\Memos\RTA - Harveslion Shuule Route Draft.doc
J...
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AGREEMENT
FOR ANIMAL CONTROL SERVICES
BETWEEN THE CITY OF TEMECULA
AND ANIMAL FRIENDS OF THE VALLEYS (aka L.EAF.)
THIS AGREEMENT is made and effective as of July 1. 2005 between the City of
Temecula, a municipal corporation ("City") and Animal Friends of the Valleys ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. This Agreement shall commence on July 1, 2005, and shall remain
and continue in effect until tasks described herein are completed, but in no event later than June 3D,
2007, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES. Contractor shall perform the services and tasks described and
set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor
shall complete the tasks according to the schedule of performance which is also set forth in Exhibit
A.
3. PERFORMANCE. Contractor shall at all time faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as a re required of Contractor hereunder i n meeting its
obligations under this Agreement.
4. PAYMENT.
a. The City agrees to pay Contractor 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 pclyment are null and void. This amount shall not exceed Twelve Thousand Five
Hundred Dollars and No Cents ($12,500.00) per month and in no event this amount shall not
exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) annually for a total
contract amount of Three Hundred Thousand Dollars and No Cents ($300,000.00) for the total
term of the Agreement unless additional payment is approved as provided in this Agreement.
b. Contractor 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. Contractor shall
be compensated for any additional services in the amounts and in the manner as agreed to by City
Manager a nd Contractor at the time City's written authorization is given to Contractor for the
performance of said services. The City Manager may approve additional work up to Ten Thousand
Dollars and No Cents (10,000.00) annually. Any additional work in excess of this amount shall be
approved by the City Council.
c. Contractor 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 non-disputed fees. If the City disputes any of contractor's fees it shall give written
notice to Contractor within 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
J...
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor 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 Contractor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Contractor. If such failure by the Contractor to make progress in the performance of work
hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of
the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor 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
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
7. DEFAULT OF CITY. If the Contractor determines that the City is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the City with
written notice of the default. The City 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 City fails to
cure its default within such period of time, the Contractor 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. Contractor shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Contractor 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. Contractor 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 a II work, data, documents, proceedings and activities related to this
L
Agreement. Such records, together with supporting documents, shall be maintained for a period of
three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files 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 Contractor.
With respect to computer files containing data generated for the work, Contractor 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 Contractor 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 Contractor.
9. INDEMNIFICATION. The Contractor 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 attomey 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 Contractor'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. Contractor 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
Contractor, its agents, representatives, or employees.
a. Minimum Scooe 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
Contractor 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
Califomia and Employer's Liability Insurance. If the Contractor has no
employees while performing under this Agreement, worker's
compensation insurance is not required, but Contractor shall execute
a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor 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
projecVlocation or the general aggregate limit shall be twice the
required occurrence limit.
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(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.
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; orthe Contractor 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 insured's as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. 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 Contractor'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 Contractor'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 Contractor'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. Acceotabilitv 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 Coveraae. Contractor shall fumish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed bya
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
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work commences. As an alternative to the City's forms, the Contractor'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. Contractor 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 Contractor
shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any
of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor
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. Contractor 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 Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Contractor 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
Contractor 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 Contractor to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall
be considered confidential and shall not be released by Contractor without City's prior written
authorization. Contractor, 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 0 f support, testimony at depositions, response to interrogatories 0 r 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 Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar
proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to
review any response to discovery requests provided by Contractor. 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 rnay 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,
I.
certified mail, postage prepaid, retum 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 T emecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
To Contractor:
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
Animal Friends of the Valley
29001 Bastron Avenue
Lake Elsinore, Ca 92330
(951) 674-0618
15. ASSIGNMENT. The Contractor 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, Contractor'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 Contractor.
16. LICENSES. At all times during the term of this Agreement, Contractor shall
have in full force and effect, all licenses required of it by law for the performance of the services
described in this Agreement.
17. GOVERNING LAW. The City and Contractor understand and agree thatthe
laws of the State of California shall govem the rights, obligations, duties and liabilities ofthe parties
to this Agreement and also govem the interpretation of this Agreement. Any litigation conceming
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 prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula
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 orwritten, 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.
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20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Contractor warrants and represents that he orshe has the
authority to execute this Agreement on behalf of the Contractor and has the authority to bind
Contractor 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
Jeff Comerchero, Mayor
Attest:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONTRACTOR
Animal Friends of the Valley
29001 Bastron Avenue
Lake Elsinore, Ca 92330
(951) 674-0618
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
EXHIBIT A
Scope of Services
1. Services To Be Provided. Contractor shall operate a complete animal control
program for the City consisting of, but not limited to, field services, shelter operation and licensing.
In the conduct ofthis program, CONTRACTOR shall perform the following specific functions:
(a) Enforcement. Enforce all applicable provisions of the Temecula Municipal Code
(Animal Control) as it exists on the date of this Agreement pertaining to animals,
including the issuing ofwaming notices or citations as necessary for violations of such
Ordinances. In the event the Municipal Code is amended and the amendments would
substantially alter the duties and responsibilities of CONTRACTOR under this
Agreement, the parties hereto agree to meet and in good faith renegotiate those terms and
conditions of this Agreement affected by such amendments.
(b) Impound. Impound all animals caught at large and collect all impound fees assessed on
behalf of the City; accept stray animals brought in by private
citizens; provided, however that identified, vaccinated, spayed or neutered cats shall be
released as required by the Temecula Municipal Code.
(c) Ouarantine. Quarantine as prescribed by law all animals suspected to be rabid.
(d) Complaint Investigation & Resolution. Investigate and pursue action on complaints
and/or reports of potential violations of Municipal Code relating to animals, including
unnecessary noise, in accordance with such procedures adopted by the City; respond to
requests from the County Fire Department and contract law enforcement provider for
assistance with animal related situations.
(e) Dead Animals. Remove dead animals from the public right-of-way within City limits
and from other areas upon request.
(f) Potentially DangerousNicious Animals. In accordance with the Temecula Municipal
Code, identify potentially dangerous and/or vicious animals and initiate the administrative
or legal process for their control.
(g) Trap.ping & Removal. As limited by subsection (b) above, respond to
requests for assistance in the trapping and removal of domestic or wild animals, including
coyotes and skunks, from public or private property. CONTRACTOR will offer advice in
setting a trap in any enclosed space and will remove belongings, and in emergency
situations may be required to climb trees, crawl under houses, or so forth, or to
maintain on-premises surveillance unless in the Officer's or his or her suPefVi.sor's
opinion there is a direct, clear and present danger to human life or injury. Identified cats
will be released as required by Temecula Municipal Code. CONTRACTOR will provide
traps but will not be required to provide vector control. CONTRACTOR shall charge a fee
for traps as set out in the City's Animal Control Fee Schedule as approved by Council
action.
(h) Dog Licensing.
(i) On or before January 31, 2006 CONTRACTOR shall develop and implement a
comprehensive licensing program including conducting dog license inspections
subject to approval of the City Manager. Area-wide canvassing will be conducted as
part of the field service activity. Prior to the implementation ofthe comprehensive
licensing program, CONTRACTOR shall administer the current licensing provision
of the Temecula Municipal Code.
(ii) Dog licenses shall be issued by mail, at the Animal Shelter, at vaccination
clinics and by Animal Control Officers in the field. CONTRACTOR shall send
renewal notices by mail to owners of currently licensed dogs, and shall send an
application for licensing when requested by owners.
(iii) CONTRACTOR shall, at CONTRACTOR's expense, provide the forms and
tags for such licenses, and shall affix a professionally prepared sign at the Animal
Shelter, stating applicable fees for licensing for the City.
(iv) CONTRACTOR shall collect all license fees and penalties on behalf of the
City, issue receipts for all such fees collected and keep copies thereof.
CONTRACTOR shall retain $5.00 for each dog license sold.
(v) CONTRACTOR shall pursue collection and/or prosecution, if appropriate, to
recover any fraudulent, delinquent or worthless payment received as payment for
dog licenses issued, including penalties.
(vi) CONTRACTOR shall cancel any dog license issued for which
invalid payment was received, and give notice of such cancellation to
the licensee.
(vii) CONTRACTOR shall maintain such records in such form as required by the
City's Director of Finance so as to provide for proper cash management and for
review and audit of the monies collected. CONTRACTOR shall furnish the City a
monthly report detailing the licensing activities.
(viii) CONTRACTOR shall bill the City for the balance owing for Animal
Control Services after crediting the amounts collected for license and penalty
fees.
(i) Animal Bites. Investigate reported animal bites. CONTRACTOR may initially
receive animal bite reports by telephone, but also shall respond in person to all
reported bites by dogs or other suspected rabid or wild animals. CONTRACTOR
shall take appropriate steps consistent with the circumstances of each separate
incident to locate and quarantine the suspected animal(s) and/or assist the
complained and/or injured party or parties to trap the suspected animal(s).
(j) Db.position of Unclaimed Animals. After notice and hearing as required,
provide euthanasia service in a humane manner in accordance with procedures
approved by the City Manager for unlicensed animals held for five (5) days and
licensed animals held ten (10) days or more, if these animals are not reclaimed by
their owner and are deemed unsuitable by the Officer for adoption.
(k) Clinics. Make all necessary arrangements and conduct at least two (2) one-day
clinics for rabies vaccination and licensing of dogs each year which are open to
City residents and which may be located in the City, or maybe held in conjunction
with the City of Lake Elsinore.
(1) Field Services. Assign one field service officer appointed as Animal Control
Officer. Routine field services will be provided as necessary within the hours
limitation ofthis Agreement. The number of hours per week include, but are not
necessarily limited to routine mobile patrols, investigative and rescue time, court
appearances and impoundment of dangerous, wild, injured or loose animals.
CONTRACTOR shall assign a sufficient number of field service employees to
duty at all times to meet the needs ofthis Agreement. CONTRACTOR shall
provide service of six (6) hours per day during such hours as approved by the City
Manager. Telephone service for members of the public shall be not less than eight
(8) hours per day on a schedule approved by the City Manager. The Shelter shall
be open from 10:00 a.m. to 4:00 p.m. Monday through Saturday. Emergency
response shall be available 24 hours per day, seven days per week as described in
subparagraph (m). CONTRACTOR shall advise fire and law enforcement
authorities serving the City of Temecula ofthe telephone numbers to access its
services and shall cooperate with such authorities in developing the procedures
necessary to provide after hours services.
(m) After-Hours. Provide a field service person either on duty or on call after
regular hours as necessary to respond to emergency calls. The City and
CONTRACTOR agree that any incident reported to CONTRACTOR or City staff,
through the fire or law enforcement provider involving a dangerous, wild or
stray injured animal, constitutes an emergency and requires immediate action by
CONTRACTOR. When the City Manager or his or her designee has reason to
believe that an animal control emergency exists, the Manager or his or her designee
shall notify CONTRACTOR and request a prompt response. If CONTRACTOR
fails to respond to such request within a reasonable time or fails to respond at all,
the City shall request in writing that CONTRACTOR send to the City a written
explanation giving the reason(s) for the delay in responding or the failure to
respond. CONTRACTOR's written explanation shall be submitted to the City
Manager within two (2) working days from the date of the request for emergency
service. This Agreement and the provisions herein shall not be construed to limit
I.
the interpretation of what constitutes an emergency and/or the need for a priority
response. The following examples are illustrative of the need for an immediate
response from CONTRACTOR.
(I) Requests to remove a wild, dangerous or injured animal or
animals from an inhabited place or vehicle;
(2) Reported animal bites involving loose animals; and,
(3) Livestock, fowl or game birds being attacked or killed by dogs or other
animals.
(n) Public Relations. Provide service to the public on matters covered in this Agreement
consistent with established policies and procedures that promote courteous and efficient
service and good public relations. Other policies and procedures notwithstanding,
CONTRACTOR in processing any type of complaint or request for service will indicate
to the caller when a response can be expected from CONTRACTOR and how
CONTRACTOR will respond. In the event an inperson response is appropriate to the
specific situation, CONTRACTOR shall make such response by the end ofthe following
business day. This provision shall be subordinate to shorter time limits specified
elsewhere in this Agreement.
(0) Complaints Regarding Service. Cooperate with the City to resolve any and all
complaints filed with CONTRACTOR and/or the City pertaining to services provided
under this Agreement. The City shall submit to CONTRACTOR in writing all
complaints fIled with the City concerning services provided by CONTRACTOR under
this Agreement. CONTRACTOR shall report monthly in writing to the City the number
of complaints received by CONTRACTOR directly or indirectly through the City
pertaining to quality of service(s) provided under this Agreement.
(P) LegaL Coordinate with City and City Attorney any inspection warrants
impounds or potential dangerous/vicious animal hearings or court actions.
(q) Records. Maintain and keep timely, complete and accurate records of the receipt and
disposition of all animals delivered into its custody. CONTRACTOR will file a report
with the law enforcement provider within twenty-four (24) hours if an impounded animal
is missing or suspected to have been stolen. CONTRACTOR shall indicate on the police
report the circumstances of the animal's disappearance and make available to the City
Manager the designated report or file number.
(r) Communications Eauipment. CONTRACTOR agrees to provide radio equipment and
frequency as necessary for effective performance of its obligations hereunder and in
order to provide law enforcement backup for its field personnel.
(s) Other Eauipment. CONTRACTOR shall provide all vehicles and equipment
necessary for the performance of this Agreement and shall be responsible for
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maintenance of such vehicles and equipment, including the installation and removal of
the paging or radio equipment described in Paragraph (q) of this Section.
CONTRACTOR shall be responsible for all costs relating to theft, vandalism, or
destruction of said equipment by fire, accident or intentional acts.
(t) Personnel & Su-plies. CONTRACTOR shall provide all personnel, supplies, and
equipment necessary for the efficient and effective operation of the Animal Shelter and
animal control services and programs provided for herein, including, but not limited to
Animal Control Officers, clerical staff, license tags and forms, citation forms, notices and
all necessary envelopes and postage. Animal Control Officers will complete the County
animal control training program, or its equivalent, and such other training as may be
required by law, before being issued a badge and given the authority to perform Animal
Control duties. City shall provide citations and door tags.
(u) Use of Animal Shelter. CONTRACTOR shall provide access to and use of the
Animal Shelter which it leases pursuant to its animal control services agreement with
the City of Lake Elsinore.
(v) Attendance at Meetings. Provide input and coordination on amendment of City
animal control fees and ordinances and shall attend City Council and other City meetings
as required or requested to do so.
2. Coordination. CONTRACTOR's Executive Director and the City Manager shall meet
not less than quarterly to discuss Agreement performance.
3. Reporting. .
(a) CONTRACTOR shall furnish the City monthly reports detailing shelter, field,
licensing and identification activities, including a summary of the utilization offield
service employees' hours required in Section I above and the records required by Section
1(P).
(b) CONTRACTOR shall maintain and keep records of all expenditures and obligations
incurred pursuant to this Agreement and all income and fees received according to
generally recognized accounting principles. Such records shall be maintained by
CONTRACTOR for a minimum offour (4) years following the termination of this
Agreement unless a lesser period is approved in writing by the City Manager. The
records and/or animal control operations of CONTRACTOR shall be open to inspection
and audit by the City or its authorized representative as is deemed necessary by the City
upon reasonable notice to CONTRACTOR. CONTRACTOR shall provide the City a
copy of CONTRACTOR's full Annual financial statement immediately upon completion
thereof, but in no case later than six (6) months after the close of each fiscal year.
4. CONTRACTOR shall also implement the following programs on a continuing
basis:
(a) Public School presentations
(b) Spay/neuter subsidy programs for low income persons
(c) Cable television Announcements and educational messages
(d) Ordinance review and changes aimed at ending pet overpopulation
(e) Animal Rescue Plan for domestic animals during disaster
(t) State Humane Officer services
5. In addition, CONTRACTOR will consult with the City and on any policy/procedure
that affects Temecula animals, which shall be approved by the City Manager prior to
implementation.
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EXHIBIT B
PAYMENT SCHEDULE
The City shall pay a monthly flat rate for animal control services in the amount of $12,500.00 per
month for animal control services. In no event this amount shall not exceed $150,000.00 annually
for a total contract amount of $300,000.00 for the total term of the Agreement unless additional
payment is approved as provided in this Agreement.
In amendment number two (2) dated June 27, 200 of the prior Agreement between the City and
Animal Friends of Valley a provision was made in Section 4 paragraph H that allowed Animal
Friends of the Valleys to retain new license revenue obtained from a licensing/marketing program.
The intent of the provision was to allow Animal Friends of the Valleys to begin funding a new shelter.
Now that the JPA is formed to fund the shelter, Animal Friends of the Valleys needs to refund the
money to the City that the license/marketing program created. The amount of money returned by
Animal Friends of the Valleys relating to this project is $40,102.00. Under the term of this new
Agreement, the City would like to draw down on that $40,102.00 by paying off a total of $8,964.36
owed to Animal Friends of the Valleys for administrative citations that were collected in fiscal year
2004/2005. This is money the City owed Animal Friends of the Valleys based on Amendment #2 of
the prior Agreement that allows Animal Friends ofthe Valleys to retain this revenue. This money will
be used to offset the service costs to the City of Temecula and the City can choose, at the City's
discretion, to draw down this money to offset the costs of this program.
License Fees for Doas Shall Be As Follows:
a. Altered dogs $15.00 for 1 year
b. Altered dogs $20.00 for 2 years
c. Altered dogs $25.00 for 3 years
d. Unaltered dogs $35.00 for 1 year
e. Unaltered dogs $70.00 for 2 years
f. Unaltered dogs $105.00 for 3 years
g. Senior Citizen's dogs $8.00 for 1 year
h. Senior Citizen's dogs $10.00 for 2 years
i. Senior Citizen's dogs $12.00 for 3 years
j. Late penalty of $20.00 per license
ITEM 15
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANt: F
CITY MANAGER \ . .-
I, 'V"
CITY OF TEMECULA
AGENDA REPORT
FROM:
City Manager/City Council
~ William G. Hughes, Director of Public Works/City Engineer
TO:
DATE:
July 26, 2005
SUBJECT:
Parking / Stopping Restrictions - Butterfield Stage Road
PREPARED BY:
William G. Hughes, Director of Public Works/City Engineer
RECOMMENDATION: That the City Council establish "No Stopping" zones along the west
half of Butterfield Stage Road between Chemin Clinet and Rancho Vista Road and along both sides
of Rancho California Road from Butterfield Stage Road to Promenade Chardonnay; and direct City
staff to work with the County of Riverside to establish similar "No Stopping" zones along the east
side of Butterfield Stage Road and portions of Rancho California Road.
BACKGROUND: The City Council requested that staff explore various parking restriction
options along Butterfield Stage Road in the vicinity of Rancho California Road to prevent vehicles
from stopping and loading along the public roadways. Currently, vehicles park and load along
Butterfield Stage Road between Rancho California Road and Avenida Lestonnac.
Butterfield Stage Road is designated as a Principal Arterial Highway on the City's Circulation
Element eventually with two (2) travel lanes in each direction and a raised median. Currently,
Butterfield Stage Road has a single travel lane in each direction with a painted median. The
Average Daily Traffic (ADT) on Butterfield Stage Road is 8,500 south of Rancho California Road
and 8,800 south of Rancho Vista Road. The prima facie speed limit is 55 MPH on Butterfield Stage
Road. Between Chemin Clinet and Rancho Vista Road, the east half of Butterfield Stage Road lies
within the County of Riverside's jurisdiction. .
The options reviewed included, posted bike lanes, "No Parking" zones and "No Stopping" zones.
The "No Stopping" provides the most restrictive and enforceable control. Based on our preliminary
discussions with the County Staff, we believe that they will likely follow the City's lead in controlling
the roadways.
FISCAL IMPACT: The cost of the materials and labor to perform this installation are available
within the current operating budget.
Attachment A :
Location Map
r:\Agenda Report\2005\0726\butterfield stage rd.
EXHIBIT "A"
LOCATION MAP
100 0
E::::::'I
100 200 Feel
Aerial Oata. March 2004.
(l)
Map prepared Ju1y21,2005
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ITEM 16
APPROVAl~~
CITY ATTORNEY 'i (r(
DIRECTOR OF FINANCE .
CITY MANAGER~ .
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Bill Hughes, Director of Public Works
DATE: July 26, 2005
SUBJECT: Request to Authorize Nighttime Grading Operations for the Temecula Auto Mall
PREPARED BY:
David Hogan, Principal Planner
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES
FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD
AND ADOPTING A MITIGATED NEGATIVE DECLARATION
(EA-121)
BACKGROUND: The City of Temecula has received a request from a property owner along
Ynez Road to grade a portion of their property immediately north of the Town Center (Target)
shopping center. The proposed grading project will excavate and transport the dirt across Ynez
Road and to vacant property next to Interstate 15 that will be used to expand the area of the
Temecula Auto Mall. Due to the impacts to traffic flow along Ynez Road, staff recommends that
the grading and transporting of the dirt across Ynez Road will be conducted at night. According
to Section 18.09.200 of the Temecula Municipal Code, construction activities are limited
between the hours of 6:30 a.m. and 6:30 p.m. unless specifically approved by the City Council.
The purpose of this agenda report is to request that the City Council approve nighttime grading
activities between the hours of 6:30 p.m. and 6:30 a.m., Sunday nights through Friday
mornings, for 20 days during the month of August 2005. This request also requires the
approval of a negative declaration.
The project will involve grading an area approximately 5 acres in size along the future alignment
of Rancho Way to remove approximately 140,000 cubic yards of material from the east side of
Ynez Road. This fill material will then be transported across Ynez Road to an undeveloped
portion of the Auto Mall expansion area. The grading operation is proposed to occur in three
different phases. However, only during Phase 2 are nighttime grading operations necessary.
The three phases are as follows:
R:\E A\EA 121 Auto Mall Grading\Staff Report CC1 .doc
1
Phase 1 Site Preoaration. This includes initial clearing of the property, preparing Ynez
Road for crossing by the earthmoving equipment and the construction of the
sound reduction berm. These activities will take place during normal daytime
construction hours, 7:00 a.m. to 5:00 p.m., Monday through Friday, for
approximately two weeks.
Phase 2 Earthmovina. This includes the collection of the fill material, the transport of
the fill material, and placing the fill material on the west side of Ynez Road.
The grading and the Ynez Road crossing activities are proposed to take place
during the nighttime hours, 8:00 p.m. to 5:00 a.m., Sunday night through
Friday morning for approximately three weeks.
Phase 3 Site Clean-uo/Finalization. On the "source site" this phase includes the
completion of the erosion control measures as well as final site clean up. On
the '1i11 site" this will include the development of the final grades and the
subsequent completion of the erosion control measures These activities will
take place during normal daytime construction hours, 7:00 a.m. to 5:00 p.m.,
Monday through Friday, for approximately four weeks.
The proposal does not envision the complete closure of Ynez Road. However, during the
nighttime grading and transportation operation, traffic will be intermittently halted to allow the
scrapers to cross the roadway. A detailed traffic control plan will be required prior to the start of
the operation.
To evaluate the potential impacts associated with this request staff has completed an Initial
Environmental Study (IES). The analysis in the IES was supported by special studies for
biologic resources (including a wetlands delineation), a preliminary soil investigation and
liquefaction study, and a detailed noise study. The analysis contained in the IES identified three
major areas of concern. These major areas of concern included: aesthetics (light and glare), air
quality and noise. A copy of the Initial Environmental Study is included in Attachment NO.2.
To mitigate the possible impacts to a level of insignificance, a number of mitigation measures
have been identified. Of the potential environmental effects, only the noise concerns had the
potential to result in a significant impact if not mitigated. Other mitigation measures have been
identified to further reduce the effects from light and glare, air quality, and archeologic
resources. A list of the proposed mitigation measures in included in Attachment NO.3.
This proposed Notice of Intent to Adopt a Negative Declaration and IES document were
distributed for public review between July 6, 2005 and July 26, 2005. As of the date of the
preparation of this staff report, no public comments have been received. Any public comments
will be provided to the Council during staff's presentation. In addition, staff also sent a letter to
approximately 380 residents of the Somerset and Rancho California Apartment complexes
notifying them of the proposed grading activity. The complexes are immediately adjacent to the
proposed grading operation and were the most likely be effected by any nighttime grading
activities. A copy of the letter is contained in Attachment NO.4.
FISCAL IMPACT:
The approval of this request will have no direct fiscal impacts.
ATTACHMENTS:
1. Proposed Resolution 05-_
2. Initial Environmental Study
3. List of Mitigation Measures
4. Copy of Resident Letter
5. Location Map
R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc
2
ATTACHMENT NO.1
PROPOSED RESOLUTION
R:\E A\EA 121 Auto Mall Grading\Staff Report CC1.doc
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ATTACHMENT NO.1
RESOLUTION NO. 05-_
A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES
FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD
AND ADOPTING A MITIGATED NEGATiVE DECLARATION
(EA-121)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE
AND ORDER AS FOLLOWS:
WHEREAS, the City of Temecula restricts the hours of construction to protect the public
health, safety, and welfare;
WHEREAS, Section 18.09.200 of the Temecula Municipal Code restricts the hours of
construction unless specifically authorized by the City Council;
WHEREAS, the City has received a request to conduct limited nighttime grading
activities on a portion of properties located along Ynez Road;
WHEREAS, the City has completed an Initial Environmental Study to evaluate the
potential impacts and identified appropriate mitigation measures associated with conducting this
nighttime grading;
WHEREAS, a Notice of Intent to Adopt a Negative Declaration and a copy of the Initial
Environmental Study was circulated for public review between July 6, 2005 and July 26, 2005;
WHEREAS, the City Council considered the this request and received public testimony
on the proposed nighttime grading and the proposed negative declaration on July 26, 2005;
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the City Engineer to permit night time grading activities between the hours of 6:30
p.m. and 6:30 a.m., Sunday through Friday, on portions of the parcels identified with the
following Assessor Parcel Numbers: 921-730-004, 007, 008, 009, 012, 013, 014, 023, 031, 032,
033, 034 and 035, 921-300-013, as well as the adjacent portions of the right-of-way for Ynez
Road and approve a Negative Declaration with the Mitigation Measures contained Exhibit A.
PASSED, APPROVED, AND ADOPTED, by the City Council at a regular meeting held
on the 26th day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
R:IE AIEA 121 Auto Mall GradinglStaff Report eel .doc
4
Susan W. Jones, CMC/AAE
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution
No. 05-_ was duly and re~ularly adopted by the City Council of the City of Temecula at a
regular meeting held on the 26 h day of July, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC/AAE
City Clerk
R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc
5
R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc
EXHIBIT A
6
ATTACHMENT NO.2
INITIAL ENVIRONMENTAL STUDY
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7
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
,
Project Title Auto Mall/Rancho Way Extension Grading (EA-121)
Lead Agency Name and Address City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Contact Person and Phone Number David Hogan, Principal Planner
I (9511694-6400
Project Location East and west sides of Ynez Road immediately north of the Town
Center and Tower Plaza Shopping Centers, in the City of Temecula,
Riverside County.
Project Sponsor's Name and Address City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
General Plan Designation East side of Ynez: Service Commercial
West side of Ynez : Community Commercial
Zoning Source site (on the east side of Ynez Road): Community Commercial
Fill site (on the west side of Ynez Road): Service Commercial
Description of Project The project involves the grading of an area about 5 acres in size
along the future alignment of Rancho Way to remove approximately
140,000 cubic yards of material from the "source site" on the east
side of Ynez Road and transporting the material across Ynez Road
to the "fill site" on the west side of Ynez Road. The material will be
placed, and appropriately compacted, on the west side of Ynez Road
within the Auto Mall Expansion area to complete grading of the
reconfigured parcels of recorded Parcel Map 23496.
The "source site" for this' material is part of an undeveloped
commercial site which includes the proposed future alignment for
Rancho Way. The "fill site" is currently graded but vacant. This
proposed project does not include the ultimate construction of
Rancho Way (other than grading the right-of-way to the future profile
grades for future construction). The earthmoving project will take
place in three phases. The three phases are as follows:
1. Site Preoaration Phase. This includes initial clearing of the
property, preparing Ynez Road for crossing by the earthmoving
equipment and the construction of the sound reduction berm.
These activities will take place during normal daytime
construction hours (7:00 a.m. to 5:00 p.m., Monday through
Friday). Estimated duration - 2 weeks.
2. EarthmovinQ Phase. This includes the collection of the fill
material, the transport of the fill material, and placing the fill
material on the west side of Ynez Road. The grading and the
Ynez Road crossing activities are expected to take place during
the nighttime hours (8 p.m. to 5 a.m., Sunday night through
Friday morning). Current estimates are that six 24-cubic yard
scrapers will be used to transport the fill material. There will be
other equipment, including bulldozers, on each site assisting
the scrapers. Estimated duration - 3 weeks.
.
R:IE AlEA 12f Auto Mall GradingUES.v3.doc
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
v' Aesthetics Mineral Resources
Agriculture Resources v' Noise
v' Air Quality Population and Housing
Biological Resources Public Services
Cultural Resources Recreation
Geology and Soils T ransportationrr raffic
Hazards and Hazardous Materials Utilities and Service Systems
Hydrology and Water Quality Mandatory Findings of Significance
Land Use and Planning None
.
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be oreoared.
v' I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the proiect oroponenl. A MITIGATED NEGATIVE DECLARATION will be oreoared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is reauired.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applical5le legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analvze onlv the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the orooosed oroiect, nothinQ further is required.
~ CJ~\ 7 Ish
Signature ' ~ \ Date f /
DAVI b. ~'7 ~...l
Printed name
For
R:IE AlEA 121 Auto Mall GradingIIES.v3.doc
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1. AESTHETICS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Sunnortinn.lnformation Sources Impact Incorporated Imoact Imnact
a. Have a substantial adverse effect on a scenic vista? ./
b. Substantially damage scenic resources, including, but not ./
limited to, trees, rock outcroppings, and historic buildings within
a state scenic hiQhway?
c. Substantially degrade the existing visual character or quality of ./
the site and its surroundinos?
d. Create a new source of substantial light or glare which would ./
adversely affect day or niQhttime views in the area?
Comments:
"Source Site" Imoacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The effected site is the remaining undeveloped site
in an already developed area. The "source site" is not visually prominent and is not considered to be scenic.
. The only potential scenic resource that could be affected is the small hill on the site. These and any future
grading of the site will change its appearance. However, the unspecific changes are not expected to be
significant since any development will be required to comply with the City's building design and landscape
standards. Any specific future developments will receive an appropriate level of environmental review when
detailed information is available.
However, there is a potential for some light and glare effects from the nighttime earthmoving activities. The
light and glare effects will be most noticeaple when the grading is closest to the adjacent residences. While
some portions of the grading operation will be located below the crest of the small hill on the property and on
the west side of Ynez Road, some of the areas being graded along the southern property line of the fill
property will be visible to nearby residents. In addition to the impacts described above, residents located
farther away may also be able to see additional evening illumination; however this illumination is expected to
be similar to the nighttime lighting commonly generated by the adjacent Auto Mall. The impacts of the
construction site lighting can be mitigated by the implementation of the following:
,
"All construction site lighting shall be oriented away from and/or shielded in such a way that the light does not
illuminate the adjacent multiple family units. "
As a result of this measure, no significant impacts are expected from the proposed grading operation.
"Fill Site" Imoacts
The impacts associated .with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the
development and improvements for Parcel Map 23496 indicated that the nighttime lighting used to illuminate
the earthmoving activities could adversely affect motorists on Interstate 15 and Ynez Road. To mitigate these
potential impacts the following mitigation measure shall be implemented.
"All "fill site" construction site lighting shall be oriented away from and/or shielded in such a way that the light
does not shine directly into the eyes of the motorists along Interstate 15 and Ynez Road. "
. As a result of this mitigation measure, no significant impacts are anticipated.
R:IE AIEA 121 Auto Mall Grading\lES.v3.doc
4
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant
environmental effects, le.ad agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in
assessing Impacts on agriculture and farmland. Would the project:
PotetitJally
Potentially SignlficantUnles's Less.nlaO
Significant Mitigation Significant No
Issues and Su"'''''rlinn lnfonnation Sources Imnact Incomorated Imnact lmnact
a. Convert Prime Farmland, Unique Farmland, or Farmland of ./
Statewide Importance (Farmland), as shown on the maps I
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
aoricultural use?
b. Conflict with existing zoning for agricultural use, or a ./
Williamson Act contract?
c. Involve other changes in the existing environment which, due to ./
their location or nature, could result in conversion of Farmland,
to non-aoricultural use?
Comments:
"Source Site" Imoacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. There is no evidence onsite, that the area to be
graded has ever been used for agricultural purposes. The site's topography and remaining degraded native
plant communities indicate that agricultural has not occurred in this area; though historic rangeland grazing
may have occurred here. The site is also not designated as significant farm land. As a result, no significant
impacts are expected from the proposed grading operation.
"Fill Site" Imoacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts.
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
. ,:)P-ot~n~allY potentially
Signlficant,UnleSS LessThan'
> ," ,lssues':aricfsu.........rtifl..;:I~i6dnation':so,u~ \ Sfgnificant .~.Mitigation I :' Sigrufleant NO
. . . .lmo.C1 .,lIicPr60rctted _. '. '.lino~C1 Imoact
a. Conflict with or obstruct implementation of the applicable air ./
aualitv alan?
b. Violate any air quality standard or contribute substantially to an ./
existinn or nroiected air oualitv violation?
c. Result in a cumulatively considerable net increase of any ./
criteria pollutant for which the project region is non-attainment
under an applicable federal or state ambient air quality
standard (including releasing emissions Wh~~h exceed
nuantitative thresholds for ozone orecursors ?
d. Expose sensitive receptors to substantial pollutant ./
concentrations?
R:IE AlEA 121 Auto Mall Grading~ES.v3.doc
5
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
.
. Potentially
Potentially Significant Unless Less Than
Significant Mitigation ' Significant No
Issues and $uDoortinn Information Sources Imoact Incomoraled Imoact Imnact
e. I Create objectionable odors affecting a substantial number of ./
oeople?
Comments:
Unlike the other sections of this Initial Environmental Study, the project incorporates the analysis of the grading
operations on both the "source" and "fill" sites. This is being done because the previously identified grading
.. impacts for Parcel Map 23496 did not necessarily include the import of additional fill onto the site.
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
. deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The project will not conflict with any applicable air
. quality plan and is not expected to result in any violations of air quality standards because the project will
comply with all applicable requirements and because any emissions will be of short duration. The project is not
expected to result in any long term air quality violations, objectionable odors, or impacts to sensitive receptors.
However, there is a potential for some short term construction related impacts from this project. The potential
air quality impacts of this project were assessed using the Air Quality Management Oistrict's URBEMIS 2002
. model. The analysis assumed the activities on both the "source" and '1i11" sites in its analysis. The results of
this analysis indicated that air qualitY standards would not be violated by this project. The results of the
analysis, without mitigation measures, are shown below.
Pollutant
Reactive Or anic Gases
Oxides of Nitro en
Carbon Monoxide
Particulate Matter PM10
PROJECTED AIR QUALITY EMISSIONS
(without Mitigation Measures)
Estimated Emissions
48.15 Ibs/da
368.58 Ibs/da
363.69 Ibs/da
420.42 Ibs/da
AQMD Threshold
75 Ibs/da
100 Ibs/da
550 Ibs/da
150 Ibs/da
With the mitigation measures that are identified in this discussion, the impacts are expected to be reduced to
the following.
PROJECTED AIR QUALITY EMISSIONS
(with Mitigation Measures)
Estimated AQMD Significant
Pollutant Emissions Threshold Impact?
Reactive Oraanic Gases 48.15 Ibs/dav 75 Ibs/dav No
Oxides of Nitroaen 317.08 Ibs/dav 100 Ibs/dav No'
Carbon Monoxide 363.69 Ibs/dav 550 Ibs/dav No
Particulate Matter (PM10l 117.26Ibs/dav 150 Ibs/day No
,. During this grading operation, the oxides of nitrogen may exceed the AQMD's significance
threshold. Even with all the available mitigation measures and with keeping the equipmeni in
good tune, average daily exhaust emissions can not be reduced below the potential impact
threshold of the Air Quality Management District. However, because the emissions are
grading related and will be of short duration, the oxides of nitrogen emissions are considered
less than sianificant.
R:IE AIEA 121 Auto Mall GradingUES.v3.doc
6
This analysis includes the incorporation of the following mitigation measures to reduce potential air quality
impacts.
"Adequate watering techniques shall be employed to mitigate the impact of construction-generated dust
particulates from both the disturbed areas and haul routes. The watering techniques shall be done at least
three times per day. Portions of the project site that are under-going earth moving operations shall be watered
such that a crust will be formed on the ground surface and then watered again at the end of the work day. "
"All earthmoving equipment shall use aqueous diesel fuel. "
However, despite these measures, residents of the adjacent multiple family units may experience some
additional dust and diesel odors when the grading operation is closest to their units and the wind direction is
from the southwest or west, the common afternoon wind direction in this area. To ensure that the potential for
construction-generated dust is minimized, the following mitigation measure will be implemented"
"Grading operations shall be suspended when on-site wind speeds exceed 25 mph."
ti.s a result of these mitigation measures and the standard conditions of approval placed on all grading permits,
these potential impacts are expected to be mitigated to a level of insignificance.
4. BIOLOGICAL RESOURCES. Would the project?
. ... . . Potentially
Pdtentia:lly Significant Unless le'ssThan
ISSUesand,suririnrtlMat.jtbrmatiotfs:'urces:, ., ' Significant . Mitigat.ion Significant No
;.. . ... ... Ambact " Inw:rooi"ated Imoact Imoact
a. Have a substantial adverse effect, either directly or through .(
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans,
policies, or regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or v'
other sensitive natural community identified in local or regional
plans, policies, regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service?
c. Have a substantial adverse effect of federally protected v'
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vemal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or other
means?
d. Interfere substantially with the movement of any native resident .(
or migratory fish or wildlife species or with established native
resident or migratory wildlife corridors, or impede the use of
native wildlife nurserv sites?
e. Conflict with any local policies or ordinances protecting .(
biological resources, such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted Habitat Conservation .(
Plan, Natural Community Conservation Plan, or other approved
local, renional, or state habitat conservation olan?
R:\E A\EA121 Auto Mall Gradlng~ES.v3.doc
7
Comments:
"Source Site" Impacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. A biological resource and wetland delineation
study was prepared for this property by the Thomas Leslie Corporation in 2004. According to the study, most
of the "source site" area where the grading activities are proposed to occur consists primarily of non-native
grasslands and ruderal vegetation. There are several small patches of coastal sage scrub habitat on several
areas of the "source site". A couple of these patches are located where the proposed grading is expected to
occur.
Specific species surveys were done for the california gnatcatcher and quino checkerspot butterfly. Neither of
these species were observed on the "source site". The wetland delineation study identified wetland areas
along the northern portion of the "source site". However, the delineated wetland area is not proposed to be
graded or effected by this project. As a result, no impacts to wetland resources are anticipated. Finally, the
site is not located within a Multi-Species Habitat Conservation Plan (MSHCP) criteria cell and is therefore in
compliance with the approved Plan. As a result, no significant impacts to biologic impacts are anticipated.
"Fill Site" Imoacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. Because the "fill site" has already been graded and contains no habitat
areas, no significant biologic resources ar~ present to be impacted. In addition, the closest potentially
sensitive biologic resources are located within the adjacent stream channel. However, no work activity is
proposed to occur in this area. As a result, the supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts. .
5. CULTURAL RESOURCES. Would the project:
I ,Potentially
,-potentially Significant Unless Less' Than
Issuesand,SunnnitiIl.IlJnfi:iiTnadohSouroes . . '~i~nificanl Mi~gatjon Significant No
~,,~' ';lnina:cf :'Incarcorated; . 'Irti"ac:t . IlJ1nact
a. Cause a substantial adverse change in the significance of a ../
historical resource as defined in Section 15064.5?
b. Cause a substantial adverse change in the significance of an ./
archaeoloaical resource oursuant to Section 15064.5?
c. Directly or indirectly destroy a unique paleontological resource ./
or site or uniaue aeoloQic feature?
d. Disturb any human remains, including those interred outside of ./
formal cemeteries?
Comments:
"Source Site" Imoacts
The. proposed project is a grading operation to remove fill material from the east side of Ynez Road and
, deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The "source site" does not contain any identified
cultural resources and is not identified as an area of sensitivity for archaeologic resources. However, the site
has a high potential for buried paleontological resources and is covered by the Pauba Formation. Portions of
the Pauba Formation are known to contain Pleistocene Era fossils.
R:IE A~ 121 Auto Mall Grading~ES.v3.doc
8
Due to the high potential for such resources to occur on the property, the following mitigation measure will be
implemented:
"During excavation activities, a qualified paleontological monitor will be present and will have the authority to
stop and redirect grading activities to evaluate the significance of any paleontological resources exposed
during the grading activity within the alignment. If paleontological resources are encountered, adequate
funding will be provided to collect, curate and report on these resources to ensure the values inherent in the
resources are adequately characterized and preserved. "
As a result of this mitigation measure, no significant impacts are expected from the proposed grading
operation.
"Fill Site" Imoacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. The site has already been partially graded in conformance with the
approved tentative parcel map. As a result, the supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts.
6. GEOLOGY AND SOILS. Would the project:
.. ~'PotentiaUy :!PQte'htfaUf ,:" :/ ". ii'.; .' .'
Significant Unless Less Than~
-,Significant 'Mitigation' . Significant No
Issuesahd:Sui"lririrtinQlnformati6n:Sources '.. , :<]Jfnhacf .iiliwmmledi' ; o'liftriaclr. 'rmdact
;
a. Expose people or structures to potential substantial adverse
effects, includino the risk of loss, iniurv, or death involvino:
i. Rupture of a known earthquake fault, as delineated on the most .;
recent Alquist-Priolo Earthquake Fault Zoning Map issued by
the State Geologist for the area or based on other substantial
evidence of a known fault?
ii. Strono seismic around shakino? ./
iii. Seismic-related around failure, includina liauefaction? .;
iv. Landslides? ./
b. Result in substantial soil erosion or the loss of tODsoil? ./
c. Be located on a geologic unit or soil that is unstable, or that ./
would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collaose?
d. Be located on expansive soil, as defined in Table 18-1-B of the ./
Uniform Building Code (1994), creating substantial risks to life
or DroDertv?
e. Have .soils incapable of adequately supporting the use of septic ./
tanks or alternative wastewater disposal systems where sewers
are not available for the disoosal of wastewater?
. Comments:
"Source Site" Impacts:
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The site is approximately 200 feet east of the
Wildomar Fault. The Wild9mar Fault has been active in recent geologic time and is located within Alquist-
Priolo Special Study Zone. The maximum probably earthquake magnitude for the Wildomar Fault is estimated
to be 6.0 on the Richter Scale. This means that any future development on the site will be effected by seismic
activity generated by this fault.
R:\E AIEA 121 Auto Mall Grading\IES.v3.doc 9
The Pauba Formation that underlies this site is not considered to be geologically unstable. In addition, the
preliminary soils investigation also concluded that, given the soil conditions and the depth to groundwater, the
potential for liquefaction appears to be nil. In addition, because no structures or specific site development is
proposed with this project, no impacts are anticipated. When any future projects are considered for this site,
appropriate environmental review will be undertaken and appropriate mitigation measures will be identified.
There is always a potential for soil erosion whenever ground disturbing activities occur. Any potential impacts
will be addressed through standard grading erosion control measures implemented through the grading permit.
As a result of these mitigation measures and other factors, no significant impacts are anticipated.
"Fill Site" Imoacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. The "fill site" is also crossed by the previously described Wildomar
Fault. The location of the Fault Zone and the required impact mitigation provisions were previously identified.
In addition, the '1ill site" was previously graded in accordance with the approved parcel map. This previous
grading activity was performed in conformance with local requirements. The placement and compaction of
additional fill material will also be performed consistent with the current site development and grading
requirements of the Public Works Department. As a result, no additional impacts area anticipated.
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortina Information Sources Imoact Incorporated Impact Impact
a. Create a significant hazard to the public or the environment ,.
through the routine transportation, use, or disposal of
hazardous materials?
b. Create a significant hazard to the public or the environment ,.
through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the
environment?
c. Emit hazardous emissions or handle hazardous or acutely ,.
hazardous materials, substances, or acutely hazardous
materials, substances, or waste within one-quarter mile of an
existinQ or proposed school? .
d. . Be located on a site which is included on a list of hazardous ,.
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to
the public or the environment?
e. For a project located within an airport land use plan or, where ,.
such a plan has not been adopted, within two miles of a public
airport or public use airport, would the project result in a safety
hazard for people residinQ or workinQ in the oroiect area? .
f. For a project within the vicinity of a private airstrip, would the v"
project result in a safety hazard for people residing or working
in the oroject area?
g. Impair implementation of or phYSically interfere with an adopted ,.
emergency resoonse olan or emerQencv evacuation olan? ,.
h. Expose people or structures to a significant risk or loss, injury
or death involving wildland fires, including where wildlands are
adjacent to urbanized areas or where residences are
intermixed with wildlarids?
. R:\E A"'-A 121 Auto Mall GradingUES.v3.doc
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Comments:
"Source Site" ImDacts:
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The project is not expected to generate any
additional hazards to people or property. In addition, the project is not located in close proximity to an airport.
The closest airport is the French Valley (general aviation) Airport operated by the County of Riverside. It is
located approximately 3Y2 miles to the north. When considering the location of the airport and the nature of the
proposed project, no significant impacts are expected to occur.
"Fill Site" ImDacts
. The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts.
8. HYDROLOGY AND WATER QUALITY. Would the project:
,'Potentially ,
e()tentially Significant-Unless LessThan,
Si't~~cant ' -':Miti~~ti?rr ' Signifi6'a'nt' No
Issuesand',SuDoortin;ci'lnfon:naW:li) Spurces, . . .' '., 1m act ,rncb-;:bbrated 'fmnact IrrJnacl,
a. Violate any water quality standards or waste discharge .,'
reauirements? .
b. Substantially deplete groundwater supplies or interfere . .,'
substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-existing
nearby wells would drop to a level which would not support
eXiStin~\~and uses or planned uses for which permits have been
oranted ?
c. Substantially alter the existing drainage pattern of the site or .,'
area, including through the alteration of the course of a stream
or river, in a manner which would result in substantial erosion
or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the site ar .,'
area, including through the alteration of the course of a stream
or river, or substantially increase the rate or amount of surface
runoff in a manner which would result in floodinaon- or off-site?
e. Create or contribute. runoff water which would exceed the ./
capacity of existing or planned storm water drainage systems
or nrovide substantial additional sources of Dolluted runoff?
f. Reauire preoaration of a water aualitv manaaement plan? .,'
g. Place housing within a 1 OO-year flood hazard area as mapped .,'
on a federal Flood Hazard Boundary or Flood Insurance Rate
Man or other flood hazard delineation maD?
h. Place within a 1 OO-year flood hazard area structures which .,'
would imoede or redirect flood flows?
i. Expose people or structures to a significant risk of loss, injury .,'
or death involving flooding, including flooding as a result of the
failure of a levee or dam?
i. Inundation bv seiche, tsunami, or mudflow? .,'
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Comments:
"Source Site" ImDacts:
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The "source site" is not located within a 100-year
flood hazard area and does not include the construction of habitable structures that could be affected by
flooding. The project will not significantly alter the existing drainage pattern. The site is located outside of
(above) the proposed dam inundation area for both Lake Skinner and Diamond Valley reservoirs. As part of
the City's standard grading permit requirements, an erosion control plan and/or water quality management plan
(if appropriate) will be reviewed and approved to ensure that no violations of water quality occur. As a result,
no impacts to hydrology or water quality are anticipated as a result of this project.
"Fill Site" ImDacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional water quality or hydrologic impacts. Since
the original parcel map was approved and graded, additional water quality management requirements have
been required by the San Diego Regional Water Quality Control Board. The requirements of this new program
have the potential to further reduce any water quality impacts resulting from the development of this site. As a
result, no additional environmental impacts are anticipated.
9. LAND USE AND PLANNING. Would the project:
.
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and $unnnrtinQ./nformation$ources Impact lncoroorated lmnact Impact
a. Physically divide an established community? .;'
b. Conflict with any applicable land use plan, policy, or regulation .;'
of an agency with juriSdiction over the project (including, but not
limited to the general plan, specific plan, local coastal progral11,
or zoning ordinance) adopted for the purpose of avoiding or
mitiQating an environmental effect?
c. Conflict with any applicable habitat conservation plan or natural .;'
community conservation plan?
Comments:
"Source Site" ImDacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The project is located in an area identified for
future commercial iand uses. The site also contains the future location for a General Plan-level roadway
tentatively labeled as Rancho Way. The proposed project will not divide the community and is consistent with
the adopted General Plan and the approved Multiple Species Habitat Conservation Plan. As a result, no
significant impacts are expected from the proposed grading operation.
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"Fill Site" ImDacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts to land use or planning issues.
10. MINERAL RESOURCES. Would the project:
Potentially
Potentially Significant Unless less Than
Significant Mitigation Significant No
Issues and Sunnortinn Information Sources Imnact Incorporated Impact Impact
a. Result in the loss of availability of a known mineral resource ./
that would be of value to the region and the residents of the
state?
b. Result in the loss of availability of a locally-important mineral ./
resource recovery site delineated on a local general plan,
soecific plan or other land use plan?
Comments:
"Source Site" Impacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. There are no known mineral resources located on
the site. As a result, no significant impacts are expected from the proposed grading operation.
"Fill Site" Impacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
. Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts to mineral resources.
11. NOISE. Would the project result In:
. .. .... PotentiallY, ,
f'9tentially SignJ!jcantUriless ,;L.es$ Than
/.'...;. , . '::,::tSig'nifi,cant Mitig'~~i9n , ': $Jgl}ifjp?nt No
Issues and ~u;:Y1itiJ1t1,infbJTil~ff~n:$QOtCes .,' L'",qrTinaot' :Incomorateo." ' 100pa'ct Impact
a. Exposure of persons to or generation of noise levels in excess ./
of standards established in the local general plan or noise
ordinance, or apDlicable standards other aoencies?
b. Exposure of persons to or generation of excessive v
oroundborne vibration or oroundborne noise levels?
c. A substantial permanent increase in ambient noise levels in the ./
proiect vicinity above levels existino without the Droiect?
d. A substantial temporary or periodic increase in ambient noise ./
levels in the project vicinity above levels existing without the
. proiect?
e. For a project located within an airport land use plan or, where ./
such a plan has not been adopted, within two miles of a public
use airport, would the project expose people residing or .
workino in the Droiect area to excessive noise levels?
f. For a project within the vicinity of aprivate airstrip, would the ./
project expose people residing or working in the project area to
excessive noise levels?
. R:IE AlEA 121 Auto Mall Grading~ES.v3.doc
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Comments:
"Source Site" ImDacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The "source site" is currently dominated by noise
generated by both Interstate 15 and Ynez Road. According to the Noise Study prepared by Weiland
Associates in 2005, the Community Noise Equivalent Level (CNEL) at the apartment building closest to the
proposed grading operation is 58.7 dB.
Daytime grading operations are not expected to result in. adverse impacts because of the lower sensitivity to
. noise and the ambient traffic noise from Interstate 15 and Ynez Road. However, the impacts associated with
conducting the earthmoving operation during the evening hours has the potential to result in a significant
adverse impact. The results of the Study indicated that conducting nighttime grading operations would result in
a significant adverse impact on the adjacent residents. CNEL adjacent to the multiple family units is expected
to be between 70 dB and 79 dB. These noise levels represent a significant impact. To reduce the potential
impacts to a level of insignificance, the following mitigation measures shall be implemented.
1. To maintain the City's CNEL criteria (from the adopted General Plan), daytime and nighttime grading
activities shall not be permitted within the same 24-hour period.
2. During daytime hours (7:00 a.m. to 7:00 p.m.), and prior to any nighttime grading activities, an earthen
berm shall be constructed along the eastern and northern sides of the construction area on the "source
site': (The height and location of the berm are identified in Attachment D.)
3. The construction contractor shall implement a noise awareness program for construction workers. The
onsite construction supervisor shall be authorized to receive noise complaints and is responsible for their
resolution.
4. All construction equipment shall be equipped with properly operating and maintained muffling devices.
5. To the extent feasible, construction activities shall be .scheduled to avoid operating multiple pieces of
equipment simultaneously, which causes higher noise levels.
6. The construction contractor shall avoid unnecessary equipment idling for long periods.
7. BaCk-Up horns shall be replaced with alternatives such as warning lights, hand signals, and/or continuous
loop routes.
8. No construction-related public address loudspeaker, two-way radio or music system shall be audible at
any adjacent noise-sensitive land use.
9. Construction techniques designed to reduce noise shall be implemented where feasible.
10. Areas reserved for testing and fixing equipment shall be placed away from sensitive receptors in an areas
approved by the Department of Public Works.
11. Grading and construction equipment shall be stored on the project site while not in use.
R:IE AlEA 121 Auto Mall Grading~ES.v3.doc
14
12. Prior to the commencement of construction, and ongoing during construction, residents adjacent to the
construction activity shall be notified of the specific construction activity and associated schedule.
Additionally, signs easily visible at all times during construction should be posted at strategic locations
within the project area. The notifications and signs should identify the address, "hotline" number, and
name of a designated person to contact for the purpose of responding to questions or complaints during
the construction period. The notifications and signs shall also identify the hours of permissible
construction work and estimated duration.
These mitigation measures are expected to reduce the impacts of the nighttime grading to a levei of
insignificance. However, some short-term noise-related inconvenience to nearby residents is still likely to
occur. As a result, no significant noise impacts are anticipated.
"Fill Site" ImDacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. Onsite noise levels are dominated by the noise generated by traffic on
Interstate 15. This information was known when the original project was considered and approved. A
supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not
identify any additional impacts.
12. POPULATION AND HOUSING. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and:Sun~rtiriaJnfqrtJtatlbnSources Impact Incomorated Impact Impact
a. Induce substantial population growth in an area, either directly -/
(for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other
infrastructure)?
b. Displace substantial numbers of existing housing, necessitating -/
the construction of reolacement housing elsewhere?
c. Displace substantial numbers of people, necessitating the -/
construction of replacement housing elsewhere?
Comments:
"Source Site" ImDacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The project is located in an area identified for
future commercial land uses and will not result in the displacement or removal of any residential units. The
"source site" is currently undeveloped. As a result, no significant impacts are expected from the proposed
grading operation.
"Fill Site" ImDacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts since the site is designated for
commercial uses.
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15
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in order
to maintain acceptable service ratios, response times or other performance objectives for any of the public
services:
Potentially
Potelitially Sfgn.iticant UnleSs Less Than
Significant Mitigation Significant' No
tssu,esand-SuDoortihc:i,lnfo'miation>SoiJrCe:s . . .mnpact _lncornorated Impact -Impact
a. Fire protection? ./
b. Police orotection? ./
c. Schools? ./
d. Parks? v
e. Other Dublic services or facilities? ./
Comments:
"Source Site" ImDacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The removal of material from the "source site" and
transporting it across Ynez Road to the '1ill site" will not affect the demand for fire, police, school or park
services. The existing City staff (most noticeably from the Public Works and Police Departments) will
incorporate this project into their normal work schedule routine. These additional services will be short-term
construction related. The Public Works Department's costs of these additional services are expected to be
covered by the applicable permit fees. The additional Police Department involvement may occur if extreme
traffic congestion occurs or if an accident or collision necessitates their involvement. However, these
additional short-term construction-related service requirements are considered to be minor. As a result, no
significant impacts are expected from the proposed grading and transport operation.
"Fill Site" ImDacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not any additional significant impacts to public services. Some
additional grading inspections will occur on this site while the grading/transport activities are ongoing.
14. RECREATION.
. ... . Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues andSuDDOrtina Information Sources Impact Incorporated . Impact Impact
a. Would the project increase the use of existing neighborhood ./
and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur or
be accelerated? .
b. Does the project include recreational facilities or require the ./
construction or expansion of recreational facilities which might
have an adverse ohvsical effect on the environment?
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Comments:
"Source Site" Impacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
.
the eventual construction of the extension of Rancho Way. The project is located in an area identified for
future commercial land uses. The project will have no effect on either the demand for, or the operation of, any
recreation facilities. As a result, no significant impacts are expected from the proposed grading operation.
"Fill Site" Impacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts.
15. TRANSPORTATION/TRAFFIC. Would the project:
Potentially
POtentially Significant Less Than
_ Significant Unless Significant No
Issues and SuppOrting Infonnation Sources Impact Mitigation Impact Impact
IncorDorated
a. Cause an increase in traffic which is substantial in relation to -I'
the existing traffic load and capacity of the street system (Le.,
result in a substantial increase in either the number of vehicle
trips, the volume to capacity ration on roads, or congestion at
intersections)? .
b. Exceed, either individually or cumulatively, a level of service -I'
standard established by the county congestion management
aqency for desiqnated roads or hiohwavs?
c. . Result in a change in air traffic patterns, including either an -I'
increase in traffic levels or a change in location that results in
substantial safety risks?
d. Substantially increase hazards due to a design feature (e.g., -I'
.
sharp curves or dangerous intersections) or incompatible uses
le.a., farm eauipment)?
e. Result in inadequate emerqencv access? -I'
f. Result in inadequate Darkinq caDacity? .(
g. Conflict with adopted policies, plans, or programs supporting -I'
. alternative transDortation le.a., bus turnouts, bicvcle racks)? .
Comments:
"Source Site" ImDacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The project proposes to use scrapers to collect soil
frOm the "source site" and deliver it to the ''fill site" located on the west side of Ynez Road. The proposed
grading operation will use flagman and traffic control devices to stop street traffic when the scrappers are
crossing the roadway. This has the potential to impact traffic flbws along Ynez Road. However, to minimize
. the impacts to Ynez Road, the earthmoving-related activities will occur after 7:00 p.m.
Daily traffic counts taken along Ynez Road on August 12, 2004 indicate that only 5,941 trips, approximately
. 17% of the average daily trips, occur between the hours of 7:00 p.m. and 7:00 a.m. As a result, conducting the
R:IE AlEA 121 Auto Mall GradingUES.v3.doc 17
cross Ynez Road earthmoving operation during the night will avoid any significant impacts to the City's
circulation system. Information on the average daily vehicle trips on Ynez Road is shown in the following table.
AVERAGE DAILY TRAFFIC VOLUMES ON YNEZ ROAD
Dail Time Increment
7:00 a.m. to 1 :00 p.m.
1 :00 p.m. to 7:00 p.m.
7:00 p.m. to 7:00 a.m.
Measured 24-hour Traffic Volume
Average Vehicle
Tri s
12,615
17,258
5,941
35,814
Percent of the
Daily Tri s
35.2%
48.2%
16.6%
Average Trips
er Hour
2,103
2,876
495
In an effort to minimize the potential for significant traffic delays along Ynez Road, as well as the Ynez Road
and Rancho California Road intersection, the proposed grading will take place after 7:00 p.m. As a result, the
proposed grading activities are expected to have a minimal impact on the vehicular circulation on Ynez Road.
The impacts will be limited to repeated periodic delays as street traffic is halted for the scrapers to cross Ynez
Road. The typical delay should be less than one minute in duration. In addition, to minimize the impacts to
traffic on Ynez Road,a detailed traffic control plan will be prepared to identify ways to safely manage the
conflicts between the street traffic and the grading operation. Ynez Road will remain passable to the
movement of street traffic, no adverse impacts are expected to emergency access. As a result, no significant
impacts are expected.
"Fill Site" ImDacts
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts to the site.
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SunoOrtinn-lnfortnatiQHSources' . _ :Imnact ;Inco";;orated lrnnact Imnact
a. Exceed wastewater treatment reqUirements of the applicable .,..
ReQional Water Quality Control Board?
b. Require or result in the construction of new water or .(
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new storm water .(
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d. Have sufficient water supplies available to serve the project .(
from existing entitlements and resources, or are new or
expanded entitlements needed?
e. Result in a determination by the wastewater treatment provider .(
which serves or may serve the project that it has adequate
capacity to serve the project's projected demand in addition to
the Drovider's existinQ commnments?
f. Be served by a landfill with sufficient permitted capacity to .,..
accommodate the oroiect's solid waste disposal needs?
g. Comply with federal, state, and local statutes and regulations .,..
related to solid waste?
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Comments:
"Source Site" ImDacts
The proposed project is a grading operation to remove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The proposed grading project will not affect the
sewer, water, or solid waste systems that provide service to the City. As a result, no significant impacts are
expected from the proposed grading operation.
"Fill Site" ImDa~s
The impacts associated with the site development of Parcel Map 23496 were previously identified by
Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site
improvements for Parcel Map 23496 did not identify any additional impacts since the site is designated for
commercial uses.
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
Potentially
Potentially Significant Unless Less Than
. IsSlies,and,SuDoortlno:"tnformatipn:.so.ufCeS< Significant Mitigation Significant No
.. . . Imoact Incomorated Imoact lmoact
a.. Does the project have the potential to degrade the quality of the ./
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important examples of
the maior Deriods of California historv or orehistorv?
b. Does the project have impacts that are individually limited, but ./
cumulatively considerable? ("Cumulatively considerable"
means that the incremental effects of a project are
considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of
orobable future oroiectsl?
c. Does the project have environmental effects which will cause ./
substantial adverse effects on human beings, either directly or
indirectlv?
Comments:
The proposed project is a grading operation to reniove fill material from the east side of Ynez Road and
deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and
the eventual construction of the extension of Rancho Way. The project consists of about 5-acres of grading on
an infill site along a commercially designated corridor within the City of Temecula. The project has no potential
to result in a significant cumulative impact. In addition, the proposed project is consistent with the adopted City
. General Plan. The impacts associated with the site development of Parcel Map 23496 were previously
identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the
site improvements for Parcel Map 23496 did not identify any additional impacts. The development proposed
within Parcel Map 23496 is also consistent with the General Plan. Furthermore, any impacts associated with a
short period of night time grading will also not result in any significant cumulative impacts. As a result, this
project will not result in any cumulative impacts to the environment.
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SOURCES
1. City of Temecula General Plan.
2. City of Temecula General Plan Final.Environmentallmpact Report.
3. Biologic and Jurisdictiol)allnvestigation. prepared by Thomas Leslie Corporation, July 30, 2004.
4. Preliminary SoillnvestigationlLiquefaction Study. prepared by Leighton and Associates, December 17,1985.
5. Noise Study for the Rough Grading of the T emecula Auto Mall Expansion in the City of T emecula, prepared by
Weiland Associates, May 2005.
6. Information provided by the Director and Deputy Director for the Public Works Department.
o
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rrfwmas Les[ie Cotporation
Biological & Cultural Investigations & Monitoring
Mr. Isaac Lei
Selby Development Corporation
853 East Valley Boulevard, Suite 200
P.O. Box 8527
San Gabriel, California 91776
July 30, 2004
SUBJECT:
. Results of Biological and Jurisdictional Investigations of APN 921-300-013
Dear Mr. Lei:
Thomas Leslie Corporation is pleased to present the results of the subject biological and jurisdictional investigations
of Assessor's Parcel Number (APN) 921-300-013. The parcel is also identified as Lot 12 of Tract No. 3334. The
. biological investigations included performance of a biological constraints analysis (BCA) and a Burrowing Owl
. (Alhene cunicularia; BO) habitat suitability assessment (BO-HSA). Jurisdictional investigations included
performance of a delineation of wetlands and waters. The findings of the biological and jurisdictional investigations,
divided into Pre-Field Survey and onsite Field Survey investigations, are provided in this letter report.
The findings of the BCA, divided into Pre-Field Survey and onsite Field Survey sections, are provided in this report.
I.
SUMMARY OF BeA INVESTIGATIONS
.
APN 921-300-013 is located outside any MSHCP Criteria Areas. Therefore, development of the parcel would
not conflict with, or be constrained by, conservation goals of the MSHCP.
APN 971-300-013 is not located within critical Quino Checkerspot Butterfly or California Gnatcatcher habitat.
APN 921-300-013 is located inside Stephens' Kangaroo Rat (SKR) Plan Area/Fee Area.
The MSHCP reouires performance of habitat suitability assessment field survey for the Burrowing Owl (BO).
No suitable primary or secondary BO habitat was identified onsite during performance of the May 28, 2004
. habitat suitability assessment field survey. The closest state BO occurrence record is 1.2:1: miles southeasterly of
the eastern corner of APN 921-300-013. No BO individuals were observed onsite on May 28 or July 23, 2004.
Nom! were observed during three previous surveys performed in 2001 and 2000 (TLC, 2001).
.
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.
No listed, or unlisted but sensitive plant or wildlife species, were observed onsite in 2004. None were observed
during three previous surveys performed in 2001 and 2000 (fLC, 2001).
.
Four linear jurisdictional features are present within the boundaries of APN 921-300-013 (see Figure 4). The
following jurisdictional elements were delineated along the four linear jurisdictional features:
Main Drainage:
(1) 0.323:1: acres of jurisdictional intermittent waters of the state and 0.175:1: acres of jurisdictional intermittent
waters of the US.
(2) 0.060:1: acres of wetlands.
(3) 1.359:1: acres of riparian habitat
P.O. Box 2229 Temecula, CA 92593-2229 Office (909) 296-6232 Fax (909) 296-6233
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Tributaries A. B and C (no riparian habitat. no wetlands):
T -A: 0.024:1: AC of ephemeral waters of state and
T-B: 0.031:1:AC of ephemeral waters of state and
T-C: 0.053:1: AC of ephemeral waters of state and
0.108:1: AC total
0.008:1: AC
0.008:1: AC
0.014:1: AC
0.030:1: AC
of ephemeral waters of the US.
of ephemeral waters of the US.
of ephemeral waters of the US.
total
. Construction of seven proposed building pads will involve the following:
(1) Filling of 0.080:1: acres of ephemeral waters of the state and 0.022:1: acres of ephemeral waters of the US at
the southerly ends of Tributaries A, B and C. Non-notifying US Army Corps of Engineers' Nationwide
Permit 39 (NWP-39) can be used to authorize impacts to waters of the US at the southerly ends of
Tributaries A, B and C. Use of NWP-39 reqJ1ires pre-grading procurement of the following state permits: a
California Department of Fish and Game Streambed Alteration Agreement (1602) and a Regional Water
Quality Control Board 401 permit.
(2) Preservation of the following jurisdictional elemen!S:
Main Drainage: 1.359:1: acres.of riparian habitat, 0.323:1: acres of intermittent waters of the state, 0.060:1:
acres of wetlands and 0.175:1: acres of intermittent jurisdictional waters of the US.
Tributaries: 0.028:1: acres of ephemeral jurisdictional waters of state and 0.008:1: acres of ephemeral
jurisdictional waters of the US at the northerly ends of Tributaries A, B and C. If impacts are ever
proposed, an Individual US Army Corps of Engineers 404 permit and stat 1602 and 401 would be
required.
0. LOCATION OF APN 921-300-021
. Fignre 1 illustrates the boundaries of APN 921-300-013 on the 2004 Thomas Guide San Bernardino and
Riversi-de Counties Street Guide and Directory on Detail map page 958, map coordinates H-5, J-5, H-6 and J-
6.
. Figure 2 plots the boundaries of the parcel in the portions of Section 36, Township 7 South, Range 3 West and
Section 1, Township 8 South, Range 3 West, of the Munieta, Calif., United States Geological Surveys (USGS)
quadrangle.
The Temecula Valley Freeway (Interstate 15; 1-15) provides regional access to APN 921-300-013. The parcel can
be reached by exiting 1-15 at Rancho California Road and driving northeasterly 0.1:1: miles to Ynez Road. Turn left
onto Ynez Road and proceed 0.3:1: miles to the southern comer of the parcel.
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III. PURPOSE OF THE BIOLOGICAL AND JURISDICTIONAL INVESTIGATIONS
The 2004 biological and jurisdictional investigations were performed to (a) identify the presence of any sensitive
biological elements (plant and wildlife species or habitat) or jurisdictional elements (waters, wetlands or riparian
habitat), which Could potentially constrain planning for, or development of, APN 921-300-013, (b) ascertain the
need to perform additional focused biological investigations within the boundaries of APN 921-300-013 and (c)
map, describe and quantify the jurisdictional elements present onsite. The results of. the biological and
jurisdictional investigations are summarized' in Section VI of this report (see pages 6-11).
. IV. PRE-FIELD SURVEYS INVESTIGATIONS METHODOLOGY
The Pre-Field Survey analysis included reviews of the state records searches and GIS and MSHCP maps
concerning APN 921-300-013 and the immediately surrounding vicinity, to determine if any sensitive biological
elements are recorded or mapped on, or could be expected to occur within the boundaries of APN 921-300-013.
This information was used to determine if additional species-specific focused field surveys will be necessary.
A. Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Analysis
The Riverside County MSHCP (MSHCP, 2003) was analyzed to determine: (1) which MSHCP Area Plan APN
921-300-013 is located in, (2)' if APN 921-300-013 is located inside any Criteria Area, (3) which biological
investigations are required by the MSHCP for the parcel, (4) if the development of APN 921-300-013 will conflict
with conservation goals of the MSHCP and (5) if APN 921-300-013 is inside or outside the MSHCP Fee area.
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2004 Thomas Guide for S.Bemardino & Riverside Cos., Pg. 958, Coords,_H-5, J-5, H-6 & J-6
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BIOLOGICAL & CULTURAL
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Figure 1
Location of
APN 921-300-013
Illustrated on the Thomas GUide Map
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S36, TIS, R3W & S1, T8S, R3W, of the Murrieta, Calif., USGS Quadrangle
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Figure 2
Location of
APN 921-300-013
Illustrated on a USGS Quadrangle Map
':fliomasLesfie Coryoration
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B. Federal Critical Habitat Maps Analysis
The Federal Coastal California Gnatcatcher (CAGN) designated (FWS, 2000), and proposed (FWS. 2003) Critical
Habitat Maps and Federal designated Quino Checkerspot Butterfly (QCB) Critical Habitat (FWS, 2002a) maps
were analyzed to determine whether APN 921-300-013 is located inside or outside designated or proposed critical
CAGN habitat and designated critical QCB habitat.
C. Stephen's Kangaroo Rat (SKR) Fee Area Map Analysis
The Riverside County SKR Plan Area/Fee Area map (RCHCA, 2000) was analyzed to determine whether APN
921-300-013 is located inside or outside the SKR fee area.
D. State Record Search
Califomia Department of Fish and Game (CDFG) Natural Diversity Data Base (CNDDB) records search report,
and velum overlay map for the 1953 (Photorevised 1979) Murrieta, Calif., USGS topographic 'quadrangle (CDFG,
2004a, b), were analyzed to determine if any sensitive biological elements (species and habitats) are recorded on
APN 921-300-013.
E. Tract Specific Riverside County Records Search
Riverside County Geographic Information System (GIS) Full Report Format Print Out and Gnatcatcher Habitat,
Q.C. Butterfly Habitat and Vegetation maps for APN 921-300-013 (GIS, 2004a, b, c, d), and MSHCP vegetation
map for the Area Plan containing APN 921-300-013 (MSHCP, 2003), were analyzed to determine if any sensitive
habitat, or plant or wildlife species are mapped onsite by the County.
V. FIELD SURVEYS INVESTIGATIONS METHODOLOGY
Five constraints analysis level and jurisdictional delineation field surveys have been performed onsite on May 28,
July 23, 2004, February 19 and May 31, 2001 and October 3, 2000. The five surveys were performed by TLC
'biologists Thomas Leslie (B.S.-M.S. Biology) and Nadya V. Leslie (M.S. Biology), to accomplish the nine
objectives listed below. The "Field Surveys RESULTS" portion, of this biological and jurisdictional investigations
report, is divided into nine sections (A-I) corresponding to the nine objectives listed below.
A. Identify the actual habitat types growing onsite, and compare them to those mapped onsite by the County's
MSHCP and GIS Vegetation maps (MSHCP, 2003; GIS, 2004<1).
B. Compile lists (inventories) of the predominant plant and wildlife species present and identifiable within the
boundliries of APN 921-300-013 at the time the field surveys were performed.
C. Determine the presence or absence of habitat potentially capable of supporting sensitive plant and wildlife
species within the boundaries of APN 921-300-013.
D. Search APN 921-300-013 for sensitive biological elementS (sensitive habitat and/or state or federally listed
threatened or endangered species or species candidates for listing) present and identifiable at the time the
constraints analysis field surveys were performed.
E. Determine if any species-specific biological investigations (habitat snitability assessments field surveys) are
required by the Riverside County MSHCP and Summary Parcel Number report.
F. Describe any sensitive biological elements (species or habitat), observed onsite in Mayor July, 2004, February
and May 2001 or October 2000, that were not recorded within the boundaries of APN 921-300-013 by the
CNDDB (CDFG, 20048, b).
G. Identify and preliminarily evaluate the significance of potential impacts to existing onsite sensitive biological
resources related to future development of APN 921-300-013.
H. Map, describe and quantify the jurisdictional elements (waters, wetlands and riparian habitat) present within
the boundaries of APN 921-300-013.
I. Make recommendations regarding the need to perform additional biological investigations.
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VI. RESULTS OF THE 2004 PRE-FIELD SURVEYS INVESTIGATIONS
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A. Relationship of APN 921-300-013 to the County MSHCP
A-I. MSHCP Area Plan
Review of the MSHCP maps showed that APN 921-300-013 is located within Southwest Area Plan.
A-2. MSHCP Criteria Area
Review of Figure 3-31 (Vol. I, Part I of 2, page 3-451) of the MSHCP showed that APN 921-300-013 is located
outside any MSHCP Criteria Areas. Thenifore, the development of the parcel will not conflict with, or be
constrained by, conservation goals of the MSHCP.
A-3. MSHCP Recommended Surveys
According to the Appendix A MSHCP Summary Parcel Number report, for APN 921-300-013, a "habitat
assessment should be required and should address at a minimum potential habitat" for the species listed on
Summary Parcel Number report. "If potential habitat for these species is determined to be located on the property
focused surveys may be required during the appropriate season."
. As indicated by Summary Parcel Number report, the only required by the MSHCP survey for APN 921-300-
013 is a BUITowin2 Owl (BO) habitat suitability assessment.
NOTE: The BO assessment was performed on May 28,2004. In addition, since the BO "occurs within the
MSHCP Area Plan as a breeding and wintering resident" (MSHCP, pages B-69 and B-72), and "it
is a resident in the open areas of the lowlands over much of the southern California region"
including "Riverside County" (Zeiner et al., 1990; Garrett and Dunn 1981), a search was also
made for BO individuals. The results of the BO investigations are discussed on page 11 of this
report.
A-4. MSHCP Conservation Goals Within the BoundarieS of the Property
AE noted above, APN 921-300-013 is located outside any MSHCP Criteria Areas. Therefore, the development of
the parcel would not conflict with, or be constrained by, conservation goals of the MSHCP.
A-5. MSHCP Fee Area - Ordinance 810
As indicated in "MSHCP FEE Ord. 810" section of the GIS Full Report Format Print Out for APN 921-300-013,
the parcel is located inside MSHCP Fee Area. That is, the fee must be paid, in accordance with Ordinance 810.2,
"at the time a certificate of occupancy is issued for the residential unit or development project or upon final
inspection, whichever occurs first" (County, 2003). As stated in Section 7 of Ordinance 810.2, "the following Fee
shall be paid for each development project within the boundaries of the Western Riverside County Multiple
Species Habitat Conservation Plan Fee Area:
Residential, density less than 8.0 dwelling units per acre/$1,651 per dwelling unit
Residential, density between 8.1 and 14.0 dwelling units per acre/$1,057 per dwelling unit
Residential, density greater than 14.1 dwelling units per acre/$859 per dwelling unit
Commercial/$5,620 per acre
Industrial/$5,620 per acre" (County, 2003).
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NOTE: County Ordinance 810.2 is viewable online at hUp:/Iwww.dma.co.riverside.ca.uslordinances/ord810.2.html.
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The specific fee applying to APN 921-300-013 will be determined by the City of Temecula.
B. Federal Critical Habitat Maps Analysis Results
Analysis of the federal CAGN designated (FWS, 2000) and Proposed (FWS, 2003) Critical Habitat maps and
federal designated QCB (FWS, 2002a) Critical Habitat maps showed that APN 921-300-013 is located outside
designated critical QCB, and outside designated and proposed critical CAGN habitat.
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C. Stephen's Kangaroo Rat (SKR) Fee Area Map Analysis Resnlts
Analysis of the SKR Fee Area Boundary map (RCHCA, 2000) showed that APN 921-300-013 is located inside the
$500.00 per acre SKR Fee Area. The specific fee applying to APN 921-300-013 will be determined by the City of
Temecula.
D. State Record Search Results
Current CDFG CNDDB records search report and velum overlay map, for the 1953 (Photorevised 1979) Murrieta,
Calif., USGS topographic quadrangle (CDFG, 2004a, b) were analyzed to determine what sensitive biological
elements (species and habitats) are recorded within the boundaries of APN 921-300-013. The results of the
analysis are summarized below in D-1, D-2 and D-3.
D-1. Potential for Listed, or Unlisted but Sensitive, PLANT Species to Occur Onsite
No listed or unlisted but sensitive plant species are recorded onsite by CNDDB. None were observed ousite in
2004,2001 or 2000 (TLC, 2001). .
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D-2. Potential for Listed, or Unlisted but Sensitive WILDLIFE Species to Occur Onsite
No listed or unlisted but sensitive wildlife species are recorded onsite by CNDDB. None were observed onsite in
2004,2001 or 2000 (TLC, 2001). .
D-3. Potential for Sensitive Habitat Types to Occur Onsite
No sensitive habitat types are recorded ousite by CNDDB. However, 1.4:1: acres of riparian Willow-Mulefat habitat
was identified onsite growing along the unnamed tributary of Empire Creek, situated adjacent to the northern
parcel boundary. Willow Scrub is identified as a CNDDB natural, native plant Community of Highest Inventory
Priorities (C.H.I.P.).
E. Property Specific Riverside County Records Search Resnlts
Riverside County GIS Full Report Format Print Out and Gnatcatcher Habitat, Q.c. Butterfly Habitat and
Vegetation maps for the property (GIS, 2004a, b, c, d), and MSHCP vegetation map for the Southwest Area Plan
(MSHCP, 2003, page 3-451), were reviewed to determine if sensitive habitat or plant or wildlife species are
mapped onsite by the County.
E-l. Vegetational Types Mapped by Riverside County's GIS and MSHCP Maps
The Riverside County GIS Vegetation map for the property, and Figure 3-31 of the MSHCP, both illustrate the
following habitat types within the boundaries of APN 921-300-013:
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"Coastal Sage Scrub" (MSHCP) called "Riversidean Sage Scrub" by the GIS.
"Grassland" (MSHCP) called "Non-native Grassland" by the GIS.
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. . "Developed, Disturbed Land"(MSHCP) called "Residential/Urban/Exotic" by the GIS.
The veracity of County vegetational mapping was "field checked" during field surveys performed in 2004, 2001
and 2000.
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E-2. Sensitive Species or Habitats Mapped Onsite by the County's GIS and MSHCP
. No sensitive species are mapped onsite. However, sensitive habitat type (Riversidean Sage Scrub) is mapped
onsite by the Couuty GIS.
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Two habitat types known to support sensitive species in Riverside County are mapped onsite by the County
GIS and MSHCP maps: Riversidean Sage Scrub and Non-native Grassland.
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VII. RESULTS OF THE 2004 FlEW SURVEYINVIi:STIGATIONS
Using the results of the Pre-field Survey investigations, two BCA and jurisdictional delineation field surveys were
performed in 2004. In addition, three surveys were performed in 2001 and 2000 (TLC, 20011. The two 2004 field
surveys were performed onsite, to "field check" the data obtained during the Pre-Field Survey investigations and
accomplish the nine objectives outlined in Section IV (page 5), of this report.
A summary of the results of the two 2004 Field Survey investigations are presented in the following nine sections.
When appropriate, data from TLC's two 200 I field surveys and TLC's one 2000 field survey were incorporated
into the 2004 BCA report.
A. Habitat Types Identified Onsite Compared to Those Mapped by Riverside County's Vegetation
Maps
A-I. County Mapped Vegetation Types
As described above, and as illustrated on Figure 3-31 of the MSHCP, the following vegetational types mapped
within the boundaries of APN 921-300-013:
. "Coastal Sage Scrub" (MSHCP) called "Riversidean Sage Scrub" by the GIS.
. . "Grassland" (MSHCP) called "Non-native Grassland" by the GIS.
. "Developed, Disturbed Land" (MSHCP) called "ResidentiallUrbanlExotic" by the GIS.
A-2. Habitat Types ACTUALLY Field Identified Onsite in 2004
During the 2004 field surveys it was determined that the county vegetation mapping is inaccurate. The most
notable differences are described below. The eight Appendix B Photo Plates provide representative views of the
three vegetation types observed on APN 921-300-013 during the 2004 biological and jurisdictional investigations
field sUrveys. Figure 3 illustrates the approximate boundaries of habitat. types actually field identified onsite in
2004. The following discrepancies were noted between County vegetation map and the vegetational cover of the
property identified onsite on May 28, 2004.
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No Riversidean Sage Scrub habitat actually occurs onsite. The majority of the area, mapped by the county as
Riversidean Sage Scrub. is actually Willow-Mulefat Scrub riparian habitat (Photo Plate Nos. la, Ib, Za, 3a, 3b,
4a, Sa, 630 7a, 7b and 7c).
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c.
The area mapped by the County as Non-native Grassland (NNG) is actually a mosaic of Buckwheat Scrub
(BS) and disked ResidentiallUrbanlExotic (RUE) areas supporting sparse to moderate growth of "weedy"
grasses and herbs (Photo Plate Nos.la, Ib, 7a, 7b, 7c, 8a and 8b).
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In 2004, areas mapped as Residential/UrbanlExotic were more extensive than mapped by the County.
NOTE:
Disking of firebreaks onsite sometime between May 28 and July 23, 2004 reduced the patch sizes of
BS and RUE. It is our understanding that firebreak disking was performed in response to a Notice to
Abate - Parcel Number 921300013 from the City of Temecula (City, Undated).
As illustrated on Figure 3, the following habitat types and vegetational associations were identified onsite:
. 1.359 acres of Willow-Mulefat Scrub riparian habitat, dominated by Mule Fat (Baccharis salicifolia), Red
Willow (Salix /aevigata), Gooding's Black Willow (Salix gooddingii) and Freemont Cottonwood (Populus
fremontil).
. 6.042 acres of Buckwheat Scrub habitat, dominated by California Buckwheat (Eriogonumfasciculatum).
. 12.499 acres of ResidentiallUrbanlExotic non-habitat vegetational association dominated by Tocalote
(Centaurea melitensis), Short-pod Mustard (Hirschfeldia indana), Red-stemmed Filaree (Erodium cicutarium).
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_ as = Buckvvfleat Scrub (6.042t AC) _ WMF = Willow-Mulefat Scrub (1.359:t AC)
m!!!I RUE = ResidentiaVUrbanlExotic (12:499% AC)
Map Source: Riverside County GIS Aerial Photograph of APN 921-300-013
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Figure 3
Vegetational Map for
Assessor's Parcel No.
921-300-013
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B. Predominant Plant and Wildlife Species
B-1. Predominant Plant Species of APN 921"300-013
The Appendix C Floral Compendium (FC) provides an inventory of plant species identified onsite during field
surveys performed on May 28 and July 23, 2004. It also includes species identified in 2001 and 2000. The FC was
compiled to (a) inventory onsite botanical resources and (b) determine the presence or absence of sensitive plant
species identifiable, within the boundaries of APN 921-300-013, at the time the surveys were performed. It only
lists those plant species actually observed within the boundaries of APN 921-300-013 in 2004, 2001 and 2000. It
does not include a list of "expected but not observed" species. The FC is not intended to be an all inclusive list
because some species growing onsite may have been undetectable or overlooked during the field surveys because
they were not obviously present, visible or identifiable (e.g., had not germinated, were not flowering, had not
developed or had lost the morphological structures necessary for identification to species at this time of the year,
etc.).
An analysis of the FC showed the following:
. Ninety (90) plant species were identified onsite between October 3, 2000 and July 23, 2004.
. The 90 plant species identified onsite are locally common species typically associated with WiIlow-Mulefat
Riparian Scrub and Buckwheat Scrub habitat types and ResidentiallUrbanlExotic non-habitat vegetational
associations of Temecula, California.
Forty-one (41) non-native plant types have been identified within the boundaries of APN 921-300-013. This
represents 45.6% (41/90) of the 90 plant types identified onsite. Natural habitats of Western Riverside County,
including Temecula, usually contain ~ than 25% of non-native plant species. High percentages of non-
natives are indicative of highly disturbed properties like APN 921-300-013.
No listed or unlisted but sensitive plant species were identified during two focused botanical field surveys
performed onsite in May and July 2004, two field surveys in February and May 2001 and October 2000 field
survey (TLC,2oo1).
B-2. Predominant Wildlife Species of APN 921-300-013
The Appendix D Wildlife Compendium (WC) provides a preliminary inventory of wildlife species identified onsite
on during field surveys performed on May 28 and July 23, 2004. The WC was compiled to (a) inventory onsite
faunal resources and (b) determine the presence or absence of sensitive wildlife species identifiable, within the
boundaries of APN 921-300-013, at the time the surveys were performed. It only lists those wildlife species
actually observed within the boundaries of APN 921-300-013 on May 28 and July 23,2004. It does not include a
list of "expected but not observed" species. The WC is not intended to be an all inclusive list because some species
utilizing the property may have been undetectable or overlooked during the field surveys because they were not
obviously present, visible or identifiable (e.g., were secreted in subterranean boroughs, are nocturnal, were
foraging off-site during the surveys, etc.).
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An analysis of the WC showed the following:
. Fourteen (14) wildlife species were identified within the boundaries of the property on May 28 and July 23,
2004.
. The wildlife species identified within the boundaries of APN 921-300-013, were locally common species
characteristically associated with WilIow-Mulefat Riparian Scrub and Buckwheat Scrub habitat types and
ResidentiallUrbanlExotic non-habitat vegetational associations of Temecula, California.
. No Burrowing Owl individuals were observed onsite in 2004. None were identified onsite in 2001 or 2000
(TLC, 2001). .
. No listed or unlisted but sensitive wildlife species were identified during two focused wildlife surveys
performed onsite in May and July 2004, two field surveys in February and May 2001 and October 2000 field
survey (TLC, 2001).
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C. Determine the Presence or Absence of Habitat Potentially Capable of Supporting Sensitive Plant
and Wildlife Species Onsite
Onsite Buckwheat Scmb and riparian habitat might provide suitable habitat for sensitive species. However, no
sensitive species were observed during five surveys performed during three different years: two in 2004, two in
2001 and one in 2000 (TLC, 2001).
D. Search the Property for Sensitive Species
No listed or unlisted but sensitive plant or wildlife species were observed onsite during five surveys perfonned
onsite in 2004, 2001 and 2000. None are recorded onsite by the CNDDB (CDFG, 2004a, b).
The City of Temecula (1999) GIS map, identifying Potential Environmentally Sensitive Habitat Area within the
City, and its sphere of influences, indicates APN 921-300-013 is in an "area where a habitat assessment for the
Quino Checkerspot Butterfly (QCB) and the California Gnatcatcher (CAGN) is recommended." However, no QCB
orCAGN studies are required by the MSHCP. Therefore, since the City is signatory to the MSHCP, no additional
studies are necessary for either species because both the QCB and the CAGN are "covered" by the incidental take
pennits of the MSHCP.
E. Determine the Need to Perform Biological Investigations Required by MSHCP Summary Parcel
Number Reports for APN 921-300-013
As identified, by the Summary Parcel Number report for APN 921-300-013 the only habitat suitability assessment
sUrveys REQUIRED by the MSHCP is a Burrowin~ Owl habitat suitability .assessment (BO-HSA). The BO-HSA
was. perfonned on May 28, 2004. In addition, since the BO is a year-round resident in Riverside County, a search
for BO individuals was also conducted.
FINDINGS OF THE BO-HSA:
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No suitable primary or secondary BO habitat ("grassland" or "agricultural land") was identified onsite during
the May 28, 2004 field survey.
No BO individuals were observed onsite on May 28 or July 23, 2004.
No additional surveys are necessary. None are recommended.
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F. Ascertain the Presence of Sensitive Biological Elements (Plant or Wildlife. Species or Habitat) not
Recorded by CDFG CNDDB and Riverside County GIS Records
No sensitive plant or wildlife species, not recorded by CDFG CNDDB records, were observed onsite during May
28 audIuly 23 2004 surveys or in 2001 or 2000 (TLC, 2001). .
G. Identify and Evaluate the Significance of Potential Impacts to Existing Onsite Sensitive
. Biological Resources (Habitat and Plant and Wildlife Species) Related to Implementation of
Land Use Plan Proposed by the Property
Development of APN 921-300-013 will not result in significant impacts to listed or unlisted but sensitive plant and
wildlife species becaus~ none have been observed onsite during five surveys performed during three different
years.
H.
The incidental take of 146 sensitive species of the County and City of Temecula, and/or removal of
unoccupied but potentially suitable habitat for them is authorized and mitigated by the MSHCP.
Map, Describe and Quantify the Jnrisdictional Elements (Waters, Wetlands and Riparian
Habitat) Present Within the Boundaries of APN 921-300-013
Four linear jurisdictional features are present within the boundaries of APN 921-300-013 (see Figure 4). The
following jurisdictional elements listed on page 13 were delineated along the four linear jurisdictional features.
Table 1 provides a detailed summary of the jurisdictional elements delineated onsite and locations and
quantities of impacts related to construction of seven pad sites and preservation areas.
NOTE:
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6\.\"X;:-.:}f> /;;
Y,\ ....
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\ Area
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:.,';:JribU~1)' A
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STP-1 = Location of Wetland Delineation Sample Test Plot Nos. 1, 2 and 3.
D = Area not being disturbed during grading activities.
M-1, A-1, a-1, C-1 = Areas where delineation measurements were made.
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Figure 4
Jurisdictional Delineation Map
for APN 921-300-013
rfiomas .Les(ie Coryoration
BIOLOGICAL & CULTURAL
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Main Drainage:
(1) 0.323:1: acres of jurisdictional intermittent waters of the state and 0.175:1: acres of jurisdictional intermittent
waters of the US.
(2) 0.060:1: acres of wetlands.
(3) 1.359:1: acres of riparian habitat
Tributaries (no riparian habitat. no wetlands):
T-A: 0.024:1: AC of ephemeral waters of state and
0.008:1: AC
of ephemeral waters of the US.
T-B: 0.031:1: AC of ephemeral waters of state and
0.008:1: AC
of ephemeral waters of the US.
T-C: 0.053:1: AC of ephemeral waters of state and
0.014:1:AC
of ephemeral waters of the US.
0.1 08:1: AC total
0.030:1: AC
total
.
Construction of seven proposed building pads will involve the following:
Construction of seven proposed building pads will involve the following:
(1) Filling of 0.080:1: acres of ephemeral waters of the state and 0.022:1: acres of ephemeral waters of the US at
the southerly ends of Tributaries A, B and C. Non-notifying US Army Corps of Engineers' Nationwide
Permit 39 (NWP-39) can be used to authorize impacts to waters of the US at the southerly ends of
Tributaries A, B and C. Use of NWP-39 requires pre-grading procurement of the following state permits: a
California Department of Fish and Game Streambed Alteration Agreement (1602) and a Regional Water
Quality Control Board 401 permit.
(2) Preservation of the following jurisdictional elements:
Main Draina~e: 1.359:1: acres of riparian habitat, 0.323:1: acres of intermittent waters of the state, 0.060:1:
acres of wetlands and 0.175:1: acres of intermittent jurisdictional waters of the US.
Tributaries: 0.028:1: acres of ephemeral jurisdictional waters of state and 0.008:1: acres of ephemeral
jurisdictional waters of the US at the northerly ends of Tributaries A, Band C. If impacts are ever
proposed, an Individual US Army Corps of Engineers 404 permit and stat 1602 and 401 would be
required.
.
Table 1:
Summary of Jurisdictional Elements of APN 921-300-013
CDFG Jurisdiction in Acres COE Jurisdiction in Acres
Linear Average Average Area to
Jurisdictional Length CDFG Area to Area to
Feature (see in Feet Width . COE Width Area to be be be
Figure 4) in Feet in Feet Total be Preserve Total Impacted Preserve
Impacted d d
Main 962.5 61.5 7.9 1.359 0.000 1.359 0.175 0.000 0.175
Drainage (M)
Tributary A 160.0 6.4 2.3 0.024 0.017 0.007 0.008 0.006 0.002
Tributary B 266.0 5.1 1.3 0.031 0.023 0.008 0.008 0.006 0.002
Tributary C 375.0 6.2 1.6 0.053 0.040 0.013 0.014 0.010 0.004
JURISDICTION TOTALS: 1.467 0.080 1.387 0.205 0.022 0.183
SD-073004-BCAlJD
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The Need for Additional Biological or Jnrisdictional Investigations
Biological Investigations:
. No additional biological investigations are necessary if development occurs prior to July 23, 2005. None are
recommended. However, since the results of biological investigations are only valid for one year, follow-up
biological studies would be required if the property remains undeveloped on July 23, 2005.
Jurisdictional Investigations:
. US Army Corps of Engineers non-notifying Nation Wide Permit # 39 (NWP-39) can be used to authorize
impacts to 0.022:1: acres of non-wetland ephemeral waters of the US and associated upland (non-wetland)
habitat of Tributaries A, B and C. However, use of NWP-39 requires procurement of a California Department
of Fish and Game .1602 Streambed Alteration Agreement and a Water Quality Control Board 401 permit prior
to initiation of grading activities.
. The results of jurisdictional delineation are valid for one year.
Please call if you have any questions regarding this report.
Respectfully Submitted,
~~ZQ~~RATION
Thomas A. ~lie
President/B.S:-M.S. Biology
TAUnvl
SD-073004-BCAlJD
14
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REFERENCES CITED AND NOT CITED BUT RELEVANT
California Department of Fish and Game (CDFG), April 29, 2004a, Natural Diversity Data Base
(CNDDB) Rare Find Record Search Results for the 1953 (Photorevised 1979) Murrieta, Calif.,
USGS 7.5 Minute Topographic Quadrangle.
California Department of Fish and Game (CDFG), April 29, 2004b, Natural Diversity Data Base
(CNDDB) Quadrangle Velum Overlay No. 33117E2 for the 1953 (Photorevised 1979) Murrieta,
Calif. USGS 7.5 Minute Topographic Quadrangle.
California Native Plant Society (CNPS), August 2001, Inventory of Rare and Endangered Plants of
California, 61h edition.
City of Temecula, Undated (2004?), Notice to Abate - Parcel Number 921300013.
City of Temecula Geographical Information System (T -GIS), May 12, 1<<;199, Map: Potential
Environmentally Sensitive Habitat Area, City ofTemecula, California.
County of Riverside, Transportation and Land Management Agency, June 17, 2003, Final Multiple
Species Habitat Conservation Plan (MSHCP).
County of Riverside, 2003, ,ordinance No. 810.2, An Ordinance of the County of Riverside Amending
Ordinance No. 810 to Establish the Western Riverside County Multiple Species Habitat
Conservation Plan Mitigation Fee (http://www.tlma.co.riverside.ca.us/ordinances/ord810.2.html).
Garrett, K. and J. Dunn, 1981, Birds of Southern California: Status and Distribution, Los Angeles
Audubon Society. 407 pp.
Hickman, lC. Ed, 1996; The Jepson Manual: Higher Plants of California, University of California Press,
Ltd., Berkeley and Los Angeles, California.
Holland, R.F., 1986, Preliminary Descriptions of the Terrestrial Natural Communities of California, State
of California the Resources Agency Department of Fish and Game.
'\
Knecht, A., 1971, Soil Surveys of Western Riverside Area, California.
RBF Consulting, 2004, 1 Inch = 50 Feet Scitle Map of APN 921-300-013 (grading plan and topographic
contours map).
Riverside County Geographic Information System (GIS), July 20, 2004a; Full Report Format Print Out
For APN 921-300-01;.
Riverside County Geographical Information System (GIS), July 20, 2004b, Gnatcatcher Habitat map For
APN 921-300-013.
Riverside County Geographic Information System (GIS), July 20, 2004c, Q. C. Butterfly Habitat map For
APN 921-300-013.
Riverside County Geographic Information System (GIS), July 20, 2004<1, Vegetation Map For APN 921-
300-013.
SD-073004-BCAlJD
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Riverside County Habitat Conservation Agency (RCHCA), March 23, 2000, Map: Plan Areas - Core
Reserves (Identifies Plan Area/Free Area Boundary Per Ordinance No. 663.10 for the Stephens'
Kangaroo Rat).
Sawyer, 1., And T. Keeler-Wolf, 1995, A Manual of California Vegetation, California Native Plant
Society.
Stebbins, R., 1985, A Field Guide to Western Reptiles and Amphibians, Houghton Mifflin Company.
Thomas Guide 2004 San Bernardino and Riverside Counties Street Guide and Directory, Detail Map
Page 958, Map Coordinates H-5, J-5, H-6 and J-6.
Thomas Leslie Corporation (TLC), July 17, 2001, Results of A Biological Constraints Analysis of Lot 12
of Tract No. 3334 (APN 921-300-013).
United States Department of the Interior Fish and Wildlife Service, Carlsbad, California, May 1, 2003,
Coastal California Gnatcatcher Proposed Critical Habitat.
United States Department of the Interior Fish and Wildlife Service, Carlsbad, California, October 18,
2000, Coastal California Gnatcatcher(designated) Critical Habitat.
United States Department of the Interior Fish and Wildlife Service, April 15, 2002, Quino Checkerspot
Butterfly Critical Habitat Map.
United States Department of the Interior Geological Surveys, 1953 (Photorevised 1979), State of
California Department of Water Resources, Murrieta, Calif., 7.5 Minute Series (Quadrangle
topographic), Scale 1:24,000.
Zeiner, D. c., W., F. Laudenslayer, Jr., K. E. Mayer, M. White, Editors, 1990, California's Wildlife.
SD-073004-BCAlJD
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APPENDIX A
c
. .. Summary Parcel Number Report
l~
FOR
ASSESSOR'S PARCEL NO.
921-300-013
TEMECULA, CALIFORNIA
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Summary Parcel Number: 921300013
Riverside County Integrated Project (RCIP)
Proposed Multiple Species Habitat Conservation Plan (MSHCP)
Online Custom Reporting
The selected Parcells not located within a proposed criteria area.
Habitat Assessments
Habitat Assessment shall be required and should address at a minimum potential habitat for the following
species:
Burrowing Owl
Burrowing owl
If potential habitat for these species is determined to be located on the property focused surveys may be required
during the appropriate season.
Project Status
Riverside County is nearing the end of a comprehensive planning effort called the Riverside County Integrated
Project (RCIP). RCIP integrates three regional planning efforts; a County General Plan, a Community and
Environmental Transportation Acceptability Process to detennine present and future road-way infrastructure; and
a Multiple Species Habitat Conservation Plan (MSHCP) to conserve listed !!nd sensitive species and their
habitats. The final MSHCP was approved by the County Board of Supervisors on June 17, 2003.
The MSHCP is a comprehensive, multi-jurisdictional effort that includes portions of Western Riverside County
and fourteen cities. Rather than deal With endangered species on a one-by-one basis, this Plan focuses on the
conservation of 146 species. The MSHCP proposes a reserve system of approximately 500,000 acres of which
approximately 347,000 acres is currently within public ownership and 153,000 acres are currently in private
ownership. An approved MSHCP will contribute to the economic viability of the region by providing landowners,
developers, and those who build public infrastructure with certainty, a streamlined regulatory process, and
identified project mitigation.
Although the MSHCP has been adopted by the County, federal and state permits have not yet been issued.
Once the pennits are granted, the MSHCP, will require no further surveys for 75% of ttle 146 species covered by
the MSHCP. Habitat assessments and/or surveys may be undertaken within suitable habitat areas in specific
More infonnation concerning RCIP, the MSHCP, and processing schedules may be obtained from www.rcip.org
or by contacting the following:
North County contact: Julie Greene, 909-955-4641
South County contact: Shelly Dayman, 909-600-6465
APPENDIX B
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PHOTO PLATE NOS. 1-8
FOR
ASSESSOR'S PARCEL NO.
921-300-013
TEMECULA, CALIFORNIA
PHOTO PLATE NO.1
la. As the Figure 3 Vegetation Map illustrates, three vegetation types occur on
APN 921-300-130. This northeasterly view of the parcel shows portions of
each of the three vegetational types:(I) Willow-Mulefat (WMF) riparian
habitat (this photograph shows the portion of WMF situated in. the
northeasterly parcel boundary), (2) highly disturbed disked and undisked
portions of the Residential/Urban/Exotic (RUE) Disturbed vegetational
associations and (3) disturbed patches of Buckwheat Scrub (BS) habitat
lb. This photograph shows the remainder of the Willow-Mulefat (WMF) habitat
situated in the northwestern corner of the parcel. .
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2a.
2b.
PHOTO PLATE NO.2
The tape measure visible in this photograph documents the conditions of
jurisdictional delineation measurement site M-l (see Figure 4). As illustrated on
Figure 4, delineation measurements were made at fifteen (15) sites: six sites along
the main drainage (M-l through M-6), and three each at tributaries A, B and C.
Wetland delineation Sample Test Plot # 1 (STP-l) was performed at the point visible
in this photograph. No soil test pit was excavated at STP-l because the dry light
sandy soils at this sample point lacked wetland hydrology and hydric soils. A copy of
the Routine Wetland Determination Data Form for STP-l, documenting the absence
of a wetland at STP-l, is provided in Appendix E.
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3a.
3b.
PHOTO PLATE NO.3
Jurisdictional measurement site M-2 (see Figure 4).
Jurisdictional.measurement site M-3 (see Figure 4).
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4a.
4b.
PHOTO PLATE NO.4
Close-up view of a representative portion. of the deeply incised intermittent "main
drainage" that passes across the northerly portion of APN 921-300-013. Running
water was observed at a number of places along the "main drainage". This drainage
is an unnamed tributary of Empire Creek. No flowing water was observed in
Tributaries A. B and C.
Jurisdictional delineation measurement point M-4 (see Figure 4). Wetland
delineation Sample Test Plot # 2 (STP-2) was performed at this point. No soil test pit
was excavated because standing water, evidencing the presence of wetland
hydrology, was present at STP-2 on May 28. 2004. A copy of the Routine Wetland
Determination Data Form for STP-2 is provided in Appendix E.
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PHOTO PLATE NO.5
Close-up view of a portion of the Willow-Mulefat Scrub habitat bordering the
"main" drainage (see Figure 4). An inactive raptor nest is visible in one of the onsite
Gooding's Black Willow (Sa/ix gooddingii) tree. Jurisdictional delineation
measurement site M-5 is located here (see Figure 4). Wetland delineation Sample
Test Plot # 3 (STP-3) was performed at this site. No soil test pit was excavated
because the presence of saturated soils identified the presence of hydric soils and a
wetland at STP-3 on May 28 and July 23, 2004.
, "
I ~ .' \~ ,rll. ;""#1,. .,)\..".......:~' 1 l,/!'-,1. ""I,".;.~,,',:i'~}"M.
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(~I) ~ ,,1 J. ~,,,,,. I,' '.. 'j" I ", ; ',., .'" '.. "'/f"" ..,.~.~ ~,~'. .:;
" ",'j /?\ ~t""'n~','" ~..~~':~ oj '~'~iA';'l.'~; ~l'I '.'~. 1};:~:::,'+/:.'.'!o,'f'J:~;'lf'''i"
," ~ \l, t '.. , \'''1;' "(;~l 'l,\.~.. .... ~r /. ~', .::~. ,4 .:'~ ... J'.".., l~!' .( ..'li,;','.,.,.''!,
""\" o~ ,.lJ .... .,,'. ,."l"t,.,.to '-'l","r" . .;'(.} .- .,ll .,"',l ".' I' '{,-,,:"''''.., .~ .jl'l 'I"'!'~""
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,,"I,', ;)" .,' . ,.,',EI. :,),,,,<r,.'dilf!', (""1" r",;; 'r~'~,.. /'. 'I_'tr.!.'~ ,~,' 'Ii,'g(';" ~!IIr':
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., r.lI' j" eo. .. , . '.pI . "~!,7. C" . 'J~"~ ~'" ~., i,,,,... \ ,. '~\"
,,~':'" "~},.4t."".\,:,,,:"..' ,.'..,\ .;... '!"'~.,,'" '_' '.\i ."h':'\" ;t.~~..~'; ~'4'" :~,... ;!(,'_".,' ,.~""i'r.;,f
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. ';"':'.;~:' .' "'~:~-":' .; " :,\, .:i< '~'~,'~~~:-,:-~!~;!JI, . .' ,!.- ,i,' ~,;:.<\~>'~'~: ;~~'.,,?~:.~ \
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., . I' ; ;. i'l ..~jj,\. ".; -' '\ "', ., '" .~:r~.J:~itI '
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." ,~, .' " "" '. (!,'<',"".;' .'\::' ,~:;~(\!,,' ", : ,;"",.".' ,',' 'to
, ". '" . :.. ~" :~:>:;:,r:' ,:'::: \!';.~ ;/:I~,,,( .:'<;': ;?t)~;~.~:;:,
~'\":_~"I>): ~....~.t,\.:,...."" ',', "'" '-.;"
.."";" . -Ill" " '.'!,'(:'~'",_',""',':,.,,., ,".'If
,'i,.., :"-" h,., I -', ",. .' . '. _ ~
:'" ' ~*," \ ,:~"', ~1~.', .'".'~:', :~:r~-,;;-', ".
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Close-up view of a raptor nest observed on APN 921-300-013 at jurisdictional
delineation measurement site M-5 (see Figure 4). No activity was observed at, or
around, the apparently inactive nest.
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PHOTO PLATE NO.6
Jurisdictional delineation measurement site M-6 (dotted line). The Willow-
Mulefat (WMF) habitat visible in this photograph grows along the "main"
drainage illustrated on Figure 4.
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. 7a.
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PHOTO PLATE NO. 7-1
Westerly view of the 160:1: foot long Tributary A (f -A). Upland plant species,
lacking wetland indicator status grow within and along the entire tributary. Three
delineation measurements, A-I, A-2 and A-3, were made along this tributary.
Implementation of the project proposed for APN 921-300-013 would result in the
filling of most of the southeastern end of T -A (see Table 2).
Westerly view of the 266:1: foot long Tributary B (T -B). Upland plant species, lacking
wetland indicator status grow within and along the entire tributary. Three delineation
measurements, B-1, B-2 and B-3, were made along this tributary. Implementation of
the project proposed forAPN 921-300-013 would result in the filling of most of the
southeastern end of T -B (see Table 2).
PHOTO PLATE NO. 7-2
7c. Westerly view of the 375:1: foot long Tributary C (T -C). Upland plant species,
lacking wetland indicator status grow within and along the entire tributary.
Three delineation measurements, C-l, C-2 and C-3, were made along this
tributary. Implementation of the project proposed for APN 921-300-013
would result in the filling !Jf most of the southeastern end of T -C (see Table
2).
PHOTO PLATE NO.8
8a. Easterly view, of the disturbed Buckwheat Scrub (BS) habitat covered south facing
slopes of APN 921-300-013 situated along the southern parcel boundary.
ResidentiallUrbanJExotic (RUE) non-habitat non-native landscaping plants grow
along the southerly facing "toe" of the BS covered slopes. The landscape trees visible
on this photograph are Sweet Gum (Liquidambar styraciflua).
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8b. Easterly view of highly disturbed RUE portion of parcel. The trees in the background
are eucalyptus (Eucs). The dark brown plants at the sides of this picture are
California Buckwheat (Eriogonum fasciculatum;Ef), the plant dominant of BS
habitat. The yellow flowered weeds in the central of the photograph are the non-
native Short-pod Mustard (Hirschfeldia incana).
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I APPENDIX C
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2004
FLORAL COMPENDIUM
,
FOR
ASSESSOR'S PARCEL NO.
921-300-013
TEMECULA, CALIFORNIA
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~... Occurrence
~.n Flowering By Onsite
Ol~
Z II SOENTlFIC NAMES COMMON NAMES (90) in May IInd
. Vegetation
== July 2004
~~ Area
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DIVISION ANTHOPHYTA FLOWERING PLANTS
FAMILY ANACARDIACEAE SUMAC FAMILY
X Schinus terebinthifolius. Brazilian Pepper Tree -- - RUE
.
FAMILY APIACEAE CARROT FAMILY
Daucus pus ilium Rattlesnake Weed -- - RUE
FAMILY APOCYNACEAE DOGBANE FAMILY
X Vinca major Greater Periwinkle --- RUE
FAMILY ASTERACEAE SUNFLOWER FAMILY
Ambrosia acanthicarpa Annual Bur-Sage -- - WMFjRUE
Ambrosia psilostachya Western Ragweed -- - WMFjRUE
Artemisia dracunculus Tarragon --- WMF
Baecharis salicifolia Mulefat --- WMFjRUE
X . Centaurea melitensis Tocalote F WMFjRUE
Conyza canadensis Horseweed -- - WMF
Encl!lia farinosa Brittlebush - -- RUE
Ericameria sp. Goldenbush - -- BS
Filago californica California Filago -- - WMFjRUE
.. Gnaphalium californicum California Everlasting - -- WMFjRUE
X Gnaphalium luteo-album Cudweed -- . WMFjRUE
Helianthus annuus Common Sunflower - -- WMF
Hemizonia paniculata San Diego Tarplant - -- WMFjRUE
Heterotheca graildiflora Telegraph Weed F WMFjRUE
X . Sonchus oleraceus Common Sow Thistle F WMFjRUE
Stephanomeria virgata Wand Chicory - -- RUE
Uropappus lindleyi Silver Puffs - -- RUE
Xanthium strumarium Cocklebur - -- WMF
FAMILY BORAGINACEAE BORAGE FAMILY
. Amsinckia eastwoodiae Common Fiddleneck RUE
- ..
Heliotropium curassavicum Wild Heliotrope F RUEjWMF
Plagiobothrys nothofulvus Rusty Popcorn Aower -- - RUE
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~\O Flowering
~..n By Onsite
....... SCIENTIFIC NAMES COMMON NAMES (90) in May and
~ II Vegetation
== July 200~
0,", Area
z;:;
....
FAMILY BRASSICACEAE MUSTARD FAMILY
X Hirschfeldia incana Short-pod Mustard F WMFjRUE
X Lobularia maritima Sweet Alyssum . -- RUE
FAMILY CAPRIFOLlACEAE HONEYSUCKLE FAMILY
X Lonicera japonica . Japanese Honeysuckle F WMF
Sambucus mexicana Blue Elderberry -- - RUE
FAMILYCARYOPHYLLACEAE PINK FAMILY
X Silene gallica Windmill Pink -- - RUE
-'-
FAMILY CHENOPODlACEAE GOOSEFOOT FAMILY .
X Chenopodium album Pigweed - -- RUE
X Salsola tragus Russian Thistle -- - RUE -'-
FAMILY CUCURBITACEAE GOURD F AMIL Y
. Cucurbita foetidissima CaIabazilla - -- RUE
Cucurbita palmata Coyote Melon - -- RUE
,
FAMILY EUPHORBIACEAE SPURGE FAMILY
Chamaesyce albomarginata Rattlesnake Weed -- . WMFjRUE
EremocarpUs setigerus Dove Weed -. - RUE
Euphorbia sp. Spurge . -. RUE
FAMILY FABACEAE LEGUME FAMILY
Lotus purshianus Spanish Clover F RUE
. Lotus scoparius California Broom - -- RUE
Lotus strigosus Strigose Lotus - -- RUE
, Lupinus bieolor Miniature Lupine RUE
- --
X Medicago polymorpha California Burclover -- . WMF
X Melilotus indica Sweetclover --- RUE
FAMILY FLACOURTIACEAE FLACOURTIA FAMILY
X Xylosma congestum Compact Xylosma -- - RUE
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~ \C Occurrence
" ~ Flowering By Onslte
Z II SCIENTIFIC NAMES COMMON NAMES (90) In May and Vegetation
= = July 2004
~ ~ Area
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FAMILY GERANIACEAE GERANIUM FAMILY
X Erodium botrys Long-beak Filaree F RUE
X Erodium cicutarium Red-stemmed Filaree F WMF;RUE;B
S
FAMILY HAMAMELIDACEAE WITCH.HAZEL FAMILY
X Liquidambar styraciflua Uquidambar .. . RUE
FAMILY LAMIACEAE MINT FAMILY
X Marrubium vulgare Horehound F RUE
Trichostema lanceolatum Vinegar Weed ..". .. RUE
FAMILY MYRTACEAE MYRTLE FAMILY
X Eucalyptus amydalina Peppermint Gum - .. RUE
X Eucalyptus polyanthemos Silver Dollar Gum . -- RUE
FAMILY ONAGRACEAE EVENING PRIMROSE FAMILY
Clarkia purpurea Purple Clarida . .. WMF;RUE
Epilobuim ciliatum Willow Herb - .. WMF;RUE
FAMILYPAPAVERACEAE POPPY FAMILY
Eschscholzia cali/ornica California Poppy F RUE
FAMILYPLANTAGINACEAE PLANTAIN FAMILY
Plantago erecta Dwarf Plantain . -- BS
X Plantago major Common Plantain .. . WMF
FAMILYPOLYGONACEAE BUCKWHEAT FAMILY
Eriogonum fasciculatum California Buckwheat F RUE;BS
Eriogonum gracile Slender Buckwheat .. . RUE
Eriogonum sp. Buckwheat -- - RUE
X Polygonum arenastrum Common Knotweed - -- WMF
X Rumex crispus Curly Dock F WMF
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;:! ~ F10weriug By Onsite
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~ II SCIENTlFlC NAMES COMMON NAMES (90) in May and Vegetation
= e July 2004
~ ~ Area
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FAMULYPORTULACACEAE PURSLANE FAMUL Y -
X Portulaca oleracea Common Pnrslane --- WMF
FAMILY PRIMULACEAE PRIMROSEFAMULY
X Anagallis arvensis Scarlet Pimpernel F WMF
FAMILY ROSACEAE ROSE FAMILY
X Rhaphilolepis indica India Hawthorn -- - RUE
FAMILY SALICACEAE WILLOW FAMUL Y
Populus /remontii Freemont Cottonwood .. - WMF;RUE
Salix gooddingii Gooding's Black Willow - .. WMF
Salix laevigata Red Willow .. - WMF;RUE
FANuLYSAXIFRAGACEAE SAXIFRAGE F AMUL Y
X Escallonia sp_ &callonia --- RUE
FAMILY SOLANACEAE NIGHTSHADE FAMILY
Datura wrightii Jimson Weed -- - WMF
Solanum douglasii White Nightshade -- - WMF
FAMILYTAMUUUCACEAE TAMARISK FAMILY
X Tamarix ramosissima Tamarisk F WMF;RUE
Class Monocotyledones Monocots
FAMILY ARECEAE PALM FAMILY
Washingtonia filifera California Fan Palm .. - WMF
FAMULYCYPERACEAE SEDGE FAMILY
Cyperus eragrostis Tall Aatsedge - .. RUE;WMF
FAMUL Y IRIDACEAE IRIS FAMILY
X Dietes sp. Mrican Iris - .. RUE
Sisyrinchium bellum Blue-eyed grass -- - WMF;RUE
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~ 'Cl Occurrence
'Ol ~ Flowering By Onsite
~ II SCIENTIFIC NAMES COMMON NAMES (90) in May and
. Vegetation
= ~ July 2004
= ~ Area
Z
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FAMILYPOACEAE GRASS FAMILY
X Avenafatua Wild Oat . -- RUEiBS
X Avena barbata Slender Wild Oat. - .. RUE
X Bromus diandrus Ripgut Grass IWMF'RUE'B
- .. " ,
S
X Bromus hordeaceus Soft Chess - -- RUEiBS
X Bromus madritensis ssp. rubens Foxtail Chess - .. RUEiBS
X Cynodon dactylon Bennuda Grass .. - RUE
Distichlis spicata Saltgrass . -- RUE ,
X Hordeum murinum ssp. leporinum Hare Barley .. . RUE
X Latium multiflorum Italian Ryegrass - .. WMF
Mellea imperfecta Coast Range Melic - .. RUE
Nassella pulchra Purple Needlegrass - .. RUE
X Paspalum dilatatum Dallas Grass - .. WMF
X Polypogon monspeliensis Annual Beard Grass . -- WMF
X Schismus barbatus Mediterranean Schismus - .. RUE
X Vulpia myuros Vulpia - .. WMFjRUE
FAMILY TYPHACEAE CAITAIL FAMILY
Typha sp. Cattail . -- WMF
Symbols! A~breviations:
x =
sp. =
=
WMF =
BS =
RUE =
In Column I indicates non-native species.
Plant identified to genus only.
Indicates cell was intentionally left blank.
Willow-Mulefat Riparian Habitat
Buckwheat Scrub Habitat
Residential/Urban/Exotic Non-habitat Vegetational Association
APPENDIX D
2004
WILDLIFE COMPENDIUM
FOR
ASSESSOR'S PARCEL NO.
921-300-013
TEMECULA, CALIFORNIA
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SCIENTIFIC NAMES COMMON NAMES (14)
VERTEBRATES
CLASS AVES BIRDS (5)
FAMILY ACCIPITRIDAE BUTEOS, KlTES, HARRIERS
Buteo jamaicensis Red-tailed Hawk
FAMILY COLUMBIDAE PIGEON AND DOVES
Zenaida macroura Mourning Dove
FAMILY CAPRIMULGIDAE GOATSUCKERS
Chordeiles acutupennis Lesser Nighthawk
.
FAMILY CORVIDAE JAYS, MAGPIES, AND CROWS
Corvus brachyrhynchos American Crow
FAMILY ICTERIDAE BLACKBIRDS AND ORIOLES
Agelaius phoeniceus Red-winged Blackbird
CLASS MAMMALIA MAMMALS (4)
FAMILY CANIDAE DOGS, FOXES AND ALLIES
Canis latrans Coyote
FAMILY SCIURlDAE SQUIRRELS
Spermophilus beecheyi California Ground Squirrel
FAMILYGEOMYIDAE POCKET GOPHERS
Tlwmomys bottae . Southern Pocket Gopher
FAMILY LEPORIDAE RABBITS AND HARES
Sylvilagus audubonii I Audubon'S Cottontail
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INVERTEBRATES .
CLASS INSECTA INSECTS (4)
lcaricia acmon Acmon Blue Butterfly
Junonia coenia Buckeye Butterfly
Polites sabuleti Sandhill Skipper
Trimerotropis pallidipennis . Pallid Band~wing
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CLASS GASTROPODA SNAILS AND SLUGS (1) .
Helix aspersa Brown Garden Snail
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APPENDIX E
DELINEATION DATA SHEETS AND
ROUTINE WETLAND DETERMINATION
. DATA FORMS FOR THREE SAMPLE
PLOTS
FOR
ASSESSOR'S PARCEL NO.
921-300-013
TEMECULA, CALIFORNIA
DELINEATION DATA SHEET
JOB NAME: APN 921-300-013 2nd OBSERVER: Nadva Leslie
OBSERVER: Tom Leslie 3rd OBSERVER:
DATE: OS/28/04 and 07/23/04
I LOCATION: Eastern side ofYnez Road. Citv of Temecnla
GENERAL HABITAT DESCRIPTION (include the names of three dominants): Willow-Mulefat Scrub (Salix laeviPGta.
S. t!ooddinuii. POlJu[us fremnntii. Baccharis salicifoli4)
Obs. Observation Drainage Drainage
No. Point Width Designation: Main Drainaee and three Tributaries (T-A. T-B & T-C)
NOTES
DFG COE
1 MAIN DRAINAGE - Intermittent waters, wetland and riparian habitat
2 M-I 60.0 3.4
3 M-2 28.0 4.3
4 M-3 40.0 3.8
5 M-4 71.0 9.0
6 M-5 86.8 20.6
7 M-6 83.0 6.2
8 A vrg. width 61.5 7.9
!I TRIBUTARY A - Non-wetland ephemeral waters and associated upland habitat
10 A-I 5.8 2.8
11 A-2 7.8 2.7
12 . . A-3 5.5 1.3
13 A vrg. width 6.4 2.3 .
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14 TRIBUTARY B - Non-wetland ephemeral waters and associated upland habitat
15 B-1 6.5 1.5
16 B-2 3.9 0.8 .
17 B-3 5.0 I.5
18 Avrg. widlh 5.1 l.3
19 TRIBUTARY C - Non-wetland epbemeral waters and associated uplaud habitat
20 C-l 5.6 . 0.5
21 C-2 6.6 1.5
22 C-3 6.3 2.9 . .
23 A vrg. width 6.2 1.6
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ANIMAL SPECIES OBSERVED: PLANT SPECIES OBSERVED:
1. See Appendix D 3. 1. See Appendix. C 3.
2. 4. . 2. 4.
Page 1 of 1
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Project/Site: APN 921-300-013 Date: July 23, 2004
Applicant/Owner: Selby Development County: Riverside
Investigator(s): Thomas A. Leslie. Nadya Leslie .state: California
Do Normal Circumstances exist on the site? ~ No Community ID: WMF
Are Atypical Methods warranted? (explain on reverse) Yes ~ Transect ID:
Is the area a Problem Area? (explain on reverse) Yes Plot ID: STP-l (67.8 ft N of concrete
headwall adjacent to Ynez Rd.)
DATA FORM 1
ROUTINE WETLAND DETERMINATION
(1987 COE Wetland Delineation Manual)
VEGETATION (Ranked in descending order of abundance)
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Populusfremontii T FACW 9.
2. Bromus diaruirus H - -- 10.
3. Heterotheca graruiiflora H - - - 11.
4. Eriogonumfasciculatum S - - - 12.
5.Polypogon monspeliensis H FACW* 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or
FAC (Excluding FAC-): less than 30%
Remarks:
Upland plant species, lacking wetland indicator status (Reed, 1988), predominate at this sample point.
HYDROLOGY
- Recorded Data (describe in Remarks) Wetland Hydrology Indicators:
_ Stream Lake or Tide Gage Primary Indicators:
_ Aerial PhotograPhs - Inundated
_ Other _ Saturated in Upper 12 Inches
_ Water Marks
..1L No Recorded Data Available - Drift Lines
_Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required):
Depth to Free Water in Pit: N/A (in.) _ Oxidized Root Channels in Upper 12 Inches
Depth to Saturated Soil: - Water-Stained Leaves
N/A (in.) _ Local Soil Survey Data
- FAC-Neutral Test
Other (explain in Remarks)
Remarks:
No wetland hydrology observed. ~
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SOILS
Map Unit Name Arlington & Greenfield fine sandy loams,
(Series and Phase): 15-35% slopes. severely eroded (AtF3)
Field Observations
Taxonom (Sub rou): Ha lie Durixeralfs & T ic Ha loxeralfs
Profile Description:
Depth Horizon
(inches)
Drainage Class: well-drained
Matrix Color Mottle Colors
(Munsell Moist) (Munsell Moist)
Mottle
(Abundance/Contrast)
Texture, Concretions,
Structure, etc.
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chrome
Colors
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
. Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Remarks:
No delineation soil test pit was excavated because (a) hydric vegetation does not predominate, (b) wetland
hydrology was not observed and (c) hydric soils are not mapped onsite. Therefore, the absence of wetland
hydric soils could be determined without excavation of a soil test pit
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yeiso Circle)
Wetland Hydrology Present? Yes 0
Hydric Soils Present? Ye 0
Remarks:
Is this Sampling Point Within a Wetland? Yes ~o)
(Circle) .
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DATA FORM 1
ROUTINE WETLAND DETERMINATION
(1987 COE Wetland Delineation Manual)
Project/Site: APN 921-300-013 Date: Ma 28,2004
Applicant/Owner: Selby Development Count : Riverside
Investigator(s): Thomas A. Leslie. Nadya Leslie State: California
Do Normal Circumstances exist on the site? es No Community ID: WMF
Are Atypical Methods warranted? (explain on reverse) Yes ~ Transect 10:
Is the area a Problem Area? (explain on reverse) Yes No Plot 10: STP-2 (at jurisdictional
measurement site M-4)
VEGETATION (Ranked in descending order of abundance)
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Salix laeviJ!ata T FACW 9.
2. Ambrosia acanthicarva H - - - 10.
3. Cyperus eragrostis H FACW 11.
4. Hirschfeldia incana H - - - 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or
FAc (Excludinl!; FAC-): more than 50%
Remarks:
Wetland plant species (Reed, 1988) predominate at this sample point.
HYDROLOGY
_ Recorded Data (describe in Remarks)
_ Stream Lake or Tide Gage
_ Aerial Photographs -
_ Other
..lL No Recorded Data Available
Field Observations:
Depth of Surface Water: 1-1.5
Depth to Free Water in Pit: N/A
Depth to Saturated Soil: N/A
(in.)
(in.)
(in.)
Wetland Hydrology Indicators:
Primary Indicators:
..lL Inundated
_ Saturated in Upper 12 Inches
Water Marks
..lLDrift Lines
..lLSedimert Deposits
..lL Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
_ Local Soil Survey Data
FAC-Neutral Test
_ Other (ex lain in Remarks)
Remarks:
Flowing water observed on May 28, 2004 at this point, documenting the presence of wetland hydrology.
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SOILS
Map Unit Name Arlington & Greenfield fine sandy loams,
(Series and Phase): 15-35% slopes. severely eroded (AtF3)
Field Observations
Taxonom (Sub on): Ha lic Durixeralfs & T ic Ha loxeralfs
Profile Description:
Depth Horizon
(inches)
Drainage Class: well-drained
Matrix Color Mottle Colors
(Munsell Moist) (Munsell Moist)
Mottle
(Abundance/Contrast)
Texture, Concretions,
Structure, etc.
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
G1eyed or Low-Chrome
Colors
Concretions
High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Remarks:
No delineation soil test pit was excavated because flowing water , documenting the presence of wetland
hydrology, was observed at this point on May 28, 2004.
WETLAND DETERMINATION
Hydrophytic Vegetation Presentit. No (Circle)
Wetland Hydrology Present? e No
Hydric Soils Present? Y No
Remarks:
Wetland present.
Is this Sampling Point Within a Wetland?~No
. '(err'c1e)
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DATA FORM 1
ROUTINE WETLAND DETERMINATION
(1987 COE Wetland Delineation Manual)
Project/Site: APN 921-300-013 Date: Jul 23,2004
Applicant/Owner: Selby Development County: Riverside
Investigator(s): Thomas A. Leslie. Nadya Leslie State: California
Do Normal Circumstances exist on the site? Community ID: WMF
Are Atypical Methods warranted? (explain on reverse) Transect ID:
Is the area a Problem Area? (explain on reverse) Plot ID: STP-3 (at jurisdictional
measurement site M-5)
VEGETATION (Ranked in descending order of abundance)
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Washinlltonia filifera S FACW 9.
2. Plantallo malor H FACW- 10.
3. Salix laevigata T FACW 11. ,
4. Salix gooddingii T OBL 12.
5.Epilobium ciliatum H FACW 13.
6.Rumex crispus H FACW- 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or
FAC (Excluding FAC-): 100%
Remarks:
Wetland plant species (Reed, 1988) predominate at this sample point.
HYDROLOGY
_ Recorded Data (describe in Remarks)
~ Stream Lake or Tide Gage
_ Aerial Photographs
Other
l No Recorded Data Available
Field Observations:
Depth of Surface Water: N/A (in.)
Depth to Free Water in Pit: N/A (in.)
Depth to Saturated Soil: at surface (in.)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
lSaturated in Upper 12 Inches .
l Water Marks
l Drift Lines
l Sediment Deposits
l Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
_ Local Soil Survey Data
FAC-Neutral Test
_ Other (ex lain in Remarks)
Remarks:.
Saturated soils, documenting the presence of wetland hydrology, were observed at this point.
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SOILS
Map Unit Name Arlington & Greenfield fine sandy loams,
(Series and Phase): 15-35% slopes. severely eroded (AtF3) Drainage Class: well-drained
Field Observations Confirm Mapped Type? Yesfrfu)
Taxonomy (Subgroup): Hanlic Durixeralfs & Tvnic Hanloxeralfs
Profile Description:
Depth Horizon Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Structure, etc.
.
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sarrdy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chrome Other (Explain in Remarks)
Colors
Remarks:
No delineation soil test pit was excavated because saturated soils and predominance of wetland indicator
plants (hydric vegetation) were observed at this point on May 28 and July 23,2004.
. WETLAND DETERMINATION
Hydrophyd, V,,,,""," _.~o (CiKI,)
Wetland Hydrology Present? No
Hydric Soils Present? Yes 0 .
Is this Sampling Point Within a Wetland?~No
'1e1r'c1e)
Remarks:
ATTACHMENT B
i
Preliminary Soillnvestigation/Liquefaction Study
Prepared by Leighton and Associates, December 17, 1985.
R:IE AIEA 121 Auto Mall GradinglCover Memo.v1.doc
22
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LEIGHTON and ASSOCIATES
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SOIL ENGINEERING
GEOLOGY
GEOPHYSICS
GROUND WATER
HAZARlOOUS WASTES
;,..;.
""",";"
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PRELIMINARY SOIL INVESTIGATION/lIQUEFACTION STUDY
lOT 12, TRACT 3334, YNEZ ROAD
'RANCHO CALIFORNIA, RIVERSIDE COUNTY
CALIFORNIA
Oecember 17, 1985
Project No. 6851889~Ol
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,StoneHOOd'~velopmerit COmpany
, ',', clo TO-MA&~En!l1neering""
41934 Ha'in, Street Q '."
Temecula,Calftbr,nia 92390
. Attention: Hr'. Tony Terich
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12es dllllUPA AVENuE. SuItE C, RIVERSIDE, CALiFORNIA 92504
IRVINE '. WESTLAKE/VF-NTURA . DIAMOND flAn/WAI.NUT . SAN AI"''nN^nn..........i....h~__.__
(714) 785-0156 . (~~13A567
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LEIGHTON
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and ASSqCIATES
INCORPORATED
SOIL ENGINEERING
GEOLOGY
GEOPHYSICS
HAZARDOUS WASTES
GROUND WATER
December 17, 1985
Project No. 6851889-01
TO:
Stonewood Development Company
c/o TO-HAC Engineering
41934 Main Street
Temecula, California 92390
Hr. Tony Terich
Preliminary Soil Investigation/Liquefaction Study, Lot 12, Tract 3334,
Ynez Road, Rancho California, Riverside County, California
ATTENTION:
SUBJECT:
Introduction
.",':,/..:
:~'::r~~~~J.
-'1
In. accordance with your authorization, we have perform~d a pr.el imjnary soil
investigation/liquefaction study on the subject parcel. The scope of work included
'1) review of available data pertaining to the site, 2) field mapping by'a staff
geologist, 3) exploration of the site by mean~ of three borings including logging of
the subsurface strata, 4) sampling of , the representative soils, 5) laboratory testing
of the soil samples, 6) evaluation of the liquefaction potential, and 7) preparation
of this report presenting our findings, conclusions and reconmendations.
Our, field data is presented in the form of a geotechnical map on a ,copy of the 50-
scale rough grading plan prepared by TO-MAC Engineering of Temecula, California.
Accompanying Haps and Appendices
'.
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Index Hap - Page 2
Geotechnical Map (50-Scale) - In Pocket
,Appendix' A -Geotechnical Boring Logs
,Appendix B - Laboratory Test Results
Appendix C - General Earthwork and Grading
: Appendix D - References
.,.,;'
Specifications
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4~~h~~
7265 JURUPA AVENUE, SUITE C, RIVERSloa CALIFORNIA 92504
(714)7
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IRVINE
.. :';^N UF:RNAROINO/RIVERSIOE
. SAN DIEGO
. WESTLJ\KE/VENTl.rn"
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INOEX MAP
OF
LOT 12, TRACT 3334
RANCHO CALIFORNIA, RIVERSIDE COUNTY, CALFIORNIA
, '
BASE MAP: U.S.G.S. Murrieta 7i' California Special Studies Zone Quadrangle 1980
" - 2 -
nim.,~,:..
W~~{.:.
LEIGHTON and ASSOCiATES':'.
INCORPORATED'
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6851889-01
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1.0 SUMMARY OF SITE CONDITIDNS AND PROPOSED DEVELOPMENT
,
1.0 Site.Conditions
The subject site is situated in western Temecula Valley fronting Ynez :Road to
the west 1700+ feet north of Rancho California Road, Rancho California,
Riverside County-: California. The property is bordered to the west byYnez
Road, with the north, east and south being open vacant land in natural
condition.
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".2 Proposed Development
We understand that the site will be utilized for construction of small
commerc ia 1 structures with assoc iated 1 andscap ing, driveways and park tng areas.
Gradirig as indicated on the rough grading plan [see Geotechnical Map - In
.Pocket) is expected to generate 219,085 c~bic yards of cut and placement of
. 172,522 cubjc yards of fill with' the excess to be hauled offsite. Cuts as deep
as 34+ feet and fill son the order of 21+ feet are proposed . All cut and fi 11
slopes are indicated to be at a gradient-of 2:1 (horizontal:vertical).
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2,0 SUMMARY OF GEOTECHNICAL ENGINEERING CONDITIONS
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Subsurface Findings
Three exploratory borings were drilled on December 6, 1985 utilizing aCHE 55
flight auger drill rig equipped with eight-inch diameter hollow stem augers.
These excavation revealed the site to be uniformly underlain by bedrock of the
Pauba formation. Locally the Pauba formation is comprised of interbedded
sandstone, siltstone and claystone (see Geotechnical Boring Logs in Appendix A
for detailed description).
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These depos its are generally, lent icu1ar and. are gently dipping towar\l the ,nprth
6 to 10 degrees. Along the northern property boundary a thin mantle of re~ent
alluvium (less than 24 inches thick) composed of sand and silty sand is ,present,
within the small drainage channel incised into the bedrock.
Ground Water
Ground water was encountered within Boring B-3 at a depth of 31+ feet'be10w the
ground surface. This corresponds to an elevation of 1021+ feet which generally
coincides with our recent field work to the south. Locally the ground water
table appears to be at an elevation of 1016 to 1021 feet.
Liquefaction
Liquefaction is the loss of strength of cohesionless soils when .the porewater
pressure induced in the soil becomes equal to the confining pressure. The
.estimation of liquefaction potential in general consists of estimating
earthquake induced stresses and dynamic soil ~roperties. .
The current cddes arid standards neither specify a procedure for evaluation of
liquefaction nor do they include design provisions for mitigating measures. The
primary factor influencing.1iquefaction potential include ground water, soil
type, relative density (Od) of the sandy soils,. which is related to SPT blows,
confining pressure, and intensity and duration of ground shaking. Liquefaction
potential is greatest in saturated, loose, poorly graded fine sands with a mean.
(050) grain size in the range of 0.1 to 0.2mm.
A revie~1 of the logs of the bo,'ings d,'illed indlcale the site to be underlain by
bedrock of the Pauba formation, with the exception of the 24+ inches. of alluvium
in the north as identified on our Gcotechn~cal Map, In pock~r. '..
Due to the absence of loose sandy soils the depl~ of ground water (31+ feet) and
the presence of bedrock, the potential for liquefaction appears to be-nil. .
Faulting
As indicated on the Index Map, page 2, the western portion of the site is
included or within theboundries of the Ca1 ifornia Special Study Zone for fault
hazard.
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Previous geologic investigation have been performed by others along the
California Special Study Zone within the Rancho California area (County of
Riverside' Geologic Report 190, 190-S and 199).
An investigation of the faulting of the site is not within the scope of this
report.
With regards to seismic potential there are several faults within the Southern
California region that could affect the site in terms of ground shaking. Of
these the most prominent faults with regards to the site are as follows:
Fault
-
Distance
Maximum Probable Earthquake Magnitude
Wildomar
San Jacinto
San Andreas
Newport Inglewood
2.5 Seismicity
When analyzing seismicity, several factors are involved that contribute to .the
ground shaking potential of a specific site. Of these the major factors are 1)
postulated ~aximum earthquake magnitude, 2) distance of fault and, 3) underlying
earth material.' Based on these criteria the Wildomar fault would become the
design faul't when analyzing the seismicity Of this site.
220+ feet southwest
24+-miles northeast
34+ miles northeast
47; miles west
6.0
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6.5
With a maximum probable earthquake of 6.0H and a di~tance of 220+ feet from the
fault a maximum ground acceleration of 0.57g with less than 18 seconds of ground
shaking is indicated.
For design purposes, 65 percent of the maximum value is normally used, or 0.37g
for the subject site.
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3.0 CONCLUSIONS AND RECOMMENDATIONS
3.1 'Conclusions
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o Based on our investigation, overexcavation and recompaction of
surface topsoils to provide adequate support for fills and
structures should be anticipated.
o Utilizing grading equipment in good working condition, the earth materials
encountered at the s~te may be excavated without unusual difficulty. '
o Liquefaction potential of the site is nil due to the bedrock and deep ground
water conditions." ,
3~2 Recommendations
3.2.1 Grading
The grading area should be stripped of significant vegetation. Some
vegetation ~ould be mixed with soils and dispersed in the proposed
compacted fills, primarily in landscape areas. This should be based on
inspections durjng grading.
All grading should be performed in accordance with our General Earthwork
and Grading Specificat ions (Appendix C), except as modified in the text
of this report. Building areas developed in cut/fill transition'should
require special consideration, as shown on Page C-v of Appendix C.
Removals of topsoil prior to ,placing the fills and/or for structural
sup~ort are expecte4 to be minimal and generally not exceeding 24
inches. Locally, some areas may require somewhat deeper removals.
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3.2.2 Compacted Fills
Onsite soils are suitable for use in compacted.fills. All fills should
be placed in 6- to 8-inch 1 ifts. and compacted to at least 90 percent
relative compaction. This is relative to the maximum dry 'density as
determined by the ASTH Test Method Da557-78. In our opinion, the use of
heavy rubber-tire equipment should provide the best results.
3.2.3 Shrinkage Factor
Based on test results, excavation of the topsoil should result ioa
shrinkage of approximately 15 percent. This is based on anaverage-92
percent relative compaction. An increase in relative compaction
obtained would correspondingly increase this shrinkage factor.
Furthermore, a subsidence of 0.20 feet should be considered during site
preparation. A somewhat lower shrinkage'factor of 8 to 10 percent may ,
be utilized for the Pauba formation.
The above values are exclusive of any losses due to
removal of any subsurface obstructions.'
site stripping' and
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3.2.4
3.2.5
3.2.6
3.2.7
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Foundation Design
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After site preparation as recommended, the use of shallow 'continuous'
andlor isolated footings is feasible. All exterior footings should
extend at least 18 inches below the lowest adjacent firm grade. All
interior footings should extend at least 12 inches below the bottom of
the slab. All footings should measure a minimum of 12 inches in width.
A bearing value of 2000 psf may be used for support of foundations.
Continuous footings should be reinforced with at least one No.5 bar at
the top and one at the bottom or equivalent.
Slabs should be minimum 4 inches thick and reinforced with 6x6-10/10 WWF
properly placed in the center of the slab. Presoaking of slabs subgrade
is not anticipated unless expansive soils are imported for the proposed
fills. The slabs should be provided with 6-mi1 Visqueen properly
protected with sand for moisture barrier.
Where slabs will support special loads, the structural design should
consider those conditions.
.'
Lateral Design/Retaining Walls
The passive earth pressures to be mobilized tor the resistance of
lateral' forces may be determined by using pressures equivalent to the
pressures exerted by a liquid weighing 300 psf. ~aximum passive
pressures should not exceed 3000 pst. The recommended bearing value may
be increased by one-third for wind and seismic loads. Lateral restraint
at footing elevations may also be obtained as a function of the dead
load, and a coefficient of friction of 0.4 between concrete and soil may
be used in design.
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Walls retaining free draining, level earth may be designed using active
pressures equivalent to that exerted by a fluid weighing 35 psf plus any
surcharge.
Sign pylons can be designed uti.1izing a lateral bearing value of 150
pounds per square foot per foot of depth. For isolated poles or signs
(which are not adversely affected by liZ-inch motion at the ground
surface due to short term loads) this value may be increased to 300
pounds per square foot per USC recommendations. .
Cut and Fill Slopes
Cut and fill. slopes should be graded at inclinations not steeper than 2
horizontal to 1 vertical.
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Surface drainage should be directed away from the foundations and slopes
toward. the streets or approved dr.ainage devices.. Ponding(or sheet flow
over the slope faces) should not be permitted.
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3.2.9
3.2.10
Structural Pavement Sections
Structural pavement sections for parking and drivewa~s should be based
on the results of R-value tests subsequent to completion of grading.
For planning purposes pavement sections consisting of 3- and 4-inch
asphalt concrete over 4-and 6-inchaggregate base are recommended for
parking and driveway areas respectively.
The uppermost one-foot of subgrade and Class ,II aggregate base should be
compacted to at lest 95 percent of the maximum dry density as determined
in accordance with ASTM Test Method 01557-78.
Asphalt concrete and aggregate base course materials should conform to
Type 8 Asphalt Concrete and Class II Aggregate Base per Sections 39 and
26, ~espectively, of the .Standard Specifications. of the State of
California, Department of Transportation.
Trench Backfills
Backfills of all utility trenches should be compacted to at least 90
~ercent relative compaction. Onsite soils can be used as trench
backfills. The higher sand equivalent soils (indicating SE of 30 or
better) may be compacted by flooding or jetting with some mechanical
effort if necessary.
Inspections and Testing
Leighton and Associates, Inc. should further observe and test the site
at the following stages of construction:
o "Ourfng site preparat'ion including stripping topsoil removals and
recompaction.
o When any compacted fills are placed, including backfills of utility
trench excavations and prior to construction of pavement, etc. over
backfills. '
o Prior to placement of slabs where expansive soil exists.
o Cut slopes and major utility trench excavations should be inspected
by our geologist.
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A final report of compaction control should be relijuired subsequent to', '>}'.,,,
completion of rough grading. The report should include a summary of "
grading performed and results and locations of field density tests
performed during placement of the proposed fills on the site.
Respectfully submitted,
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Donn Schwartzkopf
Staff Geologist
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S. A. Siddiqui RCE 19915
Principal Geotechnical Engineer
(6) Addressee
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Drill Hole No. B-1
Drive Weight 140 1 bs.
1110:1:' Ref. or Datum Grading Pla'n
liDate 12-6-85
, . Project To-Mac - Tract 3334,
amri11 ing co." United
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Job No. 6851889-01
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GEOTECHNICAL DE~CRIPTION
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Sampled 8y
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SILTY SAND: Dark brown, damp, fine7medium':',
grained, moderately cohesive, micaceous';", f
trace of clay ,
INTERBEDOED SANDSTONE, SILTSTONE AND CLAY-
STONE: Sandstone varies from clean to a
silty sandstone, medium brown-gray,brown-
orange brown, slightly damp, non~slightly' ,
cohesive, micaceous, occasional gravelly
lenses encountered, very dense
Siltstone varies with occasional layers
'of sandy siltstone, gray-medium brown-
gray-brown-orange brown, trace of clay,'
fine grained, moderately cohesive, mica-, ':
ceous, slightly damp ""'70:;1
Claystone - gray; slightly silty with 1
trace of fine sand, moderately damp,
cohesive, micaceous
dense
. ,
. :
",
....,.-!...,-
"
,
,.....'
":}':,.; i
','.,{~\fii
@ 18' very hard drilling
dense
-.;-.
..,.:....,.;.:
'. . ."~
',-.~' :':'" i
medium dense
" '
. ..... !.', ..'
.. ,.,' ."
. .,'
.... ~':
.~;~~.:;..
I GlUTECIiIUCAL IlURING
Date ,12-6-B5 Drill Hole No. B-1
I Project To-Mac - Tract 3334
Drilling Co. United
llole Diameter 8" Drive Weight
1i1evatll,nToP of Hole 1l10:t'
III ,0 ~
.- :z: ~,
... III
.~ '+- cu C
s- o .- \0 cu
.r:cu .., 0- III 0
..,.., CUIll cuE ~s.. '+-
s.... O-CU .0 ... OCU >>u
"':E: >>1- :,.n .- C- s..o-
w l- I- CD 0
I
.' ,:C: ....
".. :......QI
f~
o
t
I ~ c
, I.::
r~ i
,~ &
-: ~
,,' ~ c-
" l
1-"
!
-j
':, -I
J
;-1
GS
SE=13
13
18
,r
.,
. I
11
I
I
-I
-i
I
l
LOG
Sheet 2 of 2
Job No. 6851889-01
Type of Rig CME-55
Drop 30
140 lbs
in.
Ref. or Datum
.
cu....
s..c
:::scu
..,....
<II C
.~ 0
ou
:E:
-;;..
N
III VI
III .
",u
.- .
UVl
.
.- ::>
~,~
o
VI
9
Gradi ng Pl an
GEOTECHNICAL DESCRIPTION
Logged By
Sampled By
OS
OS
.~il~t
C1 aystone-gray, sl ightly silty with
trace of fine sand, moderately damp,
cohesive, micaceous
.. ":~~t'~i
.JI'
'>1
..~-"....'.~.
SM
. - . .."....-. -."
"",,' ':'. ':f':;:;f~'~:.::I:
Passing No. 200 Sieve = 28%
dense
. -
: ,:,/;}'(,~~"";\:
.:";~:{;.- .
.., i" :t;. '.; ;-~.1~ 'J'~:' J:\
,'i: i.~:~'7:/;-~:
"-.
. ' . .:<' :,'1,'
. . -~,i { ~. :'.
, ~
, "I
0;i;~
. '.'{~(l
TOTAL DEPTH 40'
NO GROUND WATER
MODERATE DRILLING TO 18'
BELOW 18' VERY HARD DRILLING
HOLE BACKFILLED
...:';,
.1
'.' ,"
.'
(GS)
(SE)
~
.; "
". .'
.> /~~*f
Indicates Grain Size Analysis, ",i.j:,fi.i::~
Indicates Sand EqUiValent'Tesi,:;~~~
Indicates Standard peneiratici~:'1';~ri
"\::)~~
'1";'-
"'V
"-1'
'(
"
. ,
, "
'r.t
. '.,<,~ . ~~!:H;:;:
.. ,....\...
:Y::.;i.:
.". ',.', ..' ,".1',', "~'.~~ ('4.~';,:
1"",1",,,,-
bLUllCIlN ICAL IiUIUtH; LUI>
Drill Hole No. B-2
~ate ' 12-6-85
'Project To-Mac - Tract 3334
IDrill i ng Co. Uni ted
"'le Diameter 8" Drive Weight
~Ievatilln Top of H~le 1106:!:' Ref.
>, ""
+>
'" 0
l+> - :z:
00
- ... OJ
... 0 -
~OJ +> c.
+>QI +> +> OJ'" QlE
QI ..... c. GJ .0 ..
u. oO:E: >0.... :>V1
.... .... ....
:0
I
I ~
. I
f1
. -.
I J
. I
I l
, -\
I -I
J
l~
~
I;j
.. I
F '-1'
1-1
:20~
I
"
\D +>
'" :>
3: ... U
OOJ
_0..-
co <Xl
N
.-,
~.r-I
00
.....'"
31
50
'c:
o
.~
+>
,..
1:'
~.
'"
.D
:>
00.
0..' ,
.,
, I
M
I
-
'"
c:
OJ
o
...
>,u
...c.
o
5
7
9
-
GJ+>
...C:
:>GJ
+> +>
.." c:
_0
ou
:E:
Sheet 1
of .l.-
140 1 bs
or Datum
"'VI
'" .
..u
- .
UVI
.
-=>
-~
o
VI
Job No. 68518B9-01
Type of Rig CME-55
Drop 30
in.
I
-I (GS)
-i GS 14
I SE=43 17 7 SP- (SE)
l 15 SM
Gradi ng Pl an
~
GEOTECHNICAL DESCRIPTION
, .~ .
Logged By
Sampled By
OS
OS
,:.~;.'f .
, .,
SM
. '.' .
. . -:,:):. .
SILTY SAND: Medium brown, damp, fine~
medium grained, moderately cohesive; ;,~;
micaceous" trace of clay ... ...,.::<. :
INTERBEDDED SILTSTONE; S~NDSTONE AND.: to:::;
CLAYST~NE: , Sandstone, varl~s .from c~,ean~~cwH, :
to a s11ty sandstone''!1ed,lUm b~own"7gr,aY:hl'; .
brown-orange brown, Sllghtly damp,. non~,::','
'slightly cohesive, micaceous, occasional
gravelly lenses encountered, very'dense
Siltstone varies with occasional layers
of sandy .s 11 tstone, ,gray-medi um . brown- ,
gray-brown-orange brown, trace of'clay;
fi ne grained, moderately cohesive; mica..; ,
ceous, sl ight1y damp, very dense' '(':.
. "",r-
Clays'tone - gray, slightly siltywitli' ,,';
trace of fine sarid, moderately damp, '.,;
cohesive, micaceous
medium dense
"',.
;':':!-;..:.
..;:-..~.,:
Passing No. 200 Sieve = 9%
dense
.....;:.;.
, .;..::~:~
:>jji~
. ',,;.; ",: ~
...::~'\&:~.
TOTAL DEPTH 30'\\~;
:D::~:~ Y ~::~ DRILLING:..~j1jrB
HOLE BACKFlLLED'\:'?~~ ~
',_.'S' :.".~. .!oj'"
Indicates Grain Size Analysis;"Jif~'
',' le.,..
Indicates Sand EquiValentTes(\H~~ ~''::
Indicates Standard Pe etration'Tes~!~
"r40
~
..
.-J
I
I
~
I
,
j
I
~
!
-j
-I
(i~UT~CIiNlCAL [lURING LOG
12-6-85 Drill Hole No. 8-3
To-Mac - Tract 3334
United
Sheet 1 of 2
Job No. 6851889-01
Type of Rig CME~55
Drop 30
in.
Drive Weight 140 1 bs
1052:t' Ref. or Datum
~
. >, "" . .
III 0 .... III VI
- :z: ~ . III .
'" - III CII.... ",U
~ .... QI - '" '-'" - .
"- 0 - \0 .~ CII ::ICII UVl
,.s:;: CII .... C. III U. '" ........ .
........ OJ III OJ E 3:"- .... ""'" -=>
...'" c. OJ .D '" OOJ - >,u ~ 0 ~~
"':E: >,1-. ::IVl _c. +1 ,-c. OU 0
LU l- I- a> 0 '" ::E: Vl
-
SM
1-
0.....
00
1-11I
~~
124
(95)
7
GS
CP
SE=31
bag
~~
113
(86)
8
8
12
13
4
6
7
'"
o
.~
~.
f
o
u.
'"
.0
,::I
'"
C.
6
7
12
16
20
16
: I
12 I
Grading Plan
GEOTECHNICAL DESCRIPTION
Logged By
Sampled By
OS
OS
,.,' '.~
~~;i<t
S~1
SILTY SAND: Medium brown.. damp, fine.,};::'::;,'
medium grained, moderately cohesjlie~:.\:::!:
mica eo ' , ....
INTER8EDDED SILTSTONE, SANDSTONE AND
CLAYSTONE: Sandstone varies from clean to
a silty sandstone, medium brown-gray brown-
orange brown, slightl,y damp, non.,slightly
cohesive, micaceous, occasional gravelly
lenses encountered, dense
Passing,No. 200 Sleve.= 23%
Medium dense
Siltstone varies with occasional layers
of sandy siltstone, gray-medium brown.,
gray-brown-orange brown, trace of clay,
fine 'grained, moderately cohesive, mica-
ceous, slightly damp,
medium dense <
medium dense
Claystone - gray, sl ightly silty with
trace of fine sand, moderately damp,..
cohesive, micaceous '
below 15' harder drilling
medium dense
..' ,"
'(
.!_:",~..-:.
.... ,>?~:~.
., . ;::::?~~..
. .~,",
. .~..'-
.,-" .
.. ;,.
, '
dense
,;,
'. ~
:' 'F;:;:;",
medium dense
"""~'~<~' .
lilOHCI1NICAL BORING LOG
Drill Hole No. B-3
:':::-......-~.;s:.w
I Date _ 12-6-85
~; Project To-Mac
I'prill ing Co.
:,' "ole Diameter 8"
~levatilln Top of HOle.
\~h",' III 0
'~''''\,;:' ';;; '.. zQI
)i' - -
,,:. s.. 0 ....-
....., .c OJ. +" C.
;l::h~ QJ +> +' QJ en QJ E
I~'!';-C:.' OJ J- co C. cu .0 to
,. QJ...... IO:::E: >tt- :lV1
.., I- I-
Sheet 2
Job No. 6851889-01
Type of Rig 'CME-55
Drop
of
2
Tract 3334
United
Drive Weight 140 lbs
1052:!:' Ref. or Datum
~
~ ....
III II>
- ~ III .
III CU~ ""U
c Lc ~ .
\0 cu ::lCU UII>
III 0 ~~ .
~L .... .." C ~:::>
ocu >,U _ 0 -~
~ 0.. ,L Co OU 0
en 0 ::E: II>
30
in.
Grading ,Plan
GEOTECHNICAL DESCRIPTION '
Logged By
Sampled By
OS
OS
. :~~ ;
.;::~
o
-
I:~ ..J
",'. I c
~,,',~i
..... 'I LL
I.j
,. I
.:'.':,:' l
~-I
if,: 'I'
~.~. ,
':,,:'j
ielev.
1021:t'
;',' . !
Claystone - gray, slightly silty, with'
trace of fine sand, moderately damp, '
cohesive, micaceous
.~:' :
4
9
12
SM
medium dense
.~: !;."~' :.;.:
,;\t:;;~;:: I
""
.CJ
::l
""
0.. ,
9
13
20
dense
"
8
8
10
medium dense
,j
. ._;:~:..; ..i,}~~1tlj~:":
;:';"~~if
...~.:.;\:...,..;
,~: "_ .'i';.L;,>.i.,
".- ~:..~'~';:'~'~~~:
. .~:~<.'
(GS)
(CP)
. (SE)
C&l
TOTAL DEPTH 45' . "
GROUND WATER @~l: ' ", " ,.;:~~
:~~:~:~~;I~t:~. DRILLING ,;1
Indicates Grain Size AnalYSis:::'?~Ji
. .', .....::.)'..:;'
Indicates Compaction Test ...:X/;;;I,
.' '. -" "... -' . .... ~.~ ~:.', ~:::.
Indicates Sand' EquivalentTest';~',~i?,g:,~:
. ',: . .' '. :;~ :\~'-'~;"~~'
Indicates Standard penetrati~njT;s~~
, ':..~l~l;"
--:-~.l.:-
. '. ~:.~;;~~~;".
I
,
8
o
'"
o
CD
o
<I'
Sl
o
Gl
51
o
'"
12
2
o
8
ci
, r~
J j 2
E
:0
I Z
I ~
..
"
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t ~
(I)
:t
n =f
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J' ~ a~
~ ,!.,g~
) a u~
~].5
t =[!s
.:
"
..
_C>
....... -.-";'':..1-l-
51 ~ :il
Finer by Weight
5:
o
Gl
o
CD
Percent
o
..
o
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o
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..
l.~.OJ.ct No.1
6851889-01
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r-- CD
Percent
2 ~ 2
Finer by Weiqht
frOllct No..
, 6851889-01
..
..
..
-
..
E
-'
::l:
,E
c
..
..
Cl
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. .
. -
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~: C\I I
110
lLlL
.
.
Ii:
e~8
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.fl ~ '"
8~1;
Q~
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o
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:IE
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t; l&i N
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ad
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Plat I No.:,'B-11
'~':;
I:
10';-
, ":"
"Ii,'" .
J:o"
.....
\/,:','
~o
CO~'PACTION TEST DATA
n:>ISTURE rorroo IN PERCOO OF DRY WEIGHT
\ 135 0
b
0
u.
u 130
-
l:Q
;:;;)
U
a:
w
n.
U)
0 125
z
;:;;)
~
z
-
>-
1::
U) 120
z
w
0
>-
a:
0
115
LOCATION
Borin9 or Test Pit
Depth, in Feet
Representative For
','
);\"' .
:A\ SoIL QAsSIFICATlll'I
5
15
G=2.70
. SE=31
B-3
@ 2i,_5'
Pauba Formation
Grain Sizes in Percent of Dry Weight
Sand (Retained on #200 Sieve) 77
Fines (Passing ;\'200 Sieve) 23
Atterberg limits, in Percent of Dry Weight
Liquid Limit -
Plasticity Index
Soil Type and Description
';":':.
'~,.ca'1PACTJON PROPERTJ ES
(J.
Silty Sand (SM) dark brown, fine-
coarse grained, with some clay
'Method of Co~paction
ASTM Standard Test Method D1557-78 Equivalent to A.A.S.H.O.
Soil Compaction Test T180-s7 (1/30 cubic 'foot mold 10 pound hawmer
falling -18 inches, 25 blo~IS per layer)
Dptirnum Moisture Content, in percent of Dry Weight
Maximum Dry Density, in pounds per Cubic Foot
't~:.; .
':"~PROJECT No
,~"- ". .' . .
.;.' .
, 6851889-01
9.5
1'31. 0
ILIGHTm & ASSOCIATES
',; :',,::'~ ,
:::"'t~i~
'l"""
.,,~~!~~,
.~ '.....
" ';'I}:,F
'i-"i~j';
. ' "'~~:i'i'~F
. 'I'" ,,"f'
, '~>~~i{.
.' :j~~}i
"','L'~.~
. ..... :::>;.:~~~;;. :fti
..,~"\~~;~jl,
"
~. . '.' ". '_::;X~~~~.
PlATE'.No. B,:.f,,"F
. . -:- :'('~J:~':
-:1
"
J
I
I'
;~.-
1M;.;!!.','
1\\:',:': '
";'rH.. ';
~;.;:{~"
I~~:'
:.{.;".f~:",'.
ik:(:.'
I~,c;
, ~.','
~iJ::' .
i:$I, t .
.1" :~
!_'j.'
" ::;';;:.
,"
. ~;)
'~;.'"
c 0 ~1 PAC T ] 0 tLlE S T D A T A
...._..':r
. (;~:i~;.;~
f:h<.....:~.-~~
.', f}1$i
., ,."~
...~
'..",l;
MJISTIJRE CooTENT IN PERCENT OF DRY WEIGHT
l350
5
10
15
b
fr
u .130
-
l%l
::l
U
a:
\JJ
c..
Ul
c
Z
::l
~
125
6=2.70
z
-
>-
I-
-
Ul 120
ffi
c
>-
a:
c
~~;:~,.,
f:',
}~'.:. ,
i!:,;:':'
~~:;.
-~,. ,
'.>:,
115
LOCATloo
Boring or Test Pit
Depth, in Feet
Representative For
, . SE=3l
B-3
@ 2i_~,
Pauba Formation
SOiL ClASSIFICATION
Grain Sizes in Percent of Dry Weight
Sand (Retained on :200 Sieve) 77
Fines (Passing #200 Sieve) , 23
Atterberg limits, in Percent of Dry Weight
Liquid Limit
Plasticity Index
.Ii;'", _~
'Ie,,,> ~~
'. -f.",~....c~;
,""/\~""f'
,.~~:~~
,I -".i~t';.
.t~~?~
,,.._-j~.;,jJ
'1"),\~7~V;
Soil Type and Description
,Qi'1PACTloo PROPERTIES
Silty Sand (SM) dark brown, fine-
coarse grained, with some clay
I~ethod of Compaction ,
ASTM Standard Test Method D1557-78 Equivalent to A.A.S.H.O.
Soil Compaction ,Test T18D-57 (1/30 cubic foot mold 10 pound haumer
falling 18 inches, 25 blotls per layer)
Optimum Hoisture Content, in percent of Dry Weight 9.5
t:aximum Dry Density, in potindsper Cubic Foot 131.0
. : '.L~
Pv.TE'No' B;"::~"
. . ~ . "<:~'L:~~ll:
!.EIGHTa. & ASSOCIATES
. 6851889-01
I
I
I
;AMPlE LOCATION
11 @ 35 I
[Pauba Formation)
'-2@ 28'
Irauba Formation)
1-3 @ 2'
Irauba Formation)
SAND EQUIVALENT TESTS
CLASS I FI CATION
*
SAND EQUIVALENT
Silty Sand (SM) medium brown
to gray-orange brown
13
Silty Sand (SP-SM) medium brown
to gray-orange brown
43
Silty'Sand (SM) medium brown
to gray-orange brown
31
I
I
I
I
Ifests performed in accordance with ASTM 02419-74
I
I
I
I
I
I
tct No:
6851889-01
LF!iohlon 11. M:<:n~i:tl..<:
Plate Na: 8-f.v
"
~:
0,
.
,
.-i
,
1:-.
"
\
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v
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t,
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t i!
151889-01
I
1.0
I
I
I
2.0
I
I
I
I
I
I
I
APPENDIX C
GENERAL EARTHWORK AND GRADING SPECIFICATIONS'
General Intent
These specifications present general procedures and requirements for grading and
earthwork as shown on the approved grading plans, including preparation of areas to
be filled, placement of fill, installation of subdrains, and excavations. The
recommendations contained in the geotechnical report are a part of the earthwork
and grading specifications ond shall supersede the provisions contained hereinafter
in the case of conflict. Evaluations performed by the consultant during the course
of grading may result in new recommendations which could supersede these
specifications or the recomm~ndations of the geotechnical report.
Earthwork Observation ond Testinq
Prior to the commencement of grading, a qualified geotechnical consultant (soils
engineer and engineering geologist, and their representatives) shall be employed for
the purpose of observing earthwork procedures and testing the fills for conformance
with the recommendations of the geotechnical report and these specifications. It
will be necessary that the consultant provide adequate testing ond observation so
that he may determine that the work was occomplished as specified. It shall be the
responsibili.ty of the controctor to assist the consultont and keep him apprised of
work schedules and changes so that he may schedule his personnel accordingly.
It shall be the sole responsibility of the contractor to provide odequate equipment
and methods to accomplish the work in occordance with applicable grading codes or
agency ordinances, these specifications and the approved grading plans. If, in the
opinion of the consultant, unsatisfactory conditions, such as questionable soil, poor
moisture condition, inadequate compaction, adverse weather, etc., are resulting in a
quality of work less then required in these specifications, the consultant will be
empowered to reject the work and recommend that construction be stopped until the
conditions are rectified. . , ,
I ' ~.
I .,
I
I
1&\
,..J
.l~?
{'....
Maximum dry density tests used to determine the degree of compaction will be
performed in accordance with the American Society for Testing and Materials test
method ASTM 01557-78.
{:":<
::r.
)
I 3.0 Preparation of Areas to be Filled
3.1 ClearinQ and Grubbinq: All brush, vegetation and debris sholl be removed or
piled and otherwise disposed of.
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3.2 Processinq: lhe existing ground which is determined to be satisfoctory for
support of fill shall be scarified to a minirmm depth of 6 inches. Existing
ground ,which is not satisfactory shall be overexcovated os specified in the
fallowing section. Scarification sholl continue until the soils ore broken clown
and ,free of large clay lumps or clods md until the working surface is
reasonobly uniform and free of uneven features which would inhibit uniform
compaction.
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, THE GEOTECHNICAL CONSULTANT
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TRANSITION lOT DETAilS
CUT-Fill lOT
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UNWEATHERED BEDROCK OR I
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NATURAL GROUND
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NOTE:
Deeper overexcovation and recompaction sholl be performed
if determined to be necessary by the geotechnical consultant.
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5.0
6851889-01
3.3 Overexcavation: Soft, dry, spongy, highly fractured or otherw.ise unsuitable
ground; extending to such 0 depth that surFace processing cannot adequately
improve the condition, sholl be overexcavated down to firm ground, approved
by the consultant.
3.4 Moisture Conditioninll: Overexcavated and processed soils sholl be watered,
dried-back, blended, and/or mixed, as required to attain 0 uniform moisture
content near optimum.
3.5 Recompaction: Overexcavated and processed soils which have 'been properly
mixed and moisture-canditioned shall be recompacted to a minimum relative
compaction of 90 percent.
3.6 Benchin: Where fills are to be placed on ground with slopes steeper than 5:1
horizontal to vertical units), the ground shall be stepped or benched. The
lowest bench shall be a minimum of 15 feet wide, shall be at least 2 feet deep,
shall expose firm material, and shall be approved by the consultant. Other
benches shall be excavated in firm material for 0 minimum width of 4 feet.
Ground sloping flatter than 5: I sholl be benched or otherwise overexcavated
when considered necessary by the consultant. '
'3.7 Approval:' All areas to receive fill, including processed areas, removal areas
and tae-of-fill benches shall be approved by the consultant prior to fill
placement. '
4.0 Fill Material
4.1 General: Material to be placed as fill shall be free of organic matter and
other deleterious substances, and shall be approved by the consultant. Soils of
poor gradation, expansion, or strength characteristics shall be ploced in areas
designated by the consultant or shall be mixed with other soils to serve as
satisfactory fill material.
4.2 Oversize: Oversize material defined as rock, or other irreducible material
with a maximum dimension greater than 12 inches, shall not be buried or
ploced in fills, unless the location, materials, and disposal methods are
specifically approved by the consultant. Oversize disposal operations sholl be
such that nesting of oversize material does not occur, and such that the
oversize material is completely surrounded by compacted or densifjed fil/.
Oversize material shall not be placed within 10 feet vertically of finish grade
or within the range of future utilities or underground canstructian, unless
specifically approve<! by the consultant.
4.3 Import: If importing of fill material is required for grading, the import
material shall meet the requirements of Section 4.1.
Fill Placement and Compaction
5.1 FIJI Lifts: Approved fill material sheill be placed in areas prepared to receive
fill in near-'horizontal layers not exceeding (; inches in compacted thickness.
The consultont may approve thicker lifts If testing indicates the -grading
procedures"are such that adequate compaction is being achieved with lifts of
greater thickness. Each layer sholl be spread evenly and sholl be thoroughly
mixed during spreading to attain uniformity of material and moisture in each
layer.
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Fill Moisture: Fill layers at 0 moisture content less than opt.imum sholl be
watered and mixed, and wet fill layers shall be aerated by scarification or
shall be blended with drier material. Moisture-<:onditioning and mixing of fill
layer:; shall continue until the fill material is at 0 uniform moisture content at
or near optimum. '
5.3
Compaction of Fill: After each layer has been evenly spread, moisture-
conditioned, and mixed, it sholl be uniformly compacted to not less than
90 percent of maximum dry density. Compaction equipment sholl be
adequately sized and shall be either specifically designed for soil compaction
or of proven reliability, to efficiently achieve the specified degree of
compaction.
5.4 Fill Slopes: Compacting of slopes sholl be accomplished, in addition to normal
compacting procedures, by backrolling of slopes with sheepsfoot rollers at
frequent increments of Z to 3 feet in fill elevation gain, or by other methods
producing satisfactory results. At the completion of grading, the relative
compaction of the slope oilt to the slope face sholl be at least 90 percent. ,
5.5 Compaction Testinq: Field tests to check the fill moisture and degree of
compaction will be performed by the consul1ant. The location and frequency
of tests .shall be at the consultant's discretion. In general, the tests will be
token at on interval not exceeding Z feet in vertical rise and/or 11000 cubic
yards of embankment.
6.0 Subdrain Installation
Subdrain systems, if required, sholl be installed in approved ground to conform to
the approximate alignment and details shown on the plans or herein. The, subdrain
lacation or materials,sholl not be changed or modified without the approval of the
consultant. The consul1ant, however, may recommend and upon approval, direct
changes in slbdraioline, grade or material. All slbdrainsshould be surveyed for line
and grade after installation and sufficient time sholl be allowed for the surveys,
prior to commencement of filling over the subdrains.
7.0 Excavation
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Excavations and cut slopes will be examined during grading. If directed by the
consul1ant, further excavation or overexcovation and refilling of cut areas shall be
performed, and/or remedial grading of cut slopes shall be performed. Where fill-
over-cut slopes ore to be_graded, unless otherwise approved, the cut portion of the
slope sholl be mode and opproved by the consultant prior to placement of materials
for construction of the fill portion of the slope.
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8.4
8.5
Trench Backfills
B.l
Trench excavations for utility pipes shall be backfilled under engine-
ering supervision.
B.2
After the utility pipe has been laid, the space under and around the
pipe shall be backfilled with clean sand or approved granular soil to
a depth of at least one ,foot over the top of the pipe. The sand back-
fill shall be unifonnly jetted into place before the controlled back-
fill is placed over the sand.
8.3
The onsite materials, or other soils approved by the
be watered and mixed as necessary prior to placement
sand backfill.
soil engineer, shall
in lifts over the
The controlled' backfill shall
maximum laboratory density as
described. above.
be compacted to at least 90 percent of the
detenmined by the ASTM compaction method .
Field density tests and inspection of the backfill procedures shall be
made by the soil engineer during backfilling to see that proper moisture
content and uniform compaction is being maintained. The contractor
shal1,provide test holes and exploratory pits as required by the soil
engineer to enable sampling and testing.
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APPENDIX 0
REFERENCES
.., lton and Associates, Inc., 1,978, Geotechnical Investigation for Fault and Soil
,,1 'liquefaction Study, lots 17 and 18 (51.36+ Acres}, Tract 3334, Rancho
a California, Riverside County, California, dated July 25, 1978 (Project No.
Il' 678347-01).
r..L~--,1978, Soil liquefaction Study, Proposed Commercial Site, lots 17 and 18,
~' ,Tract 3334, Rancho California, Riverside County, California, dated July 25,
fIi 1978 (Project No. 678347-01). '
~' ------,19, 80, Geotechnical Review of Grading Plan, Parcel 3, Parcel Map No. 17567,
, Rancho California, Riverside County, California, Dated September 4, 1981
; (Project No. 6780347-04). , '
'1~----,1985, Preliminary Soil Investigation, Proposed GEMCO c,enter, Commercial
Site, Across from The Plaza, Rancho Properties, Rancho California,
California, dated February 27, 1985 (Project No. 6850123-01). .
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Consultants, 1980, Geotechn,ical Evaluation, a Portion of the WildomarFault
Zone, Rancho California Area, Riverside County, dated June 13, 1980, County
, of Riverside, Geologic Report No. 199.
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ATTACHMENT C ,
Noise Study for the Rough Grading of theTemecula Auto Mall Expansion in the City of Temecula
Prepared by Weiland Associates, May 2005,
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R:IE AIEA 121 Auto Mall Gradlng\Cover Memo,v1.doc
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NOISE STUDY
FOR THE ROUGH GRADING PHASE
OF THE TEMECULA AUTO MALL EXPANSION
IN THE CITY OF TEMECULA
Project File 684-05
May 2005
(..)
Prepared for:
Felicita Financial Corporation
41623 Margarita Road, Suite 100
Temecula, CA 92591
Prepared by:
David L. Wieland, Principal Consultant
Wieland Associates, Inc.
23276 South Pointe Drive, Suite 114
Laguna Hills, CA 92653
, Tel: 949/829-6722 Fax: 949/829-6670
www.wielandassoc.com
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Table of Contents
1
INTRODUCTION ....o.............................................................................. 1
2 NOISE DESCRIPTORS .... ........... ............ .................... ....... ...................... 2
2,1 DECIBELS ............ ..... ........ ... ...........,.....................,...,........,..... ....., 2
2,2 A-WEIGHTING. ..... .....,....,........ ................ ...........,...'............'........... 2
2,3 COMMUNITY NOISE EQUIVALENT LEVEL (CNEL),.. .......,...... ......, ............. ........,.. 4
3 NOISE REQUIREMENTS ....... ............. .............................................. ........ 4
4 EXISTING NOISE ENVIRONMENT ............................................................... 4
5 CONSTRUCTION NOISE LEVELS................................................................4
6 MITIGATION MEASURES... ...... ...... .... ........~. ......... ....... ...... ..... ................. 6
7 CONCLUSION... ... ......... ......... ...... .... ........ ... ........0. ........ ..... ......0.. ......0. 8
8 REFERENCES.... .... .... .... ...... ... ..... ..... ......... .............. ......... ... .......... ...... 8
List of Tables
Table 5-1. Construction Equipment and Schedule ..,......................................'...... 5
Table 5.2. Construction Equipment Data........................................................... 5
List of Figures
, Figure 1-1. Location of the Project Site........................................................... 1
Figure 2-1. Common Noise Sources and A-Weighted Noise Levels .............................3
Figure 2-2, Common CNEl and ldn Noise Exposure levels at Various locations .....,...... 3
Figure 6-1. Location and Top Elevations for the Recommended Berm........................ 7
List of Appendices
Appendix I. Construction Noise Analysis
FEUCIT A FINANCIAL CORPORATION
Project File 684.05
i
May 2005
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... Wieland Associates, Inc.
FINAL
T emecula Auto Mall Expansion
1 Introduction
The proposed project will involve rough grading on Parcels 4-6 of Tentative Parcel Map No. 32924
during nighttime hours to excavate approximately 132.000 cubic yards of soil and transport it across
Ynez Road to the site of the Temecula Auto Mall expansion, (Refer to Figure 1-1 for the location of
the project site,) The purpose of this study is to identify and assess the potential noise impacts at the
Somerset Apartments directly east of the project site,
{I Figure 1-1. Location of the Project Site
.~._./
FELlCITA FINANCIAL CORPORATION 1
Project File 684-05 May 20llS
... Wieland Associates, Inc.
FINAL
Temecula Auto Mall Expansion
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}
2 Noise Descriptors
The following sections briefly describe the noise descriptors that will be used throughout this study:
2.1 Decibels
Sound pressures can be measured in units called microPascals (vPa), However, expressing sound
levels in terms of vPa would be very cumbersome since it would require a wide range of very large
numbers, For this reason, sound pressure levels are described in logarithmic units of ratios of actual
sound pressures to a reference pressure squared. These units are called bels, In order to provide a finer
resolution, a bel is subdi vided into 10 decibels, abbreviated dB.
Since decibels are logarithmic units, sound pressure levels cannot be added or subtracted by ordinary
arithmetic means. For example, if one pump produces a sound pressure level of 70 dB, two pumps
operating simultaneously would not produce 140 dB, In fact, they would ~ombine to produce 73 dB,
In other words, doubling the number of pumps will increase the noise level by 3 dB. Conversely,
halving the number of pumps will reduce the noise level by 3 dB.
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2.2 A-Weighting
Sound pressure level alone is not a reliable indicator of loudness, The frequency or pitch of a sound
also has a substantial effect on how humans will respond. While the intensity of the sound is a purely
physical quantity, the10udness or human response depends on the characteristics of the human ear,
Human hearing is limited not only to the range of audible frequencies, but also in the way it perceives
the sound pressure level in that range. In general, the healthy human ear is most sensitive to sounds
between 1,000 Hz and 5,000 Hz, and perceives both higher and lower frequency sounds of the same
magnitude with less intensity. In order to approximate the frequency response of the human ear, a
series of sound pressure level adjustments is usually applied to the sound measured by a sound level
meter. The adjustments, or weighting network, are frequency dependent.
The A-scale approximates the frequency response of the average young ear when listening to most
ordinary everyday sounds, When people make relative judgments of the loudness or annoyance of a
sound, their judgments correlate well with the A-scale sound levels of those sounds. A range of noise
levels associated with common in- and outdoor activities is shown in Figure 2-1 (page 3),
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The A-weighted sound level of traffic and other long-term noise-producing activities within and
around a community varies considerably with time, Measurements of this varying noise level are
accomplished by recording values of the A-weighted level during representative periods within a
specified portion of the day,
FEUCITA FINANCIAL CORPORATION
Project File 684-05
2
May 2005
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2.3 Community Noise Equivalent Level (CNEL)
It is recognized that a given level of noise may be more or less tolerable depending on the duration of
exposure experienced by an individual. There are numerous measures of noise exposure that consider
not only the A-level variation of noise but also the duration of the disturbance, The State Department
of Aeronautics and the California Commission on Housing and Community Development have
adopted the community noise equivalent level (CNEL). This measure weights the average noise
levels for the evening hours (7:00 p,m. to 10:00 p,m,), increasing them by 5 dB, and weights the late
evening and morning hour noise levels (10:00 p,m, to 7:00 a,m,) by 10 dB, The daytime noise levels
are combined with these weighted levels and are averaged to obtain a CNEL value, Figure 2-2 (page
3) indicates the outdoor CNEL at typical locations,
3 Noise Requirements
The City of Temecula has indicated that the proposed project may not expose the residents of
the adjacent apartments to noise levels exceeding the limits pennitted by the General Plan
Noise Element. For residential properties, this limit is a CNEL of 65 dB.
() 4 Existing Noise Environment
In order to document the existing noise environment, a continuous 24-hour measurement was
obtained at the Somerset Apartments on April 19 and 20, 2005, The measurement was obtained
adjacent to Building 32 (the nearest building to the vacant lot), with a microphone height
corresponding to the second floor window elevation (which will have the greatest exposure to the
proposed construction activity), The results of the measurement, provided in Appendix I, indicate a
CNEL of 58,7 dB,
5 Construction Noise Levels
Based on information provided by Compaction Plus, the following table provides a list of the
construction equipment and the operational schedule that will be employed at the project site:
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FELlCITA FINANCIAL CORPORATION
Project File 684-05
4
May 2005
Y... Wieland Associates, Inc.
FINAL
Temecula Auto Mall Expansion
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Table 5.1, Construction Equipment and Schedule
Average Number of Equipment Items in Use
During Each Hour
Equipment Item 811m - 9pm 91lm - 4am 4am - Sam
Bulldozer 1 1 1
Earth scraper 6 6 6
Motor grader 1 1 1
Loader 1 1 1
Water truck 1 1 1
Service truck 1 0 1
Fuel/lube truck 1 0 1
For the purposes of constructing a computer model, the project site was divided into four equal-sized
segments, with 1.5 earth scrapers operating continuously in each segment. The remaining equipment
items identified in Table 5-1 were assumed to spend 1/4 of their time in each of the four segments
(I.e., they were assumed to operate continuously throughout the entire project site,) The following
data were used in the computer model to estimate the construction activity noise levels:
Table 5.2, Construction Equipment Data
()
Estimated Noise Level at 50 feet
With Feasible Usage
Equipment Item TVllical Noise Control' Factor'
Bulldozer 80 dB(A) 75 dB/AI 0.4
Earth scraper 88 dBIA) 80 dBIAI 0.4
Motor grader 85 dB(A) 75 dB(AI 0.08
Loader 79 dBtA) 75 dBIA) 0.4
Water truck 91 dB(A) 75 dB(A) 0.4
Service truck 91 dB(Al 75 dBIA) 0.4
Fuel/tube truck 91 dBIAl 75 dB(A) 0.4
Source: Noise from Construction Equipment and Operations. Building
Equipment, and Home Appliances, BBN, Dec 31, 1971.
Notes:
1. Estimated levels obtainable by selecting quieter procedures or
machines and implementing noise control factors requiring no major
redesign or extreme cost.
2, Percentage of time equipment is operating at noisiest mode in most
used phase on site.
As indicated in Table 5-2, there is a significant range in the estimated noise levels that may be
produced by construction equipment. Since the exact equipment and procedures to be used at the
project site are unknown, the analytical results provided in this study will reflect the same range.
Based on the information provided in Tables 5-1 and 5-2, it is estimated that the construction
, operation will generate a CNEL of 70 to 79 dB at the nearest apartment buildings, (Refer to
Appendix I for the analysis,)
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FEllCITA ANANCIAl CORPORATION
Project File 684.05
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May zoos
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FINAL
T emecula Auto Mall Expansion
6 Mitigation Measures
The following mitigation measures are recommended for compliance with the City's CNEL standard
of 65 dB at the adjacent apartments:
I, Because of the way CNEL is calculated, daytime grading activities should not be permitted
within the same 24-hour period as nighttime grading activities,
2, During daytime hours (7:00 a,m, to 7:00 p,m,), and prior to any nighttime grading activities, an
earthen berm should be constructed along the eastern and northern sides of the construction area
as shown in Figure 6-1.
All construction equipment should be equipped with properly operating and maintained muffling
devices,
To the extent feasible, construction activities should be scheduled to avoid operating multiple
pieces of equipment simultaneously, which causes higher noise levels,
The construction contractor should avoid unnecessary equipment idling for long periods.
Back-up horns should be replaced with alternatives such as warning lights, hand signals, or
continuous loop routes.
No construction-related public address loudspeaker, two-way radio or music system should be
audible at any adjacent noise-sensitive land use,
8. Construction techniques designed to reduce noise should be implemented where feasible. Loud
equipment should be separated and not grouped in one location, Areas reserved for testing and
fixing equipment should be placed away from sensitive receptors, :t
9, Grading and construction equipment should be stored on the project site whil~fn use,
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'10. The construction contractor should implement a noise awareness program for construction
workers, The onsite construction supervisor should be authorized to receive noise complaints and
should be responsible for their resolution,
1 L Prior to the commencement of construction, and ongoing during construction, residents adjacent
to the construction activity should be notified of the specific construction activity and associated
schedule, Additionally, signs easily visible at all times during construction should be posted at
strategic locations within the project area. The notifications and signs should identify the address,
"hotline" number, and name of a designated person to contact for the purpose of responding to
questions or complaints during the construction period, The notifications and signs should also
identify the hours of permissible construction work and estimated duration.
FEUCITA ANANCIAl CORPORATION
Project File 68+05
6
May 2005
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FI HAL
Temecula Auto Mall Expansion
Figure 6-1, Location and Top Elevations for the Recommended Berm
FELlCITA FINANCIAL CORPORATION
Project File 684-05
7
May 2005
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F I HAL
Temecula Auto Mall Expansion
7
Conclusion
Based on the results of our analysis, it is concluded that, with proper implementation of the
recommended mitigation measures, the noise levels generated by the construction activities at the
project site will comply with the City's standards,
It should be noted that the construction activities will be audible and discernible at the nearby
apartments, even as it complies with the City's standards, This is due to the fact that the background
"noise level in the area is quite low.
8 References
1. Tentative Parcel Map No, 32924, RBF Consulting, No date,
2, North Plaza & Borrow Site Plan, RBF Consulting, No date,
FEUClTA FINANCIAL CORPORATIOH
Project File 684-05
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May 2005
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APPENDIX I
Construction Noise Analysis
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ATTACHMENT 0
Berm Exhibit
Prepared by Weiland Associates, May 2005,
R:\E AIEA 121 Auto Mall GradinglCover Memo. v1 ,doc
24
R:IE AIEA 121 Auto Mall GradinglCover Memo,v1,doc
25
ATTACHMENT NO.3
LIST OF MITIGATION MEASURES
R:\E A\EA 121 Auto Mall Grading\Staff Report eel.doc
8
PROPOSED MITIGATION MEASURES
Liaht and Glare
1. All construction site lighting shall be oriented away from and/or shielded in such a way
that the light does not illuminate the adjacent multiple family units,
2, All '~ill site" construction site lighting shall be oriented away from and/or shielded in such
a way that the light does not shine directly into the eyes of the motorists along Interstate
15 and Ynez Road,
Air Qualitv
3, Adequate watering techniques shall be employed to mitigate the impact of construction-
generated dust particulates from both the disturbed areas and haul routes. The watering
techniques shall be done at least three times per day, Portions of the project site that
are under-going earth moving operations shall be watered such that a crust will be
formed on the ground surface and then watered again at the end of the work day,
4, All earthmoving equipment shall use aqueous diesel fuel.
5, Grading operations shall be suspended when on-site wind speeds exceed 25 mph,
Cultural Resources
6, During excavation activities, a qualified paleontological monitor will be present and will
have the authority to stop and redirect grading activities to evaluate the significance of
any paleontological resources exposed during the grading activity within the alignment.
If paleontological resources are encountered, adequate funding will be provided to
collect, curate and report on these resources to ensure the values inherent in the
resources are adequately characterized and preserved.
Noise
7. To maintain the City's CNEL criteria (from the adopted General Plan), daytime and
nighttime grading activities shall not be permitted within the same 24-hour period,
8, During daytime hours (7:00 a,m. to 7:00 p,m.), and prior to any nighttime grading
activities, an earthen berm shall be constructed along the eastern and northern sides of
the construction area on the "source site", (The height and location of the berm are
identified in Attachment D,)
9. The construction contractor shall implement a noise awareness program for construction
workers. The onsite construction supervisor shall be authorized to receive noise
complaints and is responsible for their resolution,
10, All construction equipment shall be equipped with properly operating and maintained
muffling devices,
R:IE AlEA 121 Auto Mall GradinglStaff Report CC1 .doc
9
11, To the extent feasible, construction activities shall be scheduled to avoid operating
multiple pieces of equipment simultaneously, which causes higher noise levels,
12. The construction contractor shall avoid unnecessary equipment idling for long periods.
13. Back-up horns shall be replaced with alternatives such as warning lights, hand signals,
and/or continuous loop routes,
14. No construction-related public address loudspeaker, two-way radio or music system shall
be audible at any adjacent noise-sensitive land use,
15, Construction techniques designed to reduce noise shall be implemented where feasible,
16, Areas reserved for testing and fixing equipment shall be placed away from sensitive
receptors in an areas approved by the Department of Public Works.
17, Grading and construction equipment shall be stored on the project site while not in use,
18, Prior to the commencement of construction, and ongoing during construction, residents
adjacent to the construction activity shall be notified of the specific construction activity
and associated schedule, Additionally, signs easily visible at all times during construction
should be posted at strategic locations within the project area. The notifications and
signs should identify the address, "hotline" number, and name of a designated person to
contact for the purpose of responding to questions or complaints during the construction
period. The notifications and signs shall also identify the hours of permissible
construction work and estimated duration.
R:\E A\EA 121 Auto Mall Grading\Staff Report CC1.doc
10
ATTACHMENT NO.4
RESIDENT LETTER
R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc
11
City of Temecula
43200 Business Park Drive - PO Box 9033 - Temecula - California - 92589-9033
(951) 694.6400 - FAX (951) 694.6477
July 6, 2005
Dear Temecula Resident,
The City of Temecula has received a request from a property owner along Ynez Road to grade
a portion of their property that is located behind the apartment complex where you live. The
proposed grading project will grade part of the property behind you and transport the dirt across
Ynez Road and to the vacant property next to Interstate 15, However, because of concerns
about the impacts to traffic flow along Ynez Road, much of the grading and transporting of the
dirt across Ynez Road will be conducted at night. The purpose of this letter is to let you know
that the City Council will be considering their request to grade at night during an upcoming
meeting,
The Temecula Municipal Code limits the hours of construction adjacent to where people live to
7:00 a,rn, to 6:00 p.m. Any exceptions to this requirement must be approved by the City
Council. The proposed grading activity is expected to begin about 7:00 p,m, and end about
5:00 a.m" Sunday night through Friday morning. The nighttime grading activities are expected
to take about three weeks to complete; though there will be some daytime grading activities
both before and after the nighttime grading.
The City Council will decide whether or not to approve nighttime grading and whether or not to
adopt a Mitigated Negative Declaration for the grading activity at their July 26, 2005 City Council
meeting, City Council meetings begin at 7:00 p,m, and are held in the City Council Chambers
located at 43200 Business Park Drive, The public is welcome to attend and is allowed to speak
to the Council on all matter of City business. A copy of the Initial Environmental Study for the
proposed Mitigated Negative Declaration is available for public review at City Hall and on the
City of Temecula website (http://www.cityoftemecula.org/index.htm). The draft of the Mitigated
Negative Declaration also contains a number of measures the grading contractor must do to
further reduce the effects of the project on the nearby residents. A list of these mitigation
measures to reduce the effects of the grading project are enclosed with this letter.
If you have any questions concerning this project, please contact me at (951) 694-6400 or
Deputy Director of Public Works Ron Parks at (951) 694-6411,
GJ)\-l
David Hogan ~
Principal Planner
R:\E A\EA 121 Auto Mall Grading\Final Resident Letter.doc
LIST OF PROPOSED MITIGATION MEASURES
(When approved by the City Council, these measures will become requirements that the
grading operation will have to comply with,)
To reduce possible Niahttime Liaht and Glare Effects
1, All construction site lighting shall be oriented away from and/or shielded in such a way
that the light does not illuminate the adjacent multiple family units.
To reduce possible Air Qualitv Effects (Airborne Dust)
1. Adequate watering techniques shall be employed to mitigate the impact of construction-
generated dust particulates from both the disturbed areas and haul routes. The watering
techniques shall be done at least three times per day, Portions of the project site that
are under-going earth moving operations shall be watered such that a crust will be
formed on the ground surface and then watered again at the end of the work day,
2, Grading operations shall be suspended when on-site wind speeds exceed 25 mph,
To reduce impacts to Cultural and Historic Resources
1, During excavation activities, a qualified paleontological monitor will be present and will
have the authority to stop and redirect grading activities to evaluate the significance of
any paleontological resources exposed during the grading activity within the alignment.
If paleontological resources are encountered, adequate funding will be provided to
collect, curate and report on these resources to ensure the values inherent in the
resources are adequately characterized and preserved,
To reduce possible Noise Effects
1, To maintain the City's CNEL criteria (from the adopted General Plan), daytime and
nighttime grading activities shall not be permitted within the same 24-hour period.
2, During daytime hours (7:00 a.m. to 7:00 p.m.), and prior to any nighttime grading
activities, an earthen berm shall be constructed along the eastern and northern sides of
the construction area on the "source site",
3, The construction contractor shall implement a noise awareness program for construction
workers, The onsite construction supervisor shall be authorized to receive noise
complaints and is responsible for their resolution,
4. All construction equipment shall be equipped with properly operating and maintained
muffling devices.
5, To the extent feasible, construction activities shall be scheduled to avoid operating
multiple pieces of equipment simultaneously, which causes higher noise levels,
6, The construction contractor shall avoid unnecessary equipment idling for long periods,
7, Back-up horns shall be replaced with alternatives such as warning lights, hand signals,
and/or continuous loop routes.
8, No construction-related public address loudspeaker, two-way radio or music system
shall be audible at any adjacent noise-sensitive land use,
R:\E A\EA 121 Auto Mall Grading\Residenl Letter.doc
9, Construction techniques designed to reduce noise shall be implemented where feasible,
10, Areas reserved for testing and fixing equipment shall be placed away from sensitive
receptors in an areas approved by the Department of Public Works,
11. Grading and construction equipment shall be stored on the project site while not in use,
12. Prior to the commencement of construction, and ongoing during construction, residents
adjacent to the construction activity shall be notified of the specific construction activity
and associated schedule, Additionally, signs easily visible at all times during construction
should be posted at strategic locations within the project area, The notifications and
signs should identify the address, "hotline" number, and name of a designated person to
contact for the purpose of responding to questions or complaints during the construction
period. The notifications and signs shall also identify the hours of permissible
construction work and estimated duration,
R:IE AlEA 121 Auto Mall GradinglResident Letter.doc
ATTACHMENT NO.5
LOCATION MAP
R:IE AlEA 121 Auto Mall GradinglStaff Report eel.doc
12
LOCATION MAP
AUTO MALURANCHO WAY GRADING
EA-121
R:IEAlEA 121 Auto Mall GradinglStaff ReportCC1.doc
13
, /'
ITEM 17
CITY
DIR.
CITY
APPROVAL......,'n
ATTORNEy-Wr~
OF FINANCE
MANAGER (
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Genie Roberts, Director of Finance
DATE: July 26, 2005
SUBJECT: Authorization of Special Tax Levy in Community Facilities District No, 88-12
(Ynez Corridor)
PREPARED BY:
Polly von Richter, Senior Debt Analyst ~
RECOMMENDATION:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ
CORRIDOR)
DISCUSSION: The County of Riverside (the "County") established Community
Facilities District No, 88-12 (the "District") in 1989 to finance the acquisition of a park site and
improvements to Ynez Road, the Overland Drive overcrossing and other related public
improvements. In 1992, the County issued special tax bonds for the District in the principal amount
of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1,
1997, responsibility for the District was transferred from the County to the City, On May 12, 1998 the
City Council approved a resolution authorizing the issuance of special tax refunding bonds. On
June 25, 1998 special tax refunding bonds in the amount of $18,690,000 were issued, This
refunding will result in savings in debt service costs of approximately $2,3 million over twenty years,
The refunding bonds are special, limited obligations payable solely from special taxes levied on
property in the District and moneys held under the refunding bond documents. The refunding bonds
are in no way general obligations of the City.
Each fiscal year a special tax is required to be levied in an amount to meet the total amount of
principal and interest payable on the bonds, the estimated amount to be incurred for administrative
expenses, and the amount necessary to replenish any reserve funds. This amount will be
calculated and divided by the total number of acres of taxable property in the District. The resulting
amount per acre will be multiplied by the number of acres in each parcel to produce the amount of
the special tax for such parcel for the fiscal year. The calculated special tax, calculated by the City's
Special Tax Consultant, required to be levied for the 2005-06 fiscal year is $1,449,732,12,
I
FISCAL IMPACT: The calculated special tax required to be levied for the 2005-06 fiscal year is
$1,449,732,12. This amount represents a $241,408.74 or 16,65% decrease from the 2004-05
special tax levy.
Attachments:
-Special Tax Calculation Worksheet
-Resolution No. 05.
2
RESOLUTION NO. 05-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ
CORRIDOR)
WHEREAS, the City Council of the City Of Temecula is the legislative body for Community
Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello-Roos Community
Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, the Board of Supervisors of the County of Riverside has enacted Ordinance No.
690 in accordance with Government Code Section 53340 authorizing the levy of a special tax
assessment on the property located within the CFD; and
WHEREAS, the City Council has completed all steps necessary to levy a special tax
assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofTemecula, acting
as the legislative body for Community Facilities District No, 88-12 (Ynez Corridor) as follows:
Section 1.
Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside
Ordinance No. 690, there is to be levied an aggregate special tax of $1 ,449,732,12 on the parcels
which comprise the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by
Canty Engineering Group, Inc. to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount previously
authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously
approved by the qualified electorate of the CFD.
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part,
the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B, Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C, Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No, 98-41 and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any
other purpose,
Section 5. The Auditor-Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 88-12 (Ynez
Corridor)" on the next County assessment roll on which taxes will become due,
Section 6. The County Auditor-Controller shall, at the close of the tax collection period,
promptly render to the CFD a detailed report showing the amounts of the special tax installments,
penalties, interest and fees collected, and from which properties they have been collected, Any
expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be
in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section
29304 of the Government Code.
Section 7. The City Clerk shall certify adoption of the resolution,
PASSED, APPROVED AND ADOPTED this 26'h day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of
the City oft emecula at a regular meeting thereof, held on the 26'h day of July, 2005, by the following
vote of the City Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
Susan W. Jones, CMC
City Clerk
Bonds Outstanding
Delinquency Rate for Fiscal Year 2003-04
Delinquency Rate for Fiscal Year 2004.05
Current FY # of Parcels
March 2006 Interest
September 2006 Interest
September 2006 Principal
Total Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Deficit (Surplus)
Reserve Adjustment '
Total Obligation
$1,531,468.75
$1,531,470.85
$2,10
Fiscal Agent
Tax Consultant
Auditor .Controller
Auditor.Controller ($ X the # of parcels)
Tax Collector (new charge $ X the total levy)
Foreclosure Counsel
Sales Tax Admin
Arbitrage Calculations
City District Administration
Total Administration
$0,16
$0,34
Total Obligation
Total Administration
Prior Year Deficit (Surplus)
City Adjustment
Total Requirement
Maximum Special Tax
Administration % of Levy
Ci 's%ofLe
FY 04.05
Actual
$3,300,00
$6,000.00
$312.00
$80,64
$176.40
$18,430.78
$5,000.00
$0,00
$30,000.00
$63,299.82
$359,501.25
$359,501.25
$810,000,00
$1,529,002.50
.$2.10
$0.00
$1,529,000.40
FY 05.06
1m!Y
$3,300.00
$6,000,00
$35.71
$81.28
$172,72
$0.00
$5,000.00
$0.00
$30,000.00
$44,589.71
$1,529,000.40
$44,589,71
($453,857.99)
$330,000.00
$1,449,732.12
$8,640,177.60
$13,140,000.00
12.42%
0.99%
508
Difference
$0.00
$0,00
($276.29)
$0.64
($3.68)
($18,430.78)
$0,00
$0.00
$0,00
($18,710.11)
FY 2004.05 Levy
Difference
3.08%
2.07%
$1,691,140,86
($241,408.74)
.16,65%
ACCOUNT DESCRIPTION
ACCOUNT
BALANCE
Mav 31. 2005
FUNDS
AVAILABLE
FOR SEPT P & I
Special Fund
Delinquency Maintenance Fund
Cost of Issuance Fund
Improvement Fund
Reserve Fund
Bond Fund
Administrative Account
$0.00
$1,094,436,38
$0.00
$0.00
$1,531,470.85
$1,602,801.74
$571.53
$0.00
$1,602,801,74
Total Funds Available
$4,229,280.50
$1,602,801.74
Proposed Admin Transfer
Collection
Subtotal
Funds Needed for Se t. 2005 P & I
.I'/!I
$0.00
$0,00
$1,602,801.74
$1,148,943.75
Other Sources:
$1,531,470,85
$1,094,436,38
$2,625,907,23
Reserve Fund
Delinquency Maintenance Fund
Total of Other Sources
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
JULY 12, 2005
A regular meeting of the City of Temecula Community Services District was called to order at
7:13 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California,
ROLL CALL
PRESENT:
5
DIRECTORS:
Comerchero, Edwards, Naggar, Roberts,
and Washington
ABSENT:
o
DIRECTORS:
None
Also present were Assistant General Manager O'Grady, Assistant City Attorney Curley, and City Clerk
Jones.
PUBLIC COMMENTS
No comments,
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 28, 2005,
MOTION: Director Naggar moved to approve Consent Calendar Item No, 1. Director
Comerchero seconded the motion and electronic vote reflected unanimous aooroval.
DIRECTOR OF COMMUNITY SERVICES REPORT
Director of Community Services Parker thanked the Community for their participation in the July
4th Festivities, and other summer activities, such as Movies in the Park, and the Summer
Concern Series.
GENERAL MANAGER'S REPORT
Assistant City Manager O'Grady brought greetings from City Manager Nelson, who is celebrating
his 25'h Wedding Anniversary,
BOARD OF DIRECTORS' REPORTS
A. Director Naggar thanked staff for their excellent execution of the July 4th Activities.
B. Echoing Mr. Naggar, Director Comerchero also thanked staff for the 4th of July Activities the
Redhawk Annexation celebration.
R:\Minutes.csd\071205
C, Director Roberts commented on the excellent 4th of July parade.
D. President Washington agreed with the previous comments of the Board of Directors, and
further thanked staff for all their efforts bringing these events to fruition.
ADJOURNMENT
At 7:18 P.M" the Temecula Community Services District meeting was formally adjourned to
Tuesday, July 26, 2005, at 7:00 P,M" City Council Chambers, 43200 Business Park Drive,
Temecula, California, '
Chuck Washington, President
ATTEST:
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
R:\Minutes.csdI071205
2
TCSD
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER-q
FROM:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors J
Herman D, Parker, Director of Community services~
TO:
DATE:
July 26, 2005
SUBJECT:
Departmental Report
PREPARED BY:
Gail L. Zigler, Administrative Assistant Ji1)
Construction of the Patricia H. Birdsall Sports Park (Wolf Creek Sports Complex) is currently
underway. Grading is complete. Currently field lighting is being installed, installation of artificial turf
fields has begun and construction of the building is underway.
A construction contract has been awarded to Edge Development for the construction of the new
Temecula Public Library project. A ground breaking ceremony was held on Thursday, May 12,
2005. Grading is currently underway.
A contract has been awarded for the Vail Ranch Middle School lighting project and installation of the
lighting system is currently underway.
The Community Services Department released an RFQ to landscape architect firms for Redhawk
Park Improvements for the four Redhawk park sites acquired on June 30, 2005 with the annexation
of Redhawk into the City of Temecula. Deadline for submittals is July 26, 2005. The City of
Temecula is currently holding a "Name the Redhawk Parks" campaign which will end July 25,2005.
The recently established Cultural Arts Division is currently conducting summer cultural arts programs
and activities, and will conducted their first evening concert at the Harveston Lake Park. The
Cultural Arts Division is busy planning for the new community theater which is scheduled to open in
late summer, and overseeing the day-to-day operations at the History Museum and the Imagination
Workshop, Temecula Children's Museum.
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 of the TCSD has completed the replacement/installation of light poles
standards supporting the athletic field lighting on the north and south fields of the Ronald Reagan
Sports Park. The original poles were wooden telephone poles which had begun to dry rot and had
termite infestation. The new light standards will also assist in better aiming and positioning of the
R:\ZIGLERGIXDEPTRPT\0705.doc
lighting on the north and south fields, The TCSD Maintenance Division continues to oversee the
maintenance of all City parks and facilities, and assist in all aspects of Citywide special events.
The F.I.T. (Fitness In Temecula) continues at four (4) park sites within the City. These sites include
Ronald Reagan Sports Park, Harveston Community Park, Temeku Hills Park and Pala Community
Park, The program has approximately 390 registered participants. This program concludes on
August 19, 2005.
The 4th of July Parade and Fireworks Spectacular was held on July 4, 2005, Approximatley 65
entries participated in the parade with approximately 8,000 spectators. Following the parade, the
annual4'h of July Extravaganza and Fireworks show was held at the Ronald Reagan Sports Park
with approximately 14,000 in attendance.
The Recreation Division staff is currently conducting several summer programs and activities
including the annual Summer Sunsets Film and Concert Series, the annual Summer Day Camp, the
annual SMART and SMART Art Cart program, along with a busy aquatics program, family fun
nights, excursions, etc.
R:\ZIGLERGIXDEPTRPTl0705.doc
REDEVELOPMENT
AGENCY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
JULY 12, 2005
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:18
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California,
ROLL CALL
PRESENT: 5
AGENCY MEMBERS
Comerchero, Edwards, Naggar,
Washington, and Roberts
ABSENT: 0
AGENCY MEMBERS:
None
Also present were Assistant Executive Director O'Grady, Assistant City Attorney Curley, and
City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 28, 2005.
2 Revision of the Residential Improvement Proaram
RECOMMENDATION:
2.1 Approve the revised program parameters for the Residential Improvement
Program,
MOTION: Agency Member Naggar moved to approve Consent Calendar items Nos. 1-2,
Agency Member Edwards seconded the motion and electronic vote reflected unanimous
approval.
EXECUTIVE DIRECTOR'S REPORT
No comments,
AGENCY MEMBERS' REPORTS
No additional comments.
,
R:\Minutes.rdaI071205
ADJOURNMENT
At 7:19 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, July 26, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula,
California.
Ron Roberts, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes.rdaI071205
2
ITEM 2
APPROVAL
CITY ATTORNEY
DIRECTOR OF FI~
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
Executive Director/Agency Members Q n RM
John Meyer, Redevelopment Director <:JYV - \
DATE:
July 26, 2005
SUBJECT:
Status Update on the Temecula Education Center
RECOMMENDATION: Receive and File
BACKGROUND: On March 16, 2004, the Agency entered into a Disposition and
Development Agreement (DDA) with the AGK Group, LLC to develop the Temecula Education
Complex, On December 7, 2004, the Agency Board approved the Second Amendment to the
DDA increasing the financial contribution and extending the schedule of performance by six
months.
DISCUSSION:
At its June 28, 2005 meeting the City Council approved the Development Plan, Plan
Development Overlay, Development Agreement and Tentative Parcel Map for the Temecula
Education Center. In addition to the above mentioned entitlements, the Council also adopted a
Third Amendment to the DDA. This included the License Agreement for the remediation work,
which will allow the AGK Group to begin the mass grading and soil remediation prior to taking
ownership of the property,
Staff and the design team are continuing to meet on a bi-weekly basis, The design team has
moved into the construction drawing phase, The first set of plan check comments on the mass
grading plan have been prepared and returned to the applicant. The next significant milestone
is January of 2006, when the AGK Group will close on Phase I of the property,
CONCLUSION: Staff believes the developer remains committed to moving the project
forward as quickly as possible. He has spent considerable resources on project design and
special studies.
R:\Educatior1corrpIex\Council Upc\al8 July 26. 2005.doc
RDA
DEPARTMENTAL
REPORT
APPROVAL
CITY ATTORNEY
FINANCE DIRECTO~
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Redevelopment Agency Members
FROM: John Meyer, Redevelopment Director
DATE: July 26,2005
SUBJECT: Monthly Departmental Report
Attached for your information is the monthly report as of July 26, 2005 for the Redevelopment
Department. '
First Time Homebuvers Proaram
Funding in the amount of $100,000 is available for FY 05 -06.
ResidentiallmDrovement Programs
The program budget for FY 04-05 is $250,000, with $209,034 funded on 57 units. The program
budget for FY 05-06 is $250,000 and the amount available to each participant increased from
$5,000 to $7500.
Habitat for Humanity
Council entered into a Disposition and Development Agreement (DDA) with Habitat for
Humanity to develop a home-ownership project within the Pujol Neighborhood, The project
located on the northwest corner of Pujol and First Streets, will consist of 5 new single-family
detached homes. The houses are arranged along Pujol Street and a private lane, Habitat has
resubmitted final grading plans, street improvements and final map to Public Works for review.
Old Town Community Theater
Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February
10, 2004 City Council meeting in the amount of $7,168,000, Construction has begun and
should be completed in the fall of 2005.
R:\SYERSK\MONTHLL Y\july05.doc
1
CamDUS Proiect
The Redevelopment Agency entered into a Disposition and Development Agreement with AGK
Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The
facility will consist of mixed-income apartments, retail facilities, parking and participating college
universities. On May 4, the Planning Commission recommended approval of the project's
entitlements. The City Council approved these entitlements at the June 28 Council meeting,
The Council also adopted a Third Amendment to the DDA, This included the License
Agreement for the remediation work, which will allow the AGK Group to begin the mass grading
and soil remediation prior to taking ownership of the property, The project should be completed
in Fall of 2006.
Facade ImDrovementINon-Conformina Si!:m Proaram
The following facade improvement/sign projects are in process or have recently been
completed:
· Belinda McCauley Photography
Sign Program
· Tungle Toy
Sign Program
· Texas Lil's
Fayade Improvement Program
· Old Town Coffee House
Fayade Improvement Program
Old Town PromotionslMarketina
Hot Summer Fridav NiahtslMain Street Saturday Nights
"Hot Summer Friday Nights" kicked off it's annual series of events in Old Town July 8. The
Friday nights featured entertainment adventures with live bands, games and prizes for the
children, a rock wall, Dynamite Dave and free family fun under the stars. Each Friday featured
a new theme, varying form Blues, Rocking Cajun, Steel Drum, Jazz and Power Rock from 6:30
to 11 p.m. Froggy Jump and a mini-midway with games for the kids were also part of the family
fun. Friday Hot Summer Nights were held every Friday through August 26,
On Saturday, July 16, a new concert series was introduced to Old Town, "Main Street Saturday
Nights in Old Town Temecula," Live on stage, Saturday, July 16 at the Main Street Bridge, was
the country performance of the Drew Davis Band, Brian Lynn Jones & the Misfit Cowboys, and
Dave Stamey. Other concerts will include Bluegrass Saturday, featuring the Witcher Bros. and
Silverado Bluegrass on August 20, and Blues Saturday featuring BB Chung King and the
Buddhaheads, and Aunt Kizzy'z Boyz on September 17, Individuals dining in participating
restaurants in Old Town Friday or Saturday during these concert weekends will receive
preferred seating with their Old Town arm band,
R:\sYERSKIMONTHLL V'juJy05.doc
2
I
TEMECULA PUBLIC
FINANCING AUTHORITY
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
APRIL 12, 2005
A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:07
P,M" in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
5
AUTHORITY MEMBERS: Edwards, Naggar, Roberts, Washington,
and Comerchero
ABSENT:
o
AUTHORITY 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 January 25, 2005.
MOTION: Authority Member Naggar moved to approve Consent Calendar Item No, 1. The
motion was seconded by Authority Member Edwards and electronic vote reflected unanimous
approval.
CONVENE A JOINT MEETING OF THE CITY COUNCIL AND TEMECULA PUBLIC FINANCING
AUTHORITY
2 Initial Actions Related to Issuance of Additional Bonds for Community Facilities District
No, 03-1 (Crowne Hill)
RECOMMENDATION:
2,1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 05-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING DEPOSIT/REIMBURSEMENT
AGREEMENT-CROWNE HILL
R:IMinutes. tpfal041205
2,2 That the Temecula Public Financing Authority adopt a resolution entitled:
RESOLUTION NO. TPFA 05-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO
THE ISSUANCE OF ADDITIONAL BONDS FOR THE CROWNE
HILL COMMUNITY FACILITIES DISTRICT NO. 03-1, AND
AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT
THERETO
Finance Director Roberts presented the staff report (of record,)
MOTION: Authority Member Naggar moved to approve Item No. 2.1 and 2,2, The motion was
seconded by Authority Member Edwards and electronic vote reflected unanimous approval.
EXECUTIVE DIRECTOR'S REPORT
None given,
BOARD MEMBERS' REPORTS
None given,
ADJOURNMENT
At 8:09 P,M" the Temecula Public Financing Authority Meeting was formally adjourned.
Jeff Comerchero, Chairman
ATTEST:
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes.tpfa\041205
2
ITEM 2
APPROVAL ,-L')
C'TY ATI'ORNEY -vJ'j
DIR. OF FINANCE
CITY MANAGER
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Executive Director/Authority Members
FROM: Genie Roberts, Director of Finance
DATE: July 26, 2005
SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf
Creek)
PREPARED BY: Polly von Richter, Senior Debt Analyst ~
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-3 (WOLF CREEK)
BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created
pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula
Redevelopment Agency. On July 22,2003 the Authority adopted a resolution of intention relative to
a proposed community facilities district (the "District). The resolution of intention called for public
hearings on the formation of the District, the levy of special taxes therein and the issuance of
bonded indebtedness for the District. On October 28, 2003, resolutions were adopted forming the
District and declaring the necessity to incur bond indebtedness,
On November 18, 2003, the Authority Board of Directors approved a resolution authorizing the
issuance of special tax bonds, On December 18, 2003 special tax bonds in the amount of
$30,990,000 were issued. Proceeds of the bonds in the amount of $4,409,530 were used to
discharge the assessment liens on property in the District for the County's Assessment District No.
159. Additional proceeds are being used to finance various public improvements specified in the
CFD proceedings, The bonds are special, limited obligations of the Authority secured solely by the
special taxes levied in the District. The special tax levy, as calculated by the City's Special Tax
Consultant, required for the 2005-06 fiscal year is $2,212,968,00,
FISCAL IMPACT:
$2,212,968,00.
ATTACHMENTS:
.Special Tax Calculation Worksheet
-Resolution No. TPFA 05-
The calculated special tax levy required for the 2005-06 fiscal year is
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-3 (WOLF CREEK)
WHEREAS, the Temecula Public Financing Authority is the legislative body for Community
Facilities District No, 03-3 (Wolf Creek) (the "CFD"), created pursuant to the Mello-Roos Community
Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance
with Government Code Section 53340 authorizing the levy of a special tax assessrnent on the
property located within the CFD; and
WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax
assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public
Financing Authority, acting as the legislative body for Community Facilities District No. 03-3 (Wolf
Creek) as follows:
Section 1.
Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. TPFA 03-22 and Ordinance No.
TPFA 03-02, there is to be levied an aggregate special tax of $2,212,968.00 on the taxable parcels
located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty
Engineering Group, Inc. to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of
that previously approved by the qualified electorate of the CFD.
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part,
the costs of the following items:
A, Payrnent of principal and interest on the outstanding authorized bonded
indebtedness,
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 03-22 and the indenture of trust for the
CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any
other purpose.
Section 5. The Auditor-Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf
Creek)" on the next County assessment roll on which taxes will becorne due,
Section 6. The County Auditor-Controller shall, at the close of the tax collection period,
promptly render to the CFD a detailed report showing the amounts of the special tax installments,
penalties, interest and fees collected, and from which properties they have been collected, Any
expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be
in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section
29304 of the Government Code.
Section 7. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W, Jones, CMC
City Clerk! Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of
Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th
day of July, 2005 by the following vote of the Board of Directors:
AYES:
DIRECTORS:
NOES:
ABSENT:
DIRECTORS:
DIRECTORS:
Susan W. Jones, CMC
City Clerk!Authority Secretary
Bonds Outstanding
Delinquency Rate for Fiscal Year 2003-04
Delinquency Rate for Fiscal Year 2004-05
Current # of parcels
March 2006 Interest
September 2006 Interest
September 2006 Principal
Total Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Surplus/(Deficit)
Reserve Adjustment
Total Obligation
$2,171,120.00
$2,171,126.49
$6.49
$0.00
Fiscal Agent
Tax Consultant
Auditor .Controller
Auditor.Controller ($ X the # of parcels)
Tax Collector (new charge $ X the total levy)
Foreclosure Counsel
Arbitrage Rebate Calculation
City District Administration
Total Administration
$0.16
$0.34
FY 04-05
Actual
$7,307.83
$10,000.00
$40,00
$0.64
$1.40
$0.00
$0.00
$30,000,00
$47,349.87
$30,490,000.00
N/A
0.00%
558
$828,717.50
$828,717.50
$510,000.00
$2,167,435.00
.$6.49
$0.00
$2,167,428.51
FY 05-06
!&l
$6,100.00
$10,000.00
$35,71
$89.28
$189.72
$0.00
$0.00
$30,000.00
$46,414.71
Difference
($1,207,83)
$0.00
($4,29)
$88.64
$188.32
$0.00
$0,00
$0,00
($935.16)
$2,167,428.51
$46,414.71
($875.22)
$2,212,968,00
$4,002,416,78
2.10%
1,36%
$2,212,968.00
$0.00
IJ~I
$2,120,089.40
$92,878,60
4.20%
ACCOUNT FUNDS
BALANCE AVAILABLE
ACCOUNT DESCRIPTION Mav 31 , 2005 FOR SEPT P & I
Special Tax Fund $1,244,288.32 $1,244,288.32
City Improvement Fund $7,313,689,99
Prepayment Account $0,00
Cap Interest Fund $6,997.68 $6,997.68
EMWD Improvement Fund $3,700,448,29
Acquisition Account $10,112,167.39
Cost of Issuance $0,00
Reserve Fund $2,171,126.49
Bond Fund $43,806.72 $43,806.72
Interest Account $0,00
Principal Account $0,00
Administrative Account $89,619,91 $40,000.00
Earnings Fund $0.00 $0.00
Rebate Fund $0,00
Subtotal $24,682,144.79 $1,335,092.72
Proposed Admin Transfer $0.00
Collection $0.00
Subtotal $1,335,092.72
Funds Needed for Sept. 2005 P & I $1,334,217.50
~":l~~'ft:ijJ'L _===-- ~_. _ .-- .~_=-.~_ _" - ____ 0::;rfb?W::
Other Soures:
Reserve Fund
Total of Other Sources
$2,171,126.49
$2,171,126.49
ITEM 3
APPROVAL 'eiJ
CITY ATTORNEY~.~;?,
DIR, OF FINANCE
CITY MANAGER
TEMECUlA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Executive Director/Authority Members
FROM: Genie Roberts, Director of Finance
DATE: July 26, 2005
SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-6
(Harveston II)
PREPARED BY: Polly von Richter, Senior Debt Analyst ~
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE lEVY OF A SPECIAL TAX IN COMMUNITY FACiliTIES
DISTRICT NO. 03-6 (HARVESTON II)
BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created
pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula
Redevelopment Agency. On October 22, 2003 the Authority adopted two resolutions of intention
relative to a proposed community facilities district (the "District"). The resolutions of intention called
for public hearings on the formation of the District, the levy of special taxes therein and the issuance
of bonded indebtedness for the District. On November 25, 2003, resolutions were adopted forming
the District and declaring the necessity to incur bonded indebtedness,
On August 10,2004 the Authority Board of Directors approved a resolution authorizing the issuance
of special tax bonds, On August 26, 2004 special tax bonds in the amount of $4,845,000 were
issued. The proceeds of the bonds will be used to finance various public improvements specified in
the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by
the special taxes levied in the District The special tax levy, as calculated by the City's Special Tax
Consultant, required for the 2005-06 fiscal year is $355,574.95,
FISCAL IMPACT:
$355,574,95.
The calculated special tax levy required for the 2005-06 fiscal year is
Attachments:
-Special Tax Calculation Worksheet
-Resolution No. TPFA 05-
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECUlA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE lEVY OF A SPECIAL TAX IN COMMUNITY FACiliTIES
DISTRICT NO. 03-6 (HARVESTON II)
WHEREAS, the Temecula Public Financing Authority is the legislative body for Community
Facilities District No. 03-6 (Harveston II)(the "CFD"), created pursuant to the Mello-Roos Community
Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, the Board of Directors has enacted Ordinance No, TPFA 03-03 in accordance
with Government Code Section 53340 authorizing the levy of a special tax assessment on the
property located within the CFD; and
WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax
assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public
Financing Authority, acting as the legislative body for Community Facilities District No, 03-6
(Harveston II) as follows:
Section 1.
Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. TPFA 03-27 and Ordinance No.
TPFA 03-03, there is to be levied an aggregate special tax of $355,574.95 on the taxable parcels
located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty
Engineering Group, Inc. to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount previously
authorized by Resolution No, TPFA 03-27 and Ordinance No, TPFA 03-03, and is not in excess of
that previously approved by the qualified electorate of the CFD,
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part,
the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C, Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 03-27 and the indenture of trust for the
CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any
other purpose.
Section 5. The Auditor-Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No, 03-6
(Harveston II)" on the next County assessment roll on which taxes will become due,
Section 6. The County Auditor-Controller shall, at the close of the tax collection period,
promptly render to the CFD a detailed report showing the amounts of the special tax installments,
penalties, interest and fees collected, and from which properties they have been collected, Any
expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be
in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section
29304 of the Government Code.
Section 7. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED this 26'h day of July, 2005,
Jeff Comerchero, Chairperson
ATTEST:
Susan W, Jones, CMC
City Clerk/Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of
Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th
day of July, 2005 by the following vote of the Board of Directors:
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSENT:
DIRECTORS:
Susan W. Jones, CMC
City Clerk/Authority Secretary
Bonds Outstanding
Delinquency Rate for Fiscal Year 2003-04
Delinquency Rate for Fiscal Year 2004-05
Current # of parcels
$4.845,000.00
N/A
0.00%
676
March 2006 Interest
September 2006 Interest
September 2006 Principal
Total Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Surplus/(Deficit)
Reserve Adjustment
Total Obligation
$125.288.75
$125.288.75
$85.000.00
$335.577.50
$337.875.00
$341 ,225.45
$3.350.45
-$3.350.45
$0.00
$332,227.05
Fiscal Agent
Tax Consultant
Auditor -Controller
Auditor-Controller ($ X the # of parcels)
Tax Collector (new charge $ X the total levy)
Foreclosure Counsel
Arbitrage Rebate Calculation
City District Administration
Total Administration
$0.16
$0.34
FY 05-06
~
$4.500.00
$5.500.00
$35.71
$108.16
$229.84
$0.00
$0.00
$15.000.00
$25,373.71
$332,227.05
$25,373.71
($2,025.81 )
$355,574.95
$436,851.00
7.14%
4.22%
100.00%
ACCOUNT DESCRIPTION
ACCOUNT
BALANCE
Mav 31. 2005
FUNDS
AVAILABLE
FOR SEPT P & I
Special Tax Fund
Improvement Fund
Prepayment Account
Cap Interest Fund
EMWD Imprv Fund
Acquisition Account
Cost of Issuance
Reserve Fund
Bond Fund
Interest Account
Principal Account
Administrative Account
Earnings Fund
Rebate Fund
$0.00
$3.863.390.85
$0.00
$127,314.56
$0.00
$0.00
$0.00
$341.225.45
$0.00
$0.00
$0.00
$10.585.35
$0.00
$0.00
$0.00
$127,314.56
$0.00
$0.00
Subtotal
$4,342,516.21
$127,314.56
Proposed Admin Transfer $0.00
Collection $0.00
Subtotal $127,314.56
Funds Needed for Sept. 2005 P & I $125,288.75
~~
Other Soures:
Reserve Fund $341.225.45
Total of Other Sources $341.225.45
ITEM 4
APPROVAL j. ~
CITY ATTORNEY Y-V.
DIR. OF FINANCE
CITY MANAGER
TEMECUlA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Executive Director/Authority Members
FROM: Genie Roberts, Director of Finance
DATE: July 26, 2005
SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne
Hill)
PREPARED BY: Polly von Richter, Senior Debt Analyst ~
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECUlA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE lEVY OF A SPECIAL TAX IN COMMUNITY FACiliTIES
DISTRICT NO. 03-1 (CROWNE Hill)
BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created
pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula
Redevelopment Agency. On January 28, 2003 the Authority adopted two resolutions of intention
relative to a proposed community facilities district (the "District"). The resolutions of intention called
for public hearings on the formation of the District, the levy of special taxes therein and the issuance
of bonded indebtedness for the District. On March 25, 2003, resolutions were adopted forming the
District and declaring the necessity to incur bonded indebtedness.
On June 24, 2003 the Authority Board of Directors approved a resolution authorizing the issuance of
special tax bonds in an amount up to $25,000,000. On July 24, 2003 special tax bonds in the
amount of $12,155,000 were issued. The proceeds of the bonds were used to eliminate a County
special assessment lien on the land in the CFD and to finance various public improvements
specified in the CFD proceedings. The bonds are special, limited obligations of the Authority
secured solely by the special taxes levied in the District. On July 26, 2005, the City Council and
Authority Board of Directors will consider a resolution authorizing issuance of additional special tax
bonds in the amount of $6,000,000 for improvements not funded in the original issue. Pending
Council approval of this issue, the maximum special tax levy, as calculated by the City's Special Tax
Consultant, required for the 2005-06 fiscal year is $1,137,837.44, which includes both the original
issue and projected amounts for the second issue.
FISCAL IMPACT:
is $1,137,837.44.
The calculated maximum special tax levy required for the 2005-06 fiscal year
ATTACHMENTS:
-Special Tax Calculation Worksheet
-Resolution No. TPFA 05-
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
WHEREAS, the Temecula Public Financing Authority is the legislative body for Community
Facilities District No. 03-1 (Crowne Hill) (the "CFD"), created pursuantto the Mello-Roos Community
Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance
with Government Code Section 53340 authorizing the levy of a special tax assessment on the
property located within the CFD; and
WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax
assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public
Financing Authority, acting as the legislative body for Community Facilities District No. 03-1 (Crowne
Hill) as follows:
Section 1.
Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No.
TPFA 03-01, there is to be levied an aggregate special tax of $1 ,137,837.44 on the taxable parcels
located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty
Engineering Group, Inc. to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of
that previously approved by the qualified electorate of the CFD.
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part,
the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD
and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any
other purpose.
Section 5. The Auditor-Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne
Hill)" on the next County assessment roll on which taxes will become due.
Section 6. The County Auditor-Controller shall, at the close of the tax collection period,
promptly render to the CFD a detailed report showing the amounts of the special tax installments,
penalties, interest and fees collected, and from which properties they have been collected. Any
expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be
in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section
29304 of the Government Code.
Section 7. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk! Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of
Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th
day of July, 2005, by the following vote of the Board of Directors:
AYES:
DIRECTORS:
NOES:
DIRECTORS:
DIRECTORS:
ABSENT:
Susan W. Jones, CMC
City Clerk! Authority Secretary
Delinquency Rate for Fiscal Year 2003-04
Delinquency Rate for Fiscal Year 2004-05
Current # of parcels
3.00%
2.58%
776
Total Obligation
Total Administration
Prior Year Deficit (Surplus)
Total Requirement
Maximum Authorized Tax
Administration % of Levy
District % of Levy
Total Calculated Levy'
Ad'ustment Per District
Series 2003 Series 2005' Total
$11,805,000.00 3,935,000 $15,740,000.00
$328,805.63 $114,028.33 $442,833.96
$328,805.63 $114,028.33 $442,833.96
$205,000.00 $15,000.00 $220,000.00
$862,611.26 $243,056.65 $1,105,667.91
$863,900.00 $245,318.76 $1,109,218.76
$863,904.18 $245,318.76 $1,109,222.94
($4.18) $0.00 ($4.18)
$862,607.08 $243,056.65 $1 ,105,663.73
FY 04-05 FY 05-06
Actual ~ Difference
$6,743.31 $5,250.00 ($1,493.31 )
$8,500.00 $8,500.00 $0.00
$40.00 $35.71 ($4.29)
$0.16 $106.56 $124.16 $17.60
$0.34 $233.10 $263.84 $30.74
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$18,000.00 $18,000.00 $0.00
$33,622.97 $32,173.71 ($1,449.26)
$1,105,663.73
$32,173.71
$0.00
$1,137,837.44
$1,485,059.00
2.83%
1.58%
Bonds Outstanding
March 2006 Interest
September 2006 Interest
September 2006 Principal
Total Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Surplus/(Deficit)
Total Obligation
Fiscal Agent
Tax Consultant
Auditor -Controller
Auditor-Controller ($ X the # of parcels)
Tax Collector (new charge $ X the total levy)
Foreclosure Counsel
Arbitrage Rebate Calculation
City District Administration
Total Administration
FY 2004-05 Levy
Difference (due to Series B issue)
$911,826.20
$226,011.24
19.86%
. Issuance of Series B bonds is expected In August, 2005. The amounts projected here are maximum amounts.
These amounts are subject to change pending bond sale.
ACCOUNT DESCRIPTION
Series 2003
ACCOUNT
BALANCE
Mav 31. 2005
FUNDS
AVAILABLE
FOR SEPT P & I
Special Tax Fund
City Improvement Fund
Cap Interest Fund
Acquisition Account
Bond Fund
Reserve Fund
Cal Trans Improvement Fund
Interest Account
Principal Account
Administrative Account
Earnings Fund
Rebate Fund
$495,733.81
$968,404.62
$31.83
$1,295,916.61
$20,707.55
$863,904.18
$517,697.03
$0.00
$0.00
$75,587.76
$0.00
$0.00
$495,733.81
$31.83
$20,707.55
$0.00
$0.00
$15,332.44
$0.00
Subtotal
$4,237,983.39
$531,805.63
Proposed Admin Transfer
Collection
Subtotal
Funds Needed for Sept. P & I
Pro'ected Admin Transfer
e
Other Soures:
Reserve Fund
Total of Other Sources
$0.00
$531,805.63
$531,805.63
$863,904.18
$863,904.18
ITEM 5
APPROVAL u.l.on-;]
CITY ATTORNEY -u;r (Ji!jl./
DIR. OF FINANCE~
CITY MANAGER
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Executive Director/Authority Members
FROM: Genie Roberts, Director of Finance
DATE: July 26,2005
SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 01-2
(Harveston)
PREPARED BY: Polly von Richter, Senior Debt Analyst ~
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 01-2 (HARVESTON)
BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created
pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula
Redevelopment Agency to assist in the refinancing of the Winchester Hills CFD 98-1. The
Winchester Hills 98-1 CFD was originally established to refinance delinquent assessments and to
prepay and discharge all future assessment liens on properties within the District levied by the
County of Riverside acting through its Assessment District 161 and Assessment District 156. On
December 11, 2001 the Authority adopted two resolutions of intention relative to a proposed
community facilities district (the "District"). The resolutions of intention called for public hearings on
the formation of the District, the levy of special taxes therein and the issuance of bonded
indebtedness for the District. On March 26, 2002, resolutions were adopted forming the District and
declaring the necessity to incur bonded indebtedness.
On August 13, 2002 the Authority Board of Directors approved a resolution authorizing the issuance
of special tax bonds. On August 28,2002 special tax bonds in the amount of $17,310,000 were
issued. The proceeds of the bonds were applied to the pay the redemption price of $11,025,000 of
the 1998 Winchester Hills bonds and to establish an escrow fund for the payment of $560,000 of the
1998 bonds on their sinking fund payment dates or maturity date. The bonds are special, limited
obligations of the Authority secured solely by the special taxes levied in the District and a letter of
credit provided by the developer. The special tax levy, as calculated by the City's Special Tax
Consultant, required for the 2005-06 fiscal year is $916,582.00 which is the sum of CFD 01-2 A & B
(as noted in exhibits).
FISCAL IMPACT:
$916,582.00.
The calculated special tax levy required for the 2005-06 fiscal year is
ATTACHMENTS:
-Special Tax Calculation Worksheet
-Resolution No. TPFA 05-
RESOLUTION NO. TPFA 05-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 01-2 (HARVESTON)
WHEREAS, the Temecula Public Financing Authority is the legislative body for Community
Facilities District No. 01-2 (Harveston)(the "CFD"), created pursuant to the Mello-Roos Community
Facilities District Act of 1982, as amended (the "Act"); and
WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance
with Government Code Section 53340 authorizing the levy of a special tax assessment on the
property located within the CFD; and
WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax
assessment in accordance with the procedures set forth in the Act;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public
Financing Authority, acting as the legislative body for Community Facilities District No. 01.2
(Harveston) as follows:
Section 1.
Each of the above recitals is true and correct.
Section 2. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance No.
TPFA 02-01, there is to be levied an aggregate special tax of $916,582.00 on the taxable parcels
located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty
Engineering Group, Inc. to the Auditor-Controller of the County.
Section 3. The special tax levy set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of
that previously approved by the qualified electorate of the CFD.
Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part,
the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 02-03 and the indenture of trust for the
CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any
other purpose.
Section 5. The Auditor.Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2
(Harveston)" on the next County assessment roll on which taxes will become due.
Section 6. The County Auditor-Controller shall, at the close of the tax collection period,
promptly render to the CFD a detailed report showing the amounts of the special tax installments,
penalties, interest and fees collected, and from which properties they have been collected. Any
expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be
in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section
29304 of the Government Code.
Section 7. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk! Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of
Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th
day of July, 2005 by the following vote of the Board of Directors:
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSENT:
DIRECTORS:
Susan W. Jones, CMC
City Clerk!Authority Secretary
Bonds Outstanding
Delinquency Rate for Fiscal Year 2003-04
Delinquency Rate for Fiscal Year 2004-05
Projected buildout # of parcels
Avg. Interest 1.74%
2006 Interest
2006 Principal
Total 2005/2006 Debt Service
Reserve Fund Requirement
Current Reserve Fund Balance
Surplus/(Deficit)
Reserve Adjustment
Total 2005/2006 Obligation
$0.00
$0.00
Fiscal Agent
Tax Consultant
Auditor -Controller
Auditor-Controller ($ X the # of parcels)
Tax Collector (new charge $ X the total levy)
Standard & Poors
Arbitrage Rebate Calculation
Remarketing Fee
Foreclosure Counsel
Letter of Credit Fee
City District Administration
Total Administration
FY 04-05
Actual
$9,085.00
$10,000.00
$80.00
$104.16
$227.85
$3,500.00
$500.00
$15,582.62
$0.00
$216,375.00
$25,000.00
$280,454.63
$0.16
$0.34
0.09%
1.250%
Total 200512006 Obligation
Total Administration
Total Requirement
Maximum Special Tax
Developed Assigned Special Tax
$17,310,000.00
0.12%
3.23%
1,004
$301,383.06
$0.00
$301 ,383.06
$0.00
$0.00
$301,383.06
FY 05-06
Levv
$6,760.00
$10,000.00
$71.42
$160.64
$341.36
$3,500.00
$0.00
$15,579.00
$0.00
$216,375.00
$25,000.00
$2n,787.42
$301,383.06
$2n,787.42
$579,170.48
$2,009,760.74
$71 0,306.00
Administration % of Levy
District % of Levy
Total Calculated Levy $710,306.00
A~ $0.00
~ ~~~~l
FY 2004-05 Levy $453,451.88
Difference $256,854.12
Difference
($2,325.00)
$0.00
($8.58)
$56.48
$113.51
$0.00
($500.00)
($3.62)
$0.00
$0.00
$0.00
($2,667.21)
39.11%
3.52%
36.16%
ACCOUNT DESCRIPTION
ACCOUNT
BALANCE
Mav 31. 2005
FUNDS
AVAILABLE
FOR SEPT P & I
Special Fund
Improvement Fund
Prepayment Account
Cap Interest Fund
Redemption Fund
Cost of Issuance
Interest Differential Account
Interest Account
Principal Account
Administrative Account
Earnings Fund
Rebate Fund
Req: $129,825
$1,288,711.17
$2,826,361.06
$0.00
$0.00
$7,632.35
$0.00
$132,828.50
$0.00
$0.00
$529,553.81
$0.00
$0.00
$1,288,711.17
$0.00
$3,003.50
$0.00
$0.00
$0.00
Subtotal
$4,785,086.89
$1,291,714.67
Total Funds Available
Collection
Subtotal
Funds Needed for P & I
Pro'ected Admin Transfer
$1,291,714.67
$0.00
$1,291,714.67
$0.00
$0.00
Other Soures:
Reserve Fund
Total of Other Sources
$132,828.50
$132,828.50
, Pursuant to the Rate and Method of Apportionment, the Authority must levy a maximum tax
regardless of existing surpluses. At such time these bonds are converted from variable to fixed
rate, the surplus Special Tax Funds will be used to reduce the debt.
Service provided
City Administration
FY 04-05 FY 05-06
Actual ~ Difference
$196,776.00 $196,776.00 $0.00
$9,500.00 $9,500.00 $0.00
$206,276.00 $206,276.00 $0.00
Total Administration
Prior Year Annual Amount
Authorized annual increase
Maximum Special Tax Balter 10 years
$206,276.00
1.00%
$227,857.03
~ -_~ ~_h_ :_uc -=====-=- -==_-==-~
FY 2004-05 Levy
$206,276.00
Difference
$0.00
ITEM 6
APPRQ\f.
CITY ATTORNEY
DIR.OF FINANCE
CITY MANAGER
CITY COUNCIL!
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: City Council/Temecula Public Financing Authority
FROM: City Manager/Executive Director Shawn Nelson
DATE: July 26,2005
SUBJECT: Approval of Issuance of Parity Bonds for Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill)
RECOMMENDATION:
1 . That the City Council hold a public hearing regarding the proposed issuance of an
additional series of bonds by the Temecula Public Financing Authority for its Community
Facilities District No. 03-1 (Crowne Hill), and adopt the resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA
PUBLIC FINANCING AUTHORITY FOR COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
2. That the Board of Directors of the Temecula Public Financing Authority adopt a
resolution entitled:
RESOLUTION NO. TPFA 05-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE
ISSUANCE OF SERIES 2005-B SPECIAL TAX BONDS FOR
COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL),
AND APPROVING RELATED DOCUMENTS AND ACTIONS
BACKGROUND: On March 25, 2003, the Board of Directors of the Authority formed the
Temecula Public Financing Authority for its Community Facilities District No. 03-1 (Crowne Hill)
(the "CFD"), and authorized the issuance of up to $25,000,000 of special tax bonds for the CFD
to finance various public improvements. On August 7,2003, the Authority issued $12,155,000
principal amount of Series 2003-A Bonds for the CFD, and the Authority retained the jurisdiction
to issue additional bonds up to the maximum bonded indebtedness authorized for the CFD.
At the time of the issuance of the Series 2003-A Bonds, the Authority entered into a Fiscal
Agent Agreement providing the terms of the Series 2003-A Bonds and an Acquisition-
Agreement with Lennar Homes of California ("Lennar") pursuant to which the Authority agreed
to acquire certain public improvements being constructed by Lennar with proceeds of the Series
2003-A Bonds.
The Fiscal Agent Agreement and the Acquisition Agreement each contemplated that the
Authority would issue an additional series of bonds to provide additional financing for the public
improvements to be constructed by Lennar as set forth in the Acquisition Agreement. Lennar
has now requested that the Authority authorize the issuance of an additional series of bonds in
an amount not to exceed $6,000,000 for improvements that were not funded in the original
series. In that regard, various documents have been prepared relative to the issuance of the
additional bonds by the Authority for the CFD, including (i) a First Supplemental Fiscal Agent
Agreement which provides the terms of the bonds to be issued; (ii) a Preliminary Official
Statement which describes the bond program, to be used to assist in the offering of the bonds
to potential investors; (iii) a Bond Purchase Agreement, whereby the bonds will be sold by the
Authority to Stone & Youngberg LLC (the "Underwriter") for sale by the Underwriter to the
public; (iv) a Continuing Disclosure Agreement pursuant to which the Authority will agree to
provide certain information regarding the bond program to bond investors and certain
nationally-recognized information repositories; and (v) a Supplement No. 1 to Acquisition
Agreement, which revises the original Acquisition Agreement with Lennar to reflect the actual
costs of the various facilities being constructed. City Staff and consultants have reviewed these
documents and they are now in form ready for approval by the Board of Directors so that the
sale and issuance of the additional bonds for the CFD can occur.
If the Board of Directors adopts the Resolution authorizing the issuance of the bonds, it is
expected that the bonds will be issued on or after August 18, 2005.
Under the California Government Code, the issuance of bonds by the Authority for the CFD
must be approved by the City Council following a public hearing conducted by the City Council.
A notice of public hearing has been published, and the City Council is requested to hold the
public hearing at which members of the public may provide testimony on the bond issue and the
public improvements to be financed. Following the public hearing, the City Council is requested
to adopt a resolution approving the issuance of the additional bonds by the Authority for the
CFD.
SPECIFIC ACTIONS: That the City Council hold a public hearing on the issuance of bonds by
the Authority for the CFD, and adopt a resolution approving the bond issue. That the Authority
adopt the resolution authorizing the issuance of the bonds and approving the documents
related thereto.
FISCAL IMPACT: This Series B bond issue of $6,000,000 combined with the original issue of
$12,155,000 does not exceed the maximum special tax bond issuance of $25,000,000.
-2-
The bonds will not be obligations of the City of Temecula, or general obligations of the Authority
or the CFD, but will be limited obligations of the Authority for the CFD secured solely by the
special taxes levied in the CFD and amounts held in certain funds and accounts established
under the Fiscal Agent Agreement, as supplemented by the First Supplemental Fiscal Agent
Agreement. All costs of issuance of the bonds will be paid from the proceeds of the bonds. All
administrative costs of the CFD and the bonds will be paid from proceeds of the special taxes
levied in the CFD.
The CFD is authorized to levy special taxes to repay its indebtedness, and to pay the annual
costs of administration of the CFD. The CFD is only authorized to levy the special taxes on
land included within the boundaries of the CFD.
Attachments:
Resolutions (2)
First Supplemental Fiscal Agent Agreement
Preliminary Official Statement
Bond Purchase Agreement
Continuing Disclosure Agreement
Supplement No.1 to Acquisition Agreement
-3-
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MAKING FINDINGS WITH RESPECT TO AND
APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA
PUBLIC FINANCING AUTHORITY FOR COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City
of Temecula have heretofore entered into a Joint Exercise of Powers Agreement establishing
the Temecula Public Financing Authority (the "Authority") for the purpose, among others, of
issuing its bonds to finance public capital improvements; and
WHEREAS, on March 25, 2003 the Board of Directors of the Authority adopted
Resolution No. TPFA 03-05 forming the Temecula Public Financing Authority Community
Facilities District No. 03-1 (Crowne Hill) (the "CFD"), and on August 7, 2003, the Authority
issued, for the CFD, $12,155,000 principal amount of Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A to
finance various public improvements within the City of Temecula (the "Improvements"); and
WHEREAS, the Authority now intends to issue another series of bonds for the CFD (the
"Bonds") to provide additional funding for the Improvements; and
WHEREAS, the City Council has on this date held a duly noticed public hearing on the
financing of the Improvements with the proceeds of the Bonds, as required by Section
6586.5(a) of the California Government Code; and
WHEREAS, the City Council now desires to make a finding of significant public benefit,
pursuant to Section 6586.5(a)(2) of the California Government Code, and to approve of the
financing of the Improvements with the proceeds of the Bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as
follows:
Section 1. Findinqs and Determinations. The City Council hereby finds that significant
public benefits will arise from the financing of the Improvements with the proceeds of the
Bonds, in accordance with Section 6586 of the California Government Code.
Section 2. Approval of Financinq. The City Council hereby approves the financing of
the Improvements with the proceeds of the Bonds, and the issuance of the Bonds by the
Authority for the CFD.
Section 3. Effective Date. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a
meeting held on the 26th day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 05._ was duly adopted at a special meeting of the City Council of
the City of Temecula on the 26th day of July, 2005, by the following roll call vote:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
NOES:
Susan W. Jones, CMC
City Clerk
2
RESOLUTION NO. TPFA OS-_
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE
ISSUANCE OF SERIES 2005-B SPECIAL TAX BONDS FOR
COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL),
AND APPROVING RELATED DOCUMENTS AND ACTIONS
WHEREAS, the Board of Directors (the "Board") of the Temecula Public Financing
Authority (the "Authority") has conducted proceedings under and pursuant to Chapter 2.5 of
Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government
Code (the "Law"), to form the Temecula Public Financing Authority Community Facilities District
No. 03-1 (Crowne Hill) (the "Districf'), to authorize the levy of special taxes upon the land within
the District, and to issue bonds secured by said special taxes the proceeds of which are to be
used to finance the costs of certain public facilities (the "Facilities"), all as described in
Resolution No. TPFA 03-05, adopted by the Board of Directors on March 25, 2003; and
WHEREAS, pursuant to said proceedings, on August 7, 2003, the Authority, for and on
behalf of the District: (i) entered into a Fiscal Agent Agreement, dated as of July 1, 2003 (the
"Original Fiscal Agent Agreemenf'), with U.S. Bank National Association, as fiscal agent
thereunder (the "Fiscal Agenf'); and (ii) issued $12,155,000 initial principal amount of Temecula
Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax
Bonds, Series 2003-A (the "Series 2003-A Bonds"); and
WHEREAS, the Original Fiscal Agent Agreement provides for the issuance by the
Authority for the District of Parity Bonds, as defined therein, secured on a parity with the Series
2003-A Bonds, in order to provide additional financing for costs of the Facilities; and
WHEREAS, there have been submitted to the Board certain documents providing for the
issuance of a second series of bonds of the Authority for the District (the "Series 2005-B
Bonds"), and the use of the proceeds of the Series 2005-B Bonds to finance the Facilities and
the Board, with the assistance of officers of the Authority, has reviewed said documents and
found them to be in proper order; and
WHEREAS, on the date hereof, the City Council of the City of Temecula held a public
hearing regarding the financing of the Facilities with the proceeds of the Series 2005-B Bonds
and, following such hearing, the City Council adopted a resolution finding that significant public
benefits will arise from the financing of the Improvements; and
WHEREAS, following the adoption of this Resolution, all conditions, things and acts
required to exist, to have happened and to have been performed precedent to and in the
issuance of the Series 2005-B Bonds as contemplated by this Resolution and the documents
referred to herein exist, will have happened and will have been performed in due time, form and
manner as required by the laws of the State of California, including the Law.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula
Public Financing Authority as follows:
Section 1. Authorization of Issuance of Bonds. Pursuant to the Law, this Resolution
and the Fiscal Agent Agreement (hereafter defined), the Series 2005-B Bonds, designated as
"Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill)
-
Special Tax Bonds, Series 2005-B" in an aggregate principal amount not to exceed $6,000,000
are hereby authorized to be issued and sold as provided herein. The Series 2005-B Bonds shall
be "Parity Bonds" under and as defined in the Original Fiscal Agent Agreement, and shall be
executed in the form set forth in and otherwise as provided in the Original Fiscal Agent
Agreement, as supplemental by the First Supplemental Fiscal Agent Agreement referenced
below.
Section 2. Determinations. In connection with the authorization, sale and issuance of
the Series 2005-B Bonds, the Board hereby makes the following determinations: (a) the
structure of the proposed financing is consistent with the applicable sections of the Authority's
local goals and policies for community facilities districts, adopted by the Board on April 10,
2001, including the minimum value to lien ratio required thereby; (b) the sale of the Series
2005-B Bonds at a negotiated sale as contemplated by the Purchase Contract (defined below)
will result in a lower overall cost; (c) the conditions precedent to the issuance of the Series
2005-B Bonds as Parity Bonds under clauses (A), (B), (C), (D), (E) and (F) of Section 2.14 of
the Fiscal Agent Agreement have been satisfied; and (d) significant public benefits will arise
from the financing of the Facilities with proceeds of the Series 2005-B Bonds.
Section 3. Approval of First Supplemental Fiscal Aoent Aoreement. The First
Supplemental Fiscal Agent Agreement (the "Supplement") with respect to the Series 2005-B
Bonds, in the form presented to the Board at this meeting, is hereby approved. The Executive
Director is hereby authorized and directed to execute and deliver the Supplement in said form,
with such additions thereto or changes therein as are approved by the Executive Director, upon
consultation with Bond Counsel, including such additions or changes as are necessary or
advisable in accordance with Section 9 hereof, the approval of such additions or changes to be
conclusively evidenced by the execution and delivery of the Supplement by the Executive
Director. The date, manner of payment, interest rate or rates, interest payment dates,
denominations, form, registration privileges, manner of execution, place of payment, terms of
redemption and other terms of the Series 2005-B Bonds shall be as provided in the Original
Fiscal Agent Agreement, as amended and supplemented by the Supplement as finally executed
(collectively, the "Fiscal Agent Agreemenf').
Section 4. Approval of Bond Purchase Contract. The bond purchase agreement for
the Series 2005-B Bonds (the "Purchase Contracf') between the Authority and Stone &
Youngberg LLC (the "Underwriter"), in the form presented to the Board at this meeting, is
hereby approved. The Executive Director is hereby authorized and directed, for and in the
name and on behalf of the Authority, to accept the offer of the Underwriter to purchase the
Series 2005-B Bonds contained in the Purchase Contract (provided that the initial aggregate
principal amount of the Series 2005-B Bonds sold thereby is not in excess of $6,000,000, the
true interest cost on the Series 2005-B Bonds is not in excess of 7.00% per annum and the
underwriter's discount is not in excess of 3.00% of the initial aggregate principal amount of the
Series 2005-B Bonds) and to execute and deliver the Purchase Contract in said form, with such
additions thereto or changes therein as are recommended or approved by such officer upon
consultation with Bond Counsel, the approval of such additions or changes to be conclusively
evidenced by the execution and delivery of the Purchase Contract by the Executive Director.
Section 5. Approval of Official Statement. The preliminary official statement relating to
the Series 2005-B Bonds (the "Preliminary Official Statemenf'), in the form presented to the
Board at this meeting, is hereby approved. The Executive Director is hereby authorized and
directed, for and in the name and on behalf of the Authority, to make changes to the Preliminary
Official Statement prior to its dissemination to prospective investors, and to bring the
Preliminary Official Statement into the form of a final official statement (the "Official Statement")
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including such additions thereto or changes therein as are recommended or approved by such
officer upon consultation with Disclosure Counsel. The Executive Director is hereby authorized
and directed to execute and deliver the Official Statement. The Underwriter is hereby
authorized to distribute copies of the Preliminary Official Statement to persons who may be
interested in the purchase of the Series 2005-B Bonds and is directed to deliver copies of the
Official Statement to all actual purchasers of the Series 2005-B Bonds.
The Executive Director is hereby authorized to execute a certificate or certificates to the
effect that the Official Statement and such preliminary official statement were deemed "final" as
of their respective dates for purposes of Rule 15c2-12 of the Securities Exchange Act of 1934,
and is authorized to so deem such statements final.
Section 6. Approval of Continuinq Disclosure Aqreement. The Continuing Disclosure
Agreement (the "Disclosure Agreement") of the Authority, in the form presented to the Board at
this meeting, is hereby approved. The Executive Director is hereby authorized and directed to
execute and deliver the Disclosure Agreement in said form, with such additions thereto or
changes therein as are recommended or approved by such officer upon consultation with
Disclosure Counsel and Bond Counsel (including such additions or changes therein as are
necessary or advisable in accordance with Section 9 hereof), the approval of such additions or
changes to be conclusively evidenced by the execution and delivery of the Disclosure
Agreement by the Executive Director.
Section 7. Approval of Supplement NO.1 to Acquisition Aqreement. The Supplement
No. 1 to Acquisition Agreement (the "Acquisition Agreement Supplemenf') between the
Authority and Lennar Homes of California, Inc., in the form presented to this Board of Directors
at this meeting, is hereby approved. The Executive Director is hereby authorized and directed
to execute and deliver the Acquisition Agreement Supplement in said form, with such additions
thereto or changes therein as are recommended or approved by such officer upon consultation
with Bond Counsel (including such additions or changes therein as are necessary or advisable
in accordance with Section 9 hereof), the approval of such additions or changes to be
conclusively evidenced by the execution and delivery of the Acquisition Agreement Supplement
by the Executive Director.
Section 8. Delivery of Bonds. The Series 2005-B Bonds, when executed, shall be
delivered to the Fiscal Agent for authentication. The Fiscal Agent is hereby requested and
directed to authenticate the Series 2005-B Bonds by executing the Fiscal Agent's certificate of
authentication and registration appearing thereon, and to deliver the Series 2005-B Bonds,
when duly executed and authenticated, to the Underwriter in accordance with written
instructions executed on behalf of the Authority by the Executive Director, which instructions
such officer is hereby authorized and directed, for and in the name and on behalf of the
Authority, to execute and deliver to the Fiscal Agent. Such instructions shall provide for the
delivery of the Series 2005-B Bonds to the Underwriter in accordance with the Purchase
Contract, upon payment of the purchase price therefor.
Section 9. Further Actions. All actions heretofore taken by the officers and agents of
the Authority with respect to the establishment of the District and the sale and issuance of the
Series 2005-B Bonds are hereby approved, confirmed and ratified, and the proper officers of
the Authority are hereby authorized and directed to do any and all things and take any and all
actions and execute any and all certificates, agreements and other documents, which they, or
any of them, may deem necessary or advisable in order to consummate the lawful issuance
and delivery of the Series 2005-B Bonds in accordance with this Resolution, and any certificate,
agreement, and other document described in the documents herein approved. Whenever in this
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Resolution any officer of the Authority is authorized to execute or countersign any document or
take any action, such execution, countersigning or action may be taken on behalf of such officer
by any person designated by such officer to act on his or her behalf in the case such officer
shall be absent or unavailable.
Section 10. Effective Date. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula
Public Financing Authority at a meeting held on the 26th day of July, 2005.
Jeff Comerchero, Chairperson
ATTEST:
Susan W. Jones, CMC
City Clerk!Authority Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO
CERTIFY that the foregoing Resolution No. TPFA 05-_ was duly adopted at a special
meeting of the Board of Directors of the Temecula Public Financing Authority on the 26th day of
July, 2005, by the following vote:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
BOARDMEMBERS:
ABSENT:
Susan W. Jones, CMC
City Clerk!Authority Secretary
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TEMECULA PUBLIC FINANCING AUTHORITY
CFD 03-1 (CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
FIRST SUPPLEMENTAL
FISCAL AGENT AGREEMENT
Quint & Thirrunig LLP
07/18/05
FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT
by and between the
TEMECULA PUBLIC FINANCING AUTHORITY
and
U.S. BANK NATIONAL ASSOCIATION,
as Fiscal Agent
Dated as of August 1, 2005
Relating to:
$
Temecula Public Financing Authority
Community Facilities District No. 03-1
(Crowne Hill)
Special Tax Bonds, Series 2005-B
20009.070)8206
SECTION 1.
Section 10.01.
Section 10.02.
Section 10.03.
Section 10.D4.
Section 10.05.
Section 10.06.
Section 10.07.
Section 10.08.
Section 10.09.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
TABLE OF CONTENTS
Supplement to Original Fiscal Agent Agreement ......................................................................2
ARTICLE X
SERIES 2005-B BONDS
Definitions ....... ....................... ..................... ........................ ...............................2
Authorization of Series 2005-B Bonds.............................................................3
Terms of Series 2005-B Bonds...........................................................................3
Redemption of Series 2005-B Bonds ................................................................4
Form of Series 2005-B Bonds; Authentication and Delivery ........................6
Application of Proceeds of Sale of Series 2005-B Bonds ...............................7
2005 Costs of Issuance Fund.............................................................................7
Security for Series 2005-B Bonds......................................................................7
Effect of this Article X .......................................................................................7
Attachment of Exhibit B.................................................................................................................8
Additional Amendments to Original Fiscal Agent Agreement................................................8
Partial Invalidity.............. ............. .................................................... ....................................... .......9
Execution in Counterparts.......... ................ .................................................. ................ ............ ..... 9
Governing Law ...............................................................................................................................9
EXHIBIT A - FORM OF SERIES 2005-B BONDS
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FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT
THIS FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT (this "Supplemental
Agreement No.1"), dated as of August 1, 2005, is by and between the TEMECULA PUBLIC
FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under
and by virhte of the laws of the State of California (the" Authority") for and on behalf of the
Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the
"District"), and U.s. BANK NATIONAL ASSOCIATION, as fiscal agent (the "Fiscal Agent")
under a Fiscal Agent Agreement, dated as of July 1, 2003 (the "Original Fiscal Agent
Agreement") by and between the Fiscal Agent and the Authority.
RECITALS:
WHEREAS, the Board of Directors of the Authority (the "Board") has formed the
District under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended
(Section 53311, et seq. of the California Government Code) (the" Act") and Resolution No. TPFA
03-05 of the Board adopted on March 25, 2003;
WHEREAS, the Board, as the legislative body with respect to the District, is authorized
under the Act to levy special taxes (the "Special Taxes") to pay for the costs of the District and
to authorize the issuance of bonds secured by the Special Taxes under the Act;
WHEREAS, pursuant to the provisions of the Act and the Original Fiscal Agent
Agreement, on August 7, 2003, the Authority issued, for and on behalf of the District,
$12,155,000 initial principal amount of Temecula Public Financing Authority Community
Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "Series 2003-A
Bonds") for the purpose of financing various public improvements authorized to be funded by
the District;
WHEREAS, Section 2.14 of the Original Fiscal Agent Agreement authorizes the issuance
by Supplemental Agreement of Parity Bonds (as such terms are defined in the Original Fiscal
Agent Agreement) secured under the Original Fiscal Agent Agreement on a parity with the
Series 2003-A Bonds;
WHEREAS, after due investigation and deliberation the Authority has determined that
it is in the interests of the Authority and the District at this time for the Authority, for and on
behalf of the District, to provide for the issuance of its Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 200S-B in the
initial aggregate principal amount of $ (the "Series 200S-B Bonds"), to finance costs
of the public improvements authorized to be funded by the District;
WHEREAS, this Supplemental Agreement No. 1 is a "Supplemental Agreement" as
defined in Section 1.03 of the Original Fiscal Agent Agreement and the Series 200S-B Bonds are
"Parity Bonds" as defined in Section 1.03 of the Original Fiscal Agent Agreement and are to be
secured under the Original Fiscal Agent Agreement, as amended and supplemented by this
Supplemental Agreement No.1, on a parity with the Series 2003-A Bonds;
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---
WHEREAS, the Authority and the Fiscal Agent desire to enter into this Supplemental
Agreement No.1 pursuant to Sections 2.14 and 8.01(E) of the Original Fiscal Agent Agreement,
to provide for the issuance of the Series 2005-B Bonds;
WHEREAS, in providing for the issuance of the Series 2005-B Bonds, it is necessary to
supplement and amend the Original Fiscal Agent Agreement, as more particularly provided in
Section 1 and Section 2 hereof, as such supplement and amendment are authorized by Sections
2.14 and 8.01(E) of the Original Fiscal Agent Agreement; and
WHEREAS, the Authority has determined that all acts and proceedings required by law
necessary to make the Series 2005-B Bonds, when executed by the Authority for the District,
authenticated and delivered by the Fiscal Agent and duly issued, the valid, binding and legal
special obligations of the Authority for the District, and to constitute the Original Fiscal Agent
Agreement, as amended and supplemented by this Supplemental Agreement No. 1, a valid and
binding agreement for the uses and purposes herein and therein set forth, in accordance with
its terms, have been done or taken and the execution and delivery of this Supplemental
Agreement No.1 have been in all respects duly authorized.
AGREEMENT:
NOW, THEREFORE, in consideration of the premises and the mutual agreements
herein contained, and for other consideration the receipt and sufficiency of which are hereby
acknowledged, the parties hereto do hereby agree as follows:
SECTION 1. Supplement to Original Fiscal Agent Agreement. In accordance with the
provisions of Section 2.14 and 8.01(E) of the Original Fiscal Agent Agreement, the Original
Fiscal Agent Agreement is hereby amended by adding a new article thereto, to be designated as
Article X. Such Article X shall read in its entity as follows:
ARTICLE X
SERIES 2005-B BONDS
Section 10.01. Definitions. Unless the context otherwise requires, the terms defined in
this Section 10.01 shall, for all purposes of this Article X but not for any other purposes of this
Agreement, have the respective meanings specified in this Section 10.01. All terms defined in
Section 1.03 of this Agreement and not otherwise defined in this Section 10.01 shall, when used
in this Article X, have the respective meanings given to such terms in Section 1.03.
"Article X" means this Article X which has been incorporated in and made a part of this
Agreement pursuant to Supplemental Agreement No.1, together with all amendments of and
supplements to this Article X entered into pursuant to the provisions of Section 8.01.
"Closing Date" means August ~ 2005, being the date upon which there was a physicalidelivery of the Series 2005-B Bonds in exchange for the amount representing the purchase price
of the Series 2005-B Bonds by the Original Purchaser.
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"2005 Costs of Issuance" means items of expense payable or reimbursable directly or
indirectly by the Authority or the City and related to the authorization, sale and issuance of the
Series 2005-B Bonds, which items of expense shall include, but not be limited to, printing costs,
costs of reproducing and binding documents, closing costs, filing and recording fees, fees and
charges of the Fiscal Agent, expenses incurred by the City or the Authority in connection with
the issuance of the Series 2005-B Bonds, special tax consultant fees and expenses, absorption
consultant and appraiser fees and expenses, bond (underwriter's) discount, financial consultant
fees, legal fees and charges, including bond counsel, disclosure counsel, and landowner
counsel, charges for execution, transportation and safekeeping of the Series 2005-B Bonds and
other costs, charges and fees in connection with the foregoing.
"2005 Costs of Issuance Fund" means the fund by that name established and held by the
Fiscal Agent pursuant to Section 10.07.
"Original Purchaser" means Stone & Youngberg LLC, the first purchaser of the Series
2005-B Bonds upon their delivery by the Fiscal Agent on the Closing Date.
Section 10.02. Authorization of Series 2005-B Bonds. Series 2005-B Bonds in the
aggregate principal amount of Million Hundred Thousand Dollars
($ ), are hereby authorized to be issued as Parity Bonds under and subject to the
terms of this Agreement, the Act and other applicable laws of the State of California.
Section 10.03. Terms of Series 2005-B Bonds.
(A) Form: Denominations. The Series 2005-B Bonds shall be issued as fully registered
Bonds without coupons in the denomination of $5,000 or any integral multiple in excess
thereof.
(B) Date of Bonds. The Series 2005-B Bonds shall be dated the Closing Date, as defined
in Section 10.01.
(C) Maturities. Interest Rates. The Series 2005-B Bonds shall mature and become
payable on September 1 in each of the years, and shall bear interest at the respective rates per
annum, as follows:
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Maturity Date
(September 1 )
Principal
Amount
Interest
Rate
(D) Interest. Method of Payment and CUSIP Numbers. Interest on the Series 2005-B
Bonds shall be payable as provided in Section 2.02(E) of this Agreement (except that the first
Interest Payment Date for the Series 2005-B Bonds shall be March 1, 2006), with the Closing
Date as used therein being the Closing Date as defined in Section 10.01, payments shall be
made on the Series 2005-B Bonds as provided in Section 2.02(F), and CUSIP identiiication
numbers for the Series 2005-B Bonds shall be subject to Section 2.02(C).
Section 10.04. Redemption of Series 2005-B Bonds.
(A) Redemption. (i) Optional Redemption. The Series 2005-B Bonds are subject
to optional redemption prior to their stated maturity on any Interest Payment Date, as a
whole or in part, among maturities so as to maintain substantially level debt service on
the Bonds and by lot within a maturity, at a redemption price (expressed as a percentage
of the principal amount of the Series 2005-B Bonds to be redeemed), as set forth below,
together with accrued interest thereon to the date fixed for redemption:
Redemption Dates
Any Interest Payment Date from March 1, 2006
to and including March 1, 2015
September 1, 2015 and any Interest Payment
Date thereafter
Redemption Prices
102%
100
(ii) Mandatory Sinking Payment Redemption. The Series 2005-B Bonds maturing
on September 1, _ are subject to mandatory sinking payment redemption in part on
September 1, ~ and on each September 1 thereafter to maturity, by lot, at a
redemption price equal to the principal amount thereof to be redeemed, together with
accrued interest to the date fixed for redemption, without premium, from sinking
payments as follows:
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Redemption Date
(September 1)
Sinking Payments
The Series 2005-B Bonds maturing on September 1, _ are subject to
mandatory sinking payment redemption in part on September 1, ~ and on each
September 1 thereafter to maturity, by lot, at a redemption price equal to the principal
amonnt thereof to be redeemed, together with accrued interest to the date fixed for
redemption, without premium, from sinking payments as follows:
Redemption Date
(September 1)
Sinking Payments
The amonnts in the foregoing tables shall be reduced to the extent practicable so
as to maintain the substantially level debt service on the Bonds, as a result of any prior
partial redemption of the Series 2005-B Bonds pursuant to Section 10.04(A)(i) above or
Section 10.04(A)(iii) below, as specified in writing by the Treasurer to the Fiscal Agent.
(iii) Redemption From Special Tax Prepayments. Special Tax Prepayments and
any corresponding transfers from the Reserve Fnnd pursuant to Section 4.05(B)(ii) and
Section 4.04(F), respectively, shall be used to redeem Series 2003-B Bonds on the next
Interest Payment Date for which notice of redemption can timely be given nnder Section
2.03(D), by lot and allocated among maturities of the Series 2003-B Bonds so as to
maintain substantially level debt service on the Bonds, at a redemption price (expressed
as a percentage at the principal amonnt of the Bonds to be redeemed), as set forth
below, together with accrued interest to the date fixed for redemption:
Redemption Dates
Any Interest Payment Date from March 1, 2006 to
and including March 1, 2015
September 1, 2015 and any Interest Payment Date
thereafter
Redemption Prices
102%
100
(B) Notice to Fiscal Agent. The Authority shall give the Fiscal Agent written notice of its
intention to redeem Series 2005-B Bonds pursuant to subsection (A)(i) or (A)(iii) not less than
forty-five (45) days prior to the applicable redemption date, or such lesser number of days as
shall be consented to by the Fiscal Agent.
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(C) Purchase of Bonds in Lieu of Redemption. In lieu of redemption under Section
10.04(A), moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for
purchase of Outstanding Series 2005-B Bonds, upon the filing with the Fiscal Agent of an
Officer's Certificate requesting such purchase, at public or private sale as and when, and at
such prices (including brokerage and other charges) as such Officer's Certificate may provide,
but in no event may Series 2005-B Bonds be purchased at a price in excess of the principal
amount thereof, plus interest accrued to the date of purchase and any premium which would
otherwise be due if such Series 2005-B Bonds were to be redeemed in accordance with this
Agreement.
(D) Redemption Procedure by Fiscal Agent. Effect of Redemption. Notices of
redemption of the Series 2005-B Bonds, and other redemption procedures to be followed by the
Fiscal Agent with regard to the Series 2005-B Bonds, shall be as provided in Section 2.03(D), and
the effect on Series 2005-B Bonds called for redemption shall be as set forth in Section 2.03(E).
Section 10.05. Form of Series 2005-B Bonds; Authentication and Delivery.
(A) Form of Series 2005-B Bonds. The Series 2005-B Bonds, the form of Fiscal Agent's
certificate of authentication, and the form of assignment to appear thereon, shall be
substantially in the respective forms set forth in Exhibit B attached hereto and by this reference
incorporated herein, with necessary or appropriate variations, omissions and insertions, as
permitted or required by this Agreement and the Act.
(B) Execution of Series 2005-B Bonds. The Series 2005-B Bonds shall be executed on
behalf of the Authority by the signatures of its Chairman and its Secretary who are in office on
the date of execution and delivery of Supplemental Agreement No.1 or at any time thereafter,
and the seal of the Authority shall be impressed, imprinted or reproduced by facsimile
signature thereon. Either or both of such signatures may be made manually or may be affixed
by facsimile thereof. If any officer whose signature appears on any Series 2005-B Bond ceases to
be such officer before delivery of the Series 2005-B Bonds to the owner, such signature shall
nevertheless be as effective as if the officer had remained in office until the delivery of the
Series 2005-B Bonds to the owner. Any Series 2005-B Bond may be signed and attested on
behalf of the Authority by such persons as at the actual date of the execution of such Series
2005-B Bond shall be the proper officers of the Authority although at the nominal date of such
Series 200S-B Bond any such person shall not have been such officer of the Authority.
Only such of the Series 2005-B Bonds as shall bear thereon a certificate of authentication
in the form set forth in Exhibit B, manually executed and dated by the Fiscal Agent, shall be
valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such
certificate of the Fiscal Agent shall be conclusive evidence that such Series 2005-B Bonds have
been duly authenticated and delivered hereunder and are entitled to the benefits of this
Agreement.
(C) Authentication and Delivery of Series 2005-B Bonds. At any time after the execution
of Supplemental Agreement No.1 and delivery by the Authority of an Officer's Certificate for
the Series 2005-B Bonds as required by Section 2.14(G), the Authority may issue the Series 2005-
B Bonds for the District in the aggregate principal amount set forth in Section 10.02 and deliver
the Series 2005-B Bonds to the Original Purchaser. The Authorized Officers of the Authority are
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hereby authorized and directed to deliver any and all documents and instruments necessary to
cause the issuance of the Series 2005-B Bonds in accordance with the provisions of the Act and
this Agreement, as supplemented by Supplemental Agreement No.1, to authorize the payment
of 2005 Costs of Issuance and costs of the Project by the Fiscal Agent from the proceeds of the
Series 2005-B Bonds and to do and cause to be done any and all acts and things necessary or
convenient for delivery of the Series 2005-B Bonds to the Original Purchaser.
Section 10.06. Application of Proceeds of Sale of Series 2005-B Bonds. The proceeds of
the purchase of the Series 2005-B Bonds by the Original Purchaser thereof ($ ) shall
be paid to the Fiscal Agent, who shall forthwith set aside, pay over and deposit such proceeds
on the Closing Date as follows:
(A) to the 2005 Subaccount of the Reserve Fund $
(B) to the 2005 Costs of Issuance Fund $
; and
(C) to the 2005 Subaccount of the Acquisition Account of the Improvement Fund
$
The Fiscal Agent may, in its discretion, establish a temporary fund or account in its
books and records to facilitate transfers required under this Section 10.06.
Section 10.07. 2005 Costs of Issuance Fund. There is hereby established a separate fund
to be known as the "2005 Costs of Issuance Fund", which shall be held by the Fiscal Agent, and
to which a deposit shall be made as provided in Section 1O.06(B). The moneys in the 2005 Costs
of Issuance Fund shall be used and withdrawn by the Fiscal Agent from time to time to pay the
2005 Costs of Issuance, as set forth in one or more Officer's Certificates containing respective
amounts to be paid to the designated payees, and delivered to the Fiscal Agent concurrently
with the delivery of the Series 2005-B Bonds or at any time thereafter. The Fiscal Agent shall
pay all 2005 Costs of Issuance after receipt of an invoice from any such payee which requests
payment in an amount which is less than or equal to the amount set forth with respect to such
payee pursuant to an Officer's Certificate requesting payment of 2005 Costs of Issuance. The
Fiscal Agent shall maintain the 2005 Costs of Issuance Fund for a period of 90 days from the
date of delivery of the Series 2005-B Bonds and then shall transfer any moneys remaining
therein, including any investment earnings thereon, to the Treasurer for deposit by the
Treasurer in the Administrative Expense Fund.
Section 10.08. Security for Series 2005-B Bonds. The Series 2005-B Bonds shall be Parity
Bonds which shall be secured in the manner and to the extent set forth in Section 3.02, in
Articles IV and V, and in this Article X.
Section 10.09. Effect of this Article X. Except as in this Article X expressly provided or
except to the extent inconsistent with any provision of this Article X, the Series 2005-B Bonds
shall be deemed to be "Bonds" under and within the meaning of Section 1.03, and every term
and condition contained in the foregoing provisions of this Agreement shall apply to the Series
2005-B Bonds with full force and effect, with such omissions, variations and modifications
thereof as may be appropriate to make the same conform to this Article X.
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SECTION 2. Attachment of Exhibit B. The Original Fiscal Agent Agreement is hereby
further amended by incorporating therein an Exhibit B setting forth the form of the Series 2005-
B Bonds, which shall read in its entirety as set forth in Exhibit A attached hereto and hereby
made a part hereof.
SECTION 3. Additional Amendments to Original Fiscal Agent Agreement. The
Original Fiscal Agent Agreement is hereby further amended as follows:
(A) Section 1.03 of the Agreement is hereby amended by adding thereto the following:
"Series 2005-B Bonds" means the Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005-B,
authorized to be issued under Section 10.02.
"Supplemental Agreement No.1" means the First Supplemental Fiscal Agent
Agreement, dated as of August 1, 2005, between the Authority, for and on behalf of the
District, and the Fiscal Agent.
(B) Section 1.03 of the Agreement is hereby further amended by deleting the term
"Agreement" therein, and by inserting therein, in lieu thereof, the following: "Agreement"
means this Fiscal Agent Agreement, as amended and supplemented by Supplemental
Agreement No.1, and as it may be further amended or supplemented from time to time by any
additional Supplemental Agreement entered into pursuant to the provisions hereof.
(C) Section 1.03 of the Agreement is hereby further amended by deleting the term
"Bonds" therein, and by inserting therein, in lieu thereof, the following: "Bonds" means the
Series 2003-A Bonds, the Series 2005-B Bonds, and, if the context requires, any additional Parity
Bonds, at any time Outstanding under this Agreement or any Supplemental Agreement.
(D) Section 1.03 of the Agreement is hereby further amended by deleting the term
"Continuing Disclosure Agreement" therein, and by inserting therein, in lieu thereof, the
following: "Continuing Disclosure Agreement" means, collectively, (i) the Continuing
Disclosure Agreement of the Authority, dated as of July 1, 2003, by and between the Authority
and U.s. Bank National Association, as dissemination agent (the "Dissemination Agent"), as
originally executed and as it may be amended from time to time in accordance with its terms;
and (ii) the Continuing Disclosure Agreement of the Authority, dated as of August 1, 2005,
between the Authority and the Dissemination Agent, as originally executed and as it may be
amended from time'to time in accordance with its terms.
(E) Section 4.02(A) of the Agreement is hereby amended by adding thereto after the
first sentence thereof, the following: "There is also hereby created within the Acquisition
Account a separate subaccount designated as the "2005 Subaccount," which subaccount is
hereby established for purposes of accounting for the use and disposition of Series 2005-B
Bonds, a portion of the proceeds of which will be deposited to such 2005 Subaccount pursuant
to Section 10.06(C), and amounts in such subaccount shall for all purposes of this Agreement be
deemed to be part of the amounts on deposit in the Acquisition Account; provided, however,
that, notwithstanding Section 4.02(B) below, amounts disbursed from the Acquisition Account
following the Closing Date (as defined in Section 10.01) shall be taken first, from amounts in the
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2005 Subaccount of the Acquisition Account until an amount equal to $ [5% of Series
2005-B Bonds principal] has been withdrawn from the 2005 Subaccount of the Acquisition
Account; second, from amounts in the Acquisition Account other than from in the 2005
Subaccount of the Acquisition Account; and third, from any remaining amounts in the 2005
Subaccount of the Acquisition Account."
(F) Section 4.04(A) of the Agreement is hereby amended by adding thereto, after the
first sentence thereof, the following: "There is also hereby created within the Reserve Fund a
separate subaccount designated as the "2005 Subaccount" which subaccount is hereby
established for purposes of accounting for the use and disposition of Series 2005-B Bonds, a
portion of the proceeds of which will be deposited to such 2005 Subaccount pursuant to Section
10.06(A), and amounts in such subaccount shall for all purposes of this Agreement be deemed
to be part of the amounts on deposit in the Reserve Fund and amounts in such 2005 Subaccount
and any earnings thereon in such 2005 Subaccount shall be drawn upon pro rata with all other
amounts in the Reserve Fund whenever a draw is made on the Reserve Fund under this Section
4.04."
SECTION 4. Partial Invalidity. If any section, paragraph, sentence, clause or phrase of
this Supplemental Agreement No. 1 shall for any reason be held illegal, invalid or
unenforceable, such holding shall not affect the validity of the remaining portions of this
Supplemental Agreement No. 1. The Authority hereby declares that it would have entered into
this Supplemental Agreement No. 1 and each and every other Section, paragraph, sentence,
clause or phrase hereof and authorized the issue of the Series 2005-B Bonds pursuant thereto
irrespective of the fact that anyone or more Sections, paragraphs, sentences. clauses, or phrases
of this Supplemental Agreement No.1 may be held illegal, invalid or unenforceable.
SECTION 5. Execution in Counterparts. This Supplemental Agreement No.1 may be
executed in several counterparts, each of which shall be an original and all of which shall
constitute but one and the same instrument.
SECTION 6. Governing Law. This Supplemental Agreement No.1 shall be construed
and governed in accordance with the laws of the State of California applicable to contracts
made and performed in such State.
-9-
IN WITNESS WHEREOF, the Authority and the Fiscal Agent have caused this First
Supplemental Fiscal Agent Agreement to executed as of August 1, 2005.
TEMECULA PUBLIC FINANCING
AUTHORITY, for and on behalf of
TEMECULA PUBLIC FINANCING
AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
By:
Executive Director
U.s. BANK NATIONAL ASSOCIATION, as
Fiscal Agent
By
Authorized Officer
20009.07,)8206
-10-
EXHIBIT A TO FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT
EXHIBIT B
FORM OF SERIES 2005-B BONDS
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
No.
$
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1
(CROWNE HILL)
SPECIAL TAX BOND, SERIES 2005-B
INTEREST RATE
MATURITY DATE
Se tember 1,
BOND DATE
Au t~ 2005
CUSIP
REGISTERED OWNER:
CEDE & CO.
PRINCIPAL AMOUNT:
DOLLARS
The Temecula Public Financing Authority (the" Authority") for and on behalf of the
Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the
"District"), for value received, hereby promises to pay solely from the Special Tax (as
hereinafter defined) to be collected in the District or amounts in the funds and accounts held
under the Agreement (as hereinafter defined), to the registered owner named above, or
registered assigns, on the maturity date set forth above, unless redeemed prior thereto as
hereinafter provided, the principal amount set forth above, and to pay interest on such
principal amount from the Bond Date set forth above, or from the most recent interest payment
date to which interest has been paid or duly provided for, semiannually on March 1 and
September 1, commencing March 1, 2006, at the interest rate set forth above, until the principal
amount hereof is paid or made available for payment. The principal of this Bond is payable to
the registered owner hereof in lawful money of the United States of America upon presentation
and surrender of this Bond at the Principal Office (as defined in the Agreement referred to
below) of U.S. Bank National Association (the "Fiscal Agent"). Interest on this Bond shall be
paid by check of the Fiscal Agent mailed on each interest payment date to the registered owner
hereof as of the close of business on the 15th day of the month preceding the month in which
the interest payment date occurs (the "Record Date") at such registered owner's address as it
appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in
book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to
any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of
Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an
A-I
account in the United States designated by such registered owner in such written request,
respectively.
This Bond is one of the second series of a duly authorized issue of bonds approved by
the qualified electors of the District pursuant to the Mello-Roos Community Facilities Act of
1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-Roos
Act") for the purpose of financing certain public facilities within and in the vicinity of the
District (the "Project"), and is one of the series of Bonds designated "Temecula Public Financing
Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005-
B" (the "Bonds") in the aggregate principal amount of $ . The creation of the Bonds
and the terms and conditions thereof are provided for by resolution adopted by the Board of
Directors of the Authority on July 26, 2005 (the "Resolution"), and the Fiscal Agent Agreement,
dated as of July 1, 2003, between the Authority and the Fiscal Agent, as amended and
supplemented by a First Supplemental Fiscal Agent Agreement, dated as of August 1, 2005,
between the Authority and the Fiscal Agent (collectively, the" Agreement") and this reference
incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of
this Bond assents to said terms and conditions. The Authority has issued, for and on behalf of
the District, under the Agreement its $12,155,000 Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the
"Series 2003-A Bonds"), which Series 2003-A Bonds are secured on a parity with the Bonds
under the Agreement. Pursuant to and as more particularly provided in the Resolution and in
the Agreement, additional bonds may be issued by the Authority from time to time secured by
a lien on a parity with the lien securing the Bonds and the Series 2003-A, but any such
additional bonds must be Refunding Bonds, as such term is defined in the Agreement. The
Resolution is adopted and the Agreement is entered into under and this Bond is issued under,
and all are to be construed in accordance with, the laws of the State of California.
Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and
interest on this Bond are payable solely from the annual special tax authorized under the Mello-
Roos Act to be collected within the District (the "Special Tax") and certain funds held under the
Agreement.
Interest on this Bond shall be payable from the interest payment date next preceding the
date of authentication hereof, unless (i) it is authenticated on an interest payment date, in
which event it shall bear interest from such date of authentication, or (ii) it is authenticated
prior to an interest payment date and after the close of business on the Record Date preceding
such interest payment date, in which event it shall bear interest from such interest payment
date, or (iii) it is authenticated prior to the Record Date preceding the first interest payment
date, in which event it shall bear interest from the Bond Date set forth above; provided,
however, that if at the time of authentication of this Bond, interest is in default hereon, this
Bond shall bear interest from the interest payment date to which interest has previously been
paid or made available for payment hereon.
Any tax for the payment hereof shall be limited to the Special Tax, except to the extent
that provision for payment has been made by the Authority, as may be permitted by law. The
Bonds do not constitute obligations of the Authority for which the Authority is obligated to
levy or pledge, or has levied or pledged, general or special taxation other than described
A-2
hereinabove. The City of Temecula has no liability or obligations whatsoever with respect to
the Bonds or the Agreement.
The Bonds are subject to redemption prior to their stated maturity on any interest
payment date, as a whole or in part among maturities as provided in the Agreement, at a
redemption price (expressed as a percentage of the principal amount of the Bonds to be
redeemed), as set forth below, together with accrued interest thereon to the date fixed for
redemption:
Redemption Dates
Any Interest Payment Date from March 1, 2006
to and including March 1, 2015
September 1, 2015 and any interest payment
date thereafter
Redemption Prices
102%
100
The Bonds maturing on September 1, . are subject to mandatory sinking payment
redemption in part on September 1, and on each September 1 thereafter to maturity, by
lot, at a redemption price equal to the principal amount thereof to be redeemed, together with
accrued interest to the date fixed for redemption, without premium, from sinking payments as
follows:
Redemption Date
(September 1)
Sinking Payments
The Bonds maturing on September 1, are subject to mandatory sinking payment
redemption in part on September 1, . and on each September 1 thereafter to maturity, by
lot, at a redemption price equal to the principal amount thereof to be redeemed, together with
accrued interest to the date fixed for redemption, without premium, from sinking payments as
follows:
Redemption Date
(September 1)
Sinking Payments
The Bonds are also subject to redemption from the proceeds of Special Tax Prepayments
and any corresponding transfers from the Reserve Fund pursuant to the Agreement, on any
Interest Payment Date, among maturities as specified in the Agreement and by lot within a
maturity, at a redemption price (expressed as a percentage at the principal amount of the Bonds
A-3
to be redeemed), as set forth below, together with accrued interest to the date fixed for
redemption:
Redemption Dates
Any interest payment date from March 1,2006
to and including March 1, 2015
September 1, 2015 and any interest payment
date thereafter
Redemption Prices
102%
100
In the event of a redemption of less than all of the Bonds, the Bonds shall be redeemed
by lot within a maturity, and among maturities in the manner specified in the Agreement.
Notice of redemption with respect to the Bonds to be redeemed shall be given to the
registered owners thereof, in the manner, to the extent and subject to the provisions of the
Agreement.
This Bond shall be registered in the name of the owner hereof, as to both principal and
interest.
Each registration and transfer of registration of this Bond shall be entered by the Fiscal
Agent in books kept by it for this purpose and authenticated by its manual signature upon the
certificate of authentication endorsed hereon.
No transfer or exchange hereof shall be valid for any purpose unless made by the
registered owner, by execution of the form of assignment endorsed hereon, and authenticated
as herein provided, and the principal hereof, interest hereon and any redemption premium
shall be payable only to the registered owner or to such owner's order. The Fiscal Agent shall
require the registered owner requesting transfer or exchange to pay any tax or other
governmental charge required to be paid with respect to such transfer or exchange. No transfer
or exchange hereof shall be required to be made (i) fifteen days prior to the date established by
the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such
Bond has been selected for redemption, or (ill) between a Record Date and the succeeding
interest payment date. Exchanges may only be made for Bonds in authorized denominations,
as provided in the Agreement.
The Agreement and the rights and obligations of the Authority thereunder may be
modified or amended as set forth therein.
The Bonds are not general obligations of the Authority, but are limited obligations
payable solely from the revenues and funds pledged therefor under the Agreement. Neither
the faith and credit of the Authority or the State of California or any political subdivision
thereof is pledged to the payment of the Bonds.
This Bond shall not become valid or obligatory for any purpose until the certificate of
authentication and registration hereon endorsed shall have been dated and signed by the Fiscal
Agent.
A-4
Unless this Bond is presented by an authorized representative of The Depository Trust
Company to the Fiscal Agent for registration of transfer, exchange or payment, and any Bond
issued is registered in the name of Cede & Co. or such other name as requested by an
authorized representative of The Depository Trust Company and any payment is made to Cede
& Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE
BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has
an interest herein.
IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and
things required by law to exist, happen and be performed precedent to and in the issuance of
this Bond have existed, happened and been performed in due time, form and manner as
required by law, and that the amount of this Bond does not exceed any debt limit prescribed by
the laws or Constitution of the State of California.
IN WITNESS WHEREOF, Temecula Public Financing Authority has caused this Bond to
be dated the Bond Date set forth above, to be signed by the facsimile signature of its Executive
Director and countersigned by the facsimile signature of its Secretary.
TEMECULA PUBLIC FINANCING
AUTHORITY
[SEAL]
Executive Director
ATTEST
Secretary
A-S
FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the Resolution and in the Agreement which has
been authenticated on
u.s. Bank National Association, as Fiscal
Agent
By:
Authorized Signatory
A-6
ASSIGNMENT
For value received the undersigned hereby sells, assigns and transfers unto
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within-registered Bond and hereby irrevocably constitute(s) and appoints(s)
attorney,
to transfer the same on the registration books of the Fiscal Agent with full power of substitution
in the premises.
Dated:
Signature Guaranteed:
Signature:
Note: The signature(s) on this Assignment must
correspond with the name(s) as written on
the face of the within Bond in every
particular without alteration or enlargement
or any change whatsoever.
Note: Signature(s) must be guaranteed by an eligible
guarantor.
A-7
TEMECULA PUBLIC FINANCING AUTHORITY
CFD 03-1 (CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
PRELIMINARY OFFICIAL STATEMENT
NEW ISSUE
PRELIMINARY OFFICfAL STATEMENT DATED JULY [27], 2005
NOT RATED
In the opinion ?iQuinl & Thimmig ILP, San Francisco, Cahf(Jf'1Jia, Bond Co"nse~ m!?Jed, however. to certain qualifications described herein, under existing
law, interest on the 2005 Bonds is excludablefromgross income if the owners themlfor federal income fax purposes and is not included as an item tf/ax preference in
computing the fideral alternative minimum tax for individuals and corporations under the Internal Revenue Code of1986, (JJ' amended, bill is taken inlo account in computing
an art/us/men! used in determining the ftderal alternative minimum tax for certain corpora/ions. In the furthero/Jinion if Bond Counsel. such interest is exempt from California
personal income faxes. See ''LEGAL NIATIERS-Tax Exemption" herein.
$
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1
(CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-8
Dated: Date of Delivery Due: September L as on the inside cover
The Temecula Public Financing Authority Community Facilities District No. 03M I (Crowne Hill) Special Tax Bonds, Series 2005-B (the
"2005 Bonds") are being issued under the Mello-Roos Community Facilities Act of 1982 (the "Act") and a Fiscal Agent Agreement, dated as of
June 1,2003 (the "Original Fiscal Agent Agreement"), by and between the Temecula Public financing Authority (the "Authority"), for and on behalf
ofthe District, and U.S. Bank National Association, as Fiscal Agent (the "Fiscal Agent"), as supplemented by the First Supplemental Fiscal Agent
Agreement, dated as 0 August 1,2005, by and between the Authority and the Fiscal Agent (the "First Supplemental Fiscal Agent Agreement" and
together with the Original Fiscal Agent Agreement, the "Fiscal Agent AgreemenC), and are payable from proceeds of Special Taxes (as defined
herein) levied on property within the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District")
according to the rate and method of apportionment of special tax approved by the qualified electors of the District and by the Board of Directors of
the Authority, acting as the legislative body of the District.
The 2005 Bonds will be issued on a parity with the Authority's Community Facilities District No. 03M 1 (Crowne Hill) Special Tax Bonds,
Series 2003MA issued August?, 2003 (the "2003 Bonds," and together with the 2005 Bonds and any future refunding bonds, the "Bonds.") The 2005
Bonds are being issued (i) to finance, either directly or indirectly, the acquisition and construction of certain street and signal improvements. storm
drain improvements, sewer and water improvements, fire protection improvements and park and recreation improvements (collectively, the
"Improvements") \vithin or in the vicinity ofthe District, (ii) to pay the costs of issuing the 2005 Bonds, and (iii) to increase the amount on deposit
in the ReselVe Fund for the Bonds. See "ESTIMATED SOURCES AND USES OF FUNDS" and "PLAN OF FINANCE; IMPROVEMENTS TO
BE FINANCED WITH PROCEEDS OF THE 2005 BONDS" herein.
The 2005 Bonds will be issued in denominations of$5,000 or integral multiples in excess thereof The 2005 Bonds, when delivered, will
be initially registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, New York. DTC will act
as securities depository for the 2005 Bonds as described herein under "THE 2005 BONDS - Book-Entry and DTC."
The 2005 Bonds are subject to optional redemption, mandatory redemptionfrom prepayments of Special Taxes and mandatory redemption
as described herein.
THE 2005 BONDS, THE INTEREST THEREON, AND ANY PREMIUMS PAYABLE ON THE REDEMPTION OF ANY OF
THE 2005 BONDS, ARE NOT AN INDEBTEDNESS OF THE AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT
SET FORTH INTHE FISCAL AGENT AGREEMENT), THE STATE OF CALIFORNIA (THE "ST A TE")ORANY OF ITS POLITICAL
SUBDIYISIONS, AND NEITHER THE AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT SET FORTH IN THE
FISCAL AGENT AGREEMENT), THE STATE NOR ANY OF ITS POLITICAL SUBDlYISIONS IS LIABLE ON THE 2005 BONDS.
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE AUTHORITY, THE DISTRICT (EXCEPT TO THE
LIMITED EXTENT SET FORTH IN THE FISCAL AGENT AGREEMENT) OR THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF IS PLEDGED TO THE PAYMENT OF THE 2005 BONDS. OTHER THAN THE SPECIAL TAXES LEYIED WITHIN THE
DISTRICT, NO TAXES ARE PLEDGED TO THE PAYMENT OF THE 2005 BONDS. THE 2005 BONDS ARE NOT A GENERAL
OBLIGATION OF THE AUTHORITY OR THE D1STRtCT, BUT ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE
SOLELY FROM THE SOIlRCES PROYIDED IN THE FISCAL AGENT AGREEMENT.
TIlis cover page contains certain informationfor quick reference only. It is not a summary of ti,e issue. Potential investors must read
the entire Official Statement to obtain information essential to the making of an informed investment decision with respect to tlte 2005 Bonds.
Investment in the 2005 Bonds involves risks which may not be appropriateforsome investors. See "BONDOWNERS' RISKS" herein for a
discw'!>-;Ofl a/special risk/actors thaI should be considered in evaluating tire investment quality o/tlre 2005 Bonds.
MATURITY SCHEDULE
(See Inside Cover)
Please refer to the inside cover page for a summary of the principal amounts, interest rates, and reoffering yields for the 2005 Bonds.
The 2005 Bonds are offered when, as and if issued and accepted by the Underwriter, subject to approval as to their legality by Quint &
Thimmig LLP, San Francisco, California, Bond Counsel, and subject to certain other conditions. McFarlin & Anderson LLP, Lake Forest, California
is acting as Disclosure Counsel. Certain legal matters will be passed on for the Authority and the District by Richards, Watson & Gershon, Los
Angeles, California, acting as general counsel to the Authority. 11 is anticipated that the 2005 Bonds, in book-entry form, will be available for
delivery to DTC in New York, New York on or about August LJ, 2005.
Stone & Youngberg LLC
Dated: August ~, 2005
* Preliminary, subject to change.
MATURITY SCHEDULE
$
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1
(CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
$
Serial Bonds
Yield
%
Base CUSIP" No.
CUSlpK Maturity
No.t (September I)
20[5
2016
2017
2018
2019
2020
2021
2022
Maturity
(September I)
2006
2007
2008
2009
20]0
2011
20]2
2013
2014
Principal Interest
Amount Rate
$ %
Principal
Amount
$
Interest
Rate
%
Yield
%
eus!p)!)
No,t
$
$
_% Ternl 2005 Bonds due September L 20_" Yield_% CUSIP" No.t
_% Term 2005 Bonds due September 1, 2035, Yield_% CUSIPJt; No.t
*
Preliminary, subject to change.
CUSIP@ A registered trademark of the American Bankers Association. Copyright <Q 1999-2005 Standard &
Poor's,_a Division of The McGraw-Hili Companies, Inc. CUSIpE' data herein is provided by Standard & Poor's
CUSIpoo Service Bureau. This data is not intended to create a database and does not serve in any way as a
substitute for the CUSlplC Service Bureau. CUSIp1ilnumbers are provided for convenience of reference only.
Neither the Temecula Public Financing Authority nor the Underwriter takes any responsibility for the accuracy
of such numbers.
t
Thefollowing language to be inserted b)Nhe printer, in red, at the top of the POSfront cover:
PRELIMINARY OFFICIAL STATEMENT DATED
,2005
The/allowing language fo be inserted by the printer, in red, vertically along the left margin afthe POSfront cover:
This Official Statement and the information contained herein are subject to completion or amendment. Under no
circumstances shall this Official Statement constitute an offer to sell or-a solicitation of an offer to buy nor shall there
be any sale of these securities in any jurisdiction in which such offer. solicitation or sale would be unlawful.
TEMECULA PUBLIC FINANCING AUTHORITY
BOARD OFDJRECTORS
Jeff Com ere hero, Chairperson
Ron Roberts, Vice Chairperson
Maryann Edwards, Member
Michael S. Naggar, Member
Charles W. Washington, Member
AUTHORITY STAFF
Shawn Nelson, Executive Director and City Manager
Genie Roberts, Authority Treasurer and City Finance Director
Susan Jones, Authority Secretary and City Clerk
SPECIAL SERVICES
Bond Connsel
Quint & Thimmig LLP
San Francisco, California
Authority Counsel
Richards, Watson & Gershon
A Professional Corporation
Los Angeles, California
Disclosure Counsel
McFarlin & Anderson LLP
Lake Forest, California
Special Tax Consnltant
Canty Engineering Group, Inc.
Riverside, California
Financial Advisor to the Anthority
Fieldman, Rolapp & Associates
Irvine, California
Fiscal Agent
U.S. Bank National Association
Los Angeles, California
Appraiser
Stephen G. White, MAl
Fullerton, California
NO DEALER, BROKER, SALESPERSON OR ANY OTHER PERSON HAS BEEN
AUTHORIZED TO GIVE ANY fNFORMA TION OR MAKE ANY REPRESENTATION WITH RESPECT
TO THE 2005 BONDS, OTHER THAN AS CONTAINED IN THIS OFFICIAL STATEMENT, AND, IF
GIVEN OR MADE, ANY SUCH INFORMATION OR REPRESENTATION MUST NOT BE RELIED
UPON AS HAVING BEEN AUTHORIZED BY THE AUTHORITY, THE DISTRICT OR THE
UNDERWRITER. THIS OFFICIAL STATEMENT DOES NOT CONSTITUTE AN OFFER OF ANY
SECURITIES OTHER THAN THOSE DESCRIBED ON THE COVER PAGE OR AN OFFER TO SELL
ORA SOLICITATION OF AN OFFER TO BUY NOR SHALL THERE BE ANY OFFER, SOLICITATION
OR SALE OF THE 2005 BONDS BY ANY PERSON IN ANY JURISDICTION IN WHICH IT IS
UNLA WFUL TO MAKE SUCH OFFER, SOLICITATION OR SALE. THIS OFFICIAL STATEMENT
IS NOT TO BE CONSTRUED AS A CONTRACT WITH THE PURCHASERS OF THE 2005 BONDS.
Statements contained in this Officiai Statement which involve time estimates, forecasts or matters
of opinion, whether or not eXfressly so described herein, are intended solely as such and are not to be
construed as representations 0 fact. The information set forth herein has been furnished by the Authority,
the District, or other sources which are believed to be reliabie, but it is not guaranteed as to accuracy or
completeness. The Underwriter has provided the following sentence for inclusion in this Official Statement:
The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of,
its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of
this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information.
The information and expressions of opinion herein are subject to change without notice and neither the
delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any
implication that there has been no change in the affairs of the District or any other entity described herein
since the date hereof.
This Official Statement is submitted in connection with the sale of securities referred to herein and
may not be reproduced or be used, as a whole or in part, for any other purpose.
IN CONNECTION WITH THE OFFERING OF THE 2005 BONDS, THE UNDERWRITER MAY
OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET
PRICE OF THE 2005 BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL
IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT
ANY TIME. THE UNDERWRITER MAY OFFER AND SELL THE 2005 BONDS TO CERTAIN
DEALERS AND DEALER BANKS AND BANKS ACTING AS AGENT AND OTHERS AT PRICES
LOWER THAN THE PUBLIC OFFERING PRICES STATED ON THE COVER PAGE HEREOF AND
SAID PUBLIC OFFERING PRICES MAY BE CHANGED FROM TIME TO TIME BY THE
UNDERWRITER.
THE 2005 BONDS HA VENOT BEEN REGISTERED UNDER THE SECURITIES ACTOF 1933,
AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH ACT. THE 2005
BONDS HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY
STATE.
TABLE OF CONTENTS
Paee
INTRODUCTION ................................................................... I
General ..................................................................... I
The Authority ................................................................ I
The Community Facilities District ................................................ I
Purpose of the 2005 Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Sources of Payment for the 2005 Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Tax Exemption ............................................................... 4
Risk Factors Associated with Purchasing the 2005 Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Forward Looking Statements .................................................... 4
Professionals fnvolved in the Offering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Other Infonnation ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
CONTINUING DISCLOSURE ........................................................ 5
PLAN OF FINANCE; IMPROVEMENTS TO BE FINANCED
WITH PROCEEDS OF THE 2005 BONDS ........................................ 5
ESTIMATED SOURCES AND USES OF FUNDS ......................................... 6
THE 2005 BONDS .................................................................. 6
Description of the 2005 Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Debt Service Schedule ......................................................... 8
Tenns of Redemption .......................................................... 9
Transfer and Exchange of Bonds ................................................ II
Book-Entry and DTC ......................................................... II
SECURITY FOR THE BONDS ....................................................... II
General .................................................................... II
Special Taxes ............................................................... II
Estimated Debt Service Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Rate and Method . . . .. . .. . .. . . . . .. . .. . . .. . .. .. .. . . . .. . .. . . . . . .. . . . .. . .. .. .. ... 14
Special Taxes and the Teeter Plan ............................................... 17
Proceeds of Foreclosure Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
Special Tax Fund ............................................................ 18
Bond Fund. . . . . . . . . . . . .. . . .. .. . . . . .. .. . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . .. .. .. 18
Investment of Moneys in Funds ................................................. 19
Rebate Requirement .......................................................... 19
Parity Bonds ................................................................ 19
THE AUTHORITY ......................... . .. . . . .. .. . . . . .. .. . . . . . . . . . . . .. .. . . .. . .. 19
Authority for Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20
THE COMMUNITY FACILITIES DISTRICT............................................ 21
Location and Description of the District...... ............ ..... ... ........ .... ..... 21
Specific Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21
Environmental Conditions ..................................................... 21
Other Matters ............................................................... 22
Acquisition ofImprovements ................................................... 23
Description of Project .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Estimated Special Tax Allocation by Property Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
Historical Delinquency fnfonnation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Appraised Property and Assessed Market Value .................................... 28
Property Ownership .......................................................... 29
Direct and Overlapping Debt ................................................... 32
Overlapping Assessment and Community Facilities Districts .......................... 34
Other Overlapping Direct Assessments ........................................... 34
Transportation Unifonn Mitigation Fee; Multi-Species Habitat Conservation Plan ......... 34
BONDOWNERS' RISKS ............................................................ 35
Risks of Real Estate Secured Investments Generally ..... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35
Concentration of Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
-i-
Failure to Develop Properties ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
Special Taxes Are Not Personal Obligations ....................................... 36
The Bonds Are Limited Obligations ofthe District .................................. 36
Appraised Values; Assessed Value-to-Lien Ratios. . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . .. 36
Land Development ..............................:............................ 37
Burden of Parity Liens, Taxes and Other Special Assessments on the Taxable Property ..... 38
Disclosure to Future Purchasers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
Local, State and Federal Land Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
Endangered and Threatened Species. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
Hazardous Substances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
Levy and Collection of the Special Tax; Insufficiency of the Special Tax. . . . . . . . . . . . . . . .. 40
Exempt Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
Depletion of Reserve Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4]
Potential Delay and Limitations in Foreclosure Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . .. 41
Bankruptcy and Foreclosure Delay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42
Payments by FDIC and Other Federal Agencies .................................... 42
Payment of Special Tax Not a Personal Obligation of the Property Owners. . . . . . . . . . . . . .. 43
Factors Affecting Parcel Values and Aggregate Value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43
No Acceleration Provisions .................................................... 44
Community Facilities District Formation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
Billing of Special Taxes ....................................................... 44
Collection of Special Tax ...................................................... 44
Right to Vote on Taxes Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45
Ballot Initiatives and Legislative Measures ........................................ 45
Limited Secondary Market .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
Loss of Tax Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
Limitations on Remedies ...................................................... 46
LEGAL MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
Legal Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
Tax Exemption .............................................................. 46
Original Issue Discount: Premium Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
IRS AuditofTax-Exempt Bond Issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
No Lll1gattOn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
No General Obligation of the Authority or the District ............................... 47
NO RATINGS..................................................................... 48
UNDER WRITING. . . . . . . .. . . . . . . .. . . . . . . . .. .. . . . .. . . . . . . . . . . .. . . .. . . . . . . . . . . . . . .... 48
PROFESSIONAL FEES ............................................................. 48
MISCELLANEOUS ................................................................ 48
APPENDIX A -
APPENDIX B -
General Information About the City ofTemecula . . . . . . . . . . . . . . . . . . . . . . . .. A-I
Temecula Public Financing Authority Community Facilities District No.
03-1 (Crowne Hill) Rate and Method of Apportionment of Special Tax ....... B-1
Summary Appraisal Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. C-]
Summary of Certain Provisions of the Fiscal Agent Agreement ............. 0-1
Form of Community Facilities District Continumg Disclosure Agreement..... E-l
Form of Opinion of Bond Counsel.............. ............ ........... F-I
Book-Entry System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. G-l
APPENDIX C -
APPENDIX D -
APPENDIX E -
APPENDIX F -
APPENDIX G -
-ii-
REGIONAL AND AERIAL MAP
[Regional and Aerial Map to be provided by Stone & Youngberg LLC]
OFFICIAL STATEMENT
$
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-]
(CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
INTRODUCTION
This introduction is not a summary of this Official Statement. It is only a brief description of and
guide to, and is qualified by, more complete and detailed information contained in the entire Official
Statement, including the cover page and appendices hereto, and the documents summarized or described
herein. A full review should be made of the entire Official Statement. The offering of the 2005 Bonds to
potential investors is made only by means of the entire Official Statement
General
This Official Statement, including the cover page and appendices hereto, is provided to furnish
information regarding the issuance and sale by the Temecu]a Pubhc Financing Authority (the "Authority"),
on behalf ofthe Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill)
(the "District") of$ . aggregate principal amount of the Temecula Public Financing Authority
Community Facilities District No. 03-] (Crowne Hill) Special Tax Bonds, Series 2005-B (the "2005 Bonds").
The 2005 Bonds are issued pursuant to the Act (as defined below) and a Fiscal Agent Agreement,
dated as of June 1,2003 (the "Original Fiscal Agent Agreement"), by and between the Authority, for and on
behalf of the District, and U.S. Bank National Association, as Fiscal Agent (the "Fiscal Agent"), as
supplemented by the First Supplemental Fiscal Agent Agreement, dated as of August], 2005, by and between
the Authority and the Fiscal Agent (the "First Supplemental Fisca] Agent Agreement" and together with the
Original Fiscal Agent Agreement, the "Fiscal Agent Agreement"). See "THE AUTHOR]TY - Authority for
Issuance" herein. On August 7, 2003, the Authority issued $]2,155,000 ag~regate principal amount of its
Community Facilities District No. 03-] (Crowne Hill) Special Tax Bonds, Senes 2003-A (the "2003 Bonds").
The Authority may issue additional bonds ("Parity Bonds") secured under the Fisca] Agent Agreement on
a parity with the 2003 Bonds and the 2005 Bonds for refunding purposes only. "Bonds" means the 2003
Bonds, the 2005 Bonds and any such Parity Bonds, as defined herein.
Capitalized tenns used in this Official Statement and not otherwise defined herein have the meanings
given such tenns in the Fisca] Agent Agreement, some of which are set forth in Exhibit D hereto "Summary
of Certain Provisions of the Fiscal Agent Agreement."
The Authority
The Authority was fonned on April 10, 2001, pursuant to a Joint Exercise of Powers Agreement
between the City of Temecula, California (the "City") and the Redeve]opment Agency of the City of
Temecula, in accordance with Articles] through 4 (commencing with Section 6500) of Chapter 5, Division 7,
Title ] of the Government Code of the State of California. See "THE AUTHORITY" and "THE
COMMUNITY FACfLlT]ES DlSTR]CT."
The Community Facilities District
The District was formed and established by the Board of Directors of the Authority on March 25,
2003 pursuant to the Mello-Roos Community Facilities Act of] 982, as amended (Section 533] I et seq. of
the California Government Code, and referred to herein as the "Act"), following a public hearing and a
landowner election at which the qualified electors of the District, by more than a two-thirds vote, authorized
the District to incur bonded indebtedness in the aggregate not-to-exceed amount of$25,OOO,000 and approved
the levy of special taxes (the "Special Taxes") on certain real property located in the District.
* Preliminary, sUQjcct to change.
Once duly established, a community facilities district is a legally constituted governmental entity
established for the purpose of financing specific facilities and services within defined boundaries. Subject
to approval by a two-thirds vote of the qualified voters within a community facilities district and compliance
with the provisions of the Act, a community facilities district may issue bonds and may levy and collect
special taxes to repay such bonded indebtedness and interest thereon.
The District is comprised of approximately 26] .91 net acres of primarily developed contiguous land
located on the east side of the City, in the south-westerly portion of the County of Riverside (the "County").
The District lies within the area ofthe master-planned community known as "Crowne Hill" and is part of the
specific plan area known as "Butterfield Stage Ranch" (Specific Plan 226) (the "Butterfield Stage Ranch
Specific Plan") adopted by the County in ]987. (The City was not incorporated at that time.) The District
is bounded generally on the west by Butterfield Stage Road, on the north by Pauba Road and on the south
by Route 79. The District consists of property containing approximately 796 home sites of which 760 homes
have been completed, 18 homes are under construction and 18 home sites are vacant. The District is part of
an approximately] ,054 residential unit master-planned community. ]ncluded within the master-planned
community (but not within the boundaries ofthe District) is an approximately II-acre school site on which
an elementary school will open in the fall of 2005, two neighborhood park sites (3.5-acres and 5.2-acres,
respectively), plus many other open space/greenbelt/slope areas and five private homeowner park sites. These
improvements [have] been completed. Approximately 249 home sites at the southerly end of the master-
planned community are occupied and are not part of the District.
As of June], 2005, there were two major landowners within the District: (i) Greystone Homes, Inc.,
a Delaware corporation ("Greystone Homes"), which owned property containing 8 home sites of which all
8 homes were then under construction and in escrow to homeowners; and (ii) Crowne Hill Reserve 28, LLC,
a California limited liability company ("Crowne Hill Reserve 28, LLC"), which owns property expected to
contain 28 estate home sites for which Craftsmen Homes, LLC, a California limited hability company
("Craftsmen Homes, LLC"), acts as the developer for the construction, or sale to others for construction, of
the estate homes. Craftsmen Homes Communities, Inc., a California corporation acts as the general contractor
for construction. The balance of the taxable property is owned by individual homeowners. Subsequent to
June], 2005, Greystone Homes closed escrow on the 8 homes which had been under construction on June
1,2005. See "THE COMMUNITY F AC]L1TIES DISTRICT - Property Ownership."
Purpose of the 2005 Bonds
The 2005 Bonds are being issued (i) to finance, either directly or indirectly, the acquisition and
construction of certain street and signal tmprovements, storm drain improvements, sewer and water
improvements, fire protection improvements and park and recreation improvements (collectively, the
"Improvements") to be located within or in the vicinity ofthe District, (ii) to pay the costs of issuing the 2005
Bonds and (iii) to increase the amount on deposit in the Reserve Fund for the 2005 Bonds. See "PLAN OF
FINANCE; IMPROVEMENTS TO BE FINANCED WITH PROCEEDS OF THE 2005 BONDS" herein.
Sources of Payment for the 2005 Bonds
The Bonds are secured by and payable from a first pledge of "Special Tax Revenues," defined in the
Fiscal Agent Agreement as the proceeds of the Special Taxes received by the Authority, including any
scheduled payments thereof and any prepayments thereof, interest thereon and proceeds of the redemption
or sale of property sold as a result offoreclosure of the lien of the Special Taxes to the amount of said lien
and interest thereon. "Special Tax Revenues" does not include any penalties collected in connection with
delinquent Special Taxes which amounts may be forgiven or disposed of by the Authority in its discretion,
and if collected, will be used in a manner consistent with the Act. "Special Taxes" are defined in the Fiscal
Agent Agreement as the special taxes levied within the District pursuant to the Act, the ordinance adopted
by the ]egislative body of the District providing for the levy of the Special Taxes and the Fiscal Agent
Agreement. The Special Taxes are levied in accordance with the Rate and Method of Apportionment of
Special Tax (the "Rate and Method") recorded as a lien on the property pursuantto the Notice of Special Tax
Lien.
Pursuant to the Act, the Rate and Method, the Resolution of Formation (as defined herein) and the
Fiscal Agent Agreement, so long as any Bonds are outstanding, the Authority will annually levy the Special
Tax against the land within the District not exempt from Special Taxes under the Act and the Rate and
Method ("Taxable Property") in accordance with the proceedings for the authorization and issuance of the
Bonds and with the Rate and Method, to make provision for the collection of the Special Tax in amounts
which will be sufficient to (a)(i) pay debt service on all Bonds, ifany, for the calendar year that commences
2
in such Fiscal Year, (ii) pay Administrative Expenses and (iii) pay any amounts required to establish or
replenish any bond or interest rate reserve funds for any Outstanding Bonds, less (b) a credit for funds
available to reduce the annual Special Tax levy under the Fiscal Agent Agreement. See "SECURITY FOR
THE BONDS - Special Taxes and the Teeter Plan" herein.
The Rate and Method establishes two zones within the District. Zone I encompasses the 584 lots
located in the eastem portion of the District. Zone 2 encompasses the 212 lots located in the western portion
of the District. The Rate and Method exempts from the Special Tax up to 93.41 acres of Public Property
and/or Property Owner Association Property within Zone I of the District and up to 30.43 acres of Public
Property and/or Property Owner's Association Property within Zone 2 ofthe District. See "SECURITY FOR
THE BONDS - Rate and Method" and "BONDOWNERS' RISKS - Exempt Properties."
The Authority has also covenanted in the Fiscal Agent Agreement to cause foreclosure proceedings
to be commenced and prosecuted against certain parcels with delinquent installments ofthe Special Tax. For
a more detailed description of the foreclosure covenant, see "SECURITY FOR THE BONDS - Proceeds of
Foreclosure Sales."
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE AUTHORITY,
THE DISTRICT (EXCEPT TO THE LIMITED EXTENT DESCRIBED HEREIN) OR THE STATE
OF CALIFORNIA (THE "STATE") ORANY POLITICAL SUBDIVISION THEREOF IS PLEDGED
TOTHE PA YMENTOFTHE BONDS. OTHER THAN THE SPECIAL TAXESOFTHE DISTRICT,
NO TAXES ARE PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT A
GENERAL OBLIGATION OF THE AUTHORITY OR THE DISTRICT, BUT ARE LIMITED
OBLIGATIONS OF THE DISTRICT PA Y ABLE SOLELY FROM THE SOURCES PROVIDED IN
THE FISCAL AGENT AGREEMENT.
Appraisal
An appraisal prepared by an MAl appraiser of the land and existing improvements for the
development within the District dated June I, 2005 (the "Appraisal"), has been prepared by Stephen G.
White, MAl of Fullerton, California (the "Appraiser") in connection with the issuance of the 2005 Bonds.
The subject property includes property proposed for development of796 single-family residential home sites.
The purpose of the appraisal was to estimate the market value of the "as is" condition of the estate lots, ] 0
of which have homes under construction, and 18 of which are vacant. The Appraisal also considers the
assessed values for the remaining 768 homes in the District. These homes are located within 7 different
tracts, with 760 of the homes completed and 8 homes under construction as of June 1,2005. The Appraisal
is based on certain assumptions, including the existing and proposed District financings, together with the
overall tax rate to future homeowners of approximately 1.3 to 1.5%, including the Special Taxes. Subject
to these assumptions, the Appraiser estimated that the fee simple market value of the 28 estate lots and the
assessed value of the remaining 768 homes within the District (subject to the lien ofthe Special Taxes) as of
May 15,2005, was as follows:
Tract Name
No. Lots
Market Value
The Reserve
28
$13,980,000
Tract Name
Stratford
Nottingham
Astoria
Carlyle
Fainnont
Knightsbridge
Hampton
No. Lots
Assessed Value (A V)
$32,586,433
34,418,046
29,574,577
25,182,509
28,650,467
40,243,376
30.438.094
$221,093,502
114
119
III
100
112
127
~
768
3
Sale Price or
Assessed Value
$57,117,500
51,878,389
62,280,759
41,657,929
46,613,158
41,519,704
33.153.875
$334,221,314
The fee simple market value of the 28 estate lots includes the value of grading and infrastructure
improvements completed as of the date of value, the improvements to be financed by the Bonds and an
estimate of the costs of construction of the 10 homes under construction. The market values and assessed
values reported in the Appraisal result in an estimated value-to-lien ratio ranging from : I' to : I',
calculated with respect to the Bonds. The value-to-lien ratios of individual parcels wiflcITffer from the
foregoing aggregate value-to-Iien ratio. See"BONDOWNERS' RISKS- Appraised Values; Assessed Value-
to-Lien Ratios" and "BONDOWNERS' RISKS - Burden of Parity Liens, Taxes and Other Special
Assessments on the Taxable Property" herein and APPENDIX C - "Summary Appraisal Report" appended
hereto for further information on the Appraisal and for limiting conditions relating to the Appraisal.
Tax Exem ption
In the opinion of Quint & Thimmig LLP, San Francisco, California, Bond Counsel, subject, however,
to certain qualifications described herein, under existing law, interest on the 2005 Bonds is excludable from
gross income of the owners thereof for federal income tax purposes and is not included as an item of tax
preference in computing the federal alternative minimum tax for individuals and corporations under the
Internal Revenue Code of 1986, as amended, but is taken into account in computing an adjustment used in
determining the federal alternative minimum tax for certain corporations. In the further opinion of Bond
Counsel, such interest is exempt from Califomia personal income taxes. See "LEGAL MA TTERS- Tax
Exemption" herein.
Risk Factors Associated with Purchasing the 2005 Bonds
Investment in the 2005 Bonds involves risks that may not be appropriate for some investors. See the
Section ofthis Official Statement entitled "BONDO WNERS' RISKS" for a discussion of certain risk factors
which should be considered, in addition to the other matters set forth herein, in considering the investment
quality of the 2005 Bonds.
Forward Looking Statements
Certain statements included or incorporated by reference in this Official Statement constitute
"forward-looking statements" within the meanmg of the United States Private Securities Litigation Reform
Act of 1995, Section 21 E ofthe United States Securities Exchange Act of! 934, as amended, and Section 27 A
of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the
terminology used such as a "plan," "expect," "estimate," "project," "budget" or sImilar words. Such forward.
looking statements include, but are not limited to certain statements contained in the information under the
caption "THE COMMUNITY FACILITIES DISTRICT - Property Ownership" therein.
THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED
IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS,
UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS,
PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MA TERlALL Y DIFFERENT FROM ANY
FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH
FORWARD-LOOKING STATEMENTS. NEITHER THE AUTHORITY NOR THE DlSTRfCT PLANS
TO ISSUE ANY UPDATES OR REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET
FORTH IN THIS OFFICIAL STATEMENT.
Professionals Involved in the Offering
U.S. Bank National Association, Los Angeles, California, will serve as the fiscal agent, paying agent,
registrar, authentication and transfer agent, and dissemination agent for the 2005 Bonds and will perform the
functions required of it under the Fiscal Agent Agreement for the payment ofthefrincipal of and mterest and
any premium on the 2005 Bonds and all activities related to the redemption 0 the 2005 Bonds. Quint &
Thimmig LLP, San Francisco, California is serving as Bond Counsel to the Authority. McFarlin & Anderson
LLP, Lake Forest, California, is acting as Disclosure Counsel to the Authority.
Canty Engineering Group, fnc., Riverside, California, acted as special tax consultant to the District.
Fieldman, Rolapp and Associates, Irvine, California, acted as Financial Advisor to the Authority. The
appraisal work was done by Stephen G. White, MAl of Fullerton, California.
* PreliminaI)', subject to change.
4
Payment of the fees and expenses of Bond Counsel, Disclosure Counsel, the Fiscal Agent and the
Underwriter, and of a portion of the fees and expenses of the Financial Advisor and the Special Tax
Consultant, is contingent upon the sale and delivery of the 2005 Bonds.
Other Information
This Official Statement speaks only as of its date, and the information contained herein is subject to
change. Brief descriptions of the 2005 Bonds, certain sections of the Fiscal Agent Agreement, security for
the 2005 Bonds, special risk factors, the Authority, the District, information regarding the development plan
for the property owned by Crowne Hill Reserve 28, LLC and other information are included in this Official
Statement. Such descriptions and information do not purport to be comprehensive or definitive. The
descriptions herein of the 2005 Bonds, the Fiscal Agent Agreement, and other resolutions and documents are
qualified in their entirety by reference to the complete texts of the 2005 Bonds, the Fiscal Agent Agreement,
such resolutions and other documents. All such descriptions are further qualified in their entirety by reference
to laws and to principles of equity relating to or affecting generally the enforcement of creditors' rights.
Copies of such documents may be obtained upon written request from the Temecula Public Financing
Authority, 43200 Business Park Drive, Temecula, California 92590 Attention: Treasurer. The Authority may
charge for copying and mailing any documents requested.
CONTINUING DISCLOSURE
The Authority. The Authority has covenanted for the benefit of the owners of the 2005 Bonds to
provide annually certain financial information and operating data relating to the 2005 Bonds, the District,
ownership and development of the property in the District which is subject to the Special Tax, the occurrence
of delinquencies in payment ofthe Special Tax, and the status of foreclosure proceedings, if any, respecting
Special Tax delinquencies (the "Authority Annual Report"), and to provide notice ofthe occurrence of certain
enumerated events, if material. Such information is to be provided by the Authority not later than eight
months after the end of the Authority's Fiscal Year (which currently would be March I), commencing with
the reports for the 2004-05 Fiscal Year. The Authority, the City and related entities have never failed to
comply in all material respects with any previous undertakings with regard to said Rule to provide annual
reports or notices of material events.
Filing of District Annual Reports; Form of Reports. Each Annual Report will be filed by the Fiscal
Agent, as dissemination agent, with each Nationally Recognized Municipal Securities Information Repository
and with each State Repository, if any. These covenants have been made in order to assist the Underwriter
in complying with Securities and Exchange Commission Rule 15c2-12(b)(5):provided, however, a default
under the Continuing Disclosure Agreement will not, in itself, constitute a default under the Fiscal Agent
Agreement, and the sole remedy under the Continuing Disclosure Agreement in the event of any failure of
the Authority or the Dissemination Agent to comply with the Continuing Disclosure Agreement will be an
action to compel performance. For a complete listing of items of information which will be provided in the
Authority Annual Reports, see APPENDIX E - "Form of Community Facilities District Continuing
Disclosure Agreement."
PLAN OF FINANCE; IMPROVEMENTS TO BE FINANCED
WITH PROCEEDS OF THE 2005 BONDS
Acquisition or Construction of Improvements. Proceeds of the 2005 Bonds in the amount of
$ will be applied to acquire or construct certain street and signal improvements, storm drain
improvements, sewer and water improvements, fire protection improvements and park and recreation
improvements (collectively, the "Improvements") to be constructed within or in the vicinity of the District.
For a list of the Improvements, see "THE COMMUNITY FACILITIES DISTRICT - Acquisition of
Improvements."
The balance ofthe proceeds of the 2005 Bonds will be used (i) to pay the costs of issuing the 2005
Bonds and (ii) to increase the amount on deposit in the Reserve Fund for the Bonds.
The Authority has entered into a Joint Community Facilities Agreement between the Authority and
the City whereby the City agrees to accept dedication of certain facilities financed by the District. The
Authority has entered into an Acquisition Agreement between the Authority and Lennar Homes of California,
Inc. ("Lennar Homes") providing for the acquisition by the Authority from Lennar Homes of certain public
5
facilities. The Authority has entered into a Joint Community Facilities Agreement among the Authority, the
Eastern Municipal Water District ("EMWD"), and Lennar Homes pursuant to which EMWD will accept
certain completed sewer facilities financed by the District and will apply Bond proceeds to the construction
of other facilities. The Authority has entered into a Joint Community Facilities Agreement among the
Authority, the Rancho California Water District, and Lennar Homes, pursuant to which Rancho California
Water District will accept certain completed water facilities financed by the District and will apply Bond
proceeds to the construction of other facilities. The Authority has entered into a Joint Community Facilities
Agreement between the Authority and the California Department of Transportation ("CDOT"), pursuant to
which the COOT will accept certain completed facilities financed by the District.
ESTIMATED SOURCES AND USES OF FUNDS
The proceeds from the sale of the 2005 Bonds will be deposited into the respective accounts and
funds established by the Authority under the Fiscal Agent Agreement, as follows:
SOURCES
Principal Amount of2005 Bonds
Less: Net Original Issue Discount
Less: Underwriter's Discount
$
Total Sources
$
USES
Deposit into Improvement Fund'!)
Deposit into Reserve Fund
Deposit into Cost ofIssuance Fund(2)
$
Total Uses
$
(OJ
'"
See "PLAN OF FtNANCE; IMPROVEMENTS TO BE FINANCED WITH PROCEEDS OF THE 2005 80NDS" above.
Includes, among other things, the fees and expenses of Bond Counsel, Disclosure Counsel, the Financial Advisor, the
Special Tax Consultant and the Fiscal Ag~nt, the cost of printing the Preliminary and final Official Statements and
reimbursement to the District and Lennar Homes for costs advanced towards the issuance of Bonds.
THE 2005 BONDS
Description ofthe 2005 Bonds
The 2005 Bonds will be dated their date of delivery and will bear interest at the rates per annum set
forth on the cover page hereof, payable semiannually on each March 1 and September I, commencing on
March 1, 2006 (each, an "Interest Payment Date"), and will mature in the amounts and on the dates set forth
on the inside cover page hereof. The 2005 Bonds will be issued in fully registered form in denominations
of$5,000 each or any integral multiple thereof and when delivered, will be registered in the name of Cede &
Co., as nominee of The Depository Trust Company ("DTC"), New York, New York. DTC will act as
securities depository for the 2005 Bonds. Ownership interests in the 2005 Bonds may be purchased in book-
entry form only, in denominations of$5,OOO or any integral multiple thereofwithin a single maturity. So long
as the 2005 Bonds are held in book-entry form, principal of, premium, ifany, and interest on the 2005 Bonds
will be paid directly to DTC for distribution to the beneficial owners of the 2005 Bonds in accordance with
the procedures adopted by DTC. See "THE 2005 BONDS - Book-Entry and DTC."
The 2005 Bonds will bear interest at the rates set forth on the cover hereof payable on the Interest
Payment Dates in each year. Interest will be calculated on the basis of a 360-day year comprised of twelve
30-day months. Each 2005 Bond shall bear interest from the March I or September I (each an "Interest
Payment Date") next precedinll the date of authentication thereof unless (i) it is authenticated on an Interest
Payment Date, in which event tt shall bear interest from such date of authentication, or (ii) it is authenticated
prior to an Interest Payment Date and after the close of business on the Record Date (as defined below)
preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date,
or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event
6
it shall bear interest from the Bond Date; provided, however, that if at the time of authentication of a Bond,
interest is in default thereon, such 2005 Bond shall bear interest from the Interest Payment Date to which
interest has previously been paid or made available for payment thereon.
The principal of, and interest and premium, ifany, payable on the 2005 Bonds shall be payable when
due, by wire transfer of the Fiscal Agent, to The Depository Trust Company, New York, New York ("DTC"),
which will in turn remit such principal, interest and premium, if any, to its Participants (as described in
APPENDIX G - "Book-Entry System"), which Participants will in turn remit such principal, interest and
premium, ifany, to the Beneficial Owners (as defined in APPENDIX G - "Book-Entry System") ofthe 2005
Bonds.
In the event that the 2005 Bonds are not registered in the name of Cede & Co., as nominee ofDTC
or another eligible depository as described below, both the principal and redemption price, including any
premium, of the 2005 Bonds shall be payable by check in lawful money of the United States of America upon
presentation of the 2005 Bonds at the principal office of the Fiscal Agent as specified in the Fiscal Agent
Agreement; and interest on the 2005 Bonds (including the final interest payment upon maturity or earlier
redemption) is payable by check ofthe Fiscal Agent mailed on the Interest Payment Dates by first class mail
to the registered owner thereof at such registered owner's address as it appears on the registration books
maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment
Date, or by wire transfer to an account within the United States of America made on such Interest Payment
Date upon written instructions of any Bondowner of $1 ,000,000 or more in aggregate principal amount of
2005 Bonds received before the applicable Record Date, which instructions shall continue in effect until
revoked in writing, or until such 2005 Bonds are transferred to a new Bondowner.
The 2005 Bonds are issuable only as fully-registered bonds without coupons in denominations of
$5,000 or any integral multiple of $5,000 in excess thereof.
The registered owner of any 2005 Bond will be the person or persons in whose name or names a 2005
Bond is registered on the registration books kept for that purpose by the Fiscal Agent in accordance with the
terms of the Fiscal Agent Agreement. The "Record Date" with respect to any 2005 Bonds, means the
fifteenth day of the month next preceding the month ofthe applicable Interest Payment Date, whether or not
such day is a Business Day.
So long as the 2005 Bonds are in book-entry only form, all references in this Official Statement
to the owners or holders of the 2005 Bonds means DTC and not the Beneficial Owners.
7
Debt Service Schedule
The following table presents the annual debt service on the 2005 Bonds (including sinking fund
redemptions), assuming that there are no optional redemptions or mandatory redemptions from prepayments
of special taxes.
Year Ending
September I Principal
2006 $
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
$
Total
Debt Service
Interest
$
$
$
$
8
Terms of Redemption
The 2005 Bonds are subject to redemption upon the circumstances, on the dates and at the prices
set forth as follows.
Optional Redemption'. The 2005 Bonds maturing on or after September I, 2006 are subject to
optional redemption prior to their stated maturity on any fnterest Payment Date on or after September I,
20 ,as a whole, or in part among maturities so as to maintain substantially level debt service on the Bonds
andby lot within a maturity, at a redemption price (expressed as a percentage ofthe principal amount ofthe
2005 Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for
redemption:
Redemption Date
March I, 2006 through March I, 2015
September 1,2015 and any Interest Payment
Date thereafter
Redemption Price
102%
100
Mandatory Sinking Payment Redemption. The 2005 Bonds maturing on September I, 20 , are
subject to mandatory sinking payment redemption in part on September I, 20_, and on each September I
thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed,
together with accrued interest to the date fixed for redemption, without premium, from sinking payments
as follows:
Redemption Date
20
20
20_ (maturity)
Sinking Payments
$
The 2005 Bonds maturing on September I, 20_, are subject to mandatory sinking payment
redemption in part on September 1,20_, and on each September 1 thereafter to maturity, by lot, at a
redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the
date fixed for redemption, without premium, from sinking payments as follows:
Sinking Fund
Redemption Date
20
20
20
20
20
20
20_ (maturity)
Sinking Payments
$
The amounts in the foregoing tables shall be reduced to the extent practicable so as to maintain level
debt service on the 2005 Bonds as a result ofany prior partial redemption ofthe 2005 Bonds pursuant to an
optional redemption or mandatory redemption from prepaid Special Taxes as specified in writing by the
Treasurer to the Fiscal Agent.
* Preliminary, subject to change.
9
Redemptionfrom Special Tax Prepayments'. Special Tax Prepayments and any corresponding
transfers from the Reserve Fund shall be used to redeem the 2005 Bonds on the next Interest Payment Date
for which notice of redemption can timely be given, by lot and allocated among maturities ofthe 2005 Bonds
so as to maintain substantially level debt service on the Bonds, at a redemption price (expressed as a
percentage at the principal amount of the 2005 Bonds to be redeemed), as set forth below, together with
accrued interest to the date fixed for redemption:
Redemption Date
March 1,2006 through March 1,2015
September 1,2015 and any Interest Payment
Date thereafter
Redemption Price
]02%
100
Purchase In Lieu of Redemption. In lieu of any redemption, moneys in the Bond Fund may be used
and withdrawn by the Fiscal Agent for purchase of Outstanding 2005 Bonds, upon the filing with the Fiscal
Agent of an officer's certificate requesting such purchase, at public or private sale as and when, and at such
prices (including brokerage and other charges) as such officer's certificate may provide, but in no event may
Bonds be purchased at a price in excess ofthe principal amount thereof, plus interest accrued to the date of
purchase and any premium which would otherwise be due if such 2005 Bonds were to be redeemed in
accordance with the Fiscal Agent Agreement
Notice of Redemption. The Fiscal Agent shall cause notice of any redemption to be mailed by first
class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed
for redemption, to the Underwriter, to the Securities Depositories, to one or more Infonnation Services, and
to the respective registered Bondowners of any 2005 Bonds designated for redemption, at their addresses
appearing on the Bond registration books in the principal office of the Fiscal Agent; but such mailing shall
not be a condition Frecedent to such redemption and failure to mail or to receive any such notice, or any
defect therein, shal not affect the validity ofthe proceedings for the redemption of such Bonds.
Such notice shall state the redemption date and the redemption price and, ifless than all ofthe then
Outstanding 2005 Bonds are to be called for redemption, shall designate the CUSJP@ numbers and Bond
numbers of the 2005 Bonds to be redeemed by giving the individual CUSIP@numberand Bond number of
each 2005 Bond to be redeemed or shall state that all 2005 Bonds between two stated Bond numbers, both
inclusive, are to be redeemed or that all of the 2005 Bonds of one or more maturities have been called for
redemption, shall state as to any 2005 Bond called in part the principal amount thereof to be redeemed, and
shall require that such 2005 Bonds be then surrendered at the principal office of the Fiscal Agent for
redemption at the said redemption price, and shall state that further interest on such 2005 Bonds will not
accrue from and after the redemption date.
Partial Redemption. Whenever provision is made in the Fiscal Agent Agreement for the redemption
of less than all of the Bonds or any given portion thereof, the Fiscal Agent shall select the Bonds to be
redeemed, from all Bonds or such given portion thereof not previously called for redemption, among
maturities as directed in writing by the Treasurer (who shall specifY Bonds to be redeemed so as to maintain,
as much as practicable, the same debt service profile for the Bonds as in effect prior to such redemption,
unless otherwise specified herein), and by lot within a maturity in any manner which the Fiscal Agent deems
appropriate.
Upon surrender of Bonds redeemed in part only, the Authority shall execute and the Fiscal Agent
shall authenticate and deliver to the registered Bondowner, at the expense of the Authority, a new Bond or
Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal
to the unredeemed portion of the Bond or Bonds.
Effect of Redemption. From and after the date fixed for redemption, if funds available for the
payment ofthe principal of, and interest and any premium on, the 2005 Bonds so called for redemption shall
have been deposited m the Bond Fund, such 2005 Bonds so called shall cease to be entitled to any benefit
under the Fiscal Agent Agreement other than the right to receive payment of the redemption price, and no
interest shall accrue thereon on or after the redemption date specified in such notice.
* Preliminary, subject to change.
10
Transfer and Exchange of Bonds
Any 2005 Bond may, in accordance with the terms of the Fiscal Agent Agreement, be transferred
upon the books ofthe Fiscal Agent required to be kept pursuant to the Fiscal Agent Agreement by the person
in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such 2005
Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form acceptable to
the Fiscal A~ent. The 2005 Bonds may be exchanged at the principal office of the Fiscal Agent for a like
aggregate prtncipal amount of2005 Bonds of authorized denominations and ofthe same series and maturity.
The Fiscal Agent shall collect from the Bondowner requesting such exchange any tax or other governmental
charge required to be paid with respect to such transfer or exchange.
No transfer or exchange shall be required to be made of any 2005 Bonds (i) fifteen days prior to the
date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after
such Bond has been selected for redemption or (iii) between a Record Date and the succeeding Interest
Payment Date.
Book-Entry and DTC
The Depository Trust Company ("DTC"), New York, New York, will act as securities depository
for the 2005 Bonds. The 2005 Bonds will be issued as fully registered securities registered in the name of
Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized
representative ofDTC. One fully registered 2005 Bond certificate will be issued for each maturity of the
2005 Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. All
references in this Official Statement to the Bondowners or an owner of2005 Bonds shall mean DTC or its
designee and not the beneficial owners of the 2005 Bonds. See APPENDIX G - "Book-Entry System."
SECURITY FOR THE BONDS
General
The Bonds are secured by a pledge of all of the Special Tax Revenues and, all moneys deposited
in the Bond Fund, the Reserve Fund and, until disbursed as provided in the Fiscal Agent Agreement, in the
Special Tax Fund. Pursuant to the Act and the Fiscal Agent Agreement, the Authority will annually levy
in each Fiscal Year the Special Taxes in an amount required for the payment of principal of and interest on
any outstanding Bonds becomin~ due and payable during the calendar year commencing in each Fiscal Year,
including any necessary replemshment of Reserve Fund for the Bonds and an amount estimated to be
sufficientto pay the Administrative Expenses during such year. The Special Tax Revenues and all deposits
into said funds (until disbursed as provided in the Fiscal Agent Agreement) are pledged to the payment of
the principal of, and interest and any premium on, the Bonds as provided in the Fiscal Agent Agreement and
in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities (as defined
in the Fiscal Agent Agreement) have been set aside irrevocably for that purpose.
Amounts in the Administrative Expense Fund, the Cost of Issuance Fund, and the Improvement
Fund are not pledged to the repayment of the Bonds. The Improvements constructed or acquired with the
proceeds of the Bonds are not in any way pledged to pay the debt service on the Bonds. Any proceeds of
condemnation or destruction of any facilities financed with the proceeds ofthe Bonds are not pledged to pay
the debt service on the Bonds and are free and clear of any lien or obligation imposed under the Fiscal Agent
Agreement.
Special Taxes
The Authority has covenanted in the Fiscal Agent Agreement to comply with all requirements of
the Act so as to assure the timely collection of Special Taxes, including without limitation, the enforcement
of delinquent Special Taxes. The Fiscal Agent Agreement provides that the Special Taxes are payable and
will be collected in the same manner and at the same time and in the same installment as the general taxes
on real property, and will have the same priority, become delinquent at the same times and in the same
proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the
general taxes on real property; provided, the Authority may provide for direct collection at other times of
the Special Taxes in certain circumstances.
II
Because the Special Tax levy is limited to the maximum Special Tax rates set forth in the Rate
and Method, no assurance can be given that, in the event of Special Tax delinquencies, the receipts
of Special Taxes will, in fact, be collected in sufficient amounts in any given year to pay debt service
on the Bonds.
Although the Special Tax, when levied, will constitute a lien on parcels subject to taxation within
the District, it does not constitute a personal indebtedness of the owners of property within the District.
There is no assurance that the owners of real property in the District will be financially able to pay the
annual Special Tax or that they will pay such tax even if financially able to do so. See "BONDOWNERS'
RISKS" herein.
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE
AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT DESCRIBED HEREIN)
OR THE STATE OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE
PAYMENT OF THE BONDS. OTHER THAN THE SPECIAL TAXES OF THE DISTRICT, NO
TAXES ARE PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT A
GENERAL OBLIGATION OF THE AUTHORITY OR THE DISTRICT, BUT ARE LIMITED
OBLIGATIONS OF THE DISTRICT PAYABLE SOLEL Y FROM SOURCES PROVIDED IN THE
FISCAL AGENT AGREEMENT.
12
Estimated Debt Service Coverage
The following table illustrates the estimated coverage for the debt service on the 2003 Bonds and
the 2005 Bonds. In the event of delinquencies in Special Tax payments received by the Authority, the
estimated coverage ratios may not be achieved. See the table captioned "Historical Delinquency
Infonnation" under "THE COMMUNITY FACILITIES DISTRICT" for information of historical Special
Tax delinquencies in the District.
Table I
Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill)
Estimated Debt Service Coverage
Aggregate
Debt Service
Total
Debt Service
Coverage
Net Taxesl')
2003 Bonds
Debt Service
2005 Bonds
Debt Service
Year
2006
2007
2008
2009
2010
2011
2012
2013
2014
20]5
20]6
2017
2018
20]9
2020
202]
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
(I) Net Taxes (Gross Taxes less Administrative Expenses) based on property categorized as Developed Property or
Approved Properly in the District as of May 15,2005.
Source: Canty Engineering Group, Inc.
13
In the event that delinquencies occur in the receipt ofthe District's Special Taxes in any fiscal
year, the Authority may increase the Special Tax levy in the following fiscal year up to maximum
amount permitted under the Rate and Method. Although the Special Tax levy may be increased, Net
Taxes resulting from the increase would not be available to cure any delinquencies for a period of one
year or more. In addition, an increase in the Special Tax rates may adversely affect the ability or
willingness of property owners to pay their Special Taxes. See "SECURITY FOR THE BONDS-
Rate and Method," "BONDOWNERS' RISKS-Insufficiency oftheSpecial Tax" and APPENDIX B-
"Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Rate and
Method of Apportionment of Special Tax" hereto for a description ofthe District's procedures for
levying Special Taxes.
Rate and Method
General. The Special Tax is levied and collected according to the Rate and Method set forth in
APPENDIX B - "Temecuia Public Financing Authority Community Faciiities District No 03-1 (Crowne
Hill) Rate and Method of Apportionment of Special Tax." The qualified electors of the District approved
the Rate and Method on March 25, 2003. Capitalized tenns used in the following paragraphs but not defined
herein have the meanings given them in the Rate and Method.
The Rate and Method provides the means by which the Board of Directors of the Authority may
annually levy the Special Taxes within the District up to the Maximum Special Tax. The Rate and Method
provides that the Annual Special Tax may not be levied after Fiscal Year 2043-44.
Special Tax Requirement. Annually, at the time of levying the Special Tax for the District, the
Authority will determine the amount of money to be collected from Taxable Property in the District (the
"Special Tax Requirement"), which will be the amount required in any Fiscal Year to pay the following:
(i) the annual debt service on all outstanding Bonds due in the calendar year which commences
in such Fiscal Year;
(ii) periodic cost on the Bonds, including, but not limited to, credit enhancement and rebate
payments on the Bonds;
(iii) Administrative Expenses;
(iv) an amount equal to any anticipated shortfall due to Special Tax delinquency in the prior
Fiscal Year; and
(v) any amount required to establish or replenish any reserve funds for the outstanding Bonds;
less
(vi) a credit for funds available to reduce the annual Special Tax levy as detennined pursuant
to the Fiscal Agent Agreement.
Developed and Undeveloped Property; Exempt Property. The Rate and Method declares that for
each Fiscal Year, all Parcels of Taxable Property within the District of each Zone shall be classified as either
Developed Property, Approved Property, Undeveloped Property, Public Property and/or Property Owner's
Association Property that is not Exempt Property and shall be subject to the levy of Special Taxes in
accordance with the Rate and Method.
(i) "Taxable Prooertv" means all Parcels in the District which have not prepaid pursuant to the
Rate and Method, or are not exempt from the Special Tax pursuant to law or the Rate and
Method.
(ii) "Develooed Prooertv" means all Parcels of Taxable Property, not classified as Approved
Property, Undeveloped Property, Public Property and/or Property Owner's Association
Property that are not Exempt Property pursuant to the provisions ofthe Rate and Method,
(i) that are included in a Final Map that was recorded prior to the January I preceding the
Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new
construction has been issued prior to April I preceding the Fiscal Year in which the Special
Tax is being levied.
14
(iii)
(iv)
(v)
(vi)
(vii)
"Aooroved Prooe!:';''' means for the any Fiscal Year, all Parcels ofTaxable Property: (i) that
are included in a Fmal Map that was recorded prior to the January I preceding the Fiscal
Year in which the Special Tax is being levied and (Ii) for which a buildin~ permit was not
issued prior to the April I preceding the Fiscal Year in which the Spectal Tax is being
levied.
"Public Prooertv" means any property within the boundary of the District which, as of
January I ofthe preceding Fiscal Year for which the Special Tax is being levied is used for
rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered
for dedication to the federal government, the State of California, the County, City or any
other iocal jurisdiction, provided, however, that any property leased by a public agency to
a private entity and subject to taxation under Section 53340.1 of the Act shaii be taxed and
classified according to its use.
"Undevelooed Prooertv" means all Taxable Property not classified as Developed Property,
Approved Property, Public Property and/or Property Owner Association Property that is not
Exempt Property (as defined in the Rate and Method).
"Zones" means Zone 1 or Zone 2 as geographicaiiy identified on the boundary map of the
District attached to the Rate and Method.
"Exemptions" is defined to include the foiiowing:
Zone 1. The Rate and Method provides that no Special Tax shaii be levied on up to 93.41
acres of Public Property and/or Property Owner Association Property within Zone 1 of the District.
The District Administrator will assign tax-exempt status in the chronological order in which
property becomes Public Property and/or Property Owner's Association Property within Zone 1.
Once an Assessor's Parcel has been classified as Public Property, its tax-exempt status will be
permanent, independent ofits future uses. Public Property includes property used for rights-of-way
or any other purpose and owned by, dedicated to, or irrevocably offered for dedication to the federal
government, the State, the County, the City or any other local jurisdiction. After the limit of93.41
acres within Zone I of the District has been reached, the Maximum Special Tax obligation for any
additional Public Property and/or Property Owner's Association Property shall be prepaid in full
pursuant to the Rate and Method, prior to the transfer of dedication of such property. Until the
Maximum Special Tax obligation is prepaid as provided in the preceding sentence, the Public
Property and/or Property Owner's Association Property within the District shaii be subject to the
levy of the Special Tax as provided for in the Rate and Method.
Zone 2. The Rate and Method provides that no Special Tax shaii be levied on up to 30.43
acres of Public Property and/or Property Owner Association Property within Zone 2 ofthe District.
The District Admmistrator will assign tax-exempt status in the chronological order in which
property becomes Public Property and/or Property Owner's Association Property within Zone 2.
Once an Assessor's Parcel has been classified as Public Property, its tax-exempt status will be
permanent, independent of its future uses. After the limit of 30.43 acres within Zone 2 of the
District has been reached, the Maximum Special Tax obligation for any additional Public Property
and/or Property Owner's Association Property shall be prepaid in full pursuant to the Rate and
Method, prior to the transfer of dedication of such property. Until the Maximum Special Tax
obligation is prepaid as provided in the preceding sentence, the Public Property and/or Property
Owner's Association Property within the District shaii be subject to the levy of the Special Tax as
provided for in the Rate and Method.
Maximum Special Tax. The Maximum Special Tax is defined in the Rate and Method as follows:
(i) Undevelooed Property and Aporoved Propertv:
Zone 1. The Maximum Special Tax for each Parcel of Undeveloped Property and
Approved Property within Zone I shall be $5,547 per acre.
Zone 2. The Maximum Special Tax for each Parcel of Undeveloped Property and
Approved Property within Zone 2 shaii be $8,519 per acre.
15
Developed Propertr,: The Maximum Special Tax for each Parcel of Residential Property
within tts applicab e Zone that is classified as Developed Property shall be the greater of
(i) the applicable Assigned Special Tax described in the Rate and Method or (ii) the amount
derived by application of the Backup Special Tax. The Maximum Special Tax for each
Parcel of Non-Residential Property shall be the Assigned Special Tax described in the Rate
and Method. The Assigned Annual Special Tax for Developed Property ranges from $308
fora muitifamily residential unitto $5,136 perresidential unit in Zone 1 and from $473 for
a multifamily residential unit to $1,927 per residential unit in Zone 2. See APPENDIX B
- "Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne
Hill) Rate and Method of Apportionment of Special Tax - Table I" herein for a listing of
the Assigned Annual Special Tax rates for various sizes of units in each Zone.
Zone 1 Backup Special Tax. The Backup Special Tax shall be $5,547 per acre for Parcels of
Residential Property that are included in a Final Map.
(ii)
Zone 2 Backup Special Tax. The Backup Special Tax shall be $8,519 per acre for Parcels of
Residential Property that are inciuded in a Final Map.
Method of Apportionment. The Rate and Method provides that for each Fiscal Year, the Authority
shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the Special Tax
Requirement in accordance with the following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property
at up to 100% of the applicable Assigned Special Tax rate in Tables I or 2 of the Rate and Method
as needed to satisfy the Special Tax Requirement;
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of
Approved Property at up to 100% of the Maximum Special Tax for Approved Property;
Third: Ifadditional moneys are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of
Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property;
Fourth: Ifadditional moneys are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax to be levted on each Parcel of Developed
Property whose Maximum Special Tax is derived through the application ofthe Backup Special Tax
shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax
for each such Parcel; and
Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
four steps have been completed, then the Special Tax shall be levied Proportionately on each Parcel
of Public Property and/or Property Owner Association Property that is not Exempt Property at up
to 100% pursuant to the provtsions of the Maximum Special Tax.
Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel
of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of
delinquency or default by the owner of any other Parcel within the District.
Prepayment of Maximum Special Taxes. The Maximum Special Tax obligation for a Parcel of
Developed Property, Approved Property for which a building permit has been issued or Public Property
and/or Property Owner's Association Property that is not Exempt Property may in certain circumstances be
prepaid in whole or in part, provided that there are no delinquent Special Taxes, penalties, or interest charges
outstanding with respect to such Parcel at the time the Annual Special Tax obligation would be prepaid. The
Prepayment Amount for an applicable Parcel after the issuance of2005 Bonds is calculated based on Bond
Redemption Amounts and other costs, all as specified in APPENDIX B - "Temecula Public Financing
AuthOrIty Community Facilities District No. 03-1 (Crowne Hill) Rate and Method of Apportionment of
Special Tax - Section H" herein. Any such prepayment will result in a redemption of Bonds prior to
maturity. See "THE 2005 BONDS - Terms of Redemption."
16
Special Taxes and the Teeter Plan
The County has adopted a Teeter Plan as p'rovided for in Section 4701 et seq. of the California
Revenue and Taxatton Code, under which a tax distnbution procedure is implemented and secured roll taxes
are distributed to taxing agencies within the County on the basis ofthe tax levy, rather than on the basis of
actual tax collections. By policy, the County does not include assessments, reassessments and special taxes,
including the Special Taxes of the District, in its Teeter program.
Proceeds of Foreclosure Sales
Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the
Special Tax, the District may order the institution of a Superior Court action to foreclose the lien therefor
within specified time limits. In such an action, the real property subject to the unpaid amount may be sold
at judicial foreclosure sale. Such judicial foreclosure action is not mandatory. Under the Fiscal Agent
Agreement, on or about February 15 and June 15 of each Fiscal Year, the Treasurer shall compare the
amount of Special Taxes theretofore levied in the District to the amount of Special Tax Revenue theretofore
received by the Authority, and:
Individual Delinquencies. If the Treasurer determines that any single parcel subject to the
Special Tax in the District is delinquent in the payment of Special Taxes in the aggregate amount
of$2,500 or more, then the Treasurer will send or cause to be sent a notice of delinquency (and a
demand for immediate payment thereof) to the property owner within 45 days of such
determination, and (if the delinquency remains uncured) foreclosure proceedings will be
commenced by the Authority within 90 days of such determination. Notwithstanding the foregoing,
the Treasurer may defer such action if the amount in the Reserve Fund is at least equal to the
Reserve Requirement.
Aggregate Delinquencies. Ifthe Treasurer determines that(i) the total amount of delinquent
Special Tax for the prior Fiscal Year for the entire District (including total individual delinquencies
described above) exceeds 5% of the total Special Tax due and payable for the prior Fiscal Year or
(ii) there are ten (10) or fewer owners of real property in the District, determined by reference to the
latest available secured property tax roll of the County, the Treasurer shall notify or cause to be
notified property owners who are then delinquent in the payment of Special Taxes (and demand
immediate payment of the delinquency) withm 45 days of such determination, and the Authority
will commence foreclosure proceedings within 90 days of such determination against each parcel
ofland in the District with a Special Tax delinquency.
It should be noted that any foreclosure proceedings commenced as described above could be stayed
by the commencement of bankruptcy proceedings by or against the owner of the delinquent property. See
"BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delay."
No assurances can be given that ajudicial foreclosure action, once commenced, will be completed
or that it will be completed in a timely manner. See "BONDOWNERS' RISKS - Potential Delay and
Limitations in Foreclosure Proceedings." If a judgment of foreclosure and order of sale is obtained, the
judgment creditor (the District) must cause a Notice of Levy to be issued. Under current law, a judgment
debtor (property owner) has 120 days from the date of service of the Notice of Levy and 20 days from the
subsequent notice of sale in which to redeem the property to be sold. Ifajudgment debtor fails to so redeem
and the property is sold, his only remedy is an action to set aside the sale, which must be brought within 90
days ofthe date of sale. If, as a result of such action, a foreclosure sale is set aside, the judgment is revived
and the judgment creditor is entitled to interest on the revived judgment as if the sale had not been made.
The constitutionality of the aforementioned legislation, which repeals the former one-year redemption
period, has not been tested; and there can be no assurance that, iftested, such legislation will be upheld. Any
parcel subject to foreclosure sale must be sold at the minimum bid price unless a lesser minimum bid price
tS authorized by the owners of75% of the principal amount of the Bonds Outstanding.
No assurances can be given that the real property subject to sale or foreclosure will be sold or,
if sold, that the proceeds of sale will be sufficient to pay any delinquent Special Tax installment. The
Act does not require the Authority or the District to purchase or otherwise acquire auy lot or parcel
of property offered for sale or subject to foreclosure ifthere is no other purchaser at such sale. The
17
Act does specify that the Special Tax will have the same lien priority in the case of delinquency as for
ad valorem property taxes.
If delinquencies in the payment of Special Taxes exist, there could be a default or delay in payments
to the Bondowners ofthe Bonds pending prosecution offoreclosure proceedings and receipt by the District
of foreclosure sale proceeds, ifany. However, within the limits of the Rate and Method of Apportionment
and the Act, the District may adjust the Special Taxes levied on all property within the District in future
Fiscal Years to provide an amount, taking into account such delinquencies, required to pay debt service on
the Bonds. There is, however, no assurance that the maximum Special Tax rates will be at all times
sufficient to pay the amounts required to be paid on the Bonds by the Fiscal Agent Agreement.
Special Tax Fund
Pursuant to the Fiscal Agent Agreement, all Special Tax Revenues received by the District will be
deposited in the Special Tax Fund, which will be held by the Fiscal Agent on behalf ofthe District. Moneys
in the Special Tax Fund shall be held in trust by the Fiscal Agent for the benefit of the District and the
Bondowners. Pending disbursement, moneys in the Special Tax Fund will be subject to a lien in favor of
the Bondowners and the District established under the Fiscal Agent Agreement.
Disbursements. Moneys in the Special Tax Fund will be disbursed as needed to pay the obligations
of the District as provided in the Fiscal Agent Agreement. The Authority shall promptly remit any Special
Tax Revenues received by it to the Fiscal Agent for deposit by the Fiscal Agent to the Special Tax Fund.
Any Special Tax Revenues constituting payment of the portion of the Special Tax levy for Administrative
Expenses shall be deposited by the Treasurer in the Administrative Expense Fund and any proceeds of
Special Tax Prepayments shall be transferred by the Treasurer to the Fiscal Agent for deposit by the Fiscal
Agent directly in the Special Tax Prepayments Account established in the Bond Fund.
On each Interest Payment Date, the Fiscal Agent shall withdraw from the Special Tax Fund and
transfer the following amounts in the following order of priority (i) to the Bond Fund an amount, taking into
account any amounts then on deposit in the Bond Fund and any expected transfers from the Improvement
Fund, the Reserve Fund, and the Special Tax Prepayments Account to the Bond Fund, such that the amount
in the Bond Fund equals the principal (including any sinking payment), premium, if any, and interest due
on the Bonds on such Interest Payment Date and (ii) to the Reserve Fund an amount, taking into account
amounts then on deposit in the Reserve Fund, such that the amount in the Reserve Fund is equal to the
Reserve Requirement.
Investment. Moneys in the Special Tax Fund will be invested and deposited by the Authorized
Officer as described in "Investment of Moneys in Funds" below. Interest earnings and profits resulting from
such investment and deposit will be retained in the Special Tax Fund to be used for the purposes of such
Fund.
Bond Fund
The Fiscal Agent will hold the Bond Fund in trust for the benefit of the Bondowners. There is
created in the Bond Fund, as separate accounts to be held by the Fiscal Agent, and the Special Tax
Prepayments Account. Moneys in the Bond Fund and the accounts therein shall be disbursed for the
payment of the principal of, and interest and any premium on, the Bonds and for the other purposes as
provided below, and, pending such disbursement, shall be subject to a lien in favor of the owners of the
Bonds.
Special Tax Prepayments Account. Moneys in the Special Tax Prepayments Account shall be
transferred by the Fiscal Agent to the Bond Fund on the next date for which notice of redemption of Bonds
can timely be given under the Fiscal Agent Agreement and shall be used (together with any applicable
amounts transferred form the Reserve Fund) to redeem Bonds on the applicable redemption date.
Bond Fund. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund
and pay to the owners of the Bonds the principal, and interest and any premium, then due and payable on
the Bonds, including any amounts due on the Bonds by reason of the sinking payments or an optional
redemption ofthe Bonds. In the event that amounts in the Bond Fund are insufficient for the purposes set
forth in the preceding sentence, the Fiscal Agent shall withdraw from the Reserve Fund to the extent of any
18
funds therein amounts to cover the amount of such Bond Fund insufficiency. If, after the foregoing
transfers, there are insufficient funds in the Bond Fund to make the payments provided for above, the Fiscal
A~ent shaIl apply the available funds first to the payment of interest on the Bonds, then to the payment of
pnncipal due on the Bonds other than by reason of sinking payments, and then to the payment of principal
due on the Bonds by reason of sinking payments. Any sinking payment not made as scheduled shaIl be
added to the sinking payment to be made on the next sinking payment date.
Investment. Moneys in the Bond Fund, and the Special Tax Prepayments Account shall be invested
and deposited in accordance with the provisions of the Fiscal Agent Agreement relating to Investment of
Moneys. See APPENDIX D - "Summary of Certain Provisions of the Fiscal Agent Agreement."
Investment of Moneys in Funds
Moneys in any fund or account created or established by the Fiscal Agent Agreement and held by
the Fiscal Agent will be invested by the Fiscal Agent in Permitted Investments, as directed by an Authorized
Officer, that mature prior to the date on which such moneys are required to be paid out under the Fiscal
Agent Agreement. In the absence of any direction from an Authorized Officer, the Fiscai Agent will invest,
to the extent reasonably practicable, any such moneys in money market funds rated in the highest rating
category by Moody's or S&P, (including those for which the Fiscal Agent or its affiliates or its subsidiaries
provide investment, advisory or other services). See APPENDIX D - "Summary of Certain Provisions of
the Fiscal Agent Agreement" for a definition of "Permitted Investments."
Rebate Requirement
The Authority is required to calculate excess investment earnings ("Excess Investment Earnings")
in accordance with the requirements set forth in the Fiscal Agent Agreement. The Authority shall calculate
Excess Investment Earnings and if necessary may use amounts in the Administrative Expense Fund and in
the Reserve Fund, and any other funds available to the District, including amounts advanced by the
Authority, in its sole discretion, to be repaid by the District as soon as practicable from amounts described
in the preceding clause, to satisfY its obligations under Section 148(1) of the Code.
Parity Bonds
The Authority may issue one series of bonds (the "Parity Bonds"), in addition to the 2003 Bonds
and the 2005 Bonds authorized by means ofa Supplemental Agreement (the "Supplemental Agreement")
and without the consent of any Bondowners, upon compliance with the proviSIOns of the Fiscal Agent
Agreement, provided such Parity Bonds are issued for refunding purposes only.
Nothing in the Fiscal Agent Agreement shaIl prohibit the Authority from issuing bonds or otherwise
incurring debt secured by a pledge of Special Tax Revenues subordinate to the pledge thereof.
THE AUTHORITY
The Temecula Public Financing Authority was established pursuant to a Joint Exercise of Powers
Agreement, dated April 10, 2001 (the "Joint Powers Agreement"), by and between the City and the
Redevelopment Agency of the City ofTemecula. The Joint Powers Agreement was entered into pursuant
to the provisions of Articles I through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title I
of the Government Code of the State of California. The Authority was fonned for the primary purpose of
assisting in the financing and refinancing of public capital improvements in the City.
The Authority is administered by a five-member Board of Directors, which currently consists ofthe
members of the City Council of the City. The Authority has no independent staff. The Executive Director
of the Authority is the City Manager of the City, and the Treasurer of the Authority is the City's Finance
Director. The Executive Director administers the day-to-day affairs ofthe Authority, and the Treasurer has
custody of all money of the Authority from whatever source.
19
Authority for Issuance
The 2005 Bonds are issued pursuant to the Act and the Fiscal Agent Agreement. In addition, as
required by the Act, the Board of Directors of the Authority has taken the following actions with respect to
establishing the District and authorizing issuance of the 2005 Bonds: .
Resolutions of Intention: On January 23, 2003, the Board of Directors of the Authority adopted
Resolution No. TPF A 03- I stating its intention to establish the District and to authorize the levy ofa sl?ecial
tax therein, and on the same day the Authority adopted Resolution No. TPF A 03-02 stating its intentton to
incur bonded indebtedness in an amount not to exceed $25,000,000 within the District for the purpose of
financing the cost of certain I?ublic improvements (the "Faciiities") and to eiiminate an existing special
assessment lien (the "Prior Lien"). The Prior Lien was prepaid with proceeds of the 2003 Bonds. See
"PLAN OF FINANCE; fMPROVEMENTS TO BE FfNANCED WITH PROCEEDS OF THE 2005
BONDS" herein.
Resolution of Formation: Immediately following the conclusion of a noticed public hearing on
March 25, 2003, the Authority adopted Resolution No. TPF A 03-05 (the "Resolution of Formation"), which
established the District and authorized the levy of a special tax within the District.
Resolution of Necessity: On March 25, 2003, the Authority adopted Resolution No. TPFA 03-06
declaring the necessity to incur bonded indebtedness in an amount not to exceed $25,000,000 within the
District and submitting that proposition to the qualified electors of the District.
Resolution Calling Election: On March 25, 2003, the Authority adopted Resolution No. TPF A 03-
O? calling an election by the landowners for the same date on the issues ofthe levy of the Special Tax, the
incurring of bonded indebtedness and the establishment of an appropriations limit.
Landowner Election and Declaration of Results: On March 25, 2003, an election was held within
the District in which the landowners eligible to vote, being the qualified electors within the District,
unanimously waived all time limits for holding the election and ballot arguments, and approved a ballot
proposition authorizing the issuance of up to $25,000,000 in bonds to finance the costs of the Facilities and
the costs of eliminating the Prior Lien, the levy of a special tax and the establishment of an appropriations
limit for the District. On March 25, 2003, the Authority adopted Resolution No. TPF A 03-08, pursuant to
which the Authority approved the canvass of the votes and declared the District to be fully formed with the
authority to levy the Special Taxes, to incur the bonded indebtedness and to have the established
appropriations limit. The landowner election was ratified at proceedings conducted on May 13,2003.
Special Tax Lien and Levy: A Notice of Special Tax Lien was recorded in the real property records
of Riverside County on April 4, 2003 as Document No. 2003-238653. An Amended Notice of Special Tax
Lien was recorded in the real property records of Riverside County on May 19,2003 as DocumentNo. 2003-
358388.
Ordinance Levying Special Taxes: On April 8, 2003, the Authority adopted an ordinance levying
the Special Tax within the District.
Resolution Authorizing Issuance of the 2005 Bonds: On July [26], 2005, the Authority adopted
Resoiution No. TPF A 05-_ approving issuance ofthe 2005 Bonds.
20
THE COMMUNITY FACILITIES DISTRICT
Location and Description ofthe District
The District consists of land located in the easterly portion of the City of Temecula, in the
southwesterly portion of the County. The District is bounded generally on the west by Butterfield Stage
Road, on the north by Pauba Road and by Route 79 on the south. The property within the District is
governed by the Butterfield Stage Ranch Specific Plan.
As of May 15, 2005, 760 homes were constructed and owned by individual homeowners and 8
homes were under construction by Greystone Homes. In addition, Crowne Hill Reserve 28, LLC owns
property containing 28 estate home sites (approximately 101.6 net acres). There were 3 models and 10
production estate homes under construction by Craftsmen Homes on behalf ofCrowne Hill Reserve 28, LLC
and the remaining 18 lots were in near-finished lot condition. Subsequent to June 1,2005, Greystone Homes
closed escrow on the 8 homes which had been under construction on June I, 2005. See "THE
COMMUNITY FACILITIES DISTRICT - Property Ownership" herein.
Utility services for parcels in the District are provided by Southern California Edison (electricity),
Southern Caltfornia Gas Company (natural gas), CR&R Disposal (refuse collection), EMWD (sewage),
Rancho California Water District (water), Riverside County Flood Control District (storm water), Adelphia
(cable-Zone I), Media One (cable-Zone 2) and Verizon (telephone). Schools are located in the Temecula
Valley Unified School District.
Specific Plan
The Butterfield Stage Ranch Specific Plan was adopted in November 1987 by the County. The
Butterfield Stage Ranch Specific Plan serves as a planning guide for development of the property in the
District. The Butterfield Stage Ranch Specific Plan development concept includes residential
neighborhoods, landscape buffers, homeowners' association private-owned park sites, open space and
equestrian trails.
Environmental Conditions
Environmental Impact Report. fn connection with the Butterfield Stage Ranch Specific Plan
approval, the owner at that time was responsible for the application and processing of Environmental Impact
Report No. 230 (the "EIR") for the property encompassed by the Butterfield Stage Ranch Specific Plan. The
EIR was certified March 1988 (SCH NO. 87030927). A Phase I Environmental Site Assessment was
approved in November 1997. The Phase I Environmental Site Assessment identified dumped material
located throughout the property and a former above ground storage tank site and vault area in the eastern
portion ofthe site, north of Lisa Road and Cee Cee Lane. The report concluded that the site had a low risk
of contamination. The identified materials have been removed by a prior owner and Lennar Homes is not
aware of any adverse conditions relating to the property.
Endangered Species Act Permit. On July 23, 2002, Lennar Homes assumed PCC Ill's obligations
under Endangered Species Act Pennit TE03500-0. Lennar Homes was responsible for implementing
remaining measures and Lennar Communities completed the remaining measures. The permit authorizes
incidental take of certain federally threatened species, including coastal California gnatcatcher, endangered
species including Quino checkers pot butterfly and Riverside fairy shrimp and certain listed sensitive species.
Lennar Homes is subject to compliance with, and implementation of Assessment District No. 161 Multiple
Species Subarea Habitat Conservation Plan and Implementation Agreement. The development is not within
Assessment District No. 161, but is within the Subarea Habitat Conservation Plan area. Lennar
Communities completed grading ofthe property in compliance with the applicable requirements.
Bi%gical Resources. Based upon the biological studies performed for the site, the property within
the District does not include significant onsite biological resources. The Butterfield Stage Ranch Specific
Plan proposes two public park sites (3.5-acres and 5. I-acres) and five (5) private parks to be developed
consistent with the mitigatIon requirement of the U.S. Army Corps of Engineers and State Department of
Fish and Game. [The parks have been constructed and are being maintained by Lennar Homes for the
applicable maintenance periods.] [CONFIRM]
21
Mitigation Relating to Waters of the United States of America. The U.S. Army Corps of Engineers
has jurisdiction over developments in or affecting the navigable waters of the United States of America
pursuant to the Rivers and Harbors Act and the Clean Water Act. The development within the District
impacted approximately 0.7-acre of non-vegetated water ofthe U.S. In order to compensate for the project's
impacts to water of the U.S., in August 2001, a prior owner and the U.S. Army Corps of Engineers entered
into a mitigation agreement that the owner create or restore 2.38-acres of water of the U.S., including
creation of six vegetated detention basins, and creation or restoration at four locations on-site, as stated in
the April 2003 Crowne Hill Mitigation and Monitoring Plan, a condition of the U.S. Army Corps of
Engineers, and agreed to by such agency. These four mitigation areas will be maintained as open space in
perpetuity. The period for completion of the work ends on July 9, 2004 but is subject to extension. [WAS
THE WORK COMPLETED BEFORE JULY 9, 2004?] The mitigation agreement was obtained by a prior
owner of the property and Lennar Homes assumed the agreement on July 12,2002. On July 9, 2001, the
U.S. Army Corps of Engineers determined that the activity complied with the terms and conditions of the
nationwide permit issued under Section 404 of the Clean Water Act, provided that the activity met the
criteria in the permit terms and conditions. The Section 40 I Water Quality Certification was agreed to by
the California Regional Water Quality Control Board (San Diego Division) on January 15,2002.
Streambed Alteration Agreement. A prior owner filed a request for a Section 1603 Streambed
Alteration Agreement with the California Department ofFish and Game ("CDFG"). The CDFG and Lennar
Homes (as successor to Crowne Meadows, L.P.) entered into an Agreement Regarding Proposed Stream or
Lake Alteration on February 7, 2001 to fill 0.92-acre of "waters of the State" and mitigate with three restored
drainages and one wetland basin, totaling 2.38-acres. It was assumed that the Streambed Alteration
Agreement #6-140-00 was agreed to because CDFG did not respond within the response period.
National Pollution Discharge Elimination System Permit and Storm Water Pollution Prevention
Plan. Pursuant to the Federal Clean Water Act (Section 402(g)) and State General Construction Activity
Storm Water Permit, a National Pollution Discharge Elimination System (NPDES) permit and storm water
pollution prevention plan was required from the California Regional Water Quality Control Board (San
Diego Region) for grading and construction of areas greater than five acres. Lennar Communities had a
revised Storm Water Pollution Prevention Plan prepared for the project in conformance with the California
NPDES General Permit No. CAS 000002 for Storm Water Discharges Associated with Construction Activity
(Construction Permit). The permit and storm water pollution prevention plan were approved by the
California Regional Water Quality Control Board (San Diego DiviSIOn) on February 1,2002 by Order 99-08.
The prior owner obtained a Section 401 Water Quality Certification for Discharge of dredged and/or fill
materials in June 200 I and was granted an amendment in January 2002 to use vegetated water quality basins,
continuous deflective separation (CDS) units and fossil filters. The proposed discharge from the Crowne
Hill project was to comply with the applicable provisions of the Clean Water Act.
Toxic materials are not known to have been treated, stored, disposed, spilled or leaked in significant
quantities onto the project site and no contaminated soils were found on the site. Prior to rough grading, the
land was maintained as natural open space. The property was vacant for some time before being acquired
by the current owners. No significant spills or disposals of gasoline or diesel fuel are known to have
occurred.
Other Matters
Nearby Airports. The Billy Joe Airport (private small aircraft facility) is iocated approximately one
half mile east of the District. The French Valley Airport is located approximately 4.4 miles southwest of
the District.
Additional Approvals. No additional discretionary approval is needed for development in the
District as contemplated by the EIR that would require additional environmental review by the City under
the California Environmental Quality Act.
Covenants, Conditions and Restrictions. All of the parcels in the District are subject to recorded
covenants, conditions and restrictions that provide for a levy of homeowners' association assessments, on
a basis subordinate to the lien of the Special Taxes.
22
Acquisition of Improvements
The Authority and Lennar Homes have entered into an Acquisition Agreement (the "Acquisition
Agreement") dated as of June 1,2003. Under the terms of the Acquisition Agreement, the Authority will
acquire some of the Improvements from Lennar Homes upon completion of various discrete components
of infrastructure and inspection thereof by the City. The Acquisition Agreement provides that the
infrastructure will be acquired for an amount based upon the documented Actual Cost (as defined in the
Acquisition Agreement) thereof or for such other amount as may be agreed upon by Lennar Homes and the
Authority. [DISCUSS STATUS OF IMPROVEMENTS BEING FINANCED]
Description of Project
The District is substantially built-out, with 760 of 796 homes completed. 8 production homes are
under construction by Greystone Homes. 3 models and 7 production estate homes are under construction
by Craftsmen Homes, LLC on behalf ofCrowne Hill Reserve 28, LLC. Crowne Hill Reserve 28, LLC also
owns 18 vacant estate lots. Table 2 below sets forth information regarding the projects being developed in
the District.
Table 2
Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill)
Property Ownership and Development Status
Units
Completed
Total or Under
Number Construction
Development of as of May Status of Development
Ownership Name Units 15, 2005 as of May 15,2005
Individual Stratford il4 114 Owner occupied homes.
homeowners
Individual Nottingham ] 119 119 1 production home under construction; 118
homeowners owner occupied or completed homes.
Individual Astoria2 ill III 7 production homes under construction; 104
homeowners owner occupied or completed homes.
Individual Carlyle 100 100 O\\'11er occupied homes.
homeowners
Individual Fairmant 112 il2 Owner occupied homes.
homeowners
Individual Knightsbridge 127 127 Owner occupied homes.
homeowners
Individual Hampton 85 85 Owner occupied homes.
homeowners
Crowne Hill Reserve The Reserve -.M -1.Q 3 model homes under construction; 7
28, LLC production homes under construction; 18
vacant lots.
Total 796 778
(1) One production home under construction by Greystone Homes.
owned by Greystone Homes.
7 production homes under construction by Greystone Homes.
owned by Greystone Homes.
Other recently completed homes may be
Other recently completed bomes may be
'2'
Sources: Appraisal.
23
Estimated Special Tax Allocation by Property Ownership
Based on the Appraisal, as of May 15,2005 there were approximately 3 model homes and 7 production
homes under construction by Crowne Hill Reserve 28, LLC in the Crowne Hill Reserve project, 1 production
home was under construction by Greystone Homes in the Nottingham project and 7 production homes were
under construction by Greystone Homes in the Astoria project. Special Taxes for the 760 homes completed
within the District are the responsibility of the individual homeowners or Greystone Homes in the event a
completed home has not yet closed escrow. The actual allocation to Crowne Hill Reserve 28, LLC and
Greystone Homes will depend on sales by Crowne Hill Reserve 28, LLC and Greystone Homes of completed
homes to individual homeowners during the applicable period.
24
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Table 4
Ternecuta Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill)
Projected Fiscal Year 2005-06 Special Tax Levy
Tax Rate for Eacb Land Use Category
ZONEt
FY 2005-06 Number of
Land Use Amount Levied Assigned Tax Parcels
Category Description Per Category Rate Charged
A DU with 4,300 or more Sq. Ft. $4,227 $5,136 per parcel 8
B DU with 3,7000-4,300 Sq. Ft. $2,022 $2,457 per parcel 85
C DU with 3,200-3,700 Sq. Ft. $1,858 $2,258 per parcel 88
D DU with 2,900-3,200 Sq. Ft. $1444 $1,754 per parcel 114
E DU with 2,600-2,900 Sq. Ft. $1,312 $1,594 per parcel 175
F DU with 2,300-2,600 Sq. Ft. $1,187 $1,442 per parcel 65
G DU with 2,000-2,300 Sq.. Ft. $1,174 $1,427 per parcel 29
H DU with less than 2,000 Sq. Ft. $0.00 $1,363 per parcei 0
I Multi-Family Residential $0.00 $308 per Unit 0
J Non-Residential Property $0.00 $5,547 per parcel 0
U Undeveloped $0.00 $5,547 per parcel 0
Approved - M $0.00 per lot $1,181.52 per lot 28
ZONE 2
FY 2005-06 Number of
Land Use Amount Levied Assigned Tax Parcels
Category Description Per Category Rate Charged
A DU with 3300 or more Sq. Ft. $1,586 $1,927 per parcel 16
B DU with 2,800-3,300 Sq. Ft. $1,501 $1,824 per parcel 24
C DU with 2,500-2,800 Sq. Ft. $1,267 $1,539 per parcel 13
D DU with 2,300-2,500 Sq. Ft. $1,238 $1,504 per parcei 58
E DU with 2,100-2,300 Sq. Ft. $1,182 $1,436 per parcel 41
F DU with 2,100 or iess Sq. Ft. $i,083 $1,316 per parcel 60
G Multi-Family Residential $0.00 $437 per unit 0
H Non-Residential Property $0.00 $8,519 per acre 0
U Undeveloped $0.00 $8,519 per acre 0
Approved-M $0.00 per lot $1,610.81 per iot 0
26
Table 5
Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill)
Projected Fiscal Year 2005-06 Special Tax Levy
By Zone and RMA Property Classification
Units or
Lots
FY 2005-06
Projected
Maximum
Special Tax
FY 2005-06
Projected
Assigned
Special Tax(l)
RMA Property
Classification
Taxable
Acres
DEVELOPED PROPERTY
Zone 1
Residential Property - 4,30] or more sq. ft.
Residential Property - 3,701 or more but less than 4,300 sq. ft.
Residential Property - 3,201 or more but less than 3,700 sq. ft.
Residential Property - 2,90 I or more but less than 3,200 sq. ft.
Residential Property - 2,60 I or mOTe but less than 2,900 sq. n.
Residential Property - 2,301 or more but less than 2,600 sq. ft.
Residential Property - 2,001 or more but less than 2,300 sq. ft
Residential Property - less than 2,000 sq. ft.
Multi-Family Residential Property
Non-Residential Property
Subtotal- Zone t Developed Property
40.94 8 $227,094 t 8 $33,81504
20.71 85 209,050,06 17],878.50
20.73 88 199,95309 163.53216
23.71 I t4 200,969.76 ]64,563.56
35.93 175 282.234.93 229,575.50
12.20 65 95.33995 77,139.40
5.43 29 42.134.55 34.058.18
0.00 0 0.00 0.00
0.00 0 0.00 0.00
0.00 0 0.00 0.00
159.65 564 $1,255,877.02 $874,562.34
Zone 2
UNDEVELOPED PROPERTY
DISTRICT TOTALS
3.63 t6 $33.35872 $25,374.40
5.45 24 48,347.08 36,027 .36
2.73 13 23,273.62 16,465.54
1136 58 100,676.16 7t,791.24
7.22 41 66,167.33 48,45462
10.00 60 89,656.9\ 64,983.60
0.00 0 0.00 0.00
0.00 0 0.00 0.00
40.39 212 $36t,479.81 $263,096.76
200.04 776 1,617,356.83 1,137,659.10
63.52 20 $352,345.44 $0.00
0.00 0.00 0.00 0.00
63.52 20 $352,345.44 $0.00
0.00 0 0.00 0.00
263.53 796 $1.969,702.27 $1.137.659.10
Residential Property-3,301 or more sq. ft.
Residential Property - 2,801 or more but less than 3,300 sq. ft.
Residential Property - 2,501 or more but less than 2,800 sq. ft,
Residential Property - 2,301 or more but less than 2,500 sq. ft.
Residential Property - 2, I 0 I or more but less than 2,300 sq. ft.
Residential Property. less than 2,000 sq. ft.
Multi-Family Residential Property
Non.Residential Property
Subtotal- Zone 2 Developed Property
TOTALS-DEVELOPED PROPERTY
APPROVEDPROPERTV
Zone I
Zone 2
TOTALS APPROVED PROPERTY
(I) Includes debt service plus estimated administrative expenses.
~ource: Lanty Engineering Group, Inc.
27
Historical Delinquency Information
The District commenced levying the Special Tax in Fisca] Year 2002-03. The historical delinquency
information is as follows:
Table 6
Temecula Public Financiug Authority
Community Facilities District No. 03-1 (Crowne HilI)
Historical Delinquency Information
Total Delinquency as End of Year Delinquent as of Delinquency 0/0
Levy Amount of end of Year of Levy 05/30/05 as of
Year Levied of Levy Delinquency 010 Report Date(l) Report Date
2003-04 $850,902.52 $7,601.15 0.89% $4,167.35 0.48%
2004-05 $911,826.20 $77,461.44 8.5% $77 ,461.44 8.50%
{'1lncludes delinquency infonnation through May 1,2005. Interest was capitalized through September I, 2003 and
Fiscal Year 2003-04 was the first year in which Special Taxes were levied.
:-'Ol//'ce: Canty cngineering Group, Inc.
Appraised Property and Assessed Market Value
An appraisal prepared by an MAl appraiser of the land and existing improvements for the
development within the District dated June], 2005 (the "Appraisal"), has been prepared by Stephen G.
White, MAl of Fullerton, California (the "Appraiser") in connection with the issuance of the 2005 Bonds.
The subject property includes property proposed for development of 796 sin~le-family home sites. The
Appraisal considers the assessed values for the remaining 768 homes in the Distnct. These homes are located
within 7 differenttracts, with 760 of the homes completed and 8 homes under construction as of June 1,2005.
The Appraisal also estimates the market value ofthe "as is" condition of the 28 estate lots, ] 0 of which have
homes under construction and 18 of which are vacant and in a near-finished lot condition. The Appraisal
reflects the existing and proposed District financing, together with the overall tax rate to future homeowners
of approximately 1.3 to ] .5%, including the Special Taxes. The Appraisal is based on certain assumptions.
Subject to these assumptions, the Appraiser estimated that the fee stmple market value of the 28 estate lots
within the District (subject to the lien of the Special Taxes) as of May ]5,2005, was as follows:
Tract Name
No. Lots
Market Value
The Reserve
28
$]3,980,000
The Appraisal estimated the value of the 28 estate lots in the District as "finished lots," that is, lots
that are fully improved and ready for homes to be built. This reflects that the lots have had fine grading, all
in-tract streets and utilities have been completed and fees have been paid or credited (sewer, water, road,
library, park, school, etc.) up to the stage ofpullinj> building permits (which, as described in the Appraisal
is not yet the condition of the 18 lots), less the remaming cost to the Crowne Hill Reserve 28, LLC to achieve
finished lots (based on the status of the development process as of May 15, 2005). The fee simple market
value includes an estimate ofthe costs of construction of the ] 0 homes under construction. The estimate of
value was based on fee simple ownership, subject only to easements ofrecord and the lien of the Special
Taxes and other special tax and assessment liens.
The Appraiser used a sales comparison approach to estimate the value of the land as if in a finished
condition, being finished single family lots or rough graded superpads. This approach compares recent sales
of similar residential land in the general area to the subject property, considering pertinent differences from
the sales to the land. Then, a deduction is made for the estimated remaining costs and fees to get the land
from its as is condition to finished lots.
In addition, the Appraiser has considered the assessed values for the remaining 768 homes in the
District in order to provide support that the total assessed values are well below market value. These homes
28
are located within 7 different tracts, with 760 of the homes completed and 8 homes currently under
construction. The total assessed value by tract is shown below in contrast to the total ofthe most recent sale
prices of the homes (or assessed value where a sale has not yet taken place or the actual sale price was not
available). This indicates that the total assessed values by tract range from slightly to far below the sale
prices, and it is noted that the sale prices are also well below current market value, as discussed in the
Appraisal.
Sale Price or
Tract Name No. Lots Assessed Value (A V) Assessed Value
Stratford 114 $32,586,433 $57,117,500
Nottingham 119 34,418,046 51,878,389
Astoria III 29,574,577 62,280,759
Carlyle 100 25,182,509 41,657,929
Fairmont 112 28,650,467 46,613,158
Knightsbridge 127 40,243,376 41,519,704
Hampton ~ 30.438.094 33.153.875
768 $221,093,502 $334,221,314
The District makes no representation as to the accuracy or completeness of the Appraisal. See
Appendix C hereto for more information relating to the Appraisal.
The fee simple market value of the 28 estate lots includes the value of grading and infrastructure
improvement completed as of the date of value and the improvements to be financed by the Bonds. The
market values and assessed values reported in the Appraisal result in an estimated value-to-lien ratio range
from :1' to :1' calculated with respect to the Bonds. The value-to-Iien ratios of individual parcels
will dTf'leffrom tOeloregoing aggregate value. See "BONDOWNERS' RISKS - Appraised Values; Assessed
Value-to-Lien Ratios" and "BONDOWNERS' RISKS - Burden of Parity Liens, Taxes and Other Special
Assessments on the Taxable Property" herein and APPENDIX C - "Summary Appraisal Report" appended
hereto for further information on the Appraisal and for limiting conditions relating to the Appraisal.
Property Ownership
The iriformation about Crowne Hill Reserve 28, LLe, Craftsmen Homes, LLC Craftsmen Home
Communities, Inc. contained in this Official Statement has been provided by representatives ofCrowne Hill
Reserve 28, LLC, Craftsmen Homes, LLC and Craftsmen Homes Communities, Inc. and has not been
independently confirmed or verified by the Underwriter, the District or the Authority. Such information is
included because it may be relevant to an informed evaluation of the security for the 2005 Bonds. However,
because ownership of the property may change at any time, no assurance can be given that the planned
development will occUr at all, will occUr in a timely manner Or will occUr as presently anticipated and
described below or that Crowne Hill Reserve 28, LLC will continue to own its property within the District
at all. No representation is made herein as to the accuracy or adequacy of such information, as to the
experience, abilities or financial resources ofCrowne Hill Reserve 28, LLC or any other landowner, or as
to the absence of material adverse changes in such information subsequent to the date hereof, or that the
information given below or incorporated herein by reference is correct as of any time subsequent to its date.
Crowne Hill Reserve 28, LLC, Craftsmen Homes, LLC and Craftsmen Homes Communities, Inc. are
not personally liable for payment of the Special Taxes or the Bonds, and the following iriformation should
not be construed to suggest that the Special Taxes or the Bonds are personal obligations or indebtedness of
Crowne Hill Reserve 28, LLC, Craftsmen Homes, LLC Craftsmen Homes Communities, Inc or that Crowne
Hill Reserve 28, LLC and Craftsmen Homes, LLC, will continue to own their respective parcels of land.
*Preliminary, subject to change.
29
Description of Crowne Hill Reserve 28, LLC Project.
As of May IS, 2005, these are 3 models and 7 production estate homes under construction and 18
vacant home sites. Sales prices are currently projected to range from $1,300,000 to $2,020,000.
The deveiopment which constitutes Crowne Hiil Reserve 28, LLC's project, together with the
estimated pad areas, unit sizes and base sales price range, is set forth below.
Esti mated
Lot Size Pad Size range Unit Size Estimated Base Total
Project Name (acres) (Square Fect) (Square Feet) Sales Price Range Units
The Reserve 2.\6 - 10.77 acres \3,000 to 36,000 4,981 - 6,909 $\ ,300,000 to $2,020,000 28
Status of Permits and Approvals. A final map encompassing the 28 home sites was approved by the
City Council on June 24, 2003 and was recorded by the City with the County Recorder on August 6,2003.
All backbone public improvements have been completed and Craftsmen Homes, LLC, on behalfofCrowne
Hiil Reserve 28, LLC has substantiaily completed in-tract street, sewer, water and dry utility improvements
for the detached single housing home sites. Crowne Hill Reserve 28, LLC's remaining costs relate primarily
to estate home construction costs and approximately $400,000 of in-tract improvement costs. Due to pre-
existing agreements the property within the District is not subject to the Transportation Unifonn Mitigation
Fee.
Development Budget.
It is estimated that as of May 15,2005, Crowne Hill Reserve 28, LLC had expended approximately
$850,000 in improvement costs, exclusive of land value, debt service and general and administrative costs
and had approximately $400,000 of improvement costs remaining.
Environmental Review. Most required development approvals were obtained over the last several
years. See "THE COMMUNITY FACILITIES DISTRICT - Environmental Conditions" above. The project
has satisfied reviews relating to sensitive plant or animal species on the property (among other matters). An
archaeologist was on site during grading and no artifacts were encountered. Crowne Hill Reserve 28, LLC
is not aware of any additional pennits required to proceed with development of the property other than the
usual pennits required from the City and applicable local agencies. No lots are in the I OO-year flood plain.
Plan of Finance. Crowne Hill Reserve 28, LLC has obtained acquisition and development loan
financings from PFF Bank & Trust. One acquisition and development loan for the model homes and
acquisition and development was in the amount of $4,858,290. As of May 31, 2005, the amount disbursed
was $4,394,707.18. For the first [19 homes], an acquisition and development loan was in the amount of
$14,736,000. As of May 31,2005, the amount disbursed was $6,292,064.73. An additional acquisition and
development loan will be entered into with respect to the final 9 homes. Crowne Hill Reserve 28, LLC
estimates that as of May 15,2005, the remaining in-tract costs and fees to get to finished lots, including
school fees but excluding building pennits fees was $400,000. The foregoing plans and Crowne Hill Reserve
28, LLC's projections are subject to change. There can be no assurance that Crowne Hill Reserve 28, LLC
has the willingness or ability to successfully implementthe development plans described above. In the event
that cost overruns occur which exceed the funds described above, Crowne Hill Reserve 28, LLC will need
to raise additional funds. No assurance can be given that such funds could be raised or would be raised on
a timely basis. Continued development in the portion ofthe District owned by Crowne Hill Reserve 28, LLC
may also be adversely affected by changes in general economic conditions, fluctuations in the real estate
market and other similar factors. See "BONDOWNERS' RISKS" herein for a discussion of risk factors.
Absorption. Crowne Hill Reserve 28, LLC has a projected absorption rate of approximately 7 units
per qua.rter commencing the third quarter of 2005 and concluding the second quarter of 2006 for the estate
home sItes.
The foregoing absorption estimates were provided by the Crowne Hill Reserve 28, LLC.
History of Property Tax Payment; Loan Defaults; Bankruptcy. Crowne Hill Reserve 28, LLC has
made the foilowing representations:
30
Neither Crowne Hill Reserve 28, LLC nor to Crowne Hill Reserve 28, LLC's actual
knowledge of any of its current Affiliates has ever been delinquent in the payment of any ad valorem property
taxes, special assessments or special taxes in any material amount. "AffilIate" of another Person means (a)
a Person directly or indirectly owning, controlling, or holding with power to vote, 15% or more of the
outstanding voting securities of such other Person, (b) any Person 15% or more of whose outstanding voting
securities are directly or indirectly owned, controlled, or held with power to vote, by such other Person, and
<!:J any Person directly or indirectly controlling, controlled by, or under common control with, such other
Person; for purposes hereof, "control" means the power to exercise a controlling influence over the
management or policies of a Person, unless such power is solely the result of an official position with such
Person,
neither Crowne Hill Reserve 28, LLC nor any of its Affiliates is currently in material default
on any loans, lines of credit or other obligation related to its development in the District or any of its other
projects which default would in any way materially and adversely affect its ability to develop its property in
the District as described in the Official Statement or to pay the Special Taxes for which it is responsible,
Crowne Hill Reserve 28, LLC and its Affiliates are solvent and neither Crowne Hill
Reserve 28, LLC nor any of its current Affiliates has ever filed bankruptcy or been declared bankrupt, or has
any proceeding pending or to Crowne Hill Reserve 28, LLC's actual knowledge threatened in which Crowne
Hill Reserve 28, LLC or its Affiliates may be adjudicated as bankrupt, or discharged from any or all of its
debts or obligations, and
no action, suit, proceedings, inquiry or investigations at law or in equity, before or by any
court, regulatory agency, public board or body, is pending (with service of process to Crowne Hill
Reserve 28, LLC or an Affiliate having been accomplished) against Crowne Hill Reserve 28, LLC or any
Affiliate or, to Crowne Hill Reserve 28, LLC's actual knowledge, threatened, which if successful, would
materially adversely affect the ability ofCrowne Hill Reserve 28, LLC to complete the development and sale
ofthe property currently owned within the District or to pay special taxes or ad valorem tax obligations when
due on its property within the District.
31
Direct and Overlapping Debt
Table 7 below sets forth the existing authorized indebtedness payable from taxes and assessments
that may be levied within the District prepared by Canty Engineering Group, Inc. and based on what was
levied for Fiscal Year 2004-05 (the "Debt Report"). The Debt Report is included for general information
purposes only. In certain cases, the percentages of debt calculations are based on assessed values, which will
change significantly as sales occur and assessed values increase to reflect housing values. The District
believes the information is current as of its date, but makes no representation as to its completeness or
accuracy. Other public agencies, such as the City, may issue additional indebtedness at any time, withoutthe
consent or approval of the District or the Authority. See" - Overlapping Assessment and Community
Facilities Districts" below.
The Debt Report generally includes long term obligations sold in the public credit markets by public
agencies whose boundaries overlap the boundaries of the District in whole or in part. Such long term
obligations generally are not payable from property taxes, assessment or special taxes on land in the District.
In many cases long term obltgations issued by a public agency are payable only from the general fund or
other revenues of such public agency. Additional indebtedness could be authorized by the District, the City
or other public agencies at any time.
The District has not undertaken to commission annual appraisals of the market value of property in
the District for purposes of its Annual Reports pursuant to the Continuing Disclosure Agreement, and
information regarding property values for purposes of a direct and overlapping debt analysis which may be
contained in such reports will be based on assessed values as determined by the County Assessor. See
Appendix E hereto for the form of the Continuing Disclosure Agreement.
32
Parcels Amount
Outstandine: % Aoolicable InCFD of Debt
$11,805.0oo 100.000% 666 $t 1,805,000
$11 ,805,000
Parcels Amount
Unissued % Applicable InCFD Apolicable
$12,845,000 100.000% 666 $12,845,000
$12,845,000
Table 7
Temecula Public Fiuauciug Authority
Community Facilities District No. 03-1 (Crowne Hill)
Detailed Direct and Overlapping Debt
I. Assessed Value
FISCAL YEAR 2004-2005 SECURED ROLL ASSESSED VALUATION
II. Secured Property Tax Roll as of Fiscal
Year 2004-05
Total
Description of Tax Bill ~ Parcels Tota] LeVY % Applicab]e
TEMECULA CFD 03-1 CROWNE HILL CFD 666 $911,826 ]00.000%
GENERAL PURPOSE 1% 752,870 $1,352,208.108 0,082%
TEMECULA UNIFIED SCHOOL DISTRICT GO 37,402 $4,967,930 1.072%
METROPOLITAN WTR DEBT SV GO 413,378 $4.816,962 0.133%
EASTERN MUNICIPAL WATER GO 87.505 $2.701.713 0.301%
RCWD R DlV DEBT SERVICE GO 31,371 $8,368.78 t ].644%
R&T CODE 482 PENALTY ASMNT SPCL 2.750 $682,519 0,394%
FLD CNTL STORMWA TERlCLEANWA TER SPCL 55.303 $379.533 0.294%
TEMECULA CSD SVS PARKS CSD 23.207 $2.741,382 1.]94%
TEMECULA ZONE B LMD ]8,755 $481.628 3.551%
TEMECULA ZONE C LMD 10,401 $1,198.536 9.724%
TEMECULA TRASH/RECYCLING SPCL 19,94] $3,586,588 1.058%
MWD STANDBY EAST WTR 198,189 $2,681,760 0.172%
EWMD STANDBY - COMBINED CHARGE WTR 200.143 $4,335,415 0.178%
FISCAL YEAR 2004-2005 TOTAL PROPERTY TAX LlABILlTY(1)
TOTAL PROPERTY TAX AS A PERCENTAGE OF FISCAL YEAR 2004-2005 ASSESSED V ALVA nON
III. Land Secured Bond Indebteduess
Outstanding Direct and
Overlaooine: Bonded Debt
~ Issued
TEMECULA CFD 03-1 CROWNE
ifiLL
TOTAL LAND SECURED BONDED DEBT(I)
CFD $12,155,000
Authorized Direct and
Overlaopine: Bonded Debt
TEMECULA CFD 03-1 CROWNE HILL
~ Authorized
CFD $25,000,000
TOTAL UNISSUED LAND SECURED BONDED DEBT")
TOTAL OUTSTANDING AND UNISSUED LAND SECURED BONDED INDEBTEDNESS
IV. General Obligation Bond
ludebtedness
Outstanding Direct and
Overlaooine: Bonded Debt
Parcels
InCFD
666
666
666
666
356
666
8
294
666
666
666
211
666
666
$110,790,145
Levy Amount
$911,826
$1.105.361
$53.238
$6.407
$8.121
$137.596
$2,688
$1,1 t5
$32,735
$17,103
$] 16,550
$37,950
$4,622
$7,726
$2,443,038
2.2]%
$24.650,000
Parcels Amount
Tvoe Issued Outstandine: % Apolicable [nCFD of Debt
GO $65,000,000 $46,385,000 1.072% 666 $497,080
GO $130,932,007 $1 t9,748.297 1.644% 666 $ t ,968,845
GO $850,000,000 $447,475,000 0.007% 666 $33,542
GO $35,430.000 $4,435,000 0.301% 356 $t3,33t
$2,499,467
TEMECVLA UNIFIED B & I
RCWD R DlV DEBT SERVICE
METROPOLITAN WTR DEBT SV
EASTERN MUNICIPAL WATER
TOTAL GENERAL OBLlGA TION BONDED DEBT!l)
33
Authorized Direct and
Overlannine: Bonded Debt
RCWD R DIV DEBT SERVICE
TEMECULA UNIFIED B & r
METROPOLITAN WTR DEBT SV
EASTERN MUNICIPAL WATER
TOTAL UNISSUED GENERAL OBLIGATION BONDS II!
GO $130,932,007
GO $65,000,000
GO $850,000.000
GO $40.530.000
Parcels Amount
Unissued % Aoolicable InCFD Aoolicable
$- 1.644% 666 $0
$- 1.072% 666 $0
$- 0.000% 666 $0
$5.100.000 0.301% 356 $15,330
$15,330
$2,514.797
~ Authorized
TOTAL OUTSTANDING AND UNISSUED GENERAL
OBLIGATION BONDED INDEBTEDNESS
TOTAL OF ALL OUTSTANDING DIRECT AND OVERLAPPING BONDED DEBT
TOTAL OF ALL OUTSTANDING ANO UNISSUED DIRECT AND
OVERLAPPING BONDED DEBT
$14.304,467
$27,164.797
(l) Additional bonded debt or available bond authorization may exist but is not shown because a lax was not levied fOf the referenced fiscal year.
Source: Canly Engineering Group, Inc.
Overlapping Assessment and Community Facilities Districts
Additional Debt Payable from Taxes or Assessments. The District has no conttol over the amount
of additional debt payable from taxes or assessments levied on ali or a portion of the property within a
special district whtch may be incurred in the future by other governmental agencies, including, but not
hmited to, the County, the City or any other governmental agency having jurisdiction over ali or a portion
ofthe property within the District. Furthennore, nothing prevents the owners of property within the District
from consentmg to the issuance of additional debt by other govemmental agenctes which would be secured
by taxes or assessments on a parity with the Special Taxes. To the extent such indebtedness is payable from
assessments, other special taxes levied pursuant to the Act or taxes, such assessments, special taxes and taxes
will be secured by hens on the property within a district on a parity with a lien of the Special Taxes.
Accordingly, the debt on the property within the District could increase, without any corresponding
increase in the value ofthe property therein, and thereby severely reduce the ratio that exists at the time the
2005 Bonds are issued between the value ofthe property and the debt secured by the Special Taxes and other
taxes and assessments which may be levied on such property. The incurrinll of such additional indebtedness
could also affect the ability and willingness of the property owners withm the District to pay the Special
Taxes when due.
Moreover, in the event of a delinquency in the payment of Special Taxes, no assurance can be given
that the proceeds of any foreclosure sale of the property with delinquent Special Taxes would be sufficient
to pay the delinquent Special Taxes. See "BONDOWNERS' RISKS."
Other Overlapping Direct Assessments
Metropolitan Water District Standby. Property within the District is subject to a Metropolitan Water
District Standby ("MWD Standby") assessment. The MWD Standby assessment is fixed unless there is a
vote to increase the assessment. This pay-as-you-go assessment is used for water conservation programs,
emergency programs, water treatment and capital improvements such as transporting water from Colorado
and Northern California to Southern Californta. The assessment levied for Fiscal Year 2005-06 is $6.94 per
equivalent dwelling unit. [CONFIRM 05-06 LEVY AMOUNT]
Transportation Uniform Mitigation Fee; Multi-Species Habitat Conservation Plan
[REVIEW STATUS]
The County of Riverside and the 14 cities in western Riverside County, including the City, adopted
a new transportation fee for development, which adds approximately $7,248 to every new single-family
house and approximately $5,021 to each future apartment or condominium unit in the County, subject to
credit for a portion, ifany, of transportation faciltty fees imposed by the County or applicable city which
relates to facilities encompassed within the new transportation fee. New retail, service and industrial
development will also be charged the transportation fee based on the square footage of new development
($8.90 'per square foot for retail, $5.08 per square foot for service and $1.65 per square foot for industrial
which tS being phased in over time). The fee was approved by the County in February 2003. The fee was
34
approved by the City on January 28, 2003, effective 61 days thereafter. The fee was implemented by the
other cities In the County between February I, and June 1,2003. Cities may opt out ofthe fee, butthen they
will not be able to receive any money from Measure A, the County's half-cent sales tax initiative. Extension
of the term of Measure A was aJ;proved by the voters at the November 5, 2002 election. Measure A is
estimated to cover more than 50 Yo ofthe cost of maintaining cities' roads and streets. The half-cent sales
tax program is now extended an additional 30 years and will expire in 2039. Dueto pre-existing agreements
the property within the District is not subject to the Transportation Uniform Mitigation Fee.
The County of Riverside adopted, and the cities in western Riverside County may adopt, a new fee
for the costs of a Multiple Species Habitat Conservation Plan. However, property within the District does
not lie within the Multiple Species Habitat Conservation Plan area and is not directly affected by the habitat
conservation plan, except that fees are not payable until this habitat conservation plan is adopted. The fee
adopted by the County, and which may be adopted by the cities, would apply to new development. The
Ordinance adopted by the County is effective upon the tssuance ofthe appropnate permits authorizing "take"
in connection with the Multiple Species Habitat Conservation Plan by the U.S. Ftsh &Wildlife Service and
the CDFG, which effective date has not yet occurred. On June 10, 2004, the U.S. District Court in
Washington, DC issued an order requiring the U.S. Fish & Wildlife Service to suspend approval ofany take
permits that contained a "no surprises" provision. The take permit relating to the Multiple Species Habitat
Conservation Plan was modified to conform to the Court order and the taKe permit was signed on June 22,
2004. The County fee ranges from approximately $1,651 per home to $5,620 an acre for commercial
property. The County's fee will apply to lots for which building permits have not yet been issued. The
effect of the Multiple Species Subarea Habitat Conservation Plan fee adopted by the County or which may
be adopted by any city on land values and sales prices cannot be determined at this time nor can the effect
of the Court's order and the modifications made to the take permits executed in connection with the Multiple
Species Habitat Conservation Plan.
fAs described above in "Endangered Species Act Permit" Lennar Homes assumed Crowne Hill
Reserve ~8, LLC's obligations under Endangered Species Act Permit TE03500-0 and implemented measures
relating to development within the District. In addition, Lennar Homes complied with Assessment District
No. 161 Multiple Species Subarea Habitat Conservation Plan and Implementation Agreement. [CONFIRM]
The District is not subject to the proposed fee for Multiple Species Habitat Conservation Plan and is not
expected to be adversely affected thereby.
BONDOWNERS' RISKS
In addition to the other information contained in this Official Statement, the following risk factors
should be carefully considered in evaluating the investment quality of the 2005 Bonds. The Authority
cautions prospective investors that this discussion does not purport to be comprehensive or definitive, the
riskfactors are listed in no particular order afimportance, and does not purport to be a complete statement
of all factors which may be considered as risks in evaluating the credit quality of the 2005 Bonds. The
occurrence of one or more of the events discussed herein could adversely affect tlie ability or willingness
of property owners in the District to pay their Special Taxes when due. Any such failure to pay Special
taxes could result in the inability of the Authority to make full and punctual payments of debt service on the
2005 Bonds. In addition, the occurrence of one or more of the events discussed herein could adversely affect
the value of the property in the District.
Risks of Real Estate Secured Investments Generally
The Bondowners will be subject to the risks generally incident to an investment secured by real
estate, including, without limitation, (t) adverse changes in local market conditions, such as changes In the
market value of real property in the vicinity of the District, the supply of or demand for competitive
properties in such area, and the market value of residential property and/or sites in the event of sale or
foreclosure; (il) changes in real estate tax rate and other operatmg expenses, governmental rules (including,
without limitatIOn, zoning laws and laws relatinll to endangered specIes and hazardous materials) and fiscal
policies; and (ili) natural disasters (including, wtthout limitation, earthquakes and floods), which may result
m uninsured losses.
35
Concentration of Ownership
As of the date hereof, the major landowner (Crowne Hill Reserve 28, LLC) is responsible for
approximatelyJ2.97%1 of the Special Taxes projected to be levied in Fiscal Year 2005-06, excluding the
Special Taxes ue on the homes compieted by Greystone Homes which may not have closed escrow as of
May 15,2005. Ifany such entity fails in its obligations under the applicable a/lreements or ifany such entity
is unwilling or unable to pay the Special Tax when due, a potential shortfallm the Bond Fund could occur,
which would result in the depletion oflhe Reserve Fund prior to reimbursement from the resale offoreclosed
property or rayment of the delinquent Special Taxes and, consequently, a delay or failure in payments of
the principa of or interest on the 2005 Bonds.
No property owner is obligated in any manner to continue to own and/or develop any of the land
it presently owns within the District. The Special Taxes are not a personal obligation of any major
landowner, any merchant builder or of any owner of the parcels, and the District can offer no assurance that
any current owner or any future owner will be financially able to pay such installments or that it will choose
to pay even if financially able to do so.
Failure to Develop Properties
The continued development of property within the District may be subject to economic
considerations and unexpected delays, disruptions and changes which may affect the wilhngness and ability
of the merchant builders or any property owner to pay the Special Taxes when due.
Land development is also subject to comprehensive federai, State and local regulations. Approval
is required from various agencies in connection with the layout and design of developments, the nature and
extent of improvements, construction activity, land use, zoning, school and health requirements, as well as
numerous othermatlers. As of May 15,2005, final maps have been recorded for all lots in the District. The
property within the District is substantially developed with public infrastructure improvements and
construction, some of which are substantially complete or complete; however, additional ap.provals are
necessary to complete the development. See "Government Approvals" below. It is posstllle that the
approvals necessary to complete development of the property WIthin the District will not be obtained on a
hmell' basis. Failure to obtam any such approval could adversely affect land development operations within
the DIstrict. In addition, there is a risk that future governmental restrictions on land development within the
District will be enacted, either directly by a governmental entity with jurisdiction or by the voters through
the exercise of the initiative power.
The failure to complete the development or the required infrastructure in the District or substantial
delays in the completion of the development or the required infrastructure for the development due to
litigation, the inability to obtain required funding, failure to obtain necessary governmental approval or other
causes may reduce the value oflhe property within the District and increase the length oflime during which
Special Taxes will be payable from Approved Property, and may affect the willingness and ability ofthe
owners of property withm the District to pay the Special Taxes when due. See "SECURITY FOR THE
BONDS."
Bondowners should assume that any event that significantly impacts the ability to develop land in
the District would cause the property values within the District to decrease substantially and could affect the
willingness and ability of the owners ofland within the District to pay the Special Taxes when due.
Special Taxes Are Not Personal Obligations
The owners of land within the District are not personally liable for the payment of the Special
Taxes. Rather, the Special Tax is an obligation only of the land within the District. If the value of the land
within the District is not sufficient to fully secure the Special Tax, then the District has no recourse against
the owners under the laws by which the Special Tax has been levied and the 2005 Bonds have been issued.
The Bonds Are Limited Obligations of the District
The District has no obligation to pay principal of and interest on the Bonds in the event Special Tax
collections are delinquent, other than from amounts, if any, on deposit in certain funds and accounts held
under the Fiscal Agent A,greement, or funds derived from the tax sale or foreclosure and sale of parcels on
which levies of the Spec131 Tax are delinquent, nor is the District obligated to advance funds to pay such
debt service on the Bonds.
Appraised Values; Assessed Value-to-Lien Ratios
36
The Appraisal summarized in Appendix C hereto estimates the fee simple interest market value of
the 28 estate lost, 10 of which have homes under construction and 18 of which are vacant. The Appraisal
also considers the assessed values for the remaining 768 homes in the District. This value of the estate lots
is merely the present opinion of the Appraiser, and is qualified by the Appraiser as stated in the Appraisal.
The Authority has not sought the present opinion of any other appraiser ofthe value ofthe Taxable Property.
A different present opinion of such value might be rendered by a different appraiser.
The opinion of value of the estate lots relates to sale by a willing seller to a willing buyer, each
havinll similarmformation and neither being forced by other circumstances to sell norto buy. Consequently,
the opmion is of limited use in predicting the selling price at a foreclosure sale, because the sale is forced
and the buyer may not have the benefit of full information.
In addition, the opinion is a present opinion. It is based upon present facts and circumstances.
Differing facts and circumstances may lead to differing opinions of value. The appraised market value is
not evidence offuture value because future facts and circumstances may differ significantly from the present.
See "THE COMMUNITY FACILITIES DISTRICT - TransportatIOn Uniform Mitigation Fee; Multi-
Species Habitat Conservation Plan" for a description ofa new fee relating to all development within western
Rtverside County which may affect market values.
Assessed value-to-lien ratios have traditionally been used in land-secured bond issues as a measure
of the "collateral" supporting the willingness of property owners to pay their speciai taxes and assessments
(and, in effect, their general property taxes as well). The value-to-Iien ratio is mathematically a fraction, the
numerator of which tS the value of the property (usually a market value as determined by an appraiser) and
the denominator of which is the "lien" of the assessments or special taxes. A value-to-Iien ratIO should not,
however, be viewed as a guarantee of credit-worthiness. Land values are more voiatile in the early stages
of a development, and are especially sensitive to economic cycles. A downturn ofthe economy may depress
land values and hence the value-to-lien ratios, by increasmg risk to investors and lenders. Further, the
value-to-lien ratio cited for a bond issue is an average. fndividual parcels in a community facilities district
may fall above or below the average, sometimes even below a I: I ratio. (With a I; I ratio, the land is worth
less than the debt on it.) Althoughjudicial foreclosure proceedings can be initiated rapidly, the process can
take several years to complete, and the bankruptcy courts may impede the foreclosure actIOn. Fmally, local
agencies may form overlapping community facilities districts or assessment districts. They typically do not
coordinate their bond issuances. Debt issuance by another entity can dilute value-to-lien rattos.
No assurance can be given that if any of the Taxable Property in the District should become
delinquent in the payment of Special Taxes, and be foreclosed upon, that such property could be sold for
the amount of esltmated market value thereof or the assessed value contained in the Appraisal.
Land Development
Given the stage of development of the property being developed by Craftsmen Homes, LLC, a
minor risk to the Bondowners is that such development may be subject to unexpected delays, disruptions
and changes which may affect the willingness and ability ofthe property owners to pay SpeCial Taxes when
due. For example, proposed development within a portion of the District could be adversely affected by
unfavorable economic conditions, competing development projects, an inability of the current owners or
future owners of the parcels to obtain financing, fluctuations in the real estate market or interest rates,
unexpected increases 10 development costs, changes in federal, State or local governmental policies relating
to the ownership of real estate, the appearance orpreviously unknown environmental impacts necessitating
preparation of a supplemental environmental impact report, and by other similar factors. There can be no
assurance that land development operations with10 the District will not be adversely affected by the factors
described above.
In addition, partially developed land is less valuable than developed land and provides iess security
for the Bonds (and therefore to the Bondowners) should it be necessary for the District to foreclose on
undeveloped property due to the nonpayment of Special Taxes. Moreover, failure to complete future
development on a timely basis could adversely affect the land values of those parcels which have been
completed. Lower land values result in less security for the payment of principal of and interest on the
Bonds and lower proceeds from any foreclosure sale necessitated by delinquencies in the payment of the
Special Taxes.
37
Furthermore, an inability to develop the land within the District as planned will reduce the expected
diversity of ownership of land within the District, making the payment of debt service on the Bonds more
dependent upon timely payment of the Special Taxes levied on the parcels on which homes have not yet
been constructed. Because of the concentration of the property on which homes have not yet been
constructed, the timely payment of the Bonds depends somewhat upon the willingness and abiltty of the
current owners of such land and any merchant builders to whom finished lots are sold to pay the Special
Taxes levied on such parcels when due. Furthermore, continued concentration of ownershIp increases the
potential negative impact of a bankruptcy or other financial difficulty experienced by the existing
landowners. See "Concentration of Ownership" above.
Burden of Parity Liens, Taxes and Other Special Assessments on the Taxable Property
While the Special Taxes are secured by the Taxable Property, the security only extends to the value
of such Taxable Property that is not subject to priority and parity liens and similar claims.
The table in the section entitled "THE COMMUNITY FACILITIES DISTRICT - Direct and
Overlapping Debt" states the presently outstanding amount of governmental obligations (with stated
exclusions), the tax or assessment for which is or may become an obligation of one or more of the parcels
of Taxable Property, and furthermore states the additional amount of general obligation bonds the tax for
which, ifand when issued, may become an obligation of one or more of the parcels ofTaxabie Property.
The table does not specifically identifY which of the governmental obligations are secured by liens on one
or more of the parcels of Taxable Property.
In addition, other governmental obligations may be authorized and undertaken or issued in the
future, the tax, assessment or charge for which may become an obligation of one or more of the parcels of
Taxable Property and may be secured by a lien on a parity with the lien of the Special Tax securing the
Bonds.
fn general, the Special Tax and all othertaxes, assessments and charges collected on the County tax
roll are on a parity, that tS, are of equal priority. Questions of priority become significant when collection
of one or more of the taxes, assessments or charges is sought by some other procedure, such as foreclosure
and sale. In the event of proceedings to foreclose for delinquency of Special Taxes securing the Bonds, the
Special Tax will be subordinate orily to existing prior governmentalltens, if any. Otherwtse, in the event
of such foreclosure proceedings, the Special Taxes will generally be on a parity with the other taxes,
assessments and charges, and will share the proceeds of such foreclosure proceedings on a pro-rata basis.
Although the Special Taxes will generally have priority over non-g;overnmentalliens on a parcel of Taxable
Property, regardless of whether the non-governmental liens were m existence at the time ofthe levy of the
Special Tax or not, this result may not apply in the case ofbanlcruptcy.
While governmental taxes, assessments and charges are a common claim against the value of a
parcel of Taxable Propertr, other less common claims may be relevant. One of the most serious in terms
of the potential reductIOn m the value that may be realized to pay the Special Tax is a claim with regard to
a hazardous substance. See "Hazardous Substances" below.
Disclosure to Future Purchasers
The District has recorded a notice of the Special Tax lien in the Office of the Riverside County
Recorder on May 19,2003, as Document No. 2003-358388. While title companies normally refer to such
notices in title reports, there can be no guarantee that such reference will be made or, if made, that a
prospective purchaser or lender will consider such Special Tax obligation in the purchase of a parcel ofland
or a home in the District or the lending of money thereon. The Act requires the subdivider (or its agent or
representative) of a subdivision to notify a prospective purchaser or long-term lessor of any lot, parcel, or
unit subject to a Mello-Roos special tax of the existence and maximum amount of such special tax using a
statutonly prescribed form. California Civil Code Section II 02.6b requires that in the case oftransfers other
than those covered by the above requirement, the seller must at least make a good faith effort to notifY the
prospective purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the
property to comply with the above requirements, or failure by a purchaser or lessor to constder or understand
the nature and existence of the Special Tax, could adversely affect the willingness and ability of the
purchaser or lessor to pay the Spec tal Tax when due.
38
Local, State and Federal Land Use Regnlations
There can be no assurance that land development operations within the Districtwill not be adversely
affected by future government policies, including, but not limited to, governmental policies which directly
or indirectly restrict or control development. During the past several years, citizens of a number of local
communities in California have placed measures on the ballot designed to control the rate of future
development. During the past severai years, State and federal regulatory agencies have significantly
expanded their involvement in local land use matters through increased regulatory enforcement of various
environmental laws, including the Endangered Species Act, the Clean Water Act and the Clean Air Act,
among others. Such regulations can substantially impair the rate and amount of development without
requirmgjust compensation unless the effect of the regulation is to deny all economic use of the affected
property. Bondowners should assume that any eventthat significantly impacts the ability to construct homes
on land in the District could cause the land values within the Distnct to decrease substantially and could
affect the willingness and ability ofthe owners ofland to pay the Special Taxes when due or to proceed with
development of land in the District. See "Failure to Develop Properties" herein.
Endangered and Threatened Species
It is illegal to harm or disturb any plants or animals in their habitat that have been listed as
endangered species by the U.S. Fish & Wildlife Service under the Federal Endangered Species Act or by
the California Fish and Game Commission under the California Endangered Species Act without a permit.
Thus, the presence of an endangered plant or animal could delay development of the remaining parcels in
the District or reduce the value of such parcels. Failure to develop the remaining parcels as planned, or
substantial delays in the completion of tlie planned development of such parcels may increase the amount
of Special Taxes to be paid by the owners of Approved Property and affect the willinliness and ability ofthe
owners of property wtthin the District to pay the Special Taxes when due. See 'THE COMMUNITY
FACILITIES DISTRICT - Environmental Conditions."
Hazardous Substances
While governmental taxes, assessments, and charges are a common claim against the value of a
taxed parcel, other less common claims may be relevant. One of the most serious in terms of the potential
reductlOn in the value that may be realized to pay the Special Tax is a claim with regard to hazardous
substances. In general, the owners and operators of parcels within the District may be required by law to
remedy conditions of the parcels related to the releases or threatened releases of hazardous substances. The
Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, sometimes
referred to as "CERCLA" or the "Superfund Act," is the most well-known and widely ap.plicable ofthese
laws, but California laws with regard to hazardous substances are also stringent and simtlar. Under many
ofthese laws, the owner (or operator) is obligated to remedy a hazardous substances condition of a property
whether or not the owner (or operator) has an~thing to do wtth creating or handling the hazardous substance.
The effect, therefore, should any parcel withm the District be affected by a hazardous substance, would be
to reduce the marketability and value of the parcel by the costs of remedying the condition, because the
owner (or operator) is obligated to remedy the condition. Further, such liabtlities may arise not simply from
the existence of a hazardous substance but from the method of handling or disposing of it. All of these
possibilities could significantly affect the financial and legal ability of a property owner to develop the
affected parcel or other parcels, as well as the value ofthe property that is realizable upon a delinquency and
foreclosure.
The assessed value of the property within the District does not take into account the possible
reduction in marketability and value of any of the parcels of Taxable Property by reason of the possible
liability of the owner (or operator) for the remedy ofa hazardous substance condition of the parcel. The
District has not independently verified and is not aware that the owner (or operator) of any of the parcels
of Taxable Property has such a current liability with respect to any such parcels of Taxable Property, except
as expressly noted. However, it is possible that such liabilities do currently exist and that the District is not
aware of them.
Further, it is possible that liabilities may arise in the future with respect to any of the parcels of
Taxable Property resulting from the existence, currently, on the parcel of a substance presently classified
as hazardous but which has not been released or the release of which is not presently threatened, or may arise
in the future resulting from the existence, currently, on the parcel ofa substance not presently classified as
hazardous but which may in the future be so classtfied. Further, such liabilities may arise not simply from
the existence of a hazardous substance but from the method of handling or disposing of it. All of these
possibilities could significantly affect the value of a parcel of Taxable Property that tS realizable upon a
aelinquency. See "THE COMMUNITY FACILITIES DISTRfCT - Environmental Conditions" herem for
a description ofthe prior use of the property.
39
Levy and Collection of the Special Tax; Insufficiency ofthe Special Tax
The principal source of payment of principal of and interest on the Bonds is the proceeds of the
annual levy and collection of the Special Tax against property within the District. The annual levy of the
Special Tax is subject to the maximum tax rates authorized. The levy cannot be made at a higher rate even
if the failure to do so means that the estimated proceeds of the levy and collection of the Special Tax,
together with other available funds, will not be sufficient to pay debt service on the Bonds. Other funds
which might be available include funds derived from the payment of penalties on delinquent Special Taxes
and funds derived from the tax sale or foreclosure and sale of parcels on which levies of the Special Tax are
delinquent.
The levy of the Special Tax will rarely, ifever, result in a uniform relationship between the vaiue
of particular taxed parcels and the amount ofthe levy of the Special Tax against such parcels. Thus, there
will rarely, ifever, be a uniform relationship between the value of such parcels and the proportionate share
of debt service on the Bonds, and certainly not a direct relationship.
The Special Tax levied in any particular tax year on a parcel ofTaxabie Property is based upon the
revenue needs and application of the Rate and Method. Application of the Rate and Method will, In turn,
be dependent upon certain development factors with respect to each parcel of Taxable Property by
comparison with similar development factors with respect to the other parcels of Taxable Property within
the District. Thus, in addition to annual variations ofthe revenue needs from the Special Tax, the following
are some of the factors which might cause the levy of the Special Tax on any particular parcel of Taxable
Property to vary from the Special Tax that might otherwise be expected;
(1) Reduction in the number of parcels of Taxable Property, for such reasons as
acquisitIOn of parcels of Taxable Property by a government and failure ofthe government to pay
the Special Tax based upon a claim of exemption or, in the case of the federal government or an
agency thereof, immumty from taxation, thereby resulting in an increased tax burden on the
remaining parcels of Taxable Property.
(2) Failure of the owners of parcels of Taxable Property to pay the Special Tax and
delays in the collection of or inability to collect the Special Tax by tax sale or foreclosure sale of
the delinquent parcels, thereby resulting in an increased tax burden on the remaining parcels.
Except as set forth above under "SECURITY FOR THE BONDS - Special Taxes" and " - Rate
and Method" herein, the Fiscal Agent Agreement provides that the Special Tax is to be collected in the same
manner as ordinary ad valorem property taxes are collected and, except as provided in the special covenant
for foreclosure described in "SECURITY FOR THE BONDS - Proceeds of Foreclosure Sales" and in the
Act, is subject to the same penalties and the same procedure, sale and lien Rriority in case of delinquency
as is provided for ad valorem property taxes. Pursuant to these procedures, tftaxes are unpaid, the property
is then is subject to sale by the County.
In the event that sales or foreclosures of property are necessary, there could be a delay in I?ayments
to owners of the Bonds pending such sales or the prosecution of foreclosure proceedings and recetpt by the
Authority of the proceeds of sale if the Reserve Fund is depleted. See "SECURITY FOR THE BONDS-
Proceeds of Foreclosure Sales."
In addition, the Rate and Method limits the increase of Special Taxes levied on parcels of
Developed Property to cure delin~uencies of other property owners in the District. See "SECURITY FOR
THE BONDS - Rate and Method' herein.
Exempt Properties
Certain properties are exempt from the Special Tax in accordance with the Rate and Method (see
"SECURITY FOR THE BONDS - Rate and Method" herein). In addition, the Act provides that properties
or entities ofthe State, federal or local govemment are exempt from the Special Tax;provided, however, that
property within the District acquired by a public entity through a negotiated transaction or by !lift or devise,
whIch IS not otherwise exempt from the Special Tax, will continue to be subject to the SpeCIal Tax. It is
possible that property acquired by a public entity following a tax sale or foreclosure based upon failure to
pay taxes could become exempt from the Special Tax. In addition, although the Act provides tliat if property
subject to the Special Tax is acquired by a public entity through eminent domain proceedings, the obligation
to pay the Special Tax with respect to that property tS to be treated as if it were a special assessment, the
constitutionality and operation of these provisions of the Act have not been tested, meaning that such
property could become exempt from the Special Tax. In the event that additional property is dedicated to
40
the City or other public entities, this additional property might become exempt from the Special Tax.
The Act further provides that no other properties or entities are exempt from the Special Tax unless
the properties or entities are expressly exempted in a resolution of consideration to levy a new special tax
or to alter the rate or method of apportionment of an existing special tax.
Depletion of Reserve Fund
The Reserve Fund is to be maintained at an amount equal to the Reserve Requirement (see
"SECURITY FOR THE BONDS - Special Tax Fund - Disbursements" herein). Funds in the Reserve Fund
may be used to pay principal of and interest on the Bonds in the eventthe proceeds ofthe levy and collection
of the Special Tax against property within the District is insufficient. Iffunds in the Reserve Fund for the
Bonds are depleted, the funds can be replenished from the proceeds of the levy and collection of the Special
Tax that are In excess of the amount required to pay all amounts to be paid to the Bondowners pursuant to
the Fiscal Agent Agreement. However, no replenishment from the proceeds ofa Special Tax levy can occur
as long as the proceeds that are collected from the levy of the Special Tax against property within the District
at the maximum tax rates, together with other available funds, remains insufficient to pay all such amounts.
Thus it is possible that the Reserve Fund will be depleted and not be replenished by the levy ofthe Special
Tax.
Potential Delay and Limitations in Foreclosure Proceedings
The payment of property owners' taxes and the ability of the District to foreclose the lien of a
delinquent unpaid Specia Tax pursuant to its covenant to pursue judicial foreclosure proceedings, may be
limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by the laws of the
State relating to judictal foreclosure. See "SECURITY FOR THE BONDS - Proceeds of Foreclosure Sales"
and "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delay" herein. In addition, the prosecution
ofa foreclosure could be delayed due to many reasons, including crowded local court calendars or lengthy
procedural delays.
The ability of the District to collect interest and penalties specified by state law and to foreclose
against properties having delinquent Special Tax installments may be limited in certain respects with regard
to properties in which the Federal Deposit Insurance Corporation (the "FDIC") has or obtains an interest.
The FDIC would obtain such an interest by taking over a financial institution which has made a loan which
is secured by property within the District.
The FDIC has adopted a policy statement regarding the payment of state and local real property
taxes (the "Policy Statement") which provides that the FDIC Intends to pay valid real property taxes, interest
and penalties, in accordance with state law, on property which at the time of the tax levy is owned by a
financial institution in an FDIC receivership, unfess abandonment of the FDIC interest is determined to be
appropriate. However, the Policy Statement is unclear as to whether the FDIC considers special taxes such
as the Special Taxes to be "real property taxes" which it intends to pay. Furthermore, the Policy Statement
provides that, with respect to parcels on which the FDIC holds a mortgage lien, it will not permit its lien to
be foreclosed by a taxing authority without its specific consent, and that it will not payor recognize liens
for any penalties, fines, or similar claims imposed for the non-payment of taxes.
The Authority and the District are unable to predict what effect the application of the Policy
Statement would have in the event of a delinquency on a parcel within the District in which the FDIC has
or obtains an interest, although prohibiting the lien ofthe FDIC to be foreclosed at ajudicial foreclosure sale
would likely reduce or eliminate the persons willing to purchase a parcel at a foreclosure sale.
In addition, potential investors should be aware that judicial foreclosure proceedings are not
summary remedies and can be subject to significant procedural and other delays caused b,Y crowded court
calendars and other factors beyond control of the Authority or the District. Potential Investors should
assume that, under current conditions, it is estimated that ajudicial foreclosure of the lien of Special Taxes
will take up to two or three years from initiation to the lien foreclosure sale. At a Special Tax lien
foreclosure sale, each parcel will be sold for not less than the "minimum bid amount" which is e'J.ual to the
sum of all delinquent Special Tax installments, penalties and interest thereon, costs of collection (mcluding
reasonable attorneys' fees), post-judgment interest and costs of sale. Each parcel is sold at foreclosure for
the amounts secured by the SpeCIal Tax lien on such parcel and multiple parcels may not be aggregated in
a single "bulk" foreclosure sale. ffany parcel fails to obtain a "minimum Did," the Authority may, but is not
obligated to, seek superior court approval to sell such parcel at an amount less than the mimmum bid. Such
Superior Court approval requires the consent of the owners of75% ofthe aggregate principal amount ofthe
Outstanding Bonds.
41
Bankruptcy and Foreclosure Delay
The payment of Special Taxes and the ability of the District to foreclose the lien of a delinquent
Special Taxes as discussed In the section herein entitled "SECURITY FOR THE BONDS" may be limited
by bankruptcy, insolvency, or other laws generally affecting creditors' rights or by the laws of the State
relating to judicial foreclosure. In addition, the prosecution of ajudicial foreclosure may be delayed due to
congested local court calendars or procedural delays.
The various legal opinions to be delivered concurrently with the delivery of the Bonds (including
Bond Counsel's approving legal opinion) will be qualified, as to the enforceability of the various legal
instruments, by moratorium, bankruptcy, reorganizatIon, insolvency orothersimilar laws affecting the rights
of creditors generally.
Although bankruptcy proceedings would not cause the obligation to pay the Special Tax to become
extinguished, bankruptcy of a property owner or of a partner or other equity owner of a property owner,
could result in a stay of enforcement ofthe lien for the Special Taxes, a delay in prosecuting Superior Court
foreclosure proceedings or adversely affect the ability or willingness ofa property owner to pay the Special
Taxes and could result in the possibtlity of delinquent Special Taxes not being paid in full. In addition, the
amount of any lien on property securing the payment of delinquent Special Taxes could be reduced if the
value of the property were determined by the bankruptcy court to have become less than the amount of the
lien, and the amount of the delinquent Special Taxes in excess of the reduced lien could then be treated as
an unsecured claim by the court. Any such stay of the enforcement of the lien for the Special Tax, or any
such delay or non-payment, would increase the likelihood of a delay or default in payment of the principal
of and interest on the Bonds and the possibility of delinquent Special Taxes not being paid in full.
Moreover, amounts received upon foreclosure sales may not be sufficient to fully discharge delinquent
installments. To the extentthat a significant percentage of the property in the District is owned by any major
landowner, any merchant builders or any other property owner, and such owner is the subject of bankruptcy
proceedings, the payment of the SpeCial Tax and the ability of the Authority to foreclose the lien of a
delinquent unpaid Special Tax could be extremely curtailed by bankruptcy, insolvency, or other laws
generally affecting creditors' rights or by the laws of the State relating to Judicial foreclosure.
On July 30, 1992, the United States Court of Appeals for the 9'h Circuit (the "9" Circuit Court")
issued its opinion in a bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held
that ad valorem prol'erty taxes levied by Snohomish County in the State of Washington after the date that
the property owner filed a petition for bankruptcy were not entitled to priority over a secured creditor with
a pnor lien on the property. The court upheld the priority of unpaid taxes imposed after the filing of the
bankruptcy petition as 'administrative expenses" ofthe bankruptcy estate, payable after all secured creditors.
As a result, the secured creditor was to foreclose on the property and retain all of the proceeds of the sale
except the amount of the pre-petition taxes.
According to the court's ruling, as administrative expenses, post-petition taxes would have to be
paid, assuming that the debtor has sufficient assets to do so. In certain ctrcumstances, payment of such
administrative expenses may be allowed to be deferred. Once the property is transferred out of the
bankruptcy estate (through foreclosure or otherwise) it would at that time become subject to current ad
valorem taxes.
The Act provides that the Special Taxes are secured by a continuing lien, which is subject to the
same lien priority in the case of delinquency as ad valorem taxes. No case law exists with respect to how
a bankruptcy court would treat the fien for the Special Taxes levied after the filing of a petition in
bankruptcy. Glasply is controlling precedent for bankruptcy courts in the State. Ifthe Glasply precedent
was applied to the levy of the Special Tax, the amount of Special Tax received from parcels whose owners
declare bankruptcy could be reduced.
It should also be noted that on October 22, 1994, Congress enacted II U.S. C. Section 362(bl( 18),
which added a new exception to the automatic stay for ad valorem property taxes imposed by a po itical
subdivision after the filing of a bankruptcy petition. Pursuant to this new provision of law, in the event of
a bankruptcy petition filed on or after October 22, 1994, the lien for ad valorem taxes in subsequent fiscal
years will attach even if the property is part of the bankruptcy estate. Bondowners should be aware that the
potential effect of II U.S. C. Section 362(b)(18) on the Special Taxes depends upon whether a court were
to determine that the Special Taxes should be treated like ad valorem taxes for this purpose.
Payments by FDIC and Other Federal Agencies
The ability ofthe Authority to collect interest and penalties specified by State law and to foreclose
the lien of delinquent Special Taxes may be limited in certain respects with regard to properties in which
42
the FDIC, the Dru,g Enforcement Agency, the Internal Revenue Service or other similar federal
governmental agenCIes has or obtains an interest.
Specifically, with respect to the FDIC, on June 4, 1991, the FDIC issued a Statement of Policy
Regarding the Payment of State and Local Property Taxes (the "1991 Policy Statement"). The 1991 Policy
Statement was revised and superseded by a new Policy Statement effective January 9, 1997 (the "Policy
Statement"). The Policy Statement provtdes that real property owned by the FDIC is subject to state and
local real property taxes only ifthose taxes are assessed according to the property's value, and thatthe FDIC
is immune from real property taxes assessed on any basis other than property value. According to the Policy
Statement, the FDIC will pay its property tax obhgations when they become due and payable and will pay
claims for delinquent property taxes as promptly as is consistent with sound business practice and the orderly
administration of the institution's affairs, unless abandonment of the FDIC's interest in the property tS
appropriate. The FDIC will pay claims for interest on delinquent property taxes owed at the rate provided
under state law, to the extent the interest payment obligation is secured by a valid lien. The FDIC will not
pay any amounts in the nature of fines or penalties and will not pay nor recognize liens for such amounts.
If any property taxes (including interest) on FDIC owned property are secured by a valid lien (in effect
before the property became owned by the FDIC), the FDIC will pay those claims. The Policy Statement
further provides that no property ofthe FDIC is subjectto levy, attachment, garnishment, foreclosure or sale
without the FDIC's consent. In addition, the FDIC will not permit a lien or security interest held by the
FDIC to be eliminated by foreclosure without the FDIC's consent.
The Policy Statement states that the FDIC generally will not pay non ad valorem taxes, including
special assessments, on property in which it has a fee interest unless the amount oftax is fixed at the time
that the FDIC acquires its fee interest in the property, nor will it recognize the validity of any lien to the
extent it purports to secure the payment of any such amounts. Special taxes im\,osed under the Act and a
special tax formula which determines the special tax due each year, are specifica Iy identified in the Policy
Statement as bein~ imposed each year and therefore covered by the FDIC's federal immunity. With respect
to property in Cahforniaowned by the FDIC on January 9, 1997 and that was owned by the Resolution Trust
Corporation ("RTC") on December 31, 1995, or that became the property of the FDIC through foreclosure
ofa security interest held by the RTC on that date, the FDIC will continue the RTC's prior practice of paying
special taxes imposed pursuant to the Act if the taxes were imposed prior to the RTC's acquisition of an
interest in the property. All other special taxes may be challenged by the FDIC.
The Authority is unable to predict what effect the application of the Policy Statement would have
in the event of a delinquency on a parcel within the District m which the FDIC has or obtains an interest,
although prohibiting tlie lien of the FDIC to be foreclosed at a judicial foreclosure sale would reduce or
eliminate the persons willing to purchase a parcel at a foreclosure sale. Bondowners should assume that the
District will be unable to foreclose on any parcel owned by the FDIC. Such an outcome could cause a draw
on the Reserve Fund and perhaps, ultimately, a default in payment on the Bonds. Based upon the secured
tax roll as of January 1,2004, the FDIC does not presently own any oftheJ'roperty in the District. The
Authority expresses no view concerning the likelihood that the risks describe above will materialize while
the Bonds are outstanding.
Payment of Special Tax Not a .Personal Obligation of the Property Owners
An owner of Taxable Property is not personally obligated to pay the Special Tax. Rather, the
Special Tax is an obligation only against the parcels of Taxable Property. If the value of the parcels of
Taxable Property is not sufficient, taking into account other obligations also payable thereby to fully secure
the Special Tax, the District has no recourse against the owner.
Factors Affecting Parcel Values and Aggregate Value
Geologic, Topographic and Climatic Conditions. The value ofthe Taxable Property in the District
in the future can be adversely affected by a variety of additional factors, particularly those which may affect
infrastructure and other public improvements and private improvements on the parcels of Taxable Property
and the continued habitability and enjoyment of such private tmprovements. Such additional factors include,
without limitation, geologic conditions such as earthquakes and volcanic eruptions, topographic conditions
such as earth movements, landslides, liquefaction, floods or fires, and climatic conditions such as tornadoes,
droughts, and the possible reduction in water allocation or availability. It can be expected that one or more
of such conditions may occur and may result in damage to improvements of varying seriousness, that the
damage may entail significant repair or replacement costs and that repair or replacement may never occur
either because of the cost or because repatr or replacement will not facilitate habitability or other use, or
because other considerations preclude such repair or replacement. Under any of these ctrcumstances, the
value of the parcels of Taxable Property may well depreciate or disappear.
43
Seismic Conditions. The District, like all California communities, may be subject to unpredictable
seismic activity. The occurrence of seismic activity in the District could result in substantial damage to
properties in the District which, in turn, could substantially reduce the value of such properties and could
affect the ability or willingness of the property owners to pay their Special Taxes. Any major damage to
structur~s as a result of seismic activity could result in greater reliance on Approved Property In the payment
of Spectal Taxes.
Legal Requirements. Other events which may affect the value of a parcel of Taxable Property in
the District include changes in the law or application of the law. Such changes may include, without
limitation, local growth control initiatives, local utility connection moratoriums and local application of
statewide tax and governmental spending iimitation measures.
No Acceleration Provisions
The Bonds do not contain a provision allowing for the acceleration of the Bonds in the event of a
payment default or other default under the terms ofthe Bonds or the Fiscal Agent Agreement. Pursuant to
the Fiscal Agent Agreement, a Bondowner is given the right for the equal benefit and protection of all
Bondowners similarly situated to pursue certain remedies (see APPENDIX D - "Summary of Certain
Provisions ofthe Fiscal Agent Agreement" herein). So long as the Bonds are in book-entry form, DTC will
be the sole Bondowner and will be entitled to exercise all rights and remedies of Bondowners.
Community Facilities District Formation
Califomia voters, on June 6, 1978, approved an amendment ("Article XfllA") to the California
Constitution. Section 4 of Article XIlIA, requires a vote oftwo-thirds of the qualified electorate to impose
"special taxes," or any additional ad valorem, sales or transaction taxes on real property. At an election held
pursuant to the Act, more than two-thirds of the qualified electors within the District, consisting of the
landowners within the boundaries of the District, authorized the District to incur bonded indebtedness to
finance the development of the property within the District and approved the Rate and Method of
Apportionment. The Supreme Court of the State has not yet decideil whether landowner elections (as
opposed to resident elections) satisfY requirements of Section 4 of Article XIlIA, nor has the Supreme Court
decided whether the special taxes of a District constitute a "special tax" for purposes of Article XfllA.
Section 53341 ofthe Act requires that any action or proceeding to attack, review, set aside, void or
annul the levy of a special tax or an increase in a special tax pursuant to the Act shall be commenced within
30 days after the special tax is approved by the voters. No such action has been filed with respect to the
Special Tax.
Billing of Special Taxes
A special tax formula can result in a substantially heavier property tax burden being imposed upon
properties within a District than elsewhere in a city or county, and thts in turn can lead to problems in the
collection of the special tax. In some Districts the taxpayers have refused to pay the spectal tax and have
commenced litigation challenging the special tax, the District and the bonds issued by the District.
Under provisions of the Act, the Special Taxes are billed to the properties within the District which
were entered on the Assessment Roll ofthe County Assessor by January I of the previous fiscal year on the
regular property tax bills sent to owners of such properties. Such Special Tax installments are due and
payable, and bear the same penalties and interest for non-payment, as do regular property tax installments.
These S(lecial Tax installment payments cannot be made separately from property tax payments. Therefore,
the unwtllingness or inability of a property owner to pay regular property tax bills as evidenced by property
tax delinquencies may also indicate an unwillingness or inability to make regular property tax payments and
installment payments of Special Taxes in the future. See "SECURITY FOR THE BONDS - Proceeds of
Foreclosure Sales," for a discussion of the provisions which apply, and procedures which the District is
obligated to follow, in the event of delinquency in the payment of installments of Special Taxes.
Collection of Special Tax
In order to pay debt service on the Bonds, it is necessary that the Special Tax levied against land
within the District be paid in a timelx manner. The District has covenanted In the Fiscal Agent Agreement
under certain conditions to institute foreclosure proceedings against property with delinquent Special Tax
in order to obtain funds to pay debt service on the Bonds. If foreclosure proceedings were instttuted, any
mortgage or deed of trust holder could, but would not be required to, advance the amount of the delinquent
SpeCial Tax to protect its security interest. In the event such superior court foreclosure is necessary, there
could be a delay in principal and interest payments to the Bondowners pending prosecution of the
44
foreclosure proceedings and receipt of the proceeds of the foreclosure sale, ifany. No assurances can be
given that tlie real property subject to foreclosure and sale at a judicial foreclosure sale will be sold or, if
sold, that the proceeds of such sale will be sufficient to pay any delinquent Special Tax installment.
Although the Act authorizes the Authority as the Governing Board of the District to cause such an action
to be commenced and diligently pursued to completion, the Act does not specify the obligations of the
Governing Board with regard to purchasing or otherwise acquiring any lot or parcel of property sold at the
foreclosure sale ifthere is no other purchaser at such sale. See "SECURlTY FOR THE BONDS - Proceeds
of Foreclosure Sales,"
Right to Vote on Taxes Act
An initiative measure commonly referred to as the "Right to Vote on Taxes Act" (the "Initiative")
was approved b!, the voters of the State at the November 5,1996 general election. The Initiative added
Article XllIC (' Article XllIC") and Article XllID to the California Constitution. According to the "Title
and Summary" of the Initiative prepared by the California Attorney General, the Initiative limits "the
authority of local governments to impose taxes and property-related assessments, fees and charges." The
provisions of the Initiative have not yet been interpreted by the courts, although a number of lawsuits have
been filed requesting the courts to interpret various aspects of the Initiative.
Among other things, Section 3 of Article XIII states that" . . . the initiative power shall not be
prohibited or otherwise limIted in matters of reducing or repealing any local tax, assessment, fee or charge."
The Act provides for a procedure, which includes notice hearing, protest and voting requirements to alter
the rate and method of apportionment of an existing special tax. However, the Act prohibits a legislative
body from adopting any resolution to reduce the rate of any special tax or tenninate the levy of any special
tax pledged to repay any debt incurred pursuant to the Act unless such legislative body determines that the
reduction or tennination ofthe special tax would not interfere with the tImely retirement of that debt. On
July I, 1997, a bill signed into law by the Governor of the State enacting Government Code Section 5854,
whtch states that:
"Section 3 of Article XIIIC of the California Constitution, as adopted at
the November 5, 1996, general election, shall not be construed to mean
that any owner or beneficial owner of a municipal security, purchased
before or after that date, assumes the risk of, or in any way consents to, any
action by initiative measure that constitutes an impairment of contractual
rights protected by Section 10 of Article I of the United States
Constitution. "
Accordingly, although the matter is not free from doubt, it is likely that the Initiative has not
conferred on the voters the power to repeal or reduce the Special Taxes if such reduction would interfere
with the timely retirement of the Bonds.
It may be possible, however, for voters orthe Districtto reduce the Special Taxes in a manner which
does not interfere with the timely repayment ofthe Bonds but which does reduce the maximum amount of
Special Taxes that may be levied in any year below the existing levels. Therefore, no assurance can be given
with respect to the levy of Special Taxes for Administrative Expenses. Furthennore, no assurance can be
!liven wtth respect to the future levy of the Special Taxes in amounts greater than the amount necessary for
tne timely retirement of the Bonds.
Like its antecedents, the Initiative is likely to undergo both judicial and legislative scrutiny before
its impact on the District and its obligations can be detennined. Certain provisions of the Initiative may be
exammed by the courts for their constitutionality under both State and federal constitutional law. The
District is not able to predict the outcome of any such examination.
The foregoing discussion of the Initiative should not be considered an exhaustive or authoritative
treatment of the issues. The District does not expect to be in a position to control the consideration or
disposition of these issues and cannot predict the timing or outcome of any judicial or legislative activity
in this regard. Interim rulings, final deCIsions, legislative proposals and legislative enactments may all affect
the impact ofthe Initiative on the Bonds as well as the market for the Bonds. Legislative and court calendar
delays and other factors may prolong any uncertainty regarding the effects of the Initiative.
Ballot Initiatives and Legislative Measures
The Initiative was adopted pursuant to a measure qualified for the ballot pursuant to California's
constitutional initiative process and the State Legislature has in the past enacted legislation which has altered
the spending limitations or established minimum funding provisions for particular activities. From time to
45
time, other initiative measures could be ado{lted by Califomia voters or legislation enacted by the State
Legislature. The adoption of any such initiallve or enactment of lellislation might place limitatIOns on the
ability of the State, tlie County, the City, the District or local distflcts to increase revenues or to increase
appropriations or on the ability of a property owner to complete the development ofthe property.
Limited Secondary Market
There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary
market exists, that such Bonds can be sold for any particular price. Although the Authority has committed
to provide certain statutorily-required financial and operating information, there can be no assurance that
such information will be available to Bondowners on a timely basis. The failure to provide the annual
financial and operating information does not give rise to monetary damages but merely an action for specific
performance. Occasionally, because of general market conditions, lack of current information or because
of adverse history or economic prospects connected with a particular issue, secondary marketing practices
in connection with a particular Issue are suspended or terminated. Additionally, prices of issues for which
a market is being made will depend upon then prevailing circumstances. Such prices could be substantially
different from the original purchase price.
Loss of Tax Exemption
As discussed under the caption "LEGAL MATTERS - Tax Exemption," the interest on the Bonds
could become includable in gross income for federal income tax purposes retroactive to the date of issuance
of the Bonds as a result of acts or omissions ofthe Authority in violation of certain provisions of the Code
and the covenants of the Fiscal Agent Agreement. In order to maintain the exclusion from gross income for
federal income tax purposes of the interest on the Bonds, the Authority has covenanted in the Fiscal Agent
Agreement not to take any action, or fail to take any action, if such action or failure to take such action
would adversely affect the exclusion from gross income ofinterest on the Bonds under the Internal Revenue
Code of 1986, as amended. Should such an event of taxability occur, the Bonds are not subject to early
redemption and will remain outstanding to maturity or until redeemed under the optional redemption or
mandatory redemption provisions of the Fiscal Agent Agreement.
Limitations on Remedies
Remedies available to the Bondowners may be limited by a variety offactors and may be inadequate
to assure the timely payment of principal of and interest on the Bonds or to preserve the tax-exempt status
of the Bonds. See "Payments by FDIC and Other Federal Agencies," "No Acceleration Provisions" and
"Billing of Special Taxes" herein.
LEGAL MATTERS
Legal Opinion
The legal opinion of Quint & Thimmig LLP, San Francisco, Califomia, Bond Counsel, approving
the validity of the 2005 Bonds will be made available to purchasers at the time of original delivery and the
form of such opinion is attached hereto as Appendix F.
Tax Exemption
In the opinion of Quint & Thimmig LLP, San Francisco, California, Bond Counsel, under existing
law, subject to the Authority's compliance with certain covenants, interest on the 2005 Bonds is excludable
from gross income ofthe owners tliereof for federal income tax purposes under section 103 of the Internal
Revenue Code of 1986, as amended (the "Code") and, under section 55 of the Code, is not included as an
item of tax preference in com{luting the federal alternative minimum tax for individuals and corporations
under the Code but is taken mto account in computing an adjustment used in determining the federal
alternative minimum tax for certain corporations. Failure by the Authority to comply with one or more of
such covenants could cause interest on the 2005 Bonds to not be excludable from gross income under section
103 of the Code for federal income tax purposes retroactively to the date of issuance of the 2005 Bonds.
In the further opinion of Bond Counsel, interest on the 2005 Bonds is exempt from California
personal income taxes.
2005 Bondowners should also be aware that the ownership or disposition of, orthe accrual or receipt
of interest on, the 2005 Bonds might have tax consequences other than as described above. Bond Counsel
expresses no opinion regarding any collateral tax consequences arising with respect to the 2005 Bonds other
46
than as expressly described above.
The complete text of Bond Counsel's proposed opinion is set forth in Appendix F hereto.
Original Issue Discount; Premium Bonds
To the extent the issue price of any maturity ofthe Series 2005 Bonds is less than the amount to be
paid at maturity of such Series 2005 Bonds (excluding amounts stated to be interest and payable at least
annually over the term of such Series 2005 Bonds), the difference constitutes "original issue discount," the
accrual of which, to the extent properly allocable to each Owner thereof, is treated as interest on the Series
2005 Bonds which is excluded from gross income for federal income tax purposes and State of California
personal income taxes. For this purpose, the issue price of a particular maturity of the Series 2005 Bonds
10 the first price at which a substantial amount of such maturity of the Series 2005 Bonds is sold to the public
(excluding bond houses, brokers, or similar persons or orgaOlzations acting in the capacity of underwriters,
placement agents or wholesalers). The original issue discount with respect to any maturity of the Series
2005 Bonds accrues daily over the term to maturity of such Series 2005 Bonds on the basis of a constant
interest rate compounded semiannually (with straignt-Iine inte'!'o)ations between compounding dates). The
accruing original issue discount is added to the adjusted basIs of such Series 2005 Bonds to determine
taxable gain or loss upon disposition (including sale, redemption, or payment on maturity) of such Series
2005 Bonds. Owners ofthe Series 2005 Bonds should consult their own tax advisors with respect to the tax
consequences of ownership of the Series 2005 Bonds with original issue discount, including the treatment
of purchasers who do not purchase such Series 2005 Bonds in the original offering to the public at the first
price at which a substantial amount of such Series 2005 Bonds is sold to the public.
The Series 2005 Bonds purchased, whether at original issuance or otherwise, for an amount greater
than their p'rincipal amount payable at maturity (or, in some cases, at their earlier call date) ("Premium
Bonds") WIll be treated as having amortizable bond premium. No deduction is allowable for the amortizable
bond premium in the case of bonds, like the Premium Bonds, the interest on which is excluded from gross
income for federal income tax purposes. However, a purchaser's basis in a Premium Bond, and under
Treasury Regulations, the amount of tax exempt interest received will be reduced by the amount of
amortizable Dond premium properly allocable to such purchaser. Owners of Premium Bonds should consult
their own tax adVIsors with respect to the proper treatment of amortizable bond premium in their particular
circumstances.
IRS Audit of Tax-Exempt Bond Issues
The Internal Revenue Service has initiated an expanded program for the auditing oftax-exemyt
bond issues, including both random and tarlleted audits. It is possible that the Bonds will be selected for
audit by the Internal Revenue Service. It IS also possible that the market value of the Bonds might be
affected as a result of such an audit ofthe Bonds (or by an audit of similar bonds).
No Litigation
At the time of delivery of the 2005 Bonds, the Authority and the District will certify that there is
no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or regulatory
agency, public board or body pending witn respect to which they have been served with process or
tlireatened against the Authority or the District affecting their existence, or the titles of their respective
officers, or seeking to restrain or to enjoin the issuance, sale or delivery ofthe 2005 Bonds, the application
of the proceeds thereof in accordance with the Fiscal Agent Agreement, or the collection or application of
the Special Tax to pay the principal of and interest on the 2005 Bonds, or in any way contesting or affecting
the validity or enforceabIlity of the 2005 Bonds, or the Fiscal Agent Agreement or any action of the
Authority or the District contemplated by either of said documents, or in any way contesting the
completeness or accuracy of this Official Statement or any amendment or supplement hereto, or contesting
the powers of the Authority or the District or their authority with respect to the 2005 Bonds or any action
of the Authority or the District contemplated by either of said documents, nor, to the knowledge of the
Authority, is there any basis therefor.
No General Obligation ofthe Authority or the District
The Bonds are not general obligations of the Authority or the District, but are limited obligations
ofthe Authority for the District payable solely from proceeds ofthe Special Tax and proceeds of the Bonds,
including amounts in the Reserve Fund, the Special Tax Fund and the Bond Fund. Any tax levied for the
payment of the Bonds shall be limited to the Special Taxes to be collected within the jurisdiction of the
47
District.
NO RATINGS
The 2005 Bonds have not been rated by any securities rating agency.
UNDERWRITING
The 2005 Bonds are being purchased by Stone & Youngberg LLC at a purchase
$ (which represents the aggregate principal amount of the 2005 Bonds ($
oflgmallssue discount of $ and less an underwriter's discount of $ ).
The purchase agreement relating to the 2005 Bonds provides that the Underwriter will purchase all
of the 2005 Bonds, ifany are purchased, the obligation to make such purchase being subject to certain terms
and conditions set forth in such purchase agreement.
price of
), less
The Underwriter may offer and sell 2005 Bonds to certain dealers and others at prices lower than
the offering price stated on the cover page hereof. The offering prices may be changed from time to time
by the Underwriter.
PROFESSIONAL FEES
Fees payable to certain professionals, in connection with the 2005 Bonds, including the Underwriter,
Quint & Thimmlg LLP, as Bond Counsel, McFarlin & Anderson LLP, as Disclosure Counsel, and U.S. Bank
National Association, as the Fiscal Agent, are contingent upon the issuance of the 2005 Bonds. The fees
of Canty Engineering Group, Inc., as Special Tax Consultant, and Fieldman, Rolapp & Associates, as
Financial Advisor to the Authority, are in part contingent upon the issuance of the 2005 Bonds.
MISCELLANEOUS
References are made herein to certain documents and reports which are brief summaries thereof
which summaries do not purport to be complete or definitive and reference is made to such documents and
reports for full and complete statement of the contents thereof.
Any statements in this Official Statement involving matters of opinion, whether or not expressly
so stated, are intended as such and not as representatives of fact. This Official Statement is not to be
construed as a contract or agreement between the District or the Authority and the purchasers or owners of
any ofthe 2005 Bonds.
The execution and delivery of the Official Statement by the District has been duly authorized by
the Authority on behalf of the District.
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1
(CROWNE HILL)
By:
Shawn Nelson Executive Director,
Temecula Public Financing Authority, on behalf
of the District
48
APPENDIX A
GENERAL INFORMATION ABOUT THE CITY OF TEMECULA
Thefollowing information is providedfor background purposes only. The City of Temecula has
no liability whatsoever with respect to the 2005 Bonds or the Fiscal Agent Agreement.
General Information
Following a vote by the residents on November 7, 1989, the City incorporated under the general
laws ofthe State of California on December I, 1989. The City has a Council-Manager form of government,
and is represented by the five members of the City Council who are elected at-large to serve a four-year
term. The Mayor is selected annually by the members ofthe City Council.
The Temecula Community Services District (TCSD) was also established in 1989. The TCSD is
responsible for providing parks and recreation services to the citizens ofTemecula, as well as street lighting
and slope maintenance in certain areas of the district.
Other governmental entities, such as the State of California, the County and various school, water
and other districts, also provide various levels of service within the City of Temecula. However, the
Temecula City Council does not have a continuing oversight responsibility over these other governmental
entities.
Located on Interstate 15, the City ofTemecula is the 10'" largest city in the Inland Empire and the
5" largest in Riverside County (as of January, 2004), encompassing 27.\ square miles. The City of
Temecula is 85 miles southeast of Los Angeles, 55 miles north of San Diego, 61 miles southeast of Orange
County, and 20 miles inland from the cities of San Juan Capistrano and Oceanside. The City's
approximately 81,397 residents are offered a broad range of housing options from apartments to luxury
custom homes, with the median housing price, as of September 2004, at $444,616.
Population
From 1990 - 2005, the City's population grew from 27,099 to 81,397, a gain of 54,298 or 200.4%.
In this same period, Riverside County added 706,587, a gain of 60.4%.
CITY OF TEMECULA AND COUNTY OF RIVERSIDE POPULATION
FROM \990 TO 2005
Temecula Riverside County
Year Population % Change Population % Change
1990 27,099 I, t 70,413
t991 27,264 0.6% 1,223,227 4.5%
1992 31.005 13.7 1,268,844 3.7
1993 33;226 7.2 1,304,447 2.8
1994 35,771 7.7 1,331,988 2.1
1995 39,284 9.8 1,355,571 1.8
1996 4t,850 6.5 t,381,781 1.9
1997 43,760 4.6 1,400,384 1.3
1998 46,564 6.4 1,441,237 2.9
1999 48,828 4.9 1,473,307 2.2
2000 53,791 10.2 1,522,855 3.4
2001' 61,803 14.9 1,590,473 4.4
2002 72,164 16.8 1,654,220 4.0
2003 75,996 5.3 1,726,754 4.4
2004 78,841 3.7 1,807,858 4.7
2005 8t,397 3.2 t,877,000 3.8
*lncrease includes Vail Ranch annexation.
0ource: California Department afFinance.
A-I
Construction Activity
The following table shows a five year history of construction activity in the City.
CITY OF TEMECULA
BUILDING PERMITS AND VALUATIONS
2000 - 2004
2000 200t 2002 2003 2004
Valuation:
Residential $ t 56.787.850 $t27,823,375 $tOO,516,115 $194,699,509 $t85,04t,089
Non-residential 58.320.736 39602.913 43,487.229 36087.001 56.658.233
Total $215.108.586 $167.426.288 $144,003.344 $230.786.510 $241.699.322
Residential Units:
Single family l,t42 944 650 1,27t 888
Multiple family 244 ~ ~ ~ 408
Tolat 1.386 944 650 1.413 1.296
::'ource: Construction Industry Research Board.
The following table shows historical commercial and residential construction and property values.
A-2
CITY OF TEMECULA
COMMERCIAL AND RESIDENTIAL CONSTRUCTION AND PROPERTY VALUES
1992 - 2004
Commercial
Construction(l) Residential Construction(') Property Values(l)
Number Number
Fiscal Year of Units Value of Units Value Commercial Residential
1992 t58 $ 902 337 $ 10,605 $1,078,926 $1,542,280
t993 150 6,316 802 50,347 1,473,713 t ,454,943
t994 130 10,639 1,186 113,002 t ,526,353 1,489,077
t995 162 29,221 968 85,410 1,466,64 t t,539,257
1996 136 23,572 987 93,674 1,478,230 1,677,720
1997 202 32,863 857 85,257 1,347,000 1,856,203
1998 203 66,226 835 105,527 t ,321 ,044 t,958,706
1999 337 159,286 1,384 t 80,840 t,378,364 2,067,549
2000 437 52,497 t,179 148,660 1,524,091 2,303,303
2001 265 39,5t I t,606 169.687 t,935,537 2,627,716
2002 252 51,686 938 97,773 2,183,862 3,017,148
2003 304 41,402 1,162 145,387 2,633,661 4,127,318
2004 277 61,823 10472 179,071 2,988,060 4,807,229
Values in thousands of dollars.
,)ource: ~ City OJ , emeclIfa, Building and Safef!e Department.
~ County Land Use Statistical Recap eport.
Economic Condition
Temecula's economic base is anchored by a number offirrns specializing in biomedical technology
and supplies, high technolo$y controllers and semi-conductors, among others. The City's retail base is also
experiencing growth and IS home to several auto dealers including Honda, Toyota and Nissan. The
following tables set forth major manufacturing and non-manufacturing employers:
CITY OF TEMECULA
MAJOR MANUFACTURING EMPLOYERS
(As of June 2004)
Employer
Guidant Corporation
International Rectifier/Hexfet
Hudson Respiratory Care Inc.
Channell Commercial Corp.
Milgard Manufacturing
Bianchi International
The Scotts Company / Temecula
Opto 22 Inc.
Plant Equipment, Inc.
Chemicon International
Southwest Traders
Maxxim Medical
Molding International
Tension Envelope
F F F Enterprises Inc
Approximate
No. of Employees
2,354
560
500
350
325
225
214
213
200
195
166
110
102
101
100
A-3
Type of Business
Medical equipment
Power semi-conductors
Medical equipment
Cable enclosures
Custom windows
Leather goods
Manufacturing
Electric/automation controls
Telephone equipment
Medical products
Distributor dry goods
Medical supplies
Injection Molders
Envelope manufacturer
Medical supplies
CITY OF TEMECULA
MAJOR NON-MANUFACTURING EMPLOYERS
(As of June, 2004)
Approximate
No. of Employees
Employer
Temecula Valley Unified School
District (TVUSD)
Professional Hospital Supply
Costco Wholesale
Albertsons
Robinson-May
Sears
Sierra Pacific Farm, Inc.
City of Temecula
Norm Reeves Auto Group
Mervyns
JC Penneys
Temecula Creek [nn
Dayton Hudson Corporation/Target
Stater Brothers
Lowe's
Rancho Ford Lincoln Mercury
Home Depot
Claim Jumper
K-Mart Corporation
Mc Millan Farm Management
Toyota ofTemecula Valley
TGI Friday's
Rancho California Water District
Pat & Oscar's
Magnecomp Corporation
Source: City Finance Department.
Sales Tax Assessed Values
Type of Business
2,132
600
400
275
250
250
250
236
230
210
209
180
180
170
167
150
150
150
150
150
130
125
122
120
108
Public school system
Medical equipment/supplies
Wholesale warehouse
Supermarket
Retail
Retail
Farm Management
Local Government
Auto dealer
Retail
Retail
Hospitality
Retail
Supermarket
Retail
Automobile Sales
Retail
Restaurant
Retail
Farm Management
Automobile Sales
Restaurant
Water District
Restaurant
Data Storage
Industrial and business parks offering clean industries and convenient office space provide growing
employment opportunities. The retail community is expanding rapidly with excellent shopping venues
including the regional Promenade Mall, a unique Historic Old Town area, and neighborhood strip centers.
A wide selection of restaurants allows diners to choose between nationally recognized chains or intimate
dining bistros.
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CITY OF TEMECULA
SALES TAX HISTORY
Year Amount
1989-90 $632,153
1997-98 $9,186,547
1998-99 $10,652,400
t 999-00 $14,009,322
2000-01 $16,321,929
200t-02 $19,237,3t7
2002-03 $21,572,199
2003-04 $23,900,000*
'Budget Estimate.
Source: City of Temecula Finance Department. [CHECK WITH CITY FOR UPDATES AND 04-051 05-06 BUDGET AMOUNTS]
CITY OF TEMECULA
PRINCIPAL SECURED PROPERTY OWNERS
FOR THE YEAR ENDED JUNE 30, 2004
2003 Assessed
Valuation
Taxpayer Type of Business
(in thousands)
Advanced Cardiovascular System Inc. Manufacturing
International Rectifier Corporation Manufacturing
Ternecula Towne Center Associates Real Estate Development
KimeD Palm Plaza Limited Partnership Real Estate Development
Lakha-Aldenwood Properties LLC Real Estate Development
Porto fino Development Real Estate Development
Harveston LLC Vacant Land
$147,768
120,271
96,484
40,972
36,736
29,651
29,304
29,148
28,697
26.776
$585,807
Starwood Wassennan Temecula Property Management
STCA Manufacturing
California Acacia Limited Partnership Real Estate Development
Source: Riverside County Assessor's Office.
A-S
Percent of
Total Assessed
(Valuation)
2.12%
1.73%
1.39%
0.59%
.053%
0.43%
.042%
0.41%
0.38%
0.38%
8.38%
CITY OF TEMECULA
ASSESSED AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY
FOR THE FISCAL YEARS ENDED JUNE 30,1997 THROUGH 2005
(Values in Thousands)
Total Exemptions Net Exemptions Net Total Estimated
Fiscal Year Secured and Veteran Assessed Homeowner Assessed Actual
Taxes Unsecured Church, etc. Value s Value Value
t997 $3,203,187 $(22,479) $3, 180,9t 1 $(53,023) $3, t27,888 $3,t27,888
1998 $3,280,066 $(24,432) $3,255,633 $(56,665) $3,198,969 $3,198,969
t999 $3,446,093 $(24,44 t) $3,42t,652 $(60,1l9) $3,36 t,533 $3,361,533
2000 $3,826,889 $(25,822) $3,80t,068 $(6t,464) $3,739,603 $3,739,603
200t $4,563,2 t 7 $(29,676) $4,533,542 $(64,372) $4,469, t 69 $4,469, t 69
2002 $5,201,622 $(33,370) $5,168,252 $(68,938) $5,099,3 t 4 $5,099,3 t 4
2003 $6,20t,896 $(30,010) $6, t 7 t ,886 $(82,926) $6,088,960 $6,088,960
2004 $6,93t,696 $(43,309) $6,888,660 $(92,362) $6,796,298 $6,796,298
2005 $7,795,288 $(53,239) $7,748,049 $(94,237) $7,647,813 $7,647,8t3
Source: Riverside County Assessor's Office.
General Information
Industrial Real Estate. The City is part of the Inland Empire's industrial real estate market. In 1999,
the inland region's 26.1 million square feet of gross space absorption set a record. Lee & Associates found
that in August, 2002, the City had 9.0 million square feet of industrial space or 3.0% of the inland area's
inventory. Temecula's industrial vacancy rate was 12.0% representing 1.1 million square feet of space.
Among local cities, this ranked ninth just below Mira Loma (1.2 million square feet) and above San
Bernardino (1.06 million).
Agriculture. The climate and soil in the City are particularly favorable for growing avocado, grape,
and citrus crops.
There are .currently several agricultural management firms in the Temecula area which manage
agricultural production of thousands of acres of land owned by individual investors, partnerships and
corporations. The agricultural managers apply economies of scale, by combining many small and medium
sized parcels ofland as ifthese parcels were one large ranch.
In addition, a substantial wine industry has been developed in the City and the surrounding area.
As of May 2005, there were twenty (20) wineries which produce wine with locally grown grapes.
Climate. Temecula Valley enjoys a mild Mediterranean climate with year-round temperatures
averaging in the mid 70's. The weather is comparable to the Napa Valley, as evidenced by a thriving wine
industry, with warm, dry days and cool evenings. Summertime temperatures, which can average in the mid
80's or the mid 90's during the day, are often cooled by afternoon ocean breezes blowing into the valley
through gaps in the Santa Ana foothills to the west. Although separated from the Pacific by the Santa Rosa
range of mountains, the Rainbow Gap funnels the mild beach climate into the valley. Mild wintertime
temperatures average in the mid 60's. Yearly average rainfall in Temecula is approximately 14 inches, as
A-6
compiled by the Rancho California Water district.
The quality of air in the Temecula Valley is consistently better than that of surrounding
communities. Ocean breezes flow through the Rainbow Gap almost every day, sweeping away smog. In
the summer, Pacific winds yield temperatures up to 10 degrees lower than in towns just a few miles away.
Education. The City is served by Temecula Valley Unified School District, one of the fastest
growing school districts in the State, with 4 high schools (including a continuation school), 5 middle schools
(including an alternative academy), 2 charter schools, I home-schooling program, and 15 elementary
schools. In addition, there are 9 private schools and several pre-schools.
The general boundaries extend north to Jean Nicholas Road in French Valley, south to the Riverside
County line, east to Vail Lake, and west to the Temecula city limit. The District covers approximately 150
square miles. As of May 2005, approximately 25,653 students (Grades K-12) were enrolled in the District.
The University of California, Riverside has opened an extension center in the City and Mt. San
Jacinto Community College operates a campus ten miles north ofthe City to serve the growing population.
Temecula began the 1990s with a well-educated population, and its population trends and school
performance figures have allowed it to maintain that position.
Transportation. Interstate 15 and its connecting arterials provide convenient links to San Diego and
Riverside, Los Angeles (Interstate 10), Orange County (Highway 91) and San Bernardino (Interstate 215).
The French Valley Airport, 4 miles north of Interstate 15 on Winchester Road, accommodates business jets
and commuter airlines.
Housing: Temecula is unique in that its residents are about equidistant from both San Diego and
Orange County via the Interstate 15 freeway. As a result, it is receiving growth impulses from the south as
well as the north, as families spill into the Inland Empire from Southern California's more congested coastal
counties. Temecula's rapid population growth represents a relatively new phenomenon in Southern
California. A large number of the City's new residents have migrated north from San Diego County along
the Interstate 5 freeway. Normally, a Southern California community undergoes rapid growth only when
population spills from Orange or Los Angeles counties. The latest population data shows Temecula with
81,397 residents as of January 1,2005, which includes the annexation of the Vail Ranch area in July, 2001
and the March, 2004 annexation of the community of Redhawk, which becomes official July, 2005.
A-7
APPENDIX B
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
B-1
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APPENDIX C
SUMMARY APPRAISAL REPORT
C-I
APPENDIX D
SUMMARY OF CERTAIN PROVISIONS OF THE FISCAL AGENT AGREEMENT
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APPENDIX E
FORM OF COMMUNITY FACILITIES DISTRICT
CONTINUING DISCLOSURE AGREEMENT
E-I
APPENDIX F
FORM OF OPINION OF BOND COUNSEL
F-I
APPENDIX G
BOOK-ENTRY SYSTEM
The following description of the procedures and record keeping with respect to beneficial ownership
interests in the 2005 Bonds, payment of principal of and interest on the 2005 Bonds to Direct Participants,
Indirect Participants or Beneficial Owners (as such terms are defined below) of the 2005 Bonds,
confirmation and transfer of beneficial ownership interests in the 2005 Bonds and other Bond-related
transactions by and between DTC, Direct Participants, Indirect Participants and Beneficial Owners of the
2005 Bonds is based solely on iriformation furnished by DTC to the District which the District believes to
be reliable, but the Authority, the District and the Underwriter do not and cannot make any independent
representations concerning these matters and do not take responsibility for the accuracy or completeness
thereof Neither the DTC, Direct Participants, Indirect Participants nor the Beneficial Owners should rely
on the foregoing information with respect to slich matters, but should instead confirm the same with DTC
or the DTC Participants, as the case may be.
The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the
2005 Bonds. The 2005 Bonds will be issued as fully registered securities registered in the name of Cede &
Co. (DTe's partnership nominee) or such other name as may be requested by an authorized representative
ofDTC. One fully registered 2005 Bond will be issued for each maturity of the 2005 Bonds, each in the
aggregate principal amount of such maturity and will be deposited with DTC.
DTC, the world's largest securities depository, is a limited-purpose trust company organized under
the New York Banking Law, a "banking organization" within the meaning ofthe New York Banking Law,
a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A
of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million issues
of U.S. and non-U.S. equity issues, corporate and municipal debt issues and money market instruments from
over 100 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates
the post-trade settlement among Direct Participants of sales and other securities transactions in deposited
securities, through electronic computerized book-entry transfers and pledges between Direct Participants'
accounts. This eliminates the need for physical movement of securities certificates. Direct Participants
include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations,
and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing
Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants ofDTC and Members
of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets
Clearing Corporation, (NSCC, FICC, and EMCC, also subsidiaries ofDTCC), as well as by the New York
Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities
Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities
brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a
custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC
has Standard & Poor's highest rating: AAA. The DTC Rules applicable to its Participants are on file with
the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.comand
www.dtc.org.
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which
will receive a credit for the 2005 Bonds on DTC's records. The ownership interest of each actual purchaser
of each 2005 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants'
records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial
Owners are, however, expected to receive written confirmations providing details of the transaction, as well
as periodic statements oftheir holdings, from the Direct or Indirect Participant through which the Beneficial
G-I
Owner entered into the transaction. Transfers of ownership interests in the 2005 Bonds are to be
accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership interests in the 2005
Bonds, except in the event that use of the book-entry system for the 2005 Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are
registered in the name of DTC's partnership nominee, Cede & Co., or such other name as requested by an
authorized representative ofDTC. The deposit of the 2005 Bonds with DTC and their registration in the
name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC
has no knowledge of the actual Beneficial Owners of the 2005 Bonds; DTC's records reflect only the
identity of the Direct Participants to whose accounts such 2005 Bonds are credited, which mayor may not
be the Beneficial Owners. The Direct or Indirect Participants will remain responsible for keeping account
oftheir holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners
will be governed by arrangements among them, subject to any statutory or regulatory requirements as may
be in effect from time to time. Beneficial Owners of2005 Bonds may wish to take certain steps to augment
the transmissions to them of notices of significant events with respect to the 2005 Bonds, such as
redemptions, tenders, defaults, and proposed amendments to the 2005 Bonds documents. For example,
Beneficial Owners of the 2005 Bonds may wish to ascertain that the nominee holding the 2005 Bonds for
their benefit has agreed to obtain and transmit notices to Beneficial Owners.
Redemption notices shall be sent to DTC. Ifless than all of the 2005 Bonds are being redeemed,
DTC's practice is to determine by lot the amount ofthe interest of each Direct Participant in such maturity
to be redeemed.
Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to
the 2005 Bonds unless authorized by a Direct Participant in accordance with DTC's Procedures. Under its
usual procedures, DTC mails an Omnibus Proxy to the District as soon as possible after the record date. The
Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose
accounts the 2005 Bonds are credited on the record date (identified in a listing attached to the Omnibus
Proxy).
Principal, redemption price and interest payments on the 2005 Bonds will be made to Cede & Co.,
or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to
credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from
the District, the Authority or the Fiscal Agent, on a payable date in accordance with their respective holdings
shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with securiiies held for the accounts of customers in
bearer form or registered in "street name," and will be the responsibility of such Participant and not ofDTC
(nor the nominee), the Fiscal Agent, the Authority or the District, subject to any statutory and regulatory
requirements as may be in effect from time to time. Payment of principal, redemption price and interest
payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of
DTC) is the responsibility of the Authority or the Fiscal Agent, disbursement of such payments to Direct
Participants will be the responsibility ofDTC, and disbursement of such payments to the Beneficial Owners
will be the responsibility of Direct and Indirect Participants.
DTC may discontinue providing its service as depository with respect to the 2005 Bonds at any time
by giving reasonable notice to the Fiscal Agent. Under such circumstances, in the event that a successor
depository is not obtained, 2005 Bond certificates are required to be printed and delivered.
G-2
The Authority may decide to discontinue use of the system of book-entry-only transfers through
DTC (or a successor securities depository). In that event, the 2005 Bond certificates will be printed and
delivered.
The information in this section concerning DTC and DTC's book-entry system has been obtained
from sources that the Authority and the District believe to be reliable, but the Authority and the District take
no responsibility for the accuracy thereof.
Discontinuance of DTC Services
In the event that (a) DTC determines not to continue to act as securities depository for the 2005
Bonds, or (b) the Authority determines that DTC shall no longer act and delivers a written certificate to the
Fiscal Agent to that effect, then the Authority will discontinue the Book-Entry System with DTC for the
2005 Bonds. [fthe Authority determines to replace DTC with another qualified securities depository, the
Authority will prepare or direct the preparation of a new single separate, fully registered Bond for each
maturity of the 2005 Bonds registered in the name of such successor or substitute securities depository as
are not inconsistent with the terms of the Fiscal Agent Agreement. If the Authority fails to identify another
qualified securities depository to replace the incumbent securities depository for the 2005 Bonds, then the
2005 Bonds shall no longer be restricted to being registered in the 2005 Bond registration books in the name
ofthe incumbent securities depository or its nominee, but shall be registered in whatever name or names the
incumbent securities depository or its nominee transferring or exchanging the 2005 Bonds shall designate.
In the event that the Book-Entry System is discontinued, the following provisions would also apply:
(i) the 2005 Bonds will be made available in physical form, (ii) principal of, and redemption premiums if
any, on the 2005 Bonds will be payable upon surrender thereof at the trust office of the Fiscal Agent
identified in the Fiscal Agent Agreement, and (iii) the 2005 Bonds will be transferable and exchangeable
as provided in the Fiscal Agent Agreement.
The Authority, the District and the FiscalAgentdo not have any responsibility or obligation to DTC
Participants, to the persons for whom they act as nominees, to Beneficial Owners, or to any other person
who is not shown on the registration books as being an owner oj the 2005 Bonds, with respect to (i) the
accuracy oJ any records maintained by DTC or any DTC Participants; (ii) the payment by DTC or any DTC
Participant oj any amount in respect oJthe principal of, redemption price oj or interest on the 2005 Bonds;
(iii) the delivery oj any notice which is permitted or required to be given to registered owners under the
Fiscal Agent Agreement; (iv) the selection by DTC or any DTC Participant oj any person to receive payment
in the event oj a partial redemption oJthe 2005 Bonds; (v) any consent given or other action taken by DTC
as registered owner; or (vi) any other matter arising with respect to the 2005 Bonds or the Fiscal Agent
Agreement. The Authority, the District and the Fiscal Agent cannot and do not give any assurances that
DTC, DTC Participants or others will distribute payments oJprincipal oj or interest on the 2005 Bonds paid
to DTC or its nominee, as the registered owner, or any notices to the Beneficial Owners or that they will do
so on a timely basis or will serve and act in a manner described in this Official Statement. The Authority,
the District and the Fiscal Agent are not responsible or liable Jar the failure oJDTC or any DTC Participant
to make any payment or give any notice to a Beneficial Owner in respect to the 2005 Bonds or any error or
delay relating thereto.
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.
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TEMECULA PUBLIC FINANCING AUTHORITY
CFD 03-1 (CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
BOND PURCHASE AGREEMENT
$
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
BOND PURCHASE AGREEMENT
August _' 2005
Temecula Public Financing Authority
43200 Business Park Drive
Temecula, California 92590
Ladies and Gentlemen:
Stone & Youngberg LLC (the "Underwriter") offers to enter into this Bond Purchase
Agreement (the "Bond Purchase Agreement") with the Temecula Public Financing Authority (the
"Authority") for and on behalf of Temecula Public Financing Authority Community Facilities District
No. 03-1 (Crowne Hill) (the "District") which, upon acceptance, will be binding upon the Authority and upon
the Underwriter. This offer is made subject to acceptance of it by the Authority on the date hereof, and if not
accepted will be subject to withdrawal by the Underwriter upon notice delivered to the Authority at any time
prior to the acceptance hereof by the Authority.
1. Purchase. Sale and Deliverv of the Bonds
(a) Subject to the terms and conditions and in reliance upon the representations,
warranties and agreements set forth herein, the Underwriter agrees to purchase from the Authority, and the
Authority agrees to sell to the Underwriter, all (but not less than all) of the Temecula Public Financing
Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005-B (the
"2005 Bonds") in the aggregate principal amount of $ . The 2005 Bonds are dated their date of
delivery, and bear interest at the rates set forth in Exhibit A hereto (payable on each March I and September
I of each year, commencing March 1,2006) and mature on September I, 2035. The purchase price for the
2005 Bonds shall be as set forth in Exhibit A hereto.
The 2005 Bonds will be subject to demand for and mandatory purchase pursuant to the
provisions of the Fiscal Agent Agreement by and between the Authority and U.S. Bank National Association,
as fiscal agent (the "Fiscal Agent"), dated as of August 1,2005 (the "Fiscal Agent Agreement").
The 2005 Bonds shall be substantially in the form described in, shall be issued and secured
under the provisions of, and shall be payable and subject to redemption as provided in, the Fiscal Agent
Agreement. The 2005 Bonds and interest thereon will be payable from a special tax (the "Special Tax")
levied and collected in accordance with the Fiscal Agent Agreement and Ordinance No. TPF A 03-0 I (Crowne
Hill) (the "Ordinance") adopted by the Board of Directors of the Authority (the "Board") on April 8, 2003,
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the
Government Code of the State of California) (the "Act"). The proceeds of the 2005 Bonds shall be applied
(i) to finance the acquisition and construction of certain street and signal improvements, storm drain
improvements, sewer and water improvement, fire protection improvements and park and recreation
improvements (collectively, the "Improvements") within or in the vicinity ofthe District, (ii) to eliminate in
whole an existing special assessment lien (the "Prior Lien") on parcels in the District, (iii) to pay interest on
the 2005 Bonds for a limited period oftime, (iv) to pay certain administrative expenses of the District, (v)
to pay the costs of issuing the 2005 Bonds and (vi) to establish a Reserve Fund for the 2005 Bonds.
TEMCH BPAk.wpdlLR/424
(b) Pursuantto the authorization ofthe Authority, the Underwriter has distributed copies
of the Preliminary Official Statement, dated July [27], 2005, relating to the 2005 Bonds, which, together with
the cover page and all appendices thereto, is herein called the "Preliminary Official Statement" and which,
as amended by the Authority with the prior approval of the Underwriter, will be referred to herein as the
"Official Statement." The Authority hereby ratifies the use by the Underwriter ofthe Preliminary Official
Statement and authorizes the Underwriter to use and distribute the Official Statement, the Fiscal Agent
Agreement, the other documents or contracts to which the Authority is a party, including this Bond Purchase
Agreement, relating to the 2005 Bonds, and all information contained therein, and all other documents,
certificates and statements furnished by the Authority to the Underwriter in connection with the transactions
contemplated by this Bond Purchase Agreement, in connection with the offer and sale of the 2005 Bonds by
the Underwriter.
(c) At 8:00 A.M., Los Angeles time, on August [4], 2005, or at such other time or on
such earlier or later business day as shall be agreed upon by the Underwriter and the Authority (such time and
date being herein referred to as the "Closing Date"), the Authority will deliver to the Underwriter (i) at the
offices of The Depository Trust Company, in New York, New York, the 2005 Bonds in temporary or
definitive form, bearing CUSIP'" numbers, and duly executed by the officers of the Authority and
authenticated by the Fiscal Agent as provided in the Fiscal Agent Agreement and (ii) at the offices of Quint
& Thimmig LLP in San Francisco, California, the other documents herein mentioned; and the Underwriter
shall accept such delivery and pay the purchase price of the 2005 Bonds as set forth in Section lea) hereof
by wire transfer of immediately available funds. The date of this payment and delivery, together with the
delivery of the aforementioned documents, is herein called the "Closing." Notwithstanding the foregoing,
the Underwriter may, in its discretion, accept delivery of the 2005 Bonds in temporary form upon making
arrangements with the Authority which are satisfactory to the Underwriter relating to the delivery ofthe 2005
Bonds in definitive form. The 2005 Bonds shall be in fully registered form, registered in the name of CEDE
& Co., as nominee of The Depository Trust Company. The failure to print CUSIP'" identification numbers
on any of the 2005 Bonds or any error with respect thereto shall not constitute cause for a failure or refusal
of the Underwriter to accept delivery of, or pay for, the 2005 Bonds in accordance with the terms of this Bond
Purchase Agreement.
(d) The Underwriter agrees to offer all the 2005 Bonds to the public initially at the a
price of par. Subsequent to the initial public offering of the 2005 Bonds, the Underwriter reserves the right
to change the public offering prices (or yields) as it deems necessary in connection with the marketing ofthe
2005 Bonds. The 2005 Bonds may be offered and sold to certain dealers at prices lower than such initial
public offering prices.
2. Reoresentations. Warranties and Agreements of the Authoritv. The Authority
represents, warrants and covenants to and agrees with the Underwriter that:
(a) The District is duly organized and validly existing as a community facilities district
under the laws of the State of California (the "State") and the Authority has, and at the Closing Date will
have, as the case may be, full legal right, power and authority for and on behalf of the District (i) to adopt the
Procedural Resolutions (as defIDed below) and the Ordinance, (ii) to execute and deliver the 2005 Bonds and
the District Documents (as defined below) and to perform its obligations under the 2005 Bonds and the
District Documents, (iii) to issue, sell and deliver the 2005 Bonds to the Underwriter pursuant to the
Procedural Resolutions and the Fiscal Agent Agreement as provided herein, and (iv) to carry out, give effect
to and consummate the transactions on its part contemplated by the Procedural Resolutions, the Official
Statement, the 2005 Bonds and the District Documents. For purposes of this Bond Purchase Agreement,
Resolution No. TPFA 03-1 adopted by the Board on January 28, 2003, stating the intention to establish the
District, Resolution No. TPF A 03-2 adopted by the Board on January 28, 2003, stating the intention to incur
bonded indebtedness, Resolution No. TPF A 03-05 adopted by the Board on March 25, 2003, establishing the
District and authorizing the levy of the Special Tax within the District, Resolution No. TPF A 03-06 adopted
2
TEMCH BPAk.wpdlLR/424
by the Board on March 25, 2003, declaring the necessity to incur bonded indebtedness, Resolution No. TPF A
03-07 adopted by the Board on March 25, 2003, calling for a special election in the District, Resolution No.
TPFA 03-08 adopted by the Board on March 25, 2003, declaring the results of the election, the Resolution
adopted by the Board on May 13,2003, calling for a special ratifying election, the Resolution adopted by the
Board on May 13, 2003, declaring results of special ratifying election and directing recording of an amended
notice of special tax lien, and the Resolution adopted by the Board on May 13,2003, authorizing the issuance
ofthe 2005 Bonds are referred to as the "Procedural Resolutions" and the Fiscal Agent Agreement, the Bond
Purchase Agreement, the District Continuing Disclosure Agreement (the "District Continuing Disclosure
Agreement"), dated as of August 1,2005, by and between the District and U.S. Bank National Association,
as dissemination agent (the "Dissemination Agent"), the Acquisition Agreement (the "Acquisition
Agreement"), dated as of June 1,2003, by and between the Authority and Lennar Homes of California, Inc.,
a Califomia corporation ("Lennar Homes"), as amended by the Supplement No. I to Acquisition Agreement,
dated as of August I, 2005, by and between the Authority and the Lennar Homes, and the Joint Community
Facilities Agreement - City (the "Joint Community Facilities Agreement - City"), dated as of March 1,2003,
by and between the Temecula Public Financing Authority and the City ofTemecula (the "City"), the Joint
Community Facilities Agreement -RCWD (the "Joint Community Facilities Agreement - RCWD"), dated as
of March 1,2003, by and among the Temecula Public Financing Authority, the Rancho California Water
District ("RCWD") and Lennar Homes, the Joint Community Facilities Agreement - EMWD (the "Joint
Community Facilities Agreement - EMWD"), dated as of March 1,2003, by and among the TerneculaPublic
Financing Authority, Eastern Municipal Water District ("EMWD") and Lennar Homes, and the Joint
Community Facilities Agreement - Cal Trans (the "Joint Community Facilities Agreement - Cal Trans"),
dated as of March I, 2003, by and between the Temecula Public Financing Authority and the State of
California Department of Transportation are referred to herein as the "District Documents");
(b) The Authority has complied, and will at the Closing Date be in compliance, in all
respects material to issuance and delivery ofthe 2005 Bonds with the 2005 Bonds, the District Documents
and the Act and the Authority will continue to comply with the covenants of the Authority contained in the
2005 Bonds and the District Documents;
(c) The Board for and on behalf of the District has duly and validly: (i) adopted the
Procedural Resolutions and the Ordinance, (ii) called, held and conducted in accordance with all requirements
of the Act an election to approve the levy of the Special Tax, (iii) authorized the preparation and delivery of
the Preliminary Official Statement and the Official Statement, (iv) authorized and approved the execution and
delivery of the 2005 Bonds and the District Documents and (v) authorized and approved the performance by
the Authority of its obligations contained in, and the taking of any and all action on its part as may be
necessary to carry out, give effect to and consununate the transactions on its part contemplated by, each of
said documents (including, without limitation, the levy and collection of the Special Tax and the use of the
proceeds of the 2005 Bonds to acquire public improvements), and at the Closing Date the 2005 Bonds and
the District Documents have been, or on or before the Closing Date, will be duly executed and delivered by
the Authority and on the Closing Date, the 2005 Bonds and the District Documents will constitute the valid,
legal and binding obligations of the Authority on behalf of the District, and (assuming due authorization,
execution and delivery by other parties thereto, where necessary of the other parties thereto) will be
enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization,
moratorium and other laws affecting the enforcement of creditors' rights in general and to the application of
equitable principles if equitable remedies are sought;
(d) The Authority is not in breach of or default under any applicable law or
administrative rule or regulation ofthe State or the United States of America, or of any department, division,
agency or instrumentality of either thereof, or under any applicable court or administrative decree or order,
or under any loan agreement, note, resolution, indenture, fiscal agent agreement, contract, agreement or other
instrument to which the Authority is a party or is otherwise subject or bound, a consequence of which could
be to materially and adversely affect the performance by the Authority of its obligations under the Procedural
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Resolutions, the Ordinance, the 2005 Bonds or the District Documents and compliance with the provisions
of each thereof, will not conflict with or constitute a breach of or default under any applicable law or
administrative rule or regulation of the State, or of any department, division, agency or instrumentality
thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note,
resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Authority
is a party or is otherwise subject or bound a consequence of which could be to materially and adversely affect
the ability of the Authority to perform its obligations under the 2005 Bonds or any District Documents;
(e) The adoption of the Procedural Resolutions and the Ordinance, and the execution
and delivery by the Authority of the 2005 Bonds, the Official Statement and the District Documents and
compliance by the Authority with the provisions thereof, did not and will not conflict with or constitute a
breach of or default under any applicable law or administrative rule or regulation of the State or the United
States of America, or of any department, division, agency or instrumentality of either thereof, or under any
applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture,
fiscal agent agreement, contract, agreement or other instrument to which the Authority is a party or is
otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability
of the Authority to perform its obligations under the 2005 Bonds or any of the District Documents;
(t) All approvals, consents, authorizations, elections and orders of or filings or
registrations with any State governmental authority, board, agency or commission having jurisdiction which
would constitute a condition precedent to, or the absence of which would materially adversely affect, the
ability of the Authority to execute and deliver and perform its obligations under the 2005 Bonds or the
District Documents have been or will be obtained and are in full force and effect, except that the Authority
provides no representation regarding compliance with "Blue Sky" or other securities laws or regulations
whatsoever;
(g) The 2005 Bonds, the Procedural Resolutions, the Ordinance and the District
Documents conform as to form and tenor to the descriptions thereof contained in the Preliminary Official
Statement, and which will be contained in the Official Statement as ofthe Closing Date, and when delivered
to and paid for by the Underwriter on the Closing Date as provided herein, the 2005 Bonds will be validly
issued and outstanding;
(h) The Special Tax constituting the security for the 2005 Bonds has been duly and
lawfully authorized and may be levied under the Act and the Constitution and the applicable laws of the State,
and such Special Tax, when levied, will constitute a valid lien on the properties on which it has been levied;
(i) Except as described in the Official Statement under the caption "THE COMMUNITY
FACILITIES DISTRICT - Direct and Overlapping Debt," " - Overlapping Assessment and Community
Facilities Districts" and "- Other Overlapping Direct Assessments," there are no outstanding assessment liens
or special tax liens levied by the Authority for itself or on behalf of any community facilities district or
assessment district against any ofthe properties within the District which are senior to the Special Tax lien
referred to in paragraph I(a) hereof, and the Authority has no present intention of conducting further
proceedings leading to the levying of additional special taxes or assessments against any of the properties
within the District;
(j) As ofthe date thereof, the Preliminary Official Statement (excluding the information
under the caption of'THE COMMUNITY FACILITIES DISTRICT - Property Ownership," as to which the
Authority and the District shall not be required to express any view) did not contain any untrue statement of
a material fact or omit to state a material fact required to be stated therein or necessary in order to make the
statements therein, in the light ofthe circumstances under which they were made, not misleading; the Official
Statement (excluding the information under the caption of "THE COMMUNITY FACILITIES DISTRICT
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- Property Ownership," as to which the Authority and the District shall not be required to express any view)
does not and, as of the Closing Date, will not contain any untrue or misleading statement of a material fact
or omit to state any material fact required to be stated therein or necessary to make the statements therein, in
the light ofthe circumstances under which they'X:re made, not misleading;
(k) After the Closing Date and until the date which is twenty-five (25) days after the
underwriting period (as defined below), (i) the Authority will not adopt any amendment of or supplement to
the Official Statement to which the Underwriter shall object in writing or which shall be disapproved by
counsel for the Underwriter and (ii) if any event shall occur of which the Authority is aware, as a result of
which it is necessary, in the reasonable opinion of counsel for the Underwriter, to amend or supplement the
Official Statement in order to make the Official Statement not misleading in the light of the circumstances
existing at the time it is delivered to an initial purchaser of the 2005 Bonds, the Authority will forthwith
prepare and furnish to the Underwriter a reasonable number of copies of an amendment of or supplement to
the Official Statement (in form and substance satisfactory to counsel for the Underwriter) which will amend
or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit
to state a material fact required to be stated therein or necessary in order to make the statements therein, in
the light ofthe circumstances existing at the time the Official Statement is delivered to an initial purchaser
of the 2005 Bonds, not misleading. The costs of preparing any necessary amendment or supplement to the
Official Statement shall be borne by the District. The term "end of the underwriting period" means the later
of such time as (i) the Authority delivers the 2005 Bonds to the Underwriter or (ii) the Underwriter does not
retain an unsold balance of the 2005 Bonds for sale to the public. Unless the Underwriter gives notice to the
contrary, the "end ofthe underwriting period" shall be deemed to be the Closing Date. Any notice delivered
pursuant to this provision shall be written notice delivered to the Authority at or prior to the Closing Date,
and shall specifY a date (other than the Closing Date) to be deemed the "end of the underwriting period;"
(I) The Fiscal Agent Agreement creates a valid pledge ofthe Special Tax Revenues and
any other amounts (including proceeds of the sale of the 2005 Bonds) held in the Bond Fund and the Special
Tax Fund established pursuant to the Fiscal Agent Agreement, subject in all cases to the provisions of the
Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions
set forth therein;
(m) No action, suit, proceeding, inquiry or investigation, at law or in equity, before or
by any court, regulatory agency, public board or body is pending against the Authority with respect to which
the Authority has been served with process, or to the knowledge of the Authority threatened, affecting the
existence of the Authority or the District or the titles of its officers to their respective offices (i) which would
materially adversely affect the ability of the Authority to perform its obligations under the 2005 Bonds or the
District Documents, or (ii) seeking to restrain orto enjoin the development of the land within the District, the
issuance, sale or delivery of the 2005 Bonds, the application of the proceeds thereof in accordance with the
Fiscal Agent Agreement, or the collection or application ofthe Special Tax pledged or to be pledged to pay
the principal of and interest on the 2005 Bonds, or the pledge thereof, or in any way contesting or affecting
the validity or enforceability of the 2005 Bonds, the District Documents, any other instruments relating to
the development of any of the property within the District, or any action of the Authority contemplated by
any of said documents, or (iii) in any way contesting the completeness or accuracy of the Preliminary Official
Statement or the Official Statement or the powers or authority ofthe Authority with respect to the Procedural
Resolutions, the Ordinance, the 2005 Bonds or the District Documents, or any action of the Authority
contemplated by any of said documents; or (iv) which alleges that interest on the 2005 Bonds is not
excludable from gross income for federal income tax purposes or is not exempt from State personal income
taxation, nor to the knowledge of the Authority is there any basis therefor;
(n) The Authority will furnish such information, execute such instruments and take such
other action in cooperation with the Underwriter as the Underwriter may reasonably request in order for the
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Underwriter to qualify the 2005 Bonds for offer and sale under the "Blue Sky" or other securities laws and
regulations of such states and other jurisdictions of the United States of America as the Underwriter may
designate; provided, however, the Authority shall not be required to register as a dealer or a broker of
securities nor shall the Authority be required to consent to service of process or jurisdiction or qualify to do
business in any jurisdiction or to expend funds for this purpose;
(0) Any certificate signed by any official of the Authority authorized to do so and
delivered by the Authority at the Closing shall be deemed a certification to the Underwriter by the Authority
as to the statements made therein;
(p) During the period from the date hereof until the Closing Date, the Authority agrees
to furnish the Underwriter with copies of any documents it files with any regulatory authority which are
requested by the Underwriter;
(q) The Authority is not in default, nor has the Authority been in default at any time, as
to the payment of principal or interest with respect to an obligation issued by the Authority or with respect
to an obligation guaranteed by the Authority as guarantor;
(r) The Authority will apply the proceeds from the sale of the 2005 Bonds as set forth
in and for the purposes specified in the Fiscal Agent Agreement;
(s) The Authority will undertake, pursuant to the Fiscal Agent Agreement and the
District Continuing Disclosure Agreement to provide certain annual financial information and information
about the District, together with notices of the occurrence of certain events, if material. A copy of the District
Continuing Disclosure Agreement is set forth in Appendix F of the Preliminary Official Statement and will
also be set forth in the Official Statement, and the specific nature of the information to be contained in the
Annual Report (as defined in the District Continuing Disclosure Agreement) or the notices of material events
is set forth in the District Continuing Disclosure Agreement;
(t) The Preliminary Official Statement heretofore delivered to the Underwriter was, and
hereby is, expressly deemed final by the Authority as of its date, except for the omission of such information
as is permitted to be omitted in accordance with paragraph (b)(1) of Section 240.15c2-12 in Chapter II of
Title 17 of the Code of Federal Regulations ("Rule 15c2-12"). The Authority hereby covenants and agrees
that, within seven (7) business days from the date hereof, or upon reasonable written notice from the
Underwriter within sufficient time to accompany any conformation requesting payment from any customers
of the Underwriter, the Authority shall cause a final printed form of the Official Statement to be delivered
to the Underwriter in sufficient quantity specified by the Underwriter to comply with paragraph (b)(4) of
Rule 15c2-12 and Rules G-12, G-15, G-32 and G-36 of the Municipal Securities Rulemaking Board;
(u) The District has not failed to comply with any continuing disclosure undertaking
previously entered into in connection with the provisions of Rule 15c2-12(b)(5); and
(v) Except as disclosed in the Official Statement, the Authority and the City have not
failed to comply with any continuing disclosure undertaking previously entered into for itself or on behalf
of another entity, in connection with the provisions of Rule 15c2-12(b)(5).
3. Conditions to the Obligations ofthe Underwriter. The obligations ofthe Underwriter
to accept delivery of and pay for the 2005 Bonds on the Closing Date shall be subject, at the option of the
Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the
Authority contained herein, as of the date hereof and as of the Closing Date, to the accuracy in all material
respects of the statements ofthe officers and other officials ofthe Authority made in any certificates or other
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documents furnished pursuant to the provisions hereof, to the performance by the Authority of its obligations
to be performed hereunder at or prior to the Closing Date and to the following additional conditions:
(a) At the Closing Date, the Procedural Resolutions, the Ordinance, the 2005 Bonds, the
District Documents, and any other applicable agreements, shall be in full force and effect, and shall not have
been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter,
and there shall have been taken in connection therewith, with the issuance of the 2005 Bonds and with the
transactions contemplated thereby and by this Bond Purchase Agreement, all such actions as, in the opinion
of Quint & Thimmig LLP, San Francisco, California ("Bond Counsel"), shall be necessary and appropriate.
(b) At the Closing Date, the Official Statement shall be in form and substance
satisfactory to the Underwriter and the Authority and shall not contain any untrue statement of a material fact
or omit to state a material fact required to be stated therein or necessary to make the statements therein, in
light of the circumstances under which they were made, not misleading.
(c) Between the date hereof and the Closing Date, the market price or marketability of
the 2005 Bonds at the initial offering prices set forth in the Official Statement shall not have been materially
adversely affected, in the reasonable judgment of the Underwriter (evidenced by a written notice to the
Authority terminating the obligation of the Underwriter to accept delivery of and pay for the 2005 Bonds),
by reason of any of the following:
(I) legislation introduced in or enacted (or resolution passed) by the Congress
of the United States of America or recommended to the Congress by the President of the United
States of America, the Department of the Treasury, the Internal Revenue Service, or any member of
Congress, or favorably reported for passage to either House of Congress by any committee of such
House to which such legislation had been referred for consideration or a decision rendered by a court
established under Article III ofthe Constitution of the United States of America or by the Tax Court
of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press
release or other form of notice issued or made by or on behalf of the Treasury Department or the
Internal Revenue Service of the United States of America, with the purpose or effect, directly or
indirectly, of imposing federal income taxation upon the interest as would be received by the owners
of the 2005 Bonds beyond the extent to which such interest is subject to taxation as of the date
hereof;
(2) legislation introduced in or enacted (or resolution passed) by the Congress
of the United States of America, or an order, decree or injunction issued by any court of competent
jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release or other form
of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other
govemmental agency having jurisdiction of the subject matter, to the effect that obligations of the
general character of the 2005 Bonds, or the 2005 Bonds, including any or all underlying
arrangements, are not exempt from registration under or other requirements ofthe Securities Act of
1933, as amended, or that the Fiscal Agent Agreement is not exempt from qualification under or
other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or
sale of obligations of the general character of the 2005 Bonds, or of the 2005 Bonds, including any
or all underwriting arrangements, as contemplated hereby or by the Official Statement or otherwise
is or would be in violation of the federal securities laws as amended and then in effect;
(3) a general suspension of trading in securities on the New York Stock
Exchange, or a general banking moratorium declared by federal, State of New York or State officials
authorized to do so;
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(4) any amendment to the federal or State Constitution or action by any federal
or State court, legislative body, regulatory body or other authority materially adversely affecting the
tax status of the Authority or the District, its property, income, securities (or interest thereon) or the
validity or enforceability of the Special Tax;
(5) any event occurring, or information becoming known, which, in the
reasonable judgment of the Underwriter, makes untrue in any material respect any statement or
information contained in the Official Statement, or results in the Official Statement containing any
untrue or misleading statement of a material fact or omitting to state a material fact required to be
stated therein or necessary to make the statements therein, in the light of the circumstances under
which they were made, not misleading;
(6) the entry of an order by a court of competent jurisdiction which enjoins or
restrains the City from issuing permits, licenses or entitlements within the District, which order, in
the reasonable opinion ofthe Underwriter, materially and adversely affects proposed developments
within the District in particular or the City in general;
(7) any legislation, ordinance, rule or regulation shall be introduced in, or be
enacted by any governmental body, department or agency ofthe State or a decision by any court of
competent jurisdiction within the State or any court ofthe United States of America shall be rendered
which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of
the 2005 Bonds;
(8) additional material restrictions not in force as of the date hereof shall have
been imposed upon trading in securities generally by any governmental authority or by any national
securities exchange which restrictions materially adversely affect the Underwriter's ability to market
the 2005 Bonds; or
(9) the United States of America has become engaged in hostilities which have
resulted in a declaration of war or a national emergency or there has occurred any other outbreak or
escalation of hostilities or a national or international calamity or crisis, financial or otherwise, the
effect of such outbreak, calamity or crisis on the financial markets of the United States of America,
being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely
the ability of the Underwriter to market the 2005 Bonds.
(d) On or prior to the Closing Date, the Underwriter shall have received two counterpart
originals or certified copies of each of the following documents, in each case satisfactory in form and
substance to the Underwriter:
(I) The Procedural Resolutions and the Ordinance, together with a certificate
dated as of the Closing Date ofthe Secretary ofthe Board to the effect that each is a true, correct and
complete copy of the one duly adopted by the Board;
(2) An executed copy of the Fiscal Agent Agreement;
(3) An executed copy ofthis Bond Purchase Agreement;
(4) An executed copy of the Official Statement;
(5) An executed copy of the District Continuing Disclosure Agreement;
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(6) An executed copy of the Acquisition Agreement and Supplement No. I to
Acquisition Agreement;
(7) Executed copies of the Joint Community Facilities Agreement - City, the
Joint Community Facilities Agreement - RCWD, the Joint Community Facilities Agreement -
EMWD, and the Joint Community Facilities Agreement - Cal Trans;
(8) An approving opinion, dated the Closing Date and addressed to the
Authority, of Bond Counsel for the Authority, in the form attached to the Official Statement as
Appendix H and a letter, dated the Closing Date and addressed to the Underwriter, to the effect that
such opinion addressed to the Authority may be relied upon by the Underwriter to the same extent
as if such opinion was addressed to it;
(9) A supplemental opinion, dated the Closing Date and addressed to the
Underwriter of Bond Counsel to the effect that (i) the 2005 Bonds are not subject to the registration
requirements of the Securities Act of 1933, as amended and the Fiscal Agent Agreement is exempt
from qualification pursuant to the Trust Indenture Act of 1939, as amended; (ii) the Bond Purchase
Agreement has been duly authorized, executed and delivered by the Authority, and (assuming the
due authorization, execution and delivery by, and validity against, the Underwriter) is a valid and
binding agreement ofthe Authority enforceable in accordance with its terms, except as enforcement
may be limited by bankruptcy, moratorium, insolvency or other laws affecting creditor's rights or
remedies and is subject to general principles of equity (regardless of whether such enforceability is
considered in equity or at law); (iii) the statements contained in the Official Statement on the cover
page and under the captions "INTRODUCTION - Sources of Payment for the 2005 Bonds,"
"INTRODUCTION - Tax Exemption," "THE 2005 BONDS," "SECURITY FOR THE 2005
BONDS," "LEGAL MATTERS - Tax Exemption," APPENDIX D - "Summary of Certain
Provisions of the Fiscal Agent Agreement" and APPENDIX F - "Form of Opinion of Bond Counsel"
and are accurate insofar as such statements expressly summarize certain provisions of the 2005
Bonds, the Fiscal Agent Agreement and such firm's opinion concerning certain federal tax matters
relating to the 2005 Bonds and (iv) the District is duly formed as a community facilities district under
the Act;
(10) An opinion, dated the Closing Date and addressed to the District and the
Underwriter of McFarlin & Anderson LLP, Disclosure Counsel, to the effect that without having
undertaken to determine independently the accuracy, completeness or fairness of the statements
contained in the Official Statement, but on the basis of their participation in conferences with
representatives of the District, Richards, Watson & Gershon ("District Counsel"), Bond Counsel,
representatives of the Underwriter, representatives of Lellllar Homes, Pillsbury Winthrop LLP, as
counsel to Lellllar Homes, and others, and their examination of certain documents, no information
has come to their attention which would lead them to believe that the Official Statement as of its date
and as of the Closing Date contained any untrue statement of a material fact or omitted to state any
material fact required to be stated therein or necessary in order to make the statements therein, in the
light of the circumstances under which they were made, not misleading (except that no opinion or
belief need be expressed as to the information concerning the information under the captions
APPENDIX B - 'Temecula Public Financing Authority Community Facilities District No. 03-1
(Crowne Hill) Rate and Method of Apportionment of Special Tax," APPENDIX 0 - "Summary of
Certain Provisions of Fiscal Agent Agreement," APPENDIX F - "Form of Opinion of Bond
Counsel" and APPENDIX G - "Book-Entry System," any financial, statistical or economic data or
forecasts, numbers, charts, tables, graphs, maps, estimates, projections, assumptions or expressions
of opinion, or any information about valuation, appraisals, market absorption or environmental
matters or any information about book-entry or DTC contained in the Official Statement);
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(II) An opinion, dated the Closing Date and addressed to the Underwriter, of the
City Attorney, as counsel to the Authority and to the District, to the effect that:
(i)
of the State;
The Authority is duly organized and validly existing under the Constitution and laws
(ii) The District is duly organized and validly existing as a community facilities district
under the laws of the State, with full legal right, power and authority to issue the 2005 Bonds and to
perform all of its obligations under the 2005 Bonds and the District Documents;
(iii) To the best of such counsel's knowledge, no action, suit, proceeding, inquiry or
investigation, at law or in equity, before or by any court, regulatory agency, public board or body is
pending or threatened against the Authority or the District affecting the existence of the Authority
or the District or the title of their officers to their respective offices, or which would materially
adversely affect the ability of the Authority to perform its obligations hereunder or under the 2005
Bonds or the District Documents or seeking to restrain or to enjoin the development of property
within the District, the issuance, sale, or delivery of the 2005 Bonds or the exclusion from gross
income for federal income tax purposes or State personal income taxes of interest on the 2005 Bonds,
or the application of the proceeds thereof in accordance with the Fiscal Agent Agreement, or the
collection or application ofthe Special Tax to pay the principal of and interest on the 2005 Bonds,
or in any way contesting or affecting the validity or enforceability of the 2005 Bonds or the District
Documents or any action of the Authority contemplated by any of said documents or the accuracy
or completeness of the Preliminary Official Statement or the Official Statement;
(iv) The Board on behalf of the District has duly and validly adopted the Procedural
Resolutions and the Ordinance at meetings of the Board which were called and held pursuant to law
and with all public notice required by law and at which a quorum was present and acting at the time
of adoption, and the Procedural Resolutions and the Ordinance are now in full force and effect and
have not been amended;
(v) To the best of such counsel's knowledge, the Authority and the District are not in
breach of or in default under any applicable law or administrative rule or regulation of the State or
the United States of America, or of any department, division, agency or instrumentality of either
thereof, or under any applicable court or administrative decree or order, or under any loan agreement,
note, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which
the Authority or the District is a party or is otherwise subject or bound, a consequence of which could
be to materially and adversely affect the ability of the Authority or the District to perform their
obligations under the Procedural Resolutions, the Ordinance, the 2005 Bonds or any District
Documents or which, with the passage of time or the giving of notice or both, would constitute an
event of default thereunder;
(vi) The adoption of the Procedural Resolutions and the Ordinance, and the execution
and delivery ofthe 2005 Bonds and the District Documents, and compliance with the provisions of
each, did not and will not conflict with or constitute a breach of or default under any applicable court
or administrative decree or order, or under any loan agreement, note, ordinance, resolution, indenture,
fiscal agent agreement, contract, agreement or other instrument to which the Authority or the District
is a party or is otherwise subject or bound, a consequence of which could be to materially and
adversely affect the ability of the Authority to perform its obligations under the 2005 Bonds or any
District Documents; and
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(vii) Without having undertaken to determine independently the accuracy, completeness
or fairness ofthe statements contained in the Official Statement, but on the basis oftheir participation
in conferences with representatives of the Authority, the District, Bond Counsel, Disclosure Counsel,
representatives of the Underwriter, Lennar Homes and others, and their examination of certain
documents, no information has come to their attention which would lead them to believe that the
information with respect to the Authority and the District in the Official Statement, as of its date and
as of the Closing Date, contained any untrue statement of a material fact or omitted to state any
material fact required to be stated therein or necessary in order to make the statements therein, in the
light ofthe circumstances under which they were made, not misleading (except that no opinion or
belief need be expressed as to any Appendix to the Official Statement or any other financial,
statistical or economic data or forecasts, numbers, charts, graphs, estimates, projections, assumptions
or expressions of opinion, or any information about valuation or appraisals, or any information about
Greystone Homes, Inc., a Delaware corporation ("Greystone Homes") or Crowne Hill Reserve 28,
LLC, a California limited liability company ("Crowne Hill Reserve 28, LLC") (as such terms are
defined in the Official Statement) the book-entry or DTC contained in the Official Statement);
(12) A Certificate, dated the Closing Date and signed by an authorized
representative ofthe Authority, certifying that (i) the representations and warranties ofthe Authority
contained in this Bond Purchase Agreement are true and correct in all material respects on and as of
the Closing Date with the same effect as if made on the Closing Date; (ii) no event has occurred since
the date of the Official Statement affecting the matters contained therein which should be disclosed
in the Official Statement for the purposes for which it is to be used in order to make the statements
and information contained in the Official Statement with respect to the Authority or the District not
misleading in any material respect; and (iii) the Authority has complied with all the agreements and
satisfied all the conditions on its part to be performed or satisfied under the 2005 Bonds and the
District Documents at or prior to the Closing Date in order to issue the 2005 Bonds;
(13) A certificate of the Authority, in a form acceptable to Bond Counsel,
containing the Authority's reasonable expectations in support ofthe conclusion that the 2005 Bonds
are not arbitrage bonds within the meaning of Section 148 ofthe Internal Revenue Code of 1986, as
amended;
(14) An opinion of counsel to the Fiscal Agent, dated the Closing Date, addressed
to the Underwriter, in form and substance satisfactory to the Underwriter, to the effect that:
(i) The Fiscal Agent is a national banking association, organized and existing under and
by virtue of the laws of the United States of America;
(ii) The Fiscal Agent has duly authorized the execution and delivery of the Fiscal Agent
Agreement and the District Continuing Disclosure Agreement (the "Continuing Disclosure
Agreement");
(iii) The Fiscal Agent Agreement and the Continuing Disclosure Agreement have been
duly entered into and delivered by the Fiscal Agent and assuming due, valid and binding
authorization, execution and delivery by the other parties thereto, constitute the legal, valid and
binding obligations of the Fiscal Agent enforceable against the Fiscal Agent in accordance with their
terms, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency or
other similar laws affecting the enforcement of creditors' rights generally, or by general principles
of equity;
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(iv) Acceptance by the Fiscal Agent ofthe duties and obligations under the Fiscal Agent
Agreement, and the Continuing Disclosure Agreement and compliance with provisions thereof will
not conflict with or constitute a breach of or default under any law or administrative regulation, court
decree, resolution, charter, by-laws, agreement, instrument or commitment to which the Fiscal Agent
is subject;
(v) All approvals, consents and orders of any governmental authority or agency having
jurisdiction in the matter which would constitute a condition precedent to the performance by the
Fiscal Agent of its duties and obligations under the Fiscal Agent Agreement and the Continuing
Disclosure Agreement have been obtained and are in full force and effect;
(vi) To such counsel's knowledge, there is no litigation pending or threatened against or
affecting the Fiscal Agent to restrain or enjoin the Fiscal Agent's participation in, or in any way
contesting the powers ofthe Fiscal Agent with respect to the transactions contemplated by the 2005
Bonds or the Fiscal Agent Agreement; and
(vii) To such counsel's knowledge, there is no litigation pending or threatened against or
affecting the Fiscal Agent to restrain or enjoin the Fiscal Agent's participation in, or in any way
contesting the powers of the Fiscal Agent with respect to the transactions contemplated by the 2005
Bonds, or the Fiscal Agent Agreement;
(15) A certificate of the Fiscal Agent, dated the Closing Date, in form and
substance acceptable to counsel for the Underwriter, to the following effect:
(i) The Fiscal Agent is a national banking association, and is organized and existing
under and by virtue of the laws of the United States of America, and has the full power and authority
to accept and perform its duties under the Fiscal Agent Agreement and the Continuing Disclosure
Agreement;
(ii) Subject to the provisions of the fiscal Agent Agreement, the Fiscal Agent will apply
the proceeds from the 2005 Bonds to the purposes specified in the Fiscal Agent Agreement;
(iii) The 2005 Bonds have been duly and validly authenticated on behalf of Fiscal Agent;
(iv) No consent, approval, authorization or other action by any governmental or
regulatory authority having jurisdiction over the Fiscal Agent that has not been obtained is or will
be required for the authentication of the 2005 Bonds or the consummation by the Fiscal Agent of the
other transactions contemplated to be performed by the Fiscal Agent in connection with the
authentication ofthe 2005 Bonds and the acceptance and performance of the obligations created by
the Fiscal Agent Agreement;
(v) There is no action, suit, proceeding, inquiry or investigation, at law or in equity,
before or by any court, regulatory agency, public board or body pending or, to the best of its
knowledge, threatened in any way affecting the existence ofthe Fiscal Agent, or seeking to restrain
or to enjoin the execution and delivery ofthe Fiscal Agent Agreement or the Continuing Disclosure
Agreement, or the authentication of the 2005 Bonds, by the Fiscal Agent, or in any way contesting
or affecting the validity or enforceability, as against the Fiscal Agent, ofthe Fiscal Agent Agreement
or the Continuing Disclosure Agreement or any action of the Fiscal Agent contemplated by any of
said documents, or in which an adverse outcome would materially and adversely affect the ability
of the Fiscal Agent to perform its obligations under the Fiscal Agent Agreement or the Continuing
Disclosure Agreement;
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(vi) The Fiscal Agent is not in breach of or in default under any applicable law or
administrative rule or regulation of the State or the United States of America, or of any department,
division, agency or instrumentality of either thereof, or under any applicable court or administrative
decree or order, or under any loan agreement, note, resolution, indenture, fiscal agent agreement,
contract, agreement or other instrument to which the Fiscal Agent is a party or is otherwise subject
or bound, a consequence of which could be to materially and adversely affect the ability ofthe Fiscal
Agent to perform its obligations under the Fiscal Agent Agreement or the Continuing Disclosure
Agreement; and
(vii) The authentication of the 2005 Bonds, and the execution and delivery of the Fiscal
Agent Agreement and the Continuing Disclosure Agreement by the Fiscal Agent, and compliance
with the provisions of each, will not conflict with or constitute a breach of or default under any
applicable law or administrative rule or regulation of the State or the United States of America, or
of any department, division, agency or instrumentality of either thereof, or under any applicable court
or administrative decree or order, or under any loan agreement, note, ordinance, resolution, indenture,
fiscal agent agreement, contract, agreement or other instrument to which the Fiscal Agent is a party
or is otherwise subject or bound, a consequence of which could be to materially and adversely affect
the ability of the Fiscal Agent to perform its obligations under the Fiscal Agent Agreement or the
Continuing Disclosure Agreement;
(16) A certificate from Canty Engineering Group, Inc. to the effect that (i) if the
Special Tax is levied in accordance with the terms as set forth in the Rate and Method of
Apportionment of Special Tax of the District and collected, the amount of the levy will be sufficient
to make timely payments of debt service and estimated annual administrative expenses on the 2005
Bonds, provided that, acreage and number of units supplied by the District, by Lennar Homes, or by
any oftheir agents, which has been relied upon by Canty Engineering Group, Inc. is true and correct
(no representation need be made as to the actual amounts that will be collected in future years), (ii)
the amount of the maximum Special Taxes that may be levied in each Fiscal Year is at least 110%
of the annual debt service for the 2005 Bonds for each such Fiscal Year, assuming that the net taxable
acreage and projected development figures provided to Canty Engineering Group, Inc. by Lennar
Homes are true and correct, (iii) the description of the Rate and Method of Apportionment of the
Special Taxes contained in the section captioned "SECURITY FOR THE BONDS- Special Taxes,"
and in Appendix B is correctly presented in all material respects and (iv) that, as of the dates of the
Preliminary Official Statement and the Official Statement the information contained in those portions
of the Official Statement entitled "INTRODUCTION - The Community Facilities District,"
"INTRODUCTION - Sources of Payment for the 2005 Bonds," "SECURITY FOR THE BONDS
- Special Taxes," "SECURITY FOR THE 2005 BONDS - Rate and Method," "THE COMMUNITY
FACILITIES DISTRICT - Estimated Special Tax Allocation by Property Ownership," "THE
COMMUNITY FACILITIES DISTRICT - Direct and Overlapping Debt," "THE COMMUNITY
FACILITIES DISTRICT - Overlapping Assessment and Community Facilities Districts," "THE
COMMUNITY FACILITIES DISTRICT - Other Overlapping Direct Assessments," "THE
COMMUNITY FACILITIES DISTRICT - ," "BONDOWNERS' RISKS
- Levy and Collection of the Special Tax," "BONDOWNERS' RISKS - Exempt Properties," and
in the Tables of the Official Statement captioned "Table 3 - Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill) Owners of Taxable Property as of May 15,
2005 and Estimated Allocation of Special Tax Liability Fiscal Year 2005-06," "Table 4 - Temecula
Public Financing Authority Community Facilities District No.03-1 (Crowne Hill) Projected Fiscal
Year 2005-06 Special Tax Levy By Zone and RMA Property Classification," "Table 5 - Historical
Delinquency Information," "Table 6 - Ternecula Public Financing Authority Community Facilities
District No. 03-1 (Crowne Hill) Detailed Direct and Overlapping Debt" and "Appendix B" and the
other data provided by the Special Tax Consultant and included in the Official Statement, do not, to
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my knowledge, contain any untrue statement of a material fact or omit to state a material fact
necessary to make the statements made therein, in light of the circumstances under which they were
made, not misleading;
(17) A certificate of Stephen G. White, MAl to the effect that (i) he is an
authorized principal of Stephen G. White, MAl (the "Appraiser") and as such is familiar with the
facts herein certified and is authorized and qualified to certify the same; (ii) the Appraiser has
prepared an appraisal report dated June 1,2005 (the "Appraisal Report"), on behalf of the Temecula
Public Financing Authority and in connection with the Official Statement dated August [4], 2005
("Official Statement"), for Temecula Public Financing Authority Community Facilities District
No. 03-1 (Crowne Hill); (iii) the Appraiser hereby consents to the reproduction and use of the
Appraisal Report appended to the Preliminary Official Statement and the Official Statement. The
Appraiser also consents to the references to the Appraiser and the Appraisal made in the Preliminary
Official Statement and the Official Statement; (iv) in the opinion ofthe Appraiser the assumptions
made in the Appraisal Report are reasonable; (v) the Official Statement has been reviewed on behalf
ofthe Appraiser and to the best knowledge ofthe Appraiser the statements concerning the Appraisal
Report and the value ofthe property contained under the captions "INTRODUCTION - Appraisal,"
"INTRODUCTION - Professionals Involved in the Offering," "THE COMMUNITY FACILITIES
DISTRICT - Appraised Property and Assessed Market Value," "BONDOWNERS' RISKS - Failure
to Develop Properties," "BONDOWNERS' RISKS - Appraised Values; Assessed Value-to-Lien
Ratios," "BONDOWNERS' RISKS - Hazardous Substances" and APPENDIX C - "Summary
Appraisal Report" are true, correct and complete in all material respects and do not contain any
untrue statement of a material fact or omit to state a material fact required to be stated therein or
necessary in order to make the statements therein, in the light ofthe circumstances under which they
were made, not misleading; (vi) each of the parcels appraised by the Appraiser is encompassed within
the Community Facilities District as set forth in the boundary map of the Community Facilities
District; (vii) as of the date of this Certificate, the conclusions set forth in the Appraisal Report
included as Appendix C to the Official Statement are confirmed; (viii) as of the date of the Official
Statement and as of the date hereof, the Appraisal Report appended to the Official Statement, to the
best of my knowledge and belief, and subject to all of the Limiting Conditions and Major
Assumptions set forth in the Appraisal Report, does not contain any untrue statement of a material
fact or omit to state a material fact necessary in order to make the statements contained therein, in
the light of the circumstances under which they were made, not misleading, and no events or
occurrences have been ascertained by us or have come to our attention that would substantially
change the estimated values stated in the Appraisal Report. However, the Appraiser has not
performed any procedures since the date of the Appraisal Report to obtain knowledge of such events
or occurrences nor are we obligated to do so in the future; and (ix) the Community Facilities District
and the Underwriter are entitled to rely on this Certificate.
(18) A conformed or certified copy of the Notice of Special Tax Lien recorded
on April 4, 2003 as Document No. 2003-238653, with the County Recorder and a conformed or
certified copy of the First Amended Notice of Special Tax Lien recorded on May 19, 2003 as
Document No. 2003-358388, with the County Recorder;
(19) Certified copies of proceedings relating to formation of the District,
including a copy of the Procedural Resolutions and Ordinance No. TPFA 03-01 (Crowne Hill),
adopted on April 8, 2003 levying the special taxes in accordance with the Rate and Method of
Apportionment of Special Taxes;
(20) Evidence that the federal tax information Form 8038-G has been prepared
for filing;
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(21) Copies of filings with the California Debt and Investment Advisory
Commission relating to the issuance of the 2005 Bonds;
(22) A certificate in form and substance acceptable to the Underwriter and the
Authority of Crowne Hill Reserve 28, LLC, a California limited liability company; and
(23) Such additional legal opinions, certificates, instruments and other documents
as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof
and as of the Closing Date, ofthe statements and information contained in the Preliminary Official
Statement and the Official Statement, of the Authority's representations and warranties contained
herein and the due performance or satisfaction by the Authority at or prior to the Closing Date of all
agreements then to be performed and all conditions then to be satisfied by the Authority in
connection with the transactions contemplated hereby and by the Procedural Resolutions and the
Official Statement.
(e) At the time of the Closing, no default shall have occurred or be existing under this
Purchase Agreement, the Fiscal Agent Agreement or the District Documents and the Authority and the
District shall not be in default in the payment of principal or interest on any of its bonded indebtedness which
default shall adversely impact the ability of the Authority or the District to make payment on the 2005 Bonds.
(f) If the Authority shall be unable to satisfy the conditions to the obligations of the
Underwriter to purchase, accept delivery of and pay for the 2005 Bonds contained in this Bond Purchase
Agreement, or if the obligations of the Underwriter to purchase, accept delivery of and pay for the 2005
Bonds shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase
Agreement shall terminate and neither the Underwriternor the Authority shall be under any further obligation
hereunder, except that the respective obligations of the Authority and the Underwriter set forth and Section 4
hereof shall continue in full force and effect.
4. Exoenses.
Whether or not the 2005 Bonds are delivered to the Underwriter as set forth herein:
(a) The Underwriter shall be underno obligation to pay, and the Authority shall
payor cause to be paid (out of any legally available funds of the Authority relating to the District) all
expenses incident to the performance of the Authority's and the District's obligations hereunder, including,
but not limited to, the cost of printing and delivering the 2005 Bonds to the Underwriter, the cost of
preparation, printing (and/or word processing and reproduction), distribution and delivery of the Fiscal Agent
Agreement, the Procedural Resolutions, the Ordinance, the Preliminary Official Statement, the Official
Statement and all other agreements and documents contemplated hereby (and drafts of any thereof) in such
reasonable quantities as requested by the Underwriter; the fees and expenses in connection with obtaining
a delinquency report and statement of direct and overlapping bonded debt from Canty Engineering Group,
Inc.; and the fees and disbursements of the Fiscal Agent for the 2005 Bonds, Bond Counsel, Disclosure
Counsel and any market absorption consultants, accountants, financial advisors, engineers or any other
experts or consultants the Authority has retained in connection with the 2005 Bonds and any out-of-pocket
disbursements of the Authority to be paid from the proceeds of the 2005 Bonds; and
(b) The Authority shall be under no obligation to pay, and the Underwriter shall
pay, the cost of preparation of any "Blue Sky" or legal investment memoranda; expenses to qualify the 2005
Bonds for sale under any "Blue Sky" or other State securities laws, the fees, if any, payable to the California
Debt and Investment Advisory Commission on account ofthe 2005 Bonds; CUSIP" Service Bureau fees; and
all other expenses incurred by the Underwriter in connection with its public offering and distribution of the
15
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2005 Bonds (except those specifically enumerated in paragraph (a) ofthis Section), including any advertising
expenses.
5. Notices. Any notice or other communication to be given to the Authority under this
Bond Purchase Agreement may be given by delivering the same in writing to the Ternecula Public Financing
Authority, 43200 Business Park Drive, Ternecula, California 92590 Attention: Director of Finance; and any
notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be
given by delivering the same in writing to Stone & Youngberg LLC, 515 South Figueroa Street, Suite 1060,
Los Angeles, California 90071, Attention: Municipal Finance Department; provided. however, that all such
notices, requests or other communications may be made by telephone and promptly confirmed by writing.
The Authority and the Underwriter may, by notice given as aforesaid, specify a different address for any such
notices, request or other communications.
6. Parties in Interest. This Bond Purchase Agreement is made solely for the benefit of
the Authority and the Underwriter (including their successors or assigns), and no other person shall acquire
or have any right hereunder or by virtue hereof.
7. Survival of Representations and Warranties. The representations and warranties of
the Authority set forth in or made pursuant to this Bond Purchase Agreement shall not be deemed to have
been discharged, satisfied or otherwise rendered void by reason of the Closing or termination of this Bond
Purchase Agreement and regardless of any investigations made by or on behalf of the Underwriter (or
statements as to the results of such investigations) concerning such representations and statements of the
Authority and regardless of delivery of and payment for the 2005 Bonds.
8. Effective. This Bond Purchase Agreement shall become effective and binding upon
the respective parties hereto upon the execution of the acceptance hereof by the Authority and shall be valid
and enforceable as of the time of such acceptance.
9. Applicable Law: Nonassignabilitv. This Bond Purchase Agreement shall be
governed by the laws ofthe State. This Bond Purchase Agreement shall not be assigned by the Authority or
the Underwriter.
10. Execution of Counterparts. This Bond Purchase Agreement may be executed in
several counterparts, each of which shall be regarded as an original and all of which shall constitute one and
the same.
11. No Prior AlITeements. This Bond Purchase Agreement supersedes and replaces all
prior negotiations, agreements and understandings between the parties hereto in relation to the sale of 2005
Bonds by the Authority and represents the entire agreement of the parties as to the subject matter herein.
12. Partial Unenforceabilitv. Any provision of this Bond Purchase Agreement which
is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of
such prohibition or unenforceability without invalidating the remaining provisions of this Bond Purchase
Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
[REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK]
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13. Capitalized Terms. Terms with initial capital letters not otherwise defined herein
shall have the meanings assigned to them in the Fiscal Agent Agreement or the Official Statement.
Very truly yours,
STONE & YOUNGBERG LLC
By:
Managing Director
Accepted: August [4],2005
TEMECULA PUBLIC FINANCING AUTHORITY FOR
AND ON BEHALF OF THE TEMECULA PUBLIC
FINANCING AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-] (CROWNE HILL)
By:
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Maturity Date
(September I)
Serial Bonds:
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Term Bonds:
20XX
20XX
Total Issue $
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1
(CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
MATURITY SCHEDULE
Principal
Amount
Interest
. Rate
Yield
Price
$
%
%
%
The purchase price of the 2005 Bonds shall be $ (which is the principal amount
thereof$ , less a net original issue discount of$ , and less the Underwriter's discount
of $ ). In addition, no accrued interest will be paid with respect to the 2005 Bonds because the
2005 Bonds are dated the closing date.
A-I
TEMCH BPAk.wpdlLRJ424
July [27], 2005
Stone & Youngberg LLC
515 South Figueroa Street, Suite 1060
Los Angeles, California 90071
Re: Temecula Public Financing Authority
Community Facilities District No. 03-1 (Crowne Hill)
Special Tax Bonds. Series 200S-B
Ladies and Gentlemen:
In connection with the proposed sale to you of Temecula Public Financing Authority (the
"Authority") Community Facilities DistrictNo. 03-1 (Crowne Hill) (the "District") Special Tax Bonds, Series
2005-B (the "2005 Bonds"), the Authority has delivered to you a Preliminary Official Statement, dated July
[27],2005, relating to the 2005 Bonds (the "Preliminary Official Statement"). The Authority, for purposes
of compliance with Rule 15c2-12 of the Securities and Exchange Commission, deems the Preliminary Official
Statement to be final as of its date, except for the omission of no more than the following information: the
offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per
maturity, dates of mandatory sinking fund payments, delivery dates, and any other terms of the 2005 Bonds
relating to such matters.
Very truly yours,
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 03-1
(CROWNE HILL)
By:
Shawn Nelson, acting on behalf of Temecula
Public Financing Authority for the District
TEMCH BPAk.wpdlLR/424
TEMECULA PUBLIC FINANCING AUTHORITY
CFD 03-1 (CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
DISTRICT CONTINUING
DISCLOSURE AGREEMENT
APPENDIX F
FORM OF DISTRICT CONTINUING DISCLOSURE AGREEMENT
This CONTINUING DISCLOSURE AGREEMENT (the "Disclosure Agreement") is executed and
entered into as of August I, 2005, by and between U.S. Bank National Association, a national banking
association organized and existing under and by virtue of the laws of the United States of America (the
"Bank"), in its capacity as Dissemination Agent (the "Dissemination Agent") and in its capacity as fiscal
agent (the "Fiscal Agent"), and the Temecula Public Financing Authority, a joint exercise of powers authority
organized and existing under and by virtue of the Constitution and of the laws of the State of Cali fomi a (the
"Authority"), for and on behalf of the Temecula Public Financing Authority Community Facilities District
No. 03-1 (the "District");
WITNESSETH:
WHEREAS, pursuant to the Fiscal Agent Agreement, dated as ofJune 1,2003 (the "Original Fiscal
Agent Agreement"), by and between the Authority, for and on behalf of the District, and the Fiscal Agent,
as supplemented by the First Supplemental Fiscal Agent Agreement, dated as of August I, 2005, by and
between the Authority and the Fiscal Agent (the "First Supplemental Fiscal Agent Agreement" and together
with the Original Fiscal Agent Agreement, the "Fiscal Agent Agreement"), the Authority has issued its
Special Tax Bonds, Series 2005-B in the aggregate principal amount of$ (the "2005 Bonds"); and
WHEREAS, this Disclosure Agreement is being executed and delivered by the Authority and the
Fiscal Agent for the benefit of the owners and beneficial owners of the 2005 Bonds and in order to assist the
underwriter of the 2005 Bonds in complying with Securities and Exchange Commission Rule 15c2-12(b )(5);
NOW, THEREFORE, for and in consideration of the mutual premises and covenants herein
contained, the parties hereto agree as follows:
Section I. Definitions. Capitalized undefined terms used herein shall have the meanings ascribed
thereto in the Fiscal Agent Agreement. In addition, the following capitalized terms shall have the following
meanings:
"Annual Report" shall mean any Annual Report provided by the Authority pursuant to, and described
in, Sections 2 and 3 of this Disclosure Agreement.
"Annual Report Date" shall mean the date in each year that is eight months after the end of the
Authority's fiscal year, which date, as of the date ofthis Disclosure Agreement, is March 1.
"Disclosure Representative" shall mean the Finance Director of the City ofTernecula, as Treasurer
of the Authority, or his or her designee, or such other office or employee as the Authority shall designate in
writing to the Fiscal Agent from time to time.
"Dissemination Agent" shall mean U.S. Bank National Association, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the Authority
and which has filed with the Fiscal Agent a written acceptance of such designation.
"Listed Events" shall mean any of the events listed in Section 4(a) of this Disclosure Agreement.
F-I
"National Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. Information on the National Repositories as of a particular date is
available on the Internet at www.sec.gov/info/municipal/nrmsir.htm.
"Official Statement" shall mean the Official Statement, dated August [4], 2005, relating to the 2005
Bonds.
"Participating Underwriter" shall mean Stone & Youngberg LLC.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule l5c2-l2(b)(5) adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private repository or entity designated by the State of
California as a State Repository for the purpose of the Rule and recognized as such by the Securities and
Exchange Commission. As of the date of this Disclosure Agreement, there is no State Repository.
Section 2. Provision of Annual Reports.
(a) The Authority shall, or, upon furnishing the Annual Report to the Dissemination
Agent, shall cause the Dissemination Agent to, provide to each Repository, to the Fiscal Agent and
to the Participating Underwritef an Annual Report which is consistent with the requirements of
Section 3 of this Disclosure Agreement, not later than the Annual Report Date, commencing with
the report for the 2005-06 Fiscal Year. The Annual Report may be submitted as a single document
or as separate documents comprising a package, and may include by refefence other information as
provided in Section 3 of this Disclosure Agreement; provided, however, that the audited financial
statements of the Authority, if any, may be submitted sepafately from the balance of the Annual
Report, and later than the date fequired above for the filing of the Annual Report if not available by
that date. If the Authority's fiscal year changes, it shall give notice of such change in the same
manner as fOf a Listed Event under Section 4(f).
(b) Not later than fifteen (15) business days prior to the date specified in subsection (a)
for providing the Annual Report to Repositories, the Authority shall provide the Annual Report (in
a form suitable for reporting to the Repositories) to the Dissemination Agent, the Fiscal Agent (if
the Fiscal Agent is not the Dissemination Agent) and the Participating Underwriter. Ifby such date,
the Fiscal Agent has not received a copy of the Annual Report, the Fiscal Agent shall contact the
Disclosure Representative and the Dissemination Agent to inquire if the Authority is in compliance
with the first sentence of this subsection (b). The Authority shall provide a written certification with
each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report
constitutes the Annual Report fequired to be furnished by it hereunder. The Dissemination Agent
may conclusively rely upon such certification of the Authority and shall have no duty or obligation
to review such Annual Report.
(c) If the Fiscal Agent is unable to verifY that an Annual Report has been provided to
Repositories by the date required in subsection (a), the Fiscal Agent shall send a notice to the
Repositories and the appropriate State Repository, if any, in substantially the form attached as
Exhibit A.
(d) The Dissemination Agent shall:
F-2
(i) determine each year prior to the date for providing the Annual Report the
name and address of each National Repository and each State Repository,
if any; and
(ii) file a report with the Authority, the Participating Underwriter and (if the
Dissemination Agent is not the Fiscal Agent) the Fiscal Agent certifying
that the Annual Report has been provided pursuant to this Disclosure
Agreement, stating the date it was provided and listing all the Repositories
to which it was provided.
Section 3. Content of Annual Reports. The Authority's Annual Report shall contain or incorporate
by reference the following:
(a) The Authority's audited financial statements, if any, prepared in accordance with
generally accepted accounting principles as promulgated to apply to government entities from time
to time by the Govenunental Accounting Standards Board. If the Authority's audited financial
statements, if any, are not available by the time the Annual Report is required to be filed pursuant
to Section 2(a), the Annual Report shall contain unaudited financial statements in a format similar
to that used for the Authority's audited financial statements, and the audited financial statements,
ifany, shall be filed in the same manner as the Annual Report when they become available. If the
Authority's audited financial statements, if any, or unaudited financial statements are already filed,
the Annual Report may reference that such financial statements are on file with the Repositories.
(b) The following information:
(i) The principal amount of2005 Bonds, and parity bonds, if any, outstanding
as of September 30 next preceding the date of the Annual Report Date.
(ii) The balance in the Reserve Fund, if any, and a statement of the Reserve
Requirement as of the September 30 next preceding the Annual Report
Date and the balance in the other funds and accounts held under the Fiscal
Agent Agreement.
(iii) Information regarding the amount of the annual special taxes levied in the
District by Rate and Method of Apportionment of Special Tax land use
categories, the names of the owners of property responsible for more than
5% of the Special Tax levy and the amount of Special Tax owed, as shown
on such assessment roll of the Riverside County Assessor last equalized
prior to the September 30 next preceding the Annual Report Date.
(iv) The total assessed value of all parcels within the District on which the
Special Taxes are levied, as shown on the assessment roll ofthe Riverside
County Assessor last equalized prior to the September 30 next preceding
the Annual Report Date, and a statement of assessed value for the property
in the District by Rate and Method of Apportionment of Special Tax land
use categories.
(v) The Special Tax delinquency rate for all parcels within the District on
which the Special Taxes are levied, as shown on the assessment roll of the
Riverside County Assessor last equalized prior to the September 30 next
F-3
preceding the Annual Report Date, the number of parcels within the
District on which the Special Taxes are levied and which are delinquent
in payment of Special Taxes based on parcels, as shown on the assessment
roll on the Riverside County Assessor last equalized prior to the
September 30 next preceding the Annual Report Date, the amount of each
delinquency, the length of time delinquent and the date on which
foreclosure was commenced, or similar information pertaining to
delinquencies deemed appropriate by the District;provided, however, that
parcels with aggregate delinquencies of$5,000 or less (excluding penalties
and interest) may be grouped together and such information may be
provided by category.
(vi) The status of foreclosure proceedings for any parcels within the District
on which the Special Taxes are levied and a summary ofthe results of any
foreclosure sales as ofthe September 30 next preceding the Annual Report
Date.
(vii) The identity of any property owner representing more than five percent
(5%) ofthe annual Special Tax levy who is delinquent in payment of such
Special Taxes, as shown on such assessment roll of the Riverside County
Assessor last equalized prior to the September 30 next preceding the
Annual Report Date.
(viii) A summary of (a) zoning changes, if any, approved by the City of
Temecula (the "City") for property subject to the Special Tax in the
District and (b) building permits issued by the City for property subject to
the Special Tax in the District.
(c) In addition to any of the information expressly required to be provided under
paragraphs (a) and (b) ofthis Section, the Authority shall provide such further information, if any,
as may be necessary to make the required statements, in the light of the circumstances under which
they are made, not misleading.
Any or all of the items listed above may be included by specific reference to other
documents, including official statements of debt issues of the Authority or related public entities,
which have been submitted to each of the Repositories or the Securities and Exchange Commission.
If the document included by reference is a final official statement, it must be available from the
Municipal Securities Rulemaking Board. The Community Facilities District shall clearly identify
each such other document so included by reference.
The Semi-Annual Report may be provided in electronic format to each Repository and the
Participating Underwriter and may be provided through the services of a "central post office"
approved by the Securities and Exchange Commission. For example, any filing under this
Disclosure Agreement may be made solely by transmitting such filing to the Texas Municipal
Advisory Council (the "MAC") as provided at htto://www.disclosureusa.org unless the United States
Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC
dated September 7, 2004.
A form of information cover sheet for municipal secondary market disclosure recommended
by the Municipal Securities Rulemaking Board is attached as Exhibit B.
F-4
Section 4. Reporting of Significant Events.
(a) Pursuant to the provisions ofthis Section 4, the Authority shall give, or cause to be
given, notice of the occurrence of any of the following events with respect to the 2005 Bonds, if
material:
(i) Principal and interest payment delinquencies;
(ii) Non-payment related defaults;
(iii) Unscheduled draws on debt servIce reserves reflecting financial
difficulties;
(iv) Unscheduled draws on credit enhancements reflecting financial
difficulties;
(v) Substitution of credit or liquidity providers, or their failure to perform;
(vi) Adverse tax opinions or events affecting the tax-exempt status of the
security;
(vii) Modifications to rights of security holders;
(viii) Contingent or unscheduled bond calls;
(ix) Defeasances;
(x) Release, substitution, or sale of property securing repayment of the
securities;
(xi) Rating changes; and
(xii) Receipt by the Authority of notice that a credit on liquidity facility will not
be renewed, replaced or extended.
(b) The Fiscal Agent shall, within five (5) business days of obtaining actual knowledge
of the occurrence of any of the Listed Events, contact the Disclosure Representative, inform such
person of the event, and request that the Authority promptly notify the Dissemination Agent in
writing whether or not to report the event pursuant to subsection (f), provided, however, that the
Dissemination Agent shall have no liability to Bond Owners for any failure to provide such notice.
For purposes of this Disclosure Agreement, "actual knowledge" of the occurrence of the Listed
Events described under clauses (ii), (iii), (vi), (x) and (xi) above shall mean actual knowledge by an
officer at the corporate trust office ofthe Fiscal Agent. The Fiscal Agent shall have no responsibility
for determining the materiality of any of the Listed Events.
(c) Whenever the Authority obtains knowledge of the occurrence of a Listed Event,
whether because of a notice from the Fiscal Agent pursuant to subsection (b) or otherwise, the
Authority shall as soon as possible determine if such event would be material under applicable
federal securities law.
F-5
(d) If the Authority determines that knowledge of the occurrence of a Listed Event
would be material under applicable federal securities law, the Authority shall promptly notify the
Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the
occurrence pursuant to subsection (t). The Authority shall provide the Dissemination Agent with a
form of notice of such event in a format suitable for reporting to the Municipal Securities
Rulernaking Board and each State Repository, if any.
(e) If in response to a request under subsection (b), the Authority determines that the
Listed Event would not be material under applicable federal securities law, the Authority shall so
notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the
occurrence pursuant to subsection (t).
(t) If the Dissemination Agent has been instructed by the Authority to report the
occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with the
Municipal Securities Rulernaking Board and each State Repository and shall provide a copy of such
notice to each Participating Underwriter. Notwithstanding the foregoing, notice of Listed Events
described in subsections (a)(viii) and (ix) need not be given under this subsection any earlier than the
notice (if any) of the underlying event is given to owners of affected 2005 Bonds pursuant to the
Fiscal Agent Agreement.
Section 5. Termination of Reoorting Obligation. All of the Authority's obligations under this
Disclosure Agreement shall terminate upon the earliest to occur of (i) the legal defeasance of the 2005 Bonds,
(ii) prior redemption of the 2005 Bonds or (iii) payment in full of all the 2005 Bonds. Ifsuch determination
occurs prior to the final maturity of the 2005 Bonds, the Authority shall give notice of such termination in
the same manner as for a Listed Event under Section 4(t).
Section 6. Dissemination Agent. The Authority may, from time to time, appoint or engage a
Dissemination Agent to assist in carrying out its obligations under this Disclosure Agreement, and may
discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The
initial Dissemination Agent shall be U.S. Bank National Association The Dissemination Agent may resign
by providing forty-five (45) days' written notice to the Authority and the Fiscal Agent (ifthe Fiscal Agent
is not the Dissemination Agent). The Dissemination Agent shall have no duty to prepare the Annual Report
nor shall the Dissemination Agent be responsible for filing any Annual Report not provided to it by the
Authority in a timely manner and in a form suitable for filing. If at any time there is not any other designated
Dissemination Agent, the Fiscal Agent shall be the Dissemination Agent.
Section 7. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Agreement,
the Authority, the Fiscal Agent and the Dissemination Agent may amend this Disclosure Agreement (and the
Fiscal Agent and the Dissemination Agent shall agree to any amendment so requested by the Authority, so
long as such amendment does not adversely affect the rights or obligations of the Fiscal Agent or the
Dissemination Agent), and any provision of this Disclosure Agreement may be waived, provided that the
following conditions are satisfied:
(a) if the amendment or waiverrelates to the provisions of Sections 2(a), 3 or4(a), it
may only be made in connection with a change in circumstances that arises from a change in legal
requirements, change in law, or change in the identity, nature, or status of an obligated person with
respect to the 2005 Bonds, or type of business conducted;
(b) the undertakings herein, as proposed to be amended or waived, would, in the
opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at
F-6
the time of the primary offering of the 2005 Bonds, after taking into account any amendments or
interpretations of the Rule, as well as any change in circumstances; and
(c) the proposed amendment or waiver either (i) is approved by owners ofa majority
of the owners of the 2005 Bonds affected thereby in the manner provided in the Fiscal Agent
Agreement for amendments to the Fiscal Agent Agreement with the consent of owners or (ii) does
not, in the opinion of nationally recognized bond counsel, materially impair the interests of the
owners or beneficial owners of the 2005 Bonds.
If the annual financial information or operating data to be provided in the Annual Report is amended
pursuant to the provisions hereof, the first annual [ffiancial information containing the amended operating data
or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the
change in the type of operating data or financial information being provided.
If an amendment is made to the undertaking specifying the accounting principles to be followed in
preparing financial statements, the annual financial information for the year in which the change is made shall
present a comparison between the financial statements or information prepared on the basis of the new
accounting principles and those prepared on the basis of the former accounting principles. The comparison
shall include a qualitative discussion of the differences in the accounting principles and the impact of the
change in the accounting principles on the presentation of the financial information in order to provide
information to investors to enable them to evaluate the ability of the Authority to meet its obligations,
including its obligation to pay debt service on the 2005 Bonds. To the extent reasonably feasible, the
comparison shall be quantitative. A notice of the change in the accounting principles shall be sent to the
Repositories in the same manner as for a Listed Event under Section 4(f).
Section 8. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent
the Authority from disseminating any other information, using the means of dissemination set forth in this
Disclosure Agreement or any other means of communication, or including any other information in any
Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this
Disclosure Agreement. If the Authority chooses to include any information in any Annual Report or notice
of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure
Agreement, the Authority shall have no obligation under this Disclosure Agreement to update such
information or include it in any future Annual Report or notice of occurrence of a Listed Event.
Section 9. Default. In the event of a failure ofthe Authority, the Dissemination Agent or the Fiscal
Agent to comply with any provision of this Disclosure Agreement, the Fiscal Agent may (and, at the written
direction of any Participating Underwriter or the owners of at least 25% aggregate principal amount of
Outstanding 2005 Bonds, shall, upon receipt ofindemnification reasonably satisfactory to the Fiscal Agent),
or any owner or beneficial owner of the 2005 Bonds may, take such actions as may be necessary and
appropriate, including seeking mandate or specific performance by court order, to cause the Authority, the
Dissemination Agent or the Fiscal Agent, as the case may be, to comply with its obligations under this
Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default
under the Fiscal Agent Agreement, and the sole remedy under this Disclosure Agreement in the event of any
failure of the Authority, the Dissemination Agent or the Fiscal Agent to comply with this Disclosure
Agreement shall be an action to compel performance.
Section 10. Duties. Immunities and Liabilities of Fiscal Agent and Dissemination Agent.
Section 7.0 I and Section 7.02 of the Fiscal Agent Agreement are hereby made applicable to this Disclosure
F-7
Agreement as if this Disclosure Agreement were (solely for this purpose) contained in the Fiscal Agent
Agreement, and the Fiscal Agent and the Dissemination Agent shall be entitled to the protections, limitations
from liability and indemnities afforded to the Fiscal Agent thereunder. The Dissemination Agent and the
Fiscal Agent shall have only such duties hereunder as are specifically set forth in this Disclosure Agreement.
This Disclosure Agreement does not apply to any other securities issued or to be issued by the Authority.
The Dissemination Agent shall have no obligation to make any disclosure concerning the 2005 Bonds, the
Authority or any other matter except as expressly set out herein, provided that no provision of this Disclosure
Agreement shall limit the duties or obligations of the Fiscal Agent under the Fiscal Agent Agreement. The
Dissemination Agent shall have no responsibility for the preparation, review, form or content of any Annual
Report or any notice ofa Listed Event. The fact that the Fiscal Agent has or may have any banking, fiduciary
or other relationship with the Community Facilities District or any other party, apart from the relationship
created by the Fiscal Agent Agreement and this Disclosure Agreement, shall not be construed to mean that
the Fiscal Agent has knowledge or notice of any event or condition relating to the 2005 Bonds or the
Community Facilities District except in its respective capacities under such agreements. No provision ofthis
Disclosure Agreement shall require or be construed to require the Dissemination Agent to interpret or provide
an opinion concerning any information disclosed hereunder. Information disclosed hereunder by the
Dissemination Agent may contain such disclaimer language concerning the Dissemination Agent's
responsibilities hereunder with respect thereto as the Dissemination Agent may deem appropriate. The
Dissemination Agent may conclusively rely on the determination of the Community Facilities District as to
the materiality of any event for purposes of Section 4 hereof. Neither the Fiscal Agent nor the Dissemination
Agent make any representation as to the sufficiency of this Disclosure Agreement for purposes of the Rule.
The Dissemination Agent shall be paid compensation by the Community Facilities District for its services
provided hereunder in accordance with its schedule of fees, as amended from time to time, and all expenses,
legal fees and advances made or incurred by the Dissemination in the performance of its duties hereunder.
The Community Facilities District's obligations under this Section 10 shall survive the termination of this
Disclosure Agreement.
Section II. Beneficiaries. The Participating Underwriter and the owners and beneficial owners from
time to time of the 2005 Bonds shall be third party beneficiaries under this Disclosure Agreement. This
Disclosure Agreement shall inure solely to the benefit of the Community Facilities District, the Fiscal Agent,
the Dissemination Agent, the Participating Underwriter and owners and beneficial owners from time to time
of the 2005 Bonds, and shall create no rights in any other person or entity.
Section 12. Notices. Any notice or communications herein required or permitted to be given to the
Authority, the Fiscal Agent or the Dissemination Agent shall be in writing and shall be deemed to have been
sufficiently given or served for all purposes by being delivered or sent by telecopy or by being deposited,
postage prepaid, in a post office letter box, to the addresses set forth below, or to such other address as may
be provided to the other parties hereinafter listed in writing from time to time, namely:
If to the Authority:
Temecula Public Financing Authority
43200 Business Park Drive
Temecula, California 92590
Attention: Director of Finance
Telephone: 951/694-6430
Telecopier: 951/694-6479
F-8
If to the Community
Facilities District:
If to the
Dissemination
Agent:
Ifto the
Fiscal Agent:
If to the
Participating
Underwriter:
Community Facilities District No. 03-1
43200 Business Park Drive
Temecula, California 92590
Attention: Director of Finance
Telephone: 951/694-6430
Telecopier: 951/694-6479
U.S. Bank National Association
633 West Fifth Street, 24'" Floor
Los Angeles, California 90071
Telephone: 2\3/615-6005
Telecopier: 213/615-6199
U.S. Bank National Association
633 West Fifth Street, 24'" Floor
Los Angeles, California 90071
Telephone: 213/615-6005
Telecopier: 213/615-6199
Stone & Youngberg LLC
One Ferry Building
San Francisco, California 94111
Telephone: 415/445-2300
Attention: Municipal Research Department
Section \3. Future Determination of Obligated Persons. In the event the Securities Exchange
Commission amends, clarifies or supplements the Rule in such a manner that requires any landowner within
the Authority to be an obligated person as defmed in the Rule, nothing contained herein shall be construed
to require the Authority to meet the continuing disclosure requirements of the Rule with respect to such
obligated person and nothing in this Disclosure Agreement shall be deemed to obligate the Authority to
disclose information concerning any owner of land within the Authority except as required as part of the
information required to be disclosed by the Authority pursuant to Section 4 and Section 5 hereof.
Section 14. Severability. In case anyone or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
uoenforceability shall not affect any other provision hereof.
Section 15. State of California Law Governs. The validity, interpretation and performance ofthis
Purchase Agreement shall be governed by the laws of the State of California.
Section 16. Countemarts. This Disclosure Agreement may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same instrument.
Section 17. Merger. Any person succeeding to all or substantially all ofthe Dissemination Agent's
corporate trust business shall be the successor Dissemination Agent without the filing of any paper or any
further act.
F-9
IN WITNESS WHEREOF, the parties hereto have executed this Disclosure Agreement as of the
date first above written.
TEMECULA PUBLIC FINANCING AUTHORITY,
FOR AND ON BEHALF OF TEMECULA PUBLIC
FINANCING AUTHORITY COMMUNITY
FACILITIES DISTRICT NO. 03-1 (CROWNE HILL)
By:
Authorized Officer
U.S. BANK NATIONAL ASSOCIATION,
as Fiscal Agent
By:
Authorized Officer
U.S. BANK NATIONAL ASSOCIATION,
as Dissemination Agent
By:
Authorized Officer
F-IO
EXHIBIT A
NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD
OF FAILURE TO FILE SEMI-ANNUAL REPORT
Name ofIssuer:
Temecula Public Financing Authority, for and on behalf of Temecula Public
Financing Authority Community Facilities District No. 03-1 (Crowne Hill)
Name of Bond Issue:
Temecula Public Financing Authority
Community Facilities District No. 03- I (Crowne Hill)
Special Tax Bonds, Series 2005-B
Date ofIssuance:
August _, 2005
NOTICE IS HEREBY GIVEN thatthe Temecula Public Financing Authority (the "Authority") has not
provided an Annual Report with respect to the above-named 2005 Bonds as required by the Continuing
Disclosure Agreement, dated as of August 1,2005, by and between the U.S. Bank National Association, in
its capacity as Fiscal Agent, and in its capacity as Dissemination Agent, and the Authority. [The Authority
anticipates that the Annual Report will be filed by .J
Dated:
U.S. Bank National Association, as Fiscal Agent,
on behalf of the Temecula Public Financing
Authority
Authorized Officer
cc: Temecula Public Financing Authority
Stone & Youngberg LLC
F-II
EXHIBIT B
Municipal Secondary Market Disclosure
Information Cover Sheet
This cover sheet should be sent with all submissions made to the Municipal Securities Rulemaking Board, Nationally
Recognized Municipal Securities Information Repositories, and any applicable State Information Depository, whether the
filing is voluntary or made pursuant to Securities and Exchange Commission Rule 15c2-12 or any analogous state statute.
See www.sec.gov/info/municipal/nrmsir.htm for list of current NRMSIRs and SlDs
IF THIS FILING RELATES TO A SINGLE BOND ISSUE:
Provide name of bond issue exactly as it appears on the cover ofthe Official Statement
(please include name of state where Issuer is located):
[INSERT ISSUE NAME, INCLUDING $ AMOUNT]
Provide nine-digit CUSIP@' numbers if available, to which the information relates:
[INSERT CUSIP@NUMBERS]
IF THIS FILING RELATES TO ALL SECURITIES ISSUED BY THE ISSUER OR ALL
SECURITIES OF A SPECIFIC CREDIT OR ISSUED UNDER A SINGLE INDENTURE:
Issuer's Name (please include name of state where Issuer is located):
Other Obligated Person's Name (if any):
(Exactly as it appears on the Official Statement Cover)
Provide six-digit CUSIp.' number(s), if available, ofIssuer:
"'(Contact CUSIP@'sMunicipaIDisclosureAssistanceLineat 212.438.6518 for assistance with obtaining the proper CUSlpltl numbers.)
F-12
TYPE OF FILING:
o Electronic (number of pages attached)
o Paper (number of pages attached)
If information is also available on the Internet, give URL:
WHAT TYPE OF INFORMATION ARE YOU PROVIDING? (Check all that apply)
A. 0 Annual Financial Information and Operating Data pursuant to Rule 15c2-12
(Financial infonnation and operating data should not be filed with the MSRB.)
Fiscal Period Covered:
B. 0 Audited Financial Statements or CAFR pursuant to Rule 15c2-12
Fiscal Period Covered:
C. 0
I.
2.
3.
4.
5.
Notice of a Material Event pursuant to Rule 15c2-12 (Check as appropriate)
o Principal and interest payment delinquencies
6.
o Adverse tax opinions or events affecting the tax-
exempt status of the security
o Modifications to the rights of security holders
o Bond calls
o Non-payment related defaults
o Unscheduled draws on debt service reserves
reflecting financial difficulties
o Unscheduled draws on credit enhancements
reflecting financial difficulties
o Substitution of credit or liquidity providers, or
their failure to perform
7.
8.
9.
o Defeasances
10.
o Release, substitution, or sale of property securing
repayment of the securities
o Rating changes
tl.
D. 0 Notice of Failure to Provide Annual Financial Information as Required
E. 0 Other Secondary Market Information (Specify):
I hereby represent that I am authorized by the issuer or obligor or its agent to distribute this information publicly:
Issuer Contact:
Name
Employer
Address
Telephone
Email Address
Title
City
Fax
Issuer Web Site Address
State _ Zip Code
F-13
Dissemination Agent Contact, if any:
Name
Employer
Address
Telephone
Email Address
Title
Obligor Contact, if any:
Name
Employer
Address
Telephone
Email Address
City State _ Zip Code
Fax
Relationship to Issuer
Title
Investor Relations Contact, if any:
Name
Telephone
City State _ Zip Code
Fax
Obligor Web site Address
Title
Email Address
F-14
TEMECULA PUBLIC FINANCING AUTHORITY
CFD 03-1 (CROWNE HILL)
SPECIAL TAX BONDS, SERIES 2005-B
SUPPLEMENT NO.1
TO ACQUISITION AGREEMENT
Quint & Thimmig LLP
07/18/05
SUPPLEMENT NO.1 TO ACQUISITION AGREEMENT
by and between the
TEMECULA PUBLIC FINANCING AUTHORITY
and
LENNAR HOMES OF CALIFORNIA, INC.
Dated as of August 1, 2005
Relating to:
Temecula Public Financing Authority
Community Facilities District No. 03-1
(Crowne Hill)
Special Tax Bonds
20009.070)8205
THIS SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT, dated as of August 1,
2005 (this "Supplement No.1"), is by and between the Temecula Public Financing Authority, a
joint exercise of powers authority duly organized and existing under the laws of the State of
California (the "Authority"), and Lennar Homes of California, Inc., a California corporation
(the "Developer"), and amends that certain Acquisition Agreement, dated as of June 1, 2003
(the "Original Agreement"), by and between the Authority and the Developer, applicable to the
Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill).
Capitalized terms used herein have the meanings given such terms in Section 1.01 of the
Original Agreement.
RECITALS:
A. Financings. In order to finance the Facilities as described in Exhibit A to the
Original Agreement, the Developer and the Authority have entered into the Original
Agreement for the acquisition of the Facilities and payment for the Facilities (including Discrete
Components thereof) as set forth therein with amounts in the Improvement Fund.
B. Initial Public Financing. Pursuant to the Fiscal Agent Agreement, the Authority
has formed the District under the Act and, on August 7, 2003, issued an initial series of the
Bonds in the principal amount of $12,155,000, the proceeds of which were used, in part, to make
a deposit to the Improvement Fund to be used to pay costs of the Facilities.
C. Second Public Financing. Pursuant to a First Supplemental Fiscal Agent
Agreement, dated as of August 1, 2005, between the Authority and the Fiscal Agent, the
Authority is now proceeding with the issuance of an additional Bonds in the principal amount
of $ . the proceeds of which will be used, in part, to make an additional deposit to the
Improvement Fund to be available to pay costs of the Facilities.
D. Alterations to Exhibits Band D. Exhibits B and D to the Original Agreement set
forth certain Discrete Components of the Facilities and related Budgeted Costs, and a priority
for funding of the Facilities, respectively, and the costs shown in such Exhibits were the best
available estimates of the Developer at the time of issuance of the original series of the Bonds.
The Developer has now requested that the Authority replace Exhibits B and D to the Original
Agreement with revised Exhibits B and D and the Authority and the Developer now desire to
formally acknowledge a replacement of Exhibits B and D in connection with such request.
AGREEMENT:
In consideration of the mutual promises and covenants set forth herein, and for other
consideration the receipt and sufficiency of which are hereby acknowledged, the Authority and
the Developer agree that the foregoing recitals, as applicable to each of them, are true and
correct and further make the agreements set forth below:
Section 1. Replacement of Exhibits Band D to the Original Agreement. Exhibits B
and D to the Original Agreement are hereby superceded in their entirety by the text of Exhibits
A and B hereto.
Section 2. Counte:q:>arts. This Supplement No. 1 may be executed in counterparts,
each of which shall be deemed an original.
-1-
Section 3. IntelJ'retation of Agreement. Captions used in this Supplement No.1 are
for convenience of reference only and shall not affect the interpretation or meaning of this
Supplement No.1 or the Original Agreement.
-2-
IN WITNESS WHEREOF, the parties have executed this Supplement No.1 as of the day
and year first-above written.
TEMECULA PUBLIC FINANCING
AUTHORITY, for itself and on behalf of
TEMECULA PUBLIC FINANCING
AUTHORITY COMMUNITY FACILITIES
DISTRICT NO. 03-1 (CROWNE HILL)
By:
Executive Director
LENNAR HOMES OF CALIFORNIA, INe.
By:
Its:
20009.07,)8205
-3-
EXHIBIT A
ACQUISITION AGREEMENT
EXHIBIT B
DISCRETE COMPONENTS OF FACILITIES AND RELATED BUDGETED COSTS
1. Traffic Signal Improvements:
. Crowne Hill Drive & Butterfield Stage Road intersection
. De Portola Road & Butterfield Stage Road intersection
. Royal Crest Place & Butterfield Stage Road intersection
. Pauba Road & Butterfield Stage Road intersection
Sub-total:
2. Street Improvements:
. Butterfield Stage Road
. Crowne Hill Drive
. Royal Crest Place
. Pauba Road
Sub-total:
3. Storm Drain Improvements:
. Royal Crest Place
4. Park Site Improvements:
. Park Site U AU Tract No. 23143 final Lot 104
5. Dry Utility Improvements:
. Butterfield Stage Road
. Crowne Hill Drive
. Royal Crest Place
. Pauba Road
Sub-total:
6. Wet Utility Improvements:
. Sewer @ Royal Crest Place and Crowne-Hill Drive
. Water @ Royal Crest Place and Crowne Hill Drive
Sub-total:
Total for Discrete Component of Facilities:
A-I
$ 237,300
$ 149,900
$ 142,400
$ 154.100
$ 200,500
$ 1,014,900
$ 392,300
$ 154,100
$ 74,700
$ 378,600
$ 146,300
$ 69.200
$ 267,400
$ 563.700
$ 683,700
$1,758,900
$ 473,400
$1,294,300
$ 668,800
$ 831,100
$ 5,710,200
EXHIBIT B
ACQUISITION AGREEMENT
EXHIBIT D
PRIORITY FOR FUNDING OF FACILITIES
Description of Improvements Total Cost Priority A B
(1) General City Facilities $1,000,000 A $1,000,000 $ -
Improvements along State Route 79 (SR-79) and the
Interstate 15 (l-15)/State Route (SR-79) Interchange
(2) Development Impact Fees $1,502,300 A $1,502,300 $ -
Improvements to Street System, City Hall complex,
Fire Protection facilities and Libraries
(3) Elimination of Prior Lien $2,922,382 A $2,922,382 $ -
(4) RCWD Facilities $984,040 A $984,040 $ -
(5) EMWD Facilities $1,889,824 A $1,889,824 $ -
(6) Traffic Signal Improvements
Crowne-HiIl Drive & Butterfield Stage Road $237,300 B $ - $237,300
De Portola Road & Butterfield Stage Road $149,900 B $ - $149,900
Royal Crest Place & Butterfield Stage Road $142,400 B $ - $142,400
Pauba Road & Butterfield Stage Road $154,100 B $ - $154,100
(7) Street Improvements
Butterfield Stage Road $200,500 B $ - $200,500
Crowne Hill Drive $1,014,900 A $1,014,900 $ -
Royal Crest Place $392,300 A $392,300 $ -
Pauba Road $151,200 A $151,200 $ -
(8) Storm Drain Improvements $473,400 B $ - $473,400
(9) Park Site Improvements $1,294,300 B $ - $1,294,300
(10) Dry Utilities
Butterfield Stage Road $74,700 B $ - $74,700
Crowne Hill Drive $378,600 B $ - $378,600
Royal Crest Place $146,300 B $ - $146,300
Pauba Road $69,200 B $ - $69,200
(11) Wet Utility Improvements
Sewer at Royal Crest Place & Crowne Hill Dr. $267,400 A $267,400 $ -
Water at Royal Crest Place & Crowne Hill Dr. $563,700 A $563,700 $ -
Totals for: $14,008,746 $10,688,046 $3,320,700
Meanin~ of Priority
A = Expected to be funded from first series of Bonds to be issued for the CFD.
B = Possible funding with proceeds of (i) first series of Bonds to be issued for the CFD, following funding of all "A"
priority Facilities; and/or (ii) second series of Bonds to be issued for the CFO, if funding has been provided for
all Priority A improvements and the requirements of Section 2.14 of the Fiscal Agent Agreement are satisfied.
B-1
ITEM 18
APPROVAL . J.\ Ll /1 LJ
CITY ATTORNEY W/~ ~
DIR.OF FINANCE ~_
CITY MANAGER /
I
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council/City Attorney
FROM: William P. Curley, Assistant City Attorney
DATE: July 26, 2005
SUBJECT: Consistency Rezoning Ordinance (PA05-<J085)
RECOMMENDATION: That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. OS-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17
OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE
CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS
OF THE UPDATED CITY GENERAL PLAN (PA05-0085)
BACKGROUND: With regard to this Citywide zoning map adoption, Councilmembers Roberts
and Washington have previously recused themselves from voting on the application of a zoning
designation to their homes, which homes constitute a real estate interest for purposes of conflicts of
interest analysis.
This item was continued from the prior regular City Council meeting to this meeting to allow Staff to
review the real estate holdings of the Council. It has been concluded that the Councilmembers will
continue to exercise the prudent and responsible approach they have regularly taken with regard to
matters involving potential or arguable conflicts and will recuse themselves from the application of a
zoning district designation to their respective homes.
R.lAgenda ReportslConsistency Rezoning Ordinance PA05-0085 7 26
CITY COUNCIL DISCLOSURE PROCESS: As a matter of efficiency it is recommended that the
members of the City Council each state on the record that they will recuse themselves from the vote
as it applies to their respective interests, all as set forth on the adopted minutes considering the
adoption of the General Plan on April 12. 2005. After those disclosure statements have been made
one vote shall be taken to complete the first reading of the subject Citywide zoning district map. The
City Clerk will note the abstentions in the record pursuant to her routine practice.
FISCAL IMPACT:
No additional costs will accrue as a result of the Citywide zoning map.
ATTACHMENT:
Ordinance No. 05- _
Adopted Minutes of April 12. 2005
R/Agenda Reports/Consistency Rezoning Ordinance PA05-0085 7 26 2
ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF TEMECULA AND AMENDING
PORTIONS OF TITLE 17 OF THE TEMECULA
MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH
THE PROVISIONS AND REQUIREMENTS OF THE
UPDATED CITY GENERAL PLAN (PA05-0085)
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plans as may be in effect in any such city;
WHEREAS, the City of Temecula has undergone an extensive process of
comprehensively updating the City General Plan;
WHEREAS, the City Council for the City of Temecula approved a comprehensive update
to the City General Plan on April 12, 2005;
WHEREAS, the City of Temecula desires to ensure that the City Zoning Map and
Municipal Code are consistent with the updated General Plan;
WHEREAS, the Planning Commission held a duly noticed public hearing on May 4,
2005, and recommended that the City Council approve these amendments to the Official Zoning
Map and Municipal Code;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and,
WHEREAS, the City Council has held a duly noticed public hearing on May 24, 2005 to
consider the proposed amendments to the Official Zoning Map and Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby amends Table 17.02.010 to
add the following zones into the Zoning Districts Established table:
Zoning District Description
Rural residential
Tribal trust
District Abbreviation
RR
TT
Code Chapter
17.06
17.13
R:/Ords 2005/0rds 05-07
Section 2. The City Council of the City of Temecula hereby replaces Table 17.02.020
with the following:
Table 17.02.020
Consistency Between the General Plan and the Zoning Districts
General Plan Land Use Designation Zoning District
Hillside residential Hillside residential (HR)
Rural residential Rural residential (RR)
Very low density residential Very low density residential (VL)
Low density residential Low density residential (L -1 )
Low density residential (L-2)
Low medium density residential Low medium density residential (LM)
Medium density residential Medium density residential (M)
High density residential High density residential (H)
Neighborhood commercial Neighborhood commercial (NC)
Community commercial Community commercial (CC)
Highway/tourist commercial Highway/tourist commercial (HT)
Service commercial Service commercial (SC)
Professional office Professional office (PO)
Industrial park Business park (BP)
Light industrial (L1)
Public/institutional Public Institutional (PI)
Tribal trust lands Tribal trust (TT)
Open space (OS)
Open space/recreation Public park and recreation (PR)
Conservation (OS-C)
Specific Plan (SP-X)
These special Zoning Districts may be Planned Development Overlay (PDO-X)
used to represent any combination of Village Center Plan (VC-X)
General Plan Land Use Designations:
Floodplain Overlay District (FP)
Section 3. The City Council of the City of Temecula hereby amends Subsection
17.03.060.B.1 by adding the following sentence to the end of the Subsection:
"Encroachments into the required yard areas that are not normally allowed within the HR
and RR Zones may be allowed up to the maximum encroachment identified in Table
17.06.050.B."
R:/Ords 2005l0rds 05-07
2
Section 4. The City Council of the City of Temecula hereby amends Chapter 17.06 by
making the following changes.
A. Section 17.06.020 is hereby amended by adding a new subsection "B",
and the renumbering of the subsequent subsections, to read as follows:
"Rural Residential (RR). The rural residential zoning district is intended to provide for
the development of single-family detached home on large lots with a distinct rural
character. Some of these areas may include severe constraints for development, such
as hillside areas with slopes over twenty-five percent. Typical lot sizes in the RR district
are 5 acres and larger."
B. Table 17.06.030 is hereby amended as depicted in Exhibit "A".
C. Table 17.06.040 is hereby amended as depicted in Exhibit "B".
D. Amend Subsection 17.06.050.0.2 to include the reference to the "RR"
between "HR" and "VL".
E. Amend Subsection 17.06.050.0.4 to read as follows:
"Setbacks. Setback requirements and the placement of accessory structures in the required
yards for the VL, L-1, L-2, LM, M, and H Zones are set forth in Table 17.06.050A, Accessory
Structures Setbacks. In the HR and RR Zones, no accessory structures are allowed within the
required yards."
F. Amend the title for Table 17.06.050A to read as follows: "Accessory
Structure Setbacks for the VL, L-1, L-2, LM, M, and H Zoning Districts."
G. Amend Subsection 17.06.050.F to read as follows:
"Maximum Encroachments into Yard Areas. The items indicated in Table 17.06.050B,
Maximum Encroachments into the Required Yard Areas, for the VL, L-1, L-2, LM, M, and H
Zones may encroach into the required yards subject to the conditions placed upon those items
by the table. In the HR and RR Zones, no encroachments are allowed into the required yards."
H. Amend the title for Table 17.06.0508 to read as follows: "Maximum
Encroachments into Required Yard Areas for the VL, L-1, L-2, LM, M, and H Zoning Districts"
Section 5. The City Council of the City of Temecula hereby adopts Chapter 17.13 to
read as follows:
"CHAPTER 17.13
TRIBAL TRUST DISTRICT
SECTIONS:
17.13.010
17.13.020
Purpose and intent.
Tribal trust lands district.
R:/Ords 200S/0rds 05-07
3
17.13.010
PURPOSE AND INTENT.
The tribal trust district is intended to recognize federal tribal trust status of lands within
the City of Temecula.
17.13.020
TRIBAL TRUST LANDS DISTRICT.
The city exercises no development or zoning control over properties designated as tribal
trust lands in the general plan. These properties are under the sole jurisdiction and
control of the Pechanga Band of Luiseno Indians."
Section 6. The City Council of the City of T emecula hereby amends Chapter 17.14 by
adding the following land use listing to Table 17.14.030:
Schedule of Uses PR OS OS..c
Golf course resort (including accessory visitor supporting C - -
accommodations and commercial uses such as hotels,
fractional ownership units, day spa, restaurants, and
conference center.)
Section 7. The City Council of the City of Temecula hereby amends the Official Zoning
Map for the City of Temecula to reflect the changes to the Updated General Plan as contained
in Exhibit "C", except that no changes were made to the property identified with Assessor's
Parcel Number 919-340-004.
Section 8. Council Member Roberts and Council Member Washington did not
participate in the pUblic hearing and Council discussion of changes to the Official Zoning Map in
within the Meadowview Community. Both own homes within the Meadowview Community and
both are part owners of open space properties under the control of the Meadowview
Homeowners Association. Based on this conflict of interest, Mayor pro tern Roberts and
Council Member Washington each hereby abstain from the approval of the amendments to the
Official Zoning Map for areas within the Meadowview Community.
Section 9. Severabilitv. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 10. Mayor Pro Tern Roberts and Council Member Washington did not
participate in the discussions, considerations or vote concerning zoning and General Plan Land
Use designations in the Meadowview Tract as each owns a home in the Meadowview Tract.
Section 11. Environmental ComDliance. The Final Environmental Impact Report for the
Update of the General Plan and related amendments to the Development Code was certified on
April 12, 2005. The City Council hereby makes the following findings: (1) that this Ordinance is
part of the consistency re-zoning process was included in the project assessed by the
environmental impact report for the General Plan Update, and (2) that since the Certification of
the EIR, there have been no changes in circumstances or setting that would require the
preparation of an addendum, subsequent or supplement to an EIR. As a result, the City Council
R:/Ords 2005/0rds 05-07
4
hereby finds that this Ordinance is exempt from further environmental review because it is
included as part of a project for which an environmental impact report was prepared.
Section 12. 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.
PASSED, APPROVED AND ADOPTED this _ day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-07 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a meeting of the City Council on the th day of
, 2005, by the following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Ords 2005/0rds 05-07
5
EXHIBIT A
R:/Ords 2005/0rds 05-07
7
"Ii"
Residential
Single-family detached P P P P P P P -
Duplex (two-family dwellings) - - - - 2 - 2 2 P P
-
Single-family attached (greater than two - - - - - p p p
units)
Multiple-family - - - - - - p p
Manufactured homes P P P P P P P P
Mobilehome park - - C C C C C C
Facilities for the mentally disordered, P P P P P P P P
handicapped, or dependent or neglected
children (six or fewer)
Facilities for the mentally disordered, C C C C C C P P
handicapped, or dependent or neglected
children (seven to twelve)
Alcoholism or drug abuse recovery or P P P P P P P P
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or C C C C C C P P
treatment facility (seven or more)
Residential care facilities for the elderly P P P P P P P P
(six or fewer)
Residential care facilities for the elderly C C C C C C p p
(seven or more)
Congregate care residential facilities for - - - - p p p p
the elderly 6
Boarding, rooming and lodging facilities - - - - - - C C
Secondary dwelling units P P P P P P P P
Granny Flat P P P P P P p4 p4
Guest House P P P P P P p4 p4
Family day care homes-small P P P P P P P P
Family day care homes-large 1 C C C C C C C C
Day care centers C C C C C C C C
Bed and breakfast establishments 6 C C C C C C C C
Emergency shelters C C C C C C P P
R:/Ords 2005/0rds 05-07
6
Transitional housing
Non-Residential
Agriculture/open space uses 6
Religious institutions
Public utility facilities
Educational institutions
Public libraries
Public museums and art galleries (not for
profit)
Kennels and catteries 6
Noncommercial keeping of horses,
cattle, sheep and goats 6
Temporary real estate tract offices
Recreational Vehicle Storage Yard 3
Parking for commercial uses
Nonprofit clubs and lodge halls
Convalescent facilities
Golf courses
P P P
C C C
C C C
C C C
C C C
C C C
C C C
P P P
P P P
C C
C
P
P
C
P
P
2.
3.
4.
5.
R:/Ords 2005/0rds 05-07
9
p p P P P
C C C C C
C C C C C
C C C C C
C C C C C
C C C C C
P
P
Home occupations
Construction Trailers 5,6
Notes:
1. Subject to the provisions of Section 17.04.050 and Section 17.06.050.1, Family
Day Care Home Design Standards.
A duplex or two-family dwelling may be permitted on corner lots with a planned
development overlay pursuant to the provisions of Chapter 17.22.
Subject to the provisions of Section 17.24.020(0)(2).
Allowed only with a single-family residence.
The director of planning shall have the discretion to waive submittal of an
Administrative Development Plan if it is determined that the construction trailer will not
have an adverse impact on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10.
Legend P = Permitted by right in the district
C = Permitted by conditional use permit
- - Use is rohibited in the district
P
C
P
C
C
p
p
C
P
P
C
P
P
P
C
C
P
P
P
C
p
P
P
C
P
P
P
C
P
P
P
C
P
P
EXHIBIT B
R:/Ords 2005/0rds 05-07
10
LOT AREA
Minimum net lot area 7,200 7,2004
(square feet)
Minimum net lot area 10 5 2.5 1 Y,
(acres)
Dwelling units per net acre' 12 20
LOT DIMENSIONS
Minimum lot frontage at 50 50 40 40 30 30 30 30
front property line (feet)
Minimum lot frontage for a
flag lot at the front property 40 40 30 30 25 20 20 20
line (feet)
Minimum width at required 100 100 100 70 50 50 40 30
front setback area (feet)
Minimum average width 100 100 80 70 60 50 50 50
(feet)
Minimum lot depth (feet) 150 150 120 100 90 80 100 100
SETBACKS
Minimum front yard (feet) 40 40 25 25 20
Ave2
Minimum corner side yard 40 40 15 15 15 15 15 15.
(feet)
Minimum interior side yard 25 25 10 10 10 Vari- Vari- Vari-
(feet) able3 able3 able3
Minimum rear yard (feet) 25 25 20 20 20 20 20 20
OTHER REQUIREMENTS
Maximum height (feet) 35 35 35 35 35 35 40 50
Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30%
coverage
Open space required 90% 75% 70% 60% 40% 25% 25% 30%
Private open space/per unit NA NA NA NA NA NA 200 150
R:/Ords 200S/0rds 05-07
11
Notes:
1. Affordable housing and congregate care facilities may exceed the stated densities
pursuant to the provisions of Section 17.10.020.
2. Variable front yard setbacks: In order to allow for a more interesting visual image
and more flexible site planning variable setbacks may be permitted in the L-2, LM, M
and H districts. Front yard setbacks shall have an average of at least twenty feet.
Garages with entrances not facing the front yard area may be setback a minimum of
ten feet. Other portions of a structure may have a front yard setback of a minimum of
ten feet; however, the average setback of twenty feet shall be maintained.
3. Variable side yard setbacks: In the LM zoning district, the combined side yard
setback for both sides must equal at least fifteen feet with one side having at least ten
feet to provide potential vehicular access to the rear of the property and shall be
located on the same side as the driveway. In the M and H zoning districts, variable
side yard setbacks may be permitted provided the sum of the side yard setbacks is not
less than ten feet and the distance between adjacent structures is not less than ten
feet. ifhis permits a zero lot line arrangement with a zero setback on one side yard
and ten feet on the opposite site yard.
4. Lot sizes below 7,200 square feet can be accommodated with the approval of a
planned development overlay.
R:/Ords 2005/0rds 05-07
12
EXHIBIT C
OFFICIAL ZONING MAP
R/Ords 2005/0rds 05-07
13
.
Zoning Map Amendments
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13 General Plan Update
RECOMMENDA liON:
13.1 Conduct the Public Hearing on the Draft Land Use, Open Space Conservation,
Growth Management/Public Facilities, Public Safety, Noise, Air quality, Community
Design, and Economic Development Elements of the General Plan and the Draft
Environmental Impact Report related to these Elements;
13.2 Adopt a resolution entitled:
RESOLUTION NO. 05-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE COMPREHENSIVE UPDATE OF
THE GENERAL PLAN
13.3 Adopt a resolution entitled:
RESOLUTION NO. 05-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF
THE GENERAL PLAN
Mayor Comerchero read a statement (of record) prepared by the City Attorney with regard to the
proceedings of this item.
At this time, Planning Director Ubnoske introduced Mr. Jeff Henderson of Cotton Bridges and
Associates who proceeded with the staff report (of record), commenting on the following:
. Development capacity of the updated General Plan (113,421 population with 55,764 in
areas within the City's sphere of influence - total population 169,185) versus existing
conditions as well as the previous General Plan (112,254 population with 81,655 in
areas within the City's sphere of influence - total population 193,909);
· Content of the General Plan
. Policy direction within the updated General Plan
o Direction remains the same as that of the 1993 General Plan
o Most changes fit within the framework of that Plan
. Primary changes affect Land Use and Circulation Elements
· Reflect previously County-granted entitlements
. Preservation of Open Space Corridors
. Create a desirable and livable Urban area
. Adjusting density for the Vineyard and Agricultural designation
from 0.0 to 0.2 dwelling units per acre
· Modify the description of the recreation commercial designation to
include timeshare and fractional ownership units
· Incorporate the Airport Compatibility Plan figure within the Land
Use Element
R:lMinutesl041205
9
· Remove the area between Temecula Creek and SR 79 South
from Rural Preservation Area NO.2
· Remove land Use Request No. 2 from the Nicolas Valley Rural
Preservation Area should the City Council concur with the
Planning Commission's recommendations regarding that area
· Identify the Bureau of land Management Ownership Areas that
are present on the land Use Policy Map
o Encouraging mixed-use development near Interstate 15
o Preserving established rural areas
o Managing future growth
o Modified land Use Designations
. Rural residential designation - 5-acre minimum lot size - east of current
City boundary
. Business Park designation to Industrial Park
. Vineyards Agricultural designation - new designation
. Tribal Trust lands - new designation
. Commercial Recreation Overlay
. Open Space and Conservation Element
o I nclusion of identification of the City's historic resources
o Includes new policies and implementation that will address the concern of the
Pechanga Band of luiseno Indians
o Updated information Williamson Act Preserves within the Planning Area
o Updated information on MTBE contamination
. Growth Management/Public Facilities Element
o Addition of statements discouraging street closures that may limit or delay
access to emergency services
o Updated technical information provided by Rancho California Water Districts as
well as the Temecula Valley Unified School District
. Public Safety Element
o No major policy changes
o Included updated State geologic hazard programs
o Incorporated information regarding the Temecula Citizen's Corps
o Addition of a policy statement discouraging the closure of streets when
emergency response and public safety is adversely affected
. Air Quality Element
o No major policy changes are being proposed but have included updated
information on local programs, including the Trip Reduction Ordinance
· Community Design Element
o Significant changes regarding discussion of mixed-use design concepts
o Includes new policies and implementation encouraging the creation of public
spaces and enhance the role of public art in those spaces
o Interim Chaparral Area policies, adopted in 2004, have been incorporated
. Economic Development Element
o Includes updated information and descriptions of local programs - does not
include any major policy changes.
. Housing Element
o Not updated as part of this program
o Currently adopted Housing Element with which this General Plan is consistent
will be incorporated into the General Plan once it is adopted
o Next Housing Element Update will begin 2006 or 2007
R:lMinutesl041205
10
. Airport land Use Commission
o Several changes have been recommended to ensure consistency with the
French Valley Airport land Use Compatibility Plan
o Suggested changes consistent with the other policies and implementation that
have already been included in the draft
. Environmental Impact Report (EIR)
o 16 comment letters were received from various agencies
o 3 significant, unavoidable impacts were determined in that EIR
. Short-term construction impacts
. long-term emissions
. Transportation
o All other impacts in the EIR were considered less than significant
. Required mitigation measures have been included and identified
At this time, the public hearing was opened.
EIR in land Use Desiqnations for the area south of Moraan Hill Specific Plan
(Mayor Comerchero and Councilman Naggar did not partake in this matter and removed
themselves from the dais and Council Chamber.)
Mayor Pro Tem Roberts presided.
There being no public hearing, the public hearing regarding the above-mentioned item was
closed.
MOTION: Councilman Washington moved to approve staff's recommended land Use
Designations for the area south of Morgan Hill Specific Plan. The motion was seconded by
Councilwoman Edwards and voice vote reflected approval with the exception of Mayor
Comerchero and Councilman Naggar who abstained.
Request No. 2 - 72 acres at the corner of Nicolas Road and Via lobo - Plannina
Commission recommendation to split the desianation with low densitv on the northern
half and Open Space on the southern portion of the site with a requirement for a
planned development overlav
(Mayor Comerchero did not partake in this matter and removed himself from the dais and
Council Chamber.)
By way of overheads, Principal Planner Hogan described the proposed request, highlighting
the Community Advisory Committee's recommendation as well as the Planning Commission's
recommendation, noting that Council approval would be required with the Commission's
proposal of a Planned Development Overlay.
At this time, the public hearing was opened.
Viewing the property of discussion as a gateway to Nicolas Valley, Mr. Chris Pedersen,
Temecula, discouraged an increase in density, noting that a majority of the property would be
unusable for development.
Mr. Roger Share, representing the Garrett Group, expressed the Garrett Group's support of the
Planning Commission's recommendation.
R:IMinutesl041205
11
Advising that three years ago the Garrett Group acquired the property of discussion from the
Boy Scouts, Mr. Kirk Wright, representing the Garrett Group, as well concurred with the
Planning Commission's recommendation and noted that although the proposal may be an
upzone in density, the proposed density would not be equal to the density that would have
been permitted with a very low density project.
There being no additional speakers, the public hearing was closed.
Being of the opinion that the General Plan would not be the appropriate time to review
particular projects, Councilman Naggar relayed his support of the City Council reviewing this
particular land use designation and General Plan Amendment as a project, commenting on the
City's Growth Management Plan and noting that if this were approved at this point in time, the
Growth Management Plan process would be negated.
Concurring with Councilman Naggar's comment, Councilwoman Edwards stated that because
of the quality of projects produced by the Garrett Group, she would have no doubt that the
future Garrett Group project for the area of discussion will be a project the City Council would
accept.
In response to Councilman Washington, City Attorney Thorson advised that approval of the
request will require a majority vote. Echoing Mrs. Edwards, Mr. Washington as well expressed
his confidence in the Garrett Group to produce a quality project.
Mayor Pro Tem Roberts echoed the previously made comments shared by Councilman
Naggar.
MOTION: Councilman Naggar moved to maintain the existing General Plan designation for the
72 acres at the corner of Nicolas Road and Via Lobo as its current Very Low Density
designation. The motion was seconded by Councilwoman Edwards and voice vote reflected
approval with the exception of Mayor Comerchero who abstained.
Callowav Winerv Property /located in the Rural Preservation Areas to the east of the City
boundarvl
(Mayor Comerchero did not partake in this matter and removed himself from the dais and
Council Chamber.)
Reviewing this request, Mr. Henderson noted the following:
. That the current designation is Vineyards/Agriculture - one unit per five acres
. That the change would be to include the property in the updated General Plan
. That the proposed change would be a recommendation to the County
There being no public input, the public hearing was closed.
MOTION: Councilman Naggar moved to approve the staff recommendation to include the
Calloway Winery property in the updated General Plan and to designate it as
Vineyards/Agriculture, permitting one unit per five acres. The motion was seconded by
Councilwoman Washington and voice vote reflected approval with the exception of Mayor
Comerchero who abstained.
R:\MinutesI041205
12
At this time, Mayor Comerchero returned to the dais and Councilman Naggar removed himself from
the dais and Council Chamber.
Reauest No. 7 - 45-acre site on the north side of Lorna Linda Road - to chanae from
Professional Office to a combination of Low Medium Density and Medium Density. The
Low Medium Density would be on the eastern portion of the site adiacent to the existina
sinale-family homes. A proiect has been submitted to the City consistent with this
concept. The proiect incorporates 20% affordable units for moderate incomes on the
part of the site desianated for Medium Density. The reauest was supported by the
Communitv Advisory Committee. However, the Plannina Commission is recommendina
only Low Medium Density.
(Councilman Naggar did not partake in this matter and removed himself from the dais and
Council Chamber.)
Mr. Henderson and Principal Planner Hogan reviewed the proposed request, noting the
following:
. That the Low Medium Density would create approximately 4 to 5 units per acre
· That the Professional Office designation would generally generate more vehicle trips
than either residential category; that a vehicle reduction would occur at either Low
Medium or Medium Density
· That the Professional Office designation would allow multi-family senior housing at a
higher density
. That approximately 400 units would be the maximum allowable units for Low
Medium/Medium Density and approximately 200 units for only Low Medium Density
At this time, the public hearing regarding this matter was opened.
Advising that a vesting map has been submitted to staff for a project with regard to the area of
discussion, Mr. Larry Markham, Temecula, requested approval from the City Council; advised
that the project will be heard within the next 60 days by the Planning Commission; and
commented on efforts undertaken with regard to this project (preservation of a portion of the
Creek, trail connectivity, right of way, etc.).
In response to Mayor Comerchero, Planning Director Ubnoske advised that the project
referenced by Mr. Markham would be consistent with the current General Plan. Mr.
Comerchero questioned how this project would be consistent with the updated General Plan if
the Council were to concur with the Planning Commission's recommendation for Low Medium
Density. Not having all the specifics, City Attorney Thorson noted that the general rule would be
that the City Council may change a zone and because it may be less than the previous zoning
or General Plan designation would not necessarily mean it would be illegal.
It was noted that a letter was received with regard to this matter and that it would be part of the
public record.
Mr. Mark Broderick, Temecula, representing Rainbow Canyon Villages Homeowners
Association, expressed concern with traffic within the area of discussion and opposed the City
Council downgrading a recommended designated roadway.
At this time, the public hearing was closed.
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For Councilwoman Edwards, Principal Planner Hogan confirmed that the requested designation
would decrease the number of trips per day from the current designation.
For Councilman Washington, City Attorney Thorson further clarified Mayor Comerchero's
concern whether this project would be consistent with the updated General Plan, noting that
there are two issues: whether or not to change the General Plan and what is the impact of that
project. Mr. Hogan reiterated that the Community Advisory Committee recommendation would
permit approximately 400 units and that the Planning Commission recommendation would
permit approximately 200 units, noting that the 400 units had been included in the EIR for the
General Plan.
Mayor Comerchero expressed concern with the City Council adhering to the Planning
Commission recommendation and, thereby, downzoning this property after the applicant, in
good faith, presented a project that was consistent with the current General Plan and would be
consistent with the CAC's recommendation but not with the Planning Commission's
recommendation.
MOTION: Councilman Washington moved to approve the CAC's recommendation (for split
zoning). Councilwoman Edwards seconded the motion. (This motion was ultimately
withdraw.)
Deputy City Manager Thornhill noted that by changing the zone from Professional Office to a
combination of Low Medium Density and Medium Density, the affordable component
requirement would no longer exist but advised that any future project may be conditioned for the
affordable component.
In light of Mr. Thornhill's clarification, Councilman Washington withdrew the above-mentioned
motion and offered the following:
MOTION: Councilman Washington moved to retain the Professional Office designation for the
45-acre site on the north side of Loma Linda Road. The motion was seconded by
Councilwoman Edwards and voice vote reflected approval with the exception of Councilman
Naggar who abstained.
At this time, Councilman Naggar returned to the dais.
EIR for the proposed Land Use/Open Space Conservation/Growth Mana~ementlPublic
Facilities/Public Safety/Noise/Air Quality/Community Desian/Economic Development
Elements of the General Plan Update and remainina reauests
Ms. Eileen Runde, Temecula (wine country), questioned the City's desire to include westerly
Anza Road to Butterfield Stage Road in its sphere of influence. Mayor Comerchero reiterated
that the City will not be including the wine country in its sphere of influence, noting that it is
being included in the Planning Area of the General Plan which will give the City the ability to
comment to the County on actions it may take with regard to this area. Ms. Runde as well
expressed concern with making Anza Road the Transportation Corridor which will divide wine
country. In response to Ms. Runde, Mayor Pro Tem Roberts advised that in the County's
General Plan Circulation Element, Anza Road was redesignated from a two-lane road to a four-
lane road.
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Ms. Adrian McGregor, Temecula (wine country), commented, as per the
DepartmenVCounty/State Transportation minutes, on the width of the corridor relocated to Anza
Road and expressed concern that no circulatory roads have been included; addressed air
quality; mixed zoning; future inclusion in the City's sphere of influence; taxation; and natural
energies.
For the General Plan Amendments, City Attorney Thorson advised that the City has followed the
legally required notice with publications.
Mr. Don Stowe, Temecula, was called to address the City Council but was no longer in
attendance of the meeting.
Noting that at meeting she had attended the majority of the City's representatives (City's
consultant, Police/Fire) were in support of opening roads, Ms. Evelyn Buchanan, Temecula,
questioned why the City Council would hire a consultant if it does not consider his
recommendations; why request information from Police/Fire if the advise is discounted; why are
meetings set to provide this information if the information is not accepted; proposed that the City
buy the homes on the Meadowview side of the street and create a strip of land for a Calle
Medusa Parkway, similar to Meadows Parkway; and encouraged quality of life for all Temecula
residents.
Because the public hearing on the Circulation Element has been closed, Mayor Comerchero
reminded the upcoming speakers that issues with regard to the Circulation Element will not be
discussed this evening.
Noting all Elements of the General Plan must be balanced and must be considered in its
entirety, Ms. Suzanne Zychowics, Temecula, noted that a General Plan process was followed
by City consultanVCommissions/staff; that this process was paid for by the taxpayers; that the
process was not adhered to by the City Council and, therefore, the Plan was unbalanced;
addressed air quality and safety risks, commenting on the F rating at a particular intersection;
and referenced sex offenders residing within her neighborhood.
Appreciating the articulateness of Mr. Buchanan and Ms. Zychowics, Councilman Naggar noted
that although information has been provided to the City Council regarding the General Plan by
consultants/staff/Commissions, the City Council has the responsibility to balance the human
factor with this or any other decision. Mr. Naggar encouraged Ms. Zychowiczs and any other
individuals to feel free to contact him or the City Manager's Office to obtain information about
measures the City has undertaken to address traffic congestion/circulation.
Having received numerous emails after the March 22, 2005, City Council meeting, Mayor
Comerchero referenced comments made in the emails to which Mr. Comerchero stated that
Meadowview residents represent 3.5% of the population of this City, noting that if the City
Council's primary concern were its reelection, the Council would have never taken the stand it
did on March 22, 2005.
Mr. Don Gurdun, representing Walcott Investment, advised that a land plan (consisting of 66
units with a minimum of 7,200 square foot lots up to 30,000 square foot lots on the northern
edge of the property) has been prepared for the 22 acres in the northeast section of the City;
requested that the City Council consider a zone change from Low Density to Medium Low
Density for these 22 acres; and advised that Walcott Investment has offered to provide a fire
access road (approximately a mile) for Liefer Road.
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At 10:34 P.M., a short recess was taken.
Expressing appreciation to the Planning Commission as well as Planning staff with regard to the
Temecula Creek Inn Specific Plan, Mr. Sam Alhadeff, representing Temecula Creek Inn,
relayed concurrence with the Planning Commission's unanimous recommendation, requesting
that restaurants/conference center be included in resort-related uses.
Mr. Larry Markham, Temecula, expressed concern with a policy in the Chaparral Policy Area
relating to the constraint area and the 15% of allowed disturbance of the constraint area;
commented on the difficulty of meeting the requirement of slope areas greater than 25%, natural
drainage courses, and biological area; and requested that language be added with regard to not
having manufactured slopes from the external view of the site. With regard to Request NO.6
(Temecula Creek Village), Mr. Markham advised that these 7 acres are not in the flood plain;
that legal access has been acquired and recorded; and that, therefore, it would be requested
that consideration be given to utilizing this area for RV/boat storage.
Having requested a zone change at the Planning Commission for a parcel located at
Winchester Road and Rustic Glen Drive, Mr. Bart Doyle, Temecula, advised that the requested
change would be from Neighborhood Commercial to Professional Office for the purpose of
obtaining higher density level in order to construct a senior housing project.
Representing Request Nos. 3, 10, and 18, Mr. Matthew Fagan, Temecula, noted the following:
· That Request No. 3 - 9 acres at the corner of Margarita Road and Solana Way to
change from Medium Density to a combination of Professional Office and Open Space;
. That both the CAC and the Planning Commission have concurred with the request;
· That Request No. 10 - 18-acre site on the west side of Butterfield Stage Road to
change from Very Low Density to a combination of Low Density and Low Medium
Density (Margarita Village Specific Plan); supported by both the CAC and the Planning
Commission;
· That the project has a large frontage on Butterfield Stage Road and conditions will be
imposed to participate for the reimbursement of that road;
. That if the request were approved, the Margarita Village Specific Plan will still be within
its threshold;
· That Request No. 18 - 2-acre site on Pauba Road west of the two Neighborhood
Commercial properties to change from Very Low Density to Neighborhood Commercial
and to remove the property from the Chaparral Area; it was noted that the Planning
Commission had not supported this request.
In conclusion, Mr. Fagan requested the City Council's support.
MOTION: Councilman Naggar moved to extend the City Council meeting to 11 :30 P.M. Mayor
Comerchero seconded the motion and voice vote reflected unanimous approval.
Ms. Malinda Smith, Temecula, chose to not address the Council.
Mr. Younis, Temecula, was either no longer present or chose to not address the Council.
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Mr. Farood Ahmad, Temecula, was either no longer present or chose to not address the
Council.
Ms. Margaret Rich, Temecula, was either no longer present or chose to not address the
Council.
Ms. Kathy Smith, Temecula, was either no long-er present or chose to not address the Council.
Mr. Kenneth Hahn, Murrieta, expressed his surprise with the City Council's action to extend a
four-lane highway along YnezlDePortola Roads which would inundate 70 driveways, noting that
the most cost-effective way of improving air quality, improving safety, and improve circulation
issues would be to open North General Kearny Road.
Reiterating previously made comments of reopening the public hearing for the Circulation
Element, Mr. Mark Broderick, Temecula, representing Rainbow Canyon Village Homeowners
Association, expressed concern with Rural Preservation Area No. 4 (Rainbow Canyon and
Great Oak Ranch - south of Pechanga Parkway east of Rainbow Canyon Road adjacent to the
Pechanga Casino), sharing concern with the destruction of the hillside and relaying the desire to
include this hillside area in the Rural Preservation Area NO.4 in order to maintain the natural
resources and the aesthetics of this area.
City Clerk Jones referenced the receipt of two letters.
At this time, the public hearing was closed.
In response to the Mayor's request, the consultant and staff reviewed each request, noting the
following:
Request No. 1 - 5-acre sliver of property on the east side of Marqarita Road to chanae
from Public Institutional to Professional Office - both the CAC and Planninq Commission
have supported the request
. that the site of discussion will be a challenging site
Mayor Pro Tern Roberts noted that an easement would be required to accommodate the
pedestrian bridge.
Because this would not be the appropriate time to address details, Councilman Naggar
suggested that this designation change be reviewed with a project and offered the following
motion:
MOTION: Councilman Naggar moved to retain the existing General Plan designation of
Public Institutional. Mayor Pro Tern Roberts seconded the motion. (Additional discussion
ensued prior to the vote; see below.)
Councilman Washington expressed his support of the CAC's and Planning Commission's
recommendation.
At this time, the electronic vote for the previously made motion reflected approval with
the exception of Councilman Washington who voted !!.Q.
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Reauest No.2
Previously discussed; see pages 11-12.
Reauest No.3 - 9 acres at the corner of Maraarita Road and Solana Way to chanae from
Medium Density to a combination of Professional Office and Open Space - both the CAC
and the Plannina Commission have supported the reauest
· that the net affect of the proposed change would be a reduction of 70 units.
Councilman Washington expressed his support of the request.
MOTION: Councilman Washington moved to approve the requested change. The motion was
seconded by Councilwoman Edwards. (Additional discussion ensued prior to the vote; see
below.)
Echoing Councilman Washington's comment of support, Councilwoman Edwards noted that the
proposed request would be an improvement for the location.
For Mayor Pro Tem Roberts, staff provided clarification as to the location of the Professional
Office zone and the Open Space zone.
Both Mayor Pro Tem Roberts and Councilman Naggar expressed their support of the request.
At this time, the electronic vote on the previously made motion reflected unanimous
approval.
Reauest No.4 - 22-acre site between Butterfield Staae Road and Walcott Lane to chanae
from Very Low Density to Low Density (1/2-acre lots) - not supported by the CAC and the
Plannina Commission
· that the net affect of the change would be an addition of 35 units.
Although supporting the Y2-acre lot product in order to meet these needs, Councilman Naggar
reiterated his previously made statement to review a project prior to a General Plan Amendment
and stressed that the Y2-acre lot should be useable, not including slope.
MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very
Low Density. The motion was seconded by Councilwoman Edwards. (Additional discussion
ensued prior to the vote; see below.)
Although supporting the Y2-acre lot product, Councilman Washington expressed support of the
motion to review the request along with a project.
At this time, the electronic vote on the previously made motion reflected unanimous
approval.
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ReQuest No.5 18-acre site on the south side of Nicolas Road between Calle Medusa
and Calle Girasol to chanQe from Very Low Density to Low Medium Density - not
supported by the CAC or the Planning Commission
· that the net affect of the change would be the addition of 72 units.
MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very
Low Density. The motion was seconded by Councilwoman Edwards and electronic vote
reflected unanimous approval.
ReQuest No.6 - narrow 7 -acre site south of Temecula Creek VillaQe to change from Open
to somethinQ developable - not supported by the CAC or the PlanninQ Commission
. that the Planning Commission supported the concept of incorporating the property into
the Temecula Creek Village project for an appropriate open space use.
Mayor Comerchero noted that this site could possibly foresee some form of development such
as storage facilities.
MOTION: Councilman Naggar moved to retain the existing General Plan designation of Open
Space. The motion was seconded by Councilwoman Edwards and electronic vote reflected
unanimous approval.
ReQuest No.7
Previously discussed; see pages 13-14.
ReQuest No. 8 52-acre site wet of the Temecula Education Proiect to chanQe from
Industrial Park to a combination of Community Commercial. Medium Density. and High
Density not supported by the CAC or the Planning Commission
MOTION: Councilman Naggar moved to retain the existing General Plan designation of
Industrial Park. The motion was seconded by Councilwoman Edwards and electronic vote
reflected unanimous approval.
ReQuest No. 9 32-acre site southwest of the Temecula Education Proiect to change
from Industrial Park to either Medium Density or HiQh Density - not supported by the
CAC or the Planning Commission
MOTION: Mayor Comerchero moved to retain the existing General Plan designation of
Industrial Park. The motion was seconded by Councilman Naggar and electronic vote reflected
unanimous approval.
ReQuest No. 10 18-acre site on the west side of Butterfield StaQe Road to change from
Very Low Density to a combination of Low Density and Low Medium Density supported
by the CAC and the PlanninQ Commission
· that the net affect of the proposed change would be the addition of 14 units
. that the proposed request will not exceed the Margarita Village Specific Plan threshold
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MOTION: Mayor Pro Tem Roberts moved to approve the requested change. Councilman
Washington seconded the motion and electronic vote reflected unanimous approval.
Reauest No. 11 - 3 acres at the northwest corner of Maraarita and Dartola Road to
chanae from Professional Office to Community Commercial - not supported bv the CAC
or the Plannin!! Commission
MOTION: Councilman Naggar moved to retain the existing General Plan designation of
Professional Office. The motion was seconded by Councilman Naggar and electronic vote
reflected unanimous approval.
Reauest No. 12 - Commercial Shoppina Center at the corner of Nicolas Road and
Winchester Road
. that this request was originally supported by the CAC and the Planning Commission and
was processed as a General Plan Amendment by the City Council in 2004.
· that no Council action is required
Reauest No. 13 - 305-acre Temecula Creek Inn property - current desi!!nation on the site
is Open Space with a Recreational Commercial Overlav: reauest was to add Low Medium
Density Residential and to specify a future specific plan overlav containin!! sinale-familv
residential units: neither the CAC nor the Plannina Commission supported the reauest
for some Low Medium Densitv Residential on some of the property: however. the
Plannina Commission did approve a small part of the reauest bv includin!! the area of
Temecula Creek Inn as a future specific plan overlav area for any non-resort related
uses: the Commission also recommended that an additional General Plan Amendment
not be reauired for these non-resort uses
From a community point of view, Councilman Naggar questioned whether it would be fair to
proceed with a General Plan Amendment or whether it should be considered as a project.
Viewing this as an economic development issue, Councilwoman Edwards voiced concurrence
with the Planning Commission's recommendation.
For Councilman Washington, Mr. Sam Alhadeff, Temecula, confirmed that he had requested the
addition of restaurants and conference center.
Although viewing the economic development of a business not necessarily as a responsibility of
the City Council, Councilman Washington expressed support of creating an environment in
which business may be successful and expressed an overall support of this request.
Having met with the owner of Temecula Creek Inn, Mayor Pro Tem Roberts relayed his support
of a General Plan Amendment.
Concurring with Mayor Pro Tem Roberts, Mayor Comerchero as well suggested the inclusion of
restaurants and conference center uses. Although expressing support of the request with the
inclusion of the restaurant and conference center uses, Mr. Comerchero recommended the
removal of the Planning Commission's recommendation to bypass the General Plan
Amendment process.
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MOTION: Mayor Comerchero moved to approve the recommendation of the Planning
Commission with the exception of the removal of the General Plan Amendment. The motion
was seconded by Councilman Washington and electronic vote reflected unanimous approval.
MOTION: Councilman Naggar moved to extend the meeting to 12 midnight. The motion was
seconded by Councilwoman Edwards and voice vote reflected unanimous approval.
Request No. 14 - 2-acre site at the northeast corner of Highwav 79 South and Jedediah
Smith Road to change from Very Low Density to Professional Office - not supported bv
the CAC or Planning Commission
MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very
Low Density. Mayor Comerchero seconded the motion and electronic vote reflected unanimous
approval.
The following requests were submitted after the CAC provided its recommendation to the
Planning Commission and City Council.
Request No. 15
Has been withdrawn.
Request No. 16 to chanQe a six-acre site on the east side of Winchester Road at Rustic
Glen Drive from NeiQhborhood Commercial to Professional Office with the intent. as per
the owner. to develop a senior housing proiect - the Planninq Commissioner supported
the concept of a senior housing proiect but was unwillina to recommend approval of the
reQuest without the review of a specific proiect
MOTION: Councilman Naggar moved to retain the existing General Plan designation of
Neighborhood Commercial. Mayor Pro Tem Roberts seconded the motion and electronic vote
reflected unanimous approval.
Request No. 17 - 3-acre site located at the southeast corner of Ynez Road and Tierra
Vista to change the Land Use Designation from Professional Office to High Density
Residential - the Planning Commission has recommended Medium Density
· that the net affect with the proposed change to High Density would be the addition of 36
units
· that a conceptual project has been shared with staff
· that there are existing flag lots
. that Professional Office would permit a high-density senior housing project
Considering the close proximity of the site of discussion to the Duck Pond, Councilman Naggar
noted that additional parking is needed at the Duck Pond and questioned whether a General
Plan Amendment would increase this property's value.
MOTION: Councilman Naggar moved to retain the existing General Plan designation of
Professional Office. Mayor Pro Tem Roberts seconded the motion and electronic vote reflected
unanimous approval.
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Request No. 18 2-acre site on Pauba Road west of the two Neiahborhood Commercial
properties to chanae from Verv Low Density to NeiQhborhood Commercial and remove
the property from the Chaparral Area - the PlanninQ Commission did not support the
request
Councilman Naggar, echoed by his fellow Councilmembers, again reiterated his desire to review
a project to ensure it would be compatible to adjacent uses.
Because of the close proximity of the school, Mayor Pro Tem Roberts requested that those
restrictions imposed on the existing business be imposed on any future project.
MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very
Low Density. Councilman Washington seconded the motion and electronic vote reflected
unanimous approval.
Other Recommended Chanaes
Remove the property for Land Use Request No. 2 from the Nicolas Valley Rural
Preservation Area
MOTION: With regard to Request No.2, Councilman Naggar moved to retain the 72 acres at
the corner of Nicolas Road and Via Lobo in the Nicola Valley Rural Preservation Area. The
motion was seconded by Councilwoman Edwards and electronic vote reflected approval with
the exception of Mayor Comerchero who abstained.
South side of Jefferson Avenue Corridor
Having discussed this item with Director of Housing and Redevelopment Director of Housing
and Redevelopment Meyer, Mayor Comerchero noted that the addition of the following
language is being recommended:
· that specific language be added to call for further analysis of the lower Jefferson Avenue
Corridor.
MOTION: Mayor Comerchero moved to add the above-mentioned language with regard to the
Jefferson Avenue Corridor. The motion was seconded by Councilman Naggar and electronic
vote reflected unanimous approval.
Providing a brief recap of the General Plan process, Councilman Naggar thanked the City's
consultant, staff, Community Advisory Committee, Planning Commission, the community, and
his Council colleagues on a job well done.
With regard to the Chaparral Policy, Councilman Naggar noted that he would view it as too
dense.
In response to Principal Planner Hogan, the following motion was offered:
MOTION: Councilman Naggar moved to accept the recommended additional Airport Land Use
Commission policies. The motion was seconded by Councilwoman Edwards and voice vote
reflected unanimous approval.
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I
MOTION: Councilman Naggar moved to adopt Resolution Nos. 05-43 and 05-44. The motion
was seconded by Councilman Washington and electronic vote reflected unanimous approval.
Echoing Councilman Naggar. Mayor Comerchero thanked all those involved in the process.
CITY MANAGER'S REPORT
No additional comment
CITY An-aRNEY'S REPORT
City Attorney Thorson advised that there were no reportable actions with regard to Item Nos. 1
and 2. With respect to Closed Session Item No.3, Mr. Thorson advised that the City Council
had approved an agreement with the County of Riverside to seltle the City's litigation,
challenging the Riverside County Integrated Project. The vote was three in favor, none
opposed, and Mayor Comerchero and Mayor Pro Tern Roberts had not participated in the vote.
Mr. Thorson noted that the Settlement Agreement requires the City and County to amend its
General Plans to prohibit issuing building permits until housing projects' affects on major
arterial roads are fully mitigated; that the Agreement as well calls for a freeway study to
examine the affects of new housing on Western Riverside County freeways; and that a
summary of the Seltlement Agreement and a copy of Settlement Agreement will be available
tomorrow morning.
ADJOURNMENT
I
At 12:15 A.M.. the City Council meeting was formally adjourned to a regular meeting on
Tuesday. April 26, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Pari<
Drive, Temecula, California.
J
.
.~
ATT!=ST:
I
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ITEM 19
APPROVAL
CITY ATTORNEY
DIRECTOR OF FIN.A:
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/Citr1~~
Debbie Ubnos~ctor of Planning
DATE:
SUBJECT:
July 26, 2005
Vinyards View Estates, Planning Application Nos. PA04-0390 & PA04-0392,
Specific Plan Amendment (text and map-PA04-0390), and Tentative Tract Map
No. 23103-2 (PA04-0392)
PREPARED BY: Emery J. Papp, AICP, Senior Planner
RECOMMENDATION: The Planning Commission recommends that the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. OS-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING PROGRAM
FOR THE VINYARDS VIEW ESTATES, GENERALLY LOCATED
AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE
ROAD AND CHEMIN CLINET, AND KNOWN AS ASSESSOR
PARCEL NOS. 953-390-007 AND 953-050-009 (PA04-0390 AND
04-0392).
2. Introduce an ordinance entitled:
ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE
MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE
SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA
7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING
DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING
DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND
FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2
(20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING
AREA 9A (PA04-0390).
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1
3. Adopt a resolution entitled:
RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103-
2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37
RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN
SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT
THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD
AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S
PARCEL NOS. 953-390-007 AND 953-050-009." (PLANNING
APPLICATION PA04-0392).
BACKGROUND/ANALYSIS:
Specific Plan Amendment
The proposed Specific Plan Amendment (SPA) includes text, map and exhibit changes for
18.32 acres that is currently undeveloped within Planning Areas 7 and 9 of the Margarita Village
Specific Plan. The proposed changes to the Specific Plan Zoning Ordinance include changing
the allowable density in Planning Area 7 from L-1 (1.0 dwelling unit/acre) to LM (4.5 dwelling
units/acre), which would allow the minimum lot size to be reduced from one acre to 7,200
square feet. The proposed SPA also includes changing the allowable density in Planning Area
9A from L-1 (1.0 dwelling unit/acre) to L-2 (2.0 dwelling units/acre), which would reduce the
minimum lot size from one acre to 20,000 SF. The proposed SPA will also require that the text
and exhibits are revised to incorporate the proposed land use changes.
The proposed changes will result in smaller lot sizes than currently permitted. The average lot
sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet
in Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent
residential development in Tract 23209 (LM) to the west, and Tract 23100 (LM) to the south
west. These two existing tracts contain lots with a density of 3 to 6 dwelling units to the acre,
and range in size from approximately 8,000 square feet to 25,000 square feet. The proposed
changes will result in a net increase of 18 dwelling units above the current Specific Plan
designations for the subject site, including Planning Areas 7 and 9. However, the Specific Plan
allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204
units below the allowable and anticipated development maximum analyzed in the Specific Plan
EIR. The project site is the last developable area within the Specific Plan and if constructed, will
still result in less than the maximum anticipated units for the Plan area. The proposed changes
and increase in allowable units is consistent with the City's General Plan.
Tentative Tract Map
The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels,
including 37 residential lots and 3 open space lots. The previous Specific Plan for the site did
not contain designated open space areas and the Map merely reflects a higher density as
provided by the recently amended General Plan. Lots range in size from 7,272 square feet to
24,803 square feet, with an average lot size of 10,547 square feet in Planning Area 7 and
22,190 square feet in Planning Area 9A. The proposed project density is 2.64 du/acre in
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2
Planning Area 7 and 1.08 du/acre in Planning Area 9A which is consistent with the City's
General Plan and the Specific Plan requirements.
Per the requirements of the Subdivision Ordinance (Section 16.03.060.A), two points of access
are proposed off of Chemin Clinet at the south of the project site, and the extension of Ahern
Place at the north of the project site. All proposed access conforms to the City's standards.
As proposed, the project site will sit at a higher elevation than the adjacent Butterfield Stage
Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This slope area
will be landscaped per the City's requirements and will be maintained by the Temecula
Community Services District. A 1.16 acre tot lot/open space area is proposed in Planning Area
9A, adjacent to existing residences to the west. This area will be maintained by the project's
Homeowner's Association.
The proposed Tentative Tract Map, upon approval of the Specific Plan Amendment, is
consistent with the Margarita Village Specific Plan, Subdivision Ordinance, and General Plan.
Environmental Review
An initial study was prepared for this project which indicates that the project will have potential
significant environmental impacts to Air Quality, Cultural Resources, Biological Resources, and
Noise impacts unless mitigation measures are required and implemented. A Mitigation
Monitoring Program was prepared to ensure compliance with required mitigation. Based on the
required mitigation, staff recommends adoption of a Mitigated Negative Declaration for the
project.
Plannina Commission Action
Chairman Mathewson noted that he could support the proposal to change the lot sizes in
Planning Area 9 to half-acre lots if the homes in this Planning Area were restricted to single-
story to provide a satisfactory buffer for surrounding areas. Commissioners Guerriero and
Telesio were in full support of the project. Commissioner Ohlasso expressed her opposition to
the project and noted the area should remain as one-acre lots.
Commissioner Guerriero moved to approve the project. The project was approved 3-1-1-0, with
Chairman Mathewson and Commissioners Guerriero and Telesio voting in favor, Commissioner
Ohlasso voting in opposition, and Commissioner Chiniaeff absent. Two members of the public
spoke in favor of the project; and, three members of the public spoke against the project, citing
loss of property values associated with the increased density.
FISCAL IMPACT: None. All costs associated with the proposed development will be paid by
the developer.
ATTACHMENTS:
1. Resolution No. 05-_ Mitigated Negative Declaration
2. Ordinance No. 05-_ Specific Plan Amendment
3. Resolution No. 05-_ Tentative Tract Map
4. Planning Commission Staff Report (June 1, 2005)
5. Excerpt from Draft Planning Commission Minutes (June 1, 2005)
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ATTACHMENT NO.1
CITY COUNCIL RESOLUTION NO 05-_
MITIGATED NEGATIVE DECLARATION
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING
PROGRAM FOR THE VINYARDS VIEW ESTATES,
GENERALLY LOCATED AT THE NORTHWEST
CORNER OF BUTTERFIELD STAGE ROAD AND
CHEMIN CLlNET, AND KNOWN AS ASSESSOR
PARCEL NOS. 953-390-007 AND 953-050-009 (PA04-
0390 AND 04-0392).
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. Vinyard View Estates, LLC filed Planning Application Nos. PA04-0390
Specific Plan Amendment, and PA04-0392, Tentative Tract Map, in a manner in accord
with the City of Temecula General Plan and Development Code and an initial study was
prepared in accordance with CEQA Guidelines; and,
B. The applications were processed including, but not limited to public
notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act; and,
C. The Planning Commission of the City of Temecula held a duly noticed
public hearing on June 1, 2005 to consider the application of the Project and
environmental review, at which time the City staff and interested persons had an
opportunity to, and did testify either in support or opposition to this matter; and,
D. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed Project, the Planning
Commission adopted Resolution No. 2005-40 recommending the City Council approval
of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Project.
E. On July 26, 2005 and 2005, the City Council of the City of
Temecula held a duly noticed public hearing on the Project at which time all persons
interested in the Project had the opportunity and did address the City Council on these
matters.
F. On July 26, 2005, the City Council of the City of Temecula approved a
Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when
it adopted Resolution No. 05-_;
Section 2. The City Council of the City of Temecula hereby makes the following
findings:
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1
A. Pursuant to the California Environmental Quality Act ("CEQA") and the
City's local CEQA Guidelines, City staff prepared an initial study of the potential
environmental effects of the proposed Project. Based upon the findings contained in that
study, City staff determined that there was no substantial evidence that the project could
have a significant effect on the environment and a Mitigated Negative Declaration has
been prepared. A copy of the Initial Study, Negative Declaration and Mitigation
Monitoring Program are attached hereto as Exhibit "A" and incorporated herein by
reference.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law and
copies of the documents have been available for public review and inspection at the
offices of the Planning Department, located at City Hall, 43200 Business Park Drive,
Temecula, CA 92589.
C. The City Council reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration. The Project and the
Mitigated Negative Declaration were discussed at a public hearing of the City Council
held on July 26, 2005.
D.
CEQA.
The Mitigated Negative Declaration was prepared in compliance with
E. There is no substantial evidence that the Project, as conditioned, will
have a significant effect on the environment.
F. The Mitigated Negative Declaration reflects the independent judgment
and analysis of the City Council.
G. The Mitigation Monitoring Program set forth in the Mitigated Negative
Declaration has been prepared in accordance with law.
Section 3. The City Council of the City of Temecula hereby approves the
Mitigated Negative Declaration and Mitigation Monitoring Program for the Project as set
forth on Exhibit A, attached hereto, and incorporated herein by this reference together
with any and all necessary conditions that may be deemed necessary.
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Section 4. PASSED, APPROVED AND ADOPTED on this 26th, day of July,
2005.
Jeff Comerchero, Mayor
ATTEST:
Susan Jones, CMC, City Clerk
SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
J HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 26th day of July,
2005 by the following vote of the Council:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS
Susan Jones, CMC, City Clerk
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ATTACHMENT NO.2
PC RESOLUTION NO. 2005 -
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Proiect Title Vinvards View Estates
Lead Agency Name and Address City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Contact Person and Phone Number Chervl Kitzerow, Associate Planner (951) 694-6400
PrOfect Location Northwest corner Butterfield Staoe Road and Chemin Clinet
Project Sponsor's Name and Address Vinyards View Estates, LLC
8555 Aero Drive, Suite 305, San Dieoo, CA 92123
General Plan Designation Planninq Area 7 110.97 acres)
Current/Proposed: Low Medium Density Residential (LM - 3-6 du/ac)
Planninq Area 9A 17.35 acres)
Current/Prooosed: Low Densitv Residential IL - 0.5-2 du/ac)
Specific Plan Zoning Margarita Village Specific Plan, Planning Areas 7 and 9:
Planninq Area 7
Currently: L-1 Residential (1 acre min. lot size)
Proposed: Low Medium Residential (LM, 7,200 SF min.)
Planninq Area 9A
Currently: L-1 Residential (1 acre min.)
Prooosed: L-2 Residential 120,000 SF min.)
Specific Plan Land Use Designation Margarita Village Specific Plan, Planning Areas 7 and 9:
Planninq Area 7
Currently: Low Density Residential (L)
Proposed: Medium Density Residential (M)
Planninq Area 9A - no chanqe
Currently: Low Density Residential (L)
Pronosed: Low Densilv Residential Il)
Description of Project The proposed project includes a Specific Plan Amendment (text and
map-PA04-0390), and Tentative Tract Map No. 23103-2 (PA04-
0392). The project area includes 18.32 acres that is currently
undeveloped. Planning Area 7 is 10.97 acres located at the north
half of the project site. Planning Area 9A is 7.35 acres located at the
south half of the site (Planning Area 9A is a portion of the 10 acre
Planning Area 9 of the Margarita Village Specific Plan. Three acres
of Planning Area 9 is currently developed as the Chardonnay Hills
Recreation Center and is not part of the subject application as it is
under separate ownership and no changes are proposed). The
Specific Plan Amendment is a request to amend the zoning
designation from L-1 (one acre minimum) to Low Medium (7,200
square feet minimum) in Planning Area 7, and from L-1 (one acre
minimum) to L-2 (20,000 SF min.) in Planning Area 9. The proposed
Specific Plan amendment also includes a request to change the land
use in the Specific Plan from Low Density to Medium Density in
Planning Area 7. No specific plan land use change is proposed for
Planning Area 9. The Tentative Tract Map (No. 23103-2) is a request
to subdivide 18.3 acres into 40 oarcels, includinQ 37 residential lots
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Surrounding Land Uses and Setting
Other public agencies whose approval
is required
.
and 3 open space lots (Planning Area 7 - 29 residential lots and
Planning Area 9A - 8 residential lots).
Surrounding land uses include existing single family residences to
the north and west with a minimum lot size of 7,200 square feet
adjacent to Planning Area 7 and 10,000 square feet adjacent to
Planning Area 9A. The existing Recreation Center for the
Chardonnay Hills development is to the south of the project site.
Butterfield Stage Road abuts the project site to the east with
vineyards located in the Countv east of Butterfield Staoe Road.
Other public agencies which may require approval and/or
subsequent permits include: U.S Army Corps of Engineers (USACE),
California Department of Fish and Game, Regional Water Quality
Control Board.
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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Mineral Resources
Aoricult\lre Resources X Noise
X Air Qualitv Pooulation and Housino
X BiolOQical Resources Public Services
X Cultural Resources Recreation
Geoloov and Soils T ransoortationlT raffic
Hazards and Hazardous Materials Utilities and Service Svstems
HydrOloQY and Water Quality X Mandatorv Findinos of Sionificance
Land Use and Plannino None
Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be oreoared.
I find that although the proposed project could have a significant effect on the environment, there will not
X be a significant effect in this case because revisions in the project have been made by or agreed to by
the oroiect orooonent. A MITIGATED NEGATIVE DECLARATION will be oreoared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analvze onlv the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed oroiect, nothino further is required.
Signature
Date
Chervl Kitzerow. Associate Planner
Printed name
Citv of Temecula
For
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1. AESTHETICS. Would the project:
Potentially
Potentially Significant Unless Less Than
Issues and $unnortina Information Sources Significant Mitigation Significant No
Imnact Inco";:;'orated lmoaet Imoact
a. Have a substantial adverse effect on a scenic vista? X
b. Substantially damage scenic resources, including, but not X
limited to, trees, rock Dutcroppings, and historic buildings
within a state scenic hiahwav?
c. Substantially degrade the existing visual character or X
oualitv of the site and its surroundinos?
d. Create a new source of substantial light or glare which X
would adversely affect day or nighttime views in the
area?
Comments:
1. a.-b: No Impact The proposed project is not located on or near a scenic vista Dr scenic highway. The
project site is currently vacant with no structures, trees or rock outcroppings on the site. Therefore, the project
would not substantially degrade the existing visual character Dr quality of the site and its surroundings, and no
significant impact is anticipated.
1. c: Less than Significant Impact: The project site consists of 18 acres. The site is characterized by gently
sloping topography with a small drainage course running from east to west. The sloping topography generally
is not natural and consists of 40,000 cubic yards of stockpile material that has been placed on the site in the
past during the construction of Butterfield Stage Road. Adjacent uses include Butterfield Stage Road to the
east (with county vineyards on the other side of the road), medium density residential (6,000 SF minimum) to
the west of Planning Area 9A and low medium density residential (7,200 SF minimum) to the west of Planning
Area 7. According to the City of Temecula General Plan, the project site does not include any scenic
resources and is not known for its visual character. There is no public viewing areas in the immediate vicinity
that would be impacted as a result of the proposed project. While the project will be visible from various
residential lots, a less than significant impact is anticipated because the views are considered private and are
not considered to be of public benefit. As proposed, the project site will sit at a higher elevation than the
adjacent Butterfield Stage Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This
slope area will be landscaped per the City's requirements and will be maintained by the Temecula Community
Services District. The Tentative Map has been designed with Lots 1 through 6 approximately 9 feet lower than
adjacent residences; Lots 7 through 15 approximately 5 feet lower; Lots 16 through 27 approximately 15 feet
higher; and Lots 29 through 37 at a similar elevation to adjacent homes. To reduce potential impacts to
adjacent residences to the west, the project design includes the continuation of an adjacent open space lot
(Tract 23100-5), single-loaded street design for Lots 1 through 6, and Specific Plan text requiring Lots in
Planning Area 9A (Lots 1-6) to be single-story homes. In addition, the Margarita Specific Plan includes design
guidelines for the development of the site to ensure compatibility in architecture with the adjacent homes to the
west within the Specific Plan. The project area is within Village "B" of the Specific Plan. This area requires
custom homes on lots within Planning Area 9A, which will be a minimum of 2,500 square feet and single story.
Planning Area 7 homes will be designed to be a minimum of 2,200 square feet and either Spanish,
Mediterranean or French architectural styles. These requirements will ensure the development is aesthetically
pleasing. As proposed, the project will not degrade community character and therefore no significant impacts
are anticipated.
1. d.: Less Than Significant Impact: The proposed project is currently vacant with no sources of light or
glare. The proposed project will introduce new generators of light and glare typically associated with residential
development. The City of Temecula requires all new development to comply with the Riverside County Mount
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Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto
adjacent properties and emit low levels of glare into the sky. Decorative lighting is allowed, however decorative
lighting is required to be shut-off by 11 :00 P.M. By shutting off decorative lighting at 11 :00 PM, the amount of
light and/or glare will be reduced during late evening hours, thus preserving the visibility of the night sky for
scientific research from the Mount Palomar Observatory. Compliance with all Development Code and
Ordinance requirements would reduce potential light and glare impacts to surrounding properties to less than
significant. Therefore, potential light and glare impacts from the project would be less than significant.
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation
as an optional model to use in assessing impacts on agriculture and farmland. Would the
project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Sunnnrtinn Information Sources I~nact Inco";:'orated Imnact Imnact
a. Convert Prime Farmland, Unique Farmland, or Farmland X
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-aqricultural use?
b. Conflict with existing zoning for agricultural use, or a X
Williamson Act contract?
c. Involve other changes in the existing environment which, X
due to their location or nature, could result in conversion
of Farmland, to non-aoricultural use?
Comments:
2. a.-c.: No Impact: The project site is not currently in agricultural production and in the recent and historic
past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson
Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of
statewide or local importance as identified by the State Department of Conservation and the City of Temecula
General Plan. In addition, the project will not involve changes in the existing environment, which would result
in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed
project
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
Issues and Su run Information Sources
a. Conflict with or obstruct implementation of the applicable
air uali Ian?
b. Violate any air quality standard or contribute substantially
to an existin or ro'ected air uali violation?
c. Result in a cumulatively considerable net increase of any
criteria Dllutant for which the ro'ect re ion is nDn-
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Potentially
Significant
1m act
Potentially
Significant Unless
Mitigation
Inco orated
X
Less Than
Significant
1m act
No
1m act
X
X
5
d.
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed uantitative thresholds for ozone recursors?
Expose sensitive receptors to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial number
of eo Ie?
x
e.
x
Comments:
3. a.-e.: Potentially Significant Unless Mitigation Incorporated: The proposed project is located in the
southwest portion of the South Coast Air Basin. The Environmental Protection Agency designates areas of
Ozone (03), Carbon Monoxide (CO) and Nitrogen Oxides (NOx) as either "Does not meet the primary
standards", "Cannot be classified", or "Better than national standards". The primary air quality problems in the
area are ozone and particular matter. The Basin has been designated as an "extreme" non-attainment area for
ozone. The Basin exceeds both the state and federal standards for ozone and both the state and federal
standards for particulate matter PM10.
The proposed project may potentially result in a cumulatively considerable net increase of pollutants for which
the project region is considered non-attainment under an applicable federal Dr state ambient air quality
standard. The proposed project is not considered a significant pollutant generator in regards to the immediate
surrounding area. However, the project site may be a significant pollutant generator for the South Coast Air
Basin since the basin is currently a non-attainment area. The General Plan EIR identifies the Temecula area
as having significantly cleaner air than the other areas in the South Coast Air Basin. The cleaner air in the
Temecula area is due to the geographical location and prevailing wind pattern. While the project site is located
within a non-attainment area, the project as a stand alone project will not emit pollutants considered to be
significant.
A project specific Air Quality Analysis was prepared and submitted to the City for review (dated March 28,
2005). The report concluded that the project will potentially impact air quality almost exclusively through
increased automotive emissions. Minor secondary emissions during construction, from increased fossil-fueled
energy utilization and from small miscellaneous sources will also be generated, but these are usually much
smaller in both duration and volume than the mobile source emissions.
Construction Activities:
Construction pollutant emission generators would consist primarily of haul truck activities such as concrete and
other suppliers, graders and pavers, contractor vehicles, and ancillary operating equipment such as diesel-
electric generators and lifts. The SCAQMD CEQA Air Quality Handbook (1993) includes construction activity
screening thresholds to determine whether a project would exceed thresholds and result in significant impacts.
The screening table thresholds for construction are as follows:
Less-than-Significant
Threshold
1,309,000 SF residential
Size Proposed Project
Percent of Threshold (%)
148,000 SF (37 units x 4,000 11.3
SF/unit
18.8 acres 10.6
The project size is sufficiently limited as to not exceed thresholds. However, because of the non-attainment
status of the air basin, maximum feasible mitigation measures to reduce cumulative impacts to PM-10 and
ozone from construction activities are included below. Short-term construction activities during site grading
may exceed recommended SCAQMD significance thresholds for NOx depending upon disturbance acreage
and amount of equipment onsite. Daily emissions for ROG may exceed the daily threshold during the
application of paints and coatings if the entire project is painted in a brief period of time. The daily disturbance
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acreage, equipment usage and construction phasing are unknown at this time. Mitigation for potential effects is
included to reduce the potential for any short-term construction activity impacts.
OoeratiDnallmoactsNehicular Emissions Levels:
Motor vehicles are the primary source of emissions associated with the proposed project. Based on the
URBEMIS2002 model used to calculate daily emissions increases associated with the proposed project,
approximately 451 (37 units x 9.57 trips/DU) vehicle trips are anticipated at the build out of the project. The
project related mobile source emissions burden, along with a comparison of SCAQMD recommended
significance thresholds (pounds/day) are identified below.
ROG NOx CO PM-10 SOx
Area Source 1.92 .78 .78 0.0 0.01
Emissions
Mobile Source 4.31 4.54 52.48 4.23 0.05
Emissions ,
TOTAL 6.24 5.32 53.27 4.23 0.06
SCAQMD 55 55 550 150 150
Threshold
As illustrated no impacts will result from the proposed project based on the URBEMIS 2002 model. In addition,
because the total units do not exceed the anticipated/allowable units with the Margarita Village Specific Plan,
no significant impacts are anticipated.
The City of Temecula has adopted and certified an Environmental Impact Report for the Citywide General Plan
Update. The EIR identified various significant impacts that could not be mitigated to a less than significant
level. The City Council of the City of Temecula adopted Resolution 2005-43, a statement of overriding
consideration for these impacts that could not be mitigated to a less than significant level. Included as part of
the statement of overriding consideration were air quality standards and compliance with SCAQMD air quality
plan. The proposed project is consistent with goals and policies within the General Plan.
Based on the above information, the proposed project could potentially expose sensitive receptors to
substantial pollutant concentration and could potentially create objectionable odors affecting a substantial
number of people. The only sensitive receptor in proximity to project site is Rancho Elementary School on La
Serena, which is located within approximately 3500 feet of the project site. These potential impacts are
considered less than significant with the implementation of the required mitigation measures.
The applicant is required to comply with the mitigation measures outlined in the Air Quality study to reduce
potential impacts to below a level of significance. The following Conditions of Approval and/or Mitigation
Measures will be incorporated on the following entitlements as a part of the proposed project (Specific Plan
Amendment, and Tentative Tract Map):
Prior to the issuance of a grading and/or building permit (as applicable), the Applicant shall submit written
proof of the satisfaction of each of the below mitigation measures to the Planning Department, unless
otherwise stated. All control techniques shall be clearly indicated on the project grading and construction
plans. Compliance with these measures shall be subject to periodic site inspections by the City.
1. The applicant shall incorporate energy efficiency standards as defined by Title 24 into the
project. The applicant shall comply with the latest Title 24 standards.
2. Prior to the issuance of a grading permit and during the duration of construction activities, the
Applicant shall verify in writing (to the Planning Department) that all earth moving and large
equipment are properly tuned and maintained to reduce emissions. In addition, alternative
clean-fueled vehicles shall be used where feasible. Construction equipment should be selected
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and deployed considering the lowest emission factors and highest energy efficiency reasonably
possible.
3. All diesel-powered vehicles and equipment shall be maintained in a manner to minimize NOx
emissions through regular tune-ups.
4. All diesel-powered vehicles shall be turned off when not in use for more than five (5) minutes,
and the gasoline-powered equipment shall be turned off immediately when not in use.
5. Electrical and/or natural gasoline-powered equipment should be utilized in-lieu of gasoline or
diesel-powered engines.
6. If construction equipment powered by alternative fuel sources (LPG/CNG) is available at
comparable cost, the developer shall specify that such equipment be used during all
construction activities on the project site.
7. Contractors should use particulate filters on diesel construction equipment, if such filters are
available and are cost-competitive for use with this project.
8. During construction and all grading phases, the project site shall be watered down, to prevent
fugitive dust and erosion, in the morning before grading and/or before construction begins and
in the evening once construction and/or grading is complete for the day. The project site shall
be watered down no less than 3 times (not including the morning and evening water-down)
during construction and/or grading activities to reduce dust.
9. During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact
adjacent properties, generally wind speeds exceeding 25 miles per hour, averaged over an
hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations
as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-
site activities and operations from being a nuisance or hazard, either off-site or on-site, or as
determined by the City Engineer at his sole discretion.
10. The applicant shall comply with regional rules such as SCAQMD Rules 402 and 403, which
would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust
be controlled with best available control measures so that the presence of such dust does not
remain visible in the atmosphere beyond the property line of the emission source. Rule 402
requires dust suppression techniques be implemented to prevent fugitive dust from creating a
nuisance offsite. These dust suppression techniques are summarized below:
a. Portions of the construction site to remain inactive longer than a period of three months
shall be seeded and watered until grass cover is grown or otherwise stabilized in a
manner acceptable to the City.
b. All on-site roads shall be paved as soon as feasible or watered periodically or chemically
stabilized.
c. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to
fully cover the load in compliance with State Vehicle Code 23114. Material transported in
trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with
special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended.
Material transported on-site shall be sufficiently watered or secured to prevent fugitive
dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with
water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil
from the trucks before they leave the construction area.
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d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be
minimized at all times.
11. Prior to the issuance of a grading and building permits, the applicant shall submit verification
that a ridesharing program for the construction crew has been encouraged and will be
supported by the contractor via incentives or other inducements.
12. During the course ofthe project grading and construction, the applicant shall post signs on-site
limiting construction related traffic and all general traffic to 15 miles per hour or less.
13. Graded and/or excavated inactive areas of the construction site shall be monitored by the
Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such
as water and roll compaction and environmentally safe dust control materials, shall be
periodically applied to portions of the construction site that are inactive for over three days. If
no further grading or excavation operations are planned for the area, the area shall be seeded
and watered to establish and maintain grass growth, or periodically treated with
environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be
advised of the election of treatment made by the Applicant.
14. During the course of the project grading and construction, the Applicant shall sweep adjacent
streets and roads so as to prevent the placement or accumulation of dirt in the roadway. Where
vehicles leave the construction site and enter adjacent public streets the streets shall be swept
daily or washed down at the end of the work day to remove soil tracked onto the paved surface.
Any visible soil track-out extending more than fifty (50) feet from the access point shall be
swept or washed within thirty (30) minutes of deposition.
15. The construction contractor shall schedule the construction activities so as not to interfere with
peak hour traffic as much as possible, and if necessary, a flag person shall be retained to
maintain safety adjacent to existing roadways.
16. The construction contractor should utilize as much as possible precoated/natural colored
building materials. Water-based or low VOC coatings should be used that comply with the most
stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual
coatings application shall be used to reduce VOC emissions.
4. BIOLOGICAL RESOURCES. Would the project?
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortina Information Sources Impact Incomorated Imoact Imoact
a. Have a substantial adverse effect, either directly Dr X
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, Dr regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat X
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
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9
c. Have a substantial adverse effect of federally protected X
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
d. Interfere substantially with the movement of any native X
resident Dr migratory fish or wildlife species or with
established native resident Dr migratory wildlife corridors,
or imoede the use of native wildlife nurserv sites?
e. Conflict with any local policies or ordinances protecting X
biological resources, such as a tree preservation policy or
ordinance?
f. Conflict with the provisions of an adopted Habitat X
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, Dr state habitat
conservation plan?
Comments:
4. a., c-f.: No Impact: The project site is currently vacant and disturbed. Approximately 40,000 cubic yards of
fill material have been stockpiled on the site for several years. The site is located within the Stephen's
Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required as a standard condition of approval
to offset the effect of cumulative impacts to the species from urbanization occurring throughout western
Riverside County. The project site is a part of the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and became effective
March 12, 2004. The ordinance requires all projects submitted after June 22, 2004 to be analyzed to ascertain
if a Habitat Assessment is required. The subject application was received prior to this date. Although the
project is not subject to the Habitat Assessment requirement of the MSHCP, the impact fees associated with
the ordinance apply to all development applications submitted after the effective date, to which this project is
subject. There are some grasses on the project site, however they are not considered sensitive habitat, nor is
the site a part of a wildlife corridor. No impact is anticipated as a result of the proposed project.
4.b.: Potentially Significant Unless Mitigation Incorporated: A 450+/- foot long non-blue line natural stream
course is located on the project site between Julo Way and the future alignment of Butterfield Stage Road.
Thomas Leslie Corporation performed a field visit to the site in order to determine the acreages of state and
federal waters delineated within the stream course. A letter dated January 5, 2004 indicates that no wetlands,
or riparian habitat were observed along the stream course. Based on the field data, 0.06 acres of jurisdictional
state and federal non-wetland waters was delineated. Filling of the jurisdictional waters will require issuance of
Nation Wide Permit 39 (NWP) from the U.S. Army Corps of Engineers. Use of a NWP 39 requires procurement
of a 401 water quality control permit from the Regional Water Quality Control Board (RWQCB) and a 1603
Streambed Alteration Agreement from the California Department of Fish and Game (DF&G). Implementation of
the following mitigation measure will reduce potential project impacts to less than significant:
1. The applicant shall obtain a Department of the Army Permit from the U.S. Army Corps of
Engineers under Section 404 of the Clean Water Act, a Streambed Alteration Agreement from
the California Department of Fish and Game, and a Section 401 Water Quality Certification from
the Regional Water Quality Control Board. Proof of permit approval from all agencies shall be
submitted to the City Planning Department prior to issuance of any grading permit.
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5. CULTURAL RESOURCES. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Supportina Information Sources ImDaet Incoroorated Irnaaet Imoact
a. Cause a substantial adverse change in the significance of X
a historical resource as defined in Section 15064.5?
b. Cause a substantial adverse change in the significance of X
an archaeoloqical resource oursuant to Section 15064.5?
c. Directly or indirectly destroy a unique paleontological X
resource or site or uniaue aeolooic feature?
d. Disturb any human remains, including those interred X
outside of formal cemeteries?
Comments:
5. a-b.: No Impact: Construction of the proposed buildings will occur on land that has been previously graded,
disturbed or used for stockpiling. An Archaeological Survey was prepared by Brian Smith & Associates
(October 18, 2004) to survey the property for any evidence of prehistoric or historic cultural resources. An
archaeological records search performed for the subject site found no previously identified cultural resources
within the project boundaries. In addition, an on-site archaeological survey resulted in no cultural resources
identified. Additionally, neither the City of Temecula General Plan Environmental Impact Report nor the City's
General Plan identifies this project site as an area of significant cultural resources; therefore no impacts to
cultural resources are anticipated.
5. c-d.: Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan (Figure
5-7) identifies the project site as an area with a high potential for paleontological resources. A Phase 1 Study
for Paleontological mitigation and monitoring was prepared by Brian Smith & Associates (October 6,2004) for
the project site. The site is characterized by sandstone facies of the Pauba Formation, which has a well
documented record of producing numerous vertebrate and invertebrate fossils. The report includes mitigation
measures required for the project (items 1-4 below). Additional mitigation is proposed to reduce potential
impacts to human remains.
1. Prior to the issuance of a grading permit, the applicant shall provide written documentation that
the following monitoring will occur (e.g., contract with qualified professional): Monitoring of
mass grading and excavation activities in areas identified as likely to contain paleontological
resources by a qualified paleontogist or paleontological monitor.
2. Prior to the issuance of a grading permit, the applicant shall provide written documentation that
the following will occur (e.g., contract with qualified professional): Preparation of recovered
specimens to a point of identification and permanent preservation, including screen-washing of
sediments to recover small invertebrates and vertebrates.
3. Prior to the issuance of a grading permit, the applicant shall provide written documentation that
the following will occur (e.g., contract with qualified professional): Identification and curation of
specimens into a professional, accredited public museum repository with a commitment to
archival conservation and permanent retrievable storage (e.g., the San Bernardino County
Museum). The paleontological program should include a written repository agreement prior to
the initiation of mitigation activities.
4. Prior to the issuance of a grading permit, the applicant shall provide written documentation that
the following will occur (e.g., contract with qualified professional): Preparation of a final
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monitoring and mitigation report of findings and significance, including lists of all fossils
recovered and necessary maps and graphics to accurately record their original location.
5. Prior to the issuance of a grading permit, the applicant must enter into an agreement with the
Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural
resources, human resources and human remains discovered on-site.
6. The landowner agrees to relinquish ownership of all cultural resources, including
archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for
proper treatment and disposition.
7. The applicant shall provide an on-site archaeological and paleontological monitoring during all
phases of earthmoving activities.
8. If sacred sites are discovered during ground disturbing activities, they shall be avoided and
preserved.
6. GEOLOGY AND SOILS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortina Information Sources Impact Incorporated Impact Impact
a. Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involvinq:
i. Rupture of a known earthquake fault, as delineated on X
the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault? Refer to
Division of Mines and GeolDav Soecial Publication 42.
ii. Strong seismic ground shaking? X
iii. Seismic-related qround failure, includinQ liquefaction? X
iv. Landslides? X
b. Result in substantial soil erosion or the loss of toosoil? X
c. Be located on a geologic unit or soil that is unstable, or X
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d. Be located on expansive soil, as defined in Table 18-1-B X
of the Uniform Building Code (1994), creating substantial
risks to life or properly?
e. Have soils incapable of adequately supporting the use of X
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
Comments:
6. a. i-iv: Less Than Significant Impact: The subject site is not within an Alquist-Priolo Special Studies Zone
for faulting, and no faults are known to be present at the site (General Plan Figure 7-1). The nearest mapped
faults are the Wildomar and Willard Faults (within the Elsinore fault zone) which lie approximately 2.5 and 3.2
miles west of the site, respectively. These faults are considered to be active and potentially active,
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12
respectively. However, this is not considered significant. No significant impacts are anticipated as a result of
this project.
6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil.
The project site will be developed in accordance with City standards, including National Pollution Discharge
Elimination System (NPDES) standards, which require the implementation of erosion control and best
management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan
has not identified any known landslides or mudslideirlocated on the site or proximate to the site. No significant
impacts are anticipated as a result of this project.
6. c.: Less Than Significant Impact: The project is not located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse. According to General Plan Figure 7-2 the project site is not
within a Liquefaction Hazard Area or Areas of Potential Subsidence. No significant impacts are anticipated as a
result of this project.
6. d.: No Impact: The project is not located on expansive soil, as defined in Table 18-1-B of the Uniform
Building Code (1994), creating substantial risks to life or property.
6. e.: No Impact: The project site will not utilize septic tanks. A public sewer system is available and approvals
from the Department of Environmental Health for solid wastes and waste water will be required. The project will
connect to the public sewer system. No impacts are anticipated as a result of this project.
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortina Information Sources Imoact Incoroorated Imnact Imnact
a. Create a significant hazard to the public or the X
environment through the routine transportation, use, or
disposal of hazardous materials?
b. Create a significant hazard to the public Dr the X
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c. Emit hazardous emissions or handle hazardous Dr X
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existinQ or orooosed school?
d. Be located on a site which is included on a list of X
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
e. For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing Dr
working in the proiect area?
f. For a project within the vicinity of a private airstrip, would X
the project result in a safety hazard for people residing or
workinG in the Droiect area?
g. Impair implementation of or physically interfere with an X
adooted emerqencv resoonse olan Dr emeroencv
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h.
evacuation olan?
Expose people Dr structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
x
Comments:
7. a.: No Impact: The project will not create a significant hazard to the public Dr the environment through the
routine transportation, use, or disposal of hazardous materials. The proposed project consists of a residential
development and will not generate hazardous materials that would create a significant hazard. Typical
transportation, use and disposal of wastes associated with residential uses are anticipated, however these are
not considered potentially significant. No impacts are anticipated as a result of the proposed project.
7. b.: No Impact: The proposed project will not create a significant hazard to the public Dr the environment
through reasonably foreseeable upset and accident conditions involving the release of hazardous materials
into the environment. The proposed project consists of single family residential development. The releases of
hazardous materials into the environment are not anticipated as a result of the proposed project. No impact is
anticipated as a result of the proposed project.
7. c.: No Impact: The proposed project is located within three-quarters of a mile of an existing elementary
school located on La Serena Drive. However, the proposed project is not anticipated to emit substantial
emissions, materials or wastes that would create a significant impact. The project is required to implement
mitigation measures to reduce air quality emissions as required in the Air Quality analysis. A less than
significant impact is anticipated as a result of the proposed project.
7. d.: No Impact: The project site is not located on a site which is included on a list of hazardous materials
sites compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to
the public or the environment. No impact is anticipated as a result of the proposed project
7. e-f.: No Impact: The project site is not located within an airport land use plan or within two miles of a public
or private airstrip. Zone E of the French Valley Airport is located approximately 2,500 feet from the northern
most boundary of the subject site. No impact upon airport uses will result from this proposal.
7. g.: No Impact: The proposed project is located within an urban area within the city limits. Emergency
response or evacuation plan routes include the City's roadway network. The proposed project does not involve
impeding or modify existing roadways and therefore, would not impair the implementation of or physically
interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as
a result of the proposed project.
7. h.: No Impact: The proposed project is and is therefore, not located in or near a wildland area that would be
subject to fire hazards. The location of the proposed project would not expose people or structures to a
significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this
project.
8. HYDROLOGY AND WATER QUALITY. Would the project:
a.
Issues and Su rtin Information Sources
Violate any water quality standards or waste discharge
re uirements?
Potentially
Significant
1m act
Potentially
Significant Unless
Mitigation
Inco orated
Less Than
Significant
1m act
X
No
1m act
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b. Substantially deplete groundwater supplies or interfere X
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which Dermits have been oranted)?
c. Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d. Substantially alter the existing drainage pattern of the site X
or area, including through the alteration of the course of a
stream Dr river, or substantially increase the rate or
amount of surface runoff in a manner which would result
in floodinq on- Dr off-site?
e. Create or contribute runoff water which would exceed the X
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
oolluted runoff?
f. Otherwise substantially deQrade water oualitv? X
g. Place housing within a 1 OO-year flood hazard area as X
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
h. Place within a 1 OO-year flood hazard area structures X
which would imoede Dr redirect flood flows?
i. Expose people or structures to a significant risk of loss, X
injury Dr death involving flooding, including flooding as a
result of the failure of a levee or dam?
i. Inundation by seiche, tsunami, or mudflow? X
Comments:
8. a.: Less Than Significant Impact: The proposed project would not violate any water quality standards or
waste discharge requirements because the proposed project is required to comply with Best Management
Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution
Elimination Discharge Elimination System standards. An Army Corps of Engineers permit may be required if
the project proposes fill material within "waters of the United States" and adjacent wetlands pursuant to Section
404 of the Clean Water Act of 1972. The applicant is required to consult with the Department of the Army to
determine the appropriate permits required, if any. A less than significant impact is anticipated as a result of
the proposed project.
8. b.: No Impact: The proposed project would not substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering
of the local groundwater table level. The proposed project is required to comply with local development
standards, including lot coverage and landscaping requirements, which will allow percolation and ground water
recharge. The nearest water wells are located at Nicholas Road northwest of the project site and along
Meadows Parkway, southwest of the subject site. No impact is anticipated as a result of the proposed project.
8. c.-e.: Less Than Significant Impact: The proposed project would not substantially alter the existing
drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner
which would result in substantial erosion or siltation on- or off-site, or increase the rate Dr amount of surface
runoff in a manner which would result in flooding on- or off-site. The proposed project would not create or
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15
contribute runoff water which would exceed the capacity of existing Dr planned storm water drainage systems
or provide substantial additional sources of polluted runoff. The proposed project will include an on-site
drainage plan. The City of Temecula Public Works Department reviews all drainage plans and determines
adequate drainage facilities are in place capable of on-site drainage and that off-site drainage facilities can
accommodate additional flow. The project is also required to comply with Best Management Practices (BMP's),
Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination
Discharge System (NPDES) standards, which addresses drainage, siltation and erosion. A less than significant
impact is anticipated as a result of the proposed project.
8. f.: No Impact: The proposed project would not otherwise degrade water quality because the proposed
project is not considered a significant pollutant generator and will not include excessive fertilizer application or
other similar materials that could degrade water quality. No impact is anticipated as a result of the proposed
project.
8. g.-h.: No Impact: The proposed project site is outside both the 100-year and 500-year flood plain per the
Flood Insurance Rate Map (Community Panel 060742 0005B) and General Plan (Figure 7-3). No impact is
anticipated as a result of the proposed project.
8. L: No Impact: The proposed project would not expose people or structures to a significant risk of loss, injury
or death involving flooding, including flooding as a result of the failure of a levee or dam. The proposed project
is not located in a Dam Inundation area for the Lake Skinner Dam or the Vail Lake (General Plan Figure 7-4).
No impact is anticipated as a result of the proposed project.
8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by
seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project.
9. LAND USE AND PLANNING. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDDortino Information Sources Imoact lncor~orated Imoact Imoact
a. Phvsicallv divide an established cDmmunitv? X
b. Conflict with any applicable land use plan, policy, or X
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, Dr zoning ordinance) adopted
for the purpose of ayoiding or mitigating an environmental
effect?
c. Conflict with any applicable habitat conservation plan or X
natural community conservation plan?
Comments:
9. a. and c: No Impact: The proposed project is currently zoned for residential uses, adjacent to existing
residential uses to the north, south and west, and Butterfield Stage Road to the east. As proposed, the project
will not divide an established community. The project site is a part of the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and
became effective March 12, 2004. The ordinance requires all projects submitted after June 22, 2004 to be
analyzed to ascertain if a Habitat Assessment is required. The subject application was received prior to this
date. Although the project is not subject to the Habitat Assessment requirement of the MSHCP, the impact
fees associated with the ordinance apply to all development applications submitted after the effective date, to
which this project is subject. No impact is anticipated as a result of the proposed project.
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9. b.: Less than Significant Impact: The proposed project is consistent with the General Plan Land Use
designations of Low Density Residential (L) and Low Medium Density Residential (VL). These designations
allow residential uses with a density of 0.5 to 2.0 dwelling units per acre in areas designated Low Density
(Planning Area 9A) and 3 to 6 dwelling units per acre in areas designated Low Medium Density (Planning Area
7). The project density is consistent with the density ranges. Planning Area 7 density is proposed at 2.64
dwelling units per acre; Planning Area 9A density is proposed at 1.08 dwelling units per acre.
The project site is within the boundaries of the Margarita Village Specific Plan. The proposed project includes a
Specific Plan Amendment to change the land use designations and residential (zoning) districts for Planning
Areas 7 and 9. The land use change includes a request to change from Low Density Residential (L - 0.4 to 2
du/ac) to Medium Density Residential (M - 2 to 5 du/ac) in Planning Area 7. The residential designation
changes would reduce the minimum lot sizes on the site from a minimum of one acre to 20,000 square feet in
Planning Area 9A and 7,200 square feet in Planning Area 7. As a result of the proposed changes and upon
approval of the Specific Plan Amendment, the proposed 37 residential units will be consistent with the
Margarita Village Specific Plan. The proposed changes would result in smaller lot sizes than anticipated. The
average lot sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet in
Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent residential
development to the west. The proposed changes will also result in a net increase of 18 dwelling units from the
current Specific Plan designations for the subject site, including Planning Areas 7 and 9. However, the
Specific Plan allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units
below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site
is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum
anticipated units for the Plan area. Therefore, no significant impact to land use and planning would result from
the project.
10. MINERAL RESOURCES. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Sunrmrtina Information Sources Imoact IncorOorated Imoaet Imoact
a. Result in the loss of availability of a known mineral X
resource that would be of value to the region and the
residents of the state?
b. Result in the loss of availability of a locally-important X
mineral resource recovery site delineated on a local
aeneral plan, specific plan Dr other land use plan?
Comments:
10. a.-b.: No Impact: The proposed project is not located in an area that is known to include minerals that are
considered of value to the region and/or the state. The proposed project will not result in the loss of a locally-
important mineral resource because the project site is not identified as an important site known to maintain
such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a
result of the proposed project.
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11. NOISE. Would the project result in:
Potentially
Potentially Significant Unless Less Than
Issues and $uDoortina Information Sources Significant Mitigation Significant No
r~n~ct Inco";'orated Imnact lmcact
a. Exposure of persons to or generation of noise levels in X
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
aoencies?
b. Exposure of persons to or generation of excessive X
Qroundborne vibration or Qroundborne noise levels?
c. A substantial permanent increase in ambient noise levels X
in the project vicinity above levels existing without the
oroiect?
d. A substantial temporary or periodic increase in ambient X
noise levels in the project vicinity above levels existing
without the oroiect?
e. For a project located within an airport land use plan or, X
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
f. For a project within the vicinity of a private airstrip, would X
the project expose people residing or working in the
Droiect area to excessive noise levels?
Comments:
11.a,d: Potentially Significant Unless Mitigation Incorporated: The project may potentially expose persons
to Dr generate noise levels in excess of standards established in the General Plan. The City's noise standard
fro residential development is 65 dBA CNEL (exterior usable space) and 45 dBA CNEL (interior habitable
space). If these levels are predicted to be exceeded due to area-wide build-out traffic, mitigation in the form of
perimeter walls for outdoor recreation areas and structural upgrades for habitable rooms may be required. The
one noise source associated with development is noise from construction activities. These activities may result
in temporary vibration or activities resulting in a noise level in excess of the standards within the general plan
and noise ordinance. The City has adopted Ordinance 90-04 which limits the hours of construction activity to
the hours of 6:30 a.m. to 6:30 p.m., Monday - Friday, and 7:00 a.m. to 6:30 p.m. on Saturday, and no
construction on Sunday. A Noise Impact Analysis was prepared by Giroux & Associates for the proposed
project to analyze noise impacts for the project site. Butterfield Stage Road is the only non-residential roadway
adjacent to the project site which requires traffic noise analysis. The reference noise level at 50 feet from the
centerline along Butterfield Stage Road is 73.6 dBA CNEL. Usable outdoor space was measured 10 feet from
the top of the proposed slope to the centerline of the road. The following mitigation measures are required for
the residential lots adjacent to the roadway:
1. Exterior perimeter sound walls shall be constructed in the following locations:
Lots 1, 2, 20, & 12
Lots 3, 4 through 9
Lots 11 & 36
Lot 38
5-foot minimum height
4-foot minimum height
6-foot minimum height
6.5-foot minimum height
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2. An interior noise analysis shall be submitted in conjunction with building plan check to verify
that structural noise reduction as follows will be achieved in livable upstairs space at the
perimeter tier of homes by the specified structural components shown on the building plans:
Butterfield Stage Road
-27 dB (attenuation)
3. Building Plans shall include the following: Supplemental ventilation is required for all perimeter
units abutting Butterfield Stage Road, capable of providing 75 CFM of fresh make-up air. The
make-up air duct should face away from the perimeter roadway.
11. b-c.: Less Than Significant Impact: The project will not expose persons to Dr generate excessive
groundborne vibration or ground borne noise levels that are permanent. Construction activity may generate
groundborne vibration but as discussed above this is considered temporary and construction hours are limited
by City Ordinance. The project will not result in a substantial permanent increase in ambient noise levels in the
project vicinity above levels existing without the project. The proposed project is for single family residential
uses not associated with the creation of project-related traffic noise impacts. The proposed project will
generate approximately 370 vehicle trips per day (37 units x 10 trips/day). These trips will be dispersed over a
number of area roadways. The traffic noise from all 370 trips per day at 50 feet from the centerline of any
single street at 50 mph is 54 dBA CNEL. Such levels are well below the 65 dBA CNEL residential standard.
No significant impact is anticipated as a result of the project.
11.e-f: No Impact: This project is not within two miles of a public airport or public or private use airport.
Therefore, people residing in the project area will not be exposed to excessive noise levels generated by an
airport and no impacts will result from this project.
12. POPULATION AND HOUSING. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDDortina Information Sources Imoact IncorDorated Imo8ct Imoact
a. Induce substantial population growth in an area, either X
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
b. Displace substantial numbers of existing housing, X
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating the X
construction of reolacement housinQ elsewhere?
Comments:
12.a: Less than Significant Impact The proposed project will result in the development of 37 single-family
residences, a net increase of 18 homes from that anticipated with the existing land use designations, which is
not considered a substantial growth in population. In addition, the 37 units will still result in 186 less total units
than approved for the Margarita Village Specific Plan development. As proposed, the project will involve
minimal extension of existing roads (Ahern Place and local residential streets), which is not considered
significant and will not cut-off circulation of existing roads.
12. b.-c.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The
project site is vacant and therefore, will not displace substantial numbers of people Dr existing housing. The
project will neither displace housing nor people, necessitating the construction of replacement housing. No
impacts are anticipated as a result of this project.
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13. PUBLIC SERVICES.
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Surlnortina Information Sources Imoact IncorCorated Imosct Imaaet
a. Would the project result in substantial adverse physical X
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or
other performance objectives for any of the public
services:
Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X
Comments:
13. a.: Less Than Significant Impact: The project will have a less than significant impact upon, or result in a
need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase
the need for some services. However, the project will contribute its fair share through City Development
Impact Fees to be used to provide public facilities. The project will not have an impact upon, and will not result
in a need for new or altered school facilities. The project will not cause significant numbers of people to
relocate within or to the City. The project will have a less than significant impact upon the need for new or
altered public facilities. The Rancho California Water District and the Riverside Department of Environmental
Health have been made aware of this project. A condition of approval has been placed on this project that will
require the proponent to obtain "Will Serve" letters from all of the public utilities agencies. Service is currently
provided for the surrounding residential development, so extending service to this site is possible, which would
result in less than significant impacts as a result of the project.
14. RECREATION.
Potentially
. Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortino Information Sources Imeact IncorOorated Imoact Impact
a. Would the project increase the use of existing X
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b. Does the project include recreational facilities or require X
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment?
Comments:
14. a.-b.: Less then Significant Impact: The proposed project includes the development of 37 single-family
residences, as well as a 1.16 acre passive open space lot. This recreation area will be available to the
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residents and will include play equipment for children, turf area, benches and possibly barbeque facilities. The
project will not displace recreationally zoned lands Dr remove vacant lands that are used for recreational
purposes. The anticipated need to increase the neighborhood or regional parks or other recreational facilities
as a result of this project is not anticipated.
15. TRANSPORTATION/TRAFFIC. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and Suooortino Information Sources Imoact Inco~orated lmnact rmnact
a. Cause an increase in traffic which is substantial in X
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ration on roads, Dr conaestion at intersections)?
b. Exceed, either individually or cumulatively, a level of X
service standard established by the county congestion
manaaement aoencv for desiqnated roads or highways?
c. Result in a change in air traffic patterns, including either X
an increase in traffic levels or a change in location that
results in substantial safetv risks?
d. Substantially increase hazards due to a design feature X
(e.g., sharp curves or dangerous intersections) or
incomoatible uses ie.a., farm eauioment)?
e. Result in inadequate emerqencv access? X
f. Result in inadeouate oarkino caoacitv? X
g. Conflict with adopted policies, plans, or programs X
supporting alternative transportation (e.g., bus tumouts,
bicvcle racks)?
Comments:
15. a.-b: Less Than Significant: The proposed project is consistent with the General Plan allowable density. A
Traffic Count Analysis was prepared by Mahmoud Dibas, PE for the project. The report was reviewed by the
City's Traffic Engineer and based on the following analysis, the report was deemed adequate and no additional
traffic impacts are anticipated as a result of the project. The proposal includes 37 residential units (353.35
ADT). The project area is within the Margarita Village Specific Plan. The Specific Plan allowed a maximum of
3,923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated
development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within
the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area.
The project will be required to contribute to the Traffic Signal and Street Improvement components of the
Development Impact Fees prior to the issuance of any building permits. No significant impacts are anticipated.
15. c.: No Impact: Development of this property will not result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results in substantial safety risks. This site is not within
the French Valley Airport influence area. Therefore, no impacts are anticipated as a result of the project.
15. d.: No Impact: The project will not result in hazards to safety from design features. The project is designed
to current City standards and does not propose any hazards. No impacts are anticipated as a result of this
project.
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15. e.: No Impact: The project will not result in inadequate emergency access Dr inadequate access to nearby
uses. The project is designed to current City standards and has adequate emergency access and will not
interfere with access to nearby uses. No impacts are anticipated as a result of this project.
15. f.: No Impact: The proposed project will meet industrial use parking requirements per Chapter 17.24 of the
City of Temecula Development Code. No impacts are anticipated as a result of this project.
15. g.: No Impact: The project will be required to be designed consistent with adopted policies, plans, or
programs supporting alternative transportation. Therefore, no impacts will result from this project.
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SupportinQ Information Sources Impact Incorporated Impact Impact
a. Exceed wastewater treatment requirements of the X
applicable ReQiDnal Water Quality Control Board?
b. Require Dr result in the construction of new water or X
wastewater treatment facilities Dr expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new storm water X
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
d. Have sufficient water supplies available to serve the X
project from existing entitlements and resources, or are
new or expanded entitlements needed?
e. Result in a determination by the wastewater treatment X
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f. Be served by a landfill with sufficient permitted capacity to X
accommodate the proiect's solid waste disposal needs?
g. Comply with federal, state, and local statutes and X
reaulations related to solid waste?
Comments:
16. a. b. e.: Less Than Significant Impact: The project will not exceed wastewater treatment requirements,
require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project
will have an incremental effect upon existing systems. Since the project is consistent with the anticipated
number of dwelling units for the Margarita Village Specific Plan, less than significant impacts are anticipated as
a result of this project. .
16. c.: Less Than Significant Impact: The project will require on-site storm drains to be constructed. The
project may require various State and Federal Permits. The project will include the construction of underground
storm drains and drainage swales in various locations within the project site. No off-site storm drains or
expansion of existing facilities are required as a result of this project. Riverside County Flood Control and
Water Conservation District has reviewed the proposed plan and has determined that the proposed project
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would not be impacted by District Master Drainage Plan facilities. Less than significant impacts are anticipated
as a result of this project.
16. d.: No Impact: The project will not significantly impact existing water supplies nor require expanded water
entitlements. The project will have an incremental effect upon existing systems. While the project will have an
incremental impact upon existing systems, the Rancho California Water District has provided "water available"
letters to the City indicating water resources are available to serve to proposed project, provided the applicant
signs an Agency Agreement with the Water District. No significant impacts are anticipated as a result of this
project.
16. f. g.: Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any
potential impacts from solid waste created by this development can be mitigated through participation in
Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts
are anticipated as a result of this project.
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
Potentially
Potentially Significant Unless Less Than
Significant Mitigation Significant No
Issues and SUDoortino Information Sources Impact Incorporated Impact Impact
a. Does the project have the potential to degrade the quality X
of the environment, substantially reduce the habitat of a
fish Dr wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare Dr endangered plant Dr animal
or eliminate important examples of the major periods of
California historv or orehistorv?
b. Does the project have impacts that are individually X
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
oroiects, and the effects of orobable future Droiectsl?
c. . Does the project have environmental effects which will X
cause substantial adverse effects on human beings,
either directly or indirectly?
Comments:
17. a.: Potentially Significant Unless Mitigation Incorporated: The project will not degrade the quality of the
environment on site Dr in the vicinity of the project. The developer may be required to obtain various State and
Federal Permits including, Nation Wide Permit 39 from the U.S. Army Corps of Engineers, 401 water quality
control permit from the Regional Water Quality Control Board, and a 1603 Streambed Alteration Agreement
from the California Department of Fish and Game. These have been included as biological mitigation
measures to reduce impacts to less than significant levels.
17. b.: Potentially Significant Unless Mitigation Incorporated: The project should not have impacts that are
individually limited, or cumulatively considerable that cannot be mitigated accordingly. The project will not have
a cumulative effect on the environment since the project site is a residential zone in an urban area, surrounded
by development. The applicant has submitted the necessary studies and documents, which have been
reviewed by staff and it has been determined that any potential impacts can be adequately mitigated. Staff has
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included the appropriate mitigation measures as conditions of approval to ensure any potentially significant
impacts are reduced to less than significant.
17. c.: Potentially Significant Unless Mitigation Incorporated: The project will not have environmental
effects that would cause substantial adverse effects on human beings, directly or indirectly. The residential
project will be designed and developed consistent with the Specific Plan, Development Code, and the General
Plan. Mitigation Measures as well as Conditions of Approval have been applied to ensure all potentially
significant impacts have been reduced to less than significant impacts to humans and the environment directly
and indirectly.
18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a. Earlier anal ses used. Identi earlier anal ses and state where the are available for review.
b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed b miti ation measures based on the earlier anal sis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which the address site-s ecific conditions for the ro'ect.
SOURCES
1. City of Temecula General Plan, adopted November 9, 1993.
2. City of Temecula General Plan Final Environmental Impact Report, adopted July 2, 1993
3. City of Temecula General Plan Public Review Draft, dated December 2004
4. City of Temecula General Plan Update Draft Environmental Impact Report, dated December 2004
5. Margarita Village Specific Plan (Amendment No.5), dated October 10,2000
6. Margarita Village Specific Plan Environmental Impact Report, adopted August 26, 1986
7. Margarita Village Preliminary Geotechnical Investigation, Leighton & Associates, Inc., dated April 12,
1988
8. Vinyards View Estates Jurisdictional Determination Letter, Thomas Leslie Corporation, dated January
5, 2004
9. Vinyards View Estates Archaeological Survey, Brian Smith & Associates, dated October 18, 2004
10. Vinyards View Estates Phase 1 Study, Brian Smith & Associates, dated October 6,2004
11. Vinyards View Estates Noise Impact Analysis, Giroux & Associates, dated December 28, 2004
12. Vinyards View Estates Traffic Generation Comparison Report, Mahmoud Dibas, PE, dated August 2,
2004
13. Air Quality Analysis, Vinyard View Estates, Matthew Fagan Consulting, dated March 28, 2005
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Mitigation Monitoring Program
Vinyards View Estates
Planning Application No. PA04-0390 & 0392
(Specific Plan Amendment & Tentative Tract Map No. 23103-2)
AIR QUALITY
General Impact:
The proposed project could potentially expose sensitive
receptors to substantial pollutant concentration and could
potentially create objectionable odors affecting a
substantial number of people working in the nearby area.
Mitigation Measures:
- The applicant shall incorporate energy efficiency
standards as defined by Title 24 into the project. The
applicant shall comply with the latest Title 24 standards.
- Prior to the issuance of a grading permit and during the
duration of construction activities, the Applicant shall verify
in writing (to the Planning Department) that all earth
moving and large equipment are properly tuned and
maintained to reduce emissions. In addition, alternative
clean-fueled vehicles shall be used where feasible.
Construction equipment should be selected and deployed
considering the lowest emission factors and highest energy
efficiency reasonably possible.
- All diesel-powered vehicles and equipment shall be
maintained in a manner to minimize NOx emissions
through regular tune-ups.
- All diesel-powered vehicles shall be turned off when not
in sue for more than five (5) minutes, and the gasDline-
powered equipment shall be turned off immediately when
not in use.
- Electrical and/or natural gasoline-powered equipment
should be utilized in-lieu of gasoline Dr diesel-powered
engines.
- If construction equipment powered by alternative fuel
sources (LPG/CNG) is available at comparable cost, the
developer shall specify that such equipment be used
during all construction activities on the project site.
- Contractors should use particulate filters on diesel
construction equipment, if such filters are available and are
cost-competitive for use with this project.
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- During construction and all grading phases, the project
site shall be watered down, to prevent fugitive dust and
erosion, in the morning before grading and/or before
constnuction begins and in the evening once construction
and/or grading is complete for the day. The project site
shall be watered down no less than 3 times (not including
the morning and evening water-down) during construction
and/or grading activities to reduce dust.
- During periods of high winds (i.e., wind speed sufficient to
cause fugitive dust to impact adjacent properties, generally
wind speeds exceeding 25 miles per hour, averaged over
an hour), the Applicant shall curtail all clearing, grading,
earth moving and excavation operations as directed by the
City Engineer, to the degree necessary to prevent fugitive
dust created by on-site activities and operations from being
a nuisance or hazard, either off-site or on-site, or as
determined by the City Engineer at his sole discretion.
- The applicant shall comply with regional nules such as
SCAQMD Rules 402 and 403, which would assist in
reducing short-term air pollutant emissions. Rule 403
requires that fugitive dust be controlled with best available
control measures so that the presence of such dust does
not remain visible in the atmosphere beyond the property
line of the emission source. Rule 402 requires dust
suppression techniques be implemented to prevent fugitive
dust from creating a nuisance offsite. These dust
suppression techniques are summarized below:
a. Portions of the construction site to remain inactive
longer than a period of three months shall be
seeded and watered until grass cover is grown or
otherwise stabilized in a manner acceptable to the
City.
b. All on-site roads shall be paved as soon as feasible
Dr watered periodically or chemically stabilized.
c. All trucks exporting and/or importing fill to/from the
project site shall use tarpaulins to fully cover the
load in compliance with State Vehicle Code 23114.
Material transported in trucks off-site (to and/or
from the site) shall comply with State Vehicle Code
23114, with special attention to Sections 23114(b)
(2) (F), (b) (F), (e) (2) and (e) (4) as amended.
Material transported on-site shall be sufficiently
watered or secured to prevent fugitive dust
emissions. Lower portions of the trucks, including
the wheels shall be sprayed with water, which shall
be properly managed so as to prevent runoff, to
reduce/eliminate soil from the trucks before they
leave the construction area.
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d.
The area disturbed by
earthmoving, Dr excavation
minimized at all times.
clearing, grading,
operations shall be
- Prior to the issuance of a grading and building permits,
the applicant shall submit verification that a ridesharing
program for the construction crew has been encouraged
and will be supported by the contractor via incentives or
other inducements.
- During the course of the project grading and construction,
the applicant shall post signs on-site limiting construction
related traffic and all general traffic to 15 miles per hour or
less.
- Graded and/or excavated inactive areas of the
construction site shall be monitored by the Applicant at
least weekly to ensure continued dust stabilization. Soil
stabilization methods such as water and roll compaction
and environmentally safe dust control materials, shall be
periodically applied to portions of the construction site that
are inactive for over three days. If no further grading or
excavation operations are planned for the area, the area
shall be seeded and watered to establish and maintain
grass growth, or periodically treated with environmentally
safe dust suppressants, to prevent excessive fugitive dust.
City staff shall be advised of the election of treatment
made by the Applicant.
- During the course of the project grading and construction,
the Applicant shall sweep adjacent streets and roads so as
to prevent the placement Dr accumulation of dirt in the
roadway. Where vehicles leave the construction site and
enter adjacent public streets the streets shall be swept
daily Dr washed down at the end of the work day to remove
soil tracked onto the paved surface. Any visible soil track-
out extending more than fifty (50) feet from the access
point shall be swept or washed within thirty (30) minutes of
deposition.
- The construction contractor shall schedule the
construction activities so as not to interfere with peak hour
traffic as much as possible, and if necessary, a flag person
shall be retained to maintain safety adjacent to existing
roadways.
- The construction contractor should utilize as much as
possible precDated/natural colored building materials.
Water-based or low VOC coatings should be used that
comply with the most stringent SCAQMD Rule 1113 limits.
Spray equipment with high transfer efficiency, or manual
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coatings application shall be used to reduce VOC
emissions.
Specific Process:
Planning staff will verify compliance with the above
mitigation measure as part of the grading plan check
review process. All mitigation measures will be included as
notes on the grading and/or building plans as applicable.
Applicant shall submit written proof of the satisfaction of
each of the mitigation measures to the Planning
Department, unless otherwise stated.
Mitigation Milestone:
Prior to the issuance of a grading permit; during grading
operation
Responsible Monitoring
Party:
Planning and Public Works Departments
BIOLOGICAL RESOURCES
General Impact:
Substantially effect riparian habitat or other sensitive
natural community identified in local or regional plans,
policies, regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service
Mitigation Measure:
The applicant shall obtain a Department of the Army
Permit from the U.S. Army Corps of Engineers under
Section 404 of the Clean Water Act, a Streambed
Alteration Agreement from the California Department of
Fish and Game, and a Section 401 Water Quality
Certification from the Regional Water Quality Control
Board.
Specific Process:
Proof of permit approval from all agencies shall be
submitted to the Planning Department.
Mitigation Milestone:
Prior to issuance of any grading permit.
Responsible Monitoring Party:
Planning Department
CULTURAL RESOURCES
General Impact:
Directly or indirectly destroying any unique paleontological
resources.
Mitigation Measure:
- Prior to the issuance of a grading permit, the applicant
shall provide written documentation that the following
monitoring will occur (e.g., contract with qualified
professional): Monitoring of mass grading and excavation
activities in areas identified as likely to contain
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paleontological resources by a qualified paleontogist or
paleontological monitor.
- Prior to the issuance of a grading permit, the applicant
shall provide written documentation that the following will
occur (e.g., contract with qualified professional):
Preparation of recovered specimens to a point of
identification and permanent preservation, including
screen-washing of sediments to recover small
invertebrates and vertebrates.
- Prior to the issuance of a grading permit, the applicant
shall provide written documentation that the following will
occur (e.g., contract with qualified professional):
Identification and curation of specimens into a
professional, accredited public museum repository with a
commitment to archival conservation and permanent
retrievable storage (e.g., the San Bernardino County
Museum). The paleontological program should include a
written repository agreement prior to the initiation of
mitigation activities.
- Prior to the issuance of a grading permit, the applicant
shall provide written documentation that the following will
occur (e.g., contract with qualified professional):
Preparation of a final monitoring and mitigation report of
findings and significance, including lists of all fossils
recovered and necessary maps and graphics to accurately
record their original location.
- Prior to the issuance of a grading permit, the applicant
must enter into an agreement with the Pechanga Band of
Luiseno Indians that addresses the treatment and
disposition of all cultural resources, human resources and
human remains discovered on-site.
- The landowner agrees to relinquish ownership of all
cultural resources, including archaeological artifacts found
on the project site, to the Pechanga Band of Luiseno
Indians for proper treatment and disposition.
- The applicant shall provide an on-site archaeological and
paleontological monitoring during all phases of
earthmoving activities.
- If sacred sites are discovered during ground disturbing
activities, they shall be avoided and preserved.
Specific Process:
Written documentation of agreements and contracts to be
submitted to planning department; and mitigation
measures shall be included on grading plan.
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Mitigation Milestone:
Prior to issuance of a grading permit and during grading
activity as appropriate
Responsible Monitoring Party:
Planning and Public Works Departments
NOISE
General Impact:
Increase noise levels above established thresholds.
Mitigation Measure:
- Exterior perimeter sound walls shall be constructed in the
following locations:
Lots 1, 2, 20, & 12
Lots 3, 4 through 9
Lots 11 & 36
Lot 38
5-foot minimum height
4-foot minimum height
6-foot minimum height
6.5-foot minimum height
- An interior noise analysis shall be submitted in
conjunction with building plan check to verify that structural
noise reduction as follows will be achieved in livable
upstairs space at the perimeter tier of homes by the
specified structural components shown on the building
plans:
Butterfield Stage Road
-27 dB (attenuation)
- Building Plans shall include the following: Supplemental
ventilation is required for all perimeter units abutting
Butterfield Stage Road, capable of providing 75 CFM of
fresh make-up air. The make-up air duct should face away
from the perimeter roadway.
Specific Process:
Perimeter wall locations shall be identified on grading plan:
Interior noise analysis and supplemental ventilation shall
be provided with building plans.
Mitigation Milestone:
Prior to issuance of grading and building permits, as
appropriate.
Responsible Monitoring Party:
Planning and Building Departments
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ATTACHMENT NO.2
CITY COUNCIL ORDINANCE NO 05-_
SPECIFIC PLAN AMENDMENT
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ORDINANCE NO. 05-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE
MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE SPECIFIC
PLAN PERMITTED USES WITHIN PLANNING AREA 7 FROM USES
ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING DESIGNATION TO
LM (7,200 SQUARE FOOT LOTS) ZONING DESIGNATION OF THE
CITY'S DEVELOPMENT CODE AND FROM THE L-1 (1-ACRE LOTS)
DESIGNATION TO THE L-2 (20,000 SQUARE FOOT LOTS)
DESIGNATION FOR PLANNING AREA 9A (PA04-0390).
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. Vinyards View Estates, LLC, filed Planning Application Nos. PA04-0390, Specific
Plan Amendment, and PA04-0392, Tentative Tract Map (No. 23103-2) for the property
consisting of approximately 18.32 acres generally located at the northwest corner of Butterfield
Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 950-390-007 and 953-050-
009 ("Project");
B. The applications for the Project were processed and an environmental review
was conducted as required by law, including the California Environmental Quality Act.
C. The Planning Commission of the City of Temecula held a duly noticed public
hearing on June 1, 2005 to consider the applications for the Project and environmental review,
at which time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to this matter;
D. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 05-40, recommending approval of a Mitigated Negative Declaration and
Mitigation Monitoring Plan for the Project and Resolution No. 05-42, recommending the City
Council approval of a Tentative Tract Map;
E. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 05-41, recommending approval of a Specific Plan Amendment;
F. On July 26, 2005, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
G. On July 26, 2005, the City Council of the City of Temecula approved a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted
Resolution No. 05-_; and Tentative Tract Map with Resolution No. 05-_;
H. On July 26, 2005, the City Council of the City of Temecula approved a Specific
Plan Amendment for the Project when it approved Ordinance No. 05-_.
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Section 2. The City Council of the City of Temecula hereby amends portions of
Margarita Village Specific Plan as included in Exhibit "A".
Section 3. Severabilitv. 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 the
provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision
shall not affect the validity of the remaining parts of this Ordinance.
Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
26th day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFT. doc
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the _
day of , 2005, by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFT.doc
3
Margarita
Village
Specific Plan No.3
Amendment No.7
!Ul IE @ [E D \TI lE ~I
\00 APR 2 5 2005 ~
\~y
,
I
I
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i
,
I
\
City of Temecula
April, 2005
-
Margarita
Village
Amendment No. 7
of
Margarita Village Specific Plan No.3
Lead Agency:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92589-9033
951.694.6400
Contact: Debbie Ubnoske, Director of Planning
Prepared by:
Matthew Fagan Consulting Services
42011 Avenida Vista Ladera
Temecula, CA 92591
951.699.2338
Contact: Matthew Fagan
,/
.
City of Temecula
April, 2005
\
Margarita Village
I. Summary of Changes
I. Summary of Changes-Amendment No.7, April 2005
Paragraph A from Amendment 3 will be deleted and replaced with the following
amended Paragraph A. New Items i through Hi (listed below) will be added after
Paragraph A, and the previously existing Items 1 through 3 and a through g will remain
after Items i-iii.
A.. Specific Plan
The Margarita Village Specific Plan (SP No. 199) was originally adopted by the Riverside County Board of
Supervisors on August 26, 1986 by Resolution No. 86-355. Specific Plan Amendment No. I was approved by
the Board of Supervisors on September 6, 1988 via Resolution No. 88-471. Upon incorporation by the City of
Temecula in 1989, Margarita Village was in the jurisdiction of the City. Specific Plan Amendment No.2 was
approved by the Temecula City Council on March 26, 1996_ Specific Plan Amendment No.3 was approved by
the Temecula City Council on October 7, 1997. Specific Plan Amendment No.4 was approved by the
Temecula City Council on January 27, 1998_ Specific Plan Amendment No.5 was approved by the Temecula
City Council on October 10, 2000, and Amendment No. 6 was approved by the Temecula City Council on
January 11, 2005. The following paragraphs describe the changes to Specific Plan No. 199 that have occurred
based on these amendments.
Specific Plan Amendment No.7 is being presented to the City of Temecula and proposes the following changes:
I. Planning Area 7
Planning Area 7 is proposing to be amended from 12 acres and 12 dwelling units to approximately
10.97 acres and 29 dwelling units. Planning Area 7 is proposing a Specific Plan Land Use change
from Low (L) Density Residential (0.4-2 dulacre) classification to Medium (M) Density Residential
(2-5 dulacre). The Specific Plan amendment would also include a zone change of PA 7 from the
L-l (one acre minimum lot size) Residential District to Low Medium (7,200 sq. ft. minimum lot
size) Residential District.
With the proposed Specific Plan Amendment, Planning Area 7 would consists of 29 dwelling units
on approximately 10.97 acres with a minimum lot size of 7,200 net square feet. The homes in
Planning Area 7 shall have a minimum of 2,200 square feet of living area.
11. Planning Area 9A
Planning Area 9A is proposing to be amended to separate this area from the existing Planning Area
9. Planning Area 9A is approximately 7.35 .acres of undeveloped residential land whereas Planning
Area 9 has been developed as a three-acre private recreation community center.
Planning Area (PA) 9A is proposing to develop 8 single family residential units on approximately
7.35 acres. PA 9 would maintain the existing Land Use of Low (L) Density Residential (0.4-2
dulacre) and would change the Specific Plan zoning from L-l Residential District (one acre
minimum lot size) to L-2 Residential District (20,000 sq. ft. minimum lot size). The homes in PA
9A shall have a minimum of 2,500 square feet of living area, shall be one story in height and shall
be strategically placed to allow view corridors for the existing residences to the west.
Specific Plan No.3, Amendment No.7
Page 1-
Margarita Village
I. Summary of Changes
No change of zoning or land use is being proposed for Planning Area 9,
lll. Repagination
Due to the modifications of Planning Areas 7 and 9A and, repagination will occur where necessary
throughout the Specific Plan. Page III-14 shall also be added as none currently exists.
\
Specific Plan No.3, Amendment No.7
Page 1-
Margarita Village
II. Project Development Plan
7. Planning Area 7-Amendment No.7, April 2005
The following language will replace the existing language for P A 7:
a. Descriptive Summary
Planninl! Area 7 will contain hew Medium Density Residential, family oriented
development_ A maximum total of -l- 29 dwelling units is planned at a target density of
H ~ dulacre on-H 10.97 acres (Density Range 2-5 ~ dulac). Refer to Figure II-
18 for a graphic representation of Planning Area 7. Typical building elevations and
architectural guidelines are provided in Section III.C.3., Design Guidelines.
b. Land Use and Development Standards
.
Please refer to the SlIecific Plan Ordinance Amendment and Section 17.060.040 of
the City of Temecula Development Code for standards not addressed in the
SDecific Plan Ordinance Amendment No.7 for P A 7.
c. Planoiol! Standards
I)
.'
. Possible access into Planning Area 7 may be taken from Butterfield Stage Road off
Ahem Place and Chemin Clinet (See Figure II-18).
. A minimum of two parking spaces shall be provided per dwelling unit At least two
of the spaces shall be provided in an enclosed garage, either attached to, or separate
from, the main dwelling unit
. Please refer to Project-Wide Design and Textual Development Standards in Section
II.B.2, for further land use standards that apply site-wide.
. Please refer to Design Guidelines in Section III, for design-related criteria.
Specific Plan No.3, Amendment No.7
Page 11-
Margarita Village
II. Project Development Plan
9A. Plannini! Area 9A-Amendment No.7, April 2005
The following language will be added to the existing language of Planning Area 9 for the
new subsection PA9A:
a. Descriptive Summary
Plannine: Area 9A will contain Low Densitv Residential. familv oriented
development A maximum total of 8 dwelline: units is planned at a tare:et density of
1.08 dulacre on 7.35 acres (Density Rane:e 0.4-2 dulac). Tvpical buildine: elevations
and architecturall!:\lidelines are provided in Section III.C.3.. Desil!:n Guidelines.
In adddition. an approximateIv 1.16 acre park is beine: proposed at the southern
end of PA 9A that mav contain a tot lot and associate plav equipment. benches
and a passive turf area. Refer to Fil!:\lre 11-19 for a conceptual l!:I"llphic
representation oCPlanninl!: Area 9A. Tvpieal buildine: elevations and architectural
l!:\Iidelines are provided in Section m.C.3. Desil!:ll Guidelines.
b. Land Use and Development Standards
Please refer to the Specific Plan Ordinance Amendment and Section 17.060.040 of
the City of Temecula Development Code for standards not addressed in the
Specific Plan Ordinance Amendment No.7 for P A 9.
c. Planninl! Standards
. Primary access into Planning Area 9A will be taken from ButteFfieltl Stage R-ead
Placer Loudeaonne.
. A minimum of two parking spaces shall be provided per dwelling unit. At least two
of the spaces shall be provided in an enclosed garage, either attached to, or separate
from, the main dwelling unit.
. Please refer to Project- Wide Design and Textual Development Standards in Section
II.B.2, for further land use standards that apply site-wide.
. Please refer to Design Guidelines in Section III, for design-related criteria.
Specific Plan No.3, Amendment No.7
Page 11-
Margarita Village
III. DesignGuid~lines
4. Village "B" Architectural Guidelines - Amendment
No.7, April 2005
a. Introduction
Village "B" shall contain two basic architectural motifs and a third custom area adjacent to the
Vineyards on the eastern boundary of the property. Because the two neighborhoods will
comprise the majority of Village "B", these guidelines will predominantly address those areas.
The basic architectural theme for Village "8" will be Spanish, Mediterranean, and French
Manor. Planning Areas 2, 3 8, and 10/11112 will have a combination of Mediterranean and
French elevation styles. Planning Areas 4 and 6 will have a combination of Spanish and
Mediterranean elevations. lhis is a natural combination of styles for the Rancho California
area and will provide a variety of elevations as well as giving each development area a separate
character_ The Mediterranean style will provide the blend between the various planning areas
and the Spanish and French will provide the necessary agent to keep the visual interest within
the projects. All design elements used in Village "B" should work together to achieve a sense
ofneighbDrhaod identify.
b. Building: Mass. Form and Scale
Village "B" shall include a range of dwelling units sizes in proportion to the size of the
project. There shall also be a variety of elevation types per plan throughout the project.
A sense of neighborhood will be accomplished by manipulating the building mass, form
and scale within each planning area:
.:. The homes in Planning Areas 2, 3, 8 and 10/11/21 shall range in size from 1,500 sq.
ft. to approximately 2,600 sq. ft. and a minimum for five (5) floor plans shall be
provided.
.~. The homes in Planning Areas 4 and 6 shall range in size from 1,200 sq. ft. to
approximately 2,100 sq. ft. with a minimum offive (5) floor plans.
.:. The Custom homes in Planning Area 9A shall have a minimum of~I,8119 sq. ft.
of living area. The homes in Plannine: Area 9A shall be one stOry and
stratetrlcallv placed to allow view corridors for the existine: residences to the
~
.:. The homes in Plannine: Area 7 shall have a minimum of 2.200 SQ. ft. of livine:
~
Specific Plan No.3, Amendment No.7
Page 111-
S.P. Zone Ordinance Amendment
Revised with Amendment No.7
April 2005
SPA No.7 shall include amendinl! the Specific Plan Zone Ordinance for Planninl! Areas 7
and 9A. The existinl! Planninl! Area 7 (item I!.) shall be replaced with the lanl!ual!e listed
below in item I!. Planninl! Area 9 (item i) shall be amended to add Planninl! Area 9A to
item i. The revised lanl!ual!e for Planninl! Area 7 and the new lanl!ual!e for 9A is as
follows:
g. Planning Area 7.
(I) The uses permitted in Planning Area 7 of Specific Plan No. -1-99 3 shall be the same as
those uses permitted in the h--l- LM District of Chapter 17.06 of the City of Temecula
Development Code. In addition, the permitted uses identified under Sectioll
17.06.030 shall also include noncommercial community association recreation and
assembly buildings and facilities.
(2) The development standards for Planning Area 7 of Specific Plan No. -1-99 3 shall be
the same as those uses identified in the h--l- LM Residential District in Section
17.060.040 of the City of Temecula Development Code, except for the following:
A. The rear yard shall be not less than ten feet (10').
B. There shall be no maximum-% percental!e of lot coverage requirement.
C. The minimum lot area shall be 7.200 net square feet.
D. The minimum averal!e lot width for a standard lot shall be sixty (60')
feet. Corner lots or lots on a cul-de-sac shall have a minimum width of
fifty feet 150'). provided the minimum I!ross lot area is maintained.
E. The minimum lot depth for a standard lot shall be ninety 190') feet. The
averal!e lot depth for corner lots or lots on a cul-de-sac shall be seventy
(70') feet.
(3) Except as provided above, all other zoning requirements shall be the same as those
requirements identified in Chapter 17.06 of the City of Temecula Development Code.
i. Planninl! Area 9A.
(1) The uses permitted in Planninl! Area 9A of Specific Plan No.3 shall be the same
as those uses permitted in the L-2 District of Chapter 17.06 of the City of
Temecula Development Code. In addition. the permitted uses identified under
Section 17.06.030 shall also include noncommercial communi tv association
recreation and assembly buildinl!s and facilities.
(2) The development standards for PlanniDl! Area 9A of Specific Plan No.3 shall be
the same as those uses identified in the L-2 Residential District in Section
17.060.040 of the Citv of Temecula Development Code. except for the following:
A. The rear vard shall be not less than ten 110') feet.
B. The minimum corner side vard shall be not less than fifteen (15') feet.
C. There shall be no maximum percentage of lot coverage requirement.
D. The minimum lot size shall be 20,000 net square feet.
E. All homes shall be one storv and strategicallv placed to allow view
corridors for the ad iacent residences to the west.
F. An open space area shall be provided at the southwestern end of
Planning Area 9A. The open space will be a continuation of the
existing open space area for Tract 23100-5 and contain an
approximatelv 1.16 acre Dark that is anticipated to be developed as a
tot lot. The park mav contain plav equipment, tables or benches, a
shade structure and passive turf area for children to plav. The park is
a recreational amenitv for existing and future residents. and will also
serve as a buffer area allowiDl! opportunities for view corridors for the
residences to the west of Planning Area 9A.
(3) Except as provided above. all other zoniDl! requirements shall be the same as
those requirements identified in ChaDter 17.06 of the Citv of Temecula
Development Code.
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ATTACHMENT NO.3
CITY COUNCIL RESOLUTION NO 05-_
TENTATIVE TRACT MAP
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RESOLUTION NO. 05-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103-
2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37
RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN
SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT
THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD
AND CHEMIN CLINET, AND KNOWN AS ASSESSOR'S
PARCEL NOS. 953-390-007 AND 953-050-009." (PLANNING
APPLICATION PA04-0392).
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. Vinyards View Estates, LLC, filed Planning Application Nos. PA04-0390 Specific
Plan Amendment, and PA04-0392, Tentative Tract Map, located at the northwest corner of
Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 953-050-009 and
953-390-007 ("Project");
B. The application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law, including the California Environmental
Quality Act;
C. The Planning Commission of the City of Temecula held a duly noticed public
hearing on June 1, 2005 to consider the applications for the Project and environmental review,
at which time the City staff and interested persons had an opportunity to, and did, testify either
in support or opposition to this matter;
D. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2005-40 recommending approval of a Mitigated Negative Declaration and
Mitigation Monitoring Plan for the Project; and Resolution No. 2005-41 recommending the City
Council approval of a Specific Plan Amendment;
E. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2005-42 recommending approval of a Tentative Tract Map;
F. On July 26, 2005, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the
opportunity and did address the City Council on these matters.
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G. On July 26,2005, the City Council of the City of Temecula approved a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted
Resolution No. 05-_; and a Specific Plan Amendment when it adopted Ordinance No. 05-_;
H. On July 26,2005, the City Council of the City of Temecula approved a Tentative
Tract Map for the Project when it approved Resolution No. 05-_.
Section 2.
findings:
The City Council of the City of Temecula hereby makes the following
A. The proposed subdivision and the design and improvements of the subdivision
are consistent with the Development Code, General Plan, the Subdivision Ordinance and the
City of Temecula Municipal Code;
Tentative Tract Map No. 23103-2 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, and the Municipal Code because the project has
been designed in a manner that it is consistent with the General Plan, Subdivision
Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal
Code.
B. The tentative map does not propose to divide land, which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965;
The project site is not currently in agricultural production and in the recent and historic
past (up to 20 years) the site has not been used for agricultural purposes. The site is not
under a Williamson Act contract nor is it zoned for agricultural uses.
C. The site is physically suitable for the type and proposed density of development
proposed by the tentative map.
The project consists of a 40-lot (37 residential units) Tentative Tract Map on property
designated for low and low medium density residential uses, which is consistent with the
General Plan, as well as, the development standards for the Margarita Village Specific
Plan as amended.
D. The design of the subdivision and the proposed improvements, with conditions of
approval, will not be likely to cause significant environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
An initial study and Mitigation Monitoring Program have been prepared for the project,
which mitigates any potentially significant impacts of the proposed project. In addition,
the project has been designed to reduce any significant impacts to the environment,
including noise, aesthetics, air quality, biological, and cultural resources.
E. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems.
The project has been reviewed and commented on by the Fire Prevention Division and
the Building & Safety Division. As a result, the project will be conditIOned to address
their concerns. Further, provisions are made in the General Plan and the Development
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Code to ensure that the public health, safety and welfare are safeguarded. The project
is consistent with these documents.
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible.
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible. Prior to the construction of single-
family residences the applicant will be required to submit building plans to the Building
Department that comply with the Uniform Building Code, which contains requirements
for energy conservation.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within the
proposed subdivision.
All required rights-of-way and easements have been provided on the Tentative Map.
The Public Works Department and Community Services District have reviewed the
proposed division of land and adequate conditions and/or modifications have been made
to the Tentative Tract Map.
H.
(Quimby).
The subdivision is consistent with the City's parkiand dedication requirements
The applicant has been conditioned for payment of Quimby in-lieu fees prior to building
permits, which will address the City's parkland dedication requirements.
Section 4. The City Council of the City of Temecula hereby approves Tentative Tract
Map No. 23103-2, Application No. PA04-0392, subdividing 18.32 acres into 40 parcels, for the
property generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet,
known as assessors parcel no(s). 953-050-009 and 953-390-007 subject to the specific
conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as
though set forth in full.
Section 5.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26th day of July, 2005.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 05-_ was duly and regular~ adopted y the City Council of the City of
Temecula at a regular meeting held on the 'Z6 day of J\ ,2005, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
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Susan W. Jones, CMC
City Clerk
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EXHISIT A
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No.: PA04-0392
Project Description:
Tentative Tract Map (No. 23103-2) is a request to
subdivide 18.3 acres within the Margarita Village Specific
Plan area into 40 parcels, including 37 residential lots
and 3 open space lots (Planning Area 7 - 29 residential
lots and Planning Area 9 - 8 residential lots). The project
site is located along the west side of Butterfield Stage
Road, north of Rancho California Road.
Assessor's Parcel No.:
953-390-007 and 953-050-009
MSHCP Category:
DIF Category:
Residential (greater than 14.1 DU)
Residential - Detached
TUMF Category:
Residential - Single Family
Approval Date:
July 26, 2005
July 26, 2008
Expiration Date:
WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT
Planning Division
1. The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of One Thousand Three
Hundred Fourteen Dollars ($1 ,314.00) which includes the One Thousand Two Hundred and
Fifty Dollar ($1 ,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the
Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of
Determination for the Mitigated Dr Negative Declaration required under Public Resources
Code Section 211 08(a) and California Code of Regulations Section 15075. If within said
forty-eight (48) hour period the applicant/developer has not delivered to the Planning
Department the check as required above, the approval for the project granted shall be void
by reason of failure of condition [Fish and Game Code Section 711.4(c)].
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GENERAL REQUIREMENTS
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GENERAL REQUIREMENTS
Planning Division
2. The tentative subdivision shall comply with the State of California Subdivision Map Act and
to all the requirements of Ordinance No. 460, unless modified by the conditions listed below.
A time extension may be approved in accordance with the State Map Act and City
Ordinance, upon written request, if made 30 days prior to the expiration date.
3. The applicant and owner of the real property subject to this condition shall hereby agree to
indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own
selection from any and all claims, actions, awards, judgments, or proceedings against the
City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly,
from any action in furtherance of and the approval of the City, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning the Planning Application. The City shall be
deemed for purposes of this condition, to include any agency or instrumentality thereof, or
any of its elected or appointed officials, officers, employees, consultants, contractors, legal
counsel, and agents. City shall promptly notify both the applicant and landowner of any
claim, action, or proceeding to which this condition is applicable and shall further cooperate
fully in the defense of the action. The City reserves the right to take any and all action the
City deems to be in the best interest of the City and its citizens in regards to such defense.
4. This project and all subsequent projects within this site shall be consistent with Specific Plan
No.3, Margarita Village Specific Plan.
5. The applicant shall comply with all mitigation measures contained in the approved Mitigation
Monitoring Program.
Public Works Department
The Department of Public Works recommends the following Conditions of Approval for this project.
Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any
Government Agency.
6. It is understood that the Developer correctly shows on the tentative map all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and
their omission may require the project to be resubmitted for further review and revision.
7. A Grading Permit for either rough or precise grading shall be obtained from the Department
of Public Works prior to commencement of any construction outside of the City-maintained
road right-of-way.
8. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
9. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for
consistency with adjacent projects and existing improvements contiguous to the site and
shall be submitted on standard 24" x 36" City of Temecula mylars.
10. The vehicular movement at the intersection of Butterfield Stage Road and Ahern Place shall
be restricted to right in/right out.
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Community Services Department
11. Applicant shall comply with the Public Art Ordinance.
12. All slope/landscape plans, for lot 38, submitted for consideration shall be in conformance
with the City of Temecula Landscape and Irrigation Specifications and Installation
Details and Park Land and Landscape Dedication Process.
13. All perimeter slope and parkway landscaping, designated as Temecula Community Services
Department (TCSD) maintenance areas shall be identified and offered for dedication to the
TCSD as a maintenance easement on the final map. Underlying ownership of the
respective area shall remain with the Homeowner's Association. All other landscaped areas,
open space, entry monumentation, tot lot, walls including the parkway within the right-of-way
along lots 36, 37 and 39 shall be maintained by the Homeowners Association (HOA) or
private maintenance association.
14. The developer shall contact TCSD's Maintenance Supervisor for a pre-design meeting to
obtain design specifications for Lot 38.
15. Construction of the proposed TCSD landscape maintenance areas shall commence
pursuant to a pre-construction meeting with the developer and TCSD Maintenance
Superintendent. Failure to comply with the TCSD review and inspection process may
preclude acceptance of these areas into the TCSD maintenance programs.
16. The developer, the developer's successors or assignees, shall be responsible for all
landscaping maintenance until such time as maintenance duties are accepted by the TCSD.
17. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
18. The developer shall not permit any additional easements on Lot 38 without approval by
TCSD.
Fire Department
The following are the Fire Department Conditions of Approval for this project. All questions
regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau.
19. Any previous existing conditions for this project or any underlying map will remain in full force
and effect unless superceded by more stringent requirements here.
20. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-
de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial.
(CFC 902.2.2.3, CFC 902.2.2.4)
21. All traffic calming devices that could impede or slow emergency vehicle access are
prohibited, except those expressly approved by the fire prevention bureau individually on a
case by case basis when they maintain the required travel widths and radii.
22. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed
travel width around the planters, not including parking. Hardscape areas are permissible
provided that they meet the 80,000 lb. load requirements and are at road level.
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23. Private entry driveways with divider medians must be a minimum of 16 feet wide on each
side unless the median is held back 30 feet from face of curb of perpendicular road.
24. If construction is phased, each phase shall provide approved access and fire protection prior
to any building construction. (CFC 8704.2 and 902.2.2) This will include all internal roads,
connecting roads between phases, and construction gates. All required access must be in
and available priorto and during ALL construction. Phasing is approved on a separate map.
and is ultimately subject to final approval in the field.
25. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches. (CFC 902.2.2.1)
26. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by firefighting personnel. (CFC 902.4)
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PRIOR TO RECORDATION OF FINAL MAP
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PRIOR TO RECORDATION OF FINAL MAP
Planning Department
27. The following shall be submitted to and approved by the Planning Division:
a. A copy of the Final Map.
b. A copy of the Environmental Constraint Sheet (ECS) with the following notes:
I. This property is located within thirty (30) miles of Mount Palomar
Observatory. All proposed outdoor lighting systems shall comply with the
California Institute of Technology, Palomar Observatory recommendations,
Ordinance No. 655.
ii. A Mitigation Monitoring Program was prepared for this project and is on file at
the City of Temecula Planning Department.
c. A copy of the recorded Covenants, Conditions, and Restrictions (CC&R's):
i. CC&R's shall be reviewed and approved by the Planning Director. The
CC&R's shall include liability insurance and methods of maintaining open
space, recreation areas, private roads, and all landscaped and open areas
including parkways.
ii. The CC&R's shall be prepared at the developer's sole cost and expense.
iii. The CC&R's shall be in the form and content approved by the Planning
Director, City Engineer and the City Attorney and shall include such
provisions as are required by this approval and as said officials deem
necessary to protect the interests of the City and it's residents.
IV. The CC&R's and Articles of Incorporation of the Property Owner's
Association are subject to the approval of the Planning and Public Works
Departments and the City Attorney. They shall be recorded concurrent with
the final map. A recorded copy shall be provided to the City.
v. The CC&R's shall provide for the effective establishment, operation,
management, use, repair and maintenance of all common areas, drainage
and facilities.
vi. The CC&R's shall provide that the property shall be developed, operated and
maintained so as not to create a public nuisance.
vii. The CC&R's shall provide that the association may not be terminated without
prior City approval.
viii. The CC&R's shall provide that if the property is not maintained in the
condition required by the CC&R's, then the City, after making due demand
and giving reasonable notice, may enter the property and perform, at the
owner's sole expense, any maintenance required thereon by the CC&R's or
the City Ordinances. The property shall be subject to a lien in favor of the
City to secure any such expense not promptly reimbursed.
ix. Every owner of a suite or lot shall own as an appurtenance to such suite or
lot, either (1) an undivided interest in the common areas and facilities, or (2)
a share in the corporation, or voting membership in an association owning
the common areas and facilities.
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x. All open areas and landscaping shall be permanently maintained by the
association or other means acceptable to the City. Such proof of this
maintenance shall be submitted to the Planning and Public Works
Department prior to the issuance of building permits.
xi. Reciprocal access easements and maintenance agreements ensuring
access to all parcels and joint maintenance of all roads, drives or parking
areas shall be provided by the CC&R's or by deeds and shall be recorded
concurrent with the map or prior to the issuance of building permit where no
map is involved.
28. No lot or suite in the development shall be sold unless a corporation, association, property
owner's group or similar entity has been formed with the right to assess all properties
individually owned or jointly owned which have any rights or interest in the use of the
common areas and common facilities in the development, such assessment power to be
sufficient to meet the expenses of such entity, and with authority to control, and the duty to
maintain, all of said mutually available features of the development. Such entity shall
operate under recorded CC&R's, which shall include compulsory membership of all owners
of lots andlor suites and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions
required as Conditions of Approval. The developer shall submit evidence of compliance with
this requirement to, and receive approval of, the City prior to making any such sale. This
condition shall not apply to land dedicated to the City for public purposes.
Public Works Department
Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the
following or have plans submitted and approved, subdivision improvement agreements executed
and securities posted:
29. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Rancho California Water District
c. Eastern Municipal Water District
d. Riverside County Flood Control and Water Conservation District
e. City of Temecula Fire Prevention Bureau
f. Planning Department
g. Department of Public Works
h. Riverside County Health Department
i. Cable TV Franchise
j. Community Services District
k. General Telephone
I. Southern California Edison Company
m. Southern California Gas Company
n. Metropolitan Water District
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30. The Developer shall design and guarantee construction of the following public improvements
to City of Temecula General Plan standards unless otherwise noted. Plans shall be
reviewed and approved by the Department of Public Works:
a. Improve Butterfield Stage Road (Arterial Highway Standards - 110' RIW) to include
installation of half-width street improvements, paving, curb and gutter, sidewalk,
street lights, drainage facilities, signing and striping, utilities (including but not limited
to water and sewer), raised landscaped median.
b. Improve Ahern Place (Collector Road Standards - 66' RIW) to include dedication of
full-width street right-of-way, installation of full-width street improvements, paving,
curb and gutter, sidewalk, street lights, drainage facilities, signing and striping,
utilities (including but not limited to water and sewer).
c. Improve Chemin Clinet (Local Road Standards - 60' RIW) to include installation of
paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and
striping, utilities (including but not limited to water and sewer).
d. Improve Placer Loudeaonne (Local Road Standards - 60' RIW) to include
dedication of full-width street right-of-way, installation of full-width street
improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities,
signing and striping, utilities (including but not limited to water and sewer).
e. Improve Court "A", Court "B" and cul-de-sac north of Ahern Place - (Local Road
Standards - 60' R/W) to include dedication of full width street right-of-way, installation
of full width street improvements, paving, curb and gutter, sidewalk, street lights,
drainage facilities, signing and striping, utilities (including but not limited to water and
sewer).
f. All street improvement design shall provide adequate right-of.way and pavement
transitions per Caltrans standards for transition to existing street sections.
31. Unless otherwise approved the following minimum criteria shall be observed in the design of
the street improvement plans:
a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum
over A.C. paving.
b. Driveways shall conform to the applicable City Standard Nos. 207 and 207 A
c. Street lights shall be installed along the public streets shall be designed in
accordance with City Standard No. 800, 801, 802 and 803.
d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400
and 401.
e. Design of street improvements shall extend a minimum of 300 feet beyond the
project boundaries to ensure adequate continuity of design with adjoining properties.
f. Minimum centerline radii shall be in accordance with City Standard No. 113.
g. All reverse curves shall include a 100-foot minimum tangent section.
h. All street and driveway centerline intersections shall be at 90 degrees.
i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600.
j. All units shall be provided with zero clearance garage doors and garage door
openers if the driveway is less than 18 feet in depth from back of sidewalk.
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k. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
I. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall
be provided underground. Easements shall be provided as required where
adequate right-of-way does not exist for installation of the facilities. All utilities shall
be designed and constructed in accordance with City Codes and the utility provider.
m. All utilities, except electrical lines rated 34kv or greater, shall be installed
underground.
n. All driveways providing access to two or more buildings shall be designed as a cul-
de-sac or a loop road.
32. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and
reviewed by the Department of Public Works for any street closure and detour or olher
disruption to traffic circulation as required by the Department of Public Works.
33. Relinquish and waive right of access to and from Butterfield Stage Road on the Final Map
with the exception of two (2) openings as delineated on the approved Tentative Tract Map.
34. Relinquish and waive right of access to and from Ahern Place on the Final Map as
delineated on the approved Tentative Tract Map.
35. Relinquish and waive right of access to and from Chemin Clinet on the Final Map as
delineated on the approved Tentative Tract Map.
36. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities
shall be provided at all street intersections in accordance with Riverside County Standard
No. 805.
37. All easements and/or right-of-way dedications shall be offered for dedication to the public or
other appropriate agency and shall continue in force until the City accepts or abandons such
offers. All dedications shall be free from all encumbrances as approved by the Department
of Public Works.
38. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an
existing Assessment District must comply with the requirements of said section. Prior to City
Council approval of the Final Map, the Developer shall make an application for
reapportionment of any assessments with appropriate regulatory agency.
39. Any delinquent property taxes shall be paid.
40. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final
Map to delineate identified environmental concerns and shall be recorded with the map.
41. The Developer shall comply with all constraints which may be shown upon an Environmental
Constraint Sheet recorded with any underlying maps related to the subject property.
42. The Developer shall make a good faith effort to acquire the required off-site property
interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the
Final Map for recordation, enter into an agreement to complete the improvements pursuant
to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall
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provide for payment by the Developer of all costs incurred by the City to acquire the off-site
property interests required in connection with the subdivision. Security of a portion of these
costs shall be in the form of a cash deposit in the amount given in an appraisal report
obtained by the Developer, at the Developer's cost. The appraiser shall have been
approved by the City prior to commencement of the appraisal.
43. A copy of the grading and improvement plans, along with supporting hydrologic and
hydraulic calculations shall be submitted to the Riverside County Flood Control and Water
Conservation District for approval prior to recordation of the Parcel Map\Final Map or the
issuance of any permit. A permit from Riverside County Flood Control and Water
Conservation District is required for work within their right-of-way.
44. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit
shall be installed to cable TV Standards at time of street improvements.
45. Private drainage easements for cross-lot drainage shall be required and shall be delineated
and noted on the final map.
46. Easements, when required for roadway slopes, landscape easements, drainage facilities,
utilities, etc., shall be shown on the final map if they are located within the land division
boundary. All offers of dedication and conveyances shall be submitted for review and
recorded as directed by the Department of Public Works. On-site drainage facilities located
outside of road right-of-way shall be contained within drainage easements and shown on the
final map. A note shall be added to the final map stating "drainage easements shall be kept
free of buildings and obstructions. "
Community Services Department
47. TCSD shall review and approve the CC&R's.
48. All TCSD slopellandscaping maintenance easements shall be offered for dedication on the
final map.
49. All areas intended for dedication to the TCSD for maintenance shall be identified on the final
map by numbered lots with the square footage of said lot numbers indexed as proposed
TCSD maintenance areas.
50. Landscape construction drawings for all proposed TCSD slope/landscape maintenance
areas shall be reviewed and approved by the Director of Community Services.
51. The developer shall post security and enter into an agreement to improve lot 38 and the
landscaping within the raised median on Butterfield Stage Road.
52. The developer shall file a notice of intention with the Temecula Community Services District
to initiate election proceedings for acceptance of residential street lights and perimeter
slopellandscape into the respective TCSD maintenance programs. All costs associated with
this process shall be borne by the developer.
53. The developer shall satisfy the City's park land dedication requirement through the payment
of in-lieu fees equal to .53 acres of park land, based upon the City's then current appraised
park land valuation.
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Fire Department
54. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a
georectified (pursuant to Riverside County standards) digital version of the map including
parcel and street centerline information. The electronic file will be provided in a ESRI
Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone
VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and
format prior to satisfaction of this condition.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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PRIOR TO ISSUANCE OF GRADING PERMITS
Planning Division
55. A copy of the Rough Grading plans shall be submitted and approved by the Planning
Division.
56. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by
providing documented evidence that the fees have already been paid.
57. The applicant shall obtain a Department of the Army Permit from the U.S. Army Corps of
Engineers under Section 404 of the Clean Water Act, a Streambed Alteration Agreement
from the California Department of Fish and Game, and a Section 401 Water Quality
Certification from the Regional Water Quality Control Board. Proof of permit approval from
all agencies shall be submitted to the Planning Department. (Mitigation Measure)
58. The applicant shall provide written documentation (to the Planning Department) that the
following monitoring will occur (e.g., contract with qualified professional): Monitoring of mass
grading and excavation activities in areas identified as likely to contain paleontological
resources by a qualified paleontogist or paleontological monitor. (Mitigation Measure)
59. The applicant shall provide written documentation (to the Planning Department) that the
following will occur (e.g., contract with qualified professional): Preparation of recovered
specimens to a point of identification and permanent preservation, including screen-washing
of sediments to recover small invertebrates and vertebrates. (Mitigation Measure)
60. The applicant shall provide written documentation (to the Planning Department) that the
following will occur (e.g., contract with qualified professional): Identification and curation of
specimens into a professional, accredited public museum repository with a commitment to
archival conservation and permanent retrievable storage (e.g., the San Bernardino County
Museum). The paleontological program should include a written repository agreement prior
to the initiation of mitigation activities. (Mitigation Measure)
61. The applicant shall provide written documentation (to the Planning Department) that the
following will occur (e.g., contract with qualified professional): Preparation of a final
monitoring and mitigation report of findings and significance, including lists of all fossils
recovered and necessary maps and graphics to accurately record their original location.
(Mitigation Measure)
62. The applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that
addresses the treatment and disposition of all cultural resources, human resources and
human remains discovered on-site. A copy of this agreement shall be submitted to the
Planning Department. (Mitigation Measure)
63. The construction contractor shall schedule the construction activities so as not to interfere
with peak hour traffic as much as possible, and if necessary, a flag person shall be retained
to maintain safety adjacent to existing roadways. (Mitigation Measure)
64. The Applicant shall verify in writing (to the Planning Department) that all earth moving and
large equipment are properly tuned and maintained to reduce emissions. In addition,
alternative clean-fueled vehicles shall be used where feasible. Construction equipment
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should be selected and deployed considering the lowest emission factors and highest
energy efficiency reasonably possible. (Mitigation Measure)
65. Prior to the issuance of a grading and building permits, the applicant shall submit verification
that a ridesharing program for the construction crew has been encouraged and will be
supported by the contractor via incentives or other inducements. (Mitigation Measure)
66. The following shall be included in the Notes Section of the Grading Plan: "The landowner
agrees to relinquish ownership of all cultural resources, including archaeological artifacts
found on the project site, to the Pechanga Band of Luiseiio Indians for proper treatment and
disposition." Written documentation of agreement/contract shall be submitted to the Planning
Department. (Mitigation Measure)
67. The following shall be included in the Notes Section of the Grading Plan: "The applicant
shall provide an on-site archaeological and paleontological monitoring during all phases of
earthmoving activities." Written documentation of agreement/contract shall be submitted to
the Planning Department. (Mitigation Measure)
68. The following shall be included in the Notes Section of the Grading Plan: "If sacred sites are
discovered during ground disturbing activities, they shall be avoided and preserved." Written
documentation of agreement/contract shall be submitted to the Planning Department.
(Mitigation Measure)
69. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavationlconstructiDn of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation Dr other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan Dr other corrective measures have been approved by the
Director of Planning." (Mitigation Measure)
70. The following shall be included in the Notes Section of the Grading Plan: "AII diesel-powered
vehicles and equipment shall be maintained in a manner to minimize NOx emissions through
regular tune-ups." (Mitigation Measure)
71. The following shall be included in the Notes Section of the Grading Plan: "AII diesel-powered
vehicles shall be turned off when not in sue for more than five (5) minutes, and the gasoline-
powered equipment shall be turned off immediately when not in use." (Mitigation Measure)
72. The following shall be included in the Notes Section of the Grading Plan: "Electrical andlor
natural gasoline-powered equipment should be utilized in-lieu of gasoline or diesel-powered
engines." (Mitigation Measure)
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73. The following shall be included in the Notes Section of the Grading Plan: If construction
equipment powered by alternative fuel sources (LPG/CNG) is available at comparable cost,
the developer shall specify that such equipment be used during all construction activities on
the project site. (Mitigation Measure)
74. The following shall be included in the Notes Section of the Grading Plan: Contractors
should use particulate filters on diesel construction equipment, if such filters are available
and are cost-competitive for use with this project. (Mitigation Measure)
75. The following shall be included in the Notes Section of the Grading Plan: During construction
and all grading phases, the project site shali be watered down, to prevent fugitive dust and
erosion, in the morning before grading and/or before construction begins and in the evening
once construction and/or grading is complete for the day. The project site shall be watered
down no less than 3 times (not including the morning and evening water-down) during
construction and/or grading activities to reduce dust. (Mitigation Measure)
76. The following shall be included in the Notes Section of the Grading Plan: During periods of
high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties,
generally wind speeds exceeding 25 miles per hour, averaged over an hour), the Applicant
shall curtail all clearing, grading, earth moving and excavation operations as directed by the
City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities
and operations from being a nuisance or hazard, either off-site or on-site, or as determined
by the City Engineer at his sole discretion. (Mitigation Measure)
77. The following shall be included in the Notes Section of the Grading Plan: The applicant shall
comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in
reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be
controlled with best available control measures so that the presence of such dust does not
remain visible in the atmosphere beyond the property line of the emission source. Rule 402
requires dust suppression techniques be implemented to prevent fugitive dust from creating
a nuisance offsite. These dust suppression techniques are summarized below:
a. Portions of the construction site to remain inactive longer than a period of three
months shall be seeded and watered until grass cover is grown or otherwise
stabilized in a manner acceptable to the City.
b. All on-site roads shall be paved as soon as feasible or watered periodically or
chemically stabilized.
c. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to
fully cover the load in compliance with State Vehicle Code 23114. Material
transported in trucks off-site (to and/or from the site) shall comply with State Vehicle
Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and
(e) (4) as amended. Material transported on-site shall be sufficiently watered or
secured to prevent fugitive dust emissions. Lower portions of the trucks, including
the wheels shall be sprayed with water, which shall be properly managed so as to
prevent runoff, to reduce/eliminate soil from the trucks before they leave the
construction area.
d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall
be minimized at all times. (Mitigation Measure)
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78. The following shall be included in the Notes Section of the Grading Plan: During the course
of the project grading and construction, the applicant shall post signs on-site limiting
construction related traffic and all general traffic to 15 miles per hour or less. (Mitigation
Measure)
79. The following shall be included in the Notes Section of the Grading Plan: Graded and/or
excavated inactive areas of the construction site shall be monitored by the Applicant at least
weekly to ensure continued dust stabilization. Soil stabilization methods such as water and
roll compaction and environmentally safe dust control materials, shall be periodically applied
to portions of the construction site that are inactive for over three days. If no further grading
or excavation operations are planned for the area, the area shall be seeded and watered to
establish and maintain grass growth, or periodically treated with environmentally safe dust
suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election
of treatment made by the Applicant. (Mitigation Measure)
80. The following shall be included in the Notes Section of the Grading Plan: During the course
of the project grading and construction, the Applicant shall sweep adjacent streets and roads
so as to prevent the placement or accumulation of dirt in the roadway. Where vehicles leave
the construction site and enter adjacent public streets the streets shall be swept daily or
washed down at the end of the work day to remove soil tracked onto the paved surface. Any
visible soil track-out extending more than fifty (50) feet from the access point shall be swept
or washed within thirty (30) minutes of deposition. (Mitigation Measure)
81. The following shall be included on the Grading Plan: Exterior perimeter sound walls shall be
constructed in the following locations:
a.
Lots 1, 2, 20, & 12
Lots 3, 4 through 9
Lots 11 & 36
Lot 38
5-foot minimum height
4-foot minimum height
6-foot minimum height
6.5-foot minimum height (Mitigation Measure)
b.
c.
d.
Public Works Department
82. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. San Diego Regional Water Quality Control Board
b. Riverside County Flood Control and Water Conservation District
c. Planning Department
d. Department of Public Works
83. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of
Temecula standards and approved by the Department of Public Works prior to
commencement of any grading. The plan shall incorporate adequate erosion control
measures to protect the site and adjoining properties from damage due to erosion.
84. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the
Department of Public Works with the initial grading plan check. The report shall address all
soils conditions of the site, and provide recommendations for the construction of engineered
structures and preliminary pavement sections.
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85. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist
and submitted to the Department of public Works with the initial grading plan check. The
report shall address special study zones and identify any geotechnical hazards for the site
including location of faults and potential for liquefaction. The report shall include
recommendations to mitigate the impact of ground shaking and liquefaction.
86. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the
Department of Public Works with the initial grading plan check. The study shall identify
storm water runoff quantities expected from the development of this site and upstream of the
site. It shall identify all existing or proposed off-site or on-site, public or private, drainage
facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall
capable of receiving the storm water runoff without damage to public or private property.
The study shall include a capacity analysis verifying the adequacy of all facilities. Any
upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall
be provided as part of development of this project. The basis for analysis and design shall
be a storm with a recurrence interval of one hundred years.
87. NPDES - The project proponent shall implement construction-phase and post-construction
pollution prevention measures consistent with the State Water Resources Control Board
(SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures
shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion
& Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control,
and the SWRCB General Permit for Construction Activities. Post-construction measures
shall be required of all Priority Development Projects as listed in the City's NPDES permit.
Priority Development Projects will include a combination of structural and non-structural
onsite source and treatment control BMPs to prevent contaminants from commingling with
stormwater and treat all unfiltered runoff year-round prior to entering a storm drain.
Construction-phase and post-construction BMPs shall be designed and included into plans
for submittal to, and subject to the approval of, the City Engineer prior to issuance of a
Grading Permit. The project proponent shall also provide proof of a mechanism to ensure
ongoing long-term maintenance of all structural post-construction BMPs.
88. The Developer shall post security and enter into an agreement guaranteeing the grading and
erosion control improvements in conformance with applicable City Standards and subject to
approval by the Department of Public Works.
89. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the
Riverside County Flood Control and Water Conservation District by either cashier's check or
money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If
the full Area Drainage Plan fee or mitigation charge has already been credited to this
property, no new charge needs to be paid.
90. The Developer shall obtain letters of approval or easements for any off-site work performed
on adjoining properties. The letters or easements shall be in a format as directed by the
Department of Public Works.
91. All lot drainage shall be directed to the driveway by side yard drainage swales independent
of any other lot.
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PRIOR TO ISSUANCE OF BUILDING PERMITS
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PRIOR TO ISSUANCE OF BUILDING PERMITS
Planning Division
92. Approval of a Residential Home Product Review application will be required.
93. An interior noise analysis shall be submitted in conjunction with building plan check to verify
that structural noise reduction as follows will be achieved in livable upstairs space at the
perimeter tier of homes by the specified structural components shown on the building plans:
a. Butterfield Stage Road -27 dB (attenuation) (Mitigation Measure)
94. Building Plans shall include the following: Supplemental ventilation is required for all
perimeter units abutting Butterfield Stage Road, capable of providing 75 CFM of fresh make-
up air. The make-up air duct should face away from the perimeter roadway. (Mitigation
Measure)
95. The following shall be added as a note on the building plans: "The construction contractor
should utilize as much as possible precoated/natural colored building materials. Water-
based or low VOC coatings should be used that comply with the most stringent SCAQMD
Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings
application shall be used to reduce VOC emissions." (Mitigation Measure)
96. The following shall be submitted to and approved by the Planning Division:
a. Three (3) copies of Construction Landscaping and Irrigation Plans. The location,
number, genus, species, and container size of the plants shall be shown. The plans
shall be consistent with the Water Efficient Landscaping Ordinance. The cover page
shall identify the total square footage of the landscaped area for the site. The plans
shall be accompanied by the following items:
i. Appropriate filing fee (per the City of Temecula Fee Schedule at time of
submittal).
ii. One (1) copy of the approved grading plan.
iii. An agronomic soil report.
iv. Water usage calculations per Chapter 17.32 of the Development Code
(Water Efficient Ordinance).
v. Total cost estimate of plantin9s and irrigation (in accordance with the
approved plan).
vi. Automatic irrigation for all landscaped areas and complete screening of all
ground mounted equipment from the view of the public from streets and
adjacent property for:
a. Front yards and slopes within individual lots prior to issuance of
building permits for any lot(s).
b. Private common areas prior to issuance of first certificate of
occupancy permit.
c. HOA slope and landscape areas prior to issuance of certificate of
occupancy for any lot immediately adjacent to said landscape area.
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d. All landscaping excluding Temecula Community Services District
(TCSD) maintained areas and front yard landscaping which shall
include, but may not be limited to private slopes and common areas.
e. Shrub planting to completely screen perimeter walls adjacent to a
public right-of-way equal to sixty-six (66) feet or larger.
vii. Hardscaping for the following:
a. Pedestrian trails within private common areas
b. Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the
height, location and the following materials for all walls and fences: .
i. Decorative block for the perimeter of the project adjacent to a Public Right-
of-Way equal to sixty-six (66) feet or larger and the side yards for corner lots.
ii. Wrought iron Dr decorative block and wrought iron combination to take
advantage of views for side and rear yards.
iii. Wood fencing or upgraded material shall be used for all side and rear yard
fencing when not restricted by a and b above.
c. Precise Grading Plans consistent with the approved rough grading plans including all
structural setback measurements.
97. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however
solar equipment or any other energy saving devices shall be permitted with Director of
Planning approval.
Public Works Department
98. Final Map 23103-2 shall be approved and recorded.
99. A Precise Grading Plan shall be submitted to the Department of Public Works for review and
approval. The building pad shall be certified by a registered Civil Engineer for location and
elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction
and site conditions.
100. Grading of the subject property shall be in accordance with the California Building Code, the
approved grading plan, the conditions of the grading permit, City Grading Standards and
accepted grading construction practices. The final grading plan shall be in substantial
conformance with the approved rough grading plan.
101. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all
Resolutions implementing Chapter 15.06.
102. The Developer shall pay to the City the Western Riverside County Transportation Uniform
Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of
the Temecula Municipal Code and all Resolutions implementing Chapter 15.08.
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Community Services Department
103. Prior to the issuance of building permits or the installation of the streetlights, whichever
comes first, the developer shall file an application, submit an approved Edison streetlight
plan and pay the appropriate fees to the TCSD for the dedication of residential and arterial
street lights into the TCSD maintenance program.
104. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction debris.
Fire Department
105. Prior to issuance of building permits, plans for structural protection from vegetation fires shall
be submitted to the Fire Prevention Bureau for review and approval. The measures shall
include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block
walls), and fuel modification zones. (CFC Appendix II-A)
106. Final fire and life safety conditions will be addressed when building plans are reviewed by
the Fire Prevention Bureau. These conditions will be based on occupancy, use, the
California Building Code (CBC), California Fire Code (CFC), and related codes which are in
force at the time of building plan submittal.
107. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division
per CFC Appendix III.A, Table A-III-A-1. The developer shall provide forthis project, a water
system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour
duration. The required fire flow may be adjusted during the approval process to reflect
changes in design, construction type, or automatic fire protection measures as approved by
the Fire Prevention Bureau. The Fire Flow as given above has taken into account all
information as provided. (CFC 903.2, Appendix III-A)
108. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant. The
required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade
of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B)
109. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land
division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide forthis project,
a water system capable of delivering 4000 GPM at20-PSI residual operating pressure with a
4 hour duration. The required fire flow may be adjusted during the approval process to
reflect changes in design, construction type, or automatic fire protection measures as
approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into
account all information as provided. (CFC 903.2, Appendix III.A)
110. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix III-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be
located on Fire Department access roads and adjacent public streets. Hydrants shall be
spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet
from any point on the street or Fire Department access road(s) frontage to a hydrant. The
required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade
of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B)
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111. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2)
112. Prior to building construction, dead end road ways and streets in excess of one hundred and
fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus. (CFC 902.2.2.4)
113. Prior to building construction, this development and any street within serving more than 35
homes or any commercial developments shall have two (2) points of access, via all-weather
surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1)
114. Prior to issuance of building permits, the developer shall furnish one copy of the water
system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be:
signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature
block; and conform to hydrant type, location, spacing and minimum fire flow standards. After
the plans are signed by the local water company, the originals shall be presented to the Fire
Prevention Bureau for signatures. The required water system including fire hydrants shall be
installed and accepted by the appropriate water agency prior to any combustible building
materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire
Protection Association 24 1-4.1)
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS
PERMIT
Planning Department
115. If deemed necessary by the Director of Planning, the applicant shall provide additional
landscaping to effectively screen various components of the project.
116. All required landscape planting and irrigation shall be installed consistent with the approved
construction plans and shall be in a condition acceptable to the Director of Planning. The
plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be
properly constructed and in good working order.
117. Front yard and slope landscaping within individual lots shall be completed for inspection.
118. Private common areas prior to issuance of first certificate of occupancy permit.
119. HOA slope and landscape areas prior to issuance of certificate of occupancy for any lot
immediately adjacent to said landscape area.
120. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings within private common areas for a period of one
year, in accordance with the approved construction landscape and irrigation plan, shall be
filed with the Planning Department for one year from final certificate of occupancy. After that
year, if the landscaping and irrigation system have been maintained in a condition
satisfactory to the Director of Planning, the bond shall be released.
121. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
122. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
123. All necessary certifications and clearances from engineers, utility companies and public
agencies shall be submitted as required by the Department of Public Works.
124. All improvements shall be constructed and completed per the approved plans and City
standards to the satisfaction of the Director of Public Works.
125. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to
the construction operations of this project shall be repaired or removed and replaced to the
satisfaction of the Director of Public Works.
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Community Services Department
126. The developer's shall provide written disclosure of the existence of the TCSD and its service
level rates and charges to all prospective purchasers.
127. The developer or his assignee shall submit, in a format as directed byTCSD staff, the most
current list of Assessor's Parcel Numbers assigned to the final project.
Fire Department
128. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations. (CFC 901.4.3)
129. Prior to building final, all locations where structures are to be built shall have approved Fire
Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. (
CFC sec 902)
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OTHER AGENCIES
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OTHER AGENCIES
130. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated June 10, 2004, a copy of which is
attached.
131. The applicant shall comply with the recommendations set forth in the Rancho California
Water District's transmittals dated April 29, 2004 and June 14,2004, a copy of which is
attached.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these conditions of approval and that any changes I may wish to make to the project shall be
subject to Planning Department approval.
Date
Applicant's Signature
Applicant's Printed Name
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, .
o CO'Gli/TY OF RIVERSIDE . HEALT"3ERVICES AGENCY 0
DEPARTMENT OF ENVIRONMENTAL HEALTH
June 10, 2004
City of Temecula Planning Department
P.O. Box 9033
Temecula, CA 92589-9033
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AITN: Cheryl Kitzerow
RE: TENTATIVE TRACT MAP NO. 23103-2 (30LOTS)
Dear Mr. Long:
1. The Department of Enviromnental Health has reviewed Tentative Tract Map 23103-2
and recommends:
a A water system shall be installed in accordance with plans and specifications as
'approved by the water company and the Enviromnental Health Department.
, Permanent prints of the plans of the water system shall be submitted in triplicate;
with a minimum scale not less than one inch equals 200 feet, along with the
original drawing to the County Surveyor's Office. The prints shall show the
internal pipe diameter, location of valves and fire hydrants; pipe and joint
specifications, and the size of the main at the junction of the new system to the
existing system. The plans shall comply in all respects with Div. 5, Part 1,
Chapter 7 of the California Health and Safety Code, California Administrative
Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities
Commission of the State of California, when applicable. The plans shall be
signed by a registered engineer and water company with the following
certification: "I certify that the design of the water system in Tentative Tract Map
23103-2 is in accordance with the water system expansion plans of the Rancho
California Water District and that the water services, storage, and distribution
system will be adequate to provide water service to such 'Tentative Tract Map".
This certification does not constitute a guarantee that it will supply water to such
Tentative Tract Map at any specific quantities, flows or pressures for fire
protection or any other purpose. A responsible official of the water company shall
sign this certification. The Dlans must be submitted to the Countv Survevor's
Office to review at least two weeks PRIOR to the reauest for the recordation of
the final maD.
2. This Department has no written statement from Rancho California Water District
agreeing to serve domestic water to each and every lot in the subdivision on demand
providing satisfactory financial arrangements are completed with the sub divider. It will
be necessary for financial arrangements to be made PRIOR to the recordation of the final
map.
\,
Local Enforcement Agency. P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501
Land Use and Water Engineering' P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Floor, Riverside, CA 9250]
Page Two
Attn: Cheryl Kitzerow
June 10, 2004
3. This subdivision is within the Eastern Municipal Water District and shall be connected to
the sewers of the District. The sewer system shall be installed in accordance with plans
and specifications as approved by the District, the County Surveyor's Office and the
Health Department. Permanent prints of the plans of the sewer system shall be submitted
in triplicate, along with the original drawing, to the County Surveyor's Office. The prints
shall show the internal pipe diameter, location of manholes, complete profiles, pipe and
joint specifications and the size of the sewers at the junction of the new system to the
existing system. A single plat indicating location of sewer lines and waterlines shall be a
portion of the sewage plans and profiles. The plans shall be singed by a registered
engineer and the sewer district with the following certification: "I certify that the design
of the sewer system in Tentative Tract Map 23103-2 is in accordance with the sewer
system expansion plans of the Eastern Municipal Water District and that the waste
disposal system is adequate at this time to treat the anticipated wastes from the proposed
Tentative Tract Map". The plans must be submitted to the County Surveyor's Office to
review at least two weeks PRIOR to the request for the recordation of the final map.
2. This Department has no written statement from Eastern Municipal Water District
agreeing to serve sewer service to each and every lot in the subdivision. It will be
necessary for financial arrangements to be made PRIOR to the recordation .of the final
map.
Sincerely,
~.~
~z, Supervising Environmental Health Specialist
(909) 955-8980
@
IaDcho
'*
Board of DiredoI'8
John E. Hoagland
President
Caaba F. Ko
Sr. Vice President
Stepheu J. CoI"Oq
. Ralph H. Daily
Ben it. Drake
Lba D. Henaan
John V. Rossi
Oftleers:
Brian J. Brady
Geneml.Manager
PhlWp L Forbe8
DirectorofFinance-Trea.surer
&P. "Bob" Lemons
Direttor of Engineering
Kenneth C. Dealy
Director of Operations
6: Maintenance
Petty R. Louck
Conk'oller
Linda M.__
Diatrict Secretary/Administrative
Servite8 Manager
C. Michael Cowett
~ Best" Krieger u.p
General Counsel
1
April 29, 2004
~ [! M~~; ': ~O~~
\
-'
....~.........
Case Planner
City of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
By
SUBJECT: WATER AVAILABILITY
VINEYARD VIEW ESTATES
(FORMER TRACT NO. 23103)
AP.N 953-050-009
To Whom It May Concern:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore,.would be available upon completion of financial arrangements
between RCWD and the property owner, and the construction of 011- and off-site
facilities as requiTed. .
If fIre protection is required, the customer will need to contact RCWD for fees
and requirements. Water availability would be contingent upon the property
owner signing an Agency Agreement that assigns water management rights, if
any, to RCWD.
If you should have any questiol\S, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
7YLI/Jh ....
I :J:;-; ~eye~ete ,
Development Engineering Manager
04\MM:at02.IIFCF
c: Marwan A. Y ounis, MAY Group, Inc.
Ibmeho California Water District
"42135 Winchester Road .. Post OfTlCe Box 9017 . Temeeula, California 92589-9017 .. (909) 296-6900.. FAX (909) 296-6860
I'@
BaDcha
Water
Board of Directors
John Eo Hoacland
President
Cuba F. Ko
Sr. Vice President
Stephen J. Corona
Ralph a Daily
Ben JL,Onke
Lisa D. Herman
John V. Rossi
OfficeJ'8:
Brian J. Brady
General Manager
PhllUp L Forb,es
Director oIFinanc:e-Trea8Ul'&
E.P. "Bob" Lemons
>irector of Engineering
Peny R.. Louck
. Contnlller
Linda M. Fregoso
District SecretarytA.dmi.nistrative
s.rn... .........
. C.:Michael CoweU
Be.t Best a: Krieger ILP
General Counsel
, :, . ~
June 14,2004
rifJ [f (Ci f? /7 ni' r, "
I;{ 0._- L.S J I.!) I.E., 'nl
Ilffl JUN LS ii//!
lJu 1 5 2004 Iff
By
~
Cheryl Kitzerow
CitY of Temecula
Planning Department
43200 Business Park Drive
Post Office Box 9033
Temecula, CA 92589-9033
SUBJECT: WATER AVAILABILITY
VINEYARD VIEW ESTATES
TRACT NO. 23103-2, A PORTION OF :PARCEL NO.1 OF
PARCEL MAP NO. 147/99; APN 953-050-007 AND APN
953-050-009, PLANNING AP:PLICATION NO. PA04-0392
Dear Ms. Kitzerow:
Please be advised that the above-referenced property is located within the
boundaries of Rancho California Water District (RCWD). Water service,
therefore; would be available upon completion of financial arrangements
between RCWD'and the property owner, and the construction of on- and off-site
fadlities as required.
If fire protection is required, the customer will need to contact RCWD for fees
and requirements.
Water availability would be contingent upon the property owner signing an
Agency Agreement that assigns water management rights, if any, to RCWD.
If you should have any questions, please contact an Engineering Services
Representative at this office.
Sincerely,
RANCHO CALIFORNIA WATER DISTRICT
.''/, '
'M...."
Mi' ael . Meyeipeter,
DevelopmentEngiileering Manager
O41MM:at073\FCF
Rancho California Water District
42135 Winchester Road .. Post Office &%9017 . Temecula, California 92589-9017 .. (909) 296-6900 .. FAX (909) 296-6860
ATTACHMENT NO.4
PLANNING COMMISSION STAFF REPORT (June 1, 2005)
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7
STAFF REPORT - PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
Date of Meeting:
June 1, 2005
Prepared by:
Cheryl Kitzerow
Title: Associate Planner
File Number PA04-0390 & PA04-0392
Application Specific Plan Amendment and
Type: Tentative Tract Map
Project Description: The proposed project includes a Specific Plan Amendment (text and
map-PA04-0390), and Tentative Tract Map No. 23103-2 (PA04-0392).
The Specific Plan Amendment is a request to amend Planning Areas 7
and 9 of the Margarita Village Specific Plan. The proposed Specific
Plan changes include a request to change the allowable density in
Planning Area 7 from L-1 (1.0 dwelling unit/acre) to LM (4.5 dwelling
units/acre) as referenced in the Development Code, reducing the
minimum lot size from one acre to 7,200 square feet. The proposed
Specific Plan Amendment also includes splitting Planning Area 9 into
two Planning Areas (9 and 9A). The result will be that the existing
Recreation Center will occupy approximately 3.0 acres in Planning
Area 9, and will change the allowable density in the new Planning Area
9A from L-1 (1.0 dwelling unit/acre) to L-2 (2.0 dwelling units/acre) as
referenced in the Development Code, and reducing the minimum lot
size from one acre to 20,000 square feet.
Recommendation:
The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3
acres into 40 parcels, including 37 residential lots and 3 open space
lots (Planning Area 7 - 29 residential lots and Planning Area 9A - 8
residential lots).
o Approve with Conditions
o Deny
o Continue for Redesign
o Continue to:
~ Recommend City Council Approval with Conditions
o Recommend Denial
CEQA:
o Categorically Exempt
o Negative Declaration
[gJ Mitigated Negative Declaration with Monitoring Plan
DEIR
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t
PROJECT DATA SUMMARY
Applicant:
Vinyards View Estates LLC
Completion Date:
March 28, 2005
Mandatory Action Deadline Date:
June 1, 2005
General Plan Designation:
Planning Area 7 (northern portion of subject site): Low
Medium Density Residential - LM, 3-6 du/ac
Planning Area 9A (southern portion of subject site): Low
Density Residential - L, 0.5-2 du/ac
Zoning Designation:
SP-3, Margarita Village Specific Plan
Site/Surrounding Land Use:
Site: Vacant
North:
South:
East:
Existing single family residences
Existing Recreation Center for the Chardonnay Hills development
Butterfield Stage Road and vineyards located in the County east of
Butterfield Stage Road
Existing single family residences
West:
Lot Area:
18.3 acres gross, 14.4 net
BACKGROUND SUMMARY
12<;] 1. Staff has worked with the applicant to ensure that all concerns have been addressed,
and the applicant concurs with the recommended Conditions of Approval.
ANALYSIS
The proposed project consists of a Specific Plan Amendment and Tentative Tract Map.
Specific Plan Amendment
The proposed Specific Plan Amendment includes text, map and exhibit changes for 18.32 acres
that is currently undeveloped within the boundaries of the Margarita Village Specific Plan. The
proposed project will change the land use designations and permitted densities for Planning
Areas 7 and 9. Planning Area 7 is 10.97 acres located at the north half of the project site.
Planning Area 9 is 10 acres located at the south half of the site and will be split into two Planning
Areas, 9 and 9A. The resulting Planning Area 9 will be the existing Recreation Center on
approximately 3.0 acres. No changes are proposed to the resulting Planning Area 9 except for
the land use exhibits which will redefine the boundary. Planning Area 9A will be the remainder
of the original Planning Area 9, less the Recreation Center.
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2
The proposed changes to the Specific Plan Zoning Ordinance include a request to change the
allowable density in Planning Area 7 from L-1 (1.0 dwelling uniVacre) to LM (4.5 dwelling
units/acre) as referenced in the Specific Plan to the Development Code, which would allow the
minimum lot size to be reduced from one acre to 7,200 square feet. The proposed change also
includes changing the allowable density in Planning Area 9A from L-1 (1.0 dwelling uniVacre) to
L-2 (2.0 dwelling units/acre) as referenced in the Specific Plan to the Development Code, which
would reduce the minimum lot size from one acre to 20,000 SF. The proposed Specific Plan
Amendment will also require that the text and exhibits are revised to incorporate the proposed
land use changes from Low Density Residential (L - 0.4 to 2.0 du/ac) to Medium Density
Residential (M - 2.0 to 5.0 du/ac) in Planning Area 7 (no change is proposed for Planning Area
9A).
The proposed changes would result in smaller lot sizes than currently permitted. The average lot
sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet
in Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent
residential development in Tract 23209 (LM) to the west, and Tract 23100 (LM) to the south
west. These two existing tracts contain lots with a density of 3 to 6 dwelling units to the acre,
and range in size from approximately 8,000 square feet to 25,000 square feet. The proposed
changes will result in a net increase of 18 dwelling units from the current Specific Plan
designations for the subject site, including Planning Areas 7 and 9. However, the Specific Plan
allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units
below the allowable and anticipated development maximum analyzed in the Specific Plan EIR.
The project site is the last developable area within the Specific Plan and if constructed, will still
result in less than the maximum anticipated units for the Plan area. Furthermore, the proposed
changes and increase in allowable units is consistent with the City's General Plan.
Tentative Tract Map
The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels,
including 37 residential lots and 3 open space lots (Planning Area 7 - 29 residential lots and
Planning Area 9A - 8 residential lots). Lots range in size from 7,272 square feet to 24,803
square feet, with an average lot size of 10,547 square feet in Planning Area 7 and 22,190 square
feet in Planning Area 9A. The proposed project density is 2.64 du/acre in Planning Area 7 and
1.08 du/acre in Planning Area 9A which is consistent with the City's General Plan as well as the
Specific Plan requirements.
Per the requirements of the Subdivision Ordinance (Section 16.03.060.A), two points of access
are proposed since there are more than 35 homes. Access is proposed via public streets off of
Chemin Clinet at the south of the project site, and the extension of Ahern Place at the north of
the project site. Internal access is proposed via Placer Loudeaonne which will traverse the site
from north to south parallel to Butterfield Stage Road, terminating as a cul-de-sac at the northern
portion of the site. All proposed access conforms to the City's standards.
The Tentative Map has been designed with Lots 1 through 6 approximately 9 feet lower than
adjacent residences to the west; Lots 7 through 15 approximately 5 feet lower; Lots 16 through
27 approximately 15 feet higher; and Lots 29 through 37 at a similar elevation to adjacent
homes. To reduce potential impacts to adjacent residences to the west, the project design
includes the continuation of an adjacent open space lot (Tract 23100-5), single-loaded street
design for Lots 1 through 6, and Specific Plan text requiring Lots in Planning Area 9A (Lots 1-6)
to be single-story homes. In addition, the Margarita Specific Plan includes design guidelines for
the development of the site to ensure compatibility in architecture with the adjacent homes to the
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,
west. The project area is within Village "B" of the Specific Plan. This area requires custom
homes on lots within Planning Area 9A, which will be a minimum of 2,500 square feet and single
story. Planning Area 7 homes will be designed to be a minimum of 2,200 square feet and either
Spanish, Mediterranean or French architectural styles. These requirements will ensure the
development is aesthetically pleasing.
As proposed, the project site will sit at a higher elevation than the adjacent Butterfield Stage
Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This slope area
will be landscaped per the City's requirements and will be maintained by the Temecula
Community Services District. A 1.16 acre tot loVopen space area is proposed in Planning Area
9A, adjacent to existing residences to the west. This area will be maintained by the project's
Homeowner's Association.
The proposed Tentative Tract Map is consistent with the Margarita Village Specific Plan,
Subdivision Ordinance, and General Plan.
ENVIRONMENTAL DETERMINATION
12<;] 1. An initial study has been prepared and indicates that the project will have potential
significant environmental impacts to Air Quality, Cultural Resources, Biological
Resources, and Noise impacts unless mitigation measures are required and
implemented. A Mitigation Monitoring Program was prepared to ensure compliance with
required mitigation. Based on the required mitigation, staff recommends adoption of a
Mitigated Negative Declaration for the project. A summary of the Mitigation Plan is
below.
IMPACT
MITIGATION
Compliance with Title 24 energy efficiency
standards for buildings; energy efficient
construction equipment; water down site during
grading operations; minimize areas of grading;
compliance with SCAQMD Rules 1113, 402 and
403.
Obtain USACOE 404 Permit; Obtain CDF&G
Streambed Alteration Agreement; Obtain RWQCB
Section 401 Certification.
Require on-site monitoring of grading/excavation;
Enter into agreement with Pechanga Band of
Luiseno Indians; Avoid/preserve sacred sites if
found on-site.
Construction of perimeter noise walls; Require
interior noise analysis.
Air Quality
Biological Resources
Cultural Resources
Noise
CONCLUSION/RECOMMENDATION
Planning Staff recommends that the Planning Commission recommend that the City Council
approve Planning Application Nos. PA04-0390 and PA04-0392 based upon the findings and the
attached Conditions of Approval.
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4
FINDINGS
Specific Plan Amendment
1. The Specific Plan amendment is consistent with the general plan.
The proposed amendments to the zoning, land use, planning standards and development
standards are consistent with the General Plan for the City of Temecula. The site is
physically suitable for the type of residential uses proposed, and the proposed specific
plan amendment would further the City's long-term economic development goals.
Tentative Tract Map (Code Section 16.09.1400)
1. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, General Plan, the Subdivision Ordinance and the
City of Temecula Municipal Code;
Tentative Tract Map No. 23103-2 is consistent with the General Plan, the Subdivision
Ordinance, the Development Code, and the Municipal Code because the project has
been designed in a manner that it is consistent with the General Plan, Subdivision
Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal Code.
2. The tentative map does not propose to divide land, which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965;
The project site is not currently in agricultural production and in the recent and historic
past (up to 20 years) the site has not been used for agricultural purposes. The site is not
under a Williamson Act contract nor is it zoned for agricultural uses.
3. The site is physically suitable for the type and proposed density of development
proposed by the tentative map.
The project consists of a 40-lot (37 residential units) Tentative Tract Map on property
designated for low and low medium density residential uses, which is consistent with the
General Plan, as well as, the development standards for the Margarita Village Specific
Plan as amended.
4. The design of the subdivision and the proposed improvements, with conditions of
approval, will not be likely to cause significant environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
An Negative Declaration and Mitigation Monitoring Program have been prepared for the
project, which mitigates any potentially significant impacts of the proposed project. In
addition, the project has been designed to reduce any significant impacts to the
environment, including noise, aesthetics, air quality, biological, and cultural resources.
5. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
The project has been reviewed and commented on by the Fire Prevention Division and
the Building & Safety Division. As a result, the project will be conditioned to address their
concerns. Further, provisions are made in the General Plan and the Development Code
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5
to ensure that the public health, safety and welfare are safeguarded. The project is
consistent with these documents.
6. The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible. Prior to the construction of single-
family residences the applicant will be required to submit building plans to the Building
Department that comply with the Uniform Building Code, which contains requirements for
energy conservation.
7. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property within
the proposed subdivision.
All required rights-of-way and easements have been provided on the Tentative Map. The
Public Works Department and Community Services District have reviewed the proposed
division of land and adequate conditions and/or modifications have been made to the
Tentative Tract Map.
8. The subdivision is consistent with the City's parkland dedication requirements (Quimby).
The applicant has been conditioned for payment of Quimby in-lieu fees prior to building
permits, which will address the City's parkland dedication requirements.
ATTACHMENTS
1. Plan Reductions - Blue Page 7
2. PC Resolution No. 2005-_ (Mitigated Negative Declaration) - Blue Page 8
Exhibit A - Proposed City Council Resolution 05-_
3. PC Resolution No. 2005-_ (Specific Plan Amendment) - Blue Page 9
Exhibit A - Proposed City Council Ordinance No. 05-_
4. PC Resolution No. 2005-_ (Tentative Tract Map) - Blue Page 10
Exhibit A - Proposed City Council Resolution 05-_
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6
ATTACHMENT NO.1
PLAN REDUCTIONS
R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template. doc
7
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ATTACHMENT NO.5
EXCERPT FROM DRAFT PLANNING COMMISSION MINUTES (June 1, 2005)
A:\T M\2Q04\04-0392 Vinyards View Eslales\CC docs\CC Agenda Report 07.26.05.doc
8
For the Planning Commission Director of Planning Ubnoske relayed that staff would be willing to
work with the applicant with regard to the additioR of windows and lighting to the rear elevation
of the buildings.
Concurring with fellow Commissioner's, Chairman Mathewson relayed his full support of the
proposed project and noting the following:
. That a running cap of barrel tiles along the stone-faced parapets to present a finished
edge and to integrate the parapets will be incorporated
. That umbrellas for outdoor public seating areas for Buildings C and between Buildings A
and B will be added but that this would not be intended for outdoor dining
. That the applicant will be working with staff to address the possibility of adding windows
and lighting to rear elevations
. That a sign program be brought back to the Planning Commission for final review
. That Condition of Approval No. 18 (site plan shall be revised to angle Building A at the
corner of Overland Drive and Margarita Road and to shift Building B) be deleted.
MOTION: Commissioner Guerriero moved to approve staff's recommendation with the
exception of the revision to angle Building A. Commissioner Telesio seconded the motion and
voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent.
,
'-
PC RESOLUTION NO. 2005-037
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA04-0563, A DEVELOPMENT PLAN TO CONSTRUCT
AND OPERATE A 37,173 SQUARE FOOT MIXED-USE
RETAIL/OFFICE/RESTAURANT CENTER ON 5.6 ACRES
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
OVERLAND DRIVE AND MARGARITA ROAD, KNOWN AS
ASSESSORS PARCEL NO. 921-810-026
At this time, the Planning Commission took a five minute break.
6 Planninq Application No. PA04-0390 and PA04-0392. a Marqarita Villaqe Specific Plan
Amendment and Vinvard View Estates Tentative Tract Map No. 23103-2. submitted bv
Vinvard View Estates LLC. Marwan Younis. includinq a Specific Plan Amendment to
Planninq Areas 7 and 9 of the Marqarita Villaqe Specific Plan and Tentative Tract Map No.
23103-2 and includes 18.32 acres that is currentlv undeveloped. The Specific Plan
Amendment is a request to amend the zoninq desiqnation from one-acre minimum to 7.200
square foot minimum in Planninq Area 7, and from one acre to 20.000 square foot minimum
in Planninq Area 9. The proposed Specific Plan amendment also includes a request to
chanqe the land use desiqnation in the Marqarita Villaqe Specific Plan from Low Densitv to
Medium Densitv in Planninq Area 7. No Specific Plan land use chanqe is proposed for
Planninq Area 9. The Tentative Tract Map No. 23103-2 is a request to subdivide 18.3 acres
into 40 parcels. includinq 37 residential lots and 3 open space lots located on the northwest
corner of Butterfield Staqe Road and Chemin Clinet
R:IMinutesPCI060105
8
,
Senior Planner Papp presented a staff report (of record).
. That staff determined that the proposed project would not be exempt from CEQA and a
Mitigated Negative Declaration was prepared and put out for public review
. That prior to tonight's meeting of June 1, 2005, staff distributed a letter received on May
27, 2005, from South Coast Air Quality Management District, who expressed concern
with emissions from the construction activity of the project
. That staff contacted the applicant's representative, Mr. Matthew Fagan, whom has been
working with South Coast Air Quality Management District and provided them with
information from an Urbemis study that was prepared for the project; and that South
Coast Air Quality Management District has since accepted that information and no
longer have concerns with the Mitigated Negative Declaration; that staff has confirmed
the information with Mr. Gordon Meiss, from the South Coast Air Quality Management
District who verbally consented to agree to accept the Mitigated Negative Declaration as
is and that staff will be following up with a written correspondence on Thursday, June 2,
2005.
For Chairman Mathewson, Senior Planner Papp relayed that the average lot size adjacent to
Chardonnay Hills would be approximately 8,000 square feet 25,000.
At this time, the public hearing was opened.
Via overheads, Mr. Matthew Fagan, representative for Marwan Younis and Vinyards View
( Estates, LLC, noted the following:
. That the applicant has worked with staff and surrounding residents of the proposed
project to ensure that all concerns have been met
. That the applicant will be incorporating half-acre lots and will restrict the units to single-
story which is allowable in the current Specific Plan
. That the intent of the applicant would be to preserve view corridors for the surrounding
residences
. That larger lots (Planning Area 9a) will be committed to single-story units.
Thanking staff for all their efforts, Mr. Marwan Younis owner of proposed project, spoke in favor
of the proposed project, noting that two meetings were held with surrounding residences to
ensure that their concerns were addressed.
The following two individuals spoke in favor of the proposed project, noting that the steps that
that Mr. Younis has taken to address concerns are appreciated.
. Mr. Brad Ballreich
. Mr. Ron Hammerton
The following three individuals spoke in opposition of the proposed project advising that some
residents have paid high premiums for a home with a view and that by approving the proposed
R:IMinutesPCI060105
9
project, those homes would depreciate in value; that the residents would prefer to keep to the
original proposed 14, one-acre lots; and that 391 residents of Chardonnay Hills have signed a
petition opposing the proposed project.
. Mr. Dan Morgan
. Ms. Susan Allen
. Mr. Edd Hodapp
Mr. Fagan relayed that it would not be the intent of the applicant to bring in more fill dirt but will
be moving dirt that is currently onsite.
At this time, the public hearing was closed.
COMMISSION DISCUSSION
Chairman Mathewson noted that that in terms of what is currently being proposed, it would be
his opinion that the proposal for half-acre lots on the south side in Planning Area 9 with a
commitment to have single-story restrictions would provide for a satisfactory buffer. Chairman
Mathewson also noted that he would be of the opinion that the proposed project will blend in
with the surrounding area and would be in full support of the project.
Commissioner Telesio also spoke in favor of the proposed project noting that the proposed
project would in consistent with the Margarita Village Specific Plan Subdivision Ordinance.
(
Commissioner Olhasso noted her opposition to the proposed project and would be 01 the
opinion that the project should remain at 14, one-acre lots.
Understanding the concerns of the residents in opposition of the proposed project,
Commissioner Guerriero relayed that the proposed project would be below the allowable
anticipated development and that he would be in full support.
MOTION: Commissioner Guerriero moved to approve the proposed project. Commissioner
Telesio seconded the motion and voice vote reflected approval with the exception of
Commissioner Olhasso who voted No and Commissioner Chiniaeff who was absent.
COMMISSIONER'S REPORTS
A. Guerriero noted his appreciation for the quality of staff's reports.
B. Commissioner Olhasso commented on the mannequins and furniture on the 1-15.
C. Commissioner Telesio expressed concern with a large amount of trucks parked on Randall
Road.
D. Chairman Mathewson thanked staff for their efforts in removing the signs at Rebel Nail
Salon. . Chairman Mathewson also thanked the redevelopment staff for all their efforts with Oid
Town.
R:IMinutesPCI060105
10
DEPARTMENTAL
REPORTS
APPROVAL
CllY ATTORNEY
DIRECTOR OF FINANCE
CllY MANAGER~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Council/City Manager
Anthony J. Elmo, Director of Building & safe~
FROM:
DATE:
July 26, 2005
SUBJECT:
Departmental Report
June 2005
PREPARED BY: Carol Brockmeier, Administrative Assistant
The month of May 2005 showed a gain of construction activity as compared to previous
months. The following is an overview of permit and inspection activity for June.
Sinale Familv Development - Tracts
In June, the City has issued 106 new single family home permits in June for a total of 708
single family homes currently under construction. These homes are primarily in Harveston
which currently has with 212 homes under construction and Wolf Creek with 381 homes.
Custom Sinale Familv Homes
As of June, we have 32 custom homes under construction for a total of 138,947 sq ft.
Multi-Familv Development
Cape May Apartments in Harveston is constructing 19 buildings equaling 264 units.
Temecula Ridge is in the building process with 22 buildings totaling 76 units; while
Temecula Creek has completed most oftheir condo construction and have only 1 building
with 20 units left to final.
Commercial Development
June Plan Check activity include submittals for Bank of America, Kadu Restaurant,
Henry's, Legacy Group, In & Out, Coco Loco Juice, Penfold Building and the Boys & Girls
Club to name a few.
Total Permit and Inspection Activitv
During the month of June 397 permits were issued representing a construction valuation
of $49,151,349. The total fees collected in the month of June were $1,436,665.
During the month of June inspection staff performed 4,739 inspections.
.~------
,-
CITY ATIORNEY
DIRECTOR OF FINANCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council ~
Jim O'Grady, Assistant City Manag~
July 26, 2005
DATE:
SUBJECT:
Economic Development Monthly Departmental Reports
Prepared by: Gloria Wolnick, Marketing Coordinator
The following are the recent highlights for the Economic Development Department for
the month of June 2005.
ECONOMIC DEVELOPMENT
Leads and Inauiries
In the month of June, the City received a lead regarding opening up a police
equipment wholesale distribution business in Temecula Valley, a company that
manufactures and markets shipping containers- initial 40 - 60 jobs for the
company will be high-end engineering, research and administrative positions.
EXDansion
Staff met with Urs Aeberli of FFF Enterprises regarding a new refrigeration system they
will bring to the plan review soon. It is roughly 52,000 cubic feet of cold storage that will
enable FFF to process one million flu vaccinations per week (about 14 million doses in
all) for next year's cold and flu season. Building Department staff identified some special
requirements for FFF's submittal that may help them through the process in a more
timely fashion.
Business Retention
EDC Business Retention follow-up: 20 Visits and 2 Phone Surveys
SDecial Events
Councilmembers Edwards and Washington and staff attended The National
Association of Industrial and Office Properties (NAlOP) Economic Forum which
was held at Temecula Creek in on June 9th. Moderator Dennis Frank, President of the
EDC of Southwest California, provided an overview of the regional as well as the EDC
organization. Jim O'Grady presented an overview of development projects in Temecula.
1
The event was attended by nearly 200 commercial brokers from Southern California.
Staff met several times with the Alliance Partners and NAIOP representative to plan and
prepare for the event.
Councilmember Edwards and staff attended the Rancho Ford 10th Anniversary
Celebration on June 2nd.
Staff attended the Temecula Valley Chamber of Commerce Annual Economic
Outlook Conference which was held at the Temecula Creek Inn on June 23rd. The
keynote speaker was Esmael Adibi, director of the A. Gary Anderson Center for
Economic Research and Anderson Chair of Economic Analysis at Chapman University.
He received his doctorate degree in Economics from Claremont Graduate University. He
joined the Chapman faculty in 1978, and was appointed director of the A. Gary Anderson
Center for Economic Research in 1985.
Councilmember Edwards and staff attended Guidant Customer Day at Pechanga
Resort & Casino on June 28th. Recipients of Guidant life saving products spoke to
Guidant employees.
Media/Outreach Materials
Staff wrote the City article for the July Chamber of Commerce Newsletter titled:
State of 1-15 South - An Economic Overview, Temescal Canyon to Temecula. The
article highlighted the City of Temecula's presentation that was given at the National
Association of Industrial and Office Properties (NAIOP) Economic Forum which was
sponsored by the Southwest California Economic Alliance and NAIOP. Temecula's
presentation focused on "Why Temecula is such a special place to live and do
business."
The Southwest California Economic Alliance announced its partnership with
Southwest Airlines (SWA). Among all industries in 2005, Fortune Magazine has listed
Southwest Airline as number five among America's top ten most admired companies.
As part of the Alliance partnership with SWA, the Alliance is considering becoming
involved in the SWA "Featured Destinations" program. Featured Destination is SWA's
promotion, in which cities, states, or regions can receive prime placement on SWA's
home page highlighting themselves as a destination. SWA will include destination
information, as well as airfare, car, and hotel specials only available on Southwest.com.
Featured Destinations is also the only destination promotion included in SWA's weekly
Click 'N Save@ em ail that reaches over 4.2 million travelers.
Meetinas
Staff attended the Economic Development Corporation of SW California Business
Relations Committee Meeting on June 2nd. The meeting was held at Southwest
Community Bank. Follow-up action reports included: Temecula Valley RV (training and
recruitment assistance), Mission Oaks National Bank (demographic information) and
Opti-Forms (recruitment assistance). The committee discussed recruitment challenges
2
with many companies and agreed that creating awareness with local companies that
wages was a factor in recruiting successfully. It was suggested that the Economic
Alliance job database be promoted more heavily. Staff announced the NAIOP event on
June 9, the Redhawk annexation celebration on July 2, Dr. John Husing would present
the updated demographic report to CQuncil on June 28, the Higher Education Center
was approved by the Planning Commission and would go to Council soon, Town Plaza
center would get a face lift, and the draft budget would go to Council on June 14 for
approval, which included capital improvements to wireless connection in Old Town.
Staff attended the Murrieta- Temecula Group meeting on June 3'd at Callaway
Vineyard & Winery. Murrieta City Manager Lori Moss spoke regarding development
and projects in the City of Murrieta.
Staff attended the Economic Development Corporation of SW Riverside County
Board of Directors Meeting on June 16th at the Diamond Valley Lake Visitors' Center in
Heme!. A tour was provided by Linda Pogenpole and presentation was given by David
Macaroy on current activities and developments occurring and planned for Diamond
Valley Lake. Updates were provided on the following: EDC Golf Tournament, new EDC
logo and letterhead and local television station for SW California. Staff reported on:
Temecula advertisement and coverage in the Anaheim/Orange County area special
commemorative in USA Today - Disneyland's 50th Anniversary Celebration. Upcoming
events - Invitation to the Redhawk Annexation Celebration on Sa!. July 2nd at Redhawk
Elementary School, and 4th of July Celebration in Old Town and Ronald Reagan Sports
Park with fireworks. Project Updates -The Development Agreement and site plan for
the Higher Education Center campus will go before Council on the 28th. Construction
estimated to begin January 2006 and Fall 2006 for occupancy. Update on Verizon fiber
optics program. ABC License for Temecula House of Wine and Palomar Hotel on Front
Street - authorize a wine tasting facility with wine retail sales. The Inland Empire
chapter of the National Association of Industrial and Office Properties (NAIOP) held their
economic forum on June 9th at Temecula Creek Inn. Approximately John Husing will
present the updated Temecula Demographics Community Profile at the June 28th
Council meeting.
Staff attended the Partners in Education Committee Meeting on June 3rd. Items
discussed: College Fair with possible Business and Military participation and an update
on Career Day - need coordinator at each school.
Staff met with Jim Capagosio on June 7th regarding development of the John Hine
Mazda site in the auto mall.
Councilmember Edwards and staff met on June 8th at Supervisor Stone's office
regarding the new television station for Southwest California.
On June 23'd, staff met with Skip Hornhorst of the Aardex Corporation regarding
potential medical office facilities in Temecula.
Staff attended the Southwest California Economic Alliance Partner's Meeting on
June 28th. Brad Anderson made a presentation on the 1-215 South Corridor Summit
which is scheduled for Fall 2005. Agenda items included discussion and updates on the
Alliance GIS website, jobs database, Southwest Airlines tie-in, advertising opportunities,
and Broker Breakfast in San Diego, Stem Cell Forum, and buy-in on the Southwest
3
California Branding for the region. ERISS Corporation, an award-winning tele-research
firm, has surveyed over 2 million employers. Its specialty is job/labor market research,
real-time salary information, real-time labor demand information, and prospect
identification for financial institutions, real-estate and insurance firms. There was
discussion to have ERISS conduct a survey in the San Diego high-tech/bio-tech market
for the Alliance.
TOURISM
Special Event
On June 22nd, City and Chamber representatives met with Dave Endress, Director of
Group Sales for Lake Elsinore Storm, to brainstorm ideas for Community
Promotions for Temecula & Storm. The Lake Elsinore Storm will host a "Temecula
Night at the Storm" on Friday, August 12, which is also Fireworks Night. Mayor
Comerchero will throw out the first pitch. The Storm will also recognize the City Council
their families on the field prior to the game as well as
Temecula residents will receive discounted admission, and the Storm would like to
donate 50 cents of each Temecula ticket sold to a SAFE. We will be assisting the Storm
in publicizing this, and the Storm's mascot "Thunder" is planning to participate in our 4th
of July parade. We will also plan to publicize this at the concert/activities at the Ronald
Reagan Sports Park also on the 4th. The Chamber will be assisting in the publicity, and
tickets for the game should be available at the Chamber's booth on the 4th.
In the month of June, staff provided assistance to the Musician's Workshop for their
Temecula International Jazz Festival which will be held July 14th - 17th at several
venues in Temecula. The City of Temecula is a major sponsor.
Advertisina & Media
Staff worked with Mark Fisher & Associates on the design of the City ad for the
Temecula International Jazz Festival Program. The City is a premier sponsor for the
Festival and receives a free ad.
,
Staff worked with Annie Howell on the design of the City ad for the Anaheim/Orange
County Visitor Guide.
City continues to advertise in Westways magazine and receives a great response.
Staff worked with graphic designer Annie Howell on updating the City's ad for the San
Diego Visitor Pocket Guide which will be published Summer/Fall 2005. The travel
publication was published in June (see attached).
Staff submitted photos and events to RV Journal which featured the events in its
summer issue. (see attached)
Staff prepared the Temecula Quarterly Calendar of Events which was sent to travel
media.
Temecula Tourism Rack Brochure has been produced and is now in rack service in
San Diego County & San Diego Corporate, Phoenix Corporate, Palm Springs, Orange
4
County, California Welcome Centers and parts of Los Angeles County. Additional
distribution includes: Temecula Chamber of Commerce & CVB, special events, tourism
trade shows and is included in the City's press and business kits. The brochure includes
highlights of Temecula's tourism attractions and special events. 300,000 printed
City placed a full page ad in the 2005 - 2006 San Diegan tourist publication. Staff
provided photos and editorial to the writer. A chapter is written on Temecula and on
Wine Country. 225,000 copies are printed and the publication reaches 7 million readers
annually. (see attached)
Meetinas
On June 2nd, staff met with Temecula Detective Brown to discuss The 2005 Good Old
Days Car Show.
Staff met with graphic designer Annie Howell on June 15 and 30 to discuss the design
and content of the new Temecula Retail Insert, Business Brochure and Demographic
Insert.
ATTACHMENTS
Temecula Valley Chamber of Commerce Activities Report
Economic Development Corporation of Southwest California
Business Relations Activity Report
Southwest California Economic Alliance Activities Report (not
submitted)
Advertising/Media
5
/
.,i'
I~
TEMECULA VALLEY CHAMBER OF COMMERCE
July 11, 2005
Shawn Nelson, City Manager
City of T emecula
43200 Business Park Drive
Temecula, CA 92590
Dear Shawn,
Attached please find the June Monthly Activity Report as per our contract with the City of
Temecula.
This is the month of June at a glance:
Business Inquiry Highlights: In the month of June, 5 businesses requested information on starting
or relocating their business to Temecula. They received a business packet, which included a copy of
the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc.
Board of Directors Highlights: Alice Sullivan, President/CEO will be graduating this year from the
U.S. Chamber Institute for Organization Management. Provided by the U.S. Chamber of Commerce,
it is a premier professional development program for professionals.
The second annual 2005 Leadership Academy is underway. It will be taught by a who's who of
business management leaders and consultants, the Leadership Academy instructors will expose
participants to the latest concepts, approaches and tools for management and leadership.
The TVCC, City and Lake Elsinore Storm is currently working on a Temecula Community night on
Friday, August 12'h, 2005.
Education Committee: The committee is currently working on ways to increase the scholarship
amount that the Chamber awards each year.
Temecula Valley Convention and Visitors Bureau: Convention Business/Larae Groups June
13'h, the TVCVB partnered with Melody's Ad Works to send out a press release for the Shelby
America Cruise Night to Temecula scheduled for Thursday, June 30'h, 2005. The Shelby Convention
is scheduled for Riverside. The cars will cruise through Old. Town Temecula on one of the evenings.
June 15'h and June 29'h, the TVCVB worked with meeting planner Joyce Spadoni. Ms. Spadoni has
scheduled a large convention at Pechanga Resort & Casino for September 2005. The TVCVB is
assisting her with additional group activities for her attendees. Thursday, June 16'h, the TVCVB
attended an open house at Temecula's Best Adventures in Old Town. This member business is a
new Destination Management Company promoting the Temecula Valley. Trade Shows/Fam
Tours/Community Partnerships Friday-Sunday, June 3_5'h, the TVCVB attended the 22'" Annual
Balloon and Wine Festival at Lake Skinner. The TVCVB attended the festival with more than 30
volunteers and successfully handed out collateral for the TVCVB supporting businesses. The TVCVB
also promoted our new website. Event data is still being collected but early reports indicate record-
breaking days for Friday and Saturday. This information will be reported in July. Tuesday, June 215'
and June 22", the TVCVB attended the Del Mar Fair representing the Temecula Valley International
Film Festival and the Temecula Valley. The International Film Festival 2004 attendance was 10,000
and the 2005 projected attendance is 12,000. The Film Festival is anticipating media coverage to be
extensive and global, reaching over 15,000,000 media impressions worldwide. The Temecula Valley
26790 Ynez Court. Temecula, CA 92591
Phone: (951) 676-50'10 . Fax: (951) 694-0201
www.temecula.org . e-mail: info@temecula.org
--
-;.,-
International Film Festival is scheduled for September 14-18, 2005. Thursday, June 30'h, the TVCVB
attend the Shelby American Car Convention in Riverside at the Mission Inn Hotel. Staff spoke to over
500attendees in seven different buses. The TVCVB handed out Temecula Maps, Wine Country
Maps, Dining listings and Casino information for evening activities. MarketinQICommunitv
Partnerships Wednesday, June a'h, the TVCVB joined the Western Association for Convention and
Visitor Bureaus (WACVB). The Western Association of Convention & Visitor Bureaus is dedicated to
the professional growth of its members. W ACVB's primary goal is to promote and expand the
influence of the convention and visitor industry through education. The association serves more than
130 member bureaus in the western United States and western Canada. Wednesday, June 15'h, the
TVCVB updated the TVCVB Visitors information and website with the San Bernardino CVB. Monday,
June 20'h, the TVCVB met with Jim Carter, owner of South Coast Winery Resort & Spa. This meeting
was established to address partnership opportunities with the TVCVB on the proposed 2% self-
assessmentlvisitor's fee. Jim Carter supported our initiative and agreed to partner. Details of this
agreement will be communicated in July 2005. Monday, June 20'h, the TVCVB updated the TVCVB
Visitors information with AAA to include website and the toll free phone number. Monday, June 27'h,
the TVCVB spoke with Buddy Lynn the new owner of Maurice Car'rie Winery regarding an
opportunity to open a Visitors Center in Wine Country. Mr. Lynn has rental property available next to
the Temecula Valley Winegrower's Association. The TVCVB business strategies include adding
Visitor Centers throughout the T emecula Valley. Discussions have also taken place with the City of
Temecula for the new Community Theater as a proposed location for a small VC. Media MarketinQ
Thursday, June 9'h, the TVCVB interviewed with Meetings Media for the 2005 Fall issue on the
Temecula Valley. Topics covered were Wine Country, Old Town, Pechanga Resort & Casino,
Temecula Night Life, the new Sports Complex, Arts and Culture, the future Educational Center and
Community EventslFestivals. Industry contacts were given for the editorial. Friday, June 24'h, the
TVCVB interviewed with KNX 1070 Topic "Great Places to Vacation Close to Home". Tuesday, June
14'h, 2005 the TVCVB met with Nick Johnson, an independent film-maker from the Inland Empire.
Nick will be covering human-interest stories relating to Tourism in the Temecula Valley. Suggested
topics were provided on Pechanga Resort & Casino and the Wine Maker's at South Coast Winery
Resort & Spa. Funding Monday, June 13'h, the TVCVB drafted the first documentation for the
Tourism Improvement District (TID) to include, request to forum a resolution both for the City and
County. The TVCVB also developed the Management District Plan. Next steps will be to finalize the
plan and budget and meet with the T emecula City Council. Website MarketinQ During the month of
June the TVCVB website has received over 2,500 unique visitors. The TVCVB assisted with 1,849
phone calls, 2,477 Walk Ins, 252 mailings and 79 e-mails. The TVCVB held all committee
meetings to include: Finance, Government, Membership and Marketing.
Southwest California Legislative Council: Members from the Temecula, Murrieta and Lake
Elsinore Chambers attended the Legislative Summit in Sacramento. Position papers were presented
to local legislators. Position papers dealt with the positioning of the Homeland Security Center at the
Ben Clark Training Facility, future needs of Mt. San Jacinto College, which is the fastest growing
community college in California and worker's compensation issues that continue to impact
businesses. Council voted to support the $7 million expense item in the budget to promote California
as a tourism destination. Council voted to support the early repayment of 50% of the VLF funds.
Positions on the following bills were taken:
58 399 - 3'. Party Liability - Oppose
SB 760 - Port Regulatory Fee - Oppose
AB 1093 - Wages - Support
SB 833 - Unsolicited Advertising Faxes - Oppose
SB 409 - Conservation element, General Plan - Oppose
SB 762 - CA Intermodal Port Congestion - Oppose
AB 581 - Public works wages - Oppose
SB 174 - Minimum Wage - Oppose
Business Development Resource Committee: The Mystery Shopper winner for July is Jazzercise
Center of Temecula. The Businesses of the Month for July, chosen by the TVCVB, are A Grape
Escape Balloon Adventure and Tour of Temecula Map Guide. The Chamber Spotlight winner for July
2
~-
"
is Agape Financial. Topics for the 2005 Technology Forum & Expo have been determined and will be
1) Customer Relationship Management Software, 2) Security Concerns Relating to Technology and
3) Network & Wireless Technologies. The expo will be held on Friday, August 26th, 2005 from
10:00am - 12:00pm at the Chamber Conference Room and the current sign up for attendees is 30
members, with a maximum of 50. Eight of the twelve vendor booths have been assigned with
member businesses relative to the three topics being presented.
Membership & Marketing Committee: 35 businesses joined the Chamber in June 2005. Staff and
Ambassadors attended 4 Ribbon Cutting events. Over 300 members and guests attended the
monthly mixer, which was hosted by 1st Centennial Bank. 73 members networked during the
Membership Networking Breakfast at the Embassy Suites Hotel in June.
Special Events Committee: The 5th Annual Economic Outlook Conference was held on Thursday,
June 23, 2005 at Temecula Creek Inn from 3:30 p.m. to 5:30 p.m. with Dr. Esmael Adibi as the
keynote speaker. The Special Events Committee is also planning the 14th Annual Monte Carlo
Extravaganza, which is scheduled to take place Wednesday, September 21, 2005 at the beautiful
Wilson Creek Winery. The Southwest California Legislative Summit will be held on Friday,
September 30, 2005 with Dan Walters from the Sacramento Bee as the event moderator. Panelists
will include, Insurance Commissioner John Garamendi, Senator Dennis Hollingsworth, Assembly
member John Benoit, Assembly member Russ Bogh, First Vice President of Pechanga Development
Corporation, Anthony Miranda and a representative from the Public Utilities Commission.
Tourism Highlights (Bulk brochure distributors)
Activity Report:
o 139 Visitor Guide requests were processed from the City of Temecula's Westway's advertising
marketing piece.
o 40 Temecula Tri-fold Brochures, 40 Tourism Maps and 40 Winery Brochures were distributed to
Jason Navaroli for a wedding.
o 40 Temecula Tri-fold Brochures and 40 Winery Brochures were distributed to Gary Hagelbarger
of SKP Park RV Aguanga for an Ohio RV group.
o 800 Temecula Tri-fold Brochures and 300 Winery Brochures were distributed to Jo Moulton of
Cinema Alliance Entertainment for the Film Festival.
o 75 T emecula T ri-fold Brochures and 100 Winery Brochures were distributed to Deborah Thoisen
of Coldwell Banker for new homebuyers.
o 30 Winery Brochures, 30 Temecula Tri-fold Brochures and 30 Tourism Maps were distributed to
Beveriy Garriques for a family reunion.
o 60 Temecula Tri-fold Brochures, 60 Winery Maps and 60 Tourism Maps were distributed to
Bernadine Anderson for a family reunion.
o 20 Visitor Guides and 40 Tourism Maps were distributed to Marie Weaver for a class reunion.
o 50 City Maps were distributed to LeeAnne Walters of Stanley Steemer for contacts in Temecula.
o 125 Temecula Tri-fold Brochures and 175 Winery Brochures were distributed to Gloria
Easterwood to deliver to RV and Campsites in the area,_
Activity Report:
o Tourism calls for the month of June -1,849
o Phone calls for the month of June - 3,447
o Walk-ins for the month of June - 2,477
o Web Page User Sessions for the month of June - 6,438
Also, attached are the meeting minutes for the Temecula Valley Convention & Visitors Bureau,
Education, Southwest California Legislative Council, Business Development Resource, Membership
and Marketing and Special Events committees. If you have any questions regarding this information,
please call me at (951) 676-5090 or e-mail asullivan@temecula.org. Thank you.
3
--
Sincerely,
cc: Mayor Jeff Comerchero
Councilman Mike Naggar
Shawn Nelson, City Manager
Jim O'Grady, Assistant City Manager
Gloria Wolnick. Marketing Coordinator
Mayor Pro Tern Ron Roberts
Councilman Chuck Washington
Councilwoman Maryann Edwards
Gary Thornhill, Deputy City Manager
TVCC Board of Directors
4
--
,
Temecula Valley Chamber of Commerce
Monthly Activity Report
June 2005
Chamber Vis. Center Year- To-Date
PHONE CALLS This Month This Month Total
TOURISM
Tourism Referrals 365 2,162
Calendar of Events 226 1,293
Special Events 281 1,870
General Information 977 5,799
TOTAL TOURISM CALLS 1,849 11,124
Relocation 232 1,154
Demographics 145 828
Chamber 794 4,857
Miscellaneous 427 2,687
TOTAL PHONE CALLS 3,447 20,650
WALK-INS
Tourism 222 43 1,293
Calendar of Events 178 896
Special Events 102 1 710
General Information 803 52 4,586
Relocation 187 1 978
Demographics 121 708
Chamber 547 3,441
Miscellaneous 317 1,842
TOTAL WALK-INS 2,477 97 14,454
MAILINGS
Tourism 252 1,763
Relocation 66 267
Demographics 68 300
TOTAL MAILINGS 386 2,330
E-MAIL
Tourism 79 621
Relocation 91 494
Miscellaneous 187 1,138
TOTAL E-MAIL 357 2,253
WEB PAGE USER SESSIONS 6,438 28,730
GRAND TOTALS This Month Year-To-Date
PHONE CALLS 3,447 20,650
WALK-INS 2,477 14,454
MAILINGS 386 2,330
E-MAIL 357 2,253
WEB PAGE USER SESSIONS 6,438 28,730
--
.
Annual Volume Comparisons
Chamber Chamber Percentage
June 2004 June 2005
PHONE CALLS
TOURISM
Tourism Referrals 410 365 -11%
Calendar of Events 175 226 29%
Special Events 376 281 -25%
General Information 1,285 977 -24%
TOTAL TOURISM CALLS 2,246 1,849 -18%
Relocation 201 232 15%
Demographics 139 145 4%
Chamber 997 794 -20%
Miscellaneous 422 427 1%
TOTAL PHONE CALLS 4,005 3,447 -14%
WALK-INS
Tourism 196 222 13%
Calendar of Events 132 178 35%
Special Events 83 102 23%
General Information 897 803 -10%
Relocation 212 187 -12%
Demographics 124 121 -2%
Chamber 531 547 3%
Miscellaneous 368 317 -14%
Visitor Center Walk-Ins 133 97 -27%
TOTAL WALK-INS 2,676 2,574 -4%
MAILINGS
Tourism 555 252 -55%
Relocation 50 66 32%
Demographics 50 68 36%
TOTAL MAILINGS 655 386 -41%
E-MAIL
Tourism 98 79 -19%
Relocation 81 91 12%
Miscellaneous 250 187 -25%
TOTAL E-MAIL 429 357 -17%
WEBSITE USER SESSIONS 4,913 6,438 31%
. Chamber referrals reflect faxes, walk-ins and phone calls
~
TEMECULA
VALLEY
-
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Convention and Visitors Bureau
Finance Subcommittee
Meeting Minutes
Thursday, June 2, 2005 @ 9:30 a.m.
Location: TVCC
Chairperson: Vacant
TVCVB Co-Chair: Valarie Skovron (present)
Board Liaisons: Denis Ferguson (not present), Bill Wilson (not present)
Committee Present: Ginny Mulhern, Brian Thrush, Rose Kamppila
Staff Present:
Carrie Kumano
Call to Order and Self-Introductions
The meeting was called to order at 9:40 a.m. Self-introductions were made by the group.
Approval of Meetin!:! Minutes
Mulhern made a motion to approve the May 5th, 2005 meeting minutes as written; Thrush seconded
the motion, which carried.
Tourism Improvement District (TIDI
Kumano and Skovron explained the TID and mentioned that on May 23'd, TVCVB staff and some of
the Advisory Board members met with a majority of the hotels to discuss the formation of the TID.
Consultant, John Lambeth of Down Town Resources was there to explain the process and answer
questions. We have full support of the Temecula City Council and the process shouldn't take more
than 60 - 90 days to implement. We would most likely proceed with the 1994 plan of 5 years, with a
1 O-year extension.
October Mixer & Fundraiser
The date for the event will be Thursday, October 13, 2005 and held at the Temecula Creek Inn's
Stonehouse. Mulhern mentioned that she still hears positive feedback on last year's event. Skovron
mentioned that we need to see what worked well last year and what things can we improve on.
Guests seemed to like the photography and the costume. (fontests. Kumano said that with the
inception of the TID, we will not have to focus so much on the fundraising part and we can make sure
there are more activities and networking opportunities. Kamppila suggested that we sell tickets, like
at a carnival, and guests will then have the opportunity to play games and win prizes, given by the
sponsors. Skovron mentioned that we need a theme and a budget. Kumano suggested staging since
it was difficult for everyone to see the costume contest and the individuals trying to make
presentations. It was suggested to possibly use hay-bales as an inexpensive alternative to staging.
Skovron said we will need to organize a task force and start on the specifics and details of the event.
Mulhern suggested that maybe we could also give awards at the event and recognize those
individuals who have made a big difference within the past year. Skovron made a motion to keep the
same dollar amounts for the sponsorships ($1,000, $500 and $250); Thrush seconded the motion,
which carried. Transportation will need to be addressed since the Stonehouse is on the golf course.
We will need to meet with Doug Leiber to discuss specific details and options like food, rental
equipment, etc.
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""
~
Action Steps for Next Meetin!:!
. Organize a task force for the October Mixer & Fundraiser
. Schedule meeting with Doug Leiber prior to next meeting date
. Establish theme/tag line for October Mixer & Fundraiser
. Bring ideas for awards, decor and costs for October Mixer & Fundraiser
. TID Update
Adiournment
Thank you for attending!!
Next Meeting: Thursday, July 7th, 2005 @ 9:30am
Location: TVCC
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.
TEMECULA
VALLEY
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Convention and Visitors Bureau
Government/Public Relations Subcommittee
Meeting Minutes
Thursday, June 16,2005@2:00 p.m.
Location: TVCC
Chairperson: Dr. Billie Blair (present)
TVCVB Co-Chair: Valarie Skovron (present)
Board Liaisons: Greg Morrison (not present)
Committee Present: Ginny Mulhern
Staff Present:
Kimberly Adams, Carrie Kumano and Alice Sullivan
Call to Order and Introductions
The meeting was called to order at 2:02 p.m.
Approval of Meetina Minutes
Skovron made a motion to approve the May 26, 2005 meeting minutes as written; Mulhern seconded
the motion, which carried.
Special Guest Shaun Lumachi
Lumachi spoke about how he got started with the Southwest California Legislative Council. He
currently works with 8 chambers and coordinates, in the background, assisting with local regional
legislative issues and actions. So far the SWCLC, which is comprised of the Temecula Valley,
Murrieta and Lake Elsinore Valley Chambers of Commerce) has taken positions on 25 pieces of
legislation on items that impact this region. The TVCVB Government Committee can make
recommendations to the SWCLC and then they can take action. The SWCLC responsibilities are 1)
track issues and legislation, 2) get individuals involved (by holding press conferences, inviting people
to come speak at the meetings regarding issues and through the chamber newsletter), 3) serve as a
resource and 4) develop communication strategies (via newsletter articles, e-mail alerts and the
advocacy website). Lumachi showed the website to the group www.southwestcaliforniaadvocacY.biz
and mentioned that it offers priority lists, top issues, allows tracking of issues and allows individuals to
submit letters of support or opposition to the SWCLC. Lumachi stated that the TVCVB Government
Committee could make recommendations on tourism priorities that should be listed on the website.
The ultimate goal is to have a part-time staff member hired to continue the efforts of the SWCLC. The
chamber members will need to see the return-on-investment and value with associating with the
alliance. Lumachi mentioned that the key to success is momentum and the SWCLC is so far the most
active, aggressive and interested group that he is a part of. Blair suggested Lumachi to speak to the
Economic Development Corporation. Blair also asked if there was a process to submit issues to the
SWCLC and Lumachi said they can be submitted directly to the SWCLC or any of the three chamber
presidents or the chairperson of the council. All four of those individuals have the authority to make
quick decisions and act on legislation with the best interest of the group in mind. The e-mail system is
still being developed but will be completed by next week.
Discussion of Leaislation
Blair gave some topics that were discussed at the EDC meeting earlier in the morning at Diamond
Valley Lake. The Metropolitan Water District had renderings of how the lake and recreation center
was going to be laid out. Most will be complete with 1-2 years. Gregory Lee of the Southwest ~_
California Economic Alliance is on the committee and mentioned that San Diego businesses are
expressing an interest in moving out of San Diego because of the high costs. He will be speaking to
San Diego businesses at an upcoming meeting. Gloria Wolnick is on the committee and mentioned
the ad that is currently running with Disney on their 50th anniversary promotion. The education
complex should be complete by June 2006. Mulhern mentioned the Wine Society is sponsoring the
first wine competition for the Temecula Valley. It will be on July 11 and 12 at Maurice Carrie Winery
with hopes of over 200 wines competing and judges from outside the area have already been
selected. It was stated that the TVCVB should get involved with events like this and show support.
Mulhern will contact the Wine Society and see how we can get involved for this event. Blair
mentioned that we will need to continue to reach out to those who may need assistance until they
know we are here and how we can help.
New Subcommittee MeetinQ Schedule
Meetings for this subcommittee will now be held quarterly with the option of calling special meetings if
necessary.
Action Steps for Next Meetina
. Continue to bring updates from Southwest Legislative Council
. Wine Country Issues
Adiournment
Thank you for attendingl!
Next Meeting: Thursday, September 15th, 2005 @ 2:00pm
Location: TVCC
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TEMECULA
VALLEY
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Convention and Visitors Bureau
Marketing Subcommittee
Meeting Minutes
Thursday, June 9, 2005 @ 11 :30 a.m.
Location: TVCC
Chairpersons: Jeff Brown (not present), Steve Mallory (not present)
TVCVB Co-Chair: Ginny Mulhern (present)
Board Liaisons: Melody Brunsting (present), Kelly Daniels (present)
Committee Present: Valarie Skovron, Jim Miley, Jeannie Miley, Dave Endress, Leah DiBernardo,
Sharon Fonseca, Carolyn Fittipaldi, Rudy Adame, Eva Kenny
Staff Present:
Kimberly Adams & Carrie Kumano
Call to Order and Introductions
The meeting was called to order at 11 :30 a.m. Self-introductions were made around the group.
Approval of Minutes
Skovron made a motion to approve the May 12, 2005 meeting minutes. Endress seconded the
motion, which carried.
Website Postcards
Adams reported that we had approximately 1900 hits to the TVCVB website for May. Website
postcards were handed out to the group for them to use when promoting the TVCVB. We've had
good feedback so far on the website and its offerings.
Marketing Membership Sales Blitz
Mulhern spoke about launching a phone blitz campaign to increase the TVCVB membership. We will
need to contact all TVCC members to solicit their participation in membership. Adams mentioned the
inception of the Tourism Improvement District (TID) with full support of the City Council. We need to
inform potential members of the benefits that will be available once our funding has been completely
established. We will eventually establish a deadline to join the CVB before the membership dues
increase. Existing members will still have the same expiration date as the new members. Mulhern
mentioned we will be helping the International Jazz Festival provide a survey to the guests in
attendance. We will use the 2004 survey questions. The dates are July 16 & 17 and we will need two
volunteers at the Duck Pond and two volunteers at the Promenade Mall on those dates to help
conduct the survey. The TVCVB will also have a booth at the festival. Volunteers should contact
Ginny or Kimberly. We will offer a prize package at each of the locations to encourage guests to
complete the survey.
Photo Shoot - Wednesday. June 22, 2005
A photo shoot has been scheduled with J. Francis Miley Photography to get additional photos of
guests at the wineries (shopping, wine tasting and dining). Adams asked for volunteers to be in the
photos. We need a mix of ages to get a full representation of the guests who come to the Temecula
Valley. Adame said he has one or two staff members who might be interested in participating.
Promotional Items
Adams mentioned that the CVB is looking for cooperative opportunities for promotional items and if
anyone has suggestions on certain products or would like to partner with some gf the costs, to please
let her know. .
Fittipaldi stated that she had an opportunity to speak with Chuck Johnson at Churon Winery about the
possibility of having a visitor center within their facility in order to cross-promote the member
businesses. He is interested in speaking further about the idea. Fittipaldi also mentioned that Stuart
Cellars does off-site tasting events and non-profit events and they always try to cross-promote the
region. If member businesses want their collateral at some of the events, please contact her. She
said that the Anaheim CVB is also very interested in promoting the Temecula Valley wines and
Temecula Valley as a day-trip destination. Fittipaldi will follow up with them and send the new
postcards. Mulhern mentioned that the Wine Society is willing to help and partner at events.
Action Steps for Next MeetinQ
· Mulhern mentioned that we will use last month's action items since we were not able to
discuss them at this meeting, which will be asking Temecula Valley Winegrowers Assn. to
share some data (addresses and zip codes) to help determine target market for wine country.
We also need to ask the hotels and the golf industries.
Adiournment
Thank you for attending!!
Next Meeting: Thursday, July 14th, 2005 @ 11 :30am
Location: TVCC
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TEMECULA
VALLEY
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Convention and Visitors Bureau
Membership Subcommittee
Meeting Minutes
Thursday, June 23,2005 @ 11:30 a.m.
Location: TVCC
Chairperson:
TVCVB Co-Chair:
Board Liaisons:
Peggy Evans (not present)
Ginny Mulhern (present)
Doug Leiber (present), Rusty Manning (not present), Bill Seltzer (present)
Committee Present: John Kelliher
Staff Present: Kimberly Adams & Carrie Kumano
Call to Order and Self Introductions
The meeting was called to order at 11 :38 a.m. Self introductions were made around the group.
Approval of Meetin!:! Minutes
Kelliher made a motion to approve the May 26th, 2005 meeting minutes as written; Leiber seconded
the motion, which carried.
Blend with Marketin!:! Subcommittee
Mulhern mentioned that since the Marketing and Membership subcommmittees are so closely related
and we are not haVing the best attendance for some of the meetings, we will be combining the two
subcommittees and meet on the second Thursday of each month at 11 :30am. Kelliher asked if we
were going to be looking at the wineries to contribute other than membership dues. Adams
mentioned that for the next five years the hotels and bed and breakfasts will pay into the TID,
however, we will most likely be looking at other tourism businesses to include in the future. Kelliher
suggested that we only ask for their membership dues and not stress the need of funding from the
wineries. Leiber and Adams said that it is highly unlikely that we would go to them within the next five
years, however, it is not a guarantee. Kelliher mentioned that the wineries just want to make sure that
they are not supporting something that is headed in the wrong direction and they're not concerned so
much with the benefits of participating. They don't want issues to come up that will cause them more
money or problems in the future. He will promote the CVB to the wineries and stress the direction of
the CVB to them. It was stated that the Temecula Valley Winegrower's Assn. could also do a TID for
wine country to help promote the region. Adams mentioned that Jim Carter with South Coast Winery
Resort and Spa is in full support of the TVCVB and is willhlg to pay into a TID. Seltzer said that the
small membership fee does not mean anything to the businesses because they don't see the value
and benefits. Once they can see the direct return on investment, he felt they would be interested.
Leiber said that eventually we will have many businesses wanting to be members, but most likely not
until the funding is available and we can show what we can do with the marketing dollars. Adams
mentioned that the CVB will also be here to help with policies and legislation and we are building an
organizational plan together now, since we are looking to be funded soon. We are working on getting
some visitor centers in wine country and old town. Supervisor Jeff Stone expressed that he would
consider assisting the CVB with a wine country visitor center.
Date for Membership Drive
Mulhern mentioned that we need to establish a date for the phone blitz drive. Staff and the committee
chairs will determine a date for July. Kelliher said that he would have some staff available after July
8th to help with the calling. Staff will compile a list of businesses to focus on. .
Script for Membership Solicitations
We will need to do follow-up letters for membership as well as develop talking points for use
with selling memberships.
Action Steps for Next MeetinCl
. Talking points for Membership solicitations
. List of businesses to call
Adiournment
Thank you for attending!!
Next Meeting: Thursday, July 14, 2005 @ 11 :30am
Location: TVCC
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II~I
TEMECULA VALLEY CHAMBER OF COMMERCE
Business Development Resource Committee
MEETING MINUTES
Wednesday, June 15th, 2005, @ 8:00am
TVCC Conference Room Sponsored by Community Little Book
Committee Chair: Bert Baluyut (not present)
Board liaisons: Bill Wilson (present)
Co-Chair: Bob Hagel (present)
Members Present: Carole Crocker, Ginny Mulhern, Kirby Bown
Staff: Carrie Kumano, Alice Sullivan
Welcome & Introductions
Hagel called the meeting to order at 8:07am.
Approval of Minutes
Bown made a motion to approve the May 18th, 2005 meeting minutes as written and
Mulhern seconded the motion, which carried.
Business Resource Development
No Report.
Member Recognition Program
Mystery Shopper Proqram - Hagel mentioned that we need more participants for the upcoming
months. We will distribute the box at the Networking Breakfast to solicit member businesses.
Hagel reviewed the monthly winners.
. Mystery Shopper Program (Courtesy of DHL Business Solutions & The Californian):
-June - Lake Elsinore Storm Baseball
-JUly - Jazzercise Center of Temecula
. Volunteer Businesses of the Month (Courtesy of KMYT 94.5 FM):
-June (Government Action) - Arrowhead Credit Union
-June (Government Action) - Metropolitan Water District
-July (TVCVB) - A Grape Escape Balloon Adventure
-July (TVCVB) - Tour of Temecula Map Guide
. Chamber Spotlight (Courtesy of FROGGY 92.9):
-June - Truly Creative Network Solutions
-July - Agape financial
Roundtable Discussion
Mulhern mentioned that we had a disappointing turn out at the last roundtable discussion. The
topic was Fire Safety and three experts attended and spoke. She suggested to look at a name
change to make it more desirable to the members. Sullivan mentioned that the term "Power
Lunch" along with an appropriate tag line is currently being used with other agencies and
people like the way it sounds. We do, however, have an existing agreement with Trinity
Reprographics and the template is already done for the rest of the year to say Roundtable
Discussion and it would be costly to change it this year. Sullivan will provide information from -_
the past chamber seminars to help with the program. Mulhern suggested that we skip a
meeting for August, renew the program and offer the next one in September. The library is also
another alternate location if that would help.
Resource Library
The library is now linked in two different areas on the TVCC website. Hagel suggested to have
a library rep at the next mixer or networking breakfast to sign up members for library cards.
The library has expressed an interest in having a mixer in the future. It was suggested to have
the next Business Development Resource Committee Meeting at the library. Mulhern will follow
up to schedule.
Technoloav Forum & Expo Task Force
The invitation to the expo went out and we currently have 25 members who have RSVP'd to
attend. We have not had an overwhelming response for speakers, sponsors or vender booths.
The task force will call appropriate members to solicit participation. Sullivan mentioned that the
last expo was most successful with the one-on-one communications between the attendees and
the experts/vendors.
Board Update - Wilson reported
o Chamber Mixer, Wednesday, June 15th, 2005 from 5:30pm to 7:30pm at 1st Centennial
Bank.
o Networking Breakfast, Wednesday, June 22"d, 2005 from 7:30am to 9:30am at
Embassy Suites Hotel Temecula Valley Wine Country.
o Roundtable Discussion, Tuesday, July 12th, 2005 from 12:00pm - 1:00pm at European
Deli (Special Topic: Networking Tips).
o Economic Outlook, Thursday, June 23rd, 2005 at 3:30pm at Temecula Creek Inn.
Sullivan updated the group on the following:
o Tom Paradis of The Press-Enterprise and Dane Wagoner of Edge Development have
been added to the Board of Directors since Joe Hudon and Harry Clark are no longer on
the board.
o Legislative Summit is scheduled for Friday, September 30, 2005 at Pechanga Resort &
Casino and Dan Walters has agreed to return as well as John Garamendhi and Anthony
Miranda.
o The Temecula Valley Convention & Visitors Bureau is working with a consultant on the
formation of the Tourism Business Improvement District.
o Southwest California Legislative Council is functioning very well. Sullivan, Adams, Voit,
Reyes, Endresen and Frank attended the Legislative Summit in Sacramento last month
and the Temecula Valley Chamber of Commerce was recognized by the California
Chamber of Commerce.
o Wine Country is facing some issues right now'regarding preserving the integrity of wine
country.
Member Updates
No Report.
Adiournment
Thank you for attending!
NEXT MEETING: July 20th, 2005 at 8:00am
Location: TVCC Conference Room Sponsored by Community Little Book
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EDUCATION COMMITTEE
MEETING MINUTES
T emecula Valley Chamber of Commerce
Conference Room Sponsored by Community Little Book
Thursday, June 9, 2005
9:30 a.m.
Chairperson:
Members Present:
Donna Wilder (present) Co-Chair: Lynn Laing (Present)
Shari Crall, Stan Harter, Donna Wilder, Debbie Bennett, Aaron Adams, Danielle
Clark
Stan Harter (present), Michael Doblado (absent)
Laura Turnbow
Board Liaison:
Staff Present:
Approval of Minutes
Crall made a motion to approve the May 12, 2005 minutes as written. Harter seconded the motion, which
carried.
Student of the Year
Despite the fact that students received the applications at their presentation for Student of the Month, the
Student of the Year applications were received very late. Students need additional reminders of the deadline
to receive applications. Committee reviewed the list of award recipients.
Scholarships
Committee reviewed the list of scholarship recipients. Wilder stated she presented the Chamber's
scholarships at the Temecula Citizen's Scholarship ceremony. 3 students received $500 scholarships and
one student with the overall highest score received a $1,000 scholarship. Committee requested that the
Board consider increasing the budgeted amount for scholarships in the 2005/06 school year. Harter will
bring this item forward to the Board.
School and Colleges Update
TVUSD - Clark announced that Dick Glock is retiring at the end of the 2005/06 school year. June 17th is the
last day of school. Their budget has been cut by $6.2 million, which leaves no funding for increases. The
district has switched to a fully insured benefit package. Clarke announced she is instituting an attendance
campaign, which is aimed at increasing students' attendance by two school days per year. This will increase
funding by $2 million. Clarke is soliciting prizes that will be awarded during the attendance campaign and
also requested assistance in planning the campaign. Prizes include tickets to Disneyland, skateboards, 1-
pods and a car. Harter congratulated Clarke on a very succ.essful Career Day. Harter stated it was a very
positive experience for both the presenters and the students.
MSJC - Wilder announced that the Spring session has ended and the summer session runs through July 27th.
Due to the increase in the number of students, MSJC will be looking to coordinate separate graduation
ceremonies at both the San Jacinto and Menifee campuses.
CSUSM - They are expanding their list of classes held in the Temecula area. Nursing classes are being
added at Rancho Springs Hospital. CSUSM is also considering adding nursing refresher classes that would
be held locally.
City Update
Adams stated that the Clarke did an outstanding job on coordinating the Youth In Government program. 20
City staff members participated, giving students insight as to how city government operates. Adams
--
announced that the ground breaking for the new library was held two weeks prior. The 34,000 square foot
facility will be completed in approximately 16 months.
Committee Discussion
Crall discussed a program that was previously considered that is aimed at recognizing local businesses and
their contribution to education. This program would encourage established businesses to continue with the
beneficial partnerships and also encourage new businesses to contribute. Discussed the possibility of
recognizing contributors at the Awards Gala or other chamber events.
Meeting adjourned.
Thank You!
Next Education Committee Meeting is Thursday, July 14, 2005, 9:30 a.m. in the TemecuIa Valley
Chamber of Commerce Conference Room Sponsored by Community Little Book
Temecula Valley Chamber of Commerce
Membership and Marketing Meeting Minutes
Wednesday, June 8, 2005
8:00 a.m. - 9:00 a.m. Chamber Conference Room
Sponsored by Community Little Book
Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of
the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill
representatives and strive to enhance the value of membership encouraging ongoing dialogue between
members.
Committee Chair: Timmy Daniels Board Liaisons: Melody Brunsting
Co-Chair: Judy Zulfiqar Bill Seltzer
Committee Present: Kirby Bown, Jack Harlan, Teresa Kosycarz, LaVonna Lacy, Bob Bryant, RJ Hagel, Carole Crocker,
Solange Sheppy,
Board Liaisons Present: Melody Brunsting & Bill Seltzer
Staff Present: Cora Saxarra & Shirley Eilek
Minutes
Committee co-chair Judy Zulfiqar called the meeting to order at 8:05 a.m. The minutes of the previous meeting were
reviewed and motioned for approval by Kirby Bown and seconded by Carole Crocker, which carried.
Membership Report
The committee reviewed the Membership packet. Currently there are 1,398 members (reflects 35 new members, 77
renewals, 34 drops).
Ribbon CuttinQ:
By: Shirley Eilek - TVCC Staff
Staff and ambassadors attended 4 ribbon cuttings for the month of June.
Appreciation NiQht
Annette Nielsen - sub Committee chair
Seltzer gave the board of directors an update on the Appreciation Night during the board meeting. He also encourages
everyone to visit the chamber information booth for the 4th of July extravaganza, which will be at the Ronald Reagan
Sports Park. LaVonna Lacy agreed 10 sponsor one of the food stations for the Appreciation Night as well as Debbie
Fisher of California Bank & Trust. Bill Seltzer also agreed to sponsor the chocolate fountain and Prestos would provide
dessert. Committee would like to know if one of the food stations could be sponsored by two businesses. Members
sponsoring food station would like to know who would be responsible for the signage.
Marketinu
Carole Crocker - sub Committee Chair:
Discussed the only way this committee can be effective is to have participation from all committees in the Chamber and
more involvement. Cora said we should talk to Alice about having a representative from each committee.
As a follow-up to this meeting, Cora and Carole had a meeting with Alice. She agreed that additional input was essential
and thought it would be better to have staff involved in the committee, rather than asking the committees to send a
representative. She will discuss this with them.
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,
.
Membershio Drive
Carole Crocker - sub Committee Chair
Discussed the 90 days drive seems too long, and it should be simply for the month of October. We need to develop a
better "marketing" of the drive to the membership, and we will work with the Marketing Committee to get something
started in September for the October drive.
Discussed the prizes and the fact that the Chamber is always asking for prizes. In lieu of soliciting additional prizes from
the membership, we could have a one-page insert into the Temecula Today newsletter advertising the businesses that
brought in one or more members during the drive. . . business always like advertising! There could be different levels of
advertising, based upon the number of new members brought in.
This will have to be discussed with Alice, and, if she approves, we will discuss the advertising/new member criteria.
NOTE: This was discussed with Alice, and she approved.
Follow uo call (Retention)
Dan Brunell- sub Committee Chair
NO REPORT
NetworkinQ Breakfast
David Bush - sub Committee chair
Another fantastic Networking Breakfast courtesy of Cora "The Avenger" Saxarra and Shirley "a.k.a. Shirl" Eilek! Thanks
to Prestos we were able to give away a $25 gift certificate to the person who collected the most business cards and to
the loser of the 50/50 drawing (another great idea from the Bushman!). The following are a few recommendations to
improve the meeting:
1) Have a complete agenda prior to the meeting (need to move Business Spotlight Sponsor Introductions to before
individual intros, add a Give-A-Way sponsor recognition and promo (i.e. Prestos) and add Board Member Recognition)
2) Have a member's table set up for flyers, non-profit info, etc.
3) Take picture of person who collected the most business cards at the end of each meeting and put their picture in the
Chamber Newsletter for a promotion
4) Start meeting at 7:45am
5) Need more Business Spotlight Sponsors (We only had 1 business spotlight sponsor show up this month?)
6) Add something fun to the introductions such as 'Tell something about you that nobody here knows about you" to
encourage networking among non-related business professionals (provide a common ground for them to communicate
during networking time).
Networking Breakfast Business Spotlight for the month of June is: Ari Nadelman of Speed band, Inc.
TVCC Mixer:
Bob Bryant- Sub Committee Chair
Attendance, music and food were good. Due to the change of the mixer host for the month of June, the original policy
and procedures were not followed. Chamber was unable to charge non-member cost as a request from the mixer host
due to it being more of an Open House. The host sent personnel invitations to their clients and wanted them to feel
welcomed. There was no cost for the wine. We are discussing ways of preventing this in the future.
Zulfiqar suggested a time limit when mentoring new members and visitors attending the mixer "introduce them to
someone and quickly return to the registration". Over 300 members and visitors attended the June mixer hosted by 1"
Centennial Bank. The next mixer will be Wednesday, July 20'h hosted by California Grill and co-hosted by Quality Nissan,
Mission Oaks National Bank and 94.5 KMYT
4th of Julv
Timmy Daniels - sub Committee chair
Everything is in place and set for the 4th of July Extravaganza. Last Day to turn in give-away will be Monday, June 27th.
Committee will be loading the van Friday, July 1st at 3:00 p.m. Nuri from Trinity Events and Terry Kosycarz will bring pop-
up tent Friday, July 1".
The Chamber Information booth was a huge success. As Daniels announced and encouraged every one to visit the
Chamber booth many people stop by; as well as some from out of state currently visiting Temecula. Give away from
participating members went like hot cakes. Chamber information, City information as well as the Tourism information
were all given to anyone visiting the booth. Daniels thanks all the businesses that donated for the grand basket give-a-
way. Unfortunately the winner was not available. Staff will follow up. Staff also would like to encourage for the volunteer
to call if they are not able to participate so that another arrangement can be done ahead of time. Otherwise everything
went well. A huge "thank you" to Kirby Bown, Carole Crocker, Teresa Kosycarz, Judy Zulfiqar, Jack Harlan, LaVonna
Lacy and Bob Bryant.
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c
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Ambassadors
Judy Zulfiqar - sub Committee Chair
Next quarterly ambassadors meeting is schedule for Tuesday, July 19th 8:00 a.m. chamber office.
Ambassador Training will be Tuesday, August 16'h 8:00 a.m. chamber office.
Generation Y
Solange Sheppy - sub Committee Chair
NO REPORT
Membership Workshop
Ann Preston/BiII Seltzer - sub Committee Chairs
NO REPORT
Meeting adjourned:
Next Meeting Date: Wednesday, July 13, 2005 at 8:00am
Chamber Boardroom
Sponsored By: Community Little Book
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Southwest California Legislative Council
A Joint Committee of Temecula, Murrieta, and Lake Elsinore Chambers of Commerce
Meeting Minutes . :
Monday, June 20, 2005
Temecula Valley Chamber of Commerce
Committee Chair:
Gene Wunderlich (Present)
Chamber Advocacy: Shaun Lumachi (Present)
Directors Present: Isaac Lizarraga, Scott Crane, Glen Daigle, Dennis Frank, Tom Kenney, Karen
Wikert, , Amber Wiens, Tim Kuzelka, Greg Morrison
Directors Absent: Billie Blair, Craig Schleuniger, Joan Sparkman, Carl Johnson, Paul O'Neal, Roger
Ziemer
Members Present: Jeff Greene, Jonathan Sassani, Debra Reed, Alex Braicovich, Dave
Willmon
Staff: Kim Cousins - Lake Elsinore; Laura Turnbow - Temecula
I. Meeting was called to order by Wunderlich at 12:05pm
II. Self Introductions
III. Approval of 05/16/2005 Minutes
Kenney made a motion to approve the May 16, 2005 meeting minutes as written. Wikert
seconded the motion, which carried.
IV. Guest Presentation
Terry Wittington and Kathleen Hamilton of Save Our Southwest Hillsides gave a presentation
regarding the gravel quarry project south of Temecula proposed by Granite Construction. The
project site is adjacent to the 4,344-acre Santa Margarita Ecological Reserve. The reserve is
the site for over 70 ongoing research projects. The SOS-Hillsides committee feels the quarry
would have a negative impact on the Reserve's research and the environment. Wittington
offered tours of the reserve to those interested. Granite Construction will make a presentation
to this committee during the July committee meting.
V. Sacramento Trip Update
Frank offered a recap of the trip to Sacramento during the recent Legislative Conference. The
committee drafted several position papers to present to legislative personnel. The position
papers included the Ben Clark Training Center for Homeland Security Administration and
financial issues facing Mt. San Jacinto College, which is the fastest growing community
college in the state of California. A third position paper dealt with workers compensation
issues that continue to impact businesses. Legislators were very impressed with our
professional approach in bringing issues forward and the number of businesses the SWC
Legislative Council represents.
VI. Tourism Fundinq
a. Lumachi recapped the fact that for the past two years the funding allotted for tourism
marketing has been reallocated to other areas. Governor Schwarzenegger has
recommended that $7 million be placed back in the budget to market California, however
the legislature has not supported his proposal. Tourism is of great value to California and
1
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to Temecula. The California Chamber has requested support in keeping the $7 million in
tourism marketing in the budget. Without objective data to justify the spending of these
dollars for marketing the committee discussed the difficulty in supporting the expense.
Kuzelka made a motion to take a vote. Kenney seconded the plotion. After
discussion Frank amended the motion to support agenda item 3. Wiens seconded
the motion. Seven votes were cast in support of the motion, three votes cast in
opposition. Motion carried. Lumachi will research information as to the return on
investment related to spending the funding to market California. Frank stressed that this is
a very sensitive issue and to carefully consider the information as it becomes available
prior to taking a position.
VII. Public Utility Holdinq Company Act
a. This item has been tabled until the July meeting.
VIII. CAFTA
a. Lumachi provided additional on the U.S. Chamber's position on CAFTA. Lumachi
stated that the American Fanm Bureau has stated that the passing of CAFTA would
boost agricultural exports by $900 million annually. The Temecula Winegrower's
Association has not taken a position on this issue. The majority of agricultural
markets support the agreement, however some of the specialized growers such as
the avocado industry do not support this agreement. Morrison made a motion to
continue this issue pending information on the standings of Riverside, San
Diego and Imperial County Farm Bureaus of this issue. Wikert seconded the
motion, which carried.
IX. Leqislative Report
a. Lumachi proposed to delete from our watch list those bills that have died or
become two-year bills, as noted in Agenda Item #5. Morrison made a motion to
delete the dead bills. Frank seconded the motion, which carried.
b. Newly Proposed bills:
SB 399 - Health Services, 3'd Party Liability: Morrison made a motion to oppose as
written. Kenney seconded the motion, which carried.
SB 760 - Port Regulatory fee: Morrison made a motion to oppose as written. Frank
seconded the motion, which carried.
AB 1093 - Wages: Morrison made a motion to support as written. Kuzelka seconded
motion, which carried.
SB 833 - Unsolicited Advertising Faxes: This legislation does not have an allowance
for faxing to numbers where a business relationship has been established. Frank
made a motion to oppose as written. Kenney Seconded the motion, which carried.
SB 409 - General Plans, conservation element Position - Oppose
SB 762 - Vehicular Sources: California Intermodal
Port Congestion and Environmental Quality Position - Oppose
AB 581 - Public Works wages Position - Oppose
SB 174- Minimum Wage Position - Oppose
Morrison made a motion to support the above stated positions. Frank seconded the
motion, which carried.
c. Lumachi requested that all Chamber executives review the proposed E-alerts and
offer input so that we can begin forwarding alerts to our members.
x.
State reports
a. Assemblyman John Benoit - Sassani stated that Assemblyman Benoit thanked the council
members for presenting the position papers in Sacramento. Sassani presented two recent
editions of Assemblymember Benoit's newsletter.
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b. Assemblyman Ray Haynes - Greene stated that the budget might be presented earlier
than expected. The VLF issue has not yet been decided upon.
XI. Leaaue of Cali fomi a Cities .
Willmon recapped the details of the VLF issue in which Governor Schwarzenegger has
proposed to repay 50% of these funds back one year earlier than originally mandated in
Proposition 1A. Willmon requested the SWC Legislative Council's support on this issue. Due
to the fact that all three Chambers took a position in support of Proposition 1A,
Morrison made a motion to support this issue. Crane seconded the motion, which
carried.
XII. Leaislative Reports
a. Congressman Issa - No report.
XIII. County Reports
No reports.
XIV. Chamber Reports
a. Lake Elsinore - Cousins reported that there is an All Chamber Mixer scheduled for
Thursday, June 30th at the Lake Elsinore Storm Diamond. Cousins also requested that
meeting agendas and materials be forwarded to committee members with enough time for
members to review prior to the meeting.
b. Murrieta - Wunderlich congratulated The Gas Company and Law Office of Timothy
Kuzelka for their recent award recognition at the Murrieta Chamber Installation.
c. Temecula- Morrison announced that seats are available for Thursday's June 23'd
Economic Outlook. The cost to attend is $30.
XV. Meeting adjourned.
3
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Temecula Valley Chamber of Commerce
Special Events Committee
Meeting Minutes
June 21, 2005
Chairperson: Melodee Leavitt
Board Liaisons: Kelly Daniels and Bette Endresen
Co-Chair: Karen Ratkowski
Members Present: Carolyn Tidmus, Lalli Esparza, Bette Endresen, Julie-Ann Forcum, Julie
Ngo, Kelly Daniels, Melodee Leavitt, Jennifer with USA Federal Credit Union, Rose Kamppila,
AbdelAJnarouche
Board Present: Bette Endresen, Kelly Daniels
Staff Present: Alice Sullivan, Jennifer Malek, Michelle Knowles and Melissa Hayer
Approval of Minutes
Forcum made a motion to approve the May 17, 2005 meeting minutes as written. Ngo second the
motion, which carried.
Golf Classic Recap
Hayer reported the total net income for the Golf Tournament is $26,386.35. We were slightly
under budget due to the catering cost was about $2000 higher than budgeted. Next year the staff
will confirm with sponsors exactly what alcohol is brought out to the tournament. We will limit
the amount of alcohol that is served. Esparza reported Temecula Creek Inn is liable for all the
alcohol that is brought out by the sponsors and could lose their liquor license should any
accidents occur.
Economic Outlook Conference
The event will take place this Thursday at Temecula Creek Inn. Set-up will be at 2:30p.m. Seats
are still available. Volunteers will be needed to seat guests and sponsors.
Monte Carlo Extravaeanza
This year's event will take place on Wednesday, September 21st at Wilson Creek Winery from
5:30 p.m. to 8:30 p.m. Harrah's Rincon Casino & Resort is the Casino Sponsor. Toyota of
Temecula Valley is the Cash Prize Sponsor. The High Rollers Sponsorship is available. The
sponsorship amount is $2000. Other sponsorships are also available. The next committee
meeting will be Wednesday, June 29th at 2:00p.m. .
Southwest California Le!!:islative Summit
All sponsorships are secured. Speakers confirmed to date are: Assemblyman John Benoit,
Senator Dennis Hollingsworth, Dan Walters, Insurance Commissioner John Garamendi, Anthony
Miranda and Assemblyman Russ Bogh. The committee is working on securing a speaker with
the Public Utilities Commission. The event is set to take place at Pechanga Resort & Casino on
Friday, September 30th from 7:30 a.m. to 10:00 a.m.
Business Showcase
The Board of Directors agreed to hold the event at Temeku Hills on Wednesday, October 26th
from 5:30 p.m. to 8:00 p.m. Staff will visit Temeku Hills to measure and walk through the
facility. The Board voted against having the event at the Promenade due to the long hours of the
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event; exhibitors would need to be present from 10:00 a.m. to 9:00 p.m., which is difficult for
small business owners.
Board Update
· Sullivan reported Dayne Wagoner with Edge Development and Tom Paradis with The Press-
Enterprise has been appointed as new Board of Directors.
· The CVB is working on the Tourism Improvement District Funding.
· The proof of the new Visitors Guide will be available end of July.
· Dippin Dots will have a grand opening this Saturday from 12 - 3 p.m.
· Southwest California Legislative Council just went to Sacramento for the California
Legislative Summit. The committee has been very active.
· The Awards Gala is gearing up. Kelly Daniels and Karen Ratkowski will Chair and Co-
Chair this year's 40th Annual Awards Gala.
Committee Updates
· Networking Breakfast will be Wednesday, June 22nd at Embassy Suites Hotel-T.V. Wine
Country.
· The Chamber will have a booth at the Ronald Reagan Sports Park on the 4th of July.
Volunteers are needed.
. Welburn Gourd Festival will take place this weekend.
Next Meetin!! Date
Tuesday, July 19, 2005 at 11 :30 a.m. at the TYCC
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ECONOMIC DEVEWPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
BUSINESS RELATIONS COMMlITEE MEETING
Thursday, June 2, 2005 - 9:00 a.m.
Southwest Community Bank
26755 Jefferson Avenue, Suite C, Murrieta, CA 92562
Committee Members Present:
Chris Binkley, Chris Binkley & Associates
Lisa Marie Ells, Cutting Edge Staffing
Lalli Esparza, CDM Group, Inc.
Cheryl Ferru1li, CLF Financial
Ashley Jones, City of Murrieta
Chris Masino, CDM Group, Inc.
Jim O'Grady, City ofTemecula
Rex Oliver, Murrieta Chamber of Commerce
Joanna Quigley, Wells Fargo Bank
Diane Sessions, EDC
Harry Shank, Southwest Community Bank
Alice Sullivan, Temecula Valley Chamber of Commerce
Guests:
CaD To Order
· In the absence of Chair Stan Harter, Diane Sessions called the meeting to order at 9:00 a.m.
FoDow-Up Action Reports
· Temecula VaDey RV - training and recruitment assistance
· Mission Oaks National Bank - requested demographics
· Opti-Forms - recruitment assistance
Companv Contact Reports
· Temecula VaDey RV Services, Inc. - Harry Shank reported on a visit with Erik KitIe and Guy
Kin""'''n, owners of Temecula Valley RV Services in Temecu1a. The company provides RV sales and
service, and parts and storage for RVs. Temecula RV began its operations locally 9 years ago. Business
advantages and disadvantages were noted as population growth and lack of qualified employees,
respectively. The industry as a whole was noted as growing because of the economy and the increase in
local tourism since 9-11. Primary customers were noted as repeat business and warranty relationships
with manufacturers located within a fifty-mile radius. Material and supplies used were RV parts and
products. The local auto and RV parts stores were the company's primary vendors/suppliers. The
introduction of new products anticipated in the next 2 years was noted as improved parts. The existing
5,500-square-foot, owner-occupied facility on 3.2 acres was operating at 110010 capacity in one and a half
shifts. The owners indicated they planned to relocate the facility to Murrieta in order to expand to
20,000 square feet on 7 acres. The company employed 28 full-time employees who live in
Temecula/Murrieta (13/12), Lake EIsinorelWildomar (1), Hemet!San Jacinto (I), Sun CitylMenifee (I),
and San Diego (I). There were plans to increase the workforce by 5 employees. The company had
recruitment problems and found that finding qualified employees was very limited. A recruitment
advantage was noted as the residents who want to work locally. A recruitment disadvantage was noted
as the lack of lrained mechanics that are available.
EDC Business Relations Committee Meeting
Minutes - June 2, 2005
Page 20f4
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Required skills for Temecula RV's workforce were noted as mechanical knowledge, computer, basic
skills and good work ethics. The owners would like to see mechanical training offered at community or
vocational schools.
· Boston Scientific - Lisa Marie Ells reported on a brief phone visit with Kermit Stott of Boston
Scientific. She reported that the company was moving out of the area to maple Grove, MN in December
2005.
Mission Oaks National Bank - Stan Harter reported on a phone visit with Maryann Edwards, vice
president of Mission Oaks National Bank. The full-service commercial bank began its operations locally
4 years ago and has branches in Temecula (2), Ontario (I), and has 4 LPS offices. Business advantages
were noted as population growth, strong local economy, and business disadvantages were the high
commuter population and no local major air or rail transportation hub. The industry as a whole was
noted as growing because of the economy. Primary customers were noted as smaII- to medium-sized
businesses and high-inC()me households. Material and supplies used were printed supplies and
information technology. The bank used local vendors and suppliers for printing, graphic design, and
technical services. The bank has introduced new services in the past 3-5 years and planned to introduce
new products/services in the next 2 years. 'fbnle banks are located in both owned and leased buildings
totaling 13,000 square-foot There were plans to expand into Ontario, CA in the foreseeable future.
Special technology used were noted as a T1 line, Fed. Line, encrypted routers, firewalls, internal secure
networks, online banking and high-speed point-to-point transactions. The bank would benefit from
improved infrastructure of telecommunication technology. The bank employed 40 full-time employees at
one location and 80 total at all locations who live in TemeculalMurrieta (50), Lake ElsinorelWildomar
(2), Sun CitylMenifee (1), San Diego (3), and Los Angeles (4). There were plans to increase the
workforce by 10 employees for the Ontario expansion opening July 2005. The bank had no recruitment
problems and used the newspaper and internal promotion as the primaIy recruitment methods. One
hundred percent of all positions required the following skiIIs: technical, computer, automated office,
finance, knowledge of federal rules and regulations, basic skiIIs and good communication. Bank
executives were happy doing business in Southwest California and would be willing to be contacts for
businesses relocating to the area.
Fast Signs - Stan Harter reported on a visit with Lee Tussing, owner of Fast Signs in Temecula. The
company makes signs and began its operations locally in 1991. . A business advantage was noted as
population growth and there were no business disadvantages noted. The industry as a whole was noted
as growing because of the population growth. Primary customers were noted as other local businesses of
all sizes and the company's primaIy market was local. Material and supplies used were plastic sheet
goods. The company used local vendors and suppliers and had no import/export activities. There were
no plans to introduce new products or services in the next 2 years. Fast Signs occupied a leased 2,200-
square-foot building and was operating at 85% capacity in one shift. There were no plans to expand in
the foreseeable future. The company would benefit from improved infrastructure of telecommunication
technology. Fast Signs employed 7 full-time employees who lived in TemecuIa/Murrieta (4), other
Riverside areas (2), and San Diego (1). There were no plans to increase or decrease the workforce in the
foreseeable future. There were no recruitment issues noted and the company's recruitment method used
was word-of-mouth. Skills required by the workforce were noted as computer and basic skills, The
owner was happy doing business in Southwest California and would be willing to be a contact person for
businesses relocating to the area.
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liDC Business Relations Committee Meeting
Minutes - June 2, 2005
Page 3 of4
Opti-Fonns, Ine. - Alice Sullivan reported on a visit that she and Lalli EspllIZll paid to Peter, controller
of Opti-Forms in Temecula The company manufactured customized forms using precision electro
optics and optical coatings. Opti-Forms began its operations locally 21 years ago. Business advantages
were noted as climate and low-cost staffing. Business disadvantages were noted as traffic and limited
professionals such as engineers. The industry as a whole was noted as growing because of new
technology. Primary customers were located worldwide such as government agencies, makers of search
lights, and many other companies that required custom forming and coating. Raw materials used were
nickel, gold and steel.' The company used local vendors and suppliers and also had import/export
activities. The company had introduced new products in the past 3-5 years and planned to introduce
hand held search lights in the next 2 years. Opti-Forms owned and occupied a 28,OOO-square-foot
building and planned to expand another 24,000 square-feet that would create 10 new positions. The
company would benefit from improved infrastructure of telecommunication technology. Special
technology used was auto electric equipment The company employed 55 full-time employees who lived
in TemeculalMurrieta (2oolo), Lake Elsinore/Wildomar (3oolo), and San Diego (loolo). There were no
recruitment issues noted and the company's recruitment method used was through the Employment
Development Department. Twenty percent of the workforce required technical skills. Technical and
vocational trade training would be a benefit to the company. The EDC could help with recruitment. The
owner was happy doing business in Southwest California and would be willing to be a contact person for
businesses relocating to the area
Solid State Stamping - Cheryl Ferrulli reported on a visit with Brad Adams, CEO/owner of Solid State
Stamping in Temecula The company manufactured car engine control connections and began its
operations in 1981. The company relocated to Temecula in 1988 due to low operating costs. Business
disadvantages were noted as traffic. The industry as a whole was noted as stable. Primary customers
were the automotive industry located worldwide. Materials used were metal wire and brass strips. The
company did not use local vendors and suppliers and also had import/export activities. The company
had introduced new products in the past 3-5 years and planned to introduce new products in the next 2
years. Solid State Stamping occupied two leased 48,000 aud l7,OOO-square-foot buildings. There were
no plans to expand the facility or workforce in the foreseeable future. The company would benefit from
improved telecommunications infrastructw'e, Special technology used was fiber optics, The company
employed 101 full-time employees who lived in Temecu1a/M1JDieta (8oolo) and Lake Elsinore/WIldomar
(20%). The company indicated problems with recruitment but no specific issues were noted.
Recruitment methods used were newspaper and word-of-mouth. One hundred percent of the workforce
required specialized skills. Machining training would be a benefit to the company. Challenges facing
the company are the high operating costs and Worker's Compensation insurance. The owner was happy
doing business in Southwest California and would be willing to be a contact person for businesses
relocating to the area
Annual Goal ReDort
· Stan Harter announced that visits and phone interviews in the tenth month of the fiscal year were as
follows: Goal: 60 surveys completed.
xm.
Goal
Actual
VISIT
PHONE
2(1
2
SURVEYS
60
22
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EDC Business Relations Committee Meeting
Minutes - June 2, 2005
Page 4 of4
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ODeD Diseussion
. The committee discussed recruitment challenges with many companies and agreed that creating an
awareness with local companies that wages was a factor in recruiting successfully. It was suggested that
the Economic Alliance job database be promoted more heavily.
. EDC Board Update - Diane Sessions announced the EDC golf tournament on June 10; the 2005-2006
budget was approved; the EDC sent a letter of support to Sheriff Bob Doyle in support of the Homeland
Security training facility at the Ben Clarlc Training Center; and the June board meeting would be held at
Diamond Valley Lake.
· General Announcements - City of Temeeula - Jim O'Grady announced the NAIOP event on June 9;
the Redhawk annexation celebration on July 2; Dr. John Husing would present the updated demographic
report to the Council on June 28; the Higher Ed center was approved by the Planning Commission and
would go to Council soon; Town Plaza center would get a "face lift"; and the draft budget would go to
Council on June 14 for approval, which included capital improvements to wireless connection in Old
Town. Temecula Valley Chamber of Commerce - Alice Sullivan reported the Economic Outlook was
scheduled for June 23 at 3:30 p.m.; the Chamber's Legislative Days trip to Sacramento was very
successful; and the Legislative Summit was scheduled for September 30. City of MurrietIl - Ashley
Jones reported on the upcoming Birthday Bash for the city on July 2; the Downtown celebration would
be held on July 16 with Concerts in the P8Ik; and a new restaurant called The Brick was opening soon.
Murrieta Chamber of Commerce - Rex Oliver reported on the new chamber board members and
provided. an update of activities of the Southwest California Legislative Council. City of Lake Elsinore -
no report available. Lake Elsinore VaUey Chamber ofCommeree: - No report available.
Adjournment
The meeting adjourned at 10:00 a.m.
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EDC.
Southwest Riverside CountY..
July 15,2005
Jim O'Grady
City ofTemecula
PO Box 9033
Temecula, CA 92589-9033
RE: EDC Activity Summary - June 2005
Business and Workforce Development
Staff responded to the following 7 business and workforce development requests in June 2005:
Date Lead Source Request Actiou Takeu
6/1/05 Phoue Client requested assistance with Referred clieut to Gregory Lee, Ecouomic Alliauce, for
site selection to open 3 franchise site selection / business attraction assistance.
fast food restaurants in Southwest
California.
6/7/05 Phone Client requested information on Provided client with the requested information.
the Higher Education Center in
Temecula
6/9/05 Phone Client requested information on Provided client with number of licensed businesses.
the number of businesses in
T emecula.
6/10/05 Phone Client requested loan assistance Provided client with contacts to SBA, SBDC, and
for low income family to start County of Riverside for possible business development
business. grants.
6/10/05 Phone Business client requested Provided client with requested contacts known to the
referrals for a local architect for EDC.
tenant improvement work.
6/17/05 Phone Orange County client requested Referred client to Gregory Lee, Economic Alliance.
business relocation information.
6/20/05 Phone Client requested statistics on Provided client partial data. EDC is researching data
projected growth of businesses relative to advertising.
and population in SW California,
and information on advertising
dollars spent by local companies
in the last vear.
Community Outreach
Staff and/or EDC directors attended the following meetings/events to promote or support
economic development/community outreach:
. Murrieta- Temecula Group Meeting (6/3)
. Temecula Valley Balloon & Wine Festival (6/3 - 6/5)
. NAIOP Conference (6/9)
Jim O'Grady
City of Temecula meeting cancelled due to the EDC golftoumament
EDC Activity Summary - June 2005
Page 2 of2
Community Outreach (continued)
. EDC nth Annual Golf Toumament (6/10)
. VCR Extension Community Program Review Committee (6/17)
. 2005 Economic Outlook Conference (6/23)
Business Retention
. Business Relations Committee Meeting (6/2) - Minutes are attached.
AdministrationlOrl!:anization
. EDC Education Committee (6/10) - meeting cancelled due to the EDC golf tournament
. EDC Industrial Committee Meeting (6/21)
. EDC Transportation and Infrastructure Committee Meeting - (6/9) meeting cancelled
due to the EDC golf tournament
. EDC Board of Directors Meeting (6/16) - Minutes are attached.
. Administration - Staff managed the daily operations of the EDC office; managed website
updates; coordinated the EDC Director nominations and elections; coordinated the EDC II th
Annual Golf Tournament; and emailed the following business development/community
announcements:
)0- EDC 11th Annual Golf Tournament
)0- Garamendi Recommends Workers Comp Decrease
)0- Breakfast Meeting with Garamendi
)0- NAIOP Inland Empire Event
)0- Lake Elsinore Valley Chamber of Commerce EDC Luncheon
)0- Lake Ellsinore Valley Chamber of Commerce I st Annual All Chamber Mixer
)0- 2005 Economic Outlook Conference
)0- Redhawk Annexation Celebration
This concludes the activity summary for June 2005. Should you have questions or need further
detail, please call me at 951.677.1862.
Respectfully,
-l)~ (5tM IPtn
/
Diane Sessions
Executive Director
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
BOARD OF DIRECTORS GENERAL MEETING MINUTES
Thursday, June 17,2005 - 9:00 a.m.
Diamond Valley Lake - Visitors' Center
Newport Road, Hemet, CA
DRAFT
DRAFT
BOARD MEMBERS
MEMBERS AND GUESTS
Ken Carlisle, Guidant Corporation
Scott Crane, Southwest Healthcare System
Dennis Frank, UC Riverside - Temecula Center
Stan Harter, Law Office of Stanley A. Harter
Keith Johnson, Mission Oaks National Bank
Ashley Jones, City of Murrieta
Gregory Lee, Southwest California Economic Alliance
Doug McAllister, City of Murrieta
Melanie Nieman, Eastern Municipal Water District
Roger Ziemer, The Gas Company
Dr. Billie Blair, Leading and Learning, Inc.
David Mackelroy, Diamond Valley Lake
Linda Pogenpahl, Metropolitan Water District
Tim Skrove, Metropolitan Water District
Gloria Wolnick, City of Temecula
EDC STAFF
Diane Sessions
CALL TO ORDER
. Board President Dennis Frank called the meeting to order at 9:05 a.m. He welcomed members and guests
and led self introductions.
APPROVE AGENDA
. Motion made by Roger Ziemer, seconded by Doug McAllister and carried unanimously to approve the
agenda as amended by adding agenda item 5b. Amend Operating Budget FY 2005-2006 under New
Business.
PRESENTATION
. For the purpose of a special presentation by Metropolitan Water District, EDC business commenced after
the special program. The Board viewed a PowerPoint presentation on recreational and other activities at
Diamond Valley Lake. A question and answer session followed the presentation. Dennis Frank thanked
those from Metropolitan Water District for their hospitality.
MINUTES
. The Board reviewed the minutes of the May 19, 2005 Board of Directors Meeting. Motion made by Ken
Carlisle, seconded by Roger Ziemer and carried unanimously to approve the minutes as presented.
FINANCIAL REPORT
. May 31, 2005 Financial Report: The Board reviewed the May 31,2005 Financial Report that showed total
monthly revenues of $27,765, total expenses of $7,045 and total cash-in-bank of$112,060. Motion made by
Keith Johnson, seconded by Scott Crane and carried unanimously to approve the May 31, 2005 Financial
Report as presented.
. Amend Operating Budget FY 2005-2006: The Board reviewed the proposed amendments to the 2005-
2006 Operating Budget. Diane Sessions reported that amendments were a result of the Board's action to
approve the draft budget as amended at the May 19, 2005 board meeting with changes to salary expenses.
Economic Development Corporation
of Southwest Riverside County
Board of Directors Meeting - June 16,2005
Minutes - Page 2 of 4
She further reported that adjustments were made in both revenue and expense line items in order to achieve
a zero-balanced budget. Motion made by Roger Ziemer, seconded by Ken Carlisle and carried unanimously
to amend the 2005-2006 Operating Budget to reflect changes to the following line items: Membership Cash
Income, Interest Income, Workers' Comp Expenses, Director Payroll Expenses, Administrative Assistant
Salary Expenses, Membership Expenses, and Special Projects Expenses.
NEW BUSINESS
. Ratify 2005 Directors-At-Large Election Ballot: Motion made by Scott Crane, seconded by Roger Ziemer
and carried unanimously to ratify the 2005 Directors-At-Large Election Ballot. Diane Sessions reported that
election ballots would be emailed to all EDC members in good standing that were eligible to vote, in
accordance with the Bylaws, and that members would be instructed to return ballots no later than July 20,
2005.
. Appoint 2005 Inspectors of Election: Motion made by Roger Ziemer, seconded b Doug McAllister and
carried unanimously to appoint Diane Sessions, Kimberly Freize-Uhler, and Gregory Lee as Inspectors of
Election to tally the Director-At-Large election ballots.
. Board Meeting Attendance: Dennis Frank recommended that staff send out individual attendance records
to board members.
CONTINUING BUSINESS
. EDC Golf Tournament Update - In Gary Youmans' absence, Diane Sessions reported the EDC golf
tournament was a success and that a reconciliation of revenues and expenses would be completed soon.
Roger Ziemer recommended that next year's tournament include a contest between utilities. Doug
McAllister recommended a contest amongst City Councilmembers.
. Update on New EDC Logo and Letterhead Project: Diane Sessions reported that she and Kimberly
Freize-Uhler met with graphic designer Lenore Johnson to finalize the new EDC logo. There were further
revisions to the logo that added boldness to the lettering. Ms. Sessions stated that dimensions of the
previously-approved new logo were too delicate in design and would not reproduce very well on printed
material when reduced in size. She recommended that further design enhancements be considered before
the logo was finalized.
. Update on Southwest California Television Station: Doug McAllister reported that committee members
were connecting Kevin Page with Comcast executives for further discussion. Councilmembers of Lake
Elsinore, Murrieta, and Temecula were asked to write letters of support to Comcast. The Board discussed
the current televised offerings of the station and agreed that its quality of programming and content should
be improved.
. Utilities Updates: Gas - Roger Ziemer reported on the demand for natural gas and import plans. He
provided handouts on liquid natural gas (LGN) terminals. The outlook for 2005 was positive. Water-
Melanie Nieman reported on Metropolitan Water District's (MWD) customer satisfaction survey, which
showed very positive results. Reliability was a common concern for many survey respondents. Eastern
Municipal Water District was securing grant funds to pay for continual water delivery improvements.
Telecommunications - Dennis Frank reported that a meeting was scheduled with a representative of Time
Warner Telecom to discuss fiber optics. He further reported on the upcoming merger of Comcast and
Adelphia under the Time Warner name. Electricity - No report.
Economic Development Corporation
of Southwest Riverside County
Board of Directors Meeting - June 16, 2005
Minutes - Page 3 of 4
. EDC Committee Updates: Business Relations Committee - Diane Sessions reported there were new
enthusiastic committee members who were pleased to make retention visits.
Business Attraction Committee - Gregory Lee reported the NAIOP (National Association of Office and
Industrial Properties) event was a success and thanked Dennis Frank for his excellent participation as
moderator. He suggested this event become a road show into San Diego, which was a target market for the
Economic Alliance. Education Committee - No report. Industrial Committee - Roger Ziemer reported
that he attended an awards banquet hosted by the Chaparral robotics team. Transportation and
Infrastructure Committee - No report.
OPEN DISCUSSION
. EDC Administrative Update: The Board reviewed the May 2005 Activity Report submitted by Diane
Sessions.
. City/County Updates: City of Lake Elsinore - No report. City of Murrieta - Doug McAllister reported
on the City's attendance at the recent International Convention of Shopping Centers (lCSC) in Las Vegas.
He attended with Councilman Rick Gibbs and consultant Jack Van Haaster, and commended both for their
positive representation and productivity at ICSC. Councilman McAllister announced that his office hours at
City Hall were on Thursdays, Councilman Enochs' hours on Tuesdays, and Councilman Gibbs' on Friday.
Other announcements included Gwen Hunter as the new administrative assistant in the City Manager's
office; the Murrieta Chamber's installation dinner would be held this Saturday; and July 2 was the City's
Birthday Bash, which was a beach theme and would include a fireworks show in the evening. City of
Temecula - Gloria Wolnick reported that a site plan for the Higher Education Center would go to Council
on June 28. Construction would begin in Fall 2005 with anticipated occupancy by Fall 2006. Ms. Wolnick
further reported that Verizon would begin installation of fiber optics within Temecula city limits sometime
in July, which would take one year to complete; Temecula Valley Wine would open in Old Town Temecula
on July 2; the Redhawk Annexation Celebration would be held on July 2; the annual Independence Day
parade was scheduled on July 4; and the City of Temecula participated in a co-op marketing ad campaign in
celebration of Disney's 50th anniversary, which appeared in USA Today. Riverside County - Gregory Lee
reported the Wine Country Beautification Project was approximately 90 days out and Riverside County
EDA was fast tracking a 26-acre retail shopping project in French Valley. Lake Elsinore Chamber - No
report. Murrieta Chamber - See City of Murrieta report. Temecula Chamber - No report. Other
Announcements: Southwest Healthcare System - Scott Crane reported the Environmental Impact Report
for the new hospital would be completed in September 2005. Guidant Corporation - Ken Carlisle reported
the Johnson & Johnson merger was moving forward and was anticipated to be finalized by the end of the 4th
quarter. He further announced that Guidant would hold a job fair to add 300 new positions. Southwest
California Legislative Council - Dennis Frank reported that Legislative Council members traveled to
Sacramento and had the opportunity to lobby for the Homeland Security Training Facility, the new
Southwest California television station, and the Mt. San Jacinto College education center. Granite
Construction Site in Temecula - Dennis Frank reported the EDC should closely watch the proposed granite
construction site in Rainbow, which bordered Temecula city limits. He further reported that Wine Country
continued to have zoning and land use challenges by those who wish to bring non-agriculture projects into
Wine Country. Dr. Billie Blair offered to keep abreast of these issues and to share legislative information to
the EDC Board in her role as Chair of the Government and Public Relations Committee, Temecula
Chamber's Convention and Visitors Bureau.
Economic Development Corporation
of Southwest Riverside County
Board of Directors Meeting - June 16, 2005
Minutes - Page 4 of 4
ADJOURNMENT
· Dennis Frank thanked Board Member Melanie Nieman for arranging the conference room for the board
meeting and the tour of Diamond Valley Lake. At 10:40 a.m., motion was made by Scott Crane, seconded
by Roger Ziemer and carried unanimously to adjourn the board meeting.
Respectively submitted by:
Diane Sessions
Recording Secretary
Scott Crane
Board Secretary
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
BUSINESS RELATIONS COMMITTEE MEETING
Thursday, June 2, 2005 - 9:00 a.m.
Southwest Community Bank
26755 Jefferson Avenue, Suite C, Murrieta, CA 92562
Committee Members Present:
Chris Binkley, Chris Binkley & Associates
Lisa Marie Ells, Cutting Edge Staffing
Lalli Esparza, CDM Group, Inc.
Cheryl Ferrulli, CLF Financial
Ashley Jones, City of Murrieta
Chris Masino, CDM Group, Inc.
Jim O'Grady, City of Temecula
Rex Oliver, Murrieta Chamber of Commerce
Joanna Quigley, Wells Fargo Bank
Diane Sessions, EDC
Harry Shank, Southwest Community Bank
Alice Sullivan, Temecula Valley Chamber of Commerce
Guests:
Call To Order
. In the absence of Chair Stan Harter, Diane Sessions called the meeting to order at 9:00 a.m.
Follow-Up Action Reports
. Temecula Valley RV - training and recruitment assistance
. Mission Oaks National Bank - requested demographics
. Opti-Forms - recruitment assistance
Companv Contact Reports
. Temecula Valley RV Services, Inc. - Harry Shank reported on a visit with Erik Kitle and Guy
Kinsman, owners of Temecula Valley RV Services in Temecula. The company provides RV sales and
service, and parts and storage for RVs. Temecula RV began its operations locally 9 years ago. Business
advantages and disadvantages were noted as population growth and lack of qualified employees,
respectively. The industry as a whole was noted as growing because of the economy and the increase in
local tourism since 9-11. Primary customers were noted as repeat business and warranty relationships
with manufacturers located within a fifty-mile radius. Material and supplies used were RV parts and
products. The local auto and RV parts stores were the company's primary vendors/suppliers. The
introduction of new products anticipated in the next 2 years was noted as improved parts. The existing
5,500-square-foot, owner-occupied facility on 3.2 acres was operating at 110% capacity in one and a half
shifts. The owners indicated they planned to relocate the facility to Murrieta in order to expand to
20,000 square feet on 7 acres. The company employed 28 full-time employees who live in
TemeculalMurrieta (13/12), Lake Elsinore/Wildomar (1), Hemel/San Jacinto (1), Sun City/Menifee (1),
and San Diego (1). There were plans to increase the workforce by 5 employees. The company had
recruitment problems and found that finding qualified employees was very limited. A recruitment
advantage was noted as the residents who want to work locally. A recruitment disadvantage was noted
as the lack of trained mechanics that are available.
EDC Business Relations Committee Meeting
Minutes - June 2, 2005
Page 2 of 4
Required skills for Temecula RV's workforce were noted as mechanical knowledge, computer, basic
skills and good work ethics. The owners would like to see mechanical training offered at community or
vocational schools.
. Boston Scientific - Lisa Marie Ells reported on a brief phone visit with Kermit Stott of Boston
Scientific. She reported that the company was moving out of the area to maple Grove, MN in December
2005.
Mission Oaks National Bank - Stan Harter reported on a phone visit with Maryann Edwards, vice
president of Mission Oaks National Banle The full-service commercial bank began its operations locally
4 years ago and has branches in Temecula (2), Ontario (I), and has 4 LPS offices. Business advantages
were noted as population growth, strong local economy, and business disadvantages were the high
commuter population and no local major air or rail transportation hub. The industry as a whole was
noted as growing because of the economy. Primary customers were noted as small- to medium-sized
businesses and high-income households. Material and supplies used were printed supplies and
information technology. The bank used local vendors and suppliers for printing, graphic design, and
technical services. The bank has introduced new services in the past 3-5 years and planned to introduce
new products/services in the next 2 years. Three banks are located in both owned and leased buildings
totaling 13,000 square-foot. There were plans to expand into Ontario, CA in the foreseeable future.
Special technology used were noted as a TI line, Fed. Line, encrypted routers, firewalls, internal secure
networks, online banking and high-speed point-to-point transactions. The bank would benefit from
improved infrastructure oftelecommunication technology. The bank employed 40 full-time employees at
one location and 80 total at all locations who live in TemeculalMurrieta (50), Lake Elsinore/Wildomar
(2), Sun City/Menifee (I), San Diego (3), and Los Angeles (4). There were plans to increase the
workforce by 10 employees for the Ontario expansion opening July 2005. The bank had no recruitment
problems and used the newspaper and internal promotion as the primary recruitment methods. One
hundred percent of all positions required the following skills: technical, computer, automated office,
finance, knowledge of federal rules and regulations, basic skills and good communication. Bank
executives were happy doing business in Southwest California and would be willing to be contacts for
businesses relocating to the area.
Fast Signs - Stan Harter reported on a visit with Lee Tussing, owner of Fast Signs in Temecula.' The
company makes signs and began its operations locally in 1991. A business advantage was noted as
population growth and there were no business disadvantages noted. The industry as a whole was noted
as growing because of the population growth. Primary customers were noted as other local businesses of
all sizes and the company's primary market was local. Material and supplies used were plastic sheet
goods. The company used local vendors and suppliers and had no import/export activities. There were
no plans to introduce new products or services in the next 2 years. Fast Signs occupied a leased 2,200-
square-foot building and was operating at 85% capacity in one shift. There were no plans to expand in
the foreseeable future. The company would benefit from improved infrastructure of telecommunication
technology. Fast Signs employed 7 full-time employees who lived in TemeculalMurrieta (4), other
Riverside areas (2), and San Diego (I). There were no plans to increase or decrease the workforce in the
foreseeable future. There were no recruitment issues noted and the company's recruitment method used
was word-of-mouth. Skills required by the workforce were noted as computer and basic skills. The
owner was happy doing business in Southwest California and would be willing to be a contact person for
businesses relocating to the area.
EDC Business Relations Committee Meeting
Minutes - June 2, 2005
Page 3 of 4
Opti-Forms, Inc. - Alice Sullivan reported on a visit that she and Lalli Esparza paid to Peter, controller
of Opti-Forms in Temecula. The company manufactured customized forms using precision electro
optics and optical coatings. Opti-Forms began its operations locally 21 years ago. Business advantages
were noted as climate and low-cost staffing. Business disadvantages were noted as traffic and limited
professionals such as engineers. The industry as a whole was noted as growing because of new
technology. Primary customers were located worldwide such as government agencies, makers of search
lights, and many other companies that required custom forming and coating. Raw materials used were
nickel, gold and steel. The company used local vendors and suppliers and also had import/export
activities. The company had introduced new products in the past 3-5 years and planned to introduce
hand held search lights in the next 2 years. Opti-Forms owned and occupied a 28,000-square-foot
building and planned to expand another 24,000 square-feet that would create 10 new positions. The
company would benefit from improved infrastructure of telecommunication technology. Special
technology used was auto electric equipment. The company employed 55 full-time employees who lived
in TemeculalMurrieta (20%), Lake ElsinorelWildomar (30%), and San Diego (10%). There were no
recruitment issues noted and the company's recruitment method used was through the Employment
Development Department. Twenty percent of the workforce required technical skills. Technical and
vocational trade training would be a benefit to the company. The EDC could help with recruitment. The
owner was happy doing business in Southwest California and would be willing to be a contact person for
businesses relocating to the area.
Solid State Stamping - Cheryl Ferrulli reported on a visit with Brad Adams, CEO/owner of Solid State
Stamping in Temecula. The company manufactured car engine control connections and began its
operations in 1981. The company relocated to Temecula in 1988 due to low operating costs. Business
disadvantages were noted as traffic. The industry as a whole was noted as stable. Primary customers
were the automotive industry located worldwide. Materials used were metal wire and brass strips. The
company did not use local vendors and suppliers and also had import/export activities. The company
had introduced new products in the past 3-5 years and planned to introduce new products in the next 2
years. Solid State Stamping occupied two leased 48,000 and 17,000-square-foot buildings. There were
no plans to expand the facility or workforce in the foreseeable future. The company would benefit from
improved telecommunications infrastructure, Special technology used was fiber optics. The company
employed 101 full-time employees who lived in TemeculalMurrieta (80%) and Lake ElsinorelWildomar
(20%). The company indicated problems with recruitment but no specific issues were noted.
Recruitment methods used were newspaper and word-of-mouth. One hundred percent of the workforce
required specialized skills. Machining training would be a benefit to the company. Challenges facing
the company are the high operating costs and Worker's Compensation insurance. The owner was happy
doing business in Southwest California and would be willing to be a contact person for businesses
relocating to the area.
Annual Goal Report
. Stan Harter announced that visits and phone interviews in the tenth month of the fiscal year were as
follows: Goal: 60 surveys completed.
YTD
Goal
Actual
VISIT
PHONE
20
2
SURVEYS
60
22
EDC Business Relations Committee Meeting
Minutes - June 2, 2005
Page 4 of 4
Open Discussion
· The committee discussed recruitment challenges with many companies and agreed that creating an
awareness with local companies that wages was a factor in recruiting successfully. It was suggested that
the Economic Alliance job database be promoted more heavily.
· EDC Board Update - Diane Sessions announced the EDC golf tournament on June 10; the 2005-2006
budget was approved; the EDC sent a letter of support to Sheriff Bob Doyle in support of the Homeland
Security training facility at the Ben Clark Training Center; and the June board meeting would be held at
Diamond Valley Lake.
· General Announcements - City of Temecula - Jim O'Grady announced the NAIOP event on June 9;
the Redhawk annexation celebration on July 2; Dr. John Husing would present the updated demographic
report to the Council on June 28; the Higher Ed center was approved by the Planning Commission and
would go to Council soon; Town Plaza center would get a "face lift"; and the draft budget would go to
Council on June 14 for approval, which included capital improvements to wireless connection in Old
Town. Temecula Valley Chamber of Commerce - Alice Sullivan reported the Economic Outlook was
scheduled for June 23 at 3:30 p.m.; the Chamber's Legislative Days trip to Sacramento was very
successful; and the Legislative Summit was scheduled for September 30. City of Murrieta - Ashley
Jones reported on the upcoming Birthday Bash for the city on July 2; the Downtown celebration would
be held on July 16 with Concerts in the Park; and a new restaurant called The Brick was opening soon.
Murrieta Chamber of Commerce - Rex Oliver reported on the new chamber board members and
provided an update of activities of the Southwest California Legislative Council. City of Lake Elsinore-
no report available. Lake Elsinore Valley Chamber of Commerce: - No report available.
Adiournment
The meeting adjourned at 10:00 a.m.
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
INDUSTRIAL COMMITTEE MEETING
Tuesday, June 21, 2005 - 8:30 a.m.
EDC Office - French Valley Airport
37552 Winchester Road, Murrieta, CA 92563
Committee Members Present:
John Fili, Solid State Stamping, Inc.
Bill Prouty, Global Education Systems
Del Ross, EDAC
Diane Sessions, EDC
Guests Present:
Michael Khaled, Ocean Consulting
Call To Order
Committee Chair John Fili called the meeting to order at 8:30 a.m. The Committee reviewed and
accepted the April 21, 2005 meeting minutes.
Review Previous Action Items
The Committee reviewed the following past action items:
1. Bill P/'()uty ta plY'nide the eammittee .vith samp!es a/the teaching materia!/er the Ad',Ylf'lccd
MflnujJeturing Ski!] 8ta.ndar-ds Ccrtificaticm pro/eet. Completed
2. Diane Sessions to schedule a steering committee meeting to discuss the future administration
of First Team. Ms. Sessions to contact the EDC Education Committee for its participation.
3. Diane 8cssialls ta pre.'ide the .1P!CS material ta De/lllis Frankfar rc':ic,1' and discus" its
partnership with the higfw' edueatian center. Completed
Committee Business
EDC Scholarship Foundation - John Fili reported that the Committee discussed the
concept of forming a scholarship foundation. He proposed to the EDC Board of Directors at
its May board meeting to: 1) start a scholarship foundation; 2) set awards criteria to tie in to
skills standards that would reach all the way back into the 9th grade, as presented by Bill
Prouty; 3) consider work experience with local companies as part of the criteria process; and
4) create several categories, i.e., finance, business, engineering, etc. The Board had not yet
approved the concept and recommended that the Committee research further the cost and
administrative process to form a scholarship foundation. Bill Prouty recommended that the
scholarships should not be limited to only high school students but also to students who were
enrolled in vocational training for manufacturing, engineering and industrial career paths.
Mr. Fili recommended the Committee contact EDC members to request their participation in
internship opportunities which would help students eam scholarship awards. Mr. Fili would
propose this project for Board approval at the July EDC Board of Directors meeting.
· Advanced Manufacturing Skills Standards Certification - Bill Prouty provided the
Committee with a sample questionnaire that was used to determine a company's workforce
skills. Mr. Prouty reported that the document helps establish a baseline in order to develop a
strategic intervention plan to prepare workers for certification testing. The program objective
was to certify approximately 25,000 workers in manufacturing applications throughout four
Southern California counties.
EDC Industrial Committee Meeting
Minutes - June 21, 2005
Page 2 of2
Mr. Prouty requested the Committee's assistance with forming a core group of manufacturers
in Southwest California to participate in certification training to achieve skills standards. The
first step was to assess where skills competency was needed in a company's workforce. The
second step was to provide the skills training identified in the assessment. The third step was
to certify the company's workforce and provide certificates of completion in skills standards.
Michael Khaled explained the certification process and curriculum requirements for training.
He further reported on the grant process of the State of California Employee Training Panel
and other federal funding entities to help pay for employee training. Mr. Khaled suggested
the EDC help build the core group of manufacturers and host a forum to present the skills
standards project to local manufacturers. John Fili suggested that Mr. Prouty and Mr. Khaled
draft a one-page summary that detailed the project and its objectives.
· Update on APICS Chapter - Diane Sessions reported that Dennis Frank and Ben Schlussel
were working on starting an APICS chapter in Southwest California, which might be located
within the new Education Center. Diane Sessions would follow up on how this process is
progressing.
· STEP Program - Diane Sessions reported that Ken Carlisle, EDC director and Guidant
executive, suggested the Committee consider participating in STEP (Science and Technology
Education Partnership). She further reported that STEP hosts an annual conference to
showcase high technology, hands-on exhibits and demonstrations. Ms. Sessions asked the
Committee if they would be interested in learning more about STEP and perhaps researching
further into hosting a science fair locally. This may be a good joint project with the EDC
Education Committee.
Other Business
· Announcements - Diane Sessions announced the Economic Outlook sponsored by the
Temecula Valley Chamber of Commerce was scheduled for Thursday, June 23 at 3 :30 p.m.
at Temecula Creek Inn.
· Del Ross suggested forming a permitting assistance committee to participate with governing
agencies in resource management, such as watershed environmental issues and other permit
policy issues. Diane Sessions reported that the EDC was forming an EDC Permit & Planning
Committee and invited Mr. Ross to join.
Review New Action Items
1. Mr. Fili to propose the scholarship foundation project to the EDC Board for approval at the
July board meeting.
2. Diane Sessions to contact EDC members to request their participation in internship
opportunities, which would help students earn scholarship awards. This action item is
contingent on the EDC Board's approval of the scholarship foundation project.
3. Mr. Prouty and Mr. Khaled to draft a one-page summary that details the skills standards
project and its objectives.
4. Diane Sessions to follow up with Ben Schlussel and Dennis Frank on how the formation of
the AP1CS chapter in Southwest California is progressing.
5. Diane Sessions to propose hosting a STEP science fair to the EDC Education Committee.
Adiournment
The meeting adjourned at 9:30 a.m.
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
JOINT MEETING OF THE
TRANSPORTATION & INFRASTRUCTURE AND INDUSTRIAL COMMITTEES
Thursday, May 12, 2005 - 8:30 a.m.
EDC Office - French Valley Airport
37552 Winchester Road, Murrieta, CA 92563
Committee Members Present:
Joseph Choi, California Bank & Trust
John Fili, Solid State Stamping, Inc. - Chair, EDC Industrial Committee
Dennis Frank, DC Riverside - Temecula
Keith Johnson, Mission Oaks National Bank
David Phares, D. L. Phares & Associates - Chair, EDC Transportation & Infrastructure Committee
Del Ross, EDAC
Diane Sessions, Economic Development Corporation
Roger Ziemer, The Gas Company
Call To Order
Committee Chairs John Fili and David Phares called the meeting to order at 8:39 a.m. and led self
introductions. Committee members congratulated John Fili on his recent promotion to Vice President
of Manufacturing Operations at Solid State Stamping.
New Business
· Industrial Committee Projects Update - Chair John Fili reported on the effort to bring an
APICS (American Production and Inventory Control Society) chapter to Southwest California.
Ben Schlussel and Dennis Frank were leading this project. Mr. Fili explained what APICS is
about and its importance in manufacturing. Other projects that the Industrial Committee was
working on were monthly "Shop Talks" and setting up a scholarship foundation. Mr. Fili
recommended that scholarships should be tied to work experience in order to support the EDC
mission of regional economic development. Scholarship awards should be allocated toward
students who participate in work experience. He recommended that the EDC Education
Committee partner in this project. Roger Ziemer reported on the architectural competition that
Southern California Gas sponsors.
Action Items: 1) Dennis Frank will research the possibility of housing APICS in the Higher-Ed
Center. 2) Roger Ziemer will research the terms for creating a scholarship foundation.
· Transportation & Infrastructure Committee Projects Update - Chair David Phares reported
on the committee's refocused efforts as a result of the recent S.W.O.T. event. There were a
number of survey comments made by event attendees that transportation routes were challenging
to businesses and residents. Mr. Phares suggested the Committee focus on transportation issues,
and he suggested that Bill Blankenship of the Building Industry Association be invited to attend
the June committee meeting. Mr. Phares further reported that a subcommittee be formed to
address permit and planning issues and assistance to businesses working with government
agencies and utility companies. Dennis Frank suggested that the Committee explore permit and
processing issue.s that could be integrated into Committee goals. The Committee discussed in
detail the need and importance to address issues related to building permitting and planning and
agreed to set some goals.
Joint Meeting of the
EDC Industrial and Transportation & Infrastructure Committees
Minutes - May 12, 2005
Page 2 of2
Mr. Phares suggested the P&P Committee could help coordinate and communicate with
developers and others who are involved in the pennitting process. Del Ross indicated his
interest in sitting on the committee. Key Issues such as traffic on local roads and freeways, and
building permitting were major concerns.
Action Items: I) Scott Hurst will contact Bill Blankenship from the BIA to join the Committee.
2) Diane Sessions will contact Diane Wirth from the Valley EDC, EDC Board Members Roger
Ziemer and Harry Shank, Bob Lopez with Edison, and Ashley Jones with the City of Murrieta to
join the Permit & Planning Committee.
Continuinl!: Business
· Foreign Trade Zone (FTZ) - David Phares reported on the importance of the Foreign Trade
Zone from the perspective of commercial real estate brokers and John Fili spoke from the
perspective of a manufacturer. Committee members discussed the need for a warehouse in the
region with FTZ benefits and agreed that such a facility would work well at French Valley
Airport.
Action Items: I) Diane Sessions to forward emails and other correspondence relative to the FTZ
project to committee members.
Committee Reports
. None
Other Announcements
. None
Review Previous Action Items
1) Diane Sessions will contact Diane Wirth from the Valley EDC, EDC Board Members Roger
Ziemer and Harry Shank, Bob Lopez with Edison, and Ashley Jones with the City of Murrieta to
join the Committee.
Adjournment
The meeting adjourned at 9:35 a.m.
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/~
Debbie Ubnoske, Director of Planning
DATE:
July 26, 2005
SUBJECT:
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department for the month of June.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 79 new applications for administrative, other minor cases, and home
occupations and l:1 applications for public hearings during the month of June. The new public
hearing cases are as follows:
DEVELOPMENT PLAN
CONDITIONAL USE PERMITS
TENTATIVE PARCEL MAP
TENTATIVE TRACT MAP
3
3
1
1
Status of Maior Proiects
New Proiects
. Marquis at Wolf Creek - Major Modification to craftsman style home plans in the Marquis home
product in Wolf Creek. Plans were submitted on June 6, 2005. A Pre-DRC meeting was held
on June 14, 2005. A comment letter was sent on June 28, 2005. (PA05-0169 - PETERS)
. Wolf Creek South Half Perimeter Wall Plans - Perimeter wall plans for the south half of Wolf
Creek bounded by Wolf Valley Road to the north, the Sports Park to the south, Redhawk to the
east, and Pechanga Parkway to the west. Plans were submitted on June 3, 2005. This project
is under review and a Pre-DRC was held on June 28,2005. A comment letter was sent on June
30,2005. (PA05-0339 - PETERS)
. Wolf Creek Private Recreation Facility - An Administrative Development Plan for the Wolf Creek
Private Recreation Center including an administrative building, pool, volleyball court, play area,
R:\MONTHL Y.RP1\200516.2005 Report.doc
and grounds located at Wolf Creek Drive approximately 1,000 feet south of Wolf Creek Road
and the Fire station property. Plans for this project were submitted on June 8, 2005. This
project is under review and a Pre-DRC meeting was held on June 21,2005. A comment letter
was sent on June 23, 2005. (PA05-0144 - PETERS)
· Dalton 11- A Development Plan/Conditional Use Permit application submitted on June 6, 2005
for a 25,000 square foot mixed use retail/multi-family residential building located at 41945 5th
Street. The project was approved at the July 6,2005 Planning Commission hearing, subject to
Council approval of the proposed building height. The project is scheduled for the July 12, 2005
City Council hearing. (PA05-0171 - FISK)
. Grainger will call - A Conditional Use Permit submitted on June 13, 2005 to operate a will call
center for package pick up in an existing building. The project is located at 41625 Enterprise
Circle South. This project is scheduled for the July 12,2005 Pre-DRC Meeting. (PA05-0181-
MCCOY)
. Captain's Cabin - An Administrative Minor Modification submitted on June 6, 2005 to remove an
existing atrium patio and replace it with woodsiding and extension of the existing roof line. The
project is located at 28551 Rancho California Road. A DRC letter will be sent out on July 14,
2005. (PA05-0185 - MCCOY)
. Target- An Administrative request for a finding of Public Convenience or Necessity to allow the
sale of alcohol at an existing Target retail store. The project is located at 29676 Rancho
California Road. This project is scheduled for the July 20, 2005 City Council Meeting. (PA05-
0199 - MCCOY)
. The Emporium- A Minor Modification submitted on June 8, 2005 to improve fa(:ades on the
existing building located at 42050 Main Street. Improvements include replacement of existing,
and failing pedestrian walkway canopy and to construct a new entry feature. This project is
scheduled for the July 12, 2005 pre-DRC Meeting. (PA05-0174- MCCOY)
. The Stage Stop ATM Shack - A Minor Modification submitted on June 10. 2005 for the
construction of an auxiliary structure intended to house weekend/event vendors and a 24 hour
ATM. The project is located at 28464 Old Town Front Street. This project is scheduled for the
July 12, 2005 Pre-DRC Meeting. (PA05-0178 - MCCOY)
. RedHawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit
submitted on June 8, 2005 for 3 buildings totaling 8,354 square feet used for a self-serve car
wash and tire store. The project is located on the northeast corner of Margarita Road and
DePortola Road. The project is currently in review. (PA05-0172 - DAMKO)
. Butterfield Ranch Self-Storage - A Development Plan submitted on June 23, 2005 for a 127,572
square foot self storage building located on the southeast corner of Highway 79 South and
Butterfield Stage Road. This project is currently in review. (PA05-0152 - DAMKO)
Recently Approved Proiects
. Outdoor Channel - A Minor Conditional Use Permit submitted on May 3, 2005 for a 35' 6"
satellite antenna and associated structures for future broadcasting of the Outdoor Channel. The
project is located at 43455 Business Park Drive. The project was approved at July 6, 2005
Planning Commission hearing. (PA05-0130 - DAMKO)
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· Harveston Aberdeen - A home product review for the architectural design and placement of 92
single-family residences within the Harveston Specific Plan area. The project site is located east
of Ynez Road and south of Date Street. The project was submitted on February 11, 2005. A
DRC meeting was conducted on March 17, 2005. The applicant submitted revised plans on
March 31 ,2005. Staff provided revised comments on April 22, 2005. The project was approved
at the July 6, 2005 Planning Commission meeting. (PA05-0045 - DAMKO)
. Harveston Charleston - A home product review for the architectural design and placement of
106 single-family residences within the Harveston Specific Plan area. The site is located east of
Ynez Road and south of Date Street. The project was submitted on February 11 ,2005. A DRC
meeting was conducted on March 17, 2005. The applicant submitted revised plans on March
31,2005. Staff provided revised comments on April 22, 2005. The project was approved at the
July 6, 2005 Planning Commission meeting. (PA05-0044 - DAMKO)
. Old Adobe Plaza - A Minor Modification to an existing Development Plan to modify the exterior
entryways and add an ATM to an existing 3,850 square foot suite located at 27645 Jefferson
Avenue. The application was submitted on February 14, 2005. A DRC letter was sent to the
applicant on March 17,2005. The project was approved on June 28,2005. (PA05-0046-
BALES)
. Old Adobe Plaza - An Administrative Development Plan to repaint the exterior walls of the
shopping center and replace 26 wood window sashes with dual glaze vinyl windows. Located at
the corner of Jefferson Avenue and Overland Drive. This project was submitted on June 2,
2005 and was approved on June 28, 2005. (PA05-0164 - BALES)
. Moreno Road Office Building - A Development Plan to construct a two - story 7,000 square foot
oftice building on .76 acres, located at41919 Moreno Road. The application was submitted on
July 12, 2004. Staff provided a DRC comment letter to the applicant on August 23, 2004.
Revised plans were submitted on February 22, 2005. Staff provided a comment letter to the
applicant on March 31, 2005. The applicant provided revised plans on April 18, 2005. The
project was reviewed by the Old Town Review Board on May 9,2005 and was approved at the
June 2, 2005 Director's Hearing. (PA04-0470 - FISK)
. Shire Building Modifications - A Minor Modification to construct fayade and flatwork
improvements, change building color and add signage. The subject property is located at 28656
Old Town Front Street. The application was submitted on April 13, 2005. The project was
reviewed by the Old Town Local Review Board on June 13, 2005 and continued for additional
information from the applicant. The application was reviewed by the Old Town Local Review
Board on July 11, 2005. The Old Town Board recommended revisions. Staff will
administratively approve project the week of July 11, 2005. (PA05-0111 - FISK)
. Marble Express Building - A Development Plan to construct, establish and operate a 17,421
squarE;l foot industrial building on a 1.1 acre site located at 42068 Winchester Road. The
applicant submitted plans on January 24, 2005. A DRC meeting was held with the applicant on
February 24th, 2005. Revised plans were submitted on May 9, 2005.The project was approved
at the July 6,2005 Planning Commission hearing. (PA05-0016 - PAPP)
. Penfold Cattle Co. - A Minor Conditional Use Permit to allow for the sale of beer, and wine and
spirits from a restaurant to be located at 42072 5th Street, within the new Penfold Plaza building.
The application was submitted on February 23, 2005. The project was approved at the July 6,
2005 Planning Commission meeting. (PA05-0056 - FISK)
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. Proiects Under Review
Commercial
. Star World Center - A Development Plan to construct a 13,709 square foot commercial building
on 1.4 acres located on the west side of Old Town Front Street, approximately 800 feet south of
Santiago Road. The application was submitted on November 22, 2004. A DRC meeting was
held with the applicant on January 6,2005. A DRC letter was sent to the applicant on January
6,2005. Revised plans were submitted on April 27, 2005. A second DRC meeting was held
with the applicant on June 9, 2005 and a DRC letter was sent to the applicant on June 9, 2005.
Staff is currently awaiting the submittal of revised plans. (PA04-0584 - FISK)
. Krieger's Fayade and Porch - A Minor Modification to a Development Plan to paint an existing
building and to construct a 528 square foot covered porch along the west side of the building.
The application was submitted on February 22, 2005. A DRC meeting was held on March 31,
2005 and a DRC letter was sent to the applicant on April 6, 2005. The project was rereviewed at
the May 9, 2005 Old Town Local Review Board meeting. The Old Town Local Review Board
requested that the applicant provide additional information and details. Revised plans were
submitted on July 7,2005. Staff is currently reviewing the revised plans. (PA05-0055 - FISK)
. Elite's Plaza - A Development Plan to construct two office buildings and one retail building
totaling 74,056 square feet on 4.6 acres located on the east side of Jefferson Avenue
approximately 500 feet north of Rancho California Road. The application was submitted
December 22,2004. A DRC meeting was held February 24, 2005. A DRC letter was sent to the
applicant on February 28, 2005. Plans were resubmitted April 18, 2005. A second comment
letter was sent May 19, 2005. Staff is awaiting revised plans to route for Conditions of Approval.
(PA04-0623 - PETERS)
. Tall Tree Mall Expansion - A Development Plan to construct a 3,000 square foot addition to an
existing 3,600 square foot commercial office building on .18 acres, located at 41964 Main Street
in Old Town. The project was submitted on December 21,2004. A DRC was held on February
17,2005. A DRC letter was sent on February 18, 2005. A 30 day letter was sent to the
applicant on April 22, 2005. Staff is currently waiting for revised plans. (PA04-0622 - FISK)
. County Center Drive Cingular Wireless - A Minor Conditional Use Permit to construct a roof top
wireless antenna facility located at 40940 Country Center Drive. This project was submitted
December 6, 2004. A Pre-DRC was held on January 4, 2005. Staff has sent a letter outlining
concerns and requesting information. Revised plans were resubmitted on April 21 ,2005. Public
hearing information was requested from the applicant on April 25, 2005. Conditions of Approval
were requested from other department by May 9, 2005. Staff is currently awaiting receipt of
these items prior to confirming Director's Hearing date. (PA04-0600 - DAMKO)
. Crawford Suites Hotel- A Pre-Application for a Development Plan to construct a 96 unit, 4 story
hotel at the southeast corner of Jefferson Avenue and Winchester Road, was submitted on
December 27, 2004. A Pre-DRC meeting was held on January 18, 2005. The applicant
provided additional information to be forwarded to our Architectural consultant. Architectural
review comments were sent to the applicant on March 7, 2005. Revised plans were resubmitted
on April 18, 2004 and final comments for this pre-application were mailed to the applicant on
May 4, 2005. Staff is awaiting submittal of a formal application. (PR04-0020 - KITZEROW)
. Butterfield Ranch - A Development Plan to construct five commercial buildings totaling 42,385
square feet and creating two pads for future commercial buildings totaling 13,300 square feet on
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6.7 acres located at the southwest corner of Highway 79 South and Butterfield Stage Road. The
application was submitted on December 20, 2004. DRC was held on January 27, 2005.
Applicant resubmitted on March 2, 2005. Project went to the May 18, 2005 Planning
Commission but was continued off calendar due to last minute environmental agency concerns.
The project is scheduled for the July 20, 2005 Planning Commission hearing. (PA04-0621-
DAMKO)
. Calle Cortez - A Development Plan application was submitted on October 1, 2004 to construct
two concrete tilt-up service commercial buildings. Building 1 is 16,954 square feet and building
2 is 15,432 square feet. The project is located on the north side of Calle Cortez, just west of
Jefferson. DRC was held on November 18, 2004. Staff is waiting for applicant response.
(PA04-0544 - DAMKO)
. General Kearney Reservoir Wireless Facility - A Conditional Use permit to replace an existing
non-disguised unmanned wireless monopole with a new 65-foot tall unmanned wireless
monopine with 12 antennas, four-foot diameter microwave dish and associated 336 square foot
equipment shelter and a back-up generator. The subject property is located east of Placer
Lafite and south of Chemin Coutet. The application was submitted on March 1, 2005. Letter
notifying applicant of initial study was sent on March 28, 2005. A DRC meeting was held on
April 21 ,2005. Staff is currently awaiting revisions. (PA05-0063 - BALES)
. Creekside Centre Sign Program - To establish and implement a sign program for the Creekside
Centre Shopping plaza. The subject property is located at the southeast corner of Overland
Drive and Nicole Lane. The application was submitted on March 1, 2005. A comments letter
was provided to the applicant on April 8, 2005. Staff continues to await revisions as of July 11,
2005. (PA05-0062 - FISK)
. T emecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven commercial
/office/retail buildings at the southeast corner of Jedediah Smith Road and Hwy 79 South. The
application was submitted on February 9, 2005. This item is tentatively scheduled to be
presented at the August 17, 2005 Planning Commission meeting. (PA05-0040 - PAPP)
. Rancho Temecula Town Center-A comprehensive sign program for Rancho Temecula Town
Center submitted on February 17, 2005. The subject property is located at the corner of
Winchester and Nicolas. A DRC letter was sent on March 7, 2005. The applicant resubmitted
plans on April 11, 2005. Staff reviewed the revised plans and a meeting to discuss further
changes was held on June 9, 2005. Staff is awaiting submittal of revised drawings. (PAOS-OOS2
- PETERS)
. Madison Lot 13 - A Development Plan submitted on April 14, 2005 for a 13,411 square foot
service commercial building located on the southwest corner of Madison Avenue and Buecking
Drive. The project is scheduled for the July 20th, 2005 Planning Commission Hearing. (PA05-
0100 - DAMKO)
. Madison Lot 6 - A Development Plan submitted on April 14, 2005 for a 23,618 square foot
service commercial building located on the cul-de-sac of Madison Avenue. The project is
scheduled for the July 20,2005 Planning Commission Hearing. (PA05-0101 - DAMKO)
. Industrial Condominiums of Temecula - A Development Plan to construct three light industrial
buildings totaling 85,900 square feet on 5.5 acres located on the north side of Remington
Avenue, approximately 550 feet west of Diaz Road. The project was submitted on April 27,
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2005. A DRC letter was sent to the applicant on June 3, 2005. Revised plans were submitted
on June 21,2005. Staff is currently reviewing the revised plans. (PAOS-0127 - FISK)
. Temecula Glass Company - A Development Plan to construct an 11,271 square foot
commercial building on .987 acres located at 41755 Enterprise Circle. The application was
submitted on April 12, 2005. A DRC meeting was held on May 19, 2005. A DRC letter was sent
on May 20, 2005. Staff is currently waiting on revised plans. (PAOS-010S - BALES)
. Nextel at Haz-It Markit - A Conditional Use Permit application submitted on May 24, 2005 for a
wireless telecommunications facility consisting of 12 antennas on a mono-palm and an 11 x20"
equipment building. A DRC letter was sent to the applicant on June 29, 2005. Staff is currently
awaiting submittal of revised plans. (PAOS-01S7 - FISK)
Subdivisions
. PM 28049 EOT - A fourth Extension of Time for Parcel Map 28049 (A proposed multi-family
residential development. The subject property is located at the northwest corner of Pujol Street
and Calle Cerrillo. The application was submitted on September 30, 2004. MSHCP
requirements were recently addressed and staff anticipates scheduling the application for a
September Planning Commission hearing. (PA04-0S39 - FISK)
. Temeku Clubhouse - A Tentative Parcel Map submitted on May 24, 2005 to subdivide 3 lots
located at the south intersection of Temeku Drive and Cantebury Court. A Pre-DRC was held
on June 14, 2005. Waiting for applicant response. (PAOS-01S6 - DAMKO)
. Butterfield Ranch - Tentative Tract Map submitted on March 2, 2005 for the subdivision of 7
commercial lots. The project is located on the south east corner of Highway 79 South and
Butterfield Ranch Road. The project went to the May 19, 2005 Director's Hearing, but was
continued off calendar due to environmental concerns. The project is scheduled for the July 20,
2005 Planning Commission hearing. (PAOS-0066 - DAMKO)
. Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into 6 parcels located at
the east side of Ynez Road north of Rancho California Road and south of Solana Way. This
project was submitted on January 6, 2005. Comments are due January 28, 2005 and a Pre-
DRC has been scheduled for February 1, 2005. A DRC was held February 10,2005. A DRC
letter was sent on February 10, 2005. On June 30, 2005 Staff requested additional information
to complete an Initial Study for this project. (PAOS-0004 - PETERS)
Industrial
. Legacy Corporate Center - A Development Plan to construct, establish, and operate two
industrial buildings totaling 84,006 square feet and one office building totaling 32,500 square
feet. The applicant submitted plans February 17, 2005. The subject property is located at the
northwest corner of Diaz Road and Remington Ave. A DRC meeting was conducted on March
24, 2005. Revised plans were submitted June 1, 2005. This project is tentatively scheduled for
the August 3, 2005 Planning Commission hearing. (PAOS-OOS3 - PETERS)
. Alvarez Del Rio Building - A Development Plan to construct, establish and operate a 17, 378
square foot office/warehouse building on 1.43 acres. The subject property is located on the east
side of Del Rio Road, south of Calle Cortez. A DRC meeting was held on November 18, 2004.
Staff continues to await revised plans as of May 9, 2005. (PA04-0543 - DAMKO)
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. Temecula Corporate Center - Tentative Parcel Map to create two common lots consisting of
6.24 and 9.13 acres with 17 condominium units on the north and south side of Via Industria, and
a Development Plan to construct 17 office, flex-tech, and industrial buildings totaling
approximately 250,440 square feet. The application was submitted February 8, 2005 and a
DRC meeting was held March 17, 2005. Revised plans were submitted June 6, 2005. A DRC
meeting was held on June 23, 2005. A DRC comment letter was sent on June 27, 2005.
(PAOS-0036, PAOS-0037 - PETERS)
. Auto Center - A Development Application submitted on April 5, 2005 for a 6,806 square foot
auto service center located on the southwest corner of Commerce Center Drive and Via
Montezuma. The project was heard at the June 30, 2005 Director's Hearing and was continued
to the July 7,2005 Director's Hearing due to landscape concerns. (PAOS-OOS6 - DAMKO)
. Winchester Gilcrest - A Development Plan submitted on April 5, 2005 for a total of 55,956
square feet of industrial office /warehouse space in 3 one story buildings. The project is located
on the south side of Winchester Road, west of Diaz Road. A DRC was scheduled for May 12,
2005. A DRC letter was mailed on May 17, 2005. Waiting for applicant response. (PAOS-0096
- DAMKO)
. Plaza Rio Vista - A Development Plan submitted to construct a 19,650 square foot office
building on .99 acres to be located at the corner of Black Deer Loop and Diaz Road. The
application was submitted on May 10,2005. The Pre-DRC meeting was held on June 23, 2005.
Staff is currently awaiting revised plans. (PAOS-0139 - BALES)
Mixed Use
Residential
. Naron Pacific Tentative Tract Map 30434 and Planned Development - A proposal for a zone
change from L-1 to PDO on 31.93 acres and Tentative Tract Map to create 30 residential lots
and 4 open space lots in the Chaparral area. The application was originally submitted on April
18, 2002. The CAD has made a recommendation on policy for the Chaparral Area allowing Y2-
acre lots if it does not increase the "net" density. A PDO was submitted on March 25, 2004.
Staff met with applicant in April to discuss grading issues and begin preparation of an Initial
Study. An environmental constraint map was submitted on February 9,2005. Staff met with the
applicant on March 22, 2005 to discuss grading impacts and received revised plans and
constraints map. A letter was mailed to the applicant on April 7, 2005 informing him that the
submitted plans are not adequate, the project is still considered incomplete, and additional
information is still required in order to proceed with processing. Staff met internally on April 8,
2005 to discuss General Plan update. A letter was sent to the applicant on April 13, 2005 to
explain City Council decision not to modify Chaparral Policy, therefore project plans must be
revised to adhere to existing policies within General Plan. Staff is currently awaiting submittal of
revised plans. (PA02-0204, PA02-0193 - PAPP/KITZEROW)
. Wolf Creek Motorcourts -A Home product Review and a Tentative Tract Map to subdivide 14.1
acres into 6 common lots with 113 residential units in a motor court design. The application was
submitted February 7, 2005. A DRC meeting was held March 10, 2005. Revised plans were
submitted June 6, 2005. Staff is currently reviewing the resubmittal. (PAOS-0034 - PETERS)
. Redwood at Wolf Creek - A Home Product Review submitted on April 13, 2005 for 159 single
family homes located in Planning Area 22 of the Wolf Creek Specific Plan. Fourfloor plans with
3 elevations each are proposed, ranging in size from 3299 square feet to 4495 square feet. A
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DRC letter was mailed to the applicant on May 4,2005. Staff transmitted a resubmittal on July
11,2005. Comments are due on July 25,2005. (PA05-0113 - PETERS)
. La Vasani TPM - A Tentative parcel Map to subdivide 4.96 acres into 2 parcels located at
30854 Lolita Road. This project was submitted on February 23, 2005. A DRC letter was sent
out on March 21, 2005. Staff is currently waiting for applicant response. (PA05-0025-
DAMKO)
. Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential
condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra
Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC
meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. A
second DRC letter was provided on September 10, 2004. Revised plans were submitted on
February 7, 2005. A third DRC letter was provided to the applicant on April 8, 2005. Staff
continues to await revised plans. (PA03-0552 - FISK)
. Temecula Lane - A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map
to construct 59 4-plex buildings totaling 236 units, 32 3-plex buildings totaling 96 units and 96
single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda
Road and Temecula Lane. The project was submitted on August 8, 2004. A DRC meeting was
held with the applicant on October 21,2004. Plan revisions were submitted on March 3, 2005.
Staff provided revision comments to the applicant on March 31,2005. Staff is currently working
on an Initial Study. (PA04-0496 - DAMKO)
. Green Courts at Wolf Creek - A Tentative Tract Map to subdivide 11.65 acres into 85 lots (77
residential units) with an alley type design and a minimum lot size of 3,000 square feet in
Planning Area 10 of Wolf Creek. In conjunction, a Development Plan (Product Review) for 77
residential green court homes. Units range from 2, 084 square feet to 2, 204 square feet with 3
different floor plans and 3 architectural designs. This application was submitted on January 10,
2005. A DRC Meeting was held on February 24, 2005. The project was resubmitted on April
19,2005. A second Pre-DRC meeting was held on May 10,2005. A DRC comment letter was
sent on May 13, 2005. Staff is awaiting resubmittal. (PA05-0009 & PA05-0010 - PETERS)
. Cottonwood at Wolf Creek - A Home Product Review forthe architectural design and placement
of 133 single family residences within Planning Area 20 of the Wolf Creek Specific Plan Area.
The project was submitted on March 21, 2005. A DRC letter was mailed to the applicant on
April 22, 2005. The applicant resubmitted on June 24, 2005. Comments are due July 15, 2005.
(PA05-0084 - PETERS)
. Villa Del Sol Apartments - A Minor Modification to construct a 640 square foot utility/workout
room at an existing apartment complex. The subject property is located at 28566 Pujol Street.
The application was submitted on May 9, 2005. A DRC letter was sent to the applicant on June
8,2005 and plans were resubmitted on June 27,2005. Staff is currently reviewing the revised
plans. (PA05-0137 - FISK)
. Margarita Village Specific Plan Amendment to change the land use designation from VL (very-
low - .2 to .4 du/acre) residential to LM (low medium - 3 to 6 du/ac) for 18.3 acres along the west
side of Butterfield Stage Road, north of Chemin Clinet. This is associated with a Tentative Tract
Map (PA04-0392) for 36 residential lots ranging in size from 7,200 to 25,000 square feet. These
applications were submitted on June 2, 2004. A DRC meeting was held on July 8, 2005. The
project was resubmitted on August 2, 2004 and a DRC letter was sent to the applicant on
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August 26, 2004. Revised plans were submitted on October 4, 2004 and again on January 6,
2005. An Initial Study was issued on April 28, 2005. This item was recommended for approval
by the Planning Commission at the June 1 , 2005 meeting and is scheduled for the July 26,2005
City Council meeting. (PA04-0390 - PAPP)
Miscellaneous
. Sprint 100 Margarita - A Minor Conditional Use Permit for the co-location of six (6) cellular
telecommunication antennas on a mono-pine, which includes the replacement of the existing 57
foot high mono-pine with a 68'4 ft mono-pine, located at 41520 Margarita Road. The application
was submitted on September 23, 2004. A DRC letter was sent to the applicant on October 19,
2004 Revised plans were submitted on December 9,2004. The applicant contacted staff on
February 22,2005 stating that the proposed site for co-location was already occupied by another
carrier and that revised plans must be submitted for location on another structure on the project
site. Revised plans were submitted on June 29, 2005. Staff is currently reviewing the revised
plans. (PA04-0529 - FISK)
. Temecula Faith Center - A Minor Conditional Use Permit submitted on April 14, 2005 for
Temecula Faith Center to locate in an existing industrial building located at 42266 Remington
Avenue. The total church square footage proposed is 8607 square feet, which represents an
addition of a 500 square foot mezzanine. Staff is currently awaiting submittal of a parking
analysis from the applicant. A DRC letter was sent to the applicant on May 11, 2005. Staff is
currently awaiting the submittal of revised plans. (PA05-0114 - FISK)
. Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping Center
located at the southwest corner of Margarita Road and Overland Drive. The application was
submitted on March 1,2005. A DRC letter was sent on March 28, 2005 and staff met with the
applicant to review the DRC comments on April 22, 2005. The applicant submitted a revised
sign program on July 1, 2005. Staff is currently reviewing the revised sign program. (PA05-
0064 - FISK)
. Rancho Baptist Church Monopole - A Conditional Use Permit application to construct an 80'
foot monopole antenna facility with shelter on the northwest corner of the Rancho Baptist
Church property, located at 29775 Santiago Road, APN 922-130-017. The application was
submitted on November 9,2004. Staff has completed a preliminary review, and the application
was forwarded to the City's newly hired telecommunications consultant for review. Comments
were mailed May 6,2005. Staff is awaiting revised plans. (PA04-0578 - PETERS)
. Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50' high
monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on
April 19, 2004. Staff sent a DRC letter on June 8, 2004. The applicant resubmitted plans on
September 23, 2004. Staff has received 3rd party review comments. Staff has postponed
scheduling the project for a Planning Commission hearing at the applicant's request and
anticipates scheduling the application for a September Planning Commission hearing. (PA04-
0285 - FISK)
. Meadowview Golf Course - Conditional Use Permit and Development Plan to design and
construct a public golf course and driving range within the Meadowview Community. The
focused EIR requires modification. Staff provided an EIR comment letter to applicant the week
of June 7, 2004. Staff is currently waiting for the revised EIR. (PA01-0375 - PETERS)
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. Verizon Wireless Telecommunication - A Conditional Use Permit for a 60-foot high mono-pine
within the Rancho California Water District Headquarters facility. Staff has informed the
applicant that the proposed mono-pole is not an acceptable design for the area. The applicant
indicated alternative sites would not be feasible; however, on November 1 0, 2003, they offered
to look at alternative sites and designs. The applicant resubmitted on May 10,2004. Staff met
with the applicant on August 19, 2004 to discuss design alternatives. The applicant is
continuing to cooperate with staff to develop an agreeable design solution. On September 16,
2004 the applicant submitted design concepts that were not supported by staff. There has been
no formal resubmittal since May 10,2004. There is a new consultant working with the applicant
who is preparing a new submittal to forward to our new Telecommunication consultant for 3'd
party review. (PA02-0637 - PAPP)
. Cyberzone - A Minor Conditional Use Permit for the establishment and operation of an Internet
business to rent computer times for Internet and Microsoft applications within an existing suite of
the Promenade Mall. Staff has received conditions of approval from other departments and
scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost
their lease prior to the hearing, so the application has been continued off calendar in anticipation
of another lease space becoming available within the mall. (PRJOO-906 - FISK)
. Temecula Regional Hospital - A General Plan Amendment, Conditional Use Permit and
Development Plan to construct a fitness center, cancer center, two medical/office buildings (4
stories each) and a six-story hospital structure all totaling approximately 535,000 square feet.
located north of Highway 79 South, south of De Portola and west of Margarita Road. Project
was submitted June 30, 2004. A DRC was held on August 18, 2004. Staff and the City Council
subcommittee have met with the applicant twice. The applicant submitted revised plans and a
Tentative Parcel Map (PA04-0571) on November 4, 2004. This project went to the Planning
Commission on April 6, 2005. The Planning Commission recommended that staff prepare an
EIR for this project. P&D Consulting is preparing a focused EIR. (PA04-0462,PA04-0463-
PAPP)
. Verizon Wireless Telecommunication - A one-year extension of time for a previously approved
Minor conditional Use Permit (PA01-0019) to co-locate 3 antenna array panels on an existing
monopine structure located at the RCWD tank in Chardonnay Hills, 31008 Rancho California
Road. A Director's Hearing was held on September 9, 2004 where it was re-directed to
Planning Commission due to environmental concerns expressed by neighboring property
owners. An Initial Study is being prepared to consider aesthetic impacts. The applicant has
been notified that a Negative Declaration will be prepared. There is a new consultant working
with the applicant who is preparing a new submittal to forward to our new Telecommunication
consultant for 3'd party review. To date staff has not received a revised packet. (PA04-0264-
PAPP)
. Nextel at Bennett - A Development Plan and Conditional Use Permit to construct and operate a
cellular telecommunications facility consisting of six antennas (total) on two light poles and 11.5"
x 20" equipment building on 12 acres located at 32240 Highway 79 South. The application was
submitted on November 1,2004. Comments from the City's consultant for 3'd party review were
received on March 20, 2005. A DRC letter was sent to the applicant on March 30, 2005. A new
management company recently contacted staff, requesting that the application not be closed.
Staff is currently awaiting the submittal of revised plans. (PA04-0566 - FISK)
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Small Business Assistance
. La Tacqueria - Staff is working with the owners of this Old Town business on a revised plan for
an exterior fayade improvement that includes new awnings, paint and signs. A proposal from
the contractor is to be submitted to the Planning Department in August.
. The Stamper Building - Staff worked with the owner of this Old Town business to develop sign
designs for this existing retail building on Old Town Front Street. The signs for this retail
complex were approved by the Old Town Local Review Board in May.
Special Event Permits
. 2005 Street Painting Festival - Staff is helping the Redevelopment Department with an
application for a temporary use permit for this event that will take place on June 18, and 19,
2005.
. 2005 Fourth of July Parade - A Temporary Use Permit is in progress for this Old Town Front
Street event that will take place on July 4, 2005. Staff is coordinating comments from all
concerned City departments.
Special Proiects & LonQ RanQe PlanninQ 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:
. Old Town Specific Plan Amendment - Staff is working on an amendment to the Old Town
Specific Plan to expand the protection for historic structures in the City, as well as make a
number of other clarifications related to signage and mixed use projects within the Old Town
Area. Public hearings are expected to be held later this summer. (HOGAN)
. Comprehensive General Plan Update - The City Council approved the Updated General Plan
on April 12, 2005. Staff is currently working on a Land Use Map amendment to correct a
mapping error for the Meadowview area (PA05-0186). After that correction is approved, the final
documents will be prepared and this final information loaded onto the City website. (HOGAN)
. Consistency Rezoning - The initial General Plan Consistency Ordinance to amend the Official
Zoning Map and the Development Code is scheduled to go back to the Planning Commission
and City Council in July, 2005.
. Public Transportation Master Plan - Staff has researched how these issues have been
addressed by other jurisdictions. Most of the items appear to be very long term, except for the
City's current efforts focusing on park-n-ride facilities. Staff will develop a scope of work to begin
soliciting proposals after the new budget is adopted. (HOGAN)
. Mixed Use Development Standards - Staff has started the development process for Mixed Use
Development Standards by reviewing existing projects and guidelines. This is expected to result
in a recommended approach to Mixed Use development that will be presented to the Planning
Commission this fall. (WEST)
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. Santa Margarita River Watershed Planning Project - Staff members from the Planning and
Public Works Departments are participating in the process. Since the completion of the
contract, the County of San Diego has indicated a need to continue the process behind the
State funding for the initial draft of the Watershed Management Plan, however; no meetings
have yet been scheduled. (HOGAN)
. Roripaugh Estates Specific Plan Amendment - Staff is proposing to amend the Roripaugh
Estates Specific Plan to resolve commercial zoning issues and existing land uses A draft
Specific Plan has been developed. Staff is preparing to undertake a similar process with the
Rancho Highlands Specific Plan. (PA97-0443 - WEST)
. Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental
(habitat), and other constraints.
. Procedures to Implement CEQA - Staff initiated project to develop local guidelines and
procedure manual for processing CEQA documents, including the adoption of local exemptions.
The process will also conform to the new CEQA Guidelines, and will create new templates for
standard CEQA forms.
. Development Code Clean-Up Amendment - Staff is proposing a clean-up amendment to the
Development Code for grammatical corrections and clarification. A public hearing was set for
June 15, 2005, however; staff identified additional changes that needed to be incorporated into
the 2005 Development Code clean-up. As a result, the Planning Commission will continue this
item off-calendar. (PA05-0041 - WEST)
. Surface Mining Ordinance - 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.
. South Side Street Improvement Project - The former South Side Specific Plan is being modified
to design guidelines and a street improvement program for Old Town Front Street between First
Street and Highway 79 South.
. Update of the Citywide Design Guidelines - Staff has completed its review of the Guidelines and
has provided a comprehensive set of comments to the consultant assisting in this effort.
Additional comments from the Redevelopment Director were forwarded to the consultant on
January 5, 2005. The completed final screen check draft is expected to be delivered to staff on
April 13, 2005. The Planning Commission recommended that the City Council approve the
Updated City-Wide design guidelines on May 4, 2005. This item is scheduled to be presented to
the City Council on August 9,2005. (PAPP)
. Application Revision Project - Staff is working with Public Works to update applications to
require Water Quality Management Plans (WQMP) with all new submittals beginning July 14,
2005. (PETERS)
. City - Project environmental reviews and permitting:
D Overland Drive Extension - Staff reviewed 2nd submittal of the Draft Initial Study / Mitigated
Negative Declaration and has provided comments to Public Works. No resubmittal to date.
D Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to
determine the impacts of constructing ultimate improvements on Diaz Road. Staff is
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recommending that a Negative Declaration be prepared, the scheduling of this item for the
City Council will be coordinated with Public Works Department. (EA107 - PAPP)
o 1-15/ SR79 S. Ultimate Interchange Project - Staff has provided comments to the Public
Works Department on the issues that need to be addressed in the NEPA/CEQA document
that is to be prepared for this project. (EA111 - WEST)
o Auto Mall / Rancho Way Grading - Staff is reviewing the special studies that have been
prepared for this project and will be drafting up the environmental documents next month.
This item is tentatively scheduled for the City Council's consideration on July 26, 2005.
(EA-121 - HOGAN)
o Santa Gertrudis Creek/Margarita Road Undercrossing - A Categorical Exemption was
prepared for this project in January 2003, prior to the adoption of the MSHCP. The County
Flood Control District has requested that the City provide a letter stating that it will be in
compliance with the relevant policies for projects within riparian areas. Staff prepared a
letter to the County Flood Control District to address their concerns. Staff is also preparing
a letter for the Army Corps of Engineers stating that the project will comply with the City's
policies for potential cultural resources. (EA120 - WEST)
o NPDES, Water Quality Management Plan - Staff determined that the adoption of the
ordinance requiring certain development project to prepare a Water Quality Management
Plan is exempt from CEQA review. Staff prepared a Notice of Exemption pursuant to CEQA
guidelines on June 28,2005 (EA122 - WEST)
o Diaz Road Pavement Rehab - The proposed project will rehab the pavement on Diaz Road
between Rancho California Road and Winchester Road. Staff prepared a Notice of
Exemption pursuant to CEQA guidelines on June 29,2005. (EA123 - WEST)
General Plan Amendments
. PA03-0178 TERC 52, LLC - A General Plan amendment application (and Zone Change PA03-
0177) to change the land use designation on 52.83 acres from Business Park to High Density
Residential at the northwest corner of the Rancho California Business Park, adjacent to the
Campus project. Staff is awaiting the submittal of additional information to determine that the
project is consistent with the Comprehensive General Plan Update. (PAPP)
. PA04-0411, Nicolas 73 - A General Plan Amendment application (and Zone Change PA04-
0414, and TTM PA04-0415) to change the land use designation on 73 acres from very low
density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was
held on July 8, 2004 and DRC was held on July 15, 2004. Based upon issues raised at DRC
and clarified in a follow-up letter the applicant was informed that staff does not support the GPA.
Issues related to the overall project density and number of lots proposed on the map will require
a resubmittal. (PAPP)
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APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jim Domenoe, Chief of POIiCeffJ
DATE: July 25,2005
SUBJECT: Monthly Departmental Report
The following report reflects the activity of the Temecula Police Department for the month of
June.
PATROL SERVICES
Overall calls for police service.............................................................................................. 3,050
"Priority One" calls for service ...................................................................................................43
Average response time for "Priority One" calls ........................................................... 6.9 minutes
VOLUNTEERS
Volunteer administration hours. ... ..... ..... ... ..... ........ ..... ..... ... ..... ... ..... ........ ..... ... ... ..... ..... ... ... .... 424
Community Action Patrol (CAP) hours ....................................................................................174
Reserve officer hours (patrol)....................................................................................................13
Total Volunteer hours................ ..... ..... ........ .......... ........ ..................... ........ ..... ................ ..... 1,077
CRIME PREVENTION/GRAFFITI
Crime prevention workshops conducted .....................................................................................4
Residential/business security surveys conducted .................................................................... 1/0
Businesses visited.................................................................................................................... 11
Businesses visited for past crime follow-up...............................................................................13
Crime prevention articles ........................ ............... ........ ........ ........ ..... ........... ..... ..... ............. ...... 1
Total square footage of graffiti removed............................................................................... 9,975
OLD TOWN STOREFRONT
Total customers served........................................................................................................... 287
Sets of fingerprints taken ..........................................................................................................76
Police reports filed................. ........ ........ ..... ..... ........ .......... ................ ........ ........ ................ ....... 35
Citations signed off ........ ..... ... ..... ... ..... ..... ... ..... ..... ..... ..... ... ........ ..... ... ..... ..... ... ... ..... ..... ... ..... .......8
Total receipts. ..... ... ..... ... ..... ... ..... ... ..... ..... ... ..... ..... ..... ..... ... ... ..... ..... ... ............. ... ............. ... $7,229
POP TEAMS
On-site felony arrests.................................................................................................................. 5
On-site misdemeanor arrests...................................................................................................... 5
Felony arrest warrants served ... ... ..... ........ ... ... ..... ........... ... ... ... ................ ............ ... ... ... ... ... ..... ... 8
Misdemeanor arrest warrants served........ ........... ................................................................. ......0
Follow-up investigations............................................................................................................ 17
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TRAFFIC
Citations issued for hazardous violations ............................................................................. 1,205
D. U.1. arrests....................................................................................................................... ...... 11
D.U.1. checkpoints conducted .................................................................................................... X
Non-hazardous citations ........ ........ ... ..... ... ........ ... ..... ..... ... ... ... ........ ........ ... ... ... ... ................ ... ... 78
Stop Light Abuse Program (S.L.A.P.) citations........................................................................407
Neighborhood Enforcement Team (N.E.T.) citations ................................................................. 63
Parking citations..................................................................................................................... 122
Injury collisions.......... ........ ........ ........ ........ ..... ........ ..... .............. ........ .............. ........ .................11
INVESTIGATIONS
Average open cases per detective ............................................................................................24
Average case closure rate .......................................................................................................6.8
Number of community seminars conducted ................................................................................0
SPECIAL ENFORCEMENT TEAM (SET TEAM)
On-site felony arrests.................................................................................................................. 3
On-site misdemeanor arrests...................................................................................................... 2
Felony arrest warrants served...... ........ ..... ............. ..... ........ ........ ........ ........ ..... ........................... 1
Misdemeanor arrest warrants served .......................................................................................... 7
Follow-up investigations.............................................................................................................. 2
IIleqal druqs seized
Methamphetamine: approximately 1.9g
Marijuana: approximately 0.5 grams
Ecstasy: 1 pill
PROMENADE MALL TEAM
Calls for service.......... ..... ........... ..... ........ ..... .......... ................... ............. ........... ........ ........ ....... 83
Felony arresVfilings.................................................................................................................. ...3
Misdemeanor arresVfilings ........................................................................................................ 12
Vehicle burglaries..................................................................................................................... .. 1
Vehicle thefts......................................................................................................................... .....0
SCHOOL RESOURCE OFFICERS
Felony arrests....................................................................................................................... ......2
Misdemeanor arrests................................................................................................................ 10
Citations...................................................................................................................... .............. 10
Youth counseled..................................................................................................................... 143
Presentations
Stranger Danger {PreschooI/Kindergarten)......................................................................1
YOUTH ACCOUNTABILITY TEAM
Orientations delivered to new program members...................................................................... 10
School visits........................................................................................................................ ......38
Home visits........................................................................................................................ .......34
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APPROVAL
CITY ATTORNEY
DIRECTOR OF FINA~
CITY MANAGER r--
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works/City Engineer
DATE:
July 26, 2005
SUBJECT:
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 June, 2005.
MOACTRPT
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
Junel July 2005
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: July 28, 2005
PROJECTS UNDER CONSTRUCTION
1. Old Town Community Theatre
This project will construct a 20,000 square foot community theater complex and refurbishes the
existing Mercantile Building. Construction started on 3-3-04. Work is progressing on theatrical
lighting & rigging, and interior finishes. Grand Opening set for early October.
2. Pechanga Parkway Phase liB Storm Drain Improvements (Wolf Valley Creek Channel -
Stage 2)
The project includes the construction of a grass-lined channel and box culvert crossings from
Loma Linda Road to Deer Hollow Road. All box culverts and inleVoutlet structures are complete.
The concrete channel and rip rap outlet structure from 1,000 feet north of Muirfield Drive to
Temecula Creek is under construction. The project's completion date is scheduled for Summer
2005. Work is also underway for the outlet section of channel near the confluence with
Temecula Creek. Completion date for that project is scheduled for July 2005.
3. Old Town Southern Gateway Landscaping
Under this project, the southern entrance to Old Town will be beautified with landscaping and
irrigation, split-rail fencing, lighted walks, and seating areas. Construction began February 7, 2005.
Construction is complete. Construction is complete. The 90-day landscape maintenance period
was initiated April 27, 2005 anticipated for completion July 27,2005.
4. Jefferson Avenue Pavement Rehabilitation - Phase II
This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California
Road. The design includes a complete reconstruction of the road within the project limits. In
addition, problematic driveways will be reconstructed. RJ Noble completed the paving on 06/15.
Traffic signal loops & final striping was completed the week of 6/27. As of June 30, 2005, this project
is "substantially completed". Additional investigation was performed on the CMP & it was determined
that the CMP is blocked at 2 locations, 41' east of the CB and 20' west of the downstream side of
the pipe. Staff & contractor/subs are exploring repair options.
5. Pechanga Parkway Landscape Improvements
America West Landscape has completed the installation of the irrigation system and landscaping.
The 90-day maintenance period began March 18 and finished June 18,2005. SCE has yet to install
the electric service necessary for the irrigation controller.
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6. Fire Station - Northeast Site (Roripaugh Ranch)
This project will construct a new fire station in the north part of the City. The first working day was 4-
11-05 and this extends to a completion date in early February of 2006. Work is focused on erection
of wood framing, installation of roof trusses and rough in of electrical and plumbing.
7. Winchester Road Widening Between Enterprise Circle and Jefferson
This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also
add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise
Circle. Construction began on 12/6/04, and has been severely delayed by weather. Contract work is
complete, with the exception of landscaping and irrigation, which will' be complete by 8/5/05.
Outstanding issues are some minor masonry block work to be done to accommodate a property
owner, and the traffic signal conduit crossing Jefferson SI. Contractor submitted a price to complete
this work; decision is forthcoming.
8. Temecula Sports Complex
A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow
Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E.
Barnhart, Inc. at the September 28, 2004 Council meeting. The contract award amount is
$13,365,055.51. Ongoing and partially completed work includes installation of Musco field lighting,
baseball field backstops, irrigation, soccer field curbs, parking lot curbs, masonry block buildings.
Completed work includes underground electrical, plumbing, site sewer & storm drain, mass grading.
Synthetic turf contractor Byrom-Davey began work on 7/11/05, and has completed installation of
drainage systems at soccer fields #2 & 3. Turf scheduled to begin installation on 8/1/05.
9. Vail Ranch Middle School Basketball Court Lighting
This project will add lights to the basketball courts at Vail Ranch Middle School. The project was bid
successfully the second time with R & M Electrical Contracting being awarded the project on March
8,2005 in the amount of $102,696.00. Work began June 20,2005, with completion expected by
August 5, 2005.
10. Temecula Library
A full service library, approximately 34,000 square feet in area, has been designed and is under
construction built on Pauba Road, just west of Fire Station #84. The City was successful in
obtaining State grant to aid in funding the $12,000,000 library. The grading operation is about 30%
complete, with the building of the slopes being observed by the soils engineer and a Paleontologist.
Edge Development is scheduled to begin the drilling for the CIDH piles around 7/29/05.
11. 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. This project is partially funded federal
HBRR barrier replacement funds. Construction Authorization was received and specifications were
updated so that the project can go out to bid. The Engineer's Estimate was updated due to the
lengthy Caltrans review time. The project is to be constructed in Summer 2005. Bids will be opened
July 26, 2005.
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12. Citywide Concrete Repairs FY2004.2005
This year's annual citywide concrete repairs project was awarded to Portsmouth Construction. This
$165,430 contract will replace broken sidewalk, curb, curb and gutter, and cross gutters at various
locations around the City. Bids were opened May 17, 2005. The City Council awarded the
construction contract to Portsmouth Construction for $165,430.00 on 06/15/05. Construction work
began July 11 2005.
13. Bus Bench Upgrades
Under this project, new bus benches and shade structures will be installed at certain stops and
existing benches will be upgraded at'various locations. Sutherlin has ordered all bench 'and shade
structure materials, preliminary delivery is mid to late July. Contractor will be completing concrete
pads in advance of material deliveries.
14. Slurry Seal Project. FY 2004/2005
This project will slurry seal the residential streets southwest of Pechanga Parkway between Rainbow
Canyon Road and Via Eduardo All American Asphalt was awarded this annual road maintenance
contract, with a bid of $338,159. The pre-construction meeting is scheduled for July 26. It is
anticipated that work will commence in early August.
15. Traffic Signal at Route 79-south and Country Glen Way
Under this project, a new traffic signal will be installed on Route 79 South at Country Glen Way. The
City Council awarded the contract to DBX, Inc. on July 12. A pre-construction meeting is being
scheduled. It takes approximately 8 to 12 weeks for the traffic signal poles/mast arms to be ordered
and delivered to the jobsite. It is anticipated that work will commence in September.
PROJECTS BEING ADVERTISED FOR BIDS
NONE
PROJECTS IN DESIGN
1. Pechanga Parkway 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 recently met with staff members for Caltrans
(Local Assistance) and the City's environmental consultant to re-c1assify the Preliminary
Environmental Document (NEPA) of the project to a Categorical Exclusion with required technical
studies (involving Federal action). The Local Assistance office of Caltrans recommended that the
City prepare a project specific traffic study (2030) for Pechanga Parkway. The City received the
traffic study for Pechanga Parkway during the week of July 11. It is being submitted to Caltrans'
Local Assistance for their review. The City's environmental consultant (Michael Brandman
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Associates) will use the traffic data to prepare technical studies (air quality study, natural
environment study/minimal impacts study, and section 106 studyw/ APE map & HPSR) for submittal
to Caltrans Local Assistance. Once Caltrans approves the environmental document (PES), the City
can proceed with the acquiring 3 properties along Pechanga Parkway. When the properties are
acquired, the City can then start the public bid process.
2. 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. Specifications are being finalized. Work is being coordinated with the library project. The
design consultant, PDC, is updating the plans to reflect existing conditions, as a number of
developments were constructed along Pauba Road since the plans were originally approved.
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 Commerce Center Drive, and the extension of Overland
Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of
Engineers is required. Updated hydraulic data from the Corps of Engineers and RCFC & WCD may
necessitate a modification to the bridge profile. The consultant is currently preparing 60% design
plans and analyzing the new hydraulic data.
4. Fire Station - Wolf Creek Site
A fire station will be built at the SE corner of Wolf Valley Road and Wolf Creek Dr. Preliminary
design changes to incorporate comments from Planning, Building & Safety, Fire, and TCSD were
received back from project architect, STK, on 5/13/05 and were distributed via e-mail to the various
City departments for review. Based on feedback, STK will formalize design changes and resubmit
to City. The Planning application process continues; no significant changes since last month.
5. 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 (the administrator of the federal
funds) has given the City the "Authorization to Proceed with Preliminary Engineering." The City is
working with Caltrans, US Army Corps of Engineers (ACOE) and Riverside County Flood Control to
coordinate the trail design with the Murrieta Creek Improvement project. The signed Programmatic
Categorical Exclusion (approved environmental document) was received from Caltrans on April 15,
2005. Final Design is underway and the 90% Plans are being reviewed. The City just received
construction authorization from Caltrans
6. State Route 79 South Medians
Under this project medians will be constructed on Route 79 South within the City ofTemecula limits.
PDC is progressing toward the 90% submittal addressing comments from the City.
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7. 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. Final package for PS&E certification and
Request for Authorization (to construct) was submitted to Caltrans on April 12, 2005. We anticipate
advertisement for construction bids in August.
8. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside)
This project will provide a right turn lane for southbound 1-15 motorists and provide a dual left turn
lane from westbound RCR to southbound Front Street. An MND (CEQA) was completed and a
Notice of Determination was filed. 90% plans are being reviewed by CIP, Traffic, and TCSD. In
addition, Calirans was sent a revised permit application: C'ity Attorney has approved using the'
existing slope easement for construction of the new retaining wall. A Caltrans permit and right of
entry documents from Denny's and Union 76 are anticipated over the next month.
9. Main Street Bridge Over Murrieta Creek (Replacement)
This project will replace the existing Main Street Bridge over Murrieta Creek. The freeboard issue
that was a potential stumbling block has been resolved, and the bridge profile will remain
unchanged. 70% design progress review meeting was held on 6/10/05 to address comments
received internally from City; no other responses received from other agencies or utility companies.
Design consultant, Simon Wong Engineering, is pursuing input from the County and ACOE; next
meeting is tentatively scheduled for 9/2/05. Word was received from Caltrans on 6/8/05 that project
is listed for HBRR funds, which is the first step in obtaining federal funds for this project. No
significant changes since last month.
10. City Maintenance Facility and Corporate Yard
Under this project, an expansion of the maintenance facility will be built on the property adjacent to
City Hall. Staff is reviewing the design development submittal. Bid package for phase 1 is being
finalized, CC has authorized the bidding.
11. Santa Gertrudis Bicyclel Trail Undercrossing at Margarita Road
This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under
Margarita Road. The first utility notice has been sent out. The consultant has submitted the 30%
plan submittal that includes the selected design alternatives.
12. Diaz Road Realignment
Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road.
Business Park Drive will be aT-intersection at Diaz. 95% project design plans have been sent to the
utility companies and 95% PS&E has been sent to in-house reviewers. The irrigation and
landscaping is being re-designed to meet the agreement provisions between the City and the
Business Par Association. The City has obtained possession of the properties needed through the
courts. Final settlement is pending.
13. Localized Storm Drain Improvements
This project will fix the drainage problem at the south end of Front Street (at the MWD easement).
Baseline right of way, utilities, and mapping are established. This project is currently on hold.
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14. Long Canyon Detention Basin - Access Road
This project will construct an access road to the Long Canyon Detention Basin. Plans and
specifications are 90% completed, howeverwinter rains have affected the project conditions and the
scope of work will need to be reevaluated. 't,he City is seeking FEMA funds to remove excess silt.
Project is on hold until FEMA determination is finalized.
15. Pavement Rehabilitation Program - FY 2004/ 2005
This project continues the annual pavement rehabilitation program for City streets. Project scope
focuses on Ynez Road, between Rancho California Road and Solana Way. Completed 90% PS&E
internal and external review. PS&E is being finalized. Advertising is anticipated by the end of July
" 2005. .. .... . .
16. Pavement Rehabilitation Program - FY 2005/ 2006
Portions of Diaz Road will be rehabilitated. Completed aerial photogrammetry and baseline
mapping. PS&E is 50% complete.
17. Rancho California Median Modifications
This project will modify the median on Rancho California Road just east of 1-15 to accommodate one
more lane of traffic. Project is in preliminary design phase. Project is on hold.
PROJECTS IN THE PLANNING STAGE
1. 1-151 SR 79 South Interchange - Project Report (PR)
This project will modify the 1-151 SR 79 South Interchange to accommodate projected future traffic.
This is the next step of project development after the completion of the Project Study Report.
Research of existing utility facilities is complete. Phase I Initial Site Assessment is complete.
Compilation of aerial photogrammetry data is being performed. Environmental baseline constraint
surveys were initiated.
Caltrans is reviewing the proposed Project Schedule, Project Charter, Risk Management Plan, and
Project Communication Plan.
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 Interchange and the 1-15/1-215
split. The Project Report was submitted to Caltrans at the end of June 2005. The PR is under review
by the State. Comments are due back at the end of July. The Consultant asked me to chase
comments from Caltrans. I will start my chase on Monday 7-18-05. A coordination meeting with the
city of Murrieta was held on 7-7-05. Bill Hughes, Scott Harvey and Kavon Haghighi from Temecula,
Russ Napier from Murrieta and George Hale from the consultant office attended. I met with Bruce
Ko the week before and got the list of reviewers from him. I also got his concurrence on contacting
the reviewers. He asked me not to contact FHWA representative. FHWA engineer likes to be
contacted by state personnel only.
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3. French Valley Parkway Interim Southbound Off-Ramp to Jefferson, Auxiliary Lane, and
Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp
- Phase I
The City and Caltrans have agreed that immediate action is required to relieve congestion at the
Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the
construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek. A southbound
off-ramp to French Valley Parkway will be included in the construction of the improvements at the
Winchester southbound off-ramp provided that all the environmental clearances can be obtained in
time. An amendment to Moffatt & Nichol's contract was approved by City Council at the May 24,
2005 meeting. The consultant is anticipating to submitthe plans for first plan check atthe beginning
of 2006. Consultant contac:;ted Kavon and asked about the encroachment permit process at the City
and Caltraris. I explained the process and was told that EMI will contact me to get more information.
They will do the geotechnical work for the interim project.
4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula 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. In order to proceed with the design of Diaz Road Extension for the proposed
college, the alignment study was restarted with the existing information. The consultant completed a
base map for the Diaz Road extension alignment.
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MEMORANDUM
TO: Bill Hughes, Director of Public Works/City Engineer
FROM: ~~Brad Buron, Maintenance Superintendent
DATE: July 1,2005
SUBJECT:
Monthly Activity Report - June, 2005
The following activities were performed by Public Works Department. Street Maintenance Division in-house personnel
for the month of June, 2005:
I. SIGNS
A. Total signs replaced ~
B, Total signs installed ---2
c. Total signs repaired ~
II, TREES
A.
Total trees trimmed for sight distance and street sweeping concerns
---1
III. ASPHALT REPAIRS
A.
B,
Total square feet of A, C. repairs
Total Tons
4,345
~
IV, CATCH BASINS
A.
Total catch basins cleaned
-21
V, RIGHT-OF-WAY WEED ABATEMENT
A.
Total square footage for right-of-way abatement
~
VI. GRAFFITI REMOV AI.
A,
B.
Total locations
~
9,975
Total S,F.
VII, STENCILING
A, 668 New and repainted legends
B, 21.615 L.F, of new and repainted red curb and striping
R:\MAINT AIN\MOACfRP1\2004-200S\JUNE
Also, City Maintenance staff responded to ~ service order requests ranging from weed abatement, tree trimming,
sign repair, A,C. failures, litter removal, and catch basin cleanings, This is compared to ~ service order requests
for the month of May. 2005.
The Maintenance Crew has also put in 110 hours of overtime which includes standby time, special events and
response to street emergencies,
The total cost for Street Maintenance perfonned by Contractors for the month of June. 2005 was $71.545.00 compared
to $63.371.00 for the month of May. 2005.
Account No. 5402
Account No, 5401
Account No, 999-5402
$ 12,275,00
$ 59,270.00
$ -0-
cc: Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer (Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
Jerry Alegria, Senior Engineer (Land Development)
R:\MAINT AtN\MOACTRPT\2004-2005\JUNE
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STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of June, 2005
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE
CONJ'RACTOR: BECKER ENQINEERING
Date: 06/15/05 VIA LOBO CHANNEL REPAIR DAMAGED FENCE AT ENTRANCE TO
CHANNEL
# 5401 TOTAL COST $ 6,800.00
Date: 06/14/05 WOLF STORE ROAD REPLACED SAFETY BARS TO CATCH BASINS
# 5402
TOTAL COST $ 450.00
Date 06/15/05: HWY 79 SO, AT JEDEDIAH SMITH PLACE RIP-RAP AND SLURRY AROUND DAM-
ROAD AGED RETENTION BOWL
# 5401 TOTAL COST $ 11,500,00
Date: 06/13/05 BUTTERFIELD STAGE PARK REMOVE AND REPLACE DAMAGED FENCING
AROUND CHANNEL
#
TOTAL COST $ 4,220.00
Date: 06/20/05 LOWER VALLEJO CHANNEL REMOVE SILT FROM CHANNEL; RE-SET AND
PLACED RIP-RAP SLURRY AREA
# 5401 TOTAL COST $ 36,750.00
Date: 06/24105 CITYWIDE A,C. SAW CUTTING FOR CITY PATCH TRUCK
# 5402
TOTAL COST $ 6,825.00
CONTRACTOR: @N'E'SCOMMERCIAL.Ml;\YNAGEMENT
Date: 06/05/05 CITYWIDE WEED ABATEMENT AND TRASH PICK-UP ALONG
CITY R.O,W's
# 5402
TOTAL COST $ 5,000.00
TOTAL COST ACCOUNT #5401 $ 59,270.00
TOTAL COST ACCOUNT #5402 $ 12,275.00
TOTAL COST ACCOUNT #99-5402 -0 -
R:\MAINT AIN\MOACfRP1\2Q04-2005\JUNE
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REPAIRS
MONTH OF JUNE, 2005
~ ., ....\.- .~)~t s:<,h~,""0 ""'''~> / TOTAL
DA'FE' L St~l~'E'!(,I}.JJl'WQRJl{ S.}f.
. ' . . .., lIQNS
06/01105 SOLANA AT MARGARITA R&R A.C, 532 9
06/07105 SOLANA AT YNEZ A.c. OVERLAY 308 3
06108/05 YNEZ AT OVERLAND / 28964 FRONT STREET OVERLAY / R&R 210/109 6
06/09/05 CLUBHOUSE AT TOURNAMENT A,C. OVERLAY 875 4,5
06/14/05 OLYMPIC AT W AILEA A,C. OVERLAY 920 4,5
06/15/05 CLUBHOUSE AT CREEKSIDE A.c. OVERLAY 841 3,5
06/20/05 RAINBOW CANYON ROAD A.c. OVERLAY 250 2,5
06/28/05 5TH STREET A,C, OVERLAY 300 3
TOTAL S.F. OF REPAIRS 4.345
TOTAL TONS 36
R:\MAINTAINIWKCMPLm\ASPHAL T,RPR\04.05\JUNE
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
'CATCH BASIN MAINTENANCE
MONTH OF JUNE, 2005
"" ""'<, ~ ". ,..... :c~ ':"~" "''''', , " .. ..
0~1!E I, "W(:ijRl~;!D.<1)JS:1i8r;EWJj)ID .
,.i. ,...............;.....::....... -:. ..;
06/13/05 CITYWIDE CLEANED & CHECKED 13 CATCH BASINS
06/14/05 AREA # 1 CLEANED & CHECKED II CATCH BASINS
06/16/05 CITYWIDE CLEANED & CHECKED 6 CATCH BASINS
06/27/05 CITYWIDE CLEANED & CHECKED 7 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED --B.
R:\MAINTA1N\WKCMPLETD\CATCHBAS\04.05\JUNE
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
~i {;~> .,.;:ij;~ ..~";~rn' . < ""'~".. .,.
Ji)AJPE ,..;:,.;:..
06/01/05 VIA RIO TEMECUJLA AT A VENIDA DE MISSIONES REMOVED 2,930 S,F. OF GRAFFITI
06102/05 6TH STREET AT FRONT STREET REMOVED 4 S,F, OF GRAFFITI
06/02/05 CORTE ALGETE AT CORTE BENAVENTE REMOVED 6 S,F. OF GRAFFITI
06/06/05 NO, GENERAL KEARNEY AT DEER MEADOW REMOVED 75 S,F, OF GRAFFITI
06/06/05 NO, GENERAL KEARNEY AT BRIDGE REMOVED 51 S,F, OF GRAFFITI
06/06/05 32085 HWY, 79 SO, REMOVED 107 S,F. OF GRAFFITI
-
06/06/05 31467 PIO PICO REMOVED 60 S,F, OF GRAFFITI
06/06/05 CALLE MEDUSA AT PEGGY SUE LANE REMOVED 300 S,F, OF GRAFFITI
06/07105 SANTA GERTRUDlS CREEK AT WINCHESTER REMOVED 560 S,F, OF GRAFFITI
06109/05 V AIL RANCH AT HARMONY REMOVED 214 S,F, OF GRAFFITI
06/10105 FELIX VALDEZ REMOVED 75 S,F, OF GRAFFITI
06/13/05 28464 FELIX VALDEZ REMOVED 136 S,F, OF GRAFFITI
061I3105 CITY PROPERTY ON PUJOL REMOVED 82 S,F, OF GRAFFITI
06/13105 MAIN STREET BRIDGE REMOVED 58 S,F, OF GRAFFITI
06/13/05 A VENIDA DE MISSIONES REMOVED 4 S,F, OF GRAFFITI
061I3/05 TARGET CENTER REMOVED 206 S,F. OF GRAFFITI
061I3105 MAIN STREET AT THEATER REMOVED 24 S,F, OF GRAFFITI
06/13/05 MAIN STREET HOTEL REMOVED 120 S,F. OF GRAFFITI
06/13/05 MARGARITA AT WINCHESTER REMOVED 17 S,F. OF GRAFFITI
06/14/05 5TH STREET AT OLD TOWN FRONT REMOVED 49 S,F, OF GRAFFITI
06/14/05 28464 FELIX VALDEZ REMOVED 82 S,F, OF GRAFFITI
06/14/05 PUJOL STREET REMOVED 65 S,F, OF GRAFFITI
06/15105 1-]5 AT BEST WESTERN REMOVED 299 S,F, OF GRAFFITI
06/16/05 4TH STREET AT OLD TOWN FRONT REMOVED 10 S,F, OF GRAFFITI
06/16/05 4TH STREET AT MERCEDES REMOVED 18 S,F, OF GRAFFITI
MONTH OF JUNE, 2005
R:\MAlNTAIN\WKCMPLTDlGRAFFlTI\04.05\JUNE
<"'~I~!fg.,(ri_';:~,.,;; ""~~~""'''''''''
,.....
06/17/05 RANCHO CALIFORNIA ROAD AT 1-15 NORTH REMOVED 30 S,F, OF GRAFFITI
06/20105 28464 FELIX VALDEZ REMOVED 280 S,F. OF GRAFFITI
06/20105 PUJOL AT MAIN STREET REMOVED 252 S,F, OF GRAFFITI
06/20/05 MAIN STREET BRIDGE REMOVED 284 S,F, OF GRAFFITI
06/20105 IMAGINATION WORKSHOP REMOVED 83 S,F. OF GRAFFITI
06/20/05 REDHA WK AT WOLF STORE REMOVED 8 S,F, OF GRAFFITI
06/20105 A VENIDA DE MISSIONES AT RIO TEMECULA REMOVED 6 S,F, OF GRAFFITI
06/20105 RAINBOW CANYON ROAD REMOVED 8 S,F, OF GRAFFITI
06/20105 GRANNY'S ATTIC REMOVED 404 S,F, OF GRAFFITI
06!2l/05 28464 FELIX VALDEZ REMOVED 213 S,F. OF GRAFFITI
06/21/05 28459 FRONT STREET REMOVED 32 S,F, OF GRAFFITI
06/2 1/05 REDHA WK AT HWY 79 SO, REMOVED 28 S,F, OF GRAFFITI
06!2l/05 TARGET CENTER REMOVED 178 S,F, OF GRAFFITI
06/2 1/05 SANTA GERTRUDIS AT WINCHESTER REMOVED 54 S,F, OF GRAFFITI
06/2 1/05 CHANNEL BEHIND MERCANTILE BUILDING REMOVED 1060 S,F, OF GRAFFITI
06!2l/05 GRANNY'S ATTIC REMOVED 98 S,F, OF GRAFFITI
06!2l/05 24864 FELIX VALDEZ REMOVED 30 S,F, OF GRAFFITI
06!2l/05 TIERRA VISTA REMOVED 24 S,F. OF GRAFFITI
06!2l/05 VIALEVANTAR REMOVED 10 S,F, OF GRAFFITI
06/21 105 PECHANGA P ARKW A Y AT CUPENO REMOVED 25 S,F, OF GRAFFITI
06/23/05 28690 MERCEDES REMOVED 250 S,F, OF GRAFFITI
06/27/05 28464 FELIX VALDEZ REMOVED 124 S,F, OF GRAFFITI
06/27/05 CAMINO PIEDRA ROJO REMOVED 125 S,F, OF GRAFFITI
06/27/05 40240 CALLE MEDUSA REMOVED 46 S,F. OF GRAFFITI
06/29/05 OLD TOWN REMOVED 70 S,F. OF GRAFFITI
06/29/05 WINCHESTER AT MURRIETA CREEK REMOVED 25 S,F. OF GRAFFITI
06/30105 TEMECULA CREEK REMOVED 670 S,F. OF GRAFFITI
TOTAL S, F, GRAFFITI REMOVED 9.975
TOTAL LOCATIONS 52
R:\MAINTAIN\WKCMPLTDIGRAFFITI\04.05VUNE
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CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SERVICE ORDER REQUEST LOG
MONTH OF JUNE, 2005
DATE DATE WORK
REC'D LOCXTION , REQUEST COMPLETED
06/01/05 YNEZ AT OVERLAND SINKHOLE IN A.C, 06/01105
06/01/05 30876 BARDMORE DRIVE TREE TRIMMING 06/01/05
06/01105 29820 CORTE FALDAS TREE PLANTING 06/01105
06/01105 44800 LINDA LOU RANCH ROAD TREE TRIMMING 06/0 1105
06/02/05 44766 CALLE BANUELOS DEBRIS PICK-UP 06/02/05
06/02/05 RANCO VISTA AT VIA TORENO SNS REPAIR 06/02/05
06/02/05 PECHANGA PARKWAY AT MUlRFIELD SNS REPAIR 06/02/05
06/02/05 PAISANO COURT AT TARA STREET SNS MISSING 06/02/05
06/02/05 29005 LAKE HOUSE ROAD NHWS INSTALL 06/02/05
06/02/05 30482 SPICA COURT TREE TRIMMING 06/02/05
06/03/05 31063 CORTE ALAMAR WATER LEAK 06/03/05
06/03/05 31737 CALLE REDONDELA SNS REPAIR 06/03/05
06/03/05 31250 INDIAN SUMMER ROAD SINKHOLE 06/03/05
06/03/05 43738 BUTTERNUT DRIVE BROKEN LIMB 06/03/05
06/06/05 40296 TANAGER DEBRIS PICK-UP 06/06/05
06/07/05 4TH STREET AT OLD TOWN FRONT CATCH BASIN CLEANING 06/07/05
06/07/05 LA SERENA ROAD AT MEADOWS PARKWAY DEBRIS PICK-UP 06/07/05
06/07/05 30375 DE PORTOLA DRAINAGE CONCERN 0607/05
06/08/05 28841 VALLEJO A VENUE SWEEPER CONCERN 06/08/05
06/09/05 MILKY WAY AT ASTEROID SWEEPER CONCERN 06/09/05
06/I 0/05 41126 CAMINO CORTO ROCKS ON SIDEWALK 06/I 0/05
06/10/05 OLD TOWN FRONT AT RANCHO CALIFORNIA ROAD HAZ MAT SPILL 06/I 0/05
06/10/05 30656 SOUTHERN CROSS SIDEWALK REQUESTED 06/10105
06/10/05 45344 TOURNAMENT LANE TREE TRIMMING 06/10/05
I 06/10/05 31002 SHABA CIRCLE SIDEWALK SINKING 06/10/05
R:\MA[NT A1N\WRKCOMPLTD\SORS\04.0SIJUNE
,
DATE I!)ATE WO~K
REC'D ,LOCA'FION ,.. .. REQUEST COMPLETED
06/1 0/05 HOPACTONG AT ALEHZON SNS DOWN 06/1 0/05
06/13/04 MARGARITA AT WINCHESTER GRAFFITI 06/10/05
06/14/05 RANCHO CALIFORNIA ROAD AT JEFFERSON DEBRIS PICK-UP 06/14/05
06/14/05 30552 IRON BARK COURT CATCH BASIN CLEANING 06/14/05
06/14/05 27423 YNEZ ROAD GRAFFITI 06/14/05
06/15/05 31815 CORTE SAGUNTO TREE TRIMMING 06/15/05
06/16/05 KNOLL RIDGE DRIVE OIL SPILL 06/16/05
06/1 7/05 12676 TEMEKU DRIVE SIGHT DISTANCE CONCERN 06/17/05
06/17/05 40300 CALLE TORCIDA A.c. REPAIRS 06/17/05
06/20/05 31005 DULCE COURT TREE REMOVAL 06/20/05
06/20/05 BUTTERFIELD STAGE ROAD S/O RANCHO VISTA DEBRIS REMOVAL 06/20/05
06/20/05 44766 CALLE BANUELOS DEBRIS REMOVAL 06/20/05
06/20/05 45332 TOURNAMENT LANE STANDING WATER 06/20/05
06/21/05 TIERRA VISTA AT YNEZ DEBRIS REMOVAL 06/21/05
06/21/05 30135 MILANO DRIVE CLEAN STORM DRAIN 06/21/05
06/21/05 27180 RAINBOW CREEK DRIVE SKATEBOARD IN DRAIN 06/21/05
06/21/05 43232 BROOKW A Y DRIVE STANDING WATER 06/21/05
06/22/05 43978 EL LUCERO STANDING WATER 06/22/05
06/22/05 27180 RAINBOW CREEK DRIVE SKATEBOARD IN DRAIN 06/22/05
06/22/05 YNEZ AT TOWN CENTER TREE REMOVAL 06/22/05
06/22/05 MARGARITA AT OVERLAND HOLE IN SIDEWALK 06/22/05
06/23/05 43447 CORTE RIALTO S,N,S, MISSING 06/23/05
06/27/05 V AIL RANCH PAINT ON CAR 06/27/05
06/27/05 41227 COG HILL DRIVE WEEDS IN STREET 06/27/05
06/28/05 29294 PROVIDENCE CELL IN BASIN 06/28/05
06/28/05 42440 AGENA STREET DEAD TREE 06/28/05
06/30/05 42344 VIA CONSUELO WEED ABATEMENT 06/30/05
TOTAL SERVICE ORDER REQUESTS 52
R:IMAINT AIN\WRKCOMPLTD\SORS\04.0S\JUNE
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF JUNE, 2005
'.' ,"".,., ':>' ...' 'i',~;5: 1.>/' ~ :.
D~TE " ":','~:. '" l:"f"" !",
06/01/05 VIA RIO TEMECULA REPLACED W-57, uN" MARKER
06/01/05 AMARIT A AT VIA RAMI REPLACED W-I7
06/02/05 RANCHO CALIF, ROAD AT BUTTERFIELD STAGE REPLACED 5 DELINEATORS
06/03/05 PECHANGAPARKWAY AT TEMECULA CREEK REPLACED R-7
06/03/05 NICHOLAS AT WINCHESTER REPLACED 2 DELINEATORS
06/03/05 CITYWIDE REPAIRED 9 SIGNS
06/07/05 PUJOL AT 6TH STREET REPLACED S,N,S"R-I
06109/05 V AIL RANCH AT HARMONY REPLACED R-7,R-I-3
06/10/05 HOPACTONG AT ALEHZON REPLACED SNS
06/1 0/05 1 ST STREET AT OLD TOWN FRONT REPLACED W-31, uN" MARKER
06/14/05 DE PORTOLA AT BUTTERFIELD STAGE ROAD REPLACED W-74
06/14/05 BUTTERFIELD STAGE AT CROWNE HILL DRIVE REPLACED R-7
06/14105 JEFFERSON AT ENTERPRISE REPLACED R-7
06/15/05 A VENIDA DE MISSIONES AT RIO TEMECULA REPLACED W-57
06/15/05 V AIL RANCH AT CAMINO RUBANO REPLACED uN" MARKER
06/16/05 OVERLAND AT COSTCO REPLACED R-7, K MARKER
06/ I 6/05 MARGARITA AT WINN-CO FOODS REPLACED R-7, K MARKER, R-34
06/16/05 MARGARITA AT WINCHESTER REPLACED R-7, K-MARKER, DELINEATOR
06/17105 I ST STREET AT OLD TOWN FRONT STREET REPLACED uN" MARKER
06/22/05 SIB 1-15 OFF RAMP INSTALLED R-IQ-IIA
06/23/05 SPICA COURT AT SOUTHERN CROSS INSTALLED R-I
06/24/05 VIA EDUARDO INSTALLED R2-45
06/27/05 CAMINO PIEDRA ROJO REPLACED W-66, W-66-A
R:\MAINTAIN\WKCMPLTD\SIGNS\04.0SVUNE
" , , ~T>"\i""~i' < 'ycy .,. ""';"':.i'C"''''', "",';;'
Wi'" It'...."'''t~1!r.~...
J')l\'lJlE .....,. ......l.; .'. '.' . 'i...'. ,;~~..:(R!i>~~~d(lliY .....
06/27/05 RANCHO CALIF, ROAD AT BUTTERFIELD STAGE REPLACED 5 DELINEATORS
06/28/05 RANCHO CALIFORNIA ROAD AT HOPE WAY REPLACED R-26S
06/28/05 TARA STREET AT PAISANO REPLACED S,N,S,
06/28/05 OLYMPIC WAY AT BRIDGEVIEW CIRCLE REPLACED SNS
06/28105 RANCHO CALIF, ROAD AT CHARDONNAY HILLS REPLACED 13 DELINEATORS
06/28/05 RANCHO CALIFORNIA ROAD AT MARGARITA REPLACED 1 DELINEATOR
06/28/05 RANCHO CALIFORNIA ROAD AT YUKON REPLACED R-26
06/28/05 WINCHESTER AT MARGARITA MEADOWS REPLACED R-7, "K" MARKER
06/29105 CITYWIDE REPAIRED 8 SIGNS
06/30/05 REDHA WK REPAIRED 18 SIGNS
TOTAL SIGNS REPLACED ---22
TOTAL SIGNS INSTALLED ---1
TOTAL SIGNS REPAIRED 35
R,\MAINT AIN\WKCMPLTD\SIGNS\04.05\1UNE
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF JUNE, 200S
'.3~." ',' ..... >>'/.2'.' " . . .".',..h)~.. L.,.. L
IDATE . .is/."/' I,.;;....;. .... " .' .~IDR'K.@ID:N1IBE,E!I'zElID
i'"<({} >,\.", ....,\" _'_,; __<~___
06/0 1105 AREA #2 REPAINTED 6,236 LF RED CURB
06/02/05 AREA #2 REPAINTED 5,842 LF RED CURB
06/06/05 YNEZ S/O SANTIAGO REPAINTED 28 LEGENDS
06/07/05 AREA #2 REPAINTED 4,262 LF RED CURB
06/08/05 AREA #2 REPAINTED 3,9 I 6 LF RD CURB
06/09/05 AREAS #2 & #3 REPAINTED 1,359 LEGENDS
06/09/05 AREA # 1 REPAINTED 14 LEGENDS
06/13/05 AREA # 1 REPAINTED 60 LEGENDS
06/14/05 AREAS # I AND #2 REPAINTED 32 LEGENDS
06/15/05 AREA #2 REPAINTED 30 LEGENDS
06/20/05 MAJOR ARTERIALS REPAINTED 61 LEGENDS
06/21/05 MAJOR ARTERIALS REPAINTED 48 LEGENDS
06/22/05 MAJOR ARTERIALS REPAINTED 47 LEGENDS
06/23/05 OLD TOWN AREA REPAINTED 226 LEGENDS
06/28/05 OLD TOWN AREA REPAINTED 59 LEGENDS
06/29/05 OLD TOWN AREA REPAINTED 63 LEGENDS
TOTAL NEW & REPAINTED LEGENDS ~
NEW & REPAINTED RED CURB & STRIPING L.F. 21.615
R:\M:AINT AIN\WRKCOMPL TD\STRIPING\04.05\JUNE
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF JUNE, 2005
<."'.\8:':..~ " <0' .,... ~ "",9'1'/ "~ ::c, ,.,1 I." "~ ..
DA'llE ... ;U;,..:,> IDc,
06/29105 6TH STREET AT MERCEDES TRIMMED 2 R.O,W, TREES
TOTAL R.O.W. TREES TRIMMED -1
R:\MAINTAIN\WRKCOMPLTD\TREES\04-0S\JUNE
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT -OF -WAY WEED ABATEMENT
MONTH OF JUNE, 2005
'J ." .;(;"'.'.r . , C7 cy '.. .
.... l,' ;"i\. ':>>,....::,'.
Ii)'~TE ; , . i ..... ,....../. .. ,... , ~/;ll!!M>>tJiimIiII~
06/29/05 6TH STREET AT MERCEDES ABATED 180 S,F, R,O,W, WEEDS
TOTAL S,F. R.O, W, WEEDS ABATED 180
R:\MAINTAIN\WKCOMPLTD\WEEDS\04.05\JUNE
DOCUMENTS SUBMITTED
FOR THE RECORD
03.07/ 17-26-05
July 21, 2005
Temecula City Council RECEIVED
43200 Business Park Drive
Temecula CA 92590 JUL 2 5 2005
Subject: PA04-0390 Vinyard View Estates LLC CITY CLERKS DEPT.
Dear Temecula City Council,
We are residents on Cercle Chambertin. Our property will back up to the Vinyard
View Estates development that you are looking to re-zone. Our property is actually the
closest lot on the street to the proposed development. We will be less than 30 yards away
from one of the lots. Even more of a concern is the fact that the Vineyard View
Estates property actually is at a higher elevation than our lot. The new home will
look directly down into our two- story home.
Before we purchased our home seven years ago from the Lennar Corporation,we
researched the vacant property that would be behind our home. Since our particular
property location sits the closest to the potential development,we were very concerned
about the fact that the lot behind us actually sits above our lot and would look down
directly into our home. We were assured that the lot would be graded down to an
elevation equivalent to our lot and due to the small density of the development(fourteen
custom homes),the home would not be invading our privacy. With those assurances,we
purchased the home.
Unfortunately, instead of fourteen custom homes on one-acre lots, Mr. Younis wants
to develop over 40 homes on lots as small as 7,000 sq. ft. This is an increase in density of
over 35%! The amount of traffic and noise from 14 homes is nothing in comparison to
that of 40 homes! The city of Temecula has allowed and is continuing to allow
unrestrained growth. The infrastructure of this city cannot handle one more development
where the density is increased beyond what it was originally intended for.
A number of months ago, some of the residents concerned with this project met with
Mr. Youths. He made concessions to some of the homeowners (ie: Agreed to a greenbelt
behind the house at the top of Cercle Chambertin). However, when we asked for him to
grade the lot down behind our property to the same elevation as our home, we were told
that"their dirt cost more than our house", and that they were unwilling to grade at all.
Obviously, his 18+acres of land are worth more than our 11,000 sq. ft. lot, we
understand that. However, we purchased our home and designed our backyard landscape
with the understanding that we would not have a house situated above us looking down
into our house and yard. It is interesting to note that when Mr. Younis was the developer
of record for the proposed church on the same piece of property,he was willing to lower
the lot by thirteen feet!! Yet,he cannot lower the lot at all now? We are not a developer
with millions of dollars,we are Temecula residents that pay property taxes, shop and
spend money in this city. It has been extremely distressing to us that the City Council
would approve a plan that would not look into the best interests of the current city
residents and taxpayers.
We are appealing to you,the City Council to look out for us,the Temecula city
homeowners. Isn't that what you are in office to do?
We urge you strongly do not approve this plan to reduce the density of this property.
Do not approve the Vinyard View Estates.
•
Thank you for your time and consideration,
Sincerely,
Daniel A. & Sheri A. Morgan
,
• Notice of Public Hearing
THE CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s)described below.
Case No: PA04-0390 Margarita Village Specific Plan Amendment and PA04-0392 Vinyard View
Estates Tentative Tract Map No. 23103-2
Applicant: Vinyard View Estates LLC, Marwan Younis
Location: Northwest corner of Butterfield Stage Road and Chemin Clinet
Proposal: The proposed project includes a Specific Plan Amendment to Planning Areas 7 and 9 of the
Margarita Village Specific Plan (text and map-PA04-0390) and Tentative Tract Map No.
23103-2(PA04-0392).The project area includes 18.32 acres that is currently undeveloped.
The Specific Plan Amendment is a request to amend the zoning designation from L-1 (one
acre minimum)to Low Medium (7,200 square feet minimum)in Planning Area 7,and from L-
1 to L-2(20,000 SF min.) in Planning Area 9. The proposed Specific Plan amendment also
includes a request to change the land use designation in the Margarita Village Specific Plan
from Low Density to Medium Density in Planning Area 7. No specific plan land use change
is proposed for Planning Area 9. The Tentative Tract Map (No. 23103-2) is a request to
subdivide 18.3 acres into 40 parcels, including 37 residential lots and 3 open space lots
(Planning Area 7A—29 res. lots and Planning Area 9A—8 res. lots).
Environmental Action: Mitigated Negative Declaration
Any person may submit written comments to the City Council before the hearing(s)or may appear and be heard in
support of or opposition to the approval of the project(s)at the time of hearing. If you challenge any of the projects
in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s)
described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public
hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula
Planning Department,43200 Business Park Drive, Monday through Friday from 8:00 AM until 5:00 PM. Questions
concerning the project(s) may be addressed to Emery Papp, Senior Planner, City of Temecula Planning
Department, (951) 694-6400.
PLACE OF HEARING City Council Chambers
43200 Business Park Drive
Temecula, California
DATE OF HEARING July 26, 2005
TIME OF HEARING 7:00 PM
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DOCUMENTS SUBMITTED
FOR THE RECORD
ect
7/24/ iM
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME, l
/ (Printed) ADDRESS SIGN URE TEL.NO.(Optiona
Tl i m cayinvs.vo
_ _i
, ..c.-///.,?
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURETEL. NO.(Optional)
/
/ `'
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen (14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO. (Optional)
E ,47/- 2 C/9
-
.
1
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME Printed - ADDRESS SIGNATURE TEL. NO.(Optional)
{
/ 0///
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME (Printed) ADDRESS SIGNATURE TEL. NO.(Optional)
I 4 WYA5v1
1
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
[NAME(Printed) jADDRESS SIGNATURE TEL.NO.(Optional)
leo 6 -,t' ANDE,e5O N
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area. -
NAME(Printed) I ADDRESS SIGNATURE TEL.NO.(Optional)
31 \t M Q9-34-)C-c--
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS ,TUR TEL. NO.(Optional)
2 Lely L) ;h1�e h ' ,.�►
1 2/I 7 2
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURETEL. NO.(Optional)
or)-1 �G�"eJ
CHARDONNAY HILLS PETITION
? � l
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional)
(4" j ii �t. r' IGir S '-
cJ O I/0 et,,°MN)
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional)_
m0/711 / 't/// MI
-- --J
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional)
�jalne, Vanhee'
,//
P-,/,/ 2__,
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen (14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNAT RE TEL. NO.(Optional)
/kre-5g- 544e
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAMjPrinted) ADDRESS SIG AT E / TEL. NO.(Optional)
Pt41 lk4(“
. //e)
CHARDONNAY HILLS PETITION
We,the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional)
M Bey M. d.0Ivuo,e
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional)
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed ADDRESS SIG ATURE / TEL. NO.(Optional)
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIG ,,•T URE I F/f L.NO. O Iona)
'API A: A 4 .11 •
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE 1 TEL.NO.(Optional)
Lv ra C€,-tc.hez_ ) ( ,
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional)
KIASUlarje55
.79/2_?
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO. (Optional)
0-61e-e-tk
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(PrintedL ADDRESS SIGNATURE TEL.NO.(Optional)
f`F r/7 E Rim
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen (14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME PriPrinted
( ) ADDRESS SIGNATURE- —I 1 TEL. NO. (Optional)
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional)
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional)
1 V "( . �1 ':-
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO. O•tional)
x'h,� �t c zoo
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CHARDONNAY HILLS PETITION ii0)3
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME Prin--d ADDRESS SIGNATURE TEL. NO.(Optional) _
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yI (
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL.NO. (Optional) —1
h n� 16 5‘\,&- r�5,e,vv,, i e aa C4`1 -57( S
CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAMPrinted)
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CHARDONNAY HILLS PETITION
We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family
lots that were originally proposed and zoned for the area behind the current recreational area at the end of the
existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills.
We respectifully request that the Planning Comission and the City Council maintain the existing zoning and
land use designation for this area.
NAME(Printed) ADDRESS SIGNATURE TEL. NO j9ptional)
4/er� " GH /�� _
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