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Home My WebLink About121096 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE DECEMBER 10, 1996 7:00 PM 6-30 PM - Closed Session of the CitY Council pursuant to Government Code 54956.9(b), one matter of potential litigation. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 1 0:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. Next in Order: Ordinance: No. 96-23 Resolution:No. 96-140 CALL TO ORDER: Mayor Karel Lindemans presiding Prelude Music: Rachael Wunsch Invocation: Pastor W.M. Wrench of Calvary Baptist Church of Temecula Flag Salute: Councilmember Ford ROLL CALL: Birdsall, Ford, Roberts, Stone, Lindemans PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the Agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. R:\Agenda\l 21 096 1 For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2Resolution Approvinci List of Demands RECOMMENDATION: 2.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3City Treasurer's Report RECOMMENDATION: 3.1Receive and file the City Treasurer's Report as of October 31, 1 996. R:\Agenda\l 21 096 2 4Resolution in Support of an Inland Empire Routinci of Hicih S12eed Rail Between Los Ancieles and San Diego. RECOMMENDATION: 4.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT AN INLAND EMPIRE ROUTING OF HIGH SPEED RAIL BETWEEN LOS ANGELES AND SAN DIEGO 5Approval of Parcel Map No. 2831 7 (Located on the Northerly Side of Winchester Road [Highway 79 North] and the Intersection of Ynez Road) RECOMMENDATION: 5.1Approve Parcel Map No. 2831 7, subject to the Conditions of Approval. 6Substitute Subdivision Improvement Acireements and Public Improvement Bonds in Tracts No. 23371 -1 through 23371-3 and Direct the City Clerk to so advise the Developer and Sureties. RECOMMENDATION 6.1Accept substitute Subdivision Improvement Bonds in Tracts No. 23371 through 23371-3 and direct the City Clerk to so advise the Developer and Sureties. 7Acceptance of Offers of Dedication for Street, Drainacie, Utilities and Services Within Temeku Tracts no. 23371-1 through 23371-5 RECOMMENDATION: 7.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACCEPTING OFFERS OF DEDICATION FOR PUBLIC STREET, DRAINAGE, UTILITY AND SERVICE PURPOSES WITHIN TRACTS NO. 22271-1 THROUGH 23371-5 R:\Agenda\l 21096 3 8Acceptance of Public Improvements in Tract No. 21 675-5 (Located Northwesterly of intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 8.1Accept the Public Improvements in Tract No. 21 675-5, Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Bonds for streets and drainage, and water and sewer security amounts and release of the Traffic Signalization Mitigation Security. 8.2Accept substitute securities for Faithful Performance Warranty and Labor and Materials and Direct the City Clerk to so advise the Developer and Sureties. 9Acceptance of Public Streets into the City-maintained Street System Within Tract No. 21675-5 (Located Westerly of the intersection of Rancho Vista Road at Meadows Parkway) RECOMMENDATION: 9.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 21675-5) 1 0 Release of Gradinci Bonds in Tracts No. 241 31 and 241 36 (Located Southwesterly of the intersection of Meadows Parkway at Pauba Road RECOMMENDATION: 10.1Authorize the release of Grading Bonds in Tracts No. 241 31 and 241 36. 10.2Direct the City Clerk to so notify the Developer and Surety. 1 1Acceptance of Public Streets into the City-maintained Street System - Tract 241 34-1- (Located Southeasterly of intersection of Margarita Road and Pauba Road) RECOMMENDATION: 11.1Adopt a Resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 24134-1) R \Agenda\ 1 21 096 4 1 2Acceptance of Public Improvements in Tract No. 241 34-1 (Located Southeasterly of intersection of Margarita Road and Pauba Road) RECOMMENDATION: 1 2.1Accept the Public Improvements in Tract No. 241 34-1, and Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage and Water and Sewer security amounts and release the Traffic Signalization Mitigation security. 1 2.2Accept substitute securities for Faithful Performance Warranty and Labor and Materials and Direct the City Clerk to so advise the Developer and Sureties. 13Park Improvement Acireement/Crowne Hill - Tract 23143 RECOMMENDATION: 1 3.1Approve the First Amendment of the Parks Improvement Agreement with Taylor Woodrow - Crowne Hill/Tract 23143; 1 3.2Direct the City Clerk to record the Agreement. 14Agreement for Joint Use of Temecula Elementary School RECOMMENDATION: 14.1Approve the agreement between the city of Temecula and the Temecula Valley Unified School District (TVUSD) for joint use of a portion of Temecula Elementary School as part of Margarita Community Park. 1 5Second Reading of Ordinance No. 96-22 RECOMMENDATION: 1 5.1Adopt an ordinance entitled: ORDINANCE NO. 96-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.245 AND 3.28.305 TO AN AMENDING SECTIONS 3.28.140, 3.28.150, 3.28.290 AND 3.32.050 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE SOLICITATION OF PROPOSALS FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT AND THE AWARD THEREOF ON THE BASIS OF HIGHEST QUALITY AND COST EFFECTIVENESS, REVISING ADVERTISING REQUIREMENTS, AND ESTABLISHING THE CITY MANAGER'S AUTHORITY TO APPROVE PURCHASE, SERVICE AND CONSTRUCTION CONTRACTS R,\Agenda\l 21 096 5 RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, TEMECULA REDEVELOPMENT MEETING, OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING and OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY R:\Agenda\l 21 096 6 TEMECULA COMMUNITY SERVICES DISTRICT MEE ING Next in Order: Ordinance:No. CSD 96-01 Resolution:No. CSD 96-10 CALL TO ORDER: President Ron Roberts ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts PUBLIC COMMENT: A total of 1 5 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of November 26, 1 996. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: December 17, 1996, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Age,da\l 21 096 7 TEMECULA REDEVELOPMENT AGENCY MEET[ Next in Order: Ordinance:No. RDA 96-01 Resolution:No. RDA 96-21 CALL TO ORDER: Chairperson Patricia H. Birdsall presiding ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENT: A total of 1 5 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 26, 1996. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next adjourned regular meeting: December 1 7, 1996, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\l 21 096 OLD TOWN WESTSIDE COMMUNI FACILITIES DISTRICT FINANCING AUTHORITY Next in Order: Resolution No.: No. FA 96-1 2 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENTS A total of 1 5 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 26, 1996. ADJOURNMENT Next adjourned regular meeting: November 26, 1 996, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\l 21 096 9 OLD TOWNTWESTSIDE !MPROVEMEN AUTHORITY Next in Order: Ordinance:No. IA 96-01 Resolution:No. IA 96-03 CALL TO ORDER: Chairperson Patricia H. Birdsall presiding ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENT: A total of 1 5 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of November 26, 1996. EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: December 1011 996, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\l 21 096 1 0 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 1 6Planning Application No. PA 96-0107 (General Plan Amendment) and Plannin-q Application No. PA 96-0106 (Zoning Amendment, Specific Plan - Paloma del Sol) RECOMMENDATION: 1 6.1Make a determination of consistency with a project for which an Environmental Impact Report was previously certified. 1 6.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA 96-0107, CHANGING THE GENERAL PLAN LAND USE DESIGNATION ON PLANNING AREA 2 FROM HIGH DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL, PLANNING AREA 29A FROM LOW-MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE/RECREATION, AND PORTIONS OF PLANNING AREA 1 FROM COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL AND MODIFYING FIGURE 2-4 (VILLAGE CENTER OVERLAY) OF THE GENERAL PLAN, DELETING THE AREA CORRESPONDING TO PLANNING AREA 2 FROM THE VILLAGE CENTER OVERLAY AND ADDING AREAS CORRESPONDING TO PLANNING AREAS 5 AND 37 TO THE VILLAGE CENTER OVERLAY ON PROPERTY GENERALLY LOCATED NORTH OF sr 76 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD R:\Agenda\l 21 096 1 1 1 6.3Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0106 (ZONING AMENDMENT, SPECIFIC PLAN NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING PLANNING AREAS 38 AND 39 TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-202-004, 950-020-009 THROUGH 950-020-025, 950- 020-027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955-030-011 1 7Ordinance Amendinci Title 1 5, of the Temecula Municipal Code for Shutoff Valves and Electrical Vehicle Charciinci System Equipment RECOMMENDATION: 17.1Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING TITLE 15, BUILDING AND CONSTRUCTION OF THE TEMECULA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING STANDARDS FOR THE INSTALLATION OF SEISMIC GAS SHUTOFF VALVES AND ELECTRICAL VEHICLE CHARGING SYSTEM EQUIPMENT COUNCIL BUSINESS 1 8Purchase Agreement for Real Property Required for the Western Bypass Corridor Proaect and the 1-1 5/Highway 79S Interchancie Improvement Pro*ect RECOMMENDATION: 18.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY + /- 17,773 SQUARE FEET LOCATED ON THE WEST SIDE OF FRONT STREET IMMEDIATELY WEST OF THE INTERSECTION OF INTERSTATE 15 AND FRONT STREET, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-210-047 R:\Agenda\1 21 096 1 2 1 8.2Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY + /- 50,793, SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-110-005 18.3Authorize an advance of up to $71 8,234 from the General Fund to cover acquisition, escrow, soil testing and closing costs for the Western Bypass Corridor Project. 18.4Authorize an appropriation of up to $258,853 from Development Impact Fees - Public Facilities to cover acquisition, escrow, soil testing, and closing costs fro the I- 1 5/Highway 79S interchange improvement project. 18.5Authorize the Mayor to sign the Purchase and Sale Agreements and Escrow Instructions. 19Riverside County Interciovernmental Aciencies Discussion (Continued from the meeting of November 26, 1 996) Placed on the Agenda at the Request of Councilmember Roberts for discussion and direction) CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: December 17, 1 996, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:@Agenda\l 21096 1 3 ITEI\4 1 ITEI\4 2 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNC]IL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAE%4S AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following clgms and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $539,652.66 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPRED, this 10th day of December, 1996. Karel F. Lindemans, Mayor ATMT: June S. Greek, CMC, City Clerk [SEAL] Resos 122 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of December, 1996 by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC, City Clerk Resos 122 2 CITY OF TEMECULA LIST OF DEMANDS 11/27196 TOTAL CHECK RUN: $142,442.16 12/10/96 TOTAL CHECK RUN: 256,708.75 11127/96 TOTAL PAYROLL RUN: 140,501 @75 TOTAL LIST OF DEMANDS FOR 12/10196 COUNCIL MEETING: 539,652.66 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $59,652.96 165 RDA-LOW/MOD 10,266.10 190 COMMUNITY SERVICES DISTRICT 14,322.19 191 TCSD SERVICE LEVEL A 24.15 192 TCSD SERVICE LEVEL B 61.52 193 TCSD SERVICE LEVEL C 1,055.18 194 TCSD SERVICE LEVEL D 429.71 210 CAPITAL IMPROVEMENT PROJ (CIP) 90,724.98 280 RDA-CIP 208,632@90 300 INSURANCE 560.46 320 INFORMATIONS SYSTEMS 11,894.09 330 SUPPORT SERVICES 461.20 340 FACILITIES 1,065.47 399,150.9i PAYROLL: 001 GENERAL $97,612.57 165 RDA-LOW/MOD 1,703.25 190 TCSD 25,767.54 191 TCSD SERVICE LEVEL A 70.34 192 TCSD SERVICE LEVEL B 177.11 193 TCSD SERVICE LEVEL C 3,202.99 194 TCSD SERVICE LEVEL D 1,067.50 280 RDA-CIP 3,489.08 300 INSURANCE 949.16 320 INFORMATION SYSTEMS 2,953.50 330 SUPPORT SERVICES 855.06 340 FACILITIES 2,653.65 140,501.75 TOTAL BY FUND: $539,652.66 PREPA A G SPECIALIST I,- tx -, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GEM'E RTS, DIRECT6R OF FINANCE I.- HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT RONALD E. BRADLEY, CITY MANAGER VOUCHRE2 CITY OF TEMECULA PAGE 2 12102/96 08:00 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 210 CAPITAL IMPROVEMENT PROJ FUND 58,507.66 280 REDEVELOPMENT AGENCY - CIP 198,201.09 TOTAL ?56,708.75 VOUCHRE2 CITY OF TEMECULA PAGE 1 12102196 08:00 VOIJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40611 12/10/96 002123 BROWN,CHUDLEIGH,SCHULER PROFESSIONAL SERVICES 280-2645 7,000.00 7,000.00 40613 12/10/96 002129 GREAT WEST CONTRACTORS, NOV CONCRETE WRK-PARKVIEW ST. 210-190-626-5804 46,100.00 40613 12/10/96 002129 GREAT WEST CONTRACTORS, RELEASE STOP NOTICE:PARKVIEW 210-2038 24,873.06 40613 12/10/96 002129 GREAT WEST CONTRACTORS, RETENTION W/H PMT#10 PARKVIEW 210-2035 4,610.00- 40613 12/10/96 002129 GREAT WEST CONTRACTORS, STOP NOTICE:PARKVIEW 210-2038 20,427.90- 45,935.16 40614 12/10/96 002397 LANDMARK/CALIFORNIA STA RET:ESCROW ACCT GREAT WEST #10 210-1035 4,610.00 4,610.00 40615 12/10/96 000384 LAW/CRANDALL, INC. OCT PROFESSIONAL SRVCS WALCOTT 210-165-637-5804 7,962.50 7,962.50 40616 12/10/96 000482 LEIGHTON & ASSOCIATES, AUG-OCT PROF SRVCS:WINCH BRDG 280-199-602-5804 7,146.40 7,146.40 40617 12/10196 002164 MAHR CONSTRUCTION NOV PRG PMT#10-SAM HICKS PARK 280-199-805-5804 20,832.39 40617 12/10/96 002164 MAHR CONSTRUCTION C/O #4 NOV SAM HICKS PARK 280-199-805-5804 2,451.25 40617 12/10/96 002164 MAHR CONSTRUCTION RETENTION W/H PMT #10-SAM HICK 280-2035 2,328.38- 20,955.26 40618 12/10/96 002181 RIVERSIDE CONSTRUCTION CREDIT:OVERCHARGE ON CONTRACT 280-199-602-5804 4,649.15- 40618 12/10/96 002181 RIVERSIDE CONSTRUCTION CREDIT ON RETENTION:PW94-21 280-2035 464.92 40618 12/10/96 002181 RIVERSIDE CONSTRUCTION OCT PRGS PMT#9-WINCH/1-15 280-199-602-5804 178,308.51 40618 12/10/96 002181 RIVERSIDE CONSTRUCTION RETENTION W/H PMT#9-WINCH/1-15 280-2035 17,830.85- 156,293.43 40619 12/10/96 001483 TOM DODSON & ASSOCIATES CONSULTING SERVICES FOR 1ST 280-199-807-5802 6,806.00 6,806.00 TOTAL CHECKS 256,708.75 VOUCHRE2 CITY OF TEMECULA PAGE 7 11/27/96 16:46 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 59,652.96 165 RDA DEV- LOW/MOD SET ASIDE 10,266.10 190 COMMUNITY SERVICES DISTRICT 14,322.19 191 TCSD SERVICE LEVEL A 24.15 192 TCSD SERVICE LEVEL B 61.52 193 TCSD SERVICE LEVEL C 1,055.18 194 TCSD SERVICE LEVEL D 429.71 210 CAPITAL IMPROVEMENT PROJ FUND 32,217.32 280 REDEVELOPMENT AGENCY - CIP 10,431.81 300 INSURANCE FUND 560.46 320 INFORMATION SYSTEMS 11,894.09 330 SUPPORT SERVICES 461.20 340 FACILITIES 1,065.47 TOTAL 142,442.16 VOUCHRE2 CITY OF TEMECULA PAGE 1 11/27/96 16:46 VOUCHERICHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40536 11/25/96 002558 NS MICROWAVE RENTAL TRANSMITTER COUNCIL MTG 320-199-999-5250 538.75 538.75 671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 001-2070 82.91 671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 165-2070 3.64 671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 190-2070 69.54 671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 193-2070 6.34 671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 280-2070 9.38 671721 11/27/96 000444 INSTATAX (EDD) 000444 SDI 340-2070 2.60 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 001-2070 4,069.03 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 165-2070 84.46 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 190-2070 829.41 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.69 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 192-2070 3.93 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 193-2070 77.27 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 194-2070 29.74 671721 11/27196 000444 INSTATAX (EDD) 000444 STATE 280-2070 142.90 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 300-2070 70.70 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 320-2070 208.39 671721 11/27/96 000444 INSTATAX (EDD) 000444 STATE 330-2070 22.52 671721 11127196 000444 INSTATAX (EDD) 000444 STATE 340-2070 24.43 5,738.88 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 15,417.37 697746 11127/96 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 262.45 697746 11127/96 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 3,584.87 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 9.01 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 22.51 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 395.20 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 163.87 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 483.76 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 272.31 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 718.56 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 99.34 697746 11/27/96 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 190.38 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 3,606.54 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 63.10 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 936.18 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.38 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 6.04 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 110.05 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 37.89 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 124.36 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 38.18 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 125.64 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 27.82 697746 11/27/96 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 85.82 26,783.63 40539 11/27/96 002410 A WOMANIS TOUCH BUILDIN NOV JANITORIAL SRVCS-PARKS 190-180-999-5250 1,020.00 1,020.00 40540 11/27/96 002348 A-PARK AVENUE BUILDERS CONSTRUCT A C SWALE FOR RAIN 001-164-601-5401 3,300.00 3,300.00 40541 11/27/96 AMERICAN MICROFILMING REFUND:WITNESS FEES 001-199-4060 450.00 450.00 VOUCHRE2 CITY OF TEMECULA PAGE 2 11/27/96 16:46 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40542 11/27/96 000101 APPLE ONE, INC. TEMP. HELP BLDG & SAFETY 001-162-999-5118 361.20 40542 11/27/96 000101 APPLE ONE, INC. TEMPORARY SERVICES 001-161-999-5118 361.20 40542 11/27/96 000101 APPLE ONE, INC. TEMP. HELP BLDG & SAFETY 001-162-999-5118 361.20 40542 11/27/96 000101 APPLE ONE, INC. TEMPORARY HELP 001-161-999-5118 361.20 1,444.80 40543 11/27/96 001323 ARROWHEAD WATER, INC. DRINKING WATER FOR CITY HALL 340-199-701-5240 201.62 201.62 40544 11/27/96 000475 B N I PUBLICATIONS, INC 197 METRIC GREENBOOK LAND DEV 001-165-999-5220 190.18 40544 11/27/96 000475 B N I PUBLICATIONS, INC 197 METRIC GREENBOOK C/P 001-163-999-5228 101.97 40544 11/27/96 000475 B N I PUBLICATIONS, INC 197 METRIC GREENBOOK PW MAINT 001-164-604-5228 61.31 353.46 40545 11/27/96 BETZ, SYDNE CLASS REFUND/KRAFTY KIDS 190-183-4982 40.00 40.00 40546 11/27/96 002145 BIOCOM - SAN DIEGO 5TH ANNUAL HOLIDAY BREAKFAST 001-110-999-5260 25.00 40546 11/27/96 002145 BIOCOM - SAN DIEGO SAN DIEGO ANNUAL MEMBERSHIP DU 001-100-999-5226 500.00 525.00 40547 11/27/96 000152 CALIFORNIA PARKS & RECR MEMBERSHIP DUES 190-180-999-5226 130.00 40547 11/27/96 000152 CALIFORNIA PARKS & RECR MEMBERSHIP DUES 190-180-999-5226 130.00 260.00 40548 11/27/96 002343 CHINO CONSTRUCTION COMP RELEASE RETENTION PW96-06 001-2035 475.15 475.15 40549 11/27/96 CITATION PROCESSING CEN CITATION PAYMENT/WRONG ADDRESS 001-2260 5.00 40549 11/27/96 CITATION PROCESSING CEN CITATION PAYMENT/WRONG ADDRESS 001-170-4055 20.00 25.00 40550 11/27/96 001193 COMP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 103.64 40550 11127/96 001193 COMP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 274.66 378.30 40551 11/27/96 001275 COMPUSERVE, INC. COMPUSERVE INFORMATION SERVICE 320-199-999-5228 10.05 10.05 40552 11/27/96 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 100.00 100.00 40553 11/27/96 000155 DAVLIN PLANNING COMMISSION MEETINGS 001-161-999-5250 156.68 156.68 40554 11/27/96 001673 DIVERSIFIED TEMPORARY S TEMPORARY SERVICES 001-161-999-5118 361.20 40554 11127/96 001673 DIVERSIFIED TEMPORARY S TEMPORARY SERVICES 001-161-999-5118 288.96 650.16 40555 11/27/96 000161 EDEN SYSTEMS, INC. PAYROLL PROGAM MODIFICATION 320-199-999-5211 87.50 40555 11/27/96 000161 EDEN SYSTEMS, INC. A/P PROGRAM MODIFICATION 320-199-999-5211 50.00 137.50 40556 11/27/96 002562 ELLIS GROUP APPRAISAL SVCS:WINCHESTER/1-15 280-1652 800.00 800.00 40557 11/27/96 002159 FIRST AMERICAN TITLE IN PRELIMINARY TITLE REPORT FOR 280-199-807-5802 400.00 400.00 40558 11/27/96 001989 FOX NETWORK SYSTEMS, IN NETWORK CLIENT SERVICES 320-199-999-5250 780.00 40558 11/27/96 001989 FOX NETWORK SYSTEMS, IN NETWORK CLIENT SERVICES 320-199-999-5250 240.00 1,020.00 40559 11/27/96 000170 FRANKLIN QUEST COMPANY, DAY PLANNER BINDERS & REFILLS 001-120-999-5220 41.22 41.22 40560 11/27/96 002560 G T E INSTALL 2 PHONE STATIONS 320-199-999-5208 664.60 664.60 40561 11/27/96 000184 G T E CALIFORNIA - PAYM 506-1941:GENERAL USAGE 320-199-999-5208 374.47 VOUCHRE2 CITY OF TEMECULA PAGE 3 11/27/96 16:46 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40561 11/27/96 000184 G T E CALIFORNIA - PAYM 676-0783:GENERAL USAGE 320-199-999-5208 201.99 40561 11/27/96 000184 G T E CALIFORNIA - PAYM 694-1993:GENERAL USAGE 320-199-999-5208 953.49 40561 11/27/96 000184 G T E CALIFORNIA - PAYM 694-6400:GENERAL USAGE 320-199-999-5208 1,319.78 40561 11/27/96 000184 G T E CALIFORNIA - PAYM 699-2475:GENERAL USAGE 001-164-601-5208 49.21 40561 11/27/96 000184 G T E CALIFORNIA - PAYM 699-2811:GENERAL USAGE 320-199-999-5208 2,744.55 40561 11/27/96 000184 G T E CALIFORNIA - PAYM 699-8632:GENERAL USAGE 320-199-999-5208 27.86 5,671.35 40562 11/27/96 001355 G T E CALIFORNIA, INC. OCTOBER MONTHLY ACCESS CHARGES 320-199-999-5208 350.00 40562 11127196 001355 G T E CALIFORNIA, INC. OCTOBER MONTHLY ACCESS CHARGES 320-199-999-5208 435.00 785.00 40563 11/27/96 001164 GABRIEL, RICHARD RENT FOR CITY MAINTENANCE YARD 001-164-601-5234 440.00 40563 11/27/96 001164 GABRIEL, RICHARD RENT FOR CITY MAINTENANCE YARD 190-180-999-5234 352.00 40563 11/27/96 001164 GABRIEL, RICHARD RENT FOR CITY MAINTENANCE YARD 001-162-999-5234 88.00 880.00 40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM AUG PROF SRVCS-PARKVIEW ST. 210-190-626-5804 677.45 40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM AUG PROF SRVCS-PARKVIEW ST. 210-190-626-5804 456.55 40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM OCT PROF SRVCS-PARKVIEW ST. 210-190-626-5804 497.00 40564 11/27/96 000481 GEOTECHNICAL & ENVIRONM OCT PROF SRVCS-PARKVIEW ST. 210-190-626-5804 1,424.00 3,055.00 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT RETURNED CALENDAR 001-161-999-5220 2.13- 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES TCSD 190-180-999-5220 448.33 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES TCSD 190-180-999-5220 32.16 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 001-120-999-5220 7.38 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES TCSD 190-180-999-5220 153.10 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT SUPPLIES FOR SENIOR CENTER 190-181-999-5220 25.84 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES / FINANCE DEPT 001-140-999-5220 215.48 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-161-999-5220 40.37 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-161-999-5220 13.46 40565 11/27/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-162-999-5220 200.38 1,134.37 40566 11/27196 001697 HALL, NANCY LEE INSTRUCTOR CLASS FEE 190-183-999-5330 36.00 36.00 40567 11/27/96 000796 1 C B 0 ADMINISTRATIVE ISSUES SEMINAR 001-162-999-5261 45.00 45.00 40568 11/27/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,575.02 40568 11/27/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 375.04 40568 11/27/96 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 7.14 1,957.20 40569 11/27/96 001910 IKON OFFICE SOLUTIONS, OCT COPIER MAINTENANCE AGR 330-199-999-5217 395.68 40569 11/27/96 001910 IKON OFFICE SOLUTIONS, CREDIT:COPIER RETURNED 330-199-999-5217 210.00- 185.68 40570 11127/96 001429 INACOM INFORMATION SYST NETWORK CLIENT SERVICES 320-199-999-5250 235.00 40570 11/27/96 001429 INACOM INFORMATION SYST COMP TECHNICAL SERVICES 320-199-999-5250 365.00 600.00 40571 11/27/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 309.85 309.85 40572 11/27/96 002493 INTERNATIONAL CONFERANC 194 EGRESS VIDEO PACKAGE DEAL 001-162-999-5228 8.91 8.91 40573 11/27/96 001186 IRWIN, JOHN REFUND:BALLROOM DANCING 190-183-999-5330 11.20 11.20 40574 11/27/96 002140 JAGUAR COMPUTER SYSTEMS EMAIL QUARTERLY SUPPORT & MAIN 320-199-999-5211 300.00 300.00 VOUCHRE2 CITY OF TEMECULA PAGE 4 11/27/96 16:46 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/10 EVANS 001-164-604-5118 135.19 40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/10 EVANS 001-163-999-5118 135.19 40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 11/10 EVANS 001-165-999-5118 135.22 40575 11/27/96 001667 KELLY TEMPORARY SERVICE TEMPORARY EMPLOYMENT SERVICES 190-180-999-5118 68.25 473.85 40576 11/27/96 KIM, ELAINE CLASS REFUND/TINY TOTS THANKSG 190-183-4992 16.00 16.00 40577 11/27/96 001282 KNORR SYSTEMS, INC MISC POOL SUPPLIES FOR CRC 190-182-999-5212 107.44 107.44 40578 11/27/96 000482 LEIGHTON & ASSOCIATES, JUL-AUG PROF SRVCS:WINCHE BRDG 280-199-602-5804 3,858.50 3,858.50 40579 11/27/96 002164 MAHR CONSTRUCTION RCSP-RESTROOM CONSTRUCTION 210-190-146-5804 26,572.00 26,572.00 40580 11/27196 002011 MARTIN, KATHARINA E. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 780.00 780.00 40581 11/27/96 000220 MAURICE PRINTERS, INC. INVITATIONS & ENVELOPES TO 001-100-999-5265 134.69 134.69 40582 11/27/96 000843 MCDANIEL ENGINEERING CO OCT PROF SRVCS WINCHESTER BRDG 280-199-602-5804 1,276.66 40582 11127196 000843 MCDANIEL ENGINEERING CO OCT PROF SRVCS WINCHESTER BRDG 280-199-602-5804 148.34 1,425.00 40583 11/27/96 NEW COMMUNITY LUTHERAN SECURITY DEPOSIT REFUND 190-2900 100.00 100.00 40584 11/27/96 002139 NORTH COUNTY TIMES - AT SUB:THE CALIFORNIAN-48 WEEKS 190-180-999-5228 53.00 40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 36.21 40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 25.56 40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICE 001-161-999-5256 38.34 40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 48.99 40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES 001-161-999-5256 44.73 40584 11/27/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICE 001-120-999-5256 29.82 276.65 40585 11/27/96 002516 ORGANIZERS PLUS CABINET FOR COUNCIL CHAMBERS 210-199-650-5804 2,350.00 40585 11/27/96 002516 ORGANIZERS PLUS TAX 210-199-650-5804 182.13 2,532.13 40586 11/27/96 002297 PACIFIC RELOCATION CONS OCT PROF SVCS-OT ENTERTAINMENT 280-1279 2,380.00 2,380.00 40587 11/27/96 001243 PALMQUIST, MARY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 86.40 86.40 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 278.98 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 14,907.54 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 243.92 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 3,080.05 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 11.02 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 27.66 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 379.26 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 174.73 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 439.01 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 173.80 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 292.08 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 124.91 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 353.77 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 59.16 VOUCHRE2 CITY OF TEMECULA PAGE 5 11/27/96 16:46 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40588 11127/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 .84 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 13.58 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .05 40588 11127/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .14 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.77 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .97 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 1.85 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .46 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 40588 11/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 20,569.50 40589 11/27/96 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 40.62 40.62 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 25.54 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 35.26 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5222 4.84 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5222 4.84 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5222 22.29 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 26.25 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 13.43 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 29.05 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 7.79 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5208 9.90 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 7.98 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5220 2.59 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 25.66 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 340-199-701-5212 10.75 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5222 7.00 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5244 26.94 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 3.99 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 340-199-701-5242 57.11 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5263 10.00 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 20.42 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-120-999-5260 29.75 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 5.00 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5220 12.93 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-165-999-5260 22.00 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 15.00 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 47.00 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5220 9.53 40590 11/27/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 16.32 509.16 40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN RECRUITMENT ADS- HUMAN RES. 001-150-999-5254 79.66 40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN RECRUITMENT ADVERTISING 001-150-999-5254 206.90 40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN AD FOR HALLOWEEN SPOOKTACULAR 190-180-999-5254 64.50 40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN AD-PUBLIC/TRAFFIC SFTY COMM. 001-120-999-5254 129.00 40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN ROADWAY CONSTRUCTION UPDATE 001-165-999-5256 88.00 40592 11/27/96 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICES 001-161-999-5256 68.87 636.93 40593 11/27/96 000947 RANCHO BELL BLUEPRINT C MISC. BLUEPRINTS & SUPPLIES AS 001-164-604-5268 13.74 13.74 VOUCHRE2 CITY OF TEMECULA PAGE 6 11/27196 16:46 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40594 11/27/96 REGEIRO, MARIA SECURITY DEPOSIT ROOM RENTAL 190-183-4990 95.00 95.00 40595 11/27/96 000375 SOUTHERN CALIF TELEPHON 909-202-5153-GY-NOV 001-150-999-5208 94.95 40595 11/27/96 000375 SOUTHERN CALIF TELEPHON 9095192136/TH/NOV 320-199-999-5208 27.19 122.14 40596 11/27/96 002561 TAS INTERNATIONAL RANCHO CREEK APT REHAB LOAN 165-199-813-5804 9,500.00 9,500.00 40597 11/27/96 000168 TEMECULA FLOWER CORRAL FLOWERS-GRAND OPENING 210-199-650-5804 58.19 58.19 40598 11/27/96 TEMECULA, ROTARY OF CITY ADVERTISEMENT 001-110-999-5254 200.00 200.00 40599 11/27/96 THE PANTRY TICKETS/RROBERTS/DEC3RD BENEFI 001-100-999-5260 75.00 75.00 40600 11/27196 TIGHE CONSTRUCTION REFUND:BLDG PERMIT FEES 001-162-4200 10.50 40600 11127/96 TIGHE CONSTRUCTION REFUND:BLDG PERMIT FEES 001-162-4285 14.00 24.50 40601 11/27/96 002111 TOGO'S QTRLY MGMT. MTG. LUNCH 11/14 001-150-999-5260 135.45 135.45 40602 11/27/96 001483 TOM DODSON & ASSOCIATES CONSULTING SERVICES FOR 1ST 280-199-807-5802 202.00 202.00 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 2,634.39 40603 11/27/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 165-2080 72.39 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 733.35 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 192-2080 1.24 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 18.75 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 22.51 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 75.89 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 5.01 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 312.50 40603 11/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 112.50 3,988.53 40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 911.22 40604 11/27/96 000389 U S C M /PERSCO (OBRA) 000389 PT RETIR 165-2160 34.10 40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 651.90 40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 59.40 40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 87.96 40604 11/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 320-2160 152.46 40604 11/27/96 000389 U S C M /PESSCO (OBRA) 000389 PT RETIR 340-2160 24.40 1,921.44 40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 76.10 40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 165-2120 1.20 40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 15.00 40605 11/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 1.20 93.50 40606 11/27/96 VAN DAELE DEVELOPMENT REFUND:APPLICATION FEE DEV AGR 001-163-4131 550.00 40606 11/27/96 VAN DAELE DEVELOPMENT REFUND:APPLICATION FEE DEV AGR 001-161-4131 4,000.00 4,550.00 40607 11/27/96 001209 "ULT INC., THE DATA STORAGE - CARTRIDGE CTR 001-120-999-5277 444.44 444.44 40608 11/27/96 VITANZA, PHYLLIS REFUND/RAGING WATERS 190-183-4980 25.00 25.00 TOTAL CHECKS 142,442.16 ITEI\4 3 APPRI CITY ATTO'. DIRECTOR i CITY MANAI CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: December 10, 1996 SUBJECT:City Treasurer's Report as of October 31, 1996 PREPARED BY:Tim McDermott, Assistant Finance Director Jesse Diaz, Accounting Aide RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of October 31, 1996. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of October 31, 1996. FISCAL IMPACT: None ATTACHMENTS:1. City Treasurer's Report as of October 31, 1996 2.Schedule of Assets, Liabilities, and Fund Equity as of October 31, 1996 City of Temecula City Treasurer'* Report As of October 31, 1996 Cash Activity for the Month of October Cash and Investments as of October 1, 1996 $ 52,520,402 Cash Receipts 3,209,733 Cash Disbursements (2,900,184) Cash and Investments as of October 31, 1996 $52,829,951 Cash and Investments Portfolio: Contractual/ Maturity Market Par/Book Type of lnvestmeryt Institution Yield Date (2) Value Balance Petty Cash City Hall $ 1,500 1,500 General Checking Home Savings 105,772 105,772 (1) General Checking Union Bank 268,708 268,708 (1) Benef'g Demand Deposits Union Bank 3,625 3,625 (1) Local Agency Investment Fund State Treasurer 5.601% 37,031,104 37,031,104 (3) Retention Escrow Account Landmark]Califomia State Bank 108,502 108,502 Deferred Compensation Fund ICMA 339,735 339,735 Deferred Compensation Fund PEBSCO 541,497 541,497 Defined Contribution Fund PEBSCO 54,448 54,448 Trust Acr-ounts-TCSD COPE First Trust (Fidelity Treasury II) 5.150 17,417 17,417 (Money Market Account) Reserve Account-TCSD COPE Bayerische Landesbank 6.870 502,690 502,690 (Guaranteed Investment Contract) Trust Accounts-R DA Bonds First Trust (Fidelity Treasury II) 5.150 12,406,011 12,406,011 (Money Market Account) Reserve Account-RDA Bonds Bayerische Landesbank 7.400 1,448,942 1,448,942 (Guaranteed Investment Contract) $ 52,829,951 (I)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-At October 31, 1996 total market value for the Local Agency Investment Fund (LAIF) was $26,742,009,767. The Citys proportionate share of that value is $37,442,433. The City of Temecula's portfolio is in compliance with the investmervt policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the ne)d six months. City of Temecula Schedule of Assets, Liabilifies, and Fund Balances As of October 31, 1996 Community Services Redevelopment city (1) District Agency Total Assets: Cash and investments $31,790,596 $ 1,486,243 $ 19,553,112 $52,829,951 Receivables 4,218,334 122,300 1,213,649 5,554,283 Due from other funds 843,765 4,995 848,760 Land held for resale 2,103,053 2,103,053 Prepaid assets 336,936 336,936 Fixed assets-net 688,148 62,700 750,848 Total assets $ 37,877,779 $1,613,538 $ 22,932,514 $ 62,423,831 Liabilities and fund equity: Liabilities: Due to other funds $ 810,965 $ 4,995 $ 32,800 $848,760 Other liabilities 5,214,883 145,621 567,520 5,928,024 Total liabilities 6,025,848 150,616 600,320 6,776,784 Fund equity: Contributed capital 1,055,344 1,055,344 Retained earnings 462,168 462,168 Fund balances: Reserved (2) 7,063,320 1,324,479 10,021,868 18,409,667 Designated (3) 17,233,213 474,886 12,310,326 30,018,425 Undesignated 6,037,886 (336,443) 5,701,443 Total fund equity 31,851,931 1,462,922 22,332,194 55,647,047 Total liabilities and fund equity $37,877,779 $1,613,538 $22,932,514 $62,423,831 (1) Includes General Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, low/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. ITEI\4 4 APPROVAL CITY ATTORT FINANCE DIR CITY MANAG CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Resolution To Support an Inland Empire Routing of High Speed Rail Between Los Angeles and San Diego. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF AN INLAND EMPIRE ROUTING OF HIGH SPEED RAIL BETWEEN LOS ANGELES AND SAN DIEGO BACKGROUND: A high-speed train has been proposed between Northern California cities from Sacramento (to include San Francisco spur) through the central valley into Los Angeles. From Los Angeles to San Diego, the originally proposed route was along the coast through the cities of Anaheim, Irvine, and Oceanside to San Diego. San Diego community leaders are opposing any routes along the coast as being inappropriate, therefore, the Interstate Rail Commission dropped its plans for the originally proposed route from Los Angeles to San Diego. An inland route between Los Angeles and San Diego is being considered, generally along the 1-1 5 corridor. Such route, if approved, would travel through the Temecula Valley and provide much easier access to the traveling public and would potentially greatly decrease the automobile traffic in this area. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 96- R.\AGD@6\1210\HI-SPEED.RAL rh RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNC]IL OF THE CITY OF TEMIECULA IN SUPPORT OF AN INLAND EMIPIRE ROUTING OF HIGH SPEED RAIIL BETWEEN LOS ANGELES AND SAN DIEGO WHEREAS, the California Intercity High Speed Rail Commission is completing its study of the feasibility of establishing a high speed rail line between Los Angeles and the Bay Area; and, AS, the California Intercity High Speed Rail Commission has concluded that an extension from Los Angeles to San Diego would significantly increase total State ridership and would generate four million passengers yearly just on the segment between Los Angeles and San Diego; and, WHEREAS, the California Intercity High Speed Rail Commission has selected two alternate routes between Los Angeles and San Diego: one parallel to Interstate 5 and one parallel to Interstates 10 and 15/215; and, WHEREAS, the 1-5 coastal corridor currently has numerous Amtrak and commuter trains in its limited right-of-way and most communities along that corridor have previously expressed opposition to high speed rail; and, WHEREAS, an unconstrained high speed rail route via the Inland Empire would have shorter travel times between San Diego and Us Angeles compared to a reduced speed alternative using the environmental sensitive costal corridor and would, thus, likely generate greater ridership and revenue; and, AS, an Inland Empire routing for the high speed rail system would establish new economic links to northern San Diego county cities such as Escondido; and, AS, the 1-15/215 corridor currently provides no rail service options between the Inland Empire and San Diego while the costal corridor already provides a full range of commuter and intercity services; and, AS, the Inland Empire is a major hub of an expanding regional economy and both to recognize the need for and support the development of transportation improvements to strengthen the region's economy; and AS, the United States Department of Commerce forecasts that the two counties of Riverside and San Bernardino will have the largest population growth of any of the nation's metropolitan areas over the next ten years creating over 415,000 new jobs and the Southern California Association of Governments estimates that the counties of Riverside and San Bernardino will have a population of approximately 4.2 million by the year 2005; and, WHEREAS, the Inland Empire high speed rail alignment between San Diego and Los Angeles could connect with other proposed high speed rail projects between Los Angeles and Las Vegas; and, R:\AGDRYM6\1210\HI-SPEED.RAL rh WHEREAS, the Inland Empire transportation agencies own many miles of rail rights-of- way which could be used for portions of an alignment to San Diego, including twenty miles immediately parallel to 1-215 and additional rights-of-way in the Inland Empire could be purchased at values less than along a coastal route; and, WHEREAS, there is little or no air service between the Inland Empire and either San Diego or Los Angeles, thus, minimizing competition between air and rail modes; and, "ERF,AS, public support for rail development is strong within the Inland Empire; NOW, F'ORE BE IT RESOLVED, that the City Council of the City of Temecula supports the development and construction of a high speed rail link between Los Angeles and San Diego serving the Inland Empire, as part of an overall high speed rail system between San Diego and San Francisco. PASSED, APPROVED AND ADOPRED by the City Council of the City of Temecula on the 10th day of December, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 10th day of December, 1996, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: June S. Greek, City Clerk R:\AGDRYR96\1210\HI-SPEED.RAL rh ITEI\4 5 APPROVAL CITY ATTOR@ FINANCE DIRI Y MANAG CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Parcel Map No. 28317, Located on the Northerly Side of Winchester Road (Hwy79 North) at the Intersection of Ynez Road PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development John Pourkazemi, Associate Engineer - Land Development RECOMMENDATION: That the City Council approve Parcel Map No. 28317 subject to the Conditions of Approval. BACKGROUND: Tentative Parcel Map No. 28317, was approved by the City of Temecula Planning Manager, Debbie Ubnoske, on April 11, 1996. The Developer, Temecula Medical Park Development, Phase 11, has met all of the Conditions of Approval. Parcel Map No. 28317 is one (1) lot commercial subdivision, for condominium purposes, of 1. 1 2 acres located on the northerly side of Winchester Road (Hwy 79 North) at the intersection of Ynez Road. The site is currently vacant. The existing drainage facilities at the intersection of Winchester Road (Highway 79 North) and Ynez Road were reviewed and found to be inadequate to support additional development. The existing drainage facilities will need to be up sized as additional development occurs along the north side of Winchester Road. An Agreement for Payment of Drainage Improvement Fees will be recorded concurrently with Parcel Map No. 28317 and similar agreements will be required for each contributing property as they are developed. The following fees have been paid for Parcel Map No. 28317: Stephen's K-Rat Fee $780.50 Area Drainage Plan Fee $1,839.24 The following fees have been deferred for Parcel Map No. 28317: Public Facilities Deposit$10,000.00 Due Prior to issuance of building permit Signal Mitigation Fee $2,800.00 Due Prior to issuance of building permit r:\sgdrpt@g6@l 21 O\PM28317.agn/ga The Agreement for Payment of Drainage Improvement Fees will be recorded concurrently with Parcel Map No. 28317 and a bond of $20,000 will be posted for this developer's fair share of drainage improvements. FISCAL IMPACT: None Attachments: 1 . Development Fee Checklist 2.Project Location Map 3.Parcel Map No. 28317 4.Fees & Securities Report 5. Agreement for Payment of Drainage Improvement Fee r:\agdrpt\96\1 21 O\PM28317.ogn/gs CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Parcel Map No. 28317 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid prior to issuance of grading permit (Condition no. 42) Public Facility To be paid prior to issuance of building permit (Condition no. 48) Traffic Signal Mitigation To be paid prior to issuance of building permit (Condition no. 35) r:\agd@\ge\l 2 1 O\PM28317.agn/ga 39vis Ing n <I: LLJ I >- u (4 r-i i i i- F- ;7 cc r-i :s i i z I I I a- u =3 D C-= i i M- e > u III CY n EE ql IINI :m 10 an ST. gig 49 zit VW4 'OW d" 133WVd 3 QC ioi St VNZ avozi zs@ CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 28317 DATE: December 10, 1996 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY* SECURITY* Street and Drainage 0.00 $ 0.00 Water 0.00 0.00 ewer 0.00 0.00 TOTAL s 0.00 $ 0.00 Maintenance Retention $0.00 Monument Security $0.00 Note:The Agreement for Payment of Drainage Improvement Fees will be recorded concurrently with Parcel Map No. 28317 and a bond of $20,000 will be posted for this developer's fair share of drainage improvements. DEVELOPMENT FEES City Traffic Signing and Striping Costs $0.00 RCFCD Drainage Fee Paid $1,839.24 Fire Mitigation Fee $ N/A Signal Mitigation Fee - Deferred to Bldg Permit $2,800.00 Road and Bridge Benefit Fee $ N/A Other Development Fees $10,000.00 SERVICE FEES Planning Fee $55.00 Comprehensive Transportation Plan $4.00 Plan Check Fee $7,750.00 Inspection Fee $0.00 Monument Inspection Fee $0.00 Letter of Map Revision (LOMAR Review) $0.00 Fees Paid to Date $829.00 Balance of Fees Due $0.00 ,:\agdrpt\96\1 210\PM28317.agn/gs Recording requested by, and When recorded mail to: CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attn: City Clerk AGREEMENT FOR PAYMENT OF DRAINAGE IMPROVEMENT FEE This Agreement is made this 6h dav of November , 1996, by and between the City of Temecula, a municipal corporation ("City") and Wade Faerber, M.D.,, an individual, Thomas LoBue, M.D., an individual, John Ellis, M.D., an individual, and David Robinson, an individual, collectively, (the "Doctors"). RECITALS A.The Doctors are the owners of the following real property (the "Property") in the City of Temecula: Parcel 3 & a portion of Parcel 4 of Parcel Map 23335. The legal description of the Property is described in Exhibit "A", attached hereto and incorporated herein by reference. B. The Doctors propose to develop the Property pursuant to Tentative Tract Map No. 28317 Amendment No. 1, approved on Maf ch I 1, 199') by the City of Temecula (the "Project"). C. City has determined that the Project will impact drainage facilities within the City as identified in the Condition No. 26b for the Project. These impacts must be mitigated by payment of a fee as a condition of development, or participation in an assessment district for additional drainage facility construction, which fee or assessment district shall be identified as the "Drainage Improvement Fee." D. Subject to compliance with all public hearing procedures and applicable law, the City proposes to impose the Drainage Improvement Fee upon new developments within Parcels I through 5 of Parcel Map 2'3335, and Parcels I through 5 of Parcel Map 26852 in the City of Temecula, as shown on Exhibit "C" attached hereto, in order to construct additional drainage facility improvements (the "Improvements") to serve and benefit those new developments, including the Project. E. The City has deten-nined the estimated costs of additional drainage facility improvements as shown on Exhibit "B" attached hereto. The costs have been distributed on a pro-rata basis according to the acreage of the benefited lots to determine the estimated Drainage Improvement Fee for the Project. F. In order for the Doctors to proceed with the Project without full payment of the Drainage Improvement Fee in a timely manner, the City and the Doctors have determined to enter into this Agreement. G. The term "drainage facility" shall refer to public drainage and flood control facilities, and similar public infrastructure. NOW, THEREFORE, the parties hereto agree as follows: I Drainage Improvement Fee (a) The City Council will establish the amount of the Drainage Improvement Fee in the future. The Fee will be based upon the acreage of each development against the total acreage of all available lots benefited by the Improvements. The Drainage Improvement Fee shall also establish the specific drainage facility to be constructed and their cost, the benefit assessment area and the method by which the fair share, pro-rata obligations of each property are to be established based on the demand for the Improvements. In no event, however, shall the Drainage Improvement Fee for the Pr 'ect exceed one hundred twenty-five percent (I 251/@) of the estimated Drainage Improvement Fee established in Exhibit "B" to this Agreement. (b) In lieu of immediate payment of the estimated Drainage Improvement Fee the Doctors may provide security for the estimated Drainage Improvement Fee pursuant to Section 2 of this Agreement. Upon five days written demand from the City, which may be made at any time, the Doctors shall pay the City the estimated Drainage Improvement Fee or any portion thereof, in order to pay for the formation of the financing mechanism of the Drainage Improvement Fee and the design and construction of the Improvements. (c) When the Drainage Improvement Fee is established, the Doctors shall pay the City the Fee within five days of receiving written notice from the City. Any estimated Drainage Improvement Fee previously paid shall be a credit against the Drainage Improvement Fee. (d) When the Drainage Improvement Fee is established by the City Council, the Doctors will be reimbursed for any difference between the estimated Drainage Improvement Fee previously paid and the Drainage Improvement Fee if the estimated Drainage Improvement Fee exceeds the Drainage Improvement Fee. (e)The City shall record a release of this Agreement upon payment of anv Drainage Improvement Fee owing andshall provide Doctors with a copy of such release. (f)As part of paying the Drainage Improvement Fee, Doctors may be required to participate in an assessment district, drainage district, or other financing mechanism based upon their fair share apportionment. 2.Security for the Drainage Improvement Fee (a) Concurrent with the execution of this Agreement, Doctors shall provide an irrevocable letter of credit or other form of bond approved by the City, in a form approved by the City Attorney, in an amount equal to the estimated Drainage Improvement Fee for the Pr 'ect, plus twenty five percent (25%) Oi of the estimated amount. (b) As an alternative to collecting the fee from the letter of credit or bond, if the Doctors fail to pay the Drainage Improvement Fee within thirty (' )O) days of the date the demand is made, the City may assess a penalty of ten percent (10%) of the amount owing and make said Fee, inclusive of penalty, a lien upon the described real property by recording a notice that said Fee is due under the terms of this Agreement with the County Recorder of Riverside County. The notice shall state the fact that it is unpaid and draws interest on the Fee and penalty at the rate set forth at California Revenue & Taxation Section 19269 until paid. The City may as an alternative to the lien procedure set forth above, bring legal actiontocollecttheDrainagelmprovementFeedue. TheDoctorsagreethat'flegalact'onbytheC'ty' I is necessary to collect the Fee, the Doctors shall pay the Citv a reasonable sum as attorney's fees and court costs, together with penalty and interest determined according to paragraph 4(b) of this Agreement- 3. Agreement Runs With Land This Agreement pertains to and runs with the Property. This Agreement binds the successors in interest of each of the parties. 4. Bindiny Agreement This Agreement shall be binding upon Doctors, Doctors' successors and assigns. 5. Amendment[No Continuing Waiver This Agreement may be modified or amended only in writing, signed by both parties. This Agreement contains the full and complete understanding of the parties and supersedes any and all prior oral or written agreements or representations. A waiver of any term or condition of this Agreement by either party shall not be deemed a continuing waiver thereof 6. Attomey's Fees Should either party determine that it is necessary to file a legal action to enforce or interpret the provisions of this Agreement, the prevailing party in that litigation shall be entitled to its reasonable costs, including but not limited to attorney's fees. 7. Notice Notice shall be deemed given under this Agreement when in writing and deposited in the United States mail, first-class, postage prepaid, addressed as follows@ CITY-. DOCTORS-. City of Temecula Temecula Medical Park Dev., G.P., Phase It 43200 Business Park Drive c/o Edward Anderson Temecula, CA 92590 P.O. Box 891269 Temecula, CA 92589 S.Miscellaneous Provisions A. If any provision of this Agreement is adjudged invalid, the remaining provisions shall not be affected. B. If there is more than one (1) signer of this Agreement as Doctors, their obligations are joint and several - IN WITNESS @REOF, the parties or their duly authorized representatives have executed this Agreement as of the date set out above. CITY OF TENTECULA DOCTORS By: By@ MO _ S ];,Director Thomas LoBue, M.D. uo eph Kica Public Works/'City Engineer ATTEST: By- John Ellis By: June S. Greek Bv Cit,v Clerk David @ob By: Wade Faerb STATE OF CALIFORNIA Ss. COUNTY OF Riverside On beforeme, @AkJbi @@/ub&-e @OfAal @,6LIc- personally appeared Thomas LoBue, M.D. ------- ------ - ------ - - - ----------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature (on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNE8S my hand n offc@ onoweemossesone n a 41 0 a a SANDI WINGER Signature LL) comra. #1066 cn 098 < NOTARY PUBLIC - R-AUFORNIA r(nn RIVERSIDE COUNTY MY Comm. Expires ALJG. 7, 1 999 STATE OF CALIFORNIA Ss. COUNTY OF Riverside On (I I ) i 9 (, beforeme,,-9AA4bi OIM(:YEC', 100TAky personally appeared John Ellis, M.D --- - --- - -------- ------------ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature (on the instrument the person or the entity upon behalf of which the person acted, executed the instrument, Ise SANDI WINGER Comm. #1 066098 > LAJ cn En NOTARY pualic - CALIFORNIA m < RIVERSIDE COUNTY u My Comm. Expires ALIG 7,1999 STATE OF CALIFORNIA Ss. COUNTY On mj personally appeared David Robinson, t ------ - -------- - ------- - ------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature (on the instrument the person or the entity upon behalf of which the person acted, se7 SANDI WINGER I-u Comm. *1 ON098 > NOTF%RY PUBLIC - CALIFORNIA rr" RRVERSIDE COUNTY a My Comm. Expires AUG. 7,1999 0 STATE OF CALIFORNIA ss@ COU'@-Y OF, Riverside On before me,,EA/10@ personally appeared Wade Faerber, M.D ---------- - --------- - ------ - -------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature (on the instrument the person or the entity upon behalf of which the person acted, al s a SANDI WINGER ui cok@ci',ei. #1066098 > < T-IOTA@Y PUBLR- - CALIFORNIA m RIVER@@IOC CouNTy MV COmm Expires AUG @ 7,1999 n;,To o, InSUR3n e American Motorists Insurance Company companie!s qD FIRST TERM PREMIUM FULLY EARNED Bond Number 3SM 889 906 00 Premium (Two Years) $ 600.00 SUBDIVISION BOND FAITHFUL PERFORMANCE-PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That, Temecula Medical Park Development Phase 11, G.P as Principal, and the AMEERICAN MOTORISTS INSL@NCE CO.MP@NY. a corporation or@anizec. and existing wider the laws of the State of Illinois and authorized to transact surety business in the Sta-e of California as Surety, are held and firmly bound unto City of Teinecula, as Obliece. in the sum of Twenty ThotLiand & NO/100ths DOLLARS ($20,000.00)1, for which the pavrient whereof, well ,ind truly to be made, said Principal and Surety bind themselves, their licirs, administrator-,, successors, and assigns, .,Jointly and severally, firmly by these presents. THE Condition of the foregoing obligation is such that, whereas tii-c above bounden Principal has entered into a contrac,,'agrecinent, dated 11-6-96, with the Obligee to do and perform the following work; to wit: Drainaze improvement fee for Parcel 3 & a portion of Parcel 4 of Parcel Map 23335. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void: otherwise to reraain in full force and effect. SIGNED, SEALED, DATED- November 12,1996 Temecula Medical Park D@l@ent Phase 11, G.P. American Motorists lnsur@e Company Principal) (Surety) By: By: @@,fichiel t. f, Attoi-nev In FL-ct DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 In PHONE (213) 257-8291 o FAX (213) 256-7218 Subdivision Performance Bond -2-12-96.dot CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On NO V before me, Kim Nguyen, Notary Public NAME,'U['FLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER Personally known tome -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that heishe/ they executed the same in his/her/their authorized capacity(ies), and that by his/heritheir signatures on the instrument the person(s), or the entity upon behalf of N --]! 42 which the person(s) acted, executed the instrument. FOR Nli@ WITNESS my hand and official seal. (SIGNA'TU'RE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CL D BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER BONDS TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL NUMBER OF PAGES Z ATTORNEY-FN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE naTionaL ,nSURan American Motorists Insurance Companycompanips C., Bond Number: 3SM 889 906 00 SUBDIVISION BOND LABOR & MATERIAL/PAYMENT KNOW ALL MEN BY THESE PRESENTS: That we. Temecula Medical Park Development Phase 11, G.P. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Sure@,, are held;and firmly bound onto City of Temecula as Obli2ee. in the sum of Twentv Thousand & NO/lOoths DOLLARS ($20,000.00) lawful money of the United States of America, for the pavment of which sum well and truly to be made, We bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, WhereaN, said Principal has entered iito a Subdivision Agreement with the Obligee. dater 11-6-96 , in which said Principal agrees to construct designated public improvements, as follows: Drainage lmi)rovment fee for Parcel 3 & a po_rtion of Parcel 4 of Parcel Map 23335 and, as a condition of approving said Subdivis@oii, the Principal is required to P _,ive Labor and Material Payi-nent Bond as herein provided. NOW, T14EREFORE, if said Principal and/or contractor or subcontractor fails to pay for anv materials, provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any work or labor done of a@,@ kind, in or on such improvements, said surety will pay the same in anamolnt not exceedin,, the sum set forth above. This bond sqall insure to the benefit of the contractor, his subcontractors, and to persons T,-Ilting equipment or furnishing labor and materials to them for the improvements. SIGN-ED, SEALED, DATED: November 12, 1996 Temecula. Medical Park D cnt Phase 11, G.P. Anerican cc Company @Principal) (Siiretv) By@ By: ae' ff, Attofney In Fact DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 In PHONE (213) 257-8291 * FAX (213) 256-7218 7ubdivision Payment Bond -2-12-96.dot CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On before me, Kim Nguyen, Notary Public N,,%,'VIE, ]'I'I'LE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER Z Personally known tome -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shel they executed the same in hisiher/their authorized capacity(ies), and that by hisiheritheir signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SI R , OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATF- OFFICER BONDS TITLE(S) TITLE ORTYPEOFDOCUMENT PARTNER(S) LIMITED ----------- --- GENERAL NUMBER OF PAGES Z ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE American Motorists Insurance Company n@nal insu Home Office7 Long Grove, IL 60049 companps POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the "Company") a corporation organized and existing under the laws of the State of llinois, and having its principal office in Long Grove, Illinois, does hereby appoint Michael E. Cundiff of Orange, California .................................................... its true and lawful agent(s) and aftorney(s)-in-fact, to make, execute, seal, and deliver dunng the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1,000,000.00).............................................................................. EXCEPTION:NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 1997 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois. a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, t>onds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile an any power of attorney or t>ond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company," In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Aftested and Certified: Robert P. Hames, Secretary by STATE OF ILLINOIS Ss COUNTY OF LAKE American Motorists Insurance Company @ z @-Y , @ J.S. Kemper, 111, Exec.Vice President 1, Irene Kiewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. ,4 SEAL' 4"M K13wer 4NM" Publit,, S" of Ukms 4my cmm@ My commission expires 1-28-98 Irvlwlwlwlwlwwwlwlwlww Irene Kiewer, Notary Public rrEI\4 6 APPROVAL CITY ATTORNEY FINANCE DIRECQ CITY MANAGER'J JF- CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Substitute Subdivision Improvement Agreements and Public Improvement Bonds in Temeku Tracts No. 23371-1 Through 23371-3 (Northeasterly of Intersection of Rancho California Road and Margarita Road) PREPARED BY4XRonald J. Parks, Principal Engineer - Land Development Larry D. Cooley, Assistant Engineer RECOMMENDATION: That the City Council accept substitute Subdivision Improvement Agreement and substitute Securities for Tracts No. 23371-1 through 23371-3 and direct the City Clerk to so advise the Developer and Sureties. BACKGROUND: On December 19, 1995, the City Council authorized release of the Faithful Performance, Material and Labor, and Monumentation Bonds and riders for Tracts No. 23371-1 through 23371-3, et. al., relating to a change in ownership of the Temeku Project. Subsequent to the Council authorization for bond releases, the development was sold to: McMillin Project Services, Inc. 2727 Hoover Avenue National City, CA 91950 New Subdivision Improvement Agreements for each phase of construction have been executed by the succeeding developer, and surety bonds have been posted by Insurance Company of the West in the following amounts, replacing the initial agreements and surety bonds: 1 .Bond No. 149 11 50 in the amount of $1,900,000.00, to cover street, drainage, water and sewer improvements for faithful performance for the interior streets of Tract No. 23371-1. 2.Bond No. 149 11 50 in the amount of $950,000.00, to cover street, drainage, water and sewer improvements for labor and materials for the interior streets of Tract No. 23371-1. Ic/rh 3.Bond No. 149 23 51 in the amount of $21,000.00, for subdivision monumentation of Tract No. 23371-1. 4.Bond No. 149 23 52 in the amount of $386,000.00, to cover street, drainage, water, and sewer improvements for faithful performance for the interior streets of Tract No. 23371-2. 5.Bond No. 149 23 52 in the amount of $193,000.00, to cover street, drainage, water, and sewer improvements for labor and materials for the interior streets of Tract No. 23371-2. 6.Bond No. 149 23 53 in the amount of $19,900.00, for subdivision monumentation of Tract No. 23371-2. 7.Bond No. 149 23 54 in the amount of $1,864,000.00, to cover street, drainage, water, and sewer improvements for faithful performance for the interior streets of Tract No. 23371-3A. 8.Bond No.149 23 54 in the amount of $932,000.00, to cover street, drainage, water, and sewer improvements for labor and materials for the interior streets of Tract No. 23371-3A. 9.Bond No. 149 23 55 in the amount of $4,963.00, for subdivision monumentation of Tract No. 23371-3A. 10.Bond No. 149 23 56 in the amount of $1,265,000.00, to cover street, drainage, water, and sewer improvements for faithful performance for the interior streets of Tract No. 23371-3B. 11.Bond No. 149 23 56 in the amount of $632,500.00, to cover street, drainage, water, and sewer improvements for labor and materials for the interior streets of Tract No. 23371-3B. 12.Bond No. 149 23 57 in the amount of $2,484.00, for subdivision monumentation of Tract No. 23371-3B. 13.Bond No. 149 23 58 in the amount of $830,000.00, to cover street, drainage, water, and sewer improvements for faithful performance for the interior streets of Tract No. 23371-3C. 14.Bond No. 149 23 58 in the amount of $415,000.00, to cover street, drainage, water, and sewer improvements for labor and materials for the interior streets of Tract No. 23371-3C. 1 5.Bond No. 149 23 59 in the amount of $1,620.00, for subdivision monumentation of Tract No. 23371-3C. Staffrecommends that the construction completion date be extended to provide the new developer with sufficient time to complete the required public improvements. This extension would be to June 10, 1998. 2 lc/rh The affected streets, although not completed or accepted, are listed as follows: Tract No. 23371-1: Tee Drive, Flag Way, Canterbury Court and portions of Temeku Drive. Tract No. 23371-2: Pin Way, Par Way, Colonial Court and Cascades Court. Tract No. 23371-3: Fore Way, Rough Way, Driver Lane, Honors Drive, Crystalaire Drive, Brassie Lane, Mashie Way, Balata Drive, Iron Circle, Bunker Drive, Vardon Drive. FISCAL IMPACT: None ATTACHMENTSs Vicinity Map: Tracts No. 23371-1 and 23371-2 Vicinity Map: Tract No. 23371-3 Phase A Vicinity Map: Tract No. 23371-3 Phase B Vicinity Map: Tract No. 23371-3 Phase C 3 Ic/rh rn Z r m m rn z a 0 C/) 14 p -4 z:z *4 3> C-) >< m @ =;r ;Q N) EB C> -A:z L4 LA C-) >< rri E5 L*J L,,J rri E.n rri C-) m @><M Ln rsj CO L4 @ LAM 7 L,j 3> ci C> <D ITEN4 7 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Accept Offers of Dedication for Street, Drainage, Utility and Services Within Temeku Tracts No. 23371-1 Through 23371-5 PREPARED BY:-XRonald J. Parks, Principal Engineer - Land Development La rry D. Cooley, Assistant Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC STREET, DRAINAGE, UTILITY AND SERVICES PURPOSES WITHIN TRACTS NO. 23371-1 THROUGH 23371-5 BACKGROUND: A Memorandum of Understanding (MOU) was entered into by and between the City of Temecula (City) and McMillin Project Services, Inc. (McMillin), effective March 27, 1996. McMillin has purchased the 472 acre portion of Specfic Plan No. 199, Village A, known as Temeku Country Club (Temeku), with the intent of developing a family-oriented community and predominantly single-family residences (See attached Location Map: Exhibit "C"). The MOU provided for, among other things, the conversion of private streets to be dedicated as a part of the City's public street system. In addition, corresponding sidewalk and utility dedications will provide for public facilities on both sides of the converted streets. Attached with the Resolution are Plats (Exhibit 'A") and Legal Descriptions (Exhibit "B") for street dedications, sidewalk and utility easement dedications for each tract of Tracts No. 23371-1 thru 23371-5. McMillan, as new owner of Temeku, has reviewed the project plans and legal descriptions and has agreed to dedicate the necessary easements for this project. The proposed street improvements for Tracts No. 23371-1 thru 23371-5 will not be accepted into the City maintained street system until all the street improvements have been completed and accepted by the City Council. l./,h FISCAL IMPACT: None ATTACHMENTSE Exhibit "A': Key Maps; Tracts No. 23371-1 through 23371-5 Exhibit "B': Legal Descriptions; Tracts No. 23371-1 through 23371-5 Exhibit "C": Location Map; Tract No. 23371 (Village A: Specific Plan No. 199) klrh RIESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMIECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC STREET, DRAINAGE, UTI]LITY AND SERVICES PURPOSES WITHIN TRACTS NO. 23371-1 THROUGH 23371-5 OF TEMEKU The City Council of the City of Temecula does resolve, determine and order as follows: S, private streets and additional sidewalk and utility easements within Village A of Specific Plan No. 199, otherwise known as "Temeku", as shown in Exhibits "A", "B" and "C', attached hereto, have been offered for dedication to the City: , the dedications are easements for street, drainage, utility and public services purposes and are necessary for the construction of improvements and future acceptance into the public street system of the City of Temecula. WHEREAS, the legal descriptions for the dedications are set forth in Exhibit "B", attached hereto: NOW, FORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accepts the offers of dedication within Tracts No. 23371-1 through 23371-5 of Temeku described in Exhibits "A" and "B" attached hereto. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, "PROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th of December, 1996. Karel F Lindemans, Mayor ATTEST: June S. Greek, City Clerk Ic/rh [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of December, 1996, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: EXHIBIT "A" STREET EASEMENT TRACT 23371-1, M.B. 216/8-16 All of Lettered Lots "C" through "E", inclusive, and Lots "G" and "H", all of Tract 23371-1, as shown by map recorded in Book 216 of Maps, at Pages 8 through 16 inclusive, Records of Riverside County, California. Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of record. See Exhibit "B" attached hereto and by this reference made a part hereof. Signature G. @s. 5441 Date: 0 0 ;,I'. w W z 0 rc U. 0 X w w PARKWAY ul > 0 cc a_ < lw w cf) Lli -i D 7: > z LLJ Cc cc w EL U. EL ui < 0 CD F' CE (I Z CL o w cc W 0 u 0 I,j W W w cc CL NW 7 @l 0 Lq aiv,- .Ca us V "I i3r LLt -i 0 < L) z > ui o-- a: m LLJ U- w P'l r\l L9 Iz ----------- w m CL CL LU 0 LL 04, WQ w z 0 X W W cli w ui > C) Cl < ui ui RI RI o 7- ui < L) -i 0 z z a: LL) O-- 13 (r U) a- ui < a cr @kn to th z 0 & w cr al X6 Ul C)7 < C) rD 0 U. w w w < 10 cr Q- a. cl, 10 z C-4 N cm OV 3 < 0 > crt- 3,T w O-- a: cc w CL tf LL w ui cr 0 z z w C) z IL LO > w u cc w F- W z 0 LL. 0 . X W W cr w EL ui > EL Di Z Ul EL L) < L,) cl@ L) o m 20 -i 0 < o-- (r LL Q. Lil < 0 '6V cr. j, 'wa to 0 LLJ 0 11 a z 0 Z w cr Z9 El Z z Abows PAR @O L) 0 w @ 2 @ - w t t= w z D 0 LL L) X ro - oce - w W LLJ > CL 41 0 Cl Q. Q. @C it ir Le) LL# z -i 0 < 0 > 91 ui 0 8 (r cr All !p ui LL ui cr It Q ;> tz IL I- EL LLJ u cr .................. .... .............. w C3 LL X W w s ui > it z C, cr 3: LLI rig -i 0 < z > ui 0 cc Cl w a- LL w ui ui (r Ui EXHIBIT '?A" STREET EASEMENT TRACT 23371-2,M.B. 219/18-25 All of Lettered Lots "B" through "E", inclusive of Tract 23371-2, as shown by map recorded in Book 219 of Maps, at Pages 18 through 25 inclusive, Records of Riverside County, California. Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of record. See Exhibit "B" attached hereto and by this reference made a part hereof. EXP 9-30@ Signature: as G. n 5441 Date: /o 3c 'le wi it ti wo a 4 4 xj w@ . 0 t, x LLJ w w -8w lx L) Lq 0 -0 cr 0 c @ @L 0. < 0 rx -cW EL 0 z w (r cr z ui 0- ge LL ui gj cc wi- w w a) z 19- id I '133LIVcl 2 z 0 IL 0 13 CL: ta a C4 Ci Ul Ci LL w cc ui st C4 t7m ci lop z 0 WI W i- Fn LL i 0 x w W w lx cr CL ID rv ul v 6 cr w < 0 ZL w 00 .Mist! awl, cc w ri IL cr ir r4 In ,n 61 / li,' 8 I z Pi r4 pi CL z 0 tL 0 of* @Cc)@ ls'2 z 0 r-A iv !z@w@ u w z C4 w u ci 0: w U) z w cn z w cc w LL. az Z4 F- C%j 14 kp, w a) I -o IF w Ir > z I.t ab 9 ci 3e id 0 a e&E ?44 It qA Mal! m 2-1 @ t w i it. Rio R81 Mal v !Ili cr cc U3 z -i 0 < > o cr Cc LLI ui fr LN z cc TMI EXHIBIT "A" STREET EASEMENT TRACT 23371-3, M.B.222/99-113 All of Lettered Lots "C" through "W", inclusive of Tract 2' )3 71-3, as shown by map recorded in Book 222 of Maps, at Pages 99 through II 3 inclusive, Records of Riverside County, California. Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of record. See Exhibit "B" attached hereto and bv this reference made a part hereof. No. 5441 9-30-00 Signature;, as G. Harnn o@S--D-441 c Date: 0 z 0 cr 0 0 a L) L) I 0 C -4 u 0 cr cc W D (L cc U- zg w to Z w rL 0 IL Ln0 g gig ?iP- U. u 0 . X LI UJ yn iR L) si ciLLJ > 0 a: 0. < 0 it (r w ir iR Ix C\i LI L) -i 0 > ui ir 0 LL, Er cj D- w Cl uj ul u w v Pt 3w w- I it Zi Z cl CL 5; ui Cc iL i, b i, b t t iz 1; 1, k b b, b L iq i o ig - - is!-. @ @ i @ it a LL. 0 ui > a: CL 01=1 I it it :i3 ui 0 IC C, 0 S2 U) W 0 -i 0 zx o-- 01 cc . . !i W m m U- CIL uj cl Q- C. z u w 0 cl fL kz IL U) > w cr J! bit ii lp tz b b g Zt 'k ui 0 a: n -?3s aD U3 m -i 0 OL Z > LLJ cr 0 ui u- 0- U, Er Z it g Ci) > ui C) w 0 cr 0. Q. < W -i 0 Z UJ a: cc cr a- LL w < Cc W 0In :E ai u w 0 11 Z z 8 CL LD w cr 10 0 a w w u u I 0 0 0 0 z t kip Lk k z Ok 0 w 0 @c ui U.0 X w (01 ci cr CV) 1-91 0 z u <r. U) Iz ui 0 ir aD CD Er LLJ OD EL ct U- U) cr u 0 CL w ?Tug I LIJ 01 w w r ui > 0 cr CL 0 Z ow 2 r Cs cr ui 't cc Lu EL LL Ui < Ir z ol w (D z w LLJ cr z 10 blio i3@HS 33S 0 w w w cl ui > 0 cr 0. a. Fr cv) 01 7:CO z w s er PI w cc U. z LLI m z 0 w x 8 0 W5 W LL us W w 0 cl w 0 lx OD z > IC) W -i0 C) 15 Z t W CO 0 a: (-x) a: U) N LL ZE CL (L Ul Cc LLJ LU w a Er LU cc ku 0 CV) tw7W2 2 CO WI 10, -0 0 02 EL < ci flilkitit 'k' Ul cr i@ @i tot ilk N* it it i b i bb N 6 16, LL t) w w U) U) 0 Lr E! PE w x is W15 OD LV aq w Cc cul r cl a) z F- u it 94! co qb Z CL cn Ir is !2 CID IN w iR iR zi LL it w > C3 LL) > 0 Cl o- w 0 w X. M z -i 0 u Z N LU cr 6 7,,-Y ui ;:w- U. ui CE W tn 4 Z cc Cl cl IL CL im :F x ui w ZE w ui 0 a: a. L co z w -i 0 < It > UJ o-- Cc LU cr zi LU < a: D z u w 0 11 rL U) C3 EXHIBIT 44A99 STREET EASEMENT TRACT 23371-4, M.B. 223/1-9 All of Lettered Lots "A" through "G", inclusive of Tract 23371-4, as shown by map recorded in Book 223 of Maps, at Pages I through 9 inclusive, Records of Riverside County, California. Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of record. See Exhibit "B" attached hereto and by this reference made a part hereof. 0. Signature: homas on, L.S. 5441 Date: WI lb o w w 0 0 d C-4 zi LLJ co 0 m , cr ul C', CL ci LL U) lx z N 3t WI 01 x w w 0 cr (L ui -0 Z w a z 4 z L) z w CC w U. (V) cr C\i > 0 z0 z 2 ------------------------- CD z u w Ob@ *Maki%% 0 cr 13@ too tt: -ol ui L) T CL C. ui V) w w LI C'i .0 \ 4n cq W cn Z > w cc m w - CL 0 0 3 U. C'i C4 0. I @i . w 2 z Cc < z If I- (L ui 0 w C, z LI ui m to Vd !m3 All ui kit 0 -o cr CL z (W) ID a cc a z a w mu Do z W M aD w m w cc (D LU n z N DI to Di z LL, w w Ln 33HS 33S w cc ku w Ln (D 0Z W C4 z C, L) 0 V) -o ------------ z 0 0 LL. w w w 0 ci r) -7 cn ui _j U Z I- @>Z W OD CC CD ui CL U. w ir UJ 6N N! cc Cal z 0 w z 8 U. x w 0 X Ln 0 w w w cl LLI 0. (L o Zi o QD X o w w ('*4 o w z > I o v) QD u wit c', W:i 0 CC w u. cj w :i (r z Cl In w z o u Lq w 14 *2! 14 4@iiih ...... cr 'A oz fig Ilk @ I !tv im PIN p 0 p P! p RZ z;Ml I' 'I m cr Cl Ch C,4 Z C) oi@ LU U) 0 CL LU 0 cc a: w D 0. ce LL C,4 cc a fo ;41 tz Cc L,3. EXHIBIT "All STREET EASEMENT TRACT 23371-5, M.B. 224/50-56 All of Lettered Lots "A" through "E", inclusive of Tract 23371-5, as shown by map recorded in Book 224 of Maps, at Pages 50 through 56 inclusive, Records of Riverside County, California. Subject to all covenants, conditions, rights, reservations, rights of way, and easements, if any, of record. See Exhibit "B" attached hereto and by this reference made a part hereof. Signature: s H S. 5441 Date: gal ,cc Ut la oil 0 tl @l Ito ui -0 z w w l'Iclo1w C4 o E w 41 z > It W 't o-- cc OD el W CO 0. C4 Q. < cr 3! ix I I 10 Ln o > w cc nj ---------- ........... 3i LLI w W 1,4 a: o- 0 < 0 -57 Z (D 0 z w y 0 LI 0 cr cli U) rn w ix OD Uj OD U. C4 U, < cc n z w z u w la* Z.A ilt ilk fill II v @VII %ii Z fit; t%: zi IL ir vim 4 a I .11 i@ll w 2 IA3HS 33S z 0 w L) w 0 (r n a. z w 0 w z w 0 2 IV W z LU cc CD W W CL cr LL. w < cl LJ n z tv) (V) 11 Ir 4 0 i@l z z cc ai33HS 33S L) w -ow LL w w LLJ 0 ir 0- 0. o C,j w Z cc > W , N tk 0 m CC 0 6 a: W O- I a. -in L'i CIJ 'n cc :9 < .0 w w z w 0 1 C) w C) z bill z ............. cr 30: z LLJ 133HS 33S W 2-4 U. w w cl w 0 cr IL w z w Cc w OD LL CO Cl- ce uj cc ;z w cli CE (4) INV 4i C3 cr_ ir -o EXHIBIT 'vAIv Page I of 4 SIDEWALK AND UTILITY EASEMENT TRACT 23371-1, M.B. 216/8-16 Portions of Tract 23371-1 as filed in Book 216 Pages 8 through 16 inclusive of Maps, and portions of Parcel ' ) and Parcel 5 per Amended Parcel Map 21884 as filed in Book 152 pages 22 through ' )I inclusive of Parcel Maps, all Records of Riverside County, California, located in the City of Temecula, State of California, more particularly described as follows: That portion of Lot 25 and Lots 14 through 18 inclusive of said Tract 23')71-1, more particularly described as follows: A strip of land 6.00 feet wide, lying Westerly of and adjacent to the Westerly sideline of Lot "D" and Lot "E" as shown on said Tract 23' ) 71 - 1; The sidelines of said strip are to be shortened or prolongated to terminate on the Southwesterly line of said Lot 25 and the Westerly line of said Lot 14 of said Tract 23' ) 7 1 - 1; TOGETHER WITH That portion of Lots 9 through 13 inclusive of said Tract 2' ) 7 1 - 1, more particularly described as follows: A strip of land 6.00 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of Lot "E" as shown on said Tract 2' ) 3 71 - 1; The sidelines of said strip are to be shortened or prolongated as to terminate on the Westerly line of said Lot 9 and the Easterlv line of said lot 13; TOGETHER WITH That portion of Lots 9 through 17 of said Tract 2') 3 71 - 1, more particularly described as follows: I A strip of land 6.00 feet wide, lying Northerlv of and adjacent to the Northerly sideline of Lot "H" as shown on said Tract 23'@71-1; EXHIBIT "A" Page 2 of 4 The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of said Lot 9 and on the Southerly line of said Lot 17; TOGETHER WITH That portion of Lot I '@ of said tract 23 3 71 - 1, more particularly described as follows: A strip of land lying adjacent to and 6.50 feet Northwesterly of and all of said Lot I') lying Southeasterly of the following described line: BEGINNING at the Westerly terminus of the 24.00 foot radius curve concave Northwesterly on the Southerly line of said Lot 13; THENCE North 65'39'09" East a distance of ' )2.64 feet to the Easterly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolongated as to terminate on the Southerly and Easterly lines of said Lot 13 of said Tract 23371-1; TOGETHER WITH That portion of Lot I 'I of said Tract 23 3 71 - 1, more particularly described as follows: A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "G" as shown on said Tract 23371-1;. The sidelines of said Strip are to be shortened or prolongated as to terminate perpendicular to the Easterly terminus of the 24.00 foot radius cur-ve concave Northerly on the Southerly line of said Lot 13 and on the Southerly line of Lot "E" of said Tract 23371-1; TOGETHER WITH That portion of Parcel 3 of said Amended Parcel Map 21884, more particularly described as follows: EXHIBIT '?AT' Page 3 of 4 A strip of land 2.50 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "E" as shown on said Tract 23371-1; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly line of said Parcel 3, and on the Northerly line of Lot "F" of said Tract 23371-1; TOGETHER WITH That portion of Lots I through 8 and Lots 18 through 24 of said Tract 23' )71 -1, more particularly described as follows: A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of Lot "H" as shown on said Tract 23371 -1; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly line of said Lot 8, and on the Northerly line of said Lot 18; TOGETHER WITH That portion of Lot 14 said Tract 23 3 71 - 1, more particularly described as follows: A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot "G" as shown on said map 23371-1; The sidelines of said strip are to be shortened or prolonged as to ten-ninate on the Northeasterly line of Lot "H", and on the Southwesterly line of said Lot "E"; EXHIBIT "A" Page 4 of 4 EASEMENT ADDITION: Augmented by an easement 5.00 on both sides of and extending 5.00 feet beyond all street lighting appurtenances including, but not limited to, pull boxes, poles and guy wires. Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of record. See Exhibit "B" attached hereto and by this reference made a part hereof. Signature: Date: 23371swl.lgl EXP @0-30-00 U9 11 sit I I i.@ 6 Ile w ;, Nis 10 1 16 9 V ti 9 a to ti !9 co FM r Li Z U g , > w PAR 9 w Lq > e a: -JLV -Jr S2 rn w F7 z w ij cn (r a: LLi ui (L ct i L) C) 1, a- w < 17(g LI cr .Mf). CVYOPO u 0 ED RI JICJ-L war 7 CL 10 z Ul LU P@ > ui 0 Cc CL a. !s ul L4 ta lp U) LU U) z u -i 0 z A ui o-- i3 cr cc ui CL a: cr z 41 I- u LU z ox t-@ - t 1, O+ Iit kl; LL o o ED w cc 41 In LI x cn w w E/) C3 0 z In 'u u 0 rq cr z u. w (r 10 lei ;j ? LLJ -K IAJ w w LLI im LL Ir < n- z C, ui Ul > :2 0 < (r EL RI IY C. z RI RI If C) cr ry) CC In < 1.770- C) RI @i LI) U (\I CL L) z < z z a, IX u L) o Er U) w z 0 0 z > w o- cr cr w cc LL t4 EL w < 0 cr a: E w co co C) RI a. Z T r\l t 0 w tt) C\l - a 0 w 9w 9 1-1 Z n go 0 m It U. 0 x 0 CL z: a- w tOJ4 Ili cr a. <1 RF;n is ol Ov .13 3,3,, (r Er ui a_ U- 0. w cr rn z 0 cr E z I 10. tL. rz EC 1.4w > u cc CL < 0 z 89. Im Z9 Co w L) z w cc w U. w Cl > Z a 0 cr 0 .. . .. ... ........ .. ... ..... ................. 0 ui r > (r EL a. 5'2 If cji. r S2 cn z ui -i 0 L) < > z w 0 cr cr LL) LL LLI 0 @-z T 0 [EL W!L 2 @ w LL 0 w to z < z cl RZ-l oil C3 z kf 113 cc cr w 1, CL w < 8z@ LI 0 z EXHIBIT '?AT' Page I of 5 SIDEWALK AND UTILITY EASEMENT TRACT 23371-2, M.B. 219/18-25 Portions of Tract 23371-2 as filed in Book 219 Pages 18 through 25 inclusive of Maps , records of Riverside County, California, located in the City of Temecula, State of California, more particularly described as follows: That portion of Lot 39 and Lot 40 of said Tract 23')71-2 more particularly described as follows: A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "E" as shown on said Tract 23371-2; The sidelines of said strip are to be shortened or prolongated as to terminate on the Easterly line of sal 'd Lot 40, and on the Southerly line of said Lot '9; TOGETHER WITH That portion of Lot 39 of said Tract 23371-2, more particularly described as follows: A strip of land 6.00 feet wide, Iving Westerly and Southwesterly of and adjacent to the Easterly and Northeasterly lines of said Lot ' )9 as shown on said Tract 23' )71-2; The sidelines of said strip are to be shortened or prolongated as to terminate on the Southeasterly line of Lot "D" of Tract 2')371-1, as filed in Book 216 Pages 8 through 16 inclusive of Maps , records of Riverside Countv, California, and the Westerly line of Lot "E" per said Tract 23371-2; TOGETHER WITH That portion of Lot 37 and Lots 16 through 2 1, inclusive of said Tract 233 71-2, more particularly described as follows: A strip of land 6.00 feet wide Iving Westerly of and adjacent to the Westerly sideline of Lot "C" as shown on said Tract 23-'171-2; EXHIBIT "All Page 2 of 5 The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly prolongation of that course on the Southerly line of Lot 21 of said Tract 23371-2 shown as North 4'1 5'00"West 3.50 feet, and the Southeasterly line of Lot ' )7 of said Tract; TOGETHER WITH That portion of Lot 16 and a portion of Lot 38 of said Tract 23371-2, more particularly described as follows: A strip of land 6.00 feet wide Iving Northerly of and adjacent to the Northerly sideline of Lot "B" as shown on said Tract 23371-2; The sidelines of said strip are to be are to be shortened or prolonged as to terminate perpendicular to the Westerly terminus of the 24.00 foot radius curve concave Northerly on the Southerly line of said Lot 16, and the Westerly line of said Lot 8; TOGETHER WITH That portion of Lot 16 of said Tract 23371-2, more particularly described as follows: A strip of land lying adjacent to and 8.00 feet Northwesterly of and all of said Lot 16 lying Southeasterly of the following described line; BEGINNING at the Westerly terminus of the 24.00 foot radius curve concave Northerlv on the Southerly line of said Lot 16-, THENCE North 57'1 1'39" East a distance of '@2.39 feet to the Northerly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be are to be shortened or prolonged as to ten-ninate on the Easterly and Southerly line of said Lot 16; 1 EXHIBIT t'Alv Page ') of 5 TOGETHER WITH That portion of Lot 37 of said Tract 23371-2, more particularly described as follows: A strip of land 2.50 feet wide lying Southerly of and adjacent to the Southerly sideline of Lot "B" as shown on said Tract 23371-2; The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of Lot "C" as shown on said Tract 23'@71-2, and the Easterly line of Lot "D" of Tract 23')71-1 as recorded in Book 216 Pages 8 through 16 of Maps said County records; TOGETHER WITH That portion of Lots 21 through 36 of said Tract 23' )71-2, more particularly described as follows: A strip of land 2.50 feet wide lying Northerly, Easterly and Southerly of and adjacent to the Northerly, Easterly and Southerly sideline of Lot "C" as shown on said Tract 23371-2; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly prolongation of that course on the Southerly line of Lot @-I of said Tract 2')371-2 shown as North 4'15'00"West 3.50 feet, and the Westerly line of Lot 36 of said Tract 23371-2; TOGETHER WITH That portion of Lot 40 of said Tract 23371-2, more particularly described as follows: A strip of land 2.50 feet wide lying Northerly of and adjacent to the Northerly sideline of Lot "D" as shown on said Tract 23371-2; The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of Lot "E" as shown on said Tract 2' )' ) 71-2, and the Easterly line of Lot "D" of said Tract 23'371 - 1; EXHIBIT "A" Page 4 of 5 TOGETHER WITH That portion of Lots I through 15 inclusive and a portion of Lot 38 of said Tract 23371-2, more particularly described as follows: A strip of land 2.50 feet wide lying Northerly, Easterly and Southerly of and adjacent to the Northerly, Easterly and Southerly sideline of Lot "E" as shown on said Tract 23371-2; The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of Lot I of said Tract 23371-2, and the Northerly line of Lot 38 of said Tract 2')371-2; TOGETHER WITH That portion of Lots 37 through 40 inclusive and Lot 42 of said Tract 23371-2, more particularly described as follows: A strip of land 2.50 feet wide lying Easterly of and adjacent to the Easterly sideline of Lot "D" as shown on said Tract 23' ) 71 - 1; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly line of Lot "F" of said Tract 23371-1, and the Northeasterly line of Lot "C" of said Tract 2')371-1; TOGETHER WITH That portion of Lot 41 and Lot 42 of said Tract 23371-2, more particularly described as follows: A strip of land 2.50 feet wide lying Easterly of and adjacent to the Easterly sideline of Lot "C" as shown on said Tract 23371-1; The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly line of Lot "D" of said Tract 23371-1, and the Northwesterly line of Lot "A" of said Tract 23371-2; 1 EXHIBIT "A" Page 5 of 5 EASEMENT ADDITION: Augmented by an easement 5.00 feet wide on both sides of and extending 5.00 feet beyond all street lighting appurtenances including, but not limited to, pull boxes, poles, and guy wires. Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of record. See Exhibit "B" attached hereto an@by this reference made a part hereof. Signature:. Date: 23371sw2.lgl .5441 21 @WE L) 0 w W 0 co U. 0 x 0 @ :a 2 > L) :W> WAY MEADOWS PARK w bl w > 0 L N EL 0 < ir cr ui < ci - z w cr w (L ij LL Caw < o cc z 'Fq Ul ID z f@-gelf C)I\t Vill (i w 0 U) 5; w cr 9 dc ki co w Wu D 0 Z 9 IL '-' cl CC r-n z z .Z, cr 0 ,Itt Z' Cl cr w EL U- (L w cr Cl fL z rr 0 EL A 05 0 Ir WP iw- 0 IOL Ula > 0 In Cl) z -i 0 < IL Ir LL) (IL LL CL ul Ir 0 7i Z m 0 65 5; 0 w 0 (r m w r Zo 2 a ( w w x us @kl tL u 0 Ir Ir CL OZ CIS cr ci Cf) w L)< 0 > z .wz wo-- ircr LLJQ- LLQ- w< (r 0 iz 5; pig,' IS,!V R!! I!! P#Sl pill PIM Itil 0 lii AMI 6@ I @6m c Ln T!l Ir cj 8 W2' 4,i S? IN zw@. w wlqg ,1 - - - --- 5*tw tn ie. w X@ cr LL o W 0 CZ LLJ k > 0 a- (L 0 z m 'z Z 0 0 m D Cl) cn LU z L) -i 0 z > o-- w rr a: w a- w < o cc z r.) ui cr 0 z 0 - - - - -- - cj ù................ ù......... la .................. J z w 0 ir 0 z a w u o cr- Cc a- LL Q 0. ILI CL ui cr 0 z "EXHIBIT "A" Page I of 16 SIDEWALK AND UTILITY EASEMENT TRACT 23371-3, M.B. 222/99-113 Portions of Tract 23 3 71-3 as filed in Book 222 of Maps, at Pages 99 through II 3 inclusive of Maps and Portions of Parcel I and Parcel 3 of Amended Parcel Map 21884, as filed in Book 152 Pages 22 through 31 inclusive of Parcel Maps, All Records of Riverside County, California, and located in the City of Temecula, State of California, more particularly described as follows: That portion of Lots 10 through 14, inclusive of said Tract 23371-3, more particularly described as follows: A strip of land 6.00 feet wide, lying Easterly and Southeasterly of and adjacent to the Easterly and Southeasterly sideline of Lot "O" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate at a point lying perpendicular to the Northerly terminus of a 24.00 foot radius curve concave Northeasterly on the Westerly line of said Lot IO and the Southerly projection of that course on the Northwesterly line of said Lot 14, said course being North 30'00'00" West 3.50 feet per said Tract 23371 TOGETHER WITH That portion of Lots I and 10 and Lots 19 through 21 inclusive of said Tract 23371-' ) more particularly described as follows: A strip of land being 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "D" as per said Tract 2' )371-3; The sidelines of said strip are to be shortened or prolonged as to terminate at the Westerly line of said Lot 1, and the Southeasterly line of said Lot 21 TOGETHER WITH: That portion of Lots 15 through 17 inclusive, of said Tract 23371-3 more particularly described as follows; "EXHIBIT "A" Page 2 of 16 A strip of land 6.00 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline of Lot "P" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly line of said Lot 17 and the Westerly line of said Lot 15; TOGETHER WITH That portion of Lot 15, of said Tract 23371-3 more particularly described as follows; A strip of land lying 6.00 feet Easterly of and all of Lot 15 lying Westerly of the following described line; BEGINNING at the the Southerly ter-minus of a 24.00 foot radius curve concave Easterly, on the Westerly line of said Lot 15; THENCE North 10 0 12'3 5 " West 3 6.41 feet to the terminus of said curve, said point also being the point of reversing curvature in the Westerly line of said Lot 15 with a tangent 519.00 foot radius curve concave Northwesterly, a radial bears North 30'25'42" West said point also being the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolonged as to terminate at the Northerly and Southerly lines of said Lot 15; TOGETHER WITH That portion of Lot 15 , of said Tract 23371-3 more particularly described as follows; A strip of land being 6.00 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot "A" of Tract 23371-4 as filed in Book 223 pages I through 9 inclusive of Maps, records said county; The sidelines of said strip are to be shortened or prolonged as to terminate perpendicular to the Northerly terminus of the 24.00 foot radius curve on the Westerly line of said Lot 15 and on the Northeasterly line of said Lot 15;. TOGETHER WITH That portion of Lot 21 of said Tract 23371-3 more particularly described as follows: A strip of land being 6.00 feet wide, lying Westerly of and adjacent to the Westerly sideline of I "EXHIBIT "A" Page 3 of 16 Lot "Q" as shown on said map. The sidelines of said strip are to be shortened or prolonged as to meet the Southerly sideline of Lot "P" of said Tract 23371-3 and be perpendicular to the Southwesterly terminus of the course on the Easterly line of said Lot 21 of said Tract 23371-3, said course shown as South 15'00'00" West 54.10 feet; TOGETHER WITH That portion of Lot 21 of said Tract 23371-3, more particularly described as follows: A strip of land being 8.20 feet wide, lying Northwesterly of and adjacent to the course shown as North 56'37'26" East 31.88 feet on said Tract 23371-3; The sidelines of said strip are to be shortened or prolongated as to terminate on the northerly sideline of Lot "D" and the Easterly line of said Lot 21 of said Tract 23371-3; TOGETHER WITH That portion of Lot 10 of said Tract 23371-3 more particularly described as follows: A strip of land lying 6.5 0 feet Northeasterly of, and all of said Lot IO lying Southwesterly of the following described line: BEGINNFNG at a point on the Southwesterly line of said Lot IO, said point being the Southerly terminus of a 24.00 foot radius curve concave Easterly; THENCE North 48059'24" West 35.69 feet to a point being the Northerly terminus of said 24.00 foot radius curve, said point also being the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolongated as to terminate on the Westerly and Southerly lines of said Lot 10; TOGETHER WITH That portion of Lot 14 and Lots 18 through 21 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline "EXHIBIT "A" Page 4 of 16 of Lot "P" of per said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly line of Lot "Q" of said Tract 23371-3 and the Southeasterly line of Lot "O" of said Tract 23371-3; TOGETHER WITH That portion of Lots I through 9 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "O" of said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate at the Northerly line of Lot "D" of said Tract 23371-3 and the Northeasterly line of said Lot 9; TOGETHER WITH That portion of Lots 61 and 62 and Lots 72 through 81 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 6.00 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline of Lot "C" of per said Tract 23' )71-3; The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly line of said Lot 81 and the Southeasterly line of said Lot 61; TOGETHER WITH That portion of Lots 62 through 65 and Lots 39 through 46 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sidelines of Lot "S" of said Tract 23371-') and Lot "G" of Tract 23371-4 as filed in Book 223 pages I through 9 inclusive of maps, Records of said County; The sidelines of said strip are to be shortened or elongated as to terminate at the Northeasterly "EXHIBIT "A" Page 5 of 16 sideline of said Lot "C" of said Tract 23371-3 and the Northerly line of said Lot 46; TOGETHER WITH That portion of Lots 66 through 81 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 6.00 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lot "R" as shown on said Tract 2' )371-3; The sidelines of said strip are to be shortened or elongated as to terminate radial to the Northerly terminus of the 24.00 radius curve concave Westerly on the Easterly line of said Lot 66 and the Easterly sideline of Lot "Q" per said Tract 23371-3; TOGETHER WITH That portion of Lots 22 through 38 inclusive of said Tract 23')71-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Easterly and Northerly of and adjacent to the Easterly sideline of Lot "B" as shown on said Tract 23371-4 and the Northerly sideline of Lot "R" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate on the Northeasterly line of said Lot 22 and the Northwesterly sideline of Lot "G" of said Tract 23372-4; TOGETHER WITH That portion of Lots 66 through 72 inclusive of said Tract 23371-3, more particularly described as follows: A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot " S " as shown on said Tract 23 3 71-3; The sidelines of said strip are to be shortened or elongated as to terminate radial to the Easterly ten-ninus of the 24.00 foot radius curve concave Northerly on the Southerly line of said Lot 72, and at the Westerly terminus of the 24.00 foot radius curve concave Westerly on the Easterly line of said Lot 66 of said Tract 2')371-3; "EXHIBIT "A" Page 6 of 16 TOGETHER WITH That portion of Lot 66 of said Tract 23371-3, more particularly described as follows: A strip of land lying 6.50 feet Westerly of, and all of said Lot 66 lying Easterly of the following described line: BEGINNING at a point being the Southerly terminus of the 24.00 foot radius curve concave Westerly on the East line of said Lot 66, THENCE North 07042'16" East 35.44 feet to a point being the Northerly ten-ninus of said curve, said point also being the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolonged as to terminate at the Northeasterly and Southerly lines of said Lot 66; TOGETHER WITH That portion of Lot 72 of said Tract 23 3 71 more particularly described as follows: A strip of land lying 8.00 feet Northerly of, and all of said Lot 72, lying Southerly of the following described line: BEGINNING at a point being the Easterly terminus of a 24.00 foot radius curve concave Northerly on the South line of said Lot 72; THENCE South 8703010011 West 32.43 feet to the Westerly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or elongated as to terminate at the Easterly and Southwesterly lines of said Lot 72; TOGETHER WITH That portion of Lot 38 of said Tract 23371-3, more particularly described as follows: The Southeasterly 6.00 feet of said Lot 38, lying Northwesterly of and adjacent to Lot "G" of said Tract 2'@'@71-4; "EXHIBIT "A" Page 7 of 16 The sidelines of said strip are to be shortened or prolonged as to terminate on the Northeasterly line of said Tract 23371-3 and the Northwesterly prolongation of the course on the Southeasterly Line of said Lot 3 8, shown as North 45 '03'1 3 " West 3.5 0 feet; TOGETHER WITH That portion of Lots 39 through 46 inclusive and Lots 62 through 65 inclusive of said Tract 23371-3, more particularly described as follows: A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "U" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly line of said Lot 46 and Southeasterly line of said 62; TOGETHER WITH That portion of Lot 39 of said Tract 23371-3, more particularly described as follows: A strip of land 6.00 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "T" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate on the Southeasterly sideline of Lot "S" of said Tract 23371-3 and radial to the Northerly terminus of the 24.00 foot radius curve concave Northerly on the Southwesterly line of said Lot 39; TOGETHER WITH That portion of Lot 3 9 of said Tract 23' )71-3, more particularly described as follows: A strip of land lying 7.00 feet Northerly of, and all of said Lot 39 lying Southerly of the following described line: BEGINNING at a point being the Easterly terminus of a 24.00 foot radius curve concave Northerly on the Southerly line of said Lot ' )9; 1 "EXHIBIT "A" Page 8 of 16 THENCE North 67'45'00" West 34.67 feet to the Westerly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly and Southerly lines of said Lot 39; TOGETHER WITH That portion of Lots 140 through 147 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 6.00 feet wide, lying Northerly and Northeasterly of and adjacent to the Northerly and Northeasterly sideline of Lot "N" as shown on said Tract 23'@71-3; The sidelines of said strip are to be shortened or elongated as to terminate on the Southerly sideline of Lot "D" of said Tract 23371-3 and the Southeasterly line of said Lot 140; TOGETHER WITH That portion of Lots 91 through 98 inclusive per said Tract 23371-3 more particularly described as follows: A strip of land 6.00 feet wide, lying Northerly and Easterly of and adjacent to the Northerly and Easterly sideline of Lot "K" and Lot "J" per said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate at the Northerly prolongation of the course on Southerly line of said Lot 98, shown as North 17'30'00" West 3.50 feet and on the Westerly sideline of Lot "M" of said Tract; TOGETHER WITH Those portions of Lots 102 through 105 inclusive and Lots 126 through I' ) 5 inclusive of said Tract 23371-3, and a portion of Parcel I and Parcel 3, of said Amended Parcel Map 21884 more particularly described as follows: I Strips of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lots "H" and "V" as shown on said Tract 23371 "EXHIBIT "A" Page 9 of 16 The sidelines of said strips are to be shortened or prolonged as to terminate on the Northerly sideline of Lot "G" of said Tract 23371-3, and radial to the Southerly terminus of the 24.00 foot radius curve compound Northwesterly on the Southeasterly line of said Lot 105, and on the Easterly sideline of Lot "I" of said Tract 23371-3, and the Southwesterly sideline of Lot "C" of 'd Tract 23371-3; sal TOGETHER WITH That portion of Lot 105 of said Tract 23371-3 more particularly described as follows: A strip of land lying 7.50 feet Westerly of, and all of said Lot 105 lying Easterly of the following described line: BEGINNING at the Southerly terminus of the 24.00 foot radius curve concave Westerly on the Easterly line of said Lot 105; THENCE North 22'15'00" East 33.94 feet to the Northerly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly and Southerly lines of said Lot 105 of said Tract 23371-3; TOGETHER WITH That portion of Lot 105 of said Tract 23371-3 more particularly described as follows: A strip of land 6.00 feet wide, lying Westerly of and adjacent to the Westerly sideline of Lot "I" of said Tract 23 3 71 -' ); The sidelines of said strip are to be shortened or elongated as to terminate at the Westerly prolongation of that course on the Easterly line of said Lot 105 shown as North 67' 1 5'00" East 3.5 0 feet on said Tract 23 3 71 -' ) and radial to the Northerly terminus of the 24.00 foot radius curve compound Westerly on the Easterly line of said Lot 105; TOGETHER WITH That portion of Lots 13 8 and 13 9 of said Tract 23 3 71-3 more particularly described as follows: "EXHIBIT "A" Page 10 of 16 A strip of land 6.00 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline of Lot "M" of said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate at the Northwesterly line of said Lot 139 and radial to the Westerly terminus of the 24.00 foot radius curve concave Northerly on the Westerly line of said Lot 138; TOGETHER WITH That portion of Lots 136 through 138 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "L" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate on the Southeasterly line of said Lot 136, and radial to the Easterly terminus of the 24.00 foot radius curve concave Northerly on the Southerly line of said Lot 138; TOGETHER WITH That portion of Lot 138 of said Tract 23371-3 more particularly described as follows: A strip of land lying 8.00 feet Northeasterly of, and all of said Lot 138 lying Southwesterly of the following described line: BEGINNING at a point being the Easterly terminus of the 24.00 foot radius curve concave Northerly on the Southerly line of said Lot 138; THENCE North 65 0 0 1'09" West ' )4.71 feet to the Westerly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly and Southwesterly line of said Lot 138; 1 "EXHIBIT "A" Page I I of 16 TOGETHER WITH That portion of Parcel I of said Amended Parcel Map 21884 more particularly described as follows: A strip of land being 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "E" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline of the MWD fee Right of Way lying parallel to Margarita Road as shown on Record of Survey recorded in Book 70 Pages 85 through 95, Said County records, and the Westerly line of Lot 120 of said Tract 23371-4 as filed in Book 223 of Maps, at Pages I through 9 inclusive of Maps, records of said county; TOGETHER WITH That portion of Parcel I and Parcel 3 of said Amended Parcel Map 21884 more particularly described as follows: A strip of land being 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lot "E" as shown on said Tract 2' ) 3 71-3; The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline of the M@ fee Right of Way lying parallel to Margarita Road as shown on Record of Survey recorded in Book 70 Pages 85 through 95, Said County records, and the Westerly line of Lot 82 of said Tract 23371-3; TOGETHER WITH That portion of Lots 148, and 165 through 167 inclusive of said Tract 23')71-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lettered Lot "F" and Lot "G" as shown on said Tract 23371-'3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly sideline of Lot "W" of said Tract 23 3 71 -'I, and the Northerly line of Lot 148 of Tract 2'@ 3 71-3, "EXHIBIT "A" Page 12 of 16 TOGETHER WITH That portion of Lots 149 through 164 inclusive and Lot 169 of said Tract 23371-3, and Parcel I as shown on said Amended Parcel Map 21884, more particularly described as follows: A strip of land 2.50 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "F" and Lot "G" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly sideline of Lot "C" of said Tract 23371-3, and the Southwesterly line of said Lot 149; TOGETHER WITH That portion of Lot 165 of said Tract 23371-3, more particularly described as follows: A strip of land being 17.00 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of Lot " C " as shown on said Tract 23 3 71 - 1; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly sideline of Lot "W" of said Tract 23-'171-3, and Northwesterly Sideline of Lot "A" of said Tract 2'1371-3; TOGETHER WITH That portion of Lot 165 of said Tract 23 71-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot " W" as shown on said Tract 23 3 71 -' ); The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly sideline of Lot "F" of said Tract 23371-3, and the Southwesterly line of Lot "C" of said Tract 23')71-1; TOGETHER WITH That portion of Lot 169 and Lots 106 through 125 inclusive of said Tract 23371-3 more particularly described as follows: "EXHIBIT "A" Page 13 of 16 A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot "H" and Lot "V" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly sideline of Lot "G" of said Tract 23371-3, and the Southwesterly sideline of Lot "C" of said Tract 23371-3; TOGETHER WITH That portion of Lot 125 and Lot 169 of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of Lot "C" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly sideline of Lot "H" of said Tract 23371-3, and the Northwesterly sideline of Lot "F" of Tract 2'@371-3; TOGETHER WITH That portion of Lot 126 of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "I" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly sideline of Lot "V" of said Tract 23371-3, and the Southeasterly sideline of Lot "K" of said Tract 23371-3; TOGETHER WTTH That portion of Lots 98 through 105 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southwesterly and Southerly of and adjacent to the Southwesterly and Southerly sideline of Lot "J" as shown on said Tract 23 37 1 --' ); The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly "EXHIBIT "A" Page 14 of 16 projection of that course on the Southerly line of said Lot 98 shown as North 17'30'00" West3.50 feet, and the Westerly sideline of Lot "I" of said Tract 23371-3; TOGETHER WITH That portion of Lots 126 through 135 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot "K" and Lot "L" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Easterly sideline of Lot "I" of said Tract 23' )71-3, and the Northwesterly line of said Lot 135; TOGETHER WITH That portion of Lot 82, Lots 139 through 147 inclusive, Lot 136 and Lot 135, all of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lot "D," and Lot "C" all as shown on said Tract 23-'171-3; The sidelines of said strip are to be shortened or prolonged as to ten-ninate on the Westerly line of said Lot 82, and the Northwesterly sideline of Lot "V" of Tract 23371-3; TOGETHER WITH That portion of Lots 82 through 91 inclusive of said Tract 233 7 1 more particularly described as follows: A strip of land 2.50 feet wide, lying Westerly and Southwesterly of and adjacent to the Westerly and Southwesterly sideline of Lot "N" and Lot "M" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly sideline of Lot "D" of said Tract 23-' )71-3, and the Northerly sideline of Lot "K" of Tract 23371 - 3; "EXHIBIT "A" Page 15 of 16 TOGETHER WITH That portion of Lot 81 said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "Q" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly sideline of Lot "R" of said Tract 23371-3, and the Northerly sideline of Lot "C" of Tract 23371-3; TOGETHER WITH That portion of Lot 65 of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Westerly of and adjacent to the Westerly sideline of Lot "T" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly sideline of Lot "S" of said Tract 23371-3, and the Northerly sideline of Lot "U" of Tract 23371-3; TOGETHER WITH That portion of Lots 47 through 61 inclusive of said Tract 23371-3 more particularly described as follows: A strip of land 2.50 feet wide, lying Easterly, Southerly, and Westerly of and adjacent to the Easterly, Southerly, and Westerly sideline of Lot "U" as shown on said Tract 23'371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northwesterly sideline of said Lot 61 and the Westerly sideline of said Lot 47; 1 "EXHIBIT "A" Page 16 of 16 EASEMENT ADDITION: Augmented by an easement 5.00 feet wide on both sides of and extending 5.00 feet beyond all street lighting appurtenances including, but not limited to, pull boxes, poles, and guy wires. Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of record. See Exhibit "B" attached hereto and by this reference made a part hereof. Signatur Date: 2337]sw3.lgl ............ . ..................................................... OA A-AV w w LLI W2 x F. UJ a LL. 0 w Q. C4 cr z z w U) z -i 0 < u > w 0 cc cc LL CL ui < cc d5 WI. 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LLJ z z w cc 9 0 ZTFHUII 0 3i -S-8 0 Ft rf) Rli @nr. r; w 0 z 0 cr Q- CV) cr -i 0 < > w 0 ir Cl LL) (I LL Q. o@ LLJ < 0 Ir z L) a rL 0 IL 05 5; w Er 0 z CO LL n8 w a_ (L 10 w Z C En cn w z -i 0 < z > w 0 b m cr w w < a: 0 0 z 0 (r C, 0 ziz TM"ll EXHIBIT '?Atv Page I of 6 SIDEWALK AND UTILITY EASEMENT TRACT 23371-4, M.B. 223/1-9 Portions of Tract 23371-4 as filed in Book 223 pages I through 9 inclusive of maps, Records of Riverside County, California, located in the City of Temecula, State of California, more particularly described as follows: That portion of Lot 28, Lot 29 and Lots 33 through 50 inclusive of said Tract 23371-4, more particularly described as follows: A strip of land 6.00 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot "A" per said Tract 23371-4; The sidelines of said strip are to be shortened or prolongated as to terminate on the Southwesterly line of said Lot 50 and at the Northerly line of said Lot 28; TOGETHER WITH That portion of Lot 51 through 66 inclusive, of said Tract 23371-4, more particularly described as follows: A strip of land 6.00 feet wide, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "B " as shown on said Tract 23 3 71-4, and Northwesterly of and adj acent to the Northwesterly sideline of Lot "Q" as shown on Tract 23'371-3 as filed in Book 222 pages 99 through II 3 inclusive of maps, Records of said County, and Northerly of and adjacent to the Northerly sideline of Lot "P" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly line of said Lot 51 and at the Southwesterly sideline of Lot "C" per said Tract 23371-4; TOGETHER WITH That portion of Lot ' )4, Lot 66, Lot 67 and Lots 105 through 107 inclusive of said Tract 2'1' )71-4, more particularly described as follows: A strip of land 6.00 feet wide tving Southwesterly of and adjacent to the Southwesterly sideline of EXHIBIT "A" Page 2 of 6 Lots "C" and "D" as shown on said Tract 23371-4; The sidelines of said strip are to be shortened or prolonged as to terminate at a point lying radial to the Easterly terminus of the 24.00 foot radius curve concave Southerly on the Northeasterly line of said Lot 34, and perpendicular to the Easterly terminus of the course shown as North 36'41'14" West 26.25feet on the Easterly line of said Lot 107; TOGETHER WITH That portion of Lots 71 through 75 inclusive, as shown on said Tract 23371-4, more particularly described as follows: A strip of land 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "E" as shown on said Tract 23371-4; The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline of Lot "B" of said Tract 23371-4, and at the Southeasterly line of said Lot 75; TOGETHER WITH That portion of Lots 76 through 83 inclusive, as shown on said Tract 23')71-4, more particularly described as follows: A strip of land 2.50 feet wide, lying Southerly of and adjacent to the Southerly sideline of Lot "E" as shown on said Tract 23371-4; The sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline of Lot "B" of said Tract 23371-4, and at the Northerly line of said Lot 76; TOGETHER WITH That portion of Lots 84 through 92 inclusive, as shown on said Tract 23' )71-4, more particularly described as follows: A strip of land 6.00 feet wide, lying Northerly of and adjacent to the Northerly sideline of Lot "F" as shown on said Tract 23371-4; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southeasterly I EXHIBIT "A" Page 3 of 6 sideline of Lot "B" of said Tract 23371-4, and at the Southeasterly line of said Lot 92; TOGETHER WITH That portion of Lots 9' ) through 104 inclusive, as shown on said Tract 23 3 71-4, more particularly described as follows: A strip of land 2.50 feet wide, lying Southerly and Southeasterly of and adjacent to the Southerly sidelines of Lot "E" and Southeasterly line of Lot "B" of said Tract 23371-4; The sidelines of said strip are to be shortened or elongated as to terminate on the Southwesterly line of Lot 104 of said Tract 23371-4, and on the Northeasterly line of said Lot 93; TOGETHER WITH That portion of Lot 34 as shown on said Tract 23371-4, more particularly described as follows: A strip of land 7.00 feet wide lying Southwesterly of and adjacent to, and all of said lot 34 lying Northeasterly of, the following described line; BEGINNING at the Easterly terminus of the 24.00 foot radius curve concave Southerly on the Easterly line of said Lot 34; THENCE North 60'36'22" West a distance of 35.02 feet to a point being the Westerly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolonged as to terminate on Easterly and Northerly lines of said Lot 34. TOGETHER WITH That portion of Lot 66 of said Tract 2' )371-4,more particularly described as follows: A strip of land 8.50 feet wide Lying Westerly of and adjacent to, and all of said Lot 66 lying Easterly of the following described line: BEGINNING at the Southerly terminus of the 24.00 foot radius curve concave Westerly on the Southeasterly line of said Lot 66; EXHIBIT "All Page 4 of 6 THENCE North 08'20'44" East a distance of 31.64 feet to the Northerly terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolonged as to terminate on Southeasterly and Northeasterly lines of said Lot 66. TOGETHER WITH That portion of Lot 51 of said Tract 23371-4, more particularly described as follows: A strip of land 8.50 feet wide Lying Northerly of and adjacent to, and all of said Lot 51 lying Southerly of the following described line; BEGINNING at a point on the Southerly line of said Lot 51 of said Tract 23371-4, said point also being Westerly terminus of a 24.00 foot radius curve concave Northerly; THENCE North 66'40'37" East a distance of 31.70 feet to the Easterly Terminus of said curve and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolongated as to terminate on Southwesterly and Southeasterly lines of said Lot 5 1. TOGETHER WITH That portion of Lot 119 of said Tract 23371-4, more particularly described as follows: A 6.00 foot wide strip of land lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "G" as shown on said Tract 2-')371-4; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southwesterly line of said Lot II 9 and on the Southerly sideline of Lot "D" of said Tract 23 371-4; TOGETHER WITH That portion of Lot 120 of said Tract 23' )71-4, more particularly described as follows: A 6.00 foot wide strip of land lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "E" of said Tract 23371-'); EXHIBIT "A" Page 5 of 6 The sidelines of said strip are to be shortened or prolonged as to terminate on the Westerly and Easterly lines of said Lot 120; TOGETHER WITH That portion of Lots I through 27 inclusive, as shown on said Tract 23371-4, more particularly described as follows: A strip of land 2.50 feet wide, lying Northwesterly of and adjacent to the Northwesterly sidelines of Lot "A" as shown on said Tract 23371-4, and Lot "O" as shown on said Tract 23371-3; The sidelines of said strip are to be shortened or elongated as to terminate on the Southwesterly line of said Lot 1, and at the Southerly line of said Lot 27; TOGETHER WITH That portion of Lots 30 through 3' ) inclusive, as shown on said Tract 23' )71-4, more particularly described as follows: A strip of land 2.50 feet wide, lying Northeasterly of and adjacent to the Northeasterly sideline of Lot "C" as shown on said Tract 23' )71-4; The sidelines of said strip are to be shortened or elongated as to terminate on the Southerly sideline of Lot "A" of said Tract 23371-4, and at the Southeasterly line of said Lot 30; TOGETHER WITH That portion of Lot 83, Lot 84 and Lots 67 through 71 inclusive, all as shown on said Tract 23371-4, more particularly described as follows: A strip of land 2.50 feet wide, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot "B" as shown on said Tract 23371-4; The sidelines of said strip are to be shortened or elongated as to terminate on the Southwesterly sideline of Lot "C" of said Tract 23-'171-4, and at the Northeasterly sideline of Lot "F" of said Tract 3 71 -4; EXHIBIT "All Page 6 of 6 TOGETHER WITH That portion of Lots 107 through 1 19 inclusive, as shown on said Tract 23 3 71-4, more particularly described as follows: A strip of land 2.50 feet wide, lying Southwesterly of and adjacent to the Southwesterly sideline of Lot "D" as shown on said Tract 23371-4; The sidelines of said strip are to be shortened or elongated as to terminate on the Southerly sideline of Lot "C" of said Tract 23371-4, and on the Westerly sideline of Lot "G" of said Tract 23371-4; EASEMENT ADDITION: Augmented by an easement 5.00 feet on both sides of and extending 5.00 feet beyond all street lighting appurtenances including, but not limited to, poles, pull boxes and guy wires. Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of record. See Exhibit "B" attach rence made a part hereof. Signatui Date: o. 541 23371 sw4.lgl Q z -o jot -o 9 ReII 0 w X 0 0 0 0 0 (L 0. W -i0 u w o-- cr rw 6N?: 10 LLI 01 ce F- U. Er ui z N Lu z I- L) w 0 z %I cc 1: 0 w X ui 3t z z w u , < z > C\i w o-- CC. @ ir w U. cq cc LI ad 0 14 In z ui cr 0 i33HS 33S rr LLJ C) w w x > Lf) 0 cr CL c @04 ui w z lu fn 0 N > LU 0 (r t6 lr a- tn U. 0 0 uj cr < CL z Ln L'i cr 0 Z ir lit 0 ,it 9 0 C'14 )so u 0 0o z -i 0 Cc x W m Cl 0, U. w tn w LU 133HS 3,3s z tu W ik -o w co x cr C)L tD 0 Z Jr cr a Zz 0 W;z 0 LU -i 0 co CC w a- cr u. W cr C3 oj In (0) 13 cr . Iiz I-C tn NFBLICK io LL 9 w x w x in 0 0 w EC a: a. tz, PP tv) i.ft,ow.0 0 w m CL z w F- wq CC w a. ir U- P a. It w < 0 cc In u w > ui u fit! w ;iw w tita ig. till w im hut w z io X 9 U. 0 >- CD IV) cr C-4 t- C) w 0 u rr) 0 a Cc m C4 cli 0 ----------- 11 14 cr 10 0 5. U, CD Cc (L U. 0- ui cr < CD Iiii EXHIBIT "A" Page I of 6 SIDEWALK AND UTILITY EASEMENT TRACT 23371-5, M.B. 224/50-56 Portions of 23371-5 as filed in Book 224 pages 50 through 56 inclusive of Maps, Records of Riverside County, California, located in the City of Temecula, State of California, more particularly described as follows: That portion of Lots 26, 27, 48 and 49 of said Tract 23371-5, more particularly described as follows: A strip of land 6.00 feet wide, lying Easterly of and adjacent to the Easterly sideline of Lot "D" as shown on Tract 23371-4 as filed in Book 223 pages I through 9 inclusive of Maps, Records of said county; The sidelines of said strip are to be shortened or prolongated as to terminate radial to the Northeasterly comer of Lot "D" of said Tract 23371-4, said radial bears North 72'26'55" West per said Tract 23371-4, and terminate radial to the Westerly terminus of the 24.00 foot radius curve concave Northerly on the Southerly Line of said Lot 49 of said Tract 23' )71-5; TOGETHER WITH That portion of Lots 69 through 74 inclusive of said Tract 23'371-5, more particularly described as follows: A 6.00 foot wide strip of land, lying Southerly of and adjacent to the Southerly sideline of Lot "A" as shown on said Tract 23371-5; The Sidelines of said strip are to be shortened or elongated as to terminate on the Northerly line of said Lot 74 and the Northerly line of said lot 69. TOGETHER WITH That portion of Lot 74 of said Tract 23371-5, more particularly described as follows: A 2.50 foot wide strip of land, lying Southeasterly of and adjacent to the Southeasterly sideline of Lot "G" as shown on said Tract 23371-4; 1 EXHIBIT IlAt' Page 2 of 6 The Sidelines of said strip are to be shortened or elongated as to terminate on the Southerly line of said Lot 74 and the Southerly line of Lot "A" of said Tract 23371-5. TOGETHER WITH That portion of Lots 63 through 68 inclusive of said Tract 23371-5, more particularly described as follows: A 2.50 foot wide strip of land, lying Northerly of and adjacent to the Northerly sideline of Lot "A" as shown on said Tract 23371-5 and Lot "D" as shown on said Tract 23371-4; The Sidelines of said strip are to be shortened or elongated as to terminate on the Easterly sideline of Lot "B" of said Tract 23371-5, and the Southerly line of said lot 68. TOGETHER WITH That portion of Lots 49 through 55 inclusive of said Tract 23-'171-5 more particularly described as follows: A 6.00 foot wide strip of land lying Northerly and Westerly of and adjacent to the Northerly and Westerly sideline of Lot "B" as shown on said Tract 23371-5; The sidelines of said strip are to be shortened or prolonged as to terminate radial to the Easterly terminus of a 24.00 foot Radius curve concave Northerly on the South line of said Lot 49 and on the Northerly prolongation of the course along Lot "B" and Lot 55 shown as North 3'21'48" East 3.50 feet on said Tract 2'@371-5; TOGETHER WITH That portion of Lots 35 through 48 inclusive of said Tract 23371-5, more particularly described as follows: A 6.00 foot wide strip of land lying Southeasterly, Easterly and Northerly of and adjacent to the Southeasterly, Easterly and Northerly sideline of Lot "C" of said Tract 2')371-5; The sidelines of said strip are to be shortened or prolongated as to terminate on the Westerly line of I EXHIBIT "A" Page 3 of 6 said Lot 48 and at the Southwesterly line of said Lot 35. TOGETHER WITH That portion of Lots 16 through 26 inclusive of said Tract 23371-5, more particularly described as follows: A 6.00 foot wide strip of land lying Southeasterly and Easterly of and adjacent to the Southeasterly and Easterly sideline of Lot "D" of said Tract 23371-5; The sidelines of said strip are to be shortened or prolongated to terminate radial to the most Southerly comer of said Lot "D" and on the Northwesterly line of said Lot 16; TOGETHER WITH That portion of Lots 4 through 8 inclusive of said Tract 23371-5, more particularly described as follows: A 6.00 foot wide strip of land lying Southwesterly, Westerly and Northwesterly of and adjacent to the Southwesterly, Westerly and Northwesterly sideline of Lot "E" of said Tract 23371-5; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northwesterly sideline of Lot "D" of said Tract 23371-5, and at the Easterly line of said Lot 8. TOGETHER WITH That portion of said Lot 49 of Tract 23371-5, more particularly described as follows: A strip of land lying adjacent to and 6.50 feet Northerly of, and all of said Lot 49 lying Southerly of, the following described line: BEGINNING at the Easterly terminus of a 24.00 foot radius curve concave Northerly on the Southerlv line of said Lot 49; 1 THENCE South 88'1 3'1 3" West 35.28 feet to the Westerly terminus of said curve and the POINT OF TERMINATION. EXHIBIT "A" Page 4 of 6 The sidelines of said strip are to be shortened or prolonged as to terminate on the Southerly and Westerly lines of said Lot 49; TOGETHER WITH That portion of Lot 48 of said Tract 23371-5, more particularly described as follows: A 7.00 foot wide strip of land lying Easterly of and adjacent to, and all of said Lot 48 lying Westerly of, the following described line: BEGINNING at the Southerly terminus of a 24.00 foot radius curve concave Easterly on the Westerly line, of said Lot 48; THENCE North 26'57'24" East 38.71 feet to the Northeasterly terminus of said 24.00 foot radius curve, and the POINT OF TERMINATION. The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly and Westerly lines of said Lot 48; TOGETHER WITH That portion of Lot 75 of said Tract 23371-5, more particularly described as follows: A 6.00 foot wide strip of land lying Westerly and Northerly of and adjacent to Lot "D" of Tract 23 3 71 -1 as filed in Book 216 pages 8 through 16 inclusive of Maps, said County and Lot " W" and Lot "C" of Tract 23371-3 as filed in Book 222 pages 99 through 113 inclusive of Maps, said County; The sidelines of said strip are to be shortened or prolonged as to terminate on the Southwesterly line of Lot 25 of said Tract 23371-1, and the Southeasterly line of Lot 61 of said Tract 2')371-3; TOGETHER WITH That portion of Lot 75 of said Tract 23371-5, more particularly described as follows: A 6.00 foot wide strip of land lying Southerly of and adjacent to Lot "E" of said Tract 23371-1; 1 EXHIBIT "All Page 5 of 6 The sidelines of said strip are to be shortened or prolonged as to terminate on the Northwesterly line of Lot 75 of said Tract 23371-5 and the Westerly line of Lot 9 of said Tract 23371-1; TOGETHER WITH That portion of Lot 75 of said Tract 23371-5, more particularly described as follows: A 6.00 foot wide strip of land lying Northwesterly of and adjacent to Lot "H" of said Tract 23371 - 1; The sidelines of said strip are to be shortened or prolonged as to terminate on the Northerly line of Lot 8 of said Tract 23 3 71 -1 and the Westerly line of Lot 9 of said Tract 23 3 71 - 1; TOGETHER WITH That portion of Lots I through 4 inclusive of said Tract 23371-5, more particularly described as follows: A 2.50 foot wide strip of land, lying Northwesterly of and adjacent to the Northwesterly sideline of lettered Lot "D" as shown on said Tract 23371-5 and lying Northerly of and adjacent to the Northerly sidelines of Lot "C" and Lot "D" of Tract 23371-4 as filed in Book 223, pages I through 9 inclusive of Maps of said County; The Sidelines of said strip are to be shortened or elongated as to terminate on the Northwesterly line of said Lot I and the Southwesterly sideline of Lot "E" of said Tract 23371-5. TOGETHER WITH That portion of Lots 9 through 15 inclusive of said Tract 23' )71-5, more particularly described as follows: A 2.50 foot wide strip of land, lying Northeasterly and Northwesterly of and adjacent to the Northeasterly and Northwesterly sidelines of Lot "E" and Lot "D" of said Tract 23371-5; The Sidelines of said strip are to be shortened or elongated as to terminate on the Westerly line of sal 'd Lot 9 and the Southeasterly line of said lot 15; EXHIBIT "A" Page 6 of 6 TOGETHER WITH That portion of Lots 27 through 34 inclusive of said Tract 23371-5, more particularly described as follows: A 2.50 foot wide strip of land, lying Northwesterly of and adjacent to the Northwesterly sideline of Lot "C" as shown on said Tract 23371-5; The Sidelines of said strip are to be shortened or elongated as to terminate on the Westerly line of said Lot 27 and the Northeasterly line of said lot 34; TOGETHER WITH That portion of Lots 55 through 63 inclusive of said Tract 23371-5, more particularly described as follows: A 2.50 foot wide strip of land, lying Easterly and Southerly of and adjacent to the Easterly and Southerly sideline of Lot "B" as shown on said Tract 23371-5; The Sidelines of said strip are to be shortened or elongated as to terminate on the Northeasterly sideline of Lot "D" as shown on said Tract 23371-4 and on the Northerly prolongation of the course ontheSoutherlylineofsaidLot55 shownasNorth')'21'48"East3.50feetonsaidTract23371-5; EASEMENT ADDITION: Augmented by an easement 5.00 feet on both sides of and extending 5.00 feet beyond all street lighting appurtenances including, but not limited to, pull boxes, poles and guy wires. Subject to all covenants, conditions, rights, reservations, rights of way and easements if any of record. See Exhibit "B" attached hereto and by this refer Signature@ Date: @ 23371 sw5.lgl e made a part hereof ,ol ci Cl Is 11 iz I k e o m > wo a. ui z r(-4 lit CIJ Az w -i 0 0 z ci- LLi cc CD cr W 00 (L SK cli a. a! w < 0 cc LE Cj 61 o z cr LC) z w Nikki .......... .. ........... . .............. I LLI 0 z RI u RI ui U) OD w le tc U. C4 rn pit p w lb! lb I all I kill !:II u a..Ik al@. z a LLA i i -all @z;iN i It inj cli w uil im &.1@im -Zvi- %41-i k gi4h@t@zt w co LL u 0 W x IE 4 -t k it it pit t'al at kV 0 uj 01 O- (L t, -i 0 W (X OD 0 LU OD cc (L m LL i7j (L w :9 u) (r W a Z I iE Cl :!z w z w Z 0w 0 zo ism U 01 z cli w w w -o WI 0 lb O,- x W LU > a- 0. < CD LU Z (D z uu o 0 A-WI m Is 0 If.W. I.,j log 'n 0 :i 0 * 0 Z @ 'I@-I i W * N o-- M OD t6 Cl ui OD a- U- Lo ui CIJ 0- ir o a lilt :N!eAz cc Tiil w x cl ui 0 0- z z u 0 0 cr w .0 ct) z 0 L) :i < 0 z > Oil w Q- D-, gx It N w OD OD W a. LL Ift ZO 0 -o 10. EXHIBrr "C" Tracts No. 23371 ViHage A: Specific Plan No. 199 (Location Map) a C fe olif,*Iili" 0 a -, t a c 1 e 0 we sail Ole" LOCATION MAP N.T.S. ITEI\4 8 APPROVAL CITY ATTOF FINANCE DII CITY MANA CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Accept Public Improvements in Tract No. 21675-5. (Northwesterly of intersection of Meadows Parkway at Rancho Vista Road) PREPARED BY: Ronald J. Parks, Principal Engineer - Land Development Albert Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the Public Improvements in Tract No 21675-5, AUTHORIZE the initiation of the one-year warranty period, reduction of the Faithful Performance Street and drainage, and Water and Sewer security amounts and release of the Traffic Signalization Mitigation security, ACCEPT substitute securities for Faithful Performance Warranty and Labor and Materials, and DIRECT the City Clerk to so advise the Developer and Sureties. BACKGROUND: On September 1 9, 1989, the Riverside County Board of Supervisors entered into subdivision agreements with: Mesa Homes (Now KI/FKLA Rancho Realty, LLC) 27555 Ynez Road, Suite 200 Temecula, CA 92591 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted posted by Lumbermens Mutual Casualty Company in the following amounts: 1 . Bond No. 3S 687 501 00 in the amount of $581,000 to cover street improvements 2.Bond No. 3S 687 502 00 in the amount of $137,000 to cover water improvements. 3.Bond No. 3S 687 503 00 in the amount of $101,000 to cover sewer improvements. 4..Bond No. 3S 687 504 00 In the amount of $23,000 to cover subdivision monumentation. R:kAGDRYr\96\ 1 21 O\TR216755.ACC 4.Bond No's. 3S 687 501 00, 3S 687 502 00, and 3S 687 503 00 in the amounts of $290,000, $68,500, and $ 50,500, respectively, to cover materials and labor. On December 17, 1991, the City Council authorized reduction in faithful performance bond amounts consistent with the work completed and providing ten-percent (10%) warranty provisions. The faithful performance bond amounts were reduced as follows: Streets: $430,000 Water: $109,000 Sewer: $ 80,800 The faithful performance bond amounts retained were as follows: Streets: $151,000 Water: $ 27,400 Sewer: $ 20,200 The work has now been completed and Eastern Municipal and Rancho California Water Districts have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance security amounts to the ten-percent warranty level, and initiation of the one-year warranty period. Therefore it is appropriate to reduce the Faithful Performance securities to the following warranty amounts: Street: $58,100 Water: $13,700 Sewer: $10,100 Total = $81,900 The Developer has submitted substitute bonds for faithful performance warranty security and labor and materials. The bonds have been posted by the Aetna Casualty & Surety Co. as follows: Faithful Performance Warranty Bond No. 100869980-96-069 $ 81,900 Labor and Materials Bond No. 100869980-96-068 $409,500 The subdivision monumentation requirements have been met, and Staff therefore recommends release of the following security: Subdivision Monumentation Bond No. 3S 687 504 00 in the amount of $23,000 The affected streets are being accepted into the City Maintained-Street System by City Council Resolution No. 96- at this time. The streets within the subdivision to be accepted are Corte Padrera, and portions of Paseo Goleta, and Rancho Vista Road. FISCAL IMPACT: None Attachments: Location Map Substitute Securities (On file) R:\AGDRPT\96\ 1 2 1 O\TR216755.ACC viCINITY MAP @AOO Tract No. 21 Location ap NOTE: MAPS NOT TO SCALE EI\4 9 APPROVAL CITY ATTOF FINANCE DII CITY MANA, CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 21675-5). (Westerly of the intersection of Rancho Vista Road at Meadows Parkway) PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 96-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM, (WITHIN TRACT NO. 21675-5) BACKGROUND: The Riverside County Board of Supervisors approved Tract No. 21675-5 on September 19, 1989, and entered into Subdivision Agreements for construction of street, water and sewer improvements with Mesa Homes (Now KI/FKLA Rancho Realty, LLC). The City Council accepted the public improvements for this tract on December 10, 1996. The public streets now being accepted by this action are Corte Padrera, and portions of Paseo Goleta and Rancho Vista Road. FISCAL IMPACTO Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachmentw Resolution No. 96- with Exhibits "A-B", inclusive. R:\AGDRYr\96\1210\TR216755.MST RIESOLUTION NO. 96- A RESOLUTTON OF THE CITY COUNC]IL OF THE CITY OF CULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINT STREET SYSTEM (W]RMIN TRACT NO. 21675-5) THE CITY COUNCIIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: AS, The Riverside County Board of Supervisors accepted offer of dedication of certain lots for public road and public utility purposes made by Mesa Homes (Now KI/FY.LA Rancho Realty, LLC), with the recordation of Tract Map No. 21675-5; and, WHEREAS, The City of Temecula accepted the improvements within Tract No 21675-5 on December 10, 1996. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOP=, by the City Council of the City of Temecula at a regular meeting held on the 10th day of December, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk R:\AGDRYr\96\1210\TR216755.MST [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meefing thereof held on the 10th day of December, 1996, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: R:\AGDRPT\96\1210\TR216755.MST EXHIBIT "A" TO RESOLUTION NO. 96- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 21675-5, and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lots "A" through "C" inclusive, as shown on Tract Map No. 21675-5, riled 20 September 1989, in Book 207 of Maps, Pgs 55-62 Incl., further described as follows: Lot "A" Portion of Rancho Vista Road Lot "B" Portion of Paseo Goleta Lot "C" Corte Padrera R:\AGDRP'r\96\1210\TR216755.MST EXHIBIT "B" TO RESOLUTION NO. 96- SUBJECT ACCEPTANCE -PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: VICINITY MAP LEGE-ND OR PORTIONS OF TO BE ACCEP= INTO C=- MAINTAINED STREET SY=M NOTE:MAPS NOT TO SCALE ITE I 0 APPROVAL CITY ATTORNEY FINANCE OFFICRR CITY MANAGER,@,@ CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Release Grading Bonds in Tracts No. 24131 and 24136 (Southwesterly of intersection of Meadows Parkway at Pauba Road) PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of Grading Bonds in Tracts No. 24131 and 24136, and DIRECT the City Clerk to so notify the Developer and Surety. BACKGROUND: The Riverside County Building Director entered into Agreements for Grading Project for rough grading of Tract No. 24136 on or about March 9, 1990, and for rough grading of Tract 24131 on or about March 12, 1990, with: Bedford Development Company Bonds for these projects were posted by Lumbermens Mutual Casualty Company as follows: Bond No. 3S 741 390 00 in the amount of $786,500, to cover rough grading in Tract No.24136. Bond No. 3S 741 384 00 in the amount of $ 1,000,000, to cover rough grading in Tracts No. 24131-1, 2, and 3. Riverside County Department of Building and Safety transferred the inspection responsibilities to the City of Temecula in 1 990, and transmitted the several grading bonds for these projects to the City at the request of the developer in order to complete the processing of release of the subject bonds. Staff has completed inspection and final review of the rough grading and recommends that the City Council authorize the release of the bonds noted above. FISCAL IMPACT: None Attachmentsn Location Map Grading Bonds (on File) R:\AGDRPT\96\1210\TR241316.GRD PROJECT SITES VICINITY MAP FUGHWAY 79 Tracts N!u. 2413 Locati NQTE:MAPS NOT TO SCALE ITEI\4 11 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: CL Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 24134-1). (Southeasterly of intersection of Margarita Road at Pauba Road) PREPARED BY:Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 967- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM, (WITHIN TRACT NO. 24134-1) BACKGROUND: The City Council approved Tract No. 24134-1 on April 9, 1991, and entered into Subdivision Improvement Agreements for construction of street and drainage, and water and sewer improvements with Bedford Development Company (Now KIIFKLA Rancho Realty, LLC). The City Council accepted the public improvements for this tract on December 10, 1996, and initiated the faithful performance warranty period. The public streets now being accepted by this action are as follows: Cala Rosso, Via Campanario, Corte Siero, Corte Cabello, Corte Abanilla, and portions of Via Rami, Amarita Way, and Pauba Road., FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachmentsa Resolution No. 96- with Exhibits "A-B", inclusive. R:\AGDRPT\96\1210\TR241341.MST RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY STREET SYSTFAL (W]RMIN TRACTS NO. 24134-1) THE CrrY COUNCIIL OF THE CrrY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City of Temecula accepted offer of dedication of certain lots for public road and public utility purposes made by Bedford Development Company, a California Corporation (Now KI/FKLA Rancho Realty, LLC), with the recordation of Tract Map No. 24134-1;and, S, The City of Temecula accepted the improvements within Tract No 24134-1 on December 10, 1996. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th day of December, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk R:\AGDRYr\96\1210\TR241341.MST [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of December, 1996, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: R:\AGDRPT\96\ 12 1 O\TR24134 L.MST EXHIBIT "A" TO RESOLUTION NO. 96- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 24134-1, and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lots "A" through "G" inclusive, as shown on Tract Map No. 24134-1, riled 18 April 1991, in Book 230 of Maps, Pgs 84-92 Incl., further described as follows: Lot "A"Portion of Pauba Road Lot "B"Portion of Via Rami Lot liciiPortion of Amarita Way Lot "D"Cala Rosso and Via Campanario Lot "E"Corte Siero Lot "F"Corte Cabello Lot "G"Corte Abanilla R:\AGDRVr\96\121ONTR241341.MST EXHILBIT "B" TO RESOLUTION NO. 96- SUBJECT ACCEPTANCE -PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: PROJECT ICINITY MAP NOTE: MAPS NOT TO SCALE LEGE-@ND OR pOR'nONS OF @FM -rO BF- ACCEP= INTO C=- @TAINPD STREET SYSTF-M I ITEld 12 1 APPROVAL CITY ATTOF FINANCE DII CITY MANA CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:Lt- Joseph Kicak, Director of Public Works/City Engineer DATE: December 10, 1996 SUBJECT:Accept Public Improvements in Tract No. 24134-1. (Southeasterly of intersection of Pauba Road at Margarita Road) PREPARED BY: @# Ronald J. Parks, Principal Engineer - Land Development 49Albert Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the Public Improvements in Tract No 24134-1, AUTHORIZE the initiation of the one-year warranty period, reduction of the Faithful Performance Street and drainage, and Water and Sewer security amounts and release the Traffic Signalization Mitigation security, ACCEPT substitute securities for Faithful Performance Warranty and Labor and Materials, and DIRECT the City Clerk to so advise the Developer and Sureties. BACKGROUND: On April 9, the City Council approved Tract Map No. 24134-1, and entered into subdivision agreements with: Bedford Development Company, a California Corporation (Now KI/FKLA Rancho Realty, LLC) for the improvement of streets and drainage, installation of sewer and water systems, subdivision monumentation and traffic signalization mitigation fees. Accompanying the subdivision agreements were Instruments of Credit posted by Butterfield Financial Corporation in the following amounts: 1.$901,500 ($623,000, $146,500, and $132,000, respectively) to cover faithful performance for streets and drainage, and water and sewer improvements. 2.$451,000 ($311,500, $73,500, and $66,000, respectively) to cover labor and materials for streets and drainage, and water and sewer improvements. 3.$27,500 to cover subdivision monumentation. 4.$12,750 to cover traffic signalization mitigation fees. R:\AGDRPT\96\1210\TR241341.ACC On June 1 1, 1 991, the City Council accepted substitute Instruments of Credit for the Faithful Performance and Labor and Materials securities. Subsequent to the recordation of Tract No. 24131-1, it was discovered that the developers engineer had overestimated the construction costs for street and storm drain improvements by $112,500. The resulting revised security amounts were as follows: 1. $789,000 ($510,500, $146,500, and $132,000, respectively) to cover faithful performance for revised street and drainage costs, and original water and sewer costs. 2. $395,000 ($255,500, $73,500, and $66,000, respectively) to cover labor and material for revised street and drainage costs, and original water and sewer costs. Staff has inspected and verified the public improvements. Eastern Municipal and Rancho California Water Districts have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance security amounts to the ten-percent warranty level, and initiation of the one-year warranty period. Therefore it is appropriate to reduce the Faithful Performance security amount as follows: Streets, water and sewer improvements $710,100 The Faithful Performance warranty security amount will be maintained in the following amount: Streets, water, and sewer improvements $ 78,900 The developer has submitted substitute securities bonds in the appropriate amounts, with the Aetna Casualty and Surety Company as surety, as follows: Bond No. 100869980-96-041 in the amount of $78,900 for faithful performance warranty. Bond No. 100869980-96-041 in the amount of $395,000 for labor and materials. The subdivision monumentation documents are being reviewed and Staff will recommend the release of the monumentation security when all conditions are met. The developer has paid all traffic signalization mitigation fees, and Staff recommends release of the following security: Instrument of Credit for Subdivision in the amount of $27,500. The affected streets are being accepted into the City Maintained-Street System by City Council Resolution No. 96- at this time. The streets within the subdivision to be accepted are Cala Rosso, Via Campanario, Corte Siero, Corte Cabello, Corte Abanilla, and portions of Amarita Way, Via Rami, and Pauba Road. FISCAL IMPACT: None ATTACHMENTS: Location Map Substitute Securities (On file) R:NAGDRPT%96\1210\TR241341.ACC JECT VICINITY MAP Project Site Tract No. 24134--l Location MaiD- NOTE: MAPS NOT TO SCALE ITEI\4 13 APPROV CITY ATTORNEY DIRECTOR OF FINANEE ITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Shawn D. Nelson, Director of Community Services DATE:December 10, 1 996 SUBJECT:Park Improvement Agreement/Crowne Hill - Tract 23143 PREPARED BY: ti@eryl Yasinosky, Development Services Analyst RECOMMENDATION:That the City Council: 1Approve the First Amendment of the Parks Improvement Agreement with Taylor Woodrow - Crowne Hill/Tract 23143. 2.Direct the City Clerk to record the Agreement. DISCUSSION:Located on the southeastly corner of Butterfield Stage Road and Pauba Road, Tract No. 23143 (Crowne Hill) has been approved for a 459 acre subdivision consisting of 1,123 residential units. Although Tract No. 23143-1 recorded several years ago, the property is currently vacant and unimproved. Pursuant to the original conditions of approval and letter agreements for Tract No. 23143, Taylor Woodrow was required to dedicate two (2) neighborhood parks to the City, as follows: 1 .Park Site "A", a 6 acre park at the northeasterly corner of the project, prior to the issuance of the 250th building permit. 2.Park Site "F", a 4.2 acre park at the southeasterly corner of the project, prior to the issuance of the 950th building permit. On October 14, 1 996, Taylor Woodrow received Planning Director approval of a rephasing map for Tracts No. 23143-2 through -5, which indicates that the future subdivision improvements are anticipated to commence within the southerly portion of the project, adjacent to Park Site "F". In order to increase flexibility with the phasing plan, and provide park benefits to the then current residents within the subdivision, staff finds it necessary to defer the decision regarding which of the two park sites will be developed first. As a result,Taylor Woodrow has entered into an amended agreement with the City for development of the public park sites in accordance with the following requirements: 1Prior to the 1 50th building permit, determine if Park Site "A" or Park Site "F" will be the initial park to be developed. r: \yasinobk\ci-nhilpk.agr 121096 2.Obtain all necessary approvals relating to the design of the initial park. 1 3.Post the appropriate bonds and record a final map for the agreed upon park site. 4.Prior to the issuance of the 250th building permit, dedicate a fully improved park to the City. The amended agreement also serves to approve and ratify previous letter agreements with Taylor Woodrow pertaining to the aforementioned park sites and the designation and maintenance of open space areas and slopes. The terms of the agreement are deemed to be covenants running with the land for the benefit of the City and shall be binding with Taylor Woodrow and theirsuccessors in interest. A copy of the agreement is provided for your review. FISCAL IMPACT:None. The purpose of the agreement is to ensure that a park facility is provided in a timely manner for the initial residents within the development. ATTACHMENTS:Amended Park Agreement. Y: \yam inobk\cmhilpk. agr 121096 RECORDED AT THE REQUEST OF AND'W-HEN RECORDED R-ETUR-,N TO: Cit-v of Temecula 23174 Business Park Drive P.O. Box 90'@3 Temecula, CA 92-@89-90')3 E@NPT FROM RECORDER'S FEES Pursuant to Government Code Sections 61 O' ) and 27' ) 8' ) FIRST A-LNMiNDMMiNT OF P@ @ROVEMTNT AGREE,NfEiNT BY AND BETWEEN CrrY OF TE@CULA AIND TAYLOR WOODROW FOR THE CROWNE @L PROJECT - TENTATIVE TRACT 23143 This First Amendment of Parks Improvement A-reement is made and entered into as O' 1996 by and between the City of Temecula (the 44ci@)) and Tavlo@'dr$ow H@ California, Ltd., a California Corporation ("Taylor Woodrow"). In consideration of the mutual covenants and promises made herein, the parties hereto age-- as follows: I . This First Amendment is made with respect to the following facts which each party acknowledges as true and correct: 0 A. Taylor Woodrow is developina a residential project known as Tentative Tract 1-3143, which is le-aily described on Exhibit A, attached hereto and 'incorporated herein bv this reference. The approved Conditions of Approval for this tract map provide that, amono, other things, Park Site "A" shall be fullv developed and offered for dedication to the Citv of Temecula prior to issuance of the 2.@Otli buildin2 permit. and that Park Site "F" shall be fully developed and offered to dedication to the Cltv of Temecula prior to issuance of the 950th building permit. B. A letter -,i@reement dated June 2'), 199'-? by and between the Citv and ]",ivlor @'oodi-o@,,- provides,,,Iiiioti- other tlilii,-,s. foi- the dtsl,,,ii-,ited p@i7ks to be developed in accordance N%-itti Temecula Commu.In'tv Services District in effect at the time of the execution of a letter a2reement pertaining to development of the park sites and provides for the designation and maintenance of open space areas and slopes. A true correct ard complete copy of the June 2'), 1992 letter agreement is attached as Eyh'bit B and incorporated herein as though set forth in full. C. A letter agreement dated September 1992 by and between the Citv and Taylor Woodrow @er requires, arnonc, other things, that Park Site "A" shall be developed to Temecula Community Services District standards prior to the 250th buildinc, permit, Park Site "F" shall be developed to Temecula Community Services District standards prior to the 950th building permit, and Taylor Woodrow Homes shall post bonds and obtain improvement plan approval for the park sites prior to issuance of the I st building permit. A true correct and complete copy of the September 22, 1992 letter @eement is attached as Exhibit C and incorporated herein as though set forth in full. D.In order to increase flexibility for the phased development of Tract 2' ) 14-'), both the City and Taylor Woodrow Homes desire to defer the decision regardin-whether Park Site "A" or Park Site "F" will be the initial park site to be improved for @s project. E. For the convenience of the parties, the June 23, 1992 letter agreement and the September 22, 1992 letter agreement shall be collectively designated as the "Parks Improvement Ageement." The City Council of the City of Temecula hereby approves and ratifies the June 2' ), 1992 letter agreement and the September 22, 1992 letter agreement as of the dates thereof. 2.Priortotheissuanceofanygradincpen-nitforTract2314'@,oranyphase thereof, TaylorWoodrow, or its successors in interest. shall desi2n, submit, and obtain approval of theDirector of Plannin,, for a mitigation monitoring plan that shall, amon2 other thincs, require Tav[or Woodrow to mom'tor the cumulative number of buildinc, permits issued for the project. 3. Prior to the one hundredth fiftieth buildinj permit, Taylor Woodrow. or 'its successors ffi interest, shall: A. Jointly Determine -,@,ith the Cltv ConniLin't@ Sc.@-ices T)ep,--rtiiieiit which of the park sites will be de%-eloped first based upon the relative bepefits to then current residents of Tract 2-', 1 B. Submit to the City Plannin- Department for consideration and approval a phasinc, plan for Tract 23143 that will designate either Park Site '@A@' or Park Site "F" as the initial park site to be developed in Tract 2') 143 as acyreed upon,with the Commu@tv Services Deparunent; C. Des'cn the landscaping, par@c, and amenities for the initial park site, obtain all necessary approvals for the design of such park site, obtain a performance bond and labor and material bond in the amount of fifty percent of the estimated cost of construction of the park in favor of the City, and record a @ map for the agreed upon initial park site. 4. Prior the to the two hundred fiftieth 250th buildin- permit, Tavlor Woodrow Homes, or its successors in interest, shall construct, improve, and offer the initial park site for dedication to the Temecula Community Services District in accordance with the plans approved by the City. 5. Taylor Woodrow agrees, on behalf of itself and its successors in interest, that the City shall not be required to (1) issue any buildino, permits in excess of 150 until such time as the requirements of Paragraph have been fully complied with as determined by the City Manacer and (2) issue any building permits in excess of 250 until such time as the requirements of Paragraph 4 have been fully complied with as determined by the City Manager. 6. The covenants which have been established pursuant to this Agreement (the "Covenants") shall be deemed to be covenants runninc, with the land for the benefit of the City 'in carrvinc, out its statutory responsibilities under Califo@a Subdivision Map Act and the laws pertaining to plannina and zonina and to carry out the specific conditions of approvalofTract2')14'). TheCovenantsshallbebindinaforthebenefitoftlieCityandits successors and assi--ns, and such Covenants shall run in favor of the Cltv for the entire period dun'n2 which such covenants shall be in force and effect, without retiard to whether the City is or remains an owner of anv land or interest therein to which such Covenants relate. The City is deemed the beneficiary of the terms -and provisions of this Aareement and of the Covenants runnmcr with the land, for and 'in its own rights and for the purposes of protecting the interests of the conuuuiu'ty and for those whose benefit this A,,reement and the covenants riinniii!z with the and have been pi-o,.,Ided. 7. All of the terms, covenants and conditions of this Acreement shall be bindinc, upon Tavior Woodrow and its successors and assiqns. Tavlor Woodrow shall notifv, in writin(y. any prospective purchaser of the Tract '-)'j 143, or any part thereof, of the existence of @ A-reement and shall provide them with a copy of this Aareement. Taylor Woodrow shall remain liable for the development of the Park in accordance with this Ac,reement unless and until an assignment and assumption aoteement, approved by the Citv Manac,er, is duly approved and entered into between Tavlor Woodrow and anv prospective purchaser describing the transfer of the obticrations of this Agreement. Whenever the term "Taylor Woodrov;" is used in this Agreement, such term shah include any other lawfully permitted successors and assigns as herein provided. IN WITINESS @REOF, the parties have caused this First Amendment to Park Improvement Agreement be executed by their duly authorized representatives as of the date first written above. CITY OF TEMECULA Karel Lindemans Mayor ATTEST: June S. Greek City Clerk APPROVED AS TO FORNI-. Peter M. Thorson City Attorney r TAYLOLZ WOODROW H I lifomia, Ltd., a Califo Lia Corporation BY: President A By. ,4"t6,@ Secre@ G Pl.@\ M E STATE OF CALIFORNIA Iss. COUNTY OF yi 0 q, I c(c) before me, At ichele- L-e&r ii 5 P( peared@@(---@a&j @p@ personally known to me Mh"asis-of-satisfactory-evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that @e/they executed the same in @er/their authorized capacity(ies), and that by r/their signatures on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature A 19" (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company ALL-PURPOSE ACKiNO'vVLEDG@NIENT State of California Count,v of (D-r@ n On 4vc-@c4,,4 1996, before me, (/VI d(s personally appeared@-/A i heeto @u@(ZO personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)i@ubscribed to the within instrument and acknowledged to me that he/ executed the same in hi authorized capacity(ies), and that by hi signature(@on the instrument the person(,s), or the entity upon behalf of which the person@acted, executed the instrument. Witness my hand and official seal. R. C*M 0 c OF NO @JM4.1 CAPACITY C BY SIGNER INDFVIDUAL(S) OFFICER(S) (-E i PAR@I -ER(S) ATTO@NEY-f.N-FACT TRUSTEE(S) SUBSC@BriNG WITINESS GUAPD@N/CONSERVATOR CHAIRPERSON@YOR OTHER SIGNER IS REPRESEN'FI-LNG: k@ [\,(-,.@l'!IDil,'T,%Y%@'OOD ['I.-\ 6 E@XMBIT A LEGAL-DESCRIPTIOTN OF THE PROPERTY THE LAIND REFERRED TO IS SITUATED riN THE UNINCORPORATED AREA OF THE COUNTY OF PDVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCELS 1 THROUGH 6, INCLUSIVE, TOGETHER WITH LE=RED LOTS A THROUGH G, INCLUSIVE. AS SHOWN BY PARCEL MAP 22429, ON FILE IN BOOK 147 PAGES 14 THROUGH 19, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXHIBIT B City c-l' Temec:'J;la @la,-,r.ina Decar-L,-,n e ,I I BLsiness Far k Drive Te.,necL,,Ia, C A7,,en-zior,:Saled Naasei-,, Case Planner SUBJR-CT:REVISED V=-S-ilNG T-=N-IA-iIVE l@Ct- MAP NO. 7-1143 AMENE)ED NO. 4 I ne Temecula Community Services Deparanent condiTiori-S as set forth in the County of Riverside, C'rty of Temecula Conditions of Approval and recor,-imends that The City Council APPROVE Revised Ve@ng Ten@.=Zive Tracz No. 23143, Amended No. 4, subject m the Deveioper of 'bis assignee conforming To The TCSD O-uirnby Ordinance Number 4eC.-c3 as follows: Ordinance No. 460.33 (Cluimby) requires the dedication of 13-30 acres of developed, active recreation area. 7ne proposed private park land represents 14.0 acres, of which 7.0 acres will be applied as a credit towards the dedication requirement, leaving a 6.3 balancp of required park land to be dedicated- With respect to the appficznt designating park land in excess of the auimby requirement, s4-aff has made allowances for the improvemen-c of said park sites to be deferred to the la-ter @, gF-,; of deveiapmen-c for this project. 7ne 6 acre park currently identified as 'Fark Site A' shall be identified on The tinal map by lot nurnder, 'Indexed to identify said lot number as the proocsed public park, and sL'Iali be fuliv developed to TCSD s-,andards and o,,ered 'tor G . edic@-ricn prior -Lo -,,;ie ;ss-Ljz!nce of -..he 25@h build'Lr-.g perriiit. as 'Park @-ITe 7" shall be lderi-ci-r-ied on T,'ie lcer-,-Li,-y Sal--4 lo-, -,urnber as -Ln e c) r --.c c s e,-', public .:3ar@, ;:,id scroll be I:uiiy deveiope@- tc 7C@-,D and ot@.erer.' dedic=- -L 'Icn prior To ihe issuance of ihe 950,-n builiting per@-.ii-L . 3.Prior to thp recor-ul=_zion ozi The Final Map, -Lhe appiic3n-L or his assignee shall execuz= a ci aor@-3men- v,/iz.-) -.rie Teme--t-ilp, Co@,@.,-,n!Ty Service@ Deps.-Lm, ent (TCSD) Tc ir-r@--rcve -L@'-ie propos-2a . pt-,bilc par@,s in accorda,-I--- v,'Iz.-- T,--SD s-,znd2r@-s =--, !'nine C. @-X ior., zi--,, mark cur:)csz-s. -%Z:; I A @ CA 43i,-4 T-ne 4.2 ac.-e par@ gir-,al r7.2:D by Ic-7 num, :)er, indexe@- -rc (I-C:So) has reviewed The e ::7 C C - C. PS @=rk C' ('C)Z are corsider=d 7,P-,-K C P-'-l Z'71 e C 2 S be -rjv=--Le cary-sand s@Iall be mair,-,aineo . by an Hor.-,e C-Wners ssoc';2-Licn (HC II additional coens;3ace areas sA'-Iali be -,.ain-Lain@. by an es-,abiished @c,,-,e Owners Assoc.-a-Lic)n (;-iC Open soace a,-==s idenzfied as L-@-z@ 'i 088 =r,(t ICS3 -,,ay be cl@tere,-4 i@or dedi@-,cjon to ziie C,@ ol- Tem, ecl:iz for -,,ain-canarce purc)cses only I;cllowtrc cor,-iciiance'lo ex.,@,ing TCI-ZD standards and comolez'lori c-1; an- appiicz-Lion orocess. 6.Exzerior slopes (as detained as: Tnose slopes contiguous to public streets that have a width of 66' or area-Eer), shall be offered for ded@on to the City of Temecula for maintenance purposes following compliance -to TC:SD standards and completion of the -ppii@-don process. All other slopes shall be Maintained by an es-,ab@hed Hor,-ie Owners Assoc@ztion (HOA). 7.@,.erior slopes, which border a proposed Community Park, s'nall be identified by a lot number separate from the park site. 7nis lot shall terminate with the lot line of said park site. Slope areas that are contiguous -to this lot shall be identified by a separate lot number. 8.All. proposed slopes. oden space, park land and recreational -a-ails intended -lor dedication to the C'rLy OT'-i emecula for mairttenance purposes shall be identified on-Lhe Final Map by numbered lots, with the square footage OT Said lot numbers indexed as proposed TCSD Maintenance areas. pl@.nt shall no@ TCSI) Prior -to the executon of the Letter of Acreemerrc, Ap s-,aff of any chances in lot numbers, acreage, nur,-iber of dwellings proposed, or any other chanaes that will ei"leci the current conditions in any way. All questions recardina the meaning of the conditions shall be referred to thp T-2mec:uia Comrnuni-,y Services Depar-Lmer,,- s-,a,@L tnc 9 -ii Serv'ces EY EXHIBIT C =oiey Ad IZL a T=yic)r Woodrow Homes CP-ii--Omia L-ID- 3sg 1 Macar-,hur Boulevard Newpor-, Beach, Cali-l:or,-iia 92660 R L=:AGR=-MEIN-i TO CONDMONS FOR t@AC-iS 23143 AS SE i-Lc: OR L7,@ BF:l OW: Dear Mr. r,-Oley- CSD) Sta have reviewed inetemecula Cori iiuniLyServices Deodi a i ienl -lie TCSD con(ii-ions -or approval an'd -econ, m, end --na-L @e CiL Council u AP@RC)V-c T,-ac-L N o-. 2314-3 subjec-c -La -@-ie Subdivide,- or his assignee en-rarina in-co an agreemer-r, @ TCSO -:a contorm -Lo The -,Olio@na: J_ Par!<Si-Le'A'whichco@@@ol-'aS.OacraDarkiocz-Ledwi-Lhin Tr-ac-LNo. r% 23113 sl"I;Bll be develooed -Lo TCSD @@ndards and -Li-ie ar,-,,ched conceo-Lu2f Mee- L all A i@ A C- PN L L design and merican @ Dis;-b (ADA) requirements, p, -zo -L,ie issuance of--Lhe 250th building perr-,iit. 2..@ark Si-Le 'I@' v\,hich cons7s-Ls ol- a 41.?- acre car.< loc=--,-ed wiz,iin Trac,- No. 3't 13 si@tall be develooe,@4 zo Tr--SD s-L;-zndar-is -nd zhm- concez)-Luai I D A d-s:cn and m, am--7 ;-211 @-equir2m. an-Ls, crior e o,- -L. Spec;-,ICZ-Liors -or 54"iall consis-, oi- -Lilicse z:v;aii;zbie -L,@rcuoh i;-ie -following vendor-: '00 A on ivi and 3 ccncass. =nd a! SCU;=,-e Te@-71 0 0 usc:o I iic:-@119plar, St lall SC)ec::,-v t-le L!@-e at m -I IL; Lai:) LiChL@l,@ c a n iy) S.To -date, all known ir-,-Lerior slope ar,=-as are hereby condi-dcned -Lo be 0 A). @Lerior riiain-cained by an e@.bils.'led Iiome Owners Associazion (H @ slopes iden 'fied as those slooes bordering a 6E' or wider ar-Lar:@al @ee-L, Lo the TCSD ,tr @,@ Lenanc- Following CO(7,oFiance -Lo @e shall be dedicated - in- - i TCSD @L ndards an comole-don O,-' -,he ac)ori@'don process- (WrL,-i the e@ceo-don ol@ the slool-=s e'@er side o-i Royal Cr@L Place which are to be HO@- main,@ned). A ed @Lh -Lhe improvement 07 7., park Site Plans and Documents assoc-,a-L - shall be submitted to the TCSD -@or review orior to -Lhe start Lhe park @Les , o-z any park Si- improvements shall comply w@ 7i-CSD La irnprovemen-cs. All ndards. S.Upon comple-ion and j@nal @cep-Lance of -uule ajoremen-doned par< si-Lest come @e @por-si-bFii-Ly ol-- -Lhe TCSD. ,he mainter-@ance will be 9.Subdivider shall, prior to issuance at the t@rs-L (i s-t) Building Per,-ni-L, Po@L 1 00 0/0 0-1: -,he COST of park site ;z Fpi-Lh,@l Pa@io@,,ance Bond in the amoun-LOT imoroverneri-Ls, and a I qbor and Materials Bond in the arnount of 500/a and ob-rzinPoc)roval o,--Lhe'Final lmprovemeri- Plans -@or -Lhe per'< sii-es. Su bd",vider- sarees -Lo -Lhe ;:-Lorer-,ienL@loned conditions as sicni-,-ied below. [)Oi @iz c -iavv- ITEI\4 14 AP CITY ATTORNE) FINANCE DIREC' CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, Director of Community Services DATE: December 10, 1996 SUBJECT: Agreement for Joint Use of Temecula Elementary School PREPARED BY: Herman D. Parker, Deputy Director of Community Services RECOMMENDATION: That the City Council: Approve the agreement between the City of Temecula and the Temecula Valley Unified School District (TVUSD) for joint use of a portion of Temecula Elementary School as part of Margarita Community Park. DISCUSSION: As part of the Master Plan for Margarita Community Park, a 5.5 acre portion of Temecula Elementary School is proposed to be renovated and developed as part of the park site, to enhance public recreational opportunities for the community. The site would be used for public recreation on days and during hours when school is not in session. The Margarita Community Park Master Plan was approved by City Council on October 17, 1995 and approved by the Temecula Valley Unified School District, Board of Education on February 6, 1996. This proposed agreement between the City of Temecula and the Temecula Valley Unified School District (TVUSD) is nearly identical to the Joint Use Agreement approved for Temecula Middle School. The Joint Use Agreement is for a term of twenty (20) years and will grant the city authorization to construct and install several improvements on the TVUSD's property at Temecula Elementary School. The improvements as specified in the Master Plan, will include the renovation of the existing ballfields to accommodate competitive softball and baseball league play and the installation of parking improvements adjacent to Margarita Road. The agreement will also enable the City to renovate the existing swimming pool as necessary, to accommodate public aquatic programs. The agreement requires the TVUSD to maintain and mow all turf areas, maintain all irrigation equipment, controllers and sprinklers. The TVUSD will maintain all parking lot areas adjacent to the athletic fields on Margarita Road. In addition, the TVUSD will renovate the athletic turf areas on an annual basis. In return for the maintenance and renovation of the athletic fields, the City will pay to TVUSD the sum of $6,500 annually. R:\parkerhd\tesagrm.cc 1213/96 The City will provide all maintenance to infields, dugouts and backstops. Ali field prep, brick dust and mound mix will be provided by the City. The City will also maintain the swimming pool and bath house, and pay all utility costs associated with the pool operation. This agreement has been approved by the Community Services Commission and the TVUSD Board of Education. FISCAL IMPACT: The City will pay to the TVUSD the sum of $6,500 annually for costs associated with annual renovation, maintenance and upkeep of the athletic fields. The city would also pay all utility costs associated with the swimming pool annually which are approximately $9,000. These funds will be included in the TCSD FY 1997-98 budget. ATTACHMENT:Agreement AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF A PORTION OF TEMECULA ELEMENTARY SCHOOL THIS AGREEMENT is made and entered into as of 1996 by and between the City of Temecula, a municipal corporation ("City"), and the Temecula Valley Unified School District. In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Recitals. This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a.Chapter 10 of Division 1 of the Education Code, commencing with Section 10900, authorizes public school districts and cities to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attaimnent of general recreational and educational objectives for children and adults of the State. In this regard, school districts and cities may enter into agreements with each other to aid and cooperate in carrying out these objectives. The governing body of any school district is authorized by these provisions to use the buildings, grounds, and equipment of the district, or any of them, to carry out the recreational and educational objectives, or may grant the use of any building, grounds, or equipment of the district to any other public authority for such purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Accordingly, the district is authorized to enter into the Agreement with the City; b.District is the owner of certain real property within the City of Temecula, known as Temecula Elementary School; wpdocs\board\margpar6\9-27-96 1 C.District and City desire to jointly develop and utilize a portion of Temecula Elementary School for park, recreational and education purposes benefiting the citizens of Temecula; and d.The portion of the Temecula Elementary School to be developed for these joint purposes is approximately five and a half (5.5) acres located on the Temecula Elementary School property adjacent to Margarita Community Park and is legally described and depicted on Exhibits A and B, attached hereto and incorporated herein by this reference (hereafter the "Property"). 2. Use of Property as Park. District hereby grants to City a license to use the Property as a public park in accordance with the terms and restrictions as set forth in this Agreement. 3.Term of Agreement. The term of this Agreement shall be for a period of twenty (20) years beginning , 1996 and shall terminate ? 2016; provided, however, that this Agreement may be amended at any time by mutual consent of both parties, on ninety (90) days notice hereafter upon either party giving written notice of its intention to so amend. 4. ADDortionment of Use of Properiy by City and District. The Property shall be used for school purposes as a part of the Temecula Elementary School by the District during the hours of 8:00 a.m. to 3:30 p.m., Monday through Friday except on School Holidays, and during such other hours as are required to carry out normal school purposes, including activities schedules pursuant to the district's calendar of events which shall be prepared prior to each year. At all other times, the Property shall be used for public park purposes by the City and subject to such park rules and regulations for the use of the park as the City may enact. 5. IMDrovement of the Property. The following improvements to the Property shall be constructed and installed by the City at its expense: a.The Property shall be developed and improved as specified in the Master Plan for Margarita Community Park, approved by the City Council of the City of Temecula on October 17, 1995, and approved by the Temecula Valley Unified School District, Board of Education on February 6, 1996, and on file in the office of the Director of Community Services of the City of Temecula; City shall comply with all applicable federal and state laws in connection with its construction and installation of the improvements, including the Field Act and the California Environmental Quality Act. wpdocs\board\margpar6\9-27-96 2 b.Parking improvements for 210 cars shall be constructed and installed north of the ball fields adjacent to Margarita Road and Margarita Community Park in accordance with parking lot standards specified in the Margarita Community Park Master Plan; C.The existing ball fields on the Property shall be renovated as necessary to accommodate competitive softball and baseball league play, coordination and approval determined by the Director of Community Services and the District; and d.The existing swimming pool and bath house shall be renovated as necessary to serve the community as -a public aquatics facility offering aquatics programs and services all year, in coordination with Director of Community Services and the District. e.Following the installation and acceptance of the improvements by the City, the improvements installed shall become part of the real property and shall be owned by the District. 6. School District Maintenance Responsibilities. During the term of this Agreement, the District shall, at its sole expense, unless otherwise provided herein, perform the following maintenance on the Property and the improvements which currently exist upon it or which are to be constructed upon the Property pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules as follows: a.Maintain and mow the athletic field turf on a weekly scheduled basis; b.Maintain all irrigation equipment, controllers and sprinkler heads, and repair and replace irrigation equipment or systems on athletic fields in a timely manner; C.Maintain the parking areas adjacent to the ball fields and swimming pool bath house which maintenance shall include, but not be limited to, regular maintenance, and slurry sealing and striping of the parking lot; d.Renovate the athletic ball fields on a yearly basis, to include turf repair, aeration, and fertilization; wpdocs\board\margpar6\9-27-96 3 7. City Maintenance Responsibilities. During the term of this agreement, the City shall, at its sole expense, perform the following maintenance on the Property and the improvements which currently exist upon it or which are to be constructed upon the Property pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules approved by the director of Community Services of the City and the District. a.Maintain the infield areas, dugouts and backstops of all ball fields; h.Provide brick dust and mound mix for infields as needed; C.Drag and water infields before City sponsored games as needed; d.Daily removal of trash and debris from ball fields areas when the City uses the Property; e.Pay to the District the sum of $6,500 on the first business day of August of each year of the term of this Agreement. This amount includes the annual field renovation costs. This sum may be increased annually by the increase of the consumer price index for all goods and services for the statistical area including the City of Temecula for the one year period preceding the anniversary date of this Agreement, which increase shall not exceed five (5 %) of the previous year's fee. " f.Provide all renovation, ongoing maintenance and upkeep of swimming pool, bath house, deck area, and perimeter fencing between or along school/park boundaries; 9.Pay all utility costs associated with the operation of the swimming pool. h.Will maintain and irrigate all landscaped areas with the exception of athletic fields. 8.Indemnification a.City agrees to hold harmless, defend, and indemnify District against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due wpdocs\board\margpar6\9-27-96 4 to the negligent acts or omissions of District, its agents, servants, or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of, or is incidental to, the use or maintenance of the Property by City or any other persons or parties (other than District) authorized to so use or maintain the Property by City pursuant to this Agreement. b.District agrees to hold harmless, defend, and indemnify City against all actions, claims, or demands for injury, death, loss, or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the negligent acts or omissions of City, its agents, servants, or employees), whenever such injury, death, loss, or damage is a consequence of, or arises out of, or incidental to, the use or maintenance of the Property by District or any other persons or parties (other than City) authorized to so use the Property by District pursuant to this Agreement. 9.Defaults and Remedies a.Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. b.The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. C.Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not wpdocs\board\margpar6\9-27-96 5 preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. d.Any failure or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. e.If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f.If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. 9.In the event litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either District or City is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. wpdocs\board\margpar6\9-27-96 6 11. Notices to Parties. Written notices, demands and communications among the District and City, shall be sufficiently given by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the District or City as follows: District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, California 92592 Attention:Superintendent City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. 12. ALyreement Binding on Heirs and Successors. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and lawful assigns of the parties hereto. 13. Assi2nment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party. 14. Sole and Only Ai!reement. This Agreement constitutes the sole and only agreement between District and City respecting the joint use of the Property for school and park purposes. Any agreements or representations, either oral or written, respecting the Property or any other matter discussed in this Agreement not expressly set forth in this Agreement are null and void. 15. Time of Essence. Time is expressly declared to be of the essence of this Agreement. 16. Authority to Execute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of wpdocs\board\margpar6\9-27-96 7 his/her/their governmental entity and warrants and represents that he/she/they have the authority to bind his/her/their entity to the performance of its obligations hereunder. 17. Insurance. Each party to this Agreement shall carry public liability insurance in a reasonable amount satisfactory to the other party to protect itself and the other party, its officers, agents, servants, and employees, against claims for damage to persons and/or property, including death, arising from that party's use of the Property as provided in this Agreement. The form of the insurance shall be satisfactory to the other party and may include self-insurance at levels acceptable to the other party. IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. CITY OF TEMECULATEMECULA VALLEY UNIFIED SCHOOL DISTRICT Karel S. Lindemans, Mayor President of School Board Attest: Attest: June S. Greek Secretary to the School Board City Clerk Approved as to Form: Approved as to Form: ,g - Peter M. Thorson Counsel to District City Attorney wpdocs\board\margpar6\9-27-96 8 MIBIT A PRELIMINARY DESCRIPTION THAT PORTION OF PARCEL I AS MAPPED BY PARCEL MAP RECORDED IN BOOK I OF PARCEL MAPS AT PAGE 9, RECORDED 19 DECEMBER, 1967, IN THE OFFICE OF THE COUNTY RECORDER, RIVERSIDE COUNTY, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS: BEG G AT THE SOUTHWESTERLY CORNER OF SAID PARCEL NO. 1; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL NORTH 0055'24" WEST 685.36 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE NORTHERLY PARCEL LINE, ALSO BEING THE SOUTHWESTERLY LINE OF MARGARITA ROAD (FORMERLY NORTH GENERAL KEARNY ROAD), SOUTH 81055'10" EAST 436.38 FEET (MORE OR LESS); THENCE LEAVING SAID NORTHERLY PARCEL LINE SOUTH 0055'24" EAST 212 FEET (MORE OR LESS); THENCE NORTH 89'04'36" WEST 96 FEET (MORE OR LESS); THENCE SOUTH 0055'24" EAST 405.07 FEET (MORE OR LESS) TO THE SOUTHERLY LINE OF SAID PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL SOUTH 89-04'36" WEST 335 FEET (MORE OR LESS) TO THE POINT OF BEG G. BEING AN AREA OF APPROXIMATELY 241,800 SQUARE FEET (5.5 ACRES). TIUS DESCRIPTION IS BASED ON MEASUREMENTS SCALED FROM IRRIGATION SYSTEM LAYOUT PROVIDED BY THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT TO THE TEMECULA COMMUNITY SERVICES DISTRICT. THEREFORE, IT IS GENERALIZED AND NOT PRECISE AS THE FENCING, POOL, AND ADJACENT STRUCTURE AND THEIR RELATIONSHIP TO PROPERTY LINES ARE NOT DIMENSIONED ON THE LAYOUT. CRISPA@EGALS\PARKPOOL EXHIBIT A (con't) ,Col 717.5 L.-1346. 35'4, "4 @44 9/7 14 137 40' 3, 764 06' @/-o 55 EXHIBIT B rn CZ LA rn In C3 cu E\7 lilt C) Ln 41 zm EEO nT ITEI\4 15 EDE CO TRANSPORTATION CO@SSION TELECOPY COVER SHEET DATE: TO- FAX FRO NO. OF PAGES (INCL. COVER): COMMENTS: ANY PROBLEMS WTH TRANSMISSION, PLF-ASR: CALL (909) 787-7141. FAXED BY: DATE & TIME: 3M u Avenue. suite ioo * . cai@a 92wi (WS) M-7141 # FRALX 10" M-"20 ORDINANCE NO. 96-22 AN ORDINANCE OF THE CITY COUNC]IL ADDING SECTIONS 3.28.245 AND 3.28.305 TO AND AMENDING SECTIONS 3.28.140, 3.28.150, 3.28.290 AND 3.32.050 OF THE TEMEECULA MUNICIEPAL CODE RELATING TO THE SOLICITATION OF PROPOSALS FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT AND THE AWARD THEREOF ON THE BASIS OF HIGHEST QUALITY AND COST EFFEC S, REVISING ADVERTISING REQUIREMENTS, AND ESTABLISHING THE CITY MANAGER'S AUTHORITY TO APPROVE PURCHASE, SERVICE AND CONSTRUCTION CONTRACTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.28.245 is hereby added to the Temecula Municipal Code to read as follows: "3.38.245 Requests for Proposals for the Purchase of Supplies and Equipment In recognition of the complex and technical nature of supplies and equipment the City requires and the wide variations in options and cost factors affecting the purchase of supplies and equipment, the City may, as an alternative to the formal bidding requirements of this Chapter, solicit proposals for the purchase of supplies and equipment and award the purchase to the proposal which best serves the needs of the City and provides the City with the highest quality and cost effectiveness based on the following factors (which are listed without any implication of priority): A.The extent to which the proposal meets the needs of the City for the equipment or supplies; B.The quality of the equipment or supplies proposed; C.The overall cost to the City of the proposal, including, but not limited to, pricing of the equipment or supplies, delivery schedule, terms of payment, warranties, maintenance requirements, and required site preparation; D.The experience and qualifications of vendor submitting a proposal to successfully meet the requirements for the equipment or supplies; E.Previous performance of the vendor submitting a proposal in providing similar equipment or supplies; Ords\96-22 F.Financial ability of the vendor submitting the proposal to provide the equipment or supplies to the City; G.Vendor's conformity to the specifications for the equipment or supplies set forth in the request for proposal; and H. Such similar factors as may be specifically included in the request for proposal. Section 2. Section 3.28.140 of the Temecula Municipal Code is hereby amended to read as follows: '3.28.140. Notice Inviting Formal Bids or Requests for Proposals "Notices inviting formal bids or requests for proposals for the purchase of supplies or equipment shall include a general description of the supplies or equipment to be purchased, shall state where the bid documents and specifications or requests for proposals may be obtained, and the time and place for the opening of the bids or proposals." Section 3. Section 3.29.150 of the Temecula Municipal Code is hereby amended to read as follows: '3.28.150. Published Notice for Formal Bids or Requests for Proposals "Notices inviting formal bids or requests for proposals shall be published one time at least ten days prior to the date of opening of the bids or proposals in a newspaper of general circulation within the City. The City Manager may waive the publication requirements of this Section if he or she finds that requirements for publication would not likely increase the number or quality of bidders or proposers beyond those on the approved vendor list." Section 4. Section 3.28.290 of the Temecula Municipal Code is hereby amended to read as follows: '3.28.290 Exception to competitive bidding requirement. "Notwithstanding any provision of this chapter to the contrary, the formal bidding procedures and requirements shall not be required in any of the following instances: A.When the estimated amount involved is less than two thousand five hundred dollars ($2,500); B.When the equipment or supplies can be obtained from only one vendor; C.The City Manager may authorize the purchase of materials, supplies, Ords\96-22 2 equipment and services where and emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedures were followed, provided that all emergency purchases which would otherwise require formal bidding procedures made pursuant to this section shall be submitted to the City Council for ratification at the next regular council meeting after the purchase is authorized; D.Contracts for personal, professional and consultant, and maintenance services; E.Any agreement involving acquisition of supplies, equipment or services entered into with another governmental entity." Section 5. Section 3.28.305 is hereby added to the Temecula Municipal Code to read as follows: 'Section 3.28.305 Authority of City Manager to Enter Into Contracts "The City Manager is authorized to enter into contracts for the purchase of supplies or equipment or contracts for personal, professional, consultant, and maintenance services where the amount of such contract does not exceed ten thousand dollars, or such other amount as the Council may designate by resolution; provided, there exists an unencumbered appropriation in the fund account against which the expense is to be charged. Where the amount of any such contract exceeds ten thousand dollars, or such other amount as the Council may designate by resolution, the contract shall be approved by the City Council." Section 6. Section 3.32.050 of the Temecula Municipal Code is hereby amended to read as follows: 'Section 3.32.050 Delegation of Authority to Award Inforinal Contracts "The City Manager is authorized to award bids and enter into informal construction contracts pursuant to this Chapter where the amount of such contract does not exceed twenty five thousand dollars ($25,000.00), or such other amount as the Council may designate by resolution; provided, there exists an unencumbered appropriation in the fund account against which the expense is to be charged. Where the amount of any such contract exceeds twenty five thousand dollars ($25,000.00), or such other amount as the Council may designate by resolution, the contract shall be approved by the City Council." Section 7. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, Ords%96-22 3 paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 8. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 17th day of December, 1996. Karel F. Lindemans Mayor ATTEST: June S. Greek, CMC City Clerk [SEAL] Ords\96-22 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE SS CITY OF TEMECULA 1, JUNE S. GREEK, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 96-22 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of November, 1996. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17th day of December, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC City Clerk Ords\96-22 5 TEIMECULA COMIMUNITY SERVICES DISTRICT ITEI\4 I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD NOVEMBER 26, 1996 A regular meeting of the Temecula Community Services District was called to order at 7:55 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Vice President Jeff Stone presiding. ROLL CALL PRESENT: 4 DIRECTORS: Birdsall, Ford, Lindemans, Stone ABSENT: 1 DIRECTORS: Roberts Also present were General Manager Ronald E. Bradley, District Counsel Peter Thorson and District Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Ford, seconded by Director Lindemans to approve Consent Calendar Item No. 1 as follows: 1 Minutes 1.1 Approve the minutes of November 1 2, 1996. The motion carried as follows: AYES: 4 DIRECTORS: Birdsall, Ford, Lindemans, Stone NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Roberts DIRECTOR OF COMMUNITY SERVICES REPORT None given. GENERAL MANAGERS REPORT None given. r:\minutes.csd\l 1 2696 -1- BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Lindemans, seconded by Director Birdsall to adjourn at 7:56 PM to a meeting on December 3, 1 996, 4:00 PM, Temecula City Hall, City Council Chamber, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried with President Roberts absent. Ron Roberts, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd\l 1 2696 -2- REDEVELOPMENT AGENCY ITEI\4 I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD NOVEMBER 26, 1996 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:56 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall ABSENT: 1 AGENCY MEMBERS: Roberts Also present were Executive Director Ronald E. Bradley, Agency General Counsel Peter Thorson and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. It was moved by Agency Member Ford, seconded by Agency Member Lindemans to approve Consent Calendar Item No. 1. 1 . Minutes 1.1 Approve the minutes of November 1 2, 1 996. The motion carried as follows: AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Roberts EXECUTIVE DIRECTOR REPORT None given. AGENCY MEMBER'S REPORTS None given. RECESS Chairperson Birdsall recessed the meeting at 7:57 PM. The meeting was reconvened as a Joint City Council, Redevelopment Agency, Old Town Westside Community Facilities District Financing Authority and Old Town/Westside Improvement Authority Meeting at 7:57 PM. Minutes.rda 1 1 2696 -1- JOINT MEETING OF THE CITY COUNCIL, THE TEMECULA REDEVELOPMENT AGENCY AND THE OLD TOWN TEMECULA WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY The joint meeting was called to order at 7:57 P.M. at City Council Chambers, 43200 Business Park Drive, Temecula, California. PRESENT: 4 AGENCY MEMBERS: Birdsall, Ford, Stone, Lindemans ABSENT: 1 AGENCY MEMBERS: Roberts CITY COUNCIL BUSINESS 1Approval of Final Documents for Old Town Public Improvement District Councilmember Stone announced a conflict of interest and stepped down from the dias. City Manager Ronald Bradley presented a brief staff report and introduced Paul Thimmig, Jones, Hall, Hill and White, Bond Counsel for the City and John McAlister, Stone and Youngberg, Investment Banker, to answer any questions of the City Council. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve staff recommendation 1.1 as follows: 1.1Adopt a resolution entitled: RESOLUTION NO. 96-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND DIRECTING CANCELLATION OF AMENDMENT TO JOINT COMMUNITY FACILITIES AGREEMENT The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone 2.TEMECULA REDEVELOPMENT AGENCY BUSINESS Bond Counsel Paul Thimmig presented the staff report. It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation 2.1 as follows: Minutes.rdal 1 2696 -2- 2.1Adopt a resolution entitled: RESOLUTION NO. RDA 96-21 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation 2.2 as follows: 2.2Adopt a resolution entitled: RESOLUTION NO. RDA 96-22 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ACCEPT GUARANTEES FOR THE COMPLETION OF PUBLIC IMPROVEMENTS FOR THE OLD TOWN AREA The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone RECESS Chairperson Birdsall called a recess at 8:03 PM to allow the Mayor and Agency Chairperson to execute the Joint Powers Agreement establishing the Old Town/Westside Improvement Authority. The meeting was reconvened at 8:1 7 PM. 3.OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Bond Counsel Paul Thimmig presented the staff report. It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 3.1 as follows: Minutes.rda 1 1 2696 -3- 3.1Adopt a resolution entitled: RESOLUTION NO. FA 96-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY APPROVING SALE OF BONDS TO THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone 3.2Adopt a resolution entitled: RESOLUTION NO. FA 96-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY APPROVING CONSTRUCTION MANAGEMENT AND SUPERVISION AGREEMENT BETWEEN THE AUTHORITY AND FLUOR DANIEL, INC. AND A GUARANTY WITH FLUOR CORPORATION The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone 4.OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY 4.1 Election of Chairperson and Vice Chairperson Minutes.rdal 1 2696 -4- It was moved by Board Member Birdsall, seconded by Board Member Lindemans to elect Board Member Birdsall as Chairperson and Board Member Ford as Vice- Chairperson. The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 4.2 as follows: 4.2Adopt a resolution entitled: RESOLUTION NO. IA 96-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RULES FOR ITS PROCEEDINGS The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 4.3 as follows: 4.3Adopt a resolution entitled: RESOLUTION NO. IA 96-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY AUTHORIZING ISSUANCE AND SALE OF REVENUE BONDS FOR THE PURPOSE OF FINANCING ACQUISITION OF COMMUNITY FACILITIES DISTRICT BONDS (OLD TOWN AREA), AND APPROVING RELATED AGREEMENTS AND ACTIONS Minutes.rda 1 1 2696 -5- Adbournment of the Temecula Redevelopment Aciency, the Old Town/Westside Community Facilities District Financing Authority, and the Old Town/Westside Improvement Authority It was moved by Agency Member Lindemans, seconded by Agency Member Ford to adjourn at 8:25 PM to a meeting on December 3, 1 996, 4:00 P.M., Temecula City Hall, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried with Member Roberts absent. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rdal 1 2696 -6- OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEI\4 I MINUTES OF A REGULAR MEETING OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD NOVEMBER 26, 1996 A regular meeting of the was called to order at 7:57 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall ABSENT: 1 AGENCY MEMBERS: Roberts Also present were Executive Director Ronald E. Bradley, Authority General Counsel Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. It was moved by Agency Member Stone, seconded by Agency Member Ford to approve Consent Calendar Item No. 1. 1 . Minutes 1.1 Approve the minutes of November 1 2, 1 996. The motion carried as follows: AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Stone, Birdsall NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Roberts RECESS Chairperson Birdsall recessed the meeting at 7:57 PM. The meeting was reconvened as a Joint City Council, Redevelopment Agency, Old Town Westside Community Facilities District Financing Authority and Old Town/Westside Improvement Authority Meeting at 7:57 PM. Minutes.fal 1 2696 -1- JOINT MEETING OF THE CITY COUNCIL, THE TEMECULA REDEVELOPMENT AGENCY AND THE OLD TOWN TEMECULA WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY The joint meeting was called to order at 7:57 P.M. at City Council Chambers, 43200 Business Park Drive, Temecula, California. PRESENT: 4 AGENCY MEMBERS: Birdsall, Ford, Stone, Lindemans ABSENT: 1 AGENCY MEMBERS: Roberts CITY COUNCIL BUSINESS 1 .Approval of Final Documents for Old Town Public Improvement District Councilmember Stone announced a conflict of interest and stepped down from the dias. City Manager Ronald Bradley presented a brief staff report and introduced Paul Thimmig, Jones, Hall, Hill and White, Bond Counsel for the City and John McAlister, Stone and Youngberg, Investment Banker, to answer any questions of the City Council. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve staff recommendation 1 .1 as follows: 1.1Adopt a resolution entitled: RESOLUTION NO. 96-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND DIRECTING CANCELLATION OF AMENDMENT TO JOINT COMMUNITY FACILITIES AGREEMENT The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone 2.TEMECULA REDEVELOPMENT AGENCY BUSINESS Bond Counsel Paul Thimmig presented the staff report. It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation 2.1 as follows: Minutes.fal 1 2696 -2- 2.1Adopt a resolution entitled: RESOLUTION NO. RDA 96-21 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation 2.2 as follows: 2.2Adopt a resolution entitled: RESOLUTION NO. RDA 96-22 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ACCEPT GUARANTEES FOR THE COMPLETION OF PUBLIC IMPROVEMENTS FOR THE OLD TOWN AREA The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone RECESS Chairperson Birdsall called a recess at 8:03 PM to allow the Mayor and Agency Chairperson to execute the Joint Powers Agreement establishing the Old Town/Westside Improvement Authority. The meeting was reconvened at 8:1 7 PM. 3.OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Bond Counsel Paul Thimmig presented the staff report. It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 3.1 as follows: Minutes.fal 1 2696 -3- 3.1Adopt a resolution entitled: RESOLUTION NO. FA 96-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY APPROVING SALE OF BONDS TO THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone 3.2Adopt a resolution entitled: RESOLUTION NO. FA 96-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY APPROVING CONSTRUCTION MANAGEMENT AND SUPERVISION AGREEMENT BETWEEN THE AUTHORITY AND FLUOR DANIEL, INC. AND A GUARANTY WITH FLUOR CORPORATION The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone 4.OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY 4.1 Election of Chairperson and Vice Chairperson Minutes.fal 1 2696 -4- It was moved by Board Member Birdsall, seconded by Board Member Lindemans to elect Board Member Birdsall as Chairperson and Board Member Ford as Vice- Chairperson. The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 4.2 as follows: 4.2Adopt a resolution entitled: RESOLUTION NO. IA 96-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RULES FOR ITS PROCEEDINGS The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 4.3 as follows: 4.3Adopt a resolution entitled: RESOLUTION NO. IA 96-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY AUTHORIZING ISSUANCE AND SALE OF REVENUE BONDS FOR THE PURPOSE OF FINANCING ACQUISITION OF COMMUNITY FACILITIES DISTRICT BONDS (OLD TOWN AREA), AND APPROVING RELATED AGREEMENTS AND ACTIONS Minutes.fa 1 1 2696 -5- Ad*ournment of the Temecula Redevelopment Agency, the Old Town/Westside Community Facilities District Financinci Authority, and the Old Town/Westside Improvement Authority It was moved by Agency Member Lindemans, seconded by Agency Member Ford to adjourn at 8:25 PM to a meeting on December 3, 1996, 4:00 P.M., Temecula City Hall, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried with Member Roberts absent. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Authority Secretary Minutes.fal 1 2696 -6- OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY ITE:N4 I JOINT MEETING OF THE CITY COUNCIL, THE TEMECULA REDEVELOPMENT AGENCY, THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY The joint meeting of the City Council, the Temecula Redevelopment Agency, the Old Town/Westside Community Facilities District Financing Authority and the Old Town/Westside Improvement Authority was called to order at 7:57 P.M. at City Council Chambers, 43200 Business Park Drive, Temecula, California. PRESENT:4 AGENCY MEMBERS: Birdsall, Ford, Stone, Lindemans ABSENT:1 AGENCY MEMBERS: Roberts CITY COUNCIL BUSINESS 1.Approval of Final Documents for Old Town Public Improvement District Councilmember Stone announced a conflict of interest and stepped down from the dias. City Manager Ronald Bradley presented a brief staff report and introduced Paul Thimmig, Jones, Hall, Hill and White, Bond Counsel for the City and John McAlister, Stone and Youngberg, Investment Banker, to answer any questions of the City Council. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve staff recommendation 1 .1 as follows: 1.1Adopt a resolution entitled: RESOLUTION NO. 96-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, AND DIRECTING CANCELLATION OF AMENDMENT TO JOINT COMMUNITY FACILITIES AGREEMENT The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone 2.TEMECULA REDEVELOPMENT AGENCY BUSINESS Bond Counsel Paul Thimmig presented the staff report. Minutes.fa I 1 2696 -2- It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation 2.1 as follows: 2.1Adopt a resolution entitled: RESOLUTION NO. RDA 96-21 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation 2.2 as follows: 2.2Adopt a resolution entitled: RESOLUTION NO. RDA 96-22 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ACCEPT GUARANTEES FOR THE COMPLETION OF PUBLIC IMPROVEMENTS FOR THE OLD TOWN AREA The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAIN: 1 COUNCILMEMBERS: Stone RECESS Chairperson Birdsall called a recess at 8:03 PM to allow the Mayor and Agency Chairperson to execute the Joint Powers Agreement establishing the Old Town/Westside Improvement Authority. The meeting was reconvened at 8:1 7 PM. 3.OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Bond Counsel Paul Thimmig presented the staff report. Minutes.fal 1 2696 -3- It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 3.1 as follows: 3.1Adopt a resolution entitled: RESOLUTION NO. FA 96-12 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY APPROVING SALE OF BONDS TO THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY, AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone 3.2Adopt a resolution entitled: RESOLUTION NO. FA 96-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY APPROVING CONSTRUCTION MANAGEMENT AND SUPERVISION AGREEMENT BETWEEN THE AUTHORITY AND FLUOR DANIEL, INC. AND A GUARANTY WITH FLUOR CORPORATION The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone 4.OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY 4.1 Election of Chairperson and Vice Chairperson Minutes.fal 1 2696 -4- It was moved by Board Member Birdsall, seconded by Board Member Lindemans to elect Board Member Birdsall as Chairperson and Board Member Ford as Vice- Chairperson. The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 4.2 as follows: 4.2Adopt a resolution entitled: RESOLUTION NO. IA 96-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RULES FOR ITS PROCEEDINGS The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Roberts ABSTAIN: 1 BOARD MEMBERS: Stone It was moved by Board Member Lindemans, seconded by Board Member Ford to approve staff recommendation 4.3 as follows: 4.3Adopt a resolution entitled: RESOLUTION NO. IA 96-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY AUTHORIZING ISSUANCE AND SALE OF REVENUE BONDS FOR THE PURPOSE OF FINANCING ACQUISITION OF COMMUNITY FACILITIES DISTRICT BONDS (OLD TOWN AREA), AND APPROVING RELATED AGREEMENTS AND ACTIONS Minutes.fa 1 1 2696 -5- Adaournment of the Temecula Redevelopment Aciency, the Old Town/Westsid( Facilities District Financing Authoritv. and the Old Town/Westside Improvement Authority It was moved by Agency Member Lindemans, seconded by Agency Member Ford to adjourn at 8:25 PM to a meeting on December 3, 1 996, 4:00 P.M., Temecula City Hall, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried with Member Roberts absent. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Authority Secretary Minutes.fal 1 2696 -6- ITEIN4 16 A CITY ATTORNE DIRECTOR OF I CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:Gary Thornhill, Community Development Director DATE:December 10, 1996 SUBJECT:Planning Application No. PA96-0107 (General Plan Amendment) and Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan - Paloma del Sol) Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: 1.Make a determination of Consistency with a project for which an Environmental Impact Report was previously certified. 2.Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96- 0107, CHANGING THE GENERAL PLAN LAND USE DESIGNATION ON PLANNING AREA 2 FROM HIGH DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL, PLANNING AREA 29A FROM LOW-MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE/RECREATION, AND PORTIONS OF PLANNING AREA 1 FROM COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL AND MODIFYING FIGURE 2-4 (VILLAGE CENTER OVERLAY) OF THE GENERAL PLAN, DELETING THE AREA CORRESPONDING TO PLANNING AREA 2 FROM THE VILLAGE CENTER OVERLAY AND ADDING AREAS CORRESPONDING TO PLANNING AREAS 6 AND 37 TO THE VILLAGE CENTER OVERLAY ON PROPERTY GENERALLY LOCATED NORTH OF SR 79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD R:\STAFF@%106PA96.CC1 12/2/96 klb 1 3.Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96- 0106 IZONING AMENDMENT, SPECIFIC PLAN NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING PLANNING AREAS 38 AND 39 TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020- 027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955-030-011 BACKGROUND The Planning Commission considered the project on March 4, 1996 and recommended approval of the project by a 5-0 vote. There was no Commission discussion regarding this project. Changes to the General Plan and Specific Plan are listed below. Planning Application No. PA96-0107 (General Plan Amendment) The proposed changes to the General Plan Land Use Plan include the following: 1Amend the General Plan Land Use Plan corresponding to Planning Area No. 2 of the Specific Plan from (H) High Density Residential (13-20 dwelling units per acre) to (LM) Low-Medium Density Residential (3-6 dwelling units per acre). 2.Amend the General Plan Land Use Plan corresponding to Planning Area 29A of the Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per acre) to (OS) Open Space/Recreation. 3.Amend the General Plan Land Use Plan corresponding to Planning Areas 38 and 39 of the Specific Plan from (CC) Community Commercial to (H) High Density Residential (1 3- 20 dwelling units per acre). Chanaes to Fiaure 2-4 (Villaae Center Over@ The proposal is to amend Figure 2-4 (Village Center Overlay) of the General Plan to delete the area corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding to Planning Area 6 and Planning Area 37 of the Specific Plan. Planning Area 2 is proposed to be R:%STAFFRW\106PA96.CCI 12/2196 klb 2 change from Very High Density Residential to Medium High Density Residential. The Village Center is more appropriate with higher density development. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan) Specific Plan Chanaes The project is an amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to the Specific Plan and Specific Plan Ordinance. The changes have been reflected in the documents transmitted to the City Council in the form of redlined items for additions to the Plan and strikeout items for deletions. A summary of changes to the Specific Plan text are listed below: 1 .Overall project acreage will remain the same. Overall dwelling units will decrease from 5,604 units to 5,584 units. 2.Roadway Cross Section (Figure 5A - Highway 79) has been modified to reflect the approved Assessment District No. 1 59 street improvement plans. 3.Roadway Cross Section (Figure 5B) has been modified to reflect General Plan roadway sections (includes raised, landscaped medians). 4.Planning Areas 1, 6, 36, 37, 38 and 39 contain language in their Planning Standards pertaining to the Village Center. Figures 1 5A and 1 5F include references to Design Guidelines for the Village Center. 5.Planning Areas 2, 9, 14, 27, 28 and 29A and 29B contain language which reflects their respective change in density allowed or change in use within these areas. A pedestrian linkage has been added between Planning Areas 27 and 28. 6.Highway 79 Landscape Development Zone (LDZ) has been decreased from fifty (50) feet to thirty-eight (38) feet. This is to be consistent with the approved Assessment District No. 159 street improvement plans. 7.Village Center Design Guidelines have been added. Asummary of changes to the Specific Plan Ordinance are listed below: 1 .Deletion and addition of Planning Areas to the appropriate Ordinance Section based upon the changes in density to the Planning Area (i.e., deletion of Planning Area 2 from Very High Density Residential and addition of it to Medium High Density Residential, etc.) 2.Deletion and addition of uses for Planning Areas 1, 27 and 36 which will foster a Village Center. R:\STAFFRPT\106PA96.CCI 12/2/96 klb 3 Villaae Center OverlU The City's General Plan has been adopted since the last amendment to the Paloma del Sol Specific Plan (Amendment No. 4). Figure 2-4 (Village Center Overlay) in the General Plan includes conceptual locations for Village Centers within the City of Temecula. One such Village Center is identified at the southwest corner of the Paloma del Sol Specific Plan. Staff supplied Village Center criteria from the General Plan, Development Code and Draft Design Guidelines) to the applicant at the Development Review Committee meeting. The Specific Plan has been amended to include a Village Center on Planning Areas 1, 6, 36, 37, 38 and 39. Language has been included to the Specific Plan Planning Standards (for each Planning Area), Design Guidelines and the Specific Plan Ordinance to foster the design and development of the Village Center Concept. The Specific Plan addresses mixture of uses, pedestrian oriented design, building scale and design intensification, parking design, signage and transit provisions. These are the areas identified in the Community Design Element of the General Plan, the Village Center Performance Standards contained in the Development Code and the draft Village Center Design Guidelines. FISCAL IMPACT None. Attachments: 1 . City Council Ordinance No. 96- - Page 5 2. City Council Ordinance No. 96- - Page 1 0 a . Exhibit A: Conditions of Approval - Page 14 3.November 18, 1996 Planning Commission Staff Report - Page 17 R:\STAFFRff\106PA96.CCI 12/2/% klb 4 ATTACHMENT NO. 1 ORDINANCE NO. 96- R:%STAFFRn\106PA96.CCI 12/2/% Idb 5 ATTACHMENT NO. I ORDINANCE NO. 96-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0107, CHANGING THE GENERAL PLAN LAND USE DESIGNATION ON PLANNING AREA 2 FROM VERY HIGH DENSITY RESIDENTIAL TO LOW-MEDIIUM DENSITY RESIDENTIAL, PLANNING AREA 29A FROM LOW-MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE/RECREATION, AND PORTIONS OF PLANNING AREA I FROM COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL AND MODIFYING FIGURE 2-4 (VILLAGE CENTER OVERLAY) OF THE GENERAL PLAN, DELETING THE AREA CORRESPONDING TO PLANNING AREA 2 FROM THE VILLAGE CENTER OVERLAY AND ADDING AREAS CORRESPONDING TO PLANNING AREAS 6 AND 37 TO THE VHLAGE CENTER OVERLAY ON PROPERTY GENERALLY LOCATED NORTH OF SR 79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD THE CITY COUNCH, OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings, The City Council in approving Planning Application No. PA96- 0107 (General Plan Amendment), makes the following findings, to wit: 1 . Planning Application No. PA96-0107 (General Plan Amendment), as proposed, is compatible with the health, safety and welfare of the community. 2. The project is compatible with surrounding land uses. The project consists of amendments to the General Plan Land Use Plan corresponding to Planning Area No. 2 of the Specific Plan from (H) High Density Residential (13-20 dwelling units per acre) to (LM) Low- Medium Density Residenfial (3-6 dwelling units per acre), Planning Area 29A of the Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per acre) to (OS) Open Space/Recreation, Planning Areas 38 and 39 of the Specific Plan from (CC) Community Commercial to (H) High Density Residential (13-20 dwelling units per acre) and Figure 2-4 (Village Center Overlay) of the General Plan to delete the area corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding to Planning Area 6 and Planning Area 37 of the Specific Plan. Ultimate development of the site will be consistent with the previously approved Specific Plan and adjacent land uses. R:\STAFFRPT@106PA96.CCI 12/2/96 klb 6 3. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 4. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in the City's General Plan Environmental Impact Report or Environmental Impact Report 235 prepared for the Paloma del Sol Project. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 2. Environmental Co=liance, The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. The City Council hereby determines that the project is consistent with a project for which an Environmental Impact Report was previously certified. Section 3. Conditions, That the City of Temecula City Council hereby approves Planning Application No. PA96-0107 (General Plan Amendment) on property generally located north of SR 79 South, east of Margarita Road, south of Pauba Road and west of Butterfield Stage Road. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRP'r\106PA96.CCI 1212/96 klb 7 Section 5. PASSED, APPROVED, AND ADOPRED this 12th day of December, 1996. Karel Lindemans, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 96- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of December, 1996, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 12th day of December, by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT:COUNCILMEMBERS June S. Greek, City Clerk R:\STAFF@\106PA96.CC1 12/2/96 klb 8 ATTACHMENT NO. 2 ORDINANCE NO. 96- R:\STAFFRn\106PA96.CCI 12/2/96 kib 9 ATRACHMENT NO. 2 ORDINANCE NO. 96-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMIECULA APPROVING PLANNING APPLICATION NO. PA96-0106 (ZONING AMENDMIENT, SPECIFIC PLAN NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING PLANNING AREAS 38 AND 39 TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF @GARrrA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFTELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-02"04, 950-020-009 THROUGH 950-020-025, 950-020-027, 95"20-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955-030-011 T]IIE CITY COUNCIL OF THE CITY OF TEMIECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings, The City Council in approving Planning Application No. PA96- 0106 (Zoning Amendment, Specific Plan No. 219), makes the following findings, to wit: 1 . Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with the proposed General Plan Land Use Plan amendment and the Village Center Overlay amendment. 3. Specific Plan No. 219 for development of Paloma del Sol was incorporated into Amendment and Restatement of Development Agreement between the City of Temecula and KRDC, Inc. and Mesa Homes ("Development Agreement"), the predecessor-in-interest to Newland Associates, Applicant for Specific Plan No. 219, Amendment No. 5. The Development Agreement was approved by the City Council of the City of Temecula and recorded on February 18, 1993 ("Effective Date") in the Official Records of the Riverside County Recorder. The applicant and the City have agreed to include certain standards in the Specific Plan Amendment No. 5 pertaining to the Village Center Design Guidelines and roadway cross-sections which are now requirements of the City's current General Plan but were not R:\STAFFRWN106PA96.CC1 12/2/96 Job 1 0 included as part of the General Plan in effect when the Development Agreement was recorded. These agreed upon standards are: A. The Applicant has added Design Guidelines in Section IV of Specific Plan 219 entitled 'D. Village Center Design Guidelines". B. The Applicant has amended the 'Arterial Highway' and 'Major Road'cross-sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's General Plan 'Arterial Highway' and 'Major Road' cross-sections. The City further finds that the applicant's acceptance of the City's General Plan "Arterial Highway" and "Major Highway" cross- sections is based on certain understandings and arrangements reached with the City whereby any costs of implementation will be reimbursed to the Applicant. C.The Applicant has amended the '2Yighway 79' cross-section on Figure 5B of Specific Plan219 to increase paved area and to reduce the parkway area in accordance with current Stateof California criteria. 4.The City Council finds and determines that the changes to the existing development approvalsfor Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are deemed to be "minor"as defined in Section 14.3 of the Development Agreement and do not require an amendmentto the Development Agreement. The City finds and determines that by accepting the City's new General Plan standards of development as set forth in this Section, the Applicant has not waived any of its vested development rights under the Development Agreement. 5. The project is compatible with surrounding land uses. The project consists of the modification to an existing Specific Plan, with an overall reduction in density. Ultimate development of the site will be consistent and compatible with the existing land use in the area. 6. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 7. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 2. Environmental Compliance, The City of Temecula General plan EIR was @fied on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff s opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality R:%STAFFRPT\106PA96.CC1 12/2/96 klb 1 1 Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. The City Council hereby determines that the project is consistent with a project for which an Environmental Impact Report was previously certified. Section 3. Conditions, That the City of Temecula City Council hereby approves Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) on property generally located north of SR79 South, east of Meadows Parkway (north) and Margarita Road (south), south of Pauba Road and west of Butterfield Stage Road and known as Assessor's Parcel Numbers 950- 020-001 through 950-020-004, 950-020-009 through 950-020-025, 950-020-027, 950-020-029, 955-030-002 through 955-030-004 and 955-030-006 through 955-030-011, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRPT\106PA96.CC1 12/2/96 kib 1 2 Section 5. PASSED, APPROVED, AND ADOPTED this 12th day of December, 1996. Karel Lindemans, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 96- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of December, 1996, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 12th day of December, by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT:COUNCILMEMBERS June S. Greek, City Clerk R:\STAFFM\106PA96.CCI 12/2196 Idb 1 3 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFM\106PA96.CCI 1212/96 kib 14 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) Project Description: Amend Specific Plan No. 219 (Paloma del Sol), Amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to the Specific Plan and Specific Plan Ordinance Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 1The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 1 3, Chapter 4 (Section 21 000 ti =., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. 2.The applicant shall comply with all underlying conditions of approval for Specific Plan No. 21 9, and its amendments, unless superseded by these conditions of approval. 3.The amendment to the Specific Plan text shall conform with Attachment No. 7 (Specific Plan Text) 4.The amendment to the Specific Plan Ordinance shall conform with Attachment No. 8 (Specific Plan Ordinance). R:\STAFFRPT\106PA96.CC1 12/2/96 klb 1 5 Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment 5. The applicant shall submit the Amended Specific Plan text to the Planning Department. Prior to the Certificate of Occupancy for any Building in Planning Area 1 6.The Minor Community Entry Statement identified on Figure 15A of the Specific Plan shall be installed. OTHER AGENCIES 7.The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated July 12, 1 996, a copy of which is attached. 8.The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated June 26, 1996, a copy of which is attached. 9.The applicant shall comply with the recommendations outlined in the California Department of Transportation's transmittal dated June 1 7, 1 996, a copy of which is attached. 10.The applicant shall comply with the recommendations outlined in the County of Riverside Department of Environmental Health's transmittal dated November 4, 1 996, a copy of which is attached. R:\STAFFRPT\106PA96.CCI 12/2/96 kib 1 6 Eastern I"unicipal'warerDistrict Gmemi Manager Beend John B. Brudin Marion V. Astdcy. President Fichud R- Hag, V'icc President Lqal Commel Rodger D. Siems Redwine and SherriJI David J. Slawson Dimcror of The Metr@litan Wairr Clayton A- Record. Jr. D,so7cy of @ut@ CaLifomia Semtary Chc3tcr C. Gilbert Mary C. White Joseph J. Kucb[cr, CPA A j July 12, 1996 Matthew Fagan Planning Department City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT:PA96-0106/0107 (Meadows S.P. NO. 219, Paloma Del Sol) - Agency Case Txansmittal Dear Mr. Fagan: We have reviewed the materials transmitted by your of f ice which describe the subject project. The subject project is located north of Highway 79, west of Butterfield Stage Road, south of Pauba Road and east of Margarita Road in the City of Temecula. The subject project has already been submitted by the developer to the District for review. In fact, construction has already begun on some of the sewer facilities within the Paloma Del Sol development. According to the provided Summary of Changes Table, the total number of dwelling units decreases from 5604 to 5584. In addition, the same table indicates the total commercial area decreases from 31.5 acres to 12.5 acres. Due to the stage of sewer facility construction and the expected relatively minor changes in sewer flows-, the proposed land use changes do not warrant subsequent changes in the planned sewer facility sizes. Hence, our current plan for serving the subject project will remain unchanged. Upon receiving notice of the proposed changes being approved, we will update our databases to include the revised land use figures. Mail to: Post Officc Box 8300 ',I,ain Office: 2045 S. San Jacinto Avenuc, San Jacinto Customer Service / Engineering Anncx: 440 E. Oakland Avenue, Hemet, CA Operations & M2incenance Center: 2270 Trumble Road, Perris, CA 92571 - Telephone (909) 928-3777 - Fax (909) 928-6177 San Jacinto, California 92581-8300 Telephone (909) 925-7676 Fax (909) 929-0257 Mr. Matthew Fagan PA 96-0106/0107 July 12, 1996 Page 2 Thank you for soliciting our concerns and if you have any questions regarding the above matter, please call me at (909) 766-1810. Sincerely, EASTERN MUNICIPAL WATER DISTRICT Mike Gow, P.E. Civil Engineer Customer Service Department MAG/mag J:\MRDPROC\WP\NEW-BUSI.ll\GOW\tepaOI06.796 7 JV,'i 2 8 1996 June 26, 1996 AM& watr Mr. Matthew Fagan Associate Planner City of Temecula Li,a D. Herman Post Office Box 9033 p....... @@t Temecula, CA 92589-90')') lVlicha.1 R. McMillan @, %,,, P,@,.d-t SUBJECT: Water Availability Ralph H. Daily Palt)m,,i Del Sol Specific Plan Csaba F. Ka Planning Application No. PA96-0106 Doug Kulberv -Jeffrey L.,@tiki.r Dear Mr. Fagan: George @NI. Woods Please be advised that the above-referenced propertv is located within the .-Iohn Fl. He.nigarboundaries of Rancho California Water District (R@WD). Water service, G@@@,,,i 'll.n@g,,,therefore, would be available upon completion of financial arrangements Phillip L. For@between RCWD and the property owner. E. P. "Bob" @monsThe Developer will be required to construct all on-site and off-site water D.r,-,t., ffacilities required bv RCWD to service the individual developments. The Kenneth C. Dealy D.,@,t., f Op@,.Developer(s) should contact RDWD for fees and requirements. &- -% I.,, . t e... Pe@ R.LouckWater availability would be contingent upon the property owner signing an Lind. ',I. Fregos.Agency Agreement which assigns water management rights, if any, to RCWD. C. Niieh.@l Co-eetIf you have any questions, please contact an Engineerin- Services Best. Best & Krieger G,.@,@i C..n,@iRepresentative. Sincerely, RANCHO CALIFORNIA WATER DISTRICT J' Steve Brannon, P.E. Development Engineering Manager %vp9t)/SB:LW:ni,,4)07/FOI2/FEF cc:Laurie Williams, Engineerin_@ Services Manager Rancho Cal ifomia Water District R,, @d 1)(r,,, [I,,% @ll)(7 - T.. STATE OF CALIFORNIA-BUSINESS, TRANSPORTATI'ON AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNARDINO, CALIFORNIA 92AO2 TDD 1909) 383-5959 PETE WILSON, Go@ernor July 17, 1996 08-Riv-79-17.3 Mr. Matthew Fagan Associate Planner Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Fagan: Planning Application No. PA96-0106 and Planning Application No. PA96-0107 We have reviewed the above-referenced documents and request consideration of the following comment: It has been mutually discussed that the ultimate plan for State Route 79 (SR 79) in the project area is a six (6) lane, limited-access facility within a 1341 right of way over a new alignment. The City of Temecula should develop policies and procedures to preserve the needed right of way, and maintain and improve the current facility. A Memorandum of Understanding (MOU) between the State of California, Der)artment of Transportation (Caltrans) and the city of Temecula was finalized on November 13, 1995. This MOU serves as a guideline for new development and upgrade or realignment of SR-79. The following excerpts are from this MOU: 1.Route 79 is planned for up to three lanes in each direction for through traffic and up to two lanes in each direction for local circulation. Realignment may be necessary upon future development along Route 79. Mr. Matthew Fagan July 17, 1996 Page 2 2.The City shall hereafter protect the right-of-way for said realignment by limiting development approvals for South Route 79 as follows: a.Intersections will be spaced at 1/4 mile increments and limited access driveways at 1/8 mile spacing from Interstate 15 (I-15) to Anza Road. Concerning drainage, care should be taken when developing this project to preserve and perpetuate the existing drainage pattern of the state highway. Particular consideration must be given to cumulative increased storm runoff to insure that a highway drainage problem is not created. This project will require an encroachment permit if there is any work, including work pertaining to: access, grading, and drainage, within the State highway right of way; the Department of Transportation would be a responsible agency and may require certain measures be provided as a condition of permit issuance. The developer must obtain an encroachment permit from the District 8 Permits Office prior to beginning work. Their address and phone number are listed below: Encroachment Permits California Department of Transportation P. 0. Box 231 San Bernardino, CA 92402 (909) 383-4536 If you have any questions, please contact Cecil Karstensen at (909) 383-5922 or FAX (909) 383-7934. Sincerely, ROBERT G. HARVEY, Chief Office of Riverside County Transportation Planning and Public Transportation l@y Mov@r 4, 1996 4:2" -- Page 11 NOV-04-96 MON 05:25 PM ENVIRONMENTAL HEALTH FAX NO. P.01 COU,ntY of Riverside D"" OF ONWNTAL M@Tja DAIM:November 4,1996 TO:C= OF TEMECULA A@: Matthew F@ As@iate P@ FROM. @JOhn C. Silva, P.E., Sr. @tic ff@th Engin= RIE: Paloma Del Sol-F@ Conditions This memo is to respond to the PrOPOn@ lefter of &7temb,-r 30, 1996 @@g the use of reclaimed water thmughout the project This topic, was brougm to the 2@tion of your proponent in our July 16, 1996 memo- (COPY @hed) In Your @nents response to our memo, it states , the project could ,therefore utilize 343,000 gallons per day of recumed water for @pfion...... once EMWD implements its Rancho Non-Dom@c Water @bution Syvm-. The Point tbat n@ to In @ to the proponmt is @ "it should be a to reclaimed @r @@id the proicce,,, ;as noted. S@caUy, 343,000 gdlons -per day divided by 350 gallons per household per day equates to the equivalent of the water savings of 980 dwelling units or homes- This @ - @ng water could then be repurified at the cnt plant and reused wi@ the project Thus, the d=md to @rt water mm the projea area would be e d. Please call me at (909) 275-8980 if you have any questions. ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT: NOVEMBER 18, 1996 R:\STAFF@\106PA96.CCI 12/2/96 klb 1 7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION November 18, 1996 Planning Application No. PA96-0106 (Zoning Amendment. Specific Plan - Paloma del Sol) Planning Application No. PA96-0107 (General Plan Amendment) Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION:The Planning Department Staff recommends the Planning Commission: 1 .Make a determination of Consistency with a project for which an Environmental Impact Report was previously certified; 2.ADOPT Resolution No. 96- recommending approval of Planning Application No. PA96-0107 (General Plan Amendment) based upon the Analysis and Findings contained in the Staff Report; 3.ADOPT Resolution No. 96- recommending approval of Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan) based upon the Analysis and Findings contained in the Staff Report subject to the attached Conditions of Approval; 4.ADOPT Resolution No. 96- approving Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) based upon the Analysis and Findings contained in the Staff Report subject to the attached Conditions of Approval; and 5.ADOPT Resolution No. 96- approving PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) based upon the Analysis and Findings contained in the Staff Report subject to the attached Conditions of Approval. R:\STA 106PA96.PCI 11114/96 kl 1 APPLICATION INFORMATION APPLICANT: Cal-Paloma del Sol, LLC c/o Newland Associates, Inc. REPRESENTATIVES:Planning Application No. PA96-0107 (General Plan Amendment): T&B Planning Consultants, Inc. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan): T&B Planning Consultants, Inc. Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184): Keith International, Inc. Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186): Keith International, Inc. PROPOSAL: Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan): Amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to the Specific Plan and Specific Plan Ordinance Planning Application No. PA96-0107 (General Plan Amendment): Amendment to the City of Temecula General Plan Land Use Plan and Village Center Overlay Plan to correspond to the Paloma del Sol Specific Plan Amendment Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184): Decrease the total number of lots from 210 to 156 and increase the size of residential lots from 5,000 square feet to 7,200 square feet Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186): Decrease the total number of lots from 461 to 424 and increase the size of residential lots from 4,000 square feet to 6,000 square feet LOCATION: Generally located to the east of Meadows Parkway (north) and Margarita Road (south), south of Pauba Road, north of SR79 South, and west of Butterfield Stage Road EXISTING ZONING: SP (Specific Plan No. 219 - Paloma del Sol) SURROUNDING ZONING: North: SP (Specific Plan No. 199 - Margarita Village) South:SP (Specific Plan No. 227 - Vail Ranch) East: Low Medium and Medium Density Residential West:Specific Plan (Specific Plan No. 219 - Paloma del Sol), Very Low Density Residential, Professional Office and Highway Tourist Commercial R:\STA 106PA96.]PCI 11/14/% 2 EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: Single-family residences South:Vacant East: Single-family residences and vacant West: Single-family residences; Arco AM/PM PROJECT STATISTICS Planning Appl*cataon No. PA96-0106 (Zon*ng Amendment, S12ecafic Plan No. 219) Summary of Changes from Amendment No. 4 and Amendment No. 5 OLD NUMBER OF OLD PLANNING DWELLING OLD LAND USE/NEW AREA/NEW OLD ACREAGEINEW UNITS/NEW LAND USE PLANNING AREA ACREAGE NUMBER OF DWELLING UNITS Commercial/ 1/1 31.5/21.3 ---- Commercial Very High Res./ 2/2 20.0/20.0 320/116 Medium High Res. Medium High 9/9 44.0/44.0 198/135 Res./Medium Res. Medium High 14114 49.0/49.0 2691230 Res./Medium Res. Medium Res./Medium 28/28 30.0/26.0 135/117 Res. Medium 28/29A ---- /4.0 ---- Res./Recreation Area(Park) Elementary 29/29B 10.0110.0 ---- School/Elementary School Commercial/Very 1/38 ---- /8.0 ---- /128 High Res. Commercial/Very 1/39 ---- /11.0 ---- /176 High Res. As a result of Amendment No. 5 to the Paloma del Sol Specific Plan, revisions to existing, approved tentative tract maps will be required. Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) and Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) are discussed below. R:\STA 106PA%.PM 11/14/% idb 3 Planning Application No. PA96-0108 (Revosed Vesting Tentative Tract Map No. 24184) Number of Residential Lots: 136 Number of Open Space Lots: 20 Total Number of Lots: 156 Lot size: 7,200 square feet Overall Acreage: 52.3 acres Planning Apgllecatoon No. PA96-0114 (Revosed Vesting Tentative Tract Map No. 24186) Number of Residential Lots: 410 Number of Open Space Lots: 14 Total Number of Lots: 424 Lot size: 6,000 square feet Overall Acreage: 114.1 acres BACKGROUND Planning Applications No. PA96-0106 (Zoning Amendment, Specific Plan), PA96-0107 (General Plan Amendment), PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) and PA96- 01 14 (Revised Vesting Tentative Tract Map No. 24186) were submitted to the Planning Department on June 6, 1996. A Development Review Committee (DRC) meeting was held on July 11, 1996. All applications were deemed complete on November 4, 1996. PROJECT DESCRIPTIONS Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan) is the fifth amendment to the Paloma del Sol Specific Plan. Changes to the Planning Areas for Amendment No. 5 are listed above under Project Statistics. Planning Application No. PA96-0107 (General Plan Amendment) is required because changes to the Specific Plan will necessitate concurrent changes to the Land Use Plan and Village Center Overlay exhibit within the City's General Plan. Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) is a request to decrease the overall number of proposed lots from 210 to 156. Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) is a request to decrease the overall number of proposed lots from 461 to 426. ANALYSIS Planning Application No. PA96-0106 (Zoning Amendment, Specofic Plan) S12ecif@c Plan Chanaes The project is an amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to the Specific Plan and Specific Plan Ordinance. The changes have been reflected in the documents transmitted to the Planning Commission in the form of redlined items for additions to the Plan and strikeout items for deletions. R:\STA 106PA%.PCI 11/14/96 kl 4 A summary of changes to the Specific Plan text are listed below: 1Overall project acreage will remain the same. Overall dwelling units will decrease from 5,604 units to 5,584 units. 2.Roadway Cross Section (Figure 5A - Highway 79) has been modified to reflect the approved Assessment District No. 159 street improvement plans. 3.Roadway Cross Section (Figure 5B) has been modified to reflect General Plan roadway sections (includes raised, landscaped medians). 4.Planning Areas 1, 6, 36, 37, 38 and 39 contain language in their Planning Standards pertaining to the Village Center. Figures 15A and 15F include references to Design Guidelines for the Village Center. 5.Planning Areas 2, 9, 14, 27, 28 and 29A and 29B contain language which reflects their respective change in density allowed or change in use within these areas. A pedestrian linkage has been added between Planning Areas 27 and 28. 6.Highway 79 Landscape Development Zone (LDZ) has been decreased from fifty (50) feet to thirty-eight (38) feet. This is to be consistent with the approved Assessment District No. 159 street improvement plans. Figure 25 has been modified to reflect the proposed changes. 7.Village Center Design Guidelines have been added. The following Figures have been added pertaining to the Village Center: a.Figure 50A (Village Center Pedestrian Linkages and Gathering Places); b.Figure 50B (Typical Pedestrian Linage Between Pedestrian and Park Use); C.Figure 50C (Typical Pedestrian Connection Between Residential and Commercial Uses); and d. Figure 50D (Sample Signage). Asummary of changes to the Specific Plan Ordinance are listed below: 1 .Deletion and addition of Planning Areas to the appropriate Ordinance Section based upon the changes in density to the Planning Area (i.e., deletion of Planning Area 2 from Very High Density Residential and addition of it to Medium High Density Residential, etc.) 2.Deletion and addition of uses for Planning Areas 1, 27 and 36 which will foster a Village Center. V*Ilaae Center OverhU The City's General Plan has been adopted since the last amendment to the Paloma de[ Sol Specific Plan (Amendment No. 4). Figure 2-4 (Village Center Overlay) in the General Plan includes conceptual locations for Village Centers within the City of Temecula. One such Village Center is identified at the southwest corner of the Paloma del Sol Specific Plan. Staff supplied Village Center criteria from the General Plan, Development Code and Draft Design Guidelines) to the applicant at the Development Review Committee meeting. The Specific Plan has been amended to include a Village Center on Planning Areas 1, 6, 36, 37, 38 and 39. Language has been included to the Specific Plan Planning Standards (for each Planning Area), Design Guidelines and the Specific Plan Ordinance to foster the design and development of the Village Center Concept. The Specific Plan addresses mixture of uses, pedestrian oriented design, building scale and design intensification, parking design, signage and transit provisions. These are the areas identified in the Community Design Element of the General Plan, the Village R:\STAFFRPT'\106PA96.PCI 11/14/96 kib 5 Center Performance Standards contained in the Development Code and the draft Village Center Design Guidelines. Planning Applocat*on No. PA96-0107 (General Plan Amendment) The proposed changes to the General Plan Land Use Plan include the following: 1.Amend the General Plan Land Use Plan corresponding to Planning Area No. 2 of the Specific Plan from (H) High Density Residential (1 3-20 dwelling units per acre) to (LM) Low-Medium Density Residential (3-6 dwelling units per acre). 2.Amend the General Plan Land Use Plan corresponding to Planning Area 29A of the Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per acre) to (OS) Open Space/Recreation. 3.Amend the General Plan Land Use Plan corresponding to Planning Areas 38 and 39 of the Specific Plan from (CC) Community Commercial to (H) High Density Residential (1 3- 20 dwelling units per acre). Changes to Fogure 2-4 (Villaae Center Ove@ The proposal is to amend Figure 2-4 (Village Center Overlay) of the General Plan to delete the area corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding to Planning Area 6 and Planning Area 37 of the Specific Plan. Planning Area 2 is proposed to be change from Very High Density Residential to Medium High Density Residential. The Village Center is more appropriate with higher density development. Planning Ag)plocateon No. PA96-0108 (Revosed Vesteno Tentative Tract Magi No. 24184) The proposed changes to Vesting Tentative Tract Map No. 24184 include the following: 1.Decrease the number of residential lots from 198 to 136. 2.Increase the number of open space lots from 12 to 20. 3.Decrease the total number of lots from 21 0 to 1 56. 4.Increase the size of lots in phases 1 through Final from 5,000 to 7,200 square feet (minimum lot size shall remain at 5,000 square feet). 5.Revised street cross sections to incorporate landscape median islands per the City's General Plan. Planning Applmcatoon No. PA96-0114 (Revised Vestnno Tentative Tract Map No. 24186) The proposed changes to Vesting Tentative Tract Map No. 24186 include the following: 1 . Decrease the number of residential lots from 445 to 410. 2.No change in the number of open space lots (14 lots). 3.Decrease the total number of lots from 462 to 424. 4.Increase the size of lots in Phase 1 from 4,000 to 6,000 square feet (minimum lot size shall remain at 4,000 square feet). 5.Revised street cross sections to incorporate landscape median islands per the City's General Plan. R:\STAFFRM106PA%.PCI 11/14/96 ldb 6 EXISTING ZONING AND GENERAL PLAN DESIGNATION Current zoning on the site is Specific Plan. No change to the zoning is requested for this project. Several amendments are proposed to the General Plan Land Use Plan. These have been discussed above. ENVIRONMENTAL DETERMINATION The City of Temecula General Plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Staff is recommending the Commission make a determination of consistency with a project for which an Environmental Impact Report was previously certified. SUMMARY/CONCLUSIONS The project consists of a General Plan Amendment, a Specific Plan Amendment and two (2) revised vesting tentative tract maps. The General Plan Amendment is required to be processed concurrent with the Specific Plan Amendment due to proposed changes to land use designations within the Specific Plan. Overall units within the Specific Plan will decrease by 20 units (from 5,604 units to 5,584 units). A Village Center has been created at the southwest corner of the Specific Plan. Staff feels the applicant has done a good job incorporating language and Design Guidelines into the Specific Plan which will facilitate develoment of the Village Center. Both revised vesting tentative maps are proposal to increase minimum lot sizes. Based upon previous environmental review for the project, a because the project is a proposal reduce overall project density, Staff is not requiring any additional documentation for the project. FINDINGS Planning A12plicatoon No. PA96-0106 (Zonina Amendment, Sliecof*c Plan) 1 .Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), as proposed, is compatible with the health, safety and welfare of the community. 2.Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with the proposed General Plan Land Use Plan amendment and the Village Center Overlay amendment. R:\STA 106PA96.PCI 11/14/% iab 7 3.Specific Plan No. 219 for development of Paloma del Sol was incorporated into Amendment and Restatement of Development Agreement between the City of Temecula and KRDC, Inc. And Meas Homes ('Development Agreement'), the predecessor-in- interest to Newland Associates, Applicant for Specific Plan No. 219, Amendment No. 5. The Development Agreement was approved by the City Council of the City of Temecula and recorded on February 18, 1993 ('Effective Date') in the Official Records of the Riverside County Recorder. The applicant and the City have agreed to include certain standards in the Specific Plan Amendment No. 5 pertaining to the Village Center Design Guidelines and roadway cross- sections which are now requirements of the City's current General Plan but were not included as part of the General Plan in effect when the Development Agreement was recorded. These agreed upon standards are: A.The Applicant has added Design Guidelines in Section IV of Specific Plan 219 entitled "D. Village Center Design Guidelines'. B.The Applicant has amended the 'Arterial Highway' and 'Major Road' cross- sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's General Plan 'Arterial Highway' and 'Major Road' cross-sections. The City further finds that the applicant's acceptance of the City's General Plan "Arterial Highway' and 'Major Highway' cross-sections is based on certain understandings and arrangements reached with the City whereby any costs of implementation will be reimbursed to the Applicant. C.The Applicant has amended the 'Highway 79' cross-section on Figure 5B of Specific Plan 219 to increase paved area and to reduce the parkway area in accordance with current State of California criteria. 4.The City Council finds and determines that the changes to the existing development approvals for Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are deemed to be "minor" as defined in Section 14.3 of the Development Agreement and do not require an amendment to the Development Agreement. The City finds and determines that by accepting the City's new General Plan standards of development, the Applicant has not waived any of its vested development rights under the Development Agreement. 5.The project is compatible with surrounding land uses. The project consists of the modification to an existing Specific Plan, with an overall reduction in density. Ultimate development of the site will be consistent and compatible with the existing land use in the area. 6.The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. R:%STAF 106PA%.PCI 11/14/96 iab 8 7.The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Plannona Applicatoon No. PA96-0107 (General Plan Amendment) 1 .Planning Application No. PA96-0107 (General Plan Amendment), as proposed, is compatible with the health, safety and welfare of the community. 2.The project is compatible with surrounding land uses. The project consists of amendments to the General Plan Land Use Plan corresponding to Planning Area No. 2 of the Specific Plan from (H) High Density Residential (1 3-20 dwelling units per acre) to (LM) Low-Medium Density Residential (3-6 dwelling units per acre), Planning Area 29A of the Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per acre) to (OS) Open Space/Recreation, Planning Areas 38 and 39 of the Specific Plan from (CC) Community Commercial to (H) High Density Residential (1 3-20 dwelling units per acre) and Figure 2-4 (Village Center Overlay) of the General Plan to delete the area corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding to Planning Area 6 and Planning Area 37 of the Specific Plan. Ultimate development of the site will be consistent with the previously approved Specific Plan and adjacent land uses. 3.The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 4.The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in the City's General Plan Environmental Impact Report or Environmental Impact Report 235 prepared for the Paloma de[ Sol Project. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Planning A12plication No. PA96-0108 (Revised Vestina Tentative Tract Mal2 No. 24184) 1The proposed land division and the design or improvement of the project is consistent with the City's General Plan and is physically suitable for the type and density of development. The General Plan Land Use designation for the site is Low-Medium Residential (3-6 dwelling units per acre), with a target density of 4.5 dwelling units per acre). The project proposes one hundred thirty-six (1 36) residential parcels on 52.3 acres for a density of 3.1 units per acre. This is consistent with the General Plan Land Use designation for the site. 2.The design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development will occur to City Standards. R:\STAFFRM106PA%.PCI 11/14196 iab 9 3.The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from DePortola Road, Meadow Parkway and Leena Way and will not obstruct any easements. 4.Planning Application No. PA96-0108 as proposed, conforms to the logical development of its proposed site, and is compatible with the health, safety and welfare of the community. Plannona Applocatoon No. PA96-0114 (Revosed Vestina Tentative Tract Mal2 No. 24186) 1 .The proposed land division and the design or improvement of the project is consistent with the City's General Plan and is physically suitable for the type and density of development. The General Plan Land Use designation for the site is Low-Medium Residential (3-6 dwelling units per acre), with a target density of 4.5 dwelling units per acre). The project proposes four hundred ten (410) residential parcels on 141.1 acres for a density of 2.9 units per acre. This is consistent with the General Plan Land Use designation for the site. 2.The design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development will occur to City Standards. 3.The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from Meadows Parkway and Leena Way, and will not obstruct any easements. 4.Planning Application No. PA96-0114 as proposed, conforms to the logical development of its proposed site, and is compatible with the health, safety and welfare of the community. R:NSTAFFRP'nlO6PA96.PCI 11/14/96 iab 10 Attachments: 1PC Resolution (Planning Application No. PA96-0106 - Zoning Amendment, Specific Plan No. 219) - Blue Page 12 a.Conditions of Approval - Blue Page 17 2.PC Resolution (Planning Application No. PA96-0107 - General Plan Amendment) - Blue Page 20 3.PC Resolution (Planning Application No. PA96-0108 - Revised Vesting Tentative Tract Map No. 24184) - Blue Page 24 a.Conditions of Approval - Blue Page 28 4.PC Resolution (Planning Application No. PA96-0114 - Revised Vesting Tentative Tract Map No. 24186) - Blue Page 34 a.Conditions of Approval - Blue Page 38 5.Initial Study - Blue Page 44 6.Exhibits - Blue Page 53 A.Vicinity Map: Planning Application No. PA96-0106 B.Vicinity Map: Planning Application No. PA96-0108 C.Vicinity Map: Planning Application No. PA96-0114 D.Paloma del Sol Land Use Map (Amendment No. 4) E.Paloma del Sol Land Use Map (Amendment No. 5) F.General Plan Land Use Plan Amendment G.General Plan Land Use Plan Amendment H.Village Center Overlay Amendment 1. Revised Vesting Tentative Tract Map No. 24184 J.Revised Vesting Tentative Tract Map No. 24186 7.Specific Plan Text - Blue Page 54 8. Specific Plan Ordinance - Blue Page 55 R:\STAFFRPnlO6PA96.PCl 11/14196 kh 1 1 ATTACHMENT NO. 1 RESOLUTION NO. 96-_ R:KSTA 106PA96.PCI 11/14/96 kZ 12 ATTAC NO.1 PC RESOLUTTON NO. 96- A RESOLUTTON OF THE PLANNING COMMISSION OF THE CITY OFRECO ING APPROVAL OF PLANNINGAPPLICATION NO. PA96-0106 (ZONING AMENDMENT,SPECMC PLAN NO. 219) AMENDING PLANNING AREAS1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF PALOMA DEL SOL SPECIFIC PLAN AND SPECMC PLAN ORDINANCE AND ADDING PLANNING AREAS 38 AND 39 TO THE PALOMA DEL SOL SPECMC PLAN AND SPECMC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARrrA ROAD, SOUTH OF PAUBA ROAD AND WEST OF B LD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMEBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020- 027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955-030-011 WHEREAS, Newland Associates filed Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) in accordance with the City of Temecula General Plan and Development Code, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) was processed in the time and manner prescribed by State and local law; , the Planning Commission considered Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) on November 18, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219); NOW, THEREFORE, THE PLANNING COMMISSION OF THE C= OF TEMIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. R:\STAFF@106PA%.PCI 11/14/% M 1 3 Section 2. Findings, The Planning Commission in recommending approval of Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), makes the following findings, to wit: 1. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with the proposed General Plan Land Use Plan amendment and the Village Center Overlay amendment. 3. Specific Plan No. 219 for development of Paloma del Sol was incorporated into Amendment and Restatement of Development Agreement between the City of Temecula and KRDC, Inc. And Meas Homes ('Development Agreement'), the predecessor-in-interest to Newland Associates, Applicant for Specific Plan No. 219, Amendment No. 5. The Development Agreement was approved by the City Council of the City of Temecula and recorded on February 18, 1993 ('Effective Date') in the Official Records of the Riverside County Recorder. The applicant and the City have agreed to include certain standards in the Specific Plan Amendment No. 5 pe@g to the Village Center Design Guidelines and roadway cross-sections which are now requirements of the City's current General Plan but were not included as part of the General Plan in effect when the Development Agreement was recorded. These agreed upon standards are: A. The Applicant has added Design Guidelines in Section IV of Specific Plan 219 entitled 'D. Village Center Design Guidelines'. B. The Applicant has amended the Mrterial Highway' and 'Major Road'cross-sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's General Plan 'Arte?ial Highway' and 'Major Road' cross-sections. The City further finds that the apphcant's acceptance of the City's General Plan 'Arterial Highway' and 'Major Highway' cross- sections is based on certain understandings and arrangements reached with the City whereby any costs of implementation will be reimbursed to the Applicant. C. The Applicant has amended the 'Highway 79' cross-section on Figure 5B of Specific Plan 219 to increase paved area and to reduce the parkway area in accordance with current State of California criteria. 4.The City Council finds and determines that the changes to the existing development approvalsfor Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are deemed to be 'minor'as defined in Section 14.3 of the Development Agreement and do not require an amendmentto the Development Agreement. The City finds and determines that by R:\STAFFRP'nlO6PA96.PCI 11114/% M 1 4 accepting the City's new General Plan standards of development, the Applicant has not waived any of its vested development rights under the Development Agreement. 5. The project is compatible with surrounding land uses. The project consists of the modification to an existing Specific Plan, with an overall reduction in density. Ultimate development of the site will be consistent and compatible with the existing land use in the area. 6. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 7. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 3. Environmental Compliance, The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Staff is recommending the Commission make a determination of consistency with a project for which an Environmental Impact Report was previously certified. Section 4. Conditions, That the City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) on property generally located north of SR79 South, east of Meadows Parkway (north) and @garita Road (south), south of Pauba Road and west of Butterfield Stage Road and known as Assessor's Parcel Numbers 950-020-001 through 950-020-004, 950-020-009 through 950-020-025, 950-020-027, 950-020-029, 955-030-002 through 955-030-004 and 955-030-006 through 955-030-011, subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereol R:XSTA 106PA96.PCl 11114/96 kk 1 5 Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996. Linda Fahey, Chairman I HEREBY CER@ that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of November, 1996 by the following vote of the Commission: AYES:PLANNING COMMISSIONERS: NOES:PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAFFRPI'\106PA%.PM 11/141% kh 1 6 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFF@106PA%.PCi 11/14/96 kh 1 7 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) Project Description: Amend Specific Plan No. 219 (Paloma del Sol), Amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Areas 38 & 39 to the Specific Plan and Specific Plan Ordinance Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 1 .The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 @ =., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. 2.The applicant shall comply with all underlying conditions of approval for Specific Plan No. 199, and its amendments, unless superseded by these conditions of approval. 3.The amendment to the Specific Plan text shall conform with Attachment No. 7 (Specific Plan Text) 4.The amendment to the Specific Plan Ordinance shall conform with Attachment No. 8 (Specific Plan Ordinance). R:\STAFFRP'nlO6PA96.PCl 11/14/96 M 18 Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment 5.The applicant shall submit the Amended Specific Plan text to the Planning Department. Prior to the Certificate of Occupancy for any Building in Planning Area 1 6.The Minor Community Entry Statement identified on Figure 15A of the Specific Plan shall be installed. OTHER AGENCIES 7.The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated July 12, 1996, a copy of which is attached. 8.The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated June 26, 1996, a copy of which is attached. 9.The applicant shall comply with the recommendations outlined in the California Department of Transportation's transmittal dated June 17, 1996, a copy of which is attached. 10.The applicant shall comply with the recommendations outlined in the County of Riverside Department of Environmental Health's transmittal dated November 4, 1996, a copy of which is attached. R:\STA 106PA%.PCI 11/14/% IA 19 Eastern municipal'%, aterdistrict Gmeml,tlanag@ John B- Brudin Legal Coumel Redwine and SherriD Dirrcyor ofthe Metropolitan Water D,,mct of So.the- @rftmw Chester C. Gilbert Joseph J. Kueblcr, CPA Boird ofDimmyT Marion V. AsMey, President Ri@d F- H@, Vice PrcsidcnE Rodger D. Sicms D2Vid J. Slawson Clayton A. Record, Jr. Semzary Mary C. White July 12, 1996 Matthew Fagan Planning Department City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT:PA96-0106/0107 (Meadows s.p. NO. 219, Paloma Del Sol) Agency Case Transmittal Dear Mr. Fagan: We have reviewed the materials transmitted by your of f ice which describe the subject project. The subject project is located north of Highway 79, west of Butterfield Stage Road, south of Pauba Road and east of Margarita Road in the City of Temecula. The subject project has already been submitted by the developer to the District for review. In fact, construction has already begun on some of the sewer facilities within the Paloma Del Sol development. According to the provided Summary of Changes Table, the total number of dwelling units decreases from 5604 to 5584. In addition, the same table indicates the total commercial area decreases from 31.5 acres to 12.5 acres. Due to the stage of sewer facility construction and the expected relatively minor changes in sewer flows',, the proposed land use changes do not warrant subsequent changes in the planned sewer facility sizes. Hence, our current plan for serving the subject project will remain unchanged. Upon receiving notice of the proposed changes being approved, we will update our databases to include the revised land use figures. San Jacinto, California 92581-8300 Mail to: Post Office Box 8300 Main Office: 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hemet, CA Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177 Telephone (909) 925-7676 Fax (909) 929-0257 Mr. Matthew Fagan PA 96-0106/0107 July 12, 1996 Page 2 Thank you for soliciting our concerns and if you have any questions regarding the above matter, please call me at (909) 766-1810. Sincerely, EASTERN MUNICIPAL WATER DISTRICT Mike Gow, P.E. Civil Engineer Customer Service Department MAG/inag J:\WORDPROC\WP\NEW BUSI.ll\GO@tepaOlO6.796 -7 2 1996 June 26, 1996 4,js'd........... Banda Watr Mr. Matthew Fagan Associate Planner .... ... City of Temecula Li.a D. H@@a. Post Office Box 90-n) 3 Temecula, CA 925,S9-90@)3 lp% I' i'@"h"'a' @' I R. M c M i I I a n @, %,,@ P,@@,@d@@L SUBJECT: Ralph H. Daily Csaba F. Ka D,)ug R.Iberg Water Availability Palom,,i De] Sol Specific Plan Planning Application No. PA96-0106 J@ffr,, L.,Nlinkl@rDear Mr. Fagan: George,',I. Woods Ofl-,cer.,Please be advised that the above-referenced property is located within the -John F. He.nigarboundaries of Rancho California Water District (RCWD). Water service, G@,,,,.ltherefore, would be available upon completion of financial arrangements Phillip L. Fortwsbetween RCWD and the property owner. D@r,,,.r f Fi... E - P. "Bob" LemonsThe Developer will be required to construct all on-site and off-site water ffacilities required by RCWD to service the individual developments. The Kenneth C. DealyDeveloper(s) should contact RDWD for fees and requirements. P@@ R. Lo.@kWater availability would be contingent upon the propertv owner signing an Linda Ni. Freg...Agency Agreement which assigns water management right@, if any, to RCWD. C. Ilichael CowettIf you have any questions, please contact an Engineering Services Bt@st, Best & KriegerRepresentative. Sincerely, RANCHO CALIFORNIA WATER DISTRICT J, Steve Brannon, P.E. Development Engineering Mana(yer wp96/SB:LW:ni-007/FOI2/FEF cc:Laurie Williams, Enginecrini,, Services Manager Rancho C.lifomi.@t Water District 1213.@, R,,,d - P,,@t R(,, @)(11, - T STATE OF CALIFORNIA-BUSINESS, TRANSPOR.. @N AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 8, P@C BOX 231 SAN BERNARDINO, CALIFORNIA 92402 TDD (909) 383-5959 PETE WILSON, Governor ------------ July 17, 1996 08-Riv-79-17.3 Mr. Matthew Fagan Associate Planner Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Fagan: Planning Application No. PA96-0106 and Planning Application No. PA96-0107 We have reviewed the above-referenced documents and request consideration of the following comment: It has been mutually discussed that the ultimate plan for State Route 79 (SR 79) in the project area is a six (6) lane, limited-access facility within a 1341 right of way over a new alignment. The City of Temecula should develop policies and procedures to preserve the needed right of way, and maintain and improve the current facility. A Memorandum of Understanding (MOU) between the State of California, DeDartment of Transportation (Caltrans) and the city of Temecula was finalized on November 13, 1995. This MOU serves as a guideline for new development and upgrade or realignment of SR-79. The following excerpts are from this MOU: 1.Route 79 is planned for up to three lanes in each direction for through traffic and up to two lanes in each direction for local circulation. Realignment may be necessary upon future development along Route 79. Mr. Matthew Fagan July 17, 1996 Page 2 2.The City shall hereafter protect the right-of-way for said realignment by limiting development approvals for South Route 79 as follows: a.Intersections will be spaced at 1/4 mile increments and limited access driveways at 1/8 mile spacing from Interstate 15 (I-15) to Anza Road. Concerning drainage, care should be taken when developing this project to preserve and perpetuate the existing drainage pattern of the state highway. Particular consideration must be given to cumulative increased storm runoff to insure that a highway drainage-problem is not created. This project will require an encroachment permit if there is any work, including work pertaining to: access, grading, and drainage, within the State highway right of way; the Department of Transportation would be a responsible agency and may require certain measures be provided as a condition of permit issuance. The developer must obtain an encroachment permit from the District 8 Permits Office prior to beginning work. Their address and phone number are listed below: Encroachment Permits California Department of Transportation P. 0. Box 231 San Bernardino, CA 92402 (909) 383-4536 If you have any questions, please contact Cecil Karstensen at (909) 383-5922 or FAX (909) 383-7934. Sincerely, ROBERT G. HARVEY, Chief Office of Riverside County Transportation Planning and Public Transportation N.-,@, 4 1996 4-29 -- Page I NOV-04-96 MON 05:25 PH ENV@ iENTAL HEALTH FAX NO. P.01 County of Riverside DEPARTMENT OF ENVIRONM[ENTAL REALTjg DATE:November 4,1996 TO:CnT OF TEMECULA ATTN. Matthew Fagan, As@iate P@ FROM- @lohii C. Silva, P.E., Sr. PubJic Health Engineer RE: Paloma Del Sol-F@ Conditions This memo is to respond to the PrOPOncnts lefter of Septerciber 30, 1996 reg@g the use of reclaimed water throughout the project- This topic was brought to the =mtion of your proponent ju our July 16, 1996 memo, (copy attached) In your Imponents response to oUr memo, it ' the project could therefore utilize 343,000 gallons per day of reclaimed water for @gation...... once EMWD @lements its Rancho Non-DomesticWater @bution Sy@. 'Tbe point that n@ to be @ to the proponent is @ "it should be a to r=laimed @r throughout the projece' as noW& S early, 343,000 gallons per day divided by 350 gallons per household per day eq@ to the @valent of the water sa@ of 980 dwelling units or homes- This fresh - @ng water could then be repurified at the, cnt plant and reused WI@ the projea area. Thus, the dmmd to @rt water inM the project area would be e d. Please call me at (909) 275-8990 if you have any questions. ATTACHMENT NO. 2 RESOLUTION NO. 96- R:\STA 106PA%.PCl 11/14/% M 20 ATTAC NO.2 PC RESOLUTION NO. 96-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RECO ING APPROVAL OF PLANNING APPLICATION NO. PA96-0107, CHANGING THE GENERAL PLAN LAND USE DESIGNATION ON PLANNING AREA 2 FROM VERY HIGH DENSITY RESIDENTIAL TO LOW-@RM DENSITY RESIDENTIAL, PLANNING AREA 29A FROM LOW- MEDIIUM DENSITY RESIDENTIAL TO OPEN SPACE/RECREATTON, AND PORTIONS OF PLANNING AREA 1 FROM CO CO CIAL TO HIGH DENSITY RESIDENTIAL AND MOD G FTGURE 2-4 (VILLAGE CENTER 0 Y) OF THE GENERAL PLAN, DEI ETING THE AREA CORRESPONDING TO PLANNING AREA 2 FROM THE VILLAGE CENTER OVERLAY AND ADDING AREAS CORRESPONDING TO PLANNING AREAS 6 AND 37 TO THE VILLAGE CENTER OVERLAY ON PROPERTY GENERALLY LOCATED NORTH OF SR 79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF B LD STAGE ROAD WHEREAS, Newland Associates filed Planning Application No. PA96-0107 (General Plan Amendment) in accordance with the City of Temecula General Plan; WHEREAS, Planning Application No. PA96-0107 (General Plan Amendment) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA96-0107 (General Plan Amendment) on November 18, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA96-0107 (General Plan Amendment); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. R:\STAFFRP'nlO6PA96.PCI 11/14/96 kl 2 1 Sedion 2. Findinp,-,;- The Planning Commission in recommending approval of Planning Application No. PA96-0107 (General Plan Amendment), makes the following findings, to wit: 1 . Planning Application No. PA96-0107 (General Plan Amendment), as proposed, is compatible with the health, safety and welfare of the community. 2. The project is compatible with surrounding land uses. The project consists of amendments to the General Plan Land Use Plan corresponding to Planning Area No. 2 of the Specific Plan from (H) High Density Residential (13-20 dwelling units per acre) to (LM) Low- Medium Density Residential (3-6 dwelling units per acre), Planning Area 29A of the Specific Plan from (LM) Low-Medium Density Residential (3-6 dwelling units per acre) to (OS) Open Space/Recreation, Planning Areas 38 and 39 of the Specific Plan from (CC) Community Commercial to (H) High Density Residential (13-20 dwelling units per acre) and Figure 2-4 (Village Center Overlay) of the General Plan to delete the area corresponding to Planning Area 2 of the Specific Plan and add the areas corresponding to Planning Area 6 and Planning Area 37 of the Specific Plan. Ultimate development of the site will be consistent with the previously approved Specific Plan and adjacent land uses. 3. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 4. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in the City's General Plan Environmental Impact Report or Environmental Impact Report 235 prepared for the Paloma del Sol Project. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 3. Environmental Comi2liance, The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staffs opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Staff is recommending the Commission make a determination R:NSTA 106PA%.@ 11/14/% ki 22 of consistency with a project for which an Environmental Impact Report was previously certified. Section 4. Conditions, That the City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA96-0107 (General Plan Amendment) on property generally located north of SR 79 South, east of @garita Road, south of Pauba Road and west of Butterfield Stage Road. Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996. Linda Fahey, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of November, 1996 by the following vote of the Commission: AYES:PLANNING COMMISSIONERS: NOES:PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONIERS: Debbie Ubnoske, Secretary R:\STA 106PA96.PCI 11/14/% M 23 ATTACHMENT NO. 3 RESOLUTION NO. 96- R:%STAFFRP'nlO6PA96.PCI 11114/96 kib 24 ATTAC NO. 3 PC RESOLMON NO. 96- A RESOLUTTON OF THE PLANNING CO SION OF THE CITY OF TEMEECULA APPROVING PLANNING APPLICATION NO. PA96-0108 (REVISED VESTING TENTATI[VE TRACT MAP NO. 24184) TO REVISE THE SUBDWEION FROM TWO HUNDRED TEN (210) PARCELS INTO 156 PARCELS (136 RESIDENTL4,L AND 20 OPEN SPACE) ON 52.3 ACRES LOCATED WEST OF CAMIPANULA WAY, NORTH OF DEPORTOLA ROAD, EAST OF M[EADOWS PARKWAY AND SOUTH OF LEENA WAY AND KNOWN AS ASSESSORIS PARCEL NUMEBERS 950-020-013 AND 950-020-014 WHEREAS, Newland Associates filed Planning Application No. PA96-0108 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0108 was processed in the time and manner prescribed by State and local law; , the Planning Commission considered Planning Application No. PA96-0108 on November 18, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all facts relating to Planning Application No. PA96-0108; NOW, THEREFORE, THE PLANNING COMM]ISSION OF THE CITY OF TEMIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings, That the Temecula Planning Commission hereby makes the following findings, to wit: R:\STAFF@106PA%.PCI 11/14196 ki 25 1. The proposed land division and the design or improvement of the project is consistent with the City's General Plan and is physically suitable for the type and density of development. The General Plan Land Use designation for the site is Low-Medium Residential (3- 6 dwelling units per acre), with a target density of 4.5 dwelling units per acre). The project proposes one hundred thirty-six (136) residential parcels on 52.3 acres for a density of 3.1 units per acre. This is consistent with the General Plan Land Use designation for the site. 2. The design of the proposed land division or the type of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code, Subdivision and Landscaping Ordumces. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development will occur to City Standards. 3. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from DePortola Road, Meadow Parkway and Leena Way and will not obstruct any easements. 4. Planning Application No. PA96-0108 as proposed, conforms to the logical development of its proposed site, and is compatible with the health, safety and welfare of the community. Section 3. Environmental ComWiance, The City of Temecula General Plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Staff is recommending the Commission make a determination of consistency with a project for which an Environmental Impact Report was previously certified. R:%STA 106PA%.PCl 11/14196 M 26 Section 4. Conditions, That the City of Temecula Planning Commission hereby approves Planning Application No. PA96-0108 to revise the subdivision from two hundred ten (210) parr-els into 156 parcels (136 residential and 20 open space) on 52.3 acres, located west of Campanula Way, north of DePortola Road, east of Meadows Parkway and south of Leena Way and known as Assessor's Parcel Numbers 950-020-013 and 950-020-014, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 5. PASSED, APPROVED AND ADOPTED this 18th day of November, 1996. Linda Fahey, Chairman I HEREBY CERTEFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of November, 1996 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT:PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STAF 106PA96.PM 11/14/96 kh 27 EXHIBIT A CONDITIONS OF APPROVAL R:\STA 106PA96.PCI 11/14/% kk 28 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) Project Description: A revised subdivision of 52.3 acres from 210 parcels into 156 parcels (136 residential and 20 open space) Assessor's Parcel No.: 950-020-013 and 950-020-014 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1 .The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). GeneralRequirements 2.The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA96-0108 (Revised Vesting Tentative Tract Map No. 24184) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 rd =., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applir-ant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAP 106PA%.PCI II/14/% M 29 3.This project and all subsequent projects within this site shall be consistent with the Paloma del Sol Specific Plan No. 219, Amendment No. 5 (or any subsequent amendments). 4.The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 235. 5.The applicant shall comply with all underlying conditions of approval for Vesting Tentative Tract Map No. 24184 unless superseded by these conditions of approval. Prior to Issuance of Grading Permits 6.A copy of the Rough Grading plans shall be submitted and approved by the Planning Director. 7.A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological/archaeological impacts. Should the paleontologist/archaeologist find potential is high for impact to significant resources, a meeting between the paleontologist/archaeologist, Planning Director, and grading contractor prior to the commencement of grading operations and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 8.The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to Recordation of the Final Map 9.The following shall be submitted to and approved by the Planning Director: a.A copy of the Final Map b. A copy of the Rough Grading Plans Prior to Issuance of Building Permits 10.A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation f ees. 11.The following shall be submitted to and approved by the Planning Director: a.Construction landscape glans consistent with the City standards and the approved Conceptual Landscape Plans including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: R:KSTA 106PA%.PCl 11/14/% M 30 i.Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). b.Wall and fence plans consistent with the Conceptual Landscape Plans. C.Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. d.Slope trees shall be a maximum of fifteen gallon in size. e.The Model Home Complex Plot Plan (if applicable) which includes the following: i.Site Plan with off-street parking ii.Construction Landscape Plans iii.Fencing Plans iv.Building Elevations V.Floor Plans vi.Materials and Colors Board 12.The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to Issuance of Occupancy Permits 13.Front yard and slope landscaping within individual lots shall be completed for 14.The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. COMMUNITY SERVICES DEPARTMENT General Requirements 1 5.The dedication of the parkway landscaping, median landscaping, paseo areas and park sites to the City shall be consistent with Development Agreement No. 5, any agreements authorized by the Development Agreement, and in conformance with all applicable TCSD standards. 16.Construction of the public park sites, landscaping, paseos and median landscaping proposed for dedication to the City shall commence as directed by the TCSD following a pre-job meeting with the TCSD Maintenance Superintendent. R:\STA 106PA%.PCI 11/14/% ki 31 1 7.The developer, or successors in interest, shall maintain all park facilities, landscaping, and medians until such time as those responsibilities are accepted by the TCSD. 18.All park facilities intended for transfer to the City 'in-fee' shall be dedicated free and clear of any liens, assessments, or easement that would preclude the City from using the property for public park purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 1 9.Class 11 Bike Lanes shall be provided on site and designed to intercept with the City's Park and Recreation Master Plan. Bike lanes shall be constructed in conjunction with the completion of the street improvements. Priorto the Recordation of the Final Map 20.All parkway landscaping and paseos identified as TCSD maintenance areas shall be offered for dedication on the final map, unless otherwise deferred pursuant to the terms of the Development Agreement. 21.Construction plans for the median landscaping, parkway landscaping, paseos, and park sites proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. 22.The developer shall post security and enter into an agreement to improve the median landscaping, parkway landscaping, paseos, landscaped medians and park facilities proposed for dedication to the City. Prior to the Issuance of Building Permits 23.The developer shall file an application and pay the appropriate monthly service fees for the transfer of arterial and residential street lighting into the TCSD maintenance program. Prior to the Issuance of Certificates of Occupancy 24.It shall be the developer's responsibility to disclose the existence of the Temecula Community Services District and its service level fees and taxes to all prospective purchasers. This disclosure shall be in the format acceptable to the City and filed with the TCSD. R:\STAF 106PA%.PCI 11/14/96 ia 32 OTHER AGENCIES 25.The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated July 23, 1996, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance No. 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 26.The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated July 10, 1996, a copy of which is attached. 27.The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated June 26, 1996, a copy of which is attached. R:\STAFFRM106PA%.PCl 11/14/96 idb 33 DAVID P. ZAPPE 1995 MARKET STREET (teneral Managcr-Chicf EnginecrRIVERSIDE, CA 92501 9091275-1200 909/788-9965 FAX 7829.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department 43174 13usiness Park Drive Temecula, California 92590 Attention:tj iq 7--F 1-4 C- W r/A 6 P N Ladies and Gentlemen: Re:@ 16,? @ACT Map 2- LI I S'@ The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master p an system, and District Area Drainage Plan fees (development mitigatio-n fees). In addition, information of a general nature is provided. The District has not reviewed the proposed pro ' ject in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This pro ' ject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. -This project involves District Master Plan facilities. The District will accept ownership of such facili@s on written request of the City. Facilities must be constructed to District standards, and @istrict plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. -This project proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be consiaerea regional in nature and/or a logical extension of th6-adopted Master Draing-ge Plan. The District wouia consider accepting ownership of such facilities on written reques ofthe Ci Fa-cilities must be constructed to District standards, and Disthct plan check and inspection %Vill be required f%r District acceptance. Plan check, inspection and administrative fees will be required. This project is located within the limits of the District's Area Drainag6 Plan for which drainage fees have been adopted; applicable fees should be paid to the FlooTControl Districf or City prior to final approval of the project, or in t e case of a parcel map or subdivision prior to recordation of the final map. Fees to be paid should be at the rate in effect at the time of recordation, or if deferred, at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require t@e applicant to provide all -studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Ma@R6vision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (L MR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A'Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer c: Date-. Easternmunicipall@- rerdistrict Gme,al M.@ag@ Board #fdiffaory John B. Brudin RMicarhiaon V. AsWcy, P,.id@.t Lrd R. HaU, Vice President Leg.1 Co.wei' Rodger D. Siems Rcd@inc and Sherrill are DtmcTor ofthe,ifttropoijtan W D,Ima of South@ Call famw Secrera Chnrcr C. Gilberi T@@ure, Joseph J. Kucblcr, CPA July 10, 1996 Matthew Fagan Case Planner City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PA96-0108 (TM 24184) - Agency Case Transmittal Dear Mr. Fagan: we have reviewed the materials transmitted by your office which describe the subject project. The subject project has already been submitted by the developer to the District for review. In fact, the District has approved construction drawings for the sewer system improvements (SD-14995 through SD-15507, W.O. 91-368/369). The proposed changes to the number and size of the lots may impact the sewer system improvements. The District will contact the developer or his engineer to further address the changes outlined in your transmittal. Thank you for soliciting our concerns and if you have any questions regarding the above matter, please call me at (909) 766-1810. Sincerely, EASTERN MUNICIPAL WATER DISTRICT Mike Gow, P.E. Civil Engineer Customer Service Department cc: Bob Van Doren, EMWD Project Engineer MAG/mag J:\WORDPRCC\WP\NEW BUSI.ll\GOW\tet24184-796 Mail to: Post Office Box 8300 San Jacinto, California 92581-8300 Telephone (909) 925-7676 Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Annex: 440 E. Oaldand Avenue, Hcmcc, CA Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177 June 26, 1996 J U it4 2 8 Rancho Ansd............. Watr Mr. Matthew Fagan Associate Planner City of Temecula Post Office Box 90')3 Lis- D. Henna. Temecula, CA 92589-9033 Michael R.,Nl@r-filia. p R-Iph H. Daii,- SUBJECT: Water Availability Parcel Map 24184 Cs.b. F, K.A-PNs 950-020-013 and 950-020-014 Planning Application No. PA96-0108 Do.g Kull,@@g L. ',Ii.kl,,Dear Mr. Fagan: G@orgeNl. WoodsPlease be advised that the above-referenced property is located within the I ,John F. H@nnigarboundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements Phillip L. Forbesbetween RCWD and the property owner. The Developer will be required to construct all on-site and off-site water E.P.'13ob" L.mon@ D... t.r @,t facilities required by RCWD including a 20-inch waterline within De Portola Ke.n@th C. De.]N@Road between Meadows Parkway and Carnpanula Wav. The Developer should contact RD@ for fees and requirements. Pe@ R. LouckWater availability would be contingent upon the property owner signing an Linda NI. Frego.oA-encv A(yreement which assi(yns water management rights, if anv, to RCWD. C.Nlich@.el Co, ett Best, l@st & Ki@gerIf you have anv questions, please contact an Engineerin(-y Services Representative. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Develo merit Engineerint-, M@inacyer p wp96iSB:LW:ni.,005/FOI@l/FEF cc:Laurie Williams, Engineering Services Manager ]ranch. Calif.-i;@ Water Di@tri" 121:t5 ATTACHMENT NO. 4 RESOLUTION NO. 96- R:NSTA 106PA%.PCl 11/14/% kh 34 ATTAC NO. 4 PC RESOLUTTON NO. 96- A RESOLUTTON OF THE PLANNING COMM]ISSION OF THE CITY OF TEM[ECULA APPROVING PLANNING APPLICATTON NO. PA96-0114 (VESTING TENTATTVE TRACT MAP NO. 24186) TO REVISE THE SUBDIVISION FROM FOUR HUNDRED SIXTY-ONE (461) PARCELS INTO FOUR HUNDRED TWENTY-FOUR (424) PARCELS (410 RESIDENTIAL AND 14 OPEN SPACE) ON 114.1 ACRES, LOCATED EAST OF MEEADOWS PARKWAY, NORTH OF LEENA WAY, AND WEST OF SUNNY MDEADOWS DRIVE AND KNOWN AS ASSESSORIS PARCEL NO. 950-020-010 THROUGH 950-020-012 AND 950-030-011 WHEREAS, Newland Associates filed Planning Application No. PA96-0114 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; , Planning Application No. PA96-0114 was processed in the time and manner prescribed by State and local law; , the Planning Commission considered Planning Application No. PA96-0114 on November 18, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all facts relating to Planning Application No. PA96-0114; NOW, THEREFORE, THE PLANNING COMMILSSION OF THE CITY OF TEMEECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. FindinLs. That the Temecula Planning Commission hereby makes the following findings, to wit: R:\STAFF@106PA96.PCI 11/14/96 kh 35 1. The proposed land division and the design or improvement of the project is consistent with the City's General Plan and is physically suitable for the type and density of development. The General Plan Land Use designation for the site is Low-Medium Residential (3- 6 dwelling units per acre), with a target density of 4.5 dwelling units per acre). The project proposes four hundred ten (410) residential parcels on 141.1 acres for a density of 2.9 units per acre. This is consistent with the General Plan Land Use designation for the site. 2. The design of the proposed land division or the qw of improvements are not likely to cause serious public health problems. The project has been reviewed for conformance with the City's General Plan, Development Code, Subdivision and Landscaping Ordinances. The project is consistent with these documents and conditions of approval have been placed on the project accordingly to assure that the development win occur to City Standards. 3. The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. The project will take access from Meadows Parkway and Leena Way, and will not obstruct any easements. 4.Planning Application No. PA96-0114 as proposed, conforms to the logical development of itsproposed site, and is compatible with the health, safety and welfare of the community. Section 3. Environmental Coml2liance, The City of Temecula General Plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Staff is recommending the Commission make a determination of consistency with a project for which an Environmental Impact Report was previously certified. Section 4. Conditions- That the City of Temecula Planning Commission hereby approves Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186 to revise the subdivision from four hundred sixty-one (461) parcels into four hundred twenty-four (424) parcels (410 residential and 14 open space) on 114.1 acres, located east of Meadows Parkway, R:\STA 106PA%.PCI 11/14/% Ub 36 north of Leena Way, and west of Sunny Meadows Drive and known as Assessor's Parcel No. 950- 020-010 through 950-020-012 and 950-030-011, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereol Section 5. PASSED, APPROVED AND ADOPRM this 18th day of November, 1996. Linda Fahey, Chairman I HEREBY CERT.EFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of November, 1996 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING CONMSSIONERS: ABSENT:PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\STA 106PA%.PCI 11/14/% ldb 37 EXHIBIT A CONDITIONS OF APPROVAL R:NSTAP 106PA%.@ 11/14/96 ia 38 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) Project Description: A revised subdivision of 114.1 acres from 461 parcels into 424 parcels 1410 residential and 14 open space) Assessor'3 Parcel No.: 950-020-010 through 950-020-012 and 950-030-011 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1 .The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition. General Requirements 2.The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of itsofficers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA96-0114 (Revised Vesting Tentative Tract Map No. 24186) is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 el=., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STA 106PA%.PCI 11/14/% kh 39 3.This project and all subsequent projects within this site shall be consistent with the Paloma del Sol Specific Plan, Amendment No. 5, or subsequent amendments. 4.The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 235. 5.The applicant shall comply with all underlying conditions of approval for Vesting Tentative Tract Map No. 24186 unless superseded by these conditions of approval. Prior to Issuance of Grading Permits 6.A copy of the Rough Grading plans shall be submitted and approved by the Planning Director. 7.A qualified paleontologist/archaeologist shall be chosen by the developer for consultation and comment on the proposed grading with respect to potential paleontological/archaeological impacts. Should the paleontologist/archaeologist find potential is high for impact to significant resources, a meeting between the paleontologist/archaeologist, Planning Director, and grading contractor prior to the commencement of grading operations and the excavation and grading contractor shall be arranged. Mitigation measures shall be approved by the Planning Director and included in a Mitigation Monitoring Program. When necessary, the paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 8.The applicant shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to Recordation of the Final Map 9.The following shall be submitted to and approved by the Planning Director: a.A copy of the Final Map b. A copy of the Rough Grading Plans Prior to Issuance of Building Permits 10.A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Planning Department to ensure the payment or exemption from School Mitigation f ees. 11.The following shall be submitted to and approved by the Planning Director: a.Construction landsr-.ql2e plans consistent with the City standards and the approved Conceptual Landscape Plans including automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: R:\STA 106PA%.PCI 11/14/96 ki 40 i.Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). ii.All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. iii.Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. iv.Hardscaping for the following: (1)Pedestrian trails within private common areas (2)Equestrian trails V.The height, location and the following materials for all walls and fences: (1)Decorative block for the perimeter of the project adjacent to a Public Right-of-Way equal to sixty-six (66) feet or larger and the side yards for corner lots. ' (2)Wrought iron or decorative block and wrought iron combination to take advantage of views for side and rear yards. (3)Wood fencing shall be used for all side and rear yard fencing when not restricted by a and b above. b.Wall and fence plans consistent with the Conceptual Landscape Plans. C.Slope trees shall be a maximum of fifteen gallons in size. d.Precise grading plans consistent with the approved rough grading plans including all structural setback measurements. e.The Model Home Complex Plot Plan (if applicable) which includes the following: i.Site Plan with off-street parking ii.Construction Landscape Plans iii.Fencing Plans iv.Building Elevations V.Floor Plans vi. Materials and Colors Board R:\STA 106PA96.PCI 11/141% iA 41 12.The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. Prior to Issuance of Occupancy Permits 13.Front yard and slope landscaping within individual lots shall be completed for 14.The applicant shall demonstrate by a written report that all mitigation measures identified in the Mitigation Monitoring Program have been satisfied for this stage of the development. TEMECULA COMMUNITY SERVICES DEPARTMENT General Requirements 15.The dedication of the parkway landscaping, median landscaping, paseo areas and park sites to the City shall be consistent with Development Agreement No. 5, any agreements authorized by the Development Agreement, and in conformance with all applicable TCSD standards. 16.Construction of the public park sites, landscaping, paseos and median landscaping proposed for dedication to the City shall commence as directed by the TCSD following a pre-job meeting with the TCSD Maintenance Superintendent. 17.The developer, or successors in interest, shall maintain all park facilities, landscaping, and medians until such time as those responsibilities are accepted by the TCSD. 18.All park facilities intended for transfer to the City 'in-fee" shall be dedicated free and clear of any liens, assessments, or easement that would preclude the City from using the property for public park purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 19.Class 11 Bike Lanes shall be provided on site and designed to intercept with the City's Park and Recreation Master Plan. Bike lanes shall be constructed in conjunction with the completion of the street improvements. Prior to the Recordation of the Final Map 20.All parkway landscaping and paseos identified as TCSD maintenance areas shall be offered for dedication on the final map, unless otherwise deferred pursuant to the terms of the Development Agreement. 21.Construction plans for the median landscaping, parkway landscaping, paseos, and park sites proposed for dedication to the City shall be reviewed and approved by the Director of Community Services. 22.The developer shall post security and enter into an agreement to improve the median landscaping, parkway landscaping, paseos, landscaped medians and park facilities proposed for dedication to the City. R:%STA 106PA%.PCI 11/14/% kh 42 Prior to the Issuance of Building Permits 23.The developer shall file an application and pay the appropriate monthly service fees for the transfer of arterial and residential street lighting into the TCSD maintenance program. Prior to the Issuance of Certificates of Occupancy 24.It shall be the developer's responsibility to disclose the existence of the Temecula Community Services District and its service level fees and taxes to all prospective purchasers. This disclosure shall be in the format acceptable to the City and filed with the TCSD. OTHER AGENCIES 25.The applicant shall comply with the flood control recommendations outlined in the Riverside County Flood Control District's letter dated July 23, 1996, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance No. 460, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to issuance of Occupancy Permits. 26.The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated July 10, 1996, a copy of which is attached. 27.The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated June 26, 1996, a copy of which is attached. R:\STAF 106PA%.PCI 11/14/% iab 43 DAVID P. ZAPPE 1995 MARKET STREET General Manager-Chicf f@-ngincerRIVERSIDE, CA 92501 9091275-1200 909/788-9965 FAX 7829.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department 43174 Business Park Drive Temecula, California 92590 Aftention: fVlf)T-FHCbJ f@6t9/\/ Ladies and Gentlemen: Re: Ptq NO '?6 -,5 //@ TR, C-F @ P The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District-comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigatio-n fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any wa constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public healt@ and safety or any other such issue: This pro ' ject would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. -This project involves District Master Plan facilities. The District will accept ownership of such facili@s on written r&quest of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees w-ill be required. -This proje@t proposes channels, storm drains 36 inches or larger in diameter, or other facilities that could be consiaerea regional in nature and/or a logical extension of the adopted Master Draing-qe Plan. The District would consider accepting own6rship of such facilities on written request ofthe Ci Fa-cilities must be constructed to District standards, and Disfiict plan check and inspection Vill be required%r District acceptance. Plan check, inspection and administrative fees will be required. This project is located within the limits of the District's Area Drain@d Plan for which drainage fees have been adopted; applicable@ees should be id to the Floo@ontrol Districf or City prior to final a al of the project, . or in the case of a parcel map or subdivision prior to ov recordation of the finalmap. @eres to be paid should be at the rate in effect at the time of recordation, or if deferred, at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recor7dation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should requ.ire the applicant to provide all -studies, calculations, plans and other information required to me6t FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or ma ped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601ilnt from the California Department of Fish and Game and a Clean Water Act Section 404 Permit fromCorps of Engineers, or written correspondence from these agencies indicating the project is exempt frcrements. A Clean Water Act Section 401 Water Quality C6-rtification may be required from the localonal Water Quality Control Board prior to issuance of the Corps 404 permit, Very truly yours, @% -2 r@ -A T STUART E. MCKIBBIN Senior Civil Engineer c: Date: -7 -5KM - Eastern Municipal iterdistrict Gcnemi Manager John B. Brudin Bmni Legal Counstl Redwine 2nd Sherrifl Dirreto, ofthe Afetropohran Wat@ Dtirnct of Southern C.Ift@. Chnier C. Gilbert Tre@are, Joseph J. Kucblcr, CPA July lo, 1996 Matthew Fagan Case Planner City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PA96-0114 (TM 24186) - Agency Case Transmittal Dear Mr. Fagan: We have reviewed the materials transmitted by your off ice which describe the subject project. The subject project has already been submitted by the developer to the District for review. In fact, the District has approved construction drawings f or the sewer system improvements (SD-15561 through SD-15566, W.O. 91-380/384). The proposed changes to the number and size of the lots may impact the sewer system improvements. The District will contact the developer or his engineer to further address the changes outlined in your transmittal. Thank you for soliciting our concerns and if you have any questions regarding the above matter, please call me at (909) 766-1810. sincerely, EASTERN MUNICIPAL WATER DISTRICT Mike Gow, P.E. Civil Engineer Customer Service Department cc: Corey Wallace, EMWD Project Engineer MAG/mag J:\WORDPROC\WP\NEW BUSI.ll\GOW\tet24186.796 Mail to: Post Office Box 8300 San Jacinto, California 92581-8300 Telephonc (909) 925-7676 Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Anncx: 440 E. Oakland Avenuc, Hemet, CA Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177 June 26, 1996 Wa@r Mr. Matthew Fagan Associate Planner City of Temecula Post Office Box 903') Li.. D. He,-an Temecula, CA 925S9-9033 Ralph H. D4.il,, SUBJECT: Water Availability - Parcel Map 24186 APNs 950-020-010, 950-020-011, 950-020-012, and 955-030-011 C..b. F. Ko Planning Application No. PA96-0114 1)..g K.Iberg Dear Mr. Fagan: George M. Woods Please be advised that the above-referenced property is located within the John F. Hennigarboundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements Phillip L. Forbesbetween RCWD and the property owner. E. P. "Bob" Lemon-@The Developer will be required to construct all on-site and off-site water L)@...facilities required by RCWD. The Developer should contact RDWD for fees K@..eth C. Dea]Nand requirements. Pe@' R. L..@k tWater availability WOLI Id be contingent upon the property owner signing an Lind. .1. Frego@.A-encv Agreement which assigns water management ri(yhts, if anv, to RCWD. C. @llicha,i C.@etEIf you have anv questions, please contact an Engineering Services Best. Rest & KriegerRepresentative. Sincerely, RANCHO CALIFORNIA WATER DISTRICT J @l@l 2 8 1996 Steve Brannon, P.E. Development Engl'neerincT Manager wp96/SB:LW:ni-.006/FOI2@F cc:Laurie Williams, Engineering Services Manager lia,,@ho Czilifomii, Water Di,ti-i@t ATTACHMENT NO. 5 INITIAL ENVIRONMENTAL STUDY R:\STA 106PA96.PCI 11/14/% M 44 CITY OF TEM[ECULA Environmental Checklist 1. Project Title: City of Temecula General Plan Amendment and Paloma del Sol Specific Plan Amendment 2. Lead Agency Name and Address: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 3. Contact Person and Phone Number: Matthew Fagan, (909) 694-6400 4. Project Location: South of Pauba Road, east of Margarita Road, north of SR79 South and west of Butterfield Stage Road 5. Project Sponsor's Name and Address: Cal-Paloma del Sol, LLC c/o Newland Associates, Inc. 9404 Genesee Avenue, Suite 230 La Jolla, CA 92037 6. General Plan Designation: Various, see attached General Plan Land Use Plan 7. Zoning: SP (Specific Plan) 8. Description of Project: The project consists of a General Plan Amendment and a Specific Plan Amendment. The General Plan Amendment is required to be processed concurrent with the Specific Plan Amenchnent due to proposed changes to land use designations within the Specific Plan. Overall units wi@ the Specific Plan will decrease by 20 units (from 5,604 unitsto5,584units). This@tialStudywillbeconducted using the previously Certified Environmental Impact Report (EIR) and EIR Addendum as baselines for the analysis. 9. Surrounding Land Uses and Setting: North: Single-family residences South:Vacant East: Single-family residences and vacant West:Single-family residences; Arco AM/PM 10.Other public agencies whose approval is required: Riverside County Fire Department, Rancho California Water District Eastem Municipal Water District, California Department of Transportation, Temecula Valley Unified School District, Riverside County Health Department, Riverside County Flood Control and Water Conservation District R:\STA 106PA%.PCI 11/14/% M 45 Os -M LM LM LM p LM m LM LM m LM VL VL Os Os 0 LM LM 0 LM LM Os @o s@ p p m VL LM L This Initial Enviromnental Study has been prepared to compare the impacts of the proposed General Plan Amendments and the Specific Plan Amendments to the original General Plan EIR and Specific Plan ER Only those environmental impacts beyond those identified in the original environmental documentation will be discussed here. ENVIRONMENTAL FACRORS POTENTIALLY AFFECRED: The envirormnental factors checked below would be potentially affected by this project, involv' at least one mg impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning [ Hazards Population and Housing [ Noise Geologic Problems [ Public Services Water [ Utilities and Service Systems Air Quality [ Aesthetics Transportation/Circulation [ Cultural Resources Biological Resources [ Recreation Energy and Mineral Resources [ Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation, I fmd that the proposed project MAY have a significant effect(s) on the enviromn@ but si@cant effects have been adequately analyzed 'in an earlier document pursuant to applicable legal standards and have been by nutigabon mm= based on the earlier analysis. No further analysis is required. R:KSTA 106PA%.PCI 111141% M 46 ISSUES AND SUPPORTING INFORMATION SOURCES 1. LAND USE AND PLANNING. Would the proposal: a . Coriflict with general plan designation or zoning? b.Conflict with applicable cnviromncntal plans or policies adopted by agencies with jurisdiction over the project? c.Be incompatible with existing land use in the vicinity? d.AfFect agricultural resourres or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? c.Disrupt or divide the physical wtangeinent of an established community (mcludmg low-mcome or mmority community)? 2.POPUILATION AND HOUSING. Would be proposal: a.Cumulatively exceed official regional or local population projects? b.Induce substantial growth in an area either directly or indirectly (e.g. @ough project in an undeveloped area or extension of major infrastructure)? c.Displace existing housing, especially affordable housing? 3.GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving? a.Fault rupture? b.Sei@c ground shaking? c.Seismic ground failure, including liquefaction? d.Seiche, tsunami, or volcanic hazard? e.Landslides or mudflows? fErosion, changes in topography or unstable soil conditions form excavation, grading or fill? g.Subsidenre of the land? h.Expansive soils? i. Unique geologic or physical features? R:@STA 106PA%.PCI 11/14/% @ 47 P Significmt P@any Uniew Ie= Than SignificW Mitigafion Significazrt No impact [XI I I I pq I I pq [ pq [ pq [ I)q I I pq I I I pq I pq [ IN [ I)q I pq p y Sipfficalt P ly Unl= L4= Sigftifi@ Mitigation si@cant No ISSUES AND SUPPORTING INFORMA'NON SOURCES 4.WATER. Would the proposal result in: a.Changes in absorption rates, drainage pattems, or the rate and mount of surface nmoff? b.Exposure of people or property to water related hazards such as flooding? [XI c.Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d.Changes in the amount of surface water in any water body? I I pq e.Changes in currents, or the course or direction of water movements? fChange in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g.Altered direction or rate of flow of groundwater? h.Impacts to groundwater quality? i.Substantial reduction in the amount of groundwater otherwise available for public water supplies? I I pq 5.AER QUALffY. Would the proposal: a.Violate any air quality standard or contribute to an existing or projected air quality violation? b.Expose sensitive receptors to pollutants? C.Alter air movement, moisture or temperature, or cause any change 'm climate? d.Create objectionable odors? 6.TRANSPORTATION/CERCULATION. Would the proposal result in: a. Increase vehicle trips or traffic congestion? Ix h.Hazardstosafetyfromdesignfeatures(e.gsharpcurves or dangerous intersection or incompatible uses)? c.Inadequate emergency access or access to nearby uses? R:\STA 106PA96.@ 11/14/96 M 48 Potcntially Sipfficant P@any Union Than Sipffic&M Mitiglktion sipfficaut No ISSUES AND SUPPORTING INFORMATION SOURCES d.Tnqiifficient parking capacity on-site or off-site? e.Hazards or barriers for pedestrians or bicyclists? fConflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g.Rail, waterbome or air traffic impacts? 7.BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a.Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)? I I pq b. Locally designated species (e.g. heritage trees)? pq c.Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d. Wetland habitat (e.g. marsh, riparian and vernal pool)? [XI e.Wildlife dispersal or migration corridors? 08.ENERGY AND MINERAL RESOURCES. Would the proposal: a.Conflict with adopted energy conservation plans? b.Use non-renewal resources 'in a wasteful and inefficient manner? pq c.Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9.HAZARDS. Would the proposal involve: a.A risk of arcidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? pq b.Possible interference with an emergency response plan or emergency evacuation plan? pq c.The creation of any health hazard or potential health hazard? pq R:\STA 106PA96.PCI 11/141% kb 49 Potentially Significwt P y Unlen Than sip&lcant mitigation Sipfficant No ISSUES AND SUPPORTING INFORMATION SOURCES d.Exposure of people to existing sources of potential health hazards? e.Increase fire hazard in areaswith flammable brush, grass, or trees? 10.NOISE. Would the proposal result in: a. Increase in existing noise levels? pq b. Exposure of people to severe noise levels?I I f I 11.PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a. Fire protection? I pq b. Police protection? I)q c. Schools? I)q d. Maintenance of public facilities, including roads? f I pq e.Other governmental services? 12.UTELITILES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? I I pq b.Communications systems? c.Local or regional water treaanent or distribution facilities? I I pq d. Sewer or septic tanks? I I pq e. Storm water drainage? N f Solid waste disposal? 13q g. Local or regional water supplies? I pq 13.AESTHETICS. Would the proposal: a.Affect a scenic vista or @c highway? b.Have a demonstrable negative aesthetic effect? R:kSTAFFRP'nlO6PA96.PCI 11114/% kb 50 P significud P@afly Unless Lew Than Significant Mitigation Sipfficant No ISSUES AND SUPPORTING INFORMAT10N SOURCES impact In@rated c.Create light or glare? 14.CULTURAL RESOURCES. Would the proposal: a.Disturb paleontological resources? b.Disturb archaeological resources? c.Affect historical resources? d.Have the potential to cause a physical change which would affect unique ethnic cultural values? e.Restrict existing religious or sacred uses within the potential impact area? 15.RECREATION. Would the proposal: a.Increase the demand for neighborhood or regional parks or other recreational facilities? I I pq b. Affect existing recreational opportunities? I I pq 16.MANDATORY FINDINGS OF SIGNMCANCE. a.Does the project have the potential to degrade the quality of the environznent, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the'range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b.Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c.Does the project have 'unpacts that area individually limited, but ctunulatively considerable? ('Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). pq d.Does the project have environmental effects which win cause substantial adverse effects on human beings, either directly or indirectly? pq R:\STA 106PA%.PCl 11114/% IM 51 17.EARLIER ANALYSES. The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years @ the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff's opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental envirorumental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no @er environmental analysis is required. Staff is recommending the Commission make a determination of consistency with a project for which an Envirorunental Impact Report was previously certified. R:%STA 106PA%.PCI 11114/% ki 52 ATTACHMENT NO. 6 EXHIBITS R:\STA 106PA%.PCI 11/141% M 53 CITY OF TEMECULA PLANNING APPLICATION NO. PA96-0106 EXHIBIT A PLANNING COMMISSION DATE: NOVEMBER 18,1996 o@ o@ VICINITY MAP CITY OF TEMECULA PLANNING APPLICATION NO. PA96-0108 EXHIBIT B PLANNING COMMISSION DATE: NOVEMBER 18,1996 VICINITY MAP CITY OF TEMECULA -N, PLANNING APPLICATION NO. PA96-0114 EXHIBIT C PLANNING COMMISSION DATE: NOVEMBER 18,1996 ITE VICINITY MAP CITY OF TEMECULA 'I 27 3 0 32 33 29 26 20 16 'Pk 23 r 21 22 16 24 17 15 14 13 % 10 6 37 5 ED- 4 2 ..AC 3,A=. CASE NO: N/A EXHIBIT D SPECIFIC PLAN LAND USE MAP (AMENDMENT NO. 4) PLANNING COMMISSION DATE: NOVEMBER 18,1996 CITY OF TEMECULA 28 mEtHuAd 11 7 DU, 31 30 32 IL IMG SCHIL SC140OLY MEDIUM j 33 2o.0 AC. 67DAC. MEDIUM IO.DAr-. 29B -it r SCW)OL 37.0 AC, 165 DU, 0.0 AC 26 @l MEDIUM ou 30@O AC. EDIUM A ci , 149 DU. u 32,D AC. 146 D(J. 23 MEDIUM GH -. Alcl. 22 21 MEDIUMMGH 363 DLJ, J EDRJU FIGH 64.0 AC. 4 0 362 AC. 352 DU. 202 DU. 16 24 MEDIUM I*r.H 492 AC NEJMQOR GOD PARK I-, 4y 2-9" 25 271 DLJ. 17 ^O- MEDIUM 1-@ 1.6ill.AC MEDIUM 73D AC. 5 325 DIJ. MEDIUM ICGH 17.0 AC, 93 DU- @,r@ I i4 MEDIUM t 49D AC. 230 EXJ. ME[ 12 PARK/ MEDIUM REC. AREA 89.0 AC 400 DU 4 ELELT SCW)OL 7) 9 IO.DAC, MEDIUM -0 10 ".D AC. MEDIUM ELEkt SCHOOL. 135 DIJ. 78DAC. 35i 6 VERY NGH ,@37 363 AC. 5 NBGHBORHOOD 590 DU@ MEDIUM NGH 35.5 AC. 36 155 DU. MOGNOORHOOD 3 CC>M ERCIAL MEDIUM NGH U 48.0 AC. 4 2.5 AC. 2 MEDIUM 255 DU. CO#AMUNTTMEIGHBOR MEDIUM GH 40.0 AC. 1 Ss Du. I COULTERCJAL VERYI*GH 20.0 ACM I i.0 AC IIGDTJ. 21.3 AC PLANNINGAPPLICATION NO. PA96-0106 EXHIBIT E SPECIFIC PLAN LAND USE MAP (AMENDMENT NO. 5) PLANNING COMMISSION DATE: NOVEMBER 18,1996 CITY OF TEMECULA LM LM LM LM LM VL p TC m EXISTING GENERAL PLAN LAND USE PLAN LM LM LM LM VL 0 TC s PLANNING APPLICATION NO. PA96-0107 EXHIBIT F GENERAL PLAN LAND USE PLAN AMENDMENT PLANNING COMMISSION DATE: NOVEMBER 18, 1996 CITY OF TEMECULA VL LM LM VL ro s@ LM LM LPvl I m LM Lm LM EXISTING GENER LL PLAN LAND USE PLAN ,M VL LM Os p LM VL LM LM LM LM LN LM LM PLANNING APPLICATION NO. PA96-0107 EXHIBIT G GENERAL PLAN LAND USE PLAN AMENDMENT PLANNING COMMISSION DATE: NOVEMBER 18,1996 CITY OF TEMECULA EXISTING VILLAGE CENTER OVERLAY WIN! vowed PLANNING APPLICATION NO. PA96-0107 EXHIBIT H VILLAGE CENTER OVERLAY AMENDMENT PLANNING COMMISSION DATE: NOVEMBER 18,1996 CITY OF TEMECULA SP ISPECIFic F@ VACANT SP (SPECIFIC P@JJ) VACANT PLANNINGAPPLICATION NO. PA96-0108 EXHIBIT I REVISED VESTING TENTATIVE TRACT MAP NO. 24184 PLANNING COMMISSION DATE: NOVEMBER 18,1996 R:\STAFFRP7'\106PA96.PCI 11113/96 mf CITY OF TEMECULA 4r. PLANNING APPLICATION NO. PA96-0114 EXHIBIT J REVISED VESTING TENTATIVE TRACT MAP NO. 24186 PLANNING COMMISSION DATE: NOVEMBER 18,1996 R:kSTAFFRP'nlO6PA96.PCI 11/13/% mf ATTACHMENT NO. 7 SPECIFIC PLAN TEXT (PLANNING APPLICATION NO. PA96-0106) Included under separate cover R:WAFF@106PA96.PM 11114/% Ub 54 ATTACHMENT NO. 8 SPECIFIC PLAN ORDINANCE (PLANNING APPLICATION NO. PA96-0106) Included under separate cover R:WA 106PA96.PCI 11114/% k% 55 ITEI\4 17 APPROVAL CITY ATTORNEY DIRECTOR OF Fi@E CITY MANAGER r, CITY OF TEMECULA AGENDA REPORT TO:City Council/City Manager FROM:Anthony J. Elmo, Chief Building Official@L.-- DATE:December 10, 1996 SUBJECT:Ordinance Amending Title 15, of the Temecula Municipal Code for Shutoff Valves and Electrical Vehicle Charging System Equipment RECOMMENDATION:That the City Council: 1 .Conduct a Public Hearing to receive public comment regarding proposed modifications to Chapter 15.04, Construction Codes, of the Temecula Municipal Code. 2. Approve the first reading of Ordinance No.96- entitled: ORDINANCE NO. 96 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE TEMECULA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING STANDARDS FOR THE INSTALLATION OF SEISMIC GAS SHUTOFF VALVES AND ELECTRICAL VEHICLE CHARGING SYSTEM EQUIPMENT DISCUSSION: In response to direction from the City Council, the Building and Safety Department is proposing two (2) amendments to Chapter 15.04, of the Municipal Code. In response to the City Councils' commitment to maintaining a safe community, staff is proposing new standards for seismic gas shutoff valves and their installation within the City. Further, in support to the City Councils' involvement in the Western Riverside Quick Charge Partnership, and recent legislation and adoption by the Building Standards Commission of standards for the establishment and installation of electrical vehicle charging facilities, staff is proposing the adoption of those standards along with a requirement for the installation of provisions for future installation of charging facilities in single family dwellings. FISCAL IMPACT: None R:\brockmei@staffl.ipt ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMIECULA, CALIFORNIA, AMIENDING TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE TEMECULA MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING STANDARDS FOR THE INSTALLATION OF SEISMIC GAS S]EIIUTOFF VALVES AND ELECTRICAL VEHICLE CHARGING SYSTEM EQUIPMENT The City Council of the City of Temecula does ordain as follows: Section 1: The City Council of the City of Temecula does hereby amend Title 15, Buildings and Construction, of the Temecula Municipal Code with certain amendments as follows: 15.04.030, Uniform Building Code The following amendments, additions and deletions are made to the Uniform Building Code, 1994 edition, adopted by this chapter. F. Section 206 is amended by adding the following: Electric Vehicles. Any automotive-type vehicle for highway use, such as passenger automobiles, buses, trucks, vans, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. For the purpose of this article, electric motorcycles and similar type vehicles and off-road self-propelled electric vehicles such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats and the like, are not included. G.Section 208 is amended by adding the following: Garageor portion thereof in which a motor vehicle containing flammable or combustible liquidsor gas in its tank or an electric vehicle with a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current is stored, repaired, charged (electric vehicles only) or kept. H.Section 304 is amended by adding the following: 304.2.2Special Provisions 304.2.2.5 Electric Vehicle Charging. R:\brockmei\newcode.96 In parking garages with an area used for charging electric vehicles, equipment shall be installed in accordance with the Electrical Code. Ventilation, if required by Section 1202.2.8, shall be provided. 304.8Special Hazards. 304.8.1 In private garages used for charging electric vehicles, ventilation shall be provided in accordance with Table 12-A. Exception:1. Ventilation shall not be required in areas with sufficient natural ventilation or other engineered ventilating system approved by the building official which maintains a gas-air mixture which is less than 255 of the lower flammability limit. Exception:2. Additional mechanical ventilation for hydrogen gas shall not be required where the charging equipment is installed and approved as suitable for indoor charging of electric vehicles. 304.9Open Parking Garages. 304.9.1 Electric Vehicle Charging. In open parking garages with an area used for charging electric vehicles, equipment shall be installed in accordance with the Electrical Code. 312.8 Electric Vehicle Charging. In private garages used for charging electric vehicles, equipment shall be installed in accordance with the Electrical Code. Ventilation, if required by Section 304.8. 1, shall be provided. 1.Section 1202 is amended by adding the following; 1202.2.2.1 Electric Vehicle Charging. In Group S, Division 4 parking garages with an area used for charging electric vehicles, ventilation shall be provided in accordance with Section 1202.2 or Table 12-A, whichever is greater. Exception:1. Ventilation shall not be required in areas with an engineered ventilating system approved by the building official which maintains a gas-air mixture which is less than 25 % of the lower flammability limits. Exception:2. Additional mechanical ventilation for hydrogen shall not be required where the charging equipment is installed and approved as suitable for indoor charging of electric vehicles. R:\brockmei\newcode.96 2 15.04.050 Unifonn Plumbing Code The following amendments, additions and deletions are made to the Uniform Plumbing Code, 1994 edition, adopted by this chapter: F. Section 1202.9 is amended by adding the following: Downstream of Gas Utility - that portion of a gas piping which is away from the gas utility meter and is on the user or customer side of the meter serving a building or structure. 1202.9.2 Residential Building - any single family dwelling, duplex, apartment building, condominium, town house, lodging house, congregate residence, hotel, or motel. 1202.9.3 Seismic Gas Shutoff Valve - a system consisting of a seismic sensing means and actuating means designed to automatically actuate a companion gas shutoff means installed in a gas piping system in order to shut off the gas downstream of the location of the gas shutoff means in the event of a severe seismic disturbance. The system may consist of separable components or may incorporate all functions in a single body. The terms "Seismically Activated Gas Shutoff Valves" and "Earthquake Sensitive Gas Shutoff Valves" are synonymous. 1211.6.1 The installation of Seismic Gas Shutoff Valves shall comply with the following requirements: 1. Be installed by a contractor licensed in the appropriate classification by the State of California. Exception:Seismic gas shutoff valves may be installed by a gas utility provided a permit is obtained and the valves are installed and approved in accordance with this section 2.Be mounted rigidly to the exterior of the building or structure containing the fuel gas piping. Exception:This requirement need not apply if the Building Department determines that the seismic gas shutoff valve has been tested and listed for an alternate method of installation. 3.Be listed by an approved testing laboratory and certified by the Office of the State Architect. R:\brockmei\newcode.96 3 4.Be approved by the Building and Safety Department. 5.Have a thirty year warranty which warrants that the valve is free from defects and will continue to properly operate for thirty years from the date of installation. 6.Where seismic gas shutoff valves are installed as required by this section, they shall be maintained for the life of the building or structure or be replaced with a valve complying with the requirements of this section. 7.In addition to complying with all requirements of Standard 12-23-1 of Chapter 12-23 of the California State Referenced Standards Code, the following requirements shall be met in lieu of those noted in State Standard 12-23-125, b2 and b3: A.A peak acceleration of 0.2g with a period of vibration of 0.4 second; and; B.A peak acceleration of 0. 2g with a period of vibration of 1. 0 second 15.04.100National Electric Code Thefollowing amendments, additions and deletions are made to the National Electric Code, 1993edition, adopted by this chapter: E.Section 625 is amended by adding the following: Section E: Special Equipment A. General Section 625.1 Scope. The provisions of this article cover the electrical conductors and equipment external to an electric vehicle that connect an electric vehicle to a supply of electricity by conductive or inductive means, and the installation of equipment and devices related to electric vehicle charging. R:\brockmei\newcode.96 4 Section 625.2 Definitions. Electric Vehicle: An automotive-type vehicle for highway use, such as passenger automobiles, buses, trucks, vans and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. For the purpose of this article, electric motorcycles and similar type vehicles and off- road self-propelled electric vehicles such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats and the like, are not included. Section 625.4 Voltages. Unless other voltages are specified, the nominal AC system voltages of 120, 120/240, 208Y/120, 240, 480Y/277, 480, 600Y/347 and 600 volts shall be used to supply equipment covered by this article. B. Wiring Methods Section 625.9. Electric Vehicle Connectors. The electric vehicle connectors shall comply with (a)through (e) below. (a)New Group R, Division 1, Group R, Division 3 and new or additions to Group U Occupancies shall be required to provide a minimum 3/4" flexible metal conduit from the electrical service to an appropriate metal junction box at an appropriate location on the garage firewall or similar location approved by the Building Official. Such junction box shall be clearly identified by permanent marking of its intended use for the installation of electrical vehicle charging equipment. (b) The electric vehicle connectors shall be polarized and shall have a configuration that is noninterchangeable with receptacles in other electrical systems. Approved electric vehicle connectors protected by a system of double insulation or its equivalent in accordance with Article 250 shall be noninterchangeable with grounding type electric vehicle connectors. 'O The electric vehicle connectors shall be constructed and installed so as to guard against inadvertent contact by persons with parts made live from the electric vehicle supply equipment or the electric vehicle batteries. (d) The coupling of the electric vehicle connector and inlet shall be provided with a positive means to prevent unintentional disconnection. (e) An electric vehicle supply connector shall be provided with a grounding pole that shall be the first to make and the last to break contact with the mating inlet. Exception:Electric vehicle connectors protected by an isolated system or its equivalent in accordance with Article 250. R:\brockmei\newcode.96 5 C. Equipment Construction Section 625.13. Electric Vehicle Supply Equipment. This equipment shall be permitted to be fastened in place or cord-and-plug-connected. The equipment shall have no exposed live parts. Section 625.14 Rating. Electric vehicle equipment shall have sufficient rating to supply the load served. For the purposes of this article, electric vehicle charging loads shall be considered to be continuous loads. Section 625.15 Markings. The electric vehicle supply equipment shall be marked: "For Use With Electrical Vehicles." Section 625.16. Means of Coupling. The means of coupling to the vehicle shall be either conductive or inductive. Attachment plugs, cord connectors, couplings, and inlets shall be approved for purpose intended. Section 625.17 Cable. The electric vehicle supply equipment cable shall be type EV, EV, EVE, EVE, E.T., or EVJT flexible cable as specified in Article 400 and Table 400-4. Ampacities shall be as specified in Table 400-5(A) for No. 10 and smaller and Table 400-5(B) for No. 8 and larger. The overall length of the cable shall not exceed 25 feet (7.625m) and installed without mid-cord couplings. Other cable types and assemblies approved as being suitable for the purpose including optional hybrid communication, signal, and optical fiber cables shall be permitted. Section 625.18. Interlock. Electric vehicle supply equipment shall be provided with an interlock that de-energizes the electric vehicle connector and its cable whenever the electric connector is uncoupled from the electric vehicle. Exception:Portable cord-and plug-connected electric vehicle supply equipment for connection to receptacle outlets rated at 125 volts, single phase, 15 and 20 amperes. Section 625.19. Automatic De-energization of Cable. The electric vehicle supply equipment or the cable/connector combination of the equipment shall be provided with an automatic means to degenerize the cable conductors and electric vehicle connectors upon exposure to strain which could result in either cable rupture or separation of the cable from the electric connector and exposure to live parts. Exception:Portable cord-and plug-connected electric vehicle supply equipment for connection to receptacle outlets rated at 125 volts, single phase, 15 and 20 amperes. R:\brockmei\newcode.96 6 Section 625.21. Over current Protection. Over current protection for feeders and branch circuits supplying electric vehicle supply equipment shall be sized for continuous duty and shall have a rating of not less than 125 percent of the maximum load of the electric vehicle supply equipment. Where non-continuous loads are supplied from the same feeder or branch circuit, the Over current device shall have a rating of not less than the sum of the non- continuous loads plus 125 percent of the continuous loads. Section 625.22. Ground-Fault Protection for Personnel. The electric vehicle supply equipment shall have an approved system of protection against electric shock of personnel. When a current to ground exceeds some predetermined value that is less than the current required to operate the Over current protective device of the supply circuit, the system shall de-energize the electric vehicle supply equipment within an established period of timed where cord- and plug-connected electric vehicle supply equipment is used, the ground-fault interrupter protection for personnel shall be an integral part of the attachment plug or shall be located in the power supply cable not more than 12 inches (305mm) from the attachment plug. Section 625.23. Disconnecting Means. For electric vehicle supply equipment, rated more than 60 amperes or more than 150 volts to ground, the disconnecting means shall be provided and installed in a readily accessible location and within sight of electric charging connector. The disconnecting means shall be capable of being locked in the open position, if not in sight of the equipment. Section 625.24. Grounding. All electrical equipment and installations shall be bonded and grounded in accordance with Article 250. Section 625.25. Loss of Primary Source. Means shall be provided such that upon loss of voltage from the utility or other electric systems(s), energy cannot be backfed through the electric vehicle supply equipment to the premises wiring system. The electric vehicle shall not be permitted to serve as a standby power supply. E. Electric Vehicle Supply Equipment Locations Section 625.28. Hazardous (Classified) Locations. Where electric vehicle supply equipment or writing is installed in a hazardous location, the requirements of Articles 500 through 516 shall apply. Section 625.29. Indoor Sites. Indoor sites shall include, but not be limited to integral, attached and detached residential garages, enclosed and underground parking structures, repair and non-repair commercial garages, and agricultural buildings. (a) Location. The electric vehicle supply equipment shall be located to permit direct connection to the electric vehicle. (b) Height. Unless specifically approved for the purpose and location, the coupling means of R:\brockmei\newcode.96 7 the electric vehicle supply equipment shall be stored or located at a height of not less than 18 inches (0.46m) and not more than 48 inches (1.22m) above the floor level. 'D Ventilation. Where required, mechanical ventilation shall be provided as specified in the Building Code. Section 625.30. Outdoor Sites. Outdoor sites, where permitted, shall include but not be limited to residential carports and driveways, curbside, open parking structures, parking lots and commercial charging facilities. (a) Location. The electric vehicle supply equipment shall be located to permit direct connection to the electric vehicle. (b) Height. Unless specifically approved for the purpose and location, the coupling means of electric vehicle supply equipment shall be stored or located at a height of not less than 24 inches (0.61m) and not more than 48 inches (1.22m) above the parking surface. Section H. If any Section, subsection, subdivision, sentence, clause, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this Ordinance, and each Section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsection, subdivision, sentence, clause, phrase, or portions of the application thereof to any person or place be declared invalid or unconstitutional. Section IH. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section IV. This ordinance shall be effective thirty (30) days following the date of adoption hereof. PASSED, APPROVED AND ADOPTED this day of Karel F. Lindemans ATTEST: June S. Greek, City Clerk r:\brockmei\newcodes.96 8 ITEI\4 18 APPRO@ CITY ATTOR FINANCE OF CITY MANA( CITY OF TEMECULA AGENDA REPORT TO:City Council FROM:Ronald E. Bradley, City Manager DATE:December 10, 1996 SUBJECT:Purchase Agreement for Real Property Required for the Western Bypass Corridor Project and the 1-1 5/Highway 79S Interchange Improvement Project Prepared by: Marilyn Whisenand, Redevelopment Director RECOMMENDATION: 1.Adopt resolutions entitled: RESOLUTION NO. 96- "A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENTM FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 17,773 SQUARE FEET LOCATED ON THE WEST SIDE OF FRONT STREET IMMEDIATELY WEST OF THE INTERSECTION OF INTERSTATE 15 AND FRONT STREET, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-210- 047; AND RESOLUTION NO. 96- "A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 50,793 SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-110-005. 2.Authorize an advance of up to $718,234 from the General Fund to cover acquisition, escrow, soil testing, and closing costs for the Western Bypass Corridor Project. r.%bradley\agenda\047&005.pur 3.Authorize an appropriation of up to $258,853 from Development Impact Fees - Public Facilities to cover acquisition, escrow, soil testing, and closing costs for the I- 15/Highway 79S interchange improvement project. 4.Authorize the Mayor to sign the Purchase and Sale Agreements and Escrow Instructions. BACKGROUND: In order to implement the Old Town Specific Plan and the City of Temecula's Capital Improvement Program, staff has pursued the acquisition of real property for the Western Bypass Corridor and the 1-15/Highway 79S interchange improvement project. Based on fair market appraisals, staff has negotiated the following purchase prices for the subject properties. 17,773 s.f. within APN 922-210-047 $248,853 50,793 s.f. within APN 922-110-005 $688,234 Total $937,087 Both purchases are all cash transactions with the City paying all closing costs. Additional fund authorization in the amount of $40,000 is required to cover escrow, closing costs, and soils testing fees, bringing the total fund authorization request to $977,087. FISCAL IMPACT The $718,234 total acquisition cost for the Western Bypass Corridor Project will be advanced by the General Fund subject to reimbursement from Redevelopment Agency and/or Community Facilities District Funds. The $258,853 for the 1-1 5/Highway 79S Interchange Improvement Project will require an appropriation from Development Impact Fees (Public Facilities) fund to the Capital Improvement Project fund. Adequate funds are available in both funds for these acquisitions. Attachments: 1 . Resolution No. 96- 2.Resolution No. 96- 3.Purchase Agreement APN 922-210-047 4. Purchase Agreement APN 922-110-005 r:kbradley\agenda\047&005.pur RESOLUTION NO. 96- "A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 17,773 SQUARE FEET LOCATED ON THE WEST SIDE OF FRONT STREET IMMEDIATELY WEST OF THE INTERSECTION OF INTERSTATE 15 AND FRONT STREET, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-210- 047; AND THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City of Temecula does hereby find, determine and declare that: a. The City is currently implementing the Capital Improvement Program for fiscal years 1997-2001 adopted by the City Council on June 25, 1996. b. The City is currently implementing the Old Town Specific Plan and the Capital Improvement Program 1-1 5/Highway 79S Interchange Project and the Western Bypass Corridor Phase I Project. C.The City proposes to purchase the properties described in the attached Purchase and SalesAgreement ("Agreement") for the purposes of implementing the Project. d. The Project has been the subject of extensive prior environmental review as part of the Old Town Redevelopment Project EIR certified by the City Council and Redevelopment Agency on June 13, 1995. This portion of the Project is exempt from further environmental review as stated in the findings and as set forth in California Public Resources Code Section and 16 California Code Regulation 15160. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement" for property located on the west side of Front Street immediately west of the intersection of Interstate 1 5 and Front Street, Temecula, California within Assessor's Parcel Number 922-210-047 and authorizes the Mayor to execute the Agreement in substantially the form attached hereto as Exhibit A. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th day of December, 1996. Karel F. Lindemans, Mayor r:\bradlcy\agenda\047&005.pur ATTEST: June S. Greek, City Clerk r:\bradlcy\agen&\047&005.pur STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Ss CITY OF TEMECULA ) 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of December, 1996, by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS ABSENT:COUNCILMEMBERS June S. Greek, City Clerk r:Nbradky\agendaNO47&005.pur PURCHASE AND SALE AGRFFMENI AND ESCROW INSTRIJCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purcbase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Two Hundred Forty-Eight Thousand Eight Hundred Fifty-Three Dollars ($248,853.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b)Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's -ounsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section I I and r:Nwhiscm\96\purchaw.047 - 2 - (M&rg@ta Canyon LLC 922-210-047) (c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 6. Fscrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source what- soever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. T,icense to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geo- logical tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Temporary Construction Easeme@. Seller hereby agrees to cooperate with the City of Temecula in the construction of the Western Bypass Corridor and the 1-15/Highway 79S interchange improvements ("Improvements") by providing without r:%whisem\%%purchaw.047 - 3 - (MaMarita Canyon LLC 922-210-047) compensation, such temporary construction easements as may be required on property owned by Seller to facilitate the completion of Improvements. 10. Warr , . I Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat- r:\wbiisem\96\purchase.047 - 4 - (Marg2Ata Canyon LLC 922-21@7) ing to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. Full Payment of All Obligations o@. It is understood and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, exper-t's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter I of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow and the Seller's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow. (a) That the Close of Escrow shall be contingent on the concurrent Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached hereto as Exhibit 'B" and made a part hereof. 13. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written r:kwhiscmN96\purcbAw.047 - 5 - (MargoAta Canyon LLC 922-210-047) waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (b)The delivery of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 14. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 15. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 16. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: f:\whiscm\96\purchase.047 - 6 - (Mafgarita Canyon LLC 922-21@7) BUYER:City of Temecula 43200 Business Park Drive P. 0. Box 9033 Temecula, California 92589-9033 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Margarita Canyon, LLC c/o Fred D. Grimes, Co-Manager and Jim Roberts, Co-Manager 27740 Jefferson Avenue, Suite 100 Temecula, CA 92590 ESCROW First American Title Company HOLDER:3625 Fourteenth Street Riverside, CA 92502 17. Broker's Cortimissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 18. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 19. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 20.MiscellaneQm (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter r:\whism\%\purchase.047 - 7 - (M@ta Canyon LLC 922-210-047) hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Fssence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivm. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (d) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (e) City Manager Authori@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or r:\w@\96@purchaw.047 - 8 - (MargsAta Canyon LLC 922-210-047) because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 22. Assigpmenl. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15, and 17 hereol r: \w@em\96\purchase.047 - 9 - Wants Canyon LLC 922-210-047) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER MARGARITA CANYON, LLC Fred D. (irimes, Co-Manager Co-Man:eger Daniel L. Ste@h@ns66 Co-manager BUYER CITY OF TEMECULA, a municipal corporation: Karel Lindemans, Mayor ATTEST: By June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson City Attorney r:\whiwm\96\purchase.047 - 10 - (MargeAta Canyon LLC 922-210-047) E @i@61T "/A" PARCEL "A" BEING A PORTION OF LOT A OF LOT LINE ADJUSTMENT NO. 3057 IN THE CITY OF TEMECULA AS DESCRIBED IN INSTRUMENT NO. 90541, RECORDED MARCH 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICU @ LY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, AS FILED IN BOOK 32, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15'42f'-)-"' WEST, 128.78 FEET (NORTH 15039"7/' WEST 128.78 FEET, RECORD PER SAID LOT LINE ADJUSTMENT NO. 3057) TO AN ANGLE POINT IN SAID LOT THENCE LEAVING SAID EASTERLY LINE AND ALONG THE NORTHWESTERLY LINE OF SAID LOT A NORTH 59036'06" EAST, 9.68 FEET (NORTH 59'039'01" EAST, RECORD PER LOT LINE ADJUSTMENT NO. 3057) TO A POINT ON A 756.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 7-39'42" EAST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE EASTERLY A-LONG SAID CURVE THROUGH A CENTRAL ANGLE OF l'@"@4152", A DISTANCE OF 163.80 FEET TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE A-LONG SAID NORTHEASTERLY LINE NORTH 32040'16" WEST, 175.17 FEET (NORTH 3--038'01" ",qEc@T, RECORD PER SAID LOT LINE ADJUSTMENT @10. @1057) TO THE BEGINNING ()F A 1030.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS -SOUTH 48346'53" WE@CT; THENCE NORTHWESTERLY A-LO@IG SAID CURVE AND CONTINUING ALONG SAID NORTHEASTERLY LINE OF LOT A THROUGH A CENTRAL ANGLE OF 11039'00", A DISTANCE OF @@09.43 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT A; THENCE ALONG THE WESTEP@LY LINE OF SAID LOT A SOUTH 15042'2"1" EAST, --178.30 FEET (SOUTH ILS0391-'7"' EAST '-?78.34 FEET, RECORD PER LOT LINE ADJUSTMEITT @10. 3057) TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE ALONG THE NOF.THWE@QTERL'@ LINE OF SAID LOT A SOUTH 59036'06" WEST, 21.1-3 FEET TO THE TRUE POINT OF BEGINNING. RESOLUTION NO. 96- "A RESOLUTION OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT" FOR ACQUISITION OF CERTAIN REAL PROPERTIES APPROXIMATELY +/- 50,793 SQUARE FEET LOCATED ON THE WEST SIDE OF INTERSTATE 15, TEMECULA, CALIFORNIA WITHIN ASSESSOR'S PARCEL NUMBER 922-110-005. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City of Temecula does hereby find, determine and declare that: a. The City is currently implementing the Capital Improvement Program for fiscal years 1997-2001 adopted by the City Council on June 25, 1996. b. The City is currently implementing the Old Town Specific Plan and the Capital Improvement Program 1-15/Highway 79S Interchange Project and the Western Bypass Corridor Phase I Project. C. The City proposes to purchase the properties described in the attached Purchase and Sales Agreement ("Agreement") for the purposes of implementing the Project. d. The Project has been the subject of extensive prior environmental review as part of the Old Town Redevelopment Project EIR certified by the City Council and Redevelopment Agency on June 13, 1995. This portion of the Project is exempt from further environmental review as stated in the findings and as set forth in California Public Resources Code Section and 16 California Code Regulation 15160. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement" for property located on the west side of Interstate 15, Temecula, California within Assessor's Parcel Number 922-110-005. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th day of December, 1996. Karel F. Lindemans, Mayor r:\bradley\agenda\047&005.pur ATTEST: June S. Greek, City Clerk r:Xbr@ey\agendaXD47&005.pur STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of December, 1996, by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS ABSENT:COUNCILMEMBERS June S. Greek, City Clerk r:\br&Wey%agendaNO47&005.pur PURCHASE AND SALE AGREF@MENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the par-ties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase . The total purchase price for the Property to be paid by Buyer is the sum of Six Hundred Eighty-Eight Thousand Two Hundred Thirty-Four Dollars ($688,234.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b)Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section I 1; and r. %whiscm\96\purchaw.005 - 2 - (Matg@ta CiLnyon LLC 922-1 10-005) (c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 6. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source what- soever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geo- logical tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Teml2orary-construction Easements. Seller hereby agrees to cooperate with the City of Temecula in the construction of the Western Bypass Corridor and the 1-15/Highway 79S interchange improvements ("Improvements") by providing without r:\w@\96\purchaw.005 - 3 - (Margafita Canyon LLC 922-110-005) compensation such temporary construction easements as may be required on property owned by Seller to facilitate the completion of Improvements. 10. Warranties and Representation,; of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat- r:\whiscm\96%purchase.005 - 4 - (Margarita Canyon LLC 922-110-005) ing to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. Full Payment of All Obligations of @. It is understood and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow and the Seller's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow. (a) That the Close of Escrow shall be contingent on the concurrent Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached hereto as Exhibit 'B" and made a part hereof. 13. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written r:\whiwm\96\purchase.005 - 5 - (Margarita Canyon LLC 922-1 l@5) waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (b)The delivery of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 14. Ceilirication of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 15. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting par-ty's rights and remedies at law or equity. 16. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: r: \whisem\96\purchasc.005 - 6 - (Margarita Canyon LLC 922-11@5) BUYER:City of Temecula 43200 Business Park Drive P. 0. Box 9033 Temecula, California 92589-9033 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Margarita Canyon, LLC c/o Fred D. Grimes, Co-Manager and Jim Roberts, Co-Manager 27740 Jefferson Avenue, Suite 100 Temecula, CA 92590 ESCROW First American Title Company HOLDER:3625 Fourteenth Street Riverside, CA 92502 17. Broker's C... . Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 18. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 19. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 20.Miscellanemm (a) A1211licable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter r:\whisem\96\purc"w.005 - 7 - @afita Canyon LLC 922- t I O-OOS) hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (d) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (e) City Manager Authori@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or r:\wttiscm\96%purchase.005 - 8 - (Mar-goAta Canyon LLC 922-110-005) because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 22. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, 15, and hereol r: \whiscm\96\purchase. 005 - 9 - (Margarita Canyon LLC 922-110-OOS) IN WITNESS @EREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER MARGARITA CANYON, LLC Fred D. Grimes, Co-Manager ,,,@7im Rob@r(s, Co-manager Daniel L. Stephensonf Co-Manager BUYER CITY OF TEMECULA, a municipal corporation: Karel Lindemans, Mayor ATTEST: By June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson City Attorney r:\whisem\96\purchase.005 - 10 - (Margarita Canyon LLC 922-110-005) EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIAO AS FILED IN BOOK 32, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15042'22" WEST, 288.50 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 11, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 11 SOUTH 74017'38" WEST, 588.03 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 11, SAID POINT BEING ALSO ON A 3739.84 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 690@@7119" WEST; THENCE ALONG THE WESTERLY LINE OF SAID LOT 11 AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00*44'28", A DISTANCE OF 48.37 FEET; THENCE LEAVING SAID WESTERLY LINE AND SAID CURVE NORTH 82*41'51" EAST, 377.69 FEET TO THE BEGINNING OF A 756.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14011'36", A DISTANCE OF 187.@-8 FEET TO SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY LINE NORTH 15042'2-1" WEST, 153.@n9 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING c@0,793.34 SQUARE FEET OR 1.17 ACRES, MORE OR LESS. J:\KRDNCPLW.DOC KRDC. INC. PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the par-ties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITAL!I A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purcbase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase . The total purchase price for the Property to be paid by Buyer is the sum of Six Hundred Eighty-Eight Thousand Two Hundred Thirty-Four Dollars ($688,234.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b)Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section I 1; and r: \whiscm\96\purchase.005 - 2 - (Margarita Canyon LLC 922-1 10-005) (c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 6. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source what- soever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geo- logical tests of the Property and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Temporary Construction Easements. Seller hereby agrees to cooperate with the City of Temecula in the construction of the Western Bypass Corridor and the 1-15/Highway 79S interchange improvements ("Improvements") by providing without r:\w@\96\purchaw.005 - 3 - (Margarita Canyon LLC 922-1 1 0-005) compensation such temporary construction easements as may be required on property owned by Seller to facilitate the completion of Improvements. 10. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Properi,; for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat- r:\whiwmk96\purchase.005 - 4 - (Margarita Canyon LLC 922-110-005) ing to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. Full Payment of All Obligations o@. It is understood and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow and the Seller's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow. (a) That the Close of Escrow shall be contingent on the concurrent Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached hereto as Exhibit 'B" and made a part hereof. 13. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written r: @whiwm\96\purchase.005 - 5 - Santa Canyon LLC 922-1 1 @5) waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (b)The delivery of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 14. Certification of Non-Foreian Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 15. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 16. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: r: \whisem\96\purchase.005 - 6 - (Margarita Canyon LLC 922-110-005) BUYER:City of Temecula 43200 Business Park Drive P. 0. Box 9033 Temecula, California 92589-9033 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Margarita Canyon, LLC c/o Fred D. Grimes, Co-Manager and Jim Roberts, Co-Manager 27740 Jefferson Avenue, Suite 100 Temecula, CA 92590 ESCROW First American Title Company HOLDER:3625 Fourteenth Street Riverside, CA 92502 17. Broker's C... . Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 18. Further Instrtictions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 19. AmendmmB. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 20.Miseellapeom (a) A12plicable Lam. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter r:\whisem\96\purchase.005 - 7 - Marg@ta Canyon LLC 922-1 10-005) hereol No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (d) Interpretation and Construction. The parties agree that each party has review@ and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (e) City Manager Autbori@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 21. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or r:\whiscm\96\purchase.005 - 8 - (Marg@ta Canyon LLC 922-110-005) because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 22. Assignmenl. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, 15, and hereof. r: \whisemk96\purchase.005 - 9 - (Margarita Canyon LLC 922-110-005) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER MARGARITA CANYON, LLC @- 1) Fred D. Grimes, Co-Manager Roberts, Co-Manager Daniel L. Stephens @n, Co-Manager BUYER CITY OF TEMECULA, a municipal corporation: Karel Lindemans, Mayor ATTEST: By June S. Greek, City Clerk APPROVED AS TO FORM: Bv @eter M. Thorson City Attorney r:\whisem\96\purchase.005 - 10 - (Margarita Canyon LLC 922-110-005) EXHIBIT "A" IZGAL DESCRIPTION BEING A PORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,, AS FILED IN BOOK 32, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: C NCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE E@@i'ERLY LINE OF SAID LOT 11 NORTH 15"42'22" WEST, 288.50 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 11, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 11 SOUTH 74017f38" WEST, 588.03 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 11, SAID POINT BEING ALSO ON A 3739.84 FOOT RADIUS NON-TANGENT CURVE CONCAVE EASTERLY, A RADIAL LI14E TO SAID POINT BEARS SOUTH 69'27'19" WEST; THENCE ALONG THE WESTERLY LINE OF SAID LOT 11 AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00044'28",, A DISTANCE OF 48.37 FEET; THENCE LEAVING SAID WESTERLY LINE AND SAID CURVE NORTH 8204lf5l" EAST, 377.69 FEET TO THE BEGINNING OF A 756.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENT @ ANGLE OF 14011'36", A DISTANCE OF 187.'-'8 FEET TO SAID EASTERLY LINE OF LOT 11; THENCE ALONG SAID EASTERLY LINE NORTH 15042"-'2" WEST, 153.29 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 50,793.34 SQUARE FEET OR 1.17 ACRES, MORE OR LESS. 1:PLW.DOC KRJDC, INC. PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of December 10, 1996 by and between Margarita Canyon, LLC ("Seller"), and THE CITY OF TEMECULA, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On November 5, 1996 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" attached hereto and made a part hereof (the "Property") pursuant to Title 1, Division 7, Chapter I of the Government Code of the State of California (Section 7260, et seq.). B.Buyer intends to use the Property for public purposes. C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase @. The total purchase price for the Property to be paid by Buyer is the sum of Two Hundred Forty-Eight Thousand Eight Hundred Fifty-Three Dollars ($248,853.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and (b)Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 1 1; and r:\whiscm\96\purchaw.047 - 2 - Santa Canyon LLC 922-21@7) (c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 6. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source what- soever shall be solely that of Seller. Buyer shall pay all escrow costs. 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geo- logical tests of the Property and an environmental site assessment thereof Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Temporary Construction Easements. Seller hereby agrees to cooperate with the City of Temecula in the construction of the Western Bypass Corridor and the I-15/Highway 79S interchange improvements ("Improvements") by providing without r: \whisem\96\purchaw.047 - 3 - Santa Canyon LLC 922-210-047) compensation, such temporary construction easements as may be required on property owned by Seller to facilitate the completion of Improvements. 10. Warranties and Rel2resentations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) That (i) on the Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relat- r: \whisem\96\purchase.047 - 4 (Margarita Canyon LLC 922-21@7) ing to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 11. Full Payment of All Obligations of City. It is understood and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attomey's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth as free and voluntary. 12. Seller's Contingencies. For the benefit of Seller, the Closing of Escrow and the Seller's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Seller's written waiver thereof, it being agreed that Seller can waive any or all such contingencies) on or before the Close of Escrow. (a) That the Close of Escrow shall be contingent on the concurrent Close of Escrow for property which is the subject of the Purchase & Sale Agreement attached hereto as Exhibit 'B" and made a part hereof. 13. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written r:\whiscm\96\purchase.047 - 5 - (Margafita Canyon LLC 922-210-047) waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. (b)The delivery of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 14. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 15. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 16. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: r:\whiwm\96\pur@so.047 - 6 - (Marg@ta Canyon LLC 922-21@7) BUYER:City of Temecula 43200 Business Park Drive P. 0. Box 9033 Temecula, California 92589-9033 Attn:City Manager COPY TO:Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn:Peter M. Thorson, Esq. SELLER:Margarita Canyon, LLC c/o Fred D. Grimes, Co-Manager and Jim Roberts, Co-Manager 27740 Jefferson Avenue, Suite 100 Temecula, CA 92590 ESCROW First American Title Company HOLDER:3625 Fourteenth Street Riverside, CA 92502 17. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 18. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 19. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 20.Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter r:kwb,igcm\96\purchase.047 - 7 - (M&Marita Canyoo LLC 922-210-047) hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assiens. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The par-ties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy confeffed by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (d) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. The recitals and captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (e) City ManaLyer Authori@ The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 21. Attorneys' @. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or r:%whisem\96\purchase.047 - 8 - (Marg@ta Canyon LLC 922-210-047) because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 22. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 23. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, 15, and 17 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15, and 17 hereol r:\wWsem\96\purchase.047 - 9 - (Maqarita Canyon LLC 922-210-047) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER MARGARITA CANYON, LLC Fred D. Grimes, Co-Manager Jim Robert's, Ito-Manager miel L. Step@en-so-n/, Co-Manager BUYER CITY OF TEMECULA, a municipal corporation: Karel Lindemans, Mayor ATTEST: By June S. Greek, City Clerk APPROVED AS TO FORM: Bv Peter M. Thorson City Attorney r:Nwhisem\%\purchasc,.047 - 10 - (Margarita Canyon LLC 922-210-047) EX@liSIT ",A?' PARCEL "A"' BEING A PORTION OF LOT A OF LOT LINE ADJUSTMENT NO. 3057 IN THE CITY OF TEMECULA AS DESCRIBED IN INSTRUMENT NO. 90541f RECORDED MARCH 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, AS FILED IN BOOK 32, PAGE 726 OF MAPSF IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15042'2@@" WEST, 128.78 FEET (WORTH 15"39'27" WEST 128.78 FEET, RECORD PER SAID LOT LINE ADJUSTMENT NO. 3057) TO AN ANGLE POINT IN SAID LOT A; THENCE LEAVING SAID EASTERLY LINE AND ALONG THE NORTHWESTERLY LINE OF SAID LOT A NORTH 59036'06" EASTF 9.68 FEET (NORTH 59*39'01" EAST, RECORD PER LOT LINE ADJUSTMENT NO. 3057) TO A POINT ON A 756.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 7-39'42" EAST, SAID POINT BEING ALSO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHWESTERLY LINE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE DF 12"-4'52", A DISTANCE OF 163.80 FEET TO THE NORTHEASTERLY LINE OF SAID LOT A; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 32040'16" WEST, 175.17 FEET (NORTH 3-038'01" @QEST, RECORD PER SAID LOT LINE ADJUSTMENT NO. 3057) TO THE BEGINNING (DF A 1030.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 48046'53" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHEASTERLY LINE OF TO'P A THROUGH A CENTRAL ANGLE OF 11039'00", A DISTANCE OF @@09.43 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT A; THENCE ALONG THE WESTERLY LINE OF SAID LOT A SOUTH 15042'22" EAST, --78.30 FEET (SOUTH 150'39"@'7" EAST ?-78.34 FEET, RECORD PER SAID LOT LINE ADJUSTMENT NO. 3057) TO AN ANGLE POINT IN SAID WESTERLY LINE; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT A SOUTH 59036'06" WEST, @11.33 FEET TO THE TRUE POINT OF BEGINNING, ITEI\4 19 -OA 1480 TERRACITA DRIVE SAN BERNARDINO, CA 92404 (909) 886-7408 - FAX (909) 886-7529 MOBILE (909) 317-7744 - E-MAIL: mcdcon@ix.netcom.com RI VERSIDE COUNTY @RGOVERNMENTAL AGENCEF S PREL@ARY ANALYSIS November 13, 1996 SO,MF- PREL@ARY CO@NTS 1. s i r k n7 It's not necessarily clear that the three-agency system is fatajly flawed and must undergo basic restrucrun'ng. Certainly, there are perceptions of problems, and a number of reiations@.,'ps could be improved. On the other hand, from an outside observer's standpoint, good work ':s occurring on many fronts, and the separation of functions by aizency - while understandably @tating to various participants (and satisfying to others) - appears to be productive. Some "fixes" may be possible in relatively easy fas@on within the existing structure. Conversely, this may be the time to consider more sweepiniz change. The perceived advantages within a mer2er of reduced decision-maker time, lower budgetary costs, and clan't-,v of or5,ajuzation all need to be examined. I - C\,AG.and the Desert, CVAG is structured, enjoys support, and has a track record which would enable it to accrue additional responsibilities and independence with success. A few strate(Y]c issues and conditions exist, which will be discussed in a separate section. The question here is a countywide, intergovernmental policy one, as well as the attendant statewide political precedents involved. For much of this paper, the choices are West County in nature- CVAG can be held out and dealt with separately. See the larger discussion presented later in this paper. 3 @K@COG 2enesis, It's useful to remember- the initiation of @COG. RCTC considered the choice of expanding its purview into more comprehensive and long range planning fiinctions, and determined that it preferred to focus on the more inunediate 2nd implementable transportation improvements. Thus, RCTC and the body politic supporteo @.-le creation of VVRCOG as a full Western Counrv COG to address those needs, and WRCOG has done so quite admirably. There is inescapably some overlap; these matters could presumably be handled with a tightened MOU. Reversal of ties earlier judgement to separate is certainly in order, but should be considered with history in mind. 4 Functional analysis, The discussion to date has been donu'nated by concerns of agency merger "Qualitv Services Specializing In Regional, Transportation, 'and Intergovernmental Agencies; Public-Private Ventures; Ci@ Governments" and political representation. We should re@y start 'th a consideration of function: What do we want to see done? And then, what is the best way to handle it? Having determined the support for areas of 'interest, there are organizational and political ways to accon,.ollsh the rru'ssion. 5, Keep strengths, Presuming that continuity of the functions now pursued bv the agencies Is desired, any restructuring should be conducted with the goal of assuring that functional continuity will not be impaired. Form should follow structure. We should not change organizationally or politically for the sake of organizational change or presumed clarity alone. There are wavs to do this in a recreated organization. If V*RRCOG performs valuable functions 'in both transportation planru'ng (comprehensive, long range, modeling)'as well as many generalist planning and consensus-bw'lding efforts, let's retain these attributes, either in the existing or a changed orl),anizational matrix. Similarly, if 'TCTC has a commendable record in real-time transportation improvements, both highway and rail, we should retain and even build upon that asset. 6. Look to the future In addition to considering function and dealing with pofitical realities, any reorganization should place the county in the most advantageous position for several future events, Most often mentioned is renewal of Measure A. Analysis is now under way, but the options would seem to include both a countywide vote or separate area votes. Until the answer is clear, some means of maintaining the countywide option should be preserved. Another 'derat'on is the STIP. Size typ'cafly equals strength some scheme that produces perceived consi 'de ' pact should be preferred. Other lobb 'ng efforts at the federal, state, and regional countywi im 3n level could also benefit from collective strength. 7. Meetinjzs. Participants in the first meeting all expressed a desire to hold down meetings. At first blush, combined organizations would seem to hold promise of fewer meetings. On the other hand, a larger and more multi-functional organization would probably find it necessary to create strong poilcv cornnu'ttees (as witness SCAG and SANTBAG), and the net meeting requirements for elected offic lais may not necessarily dimiru'sh Thoughtful analysis should be accorded this topic 8 Personnel and Budizets Similarly, it seems apriori apparent that a merged organization would save costs, particularly in the realm of high level staffand support fiinctions. In general, this is probably true. But the relative savings mav not necessarily be that significant, and the detailed costs should be further determined. Budget savings then need to be balanced against other perceived positive or negative aspects of reorganization. Key human assets should be preserved. 9. Membership 2. Given the political imperatives involved, this topic has assumed high -and votin 'b'l'ty (perhaps too high ... it needs to be balanced against functional analysis). After review of Nnsi 1 1 a number of models around the region and the state, the consultant is persuaded that these concerns can be adequately satisfied under any options on the table, including the status quo, These questions need not be a first order priority. See later expanded discussion, 10. Si@arly, after reaew, the consultant is satisfied that the functional and oriz _anizati 'onal desires ultimately determined upon can be accomplished through a range of 2 Lmplementinia and leizal steps ranging firom inter-aizencv agreements to various levels of lem'slation. Ag '@ concerns over legal accomplishment should not be a driving issue. See later expanded discussion. I 1. State@de mod@ As presented during the initial October Joint meeting, the orgaiu'zational models ftom elsewhere give us scant guida.,@ce and comfort. The qu@t is quite varied. We are left to our own devices to organize Riverside Countv as we see best. 12. Add aizencies/functions, Incorporation of the transit agencies into some revised structure has not been directly considered at this point, but obviously is a possibility (as in Los Angeles and Oranize Counties). The suggestion has also been made that future consideration of expanding the functions of RCTC, or its successor, to 'include tofl road authority or other construction/operation capabilities should not be precluded and, in fact, operdy contemplated. 13. N4u]ti-focused ap-ency ("Holding Compan3f'). An interesting option, to be further considered, is the sort of meet-all-desires-in-one concept afforded by creating of an overall, skeleto@ umbrella aizencv (the "holding company") with several operating divisions. This may hold proniise. See later expanded discussion. ORGA-NUATIONAL OPTIONS Presented here are a variety of options which could be suggested, with some brief comments on each I Status quo with clafified agreements .All three alencies are retained. However, if there is confusion or disagreement over functions and relationships, or a common desire to expand responsibilities, these Lines of relationship can be redefined with new MOUS. RCTC has existing MOU's with both CVAG and @COG-, however, they date back, and there appears to be - at least from some participants - either confusion or outn'v-ht lack of agreement over functions. This is particularly true with those functions that overlap, such as transportation planning between RCTC and @COG and Measure A administration between RCTC and CVAG. Reasonable people can work out these relations@ps- thev would have to be deterrru'ned, at least tacitly, in any restructuring effort. So this option calls for successfully accomplishing that exercise. Other expressed concerns, such as those of membership, inter-agency relationships, and perceived attention pal 'd to sub-geozrap@c areas, would also have to be worked out over time. '. RCTC enpanded membership countymide This option meets a need expressed bv some participants that uru'versal membership by all cities and all five Supervisors on RCTC would provide more equitable representation, particularly when 3 d@ng with transportation finance. However, as presented here, it begs the question of relationship with the other two agencies, and does not speak- to functions. It also lznores questions of proportionate membership and weighted voting, which would probablv become a necessary component. What would then happen to CVAG and VYRCOG? Would 'It in fact lead to a feeling of fairness in project funding? In some ways, this option poses more questions than it answers. See, however, the use of this same option 'in the "Holding Company" concept. 3. CNIAG split@ RCTC mbership West County 1'his option and that following both presume that CVAG attains independent status, and then focus upon alternative models in West County. As noted later under Leizal and Imi2lementation St=, CVAG's separation could possibly be accomplished either through internal agreements under existing law or with a change of statute, or both. To make this option truly work-, and avol 'd unnecessary complications, Palo Verdes would need to come into some relationship Aith CVAG. In this option, RCTC's membership is expanded to include afl West County jurisdictions. Would CVAG and desert members then be deleted? Quite probably. Would questions of proportionate membership and voting within the expanded West County RCTC be raised? Probablv. The option does not speak of functions. What would occur relative to V;RCOG's Nvo . rk? Would it wither awav? Would West County elected officials be @ling to at-tend two meet' 'th I 001/' ings V4 membership, even if the need for two aizencies and a clear acceptance of differing functions were aateed upon? If we presume in this option that NAIRCOG is subsumed by RCTC, afl of the questions of function, intemaj organization, and elective official committees need to be answered. In anv case, this option would clearly need major state legislation. 4 CVAG sj2lit r newly-named aizengy) as West County a2ency In this option, CVAG again is separated, and the same considerations apply. Within the West Countv, V;RCOG - which alreadv has I 00% membership, although bv voluntary JPA aeTeeTnent - is designated bv statute as the CTC (as is the case with S.@AG an' d S.@AG), and RCTC as it now exists is eliminated. Essentially, the same questions as in the prior option continue to apply: membership, voting, fiinctions, committee organization, etc. In both cases, major examination of functions, staffing, leadership, and budget would need to be conducted and satisfactorily concluded. As a variation, since organizational loyalty, stature, and egos are inevitably involved, the resulting joint organization could be newly created and newly named. (The consultant played with some names, but gave up at this point!) This suggestion is more than cosmetic; such sensitivities are 4 important and deserve attention. 5 Holding Company This is a rather unique and creative approach which perhaps attempts to be "all things to all people", and vet upon examination has serious attractiveness. In this case, RCTC, perhaps renamed to 'indicate its new role, continues to exist as an umbrella agency and "holding company", but with a more limited and carefully defined role and a less intense meeting and operational schedule. Its leadership and staffing are more limited and perhaps drawn in part from the underlying operating companies. The "operating companies" would continue to be CVAG and V;RCOG, plus a West Valley transportation implementing company which could probably be the old RCTC wearing its Measure A hat-. the Riverside County Transportation Authority. This structure would also adapt well to including the two transit agencies, RTA and Su@e, if that course were chosen. What would be the membership of RCTC in this construct? It would lend itself to either the full- countv I 00% membership option (vath appropriate voting arrangements) or to a "federated" structure, in which the operating companies would each supply a certain amount of members to the holding company Board. It is contemplated that the RCTC-holding company would probably meet ordv quarterly or less. Relationships and functions with the operating companies would have to be developed. One of the Executive Directors of the operating companies could double as the holding company staff chief A major advantage of this arrangement is the continuirv for state purposes of a sinizle CTC (even though intemaliv its responsibilities would be divided) and for bond purposes, as well as future renewal, of the Measure A role. It would also allow for countywide approaches to the SAFE callbox program and other desired countvwide rrurusterial functions, perhaps such as TDA. I Leizislation of some degree would probably be needed but, because of continuation of a single coun@de titular CTC and with presumed agreement among all Riverside parties, may not be difficult to achieve. CN'AG A-ND THE DESERT CVAG has a long history and a capable political and staff organization, and can take over whatever functions may be assigned. The decision is political, at both the county and state levels. Does the county wish to bifurcate transportation geoQTap@cafly? Would the county lose strength . in the regional, state, and national funding arena? Is the state ready to fragment counties in the transportation setting? A nagging problem is the Palo Verde area. Would it be vase to further fragment into a third, and very small, area? The situation would be very much improved if Palo Verde would agree to fall 5 under a CVAG umbrella, so that structurally there would o@v be two a encies. We understand 9 that may be ready to occur. Measure A pass-throughs are assured by the Ordinance- but certain concurrences must be made bv RCTC and an annual budgetary allocation for adnu'nistration is taken, a proportionate part of which is bome bv the CVAG area. What would be the responsibilities and overhead costs under a CVAG split? State and federal funds are programmed through a very complex and politically sensitive process by Caltrans, RCTC, SCAG, and the CTC, known as the STEP, which itself is threatened with major change. Smaller areas within the state tend not to do as weU; it also takes a si@cant staff cornrmtment to "play the game" effectively. A sub-allocated STIP fund estimate would have to be developed either internally within the county or by the CTC (would require legislation). A STEP game plan would need to be developed, but this is doable. The Local Transportation Fund/TDA disconnect is perhaps the most difficult political and financial constraint to a CVAG split, if the area were to insist upon redressing this imbalance of source generation to expenditure as a condition of any new arrangement. This would result in a loss to RTA of over$ I million. MEMBERSHIP @ VOTING Much attention has been given to this subject. It appears that all concerns can be met through various devices (political agreements, of course, would have to be reached). The subject can be approached in several ways-. Membership_ Representation can simpiv be handled through appropriate allocations of membership, without resorting to special voting patterns of proportionality or vetoes. CVAG and WRCOG already have I 00% membership of their respective Jurisdictions, whereas RCTC has a defined statutory membership which is periodically challenged as not being adequately representative. If a desire exists for 100% West County membership, the simple answer is to designate V;RCOG by statute as the CTC (as was the case with SANBAG). The alternative is to enlarge RCTC's membership (and probably drop the public member). In the case of the "Holding Company", two options present themselves. The coun@de umbrella agency could either be composed of 100% countyvade membershi p (in which cas ' e some kind of proportional voting or geographic vetoes would probably be called for), or it could be "federated" with a certain number of members fi-om each "operating company" agency coming together to constitute the Board of the Holding Company. Votin2. Apart fro@ or together with, membership as a deternu'nant of equity, various forms of voting arrangements can be developed to afford perceived fairness and 6 protection, On the positive side, proportional voting schemes such as that of the San Diego Association of Governments (SANDAG) can be created. In this case, when use of the too] is called for, Jurisdictions are allocated certain votes based upon some index: population, tax generation, etc. Caps can be applied to limit excessive welsaht. The second most popular option is to create split votes, where both (or more) sides must vote affirmatively to approve.a result. The splits are created to accommodate perceived future differences among groups of parties-. city v. county, geographical areas, small cities N,. large, different kinds of "operating comp@es", etc. What this realfly creates is a veto opportunity. It can create an impasse, where actions viewed by one party as disadvantageous can be halted. But it cannot create positive resolutions. Who is to be protected? In Riverside's case, several potential interests could be at issue@ the County goverrunent, the City of Riverside, other larger cities, CVAG v. Western County, various subareas within Western County, ARCOG v. RCTC as "operating companies", etc. These concerns would need to be sorted out. In the most positive framework, of course, no such artificial devices would be needed, one vote per member (Question:County Supervisors?) would be deemed appropriate. Fiscal projzramrning, A perceived complaint within Fiverside County relates to inequities over time in the programming of Measure A, STIP, and possibly TDA fiinding. One alternative which has been suggested, which could even be applied to a status quo oriyanizational setting, is to require that @he recipient area COGs (CVAG and @COG) must concur with RCTC before prograrnrrung could go further. In the case of WRCOG, a subarea arrangement could even be applied within differing West County areas (although this be ins to fragment very finely). The likely result of this approach would be log-rofl' 91 ing and dilution of the available funding, makiniz mearu'ngfill pr 'ects much more difficult. Oi Presentation of this option should not be interpreted as a recommendation. LEG@@ @ND IWLEMEN7ATION SIEPS One given in this entire exercise is the need to maintain an effective legal stance relative to Measure A, 'including both bonded indebtedness already in place and future bonding actions which mav be taken. RCTC leizal counsel and bond counsel need to be kept involved. The strategic consi 'iterations relative to a successor to Measure A, while not strictly a legal matter, are also paramount. An assumption has been in effect that state legislation will be necessary t- effect almost any desired restructuring conclusion; a related concern is that the legislature --,s, to date, been unwilling to subdivide a countv. More intense legal bra'ulstom-fing suggests that this may not necess@y need to be the case; significant change could be enacted by intra-county jurisdictional aueement and contract, with sufficient assurance to the "minofity" party that a change in politics would not threaten the initial agreement. We continue to work on this concept. it would 7 pi-obabiv be useful, and perhaps necessary, to have statutory language affimiing these delegation rights on behalf of RCTC. But, from the state's vantage point, the titular responsible party would stil be a single county agency, making it politically easier. @@e it may, from the standpoint of full disclosure and thus political openness, be desirable to have a fully written bill developed by the January 24 Legislative Counsel date, it is also pe@tiy feasible (and arguably equally politically saleable) to s'unply put a "spot" bill in place, and therebv buy several more months of time, We need some additional sage Sacramento advice, and 'Alill artain it. NEX'T STEPS TO BE CON@QTDF-RED Following this meeting, a number of steps would seem to be in order-. 1. Consider the various options presented. However, they should be viewed in terms of objective data yet to be developed: Study, debate, and determine functions to be conducted (not necessarily by todav's organizations). 3.Analyze staffing patterns, comparing today's org;'M,7-ations to the prefer-red model(s). 4.Analyze budget costs in a similar pattern, including any perceived overlapping or duplicative costs and elements of indirect overhead. 5.Consider transition steps over a period of time. 6.Gain further advice on legal and legislative needs. Fivoriz I I/ 1 3 RIVERSIDE COUNTY TRANSPORTA TION COMMISSION DATE.- November 13, 1996 TO:Riverside County Transportation Commission FROM:Jack Reagan, Executive Director SUBJECT:Finding of Necessity to Amend Measure A Plan to Reflect New Cities During the October 9th joint RCTC, CVAG, WRCOG meeting we distributed materials from the Measure A ballot measure which included the map. Since the ballot measure was before voters concurrent with formation of the new cities of Murrieta and Temecula, which could not be anticipated, it references that area as "Rancho California'. Continuing to exhibit that map is a legitimate point of irritation to elected officials from those two cities. However, it is part of the voter approved Measure A Expenditure Plan which can only be amended based upon a finding of necessity by the Commission, approval by the County Board of Supervisors, and concurrence by a majority of the cities which also represent a majority of the incorporated population of the county. Based upon a literal reading of Measure A as approved by voters, I believe an action by the Commission to find it necessary to amend the plan to revise the map to reflect the formation of new cities would be appropriate. Presumably, such an amendment would not only deal with the current mislabaling of the cities of Murrieia and Temecula, but would also enable the Commission to make future map revisions should voters approve formation of new cities or disincorporation of existing cities, STAFF RECOMMENDATION: That the Commission make a finding of necessity to amend the Measure A Expenditure Plan to authorize revision to the Measure A plan map to reflect any voter approved changes to municipal incorporation subsequent to voter approval of Measure A in November 1988. ORDINANCE NO. %-I AN ORDINANCE OIF TIJE IDE COLTNTY TRANSPORTATION COMMSSION IMTIATING AND APPROVING MEASUPE "A" EXPEND PLAN AMENDMENT NO - I AS, on N ber 8, 1989, Ordinwoe No. 89-1 enacting a one-half percent shies tax was approved by the voters of Pi@de County; and @REAS, an Expenditure Plan was adopted along with Ordinance No. 8 9- I designating the manner in witch sales tax revenues would be allocated- and AS, the Commission has determined that the Expenditure Plan needs to be amended to reflect changed circumstances, s@cally the incorporation of a number of cities subsequent to adoption of the Expenditure Phm and Ordinance No. 89-1 and Public Ut@es Code Section 240302 require that any changes to thee Plan be initiated by the Commission based on a finding of necessity; and AS, this Expenditure Plan Amendment must be approved by the County of Riverside and by a majority of the cities constituting a majority of the incorporated population of the County prior to becoming effective, NOW, THEREFORE, the Riverside County Transportation Commission hereby ordains as follows: S@on 1. The map !ihowing the ma)'or highway, art@, commuter rail and tra"sit projects to be funded by the retail transaction and use tax ("Map") is hereby replaced with the Map attached hereto as Exhibit "A." The sole purpose of this amendment is to depict the presence and location of the cities of C@esa and Murrieta, which were incorporated subsequent to adoption of the Expenditure Plan, and the city name change from Rancho California to Temecula. No other subst@ changes to the Map are hereby intended or adopted. The following facts support a finding of necessity for this amendment [to be @rted by Commission] it Tho Expc:n@ Plan Amendrnent must be approved by the Board of Supervisors of the County of Riverside and by a majority of the cities constituting a majority of the incorporated population once so approved by the CounTy and the cities, this Expenditure Plan Amendment will immediately become @ve without fimber action of the Comn-ussion. APPROVED. TED AND APPROVED BY, IDE COUNTY TRANSPORTATION CO@SSION Riverside County By: Board of Sup rs Alex Chfibrd, Chair (As @wn an at=hed Julian) APPROVED. REVRF-WED AND RECO ED FOR APPROVAL: Cities of Riverside County By: (As shown on attactmd resolutions) lack Reapn, Executive Director APPROVED AS TO FORM: By-. Ben Best & Kncgcr LLP Cou@, Riverside County 'rransportation Comniission SAhVLf, RF-SOLTMON NO. A RESOLLMON OF T14E BOARD OF SUPERVISORS OF THE COUNTYOF EDE ALTMOPJMG APPROVAL OF THE ME COUNTY TRANSPORTATION CO@SSION'S MENT TO ORDINANCF- NO. 88-1 the Riverside County Transportation Conunission (the "Commission") bw adopted Plan @@ No. to wnend the expenditure plan adopted as pan of Ordinance No. 88- 1. WEEREAS, the Board of SupeMsors of -the County of Fiverside (the "Board-) hereby determines that it is in the best interests of the County of Riverside that Expenditure Plan Amendment No. be approved; and WHEREAS, the Board adapts and @rporates in this Resolution all findings made in Expenditure Plan Amendment No. ; and WHEREAS, the Board purr=t to Scaion 240302 is required to approve the Amendment. NOW, THEREFORE, the Board hereby resolves as follows: The Board approves Expenditure Plan Amendment No. Adopted this _ day of 199-, Board of Supervisors Riverude County S RMLLrrION NO. A RESOLIMON OF TfiE CITY OF AURH G APPP.OVAL OF TIRE IDE COUNTY TRANSPORTAI'FON CONMSSIONT'S AMENDMENT TO ORDINANCE NO. 98- I WHEREAS, the Riv@de County T@@on Commission (the 'Commission") has adopted Ex@ture Plan Amendmcrrt No. to amend the expenditure plan draft as pan of the Co@ssiores Ordinance No. 89-1. AS, the City of (the "City") hereby det@nes that it is in the best interests of the City dw Expenditure Plan Amendment No. be approved, and AS, the City adopts and incorporates in this Resolution all findings made' In . and Expcn@c Pbm Amendment No.. @REAS, a majority of the cities constituting a majority of the incorporated population pursuant to Section 240302 is required to approve the Amendment. NOW, THIEREFORE, the City hereby resolves as follows,. The City approves Expenditure Plan Amendment No. Adopted @s day of 199 City of 142"