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AGENDA
TEMECULA CITY COUNCIl.
A REGULAR MEETING
CITY COUNCIL CHAMBER,~'~
43200 BUSINESS PARK DRIVE
FEBRUARY 26, 2002 - 7:00 P.M.
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items
can be considered and acted upon prior to 11:00 P.M. and may continue all other items on which
additional time is required until a future meeting. All meetir~gs are scheduled to end at 11:00 P.M.
5:30 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to
Government Code Sections:
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956.8 regarding real property acquisition negotiations of property
located at 29400 Rancho California Road (APN 921-320-009) and 29540 Rancho
California Road (APN 921-320-015). Under negotiation is the price and terms of
the real property interests. The negotiating parties are the City of Temecula,
Claim Jumper and Bill Johnson. City negotiators are Shawn Nelson, Bill Hughes
and Jim O'Grady.
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54957.6 with respect to labor negotiations. The negotiating parties are the
City of Temecula and California Teamsters Locall 911. City negotiators are Shawn
Nelson, Jim O'Grady, and Grant Yates.
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956.8 regarding real property acquisition negotiations of property
located at APN No. 922-062-010 and APN 922-(162-016, generally located on the
west side of Pujol Street, north of First Street. Under negotiation is the price and
terms of the real property interests. The ne!~lotiating parties are the City of
Temecula/Redevelopment Agency and Mr. Rubber. City negotiators are Shawn
Nelson, Jim O'Grady, and John Meyer.
Conference with City Attorney and legal counsel pursuant to Government Code
Section 54956.8 regarding real property acquisition negotiations of property
located at APN No. 922-053-004 and APN 922-052-011, located at 42291 & 42230
Sixth Street. Under negotiation are the price and terms of the real property
interests. The negotiating parties are the City of Temecula/Redevelopment
Agency and Affirmed Housing. City negotiators are Shawn Nelson, Jim O'Grady,
and John Meyer.
Public Information concerning existing litigation bel.ween the City and various parties
may be acquired by reviewing the public documents; held by the City Clerk.
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1
CALL TO ORDER:
Prelude Music:
Invocation:
Flag Salute:
ROLL CALL:
Next in Order:
Ordinance: No. 2002-02
Resolution: No. 2002-19
Mayor Ron Roberts
Erica Weitzel
Father Sean Cox of St. Thomas Episcopal Church
Boy Scout Troop No. 337
Comerchero, Naggar, Pratt, StonE,, Roberts
PRESENTATIONS/PROCLAMATIONS
Sister Citv Presentation
Rape Crisis Center at Rancho Sprinqs Medical Center
Black History Month Proclamation
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones 1hat are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to
Speak" form must be filed with the City Clerk prior to the Council addressing that item.
There is a five (5) minute time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made
at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports,
CONSENT CALENDAR
NOTICE TO THE PUBLI(:[
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 di.';cussion of these items unless
Members of the City Council request specific items be removed from the Consent
Calendar for separate action.
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2
3
4
5
6
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of January 8, 2002.
Resolution Approvin(] List of Demands
RECOMMENDATIQN:
3.1 Adopt a resolution entitled:
RESOLUTION NO, 02-
A RESOLUTION OF THE CITY COUNCIL OiF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
Parcel Map No. 30166 (located at 27565 Diaz Road)
RECOMMENDATION:
4.1 Approve Parcel Map No. 30166 in conformance witt-~ the conditions of approval;
4.2 Approve the Subdivision Monument Agreement and accept the Monument
Certificate of Deposit as security for the agreement;
Amendment No. 1 to Construction Contract for Fiscal Year 2001-2002 Street Stripin(~
Proclram - Proiect No. PW01-12
RECOMMENDATION:
5.1 Approve Amendment No. 1 to the Construction Conlract with C-18, Inc. for the
Fiscal Year 2001-2002 Street Striping Contract - Project No. PW01-12 - for an
amount of $60,000.00 and authorize the Mayor to execute the amendment.
Amendment No. 1 to the Annual Real Estate Appraisal Contract
RECOMMENDATION:
6.1 Approve Amendment No. 1 to the Annual Agreement with Robert Shea Perdue Real
Estate Appraisal in the amount of $30,000.00 to provide as-needed appraisal
services and authorize the Mayor to execute this amendment.
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7
8
9
10
Award of Construction Contract for the Marqarita Road Interim Widenincl - Phase I -
Proiect No. PW99~01
RECOMMENDATION:
7.1 Award a contract for the Margarita Road Interim Widening - Phase I - Project No.
PW99-01 - to R.J. Noble Company in the amount of $125,906.00 and authorize the
City Manager to execute the contract;
7.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $12,590.60 which is equal to 10% of the contract amount;
7.3 Approve a transfer in the amount of $60,000.00 in .Capital Project Reserves from the
Jefferson Avenue Pavement Rehabilitation Project to the Margarita Road Interim
Widening - Phase I - Project No. PW99o01.
Authorize Temporary Street Closures for portions of Waloott Lane and La Serena Way
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF WALCOTT LANE AND
LA SERENA WAY FOR A DURATION OF UP TO 30 DAYS
SPLIT INTO 'I'~NO DIFFERENT CONSTRUCTION PHASES TO
ALLOW FOR WET UTILITY AND .~TORM DRAIN
CONSTRUCTION AND RELOCATION AS REQUIRED BY
CONDITIONS OF APPROVAL FOR TRACT M.,~.P NO. 23209
City Hall Tenant Improvements
RECOMMENDATION:
9.1 Approve a contract in the amount of $20,500.00 to construct tenant improvements to
City Hall;
9.2 Appropriate $22,550.00 (which includes a 10% contingency fund) from the General
Fund Unappropriated fund balance.
Consideration of Support for City of Corona reqardinq Issues of Mutual Concern with
Riverside Countv
RECOMMENDATION:
10.1 Authorize the City Manager to work with the City Managers of the Cities of Corona,
Moreno Valley, and Riverside to develop a cooperative Memorandum of
Understanding (MOU) with the County of Riverside to address issues of mutual
concern.
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RECESS CITY COUNCIL MEETING TO SCHEDIJLED MEETINGS OF
THE TEMECULA COMMUNITY SERVlCFS DISTRICT,
THE CITY OF TEMECULA REDEVELOPMENT AGENCY,
AND
TEMECULA PUBLIC FINANCING AIJITHORITY
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 2002-01
Resolution: No. CSD 2002-02
CALL TO ORDER:
President Jeff Stone
ROLL CALL:
DIRECTORS:
Comerchero, Naggar, Pratt, Roberts, Stone
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda, or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item no~t on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 12, 2002.
2 Amendment No. 2 to a Consultinq Aqreement for Construction Management
RECOMMENDATION:
2.1
Approve Amendment No. 2 to the consulting agreement with Don Sidell
& Associates in the amount of $4,000.00 to continue providing construction
management services for the Chaparral High School Swimming Pool -
Project No. PW00-08CSD - and authorize the General Manager to execute this
amendment.
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DEPARTMENTAL REPORT
DIRECTOR OF COMMUNITY SERVICES REPORT
GENERAL MANAGER'S REPORT
BOARD OF DIRECTORS' REPORTS
ADJOURNMENT
Next adjourned regular meeting: Tuesday, March 5, 2002, 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
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TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 2002-01
Resolution: No. RDA 2002-03
CALL TO ORDER: Chairperson Jeff Comerchero
ROLL CALL
AGENCY MEMBERS: Naggar, Pratt, Stone, Roberts, Comerchero
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. if you decide to speak to the
Board of Directors on an item no.~t on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 12, 2002.
Convene to a Joint Public Hearing with the City Council and the Redevelopment Agency
PUBLIC HEARING
Any person may submit written comments to the City Council/'remecula Redevelopment
Agency before a public hearing or may appear and be heard in support of or in
opposition to the approval of the project(s) at the time of the hearing. If you challenge
any of the project(s) in court, you may be limited to rai.,~ing only those issues you or
someone else raised at the public hearing or in written correspondence delivered to the
City Clerk at, or prior to, the public hearing.
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2
Affirmed Housina Sixth Street Homeownership Project
RECOMMENDATION:
2.1 The City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AFFIRMED HOUSING PARTNERS - TEMECULA, LLC
(6TM STREET HOUSING PROJECT)
2.2 The Redevelopment Agency Board adopt a resolution entitled:
RESOLUTION NO. RDA 02-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A DI~;POSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
AFFIRMED HOUSING PARTNERS - TEMECULA, LLC (6TM
STREET HOUSING PROJECT)
2.3 The Redevelopment Agency Board appropriates an additional
$240,000 to this project from the Low-Mod fund balance to replace
the CDBG funding.
DEPARTMENTAL REPORT
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBERS' REPORTS
ADJOURNMENT
Next adjourned regular meeting: Tuesday, March 5, 2002, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
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9
TEMECULA PUBLIC FINANCING AUTHORITY
Next in Order:
Ordinance: No. TPFA 2002-01
Resolution: No. TPFA 2002-02
CALL TO ORDER: Chairperson Ron Roberts
ROLL CALL
AGENCY MEMBERS:
Comerchero, Naggar, Pratt, Stone, Roberts
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Temecula
Public Financing Authority on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item no~t on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers,
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please
come forward and state your name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of June 12, 2001;
1.2 Approve the minutes of February 12, 2002.
PUBLIC HEARING
Any person may submit written comments to the Temecula Public Financing Authority
before a public hearing or may appear and be heard in support of or in opposition to the
approval of the project(s) at the time of the hearing. If you challenge any of the project(s)
in court, you may be limited to raising only those issues you or someone else raised at
the public hearing or in written correspondence delivered to the City Clerk at, or prior to,
the public hearing.
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2 Communitv Facilities District No. 01-02 (Harveston)
RECOMMENDATION:
2.1 Continue the public hearing to the meeting of March 5, 2002.
EXECUTIVE DIRECTOR'S REPORT
BOARD MEMBERS' REPORTS
ADJOURNMENT
Next adjourned regular meeting: Tuesday, March 5, 2002, City Council Chambers, 43200 Business
Park Drive, Temecula, California.
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CONVENE TEMECULA CITY COUNCIL MEETING
DEPARTMENTAL REPORTS
CITY MANAGER'S REPORT
CITY ATFORNEY'S REPORT
ADJOURNMENT
Next Joint City Council/Planning Commission Workshop: Monday, March 4, 2002, at 6:00 P.M.,
City Council Chambers, 43200 Business Park Drive, Temecula, California.
The next adjourned regular meeting: Tuesday, March 5, 2002, at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California
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PROCLAMATIONS
AND
PRESENTATIONS
ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JANUARY 8, 2002
The City Council convened in Open Session at 7:03 P.M., on Tuesday, January 8, 2002, in
the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula,
California.
Present: Councilmembers: Comerchero, Naggar, Pratt, Stone, Roberts
Absent: Councilmember: None
PRELUDE MUSIC
The prelude music was provided by Jonathan Santos, Jr.
INVOCATION
The invocation was given by Pastor Scott Treadway of Rancho Community Church.
ALLEGIANCE
The salute to the Flag was led by Cub Pack No. 148.
With great pride, outgoing Mayor Comerchero passed the gavel to incoming Mayor
Roberts
PRESENTATIONS/PROCLAMATIONS
Certificate of Appreciation for Marvann Edwards
Mayor Roberts presented the Certificate to outgoing Public/Traffic Safety Commissioner
Edwards who, in turn, relayed her delight in having had the opportunity to serve the City and her
enthusiasm with working with City as a School Boardmember.
PUBLIC COMMENTS
No comments.
CITY COUNCIL REPORTS
A. Councilman Naggar wished the public a Happy New Year and requested that the City
Manager explore options for addressing the appearance of the on and off ramps into the City.
Commenting on the City of Ontario's Rose Bowl Parade entry, Mr. Naggar requested
that the Community Services Commission explore the possib[lit,./of the City entering a City float
into the Rose Bowl Parade.
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1
B. In response to Councilman Naggar's suggestion of a City float entry, Councilman Pratt
relayed his support and requested that his traffic/transportation concept be agendized for the
next City Council meeting.
C. Having listened to Governor Davis' comments, at the League of California Cities
Conference, with regard to the Vehicle Licensing Fees (VLF), Councilman Comerchero noted
that Governor Davis relayed his support to not impact the VLF for this budget cycle but
expressed concern with Governor Davis' comments as it relates to future budget years in
particular the balancing of the State budget will have to be a partnership between the State and
the cities.
Having recently attended an update meeting between the Public Utilities Commission
(PUC) and the Bureau of Land Management (Federal Agency), Councilman Comerchero
advised that the two agencies addressed the Valley Rainbow Powerline Project, noting that both
agencies have been receptive to public comments, City comments, and other associated
agencies' comments.
D. In light of Councilman Comerchero's concerns as it relates to the State budget and
Governor Davis' future balancing intent, Mayor Pro Tem Stone relayed his support of an
initiative proposed by Councilman Bennett of the City of Corona (two cents of every dollar in
sales tax should be returned to the cities as well as 50% of the properly taxes).
Noting that the existing Stop Light Abuse Program (SLAP) has not mitigated the running
of red lights throughout the City, Mayor Pro Tem Stone directed that the budget for this program
be doubled and that there be a demonstrable Police presence ;~t the busiest intersection during
the busiest times of the day.
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the
agenda.
2
Approval of Minutes
RECOMMENDATION:
2.1 Approve the minutes of September 25, 2001;
2.2 Approve the minutes of October 9, 2001;
2.3 Approve the minutes of October 23, 2001;
2.4 Approve the minutes of November 13, 2001;
2.5 Approve the minutes of November 27, 2001.
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2
3 Resolution Approvinq List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 02-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Report as of November 30, 2001
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of November 30, 2001.
5 Parcel Map No. 29974 (located at the northwest corner of Winchester Road and Roripauqh
Road in the Winchester Meadows Shoppinq Center)
RECOMMENDATION:
5.1 Approve Parcel Map No. 29974 in conformance with the conditions of approval;
6.2 Approve the Subdivision Monument Agreement and accept the Monument
Certificate of Deposit as security for the agreement.
6 Parcel Map No. 30060 (located at the northeast corner of M~rqarita Road and Winchester
Road in the Winchester Meadows Shoppinq Center~
RECOMMENDATION:
6.1 Approve Parcel Map No. 30060 in conformance with the conditions of approval;
6.2 Approve the Subdivision Monument Agreement and accept the Monument
Certificate of Deposit as security for the agreement.
7 Approval of the Plans and Specifications and authorization to solicit Construction Bids for
Margarita Road Interim Wideninq - Phase II - Proiect No. PW99-01
RECOMMENDATION:
7.1 Approve the Construction Plans and Specifications ;~nd authorize the Department of
Public Works to solicit construction bids for Margarita Road Interim Widening -
Phase II - Project No. PW99-01.
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8 Approval of the Plans and Specifications and authorization to solicit Construction Bids for
Citywide P.C.C. Repairs FY2001-2002 - Proiect No. PW01-30
RECOMMENDATION:
8.1
Approve the Construction Plans and Specifications and authorize the Department of
Public Works to solicit construction bids for Citywide P.C.C. Repairs FY2001-2002 -
Project No. PW01-30.
9
Pala Road Phase I I. mprovements - Proiect No. PW99-11
RECOMMENDATION:
9.1 Approve the Negative Declaration and Environmental Report for the Pala Road
Phase Improvements, Project No. PW99-11;
9.2
Approve the Plans and Specifications for the construction of Pala Road Phase 1
Improvement, Project No. PW99-11 and authorize the Department of Public Works
to solicit construction bids.
10 Joint Fundinq Aqreement with Riverside County Flood Control and Water Conservation
District for Detailed Design for the Murrieta Creek Improw;ment Project - Proiect No.
PW01-25
RECOMMENDATION:
10.1 Approve a Joint Funding Agreement in the amount of $125,000.00 with the
Riverside County Flood Control and Water Conservation District for detailed
engineering design costs associated with future flocd control and recreational
facilities within Murrieta Creek.
11 Amendment to Professional Services Aqreement Land Dew;Iopment Construction
Inspection Services
RECOMMENDATION:
11.1 Approve Amendment No. I to the Professional Construction Inspection Services
Agreement with Vail Cooper and Associates, Inc. for an amount equal to $54,284.00
and authorize the Mayor to execute the amendment.
12 Ali-Way Stop Siqq Installation (located on Butterfield Staqe Road at De Portola Road)
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 02-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ALL-WAY STOP AT THE
INTERSECTION OF BUTTERFIELD STAGE ROAD AND DE
PORTOLA ROAD
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ONith regard to Consent Calendar Item No. 12, it was noted for the record that letters
were received from Ms. Michelle Anderson and Ms. Gloria Dickson [copies of which
were provided to the City Councilmembers]).
MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1 - 12. The
motion was seconded by Councilman Comerchero and voice vote reflected unanimous
approval.
At 7:27 P. M., the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency and after a short recess, resumed at 7:59 P.M. with regularly
scheduled City Council business.
PUBLIC HEARING
13 Paloma del Sol Specific Plan Amendment No. 8
(continued from the December 11, 2001, City Council meeting)
RECOMMENDATION:
13.1 Adopt a resolution entitled:
RESOLUTION NO. 02-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA CERTIFYING ADDENDUM NO. 4 TO THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR SP-4 AND
APPROVING PLANNING APPLICATION NO. 0'1-0109
(GENERAL PLAN AMENDMENT) FOR THE PALOMA DEL SOL
SPECIFIC PLAN AMENDMENT NO. 8 LOCATED EAST OF
MARGARITA ROAD, WEST OF BUTTERFIELD STAGE ROAD,
NORTH OF HIGHWAY 79 SOUTH AND SOUTH OF PAUBA
ROAD (PLANNING APPLICATION NO. 01-019)
13.2 Adopt a resolution entitled:
RESOLUTION NO. 02-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO.
PA0'1-0102 (SPECIFIC PLAN AMENDMENT NO. 8) FOR THE
PALOMA DEL SOL SPECIFIC PLAN LOCATED EAST OF
MARGARITA ROAD, NORTH OF HIGHWAY 79 SOUTH, WEST
OF BUTTERFIELD STAGE ROAD AND SOUTH OF PAUBA
ROAD BASED UPON THE ANALYSIS AND FINDINGS
CONTAINED IN THIS RESOLUTION
13.3 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 02-0'1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING AMENDED ZONING STANDARDS
FOR THE PALOMA DEL SOL SPECIFIC PLAN AMENDMENT
NO. 8
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13.4 Adopt a resolution entitled:
RESOLUTION NO. 02-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. 01-
0117 - VESTING TENTATIVE TRACT IVIAP NO. 24188
AMENDMENT NO. 4 FOR THE SUBDIVISION OF 293
RESIDENTIAL LOTS, 1 RECREATION CENT[-'R LOT, t PARK
SITE LOT, AND 16 OPEN SPACE LOTS WHICH CONFORM TO
THE PLANNING AREAS, OPEN SPACE ARi-'AS, AND PARK
SITES OF THE PALOMA DEL SOL SPECIFIC PLAN
AMENDMENT NO. 8 LOCATED EAST OF MEADOWS
PARKWAY, NORTH OF DE PORTOLA ROAD, WEST OF
BUTTERFIELD STAGE ROAD, AND SOUTH OF PAUBA ROAD,
AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS.
955-030-003, 955-030-004, 955-030-006, AND 955-030-032
For the record Mayor Roberts noted the receipt of an indexed document regarding Newland
Communities' Planning Application Nos. 01-0109, 01-0102, and 01-0117, submitted by John C.
Condas, Esq., Michele A. Staples, Esq., Jeanine A. Scalero, Esq., firm of Jackson, DeMarco &
Peckenpaugh.
The staff report was I~resented
Providing an overview of the staff report (of record), Senior Planner Hogan noted that the
Paloma del Sol Specific Plan includes a General Plan Amendment, a modification to various
development standards, as well as a Tract Map; relayed the proposal to relocate the
commercial center, and to reduce the density; advised that this item was reviewed by the
Planning Commission where there were no major concerns, noting that while an adjacent
property owner has submitted letters regarding their concern regarding drainage issues, it was
the Planning Commission's determination to not subject the project to additional conditions due
to the drainage issue being previously addressed, and the solution still being in place; via
overheads, specified the location of the Open Space area, and the area which is now
Residential (which was originally Commercial); advised that the only remaining significant issue
between staff, the Planning Commission, and the applicant was the requirement for pedestrian
connections, specifying staff's recommended connections, and the applicant's opposition to
installing one of the connections, noting that the Planning Commission recommended approval
of this proposal without changing that condition (Condition No. ~6).
Continuing his presentation, Senior Planner Hogan relayed thai as part of this project's process,
there has been an addendum to the Environmental Impact Rel:~ort (EIR) prepared; and noted
that staff has evaluated the changes to the Specific Plan, and the changes to the environmental
impacts, and made a recommendation to the Planning Commission, which the Planning
Commission concurred with, that the addendum was an appropriate environmental document,
that the changes to the project were minimal, and that there wculd be no negative impacts with
this proposal, advising that this amendment would actually reduce various impacts (i.e., traffic,
and air quality).
For Councilman Comerchero, Senior Planner Hogan specified Ihe planning areas in which the
densities had been reduced.
In response to Mayor Pro Tem Stone's queries, Director of Public Works Hughes provided
additional information regarding Assessment District (AD) No. 159, clarifying that while the City
R:\Minutes\010802
6
of Temecula was not administrating this district, staff worked closely with this department in
monitoring the activities of the assessment district; noted that the district was viable and had
bonding capacity, relaying that there was a limit to the amount of funds available for the
Butterfield Interceptor Channel Project, advising that there was a viable solution that the County
deems could be funded with the district if the Coronas were willing to offer the area needed for
the improvements; and noted that the applicant (Newland Communities) for this particular
project has offered to add monies to AD No. 159 to contribute towards drainage improvements
to aid in solving the Coronas' concern; confirmed that staff concurred that Newland
Communities' property does not drain across the Coronas' parcel, advising that it was his
understanding that the Coronas were contending that due to thE; improvements to Butterfield
Stage Road, a damning affect has been created, negatively impacting their property.
For Councilman Naggar, City Attorney Thorsen confirmed that the changes, which have been
requested as part of this application, in staff's opinion, do not irnpact drainage or the Coronas'
property, noting that while staff opined that the two issues were separate, the Coronas disagree.
In response to Councilman Naggar, Senior Planner Hogan reiterated that it was anticipated that
the overall traffic volumes would be slightly less due to the reduction in residential units.
At this time Mayor Roberts opened the public hearing.
The applicant provides the proiect presentation
Mr. Barry Burnell, representing Newland Communities (the applicant), thanked staff, and the
Planning Commission for its thorough deliberations on all the issues; presented a PowerPoint
presentation, specifying the location of the commercial relocation, the Coronas' property, and
the detention basin; highlighted the changes to the plan resulting in the proposed Amendment
No. 8, additionally noting the changes which were associated with Amendment No. 7 (which
was approved two years ago), advising that staff, the Planning Commission, and the City
Council determined at the time of that amendment that there was no basis for additional
environmental review; noted that the three planning areas affected by the current amendment
are further from the Coronas' property than the property affected by the previous amendment,
advising that the applicant concurs with staff and the Planning Commission regarding this
proposed amendment, in particular that there is no nexus between the drainage concerns the
Coronas have raised and the current proposal; specified the location of the natural Open Space
area, the trail system, the private recreation facility, and the five-acre park; noted that this
project was originally approved for 5604 units, and has been reduced by approximately ten
percent (10%), relaying the current proposal at 5072 units; and advised that the previously
proposed school site has been relocated due to the lack of a need in this area.
Answering the questions of the Council, Mr. Burnell noted, for Councilman Naggar, that the
Open Space area will remain native in the center, that it was his understanding that there would
be some level of wetland mitigation in this area, that the edges would be manufactured and
contain drain structures and trails, clarifying that this 9-acre area could not be encroached upon
to enlarge the 5-acre park due to this Open Space area being designed according to the
Resource Agency's Standards; and for Councilman Comerchero, relayed that this development
project currently has approximately 4,000 dwelling units constructed at this time.
Public comments are heard
Ms. Michele Staples, attorney representing the Corona family, apologized for the lateness of the
lengthy material submitted to the City today, providing the rationale for the determination that
this data would be needed after reading the agenda packet material, noting that the information
includes a letter recently requested of AD Ne. 159 regarding the status of the district (denoted in
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supplemental agenda material as Exhibit No. 28), and data addressing Newland Communities'
request to be relieved from building restrictions placed on the project in 1999; specified that the
primary concern of the Coronas was that their property would now be subject to a flood hazard,
opining that this hazard was created by construction within the natural drainage area; requested
the City Council to deny approval of this particular application a,qd require that Newland
Communities construct the interceptor channel facility, which is part of the project's master plan
of drainage facilities, and is required by the project's Conditions of Approval (COAs) and
mitigation measures; provided additional information regarding '::he County's determination in
1988 that the interceptor channel would be necessary to redirect flows approaching the project
from the east, advising that the County would not approve Specific Plan No. 219 without
inclusion of a requirement to construct the facilities as part of the project (referencing
supplemental agenda material on page 6, Exhibit 2, Tab A ); noted inclusion of an excerpt of the
project's original underlying COAs that incorporated the 1988 Flood District's letter which
required the construction of the interceptor channel prior to development of downstream
properties (per supplemental agenda material, Exhibit 2, Tab 3); provided additional information
regarding this facility not being part of the responsibilities of AD No. 159; referencing Exhibit No.
2, Tab D, noted that a 1996 letter written by the Flood Control District notified the City of the
need to consider enforcing the project's flood control issues related to conditions with respect to
the requirement for an interceptor channel; and advised that approval of this particular project
would violate CEQA standards, additionally noting that Newland Communities has no vested
rights due to all rights being dependent on the underlying condi~:ions which includes construction
of the interceptor channel.
In response to Mayor Pro Tern Stone's request for clarification, City Attorney Thorson relayed
that it is staff's position that Newland Communities complies with the CE)As by its contributions
to AD No. 159, advising that it was required that the infrastructure facility be built via AD No.
159, noting that contributing to the dispute at hand was the fact that the Coronas, and the
County entities which are charged with building the facility cannot reach agreement on the
location of the channel which will significantly affect the costs of the project, relaying that the
Coronas' concern is related to how the facility would impact the Corona property, and what the
Coronas' contribution should be; and clarified that this facility w;~s required (via the COAs
associated with the project) to be constructed through the assessment district.
In response to City Attorney Thorson's comments, Ms. Staples reiterated that in the
supplemental agenda material submitted by the Coronas' attorr~eys, in Exhibit 2, in Tabs A, and
B that it is clear that the flood facility is required to be constructed prior to development of the
downstream acres it is meant to protect.
Addressing Councilman Comerchero's queries while referencing Attorney O'Neil's (attorney
representing Newland Communities) comments, which stated that the Coronas are unwilling to
accept their fair share of the cost in sought solutions for the construction of the interceptor
channel, Ms. Staples advised that this statement was false, thai: the Coronas have offered to
contribute their fair share of the difference of the project's facilities cost, that Newland
Communities is proposing to construct a 70-foot wide interceptor channel which would run
north/south through the Coronas' property; provided additional information regarding alternate
options for constructing an interceptor channel; and advised ths:t with respect to staffs opinion
that this particular proposed amendment does not impact the drainage course, noted that one of
the planning areas included in this proposal is directly in the path of where the natural channel
used to exist.
For Councilman Naggar, Senior Planner Hogan relayed that Planning Area (PA) No. 4 is
currently designated as Medium Density Residential, clarifying that the proposed Specific Plan
Amendment is not changing the land uses in this area. Mr. Burnell clarifying that the only
change in PA No. 4 was a correction in the denoted acreage (fram 42 acres to 40 acres), noting
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that there was an approved Tentative Tract Map which cannot be developed until the detention
is removed, which cannot be removed until the interceptor channel is built, clarifying that
Newland Communities was also being held up until this facility was constructed.
In response to Mayor Pro Tem Stone, Director of Public Works Hughes relayed that Newland
Communities' property included in AD No. 159, in comparison to the Coronas property was an
approximate ninety/ten-percent-type of distribution, confirming that a majority of the ownership
of AD No. 159 was Newland Communities'; and advised that the facility preferred by the
Coronas was more costly, noting that the more costly system would place more of the Coronas'
property out of the flood plain which would increase its value.
For Councilman Pratt, Ms. Staples advised that with respect to ownership, the Coronas had title
to their property prior to Newland Communities obtaining title to theirs.
Mr. Steve Corona, 33320 Highway 79, noted that Newland Communities unilaterally opted to
construct a permanent flood facility off-site (on the Corona property) without the Coronas'
knowledge, clarifying that the Coronas have never granted permission for any entity to place a
flood control channel across their proper[y; reiterated that AD No. 159 does not have the funds
to build an adequate channel facility, ergo the responsibility falls to Newland Communities (per
the project's COAs); noted the efforts of the Coronas to aid in the facilitation of the development
of an adequate facility, relaying the funding of the costs of a hydrological study to correct
mistakes performed by the former consultants via AD No. 159; clarified the disputes regarding
the location and size options for this facility, advising that it is Newland Communities' desire to
locate this facility on the Corona property, and it was the Corona's desire for this facility to be
located where it would cause the Feast damage to the ongoing farming operation on the
Coronas' proper[y, and any future use of the property; and requested the City Council to deny
any additional permits until this facility is built.
Dr. Robert Wheeler, representing Elsinore/Murrieta/Anza Resource Conservation District, 29090
Camino Albon, Murrieta, commended Attorney Staples for clearly stating the Coronas'
concerns; noting his concurrence; and opined that to approve this proposal if there are unmet
COAs and mitigation measures would be unjust, unreasonable, and potentially illegal,
recommending that if the City Council needed additional time t¢, review the recently submitted
data, that this item be continued.
The applicant provides rebuttal
Mr. Sam Alhadeff, attorney representing the applicant, provided the following information:
Specified that the previously-referenced condition (regarding the requirement to provide an
interceptor channel) was imposed on December 27, 1997 when the City approved Paloma
del Sol Tract No. 24182, and required that the on-site detention basin remain until the
Butterfield Interceptor Channel Project is constructed;
Advised that there is a fundamental disagreement regarding who is responsible for
constructing the interceptor channel;
Relayed that the district has always been responsible for construction of the interceptor
channel, referencing a letter written to Mr. Steve Corona from the County of Riverside,
specifying the following:
That the Butterfield Interceptor was included as an AD No. 159 facility to be located at
the eastern district boundary,
That the Coronas requested that other alternative plans be investigated,
That it was the County's position that if the Coronas were willing to p~ace the required
financial burden on the remainder of their property (which was outside of AD No. 159
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boundaries), that the Transportation Department would be willing to recommend
Alternative No. 5, and
That the County would require the Coronas' written concurrence to proceed with this
recommendation,
Advised that it was undisputed in all the data and information before the City Council that
the original design plan was an open channel proposed to be installed on the eastern
boundary of the Coronas 19.1 acres that are in the City of Temecula, clarifying that the
Coronas are seeking to include another 145 acres that they own (east of the present district
boundary) to be additionally protected by flood control work, noting that the County has
addressed this desire, relaying a willingness to work with the Coronas regarding the
property, if the Coronas are willing to assist in the financing;
Noted that Newland Communities was additionally burdened by this issue, relaying that
there were 40 acres that cannot be developed until the interceptor channel is constructed;
Advised that the Coronas have stated that they would be willing to contribute their fair share
if/as/when they cease farming which is not a feasible alternative, specifying that Newland
Communities has supported the Coronas in their alternative option, while noting that at this
time the Coronas favor a facility constructed 4800 feet east of Butterfield Stage Road, and
includes flood protection for their other 145 acres of property,;
Provided additional information regarding the funds available in the district for the approved
Interceptor Channel Project (which is the open channel concept), advising that while the
Coronas are opposed to the approved project (due to their desire to protect their entire 165
acres), they do not desire to finance the additional costs due to having no knowledge
if/as/when they will have their property developed commercially;
Reiterated that the current proposal before the City Council has no nexus with this
interceptor issue; and
With regard to the interceptor channel, reiterated that Newland Communities had 40 acres
of property being detained until the interceptor channel is constructed, that the Coronas
would desire to have their entire 165 acres protected by an interceptor channel, that there is
sufficient funding for the approved design of the open channel project, and that the Coronas
are opposed to this approved project.
In response to the queries of the Citv Council, Mr. AIhadeff relayed the following:
· For Mayor Roberts, confirmed that these same issues were discussed on November 9, and
16, of 1991, advising that after the Coronas and Newland Communities came to an
agreement, the Coronas came forward stating that they could not move forward with the
agreement; and noted that subsequently a question arose regarding an equity hold which
was agreed to voluntarily by the applicant.
For Mayor Pro Tem Stone, relayed that an interceptor channel was a required improvement
of the district; and provided additional information regarding the history of the assessment
district.
· Noted that the assessment district members are to fund the interceptor channel that the
engineers recommended for construction which was at the eastern edge of the district;
advised that there are sufficient monies within the district to provide an interceptor channel;
noted that if the Coronas were desirous of protecting all 165 acres (approximately 145 acres
of which are not in the district), they will have to seek an aw;nue for financing this project,
specifying that the differential in the cost of the facilities was approximately $4.5 million
(Director of Public Works Hughes specifying that the facility the Coronas desired to have
constructed further east was a more elaborate system than what was proposed by AD No.
159).
Provided additional information regarding the County's supposition that the Coronas would
dedicate their property for the approved intercept channel, rioting the benefits to the
Coronas if they were to do so (i.e., the increase in their property value with the
improvements), advising that it was his understanding that the Coronas would dedicate their
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property for the channel project if the location was relocated further east and would protect
all 165 acres of their property.
For Councilman Pratt, advised that if the only area rained on was the Coronas 145 acres
which is not included in the district, the water would most likely travel into the Coronas 19.1-
acre parcel; and clarified that it has been stated by the Coronas that this area will most likely
be used for commercial property, and not remain farmland.
For Councilman Naggar, specified that the recommended Open Channel Plan
(recommended by the district) has not changed, and that the cost for this facility would be
approximately $2.2-2.4 million with the dedication of the Corona property;
in response to Councilman Naggar, noted that the applicant had approximately 188 lots
encumbered by the detention basin which could not be developed until the interceptor
channel is completed; and confirmed that the value of the 500 building permits additionally
being set aside until the channel is constructed is approximately $4.5 million.
Advised that if it was the desire of the Coronas to have their 145-acre parcel protected
which was outside of the assessment district, the Coronas should bear this incremental
amount of money needed to protect all of their property, noting that the property owners in
this area could form a CFD or an alternate financing mechanism; and relayed that the
challenge at this point, was that the Coronas opined that their proper~y was not ready for
development.
Noted that two years ago the Coronas had the zoning changed on their property (within the
City limits) to Commercial, relaying that the entire property was being considered as a
whole.
While not being opposed to the Coronas' desire to protect all of their property (inclusive of
the 145 acres not included in AD No. 159), relayed that it was the applicant's position that
the Coronas should fund the additional flood protection.
In response to Mayor Pro Tem Stone, City Attorney Thorson confirmed that there was a
Condition of Approval that stated that the assessment district shall build an interceptor channel.
Mr. Dennis O'Neil, attorney representing the applicant, clarified that the main issue regarding
this agenda item was the entitlement permits which were before the City Council, that the
applicant opined that the City Council should approve this application in association with the
Development Agreement, the sound planning, and all of the conditions being satisfied; advised
that these flooding issues have been addressed numerous times in the past; clarified that the
Coronas' negative impacts were created when Butterfield Stage Road was constructed by AD
No. 159, which the applicant had no control over; opined that the Butterfield Stage Interceptor
should have been constructed prior to the roadway's construction due to the road causing the
flooding condition to occur on the Coronas' property; clarified that if this particular proposal is
not approved, and the prior Specific Plan had not been approved, the Coronas' impacts would
not change; reiterated that while the applicant has been working with the Coronas, it was the
applicant's opinion that it would not be equitable for the City Council to withhold development
rights until resolution is reached; and requested that the City Council discussions be focused on
the applicant's proposal before the City Council, and not the interceptor channel.
The Citv Council deliberates
Advising that these discussion issues (regarding the interceptor' channel) were the same as
those held approximately two years ago, Councilman Comerchero provided an overview of the
discussions held at that time, specifying the request for the applicant to set aside the
development of a specified amount of lots for the purpose of attempting to create an equal
playing field; noted that although the issues of disagreement did not involve the City, there were
efforts to create balance between the parties; relayed that the issue presented before the City
Council at this time (the Specific Plan Amendment) was a minor change, and would serve the
best the interests of the City; urged the City Council to not lose sight of the charge to protect
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the City, and not solely Newland Communities, or the Coronas; with respect to Mayor Pro Tem
Stone's suggestion to continue this item for two weeks, and to ¢~rm a Subcommittee to further
address these issues, noted that while this was a good plan, it would not be equitable if the City
Council makes the approval of the amendment contingent upon solving the interceptor channel
matter; and recommended the following: that the City Council a.~prove this proposed
amendment, that the City Council expend approximately 30 days in an attempt to resolve the
channel issue, and that if this matter were resolved, that the hold on the Newland Communities'
units be released.
MOTION: Councilman Comerchero moved to approve staff's recommendation; to form a
Subcommittee in an attempt to resolve the interceptor channel issue; and to reagendize the
matter of releasing Newland Communities' 500 lots if the channel issue were resolved.
Councilman Naggar seconded the motion. (Ultimately this motion was amended in order to
specify the members of the Subcommittee; see page 14.)
Concurring with Councilman Comerchero's comments, Councilman Naggar relayed
appreciation for his well-articulated summary of the issues associated with this item; with
respect to the issue of whether or not a Condition of Approval has been upheld regarding this
project, recommended that there be investigation as to whether all the conditions were adhered
to; and reiterated his concurrence with Councilman Comerchero, in particular, that this proposal
would serve the best interests of the City, specifically due to the reduction in density, an
appropriate movement of Commercial property, and an extension of park space and Open
Space, concurring that this item should not be held up due to the interceptor channel issue.
In response, Councilman Comerchero advised that while it was important that the issue of
whether the applicant was in compliance with the conditions be determined, it was his opinion
that this decision was made during the seven previous amendrnents, additionally reiterating City
Attorney Thorson's comment that it was staff's opinion that Newland Communities had satisfied
the conditions.
In response, Councilman Naggar noted that without the Newlar~d Communities development,
the Coronas would not have negative impacts, querying what the solution was if the Coronas
did not have the funds to participate in the drainage control solution.
For informational purposes, City Attorney Thorson relayed that currently the City of Temecula
does not write conditions, or attach comment letters, or typically do what was done in this case;
advised that all of the current Conditions of Approval are explicit as to what has to be done,
inclusive of a specified location; noted that any assessment districts or other financing
mechanisms are separate and apart from that; relayed that City staff does have vague issues
with respect to what was required of whom, and at what time; for Mayor Pro Tern Stone,
advised that in his view the requirement for an interceptor channel was a Condition of Approval
that the assessment district would build, noting that there was no clear-cut mandate for Newland
Communities to build the facility if the assessment district did not do so, additionally relaying
that there was no time limit set regarding the building of this significant drainage facility.
Mayor Pro Tem Stone advised that this particular condition (requiring the installation of the
interceptor channel) was included when the Specific Plan was being deliberated; acknowledged
that the unstable future of the assessment district was unknowr, at that time; noted that Newland
Communities, or its predecessors accepted this condition, knowing that they did not have the
control over the district to construct this amenity; advised that it was, and is, stressed from the
City Council dais that there be assurance that infrastructure will be in place prior to approving
projects; recommended that this item be postponed for two weeks, that two City
Councilmembers serve on a Subcommittee to hold discussions with the principals of each
opposing side, that there be agreement to re-agendize this issue the first meeting after the two-
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week period, and that at that point the City Council make a final determination; and advised that
addressing this issue would additionally aid in reducing potential legal fees which could result
from the outcome of the City Council's action.
At this time Mayor Roberts closed the public hearing.
In response to Mayor Pro Tem Stone's comments, Councilman Comerchero concurred that
while efforts should be made to find resolution, that Newland Communities was required to set
aside 500 lots two years ago, and were still required to do so, and that in his opinion this
proposed amendment should be approved.
Mayor Pro Tern Stone noted his reluctance to approve this application without the necessary
infrastructure in place.
For Councilman Pratt, City Attorney Thorson confirmed that without this proposed amendment,
Newland Communities could continue building with the exception of the 500-lot area, and the
detention basin area.
Concurring with Mayor Pro Tem Stone, Councilman Pratt relayed the importance of being firm
with respect to adherence to imposed conditions, in particular when the City was nearing build
out.
Referencing previously disclosed facts, Councilman Naggar advised that since the 500 set-
aside lots are equal in value to the cost differential in building the channel, that there was
sufficient leverage to encourage equitable discussions.
For informational purposes, Deputy City Manager Thornhill con[irmed the value of Newland
Communities' 500 lots which have been set aside; noted the additional area that Newland
Communities cannot develop which is where the detention basin is located. City Attorney
Thorson additionally noting the monies Newland Communities is obligated to pay into the
assessment district for their fair share of the costs of the interceptor channel; and provided
additional information regarding the issue of dispute regarding whose obligation it is to construct
the channel.
Relaying his reluctance to hold the parties up, Councilman Naggar queried the benefit of
continuing this matter for two weeks.
At this time Mayor Roberts reopened the public hearing.
In response to Council query, Mr. O'Neil relayed the applicant's willingness to meet with staff,
Council, or the Coronas in an attempt to address the interceptor channel issue; noted that the
channel can be funded and built at this time, advising that the dispute is regarding the approved
facility, and the fact that the Coronas are desirous of a facility costing millions more; relayed that
the applicant has satisfied the condition due to the existing provisions for the approved channel
project; concurred with Councilman Comerchero's motion which allowed for the proposed
amendments to go forward which benefited the City while still encouraging constructive dialogue
regarding avenues to actually construct the channel; relayed that since the applicant has
already been assessed $25 million to build AD No. 159 facilities, and was willing to place an
additional $2.5 million into this project, the applicant would most likely not be willing to pay an
additional $3 million; requested the City Council to consider thi.~; proposal in association with the
Development Agreement; and advised that the applicant has been attempting to resolve this
issue (the interceptor channel matter) with the Coronas for 2.5 ,.lears.
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At this time the public hearing was closed.
Mayor Pro Tern Stone advised that due to the importance of thi:s issue, it was his
recommendation that this item be continued for 30 days in order to attempt to resolve the
interceptor channel dispute.
At this time City Clerk Jones reiterated the motion that was on the table.
City Attorney Thorson introduced Ordinance No. 02-01 and read it by title only.
Councilman Comerchero advised that he would amend the motion in order to include the
specific Councilmembers who would serve on the Subcommittee, and after additional
discussion regarding who would serve on this particular Subcornmittee, the following motion
was offered:
AMENDED MOTION: Councilman Comerchero moved to approve staff's recommendation; to
form a Subcommittee consisting of Councilmembers Comerchero and Stone, in an attempt to
resolve the interceptor channel issue; and to re-agendize the matter of releasing Newland
Communities' 500 lots if the channel issue were resolved. Councilman Naggar seconded the
motion and roll call vote reflected approval of the motion as follows:
AYES:
Comerchero, Naggar, Pratt, and Roberts
NOES: Stone
City Manager Nelson relayed that discussions with staff, the Subcommittee members, and the
associated parties would ensue, recommending that during the:se discussions there be
consideration to construct an interim drainage improvement project.
COUNCIL BUSINESS
14 Selection of City Council Committee Assiqnments
RECOMMENDATION:
14.1 Appoint a member of the City Council to serve as liaison to each of the City
Commissions and Committees and to the Pechanga Tribal Council;
Commission Liaison (One Member)
Community Services Commission - Jeff Stone
Old Town Local Review Board - Sam Pratt
Old Town Redevelopment Advisory Committee - Ron Roberts
Planning Commission - Mike Naggar
Public/Traffic Safety Commission - Ron Roberts
Pechanga Tribal Council Liaison - Jeff Comerchero, Ron Roberts
MOTION: Councilman Comerchero moved to approve the Commission Liaison appointments
as noted on page 14. The motion was seconded by Cou~cilman Naggar and voice vote
reflected unanimous approval.
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14.2 Appoint two members of the City Council to serve on each of the following Advisory
Committees; - (,5-0-0) JC/JS
Advisory Committees (Two Members)
Community Service Funding Ad Hoc Committee - Mike Naggar, Jeff Stone
Economic Development/Old Town Steering Committee - Ron Roberts, Jeff
Comerchero
Finance Committee - Mike Naggar, Jeff Stone
Joint City Council/TVUSD Committee - Mike Naggar, Ron Roberts
Library Task Force - Ron Roberts, Jeff Stone
Old Town Temecula Community Theater Ad Hoc Committee/Theater
Advisory Committee - Jeff Comerchero, Sam Pratt
Public Works/Facilities Committee - Ron Roberts, Jeff Stone
MOTION: Councilman Comerchero moved to approve the Advisory Committee appointments
as noted above. The motion was seconded by Mayor Pro Tern Stone and voice vote reflected
unanimous approval.
14.3 Appoint member(s) of the City Council to serve on each of the following external
committees;
Representative Assignments (External Organizations)
· City of Murrieta Liaison - Ron Roberts, Jeff Stone
· County General Plan Update Committee - RCIP (attend meetings) - Jeff
Comerchero
· French Valley Airport Committee - Mike Naggalr, Sam Pratt
· League of California Congress - 2002 Voting Delegates - Ron Roberts, Jeff
Stone
· Multi-Species Habitat Conservation Plan Committee (attend meetings) - Mike
Naggar
· Murrieta Creek Advisory Board - Sam Pratt, (Alternate Jeff Stone)
· National League of Cities Annual Congress - 2002 Voting Delegate - Ron
Roberts, Jeff Stone
· Riverside County Habitat Conservation Agency-- Mike Naggar
· Riverside County Transportation Commission .- Ron Roberts, (Alternate Jeff
Comerchero)
· Riverside Transit Agency Representative - Jeff Comerchero, (Alternate Sam
Pratt)
· State Lobbyist Ad Hoc Advisory Group - deleted
· Temecula Sister City Corporation Board of Directors - Ron Roberts
· Trails Master Plan Development Committee - Mike Naggar, Jeff Stone
· WRCOG Representative - Jeff Comerchero, (Alternate Ron Roberts)
MOTION: Mayor Pro Tern Stone moved to approve the appointments for the Representative
Assignments as noted above with the reflected deletion. The motion was seconded by
Councilman Comerchero and voice vote reflected unanimous approval.
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14.4 Appoint member(s) of the City Council to serve on (;ach of the following Council
Subcommittees.
Council Subcommittees
· Animal Shelter Subcommittee- Mike Naggar, R:on Roberts
· Children's Museum Ad Hoc Subcommittee - Jeff Comerchero, Ron Roberts
· City's General Plan Update Committec (to be deleted upon formation of the
General Plan Steering Committee - Deleted
· Development Overlay Subcommittee- Deleted
· Electrical Needs Ad Hoc Subcommittee- Jeff Comerchero, Mike Naggar
· Homeless Programs & Services Subcommittee-- Mike Naggar, Sam Pratt
· Lennar Project Subcommittee - Deleted
· Rancho Community Church Subcommittee - Rcn Roberts, (Alternate Mike
Naggar)
· Roripaugh Ranch Annexation Ad Hoc Subcommittee - Ron Roberts, Jeff
Comerchero
· SAF-T NET Subcommittee- Jeff Stone, (Traffic Commissioner Connerton)
· Sports Park Ad Hoc Subcommittee - Jeff StonE,, Jeff Comerchero
· Wall of Honor Ad Hoc Subcommittee - Jeff Stone, Jeff Comerchero
· Water Park Subcommittee - Mike Naggar, Jeff Comerchero
· Villages of Old Town Ad Hoc Committee - Mike Naggar, Ron Roberts
MOTION: Mayor Pro Tem Stone moved to approve the Council Subcommittee appointments as
noted above with the reflected deletions. The motion was seconded by Councilman Naggar and
voice vote reflected unanimous approval.
15 Public/Traffic Safety Commission Appointments
RECOMMENDATION:
15.1 Appoint two applicants to serve on the Public/Traffic Safety Commission for full
three-year terms through October 10, 2004.
City Clerk Jones reviewed the staff report (as per agenda material).
MOTION: Mayor Pro Tem Stone moved to reappoint Mr. Darrell Connerton. The motion was
seconded by Councilman Naggar and voice vote reflected unanimous approval.
Commenting on the number of qualified applicants, Councilman Comerchero relayed his
support of Mr. Don Jones.
MOTION: Councilman Comerchero moved to appoint Don Jones. This motion died for the
lack of a second.
Reiterating Councilman Comerchero's comments on the numbsr of qualified applicants, Mayor
Roberts relayed his support of Dr. Mark Wedel.
MOTION: Mayor Roberts moved to appoint Dr. Mark Wedel. The motion was seconded by
Councilman Pratt and voice vote reflected unanimous approval.
Councilman Naggar encouraged those individuals who were not selected to reapply in the
future.
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Councilman Naggar encouraged those individuals who were nct selected to reapply in the
future.
CITY MANAGER'S REPORT
No comment.
CITY ATTORNEY'S REPORT
City Attorney Thorson advised that with regard to Closed Session Item No. 1 and the first
portion of item No. 2, there was no reportable action under the Brown Act.
With regard to the second portion of Item No. 2 (Eddie Roy Eider vs. City of Temecula), City
Manager Nelson advised that there was no reportable action under the Brown Act.
ADJOURNMENT
At 10:03 P.M., the City Council meeting was formally adjourned to Tuesday, January 22, 2002,
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R;\Minutes\010802
17
ITEM 3
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1, That the following claims and demands as set forth in Exhibit A, on file in the
Office of the City Clerk, have been audited by the City Manager, and that the same are hereby
allowed in the amount of $1,727,204.49.
Section 2, The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED, this 26th day of February, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
R:/Resos2002/Resos 02- 1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 02- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 26th day of February, 2002 by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
R:/Resos2OO2/Resos 02- 2
CITY OF TEMECULA
LIST OF DEMANDS
02/07/02 TOTAL CHECK RUN:
02/14/02 TOTAL CHECK RUN:
02~26/02 TOTAL CHECK RUN:
02/14/02 TOTAL PAYROLL RUN:
TOTAL LIST OF DEMANDS FOR 02/26/02 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001
165
190
192
193
194
195
210
261
280
300
310
320
330
340
471
GENERAL FUND
RDA DEV-LOW/MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
TCSD SERVICE LEVEL R
CAPITAL IMPROVEMENT PROJ. FUND
CFD 88-12 ADMIN EXPENSE FUND
REDEVELOPMENT AGENCY-CIP
iNSURANCE FUND
VEHICLES FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
CFD 98-1 ADMIN EXP
100
165
19o
192
193
194
280
300
32O
330
340
GENERAL FUND
RDA-LOW,'MOD SET ASIDE
COMMUNITY SERVICES DISTRICT
TCSD SERVICE LEVEL B
TCSD SERVICE LEVEL C
TCSD SERVICE LEVEL D
REDEVELOPMENT AGENCY-CIP
INSURANCE FUND
INFORMATION SYSTEMS
SUPPORT SERVICES
FACILITIES
TOTAL BY FUND:
PREPARED JADA.YON~ CUNT G SPECIALIST
$ 310,289,62
374,908,03
799,523.91
242,482.93
$ 1,727,204.49
1,162,998.62
14,046.71
90,847.93
34,176.56
9,955.06
447.09
89,362.74
2,250.00
6,492.71
582.27
39,451.33
18,553.63
4,092.98
8,408.93
174,042.08
4,458.24
43.345.49
66.24
3,749,25
552.90
2,245.63
867.04
6,930,62
4,339.01
242,482.93
$ 1,727,204.49
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
, HEREBY CERTIFY THAT TttE FOLLOWING IS TRUE AND CORRECT.
VOUCHRE2 CITY OF TEMECULA PAGE 9
02/07/02 10:27 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE
001 GENERAL FUND
165 RDA DEV- LOW/MOD SET ASIDE
190 COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL D
193 TCSD SERVICE LEVEL C
194 TCSD SERVICE LEVEL D
195 TCSD SERVICE LEVEL R
210 CAPITAL IMPROVEMENT PROJ FUND
261 CFD 88'12 ADMIN EXPENSE FUND
280 REDEVELOPMENT AGENCY - CIP
300 INSURANCE FUND
310 VENICLES FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
471 CFD 98-1ADMIN EXPENSE FUND
AMOUNT
262,121.09
6,566.32
15,613.47
1.23
223.76
21.03
1,680.00
4,779.94
2,250.00
4,866.01
14.55
650.00
4,743.67
539.89
4~843.66
1~375.00
TOTAL 310,289.62
VOUCBRE2 CITY OF TEMECULA PAGE 1
02/07/02 10:27 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CRECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT
74851 02/07/02 002539 3CMA/CITY COMMUNICATION MEMBERSHIP: GLORIA WOLNICK 001'111-999-5226 350.00 350.00
74852 02/07/02 001104 A R M A SD COUNTY CHAPT RECORDS MGMT 101:2/21:L.ROSA 001-120-999-5277 65.00 65.00
74853 02/07/02 003304 ADAMS ADVERTISING INC OLD TWN BILLBOARD RENTAL 280'199'999'5362 1,926.00 1,926.00
74B54 02/07/02 003568 ADVANTAGE BUSINESS EQUI SIGNATURE CHIP:CHECK SIGNER 001-140-999-5250 350.00
74854 02/07/02 003568 ADVANTAGE BUSINESS EQUI LABOR FOR INSTALLATION 001'140'999'5250 89.00
74854 02/07/02 003568 ADVANTAGE BUSINESS EQUI SALES TAX 001'140'999'5250 27.13
466.13
74855 02/07/02 001916 ALBERT A WEBB ASSOCIATE 2001-02 ANNUAL ADMIN CFD 88'12 261-199-999-5248 1,500.00
74855 02/07/02 001916 ALBERT A WEBB ASSOCIATE 2001-02 ANNUAL ADMIN CFD 98'1 471-199-999-5248 1,375.00
74855 02/07/02 001916 ALBERT A WEBB ASSOCIATE SALES TAX CONSULTING SERVICES 261'199'999'5248 750.00
3,625.00
74856 02/07/02 003859 ALL ABOUT SELF STORAGE STORAGE RENTAL UNIT C354 190-185-999-5250 960.00 960.00
74857 02/07/02 004022 AMERICAN MINI STORAGE, OFF SITE STORAGE UNIT F105 001-162-999-5234 485.00 485.00
74858 02/07/02 000747 AMERICAN PLANNING ASSOC MEMBERSHIP: JOHN DEGANGE AICP 001-161-999-5226 313.00 313.00
74859 02/07/02 000101 APPLE ONE, INC. TEMP HELP W/E 1/19 SEARCY 001-140'999-5118 364.00
74859 02/07/02 000101 APPLE ONE, INC. TEMP HELP W/E 01/19 DELARM 001-163-999-5118 572.00
74859 02/07/02 000101 APPLE ONE, INC. TEMP HELP N/E 01/26 SENG 001-162-999-5118 409.50
74859 02/07/02 000101 APPLE ONE, INC. TEMP HELP W/E 01/26 ROSS 330-199-999-5118 171.60
74859 02/07/02 000101 APPLE ONE, INC. TEMP HELP W/E 1/26 KING 001-140-999-5118 70.20
74859 02/07/02 000101 APPLE ONE, INC. TEMP HELP W/E 1/26 SEARCY 001-140-999-5118 570.17
74859 02/07/02 000101 APPLE ONE, INC. TEMP HELP W/E 01/26 DELARM 001-163-999-5118 457.60
2,615.07
74860 02/07/02 002541 BECKER CONSTRUCTION SRV RE'ISSUE CK:RAINBOW CYN REPAIR D01-164'601-5402
74860 02/07/02 002541 BECKER CONSTRUCTION SRV RE'ISSUE CK:MEDIAN REPAIRS 001-164-601-5402
11,155.00
1,635.00
12,790.00
74861 02/07/02 003817 BLUE RIDGE MEDICAL PARAMEDIC SQUAD SUPPLIES:FIRE 001-171-999-5311
4.40
4.40
74862 02/07/02 BRANDT, MATT REIMB:ADDL'T OPN HSE SUPPLIES 001-171-999-5296 394.63
394.63
74863 02/07/02 004081 BUSINESS FURNITURE GROU CITY HALL & MNTC FAC FURNITURE 001-171-999-5601 2,198.96
74863 02/07/02 004081 BUSINESS FURNITURE GROU CITY HALL & MNTC FAC FURNITURE 001-161-999-5601 618.19
74863 02/07/02 004081 BUSINESS FURNITURE GROU CITY HALL & MNTC FAC FURNITURE 001-120-999-5277 140.00
74863 02/07/02 004081 BUSINESS FURNITURE GROU CITY HALL & MNTC FAC FURNITURE 001-162-999-5601 655.99
3,613.14
74864 02/07/02 002099 BUTTERFIELD ENTERPRISES RESTROOM FAC RENTAL:OLD TWN 280-199-999-5234
826.00
826.00
74865 02/07/02 000901 C P R S DISTRICT XI PROP 40 WKBHP:2/13:PR/CM/BS 190-180-999-5258
45.00
45.00
74866 02/07/02 002534 CATERERS CAFE REFRBHMNTB:C.MGR BUSINESS MTG 001-110-999-5260 44.95
74866 02/07/02 002534 CATERERS CAFE REFRSHMNTS:FIRE AUTOMATION MTG 001-171-999-5260 58.18
74866 02/07/02 002534 CATERERS CAFE REFRBHMNT:GRADING ORDINANCE MT 001-163-999-5260 61.45
164.58
74867 02/07/02 COLLINS, DEBBIE REFUND: MUSIC FOR TODDLERS 190-183-4982 31.00
74868 02/07/02 004017 COMERCHERO, JEFF REIMB:CAL CITIES TOUR:l/14-16 001-100-999-5258 19.00
VOUCBRE2 CITY OF TEMECULA PAGE 2
02/07/02 10:27 VOUCHEN/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK
NUMBER
74868
74869
74870
74871
74872
74873
74874
74875
74876
74876
74876
74876
74876
74876
74876
74876
74876
74876
74877
74877
74877
74877
74877
74877
74877
74877
74877
74878
74878
74878
74878
74878
74878
74878
74878
74879
74880
CHECK VENDOR VENDOR
DATE NUMBER NAME
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
004017 COMERCBERO, JEFF
002945 CONSOLIDATED ELECTRICAL
003~39 COTTON BELAND ASSOCIATE
001014 COUNTRY SIGNS & DESIGNS
004571 CUNNIMGBAM DAVIS CORP
001233 DANS FEED & SEED INC
000684 DIENL EVANS & COMPANY
004808 DINE IN DELIVERY
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERViC
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SENVIC
001380 E S I EMPLOYMENT SEEVIC
001380 E S I EMPLOYMENT SERVIC
000517 ENTENMANN ROVIN & COMPA
000517 ENTENMANN EOVIN & COMPA
000517 ENTENMANN ROVIN & COMPA
000517 ENTENMANN ROVIN & COMPA
000517 ENTENMANN ROVIN & COMPA
000517 ENTENMANN ROVIN & COMPA
000517 ENTENMANN ROVIN & COMPA
000517 ENTENMANN ROVIN & COMPA
002060 EUROPEAN DEL[ & CATERIN
003959 EVERETT & EVERETT PAINT
ITEM ACCOUNT
DESCRIPTION NUMBER
ELECT REPAIRS: SPORTS PARK 190-180-999-5212
UPDATE HOUSING ELEMENT:MAY-JAN 001-161-999-5248
FAC IMPR PRGM:MERCATO ITALIANO 280-199-813-5804
CITYWIDE ASPHALT REPAIRS 001-164-601-5402
PROPANE GAS FOR PUBLIC WORKS 001-164-601-5218
2002 RDA WKSBP:3/15:KJ/PB/SR 001-140-999-5261
REFRSHMNTS:LIBRARY WORKSHOP 190-180-999-5260
FUEL FOR CITY VEBICLES
FUEL FOR CITY VENICLES
FUEL FOR CITY VEHICLES
CREDIT FOR CITY VEHICLE FUEL
ADJUSTMENT:CITY VEHICLES FUEL
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
190-180-999-5263
001-165-999-5263
001-163-999-5263
001-161-999-5263
001-161-999-5263
001-162-999-5263
001-165-999-5263
001-164-601-5263
001-164-604-5263
001-164-602-5263
TEMP HELP W/E 01/25 RUSH
TEMP HELP W/E 1/25 EBON
TEMP HELP W/E 01/25 MONTECINO
TEMP HELP W/E 01/25 MONTECINO
TEMP HELP W/E 01/25 BEER
TEMP HELP W/E 01/25 MCCOY
TEMP HELP W/E 1/25 ROSALES
340-199-701-5118
340-199-702-5118
'001-162-999-5118
001-161-999-5118
001-171-999-5118
TEMP HELP W/E 01/25 MCCLANAHAN 001-161-999-5118
TEMP HELP W/E 01/25 MARTINEZ 001-163-999-5118
POLICE BADGE FOR RON ROBERTS 001-100-999-5220
WALLET FOR BADGE 001-100-999~5220
FREIGHT 001-100-999-5220
SALES TAX 001-100-999-5220
MAYOR PRO TEM JEFF STONE BADGE 001-100-999-5220
WALLET FOR BADGE 001-100-999-5220
FREIGNT 001-100-999-5220
SALES TAX 001-100-999-5220
REFRSHMNTS:EXECUTIVE STAFF MTG 001-110-999-5260
RES IMPR PRGM:SANTIAGO & DEL R 165-199-813-5804
ITEM
AMOUNT
14.76
59.26
626.00
1,767.90
21,072.67
19.21
375.00
55.33
420.17
61.93
259.63
147.76-
14.77
103.19
129.11
492.21
21.95
17.85
2,129.05
1,194.40
751.80
250.60
2,403.00
2,647.94
1,872.55
1,089.60
1,176.00
68,00
35.00
8.00
7.73
68.00
35.00
7.73
7.7~
142.12
2,850.00
CHECK
AMOUNT
33.76
59.26
626.00
1,767.90
21,072.67
19.21
375.00
55.33
1,373.05
13,514.94
237.19
142.12
2,850.00
74881 02/07/02 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES 001-110-999-5230 40.53
VOUCNRE2 CITY OF TEMECULA PAGE 3
02/07/02 10:27 VOUCNER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK
NUMBER
74881
74881
74881
74881
74882
74882
74882
74882
74882
74882
74882
74882
74882
74883
74883
74884
74884
74884
74884
74884
74885
74886
74887
74888
74889
74889
74889
74889
74889
74889
74889
74889
74889
74889
74889
74889
74889
74889
74890
74890
CNECK VENDOR VENDOR
DATE NUMBER NAME
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
ITEM
DESCRIPTION
000165 FEDERAL EXPRESS IRC
000165 FEDERAL EXPRESS IRC
000165 FEDERAL EXPRESS INC
000165 FEDERAL EXPRESS INC
EXPRESS MAIL SERVICES
EXPRESS MAIL SERVICES
EXPRESS MAIL SERVICES
EXPRESS NAIL SERVICES
003347 FIRST BANKCARD CENTER
003347 FIRST BAMKCARD CENTER
003347 FIRST BANKCARD CENTER
003347 FIRST BANKCARD CENTER
003347 FIRST BANKCARD CENTER
003347 FIRST BANKCARD CENTER
003347 FIRST BANKCARD CENTER
003347 FIRST 8ANKCARD CENTER
003347 FIRST BANKCARD CENTER
XX-7824 COMERCNERO:LEAGUE/CORF
XX-9798 STONE:LEAGUE/OFFCE DPT
XX'9798 STONE:LEAGUE/OFFCE DPT
XX-9277 ROBERTS,R:LEAGUE/CONF
XX-1405 UBNOSKE:APA/UCR EXT/MT
XX'1405 UBNOSKE:APA/UCR EXT/MT
XX-0515 THORNHILL:FRANKLIN CVY
XX'1143 PARKEN:TRAINING/MTG
XX-1143 PARKER:TRA1NING/MTG
001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS
001135 FIRST CARE INDUSTRIAL M HEPATITAS B VAC FOR TCSD MNTC
GILROY, L.J. BUD
GILROY, L.J. BUD
GILROY, L.d. BUD
GILNOY, L.J. BUD
GILROY, L.J. BUD
REFUND:BLDG PERMIT PA00-0347
REFUND:BLDG PERMIT PA00-0347
REFUND:BLDG PERMIT PA00-0347
REFUND:BLDG PERMIT PA00-0347
REFUND:BLDG PERMIT PA00-0347
002528 GLASS BLASTERS IRC CITY MUGS FOR NEW HIRES
GOMZALEZ, JERRY
EE COMPUTER PURCHASE PRGM
000175 GOVERNMENT FINANCE OFFI BOOK: GOV ACCT AUDIT & REPRT
004775 NALEY, J K
RES IMPR PRGM: OROSCO,JONN
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE IRC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE IRC
000186 HANKS HARDWARE
000186 HANKS HARDWARE IRC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE INC
000186 HANKS HARDWARE IRC
RARDWARE SUPPLIES: PW MNTC
HARDWARE SUPPLIES: CITY HALL
HARDWARE SUPPLIES: SR CENTER
HARDWARE SUPPLIES: CRC
HARDWARE SUPPLIES: TCSD MNTC
HARDWARE SUPPLIES: TCSD MNTC
HARDWARE SUPPLIES: TCC
HARDWARE SUPPLIES: MUSEUM
HARDWARE SUPPLIES: TCC
HARDWARE SUPPLIES: PW TRAFFIC
HARDWARE SUPPLIES: PW MNTC
HARDWARE SUPPLIES: MUSEUM
HARDWARE SUPPLIES: MUSEUM
HARDWARE SUPPLIES: OLD TOWN
002906 HEMET FENCE COMPANY
002906 HEMET FENCE COMPANY
RES IMPR PRGM: BELL,PATRICIA
RES IMPR PRGM ADJUSTMENT
ACCOUNT
NUMBER
001-150-999-5230
001-140-999-5230
001-161-999-5230
001-171-999-5230
001-100-999-5258
001-100-999-5258
001-100-999-5220
001-100-999-5258
001-161-999-5261
001-161-999-5260
001-161-999-5220
190-180-999-5261
190-180-999-5260
001-150-999-5250
190-180-999-5250
001-171-4036
190-180-4107
001-161-4107
001-163-4388
001-163-4107
001-150-999-5265
001-1175
001-140-999-5228
165-199-813-5804
001-164-601-5218
340-199-701-5212
190-181-999-5212
190-182-999-5212
190-180-999-5212
190-180-999-5212
190-184-999-5212
190-185-999-5212
190-184-999-5212
001-164-602-5218
001-164-601-5218
190-185-999-5212
190-185-999-5250
001-164-603-5212
165-199-813-5804
'165-199-813-5804
ITEM
AMOUNT
25.18
21.35
12.17
22.27
1,179.73
765.00
58.16
2,123.01
901.00
30.25
561.58
55.00
46.72
85.00
70.00
1,063.00
355.00
1,393.00
111.00
628.00
17.24
2,000.00
85.00
1,900.00
122.70
170.61
13.80
243.24
962.34
616.84
23.55
20.83
58.31
4.08
201.11
53.10
16.29
25.55
700.00
350.00-
CNECK
AMOUNT
121.50
5,720.45
155.00
3,550.00
17.24
2,000.00
85.00
1,900.00
2,532.35
350.00
74891 02/07/02 002126 HILLYARD FLOOR CARE SUP CRC GYM FLR CLEANING SUPPLIES 190-182-999-5212 92.21
VOUCHRE2
02/07/02
VOUCHER/
CHECK
NUMBER
74891
74892
74893
74894
74895
74896
74897
74898
74899
74900
74901
74902
74903
74903
74903
74904
74904
74905
74906
74906
74906
74906
74907
74908
74908
74909
74909
74909
74910
74910
74911
10:27
CHECK
DATE
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
02/07/02
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR VENDOR
NUMBER NAME
002126 HILLYARD FLOOR CARE SUP
RONG~ KYUNG OK
BUNTINGTON LIBRARY, THE
001407 INTER VALLEY POOL SUPPL
ISLAMIC CENTER OF TEMEC
002140 JAGUAR COMPUTER SYSTEMS
JEONG, HO
JESTER, KAREN
JIMEREZ, CLEMENT
000203 JOBS AVAILABLE INC
KING, KIMBERLY
KNIGHT, NANCY
001282 KNORR SYSTEMS INC
001282 KNORR SYSTEMS IRC
001282 KNORR SYSTEMS INC
002519 LAB SAFETY SUPPLY INC
002519 LAB SAFETY SUPPLY IRC
000210 LEAGUE OF CALIF CITIES
004412 LEANDER, KERRY D.
004412 LEANDER, KERRY D.
004412 LEANDER, KERRY D.
004412 LEANDER, KERRY D.
004807 LINE X OF TEMECULA
ITEM
DESCRIPTION
CRC GYM FLR CLEANING SUPPLIES
REFUND: MUSIC FOR CHILDREN
8x10 DON PIO PICO PHOTO:MUSEUM
POOL SANITIZING CHEMICALS
HE-ISSUE CK:SECURITY DEPOSIT
NETWORK EQUIPMENT MNTC/REPAIRS
REFUND: MUSIC FOR CHILDREN
REIMB:LUNCH MTG FOR CONVERSION
REIMB:LAHD USE LAW CONF:1/25
RECRUITMENT AD:PW MNTC WORKER
REFUND: DANCE - BALLROOM
REFUND: DANCE-BALLROOM
CRC POOL 16~ SPRINGBOARD
FREIGHT
SALES TAX
MISC MNTC SUPPLIES: PW CREWS
FREIGHT
MEYERS-MILAS-BROWN PCKT GUIDE
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
ACCOUNT
NUMBER
190-182-999-5212
190-183-4982
190-185-999-5250
190-186-999-5250
190-180-4060
320-199-999-5250
190-183-4982
001-140-999-5260
001-163-999-5261
001-150-999-5254
190-183-4982
190-183-4982
190-186-999-5212
190-186-999-5212
190-186-999-5212
001-164-601-5218
001-164-601-5218
001-150-999-5220
190-183-999-5330
190-183-999-5330
190-183-999-5330
190-183-999-5330
SPRAY ON BEDLINER:CODE ENF TRK 310-1910
004371 LOGIC COMPUTER PRODUCTS MAXELL DLT4 BACKUP TAPE
004371 LOGIC COMPUTER PRODUCTS SALES TAX
004141 MAINTEX IRC SR CTR CUSTODIAL SUPPLIES
004141 MAINTEX INC CRC CUSTODIAL SUPPLIES
004141 MAINTEX IRC VAR PARKS CUSTODIAL SUPPLIES
000220 MAURICE PRINTERS IRC
000220 MAURICE PRINTERS INC
000944 MCCAIN TRAFFIC SUPPLY I
320-199-999-5221
320-199-999-5221
190~181-999-5212
190-182-999-5212
190-180-999-5212
QTY 5000 CTY TEMECULA BROCBURE 001-111-999-5270
SALES TAX 001-111-999-5270
HARDWARE:TRF SGNL:LOMA LINDA 001-164-602-5242
ITEM
AMOUNT
348.01
42.00
21.24
203.43
100.00
212.50
42.00
65.71
268.19
82.80
5.00
10.00
2~388,00
95.00
185,07
925.00
461.79
121.00
204.00
204.00
72.00
84.00
650.00
1,342.95
110.79
159.21
159.21
122.17
2,848.00
220.72
290.40
PAGE 4
CHECK
AMOUNT
440.22
42.00
21.24
203.43
100.00
212.50
42.00
65.71
268.19
82.80
5.00
10.00
2,668.07
1,386.79
121.00
564.00
650.00
440.59
3,068.72
VOUCHER2 CITY OF TEMECULA PAGE 5
02/07/02 10:27 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CNECK VENDOR VENDOR ITEM
NUMBER DATE NUMBER NAME DESCRIPTION
ACCOUNT
NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
74911 02/07/02 000944 MCCAIN TRAFFIC SUPPLY I SALES TAX
001-164-602-5242
22.51
312.91
74912 02/07/02 MCVEY, SUZANNE
REIMB:TEEN COUNCIL EVENT:12/15 190-183-999-5320
61.56
61.56
74913 02/07/02 004208 MILANOS
REFRSNMNTS:COUNCIL WRKSHP:1/29 001-100-999-5260
218.75
218.75
74914 02/07/02 000883 MONTELEONE EXCAVATING STREET REPAIRS & EMERG WORK 195-180-999-5402
74914 02/07/02 000883 MONTELEONE EXCAVATING STREET GRADING:FRONT STREET 001-164-601-5402
74914 02/07/02 000083 MONTELEONE EXCAVATING CITYWIDE CLEAN-UP OF STREETS 001-164-601-5402
74914 02/07/02 000883 MONTELEONE EXCAVATING CREDIT:BILLING ERROR 001-164-601-5402
74915 02/07/02 000775 MUNIMETRIX SYSTEMS CORP
CLERKS INDEX SOFTWARE SUPPORT
320-199-999-5211
1,680.00
1,584.00
1,712.00
36.00-
480,00
4,940.00
480.00
74916 02/07/02 001986 MUZAK INC
FEB MUSIC BROADCAST:OLD TOWN 001-164-603-5250
59.50
59.50
74917 02/07/02 000727 NATIONAL FIRE PROTECTIO RENEW ANNUAL MBRSHP:FIRE MRSHL 001-171-999-5226
115.00
115.00
74918 02/07/02 002898 NIXON EGLI EQUIPMENT CO PW PATCH TRUCK REPAIR
001-164-601-5214
677.90
677.90
74919 02/07/02 004191 NORTB COUNTY TIMES-PMT ANNUAL SUBSCRIPTION:CITY MGR 001-110-999-5228
94.80
94.80
74920 02/07/02 002105 OLD TOWN TIRE & SERVICE
74920 02/07/02 002105 OLD TOWN TIRE & SERVICE
74920 02/07/02 002105 OLD TOWN TIRE & SERVICE
CITY VEHICLE REPAIRS & MAINT
CITY VEHICLE REPAIRS & MAINT
CITY VEHICLE REPAIRS & MAINT
001-161-999-5214
001-161-999-5214
001-161-999-5214
243.70
157.70
34.42
435.82
74921 02/07/02 002668 OMEGA LAKE SERVICES FEB DUCK POND WATER MAINT SVCS 190-180-999-5250
800.00
800.00
74922 02/07/02 001619 ORANGE COUNTY REGISTER
74922 02/07/02 001619 ORANGE COUNTY REGISTER
74922 02/07/02 001619 ORANGE COUNTY REGISTER
VAR RECRUITMENT ADS FOR HR
VAR RECRUITMENT ADS FOR HR
RECRUITMENT AD:ENGINEERING
001-150-999-5254
001-150-999-5254
001-150-999-5254
74923 02/07/02 PADiLLA, LOURDES REFUND:HAWAIIAN DANCE TEEN ADV 190-183-4982
368.52
379.80
289.20
30.00
1,037.52
30.00
74924 02/07/02 004463 PERFECT FORM BUSINESS
74924 02/07/02 004463 PERFECT FORM BUSINESS
74924 02/07/02 004463 PERFECT FORM BUSINESS
OTY 5100 BUSINESS LICENSE CERT
FREIGHT
SALES TAX
001-140-999-5222
001-140-999-5222
001-140-999-5222
498.22
15.00
38.61
551.83
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-111-999-5270
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5250
74925 02/07/02 000249 PETTY CASH PETTY CASN REIMBURSEMENT 001-164-601-5250
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5220
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5250
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-111-999-5220
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-604-5220
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5374
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5261
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-1B0-999-5260
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5260
74925 02/07/02 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265
32.33
64.00
64.00
7.99
25.00
9.68
20.00
15.60
40.00
36.76
27.81
47.50
32.16
44.31
VOUCNRE2 CITY OF TEMECULA PAGE 6
02/07/02 10:27 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
ITEM ACCOUNT ITEM CHEEK
DESCRIPTION NUMBER AMOUNT AMOUNT
74925 02/07/02 000249 PETTY CASH
74925 02/07/02 000249 PETTY CASH
74925 02/07/02 000249 PETTY CASH
74925 02/07/02 000249 PETTY CASH
74925 02/07/02 000249 PETTY CASH
PETTY CASH REIMBURSEMENT 001"1270 20.83
PETTY CASH REIMBURSEMENT 190-183-999-5320 31.74
PETTY CASH REIMBURSEMENT 001-161'999'5260 42.42
PETTY CASH REIMBURSEMENT 001-1270 52.00
PETTY CASB REIMBURSEMENT 190'180-999-5260 49.12
663.25
74926 02/07/02 000253 POSTMASTER
74926 02/07/02 000253 POSTMASTER
74926 02/07/02 000253 POSTMASTER
74926 02/07/02 000253 POSTMASTER
74926 02/07/02 000253 POSTMASTER
EXPRESS MAIL & POSTAL SERVS 001'161'999'5230 57.35
EXPRESS MAIL & POSTAL SERVS 001'120'999'523D 24.85
EXPRESS MAIL & POSTAL SERVS 001-110-999-5230 24.90
EXPRESS MAIL & POSTAL SERVS 001'120'999'5230 66.05
EXPRESS MAIL & POSTAL SERVS 001'161'999'5230 32.50
205.65
74927 02/07/02 002880 PRO'CRAFT SASH & SUPPLY RES IMPRV PRGM: SANTIAGO 165-199-813-5804 1~300.00 1,300.00
74928 02/07/02 004766 QUICK COVERS CONSTR METAL COVER:FIRE STN 92 210-165-}rj9-5804 4,615.08 4,615.08
74929 02/07/02 002612 RADIO SHACK INC MISC COMPUTER SUPPLIES 320-199-999-5221 40.56 40.56
74930 02/07/02 000947 RANCBO REPROGRAPBICS DUPL BLUEPRINTS:MARG RD WIDEN 2107165'706-5804 164.86 164.86
74931 02/07/02 000266 RIGHTWAY FEB EQUIP RENTAL-LONG CYN CRK 190-180-999-5238 54.39
74931 02/07/02 000266 RIGHTWAY FEB EQUIP RENTAL - RIVERTON PK 190-180-999-5238 70.89 125.28
74932 02/07/02 003698 RIVERSIDE CO ECONOMIC PARTIAL PMT:FY01-02 MRKT AGRMN 001-111-999-5264 37~500.00 37~500.00
74933 02/07/02 001365 RIVERSIDE CO ENVIRONMEN OCT-DEC 2001 VECTOR CONTROL 001-172-999-5453 177.88 177.88
74934 02/07/02 000268 RIVERSIDE CO HABITAT JAN 2002 K-RAT PAYMENT 001-2300
125~060.00 125~060.00
74935 02/07/02 000873 ROBERTS~ RONALD H. REIMB:LEGISLATIVE TOUR:l/14-16 001-100-999-5258 19.15
19.15
74936 02/07/02 000278 SAN DIEGO UNION TRIBUNE VAR RECRUITMENT ADB FOR HR 001-150-999-5254 614.43
74937 02/07/02 000278 SAN DIEGO UNION TRIBUNE DEE DISPLAY AD:DICKENS HOLIDAY 280-199-999-5362 286.00
614.43
286.00
74938 02/07/02 000645 SMART & FINAL INC RECREATION SUPPLIES FOR TCSD 190-183-999-5320 72.46 72.46
74939 02/07/02 000537 SO CALIF EDISON JAN 2-22-575-0876 VARIOUS MTRB 190-180~999-5319 354.36
74939 02/07/02 000537 SO DALIF EDISON JAN 2-10-331-2153 TLC 190-184-999-5240 663.53
74939 02/07/02 000537 SO CALIF EDISON JAN 2-20-792-2444 VARIOUS MTRS 190-180-999-5319 206.97
74939 02/07/02 000537 SO CALIF EDISON JAN 2-20-798-3248 CHLDRN MUS. 190-188-999-5240 58.69
74939 02/07/02 000537 SO CALIF EDISON JAN 2-19-683-3255 FRONT ST PED 001-164-603-5319 357.60
74939 02/07/02 000537 SO CALIF EDISON JAN 2-19-683-3263 FRONT ST PED 001-164-603-5319 400.06
74939 02/07/02 000537 SO CALIF EDISON JAN 2-23-153-5501 MARGARITA 190-180-999-5240 12.10
74939 02/07/02 000537 SO CALIF EDISON JAN 2-02-502-8077 MAINT FAC 340-199-702-5240 1,879.19
74939 02/07/02 000537 SO CALIF EDISON JAN 2-20-347-8409 MCCABE/TMS 190-180-999-5240 1,096.51
74939 02/07/02 000537 SO CALIF EDISON JAN 2-23-051-9399 MARGARITA 190-180-999-5240 12.79
74939 02/07/02 000537 SO CALIF EDISON JAN 2-18-528-9980 SANTIAGO RD 190-180-999-5319 53.43
5,095.23
74940 02/07/02 000282 SO CALIF MUNICIPAL ATHL MEMBERSHIP DUES:JoPELLETIER 190-180-999-5226 50.00 50.00
VOUCHRE2 CITY OF TEMECULA PAGE
02/07/02 10:27 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCNER/
CHECK CHECK VENDOR VENDOR ITEM
NUMBER DATE NUMBER NAME DESCRIPTION
ACCOUNT
NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
74941 02/07/02 000519 SOUTR COUNTY PEST CONTR CITY HALL PEST CONTROL SVCS
74941 02/07/02 000519 SOUTH COUNTY PEST CONTR MAINT FAC PEST CONTROL SVCS
340-199-701-5250
340-199-702-5250
56.00
40.00
96.00
74942 02/07/02 000293 STADIUM PIZZA
REFRESHMNTS:TEEN COUNCIL:01/22 190'183'999-5320
58.66
58.66
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS~ COMP PREMIUM 001-2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS' COMP PREMIUM 165'2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS' COMP PREMIUM 190'2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS' COMP PREMIUM 192-2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS' COMP PREMIUM 193-2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS' COMP PREMIUM 194-2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS' COMP PREMIUM 280'2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS~ COMP PREMIUM 300-2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS~ COMP PREMIUM 320'2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS~ COMP PREMIUM 330'2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS~ COMP PREMIUM 340-2370
74943 02/07/02 004420 STATE COMP INSURANCE FU JAN 2002 WORKERS; COMP PREMIUM 001-1182
8,642.34
166.32
2,863.77
1.23
223.76
21.03
60.11
14.55
131.68
29.95
409.86
42,13
12,606.73
74944 02/07/02 000574 SUPERTONER HP PRINTER SUPPLIES 320-199-999-5221
74944 02/07/02 000574 SUPERTONER HP PRINTER SUPPLIES 320-199-999-5221
74944 02/07/02 000574 SUPERTONER HP PRINTER SUPPLIES 320-199-999-5221
74944 02/07/02 000574 SUPERTONER HP PRINTER MAINTENANCE SVC 320-199-999-5215
74945 02/07/02 003673 TECH 101 ARCUS INC MISC COMPUTER SUPPLIES 320-199-999-5221
679.90
53.88
235.97
587.32
571.30
1,557.07
571.30
74946 02/07/02 000168 TEMECULA FLOWER CORRAL SUNSHINE FUND 001-2170 210.98
210.98
74947 02/07/02 004541 TEMECULA RADIATOR/AUTO VEHICLE REPAIRS:MEDIC SQUAD 001-171-999-5214
74948 02/07/02 000307 TEMECULA TROPHY COMPANY RECOGNITION PLAQUE:J.MEYLER 190-180-999-5250
74948 02/07/02 000307 TEMECULA TROPHY COMPANY PW DEPT RECOGNITION AWARD 001-150-999-5265
4,309.13
87.32
5.68
4,309.13
93.00
74949 02/07/02 000919 TEMECULA VALLEY UNIFIED DEC VEHICLE FUEL USAGE 001-164-601-5263
74949 02/07/02 000919 TEMECULA VALLEY UNIFIED DEC VERICLE FUEL USAGE 001-165-999-5263
74949 02/07/02 000919 TEMECULA VALLEY UNIFIED DEC VEHICLE FUEL USAGE 001'162-999-5263
74949 02/07/02 000919 TEMECULA VALLEY UNIFIED DEC VEHICLE FUEL USAGE 190-1B0-999-5263
74949 02/07/02 000919 TEMECULA VALLEY UNIFIED DEC VEHICLE FUEL USAGE 340-199-701-5263
241.96
63.19
166.10
198.59
91.20
761.04
74950 02/07/02 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES FOR CIP 001-165-999-5220
74950 02/07/02 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES FOR PW ADMIN 001-164-604-5220
74950 02/07/02 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES FOR PW ADMIN 001-164-604-5220
74950 02/07/02 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES FOR FINANCE 001-140-999-5220
32.76
258.54
156.48
30.67
478.45
74951 02/07/02 004261 VERIZON CALIFORNIA JAN XXX-9897 GENERAL USAGE 320-199-999-5208
76.04
76.04
74952 02/07/02 004848 VERIZON SELECT SERVICES LONG DISTANCE PHONE SVCS
320-199-999-5208
220.78
220.78
74953 02/07/02 000339 WEST PUBLISHING COMPANY CITY HALL LEGAL PUBLICATIONS 001-120-999-5228
64.63
64.63
74954 02/07/02 002109 WHITE CAP INDUSTRIES IN PW MAINTENANCE SUPPLIES 001-164-601-5218 201.63 201.63
VOUCHRE2
02/07/02 10:27
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
74955 02/07/02 000341 WILLDAN ASSOCIATES INC
74956 02/07/02 000345 XEROX CORPORATION BILLI
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM ACCOUNT
DESCRIPTION NUMBER
TRF SGNL DSGN:LOMA LINDA/W.VLY 001-164"602-5412
XEROX FAX SUPPLIES 330-199-999-5220
ITEM
AMOUNT
3,762.50
338.34
PAGE 8
CHECK
AMOUNT
3~762.50
338.34
TOTAL CHECKS 310,289.62
VOLICHRE2
02/14/02
12:43
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 14
FUND TITLE
001 GENERAL FUND
165 RDA DEV- LOW/MOO SET ASIDE
190 COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL 8
193 TCSD SERVICE LEVEL C
194 TCSD SERVICE LEVEL D
210 CAPITAL IMPROVEMENT PROJ FUND
280 REDEVELOPMENT AGENCY - CIP
300 INSURANCE FUND
310 VEHICLES FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
AMOUNT
18D,998.23
7,480.39
64,682.71
34,175.33
9,731.30
426.06
51,320.80
1,626.70
567.72
2,970.47
13,809.96
3,553.09
3,565.27
TOTAL 374,908.03
VOUCHRE2
02/14/02
VOUCHER/
CHECK
NUMBER
21402
21402
21402
21402
21402
21402
21402
21402
21402
21402
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
35881
12:43
CHECK VENDOR VENDOR
DATE NUMBER NAME
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
000642 TEMECULA CITY FLEXIBLE
D00642 TEMECULA CITY FLEXIBLE
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
000245
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERB HEALTH INBUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS (HEALTH INSUR. PRE
PRES HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERB HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH [NSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH IMSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH INSUR. PRE
PERS HEALTH iNSUR. PRE
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 1
ITEM ACCOUNT ITEM CHECK
DESCRIPTION NUMBER AMOUNT AMOUNT
4,672.20
555.00
3.75
1.25
11.25
466.66
327.75
18.7~
32.46-
10.83-
EMPLOYEE CONTRIBUTION TO FLEX 001-1020
EMPLOYEE CONTRIBUTION TO FLEX 190-1020
EMPLOYEE CONTRIBUTION TO FLEX 194-1020
EMPLOYEE CONTRIBUTION TO FLEX 192-1020
EMPLOYEE CONTRIBUTION TO FLEX 193-1020
EMPLOYEE CONTRIBUTION TO FLEX 330-1020
EMPLOYEE CONTRIBUTION TO FLEX 320-1020
EMPLOYEE CONTRIBUTION TO FLEX 340-1020
EMPLOYEE CONTRIBUTION TO FLEX 165'1020
EMPLOYEE CONTRIBUTION TO FLEX 280'1020
000245 BLSHIELD 001-2090 1,621.72
000245 BLSHiELD 190-2090 1,359.45
000245 BLSHIELD 340-2090 257.51
000245 HELTHNET 001-2090 5,099.04
000245 HELTHNET 190-2090 1,515.50
000245 HELTHNET 193-2090 63.56
000245 HELTHNET 194-2090 31.78
000245 HELTHNET 340-2090 687.98
000245 KAISER 001-2090 2,717.14
000245 PACCARE 001-2090 8,183.47
000245 PACCARE 165-2090 400.69
000245 PACCARE 190'2090 410.96
000245 PACCARE 280-2090 133.56
000245 PC 001-2090 16.00
000245 PERS CHO 001-2090 4,516.69
000245 PERB CHO 190-2090 614.66
000245 PERS CHO 280-2090 26.61
000245 PEBS DED 001-2090 1,371.38
000245 PERB'ADM 001'2090 176.82
000245 UNI 001-2090 3,928.63
000245 UNI 190-2090 775.61
000245 UNI 193-2090 168.61
000245 UNI 330-2090 84.30
000245 BLSHIELD 001-2090 154.90
000245 BLBHIELD 190'2090 48.85
000245 BLSHIELD 340-2090 24.15
000245 HELTHNET 001'2090 100.38
000245 HELTHNET 190'2090 62.94
000245 HELTHNET 340-2090 11.18
000245 KAISER 001'2090 57.10
000245 PACCARE 001'2090 409.50
000245 PACCARE 165-2090 80.03
000245 PACCARE 280-2090 26.68
000245 PERS CHO 001-2090 365.40
000245 PERS CHO 190-2090 121.04
000245 PERS REV 001-2090 1,462.15'
6,013.32
34,161.67
36021 02/14/02 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 27,981.91
36021 02/14/02 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 669.01
36021 02/14/02 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190'2390 5,307.40
VOUCHRE2
02/14/02 12:43
VOUCHER/
CHECK CHECK VENDOR
NUMBER DATE HUMBER
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
36021 02/14/02 000246
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263741 02/14/02 000283
263787 02/14/02 000444
263787 02/14/02 000444
263787 02/14/02 000444
263787 02/14/02 000444
263787 02/14/02 000444
263787 02/14/02 000444
VENDOR
NAME
CITY OF TEMEOULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
PERS (EMPLOYEES~ RETIRE 000246
PERS (EMPLOYEES~ RETIRE 000246
PERS (EMPLOYEES~ RETIRE 000246
PERS (EMPLOYEES~ RETIRE 000246
PERS (EMPLOYEES~ RETIRE 000246
PERS (EMPLOYEESt RETIRE 000246
PERS (EMPLOYEES' RETIRE 000246
PRES (EMPLOYEESt RETIRE 000246
PERS (EMPLOYEES' RETIRE 000246
PRES (EMPLOYEES' RETIRE 000246
PERS (EMPLOYEES' RETIRE 000246
PERS (EMPLOYEES' RETIRE 000246
PERS (EMPLOYEES' RETIRE 000246
PRES (EMPLOYEES' RETIRE 000246
PERS EMPLOYEES' RETIRE 000246
PERS EMPLOYEES' RETIRE 000246
PERS EMPLOYEES' RETIRE 000246
PERS EMPLOYEES' RETIRE 000246
PRES EMPLOYEES' RETIRE 000246
PERS EMPLOYEES~ RETIRE 000246
PERS EMPLOYEES~ RETIRE 000246
PERS RET
PERB RET
PERS RET
PERS RET
PERS RET
PERS RET
PERB RET
PERS RET
PERS RET
PERS-PRE
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
SURVIVOR
ACCOUNT
NUMBER
192-2390
193-2390
194-2390
280-2390
300-2390
320-2130
320-2390
330-2390
340-2390
001-2130
001-2390
165-2390
190-2390
192-2390
193-2390
194-2390
280-2390
300-2390
320-2390
330-2390
340-2390
ITEM
AMOUNT
12.06
491.01
103.24
289.21
139.55
26.51
1,079.68
223.51
596.41
182.91
102.87
1.87
20.70
.05
2.28
.36
°92
.46
3.72
1.39
2.65
INSTATAX (IRS) 000283 FEDERAL 001-2070 24,390.09
INSTATAX (IRS) 000283 FEDERAL 165-2070 496.06
INSTATAX (IRS) 000283 FEDERAL 190-2070 5,481.75
INSTATAX (IRS) 000283 FEDERAL 192-2070 18.44
INSTATAX (IRS) 000283 FEDERAL 193-2070 486.45
INSTATAX (IRS) 000283 FEDERAL 194-2070 134.72
INSTATAX (IRS) 000283 FEDERAL 280'2070 183.79
INSTATAX (IRS) 000283 FEDERAL 300'2070 78.18
INSTATAX (IRS) 000283 FEDERAL 320'2070 1,219.96
INSTATAX (IRS) 000283 FEDERAL 330-2070 204.21
INSTATAX (IRS) 000283 FEDERAL 340'2070 508.68
INSTATAX (IRS) 000283 MEDICARE 001'2070 6~592.59
INSTATAX (IRS) 000283 MEDICARE 165-2070 167.90
INSTATAX (IRS) 000283 MEDICARE 190'2070 1,570.58
INSTATAX (IRS) 000283 MEDICARE 192'2070 2.80
INSTATAX (IRS) 000283 MEDICARE 193'2070 133.58
INSTATAX (IRS) 000283 MEDICARE 194'2070 23.28
INSTATAX (IRS) 000283 MEDICARE 280'2070 75.24
INSTATAX (IRS) 000283 MEDICARE 300-2070 32.49
INSTATAX (IRS) 000283 MEDICARE 320-2070 287.88
INSTATAX (IRS) 000283 MEDICARE 330'2070 64.16
INSTATAX ([RS) 000283 MEDICARE 340'2070 153.42
INSTATAX (EDD) 000444 SDI
INSTATAX (EDD) 000444 SDI
INSTATAX (EDD) 000444
INSTATAX (EDD) 000444 SDI
INSTATAX (EDD) 000444 SDI
INSTATAX (EOD) 000444 SDI
001-2070
165-2070
190-2070
193-2070
280-2070
330-2070
86.85
5.29
107.44
4.13
1.28
3.71
PAGE 2
CHECK
AMOUNT
37,239.68
42,306.25
VOUCHRE2
02/14/02
VOUCHER/
CHECK
NUMBER
12:43
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
CHECK VENDOR VENDOR ITEM
DATE NUMBER NAME DESCRIPTION
263787 02/14/02 000444 INSTATAX (EDD) 000444 SDI
263787 02/14/02 000444 INSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 INSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 INSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 IRSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 INSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 IBSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 IBSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 IBSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 INSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 INSTATAX (EDD) 000444 STATE
263787 02/14/02 000444 INSTATAX (EDD) 000444 STATE
02/14/02
74959
001985 A E P (ASSOC OF ENVIRO RENEW MEMBERSNIP:DAVID HOGAN
ACCOUNT
NUMBER
340-2070
001-2070
165-2070
190-2070
192-2070
193-2070
194-2070
280-2070
300-2070
320-2070
330-2070
340-2070
001-161-999-5226
ITEM
AMOUNT
3.96
6,770.22
132.79
1,292.98
5.91
113.99
42.71
45.65
19.15
295.87
49.41
117.07
100.00
74960 02/14/02 003552 A F L A C 003552 CANCER 001-2330 330.10
74960 02/14/02 003552 A F L A C 003552 CANCER 190-2330 14.34
74960 02/14/02 003552 A F L A C 003552 CANCER 193-2330 14.34
74960 02/14/02 003552 A F L A C 003552 CANCER 194-2330 4.78
74960 02/14/02 003552 A F L A C 003552 CANCER 340-2330 14.34
74960 02/14/02 003552 A F L A C 003552 EXP PROT 001-2330 143.30
74960 02/14/02 003552 A F L A C 003552 EXP PROT 190-2330 55.80
74960 02/14/02 003552 A F L A C 003552 EXP PROT 320-2330 27.90
74960 02/14/02 003552 A F L A C 003552 HOSP IC 001-2330 17.50
74960 02/14/02 003552 A F L A C 003552 STD 001-2330 585.60
74960 02/14/02 003552 A F L A C 003552 STD 190-2330 17/.60
74960 02/14/02 003552 A F L A C 003552 STD 193-2330 9.60
74960 02/14/02 003552 A F L A C 003552 STD 194-2330 3.20
74960 02/14/02 003552 A F L A C 003552 STD 340-2330 20.80
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
74961
74961
74961
74961
74961
74961
74961
74961
74962
000116 A V P VISION PLANS 000116 AVP
000116 A V P VISION PLANS 000116 AVP
000116 A V P VISION PLANS 000116 AVP
000116 A V P VISION PLANS 000116 AVP
000116 A V P VISION PLANS 000116 AVP
000116 A V P VISION PLANS 000116 AVP
000116 A V P VISION PLANS 000116 AVP
000116 A V P VISION PLANS 000116 AVP
AAG ANNUAL MTG:3/19-23/O2:DEGANGE
ALKEBU-LAN CULTURAL CEN LIVE EXHIBIT FOR MUSEUM
ASSUMMA, LORRAINE
REFUND:SPRT-BASEBALL DEFENSIVE
004855 BABER, GABRIELE
004855 BABER, GABRIELE
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
74963
74964
74965
74965
001-2310
165-2310
190-2310
193-2310
194-2310
280-2310
330-2310
340-2310
001-161-610-5261
190-185-999-5250
190-183-4982
190-183-999-5330
190-183-999-5330
02/14/02
02/14/02
02/14/02
02/14/02
707.15
17.60
95.17
5.86
5.58
42.23
155.00
500.00
40.00
259.20
115.20
CHECK
AMOUNT
9,098.41
100.00
1,419.20
887.00
155.00
500.00
40.00
374.40
74966 02/14/02 000622 BANTA ELECTRIC-REFRIGER SALES TAX FOR MATERIALS 190-182-999-5212 4.08
74966 02/14/02 000622 BANTA ELECTRIC'REFRIGER MNTC FAC ELECTRICAL REPAIRS 340'199'702-5212 104.00
74966 02/14/02 000622 BARTA ELECTRIC'REFR[GER CRC ELECTRICAL REPAIRS 190'182'999-5212 70.00
VOUCHRE2 CITY OF TEMECULA
02/14/02 12:43 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 4
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT
CHECK
AMOUNT
74966 02/14/02 000622 BANTA ELECTRIC-REFRIGER CRC ELECTRICAL REPAIRS 190'182'999'5212 ~.~
264.76
74967 02/14/02 BASALO, MIKE REFUND:SPRT-BASESALL DEFENSIVE 190-183-4982 40.00
40.00
74968 02/14/02 002541 BECKER CONSTRUCTION SRV R&R OLD TWN CITY WALK/STREET 001-164-601-5402 4,918.00
74968 02/14/02 002541 BECKER CONSTRUCTION SRV REPAIR ENTRY GATE @ SADDLEWOOD 193'180'999-5212 3,627.D0
8,545.00
74969 02/14/02 BELENYUK, TATYANA REFUND: EX-MARCH FIELD AIR MUS 190-183-4982 23.00
23.00
74970 02/14/02 BERTSCH, SHERR1E REFUND: CINCO DE MAYO EVENT 190-182-4980 6.00
6.00
74971 02/14/02 003138 CAL MAT PW PATCH TRUCK MATERIALS 001-164-601-5218 1~272.59
1,272.59
74972 02/14/02 000398 CALIF MUNICIPAL TREASUR MEMSERSH1P:G.ROBERTS/K.JESTER 001-140-999-5226 120.00
120.00
749~ 02/14/02 CALIFORNIA CITY MANAGEM MEMBERSHIP DUE: SHAWN NELSON 001-110-999-5226 lDO.DO
100.00
74974 02/14/02 004228 CAMERON WELDING SUPPLY HELIUM FOR RECREATION SUPPLIES 190-184-999-5301 25.70
25.70
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 001-2360 806.00
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 165-2360 15.50
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 190-2360 172.46
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 192-2360 .39
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE 1NS 193-2360 18.99
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 194-2360 3.09
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 280-2360 7.75
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 300-2360 3.88
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 320-2360 31.00
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE 1NS 330-2360 11.62
74975 02/14/02 003554 CANADA LIFE ASSURANCE C 003554 LIFE INS 340-2360 22.07
74976 02/14/02 002534 CATERERS CAFE REFSNMNT:CITY MGR BUSINESS MTG 001-110-999-5260 101.21
1,092.75
101.21
74977 02/14/02 003940 CHESHERS CUSTOM EMGROID LARGE JACKET FOR JEAN VOSHALL 001-161-999-5243 80.00
74977 02/14/02 003940 CHESHERS CUSTOM EMBROID XXL JACKET FOR RALPJ BROWNELL 001'161'999-5243 85.00
74977 02/14/02 003940 CHESHERS CUSTOM EMBROID SALES TAX 001'161'999-5243 12.79
177.79
74978 02/14/02 COLLETTE, MIKE REFUND:SPRT-BASEBALL DEFENSIVE 190-183-4982 40.00
74979 02/14/02 004017 COMERCHERO, JEFF REIMS:LEAGUE ANNL CF:12/18-20 001-100-999-5258 32.00
74979 02/14/02 004017 COMERCHERO, JEFF REIMB:LEAGUE ECO CONF:9/6-9/01 001-100-999-5258 21.46
74979 02/14/02 004017 COMERCHERO, JEFF REIMB:HAT~L LEAGUE CONF:12/4-9 001-100-999-5258 33.85
74980 02/14/02 004405 COMMUNITY HEALTH CHARIT 004405 CHC 001-2120 87.00
74980 02/14/02 004405 COMMUNITY HEALTH CHARIT 004405 CHC 190-2120 42.90
74980 02/14/02 004405 COMMUNITY HEALTH CHARIT 004405 CHC 192-2120 .05
74980 02/14/02 004405 COMMUNITY HEALTH CHARIT 004405 CHC 193-2120 1.20
74980 02/14/02 004405 COMMUNITY HEALTH CHARIT 004405 CHC 194-2120 1.95
74980 02/14/02 004405 COMMUNITY HEALTH CHARIT 004405 CHC 330-2120 7.50
74980 02/14/02 004405 COMMUNITY HEALTH CHARIT 004405 CRC 340-2120 .90
40.00
87.31
141.50
VOUCRRE2
02/14/02
VOUCHER/
CHECK
NUMBER
74981
74981
74982
74982
74983
74984
74985
74986
74986
74986
74987
74987
74988
74989
74990
74991
74991
74991
74991
74992
74992
74992
74992
74992
74993
74994
74994
74995
74996
74996
74996
74996
74996
74996
74996
74996
12:43
CHECK
DATE
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
VENDOR VENDOR
NUMBER NAME
000442 COMPUTER ALERT SYSTEMS
000442 COMPUTER ALERT SYSTEMS
000447 COMTRONIX OF HEMET
000447 COMTRONIX OF HEMET
CORTES, RNONDA
001014 COUNTRY SIGNS & DESIGNS
CRUZ, SONIA
004398 CUSTOM PUZZLE CRAFT
004398 CUSTOM PUZZLE CRAFT
004398 CUSTOM PUZZLE CRAFT
001393 DATA TICKET IN(
001393 DATA TICKET IN(
003681 DAVIDSON & ALLEN, ARCHI
002701 DIVERSIFIED RISK
000609 DOUBLETREE NOTEL
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
004192 DOWNS COMMERCIAL FUELIN
001300 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERVIC
001380 E S I EMPLOYMENT SERVIC
000523 EASTERN MUNICIPAL WATER
000161 EDEN SYSTEMS INC
000161 EDEN SYSTEMS INC
EISINGER, DEBBIE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
MUSEUM SECURITY SYSTEM REPAIRS
MNTC FAC SECURITY SYS REPAIRS
INSTALL CODE ENFORCEMENT RADIO
INSTALL PW TRFF DIVISION RADIO
REFUND:SPRT'BASEBALL DEFENSIVE
FAC IMPR PRGM:NOVAMEX (FEES)
REFUND: PICNIC SHELTER RENTAL
TEAMBUILDING SUPPLIES:CM/HR
SHIPPING
SALES TAX
DEC 01 CITATIONS PROCESSING
DEC 01 HEARING OFFICER SVCS
DESIGN SVCS-SR CTR EXPANSION
JAN SPECIAL EVENTS PREMIUMS
HTL:SAFE SCHOOL WKSHP:2/26-27
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
TEMP HELP W/E 01/25 HANSEN
TEMP HELP W/E 01/25 HANSEN
TEMP HELP W/8 01/25 NANSEN
TEMP HELP W/E 01/25 HANSEN
TEMP HELP W/E 1/25 ROSA
95366-02 DIEGO DR LDSCP METER
PRJT MGMT AND CONSULTING SVCS
EXPENSE REIMS FOR KICK OFF MTG
REFUND: GYMNASTICS-DYNOMITES
JAN LDSCP IMPR:WINCHESTER CRK
JAN LDSCP IMPR:WOOOCREST (TRY
JAN LDSCP IMPH:WOOOCREST (TRY
JAN LDSCP IMPR:VINEYARDS
JAN LDSCP IMPR:RIDGEVIEW SLOPE
JAN LDSCP IMPR:RIDGEV1EN SLOPE
JAN LD$CP IMPR:CAMPOS VERDES
JAN LDSCP IMPR:MARGARITA PEK
NUMBER
190-185-999-5212
340-199-702-5212
310-1910
310-1910
190-183-4982
280-199-813-5804
190-187-4988
001-150-999-5261
001-150-999-5261
001-150-999-5261
001-170-999-5250
001-170-999-5250
210-190-163-5802
300-2180
001-170-999-5261
001-161-999-5263
001-170-999-5262
280-199-999-5262
190-180-999-5263
001-164-604-5118
190-180-999-5118
001-161-999-5118
001-120-999-5118
193-180-999-5240
320-1980
320-1980
190-183-4982
193-180-999-5212
193-180-999-5416
193-180-999-5416
193-180-999-5212
193-180-999-5212
193'180-999'5212
193-180'999'5212
190-180-999'5212
ITEM
AMOUNT
100.02
65.00
1,369.00
1,601.47
40.00
190.00
25.00
100.00
3.95
7.75
711.28
140.00
694.31
132.22
504.34
214.74
49.62
14.14
40.05
162.12
57.90
758.49
1,059.57
1,108.54
483.02
1,312.50
427.04
31.00
199.98
900.00
1,125.00
880.00
225.00
90.00
290.00
145.00
PAGE 5
CHECK
AMOUNT
165.02
2,970.47
40.00
190.00
25.00
111.70
851.28
694.31
132.22
504.34
318.55
3,146.62
483.02
1,T39.54
31.00
3,854.98
VOUCBRE2
02/14/02 12:43
VOUCHER/
CHECK CHECK VENDOR VENDOR
HUMBER DATE NUMBER NAME
74997 02/14/02 002037 EXPANETB
74998 02/14/02 FARRIAS, ROSALIE
74999 02/14/02 000478 FAST SIGNS
75000 02/14/02 000165 FEDERAL EXPRESS
75000 02/14/02 000165 FEDERAL EXPRESS IRC
75000 02/14/02 000165 FEDERAL EXPRESS
75000 02/14/02 000165 FEDERAL EXPRESS INC
75000 02/14/02 000165 FEDERAL EXPRESS INC
75001 02/14/02 004310 FEDEX GROUND INC
75001 02/14/02 004310 FEDEX GROUND INC
75001 02/14/02 004310 FEDEX GROUND INC
75002 02/14/02 000166 FIRST AMERICAN TITLE CO
75003 02/14/02 003347 FIRST BANKCARD CENTER
75003 02/14/02 003347 FIRST BANKCARD CENTER
75003 02/14/02 003347 FIRST BANXCARD CENTER
75003 02/14/02 003347 FIRST BANXCARD CENTER
75004 02/14/02 FOSTER, TIM
75005 02/14/02 003815 GFB FRIEDRICH & ASSOCIA
75005 02/14/02 003815 GFB FRIEDRICH & ASSOCIA
75005 02/14/02 003815 GFB FRIEDRICH & ASSOCIA
75005 02/14/02 003815 GFB FRIEDRICH & ASSOCIA
75005 02/14/02 003815 GFB FRIEDRICR & ASSOCIA
75006 02/14/02 000177 GLENNIES OFFICE PROOUCT
75006 02/14/02 000177 GLENNIES OFFICE PROOUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75006 02/14/02 000177 GLENNIES OFFICE PRODUCT
75007 02/14/02 GOMEZ, JENNIFER
75008 02/14/02 GREENSTEIN, BEVERLY
75009 02/14/02 002107 NIGHMARK IRC
75009 02/14/02 002107 RIGHMARK INC
75009 02/14/02 002107 HIGBMARK INC
75009 02/14/02 002107 HIGHMARK IRC
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
PHONE MNTC & REPAIRS:CITY HALL
REFUND:GYMNASTICS-TUMBLING TOT
CONFERENCE ROOM SIGN:MNTC FAC
EXPRESS MAIL SERVICES
EXPRESS MAIL SERVICES
EXPRESS MAIL SERVICES
EXPRESS MAIL SERVICES
EXPRESS MAIL SERVICES
GROUND EXPRESS PACKAGE SERVICE
GROUND EXPRESS PACKAGE SERVICE
GROUND EXPRESS PACKAGE SERVICE
LOT BOOK REPTS:30600 LOMA LIND
XX-2292 ROBERTS,G:CSMFO CONF
XX-6165 YATES:SUPPLIES/MTGS
XX-6165 YATES:SUPPLIES/MTGS
XX-6165 YATES:SUPPLIES/MTGS
REFUND:SPRT-BASEBALL DEFENSIVE
DEC PRGSS:MARGARITA RD PW99-01
DEC PRGSS:MARGARITA RD PW99-01
DEC PRGBS:MARGARITA RD PW99-01
DEC PRGSS:MARGARITA RD C0#2
DEC PRGSS:MARGARITA RD C0#2
OFFICE SUPPLIES: CITY MGR
OFFICE SUPPLIES:COPY CENTER
OFFICE SUPPLIES:CITY CLERK
OFFICE SUPPLIES: FINANCE DEPT
OFFICE SUPPLIES:HUMAN RESOURCE
OFFICE SUPPLIES:BLDG SAFETY
OFFICE SUPPLIES: FIBE DEPT
OFFICE SUPPLIES:RDA-LOW/MOD
OFFICE SUPPL1ES:RDA-LOW/MOD
OFFICE SUPPLIES: INFO SYS
OFFICE BUPPLIES:ECON DEVEL
RE-ISSUE CX:REFD:EX-L.B.AQUARI
REFUND: DANCE-BALLROOM
002107 VL ADVAN
002107 VOL LIFE
002107 VOL LIFE
002107 VOL LIFE
ACCOUNT
NUMBER
320-199-999-5215
190-183-4982
340-199-702-5212
001-110-999-5230
001-150-999-5230
001-111-999-5230
001-171-999-5230
001-164-604-5230
001-111-999-5230
280-199-999-5230
001-165-999-5230
165-199-999-5250
001-140-999-5261
001-150-999-5260
001-150-999-5220
001-150-999-5261
190-183-4982
210-165-706-5802
210-165-713-5802
210-165-713-5802
210-165-706-5802
210-165-713-5802
001-110-999-5220
330-199-999-5220
001-120-999-5220
001-140-999-5220
001-150-999-5220
001-162-999-5220
001-171-999-5220
165-199-999-5220
280-199-999-5220
320-199-999-5221
190-183-4986
190-183-4982
001-2510
001-2510
190-2510
193-2510
ITEM
AMOUNT
1,004.95
81.00
10.78
38.14
15.83
10.45
31.18
12.17
41.33
51.06
29.18
150.00
825.00
727.31
124.90
125.00
40.00
329.35
31.24
864.40
142.49
13.51
68.12
131.61
74.93
723.08
97.23
192.33
135.94
143.30
143.30
213.64
92.92
17.00
10.00
250.15
222.65
15.37
5.72
PAGE 6
CHECK
AMOUNT
1,004.95
81.00
10.78
107.77
121.57
150.00
1,802.21
40.00
1,380,99
2,016.40
17.00
10.00
VOUCNRE2
02/14/02 12:43
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
ITEM
DESCRIPTION
75009 02/14/02 002107 HIGHMARK IBC
75009 02/14/02 002107 HIGHMARK INC
75009 02/14/02 002107 HIGHMARK INC
75009 02/14/02 002107 HIGHMARK INC
75009 02/14/02 002107 HIGHMARK INC
75009 02/14/02 002107 HIGHMARK IBC
75009 02/14/02 002107 HIGHMARK INC
75009 02/14/02 002107 HIGHMARK INC
75009 02/14/02 002107 BIGHMARK INC
75009 02/14/02 002107 HIGHMARK
002107 VOL LIFE
002107 VOL LIFE
002107 VOL LIFE
002107 VL REVER
002107 VOL LIFE
002107 VOL LIFE
002107 VOL LIFE
002107 VOL LIFE
002107 VOL LIFE
002107 VOL LIFE
75010 02/14/02 003198 HOME DEPOT, THE
VINYL RUNNER FOR CITY HALL
75011 02/14/02 HOPE, CITY OF
S.BARRETT MEMORY DONATION
75012 02/14/02 000194
75012 02/14/02 000194
75012 02/14/02 000194
75012 02/14/02 000194
75012 02/14/02 000194
75012 02/14/02 000194
C M A RETIREMENT TRUS 000194 DEF COMP
C M A RETIREMENT TRUS 000194 DEF COMP
C M A RETIREMENT TRUS 000194 DEF COMP
C M A RETIREMENT TRUS 000194 DEF COMP
C M A RETIREMENT TRUS 000194 DEF COMP
C M A RETIREMENT TRUS 000194 DEF COMP
75013 02/14/02 003266 IRON MOUNTAIN OFFS[TE MICROFILM STORAGE OFF SITE
75014 02/14/02 002140 JAGUAR COMPUTER SYSTEMS NETWORK EQUIPMENT MNTC/REPAIRS
75014 02/14/02 002140 JAGUAR COMPUTER SYSTEMS NETWORK EQUIPMENT MNTC/REPAIRS
75015 02/14/02 JAHANSOUZ, FARKHONDEH REFUND: JUST 4 KIDS
75016 02/14/02 001091 KEYSER MARSTON ASSOCIAT AFFORDABLE HOUSING ANALYSIS
75016 02/14/02 001091 KEYSER MARSTON ASSOCIAT JAN OLD TWN HOUSING DEVEL SVCS
75017 02/14/02 000210 LEAGUE OF CALIF CITIES PLANNER'S CONF:3/20-23:STAFF
75017 02/14/02 000210 LEAGUE OF CALIF CiTiES PLANNER'S CONF:3/20-23:STAFF
75018 02/14/02 003286 LIBRARY SYSTEMS & SERVI JAN SVCS-LIBRARY SYSTEM AGRMT
ACCOUNT
NUMBER
194-2510
300-2510
340-2510
001-2510
001-2510
190-2510
193-2510
194-2510
300-2510
340-2510
001-101-999-5285
001-2080
165-2080
190-2080
194-2080
280-2080
300-2080
001-120-999-52~
320-199-999-5221
320-199-999-5221
190-184-4980
165-199-999-5250
165-199-999-5250
001-161-999-5272
001-161-999-5258
001-101-999-5285
75019 02/14/02 002634 LITELINES lNG CONCRETE FLOODLIGHTS FOR CRC 190-182-999-5416
75019 02/14/02 002634 LITELINES IBC CONCRETE FLOODLIGHTS FOR CRC 190-182-999-5416
75019 02/14/02 002634 LITELINES IBC WALKWAY FIXTURES FOR CRC 190-182-999-5416
75019 02/14/02 002634 LITELINES IBC SALES TAX 190-182-999-5416
75019 02/14/02 002634 LITELINES IBC SALES TAX 190-182-999-5416
75020 02/14/02 004087 LOWE~S
HARDWARE SUPPLIES: TESD MXTC
75021 02/14/02 004141 MAINTEX INC
75021 02/14/02 004141 MAINTEX
75021 02/14/02 004141 MAINTEX lNG
VARIOUS SITES CUSTODIAL
SR CENTER CUSTODIAL SUPPLIES
CRC CUSTODIAL SUPPLIES
190-180-999-5212
190-180-999-5212
190-181-999-5212
190-182-999-5212
ITEM
AMOUNT
.74
.80
4.87
250.15-
222.66
15.38
5.72
.74
.79
4.86
106.68
50.00
4,610.68
523.98
567.87
16.50
190.39
50.00
158.75
599.09
261.28
30.00
3,636.25
656.25
1,700.00
850.00
1,211.20
1,375.00
560.00
1,300.00
250.71
8.08-
10.32
201.49
19.57
95.65
PAGE 7
CHECK
AMOUNT
500.30
106.68
50.00
5,959.42
158.75
860.37
30.00
4,292.50
2,550.00
1,211.20
3,477.63
10.32
316.71
75022 02/14/02 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 1/27 NOVOTNY 001-171-999~5118 412.80 412.80
VOUCHRE2
02/14/02
VOUCHER/
CHECK
NUMBER
75023
75023
75024
75025
75026
75027
75027
75027
75027
75028
75028
75028
75028
75028
75028
75028
75028
75029
75029
75029
75030
75030
75030
75031
75032
75032
75033
75034
75035
75036
75036
75036
75036
7~036
75036
75036
75036
75036
12:43
CHECK VENDOR VENDOR
DATE NUMBER NAME
02/14/02 004107 MASSA-LAVITT, SANDRA
02/14/02 004107 MASSA-LAVITT, SANDRA
02/14/02 MATICHUK, EILEEN
02/14/02 MATURANO, ALONDRA
02/14/02 004815 MCCUE CORPORATION
02/14/02 003800 MCLAUGHLIN ENGINEERING
02/14/02 003800 MCLAUGHLIN ENGINEERING
02/14/02 003800 MCLAUGHLIN ENGINEERING
02/14/02 003800 MCLAUGHLIN ENGINEERING
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
JAN CONSULTANT SVCS:PLANNING
JAN CONSULTANT SVCS:PLANNING
REFUND:SPORTS-BASEBALL DEFENSE
REFUND:EXERCISE-BELLY DANCING
CART STOP FLANGED SOCKET
PRGS PMT#4:FIRE STN 92:PW01-21
RET.W/H PMT#4:FIRE STN 92:0121
ADDITIONAL WORK:FIRE STN 92
REVERSE RETENTION
02/14/02 003076 MET LIFE INSURANCE COMP 003076 OENTALML
02/14/02 003076 MET LIFE INSURANCE COMP 003076 DENTALML
02/14/02 003076 MET LIFE INSURANCE COMP 003076 DENTALML
02/14/02 003076 MET LIFE INSURANCE COMP 003076 DENTALML
02/14/02 003076 MET LIFE INSURANCE COMP 003076 DENTALML
02/14/02 003076 MET LIFE INSURANCE COMP 003076 DENTALML
02/14/02 003076 MET LIFE INSURANCE COMP 003076 DENTALML
02/14/02 000973 MIRACLE RECREATION EQUI
02/14/02 000973 MIRACLE RECREATION EQU1
02/14/02 000973 MIRACLE RECREATION EQUI
02/14/02 004588 NATIONAL BUSINESS FURNI
02/14/02 004588 NATIONAL BUSINESS FURNI
02/14/02 004588 NATIONAL BUSINESS FURNI
02/14/02 004512 NINYO & MOORE
02/14/02 002105 OLD TOWN TIRE & SERVICE
02/14/02 002105 OLD TOWN TIRE & SERVICE
02/14/02 004074 PARTY CITY OF TEMEOULA
02/14/02 003218 PELA
02/14/02 001958 PERS LONG TERM CARE PRO
02/14/02 000249 PETTY CASH
02/14/02 000249 PETTY CASH
02/14/02 000249 PETTY CASH
02/14/02 000249 PETTY CASH
02/14/02 000249 PETTY CASH
02/14/02 000249 PETTY OABH
02/14/02 000249 PETTY CASH
02/14/02 000249 PETTY CASH
02/14/02 000249 PETTY CASH
PAINT FOR VAR PARKS PLAY EQUIP
FREIGHT
SALES TAX
OFFICE FURNITURE FOR ClP DIV
FREIGHT
SALES TAX
NOV MATERIAL TEST SVC:AQUATIC
TCSD VEHICLE REPAIRS & MAINT
CITY VEHICLE REPAIRS & MAINT
RECREATION SUPPLIES FOR TCC
JAN TCSD LD$CP PLAN CHECK SVCS
001958 PERS L-T
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
ACCOUNT
NUMBER
001-161-999-5248
190-183-4982
190-183-4982
190-182-999-5212
210-165-739-5804
210-2035
210-165-739-5804
210-2035
001-2340
165-2340
190-2340
193-2340
194-2340
280-2340
330-2340
340-2340
190-180-999-5212
190-180-999-5212
190-180-999-5212
001-165-999-5601
001-165-999-5601
001-165-999-5601
210-190-170-5804
190-180-999-5214
190-180-999-5214
190-184-999-5301
190-180-999-5248
001-2122
190-183-999-5370
190-183-999-5370
001-150-999-5265
001-165-999-5215
001-165-999-5220
190-180-999-5250
001-2175
320-199-999-5220
190-180-999-5242
ITEM
AMOUNT
23.20
3,550.20
40.00
55.00
22.58
1,080.00
54.00-
495.00
54.00
4,288.45
208.96
819.55
63.56
5.66
104.48
18.87
135.82
720.86
22.00
55.86
533.00
77.85
41.31
12,665.75
146.43
274.17
41.61
500.00
83.99
13.41
8.85
10.21
5.91
2.13
7.98
10.76
49.47
18.31
PAGE 8
CHECK
AMOUNT
3,573.40
40.00
55.00
22.58
1,57'5.00
5,6/*5.35
798.72
652.16
12,665.75
420.60
41.61
500.00
83.99
VOUCHRE2
02/14/02
VOUCHER/
CHECK
NUMBER
75036
75036
75036
75037
75038
75038
75039
75040
75040
75040
75040
75040
75040
75040
75040
75040
75040
75040
75041
75042
75042
75043
75043
75044
75045
75045
75046
75047
75047
75048
75048
75049
75050
75051
75052
12:43
CHECK
DATE
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
VENDOR
NUMBER
000249
000249
000249
002612
002654
002654
000947
004584
004584
004584
004584
004584
004584
004584
004584
004584
004584
004584
000526
003591
003591
003119
003119
000266
001365
001365
001592
000955
000955
000271
000271
000873
002226
CiTY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VENDOR
NAME
PETTY CASH
PETTY CASH
PETTY CASH
RADIO SHACK INC
RANCHO FORD LINCOLN MER
RANCHO FORD LINCOLN MER
RANCHO REPROGRAPHICS
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
REGENCY LIGHTING
ITEM
DESCRIPTION
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
PETTY CASH REIMBURSEMENT
MISC COMPUTER SUPPLIES: IS
3 ADDTL KEYS FOR PW TRAF DIV
SALES TAX
BLUEPRINTS REPRO FOR MA1NT FAC
ELECT SUPPLIES FOR SPORTS PRK
SALES TAX
VARIOUS SITES ELECTRICAL
VARIOUS SITES ELECTRICAL
VARIOUS SITES ELECTRICAL
VARIOUS SITES ELECTRICAL
SALES TAX
CBC ELECTRICAL SUPPLIES
BOBEBTBON QUAD LAMP: CRC
BASE FOR SCORE BOARD:CRC
SALES TAX
REGENTS OF UNIVERSITY 0 "ACHIEVE MORE":WIMBERLY:6/06
RENES COMMERCIAL MANAGE
BENES COMMERCIAL MANAGE
RHODES DESIGN
RHODES DESIGN
RIGHTWAY
RIVERSIDE CO ENVIRONMEN
RIVERSIDE CO ENVIRONMEN
RIVERSIDE CO INFO TECHN
RIVERSIDE CO SHERIFF SW
RIVERSIDE CO SHERIFF SW
ROBERT BEIN I~M FROST &
ROBERT BEIN WM FROST &
ROBERTS, RONALD H.
RODRIGUEZ, JUDITH
RUSSO, MARY ANNE
SAN DIEGO AUTO AUCTION
FIELD RODENT CONTROL ON SLOPES
REMOVAL OF TRASH/DEBRIS MARG
BROCHURE REVISIONS & PHOTOS
SALES TAX
PASEO PARK PORTABLE RENTAL
RENEW ANNUAL PERMIT:B.HICKS PK
PERMIT RENEWAL:PALA COMM PARK
NOV EMERG. RADIO RENTAL: P.D.
RE[MB FOR DEPOSITEO CHECKS
REIMB FOR DEPOSITED CHECKS
DEC CONSULT SVCS:SANTIAGO/I15
DEC CONSULT BVCS:SANTIAGO/I15
REIMB:U.S. CONF MAYORS:l/22-26
REFUND:MUSIC-MUSIC FOR TODDLER
TCSD INSTRUCTOR EARNINGS
REISS:CK#70980:REFUND:SOFTBALL
ACCOUNT
NUMBER
190-185-999-5250
190-180-999-5260
001-100-999-8260
320-199-999-5221
001-164-602-5250
001-164-602-5250
210-190-158-5804
190-180-999-5212
190-180-999-5212
190-181-999-5212
190-184-999-5212
340-199-701-5212
340-199-701-5212
340-199-701-5212
190-182-999-5212
190-182-999-5212
190-182-999-5212
001-161-999-5261
001-164-601-5401
001-164-601-5401
001-111-999-5270
001-111-999-5270
190-180-999-5238
190-180-999-5250
190-180-999-5250
001-170-999-5238
001-170-4067
001-170-4067
210-165-662-5802
210-165-705-5802
001-100-999-5258
190-183-4982
190-183-999-5550
190-187-4960
ITEM
AMOUNT
47.32
20.91
5.~9
33.94
56.25
4.36
115.40
695.60
53.91
29.40
58.80
51.96
6.84
11.39
131.80
33.90
55.80
6.95
125.00
1,5~5.00
5,000.00
349.95
27.12
60.78
73.00
73.00
282.75
13,791.06
670.00
145.68
54.32
123.85
37.00
700.00
20.00
PAGE 9
CHECK
AMOUNT
201.25
33.94
60.61
115.40
1~136.35
125.00
6,575.00
3?7.07
60.78
146.00
282.7'5
14,461.06
200.00
123.85
37.00
7OO.OO
20.00
VOUCHRE2
02/14/02
VOUCHER/
CHECK
NUMBER
75053
75053
75054
75054
75054
75054
75054
75054
75054
75054
75054
75054
75054
75054
75054
75054
75054
75055
75055
75055
75056
75057
75057
75057
75057
75057
75057
75057
75058
75059
12:43
CHECK VENDOR VENDOR
DATE NUMBER NAME
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
003002 SMOOTHILL SPORTS DISTRI
003002 SMOOTHILL SPORTS DISTR!
000537 SO CALIF EDISON
000537 BO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000537 SO CALIF EDISON
000519 SOUTH COUNTY PEST CONTR
000519 SOUTH COUNTY PEST CONTR
000519 SOUTH COUNTY PEST CONTR
STILES, LAUREN
004456 T & M CONSTRUCTION
004456 T & M CONSTRUCTION
004456 T & M CONSTRUCTION
004456 T & M CONSTRUCTION
004456 T & M CONSTRUCTION
004456 T & M CONSTRUCTION
004456 T & M CONSTRUCTION
000305 TARGET STORE
TAYLOR, SIMONE
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
SKATEPARK EQUIPMENT
SALES TAX
FEB 2-06-105'0654 VARIOUS MTRS
FEB 2-10-331-1353 PAUBA RD
FED 2'18'363-1902 PAUBA RD
FEB 2-23-548-1975 MEADOWS PKWY
FEB 2-22'057-2226 VARIOUS MTRS
FEB 2'22'057-2234 MARGARITA
JAN 2-19-539-2262 TCSD GS-1
FED 2-23'151-4301 MEADOWS PKWY
FEB 2'02'351-5281 RANCHO VISTA
FEB 2'02'351-5281 RANCHO VISTA
FED 2-01-202-7330 VARIOUS MTRS
FED 2'22'964-7466 VIA RIENA
FEB 2'01'202'7603 ARTERIAL STL
FEB 2-05-791-8807 VARIOUS MTRS
JAN 2'20'140'9299 VARIOUS MTRS
MUSEUM AND CHAPEL PEST CONTROL
MUSEUM AT SAM HICKS PARK
CITY RALL PEST CONTROL SVCS
REFUND:SPORTS-BASEBALL DEFENSE
ACCOUNT
NUMBER
190-183-999-5305
190-183-999-5305
190-180-999-5319
001-171-999-5240
190-180-999-5319
190-180-999-5240
190-180-999-5319
190-180-999-5319
190-180-999-5240
193-100-999-5240
190-186-990-5240
190-182-999-5240
192-180-999-5319
193-180-999-5240
190-180-999-5319
190-180-999-5319
190-180-999-5319
190-185-999-5250
190-185-999-5250
340-199-701-5250
190-183-4982
PRGS PMT#9:MAINT FAC:PWO0-16 210-190-158-5804
RET.W/H PMT#9:MAINT FAC:00-16 210-2035
REL STP NTC:MAINT FAC:ROOFTEK 210-2038
STP NTC:MAINT FAC:GOLDEN STATE 210-2038
STP NTC:MAINT FAC:INDUSTRIAL C 210-2038
STP NTC:MAINT FAC:JIM QUAYLE 210-2038
STP NTC:MAINT FAC:RETROFIT BVC 210-2038
RECREATION SUPPLIES - SPORTS
REFUND:EXERCISE-YOGA FOR TODAY
190-187-999-5301
190-183-4982
ITEM
AMOUNT
971.59
~.~
3,143.46
909.67
30.44
120.06
107.32
59.30
90.98
42.29
1,480.07
3,170.29
34,130.00
13.80
13,738.71
1,910.28
187.35
32.00
42.00
68.00
40.00
68,027.05
6,802.70-
1,057.50
7,391.25-
3,160.00-
12,001.25-
5,040.00-
19.28
35.00
75060 02/14/02 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 821.25
75060 02/14/02 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 175.50
75060 02/14/02 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 18.00
75060 02/14/02 001547 TEAMSTERS LOCAL 911 001547 UN DUES 194-2125 2.25
75060 02/14/02 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 67.50
75060 02/14/02 001547 TEAMSTERS LOCAL 911 001547 UN DUES 330-2125 33.75
75060 02/14/02 001547 TEAMSTERS LOCAL 911 001547 UN DUES 340-2125 51.75
003673 TECH 101ARCUS INC
003673 TECN 101ARCUS INC
003673 TECR 101ARCUS INC
003673 TECH 101ARCUS IRC
003673 TECH 101ARCUS INC
003673 TECH lO1ARCUS INC
320-199-999-5242
320-199-999-5242
320-199-999-5242
320-199-999-5242
320-199-999-5242
320-1970
APC1400RM2U SMART UPS
HP LASERJET 1200 PRINTER
HP LASERJET 1200N PRINTER
FREIGHT
SALES TAX
HP4100N LASERJET PRINTER
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
02/14/02
75061
75061
75061
75061
75061
75061
696.00
380.00
1,160.00
59.00
167.70
1,603.00
PAGE 10
CHECK
AMOUNT
1,038.37
59,134.02
142.00
40.00
34,689.35
19.28
35.00
1,170.00
VOUCHRE2
02/14/02 12:43
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
75061 02/14/02 003673 TECH 101ARCUS INC
75061 02/14/02 003673 TECH 101 ARCUS INC
75062 02/14/02 000306 TEMECULA VALLEY PIPE
75062 02/14/02 000306 TEMEEULA VALLEY PIPE
75062 02/14/02 000306 TEMECULA VALLEY PIPE
75062 02/14/02 000306 TEMECULA VALLEY PiPE
75062 02/14/02 000306 TEMECULA VALLEY PIPE
75063 02/14/02 004274 TEMECULA VALLEY SECURIT
75063 02/14/02 004274 TEMECULA VALLEY BECURIT
75063 02/14/02 004274 TEMECULA VALLEY SECURIT
75064 02/14/02 003849 TEREYBEERY COMPANY
75065 02/14/02 003862 THYSSENKRUPP ELEVATOR.B
75065 02/14/02 003862 THYSSENKRUPP ELEVATOR.B
75065 02/14/02 003862 THYSSENKRUPP ELEVATOR.B
75065 02/14/02 003862 THYSSENKRUPP ELEVATOR.B
75066 02/14/02 000319 TOMARK SPORTS
75067 02/14/02 002452 TOP LINE iNDUSTRiAL
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
FREIGHT
SALES TAX
R.C.SPRTS PRK IRRIGATION READS
R.C.SPRTS PRK LDSCP SUPPLIES
R.C.SPRTS PRK LDSCP SUPPLIES
SALES TAX
VARIOUS PARK SITES PLUMBIN6
CITY HALL LOCKSMITH SVCS
CRC LOCKSMITR SERVICES
TCC LOCKSMITH SERVICES
EMPLOYEE SVC AWARD & PINS
FEB CITY HALL/MUS. INSPECT SVC
FEB CITY HALL/MUS. INSPECT SVC
FEB CITY HALL/MUS, INSPECT SVC
FEB EMERG. PHONE MONITOR FEE
SPORTS EQUIPMENT FOR TCSD
HOSES & MATERIALS FOR PW MAINT
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M WEST (DEF COMP) 001065 DEF COMP
75068 02/14/02 001065 U S C M BEST (DEF COMP) 001065 DEF COMP
75069 02/14/02 000389 U S C M WEST (OBRA) 000389 PT RETIR
75069 02/14/02 000389 U S C M WEST (OBRA) 000389 PT RETIR
75069 02/14/02 000389 U S C M WEST (OBRA) 000389 PT RETIE
75069 02/14/02 000389 U S C M WEST (OBRA) 000389 PT RETIE
75069 02/14/02 000389 U S C M WEST (OBRA) 000389 PT RETIR
75069 02/14/02 000389 U S C M WEST (OBRA) 000389 PT RETIE
75069 02/14/02 000389 U S C M BEST (0BRA) 000389 PT RETIR
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
ACCOUNT
NUMBER
320-1970
320-1970
190-180-999-5212
190-180-999-5212
190-180-999-5212
190-180-999-5212
190-180-999-5212
340-199-701-5212
190-182-999-5212
190-184-999-5212
001-150-999-5265
190-185-999-5250
340-199-701-5250
190-185-999-5250
340-199-701-5250
001-164-601-5214
001-2080
190-2080
192-2080
193-2080
194-2080
280-2080
300-2080
320-2080
340-2080
001-2160
165-2160
190-2160
193-2160
280-2160
330-2160
340-2160
001-110-999-5230
001-111-999-5230
001-120-999-5230
001-140-999-5230
001-150-999-5230
001-161-999-5230
001-162-999-5230
001-164-604-5230
001-170-999-5230
ITEM
AMOUNT
20.00
124.23
1,845.36
534.18
702.30
238.84
4.85
35.98
9.05
5.43
319.19
135.00
120.00
15.00
30.00
170.16
4.97
2~067.07
2.50
118.50
29.50
88.54
1,270.85
145.89
773.76
104.00
975.14
34.40
30.70
30.88
32.96
98.66
21.70
208.62
1,043.28
107.21
660.95
104.87
179.08
142.68
PAGE 11
CHECK
AMOUNT
4,209.93
3,325.53
50.46
319.19
300.00
170.16
4.97
14,757.74
1,981.~
VOUCHRE2 CITY OF TEMECULA
02/14/02 12:43 VOUCNER/CRECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM
NUMBER DATE NUMBER NAME DESCRIPTION
75070 02/14/02 002702 U S POSTAL SERVICE
75070 02/14/02 002702 U S POSTAL SERVICE
POSTAGE METER DEPOSIT
POSTAGE METER DEPOSIT
ACCOUNT
NUMBER
190-180~999-5230
280-199-999-5230
ITEM
AMOUNT
~8.00
60.27
75071 02/14/02 000325 UNITED WAY 000325 UW 001-2120 217.80
75071 02/14/02 000325 UNITED gAY 000325 UW 165-2120 7.50
75071 02/14/02 000325 UNITED WAY 000325 UW 190-2120 32.00
75071 02/14/02 000325 UNITED WAY 000325 UW 192-2120 .05
75071 02/14/02 000325 UNITED WAY 000325 UW 193-2120 1.80
75071 02/14/02 000325 UNITED WAY 000325 UW 194-2120 .65
75071 02/14/02 000325 UNITED WAY 000325 UW 280-2120 2.50
75071 02/14/02 000325 UNITED WAY 000325 UW 340-2120 1.50
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UBUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 LTD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STD
75072 02/14/02 004819 UBUM LIFE INS. CO. OF A 004819 STO
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STO
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STO
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STO
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004B19 STD
75072 02/14/02 004819 UNUM LIFE INS. CO. OF A 004819 STD
75078 02/14/02 004504 VAIL RANCH SELF STORAGE
75079 02/14/02 004261 VERIZON CALIFORNIA
75079 02/14/02 004261 VERIZON CALIFORNIA
75079 02/14/02 004261 VERIZON CALIFORNIA
75079 02/14/02 004261 VERIZON CALIFORNIA
75079 02/14/02 004261 VERIZON CALIFORNIA
75080 02/14/02 004279 VERIZON CALIFORNIA INC.
75080 02/14/02 004279 VERIZON CALIFORNIA INC.
DOCUMENT BTORAGE:RECORDB MGMT
JAN XXX'1289 PRATT
JAN XXX-1408 AP PHASE
FEB XXX'1941 PTA CD TTACSD
JAN XXX'2629 NAGGAR
JAN XXX'5509 GENERAL USAGE
JAN ACCESS-CRC CO OPEN LINE
JAN ACCESS-RVSD CO OPEN LINE
REFUND:HOW TO STOP JUNK MAIL
TRANSCRIPTION SVCS:W. STRANG
REFUND:SPORTS-BASEBALL DEFENSE
75081 02/14/02 VILLASENOR, CONNIE
75082 02/14/02 004839 W S S TRANSCRIPTION SER
001-2380
165-2380
190-2380
192-2380
193-2380
194-2380
280-2380
300-2380
320-2380
330-2380
340-2380
001-2500
165-2500
190-2500
192-2500
193-2500
194-2500
280-2500
300-2500
320-2500
330-2500
340-2500
001-120-999-5277
320-199-999-5208
001-170-999-5229
320-199-999-5208
320-199-999-5208
320-199-999-5208
320-199-999-5208
320-199-999-5208
190-183-4982
001-170-999-5250
190-183-4982
WHITE, JANICE
75083 02/14/02
1,744.66
40.02
335.54
.76
32.04
6.46
17.81
9.04
74.41
14.90
39.61
2v435.18
55.85
468.36
1.07
9.02
24.88
12.62
103.85
55.28
30.00
34.71
374.56
57.47
49.71
130.54
341.79
267.02
15.00
95.52
40.00
PAGE 12
CHECK
AMOUNT
3,365.32
263.80
5,546.92
30.00
646.99
608.81
15.00
95.52
40.00
VOUCHRE2
02/14/02 12:43
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
75084 02/14/02 004800 WILLAMETTE INDUSTRIES
75084 02/14/02 004800 WILLAMETTE INDUSTRIES
75084 02/14/02 004800 WILLAMETTE INDUSTRIES
75085 02/14/02
WILLS, WALLY
75086 02/14/02 004829 WILSON GROUP LLC, THE
75087 02/14/02 000570 WIMBERLY, VALERIE
75088 02/14/02
75088 02/14/02
75088 02/14/02
WISE, DOUGLAS
WISE, DOUGLAS
WISE, DOUGLAS
75089 02/14/02
WYSOCKI, RUTH
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
ITEM
DESCRIPTION
STD WHITE COPY PAPER-CITY HALL
BLUE COPY PAPER-CITY HALL
SALES TAX
REFUND:EX-MARCH FIELD AIR MUS.
CA STATE LOBBYIST CONSULTANT
REIMB:GENERAL PLAN MEETINGS
REFUND:BLDG PERMIT:B02-0161
REFUND:BLDG PERMIT:B02-0161
REFUND:BLDG PERMIT:B02-0161
REFUND:SPORTS-BASEBALL DEFENSE
ACCOUNT
NUMBER
330-199-999-5220
330-199-999-5220
330-199-999-5220
190-183-4982
001-110-999-5248
001-161-999-5260
001-2290
001-162-4200
001-162-4285
190-183-4982
ITEM
AMOUNT
1,832.00
191.40
156.82
13.00
3,500.00
104.95
.50
15.00
54.00
40.00
PAGE 13
CHECK
AMOUNT
2,180.22
13.00
3,500.00
104.95
69.50
40.00
TOTAL CHECKS 374,908.03
VOUCNRE2 CITY OF TEMECULA PAGE 2
02/14/02 16:10 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE
001 GENERAL FUND
190 COMMUNITY SERVICES DISTRICT
210 CAPITAL IMPROVEMENT PROJ FUND
310 VEHICLES FUND
AMOUNT
719,879.30
10,551.75
33,262.00
35,830.86
TOTAL 799,523.91
VOUCHRE2
02/14/02 16:10
VOUCHER/
CHECK CHECK VENDOR
NUMBER DATE NUMBER
75092 02/26/02 003706
75092 02/26/02 003706
75092 02/26/02 003706
75092 02/26/02 003706
75092 02/26/02 003706
75093 02/26/02 004801
75094 02/26/02 002541
75095 02/26/02 004621
75095 02/26/02 004621
75096 02/26/02 004579
75097 02/26/02 001380
75098 02/26/02 004239
75099 02/26/02 004404
75100 02/26/02 003286
75101 02/26/02 000944
75101 02/26/02 000944
75102 02/26/02 000230
75103 02/26/02 003218
75104 02/26/02 002654
75105 02/26/02 000406
75105 02/26/02 000406
75105 02/26/02 000406
75105 02/26/02 000406
75105 02/26/02 000406
75105 02/26/02 000406
75105 02/26/02 000406
75105 02/26/02 000406
75106 02/26/02 000357
75107 02/26/02 004806
75108 02/26/02 004368
75109 02/26/02 003730
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR
NAME
AMBIENT AVL INC
AMBIENT AVL INC
AMBIENT AVL INC
AMBIENT AVL INC
AMBIENT AVL INC
BECKER & BELL INC
ITEM ACCOUNT
DESCRIPTION NUMBER
SOUND SYS FOR OLD TWN W/CNTRL 001-164-603-5610
NEAR 1.5AT SPEAKERS-COMPONENTS 001-164'603'5242
SPARE IP CARD 001-164-603'5242
SALES TAX 001-164-603-5610
SALES TAX 001-164-603-5242
COMPENSATION CONSULTANT REVIEW 001-150-999-5248
BECKER CONSTRUCTION SRV DESILTING POND @ MARGARITA
STREET STRIPING PRGM:PW01-12
STREET STRIPING PRGM:PW01-12
JAN PRG$:CNAPARRAL POOl PW0008
TEMP NELP W/E 1/25 NAASEH
DESIGN SVCS COMMUNITY THEATER
PUBLIC OPINION ASSMNT:LIBRARY
JAN SVCS-LIBRARY SYSTEM AGRMT
REPLACE TRAF SIGNAL CONTROLLER
SALES TAX
ASSESSMNT ENG-VAIL RANCN ANNEX
JAN 2002 PLAN CNK SVC:PLANBIBG
FORD CAB/CNASSIS:PARAMEDIC SOD
10/18-11/14/01 LAW ENFORCEMENT
10/18-11/14/01 LAW ENFORCEMENT
10/18'11/14/01 LAW ENFORCEMENT
10/18-11/14/01 LAW ENFORCEMENT
10/18-11/14/01 LAW ENFORCEMENT
10/18-11/14/01 LAW ENFORCEMENT
10/18-11/14/01 LAW ENFORCEMENT
10/18-11/14/01 LAW ENFORCEMENT
DON SIDELL & ASSOCIATES
E S I EMPLOYMENT SERVIC
FISHER MERRIMAN BENGAL
GODBE RESEARCH & ANALY$
LIBRARY SYSTEMS & BERVI
MCCAIN TRAFFIC SUPPLY I
MCCAIN TRAFFIC SUPPLY I
MUNIFINANCIAL
PELA
RAMCNO FORD LINCOLN MER
RIVERSIDE CO SHERIFFS D
RIVERSIDE CO SHERIFFS D
RIVERSIDE CO SNERIFFS D
RIVERSIDE CO SHERIFFS D
RIVERSIDE CO SHERIFFS D
RIVERSIDE CO SHERIFFS D
RIVERSIDE CO SHERIFFS D
RIVERSIDE CO SHERIFFS D
RIVERSIDE CO TRANSPORTA 2ND OTR FY01-02 MAINT SVCS
RIVERSIDE COUNTY SHERIF DEC 2001 BOOKING FEES
VALI COOPER & ASSOCIATE DEC TEMP HELP LARSON
WEST COAST ARBORISTS IN CITYWIDE TREE TRIMMING MAINT
PAGE 1
ITEM CHECK
AMOUNT AMOUNT
17,247.16
2,100.00
190.00
1,341.71
221.26 21,100.13
11,500.00 11,500.00
001-164-601-5401 9,353.00 9,353.00
001-164-601-5410 29,088.17
001-164-602-5410 1,613.12 30,701.29
210-190-170-5804 5,512.00 5,512.00
001-161-999-5118 6,236.00 6,236.00
210-190-167-5802 10,500.00 10,500.00
210-199-129-5802 17,250.00 17,250.00
001-101-999-5285 10,823.68 10,823.68
001-164-602-5610 7,947.01
001-164-602-5610 615.89 8,562.90
190-180-999-5370 10,551.75 10,551.75
001-161-999-5250 6,425.00 6,425.00
310-1910 35,830.86 35,830.86
001-170-999-5288 352,461.78
001-170-999-5299 88,019.30
001-170-999-5295 9,073.60
001-170-999-5297 16~003.20
001-170-999-5291 12~654.00
001-170-999-5281 39,208.24
001-170-999-5262 24,800.10
001-170-999-5279 6,680.41 548,900.63
001-164-602-5405 26,154.00 26~154.00
001-170-999-52~ 13,579.20 13,579.20
001-163-999-5118 10,3~.00 10,373.00
001-164-601-5402 16,170.47 16,170.47
TOTAL CHECKS 799,523.91
ITEM 4
APPROVAL
CiTY ATTORNEY
DIRFCTOR OF FINANCE~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City ManagedCity Council
cv~,~/illiam G. Hughes, Director of Public Works/City Engineer
DATE:
February 26, 2002
SUBJECT:
Pamel Map No. 30166 located at 27565 Diaz Road
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Mayra L. De La Torre, Assistant Engineer'
RECOMMENDATION: That the City Council approve 1) Parcel Map No. 30166 in
conformance with the Conditions of Approval and 2) Subdivision Monument Agreement and accept
the Monument Certificate of Deposit as security for the agreement.
BACKGROUND: Parcel Map No. 30166 is a division of Parcel 4 as shown by Parcel
Map No. 16 and is a one (1) lettered lot "A" and four (4) parcel commercial subdivision of 10.38 net
acres. Lot "A" is being dedicated to public use for street and public utility purposes (i.e., Diaz Road).
The Parcel Map shows restricted access along Diaz Road with the exception of two (2) existing
access openings.
There are easements in favor of Rancho California Water District, Verizon and Southern California
Edison that are within the map boundary. These agencies have provided the City with Non-
Interference Letters (NIL), which state that they do not object to 'Ihe recordation of the parcel map.
The placement of monuments is required with this parcel map. All improvements on Diaz Road are
complete. Therefore, a Subdivision Monument Bond and Agreement are required, but no Faithful
Performance nor Labor and Material Bonds and Agreements are required.
The Developer/Trustees, Kenneth C. Smith and Christina Smith as trustees of the Smith Family
Trust and Union Bank of California, N.A., a California Corporation, have met all of the Conditions of
Approval. This parcel map is in conformance with the approved tentative map. The approval of a
final subdivision map, which substantially complies with the previously approved tentative map, is a
mandatory ministerial act under State law.
FISCAL IMPACT: None
ATrACHMENTS:
1. Fees & Securities Report
2. Project Vicinity Map
3. Parcel Map No. 30166
r:~gdrpt~2002\O108~m29974.map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
CASE NO. PM 30166
PARCEL MAP NO. 30166 DATE: February 26, 2002
IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR
SECURITY SECURITY
Street and Drainage $ 0 $ 0
Water $ 0 $ 0
Sewer $ 0 $ 0
TOTAL $ 0 $ 0
Monument $1,500
Note - Placement of monuments is required with this pamel map. All offsite and onsite
improvements have been completed. Therefore, monument bond and agreements are required, but
no faithful performance nor labor and material bonds and agreements are required.
In lieu of the Monument Bond and Agreement, the Developer ha,~; submitted a "Certificate of Deposit
Agreement for Monumentation" and a Certificate of Deposit in the amount of $1,500.
DEVELOPMENT FEES
City Traffic Signing and Striping Costs
RCFCD (ADP) Fee
Development Impact Fee
Quimby Fee
$ N/A
$ (Previously Paid)
$ N/A
$ No Fees Required
SERVICE FEES
Planning Fee
Comprehensive Transportation Plan
Plan Check Fee
Monument Inspection Fee
Fees Paid to Date
Balance of Fees Due
$ 58.00
$ 4.00
$ 830.00
$. 250.00
$ 1,142.00
$ o.oo
2
r:~agdrpt~2002\0108~pm29974.map
PARCEL MAP ~0166
BEING A DIVISION OF PARCEL 4 AS SHOWN BY PARCEL MAP 10 ON FILE IN
BOOK 1, PAGE .97 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CAEFORNIA,
J~J[LC '~ ~ U,~VUXRY, 2002
ii'.
ITEM 5
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
APPROVAL
CITY ATTORNEY
D RECTOROF
CITYMANAGER
~,~,/~William G. Director of Public Works/City Engineer
Hughes,
February 26, 2002
Amendment No. 1 to Construction Contract for Fiscal Year 2001-2002
Street Striping Program - Project No. PW01-12
PREPARED BY: ~ Bradley A. Buron, Maintenance Superintendent
RECOMMENDATION: That the City Council approve Amendment No. 1 to the Construction
Contract with C-18, Inc. for the Fiscal Year 2001-2002 Street Striping Contract, Project No. PW01-
12 for an amount of $60,000.00 and authorize the Mayor to execute the amendment.
BACKGROUND: On August 28, 2001 the City Council apF, roved the annual FY2001-2002
Street Striping Program in the amount of $173,020.59. The Street Striping Program includes
sandblasting and re-painting of street striping twice per year in order to insure visibility and
reflectiveness of street striping.
Amendment No. 1 is necessary due to additional requests from the Public Works Traffic Division for
the Temeku Hills Golf Cart Lane Project for the placement of approximately 25,000 feet raised
pavement markers. There has also been additional smaller stdping projects throughout the Citythat
were in addition to the original scope of work, which required sar~dblasting and re-striping.
FISCAL IMPACT: Adequate funds are available for Amendment No. 1 amount of $60,000.00 in
the Fiscal Year 2001-2002 Public Works Traffic Division Striping/Stenciling Account No. 001-164-
602-5410, and Street Maintenance Striping/Stenciling Account 001-164-601-5410. The total
construction cost including Amendment No. 1 is $250,322.65, which includes the original contract
amount of $173,020.59 plus the 10% contingency amount of $17',302.06.
ATTACHMENT: Amendment No. 1
I
R:~,GENDA REPORTS~2002\O22602\PW01-12 stdping Amend. DOC
FIRST AMENDMENT TO CONTRa,CT
BETWEEN CITY OF TEMECULA AND
C-18, INC.
FISCAL YEAR 2001-2002 STREET STRIPING PROGRAM
PROJECT NO. PW01-12
THIS FIRST AMENDMENT is made and entered into as of February 26, 2002 by and
between the City of Temecula, a municipal corporation ("City") and C-18, Inc. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On August 28, 2001, the City and Contractor entered into that certain
Contract entitled "City of Temecula Contract for Construction" ("Contract").
B. The parties now desire to amend the Contract as set forth in this Amendment.
2. Section 4 of the Contract is hereby amended to read as follows:
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO
HUNDRED THIRTY THREE THOUSAND TWENTY DOLLARS AND FIFTY NINE CENTS
(233,020.59), the total amount of the base bid.
3. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
1
R:ICIPIPROJECTSIPWOIlPWOI-12~C 18 AMENDMENT I.DOC
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written.
CITY OF TEMECULA
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
Pete,~ M. Thorson, City Attorney
CONTRACTOR
C-18, Inc.
330 E. 3rd Street
Beaumont, CA 92223
(909) 845-3099
Susan Hathaway, Secretary
2
R:ICIPIPROJECTSIPWOIIPWOI 121C 18 AMENDMENT I.DOC
ITEM 6
APPROVAL ~,~,
CITY ATTORNEY
DIRECTOR OF FINANCE J¢~-'~
CITY MANAGER
CITY OFTEMECULA
AGENDA REPORT
TO:
FROM:
City Manager/City Council
William G. Hughes, Director of Public Works/City Engineer
DATE:
February 26, 2002
SUBJECT: Amendment No 1 to Annual Contract Agreement
PREPARED BY:,~er Attar, Senior Engineer- Capital Projects
RECOMMENDATION: That the City Council approve Amendment No. 1 to the Annual
Agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $30,000.00 to provide as
needed appraisal services, and authorize the Mayor to execute this amendment.
BACKGROUND: On July 10,2001 the City Council approved an Annual Agreement with
Robert Shea Perdue Real Estate Appraisal to provide as needed appraisal services for FY2001-2002
in the amount of $30,000.00. These appraisal services are to be provided for the approved Capital
Improvement Program Projects for Fiscal Years 2002-2006.
Since the annual agreement for appraisal services with Robert Shea Perdue Real Estate Appraisal was
approved, numerous appraisals were required and completed. Many of the appraisals involved
properties affected by the proposed Cherry Street Interchange. These appraisals have virtually
consumed the $30,000 limit in the Annual Agreement. Amendment No. 1 is necessary to continue
appraising the properties required for the various Capital Improvement Projects.
FISCAL IMPACT: The total contract limit including Amendment No. 1 is $60,000.00. This amount
includes the original contract limit of $30,000 and Amendment No. 1 amount of $30,000. The
Consultant will continue to submit cost proposals for each appraisal request. Once a scope of service
and a schedule of fees are negotiated, funds are allocated from the corresponding project budget.
Only approved ClP projects will utilize the services under this agreement, unless directed otherwise by
the City Council.
A'FrACHMENTS: Amendment #1
1
r:~agdrpt~2002\0226\Perdue Contracts Amend1
FIRST AMENDMENT TO
AGREEMENT BETVVEEN
CITY OF TEMECULA AND
ROBERT SHEA PERDUE REAL ESTATE APPRAISAL
ANNUAL AGREEMENT
FOR
REAL ESTATE APPRAISAL SERVICES
THIS FIRST AMENDMENT is made and entered into as of February 26, 2002 by and
between the City of Temecula, a municipal corporation ("City") and Robert Shea Perdue Real
Estate Appraisal ("Consultant"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 10, 2001 the City and Consultant entered into that certain agreement
entitled "City of Temecula Agreement for Consultant Services" ("Agreement").
B. The parties now desire to amend the Agreement as set forth in this
Amendment.
2. Section 4.a. PAYMENT of the Agreement is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates
and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the
payment rates and schedule of payment are null and void. This amount shall not exceed
Sixty Thousand Dollars and No Cents ($60,000,00) for the total term of the Agreement
unless additional payment is approved as provided in thi,~; Agreement.
5. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
1
r:~agmts\masters\annual inasters\~2001-02\Perdue Apprasial AMEND1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECUI.A
Ron Robert.,;, Mayor
ATTEST:
Susan W. Jones, CMC City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Robert Shea Perdue Real Estate Appraisal
43020 Blackdeer Loop, Suite 204
Temecula, CA 92590
(909) 296-2900
Robert Shea Perdue, MAI, Owner
2
r:~agmts\masters~annual masters\~001-O2\Perdue Apprasial AMEND1
ITEM 7
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINAI~C~-
CITY MANAGER
CITY OFTEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council
William G. Hughes, Director of Public Works/City Engineer
February 26, 2002
SUBJECT:
Award of Construction Contract for the Margarita Road Interim Widening -
Phase I, Project No. PW99-01
PREPARED BY:
Amer Attar, Senior Engineer
Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council:
Award a contract for the Margarita Road Interim Widening - Phase I, Project No. PW99-
01 to R. J. Noble Company in the amount of $125,906.00, and authorize the City
Manager to execute the contract.
Authorize the City Manager to approve change orders not to exceed the contingency amount
of $12,590.60, which is equal to 10% of the contract amount
Approve a transfer in the amount of $60,000.00 in Capital Project Reserves from the
Jefferson Avenue Pavement Rehabilitation Project, to the Margarita Road Intedm Widening
Phase I, Project No. PW99-01.
BACKGROUND: On January 8, 2002, the City Council approved the plans and
specifications, and authorized the Department of Public Works to solicit public construction bids for
the Margarita Road Interim Widening - Phase I Project. This project will provide two lanes in each
direction on Margarita Road between Pauba Road and Santiago Road. Currently, this is the only
section of Margarita Road within City limits that does not have two lanes in each direction. The
interim improvements will include pavement widening, pavement rehabilitation, asphalt berm,
grading, irrigation system, landscaping, signing, striping, and signal modification at the intersection
of Margarita Road and Santiago Road. The improvements do not include concrete curbs, sidewalks
and streetlights.
Seven (7) bids were received and publicly opened on February 19, 2002, and results are as follows:
2.
3.
4.
5.
6.
7.
R.J. Noble Company .................................................................................... 3125,906.00
Ayala and Sons, Inc ..................................................................................... ~;130,122.50
J.D. Paving, Inc ..................................................................................... ~;130,315.83
Covered JC .................................................................................... ~ 140,398.00
Holland-Lowe Construction ............................................................................ ~ 142,093.00
Laird Construction .................................................................................... $149,610.00
McLaughlin Engineering & Mining, Inc ......................................................... $171,042.00
The Engineer's estimate for this project is $125,000.00.
1
r:\agdrpt\01\0306\pw99-01 .awd/
Staff has reviewed the bid proposals and found R.J. Noble Company of Orange, California to be the
lowest responsible bidder for this project. J.D. Paving, Inc. was the apparent Iow bidder at the time
of bid opening with a stated bid amount of $124,214.83. After examining J.D. Paving, Inc. bid, a
mathematical error in the addition of all bid items was found. After correcting the error, J.D. Paving.
Inc. corrected bid amount is $130,315.83. This amount places J.D. Paving as the third lowest
bidder. In addition, while there is indication in their proposal that they at least received one
addendum, J.D. Paving, Inc. did not submit acknowledgments of receiving the two addendums
issued for this project, as requested in the bid documents. R.J. Noble Company has satisfactorily
completed similar projects for the City in the recent past.
The specifications allow ninety (90) working days for completion of this project.
A copy of the bid summary is available for review in the City Engineer's office.
ENVIRONMENTAL: The City's Planning Department has reviewed the plans and
specifications and has performed a field review of the project site. It was determined that this
project is "Categorically Exempt", since there are no significant impacts and since all improvements
will be done within the existing right of way.
FISCAL IMPACT: The Margarita Road Interim Widening, Phase I Project is a Capital
improvement Project funded through Capital Project Reserves. The transfer from the Jefferson
Avenue Rehabilitation Project to the Margarita Road Interim Widening, Phase I Account No 210-
165-706-5804 is necessary to cover the construction amount of $138,499.60, which includes the
total contract amount of $125,906.00 plus the 10% contingency of $12,590.60.
ATrACHMENT:
1. Project Location
2. Contract
2
r:\agdrpt\01\0306\pw99~)1 .awdl
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW99-01
MARGARITA ROAD WIDENING (INTERIM PHASE I)
THIS CONTRACT, made and entered into the 26th day of February, 2002, by and between the
City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and R.J. Noble
Company, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
.8,
CONTRACT DOCUMENTS. The complete Contrac[ includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW99-
01, MARGARITA ROAD WIDENING (INTERIM PHASE I), Insurance Forms, this
Contract, and all modifications and amendments thereto, the State of California
Department of Transportation Standard Specifications (1992 Ed.) where specifically
referenced in the Plans and Technical Specification,,;, and the latest version of the
Standard Specifications for Public Works Constructic~, including all supplements as
written and promulgated by the Joint Cooperative Cornmittee of the Southern California
Chapter of the American Associated General Contractors of California (hereinafter,
"Standard Specifications") as amended by the General Specifications, Special Provisions,
and Technical Specifications for PROJECT NO. PW99-01, MARGARITA ROAD
WIDENING (INTERIM PHASE I). Copies of these Standard Specifications are available
from the publisher:
Building New, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provision, and Technical Specifications for PROJECT NO. PW99-
01, MARGARITA ROAD WIDENING (INTERIM PHASE I).
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
CONTRACT CA-1 R:tCIP~PR0 JECTS~W99~99-01 ~INTERIM II~SpeclContracLdoc
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as
binding as if called for by all. Any conflict between this Contract and any other Contract
Document shah be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable equipment,
and all utility and transportation services required for the following:
PROJECT NO. PW99-01, MARGARITA ROAD WIDENING (INTERIM PHASE I)
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by CITY.
CITY APPROVAL. All labor, materials, tools, equipmer~t, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR
agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE
HUNDRED TVVENTY FIVE THOUSAND NINE HUNDRED SiX DOLLARS and NO
CENTS ($125,906.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed ninety (90)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except that
the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
PAYMENTS
LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
UNIT PRICE RID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90%) of the value of the work completed
CONTRACT CA-2 R;ICIP~ =RO JECTS/PW99~99 01~NTERIM IIISpe:lCon~ac~.doC
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successiv,~ month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms
provided by the CITY.
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work for
which payment is demanded has been performed in accordance with the terms of
the Contract, and that the amount stated in the certificate is due under the terms of
the Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
Interest shall be paid on all undisputed payment requests not paid within thirty (30)
days pursuant to Public Contracts Code Sectior~ 20104.50. Public Contract Code
Section 7107 is hereby incorporated by reference.
In accordance with Section 9-3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereb,./delegates its authority to reduce
the retention to the Engineer.
WARRANTY RETENTION. Commencing with the date the Notice of Completion is
recorded, the CITY shall retain a portion of the Contract award price, to assure warranty
performance and correction of construction deficiencies according to the following
schedule:
CONTRACT AMOUNT
$25,000 - $75,000
RETENTION PERIOD RETENTION PERCENTAGE
180 days 3%
$75,000- $500,000
180 days
$2,250 + 2% ofamountin
excess of $75,000
Over $500,000
One Year
$10,750 + 1% of amount
in excess of $500,000
LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one
thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond
the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to CONTRACTOR. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of, and without the fault or
negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is
required to promptly notify CITY of any such delay.
CONTRACT CA-3 R:ICIP~ ~RO JECTSIPW99t99-01 ~ NTE R~M Ills peclCo n~'actdcc
10.
11.
12.
13.
14.
15.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6
above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to
work related to the payment. Unless the CONTRACTOR has disputed the amount of the
payment, the acceptance by CONTRACTOR of each payment shall constitute a release of
all claims against the CITY related to the payment. CONTRACTOR shall be required to
execute an affidavit, release, and indemnity agreement with each claim for payment.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the Director
of the Department of Industrial Relations. These rates are on file with the City Clerk.
Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR
shall post a copy of such wage rates at the job site and shall pay the adopted prevailing
wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section
1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract.
TIME OF THE ESSENCE. Time is of the essence in this contract.
INDEMNIFICATION. All work covered by this Contract done at the site of construction or
in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone.
CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers,
employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
The CONTRACTOR shall indemnify and be responsible, for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project. The
CITY shall deduct such costs from Progress Payments or final payments due to the CITY.
GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or
representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
CONFLICT OF INTEREST. CONTRACTOR warrants [hat he has no blood or marriage
relationship, and that he is not in any way associated wi[h any City officer or employee, or
any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been employed
by the CITY within one year of the date of the Notice Inviting Bids.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
16.
17.
18.
19.
20.
21.
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTFLACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex age, or handicap.
GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning
this Contract shall take place in the municipal, superior, or federal district court with
geographic jurisdiction over the City of Temecula. In the event of litigation between the
parties concerning this Contract, the prevailing party as determined by the Court, shall be
entitled to actual and reasonable attorney fees and litigalion costs incurred in the litigation.
PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of
a local public body shall have any interest, direct or indirect, in the contract of the
proceeds thereof during his/her tenure or for one year thereafter.
Furthermore, the contractor/consultant covenants and agrees to their knowledge that no
board member, officer or employee of the City of Ternecula has any interest, whether
contractual, non-contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than the City of Temecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
CONTRACT CA-5 R;ICiP~PRO J ECTS~PW99~99-0 IlINTERIM IIISpeclCon~'~ct doc
22.
23.
ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589-9033
Street Address:
William G. Hughes
Director of Public Works/City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590-3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
R.J. Noble Company
15505 E. Lincoln Ave.
Orange, CA 92865
(714) 637-1550
Michael J. Carver, President
DATED:
CITY OF TEMECULA
Ron Roberts, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Susan W. Jones, CMC, City Clerk
ITEM 8
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIRECTOR OF FINANCE __,~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
· /~]J~illiam G. Hughes, Director of Public Works/City Engineer
February 26, 2002
Authorize Temporary Street Closures for Portions of Walcott Lane and La
Serena Way
PREPARED BY:
Ronald J. Parks, Deputy Director of Public Works
Clement M. Jimenez, Associate Engineer
RECOMMENDATION: That the City Council approve the temporary street closures for
portions of La Serena Way and Walcott Lane, and adopt a resolution entitled:
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF WALCO'Fr LANE AND
LA SERENA WAY FOR A DURATION OF UP TO 30 DAYS SPLIT
INTO TWO DIFFERENT CONSTRUCTION PHASES TO ALLOW
FOR WET UTILITY AND STORM DRAIN CONSTRUCTION AND
RELOCATION AS REQUIRED BY CONDITIONS OF APPROVAL
FOR TRACT MAP NO. 23209.
BACKGROUND: On June 9, 1992, the City Council of the City of Temecula approved
conditions of approval for Tract Map No. 23209. In accordance with these conditions and their
extensions of time, the Developer, Shea Homes, Limited Partnership, is responsible for the
construction of Walcott Lane, La Serena Way, and Butterrield Stage Road at their ultimate
horizontal and vertical alignment. This work includes the removal of existing street improvements
for a portion of Waicott Lane, the construction of new and/or relocation of existing utilities and storm
drains, and the grading of a new park site at the northwest corner of Walcott Lane and La Serena
Way.
The scope and nature of the work together with the topography of the site, still require partial street
closures to allow for public and worker safety during construction. The developer revised their
construction methods and detour route to keep Walcott Lane open during most of the construction
but results in a temporary street closure for up to 30 days. The original construction schedule called
for a 5-month long temporary street closure. The developer now proposes to split the 30 days into
two different construction phases without overlap. The construction start dates for each of the two
construction phases are Mamh 22, 2002 for Phase 2 and October 4, 2002 for Phase 4. These
construction start dates are tentative and the developer should halve a better idea of the detour star[
dates once they confirm the construction schedule with EMWD and RCWD.
1
r:~agdrpt~002\022602',TM 23209 La Serena-Walcott Street Closure
The closure of Walcott Lane near its intersection with La Serena ~Nay and K~arer Lane is necessary
for the installation of wet utilities, including sewer and water, and the matching of existing with
proposed improvements once the new portion of Walcott Lane has been completed. Likewise, the
closure of La Serena Way is necessary to match existing with proposed improvements. The
proposed storm drain extension is scheduled to take place before Phase I of the construction
schedule.
Access will be provided via Old Walcott Lane to La Serena Way throughout the entire project except
for two periods of 10 to 15 days totaling a 30-day period for Phase 2 and Phase 4. The developer
will need to make interim street improvements for this detour route, shown in Exhibit "A" attached,
including the grading and paving across a portion of the proposed park site that will connect Old
Walcott Lane to La Serena Way. During these two periods, traffic will be diverted to three alternate
routes. These alternate routes are intended to provide access from Nicolas Road to La Serena Way
as well as local access. The first alternate route would direct eastbound traffic on Nicolas Road to
Calle Medusa to La Serena Way. The second alternate route would direct either eastbound or
westbound traffic on Calle Chapos to Riverton Lane to Calle Meclusa to La Serena Way. The third
alternate route would direct southbound traffic on Walcott Lane to Klarer Lane to Calle Katerine to
Calle Medusa to La Serena Way. Signs indicating detour routes will be posted as shown on the
approved traffic control plan.
FISCAL IMPACT: None. All costs incurred by developer.
ATTACHMENTS:
2.
3.
4.
Resolution No. 2002-
Exhibit "A" - Detour Route
Exhibit "B" - Construction Detour Phases
Exhibit "C" - Alternate Routes
2
r:~agdrpt~002\022602~TM 23209 La Serena-Walcott Street Closure
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF WALCO'I-F LANE AND
LA SERENA WAY FOR A DURATION OF UP TO 30 DAYS SPLIT
INTO TVVO DIFFERENT CONSTRUCTION PHASES TO ALLOW
FOR WET UTILITY AND STORM DRAIN CONSTRUCTION AND
RELOCATION AS REQUIRED BY CONDITIONS OF APPROVAL
FOR TRACT MAP NO. 23209.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, the California State Vehicular Code provides for the promulgation of rules and
regulations for the temporary closure of public streets by local authorities by Resolution; and,
WHEREAS, the City Council desires to establish rules and regulations for the temporary
closure of public streets in the interest of promoting safety and protection; and,
WHEREAS, the Developer, Shea Homes, is required to satisfythe conditions of approval for
Tract Map No. 23209, by the construction of public improvements on Walcott Lane, La Serena Way,
and Butterfield Stage Road; and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve the
padial street closures on La Serena Way and from Poole Court to its current terminus at Walcott
Lane and Walcott Lane from Klarer Lane to its intersection with La Serena Way, as shown in Exhibit
"A" of this resolution, to allow for construction improvements during Phase 2 beginning on March 5,
2002 and Phase 4 beginning on October 4, 2002 lasting for a combined period of up to 30 days;
and,
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the City Engineer to permit the partial street closures of Walcott Lane and La Serena
Way, as shown in Exhibit "A" of this resolution and made a part thereof, for a period of up to 30 days
during two different construction phases as noted above.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 26th day of February 2002.
ATTEST:
Ron Roberts, Mayor
Susan W.Jones, CMC, City Clerk
3
r:~agdrpt~2002\022602',TM 23209 La Serena-Walcott Street Closure
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2002- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 26th day of January 2002, by the following vote:
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
r:~gdrpt~2002\02260~\TM 23209 La Serena-Wal~ott Street C~osure
RESOLUTION NO. 2002-.___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AUTHORIZING A TEMPORARY
STREET CLOSURE FOR PORTIONS OF WALCOTF LANE AND
LA SERENA WAY FOR A DURATION OF UP TO 30 DAYS SPLIT
INTO TWO DIFFERENT CONSTRUCTION PHASES TO ALLOW
FOR WET UTILITY AND STORM DRAIN CON~.TRUCTION AND
RELOCATION AS REQUIRED BY CONDITIONS OF APPROVAL
FOR TRACT MAP NO. 23209.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, the California State Vehicular Code provides for the promulgation of rules and
regulations for the temporary closure of public streets by local authorities by Resolution; and,
WHEREAS, the City Council desires to establish rules and regulations for the temporary
closure of public streets in the interest of promoting safety and protection; and,
WHEREAS, the Developer, Shea Homes, is required to satisfythe conditions of approval for
Tract Map No. 23209, by the construction of public improvements on Walcott Lane, La Serena Way,
and Butterfield Stage Road; and,
NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve the
partial street closures on La Serena Way and from Poole Court to its current terminus at Walcott
Lane and Walcott Lane from Klarer Lane to its intersection with La Serena Way, as shown in Exhibit
"A" of this resolution, to allow for construction improvements du ring Phase 2 beginning on March 5,
2002 and Phase 4 beginning on October 4, 2002 lasting for a combined period of up to 30 days;
and,
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby
authorizes the City Engineer to permit the partial street closure~s of Walcott Lane and La Serena
Way, as shown in Exhibit "A" of this resolution and made a part thereof, for a period of up to 30 days
during two different construction phases as noted above.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 26th day of February 2002.
ATTEST:
Ron Roberts, Mayor
Susan W.Jones, CMC, City Clerk
3
r:~agdrpt~2002~022602\TM 23209 La Serena-Walcott Street Closure
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2002- was duly and regularly adopted I;~y the City Council of the City of
Temecula at a regular meeting thereof held on the 26~h day of January 2002, by the following vote:
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC, City Clerk
4
r:~agdrpt~002\02260;!\TM 23209 La Serena-Walcott Street Closure
EXHI~IT"~"
TRAFFIC
LA
Sign
CONTROL & DETOUR EXHISlT
SERENA WAY & WALCOTT LANE
£//-//£/T "C"
Sign
U
CONSTRUCTION
~WDRK AREA
LEGEND
--- ALternote Route No. ]
--- Attemnote Route NO. 2
--- Alternote Route NO. 3
N Detour (~/Jth Note)
S~gn
Sign
ITEM 9
APPROVAL
CITY ATTORNEY
DIRECTOROFFIN~N~E~
CITYMANAGER
ClTY OFTEMECULA
AGENDA REPORT
TO:
City Council/City Manager
FROM:
Grant Yates, Assistant to the City Manager
DATE:
February 26, 2002
SUBJECT:
City Hall Tenant Improvements
PREPARED BY:
Aaron Adams, Sr. Management Analyst
RECOMMENDATION: That the City Council:
1 ) Approve a contract in the amount of $20,500.00 to construct tenant improvements to City
Hall
2) Appropriate $22,550.00 (which includes a 10% contingency fund) from the General Fund
Unappropriated fund balance
BACKGROUND: On January 3, 2002, the City entered into a contract with Rix_zo
Construction Inc., to construct several tenant improvements within City Hall as a component of
an organization wide space-planning project.
Following these improvements, which included construction of 2 private offices to facilitate the move
of the Redevelopment Agency, additional improvements were identified to further improve City Hall
security and provide for additional workspace.
It is staffs recommendation to amend this contract to allow for additional improvements to be made
which will include the following:
· Redesigning the Front Lobby area workspace to accommodate a secured door restricting
free access into City Hall. (Access will be provided by staff assigned to this work area)
· Relocating the door to the Geographic Information Systems (GIS) to the south side of the
department allowing for workstation reconfiguration to occur.
· Modifying existing plan storage area in Building and Safety to allow for a more expansive
and efficient use of space
· Cutting and expanding the case opening in the Cashiers Office downstairs to allow for a
separate Business License window which will improve customer service
FISCAL IMPACT: A transfer of $22,550.00 is requested from the General Fund
Unappropriated Fund Balance. These dollars will be appropriated into the following departments:
Finance, City Clerk and Building and Safety.
CITY OF TEMECULA
CONTRACT AGREEMENT
FOR
CONSTRUCTION SERVICES
THIS CONSTRUCTION CONTRACT, made and entered into as of February 26,
2002 by and between the City of Temecula, and Rizzo Consllruction Inc. ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF WORK. Contractor shall construct and install all of the work described in
the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required for the Work. All of said Work to be performed and materials to be
furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of
Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall
not commence the Work until such time as directed in writing by Ihe City.
2. COST OF WORK. For the Work described in Section 1 of this Agreement
Contractor shall receive the sum of Twenty Thousand Five Hundred Dollars ($20,500) payable in
accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B.
Any terms other than a description of the work to be performed, costs of the work, or the payment
schedule contained in Exhibits A or B is null and void and not pal't of this Agreement.
3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best
of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practicE;s utilized by persons engaged in
providing similar services as are required of Contractor hereunder in meeting its obligations under
this Agreement.
4. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be
fumished and work performed and completed subject to the approval of City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance.
5. CHANGE ORDERS. All change orders shall be approved by the City Council,
except that the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the Work in an amount not to exceed a 10% contingency as established by
the City Council.
6. WAIVER OF CLAIMS. On or before making final request for payment under
Paragraph 2, above, Contractor shall submit to City, in writing, all claims for compensation under or
arising out of this contract; the acceptance by Contractor of the, final payment shall constitute a
waiver of all claims against City under or arising out of this Contraot except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release and
indemnify agreement with each claim for payment.
7. PREVAILING WAGES. Pursuant to the provisic, ns of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per diem
wages and the general rate for holiday and overtime work in this k)cality for each craft, classification,
or type of workman needed to execute this Contractor from the Director of the Department of
R:LPA PAGG~AGR EEMTS'xRIZZO #2 AGREEMENT.2002 DOC I Febma~ 20, 2002
Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at
the City Clerk's office of Temecula. Contractor shall post a copy ef such wage rates at the job site
and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant
to the previsions of 1775 of the Labor Code, Contractor shall forfei'~ to the City, as a penalty, the sum
of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed,
paid less than the stipulated prevailing rates for any work done under this contract, by him or by any
subcontractor under him, in violation of the provisions of the Con¢:ract.
8. SUSPENSION OR TERMINATION OF AGREEMI-'NT WITHOUT CAUSE.
a. The District may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate the
remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to this
Section, the Contractor will submit an invoice to the City pursuan'{ to Section 3.
9. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Contractor. If such failure by the Contractor to make progress in the performance of work
hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of
the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor
with written notice of the default. The Contractor shall have (10) .days after service upon it of said
notice in which to cure the default by rendering a satisfactory pecformance. In the event that the
Contractor fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without further
notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under
this Agreement.
10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City,
its officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful
acts or omissions in pedorming or failing to perform under the terms of this Agreement, excepting
only liability arising out of the sole negligence of the City.
R:\PA PAGG~AGREEM~'SkRIZZO #2 AGREEMENT.2OO2.DOC 2 FebruaD, 20, 2002
11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of
the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1)
Insurance Services Office Commercial General Liability coverage
(occurrence form CG 0001).
(2)
Insurance Services Office form nurnber CA 0001 (Ed. 1/87) covering
Automobile Liability, code I (any auto).
(3)
Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1)
General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and propertydamage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2)
Automobile Liability: $1,000,000 F, er accident for bodily injury and
property damage.
(3)
Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1)
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by
the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on
the scope of protection afforded lo the City, its officers, officials,
employees or volunteers.
R:\PA PAGG~AG R EEMTS\R[ZZO #2 AGREEMENT,2002 DOC 3 Fcbraary 20.2002
(2)
For any claims related to this pro?ct, the Contractor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteer,,;. Any insurance or self-insured
maintained by the District, its o~ficers, officials, employees or
volunteers shall be excess of the Ccntractor's insurance and shall not
contribute with it.
(3)
Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the District, its officers, officials, employees or volunteers.
(4)
The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5)
Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District.
f. Verification of Coveraqe. Contractor shall furnish the District with original
endorsements effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on
forms provided by the City. All endorsements are to be received and approved by the City before
work commences. As an alternative to the City's forms, the Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
g. Contractor, by executing this Agreement, hereby certifies:
"1 am aware of the provision of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workman's Compensation or undertake
self-insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of the work of this Contract."
12. TIME OF THE ESSENCE. Time is of the essence in this Contract.
13. INDEPENDENT CONTRACTOR. Contractor is and shall at ail times remain as to
the City a wholly independent contractor. The personnel peHorming the services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and
control. Neither City nor any of its officers, employees or agents shall have control over the conduct
of Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor shall
not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City
in any manner.
R:\PA PAGG~AG REEMTS\RIZZO #2 AGREEM ENT.2002.DOC 4 Febroaq/20, 2002
a. No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in any way affect
the performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such laws and regulations. The City, and its officers and employees, shall not
be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by City for purposes of letting th is Contract out to proposal will be
accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every
detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims
whatsoever for extra compensation or for an extension of time.
16. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by
this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and
persons employed, all firms supplying materials, and all subcontraotors on the Work have been paid
in full, and that there are no claims outstanding against the project for either labor or materials,
except certain items, if any, to be set fodh in an affidavit covedng disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the State of
California.
17. BOOKS AND RECORDS. Contractor's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the City.
18. UTILITY LOCATION. District acknowledges its responsibilities with respect to
locating utility facilities pursuant to California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215.
20. INSPECTION. The Work shall be subject to inspection and testing by City and its
authorized representatives during manufacture and construction and all other times and places,
including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide
all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections
and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be
subject to final inspection and acceptance notwithstanding any payments or other prior inspections.
Such final inspection shall be made within a reasonable time after completion of the Work.
21. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national origin, color,
sex, age, or handicap.
22. WRITTEN NOTICE. Any notices which either pap:y may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal
service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt reques'~ed, addressed to the address of
the party as set forth below or at any other address as that party may later designate by Notice:
To City:
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Contractor:
Rizzo Construction Inc.
P.O. Box 301
Temecula, California 92593
23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
24. LICENSES. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the services described in
this Agreement.
25. GOVERNING LAW. The City and Contractor understand and agree that the laws of
the State of California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over
the City of Temecula.
26. PROHIBITED INTEREST. No officer, or emplo,.lee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the
parties relating to the obligations of the parties described ir, this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such pady deems material.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing
this Agreement on behalf of Contractor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the
performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
CITY OF TEMEC LJLA
BY:
Ron Robeds, Mayor
Attest:
Susan W. Jones, CMC
City Clerk
Approved As to Form:
City Attorney
CONTRACTOR
Name
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers required)
R:~PAPAGG',AG REEMTS~.IZZO #2 AGREEMENT.20~2.DOC ~' Febrvat7 20. 2002
See attached Proposal
EXHIBIT A
SCOPE OF WORK
R:\PA PAGG,AG R EE MTS~RIZZO #2 AGREEMENqf.2OO2.DOC 8 Febraary 20. 2002
EXHIBIT B.
SCHEDULE OF PAYMENT
The City agrees to pay Consultant, upon satisfactory completion o[ the work in accordance with the
Exhibit 'A'. This amount shall not exceed Twenty Thousand Five Hundred Dollars ($20,,500) for
the total term of the Agreement unless additional payment is approved as provided in this
Agreement.
Contractor will submit an invoice for actual services performed. Invoice shall be
submitted between the first and fifteenth business day of each month, for services provided per this
agreement. Payment shall be made within thirty (30) days of receipt of each invoice as to all
nondisputed fees. If the City disputes any of contractor's work it shall give written notice to
Contractor within 30 days of receipt of the invoice of any disputed work performed by the contractor.
Rizzo
Const ction Inc. PROPOSAL.
'GENERAL.' and INSULATION Co~rRAcToR
BONDED · INSURED ,, LICENSE N(~). 624315
30145 CORTE PLATA TEMECULA, CA. 92951
OFFICE.! (909) 676-3001 ~ FAX: (909) 695-9210 CEL (909) 322-8807
·. TO: CITY OF TEMECULA PROJECT
43200 BUSINESS PARK:DR..
TEMECULA, CA. Y'Z.S~0: .'
Crr o A0r. as OmCE
· '. PHONE: FAX (909) 69~d99 PHONE:
' ' . . .. DATE: 2/4/02
$ DJFFEI~ENT PRO. fECTS CITY
43200 BUSINESS PARK DR.
TE MEC~-~,A,~r CA.'
· . . We pxoj~sc to furnish all.labor, mator/al and equipment n~ary to complete the fotlowins:
i. FRONT LOBBY CUT OPENING & CASE OPENING AT PUBLIC TELEPHO'~E ROOM. = $ 881.00
· · 2. FRONT LOBBY FRAME WALl: WITH DOOR ,. -~ $ 3,6~$.00
3. FRONT LOBBY FURNISH COUNTER T°P TO MATCH EX'lb'rING_ - $ 687.00
4. rgO T'LO ¥ sgsrE somT ovE nara E
5. PLAN STORAGE ROOM CUr NEW OPENING CENTERED IN WALL AND CLOSE UP EXISTING OEENING. = $1,737.00
': 6. NORTH ENTRANCE STORAGBROOM, INSTAI~ DRYVIT FINISH COAT AROUND DOOI~ ~ $ 95?.00
8. LOBBY CARD READER, ELEc'I KIC LATC~ LEVER HANDLE NEW CONTROL BOX. = $ 4,800.00
· F°r the total sum of TWenty th°usand Five b~dr~d Dollars (Salts T~x lnclud~l) Dollars 20,500.00
Te~ms:: 'NET CHECK O'N COMPLETION.
p~'mano~ of the work to b~.done in aec~danr~ wit~ the ~ developed indus~ techniques.
Thc Company came~ Workma~'s Co~p~safion and Public Liability and Pwpe~'~ Damage
This bid is based ou the c~rrem.pri~e of la~aor and mate~a[ lfnotaeeeptedwi~hin IS days fi'om_,~...t__ehe~e~erlg~isn:se~ved
to s~bm~t a new bill If 1h~ serv~ce~ of anaUorn~ be employed for the enfome~nt of a~y of thc obllgafions of the p~dmset, ~- ofthe
seller, either by ~ 0~. otho-wls~, p~rdm~ agreed.to pay r~asonabl¢ attorney feeS. "· .
. /LI! eiders aocepted subjec~ to clearml~c b~ out credit depm'tme~t and subjea to sig~a~m'e of an oific~ of the Cea~pany at ot~ dir~ie~.
AU.agr~me~t~ co.ringer up~':s~a~, aecid~ts, aas of God, o~ o~her &data b~yoad out conl~ot
.. NAME OF '" NAME OF
O~R. ' LENDER [
BY
ITEM 10
APPROVAL
CI~'Y ATTORNEY
DIRECTOR OF FINANC~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City ManagedCity Council
James B. O'Grady, Assistant City Manager(~;'v~/'/'''-
February 26, 2002
Consideration of Support for City of Corona Regarding Issues of Mutual Concern
with Riverside County
PREPARED BY:
Grant Yates, Assistant to the City Manager
RECOMMENDATION: That the City Council authorize the City Manager to work with the City
Managers of the Cities of Corona, Moreno Valley and Riverside to develop a cooperative
Memorandum of Understanding (MOU) with the County of Riverside to address issues of mutual
concern.
BACKGROUND: At the January 22, 2002, City Council meeting, Corona City Council
members Jan Rudman and Jeffrey Bennett came before the Council requesting that Temecula
consider taking specific action based on related issues with the County of Riverside.
After reviewing this request, staff is recommending that the City Council authorize the City
Manager to work with the City Managers from Corona, Moreno Valley and Riverside to develop
a MOU that addresses the concerns that the Cities have in conducting business with the County
of Riverside.
These Cities have begun to work with the County to try to address issues raised in the Corona
Council members presentation. Staff believes that by joining with these other Cities, Temecula
might have more leverage in dealing with the County of Riverside. This proposed MOU could
also help improve communication between the Cities and the ,County and could serve as a tool
to help resolve County policy issues that negatively impact the City of Temecula.
FISCAL IMPACT: None at this time.
ATTACH M ENT(S):
R:\CITYMGRIYATESG~Benne[t request-County MOU doc
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
FEBRUARY 12, 2002
A regular meeting of the City of Temecula Community Services District was called to order at 7:38
P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President
Stone presiding.
ROLL CALL
PRESENT: 5 DIRECTORS:
ABSENT: 0 DIRECTORS:
Comerchero, Naggar, Pratt, Roberts, Stone
None
Also present were General Manager Nelson, Assistant City Attorney Curley, and City Clerk Jones.
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes from January 8, 2002;
1.2 Approve the minutes from January 22, 2002.
2 Approval of 2001-02 Mid-Year Budqet Adiustments fro TCSD
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. CSD 02-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTP, ICT AMENDING
THE FISCAL YEAR 2001-02 ANNUAL OPERATING BUDGET
MOTION: Director Naggar moved to approve staff recommendation. The motion was
seconded by Director Comerchero and voice vote reflected unanimous approval.
Minutes.csd\021202 1
DIRECTOR OF COMMUNITY SERVICES REPORT
No comments.
GENERAL MANAGER'S REPORT
General Manager Nelson commended the Community Services Department staff on their efforts
associated with the tree maintenance/removal needed as a result of the recent windstorm.
BOARD OF DIRECTORS' REPORTS
A. Although the services were not necessary, Director Naggar advised that the City had
opened its shelter at the Community Recreation Center as a result of the recent windstorm and
commended the Community Services Department staff on a job well done, noting that American
Red Cross services were as well available.
B. Relaying a constituent's request to provide a more patriotic theme at Veterans Park,
President Stone advised that it also has been requested that permanent restroom facilities be made
available. Mr. Stone requested that the Community Services Commission address the matter.
C. Director Roberts noted that discussions of placing a memorial at the Duck Pond are
underway and, therefore, suggested that the consideration of either location (Veterans Park and
Duck Pond) be coordinated.
D. Director Comerchero recommended that the use of public art be considered with the
placement of a memorial at either Veterans Park or the Duck Pond.
E. While attending the National League of California Cities Conference, Director Naggar
relayed his experience with art in public places, spoke in support of such action, and recommended
that the City educate its citizens as to what constitutes public art.
F. President Stone noted that the City of Palm Dessert displays public art and recommended
that Board defer the discussion of public art to a future meeting.
Minutes.csd\021202 2
ADJOURNMENT
At 7:43 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, February 26, 2002, at 7:00 P.M., City Council Chambers, 43200 Business Park
Drive, Temecula, California.
ATTEST:
Jeffrey E. Stone, President
Susan W. Jones, CMC
City Clerk/District Secretary
[SEAL]
Minutes.csd\021202 3
ITEM 2
APPROVAL
CITY ATTORNEY ~
DIRFCTOR OF FINAN(~E~
GENERAL MANAGER ~
TEMECULA COMMUNITY SERVICESDISTRICT
CITY OFTEMECULA
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman Parker, Director of Community Ser~ices
DATE:
February 26, 2002
SUBJECT:
Amendment No. 2 to a Consulting Agreement for Construction Management
J
PREPARED BY: ""William G. Hughes, Director of Public Works/City Engineer /~mer Attar, Senior Engineer
RECOMMENDATION: That the Board of Directors approve Amendment No. 2 to the consulting
agreement with Don Sidell & Associates in the amount of $4,000 to continue providing construction
management services for the Chaparral High School Swimming Pool, Project Number PW00-08CSD,
and authorize the General Manager to execute this amendment.
BACKGROUND: On July 10, 2001 the Board of Directors approved a construction
management agreement with Don Sidell and Associates of San Diego, California, in the amount of
$46,600 for the Chaparral High School Swimming Pool project. The General Manger previously
approved Amendment No. 1 for $3,900, since it was within the 10% contingency. Amendment No. 1
provided for an increase in the scope of services to include the coordination of additional utility
installations and landscaping features.
Since the approval of Amendment No. 1, we have added a competition lighting system to the project,
we had to resolve many new issues, and we needed to closely supervise many work items due to the
numerous changes to the project. This additional work necessitated the presence of the construction
manager on the job site beyond what was anticipated and what was covered under the original
agreement and the previous amendment. We are requesting the approval of Amendment No. 2 in the
amount of $4,000.00 to cover the additional construction management services. This amount exceeds
the 10 % contingency and requires Board of Directors approval
FISCAL IMPACT: The original agreement amount is $46,600. Amendment No. 1for $3,900 was
covered by the 10% contingency. Amendment No. 2 for $4,000 will exceed the 10% contingency by
$3,200. This amendment will bring the contract amount to $54,50(;). Sufficient funds are available in
Account No. 210-190-170-5804 to cover this amount.
A'rI'ACHMENTS: Amendment #2
1
r:~agdrpt\2002\0226~Perdue Contracts Amend1
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND
DON SIDELL & ASSOCIATES
CHAPARRAL HIGH SCHOOL SWIMMING POOL
PROJECT NO. PW00-08CSD
THIS SECOND AMENDMENT is made and entered into as of February 26, 2002 by and
between the City of Temecula, a municipal corporation ("City") and Don Sidell & Associates
("Consultant"). In consideration of the mutual covenants and conditions set forth heroin, the parties
agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On July 10, 2001, the City and Consultant enterod into that certain agroement
entitled "City of Temecula Agreement for Consultant Services" (".Agreement").
The Agreement was amended on November 30, 2001. The Agreement as
amended shall be roferred to as the "Agroement."
C. The parties now desire to amend the Agreement as set forth in this
Amendment.
2. Section 5 of the Agroement is hereby amended to road as follows:
a. The City agrees to pay Consultant monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment
Rates and Schedule, attached hereto and incorporated herein by this reference as
though set forth in full, based upon actual time spent on the above tasks. Any terms
in Exhibit B other than the payment rates and schedule of payment are null and void.
This amount shall not exceed Fifty Four Thousar, d Five Hundred Dollars and No
Cents ($54,500.00) for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
3. Except for the changes specifically set forth herein, all other terms and conditions of
the Agreement shall remain in full force and effect.
I
R:ICIPIPROJECTS~PWO0~O0 081CM~SIDEL£ AMEND 2,DOC
IN WITN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECUI..A
BY:
Shawn D. Nelson, City Manager
ATTEST:
BY:
Susan W. Jones, CMC, City Clerk
Approved As to Form:
BY:
Peter M. Thorson, City Attorney
CONSULTANT
Don Sidell & Associates
12435 Ruette Alliante
San Diego, CA 92130
(858) 755-0563
BY:
Don Sidell, Owner
2
R:ICIPIPROJECTSIPWOOIOO-O81CM1SIDELL AMEND 2.DOC
TCSD
DEPARTMENTAL
REPORT
APPROVAL ~'~"~'"~
CITY A'rTORNEY
DIRECTOR OF FINAN~_. ~---
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Board of Directors
Herman D. Parker, Director of Community' Servicesr~,
February 26, 2002
Departmental Report
PREPARED BY: Gall L. Zigler, Administrative Secretary
Staff released a Request for Qualifications (RFQ) for the design of an aquatic facility to be
constructed at Chaparral High School. The Board of Directors approved a Scope of Services
Agreement on December 7, 1999, with the number one ranked firm, RJM Design Group. The
architect and project design committee has completed the schematic design of the project. The
Board of Directors approved the Master Plan on June 27, 2000, and awarded a contract to RJM
Design Group on July 11,2000, for the Phase II of the Design Contract. The City Council awarded
a contract to California Commercial Pools on July 10, 2001 and construction began on August 13,
2001. Both pools have been shotcreted and the tile has been installed. The block work for the
building is complete, 60% of the deck has been poured, all equipment in the mechanical room has
been installed, palm trees have been planted and the fencing is currently being constructed. The
project is on schedule and staff anticipates construction will be completed by early spring.
The Mary Phillips Senior Center expansion and renovation project is nearly complete.
Improvements included two additional meeting rooms, a game room, restrooms, renovations to the
existing reception area, library, craft room and office. A grand re-opening has been scheduled for
Tuesday, February 26, 2002, from 11:30 to 2:00 pm.
The Master Plan for the Temecula Public Library was adopted at the September 26, 2000 City
Council Meeting. Staff has negotiated a contract with LPA for the final construction documents and
specifications for the Temecula Public Library. Staff is resolving the final issue with the construction
documents and they will be submitted for final plan check. Staff released an RFQ for grant writing
services to apply for the California State Library's Bond Act 200(}. A consultant was selected and
focus group interviews and a community workshop were held on January 28 - 29, 2002.
Staff released an RFQ for the children's museum interior space planning, exhibit design, fabrication,
construction and installation. Interviews were held of the four top ranked firms on October 17, 2000.
Staff began negotiations with the top ranked firm, Sparks Exhibits and Environments. The
Agreement and Scope of Services was approved by the City Council on December 12, 2000. The
committee has been meeting and has proposed naming the facility "Imagination Workshop, The
R:~ZIGLERG~XDEPTRPTX0202.doc
Temecula Children's Museum". A staff report went forward to the Community Services Commission
on May 14, 2001, and they unanimously approved a recommendation to the City Council to name
the facility. The Design Committee has been working on a theme an interior design concept. A
committee meeting was held on October 11,2001. The Communit~t Services Commission reviewed
the design concept for the project and recommended staff take the design concept fowvard to the
City Council. The Board of Directors will be reviewing the design concept.
We met with RHA Landscape Architects regarding the improvements to Vail Ranch Park Site "C"
adjacent to Pauba Elementary School. This project is identified in this year's CIP. The new
amenities will include a tot lot, picnic shelter, tables, benches and walkways. The Community
Services Commission reviewed and approved the conceptual master plan at their February 11,
2002 Commission meeting.
The Development Services Division continues to participate in the development review for projects
within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as
overseeing the development of parks and recreation facilities, and the contract for refuse and
recycling, cable television services and assessment administration.
The Maintenance Division continues to oversee the maintenance of all parks and recreation
facilities, as well as all other City owned public buildings and facilities. In addition, the Maintenance
Division assists in all aspects of Citywide special events.
The Recreation Division is in the preliminary planning stages for upcoming holiday events including
the Spring Egg Hunt and the Annual 4th of July parade and fireworks extravaganza. The Recreation
Division continues to plan, program and implement a variety ,3f classes and activities for the
community.
R:~Z IGLE RGk.XDE PT RPTx0202.d oc
Febma~ 20, 2002
REDEVELOPMENT
AGENCY'
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY
FEBRUARY 12, 2002
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:43
P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
5 AGENCY MEMBERS: Naggar, Pratt, Stone, Roberts,
Corrlerchero
ABSENT: 0 AGENCY MEMBER: None
Aisc present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of January 8, 2002;
1.2 Approve the minutes of January 22, 2002.
MOTION: Agency Member Naggar moved to approve Consent Calendar Items No. 1. The
motion was seconded by Agency Member Stone and voice vote reflected unanimous approval.
AGENCY BUSINESS
2 Consideration of Owner Participation Aqreement with Advanced Cardiovascular
Systems, Inc., a Subsidiary of the Guidant Corporation
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 02-02
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMFNT ENTITLED
OWNER PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND ADVANCED CARDIOVASCULAR SYSTEMS, INC.
Assistant City Manager O'Grady reviewed the staff report (of record).
R:\Minutes.rda\021202 I
Agency Member Naggar commended Chairman Comerchero, Agency Member Roberts, and
staff on their efforts associated with this project, noting that their involvement included months of
work.
Chairman Comerchero commented on the professionalism of Ms. Susan Norton, Vice President
of Customer and Site Services, and her Guidant Management Team.
MOTION: Agency Member Roberts moved to approve staff recommendation. The motion was
seconded by Agency Member Naggar and voice vote reflected unanimous approval.
On behalf of Guidant Corporation, Vice President of Customer and Site Services Norton
thanked the Redevelopment Agency/City Council for its approw~l of the economic incentives,
which were critical in assisting Guidant Senior Management Team in making its final decision as
to the location of the expansion project. In dosing, Ms. Norton extended her personal gratitude
to Chairman Comerchero, Agency Member Roberts, City Manager Nelson, Assistant City
Manager O'Grady, City Attorney Thorson, as we~l as her internal staff.
EXECUTIVE DIRECTOR'S REPORT
Executive Director Nelson as well thanked the Redevelopment .Agency for its decision with regard
to Guidant and extended his appreciation to Assistant City Manager O'Grady for his associated
efforts.
AGENCY MEMBERS'REPORTS
No comments.
ADJOURNMENT
At 7:54 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, February 26, 2002, in the City Council Chambers, 43200 Business Park Drive,
Temecula, California.
Jeff Comerchero, Chairman
ATTEST:
Susan W. Jones, CMC
City ClerldAgency Secretary
[SEAL]
R:\Minutes fda\021202 2
ITEM 2
APPROVAL
CITY A'FI'ORN EY
FINANCE OFFICEP~~
CITY MANAGER
TEMECULA CITY COUNCIL/TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
February 26, 2002
City Manager/Executive Director and City Council/Agency Members
John Meyer, Redevelopment Director ~%/ ~
Affirmed Housing Sixth Street Homeownership Project
RECOMMENDATION:
1. That the City Council adopt a resolution entitled:
RESOLUTION NO, 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AFFIRMED HOUSING PARTNERS--TEMECULA, LLC
(6TM STREET HOUSING PROJECT)
2. That the Redevelopment Agency Board adopt a resolution entitled:
RESOLUTION NO. RDA 02
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OFTEMECULAAPPROVlNG A DISPOSITION AND
DEVELOPMENTAGREEMENTBETVVEENTHEAGENCYAND
AFFIRMED HOUSING PARTNERS--TEMECULA, LLC (6TM
STREET HOUSING PROJECT)
3. That the Redevelopment Agency Board appropriates an additional $240,000 to this project
from the Low-Mod fund balance to replace the CDBG funding.
R:~--Iousing200 l~AffirmedDDAst affreport.doc
BACKGROUND:
Affordable Housing Goals
The Temecula Redevelopment Agency has been engaged in the development, rehabilitation
and preservation of affordable housing since 1995. The Agency's Affordable Housing goals
include:
· Increasing, improving and preserving the supply of affordable housing
· Upgrading the physical appearance of Project Area neighborhoods
· Establishing new standards for the private development within
neighborhoods
Project Area
Project Description
The City of Temecula Redevelopment Agency is proposing to partner with Affirmed Housing Group
("Affirmed Housing" or "Affirmed") to develop a home-ownership project within the Pujol
neighborhood. The project, generally located on the north side of Sixth Street, will consist of 14 new
single-family detached homes and 3 rehabilitated single-family homes (see attached site plan). The
total project site is approximately 96,000 square feet with lot si;;es ranging from 4,100 to nearly
8,000 sq. ft. The houses are arranged along Sixth Street, a new public cul-de-sac and a private
lane. The Agency currently owns two lots within this project area. One lot has a home on it and the
other lot has been cleared. The balance of the property is under option by the developer and will be
purchased directly by the developer.
The project includes four (4) floor plans, with the homes ranging between 1,220 sq. ft. and nearly
1,800 sq. ft. The smaller houses will have three bedrooms/two baths and the larger homes will
have four bedrooms/three baths. The remodels are generally th,~ same size, however, two of the
remodels are two bedrooms units. The homes have been designed to fit into the historical context
of the Pujol neighborhood with both Spanish Colonial and California Bungalow styling. All the homes
will have front yard landscaping and backyard fencing.
Agency Involvement
The proposed project represents the first single-family development in the Project Area since the
City incorporated. Unlike residential development within a planned community, this project offers no
economy of scale. The cost of acquisition, including relocation and demolition, make land costs
higher than normal. The relatively small scope of the project also makes material costs slightly
higher. Because of this, it is doubtful a merchant builder would undertake a similar project in the
Pujol neighborhood at this time.
Without the Agency's assistance, the project site would remain as it is today with older single-family
homes on larger lots. In the future, rising housing costs could motivate individual property owners to
add a second or third unit to their properties. Although ailowabl,.= under the Development Code,
these units would likely be rentals as opposed to owner occupied and in no way match the quality of
development proposed by this project.
Agency Assistance
Over the past several months, Agency Staff has been working with Affirmed Housing on determining
the amount of Agency assistance needed to develop this project. The amount of assistance is a
function of agreeing on the project's costs and the project's sales revenue. In order to assist thb
R:~-Iousing200 l~AfflrmedDDAstaffreport.doc
evaluation of these costs and revenues, Agency Staff contracts with Keyser Marston Associates Inc.
("KMA") as a third party analyst to assist in reviewing the developer's construction and sales
estimates.
Through this analysis, it has been determined that the project will need an average assistance of
just over $89,000 per unit. This will allow for an average sales price of $140,000 per unit. At this
price level, the units will be available to families earning 120% of Riverside median income. This
allows use of our housing set-aside dollars within the parameters of State Redevelopment Law.
Disposition and Development AgreementJProject Deal Poinf. s
In order to facilitate the proposed project, the Agency and Affirmed Housing will need to enter into a
Disposition and Development Agreement (DDA) to establish the terms and conditions surrounding
the construction and sales of project and the resale of the units.
The total amount of Agency assistance for the p~oject is $1.517 million ($89,000 times 17 homes).
The assistance will be provided as follows:
Agency Land Contribution
Additional Agency Contribution
$ 308,000
$1,209,000
$1,517,000
The following is a breakdown of the key deal points within the DDA:
Potential Cost Overruns - Affirmed will guarantee construction costs. This means if there
are construction overruns, Affirmed will absorb these costs and be solely responsible for
their payment.
2. Potential Project Cost Savings - Any savings on construction costs will be split 50/50
between the Agency and Affirmed.
Potential Project Sales Prices - The sales price for the seventeen homes would be based
on an estimated average of $95 per square foot. The houses would range in price from
$127,000 for a 1,220 sq. ft., 3bdr-2ba house to $159,000 for a 1,772 sq. ft., 4bdr-3.5ba
house.
Potential Project Sales Price Decreases/Increases - Affirmed will market the homes
during the construction period. Sales prices would be est~blished at a minimum sales price
as described in section 3 above. If the home has not been placed under contract within 60
days from the Certificate of Occupancy, Affirmed can reduce the selling price of the home
with any deficiencies split equally between Affirmed and the Agency. The Agency's First
Time Homebuyer Program will not be eligible for this project unless the units are still
available 60 days after certificate of occupancies are issued.
If the prices exceed those projected, the increase is shared 50/50 between the Agency and
Affirmed.
Development Fee - Affirmed Housing will receive a fixed Development Fee, drawn down
at a pre-designated schedule. Affirmed will receive a flat fee of $22,500/unit (times 17 units
is a total of $382,500).
6. Owner Occupants and Resale Covenants - A covenant will be placed on the unit
R:~Housing20Ol~AffirmedDDAstaffreport.doc
requiring the owner must occupy the unit. No renting of the unit will be allowed. A covenant
will be placed on the unit restricting the resale of the unit 1;o income eligible buyers based on
affordability requirements for a period of 45 years. Included in the DDA is an equity sharing
formula, which allows the unit to be sold to a non-qualifying household after 15 years with a
percentage of the equity coming back to the Agency.
Buyer Preferences-Temecula residents and workers will be given preference in
purchasing the homes.
CC&R'a - Because of the small number of units and lack of significant common area, there
will not be a homeowners associated formed for this project. There will, however, be
CC&R's established and the City will be named as a third party for enfomement purposes.
This will allow the City to better ensure on-going maintenance of the homes and yards.
Environmental: Staff has reviewed the project for compliance with the California
Environmental Quality Act. Based upon staff's review, the proposed project is eligible for a
Statutory Exemption pursuant to Section 21080.14 of the Public Resource Code based on the
following reasons:
· The proposed development project is consistent with the General Plan, Old Town
Temecula Specific Plan and Development Code.
· The proposed site is an infill site, which a portion of the site has been previously developed
for urban uses and the immediately contiguous properties have been developed as urban
uses.
· The site is approximately two acres, which does not exceed the five-acre requirement.
· The project site can be adequately served by all utilities.
· The project site has no value as a wildlife habitat.
· The project site is not included on any list of facilities and sites compiled pursuant to
Section 65962.5 of the Government Code.
· The project site is subject to an assessment prepared by a registered environmental
assessor.
· The proposed project does not involve any building, structure, site, area, or place that is
listed, or determined to be eligible for listing in the California Register of Historical
Resources.
FISCAL IMPACT: As outlined in the body of the report, the Agency's total contribution for the
project is $1,517,000. The donation of land is valued at $308,,300. In order to provide sufficient
funding for this project, the Council will be asked to appropria'~e $240,000 from fund balance to
replace the CDBG funding. This will increase the Sixth Street Project's budget from 1,102,000 to
1,342,000 within the current CIP Budget.
Attachment:
Proposed Site Plan/Elevation
Resolutions
Disposition and Development Agreement
Estimate of Reuse Value
Summary Report
R:~Housing20Ol~AffirmedDDAstaffreport.dcc
RESOLUTIONS
RESOLUTION NO. 02-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSTION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AFFIRMED HOUSING PARTNERS--TEMECULA, LLC.
(6TH STREET HOUSING PROJECT)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines and
declares that:
A. The Redevelopment Agency of the City ol= Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has
been authorized to transact bus[ness and exercise the powers of a redevelopment
agency pursuant to action of the City Council of the City of Temecula.
B. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in
accordance with the provisions of the CRL. On December 1,1989, the City of Temecula
was incorporated. The boundaries of the Project Area described in the Plan are entirely
within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the
City of Temecula adopted Ordinances Nos. 91-08, 91-11,91-14, and 91-15 establishing
the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the
Plan from the County to the City. Pursuant to Ordinance. Nos. 91-11 and 91-15, the City
of Temecula and the Redevelopment Agency of the City of Temecula assumed
jurisdiction over the Plan as of July 1,1991.
C. The Disposition and Development Agreement ("Agreement")
approved by this Resolution is intended to effectuate the Redevelopment Plan for the
Agency's Redevelopment Project Area No. 1988-1, as amended, by contributing certain
real property and providing financial assistance to be used by the Developer to develop
a home-ownership project within the Pujol neighborhood generally located on the north
side of Sixth Street, consisting of fourteen (14) new single-family detached homes and
three (3) rehabilitated single-family detached homes, for a total of seventeen (17)
homes, to be commonly known as the "Sixth Street Housing Project" (collectively the
"Project"), to be sold exclusively to persons and families of Iow or moderate income as
defined in Section 50093 of the California Health and Safety Code (i.e. to families
earning up to 120% of Riverside median income).
D. The Agreement is also intended to effectuate the objectives of the Agency
and the City of Temecula {the "City") in complying with their obligation to provide Iow and
moderate income housing pursuant to the Health and Safety Code of California and the
goals of the City's Housing Element to the Temecula General Plan. The Developer's
development of the Project and the fulfillment generally of this Agreement are in the best
Resos\Resos 2002\02- 1
interest of the City and the welfare of its residents, and in accordance with the public
purposes and provisions of applicable federal, state, and local laws and requirements.
E. Pursuant to the provisions of Health & Safety Code Sections 33430,
33431 and 33433, on February 26, 2002 the Agency duly noticed and held a joint public
hearing before the Board of Directors of the Redevelopment Agency of the City of
Temecula and the City Council of the City of Temecula concerning the approval of the
proposed Disposition and Development Agreement with Developer.
F. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Disposition and
Development Agreement. The report specifically contains the information required by
Section 33433 and has been prepared within the time limit set forth therein and made
available for public review from the date of the first publication of the notice of public
hearing.
G. The conveyance of the property as proposed by the Disposition and
Development Agreement is at less than fair market rental value based on the Agency's
real estate analysis. Therefore, the City Council concurs in the Agency Board' finding
that in accordance with the authority of Health & Safety Code Section 33433 that: (1)
the sales price is not less than the fair reuse value of the Site; and (2) said difference is
necessary to effectuate the provisions of the Plan and to allow development and housing
opportunities to come to the City and Project Area and ir~crease employment
opportunities within the City and the Project Area.
H. The development of the Project as required by the Agreement will assist
in the elimination of blight in the Project Area as identified in the proceedings establish-
ing the Project Area in that development of Project on the Site will: (1) Establish
development standards and the rehabilitation and improvement of obsolete,
deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular
parcels into a site appropriate for development; (3) encourage and provide for
development of vacant properties in accordance with the Plan and the Old Town Specific
Plan; and (4) preserve, improve, and expand housing opportunities for Iow and moderate
income residents.
I. The Agreement is consistent with the Reclevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area adopted by the
Agency.
J. The redevelopment of the Project site as provided in the Agreement and
is consistent with the City's General PLan and the Old Town Specific Plan.
K. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Disposition and
Development Agreement.
L. The Agency Board and City Council have duly considered all terms and
conditions of the proposed Agreement and believes that such agreement is in the best
interests of the Agency and City and the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of applicable State and local law
requirements.
Resos\Resos 2002\02- 2
M. This Agreement pertains to and affects the ability of all parties to finance
and carry out their statutory purposes and to accomplish the goals of the Plan and is
intended to be a contract within the meaning of Government Code Section 53511.
Section 2. The City Council of the City of Temecula hereby further finds, determines
and declares that:
A. Section 33334.2, et seq. of the CRL autherizes and directs the Agency to
expend a certain percentage of all taxes which are allocated to the Agency pursuant to
the CRL Section 33670 for the purposes of increasing, improving and preserving the
community's supply of housing available at affordable housing costs to persons and
families of Iow to moderate income, including lower income and very Iow income
households.
B. Pursuant to the CRL, the Agency has established a Low and Moderate
Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable
housing activities, the Agency is authorized to provide subsidies to or for the benefit of
very Iow and lower income households, or persons and families of Iow or moderate
income to the extent those households cannot obtain housing at affordable costs on the
open market.
D. Developer proposes, with the assistance of the Agency, to develop the
Project and upon completion to make available for the longest feasible period of time all
of the housing units in the Project at affordable rents to Iow to moderate income
households.
E. Pursuant to Sections 33132, 33133, and ,'33600 of the CRL, the Agency
may accept financial or other assistance from any public or private source, for the
Agency's activities, powers, and duties, and expend any funds so received for any of the
purposes of the CRL.
F. The expenditures from the Housing Fund as contemplated by the
Agreement approved by this Resolution will directly and specifically increase, improve,
and preserve the community's supply of Iow and modera.te income housing within the
meaning of Health and Safety Code Section 33334.2 and will be of benefit to the Project
Area by providing new housing which restricted so as to be affordable for occupancy by
very Iow income, lower income and median income households.
G. The California Legislature declares in Health and Safety Code Section
37000, et seq., that new forms of cooperation with the private sector, such as leased
housing, disposition of real property acquired through redevelopment, development
approvals, and other forms of housing assistance may involve close participation with
the private sector in meeting housing needs, without amounting to development,
construction or acquisition of Iow rent housing projects as contemplated under Article
XXXIV of the State Constitution and that the Agreement approved hereby is not subject
to the provisions of said Article XXXIV.
Resos\Resos 2002\02- 3
Section 3. The City Council concurs in the finding that the lien of the covenants
required pursuant to the Agreement may be subordinated to financing for the Project because
an economically feasible alternative method of financing the Project on substantially comparable
terms and conditions, but without subordination, is not reasonably available.
Section 4. While the Agency determines that particil:,ation in the feasibility analysis,
financing, and development of the Project does not constitute development, construction or
acquisition of a Iow-rent housing project within the meaning of Article XXXIV of the State
Constitution, this Resolution is hereby deemed to constitute approval within the meaning of
Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance
benefiting persons of Iow income.
Section 5. The approval of this Agreement by the Agency constitutes an action by
the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing
units to assure they are affordable to persons of Iow and moderate income. Therefore, the
Project is exempt from the provisions of the California Environmental Quality Act pursuant to
Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations).
Additionally, the Project is: (1) consistent with the applicable General Plan designation and all
applicable General Plan Policies as well as with applicable zoning designation and regulations;
(2) the Project occurs with in the city limits of the City of Temecula on a project site of less than
five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat
for endangered, rare, or threatened species; (4) approval of the Project would not result in any
significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is and "in-
fill project" and is exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of
Regulations). The Executive Director of the Agency is directed to file a Notice of Exemption of
this action as required by CEQA and the CEQA Guidelines.
Section 6. The City Council of the City of Temecula hereby consents to the Agency
approval that certain agreement entitled "Disposition and Development Agreement by and
Between Temecula Redevelopment Agency and Affirmed Housing Partners - Temecula, LLC"
with such changes in each document as may be mutually agreed upon by the Developer and
the Agency Executive Director as are in substantial conformance with the form of such
Agreement which on file in the Office of the Agency Secretary.
Section 8. The City Clerk shall certify the adoption of this Resolution.
Resos\Resos 2002\02- 4
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this
26th day of February, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution
No. 02- was duly and regularly adopted by the City Council at a regular meeting of the City
Council on the 26th day of February, 2002, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
Resos\Resos 2002\02- 5
RESOLUTION NO. RDA 02-___
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
AFFIRMED HOUSING PARTNERS--TEMECULA, LLC (6TH
STREET HOUSING PROJECT)
THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby finds, determines and declares that:
A. The Redevelopment Agency of the City of Temecula ("Agency") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has
been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City Council of the City of Temecula.
B. On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for
Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in
accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula
was incorporated. The boundaries of the Project Area described in the Plan are entirely
within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the
City of Temecula adopted Ordinances Nos. 91-08, 91-11,91-14, and 91-15 establishing
the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the
Plan from the County to the City. Pursuant to OrdinancE, Nos. 91-11 and 91-15, the City
of Temecula and the Redevelopment Agency of the City of Temecula assumed
jurisdiction over the Plan as of July 1, 1991.
C. The Disposition and Development Agreernent ("Agreement") approved by
this Resolution is intended to effectuate the Redeveloprnent Plan for the Agency's
Redevelopment Project Area No. 1988-1, as amended, by contributing certain real
property and providing financial assistance to be used by the Developer to develop a
home-ownership project within the Pujol neighborhood generally located on the north
side of Sixth Street, consisting of fourteen (14) new single-family detached homes and
three (3) rehabilitated single-family detached homes, for a total of seventeen (17)
homes, to be commonly known as the "Sixth Street Housing Project" (collectively the
"Project"), to be sold exclusively to persons and families of Iow or moderate income as
defined in Section 50093 of the California Health and Safety Code (i.e. to families
earning up to 120% of Riverside median income).
D. The Agreement is also intended to effectuate the objectives of the
Agency and the City of Temecula (the "City") in complying with their obligation to provide
Iow and moderate income housing pursuant to the Health and Safety Code of California
and the goals of the City's Housing Element to the Temecula General Plan. The
Developer's development of the Project and the fulfillment generally of this Agreement
are in the best interest of the City and the welfare of its residents, and in accordance
Resos.rda\Resos 2002\02- 1
with the public purposes and provisions of applicable federal, state, and local laws and
requirements.
E. Pursuant to the provisions of Health & Safety Code Sections 33430,
33431 and 33433, on February 26, 2002 the Agency duly noticed and held a joint public
hearing before the Board of Directors of the Redeveloprnent Agency of the City of
Temecula and the City Council of the City of Temecula concerning the approval of the
proposed Disposition and Development Agreement with Developer.
F. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Disposition and
Development Agreement. The report specifically contains the information required by
Section 33433 and has been prepared within the time limit set forth therein and made
available for public review from the date of the first publication of the notice of public
hearing.
G. The conveyance of the property as proposed by the Disposition and
Development Agreement is at less than fair market rental value based on the Agency's
real estate analysis. Therefore, the Agency Board specifically finds in accordance with
the authority of Health & Safety Code Section 33433 that: (1) the sales price is not less
than the fair reuse value of the Site; and (2) said difference is necessary to effectuate
the provisions of the Plan and to allow development and housing opportunities to come
to the City and Project Area and increase employment opportunities within the City and
the Project Area.
H. The development of the Project as required by the Agreement will assist
in the elimination of blight in the Project Area as identified in the proceedings establish-
ing the Project Area in that development of Project on the Site will: (1) Establish
development standards and the rehabilitation and improvement of obsolete,
deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular
parcels into a site appropriate for development; (3) encourage and provide for
development of vacant properties in accordance with the Plan and the Old Town Specific
Plan; and (4) preserve, improve, and expand housing opportunities for Iow and moderate
income residents.
I. The Agreement is consistent with the Redevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area adopted by the
Agency.
J. The redevelopment of the Project site as provided in the Agreement and
is consistent with the City's General Plan and the Old Town Specific Plan.
K. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Disposition and
Development Agreement.
b The Agency Board has duly considered all terms and conditions of the
proposed Agreement and believes that such agreement is in the best interests of the
Agency and City and the health, safety, and welfare of its residents, and in accord with
the public purposes and provisions of applicable State a;qd local law requirements.
Resos.rda\Resos 2002\02- 2
M. This Agreement pertains to and affects th,,= ability of all parties to finance
and carry out their statutory purposes and to accomplish the goals of the Plan and is
intended to be a contract within the meaning of Governrr~ent Code Section 53511.
Section 2. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby further finds, determines and declares that:
A. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to
expend a certain percentage of all taxes which are allocated to the Agency pursuant to
the CRL Section 33670 for the purposes of increasing, irnproving and preserving the
community's supply of housing available at affordable housing costs to persons and
families of Iow to moderate income, including lower income and very low income
households.
B. Pursuant to the CRL, the Agency has established a Low and Moderate
Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable
housing activities, the Agency is authorized to provide subsidies to or for the benefit of
very Iow and lower income households, or persons and families of Iow or moderate
income to the extent those households cannot obtain housing at affordable costs on the
open market.
D. Developer proposes, with the assistance of the Agency, to develop the
Project and upon completion to make available for the longest feasible period of time all
of the housing units in the Project at affordable rents to Iow to moderate income
households.
E. Pursuant to Sections 33132, 33133, and ,'33600 of the CRL, the Agency
may accept financial or other assistance from any public or private source, for the
Agency's activities, powers, and duties, and expend any funds so received for any of the
purposes of the CRL.
F. The expenditures from the Housing Fund as contemplated by the
Agreement approved by this Resolution will directly and specifically increase, improve,
and preserve the community's supply of Iow and moderate income housing within the
meaning of Health and Safety Code Section 33334.2 ancl will be of benefit to the Project
Area by providing new housing which restricted so as to be affordable for occupancy by
very Iow income, lower income and median income households.
G. The California Legislature declares in Health and Safety Code Section
37000, et seq., that new forms of cooperation with the private sector, such as leased
housing, disposition of real property acquired through re,:Jevelopment, development
approvals, and other forms of housing assistance may involve close participation with
the private sector in meeting housing needs, without amounting to development,
construction or acquisition of Iow rent housing projects as contemplated under Article
XXXIV of the State Constitution and that the Agreement approved hereby is not subject
to the provisions of said Article XXXIV.
Resos.rda\Resos 2002\02- 3
Section 3. The Agency hereby finds and determines that the lien of the covenants
required pursuant to the Agreement may be subordinated to financing for the Project because
an economically feasible alternative method of financing the Prciect on substantially comparable
terms and conditions, but without subordination, is not reasonab, ly available.
Section 4. While the Agency determines that participation in the feasibility analysis,
financing, and development of the Project does not constitute development, construction or
acquisition of a Iow-rent housing project within the meaning of Article XXXIV of the State
Constitution, this Resolution is hereby deemed to constitute approval within the meaning of
Health and Safety Code Section 37001.5 of a proposal which m~y result in housing assistance
benefiting persons of Iow income.
Section 5. The approval of this Agreement by the Agency constitutes an action by
the Agency to implement an adopted Housing Assistance Plan by acquiring interests in housing
units to assure they are affordable to persons of Iow and moderate income. Therefore, the
Project is exempt from the provisions of the California Environmental Quality Act pursuant to
Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations).
Additionally, the Project is: (1) consistent with the applicable General Plan designation and all
applicable General Plan Policies as well as with applicable zoning designation and regulations;
(2) the Project occurs with in the city limits of the City of Temecula on a project site of less than
five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat
for endangered, rare, or threatened species; (4) approval of the Project would not result in any
significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is and "in-
fill project" and is exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of
Regulations). The Executive Director of the Agency is directed to file a Notice of Exemption of
this action as required by CEQA and the CEQA Guidelines.
Section 6. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby approves that certain agreement entitled "Disposition and Development
Agreement by and Between Temecula Redevelopment Agency and Affirmed Housing Partners
- Temecula, LLC" with such changes in each document as may be mutually agreed upon by the
Developer and the Agency Executive Director as are in substamial conformance with the form of
such Agreement which on file in the Office of the Agency Secretary. The Chairperson of the
Agency is hereby authorized to execute the Agreement, includir, g related exhibits and
attachments on behalf of the Agency. A copy of the final Agreement when executed by the
Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency.
Section 7. The Executive Director of the Agency (or his designee), is hereby
authorized, on behalf of the Agency, to take all actions necessa~'y and appropriate to carry out
and implement the Agreement and to administer the Agency's obligations, responsibilities and
duties to be performed under the Agreement and related documents, including but not limited to
the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions,
certificates of completion and such other implementing agreements and documents as
contemplated or described in the Agreement.
Section 8. The Secretary of the Agency shall certify the adoption of this Resolution.
Resos.rda\Resos 2002\02- 4
PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel-
opment Agency of the City of Temecula at a regular meeting held on the 26th day of February
2002.
A'i-I'EST:
Jeff Comerchero, Chairperson
Susan W. Jones, CMC
City Clerk/Authority Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula,
do hereby certify that Resolution No. RDA 02- was duly and regularly adopted by the Board
of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof,
held on the 26th day of February, 2002, by the following vote:
AYES:
BOARDMEMBERS:
NOES:
BOARDMEMBERS:
ABSENT:
BOARDMEMBERS:
ABSTAIN:
BOARDMEMBERS:
Susan W. Jones, CMC
City Clerk/Agency Secretary
Resos.rda\Resos 2002\02- 5
SITE PLAN
ELEVATION PLAN
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DISPOSITION AND DEVELOPMENT
AGREEMENT
DISPOSITION AND DEVELOPMENT AGREEMENT
By and Between
TEMECULA REDEVELOPMENT AGENCY
("Agency"),
and
AFFIRMED HOUSING PARTNERS - TEMECULA, LLC
("Developer")
SIXTH STREET PROJECT
R:~Housing200 BAffirmedHsgnDDAwit I .DOC
TABLE OF CONTENTS
Page
ARTICLE 1. SUBJECT OF AGREEMENT .............................................................................................. 1
1.1 Purpose of Agreement ............................................................................................ 1
1.2 The Site .................................................................................................................. 1
1.3 The Units ................................................................................................................ 1
1.4 Parties to the Agreement ........................................................................................ 1
1.4.1 The Agency ................................................................................................ 1
1.4.2 The Developer ............................................................................................ 2
ARTICLE 2. AGENCY ASSISTANCE ...................................................................................................... 2
2.1 Agency Assistance ................................................................................................. 2
2.1.1 Pre-development Costs .............................................................................. 2
2.1.2 Promissory Note and Deed of Trust ........................................................... 2
2.2 Funding of Agency Assistance and Disbursement of Agency
Assistance Proceeds ............................................................................................... 3
2.3 Conditions to Disbursement of Proceeds of the Agency Assistance ..................... 3
2.4 Title Insurance ........................................................................................................ 5
2.5 Terms and Conditions of the Promissory Note ....................................................... 5
2.6 Repayment of Agency Assistance .......................................................................... 5
2.6.1 Unit Sale Payments .................................................................................... 5
2.6.2 Threshold Sales Prices for Units ................................................................ 5
2.6.3 Limitation on Payments ............................................................................. 6
2.7 Non-Recourse Provision ........................................................................................ 6
ARTICLE 3. ACQUISITION AND DEVELOPMENT OF THE SITE ..................................................... 6
3.1 Acquisition and Development of the Site by Developer ........................................ 6
3.1.1 Acquisition of the Agency Property ........................................................... 6
3.1.2 Acquisition of Remainder of Site .............................................................. 7
3.1.3 Scope of Development ............................................................................... 7
3.1.4 Landscaping and Finish Grading Plans; ...................................................... 7
3.1.5 Construction Drawings and Related Documents ....................................... 8
3.1.6 Coordination Between Agency and Developer ..........................................
3.1.7 Agency Approval of Plans, Drawings and Related Documents ................. 8
3.2 Changes to Plans .................................................................................................... 9
3.3 Construction Contract and Bond ............................................................................ 9
3.4 Preliminary Notices .............................................................................................. 10
3.5 Stop Notices ......................................................................................................... 10
3.6 Limitation on Improvements and Work ................................................................ 10
3.7 Compliance with Project Development Schedule ................................................ 10
3.8 City and Other Governmental Agency Permits .................................................... 10
3.9 Right of Entry ........................................................................................................ 11
3.10 Construction Responsibilities ............................................................................... 12
3.11 Local, State and Federal Laws ............................................................................. 12
3.12 Nondiscrimination During Construction ............................................................... 12
11087100161681299.5
3.13 Taxes and Assessments ........................................................................................ 12
3.14 Notice of Default to Mortgage, Deed of Trust or Other Security
Interest Holder; Right to Cure .............................................................................. 12
3.15 Right of Agency to Cure Default under Mortgage, Deed of Trust,
Other Security Interest or Other Conveyance tbr Financing ................................ 13
3.16 Mechanics' Liens ................................................................................................. 13
3.17 Certificate of Completion .................................................................................... 13
3.18 Cost Overruns ...................................................................................................... 13
3.19 Sharing of Cost Savings ....................................................................................... 13
3.20 Governmental Approvals ..................................................................................... 14
3.21 Cost Certification/Agency Audit ......................................................................... 14
ARTICLE 4.
DISBURSEMENT PROCEDURE ..................................................................................... 16
4.1
4.2
4.3
4.4
4.5
Development Fee ................................................................................................. 16
Monthly Disbursements for Construction Costs .................................................. 16
Persons Authorized to Receive Disbursements ................................................... 16
Conditions Precedent to Agency's Obligation to Disburse Funds ....................... 17
Remaining Balance of Agency Assistance ........................................................... 17
ARTICLE 5.
USE AND SALE OF THE SITE ........................................................................................ 18
5.1 Uses ...................................................................................................................... 18
5.2 Sale Restrictions ................................................................................................... 18
5.2.1 Units Restricted to Persons and Families of Low or Moderate Income... 18
5.2.2 Definitions ................................................................................................ 18
5.2.3 Successor Owners .................................................................................... 19
5.3 Rights of Agency .................................................................................................. 19
5.4 Obligation to Refrain from Discrimination .......................................................... 19
5.5 Form of Nondiscrimination and Non-segregation Clauses .................................. 20
5.6 Effect and Duration of Covenants ........................................................................ 20
5.7 Agency Approval of Covenants, Conditions and Restrictions ............................. 21
ARTICLE 6. INSURANCE AND INDEMNITY ...................................................................................... 21
6.1 Insurance .............................................................................................................. 21
6.1.1 Liability Insurance ...................................................................................... 21
6.1.2 Worker's Compensation Insurance .......................................................... 21
6.1.3 Fire and Extended Coverage Insurance ...................................................... 21
6.1.4 Automobile Liability .................................................................................. 22
6.2 Insurance Generally .............................................................................................. 22
6.3 Insurance Policies ................................................................................................ 22
6.4 Indemnity - General ............................................................................................. 23
6.5 Indemnity - Environmental .................................................................................. 23
ARTICLE 7.
ASSIGNMENT, TRANSFER AND SALE ........................................................................ 24
7.1 In General ............................................................................................................. 24
7.2 Consent ................................................................................................................ 24
7.3 Assumption of Obligations .................................................................................. 25
11087\0016\681299.5
ARTICLE 8.
ARTICLE 9.
7.4 Transfer of Units .................................................................................................. 25
DEFAULTS, REMEDIES AND TERMINATION ............................................................ 25
8.1 Events of Default ................................................................................................. 25
8.2 Remedies Upon Default ....................................................................................... 26
8.3 Non-Waiver of Rights or Remedies ..................................................................... 27
8.4 Legal Actions ....................................................................................................... 27
8.4.1 Applicable Law ........................................................................................ 27
8.4.2 Service of Process .................................................................................... 27
8.5 Rights and Remedies are Cumulative .................................................................. 27
GENERAL PROVISIONS .................................................................................................. 27
9.1 Notices, Demands and Communications Bemreen the Parties ............................ 27
9.2 Warranty Against Payment of Consideration fbr Agreement .............................. 27
9.3 Nonliability of Agency Officials and Employees ................................................ 28
9.4 Litigation .............................................................................................................. 28
9.5 Fome Majeure; Extension of Times of Performance ........................................... 28
9.6 Inspection of Books and Records ......................................................................... 28
9.7 Approvals by the Agency and Developer ............................................................. 28
9.8 Brokerage Commissions ...................................................................................... 28
9.9 Approvals in Writing ........................................................................................... 28
9.10 Entire Agreement ................................................................................................. 29
9.11 Disbursements in Excess of Maximum Amount of Agency Assistance .............. 29
9.12 Time for Acceptance ............................................................................................ 29
9.13 No Waiver; Remedies Cumulative ...................................................................... 29
9.14 No Third Party Beneficiaries ............................................................................... 29
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
EXHIBITS
Page
Legal Description ........................................................................................................... A-1
Site Map ........................................................................................................................... B-1
Form of Promissory Note ................................................................................................ C- 1
Form of Deed of Trust .................................................................................................... D-1
Form of Regulatory Agreement ...................................................................................... E-1
Table for Threshold Sales Prices for Units ...................................................................... F-1
Project Development Schedule ....................................................................................... G-I
Scope of Development .................................................................................................... H-I
Table for Maximum Allowable Sales Prices for Units ..................................................... I-1
Equity Sharing Formula for Sale of Units ......................................................................... J-I
Form of Restrictive Covenant ....................................................................................... K-1
11087\0016\681299.5
-iv-
DISPOSITION AND DEVELOPMENT AGREEMENT
THIS DISPOSITION AND DEVELOPMENT AGREEMENT (this "Agreement") is entered into as
of February 26, 2002, by and between the TEMECULA REDEVELOPMENT AGENCY, a public body,
corporate and politic (the "Agency"), and AFFIRMED HOUSING PARTNERS - TEMECULA, LLC, a
Califomia limited liability company (the "Developer"). Agency and Developer agree as follows:
ARTICLE 1. SUBJECT OF AGREEMENT
1.1 Purpose of Agreement. This Agreement is intended to effectuate the Redevelopment Plan for
the Agency's Redevelopment Project AreaNo. 1988-1, as amended, by contributing certain real property and
providing financial assistance to be used by the Developer to develop a home-ownership project within the
Pujol neighborhood generally located on the north side of Sixth Sm:et, consisting of fourteen (14) new
single-family detached homes and three (3) rehabilitated single-family detached homes, for a total of
seventeen (17) homes, to be commonly known as the "Sixth Street Housing Project" (collectively the
"Project"), to be sold exclusively to persons and families of low or moderate income as defined in Section
50093 of the California Health and Safety Code (i.e. to families earning up to 120% of Riverside median
income). This Agreement is also intended m effectuate the objectives of the Agency and the City of
Temecula (the "City") in complying with their obligation to provide low and moderate income housing
pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the
Temecula General Plan. The Developer's development of the Project on the Site (as defined below) and the
fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and
in accordance with the public purposes and provisions of applicable federal, state, and local laws and
requirements.
1.2 The Site. The site consists of that certain real property generally located on the north side of
Sixth Street in the City of Temecula, County of Riverside, State of California, and a legal description of the
parcels which comprise the Site is attached hereto and incorporated herein by reference as Exhibit A (the
"Site"). The Site is shown on the "Site Map" which is attached hereto and incorporated herein by reference
as Exhibit B. The total Site is approximately 96,000 square feet, with lot sizes ranging from 4,100 square
feet to approximately 8,000 square feet. The Agency owns fee simple title to two lots within the Site, one of
which has a home situated thereon, identified in Exhibit B as the "Agency Property." As of the date hereof,
the Developer is in escrow to purchase the remainder of the Site.
1.3 The Units. The "Units" shall consist of newly constructed or rehabilitated single-family
detached homes, ranging between approximately 1,220 to 1,800 square feet.
1.4 Parties to the A~reement.
1.4.1 The Agency. The Agency is a public body, corporate and politic, exercising
governmental functions and powers and organized and existing under the Community Redevelopment Law
of the State of California (being Section 33000 et. seq. of the Health and Safety Code of the State of
11087\0016\681299.5
California). The principal office of the Agency for purposes of this Agreement is TEMECULA
REDEVELOPMENT AGENCY, Post Office Box 9033, 43200 Business Park Drive, Temecula, California
92589-9033; Telephone: (909) 694-6444; Fax: (909) 694-1999. "Agency," as used in this Agreement,
includes the Temecula Redevelopment Agency, and any assignee of or successor to its rights, powers and
responsibilities.
1.4.2 The Develol~er. The Developer is Affirmed }lousing Partners - Temecula, LLC, a
Califomia limited liability company. The principal office of the Developer for purposes of this Agreement is
200 East Washington, Suite 208, Escondido, California 92025; Telephone: (760) 738-8401; Fax: (760) 738-
8405, or such other address as the Developer may designate from time to time. "Developer," as used in this
Agreement, includes any assignee of or successor to its rights, powers and responsibilities.
ARTICLE 2. AGENCY ASSISTANCE
2.1 A~encv Assistance. The Agency agrees to contribute., to the Developer the total mount of
approximately One Million Five Hundred Seventeen Thousand Dollars ($1,517,000.00) for the purpose of
reimbursing Developer for certain costs and expenses incurred in connection with the acquisition of the Site
and the construction of the Project (the "Agency Assistance"), consisting of the following: (a) contribution
of the Agency Property which was purchased by the Agency at a cost of Three Hundred Eight Thousand
Dollars ($308,000.00); and (b) a contribution of One Million Two Hundred Nine Thousand Dollars
($1,209,000.00). The proceeds of the Agency Assistance may be 'used for reimbursement of costs and
expenses of acquisition of the Site, construction of the improvements described herein (the "Improvements")
upon the Site, and other costs and expenses related to the development of the Project, and for no other
purpose. The total amount of the Agency Assistance shall never exceed the amount of One Million Five
Hundred Seventeen Thousand Dollars ($1,517,000.00), and the Developer agrees that it shall not request any
further subsidies from the Agency.
2.1.1 Pre-develovment Costs. In order to help defray the pre-development costs and
expenses to be incurred by the Developer with respect to the Project, up to seventy-eight percent (78%) of
the Agency Assistance shall be available to the Developer concurrently with the close of escrow for the
entire Site, in the form of a pre-development loan of approximately One Million One Hundred Ninety
Thousand One Hundred Fourteen Dollars ($1,190,114.00), in the: following estimated amounts: (a)
contribution of the Agency Property with a value of $308,000.00; (b) Six Hundred Eighteen Thousand Eight
Hundred Sixty-Four Dollars ($618,864.00) for land acquisition costs of the privately owned property; (c)
Two Hundred Eight Thousand Dollars ($208,000.00) for reimbursement of architectural and engineering
fees, subject to presentation of third party invoices therefore; (d) Seventeen Thousand Dollars ($17,000.00)
for reimbursement of legal and accounting fees, subject to presentatiun of third party invoices therefore; and
(e) Thirty-Eight Thousand Two Hundred Fifty Dollars ($38,250.00), as ten percent (10%) of the
Development Fee (defined in Section 4.1 hereof).
2.1.2 Promissory Note and Deed of Trust. The Agency Assistance shall be evidenced by a
forgivable promissory note (the "Promissory Note") in form and in substance acceptable to the Agency and
substantially in the form of Exhibit C attached hereto and incorporated by reference herein, and which
Promissory Note shall be secured by a deed of trust (the "Deed of Trust") in form and in substance
acceptable to the Agency and substantially in the form of Exhibit D attached hereto and incorporated by
11087100161681299.5
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reference herein, which shall constitute a second trust deed and shall secure the Agency's lien as being in a
second position superior to all other liens, deeds of trust, mortgages or other encumbrances outstanding
against the Site other than the lien in favor of the third party construction lender for the Project, the amount
of which lien shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00). In addition,
the Developer shall collaterally assign all plans and specifications for the development of the Project and the
Construction Contract (as defined in Section 3.3.1 hereof) to the Agency. Moreover, the Developer's
obligations concerning the use of the Project shall be set forth in a Regulatory Agreement, the form of which
is attached hereto as Exhibit E and is incorporated by reference herein.
2.2 Fundinff of Agency Assistance and Disbursement of Affencv Assistance Proceeds. The
Agency shall disburse the proceeds from the Agency Assistance to '~he Developer in accordance with the
terms and conditions of Article 4 hereof.
2.3 Conditions to Disbursement of Proceeds of the Agency Assistance.
2.3.1 The Agency shall advance, subject to and in accordance with all applicable provisions
of this Agreement, the remaining funds of the Agency Assistance into the construction loan account with
Bank of America for the purposes of construction of the Improvements upon the Site, only upon satisfaction
of the conditions precedent set forth below. The conditions precedent are as follows:
1. the Developer shall have executed and delivered to the Agency the Promissory
Note, the Deed of Trust, and the Regulatory Agreement;
2. the Deed of Trust and the Regulatory Agreement shall have been recorded in
the Official Records of Riverside County;
3. the Agency shall have received and approved a current ALTA survey of the
Site reasonably satisfactory to the Agency, which survey shall be certified to the title company and to the
Agency;
4. the Developer shall have delivered to the Agency an "LP- 10" ALTA Lender's
Extended Coverage Policy of Title Insurance satisfactory to the Agency, in the Agency's reasonable
discretion, with such endorsements as the Agency shall reasonably request, with coverage equal to the
principal amount of the Agency Assistance, insuring the Agency that the Deed of Trust and the Regulatory
Agreement are liens and charges against the Site free and clear of all liens, encumbrances, covenants,
conditions, restrictions and other exceptions of record excepting only those exceptions approved by the
Agency in writing in the Agency's reasonable discretion. The title policy shall be issued by a title company
reasonably satisfactory to the Agency and contain such terms as the Agency and its counsel deem acceptable
in their reasonable discretion;
5. the Developer shall have submitted to the Agency, and the Agency shall have
approved (which approval shall not unreasonably be withheld), final plans and specifications for the
development of the Project, and a detailed Construction Budget and a Schedule of Values/Cost Breakdown
(the "Budget") reasonably acceptable to the Agency, and a construction schedule in forms satisfactory to the
Agency, showing estimated dates of the initiation and completion of each major phase of the construction of
the Project;
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6. the Developer shall have provided to the Agency certificates of insurance (or
copies of the insurance policies) as set forth in Section 7.1 hereof;
7. the Developer shall not otherwise have committed an Event of Default (as
defined in Section 9.1 hereof) of its obligations hereunder to the Agency and there shall exist no event,
omission or failure of condition which would constitute an Event of Default after notice;
8. the Agency shall have received a current Phase I environmental site
assessment report on the Site made by an independent environmental consultant and obtained by the
Developer at its sole cost indicating that the Site is in compliance with all federal, state, and local
environmental laws, rules and regulations and otherwise in form, scope and substance reasonably
satisfactory to the Agency;
9. the Agency shall have received evidence reasonably satisfactory to the Agency
that the present and contemplated use of the Site is in compliance with all zoning and other laws, rules,
regulations, ordinances and restrictions affecting the Site, and is not a non-conforming use;
10. the Agency shall have received evidence reasonably satisfactory to the Agency
that all water, sewer, electricity, telephone and gas services are available or shall be available to the Site at
levels and locations sufficient for the contemplated operation of the Project;
11. the Agency shall have received financial statements, supporting schedules and
such other unaudited and audited financial data as the Agency may reasonably require with respect to the
Site and the financial condition of the Developer, in form and content reasonably satisfactory to the Agency;
12. the Agency shall have received an affidavit of the Developer stating that there
is no litigation pending or, to the best of the Developer's knowledge, threatened against the Developer which
would materially interfere with or adversely affect the financial condition of the Developer; and
13. the Developer shall have delivered to the Agency such other documents and
instruments as the Agency shall reasonably require.
2.3.2 The Agency shall advance, subject to and in accordance with all applicable provisions
of this Agreement, such portion(s) of the proceeds of the Agency Assistance to the Developer for which the
Developer provides receipts, invoices, or other proof satisfactory to the Agency showing that such sum has
been expended by the Developer for the purpose of construction of the Improvements on the Site, only upon
satisfaction of the following conditions precedent:
1. the Developer shall have obtained all building permits and other entitlements
required in order for the Developer to construct the Project;
2. the Developer shall have delivered to the Agency a fully executed copy of the
Construction Contract for the Project and the bond described in Section 3.3 hereof;
3. the Agency shall have received evidence reasonably satisfactory to the Agency
that the present and contemplated use of the Site is in compliance with all zoning and other laws, rules,
regulations, ordinances and restrictions affecting the Site, and is not a non-conforming use, and that the
11087\0016\681299.5
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Developer possesses all necessary approvals, permits and licenses for the commencement of construction of
the Project;
4. the Developer shall have executed covenants, conditions and restrictions
concerning the use of the Project, as described in Section 5.7 hereof.:;
5. the Developer shall have delivered to the Agency a fully executed original
Assignment of Building Contracts and Plans and Specifications, and Consents from the Contractor and any
architect, and in form reasonably satisfactory to the Agency; and
6. the Developer shall have delivered to the Agency such other documents and
instruments as the Agency shall reasonably require.
This Agreement, together with the Promissory Note, the Deed of Trust, the Regulatory Agreement, and any
other documents executed pursuant to this Agreement, are collectively referred to herein as the "Agency
Documents."
2.4 Title Insurance. As a condition precedent to the Agency's delivery of any Agency Assistance
funds, the Developer shall deliver to the Agency for the Loan an LP-10 ALTA Lender's Policy of Title
Insurance Form B-1970, if available (and if unavailable, then form B-1987), or a commitment for same,
together with such endorsements as shall be required by the Agency, from a title company acceptable to the
Agency, insuring the priority of the Deed of Trust and, as applicable, the Regulatory Agreement, as being
free and clear of all liens and encumbrances other than (i) current real property taxes and assessments which
are not yet due and payable, and customary exceptions for supplemental taxes, and (ii) such other exceptions
as are approved by the Agency in writing. Moreover, prior to delivery of any Agency Assistance funds, all
real property taxes shall be current and there shall not be any delinquency in payment of real property taxes.
2.5 Terms and Conditions of the Promissory Note. No payments of principal or interest shall be
payable under the Promissory Note, except as provided in Section 2.6 below. If there is an Event of Default
by the Developer (as defined in Section 8.1 hereof), or if due to no fault of the Agency the City's Director of
Building and Safety does not issue a full release of all utilities within eighteen (18) months from the issuance
of building permits for the Project, then notwithstanding the foregoing or anything to the contrary contained
herein, all sums outstanding under the Promissory Note shall become immediately due and payable at the
option of the Agency. The non-recourse provisions described in Section 2.7 hereof shall apply to the
Promissory Note.
2.6 Repayment of A~encv Assistance.
2.6.1 Unit Sale Payments. In the event of any sale of a residential, detached single-family
home that is part of the Project to persons and families of low or moderate income as defined in Section
50093 of the California Health and Safety Code as authorized herein (each, a "Unit Sale"), for a price in
excess of the sales prices projected as stated in Section 2.6.2 below, the Developer shall pay to the Agency
an amount equal to fifty percent (50%) of such excess amount.
2.6:2 Threshold Sales Prices for Units. The projected sales price for each of the Units of the
Project, above which amount any proceeds received shall be split equally between the Agency and Developer
(the "Threshold Sales Price"), shall be as set forth in the table attached hereto as Exhibit F and incorporated
11087\0016\681299.5
herein by this reference.
2.6:3 Limitation on Payments. Notwithstanding anything to the contrary contained herein,
the Developer shall not be required to make any payments under the ?romissory Note to the extent that (a)
no Unit Sales occur which require payment to the Agency as set forth in Section 2.6.1 above, and (b) the
Developer is not in default hereunder or under the Promissory Note, Deed of Trust or Regulatory Agreement.
2.7 Non-Recourse Provision.
2.7.1 Except as provided in Subsection 2.7.2 hereof to the contrary, upon the issuance of the
full release of all utilities by the City's Director of Building and Safety for the Project, the Agency shall not
be entitled to obtain a personal or deficiency judgment for nonpayment of the total amount of the Agency
Assistance for the Project, which amount is secured by the Deed of Trust.
2.7.2 Nothing in this provision shall prejudice the right of the Agency as against the
Developer or against any other entity under any policy of insurance or other agreement which the Developer
or such other entity may have given the Agency that does not create personal liability on the part of the
Developer for payment under the Promissory Note. Moreover, notwithstanding Subsection 2.7.1, above, the
Developer shall be fully liable to the Agency, and the Agency shall be entitled to obtain a personal or
deficiency judgment in the amount of all loss and damage suffered by the Agency (including but not limited
to attorneys' fees and costs), as a result of (i) the Developer's intentional fraud or intentional
misrepresentation of the Developer to the Agency, (ii) misapplication or wrongful retention of sales proceeds
or casualty insurance or condemnation proceeds attributable to the Site, (iii) the Developer's removal of
personal property or fixtures from the Site in violation of the provisions of the Deed of Trust, (iv) the
cormnission of any act of deliberate waste with respect to the Site by 'the Developer, (v) any losses suffered
or liability incurred as a result of the Developer's use of hazardous or toxic material or wastes on the Site or
any losses suffered or liability incurred by the Agency due to the presence of hazardous or toxic material or
wastes on the Site, or (vi) the Developer's failure to pay all taxes and assessments levied against the Site.
The Developer's failure to rebuild the Project following a casualty shall not constitute deliberate waste if
such failure is due to the unavailability of insurance proceeds following a casualty which the Developer is
not required to insure hereunder.
ARTICLE 3. ACQUISITION AND DEVELOPMENT OF THE SITE
3.1 Acquisition and Development of the Site by Developer.
3.1.1 Acquisition of the A~encv Property. The Agency shall convey to the Developer fee
simple title to the Agency Property, in an "AS-IS," "WHERE-IS" condition "WITH ALL FAULTS,"
simultaneously with the close of escrow on the adjoining land. The Agency makes no warranty whatsoever
to the Developer as to the condition of any portion of the Agency Property, including whether the Agency
Property contains any Hazardous Materials (as defined in Section 7.5 hereof). The Developer agrees that the
Agency has no obligation to remedy any faults, defects, or other adverse conditions described in any report
or other material obtained by the Developer or delivered by the Agency to the Developer, including the
remediation of any Hazardous Material on the Agency Property. The Developer, on its own behalf and on
behalf of all of the Developer's successors and assigns, hereby releases the Agency on account of any
11087\0016\681299.5
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Hazardous Materials that may be in, on or about the Agency Property. The Developer has inspected the
Agency Property and the Developer has determined that the Agency Property is suitable for the Developer's
purposes. The Developer acknowledges and agrees:
(a) The Agency has made no representation or warranty with respect to the
Agency Property, and that prior to the Close of Escrow, the Agency will make no representations and
warranties with respect to the Agency Property other than those contained in this Agreement.
(b) It is purchasing the Agency Property with the ultimate objective of
rehabilitating the existing improvements and constructing new improvements thereon.
(c) Its decision to purchase the Agency Property will be based on the results of its
analysis and the reports it has previously obtained.
(d) The Agency has made no representation or warranty as to the accuracy or
completeness of any reports and other materials prepared by persons other than the Agency and delivered by
the Agency to the Developer, and the Developer is not relying on the accuracy and completeness of any such
reports and other materials prepared by persons other than the Agency.
(e) The Agency has made no representation or warranty with respect to the use,
fitness for a particular reason, zoning, value, improvements, square footages or any other condition of the
Agency Property or the improvements thereon.
3.1.2 AccluisitionofRemainderofSite. As ofthe date ofthis Agreement, the Developer is
in escrow to purchase the parcels comprising the Site, other than the Agency Property, pursuant to real estate
purchase agreements. The Developer hereby agrees to comply with each and every condition, responsibility,
and obligation it has pursuant to such purchase agreements in order to accomplish the close of the escrow for
the Site within the time set forth therefor in the Schedule of Performance.
3.1.3 ScopeofDevelor~ment. The Developer shall develop the Site within the time limits
established in the Project Development Schedule attached hereto and incorporated herein as Exhibit G and in
accordance with and within the limitations established in the "Scope of Development" attached hereto and
incorporated herein as Exhibit H and plans approved by the Agency pursuant hereto. The Improvements
shall consist of approximately fourteen (14) newly constmcted single.-family detached homes and three (3)
rehabilitated single-family detached homes. The Project includes four (4) floor plans, with the homes
ranging between 1,220 square feet and nearly 1,800 square feet. The smaller houses shall have 3 bedrooms/2
baths and the larger homes shall have 4 bedrooms/3 baths. The rehabilitated houses are generally the same
size, but two of the remodels shall have only 2 bedrooms. All homes shall be constructed to the same
standard, in a good and workmanlike manner, and with the same quality of building materials. The Site shall
be developed with the number of parking spaces approved by the Agency. The Developer shall have
complete and sole discretion with respect to the selection of each architect, subcontractor, engineer,
consultant or other professional engaged to perform work in connection with the development of the Site.
The Agency shall have the fight to approve the general contractor selected by the Developer, which approval
shall not be unreasonably withheld, conditioned, or delayed.
3.1.4 Landscaping and Finish Grading Plans. The Developer shall prepare and submit to
the Agency for its approval preliminary and final landscaping and finish grading plans for the Site. The
11087\0016\681299.5
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landscaping plans shall be prepared by a professional landscape architect, and the finish grading plans by a
registered civil engineer, either or both of whom may be in the sarae firm as the Developer's architect.
These plans shall be prepared, submitted, and approved within the times established therefor in the Project
Development Schedule as it may be amended from time to time hy agreement of the Agency and the
Developer.
3.1.5 Construction Drawines and Related Documents. The Developer shall prepare and
submit final Schematic Design Development Documents and Construction Documents to the Agency for
review and written approval (including, but not limited to, architectural approval) as and at the times
established in the Project Development Schedule. Such documents may be approved by the ]Executive
Director of the Agency.
(a) Schematic Design Development Documents are hereby defined as drawings
and other documents to fix and describe the size and character of the .entire development, including but not
limited to plans, sections, and elevations, exterior material samples, and landscape plans with outline
specifications or material lists to establish final scope and preliminary details for landscape work.
(b) Construction Documents are hereby defined as drawings and other documents
setting forth in detail the requirements for construction, bidding and contracting for the construction of the
Improvements, and obtaining building permits for the Improvements.
Approval of progressively more detailed drawings and specifications will be promptly given by the
Agency if they substantially conform to drawings or specifications theretofore approved. Any items so
submitted and approved in writing by the Agency shall not be subject to subsequent disapproval.
3.1.6 Coordination Between A~ency and Developer. During the preparation of all drawings
and plans, the Agency and the Developer shall hold regular progress meetings to coordinate the preparation
and review of construction plans and related documents. The Agency' and the Developer shall communicate
and consult informally as frequently as is necessary to insure that the formal submittal of any documents to
the Agency can receive prompt and speedy consideration. If any revisions or correction of plans approved by
the Agency shall be required by any governmental official, agency, deparlment or bureau having jurisdiction,
or any lending institution involved in financing, the Developer and the Agency shall cooperate in efforts to
enable the Developer to develop a mutually acceptable modification or alternative to any required revision or
correction.
3.1.7 Agency Approval of Plans, Drawings and Related Documents. Subject to the terms of
this Agreement, the Agency shall have the right of reasonable re, view and approval of all plans and
submissions, including any changes therein. The Developer shall have the obligation to timely submit all
plans and submissions, including any changes therein, for the Agency's review and approval and to clearly
indicate in a transmittal document the date by which the Agency approval or disapproval is required under
the Project Development Schedule. The Agency shall approve or disapprove the plans, drawings and related
documents referred to in Subsection 3.1.4 through Subsection 3.1.6 of this Agreement and any proposed
changes therein within the times established in the Project Development Schedule. Failure by the Agency to
either approve or disapprove within the times established in the Project Development Schedule and in the
body of this Agreement shall be deemed an approval. Any disapproval shall state in writing the reasons for
disapproval. The Developer, upon receipt of a disapproval based upon powers reserved by the Agency
11087100161681299.5
hereunder, shall revise the plans and drawings and related documents and shall resubmit such revised
documents to the Agency within thirty (30) days after receipt of the notice of disapproval. The Agency shall
use best efforts to coordinate approval of Developer's plans with the City's Public Works, Planning and
Engineering Departments.
3.2 Chances to Plans. Neither the contractor nor the Developer shall change or consent to any
material change of the plans and specifications without the prior '~itten consent of the Agency. The
Developer agrees to send to the Agency written notice of any propc, sed material change to the plans and
specifications at least ten (10) days prior to the commencement of construction relating to such change. The
Developer further agrees that such notice shall be accompanied by a description, including drawings
submitted, of a change order, signed by the Developer. The Agency :may require the Developer to provide
evidence satisfactory to the Agency (i) of the cost, (ii) of the time necessary to complete the proposed
change, and (iii) that the Developer has the additional funds for the increased costs.
3.3 Construction Contract and Bond.
3.3.1 The Developer shall deliver to the Agency, for the Agency's review and approval, a
fully executed copy of the general building contract (the "Construction Contract") for construction of the
Improvements as described in the final plans and specifications approved by the Agency. The Construction
Contract shall obligate a reputable and financially responsible general contractor reasonably acceptable to
and reasonably approved in writing by the Agency, licensed in California, and experienced in completing the
type of improvements to be constructed by the general contractor, to commence and complete construction
of the Improvements in accordance with this Agreement and all applicable federal, state and local laws, rules
and regulations. The Construction Contract shall be a stipulated sum for construction of the Improvements.
The Construction Contract shall provide for customary and reasonable retentions (but in any event at least
ten percent (10%)) from each progress payment (except there shall be no retention for any items excused
from retention when approved by the Agency in writing in a separate document) until the final payment. The
Agency shall have the right, at the Agency's expense, at any time, including, without limitation, during
construction and after completion of construction, to audit the Construction Contract and all subcontracts to
insure such parties' compliance with the terms hereof, and the Developer shall insure that such Construction
Contract and all subcontracts shall include a provision setting forth the Agency's audit rights. The
Construction Contract and any other contracts shall also provide for a warranty satisfactory to the Agency
that all Improvements shall be free from defects for a period of at least one (1) year from and after the date of
filing of the Notice of Completion, and all fixtures and other personal property installed at the Project shall
be free from defects for the longer of five (5) years or the term provided by their manufacturer. The
Developer hereby assigns to the Agency, as additional consideration for the Agency Assistance, all
warranties provided to the Developer from the general contractor, any subcontractor, or manufacturer of
fixtures and equipment.
3.3.2 Prior to commencing any work, the contractor shall secure and the Developer shall
deposit with the Agency a Performance Bond and a Labor and Material Payment Bond (in the form of AIA
form A311 or A312), issued by a surety acceptable to the Agency irt the Agency's reasonable discretion,
securing the faithful performance by the general contractor of the completion of construction of the
Improvements free and clear of all liens and claims. Such bonds shall be in an amount equal to one hundred
percent (100%) of the Construction Contract. Such construction bonds shall name the Agency as a co-
obligee. Such construction bonds shall be issued by a company acceptable to the Agency and listed in the
11087\0016\681299.5
-9-
current United States Treasury Department circular 570 and otherwise within the underwriting limits
specified for that company in such circular. Such bonds shall be written with insurance companies licensed
to do business in the State of California and rated no lower than A VIII in the most current edition of A.M.
Best's Property Casualty Key Rating Guide.
3.3.3 At all times during the term of this Agreement~ the Developer shall comply with any
and all applicable state or federal laws, rules, regulations or ordinances regarding the payment of prevailing
wages and competitive bidding requirements in connection with the Developer's selection and/or hiring of
contractors, subcontractors, laborers, suppliers, manufacturers or materialmen for construction of the
Improvements or in any way related to the Project.
3.4 Preliminary Notices. The Developer agrees that copies of all preliminary notices delivered
pursuant to Section 3097 of the California Civil Code (a) to the Developer and (b) to the Site, addressed to
"City of Temecula," "Temecula Redevelopment Agency," "Lender," or "Construction Lender," shall be
promptly delivered to the Agency. The Developer further agrees that the Agency and its agents, employees
and representatives shall have the right at all times to enter upon the, Site and post such notices and other
written or printed material thereon as they may deem necessary or desirable for the Agency's protection as
the lender.
3.5 Stop Notices. In the event of the filing with the Agency of a stop notice or the recording of a
mechanic's lien pursuant to Title 15, Part 4, Division 3 of the Civil Code of the State of California relating to
works of improvement upon real property, the Agency may summarily refuse to honor any orders for
payment pursuant to this Agreement until same is released (by bond or otherwise), and in the event the
Developer fails to furnish the Agency with a bond causing such notice or lien to be released, within sixty
(60) days of the Developer's or the Agency's receipt of same, such failure shall, at the option of the Agency,
constitute an Event of Default under the terms of this Agreement.
3.6 Limitation on Improvements and Work. Prior to the disbursement of the Agency Assistance,
the Developer shall not permit nor allow any structure, signs or other improvements of any kind to be
constructed on the Site, and no grading or moving of earth shall be undertaken on the Site by or on behalf of
the Developer.
3.7 Coml~liance with Proiect Develo!oment Schedule. After the close of escrow for the entire
Site, the Developer shall promptly begin and thereafter diligently prosecute to completion all work to be
done by the Developer pursuant to this Agreement. In addition, the Developer shall begin and complete all
construction and development within the times specified in the Project Development Schedule or such
extension of said dates as may be agreed upon in writing between the Developer and the Agency; provided,
however, regardless of the Project Development Schedule, after commencement of such work, any cessation
of the work for thirty (30) consecutive days shall be a breach hereof. The Project Development Schedule is
subject to revision from time to time, as mutually agreed upon in writing between the Developer and the
Agency.
3.8 City and Other Governmental Agency Permits. Before commencement of construction or
development by the Developer, its general contractor and sub-contractors of any buildings, structures or
other work of improvement upon the Site, the Developer shall secure or cause to be secured any and all
permits which may be required by the City or any other governmental agency having jurisdiction over such
11087\0016\681299.5
construction, development or work. The Developer shall pay costs of engineers and others necessary to
prepare applications for permits. The Agency shall provide all proper assistance to the Developer in
securing such permits and shall use best efforts to assist the Developer in deferring permit and impact fees
until the issuance of the full release of all utilities by the City's Director of Building and Safety.
3.9 Right of Entry.
3.9.1 In addition to the City's rights of access to the Site in exercising its police powers for
public health and safety purposes, representatives of the Agency shall have the reasonable right of access to
the Site without charges or fees, upon twenty-four (24) hours verbal or written notice, at normal construction
hours during the period of construction, for the purposes of this Agreement, including, but not limited to, the
inspection of the work being performed in constructing the Project as provided in this Agreement; provided,
however, that the Agency shall not unreasonably interfere with the construction of the Project in conducting
such inspections. ·
3.9.2 If the Agency reasonably determines that the Developer's or its contractor's or
subcontractor's construction work is not in conformance with the plans and specifications and the terms of
this Agreement, then the Agency shall have the right to stop the work: and order its replacement whether or
not the unsatisfactory work has theretofore been incorporated in the Improvements, and to withhold all
further disbursements of the Agency Assistance until such work is :satisfactory to the Agency; and if the
work is not made satisfactory to the Agency within fifteen (15) calendar days from the date of stoppage by
the Agency, such failure to do so shall constitute a default by the Developer under the terms of this
Agreement; provided, however, that if the nature of the correction is such that it requires more than fifteen
(15) calendar days to correct, then no default shall exist if, within such 15-day period, the Developer or the
general contractor commences such correction and pursues it diligently to completion thereafter. The
Developer shall provide to the Agency copies of any and all reports received from the Department of Real
Estate with respect to construction of the Improvements or in any way relating to the Site or the Project.
3.9.3 The Developer acknowledges that the Agency is under no duty to supervise or to
inspect the work of construction, the labor performed therefor, the materials used therein or any books and
records, and that any inspection by the Agency of the construction of the Improvements is for the sole
purpose of protecting the security of the Agency, and that such inspection is not to be construed as a
representation by the Agency that there is or will be a strict compliance on the part of the Developer with the
approved plans and specifications, or that the construction is or will be free from faulty matefiai or defective
work quality. The Developer agrees that any inspections by the Agency are for the sole purpose of
preserving the Agency's rights hereunder and that neither the Developer nor any other person is entitled to
rely upon the same with respect to materials, construction quality, compliance with the plans for the Project
or otherwise. The Developer intends and agrees to conduct its own investigations and inspections of the
construction, the labor performed and materials supplied to determine that the quality of the Project and all
other requirements of the construction are being performed in a manner satisfactory to the Developer and the
Agency. The Developer agrees to immediately notify the Agency, in writing, should the same be materially
unsatisfactory. A failure to inspect the construction of the Project, any part thereof, or any books and records
relating thereto shall not constitute a waiver of any of the Agency's rights hereunder. Inspection not
followed by notice of default shall not constitute a waiver of any default then existing, nor shall it constitute
an acknowledgment that there has been or will be compliance with the plans for the Project or that the
construction is free from defects.
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3.10 Construction Responsibilities. TheDevelopershallcunstmcttheProjectinaqualitymanner
according to the plans and specifications and the recommendations of any soils or engineering report
approved by the Agency. The Developer shall provide, in a form acceptable to the Agency, written
confirmation from the soils engineer that all grading and foundation work has been completed in accordance
with the recommendations in the soils engineer's report, upon completion thereof. The Developer shall
comply with all applicable laws, ordinances, rules, regulations, building restrictions, recorded covenants and
restrictions, and requirements of all regulatory authorities having jurisdiction over the Site or the
Improvements. The Developer shall be solely responsible for all aspects of the Developer's business and
conduct in connection with the Site and Improvements, including, without limitation, the quality and
suitability of the plans and specifications and their compliance with all governmental requirements and the
Agency Documents, the supervision of the work of construction, the qualifications, financial condition and
performance of all architects, engineers, contractors, material suppliers, consultants and property managers,
the accuracy of all applications for payment and Draw Request.,;, and the proper application of all
disbursements. The Agency is not obligated to supervise, inspect or inform the Developer or any third party
of any aspect of the construction of the Improvements or any matter referred to above.
3.11 Local, State and Federal Laws. The Developer shall carry out the construction of the
Improvements in conformity with all applicable laws, including but not limited to all applicable federal and
state labor standards, competitive bidding requirements and prevailing wage laws.
3.12 Nondiscrimination Durin~ Construction. The Developer, for itself, its successors and assigns,
agrees that in the construction of the Improvements on the Site provided for in this Agreement, the
Developer shall not discriminate against any employee or applicant for employment because of sex, marital
status, race, color, religion, creed, or national origin or ancestry.
3.13 Taxes and Assessments. The Developer shall pay when due, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Site, all real
estate taxes and assessments on the Site assessed and levied subsequent to conveyance of fee title to the Site
to the Developer. Nothing herein contained shall be deemed to prohibit the Developer from contesting in
good faith the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies
available to the Developer in respect thereto, but no contest shall be made by the Developer after the due
date for the payment of such taxes or assessments unless the Developer shall have duly paid such taxes or
assessments under protest, or shall have instructed the Agency in writing to make such payment under
protest and promptly reimbursed the Agency in the amounts provided herein, and such contest may only be
made so long as (i) the Developer provides the Agency with reasonable security against impairment of the
Agency's security interest in the Site, and (ii) such delay in payment slhall not subject the Site (or any portion
thereof) to forfeiture or sale. If the Developer exercises its right to contest any tax, assessment, or charge
against it, then upon final determination of the proceeding or contest, the Developer shall immediately pay or
discharge any decision or judgment rendered against it, together with all costs, charges and interest.
3.14 Notice of Default to Mortgage, Deed of Trust or Oilier Security Interest Holder: Rieht to
Cure. Whenever the Agency shall deliver any notice or demand to the: Developer with respect to any breach
or default by the Developer in construction of the Improvements, the Agency shall at the same time deliver a
copy of such notice or demand to each holder of record of any mo~gage, deed of trust or other security
interest authorized by this Agreement, of which the Agency has written notice.
11087\0016\681299.5
3.15 Right of Agency to Cure Default under Mort~ane, Deed of Trust, Other Security Interest or
Other Conveyance for Financing. In the event of a default or breach by the Developer of a mortgage, deed of
trust or other security instrument with respect to the Site or any portion thereof prior to the completion of
construction of Improvements thereon, the Agency may (but shall not be obligated to) cure the default prior
to the completion of any foreclosure. In such event, the Developer shall reimburse the Agency, on demand,
for all sums paid and all costs and expenses incurred by the Agency in curing the default. The Agency shall
be subrogated to all the rights of the superior lien upon the Site (including the lien of the superior lien
holder), if any, to the extent of such costs and disbursements paid by the Agency.
3.16 Mechanics' Liens. The Developer agrees that it shall pay or cause to be paid all costs for
work done by it or caused to be done by it on the Site, and the Developer shall keep the Site free and clear of
all mechanic's liens and other liens on account of work done for the Developer or persons claiming under it.
If the Developer fails to pay any charge for which a mechanic's lien claim and suit to foreclose the lien have
been filed, then the Developer shall within sixty (60) days after the filing of such claim either pay or satisfy
the same by bond. If the Developer fails to either pay or satisfy such lien, or provide the Agency with
security to protect the Site against such claim of lien, the Agency shall have the right (but not the obligation)
to pay the amount of any such lien or encumbrance and add the amount so paid to the amount of
indebtedness secured by the Deed of Trust.
3.17 Certificate of Completion. Promptly after the Developer's completion of all construction and
development to be completed for each housing unit located on the Site (each, a "Unit"), as required by this
Agreement, the Agency shall furnish the Developer with a partial cep:ificate of completion (the "Certificate
of Completion") for each Unit, as such Unit is completed, upon written request therefor by the Developer.
The Agency shall not unreasonably withhold, condition, or delay the delivery of any Certificate of
Completion. Each Certificate of Completion shall be, and shall so state, conclusive determination of
satisfactory completion of the construction required by this Agreement for such individual Unit on the Site
but shall not constitute a waiver of the Agency's right to require correction of defects in labor, materials or
equipment furnished by or under direction of the Developer for such Unit. Each Certificate of Completion
shall be in such form as to permit it to be recorded by the Developer in the Recorder's Office of Riverside
County, California.
After the recordation of each Certificate of Completion, any party then owning or thereafter
purchasing, leasing, or otherwise acquiring any interest in such Unit located on the Site shall not (because of
such ownership, purchase, lease, or acquisition) incur any obligation or liability pursuant to, or under, this
Agreement with respect to the construction or other development of such Unit or the Project.
Notwithstanding the foregoing, such party shall be bound by any cow~nants and obligations contained in this
Agreement or the Regulatory Agreement, deed, lease, mortgage, deed of trust, contract, any applicable
CC&R's or other instrument of transfer not related to construction and development of such Unit or the
Project.
3.18 Cost Overruns. The Developer shall be responsible, at its sole cost and expense, for the
payment of any and all cost overruns incurred in connection with the development of the Project or the
construction of the Improvements on the Site.
3.19 Sharin~ of Cost Savings. Any construction cost savings based upon the Construction
Contract negotiated by the Developer and approved by the Agency on account of the development of the
11087\0016\681299.5
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Project pursuant to this Agreement shall be split on a 50/50 basis between the Agency and the Developer;
provided, however, that the Developer may, in its sole discretion, determine to expend any such cost savings
for Total Project Costs, in which case the Agency and the Developer shall have no right to receive any
portion of such cost savings. Any such expenditure of savings shall o>nstitute a portion of the Total Project
Costs. The Agency and the Developer shall share cost savings, if any, which shall be calculated only after
the Developer pays any contractor and/or subcontractor its or their negotiated percentage of cost savings. As
used herein, the term "Total Project Costs" is an mount equal to the sum of the total of reasonable amounts
expended or paid by or for the account of the Developer for Hard Costs and Soft Costs as generally
consistent with the Pro-Forma which shall be approved by the Agency. "Hard Costs" means all direct costs
actually paid by or on behalf of the Developer for goods, materials and/or labor (whether performed or stored
on or off of the Site) in the construction and development of the Project (including without limitation the
grading and site preparation of the Site), which (i) are not included irt Soft Costs, (ii) are not reimbursed or
reimbursable by others, and (iii) which otherwise would normally be considered in the construction trade to
be "hard costs" for the construction of the Project. Without limiting the generality of the foregoing, Hard
Costs shall include all direct costs for labor, materials and subcontract performance that are used in the
construction of or thereafter incorporated into the Project, actual construction costs, equipment costs,
contractor's fees and/or cost overruns (but only if the Agency has approved a cost overrun in excess of the
agreed construction costs plus the Developer's contingencies) for any of the foregoing. "Soft Costs" shall
mean all indirect costs actually paid by or on behalf of the Developer for construction and development of
the Project, which either (i) are not reimbursed or reimbursable by others, (ii) are not included in Hard Costs,
and (iii) would otherwise normally be considered in the construction trade to be "soft costs" for the
construction of the Project. Without limiting generality of the foregoing, Soft Costs shall include reasonable
fees paid to attorneys, architects, engineers, accountants, consultants; and other professionals to the extent
directly attributable to the construction of the Project, the mount of interest incurred or accrued and actually
paid by the Developer with respect to financing obtained in connection with the construction of the Project
excluding fees, if any, paid by (but not to) the Developer in connection with raising debt and/or equity
capital for the development of the Project, employee salaries paid for tasks normally associated with the
development of projects similar to the Project and which would be customarily performed by independent
third parties (but only to the extent such salaries do not exceed 'the amount which would have been
reasonably and ordinarily paid to an independent third party for performing the same tasks), and/or cost
overruns (but only if the Agency has approved in writing a cost ovemm in excess of the agreed construction
costs plus the Developer's contingencies) for any of the foregoing.
3.20 Governmental Approvals. Nothing herein is intended to indicate that the Project is not to be
subject to the same City Council review and approval procedures as are applicable to developments similar
to the Project. Approval of any aspect of the Project is not to be: inferred from any provision of this
Agreement, or any Exhibit hereto.
3.21 Cost Certification/Agency Audit.
3.21.1 No fewer than thirty (30) days prior to the date on which the City's Director of
Building and Safety issues a full release of all utilities for the Project, the Developer shall deliver to the
Agency a Preliminary Cost Certification in a form reasonably acceptable to the Agency and the Developer
together with pertinent materials relating to Total Project Costs (as defined in Section 3.19 hereof) then
incurred for the Project and an estimate of costs, if any, to be incurred and paid subsequent to the issuance of
the full release of all utilities by the City's Director of Building and Safety. Prior to the issuance of the full
11087\0016\681299.5
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release, the Developer shall deliver to the Agency a Final Cost Certification for the Project. The Agency
shall have the right to audit or cause an audit to be made (the "Agency's Audit") of all accounts, books and
records of the Developer respecting the development of the Project, in order to ascertain the actual amount of
the Total Project Costs. The Developer shall reasonably cooperate with and assist in such audit, and make
all of its accounts, books and records respecting the development of the Project available to the Agency or its
auditor for inspection and copying at the Developer's office in San Diego County, in accordance herewith.
The Agency agrees to cooperate with the Developer in scheduling ~rad conducting the Agency's Audit, if
any, so as not unreasonably to interfere with the Developer's business operation.
3.21.2 The Developer shall pay the reasonable cost and expense of Agency's Audit if the
Agency's Audit discloses (or, in the event that the Developer contests the Agency's Audit, if the independent
certified public accountant determines) that the Total Project Cos'Is for the Project as certified by the
Developer were overstated by more than four percent (4%) of the actual amount of such Total Project Costs.
In all other cases the Agency shall be solely responsible for the cost and expense of the Agency's Audit.
3.21.3 If the Agency's Audit discloses (or, in the event that the Developer contests the
Agency's Audit, if the independent certified public accountant determines) that the Agency has overpaid or
underpaid the Developer's construction costs, the Agency shall promptly notify the Developer of such fact.
If the Agency has underpaid the Developer's construction costs, then at the time the Agency delivers such
notice, the Agency shall also pay the Developer the amount necessary to correct any such prior
underpayment. If the Agency has overpaid the Developer's construction costs, the Developer shall promptly
(but in no event more than thirty (30) days) pay the Agency the amount necessary to correct such prior
overpayment.
3.21.4 The Developer shall have the right to contest, at the Developer's sole cost and
expense, the accuracy of the Agency's Audit. If the Developer in its reasonable discretion determines to
contest the Agency's Audit, the Developer must deliver to the Agency written notice of its intent to contest
within twenty (20) business days after the Agency notifies the Developer of the results of the Agency's
Audit. If the Developer fails to deliver such contest notice to the .Agency within such 20 business day
period, then the Developer shall be deemed to have waived its right to contest the Agency's Audit. If the
Developer timely delivers such contest notice to the Agency, then the issue of the amount and accuracy of
the Agency's Audit shall be submitted to an independent certified public accountant mutually acceptable to
the Agency and the Developer, with reasonable experience in audits similar to the Agency's Audit in scope,
complexity and subject matter, and the finding of such accountant shall be final. The estimated cost of the
independent certified public accountant selected by the parties shall be split equally between the parties, and
each party shall Pay its share in advance to the independent certified public accountant and shall pay its
remaining share, if any, not covered by the advance payment to the imtependent public accountant promptly
upon receiving a bill therefor.
3.21.5 If the independent certified public accountant so selected by the parties determines
that the Total Project Costs for the Project as certified by the Developer were overstated by four percent
(4%), or less, of the actual amount of such Total Project Costs, then the Agency shall promptly reimburse the
Developer for the reasonable fees and expenses paid by the Developer in contesting the Agency's Audit,
including the Developer's share of the costs and expenses of the independent certified public accountant. If
the independent certified public accountant so selected by the parties determines that the Total Project Costs
for the Project as certified by the Developer were overstated by more than four percent (4%) of the actual
11087\0016\681299.5
amount of such Total Project Costs, then the Developer shall promptly reimburse the Agency for the
reasonable fees and expenses paid by the Agency in defending the Agency's Audit, including the Agency's
share of the costs and expenses of the independent certified public accountant
ARTICLE 4. DISBURSEMENT PROCEDURE.
The procedure for disbursement of the proceeds of the Agency Assistance by the Agency to the
Developer shall be as follows:
4.1 Development Fee. Subject to the terms and conditions and conditions precedent set forth in
this Agreement, the Agency shall pay to the Developer a Development Fee, which will come out of Agency,
construction lender funds, and sales proceeds, equal to a total amount of Three Hundred Eighty-Two
Thousand Five Hundred Dollars ($382,500.00) (the "Development Fee"), to be drawn down as follows:
4.1.1 Ten percent (10%) of the Development Fee, or $38,250, shall be paid upon the
Developer's acquisition of fee title to the entire Site;
4.1.2 Twenty percent (20%) of the Development Fee, or $76,500, shall be paid upon the
commencement of construction of the Improvements on the Site;
4.1.3 Forty percent (40%) of the Development Fee, or $153,000, shall be paid upon the
completion of construction of the Improvements on the Site; and
4.1.4 Thirty percent (30%) of the Development Fee, or $114,750, shall be paid upon the
sale of all housing units within the Project and issuance ora full release of all utilities for the Project by the
City's Director of Building and Safety.
4.2 Monthly Disbursements for Construction Costs. The proceeds of the Agency Assistance shall
be deposited into the construction loan account with Bank of America (the "Escrow Agent"). The Agency
Assistance shall first be utilized fully by the Developer for construction of the Improvements or in
connection with the Project on a draw basis through the Escrow Agent before any of the construction loan
funds shall be disbursed to the Developer. The Escrow Agent shall provide the Agency with monthly
statements indicating the status of the construction of the Project, the amounts of Agency Assistance which
have been disbursed to Developer and for what items and to whom paid, and any other information
reasonably requested by the Agency.
4.3 Persons Authorized to Receive Disbursements. Construction funds shall be disbursed by the
escrow agent described in Section 4.2 above upon occurrence of the conditions set forth in Section 2.3, and
in accordance with the terms of this Section, to pay for items listed in the Budgets furnished to the escrow
agent and the Agency pursuant to Subsection 2.3.1 (5), the amount to be disbursed for each item not to
exceed the amount specified therefor in such Budgets. Amounts or i[tems of expense not listed in the cost
breakdown shall not be expended or incurred by the Developer without the prior written consent of the
Agency's Executive Director. Amounts to be disbursed pursuant to this Section shall be paid to the
following persons from time to time as construction work progresses, upon presentation to the Escrow Agent
of written Draw Requests signed by an authorized person:
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4.3.1 Persons named in each Draw Request, who have furnished labor, services and/or
materials theretofore used in or related to the construction of the Preject.
4.3.2 The general contractor, for reimbursement of prior payment for labor, services and/or
materials theretofore used in or related to the construction project, upon receipt by the Agency of evidence
satisfactory to them, showing such prior payment.
4.3.3 The following are hereby designated as persons authorized to sign written Draw
Requests, in accordance with the terms of this Agreement, and the Developer, with the consent of the
Agency, shall have the sole fight to revoke such designation, and substitute any other person as the person
authorized to sign such order:
Person Authorized to Sign
Specimen Signature Above
or
Person Authorized to Sign
Specimen Signature Above
4.4 Conditions Precedent to A~ency's Oblieation to Disburse Funds. The Agency's or Escrow
Agent's obligation to pay or authorize any disbursements of Agency Assistance proceeds (including the first
disbursement and the final disbursement) is subject to the satisfaction or waiver by the Agency of the
following conditions precedent:
4.4.1 No Event of Default, either hereunder or under any loan secured by a deed of trust
encumbering the Site, shall remain uncured and no event shall have occurred which, with the giving of
notice or the passage of time or both, would constitute an Event of Default, either hereunder or under any
loan secured by a deed of trust encumbering the Site;
4.4.2 No claim of lien, stop notice, or similar notice: shall have been asserted against the
Agency (or any one of them alone), the Site, or the Project which has not been released (by payment, bond,
or otherwise) or which will not be released concurrent with the applicable disbursement;
4.4.3 The Agency shall be reasonably satisfied, based on the Agency's own inspections or
other reliable information, that the development of the Project is progressing substantially in accordance with
all plans and specifications and in conformance with all applicable laws and other requirements; and
4.4.4 The Agency shall be reasonably satisfied that the Project shall be completed in a timely
fashion.
4.5 Remainine Balance of Agency Assistance. The amotmt of any Agency Assistance balance
remaining from the amount available for construction and any other amounts not otherwise disbursed shall
11087100161681299.5
be retained by the Agency.
ARTICLE 5. USE AND SALE OF THE SITE
5.1 Uses. The Developer covenants and agrees for itself, its successors, assignees, and every
successor in interest that during construction and thereafter for a period of forty-five (45) years from the date
of issuance of the full release of all utilities for the Project by the City"s Director of Building and Safety, the
Developer, such successors, assignees and successor(s) in interest shall devote the Site only to the uses
specified in the Regulatory Agreement and this Agreement.
5.2 Sale Restrictions. The Developer covenants and agrees for himself, his successors, assignees,
and every successor in interest, that sale of all housing traits in the Project shall be restricted as provided in
this Section 5.2 for a period of forty-five (45) years from the date of issuance of a full release of all utilities
for the Project by the City's Director of Building and Safety.
5.2.1 Units Restricted to Persons and Families of Law or Moderate Income. All housing
units in the Project shall be sold at an Affordable Housing Cost (as defined below) exclusively to persons
and families of low or moderate income, and only such persons shal[ be entitled to occupy the Units. The
table attached hereto as Exhibit I and incorporated herein by reference illustrates, for example purposes only,
the method of calculation used to determine the maximum allowable sales prices for the Units. Occupancy
levels shall comply with those specified by the California Health and :Safety Code and such other regulations
as may exist which are applicable to the Project.
5.2.2 Definitions.
1. "Persons and families of low or moderate income" means persons whose
income do not exceed the amounts set forth in Califomia Health and Safety Code Section 50093, for persons
and families who have incomes not greater than the applicable percent of the area median income (adjusted
for family size as appropriate for the Unit) for the low or moderate income categories.
2. "Area median income" shall mean the area median income for Riverside
County as published by the Department of Housing and Community Development pursuant to Califomia
Health and Safety Code Section 50093.
3. "Affordable for low or moderate income person" means the purchase price as
determined under California Health & Safety Code Section 50053(b) based upon area median income
(adjusted for family size appropriate for the Unit) for the low or moderate income household, as amended
from time to time.
4. "Affordable Housing Cost" for the purposes of this Agreement is that purchase
price which would result in a monthly housing cost which is not less than twenty-eight percent (28%) of the
gross income of the purchaser and does not exceed the greater of(a) the product of thirty-five percent (35%)
times one hundred ten percent (110%) of Riverside County median income adjusted for family size
appropriate for the Unit for low or moderate income purchasers, or (b) the product of thirty-five percent
(35%) of the actual gross income of the household for low or moderate income purchasers earning greater
11087100161681299.5
than one hundred ten percent (110%) and not more than one hundred twenty percent (120%) of Riverside
County median income.
5. The terms defined in this Subsection 5.2.2 are further defined in Title 25 of the
California Code of Regulations Section 6910, et seq., as from time to time amended, and any successor
regulations thereto. The terms and provisions of California Health and Safety Code Sections 50093, 50105,
50079.5, and 50053 and Title 25 of the California Code of Regulations Section 6910, et seq., as amended,
and any successor statutes or regulations thereto, are incorporated herein by this reference.
5.2.3 Successor Owners. The sales prices for qualified successor owners upon the
subsequent sales ora Unit shall be determined in accordance with the Riverside median household income
limits, as set forth in Exhibit I. The sale agreements for the Units shall contain provision(s) which permit the
sale by an original owner of the Unit at a fair market value rate to a successor owner prior to expiration of
the 45-year period set forth herein, so long as (a) the sale occurs after the expiration of the first fifteen (15)
years of the 45-year term, (b) the sale is made pursuant to an adopted program, such as an equity sharing
program, which protects the Agency's investment of moneys from its Low and Moderate Income Housing
Fund, and (c) the original owner remits a certain percentage of the excess proceeds received from such sale
to the Agency, for deposit into its Low and Moderate Income Housing Fund, in accordance with the
California Health and Safety Code, pursuant to the equity sharing formula set forth in Exhibit J attached
hereto and incorporated by reference herein. The sale agreements for each of the Units shall (x) contain
provision(s) which prohibit the renting or leasing of the Unit, (y) require that similar provisions be contained
in any promissory note and deed of trust executed in connection therewith, and (z) require the owner to
execute, acknowledge and record a restrictive covenant against its. Unit acceptable to the Agency and
substantially in the form of Exhibit K attached hereto and incorporated by reference herein.
5.3 Riehts of Aeencv. The Agency shall have the continuing right during the period provided for
in Section 5.2 to verify that the restrictions, limitations and requirements of this Article 5 are being complied
with and to establish and/or continue a low and moderate income (as defined in California Health and Safety
Code Section 50093) Housing Program at the Project. The Developer shall provide:
1. that persons and families who have resided in the City of Temecula for at least
one (1) year prior to occupancy at the Project shall be given a preference in purchasing the Units; and
2. that persons and families who are employed within the City of Temecula shall
be given a preference in purchasing the Units.
Any preference provided for above shall only be considered if the person to which the preference applies
otherwise qualifies under the criteria established by the Developer and approved by the Agency for purchase
of the Units. All preferences must comply with applicable state and federal fair housing laws.
5.4 Oblieation to Refrain from Discrimination. There shall be no discrimination against any
person, or group of persons, on account of sex, marital status, race, color, religion, creed, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part
thereof, and the Developer (or any person or entity claiming under or ~hrough the Developer) covenants and
agrees not to establish or permit any such practice or practices of discrimination with reference to the
selection, location, number, use or occupancy of owners, tenants, lessees, subtenants or sublessees of the Site
or any part thereof. The Developer also agrees to refrain from any form of discrimination as set forth above
11087\0016\681299.5
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pertaining to deeds, leases or contracts.
5.5 Form of Nondiscrimination and Non-segregation Clauses. The Developer shall refrain from
restricting the rental, sale or lease of the Site, or any portion thereof, on the basis of sex, marital status, race,
color, religion, creed, ancestry or national origin of any person. All deeds, leases or contracts, including
without limitation all deeds on the Units, shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clauses:
5.5.1 In deeds the following language shall appear: "The grantee herein covenants by and
for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under
or through them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale,
lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the
grantee or any person claiming under or through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land."
5.5.2 In leases the following language shall appear: "The lessee herein covenants by and for
himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or
through him or her, and this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons,
on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the
lessee himself, or any person claiming under or through him or her, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection, location, number, use, or
occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased."
5.5.3 In contracts relating to the sale, transfer or leasing of the Site or any interest therein,
the following language shall appear: "There shall be no discrimination against or segregation of any person
or group of persons on account of race, color, creed, religion, sex, sexual orientation, familial status, marital
status, status regarding public assistance, ancestry, national origin, age, physical handicap or disability in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself
or any person claiming under or through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the land."
5.6 Effect and Duration of Covenants. The covenants established in this Agreement shall,
without regard to technical classification or designation, be binding on the Developer, its successors,
assignees, and every successor in interest to the Site, or any part thereof, for the benefit and in favor of the
Agency, its successors and assigns, and the City of Temecula. Except as set forth in the following sentence,
the covenants contained in this Agreement shall remain in effect until the expiration of the period set forth in
Section 5.2, unless this Agreement provides for their earlier or later termination. The covenants against
discrimination set forth in Sections 5.4 and 5.5 shall remain in effect in perpetuity.
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5.7 Agency Avvroval of Covenants, Conditions and Restrictions. The Developer shall submit to
the Agency for approval any proposed covenants, conditions and restrictions affecting any and all portions of
the Site. Such covenants, conditions and restrictions shall incorporate all provisions of this Agreement
which run with the land or are binding on the Developer's successors, administrators, assigns or lessees
pursuant to this Agreement.
ARTICLE 6. INSURANCE AND INDEMNITY
6.1 Insurance.
6.1.1 LiabiliW Insurance. The Developer shall procure at its sole cost and expense, and shall
keep in effect from the date of this Agreement and at all times until the sale or disposition of all seventeen
(17) homes, Commercial General Liability Insurance applying to the construction, use and occupancy of the
Site. Such insurance shall not include any contractual obligations other than those found in a standard
commemial general liability coverage form and shall not be subject to any deductible. Such coverage shall
have a minimum combined single limit of liability of at least Three Million Dollars ($3,000,000.00) per
occurrence and in the aggregate. All such policies shall be written 'to apply to all bodily injury, property
damage, personal injury, and other covered loss, however occasioned, occurring during the policy term, shall
be endorsed to add the Agency, the City, and their respective council members, board members, officers,
employees and agents as additional insureds, and to provide that such coverage shall be primary and that any
insurance maintained by the Agency shall be excess insurance only. Such coverage shall be endorsed to
waive the insurer's rights of subrogation against the Agency. The Commercial General Liability insurance
shall be in force prior to the release of any Agency Assistance proceeds.
6.1.2 Worker's Compensation Insurance. If the Developer has employees, the Developer
shall also maintain Workers' Compensation insurance in accordance '~th Califomia law, and an employer's
liability insurance endorsement with limits of no less than Five Hundred Thousand Dollars ($500,000.00)
each employee, Five Hundred Thousand Dollars ($500,000.00) each accident, and a Five Hundred Thousand
Dollar ($500,000.00) policy limit. Any policy shall be endorsed with a waiver of subrogation clause for the
Agency and the City and their respective council members, board me~nbers, officers, employees, and agents.
6.1.3 Fire and Extended Coverage Insurance. The Developer shall obtain (or cause to be
obtained) and keep in force until the sale or disposition of ail seventeen (17) homes a standard "all risk"
property policy, including broad form flood (including back-up of ,,.ewers and drains) and earthquake (if
available at commercially reasonable rates) covering loss or &anage to the Project, including all
Improvements thereon, in the amount equal to the full replacement value thereof, as the same may exist from
time to time, but in no event less than the replacement value of all improvements on the Site, and an inflation
factor endorsement and extension for increased costs of construction and demolition in an amount of no less
than ten percent (10%) of the replacement costs of said improvements and coverage for contingent liability
from operation of building laws. During construction, such policy shall include a course of construction
endorsement. The Agency shall be named as the mortgagee/loss payee on such policy, and such policy shall
contain a standard mortgagee clause. The Developer shall, in addition, obtain and keep in force during
construction of the Project until completion a policy of builder's risk insurance in an amount not less than
the total amount of the insurable improvements being constructed, covering all real and personal property for
"all risks" of loss or "comprehensive perils" coverage including but not limited to the perils of earth
11087\0016\681299.5
movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and equipment to be used in or incidental to the construction at the Site, off site, or in transit, for
the full replacement value of such properties. Coverage shall be included for property of others in the care,
custody or control of the insured for which any insured may be liable. If any such insurance coverage has a
deductible clause, the deductible amount shall not exceed Five Thousand Dollars ($5,000.00) per
occurrence, and the Developer shall be liable for such deductible amount. If the Developer acquires
earthquake insurance, the proceeds thereof shall be used either for repayment of the Agency Assistance
secured by Deed of Trust encumbering the Site or for reconstruction of the Project.
6.1.4 Automobile Liability. The Developer and its contractors shall also maintain
automobile liability insurance containing a One Million Dollars ($1,000,000.00) combined single limit for
bodily injury and property damage and covering all owned, non-owned and hired vehicles.
6.2 Insurance Generally.
6.2.1 The Developer shall also require all contractors and subcontractors to provide
Commercial General Liability Insurance, applying to the construction of the Project. Such insurance shall not
include any contractual obligations other than those found in a standard commercial general liability
coverage form and shall not be subject to any deductible. The coverage for the general contractor shall have
a minimum combined single limit of liability of at least Three lvlillion Dollars ($3,000,000.00) per
occurrence and in the aggregate. The coverage for all subcontractors shall have a minimum combined single
limit of liability of at least One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. All
such policies shall be written to apply to all bodily injury, property damage, personal injury, products,
completed operations (2 year extension beyond completion of the Project) and other covered loss, however
occasioned, occurring during the policy term, shall be endorsed to add the Agency, the City, and their
respective council members, board members, officers, employees and agents as additional insureds, and to
provide that such coverage shall be primary and that any insurance maintained by the Agency shall be excess
insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against the
Agency. The Commercial General Liability insurance shall be in rome prior to release of any Agency
Assistance proceeds.
6.2.2 All insurance described in this Article 7 shall be endorsed to provide the Agency with
at least thirty (30) days' advance notice of cancellation or change in its terms.
6.2.3 If the Developer fails or refuses to maintain insurance as required hereunder, or fails to
provide the proof of insurance, the Agency shall have the fight to declare this Agreement in default
following provision of notice and an opportunity to cure as provided in Section 9.1.
6.2.4 The procuring of such required policies of insurance shall not be construed to limit the
Developer's liability hereunder, nor to fulfill the indemnification provisions and requirements of this
Agreement. Notwithstanding said insurance policies, the Developer shall be obligated for the full and total
amount of any damage, injury, or loss caused by negligence, neglect or intentional misconduct connected
with this Agreement or with the use or occupancy of the Site.
6.3 Insurance Policies. If the Developer shall fail to obtain any insurance required hereunder, the
Agency may, at its election, after notice to the Developer, obtain such insurance, and the Developer shall
reimburse the Agency for the cost thereof plus a five percent (5%) k~andling charge, within five (5) days
11087\0016\681299.5
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following demand therefor. Insurance required hereunder shall be issued by companies reasonably
satisfactory to the Agency. The Developer shall deliver to the Agency' copies of policies of such insurance or
certificates evidencing the existence and amotmts of such insurance ufith mortgagee/loss payable clauses as
required by this Article 7. No such policy shall be cancelable or sul~ject to reduction of coverage or other
modification except after thirty (30) days' prior written notice to the Agency. The Developer shall, at least
thirty (30) days prior to the expiration of such policies, furnish the Agency with renewals or "binders"
thereof. The Developer shall not do nor permit to be done anything which shall invalidate the insurance
policies referred to in this Article 7. All policies of insurance shall name the Agency, and, at the Agency's
option, any additional parties designated by the Agency, as additional insureds. All insurance required to be
provided hereunder is in addition to, and not in lieu of, the indemnity provisions set forth below. All of the
foregoing policies shall be written with insurance companies licensed to do business in the State of
California and rated no lower than A VIII in the most current edition of A.M. Best's Property Casualty Key
Rating Guide.
6.4 Indemnity- General. The Agency shall in no way be liable for any acts or omissions of the
Developer or the Developer's agents, contractors, employees or any person furnishing labor and/or materials
used in or related to construction of the Improvements or the Project. The Developer shall indemnify,
defend, protect, and hold harmless the Agency, the City, and their respective directors, officers, employees,
agents, successors and assigns from and against any and all claims, losses, proceedings, damages, causes of
action, liabilities, costs and expenses, (including attorneys' fees) arising from or in connection with, or
caused by (a) any act, omission or negligence of the Developer or any of the Developer's respective
contractors, licensees, invitees, agents, servants or employees, wheresoever the same may occur; (b) any use
of the Site, or any accident, injury, death or damage to any person or property occurring in, on or about the
Site or any part thereof, or from the construction or use by the Developer of the Site or the Project, or from
any activity, work or thing done, permitted or suffered by the Developer or its contractors, licensees,
employees, agents, servants, or invitees, in or about the Site or elsewhere to the extent not caused by the acts
or omissions of the Agency; (c) any breach or default in the performance of any obligations on the
Developer's part to be performed under the terms of this Agreement, or arising from any negligence of the
Developer, or any such claim or any action or proceeding brought thereon; or (d) any failure at any time of
any representations or warranties of the Developer to be true and correct in any material respect; and in case
any action or proceeding be brought against the Agency by reason of any such claim, the Developer, upon
notice from the Agency, shall defend the same at the Developer's expense with counsel satisfactory to the
Agency. The Developer, as a material part of the consideration to the Agency, hereby assumes all risk of
damage to property or injury to persons in, upon or about the Site arising from any cause whatsoever. The
Developer shall immediately pay to the Agency upon demand any ~unounts owing under this indemnity,
together with interest at the rate of ten percent (10%) per annum. THE DEVELOPER'S DUTY AND
OBLIGATIONS TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE AGENCY SHALL
SURVIVE CANCELLATION OF THE PROMISSORY NOTE AND THE RELEASE OF THE
DEED OF TRUST WITH RESPECT TO EVENTS OCCURRING PRIOR TO THE
CANCELLATION OF THE PROMISSORY NOTE AND RELEASE OF THE DEED OF TRUST.
These provisions are in addition to, and not in lieu of, the insurance required to be provided by Article 7
hereof.
6.5 Indemnity- Environmental. The Developer shall indemnify, defend (by counsel reasonably
acceptable to the Agency), protect, and hold the Agency, the City, and their respective directors, officers,
employees, agents, successors and assigns free and harmless from and against any and all claims, liabilities,
11087\0016\681299.5
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penalties, forfeitures, losses or expenses (including attomeys' fees), or death of or injury to any person or
damage to any property whatsoever to the extent that the same arises from or is caused in whole or in part,
directly or indirectly, by (a) the presence in, on, under or about the Site of any Hazardous Materials brought
onto the Site by the Developer or its agents or contractors; (b) the Developer's use, analysis, storage,
transportation, disposal, release, threatened release, discharge or generation of Hazardous Materials to, in,
on, under, about or from the Site; or (c) the Developer's failure to comply with any county, state, federal, or
local laws, ordinances, rules or regulations concerning Hazardous Materials. The Developer's obligations
hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any
required or necessary repair, cleanup or detoxification or decontamination of the Site, or the preparation and
implementation of any closure, remedial action or other required plans in connection therewith, and shall
survive the expiration or earlier termination of the term of this Agreement. For purposes of the release and
indemnity provision hereof(but without limiting any right the Devele,per may have against any third party),
any acts or omissions of the Developer, or of the employees, agents, subtenants, contractors or
subcontractors of the Developer or others acting for or on behalf of the Developer (whether or not such acts
or omissions are negligent, intentional, willful or unlawful), shall be strictly attributable to the Developer. If
the Developer fails to fully comply with the provisions of this Agreement relating to Hazardous Materials,
the Agency may, at its option, obtain a written report from any independent environmental auditor and/or
perform any or all of the Developer's obligations hereunder, and ail costs and expenses incurred by the
Agency shall be payable to the Agency immediately upon demand. The provisions of this Section 7.5 shall
survive the expiration or earlier termination of this Agreement. These provisions are in addition to, and not
in lieu of, the insurance required to be provided by Article 6 hereof. The term "Hazardous Materials" as
used in this Section shall mean any product, substance, chemical, material or waste whose presence, nature,
quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect,
either by itself or in combination with other materials expected to be on the Site, is either: (i) potentially
injurious to the public health, safety or welfare, the environment, or the Site; (ii) regulated or monitored by
any governmental authority; or (iii) a basis for potential liability of the Agency to any governmental agency
or third party under any applicable statute or common law theory. Hazardous Materials shall include, but not
be limited to, hydrocarbons, petroleum, gasoline, crude oil or any products or by-products thereof.
ARTICLE 7. ASSIGNMENT, TRANSFER AND SALE
7.1 In General. Except as herein provided to the contrary, the Developer shall not assign,
transfer, or sell this Agreement or any interest in the Site, the Project, the Improvements, or any interest in
the Developer or any shareholder of the Developer (collectively, a "Transfer"), without the Agency's prior
written consent first had and obtained. Any attempted Transfer in violation hereof shall be ineffective and
void and shall constitute a default and breach of this Agreement by the Developer, and shall terminate any
further obligations of the Agency hereunder.
7.2 Consent. The Agency may withhold its consent to any Transfer in the Agency's sole and
absolute discretion; provided, however, the Agency shall not unreasonably withhold its consent to a Transfer
by the Developer of all of the Developer's rights and interest in this Agreement and the Project to any entity
controlled, directly or indirectly, by the Developer (including without limitation any corporation in which the
Developer has a controlling interest, or any partnership in which the Developer is a general partner, provided
that the Developer is responsible for the day-to-day management of the Project, and a limited liability
11087100161681299.5
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company in which the Developer is the sole managing member), provided that the assignee or transferee
assumes all obligations of the Agreement on the Developer's part and delivers a copy of such assumption to
the Agency, and further provided that the Developer shall jointly and severally with such transferee remain
responsible for the performance of this Agreement on the Developer's part. If the transferee is a limited
partnership, then the sale of limited partnership interests in such limited partnership shall not require the
Agency's prior consent.
7.3 Assummion of Obligations. No Transfer permitted by Section 7.2 or otherwise made by the
Developer at any other time shall be effective unless and until the transferee (or any subsequent assignee(s)
or transferee(s)) assumes the Developer's obligations and agrees to be bound by the terms of this Agreement
in a writing duly executed by such assignee or transferee and delivered to the Agency.
7.4 Transfer of Units. Notwithstanding the foregoing provisions, Agency and Developer agree
that a sale of a Unit to an authorized purchaser shall not violate this Article 7.
ARTICLE 8. DEFAULTS, REMEDIES AND TERMINATION
8.1 Events of Default.
The occurrence of any of the following shall constitute an event of default by the Developer
hereunder ("Event of Default"):
8.1.1 The Developer's failure to make any payment hereunder or under the Promissory Note
when due, or the Developer's failure to perform any other obligation for the payment of money under any
Agency Document, provided such failure under this Subsection 8.1.1 is not cured within ten (10) days after
the Agency gives the Developer written notice of such failure; or
8.1;2 The filing with the Agency of a stop notice or the recording of a mechanic's lien
pursuant to Title 15, Part 4, Division 3 of the Civil Code of the State of California relating to works of
improvement upon real property, and the Developer's failure to cause such notice or lien to be released (by
bond or otherwise) within sixty (60) days of the Developer's or the Agency's receipt of a copy of same; or
8.1.3 The Developer's failure to commence construction of the Project in a material fashion
within three (3) months after the first construction draw from the escrow account described in Section 4.2
hereof, and to diligently pursue the completion of construction thereafter; or
8.1.4 The Developer's failure to perform any other obligation (other than obligations
described in Subsections 8.1.1 through 8.1.3, above) under any Agency Document within the prescribed cure
period for such obligation, or if no cure period is specified, within thiJ~y (30) days after the Agency gives the
Developer written notice that such obligation was not performed; provided that, if such cure cannot
reasonably be effected with such 30 day period, such failure shall not be an Event of Default so long as the
Developer promptly (in any event, within 30 days after such notice is given) commences cure, and thereafter
diligently prosecutes such cure to completion; or
11087\0016\681299.5
8.1.5 Any Event of Default or other breach, and expiration of the cure period, occurring
prior to the completion of the Project, under the Promissory Note executed pursuant hereto, the Deed of
Trust securing same, the Regulatory Agreement, or any other agreement between the Developer and the
Agency; or
8.1.6 Any other material mismanagement of the Project by the Developer not otherwise
specified herein resulting in material operating losses for the Project; or
8.1.7 Any representation or warranty in any Ageucy Document proves to have been
incorrect in any material respect when made and which has a material adverse affect on the Agency's
security; or
8.1.8 Work on the Project ceases for fifteen (15) consecutive days for any reason (other than
Force Majeure, as defined in Section 9.5); or
8.1.9 The Developer is the subject of an order for relief by a bankruptcy court, or is unable
or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or
the Developer applies or consents to the appointment of any receiver, trustee, custodian, conservator,
liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian,
conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of the
Developer and the appointment continues undischarged or unstayed for sixty (60)days; or the Developer
institutes or consents to any bankruptcy, insolvency, reorganization,, arrangement, readjustment of debt,
dissolution, custodianship, conservatorship, liquidation, rehabilitation or similar proceeding relating to it or
any part of its property; or any similar proceeding is instituted without the consent of the Developer and
continues undismissed or unstayed for sixty (60) days; or
8.1.10 Any default or event of default on the part of the Developer occurs under any superior
or inferior instrument or loan document encumbering the Site following notice and after an opportunity to
cure as provided therein, including any other obligation of the Developer to the Agency, or under any other
lender whose loan is secured by a lien encumbering the Site; or
8.1.11 Any Event of Default under the Regulatory Agreement; or
8.1.12 Discovery of significant hazardous or toxic materials that shall have a material
adverse impact on the value of the Project and the Developer's failure to remediate same within a reasonable
period of time; or
8.1.13 Any sale or other transfer of the Site or the Project, or any portion thereof, without the
Agency's prior written consent or where not specifically permitted pursuant to this Agreement.
8.2 Remedies Upon Default. Upon the occurrence of any Event of Default, all sums disbursed or
advanced by the Agency shall, at the option of the Agency, immediately become due and payable, and the
Agency shall be released from any and all further obligations to the Developer under the terms of this
Agreement, including but not limited to any obligation to advance any additional Agency Assistance
proceeds, and the Agency may declare the Promissory Note immediately due and payable. The Agency shall
also be entitled to all other remedies available at law or equity, including the right to foreclose the Deed of
Trust, either judicially or non-judicially, subject to the provisions of Section 2.7 hereof.
11087\0016\681299.5
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8.3 Non-Waiver of Rights or Remedies. Except as otherwise expressly provided in this
Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of such default, or of any such right or remedies, or deprive either 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.
8.4 Le~,al Actions.
8.4.1 Applicable Law. The laws of the State of California shall govern the interpretation
and enforcement of this Agreement.
8.4.2 Service of Process. In the event that any legal action is commenced by the Developer
against the Agency, service of process on the Agency shall be made by personal service upon the Executive
Director or Secretary of the Agency, or in such other manner as may be provided by law.
In the event that any legal action is commenced by the Agency' against the Developer or its successor
or assignee, (a) if the Developer or its successor or assignee is a partnership, service of process shall be made
by personal service upon any person who is a direct or indirect general partner thereof, or in such other
manner as may be provided by law, or by personal service upon any corporate officer of a corporation that is
a direct or indirect general partner thereof, or (b) if the Developer or its successor or assignee is a corporation
or a limited liability company, service of process shall be made by personal service upon a corporate officer
of the Developer or its successor or assignee, as the case may be, or in such other manner as may be provided
by law, whether made within or without the State of California.
8.5 Rights and Remedies are Cumulative. Except as; otherwise expressly stated in this
Agreement, the rights and remedies of each party are cumulative, and the exercise by either party of one or
more of such fights or remedies shall not preclude the exemise by it, at the same time or different times, of
any other rights or remedies for the same default or any other defautt by the other party.
ARTICLE 9. GENERAL PROVISIONS
9.1 Notices, Demands and Communications Between the Parties. Formal written notices,
demands, correspondence and communications between the Agency and the Developer shall be deemed
sufficiently given three (3) business days after deposit in a sealed envelope in the United States Mall, postage
prepaid, by registered or certified mail, return receipt requested, to the principal offices of the Agency or the
Developer as set forth in Subsections 1.4.1 and 1.4.2 of this Agreement, respectively. Such written notices,
demands and communications may be sent in the same manner to such other addresses as the party to be
notified may from time-to-time designate as provided in the first sentence of this Section 9.1.
9.2 Warranty Aeainst Payment of Consideration for Aereement. The Developer warrants that it
has not paid or given, and will not pay or give, any third person, including, but not limited to, the City
Council of the City of Temecula, the Agency, the City of Temecula, or any member, official or employee
thereof, any money or other consideration for obtaining this Agreement.
11087\0016\681299.5
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9.3 Nonliabilitv of Agency Officials and Employees. No member, official or employee of the
Agency or the City of Temecula shall be personally liable to the Dew,loper, or any assignee or successor in
interest, in the event of any default or breach by the Agency or for any amount which may become due to the
Developer or any assignee or successor in interest, or on any obligatiun under the terms of this Agreement.
9.4 Litigation. If the Agency shall be or shall become a party to any legal proceedings instituted
in connection or arising out of the Project or the Site, or in the event of any dispute between the parties
hereto arising out of this Agreement in which the Agency is the prevailing party, the Developer agrees to pay
to the Agency all sums paid or incurred by the Agency as costs and expenses in the legal proceedings,
including but not limited to actual attorneys' fees and costs incurred by the Agency.
9.5 Force Maieure; Extension of Times of Performance. Performance by either party hereunder
shall not be deemed to be in default where delays or failure to perform are due to war, insurrection, strike,
lock-out, riot, flood, earthquake, fire, casualty, act of God, act of the public enemy, epidemic, quarantine
restriction, freight embargo, lack of transportation, unusually severe weather, inability to secure necessary
labor, materials or tools, act of the other party, or any other cause beyond the reasonable control or without
the fault of the party claiming an extension of time to perform. An extension of time for any such cause
shall only be for the period of the enfomed delay, which period shall commence to run from the time of the
commencement of the cause provided that written notice of such cause is given to the other party within
ten (10) days after the commencement of the cause. Times of performance under this Agreement may also
be extended in writing by mutual agreement of the Agency and the Developer. Failure of the Developer to
obtain financing for the Project or the Developer's financial inability to obtain such financing shall not be
grounds for excuse or extension.
9.6 Insl~ection of Books and Records. The Agency has the right at all reasonable times, upon
forty-eight (48) hours advance written notice setting forth the reason therefor, to inspect the books and
records of the Developer pertaining to the Site and development thereof as pertinent to the purposes of this
Agreement.
9.7 AvvrovalsbvtheA~encvandDevelover. Wherever tlhis Agreement requires the Agency or
the Developer to approve any contract, document, plan, proposal, specification, drawing or other matter,
such approval, or if appropriate, disapproval, shall be in writing and shall not be unreasonably withheld or
delayed unless specified otherwise herein.
9.8 Brokerage Commissions. The Agency shall not be liable for any real estate commission or
brokerage fees which may arise from this Agreement or the Project. Each party represents that it has
engaged no broker, agent, or finder in connection with the transactions contemplated by this Agreement.
The Agency agrees to hold the Developer harmless from any claim made by any broker, agent or finder
claiming compensation by reason of any dealing with the Agency, .and the Developer agrees to hold the
Agency harmless from any claim by any broker, agent or finder claiming compensation by reason of any
dealing with the Developer.
9.9 Approvals in Writing. Any approvals required or permitted under the terms of this
Agreement shall be in writing and signed by the party hereto against whom such approval is asserted, or its
designed representative, with the right to approval.
11087\0016\681299.5
9.10 Entire Agreement. This Agreement may be executed in counterparts, each of which is
deemed to be an original. This Agreement, together with all attachments and exhibits hereto, constitutes the
entire agreement between the parties hereto, and there shall be no other agreement regarding the subject
matter hereof unless signed in writing by the party to be charged. This Agreement supersedes all
negotiations or previous agreements between the parties, oral or written, with respect to all or any part of the
subject matter hereof.
9.11 Disbursements in Excess of Maximum Amount of Aeencv Assistance. In the event the total
disbursements by the Agency exceed the maximum mount of Agency Assistance, the total of all
disbursements shall be secured by the Deed of Trust.
9.12 Time for Accemance. This Agreement, when executed by the Developer and delivered to the
Agency, may be withdrawn by the Developer on written notice to the Agency if not executed and delivered
by the Agency within thirty (30) days after the date of submission of the executed Agreement to the Agency.
The date of execution of this Agreement shall be the date when this Agreement is signed by the Agency.
9.13 No Waiver; Remedies Cumulative. No disbursement of proceeds of the Agency Assistance
shall constitute a waiver of any conditions to further disbursements nor, in the event the Developer is unable
to satisfy any such conditions, shall any such waiver have the effect of precluding the Agency from thereafter
declaring such inability to constitute a default under this Agreement. No disbursement of Agency Assistance
proceeds based upon inadequate or incorrect information shall constitute a waiver of a right to receive a
refund thereof. No failure or delay on the part of the Agency in the exercise of any power, right or privilege
hereunder or under any of the other Agency Documents shall impair such power, right or privilege or be
construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any
such power, right or privilege preclude any other or further exercise ~:hereof or of any other right, power or
privilege. All rights and remedies existing under this Agreement or the other Agency Documents are
cumulative to and not exclusive of any rights or remedies otherwise available. The Agency's acceptance of
less than the entire amount due for any payment on the Promissory Nnte shall not constitute a waiver by the
Agency to thereafter demand the entire amount due.
9.14 No Third Party Beneficiaries. This Agreement is made for the sole protection of the Agency
and the Developer and their respective permitted successors and assigns, and no other person or entity shall
have any right of action hereon, nor should any laborer, materialman, subcontractor, or other third party rely
upon the funds deposited hereunder as a source of payment for work clone or labor and/or materials supplied
in respect to the Improvements contemplated hereunder or otherwise, notwithstanding any representation to
the contrary made by the Developer, contractor or any other person. This Agreement, the Promissory Note,
Deed of Trust, the Regulatory Agreement, and the other Agency Documents contain all of the terms and
conditions agreed to by the Developer and the Agency, and no other agreement regarding the subject matter
of this Agreement, unless it is in writing and signed by the Agency and the Developer, shall be deemed to
exist or to bind any party hereto.
{Signatures on following page}
11087100161681299.5
-29-
1N WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first
written above.
Agency: Developer:
TEMECULA REDEVELOPMENT AGENCY
a public body, corporate and politic
AFFIRMED HOUS1NG PARTNERS -
TEMECULA, LLC, a Califomia limited liability
company
By: By:
Jeff Comerchero, Chairperson
AFFIRMED HOUSING GROUP, a
Califorrtia corporation, its Manager
Attest: By:
James Silverwood, President
Susan W. Jones, CMC
Agency Secretary
APPROVED AS TO FORM:
Richards, Watson & Gershon,
a professional corporation
By:
Peter M. Thorson, Agency Counsel
By:
, Secretary
11087\0016\681299.5
-30-
Exhibit A
Legal Description of the Site
[To be attached]
11087\0016\681299.5
A-!
Sixth Street Project
Legal descriptions
APN 922-052-011
The Southeast 155 feet of Lots 1 and 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15 Page, 726 of Maps, Records of San Diego
County, California.
APN 922-052-010
The Northwesterly 145 feet of Lot 1 in Block 38 of the Town of Temecula, and
the Northwesterly 145 feet of Lot 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15, Page 726 of Maps, San Diego County Records.
APN 922-052-007
The Southeasterly 140 feet of Lot 4 in Block 38 of the Town of Temecula,
recorded in Book 15, Page 726 of Maps, Records of San Diego County.
Excepting therefrom that portion thereof included in the alley on the Northeast
thereof.
APN 922-052-004
992-052-005
992-052-006
Lots 1, 2 & 3 in Block 39, in the County of Riverside, State of California, as per
map filed of the Town of Temecula in Book 15, Page 726 of Maps, in the Office
of the County Recorder of San Diego County.
Together with all riparian rights to the waters in the watershed of the Santa
margarita River and its tributaries that may belong to or be appurtenant to the
above-described lands, reserving to the retained lands of grantor all riparian rights
to the waters in the watershed of the Santa Margarita River and its tributaries that
may belong to or be appurtenant to said retained lands. It is the intention of
grantor to convey hereby all water rights and privileges which pertain to the
above-described lands, and to reserve hereby all water rights and privileges which
pertain to the retained lands of grantor. Provided, however, grantee shall have no
rights to develop, pump, extract or divert by either conduits, canals, pumping
plants or other devices, water from the Santa Margarita River and its tributaries,
and all percolating water.
APN 922-053-004
The Northeasterly 120 feet of the Southwesterly 240 feet of the Northwesterly 70
feet of the following described parcel;
The Northwesterly half of that tract of land formerly used as a railroad right of
way and station grounds of the Atchison, Topeka and Santa Fe Railroad
Company, conveyed to N.R. Vail et al by deed recorded June 11, 1940 in Book
464 Page(s) 505 of Official Records of Riverside County, California, said
property being described as follows;
Beginning at the most Southerly comer of Lot 1 in Block 27, as shown by map of
Temecula on file in Book 15 Page 726 of Maps, Records of San Diego County,
California;
Thence Southwesterly, in a straight line, to the most Easterly comer of Lot 1 in
Block 36, as shown by said Map;
Thence Northwesterly, in a straight line, to the most Northerly comer of Lot 10 in
Block 37, as shown on said Map;
Thence Northeasterly, in a straight line, to the most Westerly comer of Lot 22 in
Block 25, as shown on said Map;
Thence Southeasterly, in a straight line, to the point on beginning;
Said property is also situated in a unincorporated area of Riverside County.
Exhibit B
Site Map
[To be attached]
11087\0016\681299.5
B-!
I
Exhibit C
Form of Promissory Note
[To be attached]
11087\0016\681299.5
C-1
PROMISSORY NOTE SECURED BY DEEr) OF TRUST
$459,OO0.0O
Temecula, California
RECITALS
A. AFFIRMED HOUS1NG PARTNERS - TEMECULA, LLC, a California limited
liability company (the "Developer"), owns that certain real property generally located on the
north side of Sixth Street in the City of Temecula, County of RJ:verside, State of California (the
"Property"). legally described as set forth in the Deed of Trust, :Security Agreement and Fixture
Filing (with Assignment of Rents) securing this Note and dated on or about the same date hereof
(the "Deed of Trust").
B. Pursuant to that certain Disposition and Development Agreement by and between
Developer and THE TEMECULA REDEVELOPMENT AGENCY, a public body, corporate and
politic (the "Agency"), dated as of February 26, 2002 (the "DiDA"), the Developer intends to
construct fourteen (14) new single-family detached homes and three (3) rehabilitated single-
family detached homes on the Property, for a total of seventeen (17) homes (collectively, the
"Units"), to be commonly known as the "Sixth Street Housing Project" (the "Project"), which
Units are to be sold exclusively to persons and families of low or moderate income as defined in
Section 50093 of the California Health and Safety Code. The DDA and all exhibits thereto are
incorporated herein by this reference as though fully set forth herein. Any capitalized term not
otherwise defined in this Note shall have the meaning ascribed to. such term in the DDA.
C. Pursuant to Section 2.6 of the DDA, the Developer is obligated to pay to the
Agency an amount equal to fifty percent (50%) of the actual gross sales proceeds received (the
"Gross Sales Proceeds") in excess of the applicable Threshold Sales Price (as defined in Section
2.6.2 of the DDA) for each Unit of the Project, as evidenced by this Promissory Note.
1. Principal Dates and Terms.
For value received, Developer promises to pay to the order of the Agency at Post
Office Box 9033, 43200 Business Park Drive, Temecula, California 92589-9033, or at such other
place as Agency may from time to time designate in writing, a principal amount of up to Four
Hundred Fifty-Nine Thousand Dollars ($459,000.00) or so much thereof as shall from time to
time be disbursed hereunder, with interest from and after the dale of this Note at a fixed rate per
annum equal to ZERO PERCENT (0%). This Note is issued pursuant to, entitled to the benefits
of, and referred to as the Promissory Note in the DDA. The DDA and the documents and
instruments executed by Developer in connection with the Project, including but not limited to
this Note, the Deed of Trust, the UCC-1 Financing Statement, all as described in the DDA, are
sometimes collectively referred to herein as the "Agency Documents."
R:~ltousing200 BPromisso~,NoteforAffirmedHousingOroupSixthStrecthousingproject DOC
2. Payment Dates and Terms.
a. Pumose of Note. This Note shall evidence Developer's contingent deferred
obligation to pay up to Four Hundred Fifty-Nine Thousand Dollars $459,000.00 of the
Profit Distribution (as defined below). Agency and Developer acknowledge that the
principal sum of this Note is based upon an estimate of the highest possible amount that
could potentially be realized from the sale of all of the Units, as based upon an analysis
prepared by the Agency's consultant. Developer makes no representation or warranty
that any of the Units will be sold in excess of the applicable Threshold Sales Price (as
defined in Section 2.6.2 of the DDA).
b. Profit Distribution. Developer shall be obligated to pay to Agency an amount
equal to fifty percent (50%) of the actual Gross Sales Proceeds received in excess of the
applicable Threshold Sales Price (as defined in Section 2.6.2 of the DDA) from the sale
of each Unit of the Project (the "Profit Distribution") as and when set forth below. The
Profit Distribution shall be calculated as follows:
(i) Statement Upon Sale of 14th Unit. Within thirty (30) days after the close
of escrow for the sale of the fourteenth (14th) Unit, Developer shall:
(1) Prepare and submit to Agency a statement ("Statement") containing
the following information and calculations:
Actual Gross Sales Proceeds from the sale of all fourteen
(14) Units, as evidenced by escrow closing statements for
each Unit sold; and
Calculation of the adjusted Profit, that is, the actual Gross
Sales Proceeds less Develolper's cost.
(2) Estimate the amount of the Profit Distribution to be paid to the Agency
from the sale of all the Units ("Estimated Profit Distribution"). Such Estimated Profit
Distribution shall be based upon the actual Gross Sales Proceeds received from the sale
of the first fourteen (14) Units and a reasonable projection of the Gross Sales Proceeds to
be received for the sale of the remaining three (3) Units; ~md
(3) Any actual Profit Distribution owed to the Agency from the sale of the
14 Units shall be paid in cash directly to Agency with the: Statement.
(ii) Aeencv's Draw Down Riehts Upon Sale of 15th - 17th Unit. Within thirty
(30) days after the close of escrow for the sale of the fifteenth (15th) Unit, and within
thirty (30) days after the close of escrow for the sale of each Unit thereafter, Developer
shall:
(1) Prepare and submit to Agency a calculation of the actual Gross Sales
Proceeds received by Developer from the sale of such Unit, along with all supporting
11087~0016\681576.4 - 2 -
sales documentation; and
(2) Prepare and submit to Agency a calculation of the actual Profit
Distribution owed to the Agency from the sale of such Unit and pay same to the Agency.
.(iii) Final Statement. Within sixty (60) days ~er the close of escrow for the
sale of the 17th Unit, or within two (2) years after the execution of the DDA, whichever
occurs first, Developer shall:
(1) Prepare and submit to Agency a final statement (the "Final
Statement") containing the following information and calculations:
Actual Gross Sales Proceeds from the sale of all Units sold
as of the date of the Final Statement, as evidenced by
escrow closing statements fur each Unit sold;
Calculation of the adjusted Profit, that is, the actual Gross
Sales Proceeds less Developer's cost; and
Any backup information reasonably requested by Agency,
all as of the date of such Final Statement. The Final
Statement shall be accompanied by a certificate of an
independent certified public accountant reasonably
approved by the Agency attesting to the accuracy of the
Final Statement.
(2) Calculate the total actual Profit Distribution owed to the Agency from
the sale of all Units and pay same to the Agency, and Agency shall cancel this Note and
fully release the Deed of Trust; and
(3) If, after the sale of the 17th Unit, the Final Statement evidences that
Developer did not realize any Profit Distribution, Developer shall not be obligated to
make any further payments to Agency on this Note, and Agency shall cancel this Note
and fully release the Deed of Trust.
c. Agency's Right to Audit. Agency shall have the fight upon forty-eight (48)
hours' notice (excluding weekends and holidays) at all reasonable times to inspect and
audit the books and records of Developer pertaining to the Property as pertinent to the
purposes of this Section and this Note. The books and records referred to in this Section
shall be maintained or made available in a single location in San Diego County.
d. Acceleration.
(i) Failure to Complete Construction. In the event Developer falls to
complete construction of seventeen (17) Units within eighteen (18) months after issuance
of building permits for the Project, the total amount of Agency Assistance provided by
I I087\0016\681576.4 - 3 -
the Agency to the Developer for the Project shall immediately become due and payable,
and Agency shall have the right to exercise any remedies available to it under law or at
equity or under the DDA, this Note, or the Deed of Trust, including, but not limited to,
the fight to foreclose on the Property or Units, as the case may be; provided that, if
Agency forecloses non-judicially on the Property or Units, then this Note shall be
canceled and no payments shall be required under this Note thereafter, and if Agency
makes this Note immediately due and payable and receives the total amount of the
Agency Assistance from Developer in cash, then Agency shall not foreclose on the
Property or Units.
(ii) Failure to Sell Units. In the event Developer fails to sell all
seventeen (17) Units within twenty-four (24) months after issuance of building permits
for the Project, the total amount of the Agency Assistance shall immediately become due
and payable, and Agency shall have the right to exercise any remedies available to it
under law or at equity or under the DDA, this Note, or the Deed of Trust, including, but
not limited to, the right to foreclose on the Property or Units, as the case may be.
3. Prepayment.
Developer may prepay the outstanding principal l:.alance under this Note, in whole
or in part, and other sums owed to Agency under this Note, at any time without penalty.
4. Lawful Money.
All amounts shall be payable in lawful money oflhe United States of America.
5. Al>plications of Payments; Late Chames.
a. Any payments received by Agency pursuant to the terms hereof shall be
applied first to sums, other than principal, due Agency 1oursuant to this Note, next to the
payment of interest, if any, due Agency pursuant to this Note, then to reduce principal.
b. If any payment is not received by Agency wilhin ten (10) days following the
due date thereof, then in addition to the remedies conferred upon Agency pursuant to
Section 9 hereof and the other Agency Documents, a late charge of five percent (5%) of
the mount due and unpaid shall be added to the delinquent amount to compensate
Agency for the expense of handling the delinquency, computed from the date on which
the amount was due and payable until paid. Without prejudice to the rights of Agency
hereunder or under any of the other Agency Documents, Developer shall indemnify
Agency against, and shall pay Agency on demand, any expense or loss which it may
sustain or incur as a result of the failure by Developer to pay when due any installment of
interest and/or principal, fees, or other amounts payable to Agency under this Note or any
other Agency Document, to the extent that any such expense or loss is not recovered
pursuant to such foregoing provisions.
11087\0016\681576.4 - 4 -
6. Security.
This Note is secured by a Deed of Trust and the other Agency Documents, which
instruments create a lien on that certain real property described therein. The Deed of Trust shall
be executed, acknowledged and delivered to the Agency by Developer prior to the disbursement
of any of the Agency Assistance (as defined in the DDA), and shall be recorded against the
Property with the Riverside County Recorder's Office.
The Deed of Trust shall be released in seventeen (17) increments, with a partial
release of the Deed of Trust to be recorded at the time of sale of each of the Units. A full release
of the Deed of Trust shall be recorded at the time this Note is paid in full or otherwise canceled
pursuant to this Note or the DDA. All releases of the Deed of Trust shall be recorded in the
Riverside County Recorder's Office.
7. Acceleration by Reason of Transfer or Financing.
Prior to the repayment in full of this Note and the full release and reconveyance of
the Deed of Trust, the Developer shall not assign or attempt 1:o assign the DDA or any right
therein, nor make any total or partial sale, transfer, conveyance or assignment of the whole or
any part of the Property, the Project thereon, or any portion thereof or interest therein (referred to
hereinafter as a "Transfer"), without the prior written consent of' the Agency except as otherwise
permitted in the DDA or the Deed of Trust.
In the event of a Transfer without the prior written consent of the Agency which
consent may be withheld in the Agency's sole and absolute discretion, then, at Agency's option,
Agency may declare the outstanding principal amount of this Note and the interest accrued
thereon, and all other sums secured hereby, to be due and payable immediately, and upon such
declaration, such principal and interest and other sums shall immediately become and be due and
payable.
8. Event of Default.
a. The occurrence of any of the following shall be deemed to be an event of
default by the Developer ("Event of Default") hereunder:
(1) Default in making any payment when due pursuant to the terms hereof; or
(2) The occurrence of an Event of Default under the DDA, the Deed of Trust,
the Regulatory Agreement (as defined in the DDA), or any other of the Agency Documents, now
or hereafter securing this Note (including any amendment, modification or extension thereof).
b. Before exercising any remedies, Agency shall give written notice of default to
Developer, specifying the Event of Default. Failure or delay in giving such notice shall not
constitute a waiver of any Default, nor shall it change the time of Default. Except as otherwise
expressly provided in this Note, any failures or delays by Agency in asserting any of its rights
and remedies as to any Event of Default shall not operate as a waiver of any Default or of any
11087\0016\681576.4 - 5 -
such rights or remedies. Delays by Agency in asserting any of its rights and remedies shall not
deprive Agency 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.
c. If a monetary Event of Default occurs, prior to exercising any remedies,
Agency shall give Developer written notice of such Default. Developer shall have a period of
ten (10) days after such notice is given within which to cure the Event of Default prior to
exercise of remedies by Agency.
d. If a non-monetary Event of Default occurs, prior to exercising any remedies,
Agency shall give Developer notice of such Default. If the Default is reasonably capable of
being cured within thirty (30) days, Developer shall have such period to effect a cure prior to
exercise of remedies by Agency. If the Default is such that it is not reasonably capable of being
cured within thirty (30) days, and Developer (1) initiates corrective action within said period, and
(2) diligently, continually, and in good faith works to effect a cure as soon as possible, then
Developer shall have such additional time as is reasonably necessary to cure the Default prior to
exercise of any remedies by Agency. In no event shall Agency be precluded from exercising
remedies if its fights become or are about to become materially jeopardized by any failure to cure
a Default or the Default is not cured within ninety (90) days after the first notice of Default is
given.
e. The cure periods set forth in this Section 8 shall mn concurrently with the
applicable cure period in the other Agency Documents.
9. Remedies.
Upon the occurrence of an Event of Default and the expiration of any applicable
cure period therefor, then, at the option of Agency, the entire balance of principal with all
accrued interest thereon, together with other amounts owed by Developer to Agency under this
Note and the Deed of Trust, shall, without demand or notice, immediately become due and
payable. No delay or omission on the part of Agency in exercising any right under this Note or
under any of the other Agency Documents shall operate as a waiver of such right. Upon the
occurrence of any Event of Default (and so long as such Event of Default shall continue), the
entire balance of principal together with other amounts owed by Developer to Agency under this
Note and the Deed of Trust shall bear interest at the then applicable interest rate set forth in this
Note plus five percent (5%) (the "Default Rate"). No delay or omission on the part of Agency in
exercising any right under this Note or under the Deed of Trust shall operate as a waiver of such
fight.
10. Waiver.
Developer hereby waives diligence, presentment, protest and demand, notice of
protest, dishonor and nonpayment of this Note, and expressly agrees that, without in any way
affecting the liability of Developer hereunder, Agency may extend any maturity date or the time
for payment of any installment due hereunder, accept additional security, release any party liable
11087\0016\681576.4 - 6 -
hereunder and release any security now or hereafter securing, this Note. Developer further
waives, to the fullest extent permitted by law, the right to plead any and all statutes of limitations
as a defense to any demand on this Note, or on any deed of trust, security agreement, guaranty or
other agreement now or hereafter securing this Note.
11. A~omeys' Fees.
.If this Note is not paid when due or if any Event of Default occurs, Developer
promises to pay all costs of enforcement and collection, including but not limited to reasonable
attorneys' fees, whether or not any action or proceeding is brought to enfome the provisions
hereof.
12. Severabilit¥.
Every provision of this Note is intended to be severable. In the event any term or
provision hereof is declared by a court of competent jurisdiction to be illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and
provisions hereof, which terms and provisions shall remain binding and enforceable.
13. Number and Gender.
In this Note the singular shall include the plural and the masculine shall include
the feminine and neuter gender, and vice versa, if the context so requires.
14. Non-Recourse Provision.
a. Except as provided in paragraph b. below to the contrary, the Agency shall not
be entitled to obtain a personal or deficiency judgment for nonpayment of the maximum
outstanding principal amount of this Note.
b. Nothing in this provision shall prejudice the right of the Agency as against the
Developer or against any other entity under any policy of insurance or other agreement
which the Developer or such other entity may have given the Agency that does not create
personal liability on the part of the Developer for payment under this Note. Moreover,
notwithstanding paragraph a., above, the Developer shall be fully liable to the Agency,
and the Agency shall be entitled to obtain a personal or deficiency judgment in the
amount of all loss and damage suffered by the Agency (including but not limited to
attorneys' fees and costs), as a result of (i) the Developer's intentional fraud or
intentional misrepresentation of the Developer to the Agency, (ii) misapplication or
wrongful retention of sales proceeds or casualty insurance or condemnation proceeds
attributable to the Property, (iii) the Developer's removali of personal property or fixtures
from the Property in violation of the provisions of the Deed of Trust, (iv) the commission
of any act of deliberate waste with respect to the Property by the Developer, (v) any
losses suffered or liability incurred as a result of the Developer's use of hazardous or
toxic material or wastes on the Property or any losses suffered or liability incurred by the
Agency due to the presence of hazardous or toxic material or wastes on the Property, or
11087~0016\681576.4 - 7 -
(vi) the Developer's failure to pay all taxes and assessments levied against the Property.
The Developer's failure to rebuild the Project following a casualty shall not constitute
deliberate waste if such failure is due to the unavailability of insurance proceeds
following a casualty which the Developer is not required 'to insure under the DDA.
15. Inconsistency with DDA.
In the case of any inconsistency between the provisions of this Note and the
DDA, the provisions of this Note shall prevail.
"DEVELOPER"
AFFIRMED tt0USING PARTNERS -
TEMECULA, LLC, a California limited liability
company
By: AFFIRMED HOUSING GROUP,
a California corporation, its Manager
Date: By:
James Silverwood, President
By:
, Secretary
11087~0016\681576.4 - 8 -
Exhibit D
Form of Deed of Trust
[To be attached]
11087\0016\681299.5
D-!
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
City of Temecula
43200 Business Park Drive
Temecula, California 92590
Attention: City Clerk
Exempt from recording fees pursuant to Gov. Code Sec. 6103 & 27383
(Space Above This Line for Recorder's Use)
DEED OF TRUST,
SECURITY AGREEMENT AND FIXTURE FILING
(WITH ASSIGNMENT OF RENTS)
This Deed of Trust, Security Agreemem and Fixture Filing (With Assignmem of Rems)
is made as of February 26, 2002, by AFFIRMED HOUSING PARTNERS - TEMECULA, LLC,
a California limited liability company (hereinafter referred to as "Trustor"), whose address is 200
East Washington Avenue, Suite 208, Escondido, California 92025; Telephone: (760) 738-8401;
Fax: (760) 738-8405, to Title Company, a
(hereinafter called "Trustee"), for the benefit of THE TEMECULA REDEVELOPMENT
AGENCY, a public body, corporate and politic (hereinafter called "Beneficiary"), whose address
is Post Office Box 9033, 43200 Business Park Drive, Temecula, California 92589-9033;
Telephone: (909) 694-6444; Fax: (909) 694-1999.
The Trustor grants, transfers and assigns to the Trustee in trust, upon the trusts,
covenants, conditions and agreements and for the uses and putt)oses hereinafter contained, with
power of sale, and right of entry and possession, all of its right, title and interest in that certain
real property (the "Site") in the City of Temecula, County of Riverside, State of California,
described in Exhibit A attached hereto and incorporated herein by this reference.
Together with the Trustor's imerest in all buildings, :structures and improvements of
every nature whatsoever now or hereafter situated on the Site; and
Together with the rems, issues and profits thereof; and together with all buildings and
improvements of every kind and description now or hereafter erected or placed thereon, and all
fixtures, including but not limited to ali gas and electric fixtures, engines and machinery,
radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers,
stoves, ranges, elevators and motors, bathtubs, sinks, water closets, basins, pipes, faucets and
other plumbing and heating fixtures, mantles, cabinets, refrigerating plant and refrigerators,
whether mechanical or otherwise, cooking apparatus and appurtenances, and all shades, awnings,
screens, blinds and other furnishings, it being hereby agreed that all such fixtures and furnishings
shall to the extent permitted by law be deemed to be permanently affixed to and a part of the
realty; and
RSHousing2001~eed of Trust for Affirmed Housing Group (Sixth Street Project).DOC
11087\0016\681577.3
Together with all building materials and equipment now or hereafter delivered to said
premises and intended to be installed therein; and
Together with all plans, drawings, specifications, etc., and articles of personal property
now or hereafter attached to or used in and about the building or buildings now erected or
hereafter to be erected on the Site which are necessary to the completion and comfortable use
and occupancy of such building or buildings for the purposes tsar which they were or are to be
erected, including all other goods and chattels and personal property as are ever used or
furnished in operating a building, or the activities conducted therein, similar to the one herein
described and referred to, and all renewals or replacements thereof or articles in substitution
therefor, whether or not the same are, or shall be attached to said building or buildings in any
manner.
To have and to hold the property hereinbefore described (including the Site and all
appurtenances), all such property being referred to collectively herein as the "Property," to the
Trustee, its successors and assigns forever.
FOR THE PURPOSE of securing (t) payment of indebtedness of the Trustor to the
Beneficiary in the principal sum of Four Hundred Fifty-Nine Thousand Dollars ($459,000.00), as
evidenced by a promissory note of even date herewith between the Trustor and the Beneficiary
("Note"), together with all sums and other charges due thereunder, and the principal sum of One
Million Five Hundred Seventeen Thousand Dollars ($1,517,000.00), as evidenced by the
Agreement as defined herein (collectively, the "Debt Amount"); (2) the performance of each
agreement of the Trustor in this Deed of Trust and the Note; (3) the performance of each
agreement of the Trustor under that certain Disposition and Dew:lopment Agreement, dated as of
February 26, 2002, by and between the Trustor (the "Developer" therein) and the Beneficiary
("Agency" therein), on file in the Office of the Beneficiary (the "Agreement"); and (4) all
extensions, amendments, modifications or renewals of the ]Note, however evidenced, and
additional advances evidenced by any note reciting that it is secured hereby, The Agreement, the
Note and this Deed of Trust are referred to collectively as the "Agency Documents."
AND TO PROTECT THE SECURITY OF THE DEED OF TRUST, THE TRUSTOR
COVENANTS AND AGREES:
1. That it will pay the Note at the time and in the manner provided therein;
That it will not permit or suffer the use of any of the Property for any purpose other than
the use set forth in the Agreement;
That the Note and Agreement are incorporated herein and made a part of this Deed of
Trust. Upon default under the Note or this Deed of Trust or upon violation of the
Agreement, the Beneficiary, at its option, may declare the whole of the indebtedness
secured hereby to be due and payable;
That all rents, profits and income from the Property covered by this Deed of Trust are
hereby assigned to the Beneficiary for the purpose of discharging the debt hereby
secured. Permission is hereby given to the Trustor, so long as no default exists
11087~0016\681577.3 - 2 -
o
10.
hereunder, to collect such rents, profits and income;
That upon default under any of the Agency Documents, the Beneficiary shall be entitled
to the appointment of a receiver by any court having jurisdiction, without notice, to take
possession and protect the Property described herein and operate same and collect the
rents, profits and income therefrom;
That the Tmstor will keep the improvements now existing or hereafter erected on the
Property insured against loss by fire and such other hazards, casualties and contingencies
as may be required in writing from time to time by the Beneficiary, and all such
insurance shall be evidenced by standard fire and extended coverage insurance policy or
policies. In no event shall the amounts of coverage be: less than one hundred percent
(100%) of the insurable value or not less than the unpaid balance of this Deed of Trust,
whichever is more. (For purposes of this Deed of Trus't insurable value shall mean the
total replacement cost of the improvements.) Such policies shall be endorsed with
standard mortgagee clause with loss payable to the Beneficiary, and certificates thereof
together with copies of original policies shall be deposited with the Beneficiary;
To pay, at least ten (10) days before delinquency, any taxes and assessments affecting
said Property when due, all encumbrances, charges mad liens, with interest, on said
Property or any part thereof which appear to be prior or superior hereto, all costs, fees
and expenses of this Trust;
To keep said Property in good condition and repair, and not to remove or demolish any
buildings thereon (except for the remodeling of three existing homes); to complete or
restore promptly and in good and workmanlike manner any building which may be
constructed, damaged, or destroyed thereon and to pay when due all claims for labor
performed and materials furnished therefor (unless contested in good faith if the Trustor
provides security satisfactory to the Beneficiary that any amounts found to be due will be
paid and no sale of the Property or other impairment of the security hereunder will
occur); to comply with all laws affecting said Property' or requiring any alterations or
improvements to be made thereon; not to commit or pem~it waste thereof; not to commit,
suffer or permit any act upon said Property in violation of law and/or covenants,
conditions and/or restrictions affecting said Property',; not to permit or suffer any
alteration of or addition to the improvements hereafter constructed in or upon said
Property without the consent of the Beneficiary;
To appear in and defend any action or proceeding purporting to affect the security hereof
or the rights or powers of the Beneficiary or the Trustee, and to pay all costs and
expenses, including cost of evidence of title and attorneys' fees in a reasonable sum, in
any such action or proceeding in which the Beneficiary or the Trustee may appear;
Should the Trustor fail to make any payment or do any act as herein provided, then the
Beneficiary or the Trustee, but without obligation so to do and without notice to or
demand upon the Trustor and without releasing the Trustor from any obligation hereof,
may make or do the same in such manner and to such extent as either may deem
necessary to protect the security hereof. The Beneficiary or the Trustee being authorized
11087\0016\681577.3 - 3 -
to enter upon said Property for such purposes, may commence, appear in and/or defend
any action or proceeding purporting to affect the security hereof or the rights or powers
of the Beneficiary or the Trustee; may pay, purchase, contest or compromise any
encumbrance, charge, or lien which in the judgment of either appears to be prior or
superior hereto; and, in exercising any such powers, may pay necessary expenses, employ
counsel, and pay its reasonable fees;
11.
The Beneficiary shall have the right to pay fire and other property insurance premiums
when due should the Trustor fail to make any required premium payments. All such
payments made by the Beneficiary shall be added to the principal sum secured hereby;
12.
To pay immediately and without demand all sunrs so expended by the Beneficiary or the
Trustee, under permission given under this Deed of Trust, with interest from date of
expenditure at the highest rate of interest permitted by law, after an Event of Default;
13.
That the Debt Amount is in consideration for Trustor's agreement to use the Property in
accordance with the Agency Documents; and upon the fifilure of the Tmstor to keep and
perform all the covenants, conditions and restrictions of any of the Agency Documents,
the principal sum and all other charges provided for in tlae Note shall at the option of the
Beneficiary become due and payable, anything contained herein to the contrary
notwithstanding;
14.
The Tmstor further covenants that it will not voluntarily create, suffer or permit to be
created against the Property subject to this Deed of Trust any lien or liens except as
authorized by the Beneficiary and further that it will keep and maintain the Property free
from the claims of all persons supplying labor or materials which will enter into the
construction of any and all improvements now being constructed or to be constructed on
the Property;
15.
That any and all improvements made or about to be marie on the Property, and all plans
and specifications, shall comply with all applicable municipal ordinances and regulations
and all other regulations made or promulgated, now or hereafter, by lawful authority, and
that the same will upon completion comply with alt such municipal ordinances and
regulations and with the rules of the applicable fire rating or inspection organization,
bureau, association or office;
16.
The Trustor herein agrees to pay to the Beneficiary or to the authorized financial
servicing representative of the Beneficiary a charge not lo exceed $15.00 for providing a
statement regarding the obligation secured by this Deed of Trust as provided by Section
2954, Article 2, Chapter 2, Title 14, Division 3 of the California Civil Code,
IT IS MUTUALLY AGREED THAT:
17.
If the construction of any improvements as herein referred to shall not be carded on with
reasonable diligence, or shall be discontinued for more than fourteen (14) days for any
reason other than strikes or lockouts, the Beneficiary, after due notice to the Trustor or
any subsequent owner, is hereby vested with full and complete authority to enter upon the
11087\0016\681577.3 - 4 -
18.
19.
20.
Property, employ watchmen to protect such improvements from depreciation or injury
and to preserve and protect the personal property therein, and to continue any and all
outstanding contracts for the erection and completion af said building or buildings, to
make and enter into any contracts and obligations wherever necessary, either in its own
name or in the name of the Trustor, and to pay and discharge all debt, obligations and
liabilities incurred thereby. All such sams so advanced by the Beneficiary (exclusive of
advances of the principal of the indebtedness secured hereby) shall be added to the
principal of the indebtedness secured hereby and shall be secured by this Deed of Trust
and shall be due and payable on demand with interest at the highest rate of interest
permitted by law;
Should the Property or any part thereof be taken or damaged by reason of any public
improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any
other manner, the Beneficiary shall be entitled to all compensation, awards, and other
payments or relief therefor, and shall be entitled at its oplion to commence, appear in and
prosecute an its own name, any action or proceedings, or to make any compromise or
settlement, in connection with such taking or damage. All such compensation, awards,
damages, rights of action and proceeds, including the proceeds of any policies of fire and
other insurance affecting said Property, are hereby assigned to the Beneficiary. After
deducting therefrom all its expenses, including attorneys' fees, the balance of the
proceeds shall be applied to the amount due under the Note secured hereby. No amount
applied to the reduction of the principal shall relieve the Trustor from making additional
payments as required by the Note;
Upon default by the Trustor in making any payments provided for herein or in the Note
secured hereby, or if the Trustor shall fail to perform any covenant or agreement in any of
the Agency Documents within thirty (30) days after written demand therefor by the
Beneficiary (or, in the event that more than thirty (30) days is reasonably required to cure
such default, should the Trustor fail to promptly commence such cure, and diligently
prosecute same to completion),..the Beneficiary may daclare all sums secured hereby
immediately due and payable by delivery to the Trustee of written declaration of default
and demand for sale, and of written notice of default and of election to cause the Property
to be sold, which notice the Trustee shall cause to be duly filed for record, and the
Beneficiary may foreclose this Deed of Trust. The Beneficiary shall also deposit with the
Trustee this Deed of Trust, the Note and all documents evidencing expenditures secured
hereby;
After the lapse of such time as may then be required by law following the recordation of
said notice of default, and notice of sale having been given as then required by law, the
Trustee, without demand on the Trustor, shall sell said Property at the time and place
fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order
as it may determine at public auction to the highest bidder for cash in lawful money of
the United States, payable at time of sale. The Trustee may postpone sale of all or any
portion of said Property by public announcement at the time and place of sale, and from
time to time thereafter may postpone the sale by public announcement at the time fixed
by the preceding postponement. The Trustee shall deliver to the purchaser its deed
11087\0016\681577.3 - 5 -
21.
22.
23.
24.
25.
conveying the property so sold, but withom any covenant or warranty, express or implied.
The recitals in the deed of any matters or facts shall be conclusive proof of the
truthfulness thereof. Any person, including the Trustor, the Trustee or the Beneficiary,
may purchase at the sale. The Trustee shall apply the proceeds of sale to payment off (a)
the expenses of such sale, together with the reasonable expenses of this trust including
therein the Trustee's fees or attorneys' fees for conducting the sale, and the actual cost of
publishing, recording, mailing and posting notice of the sale; (b) the cost of any search
and/or other evidence of title procured in connection wi':h such sale and revenue stamps
on the Trustee's deed; (c) all sums expended under the terms hereof, not then repaid; (d)
all other sums then secured hereby; and (e) the remainder, if any, to the person or persons
legally entitled thereto;
The Beneficiary may from time to time substitute a successor or successors to the Trustee
named herein or acting hereunder to execute this Deed of Trust. Upon such appointment,
and without conveyance to the successor trustee, the latter shall be vested with all title,
powers, and duties conferred upon the Trustee herein named or acting hereunder. Each
such appointment and substitution shall be made by written instrument executed by the
Beneficiary, containing reference to this Deed of Trust and its place of record, which,
when duly recorded in the proper office of the county or counties in which the Property is
situated, shall be conclusive proof of proper appointment of the successor trustee;
The pleading of any statute of limitations as a defense to any and all obligations secured
by this Deed of Trust is hereby waived to the fullest extent permissible by law;
This Deed of Trust shall be released in seventeen (17) increments, with a partial release
of this Deed of Trust to be recorded at the time of sale of each of the Units (as defined in
the Agreement). A full release of this Deed of Trust shall be recorded at the time the Note
is paid in full or otherwise canceled pursuant to the Note or the Agreement. All releases
of the Deed of Trust shall be recorded in the Riverside County Recorder's Office.
Additionally, at such time as the Note is paid in full or o~:herwise canceled pursuant to the
Note or the Agreement, the Beneficiary may submit a written request stating that all sums
secured hereby have been paid or forgiven pursuant to the Note or Agreement, and upon
surrender of this Deed of Trust and the Note to the Trustee for cancellation and retention
and upon payment of its fees, the Trustee shall reconvey, without warranty, the property
then held hereunder. The recitals in such reconveyance of any matters of fact shall be
conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be
described as "the person or persons legally entitled thereto;"
The trust created hereby is irrevocable by the Trustor;
This Deed of Trust applies to, inures to the benefit of; and binds all parties hereto, their
heirs, legatees, devisees, administrators, executors, successors and assigns. The term "the
Beneficiary" shall include not only the original Beneficiary hereunder but also any future
owner and holder, including pledgees of the Note secured hereby. In this Deed of Trust,
whenever the context so requires, the masculine gender includes the feminine and/or
neuter, and the singular number includes the plural;
11087\0016\681577.3 - 6 -
26.
27.
28.
29.
30.
31.
The Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged,
is made public record as provided by law. Except as otherwise provided by law the
Trustee is not obligated to notify any party hereto of l:.ending sale under this Deed of
Trust or of any action or proceeding in which the Trustor, the Beneficiary, or the Trustee
shall be a party unless brought by the Trustee;
The Trustor agrees at any time and from time to time upon receipt of a written request
from the Beneficiary, to furnish to the Beneficiary a detailed statement in writing of
income, rents, profits and operating expenses of the Property, and the names of the
occupants in possession, together with full information regarding all purchase and sale
and occupancy agreements, and such other information regarding the Property and its use
as may be requested by the Beneficiary;
The Trustor shall permit the Beneficiary and its agents or representatives to inspect the
Property at any and all reasonable times with or without advance notice. Inspections
shall be conducted so as not to interfere with the occupants' use and enjoyment of the
Property;
The Debt Amount secured hereby shall be subject to the restrictions set forth in the
Agency Documents, and the Trustor hereby consents to such restrictions and agrees to be
bound ~hereby. Such restrictions shall be in addition to and not in limitation of the fights
of the Beneficiary expressly set forth in this Deed of Trust;
It is hereby expressly agreed and acknowledged by the Trustor and the Beneficiary that
this Deed of Trust is and shall remain a lien on the Property. Except for any loan(s)
obtained by Beneficiary for acquisition of the Property and/or construction of the
improvements on the Property as described in the Agreement, nothing herein shall be
construed to subordinate the covenants, conditions and restrictions of this Deed of Trust
or the provisions of the Agreement to any lien or encumbrance;
For purposes of this Deed of Trust, "Hazardous Materials" shall mean any substance,
chemical, compound or mixture which is (or contains or is the decomposition product of
any substance, chemical compound, or mixture which is):
(a)
a "Hazardous Substance," "Hazardous Material," "Hazardous Waste," or "Toxic
Substance" under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C. §9 9601, et seq., the Hazardous Materials
Transportation Act, 49 U.S.C. 9§ 1801, ~ seq., or the Resource Conservation and
Recovery Act, 42 U.S.C. §9 6901, et seo.;
(b)
an "Extremely Hazardous Waste," a "Hazardous Waste," or a "Restricted
Hazardous Waste," under 9 § 25115, 25117 or 25122.7 of the California Health
and Safety Code, or is listed or identified pursuant to 99 25140 or 44321 of the
California Health and Safety Code;
(c)
a "Hazardous Material," "Hazardous Substance," "Hazardous Waste," "Toxic Air
Contaminant," or "Medical Waste" under 9§ 25281, 25316, 25501, 25501.1,
11087\0016\681577.3 - 7 -
32.
25023.2 or 39655 of the California Health and Safety Code;
(d)
"Oil" or a "Hazardous Substance" listed or identified pursuant to § 311 of the
Federal Water Pollution Control Act, 33 U.S.C. § 1321, as well as any other
hydrocarbonic substance or by-product;
(e)
listed or defined as a "Hazardous Waste," "Extremely Hazardous Waste," or an
"Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California
Code of Regulations;
(13
· listed by the State of California as a chemical known by the State to cause cancer
or reproductive toxicity pursuant to § 25249.9(a) of the California Health and
Safety Code;
(g)
a material which due to its characteristics or interaction with one or more other
substances, chemical compounds, or mixtures, damages or threatens to damage,
health, safety, or the environment, or is required by any law or public agency to
be remediated, including remediation which such law or public agency requires in
order for the Property to be put to any lawful purpose;
(h)
any material whose presence would require remediation pursuant to the guidelines
set forth in the State of California Leaking Underground Fuel Tank Field Manual,
whether or not the presence of such material resulted from a leaking underground
fuel tank;
(i)
pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act,
· 7 U.S.C. §§ 136 et seq.;
(J)
(k)
asbestos, PCBs, and other substances regulated under the Toxic Substances
Control Act, 15 U.S.C. §§ 2601 et se_e_q.;
any radioactive material including, without linfitation, any "source material,"
"special nuclear material," "by-product material," "low-level wastes," "high-level
radioactive waste," "spent nuclear fuel," or "transuranic waste," and any other
radioactive materials or radioactive wastes, however produced, regulated under
the Atomic Energy Act, 42 U.S.C. §§ 2011 et sec]., the Nuclear Waste Policy Act,
42 U.S.C. §§ 10101 et seq., or pursuant to the Califomia Radiation Control Law,
California Health and Safety Code §§ 25800 et seq.,
(1)
regulated under the Occupational Safety and Health Act, 29 U.S.C. §§ 651 et seq.,
or the California Occupational Safety and Health Act, California Labor Code §§
et seq.; and/or
(m)
regulated under the Clean Air Act, 42 U.S.C. §§ 7401 et sea. or pursuant to
Division 26 of the California Health and Safety Code;
In addition to the general and specific representations, covenants and warranties set forth
in the Deed of Trust or otherwise, the Trustor represents, covenants and warrants, with
11087\0016\681577.3 - 8 -
respect to Hazardous Materials, as follows:
Neither the Trustor nor, to the best knowledge of the Trustor, any other person,
has ever caused or permitted any Hazardous Materials to be manufactured,
placed, held, located or disposed of on, under or at the Property or any part
thereof, and neither the Property nor any part thereof or any property adjacent
thereto has ever been used (whether by the Trusror or, to the best knowledge of
the Trustor, by any other person) as a manufacturing site, dump site or storage site
(whether permanent or temporary) for any Hazardous Materials;
The Trustor hereby agrees to indemnify the Beneficiary, its officers, employees,
contractors and agents, and hold the Beneficiary, its officers, employees,
contractors and agents harmless from and against any and all losses, liabilities,
damages, injuries, costs, expenses and claims of any and every kind whatsoever
paid, incurred or suffered by, or asserted against the Beneficiary, its officers,
employees, contractors or agents for, with respect to, or as a direct or indirect
result of, the presence or use, generation, storage, release, threatened release or
disposal of Hazardous Materials on or trader the Property after the date hereof or
the escape, seepage, leakage, spillage, discharge, emission or release of any
HaZardous Materials from the Property after the date hereof (including, without
limitation, any losses, liabilities, damages, injuries, costs, expenses or claims
asserted or arising under CERCLA, any so-called "Superfund" or "Superlien"
law, or any other federal, state or local statute, law, ordinance, code, rule,
regulation, order or decree regulating, relating to or imposing liability or
standards of conduct concerning any Hazardous Materials), regardless of whether
or not caused by, or within the control of the Trust:or;
The Trustor has not received any notice of: (i) the happening of any event
involving the use, spillage, discharge or cleanup of any Hazardous Materials
("Hazardous Discharge") affecting the Trustor. or the Property; or (ii) any
complaint, order, citation or notice with regard to air emissions, water discharges,
noise emissions or any other environmental, health or safety matter affecting the
Trustor or the Property ("Environmental Complaint") from any person or entity,
including, without limitation, the United States Environmental Protection Agency
("EPA"). If the Trustor receives any such notice,' after the date hereof, then the
Trustor shall give, within seven (7) business days thereafter, oral and written
notice of same to the Beneficiary;
Without limitation of the Beneficiary's rights under this Deed of Trust, the
Beneficiary shall have the right, but not the obligation, to enter onto the Property
or to take such other actions as it deems nece:ssary or advisable to clean up,
remove, resolve or minimize the impact of, or otherwise deal with, any such
Hazardous Materials or Hazardous Discharge upon its receipt of any notice from
any person or entity, including without limitation, the EPA, asserting the
existence of any Hazardous Materials or an Environmental Complaint on or
pertaining to the Property which, if true, could result in an order, suit or other
action against the Trustor affecting any part of the Property by any governmental
11087~0016\681577.3 - 9 -
33.
agency or otherwise which, in the sole opinion of the Beneficiary, could
jeopardize its security under this Deed of Trust. All reasonable costs and
expenses incurred by the Beneficiary in the exercise of any such rights shall be
secured by this Deed of Trust and shall be payable by the Trustor upon demand,
together with interest thereon at a rate equal to the highest rate payable under the
Note secured hereby;
The foregoing representations, covenants, inderanities and warranties shall be
continuing and shall be true and correct for the period from the date hereof to the
date of the full release and reconveyance of this Deed of Trust (whether by
payment of the indebtedness secured hereby or foreclosure or action in lieu
thereof), and these representations, covenants, indemnities and warranties shall
survive such release and reconveyance.
Prior to the repayment in full of the Debt Amoum and the full release and reconveyance
of this Deed of Trust, the Trustor shall not assign or attempt to assign the Agreement or
any right therein, nor make any total or partial sale, transfer, conveyance or assignment of
the whole or any part of the Property, any improvement,'; thereon, or any portion thereof
or interest therein (referred to hereinafter as a "Transfer"), without the prior written
consent of the Beneficiary, which consent may be ~vithheld in the sole and absolute
discretion of the Beneficiary, except as otherwise permitted in the Agreement or this
Deed of Trust. Consent to one such transaction shall not be deemed to be a waiver of the
right to require consent to future or successive transactions. If consent should be given,
any such Transfer shall be subject to this Section, and any such transferee shall assume
all obligations hereunder and agree to be bound by all provisions contained herein,
subject to the provisions of paragraph (f) of this Section, below.
Any such proposed transferee shall have the qualifications and financial
responsibility necessary and adequate as may be reasonably determined by the
Beneficiary, to fulfill the obligations undertaken by Trustor in the Agreement and
the Agency Documents. Any such proposed transferee, by instrument in writing
satisfactory to the Beneficiary and in form recordable among the land records of
Riverside County, for itself and its successors and assigns, and for the benefit of
the Beneficiary, shall expressly assume all of the obligations of the Trustor under
the Agreement and the other Agency Document:s, and agree to be subject to all
conditions and restrictions applicable to the Trustor in this Deed of Trust, the
'Note and the Agreement. There shall be submitted to the Beneficiary for review
all instruments and other legal documents proposed to effect any such transfer;
and if approved by the Beneficiary, its approval shall be indicated to the Trustor
in writing.
In the absence of specific written agreement by the Beneficiary, no unauthorized
Transfer, or approval thereof by the Beneficiary:, shall be deemed to relieve the
Trustor or any other party from any obligations under any Agency Document.
In the event of a Transfer without the prior ~vritten consent of Beneficiary, which
consent shall be in Beneficiary's sole and absolute discretion, then, at
11087\0016\681577.3 ~ 10 -
34.
35.
36.
Beneficiary's option, Beneficiary may declare the outstanding principal amount of
the Note and all other sums secured hereby to be due and payable immediately,
and upon such declaration such principal and interest and other sums shall
immediately become and be due and payable.
Notwithstanding paragraphs (a) and (b) of this Section, "Transfer" shall no_~t
include any of the following Permitted Transfers:
(i)
a conveyance of a security interest in the Property to a primary loan
approved in advance by Beneficiary, or the conveyance of title to the
Property in connection with a foreclosure, a deed in lieu of foreclosure or
similar conversion of such loan;
(ii)
Periodic and routine changes in board membership and/or employment of
management staff shall not constitute a Transfer, nor shall a change in not
more than 49% of the directors of Trustor constitute a Transfer;
(iii)
A conveyance of the Property to a new entity shall not constitute a
Transfer if Trustor continues to control not less than fifty-one percent
(51%) of the directors of the entity owning the Property; and
eo
The Beneficiary shall not unreasonably withhold, condition or delay its approval
of any matter for which its approval is required hereunder, except as provided
otherwise herein. Any disapproval shall be: in writing and contain the
Beneficiary's reasons for disapproval.
The following shall constitute an Event of Default by Trustor hereunder:
Failure of the Trustor to pay, when due, principal and any other sums or charges
due under the Note, in accordance with the provisions set forth in the Note; and
b. A breach of the terms, conditions or covenants of any of the Agency Documents.
Upon the occurrence of an Event of Default as described in Section 34, the Trustor shall
be obligated to repay the Debt Amount, and the Beneficiary may, by action, suit or
proceeding at law or in equity, sue for, and enforce payment of any and all amounts due
by the Trustor pursuant to the terms of the Note and/or sue to enforce the performance of
the obligations of the Trustor under any of the Agency iDocuments, subject to the terms
and conditions of said documents;
All expenses (including reasonable attorneys' fees and costs and allowances) incurred in
connection with an action to foreclose, or the exercise of any other remedy provided by
this Deed of Trust, including the curing of any Event of Default, shall be the
responsibility of the Trustor; and
11087\0016\681577.3 - 11 -
37. Each successor owner of an interest in the Property, other than through foreclosure or
deed in lieu of foreclosure, shall take its interest subject to this Deed of Trust.
TRUSTOR
AFFIRMED HOUSING PARTNERS -
TEMECULA, LLC, a California limited
liability company
By:
AFFIRMED HOUSING GROUP, a
Califomia corporation, its Manager
Date:
By: __
James Silverwood, President
By: __
, Secretary
11087\0016\681577.3 - 12 -
Exhibit A
Legal Description of the Site
[To be a~ached]
11087\0016\681577.3 - 13 -
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On before me, __ ,
personally appeared __, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the.. person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) ac'ted, executed the instrument.
WITNESS my hand and official seal.
Signature:
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On before me, __ ,
personally appeared , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
11087~0016\681577.3 - I4 -
Exhibit A
Legal Description of the Site
[To be attached]
11087\0016\681577.3 - 13 -
Sixth Street Project
Legal descriptions
APN 922-052-011
The Southeast 155 feet of Lots 1 and 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15 Page, 726 of Maps, Records of San Diego
County, California.
APN 922-052-010
The Northwesterly 145 feet of Lot 1 in Block 38 of }:he Town of Temecula, and
the Northwesterly 145 feet of Lot 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15, Page 726 of Maps, San Diego County Records.
APN 922-052-007
The Southeasterly 140 feet of LOt 4 in Block 38 of the Town of Temecula,
recorded in Book 15, Page 726 of Maps, Records of San Diego County.
Excepting therefrom that portion thereof included in the alley on the Northeast
thereof.
APN 922-052-004
992-052-005
992-052-006
Lots 1, 2 & 3 in Block 39, in the County of Riverside, State of California, as per
map filed of the Town of Temecula in Book 15, Page 726 of Maps, in the Office
of the County Recorder of San Diego County.
Together with all riparian rights to the waters in the watershed of the Santa
margarita River and its tributaries that may belong to or be appurtenant to the
above-described lands, reserving to the retained lands of grantor all riparian rights
to the waters in the watershed of the Santa Margarita River and its tributaries that
may belong to or be appurtenant to said retained lands. It is the intention of
grantor to convey hereby all water rights and privileges which pertain to the
above-described lands, and to reserve hereby all water rights and privileges which
pertain to the retained lands of grantor. Provided, however, grantee shall have no
rights to develop, pump, extract or divert by either conduits, canals, pumping
plants or other devices, water from the Santa Margarita River and its tributaries,
and all percolating water.
APN 922-053-004
The Northeasterly 120 feet of the Southwesterly 240 feet of the Northwesterly 70
feet of the following described parcel;
The Northwesterly half of that tract of land formerly used as a railroad right of
way and station grounds of the Atchison, Topeka and Santa Fe Railroad
Company, conveyed to N.R. Vail et al by deed recorded June 11, 1940 in Book
464 Page(s) 505 of Official Records of Riverside County, California, said
property being described as follows;
Beginning at the most Southerly comer of Lot 1 in Block 27, as shown by map of
Temecula on file in Book 15 Page 726 of Maps, Records of San Diego County,
California;
Thence Southwesterly, in a straight line, to the most Easterly comer of Lot 1 in
Block 36, as shown by said Map;
Thence Northwesterly, in a straight line, to the most Northerly comer of Lot 10 in
Block 37, as shown on said Map;
Thence Northeasterly, in a straight line, to the most Westerly comer of Lot 22 in
Block 25, as shown on said Map;
Thence Southeasterly, in a straight line, to the point on beginning;
Said property is also situated in a unincorporated area of Riverside County.
Exhibit E
Form of Regulatory Agreement
[To be attached]
11087\0016\681299.5
E-1
Recording Requested By
and when recorded return to:
Temecula Redevelopment Agency
43200 Business Park Drive
Temecula, California 92590
Attention: City Clerk
Exempt from recording fees pursuant to Government Code Sec. 6103 and 27383
REGULATORY AGREEMENT
THIS REGULATORY AGREEMENT (this "Agreement"), entered into as of February 26, 2002,
by and between AFFIRMED HOUSING PARTNERS - TEMECULA, LLC, a" California limited
liability company (the "Owner"), and the TEMECULA REDEVELOPMENT AGENCY, a public body,
corporate and politic (the "Agency") is made with reference to the following facts:
RECITALS
A. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted
Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County
Redevelopment Project No. 1988-1" (the "Plan") in accordance with the provisions of the Community
Redevelopment Law. On December 1, 1989, the City of Temecula was incorporated. The boundaries of
the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City
of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinance Nos. 91-
08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and
transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11
and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed
jurisdiction over the Plan as of July 1, 1991.
B. Agency desires to effectuate the provisions of the Housing Element of the General
Plan of the City of Temecula by providing funds to expand the supply of housing affordable to low or
moderate income people.
C. Owner is the owner of certain real property, including the land and all
improvements to be constructed thereon (hereinafter collectively referred to as the "Property"), within
the Pujol neighborhood generally located on the north side of Sixth Street in the City of Temecula,
County of Riverside, State of California, and is described more parlieularly in Exhibit A attached hereto
and incorporated herein by reference.
D. Owner intends to develop on the Property a seventeen (17) unit detached single-
family housing project, consisting of approximately fourteen (14) newly constructed single-family
detached homes and three (3) rehabilitated single-family detached homes, to be sold exclusively to
persons and families of low or moderate income as defined in Section 50093 of the California Health
and Safety Code (i.e. to families earning up to 120% of Riverside median income), together with the
number of parking spaces approved by the City Council of the City of Temecula (the "Project"). The
Project includes four (4) floor plans, with the homes ranging between 1,220 square feet and nearly 1,800
square feet. The smaller houses shall have 3 bedrooms/2 baths and the larger homes shall have 4
RSltousing2001 hRegulatory Agreement with Affirmed Housing Group (Sixth Street).DOC
bedrooms/3 baths. The rehabilitated houses are generally the same size, but two of the remodels shall
have only 2 bedrooms.
E. To finance the development of the Project, Owner has applied to the Agency for
financial assistance with the development of the Property in the total amount of approximately One
Million Five Hundred Seventeen Thousand Dollars ($1,517,000.00) (the "Agency Assistance"). The
Agency has approved the grant of the Agency Assistance pursuant to the approval granted by Agency on
February 26, 2002, pursuant to the terms and conditions of a Disposition and Development Agreement
(the "DDA") between Owner and Agency dated as of February 26, 2002. Pursuant to the DDA, the
Agency conveyed fee simple title to that portion of the Property which was owned by the Agency to the
Owner and contributed moneys from its Low and Moderate Income Housing Fund. Such Agency
Assistance will be evidenced and secured by a promissory note and deed of trust (the "Promissory Note"
and "Deed of Trust," respectively) to be executed by Owner in favor of Agency.
F. The proposed development of the Property will effectuate the Plan.
G. As an inducement to Agency to provide the .Agency Assistance and to enter into
the DDA, Owner has agreed to enter into this Regulatory Agreement and has consented thereby to be
regulated and restricted by Agency as provided herein and in the DDA, which, inter alia, contains on-
going "use" restrictions which are incorporated herein.
NOW, THEREFORE, Agency and Owner mutually agree as follows:
1. ~ RECITALS. The foregoing recitals are a part of this Agreement.
2. TERM. The term of this Agreement (the "Term") shall commence on the date of
recordation of this Agreement, and shall continue in full force and effect until the forty-fifth (45th)
anniversary of the date on which the full release of all utilities is issued with respect to the
improvements to be constructed on the Property by the City's Dire,gtor of Building and Safety pursuant
to the DDA (the "Expiration Date").
3. NATURE OF COVENANTS, RESERVATIONS AND RESTRICTIONS.
(a) Owner hereby subjects the Property to the covenants, reservations and
restrictions set forth in this Agreement. Agency and Owner hereby declare their express intent that the
covenants, reservations and restrictions set forth herein shall be deemed covenanl[s running with the
land. Each and every contract, deed or other instrument hereafter executed covering or conveying the
Property, or any portion thereof, shall conclusively be held to have been executed, delivered and
accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants,
reservations and restrictions are set forth in such contract, deed or o'ther instruments.
(b) Owner covenants by and for itself, i,ls representatives, its successors and
assigns and every successor in interest to the Property or any pan: thereof, that during construction of
improvements and thereafter Owner shall not use nor permit the use of the Property in violation of the
Plan. Owner further covenants and agrees to comply in all respects with the terms, provisions, and
obligations of Owner set forth in the DDA, which DDA and all ,~anendments thereto are incorporated
herein by this reference. Owner further covenants and agrees for itself, and its successors and its
ass!gns, that Owner and such successors and assigns shall use the Property and every part thereof only
for the construction and operation of a low and moderate income housing project affordable to persons
11087~0.016\681377.4 - 2 -
of low or moderate income, as further provided in the DDA. Owner further covenants and agrees that
upon completion of the Project as described in the DDA, Owner shall thereafter maintain the Property
(including landscaping) in the manner of first class residential planned developments, as further
described herein and in the DDA.
4. SUCCESSORS BOUND. This Agreement and the covenants, reservations,
restrictions and agreements contained herein shall be a burden upon. the Property and shall bind Owner,
its successors, assigns, and every successor-in-interest of the Property. Owner may not assign any of the
benefits of this Agreement, or delegate any of Owner's obligations hereunder, voluntarily or by
operation of law, without the prior written approval of Agency.
5. COVENANTS AND OBLIGATIONS.
(a) Insurance. Owner covenants to keep all improvements from time to time
existing on the Property insured against perils included within t/he general classifications as "fire,"
"extended coverage," "vandalism," "malicious mischief," and "special extended peril," and all such
insurance shall be evidenced by a standard fire and extended coverage insurance policy or policies in an
amount not less than the full replacement cost of the improvements (not including the costs of
foundation concrete and excavation that would not have to be incurred upon replacement of the
improvements). Owner shall also obtain and keep in force, during construction of the Project until
completion thereof, a policy of builder's risk insurance in an amount not less than the total amount of
the insurable improvements being constructed, covering all real and personal property for "all risks" of
loss or "comprehensive perils" coverage including but not limited to the perils of earth movement
including earthquake and flood (if commemially feasible) for all buildings, structures, fixtures,
materials, supplies, machinery and equipment to be used in or incidental to the construction at the
Property, off site, or in transit, for the full replacement value of such properties. Coverage shall be
included for property of others in the care, custody or control of the insured for which any insured may
be liable. If any such insurance coverage has a deductible clause, the deductible amount shall not
exceed Five Thousand Dollars ($5,000.00) per occurrence, and the Owner shall be liable for such
deductible amount. In addition, Owner shall maintain and have in full force and effect, during
construction of the Project and initial sale of the seventeen (17) Units (as defined in Section 6 below), a
"Broad Form Commemial General Liability" insurance policy covering the Property, in a combined
single limit of Three Million Dollars ($3,000,000.00). Such policies shall be endorsed with a standard
mortgagee clause listing Agency as loss payee (in the case of the extended coverage insurance) and an
additional insured (in the case of the liability insurance). A copy of any insurance binders or certificates
of insurance shall be provided to Agency in conjunction with the accounting described in Section 1 l(b)
hereof. Said policies shall provide that they cannot be canceled or terminated without thirty (30) days
prior written notice to Agency. All of the foregoing policies shall be written with insurance companies
licensed to do business in the State of California and rated no lower than A VIII in the most current
edition of A.M. Best's Property Casualty Key Rating Guide. To the extent that the provisions hereof are
inconsistent with the insurance requirements of the DDA, the provisions of the DDA shall control.
(b) Compliance with Buildinff and Health and Safety Codes. Owner
covenants that the Property shall be maintained in substantial conformance with applicable health,
building, and safety codes. Owner further covenants that any construction, renovation, repair or
rehabilitation of the improvements shall be undertaken in compliance with all building codes of the City
of Temecula applicable at the time of such construction, renovation, repair or rehabilitation.
11087\0016\681377.4 - 3 -
(c) Comvliance with Senior Instruments. Owner covenants that the
management, maintenance and occupancy of the Property shall be iii conformance with any trust deeds,
mortgages, or other loan agreement(s) (subject to giving effect to any cure periods following Owner's
default thereunder and the expiration of any cure periods therefor) recorded in senior position to this
Agreement or specifically made superior to this Agreement by a written instrument of Agency.
Violation of any provision of any such trust deeds, mortgages or other loan agreement(s) shall constitute
a violation of the provisions of this Agreement and shall give rise to Agency's remedies under Section
12 hereof.
(d) Obligation to Refrain from Discrimination. Owner covenants that there
shall be no discrimination against any person, or group of persons;, on account of sex, marital status,
race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Property, or any part thereof, and Owner (or any person or entity
claiming under or through Owner) covenants and agrees not to establish or permit any such practice or
practices of discrimination with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants or sublessees of the Property or any part thereof. Owner also agrees to
refrain from any form of discrimination as set forth above pertaining to deeds, leases or contracts.
(e) Form of Nondiscrimination and Non-segreeation Clauses. Owner
covenants that it, its successors and assigns shall refrain from restricting the rental, sale or lease of the
Property, or any portion thereof, in any deed, lease or contract, on the basis of sex, marital status, race,
color, religion, creed, ancestry or national origin of any person. Any such deed, lease or contract shall
contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
1. In deeds: "The grantee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of sex, marital
status, race, color, religion, creed, national origin, or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the land herein conveyed or the improvements thereon or to be
constructed thereon, nor shall the grantee himself or any person claiming under or through the grantee,
establish or permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in
the land herein conveyed or such improvements. The foregoing cow~nants shall run with the land."
2. In leases: "The lessee herein covenants by and for himself, his heirs, executors,
administrators and assigns, and all persons claiming under or through him, and this lease is made and
accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of
persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry, in the
leasing, subleasing, transferring, use, or enjoyment of the land i~erein leased or the improvements
thereon or to be constructed thereon, nor shall the lessee himself, or any person claiming under or
through the lessee, establish or permit any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy, of tenants, lessees, sublessees,
subtenants or vendees of the land herein leased or such improvements."
3. In contracts: "There shall be no discrimination against or segregation of, any person, or
group of persons on account of sex, marital status, race, color, religion, creed, national origin or ancestry
11087\0016\681377.4 - 4 -
in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land or the
improvements thereon or to be constructed thereon, nor shall the transferee himself or any person
claiming under or through the transferee, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or vendees of the land or such improvements."
(f) Duration of Covenants and Obligations. The covenants and obligations
contained in Subsections 5(a)~ 5(b), and 5(c) of this Section 5 shall remain in effect until the expiration
of the Term provided for in Section 2 hereof, and the covenants against discrimination provided for in
Subsections 5(d) and 5(e) of this Section 5 shall remain in effect in perpetuity.
6. USE AND SALE OF THE PROPERTY
(a) Uses. Owner covenants and agrees for itself, its successors, assigns, and
every successor in interest that during construction and thereafter for the Term set forth in Section 2
hereof, Owner, such successors, assigns and successor(s) in interest shall devote all seventeen (17) of the
single-family detached home residential units comprising the Prc,ject (the "Units") only to the uses
specified in the DDA and this Agreement.
(b) Sale and Occupancy Restrictions. Owner covenants and agrees for itself,
its successors, assigns, and every successor in interest that all of the Units shall be restricted as provided
in this Seetion 6 for the Term set forth in Section 2 hereof.
(i) Units Restricted to Persons ;and Families of Low or Moderate
Income. All of the Units shall be sold exclusively to persons and families of low or moderate income,
whose incomes do not exceed 120% of area median income, and only such persons shall be entitled to
occupy the Units and only for use by such persons or families as their principal residence. The table
attached hereto as Exhibit B and incorporated herein by reference illustrates, for example purposes only,
the method of calculation used to determine the maximum allowable sales prices for the Units. Owner
shall not permit any transient use, or permit any commercial use, of the Property except as approved by
Agency in writing.
(iii) Definitions.
(A) "Persons and families of low or moderate income" shall
mean persons whose income do not exceed the amounts set forth i:a California Health and Safety Code
Section 50093, for persons and families who have incomes not greater than the applicable percentage of
the area median income (adjusted for family size as appropriate for the Unit) for the low or moderate
income category.
(B) "Area median income" shall mean the area median income
for Riverside Co. unty as published by the Department of Housing and Community Development
pursuant to California Health and Safety Code Section 50093, or the most closely related successor
thereto.
(C) "Principal residence" ~neans the principal dwelling place a
person uses as such person's usual place of return and occupancy. If a person fails to reside in and
return to such person's Unit for at least four (4) days per week for a period of at least nine (9) months
11087\0016\681377.4 - 5 -
out of any twelve (12) month period, it will be presumed that the [Init is not the principal residence of
that person.
(D) "Family size as appropriate for the Unit" shall comply with
the standards promulgated by the California Redevelopment Law, :including but not limited to Section
50052.5 of the California Health and Safety Code.
The terms defined in this Subsection 6(b)(ii) are further defined in Title 25
of the California Code of Regulations Section 6910, et seq., as from time to time amended, and any
successor regulations thereto. The terms and provisions of California Health and Safety Code Sections
50052.5, 50053, 50079.5, 50093, and 50105 and Title 25 of the California Code of Regulations Section
6910, et seq., as amended, and any successor statutes or regulations thereto, are incorporated herein by
this reference.
(c) Riffhts of Agency. The Agency shall have the continuing right during the
Term hereof to verify that the restrictions, limitations and requirements of this Section 6 are being
complied with and to establish and/or continue a. low or moderate income (as defined in California
Health and Safety Code Section 50093) housing program at the Project. Owner shall provide:
(i) that persons and families who have resided in the City of Temecula
for at least one (1) year prior to occupancy at the Project shall be given a preference in purchasing the
Units; and
(ii) that persons and families who are employed within the City of
Temecula shall be given a preference in purchasing the Units.
Any preference provided for above shall only be considered if the person to which the preference applies
otherwise qualifies under the criteria established by Owner and approved by the Agency for purchase of
the Units. Any preferences shall comply with applicable state and fi:deml fair housing laws.
7. SALE AND OCCUPANCY OF THE PROPERTY. The Units shall be sold under
sale agreements in accordance with the terms and conditions as provided in the DDA. Any
modifications or changes in the sale agreements shall be submitted to the Executive Director of the
Agency for approval. Owner shall perform all adx;ertising and related pre-sale work as set forth in the
DDA.
8. BENEFIT OF COVENANTS. RESERVATIONS AND RESTRICTIONS.
Agency and Owner hereby declare their understanding and intent that the covenants, reservations and
restrictions set forth herein directly benefit the land by (a) enhancing and increasing the enjoyment of
use of the Property by certain low or moderate income residents of the City of Temecula, and (b)
furthering the public purposes for which the Agency Assistance was granted. Agency, its successors
and assigns, is deemed the beneficiary of the covenants, reservations and restrictions contained herein,
without regard to technical classification or designation. The covenants, reservations and restrictions
shall benefit and run with the land in favor of Agency and the City, and their respective successors and
assigns, without regard to whether Agency and/or the City has been, remains, or is an owner of any land
or interest therein.
9. MODIFICATION OR ELIMINATION OF COVENANTS, RESERVATIONS
AND RESTRICTIONS. Agency and its successors and assigns and Owner and its successors and
11087\0016\681377.4 - 6 -
assigns shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of
the covenants, reservations and restrictions contained in this Agreement without the consent of any
tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any
other person or entity having any interest less than a fee in the Property.
10. PROHIBITED ACTS. Owner shall not permit the use of the Units located on the
Property for any purpose except as set forth herein. To that end, Owner shall not permit any transient
use, or permit any commercial use, of the Property except as approw~d by Agency in writing.
11. ACCOUNTING TO AGENCY.
(a) The books and accounts of the Property shall be kept in conformity with
generally accepted accounting practices.
(b) Owner shall maintain a complete and accurate listing of the Units, with the
names of all owners, the dates of their pumhase and the amounts of sales proceeds received for each
Unit.
(c) Agency, its agents and employees, shall have the right, after reasonable
notice, to review and inspect, at reasonable times during business hours, the books, records and accounts
of Owner specifically regarding the Property, from and after the date of the recordation of this
Agreement and until the expiration of this Agreement.
12. VIOLATION OF REGULATORY AGREEMENT AND/OR DDA BY OWNER.
(a) Owner shall perform each and every obligation set forth in this Agreement
and the DDA between Owner and Agency respecting the Property.
(b) In the event of the violation by Owner of any of the provisions of this
Agreement or the DDA, Agency shall give written notice thereof to Owner by registered mail addressed
to Owner at the address stated in this Agreement, or to such other address as may have been designated
by Owner. If such violation is not cured to the satisfaction of Agency within thirty (30) days after the
date such notice is received, or if such violation is a non-monetary obligation that cannot reasonably be
cured within such 30 day period, then if Owner fails to commence to cure such violation within said 30
day period and fails diligently to prosecute such cure to completion as soon as reasonably possible but,
in no event, no later than three (3) months after receipt of notice of such violation, Agency may, without
further notice, declare in writing a default under this Agreement effi:ctive on the date of such declaration
of default, and upon any such declaration of default Agency may apply to any court, State or Federal, for
specific performance of this Agreement; for an injunction against any violation by Owner of this
Agreement or of the DDA and for the appointment of a receiver to -take over and operate the Property in
accordance with the terms of this Agreement or the DDA, or for such other relief as may be appropriate,
including without limitation damages and the cost to Agency in enforcing the terms of this Agreement
(including the reasonable time expended by Agency staff, consultants, auditors, attorneys and other
personnel involved in such enforcement).
(c) The remedies of Agency herein, or under any other instrument providing
for or evidencing the financial assistance provided herein, are cmnulative, and the exercise of one or
11087\0016\681377.4 - 7 -
more of such remedies shall not be deemed an election of all remedies and shall not preclude the
exercise by Agency of any one or more of its other remedies.
(d) At Owner's request, Agency shall provide by mail copies of any notice of
any violation to all other lien holders who have delivered a request therefor to the Agency and have also
recorded a Request for Special Notice in accordance with California Civil Code Section 2924e (as
amended), at the address for notices most recently provided by Owner or such lien holders for such
notices, and such parties shall have the same right to cure Owner's defaults hereunder on behalf of
Owner.
13. SUBORDiNATION OF THIS REGULATORY AGREEMENT. In the event that
any provision of this Agreement in any way tends to contradict, modify or in any way change the terms
of any senior recorded trust deeds, mortgages, or Other loan agreements encumbering the Property as
described in Section 5(c) hereof, Owner's compliance with such conflicting or contradictory terms of
superior trust deeds, mortgages or loan agreements shall not be a default hereunder. Notwithstanding
the foregoing, no provision hereof shall be construed as being in conflict with or contradicting a superior
instrument if the obligations arising hereunder merely require a higher standard of performance than is
required under a superior instrument.
14. NO TRANSFER. The Owner shall not sell, transfer, convey, assign or lease the
whole or any part of the Property without the prior written approval of the Agency. Owner shall request
Agency's approval by written notice at least ninety (90) days prior to any proposed transfer. This
prohibition shall not be deemed to (a) prevent the granting of easements or permits to facilitate the
development of the Property, (b) prohibit or restrict the sale of Un/ts within the Project, or (c) prohibit
the transfer of the Property and Project to an affiliate of Owner or to a limited partnership, the general
partner of which is the Owner or an affiliate of the Owner. After the initial sale of the Units, subsequem
sales shall be covered by the Restrictive Covenant and Option to Purchase required to be executed,
acknowledged and recorded by each purchaser of a Unit.
15. INDEMNIFICATION. Owner shall defend, indemnify, assume all responsibility
for and hold Agency, and its respective elected and appointed officers and employees, harmless from all
costs (including attorneys' fees and costs), claims, demands, liabilities, or judgments for injury or
damage to property and injuries to persons, including death, which may be related to the Property or
caused by any of Owner's activities under this Agreement, whe'ther such activities or performance
thereof be by Owner or anyone directly or indirectly employed or contracted with by Owner and
whether such damage shall accrue or be discovered before or after termination of this Agreement. This
indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation
and implementation of any removal, remedial, response, closure or other plan (regardless of whether
undertaken due to governmental action) concerning any hazardous substance or hazardous wastes
including petroleum and its fractions as defined in the Comprehensive Environmental Response,
Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et seq.], the Resource
Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 690l et seq.] and California Health and
Safety Code Section Code Section 25280 et seq. at any place where Owner owns or has control of real
property pursuant to any of Owner's activities under this Agreement. The foregoing indemnity is
intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and
Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from liability. This
indemnity shall survive the termination of this Agreement for any reason. This indemnity shall not be
construed in any way to be a limitation on Owner s indemnity obligations under the DDA.
11087\0016\681377.4 - 8 -
16. COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS. Owner shall
carry out the provisions of this Agreement and own and operate the Project in conformity with all
applicable local, state and federal laws and regulations including, without limitation, all regulations and
conditions of funding with respect to the issuance of Housing Set Aside Funds under Health and Safety
Code Section 33334.2 (as amended from time to time).
17. GENERAL PROVISIONS.
(a) The covenants which have been established pursuant to this Agreement
shall be deemed to be covenants running with the land for the bem,'fit of the Project Area and the City
and the Agency in carrying out its statutory responsibilities under California Redevelopment Act (Health
and Safety Code Sections 33000 et seo.) to implement the Plan and to provide for the development of
low and moderate income housing in the community. The covenants hereof shall be binding upon the
Property and run for the benefit of the Project Area and Agency and the City and their respective
successors and assigns, and such covenants shall run in favor of Agency and City for the entire period
during which such covenants shall be in force and effect, without regard to whether Agency and/or City
is or remains an owner of any land or interest therein to which such covenants relate. Agency and City
are deemed the beneficiary of the terms and provisions of this Agreement and of the covenants runfiing
with the land, for and in their own respective rights and for the purposes of protecting the interests of the
con~nunity and other parties, public or private, in whose favor and for whose benefit this Agreement
and the covenants running with the land have been provided. Only Agency and City and their respective
successors in interest may enforce this Agreement; nothing herein is intended to create any third party
beneficiaries to this Agreement, and no person or entity other than Agency/City or Owner, and the
permitted successors and assigns of either of them, shall be authorized to enforce the provisions of this
Agreement. Not by way of limitation of the foregoing, the residents of the Property are not intended to
be third party beneficiaries hereunder.
(b) This Agreement and the covenm~ts, reservations, restrictions and
agreements contained herein shall be a burden upon the Property and shall bind Owner, its successors
and assigns with respect to the Property. Owner may not assign arty of the benefits of this Agreement,
or delegate any of Owner's obligations hereunder, voluntarily or by operation of law, without the prior
written approval of Agency.
(c) This Agreement represents the entire agreement of the parties hereto with
respect to the subject matter hereof and may not be altered or amended except by writing executed
between the parties to be charged.
(d) In any action between the parties to interpret, enforce, reform, modify,
rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing
party in the action shall be entitled, in addition to any other relief to which it may be entitled, reasonable
costs and expenses including, without limitation, litigation costs and reasonable attorneys' fees.
(e) If any term, covenant, condition or :provision of this Agreement, or the
application thereof to any circumstance, shall, at any time or to an3' extent, be determined by a court of
competent jurisdiction to be invalid or unenforceable, then the remainder of this Agreement, or the
application thereof to circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected thereby, and each term, covenant, condition mad provision of this Agreement shall
be valid and enforceable, to the fullest extent permitted by law.
11087\0016\681377.4 - 9 -
(f) The use of the plural in this Agreement shall include the singular and the
singular shall include the plural, and the use of one gender shall be deemed to include all genders.
(g) Time is of the essence hereof.
(h) No waiver by Agency of any breach of or default under this Agreement
shall be deemed to be a waiver of any other or subsequent breach thereof or default hereunder.
(i) This Agreement and all related documents shall be deemed to be contracts
made and delivered in the State of California and shall be governed and construed and interpreted in
accordance with the laws of said State. Headings and titles herein are for convenience only and shall not
influence any construction or interpretation.
(j) Any notice required or permitted to be given hereunder shall be given by
certified or registered mail, postage prepaid, return receipt requested, at the addresses specified below,
or at such other addresses as may be specified in writing by the parties hereto as follows:
Ifto the Agency:
TEMECULA REDEVELOPMENT AGENCY
43200 Business Park Drive
Temecula, California 92590
Attn: Executive Director
with a copy to:
RICHARDS, WATSON & GERSHON
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071-3101
Attention: Peter M. Thorson, Agency Attorney
Telephone: (213) 626-8484
Facsimile: (213) 626-0078
If to the Owner:
AFFIRMED HOUSiNG PARTNERS - TEMECULA, LLC
200 East Washington Avenue, Suite 208
Escondido, California 92025
Attention: Jim Silverwood
with a copy to:
Joel L. Incorvaia, Esq.
Incorvaia & Associates
12626 High Bluff Drive, Suite 325
San Diego, California 92130-2073
Telephone: (858) 259-2220
Facsimile: (858) 259-3131
(k) This Agreement may be simultaneously executed in multiple counterparts,
all of which shall constitute one and the same instrument, and each of which shall be deemed to be an
original.
11087\0016\681377.4 - 10-
I
18. RECORDING AND FILING.
This Agreement shall, at the expense of Owner, be acknowledged by each of the parties
and recorded by Agency in the Official Records of the County of Riverside. This Agreement shall be
indexed in the grantor index in the name of Owner and in the grantee index in the name of Agency.
1N WITNESS WHEREOF, the parties hereto have entered into this Regulatory
Agreement as of the day and year first above written.
"Agency": "Owner":
TEMECULA REDEVELOPMENT
AGENCY, a public body, corporate and
politic
By:
Jeff Comerchero, Chairperson
Attest:
AFFIRMED HOUSiNG PARTNERS -
TEMECULA, LLC, a Califomia limited liability
company
By: AFFIRMED HOUSING GROUP,
a California corporation, its Manager
By: __
James Silverwood, President
By:
Susan W. Jones, CMC
City Clerk/Agency Secretary
APPROVED AS TO FORM:
Richards, Watson & Gershon,
a professional corporation
By: --
, Secretary
By:
Peter M. Thorson, Agency Counsel
t t087\0016\681377.4 - 11 -
I
State of California
County of Riverside
}
}
.}
On ,2002, before me, , a
Notary Public, personally appeared __, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California
County of Riverside
On ,2002, before me, , a Notary Public, personally
appeared
, personally known to me (or proved to me on the basis of satisfitctory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized eapacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumem.
WITNESS my hand and official seal.
Signature
(seal)
11087\0016\681377.4 - 1-
State of California
County of Riverside
On ,2002, be:Fore me, , a
Notary Public, personally appeared ~, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instnmaent and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California
County of Riverside
On ,2002, before me, -~ , a Notary Public, personally
appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, execi]ted the instrument.
WITNESS my hand and official seal.
Signature
(seal)
11087\0016\681377.4 - 2 -
Exhibit A
Legal Descrir~tion of Property
11087\0016\681377.4 A-1
Sixth Street Project
Legal descriptions
APN 922-052-011
The Southeast 155 feet of Lots 1 and 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15 Page, 726 of Maps, Records of San Diego
County, California.
APN 922-052-010
The Northwesterly 145 feet of Lot 1 in Block 38 of ~:he Town of Temecula, and
the Northwesterly 145 feet of Lot 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15, Page 726 of Maps, San Diego County Records.
APN 922-052-007
The Southeasterly 140 feet of Lot 4 in Block 38 of the Town of Temecula,
recorded in Book 15, Page 726 of Maps, Records of San Diego County.
Excepting therefrom that portion thereof included in the alley on the Northeast
thereof.
APN 922-052-004
992-052-005
992-052-006
Lots 1, 2 & 3 in Block 39, in the County of Riverside, State of California, as per
map filed of the Town of Temecula in Book 15, Page 726 of Maps, in the Office
of the County Recorder of San Diego County.
Together with all riparian rights to the waters in the watershed of the Santa
margarita River and its tributaries that may belong to or be appurtenant to the
above-described lands, reserving to the retained lands of grantor all riparian rights
to the waters in the watershed of the Santa Margarita River and its tributaries that
may belong to or be appurtenant to said retained lands. It is the intention of
grantor to convey hereby all water rights and privileges which pertain to the
above-described lands, and to reserve hereby all water rights and privileges which
pertain to the retained lands of grantor. Provided, however, grantee shall have no
rights to develop, pump, extract or divert by either conduits, canals, pumping
plants or other devices, water from the Santa Marga]fta River and its tributaries,
and all percolating water.
APN 922-053-004
The Northeasterly 120 feet of the Southwesterly 240 feet of the Northwesterly 70
feet of the following described parcel;
The Northwesterly half of that tract of land formerly used as a railroad right of
way and station grounds of the Atchison, Topeka and Santa Fe Railroad
Company, conveyed to N.R. Vail et al by deed recorded June 11, 1940 in Book
464 Page(s) 505 of Official Records of Riverside County, California, said
property being described as follows;
Beginning at the most Southerly comer of Lot 1 in Block 27, as shown by map of
Temecula on file in Book 15 Page 726 of Maps, Records of San Diego County,
California;
Thence Southwesterly, in a straight line, to the most Easterly comer of Lot 1 in
Block 36, as shown by said Map;
Thence Northwesterly, in a straight line, to the most Northerly comer of Lot 10 in
Block 37, as shown on said Map;
Thence Northeasterly, in a straight line, to the most Westerly comer of Lot 22 in
Block 25, as shown on said Map;
Thence Southeasterly, in a straight line, to the point on beginning;
Said property is also situated in a unincorporated area of Riverside County.
Exhibit B
Table for Maximum Allowable Sales Prices for Units
-2-
~0
Exhibit F
Table for Threshold Sales Prices for Units
[To be attached]
11087\0016\681299.5
F-1
EXHIBIT F
THRESHOLD SALES PRICE
SIXTH STREET HOMEOWNERSHIP PROJECT
CITY OF TEMECULA
Approx.
Plan Type SI= BD/BA
Plan "A" 1,220 3 BR/2 BA
Plan "B" 1,483 3 BE/2 BA
Plan "C" 1,657 4 BPJ3 BA
Plan "D" 1,772 4 BPJ3 BA
Remodel 1 1,300 3 BR/2 BA
Remodel 2 1,100 2 BR/1BA
Remodel 3 1,269 2BR/2 BA
Threshold
Sales
Price
$131,879
$144,049
$155,476
$164,186
$133,172
$133,172
$133,172
Exhibit G
Project Development Schedule:
[To be attached]
11087\0016\681299.5
G-!
Exhibit G
Project Development Schedule
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
.ACTION
Execution of Redevelopment Agreements
Submission of Plans for City Approval
Demonstrate Evidence of Construction Financing
Close Escrow on all Properties, concurrently
Release of Predevelopment Loan
Receive Tentative Map Approval
Final Map Approval
Close Construction Financing
Receive Building Permits
Commence Construction
Commence Marketing
Commence Homeownership Counseling
Receive Release of Utilities for all Units
DATE
On or Before: March 1, 2002
On or Before: April 1, 2002
On or Before: April 15, 2002
On or Before: April 15, 2002
On or Before: May 1, 2002
On or Before: July 1, 2002
On or Before: November 1, 2002
On or Before: November 15, 2002
On or Before: November 15, 2002
On or Before: December 1, 2002
On or Before: January 1, 2003
On or Before: February 1, 2003
Within Twelve Months (12) of
issuance of building permits
R:\Oldtown~Sixth Street~Exhibit G - Project Development Schedule.wpd
Exhibit H
Scope of Development
[To be attached]
11087\0016\681299.5
H-!
Exhibit H
Scope of Development
PRIVATE DEVELOPMENT
A. General
The site consists of property located on the north side of Sixth Street in the City of
Temecula. The total site is approximately 96,000 square feet, with proposed lot sizes ranging from
approximately 4,100 to approximately 8,000 square feet.
The Developer agrees that the Site shall be developed and improved in accordance
with the provisions of this Agreement and the plans, drawings, and related documents approved by
the Agency and/or City of Temecula pursuant hereto. The Developer, Davis Group Architecture &
Planning, Masson & Associates (civil engineer), consultants, and Allgire General Contractors, shall
work with Agency staff to coordinate the overall design, architecture and color of the improvements
to be constructed on the Project.
B. Construction of the Improvements
The Developer shall construct a single family residential housing development,
consisting of approximately seventeen (17) units, ranging in size from 1,220 to 1,800 sq. ft., as
follows:
(i) Remodel three (3) existing single family detached residences; and
(ii) Construct fourteenS(14) new single family detached residences.
C. Architecture and Design
The Project shall be of high architectural quality, including landscaping and rear yard
fencing, and shall be effectively and aesthetically designed, o~ad shall adhere to the Old Town
Specific Plan Design Guidelines. The shape, scale of volume, and exterior finish of the units must
be visually related to the adjacent buildings within the neighborhood. The Project shall be developed
with the number of enclosed/open parking spaces approved by the Agency.
D. Applicable Codes
The Developer's improvements shall be construcled in accordance with the Uniform
Building Code and City of Temecula Ordinances and/or Municipal Code.
R:\Oldtown~Sixth Street~Exhibit H - Scope of Development.wpd
II SITE CLEARANCE AND PREPARATION
Upon securing constmction financing for the Project, the Developer shall perform, or cause
to be performed, the following work:
A. On-Site Demolition and Clearance
On the site, demolish or salvage, clear, grub and remove existing structures (as may
be needed and called for in the approved construction plan) and other improvements.
B. Gradina, On-Site Work and Off-Site Work
The Developer shall rough grade and finish grade as is necessary for the construction
of the Developer's improvements on and off the site, accord!lng to the Developer's approved
construction plan.
C. Construction of Structures
The Developer shall construct, or cause to be constructed, seventeen (17) single
family homes, as identified in item I.B. above, according to the approved construction plans. The
Project shall consist of fourteen (14) newly constructed single fmnily detached homes and three (3)
remodeled single family detached homes. The Project includes four (4) floor plans for the newly
constructed homes, with the homes ranging in size between approximately 1,220 square feet and
1,800 square feet. The smaller houses shall have 3 bedrooms / 2 bathrooms and the larger homes
shall have 4 bedrooms / 3 bathrooms. The remodeled houses are generally the same size, but two of
the remodels shall have only 2 bedrooms.
R:\Oldtown~Sixth StreetkExhibit H - Scope of Development.wpd
Exhibit I
Table for Maximum Allowable Sales Prices for Units
[To be attached]
11087\0016\681299.5
I-1
m
0
Exhibit J
Equity Sharine Formula for Sale of Units
Year of Sale:
Years 1-15
Years 16-25
Portion of Sales Proceeds Allowed ~:o be Retained by Owner:
0% -- During this time period, Owner may only sell to qualified
purchasers at a price equal to the Affordable Housing Cost for such Unit
30%
Years 26-35
60%
Years 36-45
90%
11087\0016\681299.5
Exhibit K
Form of Restrictive Covenant
[To be attached]
11087\0016\681299.5
3-2
Ill
Recording Requested By
and when recorded return to:
Temecula Redevelopment Agency
43200 Business Park Drive
Temecula, California 92590
Attention: City Clerk
Exempt from recording fees pursuant to Government Code Sec. 6103 and 27383
RESTRICTIVE COVENANT AND OPTION TO PURCHASE
THIS RESTRICTIVE COVENANT AND OPTION TO PURCHASE (this "Agreement")
is made this day of ,200__, by and between the TEMECULA
REDEVELOPMENT AGENCY (the "Agency"), on the one part, and the party identified in
Section l(a) of this Agreement as the Owner (the "Owner"), on the other part.
RECITALS
A. The Owner is the record owner of that certa'm real property (the "Property")
located in the City of Temecula, County of Riverside, State of California, legally described in
Exhibit "A" attached hereto and incorporated heroin by reference, the address of which is set
forth in Section l(b) of this Agreement, and which the Owner shall occupy as the Owner's
principal residence.
B. The Property is part of a project commonly known as the Sixth Street Housing
Project (the "Project"). The Project consists of seventeen (17) single family detached homes
which were constructed by Affirmed Housing Partners - Temecula, LLC, a California limited
liability company (the "Developer"), with financial assistance fiom the Agency.
C. Section of the purchase and sale agreement for the Property executed by and
between the Owner, as Buyer, and the Developer, as Seller, requires that the Buyer execute this
Restrictive Covenant and Option to Purchase in favor of the Agency upon Owner's acquisition of
title to the Property.
D. The Owner has represented to the Agency that the Owner and the Owner's
household qualifies as a "person and families of low or moder,ate income" as defined in Section
50093 of the California Health and Safety Code (i.e. is a person or family earning up to 120% of
Riverside median income).
R:\Oldtown~Sixth Street~.estrictive Covenant for Sixth Street Project.DOC
11087\0016\682564.2
E. In consideration of being qualified and permitted to acquire the Property, the
Owner is willing to encumber the Property with this Agreement by which the Property will be
limited to use as affordable housing and as the Owner's principal !residence.
NOW, THEREFORE, the parties agree as follows:
this Agreement:
Fundamental Provisions. The following shall serve as the basic terms of
(a) Name of Owner: The name of the Owner is
(b)
Address of the Property: The address of the Property is
, Temecula, California 9
2. Definitions. For purposes of this Agreement, the terms listed below shall
have the meanings thereinafter specified.
(a) Affordable Housine Cost shall have meaning set forth in California
Health and Safety Code Section 50052.5, as such statute may be amended from time to time, and
any successor statutes thereto. "Affordable Housing Cost" for the purposes of this Agreement is
that purchase price which would result in a monthly housing cost which is not less than twenty-
eight percent (28%) of the gross income of the purchaser and does not exceed the greater of (a)
the product of thirty-five percent (35%) times one hundred ten percent (110%) of Riverside
County median income adjusted for family size appropriate for the Unit for low or moderate
income purchasers, or (b) the product of thirty-five percent (35%) of the actual gross income of
the household for low or moderate income purchasers earning greater than one hundred ten
percent (110%) and not more than one hundred twenty percent (120%) of Riverside County
median income.
(b) Capital Improvement. Capital Improvement shall be any addition
or betterment made to the Property which consists of more than mere repairs or replacement of
existing facilities or improvements and which has a useful life of five (5) years or more.
(c) Capital Improvement Investment. Capital Improvement
Investment shall mean and refer to the stun of cash invested in Capital Improvements in the
Property from time to time by the Owner, as evidenced by receipts for any work or material
supplied to improve the Property.
(d) Consumer Price Index. Consumer Price Index (or "CPI") means
and refers to the revised Consumer Price Index for All Urban Consumers, U.S. City Average,
1982-1984=100, as published by the Bureau of Labor Statistics of the United States Department
of Labor, or if such agency shall cease to publish such an Index, then any comparable index
published by any other federal or state agency which is approved by the Agency.
11087\0016\682564.2 Page 2 of 15
(e) Person and Family of Low or Moderate Income means a person or
family meeting the income qualification limits set forth in California Health and Safety Code
Section 50093, as such statute may be amended from time to ti:me, and any successor statutes
thereto.
The terms Person and Family of Low or Moderate Income and Affordable Housin~ Cost are
further defined in Title 25 of the California Code of Regulations Section 6910, et seq., as from
time to time amended, and any successor regulations thereto. The terms and provisions of
California Health and Safety Code Sections 50093, 50105, 50052.5, and 50053, and Title 25 of
the California Code of Regulations Section 6910, et seq., as amended, and any successor statutes
or regulations thereto, are incorporated herein by this reference.
3. Restriction on Transfer. The Owner shall not sell, convey, transfer, lease,
assign, encumber, mortgage, or hypothecate the Property, or enter into an agreement to sell,
convey, lease, assign, transfer, encumber, mortgage, or hypolhecate the Property, except in
compliance with the terms of this Agreement.
4. Term. The term of the restrictive covenants described herein (the "Term")
shall commence on the date this instrument is recorded in the Official Records of the Riverside
County Recorder, and shall end on the date that is forty-five (45) years thereafter; provided,
however, the covenants against discrimination set forth in Section 10 hereof shall remain in
effect in perpetuity. The Agency has determined that this is the longest period feasible for
continuing the Term of this Agreement.
5. Covenant to Maintain Affordabilitv. The Project was constructed and
developed by the Developer with financial assistance from the Agency in order to increase and
improve the community's supply of low- and moderate-income housing available at an
Affordable Housing Cost in accordance with the affordable housing requirements of the
Community Redevelopment Law (California Health and Safety Code, Section 33000, et seq). To
this end, the Owner agrees that the during the Term the Property shall, except as provided in
Sections 6 and 8.(c) hereof, remain available only at an Affordable Housing Cost and shall only
be used by Persons or Families whose incomes do not exceed a Low or Moderate Income. In
addition, if the Owner fails to occupy the Property as the Owner's principal residence for a
period of thirty (30) consecutive calendar days, then the O,amer shall be in breach of this
Agreement.
6. Permitted Transfers and Mortgages.
(a) Conveyances to Third Parties of Low or Moderate Income.
Subject to the option rights of the Agency herein, the Owner may convey the Property to persons
or families whose incomes do not exceed a Low or Moderate Income, on the condition that (i)
the Owner complies with the requirements of Section 8 hereof, (ii) the purchaser covenants to
occupy the Property as such party's principal residence, and (iii) the purchase price does not
exceed the maximum permitted resale price set forth in Section 9 hereof. Any permitted
transferee shall acquire the Property subject to the terms and conditions hereof.
11087\0016\682564.2 Page 3 of 15
(b) Intra-Famil¥ Conveyances. The following transfers of title shall
not be breaches of this instrument: transfer by gift, devise, or inheritance to the Owner's spouse;
taking of title by surviving joint tenant that is the Owner's spouse:; transfer of title to a spouse as
part of a divorce or dissolution proceedings; acquisition of title in conjunction with marriage. A
transfer to children of the Owner where the income of such children exceeds the maximum
household income applicable to the Property permitted hereunder shall give rise to the option in
favor of the Agency to purchase the Property described in Section 7; provided, however, such
option shall be exercised by the Agency within sixty (60) days after receipt by the Agency of
written notice of such transfer, and the purchase price shall be the amount set forth in Section 9
hereof.
(c) First Trust Deed - Purchase. The Owner may encumber the
Property with a first position deed of trust or mortgage securing a purchase money loan.
(d) Subordination to First Trust Deed Encumbrances. The Agency
agrees that it shall execute a subordination agreement in commercially reasonable form to
subordinate the rights granted herein to the Agency to any first deed of trust or mortgage in favor
of any bank, savings and loan association, or other institutional lender encumbering the Property.
7. Aeencv Option to Purchase.
(a) Option. In order to maintain and ensure that the Property shall
remain affordable to and only occupied by Persons and Families of Low or Moderate Income,
the Agency is hereby granted an option, throughout the Term hereof, to purchase the Property in
the event the Owner desires to transfer the Property, or to find a~other Person and Family of Low
or Moderate Income to purchase the Property. The purchase price shall be the amount set forth
in 7.(b), below, and shall be exercised by the Agency, if at all, within sixty (60) days after the
Agency's receipt of the written notice (the "Notice of Proposed Sale") of the Owner's desire to
transfer the Property as provided in Section 8.(a), below. During such 60-day period Owner may
also concurrently attempt to market the Property to sell it to a Person and Family of Low or
Moderate Income, as provided in Section 8. In the event that the Agency exercises the Option,
then the Agency shall promptly open escrow therefor and shall close of escrow for the purchase
of the Property prior to the date that is ninety (90) days after the Agency's receipt of the Notice
of Proposed Sale. If the Agency exercises the option to purchase but, due to the Agency's sole
fault, the Agency does not close escrow within 90 days after the date the Agency first received
the Owner's Notice of Proposed Sale, then the Owner shall be entitled to sell the Property to a
person or family that is no___~t a Person and Family of Low or Moderate Income, or otherwise;
provided, however, if the Property is sold to a person or family 'Ihat is not a Person and Family of
Low or Moderate Income, then the Owner shall pay to the Agency a portion of the net sales
proceeds received as provided in Section 8.(c), below. Title to the Property shall be delivered to
the Agency at the close of escrow free and clear of monet~xy liens and encumbrances, and
closing costs shall be allocated in the fashion as is customary for buyers and sellers in Riverside
County. Provided, however, notwithstanding the foregoing or anything to the contrary contained
herein, Owner shall not be entitled to sell the Property to a person or family that is not a Person
11087\0016\682564.2 Page 4 of 15
and Family of Low or Moderate Income, under any circumstances, during the first fifteen (15)
years of the Term hereof.
(b) Purchase Price. The purchase price of the Property to be paid by
the Agency or its designee shall be the lower of:
(i) The purchase price as agreed upon between the Owner and
the Agency; or
(ii) The sum off
(A) the Owner's pumhase price of the Property
multiplied by the percentage increase in the Consumer Price Index from that published for the
date nearest the date of close of escrow of the Owner's purchase of the Property over that
published nearest the date of completion and execution of the Notice of Proposed Sale; plus
(B) the actual cost, as evidenced by receipts, of Capital
Improvement Investments in the Property, multiplied by the percentage increase in the Consumer
Price Index from the time of completion of each item of Capital Improvement; plus
(C) brokerage commissions, if any, paid by such Owner
in connection with such resale, and escrow costs, title insurance premiums paid, and other
customary closing costs and fees; plus
(D) any ordinary escrow costs incurred by the Owner in
connection with its original purchase of the Property or that may be incurred in connection with
such resale transaction; plus
(E) in the event the Owner sells the Property after a
default under a mortgage or deed of trust, but prior to a trustee's sale or foreclosure sale, the
purchase price shall be further increased by all expenses actually incurred by the holder of such
mortgage or beneficiary under such deed of trust due to the Oamer's default including, but not
limited to, trustee's fees, attorneys' fees, costs of sale and del:~t service on the debt secured by
such mortgage or deed of trust. The foregoing shall also apply to a deed in lieu of foreclosure.
8. Resale Price Controls and Procedures.
(a) If the Owner elects at any time to sell the Property, then the Owner
shall, prior to signing a listing agreement or other authorization to sell with a real estate broker,
first provide to the Agency a notice (the "Notice of Proposed Sale") setting forth the Owner's
intention to sell the Property, and a property information form to be prepared by the Agency.
Such Notice shall contain information about the Owner's original purchase price of the Property
and the Owner's Capital Improvement Investment. Agency or :its designee shall have ninety (90)
days from the time following the receipt by the Agency or its designee of the Notice to Sell to
find a new buyer for the Property being sold, or sixty (60) days to exercise the Agency's option
to purchase described in Section 7; provided, however, the Agency or its designee shall shorten
11087\0016\682564.2 Page 5 of 15
such time period upon a showing of hardship by the Owner. The Owner agrees to consider as
purchasers those Persons and Families of Low or Moderate Incorae identified on a list that may
be maintained by the Agency. Nothing contained herein shall be construed as imposing upon the
Agency any obligation to find a purchaser of the Property if the Owner has elected to sell the
Property.
(b) If the Owner resells the Property to a Person and Family of Low or
Moderate Income at a price that does not exceed the price set forth in Section 9 hereof, then the
provisions hereof shall continue to encumber the Property, and the Agency shall subordinate the
rights granted herein to the Agency to such new first deed of trust that may be executed by the
successor owner in favor of any bank, savings and loan association, or other institutional lender
encumbering the Property, as provided in Section 6(d) hereof. Each successor in interest to
Owner that is a Person and Family of Low or Moderate Income shall acquire the Property subject
to the continuation of the restrictions on such Property provided in this Agreement, and if
Agency purchases such Property and resells the Property, such acquisition shall not operate to
merge this Agreement into Agency's fee interest.
(c) If, after expiration of the ninety (90) day period, Agency or its
designee has failed to procure an eligible and qualified buyer, then the Owner shall then be free
to seek a buyer for the Property without any limitation on resale price or income level of the
purchaser; provided, however, if the purchaser is not a Person and Family of Low or Moderate
Income, then the Owner shall pay to the Agency a certain percentage of the amount by which the
net proceeds received by the Owner exceeds the amount calculated pursuant to subsection
7.(b)(ii), as set forth in Exhibit "B" attached hereto and incorl~orated by reference herein, for
deposit into its Low and Moderate Income Housing Fund, in accordance with the California
Health and Safety Code, so as to qualify as a permitted "equity sharing" program as required by
law. Provided, however, notwithstanding the foregoing or an,.ahing to the contrary contained
herein, Owner shall not be entitled to sell the Property to a person or family that is no~t a Person
and Family of Low or Moderate Income, under any circumstances, during the first fifteen (15)
years of the Term hereof.
(d) The escrow instructions may provide for conditions or
contingencies of the type and nature customarily included in residential purchase escrows
(including but not limited to financing contingencies, inspection rights, and preliminary title
report approvals), provided that any such conditions or contingencies (other than the status of
title to the Property at the time of conveyance and other conditions which by their nature cannot
be satisfied prior to closing) must be satisfied or waived on or before the close of escrow. The
proceeds of the sale shall be used to pay off all monetary liens and encumbrances upon the close
of escrow. Escrow shall close within thirty (30) days after the opening of escrow.
(e) The Owner shall notify any proposed purchaser in writing prior to
such person's execution of escrow instructions, deposit receipt, purchase and sale agreement or
similar agreement, whichever is earliest, that the title to the Property will be restricted in the
manner described herein.
11087~0016\682564.2 Page 6 of 15
(f) The Owner may require a deposit to open escrow in an amount not
to exceed three pement (3%) of the purchase price. Title to the Property shall be delivered to the
purchaser at the close of escrow free and clear of monetary liens and encumbrances. Closing
costs shall be allocated between the buyer and seller according to the customary practices in
Riverside County in effect at the time the escrow is opened.
(g) For the purpose of confirming with the Agency that a proposed
purchaser is a Person and Family of Low or Moderate Income that will be paying a purchase
price that is in compliance with the terms hereof, the Owner shall notify the Agency in writing of
any offer from a prospective purchaser which the Owner intends to accept, disclosing the identity
of such prospective purchaser and providing the Agency with such financial, credit, and other
information on such prospective purchaser as required by the Agency, including the following:
(i) Name and address of the purchaser.
(ii) Number of persons comprising the purchaser's household
and their names and ages.
(iii) Proposed purchase price of the Property, and any other
consideration for the purchase of the Property.
(iv) Amount of down payment.
(v) Terms of any loan that will be used by the purchaser to
finance the purchase of the Property, including, but not limited to, principal, interest rate, term,
and loan fees.
(vi) Closing date.
(vii) Aggregate annual income of the purchaser's household.
(viii) Most recent federal and state income tax returns of the
purchaser and all other members of the purchaser's household for the preceding two (2) calendar
years, and verification of the proposed purchaser's salary or wages from the purchaser's
employer
(ix) Copy of any proposed purchase and sale agreement, escrow
instructions, loan application, or other agreements between the Owner and the proposed
purchaser of the Property or relating to the sale of the Property.
(x) A written statement signed by the proposed purchaser that
the Property will be occupied by the purchaser of such Property and used as his or her primary
residence.
In lieu of providing the foregoing information, these requirements shall be deemed to have been
satisfied by delivery to the Agency of a written certification of the foregoing information from
11087\0016\682564.2 Page 7 of 15
the purchaser's lender who shall hold a first position trust deed encumbering the Property, which
certification shall be furnished to Agency at least fifteen (15) days prior to the close of escrow
for the Property.
(h) The Agency shall have thirty (30) .:lays to review the information
(unless the Agency received the certification from prospective purchaser's lender, in which case
the Agency shall have fifteen (15) days to review the information). The Agency may require the
purchaser to submit other written documentation reasonably requested by the Agency to verify
the information set forth herein and to determine that the Affordable Housing Cost restrictions of
this instrument shall be satisfied. If the Agency receives all such prospective purchaser
information requested by the Agency, the Agency shall determine whether the prospective
purchaser is qualified to purchase the Property as a Person and Family of Low or Moderate
Income, and shall thereafter immediately notify the Owner in writing that the prospective sale is
authorized and approved, or that the prospective purchaser does not qualify to purchase the
Property as a Person and Family of Low or Moderate Income. The Agency hereby designates
the Executive .Director of the Agency to make the evaluations, reviews and determinations set
forth in this Section.
(i) If the Agency notifies the Owner that the sale is authorized and
approved, the Owner shall proceed to complete the sale of the Property within seventy-five (75)
days of the date of such approval from the Agency.
9. Restriction on Resale Price. Except as permitted by Sections 7 and 8.(c)
hereof, the Owner shall not resell the Property at a price higher than the Affordable Housing
Cost for the prospective purchaser. The table attached hereto as Exhibit "C" and incorporated
herein by reference illustrates, for example purposes only, the: method of calculation used to
determine the maximum allowable sales price for the Property.
10. Nondiscrimination Covenants. By the Owner's acceptance hereof, the
Owner agrees, for itself, its successors and assigns, to refrain fi'om restricting the rental, sale or
lease of the Property on the basis of race, color, creed, religion, ancestry, sex, marital status,
national origin or age of any person. All such deeds, leases or contracts entered into with respect
to the Property shall contain or be subject to substantially the following nondiscrimination or
nonsegregation clauses:
(a) In deeds: "The grantee herein covenants by and for himself or
herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or
through them, that there shall be no discrimination against or sel~egation of, any person or group
of persons on account of race, color, creed, religion, national origin, sex, marital status, age or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land
herein conveyed, nor shall the grantee himself or herself, or any person claiming under or
through him or her, establish or permit any such practice c,r practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants
shall run with the land."
11087\0016\682564.2 Page 8 of 15
(b) In leases: "The lessee herein covenants by and for himself or
herself, his or her heirs, executors, administrators and assigns, and ail persons claiming under or
through him or her, and this lease is made and accepted upon and subject to the following
conditions:
"That there be no discrimination against or segregation of any person or group of
persons, on account of age, race, color, creed, religion, sex, marital status, nationai origin, or
ancestry, in the leasing, subleasing, transferring, use or occupancy, tenure or enjoyment of the
land herein leased nor shall the lessee himself or herself, or any person claiming under or
through him or her, establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, sublessees, subtenants or vendees in the land herein leased."
(c) In contracts: "There shall be no discrimination against or
segregation of, any person, or group of persons on account of sex, marital status, race, color,
religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the land or the improvements thereon or to be constructed thereon, nor
shall the transferee himself or any person claiming under or through the transferee, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees of the land or such improvements." The foregoing shall be a covenant running with the
land for the benefit of, and as a burden upon the Property, and shall remain in effect in
perpetuity.
11. Maintenance of the Provertv/Prohibition Aeainst Waste. The Owner shall
not commit waste upon the Property. The Owner shall not remove or demolish the
improvemems on the Property. The Owner shail keep and maintain the Property and the
improvements thereon in good condition and repair. If the Owner at any time fails to so keep and
maintain the Property in good condition and repair, after thirty (2;0) days notice from the Agency,
the Agency shall have the right to enter onto the Property and perform such deferred
maintenance, and the Owner shall promptly reimburse the Agency for all costs incurred by the
Agency in performing such maintenance.
12. Covenants to Run With the Land. The covenants and restrictions
contained herein shall nm with the land and shall be a burden upon the Property and shall be
enforceable against the Owner and the Owner's heirs, successors in interest and assigns by the
Agency, its successors in interest and assigns. The Owner shall furnish a copy of this instrument
to any successors in interest.
13. Administration. The Agency may administer the terms hereof or may,
from time to time, assign its rights hereunder or designate another entity, person, licensed reai
estate broker or organization to administer the terms hereof.
14. Independent and Severable Provisions. ]in the event that any provision of
this instrument is held by a court of competent jurisdiction to be unenforceable or invalid, such
11087\0016\682564.2 Page 9 of 15
holding shall not render unenforceable any other provision hereof, each provision hereof being
expressly severable and independently enforceable to the fullest extent permitted by law.
15. Successors and Assigns. The restrictions on transfer of the Property shall
be binding upon the Owner and the Owner's heirs, successors and assigns, and shall inure to the
benefit of the Agency and its successors and assigns.
16. Further Assurances and Recordations. The Owner covenants that upon
request of the Agency, the Owner, or its heirs, successors or assigns, shall execute, acknowledge
and deliver, or cause to be executed, acknowledged and delivered, such further instruments and
agreements and do such further acts as may be necessary, desirable or proper to carry out more
effectively the purpose of this instrument. At the expiration of the Term, the Agency agrees to
provide to the Owner an instrument in recordable form that has the effect of confirming the
termination of the affordable housing requirements of this instrument.
17. Captions and Section Headings. Captions and section headings used
herein are for convenience only and shall not be used in construing this instrument.
18. No Waiver. No waiver by the Agency of its rights hereunder, or of any
breach by the Owner of any covenant, restriction, or condition herein contained, shall be
effective unless such waiver is in writing, signed by the Agency and delivered to the Owner.
Any waiver by the Agency of its power to terminate the Owner's estate herein or of any
covenant, restriction, or condition herein contained, or the failure by the Agency to exercise any
right or remedy with respect to any breach or breaches, shall not constitute a waiver or
relinquishment for the future of any rights regarding subsequent sales, or of any such covenant or
condition nor bar any right or remedy of the Agency in respect of any subsequent breach.
19. Entire Agreement. This instrument constitutes the entire agreement of the
parties hereto, and the provisions hereof may be modified or amended only by a written
instrument signed by the party to be charged.
20. Attorneys' Fees. In any action brought to declare the rights granted herein
or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be
entitled to an award of reasonable attorneys' fees in an amount determined by the court.
21. Foreclosure of Superior Mortgaee. In the event of the foreclosure of a
deed of trust or mortgage superior to the lien hereof, or the conveyance of the Property to a bank,
savings and loan, or other institutional lender by deed in lieu of foreclosure, the provisions
hereof shall terminate and be of no force or effect.
{Signatures on following page}
11087\0016\682564.2
Page 10 of 15
1N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
"Agency":
TEMECULA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Attest:
Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
"Owner":
11087\0016\682564.2 Page 11 of 15
Exhibit "A"
Legal Description of Property
That certain real property situated in the City of Temecula, County of Riverside, State of
California, described as follows:
! 1087\0016\682564.2 Page 12 of 15
Sixth Street Project
Legal descriptions
APN 922-052-011
The Southeast 155 feet of Lots 1 and 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15 Page, 726 of Maps, Records of San Diego
County, California.
APN 922-052-010
The Northwesterly 145 feet of Lot 1 in Block 38 of the Town of Temecula, and
the Northwesterly 145 feet of Lot 2 in Block 38 of the Town of Temecula, as
shown by Map on file in Book 15, Page 726 of Maps, San Diego County Records.
APN 922-052-007
The Southeasterly 140 feet of Lot 4 in Block 38 of the Town of Temecula,
recorded in Book 15, Page 726 of Maps, Records of San Diego County.
Excepting therefrom that portion thereof included in the alley on the Northeast
thereof.
APN 922-052-004
992-052-005
992-052-006
Lots 1, 2 & 3 in Block 39, in the County of Riverside, State of California, as per
map filed of the Town of Temecula in Book 15, Page 726 of Maps, in the Office
of the County Recorder of San Diego County.
Together with all riparian rights to the waters in the: watershed of the Santa
margarita River and its tributaries that may belong to or be appurtenant to the
above-described lands, reserving to the retained lands of grantor all riparian rights
to the waters in the watershed of the Santa Margarita River and its tributaries that
may belong to or be appurtenant to said retained lands. It is the intention of
grantor to convey hereby all water rights and privileges which pertain to the
above-described lands, and to reserve hereby all water rights and privileges which
pertain to the retained lands of grantor. Provided, however, grantee shall have no
rights to develop, pump, extract or divert by either conduits, canals, pumping
plants or other devices, water from the Santa Margarita River and its tributaries,
and all percolating water.
APN 922-053-004
The Northeasterly 120 feet of the Southwesterly 240 feet of the Northwesterly 70
feet of the following described parcel;
· The Northwesterly half of that tract of land formerly used as a railroad fight of
way and station grounds of the Atchison, Topeka and Santa Fe Railroad
Company, conveyed to N.R. Vail et al by deed recorded June 11, 1940 in Book
464 Page(s) 505 of Official Records of Riverside County, Caiifomia, said
property being described as follows;
Beginning at the most Southerly comer of Lot 1 in Block 27, as shown by map of
Temecula on file in Book 15 Page 726 of Maps, Records of San Diego County,
California;
Thence Southwesterly, in a straight line, to the most Easterly comer of Lot 1 in
Block 36, as shown by said Map;
Thence Northwesterly, in a straight line, to the most Northerly comer of Lot 10 in
Block 37, as shown on said Map;
Thence Northeasterly, in a straight line, to the most Westerly comer of Lot 22 in
Block 25, as shown on said Map;
Thence Southeasterly, in a straight line, to the point on beginning;
Said property is also situated in a unincorporated area of Riverside County.
1
Exhibit "B"
Equity Shat/ne Formula for Sale of Property
Year of Sale:
Portion of Sales Proceeds Allowed to be Retained by Owner:
Years 1-15
0% -- During this time period, Owner may only sell to qualified
purchasers at a price equal to the Affordable Housing Cost for the
Property
Years16-25
3O%
Years26-35
60%
Years 36-45
90%
11087\0016\682564.2 Page 13 of 15
Exhibit "C"
Table for Maximum Allowable Sales Price fi~r Property
[To be attached]
087\0016\682564.2 Page 14 of 15
State of California
County of Riverside
On ,2002, before me, , a Notary
Public, personally appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the iperson(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
State of California
County of Riverside
On ,.2002, before me, __
a Nolary Public, personally appeared ___, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed' the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(seal)
11087\0016\682564.2 Page 15 of 15
ESTIMATE OF REUSE VALUE
KEYSER MARSTON
ASSOCIATES INC.
· 4DVISOR$ IN:
REAL ESTATE
REDEVELOPMENT
AFFORDABLE HOUSING
ECONOMIC DEVELOPMENT
FISCAL IMPACT
[NFRASTRUCTURE FINANCE
VALUATION AND
LITIGATION SUPPORT
San Diego
Gerald M. Trimble
Paul C. Matra
Los Angeles
Calvin E, Hollis, II
Kathleen H. Head
James A. Rab¢
Paul C, Anderson
Gregory D. Soo-Hoo
TO:
MEMORANDUM
Mr. John Meyer, Redevelopment Director
City of Temecula
SAN FRANCISCO
A. Jerry Keyser
Timothy C. Kelly
Kate Earle Funk
Debbie M. Kern
Robert J. Wetmore
From:
KEYSER MARSTON ASSOCIATES, INC.
Date:
February 12, 2002
Subject:
Sixth Street Homeownership Project - Estimate of Re-
Use Value
A. Introduction
Keyser Marston Associates, Inc. (KMA) has been requested to review the proposed
development transaction between the Temecula Redevelopment Agency (Agency) and
Affirmed Housing Partners - Temecula, LLC (Developer). The proposed transaction is
detailed in the draft Disposition and Development Agreement ([)DA) dated February 11, 2002.
The Developer intends to rehabilitate three single-family homes and build 14 single-family
detached homes (Project). Upon completion, the homes will be sold at moderate-income
levels to qualified persons and/or families. These 17 homes will be constructed on an
approximate 2.2-acre site (Site) on the north side of Sixth Street within the Pujol neighborhood
of Old Town Temecula. The Agency owns two parcels within the Site measuring
approximately 0.80 acres (Agency Property). Under the terms of the DDA, the Agency will
convey the Agency Property to the Developer.
B. Summary of Findings
KMA's principal conclusions are summarized as follows:
· The estimated re-use value of the interest to be conveyed is negative $1,209,000.
To: Mr. John Meyer, Redevelopment Director February 12, 2002
Subject: Sixth Street Homeownership Project- Estimate of ~Re-Use Page 2
· The estimated value of the compensation to be received b!! the Agency is negative
$1,209,000.
· The estimated fair market value at highest and best use is $175,000.
C. Background
The Riverside County Board of Supervisors adopted Redevelopment Project No. 88-1 in July
1988. The Project Area includes approximately 1,635 acres of land within four sub-areas, all
located west'of Interstate 15. The Site lies within Sub-Areas 2 and 3. The blighting conditions
that were identified at the time of plan adoption consisted of the following:
· Age, obsolescence, deterioration, mixed character, or shifting of uses.
· Subdividing and sale of lots of irregular form and shape, and inadequate size, for proper
usefulness and development.
· Existence of inadequate public improvements, public facilities, open spaces, and utilities,
which cannot be remedied by private or governmental actic,n without redevelopment.
· The prevalence of depreciated values, impaired investments, and social and economic
maladjustments.
The Agency has been engaged in the development, rehabilitation, and preservation of
affordable housing since 1995. The Agency's affordable housing goals include:
· Increasing, improving, and preserving the supply of affordable housing;
· Upgrading the physical appearance of Redevelopment Project Area neighborhoods; and
· Establishing new standards for the private development within the Redevelopment Project
Area neighborhoods.
Over the past several years, the Agency has been actively pursuing and achieving its
affordable housing goals. In 1996, the Agency sponsored the rehabilitation of the150-unit
Rancho West Apartments as an affordable housing project. Most recently, the Agency
assisted the same Developer of the proposed Project, Affirmed Housing Group, with the
acquisition and rehabilitation of the Pujol and Sherwood Apartn'~ent complexes, and
construction of 38 new in-fill apartments to form the 76-unit Mission Village Apartments.
Opened in February 2000, the Mission Village Apartment complex is located along Pujol
Street, and is situated diagonally across the street from the proposed Project.
Document 02018; ndh
To: Mr. John Meyer, Redevelopment Director February 12, 2002
Subject: Sixth Street Homeownership Project- Estimate of Re-Use Page 3
The Agency is proposing to partner with the Developer to establish the first affordable home-
ownership project within the Pujol neighborhood. The Site is .cenerally located on the north
side of Sixth Street, at the intersection of Pujol Street and Sixth Street, and lies just west of the
Old Town commercial district. The entire Site consists of approximately 96,000 square feet
(SF). The surrounding area is characterized by a mix of land uses consisting of commercial,
industrial, open space, and residential.
On the Site the developer plans to rehabilitate throe existing homes, and build 14 new homes.
One of the three existing homes is situated on the Agency Property. The Agency Property
consists of two parcels within the Site measuring approximately 0.80 acres, or 35,000 SF.
The remainder of the Site, which consists of five privately owned parcels and measures about
1.4 acres, or 61,000 SF, is under option to be purchased directly by the Developer. The
proposed Project will consist of four floor plans ranging from 1,220 SF to nearly 1,800 SF on
parcels between 4,100 and 8,000 SF.
D. Proposed Transaction Terms
This section summarizes the salient aspects of the proposed business terms contained in the
draft DDA.
The Agency will convey to the Developer, at no cost, fee simple title to the Agency
Property in an "as-is" condition. The Agency Property was purchased by the Agency in
1999-2000. The Agency acquired the two parcels at a cosl of $308,000, which includes
costs of acquisition, relocation, demolition, and appraisal.
The Agency will contribute a total of $1,517,000 (inclusive of the Agency land) to be used
as reimbursement of costs of acquisition of the remainder of the Site, construction of the
improvements on the Site, and other costs related to the development of the Project. Up to
78% of the Agency assistance will be available at the close of escrow for predevelopment
expenses.
· The Developer will be responsible, at its sole cost, for the payment of any and all cost
overruns.
Any construction cost savings experienced by the Developer will be split equally between
the Developer and the Agency. However, if the Developer, at his sole discretion,
determines to expend any cost savings toward other Project costs, then neither the Agency
nor the Developer will receive any portion of the cost savings.
· The DDA establishes a Threshold Sales Price for each unit, and provides for Agency
participation in 50% of actual gross sales proceeds received in excess of the applicable
To: Mr. John Meyer, Redevelopment Director February.12, 2002
Subject: Sixth Street Homeownership Project - Estimate of F{e-Use Page 4
Threshold Sales Price. The Threshold Sales Prices range from approximately $132,000 to
$164,000, with an average price of approximately $148,000.
The Developer will receive a fixed developer overhead fee, which will be drawn down on a
pre-designated schedule. The fee will be the equivalent of $22,500 per home, or
$382,500. The Developer Fee is to be drawn down as follows:
· Ten percent (10%), $38,250, is to be paid upon Developer's acquisition of fee title to
the entire Site;
· Twenty percent (20%), $76,500, is to be paid upon the commencement of construction
of the improvements on the Site;
· Forty percent (40%), $153,000, is to be paid upon the completion of construction of the
improvements on the Site; and
· Thirty percent (30%), $114,750, is to be paid upon the .';ale of all the housing units
within the Project and issuance of a full release of all utilities for the Project.
A covenant will be placed on the homes requiring that the owner occupy the home. An
additional covenant will be placed on the homes, which restricts the resale of the units to
income-eligible buyers based on moderate-income affordability requirements for a period
of 45 years. However, in years 16-45, the seller will receiw; a sliding scale of the
appreciated value based on the following schedule: (1) years 16-25, at 30%; (2) years 26-
35, at 60%; and (3) years 36-45, at 90%.
Persons and/or families, who have resided in the City of Temecula for at least one (1) year
prior to occupancy of the Project, and those who work in Temecula, will be given
preference in purchasing the homes.
The development will not have a homeowners association. However, conditions,
covenants, and restrictions (CC&R's) will be established with the City being named as the
third party for enforcement purposes. This will help ensure ongoing maintenance of the
homes and lots.
Conclusion ·
The Agency will convey the Agency Property to the Developer at no cost. The Agency will
provide $1,209,000 in financial assistance to the Project. The Agency is entitled to participate
in actual gross sales proceeds in excess of the Threshold Sales Prices, as well as any
construction cost savings. However, KMA conservatively estimates zero revenues from these
To: Mr. John Meyer, Redevelopment Director February 12, 2002
Subject: Sixth Street Homeownership Project- Estimate of I:~e-Use Page 5
provisions at this time. Therefore, KMA estimates that the effective compensation to the
Agency is negative $1,209,000.
E. Estimate of Fair Re-use Value
Re-use value is defined as the highest price in terms of cash or its equivalent which a property
or development right is expected to bring for a specified use in a competitive open market,
subject to the covenants, conditions, and restrictions imposed by the DDA.
There are two fundamental appreaches to establish re-use value:
The first is an analysis based on the sale of comparable properties or development rights.
When comparable transactions exist and when relatively few adjustments are required to
adjust the comparables to the subject, the approach based on comparable transactions
can yield the most reliable indicator of value.
The second method is an analysis based on the anticipated income characteristics for a
specific project. Often the income approach, also termed the residual value approach,
proves more useful than the comparable sales approach due to the unique market setting,
project characteristics, and specific requirements of the Agency which make the approach
based on comparable transactions difficult or unfeasible to implement. With this approach,
the residual value is established as the amount that a developer can feasibly afford to pay
for a property or development right, after taking into account the development costs funded
by the developer, the quantity and quality of the income stn,~am frem the project, and the
market-based return on invested capital.
Comparable Sales Approach
The Agency Property consists of two components: (1) an existing home, and (2) vacant land.
KMA reviewed recent residential land sales and home sales in the City of Temecula and
Riverside County. A review of comparable transactions suggests that they are of minimal
relevance in establishing fair re-use value for the Agency Property due to the extensive
adjustments of the comparebles that would be required. The factore that would require
adjustment in establishing comparability include the following:
· The Project does not offer the economies of scale of comparable developments within
master-planned communities.
· The Pujol neighborhood is an untested location for detached for-sale housing.
· Each of the proposed homes will be subject to owner and resale covenants for 45 years.
To: Mr. John Meyer, Redevelopment Director February 12, 2002
Subject: Sixth Street Homeownership Project - Estimate of Re-Use Page 6
Therefore, the comparable sales approach is not deemed relevant to this analysis.
Residual Value Approach
KMA solved for residual value based on the terms of the DDA, absent any contribution of
Agency subsidy. Tables 2 to 4 present KMA's residual value analysis for the proposed
Project.
Development Costs
Table 2 summarizes development costs for the Project. KMA has reviewed the Developer's
cost estimates and evaluated them in comparison to similar residential projects in Southern
California with which we are familiar. Based on this review, KI~/IA finds the cost estimates, as
described below, to be reasonable.
Total development costs for the Project are $3,651,000, or $142 per SF of gross building area
(GBA), which equates to nearly $215,000 per dwelling unit. Total development costs consist
of the following:
· Acquisition costs for the privately held parcels of $618,864, or $26 per SF of private land.
These parcels include two existing single-family homes.
Direct construction costs, such as site work, shell construction, rehabilitation, and
contractor fee costs. The total direct costs are estimated to be $1,914,000, or $75 per SF
GBA.
Indirect costs, such as architecture and engineering, public permits and fees, legal and
accounting, taxes and insurance, a maximum developer fee of $22,500 per dwelling unit
(per the DDA), marketing, and contingency. These are estimated to be $970,000, or
50.7% of direct costs.
· Financing costs, including interest during construction and sales, and loan fees. These
costs are estimated to total $149,000, or 7.8% of direct costs.
Gross Sa/es Proceeds
Table 3 presents an estimate of gross sales proceeds for the Project, as presented by the
Developer. Sales proceeds for the newly constructed homes are projected to be $2,113,000,
and the rehabilitated homes are projected to generate sales proceeds of approximately
$400,000. The total gross sales proceeds are estimated to be $2,512,000. The following
table details the breakout of these projections.
To: Mr. John Meyer, Redevelopment Director February 12, 2002
Subject: Sixth Street Homeownership Project- Estimate of F~e-Use Page 7
New and Existing Homes Number of Units Sales Prices Total Sales
Plan A 2 $131,879 $263,758
Plan B 3 $144,049 $432,147
Plan C 7 $155,476 $1,088,332
Plan D 2 $164,186 $328,372
Subtotal - New Homes 14 $150,901 $2,112,609
' Add: Remodels 3 $133,172 $399,516
Total/Average t7 $147,772 $2,512,125
KMA reviewed data from the Multiple Listing Survey (MLS) and MarketPoint Realty Advisors
on sales of attached and detached for-sale housing in the Temecula Valley. It is somewhat
difficult to establish comparability because the subject Site is situated in a pioneering location;
the proposed development is relatively small, with smaller than average home sizes; and the
existing marketplace is dominated by larger units in master-planned communities east of I-15.
Based on our review, KMA concludes that the projected prices are appropriate for the
proposed product.
Residual Land Value
As shown in Table 4, the residual land value for the Agency Property is estimated at negative
$1,209,000, or say, $71,000 per unit, determined in the following manner. Based on gross
sales proceeds of $2,512,000, and a cost of sale of 3%, or approximately $70,000, the
supportable investment of the Project is estimated to be $2,442,000. The difference between
the supportable investment and total development costs of $3,651,000 (inclusive of acquisition
of the private land) represents the residual land value of negative $1,209,000.
Conclusion
Based on the foregoing analysis, KMA concludes that the fair re-use value of the Agency
Property is negative $1,209,000.
F. Fair Market Value at Highest and Best Use
Section 33433 of California Redevelopment Law requires that prior to selling or leasing real
property, redevelopment agencies estimate the fair market valu~ of the interest to be
conveyed at its highest and best (most profitable) use.
Typically, the analysis of the fair market value at highest and best use does not consider the
specific Agency/Developer transaction or development concept, but rather the most profitable
use that is consistent with the Redevelopment Plaq or other governing land use regulations.
To: Mr. John Meyer, Redevelopment Director February 12, 2002
Subject: Sixth Street Homeownership Project- Estimate of Re-Use Page 8
The purpose of the analysis is to estimate the maximum compensation that the Agency could
achieve if it were to offer the subject property or development right on the open market.
The highest and best use of the Agency Property is the use that generates the highest
property value. By definition, the highest and best use is that use which is physically possible,
financially feasible, and legally permitted. The Old Town Temecula Specific Plan (1994)
governs the zoning and land uses for the Agency Property. The Agency Property lies within
the zoning and land use designations of HDR - High Density Residential and MDR - Medium
Density Residential (one parcel with each zone).
The HDR designation allows for 13 to 20 dwelling units per acre, and is intended to provide for
the development of attached residential units, such as townhouses, condominiums, and
conventional apartments. The MDR designation is intended to provide for the development of
7 to 12 dwelling units per acre. Typical housing types allowed would consist of single-family
detached, duPlexes, townhouses, condominiums, and conventional apartments. In sum, a
variety of residential developments could be accommodated on the Agency Property under the
current land use designations.
Based on these considerations, KMA finds that the highest and best use of the Agency
Property is multi-family housing. This use is consistent with thE; current zoning and land use
designations, as well as the existing character of Pujol Street. Based on KMA's experience
with similar development and review of multi-family land sales in the Temecula Valley, KMA
concludes that the Agency Property, if offered on the open market, could yield values ranging
from $10,000 to $20,000 per achievable dwelling unit. Given the allowable densities on the
property, this translates to a land value of approximately $5 per SF, or say $175,000.
Conclusion
On this basis, then, KMA concludes that the highest and best use of the Agency Property is
multi-family housing. Therefore, the fair market value of the Agency Property at its highest
and best use is $175,000.
G. Limiting Conditions
The estimates of re-use value and fair market value at the highest and best use contained in
this memorandum assume compliance with the following assumptions:
1. There are no soil or subsoil problems, including toxic or hazardous conditions, on the Site
that need to be remediated in order to develop the Site.
2. The ultimate development will not vary significantly from that assumed in this Re-Use
Analysis.
To: Mr. John Meyer, Redevelopment Director February 12, 2002
Subject: Sixth Street Homeownership Project- Estimate of Re-Use Page 9
The title of the property is good and marketable; no title se;~rch has been made, nor have
we attempted to determine the ownership of the property. The value estimates are given
without regard to any questions of title, boundaries, encumbrances, liens or
encroachments. It is assumed that all assessments, if any, are paid.
4. The Site Will be in conformance with the applicable zoning and building ordinances.
5. Information provided by such local sources as government;~l agencies, financial
institutions, realtors, buyers, sellers, and others was considered in light of its source, and
checked by secondary means.
6. Neither the local nor national economy will experience a m~jor recession. If an unforeseen
change occurs in the ecoi3omy, the conclusions contained ;herein may no longer be valid.
7. The Project will adhere to the schedule of performance de.,.cribed in the DDA.
8. Both parties are well informed and well advised and each is acting prudently in what
he/she considers his/her own best interest.
attachments
TABLE 1
PROJECT DESCRIPTION
SIXTH STREET HOMEOWNERSHIP PROJECT
CITY OF TEMECULA
Site Area
Redevelopment Agency Owned Land
Private Vacant Land
Single Family Residences
Total Site Area
Unit Mix
Plan A
Plan B
Plan C
Plan D
Remodels
Total Units
Density
Gross Building Area (GBA)
Average Unit Size
34,750
24,000
37,250
96,000
2.2
SF
SF
SF
SF
Acres
2 Units
3 Units
7 Units
2 Units
_3 Units
17 Units
7.7
25,632
1,512
Units/Acre
SF
SF
Prepared by: Keyser Marston Associates, Inc.
Filename i:Temecula~Affirmed Re-use Tables;02/12/2002;wcl
TABLE 2
ESTIMATED DEVELOPMENT COSTS
SIXTH STREET HOMEOWNERSHIP PROJECT
CITY OF TEMECULA
Development Costs
Acquisition Costs
Redevelopment Agency Owned Land
Private Vacant Land
Single Family Residences
Closing Costs
Subtotal Acquisition Costs
Direct Costs
Off-Site Improvements
On-Site Improvements/Landscaping
Shell Construction
Unit Finishes/Upgrades/Models
General Conditions/Contractor's Fee
Contingency
Subtotal Direct Costs
Indirect Costs
Architecture & Engineering
Permits & Fees
Legal & Accounting
Taxes & Insurance
Developer Fee
Marketing/Sales
Miscellaneous
Contingency
Subtotal Indirect Costs
Financing Costs
Interest During Construction/Sales
Loan Fees
Subtotal Financing Costs
Total Development Costs
Or Say (Rounded)
Totals
$0
$296,864
$322,000
$618,864
$0
$340,190
$1,423,550
$8,500
$20,900
$120,753
$1,913,893
$208,000
$270,902
$29,0O0
$34,OO0
$382,500
$8,500
$1,700
$35,000
$969,602
$119,000
$29,750
$148,750
$3,65'1,109
$3,651,000
Per Unit
$0
$17,463
$18,941
$36,404
$0
$20,011
$83,738
$500
$1,229
97,103
$112,582
$12,235
$15,935
$1,706
$2,000
$22,500
$500
$100
$2,059
$57,035
$7,000
$11750
$8,750
$214,77'1
Notes
$0 Per SF Agency Land
$12 Per SF Private Land
$161,000 Per Home (2 homes)
0.0% of Above
$6 Per SF Site Area
$0 Per SF Site Area
$4 Per SF Site Area
$56 Per SF GBA
$0 Per SF GBA
1.2% of Above Directs
6.7% of Above Directs
$75 Per SF GBA
10.9% of Directs
$11 Per SF GBA
1.5% of Directs
1.8% of Directs
Allowance
Allowance
0.1% of Directs
3.7% of Above Indirects
50.7% of Directs
6.2% of Directs
1.6% of Directs
7.8% of Directs
$'142 Per SF GBA
Prepared by: Keyser Marston Associates, Inc.
Filename i:Temecula~Affirmed Re-use Tables;02/13/2002;wcl
TABLE 3
PROJECTED GROSS SALES PROCEEDS
SIXTH STREET HOMEOWNERSHIP PROJECT
CITY OF TEMECULA
Home Sales
New Homes:
Plan A 3 Bedroom / 2 Bath
Plan B 3 Bedroom / 2 Bath
Plan C 4 Bedroom / 3 Bath
Plan D 4 Bedroom / 3 Bath
Total/Average - New Homes
Existing Homes:
Remodel 1 3 Bedroom/2 Bath
Remodel 2 2 Bedroom / 1 Bath
Remodel 3 2 Bedroom / 2 Bath
Total/Average - Existing Homes
Grand Total/Average
Add: Lot Premiums
Total
Add: Model Recovery
Gross Sales Proceeds
Or Say (Rounded)
# of
Unit Size Units
Sales
Price Price/SF
1,220 2 $131,879 $108
1,483 3 $144,0z..9 $97
1,657 7 $155,47'6 $94
1,772 _2 $164,186 $93
1,574 14 $150,9(;11 $96
1,300 1 $133,172 $102
1,100 1 $133,172 $121
1,~69 ~ $133,172 ~105
1,223 3 $133,172 $109
1,512 17 $147,772 $98
$0
Per Unit
Total
Sales
$263,758
$432,147
$1,088,332
$328,372
$2,112,609
$133,172
$133,172
$133,172
$399,516
$2,512,125
$2,512,125
$2,512,125
$2,$12,000
Prepared by: Keyser Marston Associates, Inc.
Filename i:Temecula~Affirmed Re-use Tables;02/13/2002;wcl
TABLE 4
RESIDUAL LAND VALUE
SIXTH STREET HOMEOWNERSHIP PROJECT
CITY OF TEMECULA
Residual Land Value
Gross Sales Proceeds
(Less) Cost of Sale
(Less) Developer Profit (1)
Supportable Investment
(Less) Total Development Costs
Residual Land Value
Per Un t
2.8% of Value
$2,512,000
($70,179)
$2,441,821
($3,651,000)
($1,209,000)
($71,118)
Prepared by: Keyser Marston Associates, Inc.
Filename i:Temecula~Affirmed Re-use Tables;02/13/2002;wcl
I
SUMMARY REPORT
SUMMARY REPORT
PERTAINING TO THE SALE OF REAL PROPERTY
(California Community Redevelopment Law Section 33433)
PURSUANT TO A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT
Between:
TEMECULA REDEVELOPMENT AGENCY
And:
AFFIRMED HOUSING PARTNERS - TEMI=CULA, LLC
Prepared by:
KEYSER MARSTON ASSOCIATES, INC.
For:
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
Date:
February 12, 2002
SUMMARY REPORT
PERTAINING TO THE PROPOSED SALE OF REAL PROPERTY
I. INTRODUCTION
The Temecula Redevelopment Agency (Agency) is consider'lng the sale of real property
to Affirmed Housing Partners - Temecula, LLC (Developer) i~ursuant to a Disposition and
Development Agreement (DDA) between the Agency and the Developer.
This Summary Report is prepared in accordance with Section 33433 of the California
Community Redevelopment Law. This summary consists o1: six additional sections, as
follows:
· Section II, Description of the Proposed Project
· Section III, Estimated Costs to be Incurred by the Agency under the Proposed DDA.
· Section IV, Estimated Value of the Agency Property at the Highest and Best Use.
· Section V, Estimated Fair Re-Use Value of the Interest to be Conveyed.
· Section VI, Purchase Price the Developer will be Required to Pay.
Section VII, Explanation Why the Sale of the Property will Assist in Elimination of
Blight.
II. DESCRIPTION OF THE PROPOSED PROJECT
A. Proposed Transaction
The Developer intends to rehabilitate three single-family homes and build 14 single-
family detached homes (Project). These 17 homes will be constructed on an
approximate 2.2-acre site (Site) on the north side of Sixth Slreet within the Pujol
neighborhood of Old Town Temecula.
The Agency proposes to convey to the Developer approximately 35,000 SF of Agency-
owned land (Agency Property) as part of the agreement bet~Neen the Agency and the
Developer. The Developer will acquire the balance of the Site privately.
The proposed transaction is detailed in the draft Disposition and Development
Agreement dated February 11, 2002, The DDA governs the relationship between the
Agency and the Developer with respect to the proposed development of the Site, the
schedule of performance, and the method of financing. Key terms of the DDA are
summarized below.
B. Agency Responsibilities
The Agency will convey to the Developer, at not cost, fee simple title to the Agency
Property in an "as-is" condition. The Agency Property w~as purchased by the Agency
in 1999-2000. The Agency acquired the two parcels at a cost of $308,000, which
includes costs of acquisition, relocation, demolition, and appraisal.
The Agency will contribute a total of $1,517,000 (inclusive of the Agency land) to be
used as reimbursement of costs of acquisition of the remainder of the Site,
construction of the improvements on the Site, and other costs related to the
development of the Project. Up to 78% of the Agency a.~sistance will be available at
the close of escrow for predevelopment expenses.
C. Developer Responsibilities
The Developer will be responsible, at its sole cost, for thE; payment of any and all
cost overruns.
Any construction cost savings experienced by the Developer will be split equally
between the Developer and the Agency. However, if the Developer, at his sole
discretion, determines to expend any cost savings toward other Project costs, then
neither the Agency nor the Developer will receive any portion of the cost savings.
Document 02019; ndh
19545.010001
The DDA establishes a Threshold Sales Price for each unit, and provides for Agency
participation in 50% of actual gross sales proceeds received in excess of the
applicable Threshold Sales Price. The Threshold Sales Prices range from
approximately $132,000 to $164,000, with an average price of approximately
$151,000.
The Developer will receive a fixed developer overhead fl~e, which will be drawn down
on a pre-designated schedule. The fee will be the equivalent of $22,500 per home,
or $382,500.
A covenant will be placed on the homes requiring that the owner occupy the home.
An additional covenant will be placed on the homes, which restricts the resale of the
units to income-eligible buyers based on moderate-income affordability requirements
for a period of 45 years. However, in years 16-45, the seller will receive a sliding
scale of the appreciated value based on the following schedule: (1) years 16-25, at
30%; (2) years 26-35, at 60%; and (3) years 36-45, at 90%.
Persons or families who have resided in the City of Tem,gcula for at least one (1)
year prior to occupancy of the Project, and those who work in Temecula, will be
given preference in purchasing the homes.
The development will not have a homeowners association. However, conditions,
covenants, and restrictions (CC&R's) will be established with the City being named
as the third party for enforcement purposes. This will help ensure ongoing
maintenance of the homes and lots.
II1. ESTIMATED COST TO BE INCURRED BY THE AGENCY UNDER THE
PROPOSED AGREEMENT
Costs to the Agency related directly to development of the Site are as follows:
Acquisition of Agency Property (~)
Additional Agency Assistance
Miscellaneous/Other Consultants (2)
Total Agency Costs
$308,000
~;1,209,000
$35,000
~;1,552,000
(1) Per Agency staff, inclusive of acquisition, relocation, demolition, and appraisal.
(2) Estimated costs to the Agency for legal and economic consultants.
IV. ESTIMATED VALUE OF THE SITE AT THE HIGHEST AND BEST USE
This section presents an analysis of the fair market value of the Agency Property at the
highest and best use of the properties. In appraisal terminology, the highest and best
use is that use of the property, which generates the highest property value and is
physically possible, financially feasible, and legally permitte(J. Therefore, value at
highest and best use is based solely on the value created al~d not on whether or not that
use carries out the redevelopment goals of the City of Tem~.cula.
The Old Town Temecula Specific Plan (1994) governs the zoning and land uses for the
Agency Property. The Agency Property lies within the zonir~g and land use designations
of HDR - High Density Residential and MDR - Medium Dem;ity Residential (one parcel in
each zone).
The HDR designation allows for 13 to 20 dwelling units per ~cre, and is intended to
provide for the development of attached residential units, such as townhouses,
condominiums, and conventional apartments. The MDR de=signation is intended to
provide for the development of 7 to 12 dwelling units per acre. Typical housing types
allowed would consist of single-family detached, duplexes, townhouses, condominiums,
and conventional apartments. In sum, a variety of residential developments could be
accommodated on the Agency Property under the current land use designations.
Based on these considerations, KMA finds that the highest and best use of the Agency
Property is multi-family housing. This use is consistent with the current zoning and land
use designations, as well as the existing character of Pujol ,<;treet. Based on KMA's
experience with similar developments and review of multi-family land sales in the
Temecula Valley, KMA concludes that the Agency Property, if offered on the open
market could yield values ranging from $10,000 to $20,000 per achievable dwelling.unit.
Given the allowable densities on the property, this translate,~; to a land value of
approximately $5 per SF, or say $175,000.
Document 02019; ndh
V. ESTIMATED FAIR RE-USE VALUE OF THE INTEREST TO BE CONVEYED
This section presents an analysis of the fair re-use value of the interest to be conveyed
to the Developer subject to conditions, covenants, and restrictions contained in the
proposed DDA. In estimating the fair re-use value of the Site, KMA has reviewed the
requirements that set specific conditions with respect to scope of development, the
schedule of performance, and method of financing.
It is the KMA conclusion that analysis of comparable transactions does not provide a
useful or valid approach for valuating this development opportunity due to extensive
adjustments that would be required in respect to the strength of the development
opportunity, location and configuration, and other factors. Therefore, reliance has been
placed upon the income, or the residual land value approach, which is a recognized
method for valuing real property.
Analysis of the development economics of the Site, reported separately to the Agency by
KMA, indicates that pursuant to the terms and conditions under which the Agency
Property will be conveyed, the fair reuse value of the Agency Property is estimated to be
negative $1,209,000.
VI. PURCHASE PRICE WHICH THE DEVELOPER WILL 13E REQUIRED TO PAY
Under California Community Redevelopment Law, the Agency is obligated to publicly
disclose information sufficient for a comparison of the purchase price contained in the
proposed DDA with the estimated fair re-use value.
The Agency will convey the Agency Property to the Develol:,er at no cost. The Agency
will provide $1,209,000 in financial assistance to the Project. The Agency is entitled to
participate in actual gross sales proceeds in excess of the Threshold Sales Prices, as
well as, any construction cost savings. However, KMA con.~;ervatively estimates zero
revenues from these provisions at this time. On this basis, then, KMA concludes that the
effective compensation to the Agency is negative $1,209,000.
VII. EXPLANATION WHY SALE OF THE PROPERTY WIILL ASSIST IN THE
ELIMINATION OF BLIGHT
The Project Area is characterized by an array of blighting factors, including:
· The age, obsolescence, deterioration, mixed character, or shifting uses of existing
buildings.
· The subdividing and sale of lots of irregular form and shape, and inadequate size, for
proper usefulness and development.
· A prevalence of depreciated values and impaired investments.
· The defective design in character or physical condition c,f existing buildings.
Not all of these conditions ara present throughout the Project Area, The Agency's
redevelopment efforts have helped to alleviate blighting con,ditions in the Project Area.
However, many of these conditions are still apparent in the area surrounding the subject
Site. Implementation of the proposed development can be expected to assist in the
alleviation of blighting conditions through the following:
· Establishment of development standards and the rehabilitation and improvement of
obsolete, deteriorating, and inappropriate buildings.
· Consolidation of irregular parcels into a site appropriate for development.
· Elimination of conditions of economic dislocation such a,,; fragmented ownership
patterns.
RDA
DEPARTMENTAL
REPORT
APPROVAL ~1~~'~-
. CITY A'I-rORNEY Itl/~tr
FINANCE DIRECTOR ~ ,~
CITY MANAGER ./~
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Redevelopment Agency Members
FROM: John Meyer, Redevelopment Director ~
DATE: February 26, 2002
SUBJECT: Monthly Departmental Report '
Attached for your information is the monthly report as of February 26, 2002 for the Redevelopment
Department.
First Time Homebuvers Pro~3ram
Funding in the amount of $200,000 is available for FY O1-02.
Residential Improvement Proqrams
The program budget for FY 01/02 is $250,000 and $128,200 has been funded for 32 units.
Affordable Housing
The Agency is currently finalizing an agreement with Affirmed Housing. A final agreement
should be ready for Council consideration within 30 days.
Senior Housinq
Agency staff is negotiating with a development partner to rehab units for an affordable senior
housing project.
Old Town Community Theater
The Redevelopment Agency Board approved the Community Theater's Master Plan at its meeting of
April 24, 2001~ The Architect has begun the next Phase of the design, which includes design
development and construction drawings.
R:~SYERSK~MONTHLLYVeporI.februaP/02.doc
The Mercantile Buildin.q Retrofit
Staff anticipates bringing a contract for Council consideration within 60 days. Staff estimates
about a 90-120 day construction period.
Facade ImprovementJNon-ConformJna Sian Proaram
The following facade improvementJsign projects are in process or have recently been completed:
· Maggie's FineArt From Mexico
Sign Program
· Welty Building
Paint Exterior
· CountrY Porch
Fire Suppression System
Country Cottage/Country Garden
Sign Program
Exterior Paint
· Old Town Day Spa
Sign Program
Exterior Paint
Old Town PromotionslMarketin(I
Dickens Christmas in Old Town concluded on December 23 fe;~turing strolling carolers, live
entertainment, pictures with Santa and a craft fair. The Agency is also sponsoring several other
events over the next few months. The events include the Bluegrass Festival, Western Days,
Dixieland Jazz~ Street Painting Festival and Summer Nights.
R:~YERSK~MONTHLLY~eport.februa~/O2.doc
TEMECULA PUBLIC
FINANCING AUTHORITY
ITEM 1
MINUTES OF A SPECIAL MEETING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
JUNE 12, 2001
A regular meeting of the City of Temecula Public Financing Authority was called to order at
8:47 P.M., in the City Council Chambers, 43200 Business Park I~)rive, Temecula.
ROLLCALL
PRESENT:
4 BOARD MEMBERS: Naggar, Roberts, Stone,
Comerchero
ABSENT: I BOARD MEMBER: Pratt
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones.
PUBLIC COMMENTS
No input.
AUTHORITY BUSINESS
The City Council and the Temecula Public Financing Authority convened in a joint
meeting.
AUTHORITY BUSINESS
1 Actions relatinc~ to Acceptance of a Deposit related to Droceedinqs for a Communitv
Facilities District for Harveston
RECOMMENDATION:
1.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 01-5:3
A RESOLUTION OF THE CITY COUNCIL OI-' THE CITY OF
TEMECULA APPROVING DEPOSIT/REIMBURSEMENT
AGREEMENT
1.2 That the Authority adopt a resolution entitled:
RESOLUTION NO. TPFA 01-04
A RESOLUTION OF THE BOARD OF DIRE(.TORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSI'F RELATIVE TO
THE FORMATION OF A COMMUNITY FACILITIES DISTRICT
AND AUTHORIZING AND DIRECTING ACTIONS WITH
RESPECT THERETO
R:minutes.tpfa\061201
Finance Director Roberts presented the staff report (as per agenda material), noting that if the
Harveston project were not approved, charges would be made against the deposit for costs
incurred and the remaining funds would be returned to the developer.
MOTION: Board Member Stone moved to approve the staff recommendation. The motion was
seconded by Board Member Naggar and voice vote reflected approval with the exception of
Board Member Pratt who was absent.
At this time, the City Council meeting was recessed.
EXECUTIVE DIRECTOR'S REPORT
No comments.
BOARD OF DIRECTORS' REPORTS
No comments.
ADJOURNMENT
At 8:49 P.M., the Temecula Public Financing Authority meeting was formally adjourned.
ATTEST:
Jeff Comerchero, Chairman
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:minutes.tpfa\061201 2
MINUTES OF A REGULAR MEETIING
OF THE TEMECULA PUBLIC FINANCING AUTHORITY
FEBRUARY 12, 2002
A regular meeting of the City of Temecula Public Financing Authority was called to order at
7:54 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula.
ROLL CALL
PRESENT:
5 BOARD MEMBERS: Comerchero, Naggar, Pratt,
Stone, and Roberts
ABSENT: 0 BOARD MEMBER: None
Aisc present were Executive Director Nelson, Assistant City Attorney Curley, and City Clerk
Jones.
PUBLIC COMMENTS
No input.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of January 22, 2002.
MOTION: Board Member Comerchero moved to approve Consent Calendar Item No. 1. The
motion was seconded by Board Member Stone and voice vote reflected unanimous approval.
PUBLIC HEARING
2 Formation of Community Facilities District No. 01-02 fHarveston)
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. TPFA 0;!-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY MAKING
FINDINGS OF COMPLEXITY OF PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 01-02 (HARVESTON)
MOTION: Agency Member Stone moved to adopt the resolution and, thereby, continued this
item to the February 26, 2002, Authority meeting. The mo'Iion was seconded by Agency
Member Naggar and voice vote reflected unanimous approval.
R:minutes.tpfa\021202 1
EXECUTIVE DIRECTOR'S REPORT
No input.
BOARD OF DIRECTORS' REPORTS
No additional comments.
ADJOURNMENT
At 7:55 P.M., the Temecula Public Financing Authority meeting was formally adjourned to
Tuesday, February 26, 2002.
ATTEST:
Ron Robe,s, Chairman
Susan W. Jones, CMC
City Clerk/Agency Secretary
[SEAL]
R:minutes.tpfa\021202 2
ITEM 2
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
DIR.OFFINANCE
CITY MANAGER
CITY OFTEMECULA
AGENDA REPORT
Temecula Public Financing Authority
Executive Director Shawn Nelson
February 26, 2002
Community Facilities District No, 01-02 (Harveston)
RECOMMENDATION: Continue the public hearing to the meeting of March 5, 2002.
BACKGROUND: Due to ongoing discussions with the property owner,
recommended that this public hearing be continued.
it is
DEPARTMENTAL
REPORT,S
CITY OFTEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Manager/City Council ~
Jim O'Grady, Assistant City Manage~
February 26, 2002
SUBJECT: Economic Development Monthly Departmental Report
prepared by: Gloda Wolnick, Marketing Coordinator
The following are the recent highlights for the Economic Development Department for the month
of January 2002.
ECONOMIC DEVELOPMENT
Leads & Inquiries
In the month of January, the City received 3 leads and 2 inquiries. The leads included a
research & development company; aluminum & glass company; and a precision, plastic
injection molding and contract manufacturer.
In the month of October, the Southwest Riverside County Alliance responded to 2 leads
from the Inland Empire Economic Partnership (IEEP) on behalf of the City of Temecula. The
Alliance received 2 inquiries from Expansion Management ma!;lazine and 6 referrals.
Attached is a copy of their activity report.
Media/Outreach Materials
The City has released its new Business Brochure. The marketing brochure provides an
overview of our community, business and industry, business assistance programs and services,
workforce, and tourism. It also highlights useful business information that can be obtained on
the City's website incJuding Geographic Information System (GIS) information.
The brochure is distributed through the City and is included in our business kits. It is also
included in packets given out at broker and commercial developer meetings. In addition, The
Southwest Riverside County Economic Alliance will utilize the brochure, when responding to
leads on behalf of Temecula and while attending trade shows. The EDC of Southwest
Riverside County and the Temecula Valley Chamber of Commerce will also distribute the
brochure. A copy of the new brochure has been forwarded to Council.
Staff wrote an article for the Chamber Newsletter titled "City of Temecula Prepares for
Future by Updating Its General Plan." The article explains what the General Plan is, how the
public can get involved, upcoming community workshops, what are the key development issues,
and what is the role of the Community Advisory Committee.
Staff provided information to Neighbor's magazine for their Feb~Jary issue. The City section
highlights new projects, city events, city website information, traffic update and upcoming
community meetings and programs. The February issue will include an article discussing the
General Plan update.
Staff provided city data and an article highlighting Temecula's new projects to The Business
Press. This information will be included in their 2002 Inland E~rnpire Guide by City, which will
be published in March. The Guide offers information pertinent to businesses about city and
county governments with which they deal. Readership is 36,00'0+ and reaches more than 88%
of business decision makers.
Staff compiled fee information from the following city departments (planning, building & safety,
fire, and public works). This information will be included in a Development Impact Fee
Survey, which will be produced by the Inland Empire Economic Partnership (IEEP). They will
use this survey as a resource tool.
In January, staff met with the city's webmaster to discuss the economic development section
on the City's website. Additional business and resource information was added to the section.
This section is still being refined.
Meetings
Staff attended the EDC Business Relations Committee Meeting on January 3rd. Follow-up
reports were given on AIMS and the Osomo Corporation. Company contact report was given
on Star Manufacturing. The following programs were submitted to the CALED Awards for
Excellence Program: Business Relations Program, Mayor's Lunches, and letters to businesses.
On January 15th, staff met with Nil Late and Donald Cousins of Earth Scientific regarding
their new research & development business. Staff provided 1:hem with resource information,
marketing materials, demographics, and planning information. They also attended a pre-
application meeting later in the month. They found a site on Commerce Center Ddve and are
excited to be in Temecula.
On January 14th, Diane Sessions of the EDC of Southwest Rive~'side County and staff met with
Mike Hoffee of Zero Golf to offer assistance regarding proposed USGA rules and learn more
about Zevo Golf and their plans for their new ddver. As a follow-up to the meeting, staff
provided Mr. Hoffee with resource and contact information.
Staff attended the Economic Development Corporation of ,~}outhwest Riverside County
Quarterly Luncheon on January 31st at Callaway Vineyard & Winery. Mayor Roberts, Ann
Mayer, Director of Caltrans, and Eric Haley, Executive Director of the Riverside County
Transportation Commission (RCTC), were guest speakers. The program, "On The Right Track
In Southwest Riverside County," provided insight as to what tran.,~portation issues and needs lie
ahead and what exciting transportation Uin-roads" are being planned for future growth in
Riverside County.
Staff attended the Southwest Riverside County Economic Alliance Broker's Breakfast at
the Lake Elsinore Diamond Stadium on January 29~'h. The Alliance provided the brokers with an
update of their activities and marketing materials. Alliance consultant Ron Nater discussed the
current and future direction that the Alliance is taking in pursuing high-tech businesses for the
Southwest Riverside County region. Each of the Alliance Partnem gave a brief activity report on
their community. Staff prepared handouts for the brokers which included a copy of the City's
new brochure, statistics, rezoning of Crystal Ridge, General Plan Update, information on
upcoming projects and a pdnt out of the City's website for their review and comment.
Staff attended the Inland Empire Economic Partnership Co~rnmunity Partner's Meeting on
January 24t~. Highlights included the following:
The IEEP 2002 Fact Book is completed and 10 copies were distributed to each of the
partners. The CD Rom will be ready for the MDM trade show in February. A direct
mailing of the CD Rom is scheduled for late February.
The IEEP is developing a marketing tri-fold to distribute at trade shows and certain
events.
IEEP will be developing new ads for 2002.
The IEEP Hi-Tach Program is seeking funding and has applied for a Regional
Technology Alliance Program Grant.
Issues concerning California Trade & Commerce were diiscussed which included leads
distribution, site visits and overall structure of the organization. IEEP incoming chairman
George Reyes has met with CALED regarding these issues. CALED has contacted the
California Trade & Commerce Agency to address these concerns.
Workforce Development Initiative has two functions:
1) To manage employer hot line
2) To provide service to high tach employers through iet~chjobs.com which will be up
and running soon.
The inland Empire Film Commission and various funding options for the program were
discussed. It costs approximately $t50,O00/year to fund the Inland Empire Film
Commission.
Information was given out on the Small Business Reciprocity Program. The program is
a one-stop certification for small businesses, which is utilized by state & local
governments (streamlines certifications processes).
Staff and Chamber representatives attended a meeting on January I0t" at the Temecula Valley
Unified School Distdct regarding school/business partnerships. The School District is
exploring ways in which the District can partner more closely with the City and business
community in developing programs that will prepare students for entry into the workforce.
Staff attended the Southwest Riverside County Economic Alliance meeting on January 9th.
Copies of the new SWRC Economic Profile were distributed. The budget was reviewed and
discussed. The Alliance is working with California CEO on an 8 - 15 page Southwest Riverside
County insert, which will come out in September. Reprints of the insert will be utilized in the
Alliance direct mail campaign. Consultant Ron Nater reported that he has completed the first
mailing to 27 - 30 bio-tach companies in San Diego. He is currently following up with phone
calls and setting up appointments for site visits.
Staff met with representatives of the Theater Foundation on January 14th to discuss their ideas
for an event in Old Town to raise funds for the Theater. They would like to hold their event
on Saturday, August 31st in the evening. The event would be coordinated with the City's Hot
Summer Nights program. The Theater Foundation will meet with the Economic Development
Sub-committee to discuss the proposed event. Upon the Sub-committee's recommendation,
the event will be presented for Council consideration.
Staff attended the EDC of Southwest Riverside County Board of Director's Meeting on
January 17~. An update of the Villages of Old Town project will be given at the February
meeting. Several board-member changes were made. Updates were given on the EDC Golf
Tournament and EDC Quarterly Lunch. RCIP updates were given which included: ~. Gary Albaugh reported that the RClP was near final draft.
~ Jim O'Grad.¥ reported that the City of Temecula would host a special RCIP workshop on
January 29'".
David Phares reported the RCIP Planning Commission would meet with the Advisory
Committee to review and discuss the final draft, which still required further consideration
before approval.
Marlene Best reported that the Lake Elsinore City Council would review a conceptual
plan at an upcoming Council meeting.
During the month of January, staff attended several meetings concerning the Harveston
development and lake project.
On January 28th, staff met with Bob Dowden of Guidant to discuss an on-line Tech Jobs
listing for our region and the funding for this program (i.e. EDA grant).
TOURISM
Tourism Trade Shows
Staff has been working with the Inland Empire Tourism Council (IETC) on exhibiting at the
Orange County Register Travel Show. The show will be held at the Orange County Fair
Grounds on February 2 & 3. As a Board Member of the IETC, Temecula is able to attend the
show free of charge.
Staff made arrangements with the San Diego Convention & Vi=sitors Bureau to exhibit with the
Bureau at the Los Angeles Times Travel Show, which will be held February 16, & 17 in Long
Beach. As a member of San Diego CONVIS we are given ~, discounted rate for our booth
space.
Medial Outreach Materials
Temecula has a co-op ad placement in Where Magazine Orange County. The San Diego
Where Magazine recently included Temecula Valley Wine Country in their article featuring San
Diego's Wine Country. (See attached.)
Staff provided Mary Jersin of Cathay Pacific Airways with tourism information and slides on
Temecula. This Hong Kong based airline operates 5 gateway:s. They produce an employee
newsletter that is sent to 14,000 of their employees that are located all over the world. When
employees visit Los Angeles, they look for great side trips. Temecula will be featured in one of
their upcoming newsletter. They also produce an in-flight magazine and staff will following up
with Ms. Jersin about a possible article on our area.
Staff provided toudsm information and slides to Cathy McKinley. She wrote an article on
tourism in the Temecula Valley, which will be published in an upcoming issue of Inland Empire
Magazine.
The Anaheim/Orange County Official Visitors Guide 2002 ihas been released. This is a
comprehensive and attractive guide for visitors, travel agents, consumers and meeting planners.
405,000 are printed and distributed via consumer fulfillment, concierge desks, local airports,
ground transportation companies, press kits, travel agencies and on-site meetings/conventions.
The City is able to advertise in the guide through its member'ship with the Anaheim/Orange
County Convention & Visitors Bureau. (See attached.)
The 2002 Official San Diego Visitors Pocket Guide Winter/Spring edition has been
released. The Guide has a circulation of 200,000. It is distributed by the San Diego Convention
& Visitors Bureau, in convention delegate packets at the San Diego Convention Center, 100+
concierge desks throughout San Diego, International Visitors Information Center in Horton Plaza
and San Diego International Airport. The City is able to advertise in the guide through its
membership with the San Diego Convention & Visitors Bureau. (See attached.)
Staff provided toudsm information and fact-checked information on Temecula for Claudia Hards.
Her mother is a travel wdter who is writing a chapter on Temecula in the Great Escapes to LA
publication.
Staff supplied Temecula tourism and restaurant information to the Inland Empire Tourism
Council to include in their upcoming Inland Empire Visitor & Meeting Planner Guide.
Staff provided Jacquelyn Guy with PRA Destination Management in Palm Springs with
Temecula Rack Brochures. They are a prominent tour operating company that takes corporate
tours up to Temecula.
Staff provided a City ad to The Press Enterprise to inclucle in the Temecula Rod Run
program. There was no cost for ad placement as this was one of the sponsorship benefits the
City received.
Meetinfls
Staff attended the Chamber of Commerce Tourism Committee meeting on January 3rd.
Staff gave an update on the City's marketing activities, which included publicity in RV Journal,
Pilots Getaways, Association News, Southwest RV Traveler and PMI tourist textbooks as well
as advertising in Where Orange County magazine.
On January 17th, Jeff Comemhero, an Economic Development Sub-committee member, and
staff met with representatives of the Drifters Car Club and P 8, R Productions, to discuss the
funding of the Temecula Fall Cruising and Car Show. At that time the groups provided an
overview of their proposed event. The event went before the Ci~/Council on February 12th.
On January 16'~, staff and individuals from our local tourism industry met with Fran Katz,
National Sales Manager for Tucson Lifestyle Magazine, to discuss a co-op advertising
opportunity. As a San Diego Convention and Visitor Bureau promotion, Tucson Lifestyle will be
publishing a special feature on ~The Lure of San Diego~ in their April issue. The magazine
reaches 34,000 affluent Tucson residents who look to San Diego for vacationing.
Staff attended the Ontario Convention & Visitors Bureau I',OCVB) Annual Membership
Meeting on January 23rd. Ty Stroh, Executive Director of the OCVB, provided a review of its
accomplishments of 2001 and also unveiled plans for the upcoming year. Guest speaker,
George Kirkland, President of the Los Angeles Convention & 'Visitors Bureau, spoke on the
current state of California's toudsm economy and how Los Angeles is addressing the slowdown.
He provided an overview of their marketing strategy and areas they will be focusing on.
ATTACHMENTS
Temecula Valley Chamber of Commerce Activities Report
Economic Development Corporation of Southwest Riverside County
Activities Report
Southwest Riverside County Economic Alliance Activities Report
Inland Empire Economic Partnership Activities Report
Temecula Valley Film Council Activities Report (not submitted)
Media/Advertising Coverage
27450 Ynez Road, Suite 124
Temecula, CA 92591
Phone (909) 676-5090 · Fax (909) 694-0201
February 8, 2002
Shawn Nelson, City Manager
City of Temecula
43200 Business Park Drive
Temccula, CA 92590
Dear Shawn,
Attached please find the Monthly Activ/ty Repo~ provided as per cur contract with the City of
Temecula.
2~i,~; is the month of January at a glance:
Business Inquiry Highlights:
In thc month of January, 9 businesses requested information on starriug or relocating their business in
Temccnla. They received a business packet, which includes a copy of the City of Temecula
demographics, relocation, housing, rentals, maps, organizations, etc.
Chamber Board Update:
Guidant Corporation at Menlo Park contacted the Chamber to send a representative to inform
cmpioyee's about relocation and the quality of life in Temecula. Chairman of the Board, Mr. Ron
Bradley visited and presented a relocation presentation to over 100 employees. We have been in
close contact with Guidant and have offered additional rental information.
Committee Highlights:
Tourism & Visitors Council: Tourism Council members receiw:d a great response while
promoting Temecula at the Orange County Register Travel Show on February 2, 2002. The
Council will also promote Temecula at the Glamer Travel Show held at the Lake Elsinore Outlet
Center on February 13 and the Los Angeles Times Travel Show on February 16 & 17, 2002.
Temecula is promoted to consumers, travel industry, tour operators, group travel planners and bus
tours operators. Photo enhancements have been added to the "Big: Business Presentation".
Committee members will promote the presentation to clubs and organizations in the area.
The Chairman for the 2002 Tourism committee is Ken Westmyer of Comfort Inn and Co-
chairperson is Cherise Manning of A Grape Escape Balloon Adventure.
Edt, cation Committee: The co-chairs for the 2002 Education Committee are Donna Wilder,
Coordinator of the Temecula Center for Mt. San Jacinto Community College District and Jimmy
Moore (Retiree). The Chamber will partner with The Workforce Development Center's Hire-A-
Youth Program, The Promenade in Temecula, and R.O.P to host the Temecula Valley Youth Job
Fair. The fair is scheduled for May 18, 2002 at The Promenade in Temecula. Workshops are
scheduled prior to the fair to educate students on the interviewing and application process. Last
year's event was a huge success with almost 50 employers participating and over 500 students
applying for jobs. The committee has scheduled Dave Allmen, TVUSD Superintendent, to speak
at the February 14, 2002 meeting.
Ways & Means Committee: The Ways & Means Committee reviewed their Goals for 2002.
The Committee's focus for the year will be increasing Committee Member involvement in the
different Sub-Committees. The Installation Committee is currently working on the details for the
Installation Banquet, which will be held Saturday, February 23, at Pechanga Entertainment
Center from 5:30 p.m. till 11:00 p.m. The event will recognize Sterling, Oold and Platinum
Business of the Year, Citizen of the Year and Ambassador of the Year. A new Category has been
added to the Awards Ceremony to include Non-Profit Organization of the Year.
Local Business Promotions Committee: The Local Business Promotions Committee reviewed
their Goals for 2002. They are concentrating on improving comnmnity involvement in the Shop
Temecula First campaign. The Businesses of the Month for February selected by the Education
Committee are FACTS Families & Autistic Children Together Succeed and Sally Kunau -
Re/Max Experience. Other campaign winners are Vail Ranch Family Chiropractic ~vas awarded
the Chamber Spotlight, and Bucketeer Maintenance is the Mystery Shopper winner for the month
of February.
Government Action Committee: SB1286, introduced by Senator Ray Haynes is an amendment
to the Revenue and Taxation Code that would allow a deduction t6r specified portion of net
operating losses that, in general are allowed to be carried forward for specified periods. Federal
limits allow I00% carry forward, but California Law allows only a 65% carry forward. This
would offer help to businesses hard hit by the September 11, 2001 disaster, especially the tourism
industry. The Board of Directors has voted to support this bill. SB1743 sponsored by John
Campbell would make changes to the California State Tax code to bring it into conformity with
the Federal Tax Act and provide increases in the amounts that may be contributed to retirement
accounts. TVCC Board has voted to support this bill.
Membership Committee The January mixer, hosted by Tax Concept was a huge success with
over 300 members in attendance. Over 100 members, enjoyed the Ambassador NeP, vorking
Breakfast on January 23, 2002. An Open House is scheduled Tuesday, February 12, 2002 for
new members at the Chamber Office.
Tourism Highlights (Bulk brochure distribution)
Activity Report:
· 1,000 Temecula brochures to the Temecula Valley Unified School District for distribution in tile
teacher's relocation packets.
· 92 Temecula brochures, 92 Winery brochures and 25 Visitor Guides were distributcd to PHMA
International for their annual seminar.
· 50 Temecula brochures, 25 School brochures and 25 Visitor Guides to McMillin Companies at
Temeku Hills visitors center.
· 60 Visitor Guides and 30 Winery brochures to the Embassy Suites Hotel for distribution to
guests.
· 50 Temecula brochures, 50 Visitor Guides and 50 Winery brochures to the Temecula Creek Inn
for distribution to guests.
· 50 Temecula brochures and 50 Winery brochures to Best Value Travel for distribution to the tour
group.
· 50 Temecula brochures and 50 Winery brochures to PRA Destination Management for
distribution to clients.
· 25 Temecula brochures and 25 Winery brochures to Shannon Hoffman for distribution to
prospective buyers at her open house.
· 20 Temecula brochures, 20 Visitor Guides and 20 Winery brochures to the Sunshine Rollers RV
Group for distribution while visiting Temecula.
· 20 City Reference Guides and 15 Visitor Guides to Lennar Homes for distribution to prospective
homeowners.
Marketing Itighlights:
Ten of Temecula's major event applications were submitted by Chamber staff to be placed in the
2002 California Celebrations publication. The 48-page publication, is California's official
source of events and features more than 1,200 annual celebrations. We are proud to report all ten
events have been accepted and will be placed in the Califomia Celebrations 2002. A copy is
enclosed in your packet.
Activity Report:
· Total Tourism calls were 1,82 lin January.
· Total Phone calls were 3,490 in January.
· Total Walk-ins were 3,073 in January.
· Total Mailings were 359 in January.
· E-mail requests were up 44.39% in January.
Also, attached are the meeting minutes for the Tourism and Visitors Council, Education, Ways &
Means, Membership and Marketing, LocaI Business Promotions, Government Action Committee's
California Celebrations 2002. If you have any questions regarding this information, please call me at
(909) 676-5090. Thankyou.
Sincerely,/~
President/CEO
cc: Mayor Ron Roberts
Mayor Pro Tern Jeff Stone
Councilman J¢fl'Comerchero
Councihnan Mike Naggar
Councilman Sam Pratt
Shawn N¢lslm, City Managcr
Jim O'Grady, Assistani City Manager
Gary Thomhill, Deputy City Manager
Gloria W~)lnick, Marketing Coordina~r
TVCC Bom,d o1' Directors
TEMECULA VALLEY CHAMBER OF COMMERCE
MONTHLY ACTIVITY REPORT
FOR JANUARY, 2002
PHONE CALLS
TOURISM
TOURISM REFERRALS
Calendar of Events
Special Events
General Information
TOTAL TOURISM CALLS
Chamber Vis. Center
This Month This Month
346
217
289
969
1,821
Total
Year-To-Date
346
217
289
969
1,821
RELOCATION
DEMOGRAPHICS
CHAMBER
MISCELLANEOUS
TOTAL PHONE CALLS
* CHAMBER REFERRALS
167
90
1,170
242
3,490
N/A
167
90
1,170
242
3,490
N/A
WALK-INS TOURISM
CALENDAR OF EVENTS
SPECIAL EVENTS
GENERAL INFORMATION
RELOCATION
DEMOGRAPHICS
CHAMBER
MISCELLANEOUS
TOTAL WALK-INS
318
145
57
973
197
67
793
223
2,773
147
5
0
141
2
0
0
5
300
465
150
57
1,114
199
67
793
228
3,073
MAILINGS
TOURISM
RELOCATION
DEMOGRAPHICS
TOTAL MAILINGS
144
101
I14
359
144
101
114
359
E-MAIL
TOURISM
RELOCATION
MISCELLANEOUS
TOTAL E-MAIL
WEB PAGE USER SESSIONS
66
5O
180
296
N/A
66
180
296
N/A
GRAND TOTALS
PHONE CALLS
WALK-INS
MAILINGS
E-MAIL
THIS MONTH
3,490
3,073
359
296
YEAR-TO-DATE
3,490
3,073
359
296
CHAMBER REFERRALS N/A
ANNUAL VOLUME COIVIPARISONS
Chamber Chamber
January, 2001 January, 200:2
Percentage
Increase
PHONE CALLS
TOURISM
Tourism Referrals 334 346 4
Calendar of Events 152 217' 43
Special Events 363 289 -20
General Information 1,230 969 -21
TOTAL TOURISM CALLS 2,079 1,821 -12
RELOCATION 181 167 -8
DEMOGRAPHICS 68 90 32
CHAMBER 1,495 1,170 -22
MISCELLANEOUS 191 242 27
TOTAL PHONE CALLS 4,014 3,490 -13
CHAMBER REFERRALS N/A N/A N/A
WALK-INS
TOURISM 274 318 16
CALENDAR OF EVENTS 150 145 -3
SPECIAL EVENTS 66 57 -14
GENERAL INFORMATION 944 973 3
RELOCATION 206 197 -4
DEMOGRAPHICS 72 67 -7
CHAMBER 933 793 -15
MISCELLANEOUS 153 223 46
VISITOR CENTER WALK-INS 336 300 -11
TOTAL WALK-INS 3,134 3,073 -2
MAILINGS
TOURISM 133 144 8.27
RELOCATION 144 101 -29.86
DEMOGRAPHICS 105 114 8.57
TOTAL MAILINGS 382 359 -6.02
E-MAIL
TOURISM 55 66 20.00
RELOCATION 49 50 2.04
MISCELLANEOUS 101 180 78.22
TOTAL E-MAIL 205 296 44.39
* Chamber referrals reflects faxee, walk-ins and phone calls
2-12-202 12;3SPM FROM P. 2
EDCO"
February 8, 200:2
~lim O'Orady
City of Temecula
PO Box 9033
Tcmecula, CA 92589
RE: Activity Summary - January 2002
Business Develonment
Staffreceived the following five business development leads:
A phone inquiry from Joleen Hubbard of Southern Spice Catering in Murrieta, who
requested assistance wRh marketing her business locally. Southern Spice is a mobile
catering company that specjallzes in southern barbecue cuisine using a one-of-a-kind
smoker/barbe6aae. Ms. Hubbard's primary market is the on-site corporate banquets, picnics,
etc., in the San Diego region. Staff provided Ms. Hubbard ~fith various contacts relative to
local catering, including contacts and mixer information for the Chambers of Commerce in
Lake Elsinore, Murrieta, and Temecula.
· A phone inquiry from Rachel Nalor of Andy's Glass in Mun~ieta, who requt~ted to'hnical
assistance with the purchase of their building. Andy'$ Gl~;s has been in Murrieta for over
ten years and will make a building purchase in August 2002. Staff referred Ms. Nalor to an
EDC-mernber commercial broker to provide assistance in starting the purchase process.
· A phone inquiry from Leon Silverstcin of Arch Aluminum & Glass in Florida, and with
multiple sites nationwide. Mr. Silversteln was looking to open a new facility in Southwest
Riverside County while serving a market in San Diego =and Los Angeles. He would
consider a build-~o-~ult or spec building of approximately 60,000- to g0,000-square,-feet.
Arch is a high-energy, user and would require a 4,0oo amp transformer. Mr. $ilverstein
rcquasted regional information including zoning, permits, land-use availability, utility
information and site selection. Staff forwarded the request ,Io Stevie Field of thc SWRC
Economic Alliance and to the city/county partners.
· A phone inquiry from Lance Roberts of Southwest Sltrategies representing RJH
Development. RJH is the developer for The Villages of Old Tow.,, a proposed housing
development in Temecula. Mr. Lance requested an audience of the EDC Board to view a
presentation o£ the project. The Board will discuss a possible presentation at the Januavj
meeting.
2-12-202 12:~GPM FROM P-~
Jim O'Grady
City of Teme~ula
Activity Summary- January 2002
Page 2 of 3
A phone inquiry from Carl Denton, who is building a "wm~," facility in from of Palomar
Winery. Mr. Denton will not have a vineyard, but will build a 2,500-square-foot building with
a small parking lot on four acres. Hc will contract with Thontton and Wilson Creek Wineries
to bottle at~d label his own brand. His land is in escrow x~rith building plans submitted to
Riversidc County for approval, lvir. Denton requested Fast-Track assistance for his project.
Stafl contacted Rob Moran of Riverside County EDA for further assistance. IVLr. Moran is
working with Mr. Denton on several issues rdativc to a "sdnery" that does not include a
vineyard.
Community Outreach
Staffattended the following meetm§s/cvents to promote or as~st ecenomic development:
Professional Women's Roundtable Meeting - Guest sp~,ntker: Linda Hadley, CO0 of
Southwest Healthcare System (1/3)
· Meeting with Michael Hoffee of Zero Golf- Business ret~mtion visit by invitation of Jim
O'Grady, City of Temecula (1/14)
· Meeting with Rikki Bauer of Medical Extrusion Technololgies/Bl~,T Plastics in Mun-ie~ -
Business retention visit and intc~iew for an EDC article in ~te February issue of The Valley
Business Journal (1/14)
2002 SWRC Career Fair Meeting - Discussion and planning of the 2002 Career Fair (1/15)
· Meeting with Don McAullife of The Press-Enterprise - By invitation of Stevie Field. Mr.
McAullife requested an interview for a news article on the E¢~onomic Alliance and economic
development/business attraction efforts. The article was published on February 5. (1/18)
· CDC Small Business Finance Third Annual Award Lun,~eon - By invitation of Gary
Youmans of Community Nation Bank and EDC Board Presideat. Lending partners honored
for their exemplary service in small business lending and o:~mmunity development during
:001.0/23)
· SWRC Economic Alli~nee Bmld'ast - Topic: Economic Development Update (1/29)
o E]0C Quarterly Ln,,cheon - Topic: Transportation needs in SWRC. Presenters: Tcmecula
Mayor Ron Roberts, Erie Haley of Riverside County Transportation Commission and Anne
Mayer of Caltrans (1/3 !)
Business Reteatlon
* Business Relations Committee Meeting - (1/3/01) See attached meeting minutes for
discussion topics.
Administration/Organization
· EDC Board or Directors Meeting held in the Workforc¢ Development Center in Temecula.
(1/17) See attached meeting minutes for discussion topics.
2-12-202 12:36PM FROM P. 4
Jim O'C_rcady
City of T~nnecuh
Activity Summary - January 2002
Pa§e 3 of 3
Admialstration - Staff managed the daily operations of the~ EDC ot~ve; updated the EDC
web$ite; cmailed various EDC and business updates to the membershipfousiness community;
coordinated the EDC quart~ly newsletter, coordinated the EDC quarterly luncheon for
January 31; submitted a monthly EDC news article for The Valley Business Journal; and
submitted an 2001 award application to CALED for the EDC Business Relations Program in
the business retention category.
This concludes the a~tivity su~ for January 2002, Shou)ld you have questions or nccd
further detail, please call me at 600-6064.
Diane Sessions
Executive Director
2-12-202 12:37PM FROM
ECONOMIC DEVELOPMENT CORPORATION
OF SOUTHWEST RIVERSIDE COUNTY
BUSINESS RELATIONS COMMITTEE MEETENG
Thursday, J~muary 3, 2002 - 9:00 ,',.m.
Workforc~ Drvelopment Center, Executive Board Room
27447.Enterprise Circle We~t, Teme~ula, CA
Committee Members Present:
Keith Johnson~ Mission Oaks National Bank
· Dick Kurtz, CDM C-~oup
Michael L~win, Mirau, Edwards, Cannon, I-Iarter & Lewin
Mark O'Connor, Lee & Assoviatcs
Y~rn O'C-rady, City of Temecuia
Rex Oliver, Murrieta Chamber of Co~anerce
Paul Ramsey, Keeton Construction.
Tony Renz, Diversified the StaffinE Solution
David Rosenthal, SWRC Manufacturers Council
Diane Sessions, EDC Staff
' Call To Order
· Committee Cha/r Michael Lewin called the m~ting to order at 9:04 a.m.
Also In Attendance:
Mercuries Soto, EDC Staff
Welcome
* Michael Lew/n welcomed committee members and thanked all for attcading.
FoHow-uo Action Reports
· American Industrial Manufacturing Services, Inc. (AIMS) - David Rosenthal spoke to Ted Harin§ of
Eastern Municipal Water District and Greg Morrison of Elsinore Valley Mun/cipal Water District to obtain
information on landing/tax credits for manufacturers that recycle water, He will forward the information to
AIMS. Item remains open.
· Osomo Corporation - David Rosanthai to provide possible options ti) help reduc~ expenses in elc~-trical use
and to provide information on export development. Jim O'C-rady suggested prov/ding information on small
industrial development bonds. Diane Sessions provided/v, formation on ]~dison's electrical rebate program.
Item is dosed.
· St~r Manufacturin§ - Diane Sessions sent energy rebate information to Wayne Cr/]kcy.
· Multi-Visual Produ¢~ (MVP)- Rex to follow-up with Loft Moss regarding Verizon DSL availability.
Coml~anv Contact Revorts
· There were no contact reports for the month of December 2001.
Goal Pro~re~s Reoort
· Michael Lewin announced that visits and phone inte4~,iews in the sixth month of the fiscal year were as
follows:
27visits(~3 pointscach + 33 phone inter~/ewsi~lpoin~each=60vi~t~calls~ll4 points
YTD VISIT PHONE POINTS
Goal 27 33 114
Actual 11 4 37
Variance -16 -29 - 77
2-12-202 12:37PM FROM P-~
Business Rehtions Committee Meeting
Minutes - Sanuaxy 3, 2002
~'Page 2 of 2
Fie fiirther announced that the Committee was slightly behind in their telephone goals.
New Committee Assit~ments
* Committee members assigned for Sanua~ 2002 visits were Rex Oliver and Loft Moss - Binder #1, Stevie
Field -. Binder #2, and Kelth Johnson - Binder #3. Dick KurCe volunteered to assis~ with Murri~ta
Development Co,, and David Roscnthal volunteered to assist with to Exhibit Technology.
* Strategic Visits - Milgard Manufacturing, Magnecomp Corporation -,ad Kemmis Equipment.
EDC News and Other Informat(gn
EDC Board Update - Diane reported that the December Board meeting had been canceled; the Press-
Emerprise Career Fair would be in April and the site had not yet been confumed; the EDC luncheon would
be held on January 314 at Callaway Winery and the topic would be transportation.
City, County & Chamber Updates - City ofL~ke Elsinore - No report available. C//y of Temecula -
Jim O'Grady reported the voting-related lawsuit would be a he~rd on ~Ianuary I 0s; the City received approval
for early a~uisition ~om Caltrans for the Date/Chen'y interchange where the City plans to construct a
southbound exit; Lennar to start grading for the Harveston project in February, with thc grand opening
sometime in February 2003; the I-Iarveston Agre~men~ provides for th,~ right of way of about twelve a~rcs as
part ora specific plan, which is a ten-year project. C/0' ofMurrieta ~ Rex Oliver reported that Dick Ostling
was Murrieta's new Mayor; the Jefferson co~dor was moving along well~ the City's housing element
reported last month by Lori Moss was approved by the State; in~erch~n§e at California Oaks and 1-15 will be
reconfigured; the annexation was approved and will increase population by 7,500 residents; a developer had
proposed tO build a new shopping center at Clinton Keith and Californ~ia Oaks. Riverside Cout~ ED,4 - No
report available. Temecttla Valley Ckamber of Commerce ~ David Rosenthel reported that newly--elated
Chairman Ron Bradley and Vive Chairman Chuck Washin~on will b~ officially inducted at the installation
dinner scheduled for February 23~. Murrieta Chamber of Commerce' - Rex Oliver reported the Chamber's
new website was up and running; there would be a Chamber mixer at Leisure Living - date unknown. L~e
Elsi~ore valley Chamber- No report available.
Mark O'Connor reported on an article in Golf Week - Temecula-ba~xi company Zevo Golf has designed a
larger driver, which is approximately 425 cc's. The company had alreluty invested a large sum for its design
and production. The USGA is considering limiting the siz~ of all drivers to 350 cc's and this new rule would
have an immediate and detrimental effect on their company.
Adiournment
The meeting adjourned at 10:00 a.m.
2-12-202 ~:~I~M FROM P-2
DRAFT
ECONOMIC DI~,VELOPMENT CORPORATION
Olt SOUTHWEST RIVERSIDE COUNTY
BOARD O1~ DIRECTORS GENERAL MEETING
Thursday, January 17, 2002 - 9:00 a.m.
Workforct Development Center
27447 Enterprise Circle West, Temec~eln, CA
DRAFT
BOARD MEMBERS
Merlene Best, City of Lake Elsinor~
Mike Doblado, The Promenade In Temecula
Stevie Field, SWRC Economic Alliance
Dennis Frank, UCR Extension
Ron Holliday, City of'Murders
Keith Johnson, Mission Oaks National Bank
Bruce Keeton, Keeton Construction
Dick Kurtz, CDM Group, Inc.
Phil Oberhansley, Cannon Parks & Oberhansley
Jim O'Cn'ady, City of Temecula
Rex Oliver, Murrieta Chamber of Commer~
David Phares, D. L. Phares & Associates
IgOC ST~d?F
Diane Sessions
Mercedes Sore
MEMBERS AND GUESTS
Gary Albaugh, The Gas Company
Frank Casciari,
California Bank & Trust
Paul Ramsey, Keeton Construction
Ed Sternagle, UCR Connect
CALL TO ORDER
* Board Vice President Ron Holliday called the meeting to order at 9:0:; a.m. Self introductions were made to
welcome new attendees.
MINUTES
* The Board reviewed the minutes of the November 15, 2001 Board of Director~ Meeting. Motion was made
by Jim O'Grady, so:omied by Dick Kurtz and carried unanimously to approve the minutes of the November
15, 2001 Board of Directors M~ting as amended by correcting Jim ging's employer's name from "Southern
California Edison" to "The Gas Company" on page I under Bovril Members, and by changing the word
"would" to "could" on page 2, line. 3 under Co_0tinuing Busine~ - Temecula General Plan Advisory
Committe~ Update.
FINANCIAL REPORT
· The Board reviewed the November 30, 2001 Financial Report th;~t showed total monthly revenues of
$22,400, total expenses of $6,021 and total cash-in-bank of Sg8,495.70. Diane S~sions reported the City of
Temevula's contribution of $20,000 was received plus $1,500 in otl~.er membership renewals. The Board
reviewed the December 31, 2001 Financial Report that showed total monthly revenues of $8,118, total
expenses of $6,742 and total cash-m-bank of $90,094.96. Ron Holli&~y noted that both months' Statements
of Revenues and Expenses showed an incorrect amount under Total E~penses Year-to-Date. Both linc items
showed the same amOUntS as the Total Revenues line items. Ms. Sessions reported an Excel formula was
likely the reason for the error and she would correct the documents. Motion was made by David Phares,
seconded by Phil Oberhensley and carried unanimously to approve thc November 30, 2001 and December 31,
2001 Financial Reports as amended by correcting the Total Expresses Year-to-Date line items on the
Statements of Revenues and Expenses.
2-12-202 B:~IPM FROM
Economic Development Corporation
of Southwest Riverside County
Board o£Directors Meeting - January 17, 2002
Minutes - Page 2 of 4
NEW BUSINESS
* The Villages of Old Town Project Discussion: Diane So.leas reported a representative of R)H
Development contacted her regarding .The Villages of Old Town project. She reported The Villages wes a
proposed hauling project for development on the ridge above Tgmecula's Old Town. She futlhar noted that
Po'qFI requested the opportunity to present the development to the EDC Board and to any other business
leaders in Temecula. The Board discussed thc proposed development and agreed there would be no specific
benefit at this time to host a preparation. David Pharos recommended the EDC support the Temecula City
Council relative to the pro~eet's economic development issues, ii'needed later in the planning.
, EDC Directors' Seats: Diane Sessions reported that several board-member changes were made. She stated
that Jim King of The Gas Company would no longer hold the ~DI2 membership or board seat, as he was
reas.qigned to a new region within his company. Similarly, Rea Bradley would no longer represent the UCR
Connect membership and board position, as be would fulfill his chairman role of thc Iemecula Valley
Chamber of Commcme. She furthvr reported that Gary Albaugh wo~dd assume the membership role of The
Gas Company and that Ed Stemagle, executive director of UCR C~nnect would assume that membership.
Ms. Sessions noted that both vacated board ~ats were non-transferable to the new acting members, as they
were elected positions. Mr. Albaugh and Mr. Sternaglc indicated their interests to sit on the Board as
appointees to the vacated seats. For administrative purposes, the Board requested letters of resignation from
Jim King and ll, on Bradley. and letters of interest from Gary Albaugh and Ed Sternagle to sit as eppoimed
board members.
* Personnel Mattem: Discussion tabled. The Executive Board to ment next week for further consideration of
personnel matters.
CONTINUING BUSINESS
Temeeula General Plan Advisory Committee Update: No report available.
* Golf Tournament Update: Diane Session~ reported the EDC goff tournament would be held on a new date
of Thursday, June 27, 2002 at SCGA in Murrieta.
· EDC Quarterly Lunch Update: Ms. Sessions reminded the Board to RSVP for the upcoming luncheon on
January 31. She announced the currem reservation count was up to 35 guests and the maximum number of
guests was 80.
, Energy Issues: No new updates or issues.
. RCIP Update: Gary Albangh reported' the RCIP was near final draf~ aeeording to Super~sur Jim Venable.
.rrm O'Gredy reported the City of Temecula would host a special RCIP workshop on Janumy 29 at 5:30 p.m.
David Pharos reported the RCIP Planning Commission would m~='t with the Advisory Committee to review
and discuss the final draft, which still required fur£ber consideration betbre approval. Marlane Best reported
the Lake Elsinore City Council would review a conceptual plan at an upcoming Council meeting.
OPEN DISCUSSION
· SWRC Ecoaomi¢ AHiance Update: Stevic Field reported the Ecommaic Alliance would host a regional
economic development update breakfast on January 29 at 8:00 a.m., at Diamond Stadium in Lake l~,lsinore;
the regional demographic profile was handed out to the Board; and the ,~dliance would market to bio-medical
and tech companies in San Diego through solicitation letters.
2-12-202 S:52PM FROM
Economic Development Corporation
of Southwest Riverside County
Board of]Directors Meeting- January 17, 2002
Minutes - Page 3 of 4
EDC Administrative Update: The Board roAcwed the December 2001 EDC Activity Report submitted by
Diane Sessions.
· UCR Connect: Ed Sternagle reported the next Springboard meeting would be held in Riverside on January
18; OCR Cotmeet was working with Core 21 to explore mutual venture capital proj~ts; the next Links lunch
on business valuations was scheduled for January 25; and UCR Connect would host a meeting on January 24
at UCR Extensiun-Riverside to consider expanding the Athena Forun~.~ to Riverside County.
· Business Relations Committee: Diane Sessions repotted a CALED award packet would be submitled for
the EDC's 2001 business retention efforts by the Business Relations Committee.
, City, County and Chamber Updates: C#y of Laie £/s/nore -- Marlene Best reported the Council
continued to deal with water issues and she encouraged the Board to stay apprised; the watershed authority
would continue to meet every other Tuesday, the Council would consider a concessions contract for
Diamond Stadium; a pilot project to import recycled water back into Lake l~lsinore would begin on January
23 on a temporary two-year basis; the Council completed the City's mid-year budget revie~r, a presentation
by civic panners on the back basin development was s~heduled for January 30; thc City's Economic
Gardening Program was presented to the City of Pasadena last month; the new McVicker fire station and
skate park would open in March; new housing developments were in process; the bid for the downtown
outflow-channel improvements was awarded; and Sally Meyers / Lake Elsinore Sizzler was honored with
Business of the Year. Ci(y ofMurrleta - Run Holliday reported the Jefferson Avenue improvements wei'e
approximately six months ahead of schedule; sewer improvements on Juniper Street and Adams Street were
nearly complete; grant funds would pay for new loop ramps at 1-15 ~ad California Oaks Road interchanges;
and the Town Square development was ongoing. City of Temecula .- Jim O'Grady reported on the Senior
Center improvement/expansion project that would include a new billiard room; a previous cap on funds
received through the Redevelopment Agency was modified, which would free up funds ~o build the
Children's Museum and Art Museum; the Council scheduled an RCIP workshop on January 29 that would
discuss TUMF fees, with a General Plan meeting to follow the workshop; the Council would review their
goals for the coming years; and the Rod Run was scheduled for Fei.mary 16 and 17 in Old Town. Lake
EIsinore Valley Chamber of Commerce - Marlene Best reported the Chamber's Annual Installation Gala
was scheduled for next week at Diamond Stadium; and thc nexl Lake ElsJnor¢ EDC lunch was scheduled/hr
FebmaW 14 at 11:30 a.m., at Diamond Stadium. Murri~a Chamber of Commerce - Rex Oliver reported
the Chamber would send out weekly news flashes via email; the. February mixer would be held at Inland
Valley Medical Center and would include a ribbon-cuRing ceremony for the new expansion; thc membership
drive was ongoing; and the next quarterly business lunch, "Dress for Success", was scheduled for January 24
at 11:30 a.m., at Bear Creek Goff.Cinb. Temecula Falley Chamber o]'Commtrce - Mike Doblado reported
the Chamber held their annual board elections and Run Bradley would serve as Chair, with Chuck
Washington as Vice Chair; the Chamber's Installation Dinner was scheduled for February 23 at Pechanga
Entertainment Center; and the building fund drive was ongoing.
· SWRC Manufacturers' Council - Dennis Frank reported the Council held their annual board elections and
David Rosenthal would serve another term as President; Diane Sessions and Dennis Frank would serve
another term as honorary board members.
2-12-202 5:~3PM FROM P. 5
Evonomic Development Corporation
of Southwest Riverside County
Board of Directors Meeting- January 17, 2002
Minutes - Page 4 of 4
ADJOURNMENT
At 10:05 a.m., motion was made by Di~ Kurtz, soconded by Jim O'Crr.~ly and carried unanimously to adjourn
the board meeting
Respectively submitted by:
Diane Seas/OhS
Recording Secretary
Phil Oberhansley
Board Secretary
130 So~h Main ~eet
(9~ 6743124
F~x (909) 67~2:392
TO:
FROM:
DATE:
SUBJECT:
ECONOMIC
ALLIANC]E
Madene Best Jim O'Grady
Assistant City Manager Assistant City Manager
City of Lake Elsinore City of Temecula
Stevie Field
Economic Development/Marketing Coordinator
February 10, 2001
SOUTHWEST RIVERSIDE COUNTY MONTHLY MARKETING UPDATE
Lori Moss
Assistant City Manager
City of Murrieta
Dear Partners:
Please consider this an update on the marketing acflviities for the Alliance as required in the
Southwest Riverside County Marketing for Business Attraction Agreement.
Leads:
A total of 10 leads were generated in the month of January. Six were referrals, two were from
Expansion Management, and we received two IEEP leads
Approximately 75 calls and/or follow-ups were made on recent and past leads.
Consulting
Ron and I continue to work on contacting biotech and biomed businesses as well as venture
capitalists in California. The second round of lettesr have been sent out to biotech
companies in San Diego and in Orange County. It is our goal to have a minimum of three
appointments scheduled to discuss SWRC and the opportunities for business and
investment. A more complete update will be provided at the regular Alliance meeting on
February 27u~.
Trade Shows
Ron and I attended the Medical Design & Manufacturing trade show in Anaheim February 5-
7. Although attendance was down from last year, it wa.~ a good show for the Alliance. There
was a lot of interest in Southern California and more specifically, the San Diego region. This
was the perfect opportunity to discuss the benefits of SWRC, being just a bit north of San
Diego, and how we do not have the high land and housing prices. I made some strong
contacts which I will follow up on next week. At this show, I took the presentation folder with
the brochure and demographic piece inside. All of the rnaterials I brought to this show were
taken by interested businesses!
My recommendation to the Partners is that we do no! participate in the upcoming WESTEC
2002 trade show on March 18-21. This show is targeting the machine tool and metalworking
industry, and I have found that this is not a heavily attended show bythe business decision
maker. Last year, I was only approached by machi~ists and engineers, not curious about
relocation or expansion, but curious as to what we were promoting. We can discuss this
further at the regular meeting on February 27t~.
Web-site/GIS
If you have not submitted your GIS information to me, please do so at your eadiest
convenience. I have submitted all of the data I have received to date to GI$ Planning. If you
have any questions on how to transfer your information to me, please let me know. I can
receive it via email, CD-Rom or we can upload it to a site that Anatalio has created
specifically for this project.
Re(3ional Update Breakfast
The 2002 Regional Update Breakfast was a succes,~. Although we had some no shows, I
believe due to the weather, all who came were excited about the things going on in SWRC.
Ron and I have been brainstorming for the next breakfast and have come up with some ideas
to increase attendance and provide even more information to our guests.
At our meeting on the 27~h, we can select a date for the next breakfast as well as start
thinking about the agenda.
CD-ROM
The CD-ROM has been approved and has gone tc, production. We should have them
available for distribution by the end of February.
Ad-series
I have released the RFP for the ad series as per our Alliance meeting in January. We are
requesting proposals for three concepts ora four-ad,,~eries for the AIliance. I will share the
results of the bidding process at the February meeting.
On an ongoing basis I attend the following meetings:
SWRC Manufacturer's Council
Temecula/Murrieta Group
Business Relations Committee
SWRC EDC
LE EDC
Economic Development meetings concerning the Southwest Riverside County region
UCR Connect meetings
If you need any additional information or have any questions, please contact me at (909)
600-6066.
Sincerely,
Stevie Field
Marketing/Economic Development Coordinator
Copy: Brad Hudson
Robin Zimpfer
Sarah Mundy
Robert Moran
Teresa Gallavan
· FEB 1 1 2002."
ZNL^ND ~M~mE ECONOMZC ~^R~r~Rs.zPECONOMIC DEVELOPMENT.
www. leep.com
ILEAL ESTATE SUCCESSES
(The IEEP reports monthly on significant real estate transactions that occurred with or without the assistam:e of IEEP, in order to provide leads to our members.)
Stremicks Heritage Foods LLC, a producer of extended shelf life dairy and nondairy products, has
leased 88,970~square-feet of industrial space at 1100 South Etiwanda in Ontario. The signing of this
ten-year lease is. valued at approximately $5.4 million. Len Sanloro of CB Richard Ellis-Ontario
represented the lessor, CalWest Industrial Properties LLC, in this deal. Source: Co-Star
Calico Brands, an importer and distributor of consumer products, has expanded its operations
leasing 228,423-square-feet of space in the Ontario Ridge Commerce Center located at the
southeast corner of Haven Avenue and Mission Blvd. Terms of the transaction were not disclosed.
Mark Kegans, Roger Rhoades, and Ron Washle of Grubb & Ellis (;ompany represented the lessor,
Ridge Realty Group, and Jeff Smith with Lee & Associates-Ontario represented the lessee in this
transaction.
Construction has beguq on an Arrowhead Mountain Spring Water bottling plant on the Morongo
Indian Reservation. The plant, which is expected to begin operations this summer, will employ 260
people and create 1,800 jobs throughout the Inland Empire. The vemure will supplement Arrowhead's
Ontario bottling plant that has bebn operating at full capacity for two years. Source: The Sun
Graco Children's Products Inc., a maker of juvenile products such as strollers, swings and car
seats, plans to expand its distribution operations in Hesperia closing its East Coast facility. The
expansion is expected to create approximately ten new jobs within two years and will add an
additional 36,000 square feet to their existing site located at 8787 Caliente Road. Source: Daily Press
American Showa, a Japanese company that makes and distributes shock absorbers for racing
motorcycles is moving its Torrance facility into 7,514-square-feet of space at 1235 Graphite Drive in
Corona and will employ about six technicians. Source: The Busines.~; Press
Mark Christopher Chevrolet Inc. has purchased 7.5 acres at 1947 (;on'vention Center Way to house
all vehicle models sold by the auto center, with an emphasis on its commercial trucks. About 15 to 20
people will be hired to work at the new site, which is expected to be fully operating in about a month.
Source: The Business Press
CALENDAR ITEMS
To register online for SBDC events: w~v~iesbdc,org
February 12, 19, 26: "Develop Your Plan For Success", this three-week, comprehensive seminar provides a
solid basis for creating your business plan. This seminar is being held from 9 a.m. to 12 p.m. at the Inland
Empire SBDC, 1157 Spruce St., Riverside. Cost is $40. For more information contact Melanie Cote at
909.781.2345.
February 20: "Get the Tax Facts" straight from the source! This one-day workshop is being presented by an
enrolled agent from 9 a.m. to 3 p.m. in San Bernardino, free of charge. For more information contact Melanie
Cote at 909.781.2345.
February 21: Know your numbers! The "Go Figure" seminar is being held from 9 a.m. to 12 p.m'. in Rancho
Cucamonga, free of charge. This Entrepreneurial Finance and Accounting seminar will give you a basic
overview of accounting and finance principles for a small business. For more information call 909.466.6244.
February 21: The "QuickSuccess with QuickBooks Accounting Software (Intermediate/Advanced-Part II) is
being held from 6 p.m. to 9 p.m. in Victorville. Cost is $25. For more ir,formation call 760.951.1592.
February 26: The "Business Community Workshop" will introduce attendees to the vast contracting
opportunities offered by the State of California. This workshop is being offered at the Inland Empire SBDC,
1157 Spruce St. Riverside from 6 p.m. to 8 p.m., free of charge. For more information call 909.466.6244.
February 27: The "Business Community Workshop" will introduce, attendees to the vast contracting
oppodunities offered by the State of California. This workshop is being offered from 9:30 a.m. to 11:30 a.m.,
free of charge. For more information call 909.466.6244.
February 28: The U;S. Small Business Administration (SBA) and banking personnel are presenting the "SBA
Loans and How to Get One" seminar in Palm Springs from 9 a.m. to 12 p.m. Cost is $15. For more
information call 760.864.1311,
March 12, 19, 26: "Develop Your Plan For Success", this three-week, comprehensive seminar provides a
solid basis for creating your business plan. This seminar is being held from 6 p.m. to 9 p.m. at the Inland
Empire SBDC, 1157 Spruce St., Riverside. Cost is $40. For more information contact Melanie Cote at
909.781.2345.
March 5: What you don't know can hurt you! "Payroll Tax" is a seminar presented by the California
Employment Development Department (EDD) and the IRS from 9 a.m. to 3 p.m. in Palm Springs, free of
charge. For more information call 760.864.1311.
March 6: "The Fundamentals of Electronic Commerce" is a comprehel'~sive seminar specially designed for
small business owners who desire websites that truly benefit the company and Provide a return on
investment. This seminar is being held from 9 a.m'. to 12 p.m. in Victorville. Cost is $20. For more information
call 760.951.1592.
CHECK. US OUT
IEEP ACTIVITY REPORT JANUARY
Business Development - noted three leads and 22 inquiries year to date. The Inland Empire Film
Commission (IEFC) - registered 101 total days of film. activity and 2,~.8 requests for locations, with three
permits issued in San Bernardino County, one issued in Riverside County, 12 permits issued for the BLM
San Bernardino County and two issued for the US Forest Department for an economic impact of $2,429,000.
Small Business Development Center (SBDC) - reported the retention of six jobs for an economic impact
of $14,530,500. The SBDC counseled 233 clients for 610 client hours, and conducted two training events
with 38 attendees.
Attendees at the recent Inland Empire Economic Partnership's (IEEP) "16~ Annual Presentation Dinner" were
captivated by the voJce of Sere-Lynn Walde of Cai State San Bernardino sin.qing the National Anthem and God Bless
America; dazzled by the magic of The Great Alexander Raguzi; and entertained by the witty humor of Bob Wolf,
Germania Construction, as Master of Ceremonies. The event, which drew 200 plus people, reflected on the
successes of 200'1 and 5poke to the visions of 2002 as well as recognizing the efforts of past Officers and introducing
the new Officers and Board of Directors.
We would like to welcome the new IEEP Officers and Board of Directors for 2002:
Chairman:
First Vice Chairman:
Second Vice Chair & Treasurer:
Secretary & Chair Economic Development:
Assistant Treasurer:
George Reyes, Best Best & Krieger LLP.
Mark Ostoich, Gresham, Savage, Nolan & Tilden
Russ Moore, Community Bank
Marcia McQuern, The Press-Enterprise
Dave Harris, Ernst & Young LLP
Tim Andersen, Citizen~ Business Bank
James Appleton, PhD, University of Redlands
Ann Atkinson, Center Chevrolet/Mazada of San Bernardino
Donald F. AveriJl, San Bernardino Valley College
Martha Badger, Southern California Logistics Airport
Joseph Barr, Swenson Corporation
Maurice A. Calderon, Arrowhead Credit Union
W. Augustus Cheatham, MSW, Loma Linda University Medical Center
Dwight Cromie, Altek Media Group
Linda Daniels, City of Rancho Cucamonga
Arnold Dickson, Southern California Gas Co.
Paul Earnhart, Lee & Associates-Ontario
Al Fabiano, Lee & Associates-Riverside
Maryetta Ferre, City of Grand Terrace
Henry Garcia, City of Rialto
Suzan Gilliam, County of San Bernardino
Jim Goudey, The Arrowhead Group
Bob Gray, The Sun - San Bernardino County
Linda B. Guillis, City of Moreno Valley
Supervisor Dennis Hansberger, County of San Bemardino
Dave Harris, Ernst & Young LLP
Gregg Hassler, Apple One Employment Services
John Husing, PhD, Economics & Politics, Inc.
Albert Karnig, PhD, California State University, San Bernardino
Norman King, San Bernardino Associated Governments (SANBAG)
Keith Lee, County Of San Bernardino
Wendy Mattioll, The Business press
Marcia McQuern, The Press-Enterprise
Wdliam Miller, California Speedway
Tony Mize, Native Building Corporation
Rusaell M. Moore, Community Bank
April ~,lorris, Associated Engineers, Inc.
Bill Nietschmann, Bank of America
Jamas B. O'Grady, City of Temecula
Mark Ostoich, Gresham, Savage, Nolan & Tilden
Knvin Palmer, City of Riverside
David Patterson, Wells Fargo Bank, N.A.
Rick Phillips, Southern California Gas Co.
George M. Reyes, Best Best & Krieger LLP
Bob Ridzak, Clear ChanneI-KGGI Radio
Al Sabsevitz, Verizon
Jeff Scerenka, Enterprise Funding Corporation
Donny Shorett, Crown Printers
David Slawson, Eastern Municipal Water Distdct
Supervisor John Tavaglione, County of Riverside
Phil Thomison, United Parcel Service
Gary Van Osdel, City of San Bernardino
Sean Varner, Yarner, Saleson & Brandt
Alan D. Wapner, City of Ontario
David H. Warrea, PhD, University of California, Riverside
Jack Wyatt, Strategic Communications
Robin Zimpfer, County of Riverside EDA
SAVE THE DALE.. §th ANNUAL [IOLF CLASSIC
The Inland Empire Economic Partnership (IEEP) will be holding its
Arrowhead Country Club located at 3433 N.
April 22, 2002, from 11:00 a.m. to 8:00 p.m.
sponsorship opportunities, please
222 or moswald(~.ieep.com.
Shirt Sleeve Sponsors:
Best Best & Krieger LLP
The Gas Company - A Sempra Energy Company
"5eh Annual Golf Classic" at the
Parkside Drive, San Bernardino, on Monday,
For more information, reservations, or
contact Margie Oswald at 909.890.1090 ext.
GoffBa#Sponsoc
The City of Victorville
GoffCartSponsoc
The City of Hesperia
Golf Towel Sponsor: Riverside Physicians Network
WELCOME 19EW MEMBERS
CEO Strategic Solutions is a boutique investment bank that ,Joes a limited amount of financial
advisory work. Donald N. Ecker, Managing Director, can be reached at 909.275.5700.
Marsh, Inc., an insurance brokerage and employee benefits consulting ,.firm. Steven Wiens, Senior Vice
President, can be reached at 949.399.5861.
University of La Verne provides rich educational oppodunities that relate to both the academic and
personal development of its students along with offering a challenging general education program, as
well as a strong knowledge base in a particular discipline. Philip A. Hawkey, Executive Vice President,
can be reached at 909.593.3511.
Please send materials for consideration to Diane Evans. Submissions can be, sent by e-mail to devans@ieep.com, or
by fax to (909) 890-I088. All materials should be received by the last Friday of each month.
INLAND EMPIRE ECONOMIC PARTNERSHIP
301 East Vanderbilt Way, Suite 100
San Bernardino, CA 92408
(909) 890-1090 Fax (909) 890-1088
rooms @ ieep.com ~ www.ieep.com
Gloria Wolnick
City of Temecula
P,O. Box 9033
Temecula, CA 92589-9033
Sunset
and Vines
San Diego's wine country fulfills
grape expectations
20
Mediterranean- ~
like
hills
and fertile soft. They all add up
to yet another reason to love
It is believed Famer Juntpero
Serra brou~t winemaking to
menta wine. It wasn't unti
~o~g as a commerci~ venture. By the
early 20th century, San Diego county
~ ~neries made it ~rough Prohibi-
tion by do~g Father Se~a proud and pro-
selling ~esh grape jui~ guaranteed to fer-
ment at home; but by the early 1960s,
soaring land and water prices and vine
disease did viticulture in, leaving only two
sur~wng wineries.
A renaissance blossomed, though,
despite even higher land v~lues and issues
of water and disease. Some two dozen
wineries now operate in the local wine
country (though not all grow their own
grapes), with the majority located in San
Diego's North County and just across the
Riverside County line in Temecula.
Wineries are also operating in San Diego's
East County mountains.
As the slogan for one Temecula winery
states: "We're not as big as Napa ... but
we're just as cool." The following are some
of the region's notable wineries.
NORTH COUNTY
Bernardo---Fronted by upscale housing
developments, Bernardo was established
in 1889 and is one of
Southern California's old-
est continuously operating - -~
wineries. The quaint
country-style setting
includes acres of ~ineyards
and olive trees (cold-
pressed olive oil is also
sold in the well-stocked
gift shop), picnic grounds, tasting area and
a variety of boutiques. Open daily, 9
a.m.-5 p.m., Village Shops closed Mon-
days. 13330 Paseo del Verano Norte, Ran-
cho Bernardo (858) 487-1866. Map C-3.
Bellefleur--Located at the northern
end of the Carlsbad Company Stores, an
upscale outlet shopping center, Belhfleur
is really a restaurant and not a winery.
There is no tasting room or gift shop, but
there is fine dining, piired with wines
made on the premises and sold nowhere
else. Open Sum-Thur., 11 a.m.-9 p.m.,
Sat./Sun. 1~ a.m.-10 p.m. 5610 Paseo
del Norte, Cadsbad (760) 603-1919. Map
U-22.
Deer Park Winery and Auto Mu-
seum--A unique combination of wine
and nostalgia. Stroll through the vine-
yards, enjoy gourmet deli items and taste
vintages from both the local Deer Park
and its sister Napa Valley location. A huge
giR shop loaded with Americana and, of
course, a world-class car collection, as well
as old-time radios, bikes and Barbies.
Open daily, 10 a.m.-5 p.m. 29013 Cham-
pagne Blvd., Escondido (760) 749-1666.
Map B-2.
Orfila~wned by a family that bega~
producing wine more than a century ago
in its native Argentina, Orfila pioneered
the growing of Mediterranean varietals in
San Diego. Orfila wines have won numer-
ous awards and critical praise. Beautiful
grounds, tasting area and an on-site dell.
Open daily, 10 a.m.-6 p.m. 13455 San
Pasqual Road, Escondido (760) 738-6500.
Map C-3.
Witch Creek--This boutique winery
has no vineyards, but does buy its grapes
from local growers. Wines are made onsite
at the conveniently situated downtown
Caflsbad storefront, while the owners also
operate a tasting room in the picturesque
mountain town of Julian.
Both locations open daily,
11 a.m.-5 p.m. 2906 Carls-
bad Blvd., Carlsbad (760)
720-7499. Map T-22. 2000
Main St., Julian (760) 765-
2023. Map C-6.
For more information
on San Diego-area winer-
ies, contact the San Diego
Vitners Associatimb (760)
782-0778.
Thornton--The Euro-style chateau
makes for an impressive sight at this
winery specializing in m~thode champ-
enoise sparkling wines. There is a smart
gift shop and tasting room, as well as a
beautiful courtyard that hosts num-
erous special events. The elegant Cafe
Champagne serves lunch and dinner and a
Sunday brunch (but is closed Monday
nights). Open daily, 11 a.m.4 p.m. 32575
Rancho Ca~fomia Road, Temecula (909)
699-0099. Cafe Champagne (909) 699-
0088. Map A-3.
TEMECUI A
Callaway--The biggest
Temecula winery, Call-
away's acclaimed vintages
are distributed throughout
the United States. Part of the Callaway
Golf empire, the winery has an airy gift
shop and sleek tasting room. The excellent
Vineyard Terrace Cafe (don't miss the
bruschetta) is perfect for a sunset dinner
and is worth a visit aL! on its own. Open
daily, 10:30 a.m.-5 p.m. 32720 Rancho
California Road, Temecula (800) 472-
2377. Vineyard Terrace Cafe (909) 308-
6661. Map A-3.
Gilurzo---Vincenzo Cilurzo brought
winemaking to Temecula in 1968, plant-
ing grapes in what had been cattle coun-
try. The down-home gift shop and tasting
area is lined with ribbons and awards, as
well as salutations fi.om fans ranging from
David Letterman and Brooke Shields to
Vampira and Frank Sinatra. Open daily,
10 a.m.-5 p.m. 41220 Calle Contento,
Temecula (909) 676-5250. Map A-3.
WHERE / SAN DIEGO
Vincenzo Cilurzo brought winemal¢ing
to Temecula in 1968. His award-
winning vintages, right, have plenty of
Temecula wineries are concentrated in
close proximity to one another, making it
very easy to visit a handful in a single
afternoon. Destination Temecula runs
daily tours to the wine country and
includes a stop in historic Old Town
Temecula. Limousine excursions are also
offered. Call (877) 305-0501. For more
information on Temecula wineries, call
the Temecula Valley Vintners Association
at (909) 699-3626. r~
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APPROVAL
CITY ATTORNEY ~,, ~'v~',~
DIRECTOR OF FINANC~
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
ClTY OFTEMECULA
AGENDA REPORT
City Manager/City Council
Jim Domenoe, Chief of Police~?
February 26, 20002
Monthly Departmental Report
The following report reflects special teams, traffic enforcement and miscellaneous activity occurring
during January of 2002. The Police Department responded to thirty-seven "priority one" calls for
service during the month of January, with an average response time of approximately 4.8 minutes.
A total of 3,499 calls for police service were generated in the City of Temecula during the month.
During the month of January the Temecula Police Department's 'Town Center Storefront served a
total of 206 customers. Seventy-seven sets of fingerprints were taken, thirty-eight people filed police
reports, twenty people had citations signed off and five oversize vehicle permits were issued. Crime
Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and
community-oriented programs during the month. Officer Fanene conducted four Crime Prevention
workshops/presentations. He also coordinated requests for patrol ride-a-longs. Additionally, he
continued to provide residential and business security surveys/visits and past crime follow-up.
Officer Fanene also continued to process City Planning Department submissions of site
plans/conditions.
The POP Teams continued to work on the "Crime Free Multi-Housing" project, certifying two
additional apartment complexes (Rancho West and Villa Del Sol) during the month of January. The
teams continued their Warrant Apprehension Program during the month, which resulted in one
felony arrest and five misdemeanor arrests. The POP Teams continued with their proactive patrol
efforts and made four additional felony arrests and seven misdemeanor arrests during the month of
January. Additionally, the POP Teams worked a special off-road w.~hicle program in the area of Calle
Chapo, with the intent to educate violators to the noise and trespass laws. The program seems to
have succeeded, at least temporarily, in getting violators to comply with noise and trespass laws.
The Old Town Storefront serves as an office for one of the POP teams and a location to assist the
public with police services. This has greatly increased their availability to serve the Old Town area.
During January, the Old Town Storefront served 128 customem. Ten sets of fingerprints were
taken, nine reports were written, and six citations were signed of'I.
Monthly Departmental Report
Page 2
The traffic team reported that during the month of January there were 823 citations issued for
hazardous violations, 177 citations were issued for non-hazardous violations and 129 parking
citations were issued. During the month there were twenty-three injury traffic collisions, seventy-one
non-injury collisions were reported and thirty-five drip/ers were arrested for DUI. The Neighborhood
Enforcement Team (NET) program resulted in fifty citations being issued. This program addresses
traffic concerns in residential neighborhoods with a dedicated rnotor officer. The SLAP program
(Stop Light Abuse Program) resulted in 114 citations being issued, with 47 additional SLAP citations
issued on overtime. The total number of SLAP citations issued during the month of January was
161.
During the month of January, the POP officers assigned to the Promenade Mall handled a total of
170 calls for service. The majority of these calls were for shoplifting investigations. During the
month, calls and on-sight activity resulted in the criminal arrest and filings on sixteen misdemeanors
and two felony cases for various offenses. Officers Robles and Rupe continued to provide training
to security staff during the month. The mall officers continued to work on vehicle theft and burglary
programs. Only one vehicle burglary and two vehicle thefts occurred during the month of January.
The posse also increased their presence around the mall on weekends with extra patrols of the
parking areas.
The five school resource officers continued to remain active during January. They conducted a total
of eighteen school presentations. The topics of these presentations ranged from "Stranger Danger"
to "Inhalants" to "Current Drug Trends." The school resource officers also conducted many
counseling sessions with students. Three misdemeanor arrests were made during January; one for
disturbing the peace; one for vandalism; and another for child annoying. A total of twenty-nine
investigations/reports were conducted/written by the school resource officers during January.
The JOLT program (Juvenile Offender Law Enforcement Program) continues to be a success in part
through its Youth Court program. Officer Sherry Adams rotated out of the program after serving for
two years, and spent the majority of the month training our new .JOLT officer, Michelle Medeiros.
They conducted the 80th Youth Court session. The JOLT officer assisted at other schools when
needed and conducted follow-ups with parents of juveniles in the .JOLT program. Officer Medeiros
worked with "at risk" juveniles throughout the month and also conducted counseling sessions with
their parents. She also assisted the District Attorneys Office and the Probation Department by
providing training during home visits with incorrigible/at risk juw~niles. Officer Medeiros made a
felony arrest for an escaped juvenile from a placement facility. She also arrested a female juvenile
for possession of marijuana during the month of January.
During the month of January, the Special Enforcement Team (SET Team) of Officers Todd Pauling
and John Morin handled a total of twenty-two cases. These cases resulted in fourteen
misdemeanor and eight felony arrests, primarily for narcotics viola~;:ions. This team continues to work
street level narcotics and speciaIty patrol within the city on a pro-active basis. During this month the
team was involved with registering narcotics offenders and conducting parole and probation
searches.
Volunteers from the community continue to be an integral part of the Temecula Police Department's
staff. Under the guidance of volunteer coordinator Officer Bob Ridley and assistant coordinator
Gayle Gerrish, the Police Department's volunteer staff contributed 474 hours of service in January.
Volunteer assignments include computer data input, logistics support, special event assistance and
telephone answering duties.
Monthly Departmental Report
Page 3
Having graduated from the CAP Academy, the Community Action Patrol (CAP) Program volunteers
were recognized at the first City Council Meeting during the month of February. The nine volunteers
have begun their activities, patrolling the city for graffiti, conductin~ vacation residential checks and
assisting patrol with special logistical needs and special events. Other duties these volunteers will
attend to are business checks and abandoned vehicles and traffic: control. The goal of the program
is high visibility, which prevents crime from occurring. These volunteers will also have the ability to
report suspicious activities and persons directly, via police radio, to sworn officers.
The reserve officer program and mounted posse are additional valuable volunteer resoumes
available to the police department. The police department utilizes reserve officers to assist with
patrol, traffic enforcement, crime prevention, off road vehicle enforcement and a variety of special
functions. Reserve police officers worked a total of 240 hours during the month of January, with 188
hours specifically spent on patrol in Temecula.
TO:
FROM:
DATE:
SUBJECT:
APPROVAL j"'"~.a,.v.....--
CITY ATTORNEY
DIRECTOR OF FINA~C~
CITY MANAGER
CITY OFTEMECULA
AGENDA REPORT
City ManagedCi~ Council
William G. Hughes, Director of Public Works/City Engineer
February 26, 2002
Depadment of Public Works Monthly Activity Repod
RECOMMENDATION: Attached for City Council's review and filing is the Department of Public
Works' Monthly Activity Repods for the month of January, 2002.
MOACTRPT
CAPITAL IMPROVEMENT PROJECTS
Monthly Activity Report
January / February 2002
Prepared By: Amer Attar
Submitted by: William G. Hughes
Date: February 26, 2002
PROJECTS UNDER CONSTRUCTION
1. First Street Bridge
This project will construct First Street from Pujol Street to Old Town Fr(mt Street, including the construction
of a bridge over Murrieta Creek and the realignment of Santiago Road. The project is complete. Staff report for
the notice of completion was presented to City Council on February 12, 2002.
2. Murrieta Creek Crossing Between Winchester and Rancho California Road- Low-flow Crossing at
Via Montezuma
This project will construct a low-flow crossing of Murrieta Creek connecting Diaz and Del Rio at Via
Montezuma. In addition, this project will rehabilitate the street of Via Montezuma. This project is complete.
Recording a conservation easement is in progress for the mitigation of the disturbed area. A Draft Document
was sent to the ACOE, Fish & Game and RWQCB for review on 10/31/0 i. RWQCB responded on 1/8/02 that
it was acceptable to them. It will go to City Council for approval on March 5, 2002 and then sent to the
County of Riverside for recordation.
3. City Maintenance Facility Alterations, Phase III
This project will modify the existing two story masonry block building tG accommodate a new second floor of
office space over the existing two-story maintenance bay, including the installation of an elevator, and two new
second floor restrooms. Building modifications are complete. State Elevator Inspector is scheduled to perform
final inspection on February 28, 2002.
4. Margarita Road Widening, Pauba Road to Dartolo Road
This project will widen Margarita Road from Pio Pico to Dartolo Road and re-landscape the medians from De
Portola to SR 79 South. Included with this project is the pavement rehabilitation of Phase II (Pauba Road to
Pio Pico. The contractor has completed the street work; there is only one RCWD outstanding issue. Once this
issue is resolved and the contractor submits the proper paper work, we wi Il go to City Council for acceptance.
The 65-Working Days Maintenance period began on October 8, 2001.
5. Senior Center Expansion
The expansion will include an addition of 3000 square feet to the existing: building. The expansion will be for
recreational, office, and meeting purposes. It will include the addition of 3000 square feet of building area for
recreational, office and meeting purposes. Project is substantially complete. Contractor is currently performing
corrections to inspection punchlists from TCSD, Public Works, Fire m~d Building & Safety Departments.
Building addition is scheduled for use by February 25.
R:~onthlyActivityReport\CIPX2002~January.doc
/
6. AC Street Repairs - FY2001
This project will rehabilitate and reconstruct selected City streets. The Contractor has completed the work for
this project. The notice of completion will be presented to the City Council when the contractor submits the
Affidavit, Final Release, and Maintenance Bohd.
7. Chaparral High School Swimming Pool
A 25-yard x 25-meter pool will be built at Chaparral High School The facility will include a smaller
recreation pool component and a bathhouse with locker room facilities, mstrooms and showers. Spray-type
play equipment will be included as an element in the base construction bid. The buildings am being stucco'd
and the roof and interiors are being completed. The pool deck and deck drain system is nearly finished. The
poles for the competition lights are to be set by a helicopter Saturday, February 23, 2002.
8. Emergency Generator - City Hall & City Yard
This project will install an emergency generator for City Hall. Automatic transfer switch installed, work
progressing on screen walls and generator pad. Contractor is also completing as much pre-wiring as possible.
9. Long Canyon Detention Basin 5-yr Habitat Maintenance
Under this project, the Long Canyon Detention Basin will be planted ~.nd maintained for five years. Work
progressing, irrigation system and planting should be complete by the end of February.
10. 1-15 Northbound On-Ramp Widening at Winchester Road
This project will re-stripe westbound Winchester Road from Ynez Road I:o 1-15 northbound on-ramp to allow
for a better flow of traffic. This project will re-stripe Westbound Winchester Road from Ynez Road to 1-15
Northbound on-ramp to allow for a better flow of traffic. The work :['or this project was done. Caltrans
acceptance is pending.
PROJECTS BEING ADVERTISED FOR BIDS
NONE
PROJECTS IN DESIGN
1. Pala Road Improvements - Phase II (79 South to Pechanga Road)
This project will widen Pala Road to its ultimate width from the Pala Road Bridge to Pechanga road. Plan
check comments (70% Submittal) were returned to the consultant. Work is proceeding on the remainder of the
design. The Wolf Creek Drainage Basin Hydrology Study prepared by Lohr Associates, Inc. was submitted to
RCFC & WCD on January 29, 2002 for review. Hydrology studies upstream of Wolf Creek have been
approved by RCFC & WCD. Staff will be using an appraiser to assist in the preparation of the real estate
appraisal report.
2 R:~I onthlyActivityReporgC IP~2002~I an uaty.doc
2. Winchester Road Widening Between Enterprise Circle and Jefferson
This project will add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at
Enterprise Circle. O'Malley Engineering Corporation is upgrading design survey data for additional options in
the design. Design is to restart again during the next period.
3. Pala Road Improvements, Phase I - (Widening to accommodate ['our lanes from Pala Road Bridge to
Woff Valley)
Pala Road Improvements, Phase I will give Pala Road two lanes in each direction (58 feet in width) from the
Pala Road Bridge to the Pechanga Casino. It includes re-striping the entire length. Pala Road Phase I
Improvements is schedule for public bid by the end of February 2002.
4. Traffic Signals Modifications at Pala Road and Loma Linda, and at Pala Road and Wolf Valley
Two traffic signals will be modified to accommodate the road interim widening. Wildan, the City's consultant
is updating the signal modification plans. This project is scheduled to be advertised for construction bids at the
end of February as part of the Pala Road Improvements, Phase I project.
5. Margarita Road Widening, Phase II (Interim), Pauba Road to Pio Pico
This project will widen Margarita Road on an interim bases between Pauba Road and Pio Pico. As a result,
Margarita Road will have four lanes throughout City limits. The bid opening was on February 19 and the
award of the construction contract is expected be on the February 26 City Council agenda.
6. Rancho California Road Bridge Widening Over Murrieta Creek
This project will widen Rancho California Bridge over Murrieta Creek to provide four additional traffic lanes.
The consultant has recently completed additional subsurface investigation work and has determined that there
is a potential for lateral spreading. Mitigation recommendations are currently being incorporated into the
bridge foundation design. 90% drawings will be submitted this month.
7. Temecula Library
A full service library, approximately 34,000 square feet in area, will be designed and built on Pauba Road,just
west of Fire Station #84. This project will provide the community with library resources and services.
Architect is finishing the final plans. A separate parcel is being created for the library (Plat & Description) for
bond purposes. City hired a grant underwriter. Utility services construction will be coordinated with Pauba
Road, Phase II Street Improvements.
8. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road)
This project will widen Panba Road from Showalter to just west of Margarita Road to its ultimate width.
100% design plans and spees were submitted to the City for review. All utility issues are being addressed.
Work is being coordinated with the library project.
9. Murrieta Creek Bridge - Overland Drive Extension to Diaz
This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz
Road, which includes a new bridge over Murrieta Creek. The project incindes the widening of Overland Drive
from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek
to Diaz Road. PDC has completed the alignment study and staff has reviewed copies of the preliminary plans.
Staff has received comments regarding revisions to the negative declaration. Staff is reviewing Phases 2, 3 & 4
design costs prior to council submittal.
10. New Temecula Sports Complex
A new 40+ Acres sports complex will be built on Pala Road at Wolf Valley. The new location of the complex
is on Pala Road, near Wolf Valley. The soils report indicated substantial and costly removals. Staff is
evaluating options on preparing the site or choosing a different site. The location of the new sports complex is
dependent upon the approval of the Amendment to the Specific Plan. The consultant, RJM Design is finishing
up the preliminary master plan of the sports complex.
11. Fire Station - Wolf Creek Site
A full service fire station will be constructed in the Wolf Creek development area. Contractor is to make the
initial submittal to Building and Safety for plan check by the end of March.
12. Diaz Road Realignment
Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business
Park Drive will be a T-intersection at Diaz. City staff is currently designing the project. Anticipated design
completion is scheduled for April 2002.
13. Rancho California Road Median Modifications at Town Center
The project will include the closing of the two median openings on Rancho California Road in front of the
Town Center, while lengthening the left turn lanes at Ynez Road, Town Center Drive, and Via Los Colinas to
improve traffic circulation. The design is 95% complete and is currently in the plan check process. Bidding is
scheduled for March 2002.
14. Rancho California Road Widening at Ynez Road (Add right turn lane to westbound lanes)
This project will add a right turn lane on westbound Rancho California Road at Ynez Road. Right of way
acquisition at the northeast corner of Rancho California and Ynez is in the process of being done. In-house
design is 95% complete.
15. Landscaping and Sidewalk On 79 South (Front Street to Pala Road)
The project consists of the design and construction of new sidewalk, landscaping, and irrigation along State
Route 79 South between Pala Road and Old Town Front Street. The design process in underway and the 30%
design plans will be expected by the end of next month.
16. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula's City Limits
and Diaz Road Extension
This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road
to the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment
study and design. Coordination with the City of Murrieta, Flood Control and Army Corps of Engineers is
necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments.
The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work
on the first draft of the alignment study.
4 R:'d a onthlyActivit yRepor t\CIPL2002klanuary.doc
17. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over
Empire Creek
This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the
Del Rio Road Bridge over Empire Creek. Contract documents have been returned and the PO issued. Kick off
meeting for design was held on Jan. 15, 2002. Simon Wong Engineering is in the process of developing "as-
builts" for the existing bridges and the barrier conceptual plans.
18. Fire Station - Wolf Creek Site
A fire station will be built at the Wolf Creek Site. Initial construction drawings are to be submitted by the end
of February 2002.
19. Community Theatre
This project will create a community theatre at the old Mercantile building in downtown Temecula.
(Mercantile) Pre-Qualification Questionnaire is currently being advertised with a deadline for filing on March
7, 2002. Bid opening scheduled for May 2002. (Community Theatre) Preliminary design is underway.
20. City Maintenance Facility Modifications (Parking Lo0
Under this project, a security fence will be installed between the existing maintenance facility and the western
side of City Hall to secure the parking lot west of the main building. The design of a security fence between
the existing maintenance facility and the western side of City Hall will be performed in-house. A scoping
meeting was held on 11/12/01. Research on existing base maps for thc proposed area and as-builts for the
existing security fence near the maintenance facility is complete. Design is in progress.
PROJECTS THAT ARE SUSPENDED OR ON-HOLD
1. Pujol Street Sidewalk Improvements - Phase II
Project is on hoM. This project will complete the knuckle at the intersection of Sixth Street and Felix Valdez.
The developer of a nearby property may be designing and constructing this project.
2. Margarita Road/Winchester Road Intersecfion Improvements
Project is on hoM. Under this project, an additional left turn from eastbound Winchester to northbound
Margarita will be added in order to accommodate increasing traffic volmnes. Design is 50% complete. This
project may be done by a developer.
3. Santa Gertrudis Bridge Widening at 1-15
This is Phase II of the Southbound Auxiliary Lane project at the southbonnd exit ramp for Winchester Road.
This project will widen the 1-15 southbound exit-ramp at the Santa Gertrudis Creek Bridge to provide an
additional lane on the exit ramp just north of Winchester Road. Staffis revisiting the merits of this project in
light of the proposed Project Study Report for Cherry Street Interchange. The study shows that this bridge may
have to be removed in the future to accoramodate the Cherry Street Interchange. This project is suspended
indefinitely.
5 R:~MonthlyAcfi vityReporfiC IP~2002klanua~.doc
o
0
o
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Bill Hughes, Director of Public Works/City Enginm;r
~Brad Buron, Maintenanoe Superintendent
February 4, 2002
Monthly Activity Report - January, 2002
The following activities were performed by Public Works Department, Street Maintenance Division in-house
personnel for the month of January, 2002:
I. SIGNS
A. Total signs replaced 106
B. Total signs installed 108
C. Total signs repaired 4
TREES
A. Total trees tdmmed for sight distance and street sweeping concerns
2
ASPHALT REPAIRS
A, Total square feet of A. C. repairs
B. Total Tons
1,601
31
IV.
CATCH BASINS
A. Total catch basins cleaned
252
RIGHT-OF-WAY WEED ABATEMENT
A. Total square footage for right-of-way abatement
-0-
VI.
VII.
GRAFFITI REMOVAL
A. Total locations
B. Total S.F.
STENCILING
A. 19 New and repainted legends
B. 445 L.F. of new and repainted red curb and striping
21
,, ,1,059
Also, City Maintenance staff responded to..51 service order requests ranging from weed abatement, tree
trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 40
service order requests for the month of December. 2001.
The Maintenance Crew has also put in 72 hoursofovertimewhichincludesstandbytime, specialevents
and response to street emergencies.
The total cost for Street Maintenance performed by Contractors for' the month of January, 2002 was
$ 56,024.00 compared to $103,470.94 for the month of December~ 2001.
Account No. 5402 $ 23,486.00
Account No. 5401 $ 8,680.00
Account No. 999-5402 $ 1,680.00
Ron Parks, Deputy Director of Public Works
Ali Moghadam, Senior Engineer - (CIP/Traffic)
Greg Butler, Senior Engineer (Capital Improvements)
Amer Attar, Senior Engineer (Capital Improvements)
JerryAlegda, Senior Engineer - (Land Development)
tOO_
STREET MAINTENANCE CONTRACTORS
The following contractors have performed the following projects for the month of January, 2002
DATE DESCRIPTION TOTAL COST
ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE
CONTRACTOR:
Date: 01/31/02
# 5402
Date: 01/31/02
# 999-5402
CONTRACTOR:
Date: 01/03/02
# 5402
Date: 01/24/02
# 5402
Date: 01/16/02
# 5401
CONTRACTOR:
Date: 01/02~
# 5402
MONTELEONE EXCAVATING
CITYWIDE SHOULDER BACKFILL
AND REPAIRS
SERVICE LEVEL "R"
BECKER ENGINEERING
RAINBOW CANYON ROAD AND
SANTIAGO EAST OF MARGARITA
MARGARITA NORTH OF
WINCHESTER
FIRST STREET BRIDGE AND
LOW FLOW CORSSING AT
MURRIETA CREEK
BACKFILL AND COMPACT SHOULDERS IN
CITY R O.W.
TOTAt, COST [ $ 3~96.00
GRAD~qG OF D~T ROADS IN SERVICE LEVEL
"R" APd~AS
TOTAL COST [ $ 1,680.00
REMOVE & REPACE APPROX. 111' OF
DAMAGED GUARD RAh
TOTAL COST I $ 11,155.00
REMOVE & REPLACE DAMAGED ROCKSCAPE
~ MED~NS
TOTAL COST ] $ 1,635.00
MANUFACTURE, WELD & ~qSTALL NEW
GATES, GRATES, POSTS & SUPPLY ALL
TOTAL COST ) $ 8,680.00
RENE'S COMMERCIAL MANAGEMENT
CITYWIDE
TOTAL COST ACCOUNT g5401
TOTAL COST ACCOUNT g5402
TOTAL COST ACCOUNT g99-5402
ILO.W. TRASH & DEBRIS REMOVAL, MECH-
ANICAL WEED ABATEMENT. APPLICATIONS
OF PRE-EMERGENT HERBICIDE.
TOTAL COST [ $ 7,400.00
$ 8.680.00
$ 23,486.O0
$ 1,680.00
DATE
0152/02
01/03/02
01/10/02
01/17/02
01/22/02
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
CATCH BASIN MAINTENANCE
MONTH OF JANUARY, 20~2
LOCATION
AREA #3
CITYWIDE "RAIN"
AREA #3
MEADOWVIEW AREA
MEADOWVIEW AREA
012/23/02 AREA g4
01/24/02 AREA g4
WORK COMPLETED
CLEANED & CHECKED ~-7 CATCH BASINS
CLEANED & CHECKED 14 CATCH BASINS
CLEANED & CHECKED 31 CATCH BASINS
CLEANED & CHECKED 16 CATCH BASINS
CLEANED & CHECKED 39 CATCH BASINS
CLEANED & CHECKED 48 CATCH BASINS
CLEANFi) & CHECKED 57 CATCH BASINS
TOTAL CATCH BASINS CLEANED & CHECKED 252
DATE
01/14/02
01/15~2
01/16~2
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
STENCILS / STRIPING
MONTH OF JANUARY, 2002
LOCATION
BUTTERFIELD STAGE ROAD AT DE PORTOLA
AREAS #3 AND g4
RANCHO CALIFORNIA ROAD AT MARGARITA
INSTtLLLED
INSTtff. LED
INST/JA~D
WORK COMPLETED
10 LEGENDS/200 L.F. STRIPING
9 LEGENDS / 50 LF. STRIP1NG
395 L.F. OF STRIPING
TOTAL NEW & REPAINTED LEGENDS 19
NEW & REPAINTED RED CURB & STRIPING I.~F. 445/~F. STRIPING
DATE
01/22/01
29960 DEL REY
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
RIGHT-OF-WAY TREE TRIMMING
MONTH OF JANUARY, 20~],2
LOCATION
WORK COMPLETED
TRIMMED
2 R.O.W. TREES
TOTAL ILO.W. TREES TRIMMED
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
ASPHALT (POTHOLES) REP'AIRS
MONTH OF JANUARY, 2002
DATE
01/07/02
01/08/02
01/09/02
01/09/02
01/10/02
01/14/02
01/15/02
01/16/02
01/23/02
01/24/02
LOCATION
SCOPE OF
WORK
RANCHO CALIFORNIA ROAD - MARGARITA TO MEADOWS PKWY POTHOI~ REPAIR
FRONT STREET NORTH OF 79 SO.
PALA ROAD
CABRILLO AT JOHN WARNER
CARMELITA CIRCLE
MARGARITA 500' WEST OF MORAGA
MARGARITA 500' WEST OF MORAGA
MARGARITA 500' WEST OF MORAGA
MARGARITA 500' WEST OF MORAGA
MARGARITA 500' WEST OF MORAGA
POTHOLE REPAIR
POTHOLE REPAIR
R&R AC
AC OVERLAY
R&R A.C.
R&R A.C.
R&R A.C.
R&R A.C.
OVERLAY A.C.
S.F.
TOTAL
TONS
21 TEMP AC
4 TEMP AC
20 TEMP AC
218 5
462 2
132 4.5
180 5.5
144 5
210 6.5
210 2.5
TOTAL S.F. OF REPAIRS 1~601
TOTAL TONS 31
DATE
01/03/02
01/09/02
01/09/02
01/10/02
01/15/02
01/15/02
01/15/02
01/16/02
01/16/02
01/17/02
01/19/02
01/23/02
01/23/02
01/24/02
01/24/02
01/25/02
01/28/02
01/30/02
01/30/02
01/30/02
01/31/02
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
GRAFFITI REMOVAL
MONTH OF JANUARY, 2002
LOCATION
SANDERLING AT ROPAPAUGH
29462 GEORGETOWN LANE
41593 WINCHESTER ROAD
RANCHO VISTA AT SANTA SUZANNA
PAUBA AT CORTE VILLOSA
NORTH GENERAL KEARNEY AT DEER MEADOW
MARGARITA AT VERDES LANE
31367 LA SERENA
NIGHTHAWK PASS EAST OF MAPLE WOOD
MERVYNS
BUTTERFIELD STAGE PARK
RANCHO CALIFORNIA ROAD AT HUMBER
LONG CANYON CREEK PARK
40775 CAM]NO CAMPOS VERDES
WINCHESTER AT RUSTIC GLEN
BUT'I E;RFIELD STAGE ROAD AT TEMECULA CREEK
BEHIND TARGET
REDHAWK PARKWAY AT OVERLAND TRAIL
4O426 WINCHESTER
26680 YNEZ
RANCHO CALIFORNIA APARTMENTS
WORK COMPLETED
t~2V[OVED
]~EMOVED
]~F3vIOVED
]LEMOVED
]LEMOVED
REMOVED
REMOVED
I:~MOVED
I~MOVED
I~MOVED
I~MOVED
t~VlOVED
REMOVED
REMOVED
REMOVED
REMOVED
REMOVED
REMOVED
RF3VIOVED
P~EMOVED
REMOVED
9 S.F. OF GRAFFITI
2 S.F, OF GRAFFITI
12 S.F. OF GRAFFITI
2 S.F. OF GRAFFITI
2 S.F. OF GRAFFITI
12 S.F. OF GRAFFITI
3 S.F. OF GRAFFITI
4 S.F. OF GRAFFITI
4 S.F. OF GRAFFITI
5 S.F. OF GRAFFITI
178 S.F. OF GRAFFITI
78 S.F. OF GRAFFITI
30 S.F. OF GRAFFITI
8 S.F. OF GRAFFITI
296 S.F. OF GRAFFITI
118 S.F. OF GRAFFITI
270 S.F. OF GRAFFITI
2 S.F. OF GRAFFITI
2 S.F. OF GRAFFITI
7 S.F. OF GRAFFITI
15 S.F. OF GRAFFITI
TOTAL S.F. GRAF~FITI REMOVED 1~059
TOTAL LOCATIONS 21
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DMSION
SERVICE ORDER REQUEST ]LOG
MONTH OF JANUARY, 2002
DATE
RECEIVED
Ol/O2/02
01/02/02
01/03/02
01/03/02
01/03/02
01/04/02
01/04/02
01/04/02
01/04/02
01/07/02
01/07/02
01/07/02
01/08/02
01/08/02
01/08/02
01/08/02
01/08/02
01/08/02
01/09/02
01/09/02
01/09/02
01/10/02
01/11/02
LOCATION
WINCHESTER AT MARGARITA
31332 ARABASCA CIRCLE
27115 RAINBOW CREEK
43384 VIA ANGELES
41985 VIA P,E~ATE
28999 FRONT STREET
30120 VILLA ALTURAS
PAUBA EASTOF BUTTERFIEED STAGE ROAD
SAN FERMAN AT MARGARITA
PASEO GOLETA AT CORTE POSITAS
29799 WINDWOOD CIRCLE
MARGARITA AT MORAGA
41637 CORTE HIGUERA
PAI~ ROAD
32706 CLEARVAIL LANE
40495 WINCHESTER ROAD
LA SERENA AT PI~A COLADA
MARGARITA AT PAUBA
29726 VAIL BROOK
MARGARITA DESILTING POND
MARGARITA DESILTING POND
27523 SENNA COURT
40395 CALLE FIESTA
REQUEST
DEBRIS PICK-UP
TREE TRIMM/NG
TREE ~IMMING
DEBRIS PICK-UP
CAR B/~ITERY
OIL IN STREET
TREE TRIM
DEBRIS
SNS
SIGN
TREE Tt~IM
TRASH
TREE
A SPHAL T
TRASH
SIiWKHOLE
DEBRIS PICK-UP
RAISED SIDEWALK
TREE
STANDING WATER
STANDING WATER
TREE TRIMMING
EROSION
DATE WORK
COMPLETED
01/02/02
01/02/02
01/03/02
01/03/02
01/04/02
01/04/02
01/08/02
01/08/02
01/07/02
01/07/02
01/08/02
01/07/02
01/08/02
01/09/02
01/09/02
01/09/02
01/11/02
01/14/02
01/09702
01/10/02
01/10/02
01/11/02
01/11/02
DATE
RECEIVED
01/11/02
01/14/02
01/14/02
01/14/02
01/14/02
01/14/02
01/14/02
01/15/02
01/16/02
01/17/02
01/17/02
01/18/02
01/18/02
01/21/02
01/22/02
01/22/02
01/22/02
01/23/02
01/24/02
01/25/02
01/25/02
01/25/02
01/28/02
01/28/02
01/29/02
01/30/02
01/31/02
01/31/02
LOCATION
40182 VALENCIANA
32230 COSMIC DRIVE
31791 VINEYARD
31233 FIRESTONE
30165 CORTE CARRIZO
31078 CAMINO DEL ESTE
45566 MASTERS DRIVE
39570 TISAHA DRIVE
39879 NORTH GENERAL KEARNEY
41860 DEEP WOOD
29605 SOLANA WAY
79 SO. AT MARGARITA
40462 YARDLEY COURT
30559 IRON BARK
STAMOS COURT
31745 VIA CORDOBA
REDHAWK DRIVE AT NIGHTHAWK
42200 MAIN STREET
29959 VIA PUESTA DEL SOL
40507 CLEARLIGHT ROAD
39750 AMBERLY
CALLE MEDUSA
CALLE CORTEZ AT JEFFERSON
31837 CORTE POSITAS
31007 SHABA STREET
29711 VAIL BROOK DRIVE
SWEET SHADE LANE
42677 SANTA SUZANNE
REQUEST
TREE ~IRIMMING
DEAD TREE
ROOT PRUNING
TREE '[RIMNilNG
DEBRIS PICK-UP
TREE TRIMMING
RAISED SIDEWALK
TREE TRIM/rinG
STORM DRAIN CLEANING
TREE REMOVAL
REPAINTING RED CURB
DEBRIS, REMOVAL
TREE TRIMMING
TREE REMOVAL
TREE T~MMING
DF~RIS REMOVAL
DEBRIS REMOVAL
DEBRIS REMOVAL
CRACK IN STREET
DEAD FREE
DEAD TREE
TREE TI~MMYNG
DEBRIS PICK-UP
ROOT PRUNING
DEBRIS PICK-UP
DEBRIS PICK-UP
TREE RI:.MOVAL
S.N.S. DOWN
DATE WORK
CONIPLETED
01/11/02
01/15/02
01/14/02
01/14/02
01/14/02
01/14/02
01/14/02
01/15/02
01/16/02
01/17/02
01/17/02
01/18/02
01/18/02 '
01/21/02
01/22/02
01/22/02
01/22/02
01/23/02
01/24/02
01/25/02
01/25/02
01/25/02
01/28/02
01/28/02
01/29/02
01/30/02
01/31/02
01/31/02
TOTAL SERVICE ORDER REQU]ESTS 51
DATE
01/07/02
01/07/02
01/08/02
01/08/02
01/08/02
01/08/02
01/08/02
01/09/02
01/09/02
01/10/02
01/10/02
01/10/02
01/10/02
01/11/02
01/14/02
01/1,t/02
01/16/02
01/16/02
01/16/02
01/17/02
01/17/02
01/17/02
01/17/02
01/17/02
01/17/02
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
ROADS DIVISION
SIGNS
MONTH OF JANUARY, 2002
LOCATION
MARGARITA ROAD AT SAN FERMIN PLACE
PASEO GOLETA AT CORTE POSITAS
FRONT STREET AT 79 SO.
MARGARITA ROAD AT GREENSTONE
NORTH GENERAL KEARNEY AT SIERRA MADRE
BUTTER_FIELD STAGE SOUTH OF 79SO.
MADISON STREET AT END OF STREET
BUTTERFIELD STAGE NORTH OF DE PORTOLA
VIA MONTEZUMA AT DIAZ
RANCHO CALIFORNIA ROAD
SANTIAGO ROAD AT MARGARITA
SANTIAGO AT MARGARITA
YNEZ AND DE PORTOLA
JEFFERSON SOUTH OF VIA MONTEZUMA
BUTTERFIELD STAGE ROAD AT DE PORTOLA
SANTIAGO WEST OF MARGARITA AT END
JEFFERSON AT RANCHO CALIFORNIA ROAD
BUTTERFIELD STAGE ROAD SOUTH OF 79 SO.
RANCHO CALIFORNIA ROAD AT MARGARITA
MIRA LOMA AT RANCHO VISTA
DIAZ AT WINCHESTER
DIAZ AT W1NCHES IER
CALLE PI~A COLADA AT VIA NORTE
29657 VIA NORTE
PASADA ROAD AT END
REPAIR
REPAIR
INSTALL
INSTALL
REPAIR
INSTALL
INSTALL
REMOVE
REPLACE
REMOVE
REPLACE
REMOVE
REMOVE
INSTALLED
INSTALLED
INSTALLED
INSTALLED
INSTALLED
INSTALLED
REPLACED
REPLACED
INSTALLED
REPLACED
REPLACED
REPLACED
WORK COMPLETED
STREET NAME SIGNS - 2
W-53 - 1
DELINEATORS - 5 (MISSING)
DELINEATORS -7 (M~SSING)
W-54 - 1
DELINEATORS -10 (MISSING)
TYPENRED - 3
DELINEATORS - 39
C-2 AND TYPE K - 2 (DAMAGED)
DON'T DRINK & DRIVE SIGNS - 3
W-41 (1), R-2-45 (1), R-26 (2) FADED
T38-A (1)
T38-A (10)
R-41
2-R-l, 2 W-17, 4-R-l-A, W-70
W-31, 3 "bi' MARKERS
R-10
2 DELINEATORS
19 DELINEATORS, 22 R.P.M.S.
R-1 "T.C.'
WM1
R49
3 R-l, 3 R-I~A
W-17
TYPE "iq"
DATE
01/17/02
01/17/02
01/17/02
01/17/02
01/18/02
01/22/02
01/23/02
01/23/02
01/23/02
01/23/02
01/23/02
01/24/02
01/24/02
01/24/02
01/25/02
01/28/02
01/29/02
01/29/02
01/30/02
01/30/02
01/30/02
01/30/02
01/31/02
01/31/02
LOCATION
CALLE MADERO AT END
NORTH GENERAL KEARNEY AT LA COLIMA
CARMELITA CIRCLE ATA VIA NORTE
RANCHO VISTA EAST OF YNEZ
LA SERENA AT VIA PUERTA
MEADOWVIEW AREA
VIA MO~UMA AT LOW FLOW
NORTH GENERAL KEARNEY AT MARGARITA
DEL REY ROAD AT AVENIDA DEL REPOSO
CALLE MADERO
27911 JEIq~ERSON
JEDEDIAH SMITH AT 79 SO.
MEADOWVIEW AREA
MARGARITA AT RUSTIC GLEN
LAS COLIMA AT RANCHO CALIFORNIA ROAD
MARGARITA SOUTH OF WINCHESTER
MARGARITA sOUTH OF MORAGA
NICHOLAS AT NORTH GENERAL KEARNEY
31748 CORTE CARDENAS
MARGARITA AT DE PORTOLA
VAIL RANCH PARK3,VAY AT OVERLAND TRAIL
PALA ROAD SOUTH OF WOLF VALLEY
PALA ROAD SOUTH OF WOLF VALLEY
MARGARITA NORTH OF 79 SO.
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACED
REPLACE[)
REPLACED
REPLACED
INSTALLED
REPLACED
REPLACED
REPLACED
REPLACEr~
REPLACE[}
REPLACED
REPLACED
REPLACED
INSTALLED
REPLACED
REPI~t~CED
INSTALLED
INSTALLED
REPLACED
WORK COMPLETED
TYPE "N~'
W-80
R-1
R26-81 COMBO
R26-81 COMBO
W-17, 5 "iN"' MARKERS
3 R-l, 3 R-l-A, W80, R-2 35, R-26
"K' MARKER
3 R-26-81 COMBO
2 R-l,4 R-I-A
W-30 TYPE "~'
R-2 40
R-l,2 W-17
2 R-l, 3 R-lA, W57, R-26 COMBO
4 DELINEATORS, W-17, "K" MARKER
R-41
6 R-26, 6 W-17, 4 R-l, R~61
8 R-28-81 COMBOS, R-2-45
R-1
W-53A
6 R-26-91 COMBO, R-18
w-17, r-1
11 R26
10R26
3 R26, R-7, R-2-45, R-I
TOTAL SIGNS REPLACED
TOTAL SIGNS INSTALLED
TOTAL SIGNS REPAIRED
106
11}8
4
APPF~:OVAL
CITY ATTORNEY
DIRECTOR OF FINANCE
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Debbie Ubnoske, Director of Planning
February 26, 2002
Monthly Report
The following are the recent highlights for the Planning Division of the Community Development
Department in the month of January 2002.
CURRENT PLANNING ACTIVITIES
New Cases
The Division received 5._~0 new applications for administrative, other minor cases, and home
occupations and _9 applications for public hearings during the month of January. The new public
hearing cases are as follows:
Development Plan 1
Change of Zone 1
Minor Conditional Use Permit 2
Lot Line Adjustment 2
Substantial Conformance 2
Development Agreement Amendment 1
Status of Maior Proiects
Staff is working with project applicants to address any remaining issues and prepare the following
cases for public hearing before the Director of Planning or Planning Commission:
Roripaugh Ranch Annexation, Specific Plan, Environmental Impact Report and Development
Agreement - On October 17th, the Planning Commission continued the item off-calendar. Staff
has been meeting with the applicant since then to address Ihe Commission's concerns and
assisting the applicant in developing the project concept. A first draft of the new Specific Plan
has been submitted to staff to review.
· Villages of Old Town Specific Plan, General Plan Amendment and Environmental Impac! Report
have been submitted. Staff is currently reviewing the initial proposal.
RNvlONTHLY.RP'r~2002~anuary 2002 rev. 1.doc
1
Pacific Dental Services - The applicant has submitted a proposal for a 10,927 square foot
retail/dental office building located between the Combs Medical Building and the AM/PM on
Highway 79 South. This item is scheduled for the February 20~h Planning Commission with a
staff recommendation of approval.
Rancho Community Church -Application to design, construct and operate a church and school
campus on a 39-acre site. The overall proposal will incJude ,~!92,745 square feet of religious and
school facilities with two four level (two story) parking structure (162,600 square feet and
380,023 square feet). The site will be developed in a number of phases beginning with a 1,500
seat, 26,927 square foot interim sanctuary with assembly room and a nursery; a two story
226,777 square foot administration building, 17 modular classroom buildings, a 9,695 square
foot preschool, a 300 seat, 5,856 square foot chapel, two field house buildings totaling 10,000
square feet and lighted athletic fields. Future phases include permanent first through twelfth
grade classroom facilities, a gymnasium, a 3,500 seat, 43,727 square foot worship center and a
parking structure. This project is located on the north side of State Highway 79 South east of
Jedidiah Smith Road. A second DRC meeting was held December 11,2001 with the applicant
and the City's Subcommittee followed by a letter with comments from all departments. Currently
awaiting response to those comments.
Mosco Lot 20 - Development Plan application to design and construct a 16,400 square foot
warehouse/office spec building on 1.52 acres. The project is located on Winchester Road
between Zevo and Colt Ct. The proposed project was submitted on June 22, 2001, and was
deemed incomplete. DRC was held on November 1, 2001, comments routed to applicant.
Applicant resubmitted on February 12, 2002.
Mosco Lot 29 - Development Plan application to design and construct an 11,600 square foot
warehouse/office spec building on .92 acres. The project is located in the vicinity of Winchester
and Diaz Road. The proposed project was submitted on JunE; 22, 2001 with additional materials
submitted on August 17, 2001. The project was reviewed at r)RC on September 27, 2001. The
applicant has not resubmitted plans as of November 13, 2001.
Paloma del Sol Specific Plan Amendment, General Plan Amendment and Tentative Tract Map
Amendment - To relocate commemial in the northeast portion of the project to the southwest
(adjacent to the other commercial). The project was approved at the January 8, 2002 City
Council Meeting.
Villages of Temecula - Development Plan proposal for a 160 unit multi-family apartment
complex with a commercial retail/office center located on thE; south side of Rancho California
Road, west of Cosmic Drive and east of the Moraga Road and Rancho California Road
intersection. This project also includes a General Plan Amendment, change of zone (with a
PDO) and a parcel map. The State Clearinghouse has circulated the initial study, no comments
were received. A community meeting was held on January 14, 2002. The project is scheduled
for Planning Commission on February 20, 2002.
Wolf Creek General Plan Amendment and Specific Plan Amendment - The General Plan
Amendment involves relocating the sports park from Deer Hollow Road to Wolf Valley Road.
The property owner has submitted a conceptual plan to allow for a senior housing alternative on
the south half of the project. Staff has reviewed the proposal and provided comments to the
applicant. Staff is also negotiating an amended development agreement with the applicant.
This item will not go to public hearing until the Development .Agreement issues are resolved.
R:~VlONTHLY. RPT~002~January 2002 rev. 1.doc
2
Romano's Macaroni Grill - Planning Application to construct a 6,900 square foot freestanding
restaurant building within Bel Villaggio Commemial Center. The project site is located at the
southwest corner of Margarita Road and North General Kearney Road. The applicant's architect
is working on preparing a revised site plan and revised building elevations to address issues
raised by staff.
Temecula Creek Village - Application for a 32.6-acre mixed-use development site containing
108,100 square feet of retail/office uses, four hundred multi-family residential units, and a
15,000 square foot day care center building. A related application (Tentative Parcel Map No.
30468 was filed to divide the site into 14 parcels for commercial and residential uses. The
project site is located at the southeast corner of State Highway 79 and Jedediah Smith Road.
DRC was held on November 1,2001. Staff is reviewing revised plans.
Mosco Lot 34 - Development plan application to design and construct a 24,850 square foot
office/warehouse building on 1.68 acres. The project is Iocaled on the south side of Zevo Drive
approximately 2,000 feet west of Diaz Road. CEQA initial study being prepared. Letter sent to
applicant on January 3, 2002 requesting revised project plans to address completeness and
design issues.
Temecula Partners Industrial Spec Buildings - Development plan application for the design and
construction of adjacent 22,000 square foot tilt up concrete industrial building on two separate
parcels located on the north side of Winchester Road, west of Diaz Road. Project was
scheduled for October 11,2001 DRC meeting; awaiting resubmittal.
U Stor It - A Conditional Use Permit for the design, construction and operation of a 55,950-
square foot storage facility located on Pala Road. The proposed project was submitted on
October 22, 2001 and was deemed incomplete; awaiting resubmittal.
Crystal Ridge Office Building -A Development Plan for the design, construction and operation
of a 9,990 square foot office building located at 43471 Ridge Park Drive. The proposed project
was submitted on October 16, 2001, and was deemed incomplete. Applicant resubmitted on
December 27, 2001. Applicant has been furnished a detailed comment letter and Staff is
awaiting resubmittal.
The Summit at Crystal Ridge - Development Plan to construct a 36,000 square foot office
building on 3.01 acres, located at Parcel No. 5 of Parcel Map No. and also known as Assessor's
Parcel Number 940-310-040-5; submitted by Lucas Development Company. The application
was submitted on January 22, 2002 and Staff is awaiting comments from other departments.
Gospel Recordings Building - Development Plan Application to design and construct a 17,500
square foot executive office building on a 41,817 square foot lot. The project is located on
Enterprise Circle North. The project will likely be considered by the Planning Commission in
March.
The Fountains at Temecula Expansion - Submitted by Fount.'~in Glen Properties; a proposal to
design and construct an additional 102 senior apartment units on 3.4 acres. This is an
expansion of the existing Fountains at Temecula project located on the adjacent eight-acre lot.
The project is located on the northwest corner of Nicholas and Winchester Roads. Revised
plans were distributed to other departments for review with comments due February 25, 2002.
R:\MONTHLY.RPT~.002~January 2002 rev. 1.doc
3
Linfield Christian School Master Plan - Submitted by Linfield Christian School; a Conditional
Use Permit proposal to expand the existing facility with 154,397 square feet of additional
classroom and accessory structures and a proposed 37,500 square feet of housing for a
superintendent, caretaker and facility. This project is located on the north side of Pauba Road
west of Margarita Road (behind Temecula Valley High School). Plans were submitted
December 26, 2001 and have been deemed incomplete.
Temecula Methodist Church - Conditional Use Permit application to construct and operate a
6,489 square foot nine classroom addition to an existing church facility. The project site is
located on the east side of Margarita Road, north of Rancho Vista Road. The project will likely
be considered by the Planning Commission in March.
Commercial Tentative Parcel Map - Application submitted by Lowry and Association to divide a
13.2 acre parcel into 14 commercial lots. The subject property is located at the southeast and
southwest corners of State Highway 79 South and Pala Road. Staff is awaiting additional
information items. In addition, Staff is awaiting the submittal of design guidelines for the subject
property which will be processed concurrently with the Tentative Parcel Map.
Meadowview Golf Course - Conditional Use Permit and r)evelopment Plan to design and
construct a public golf course and driving range within the Meadowview Community. City Staff is
currently conducting an Administrative Review of the Focused Environmental Impact Report
associated with the project.
Crowne Hill Subdivision - A grading permit has been issued to Pacific Century Homes for
grading and improving the remaining 396-acre subdivision located on the southeast corner of
Pauba and Butterfield Stage Roads. Upon completion sometime this fall, 803 single-family
residential lots will be ready for development.
Hampton Inn Suites - Development Plan application to design and construct a 70 room, four
story hotel on a 1.3 acre parcel located at the northeast corner of Jefferson and Winchester.
Staff is reviewing the application for completeness.
Sprint Monopine - A Minor Conditional Use Permit for the co-location of wireless antennas on
an existing Sprint monopine for Verizon Wireless located at 41520 Margarita Road. The
application was submitted on November 27th and deemed incomplete on December 26, 2001.
Applicant has been furnished a detailed comment letter and staff is awaiting resubmittal.
Temecula Professional Center- Minor Conditional Use Permit for the installation of two wireless
telecommunication facilities on the roof of an existing building. The application was submitted
on December 13, 2001. The project is scheduled for a DRC meeting on February 14, 2002.
Cingular Wireless Telecommunications & Sign Structure at Chaparral High School - Conditional
Use Permit to construct a 26 foot high, 14 foot x14 foot rectangular structure to house six
wireless telecommunications antennas and equipment, and structure will include three sides
with signage to consist of an 84 square foot non-illuminated sign with green letters and blue
background to read "Chaparral High School", a 42 square foot electronic message markee, and
a 56 square foot blue and beige colored "C" letter with a black and green puma mascot
illustration. Staff is currently reviewing this project.
Ralphs Marketplace at Vail Ranch - Substantial Conformance Application (administrative
review only) to reduce the size of a previously approved (under County a Conditional Use
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Permit) shopping center retail building from 16,500 square teet to 10,500 square feet. NOTE:
Adjacent portions of the subject shopping center site have already been constructed (e.g.
Ralph's Market and parking lot). Staff is currently reviewing this project.
Sunridge Community Church - Conditional Use Permit to convert and occupy an existing two-
story, 45,000 square foot industrial building on a 3.88-acre parcel into a church facility
consisting of: a 13,571 square foot chapel for 407 people (10,754 sq. ft. in Phase 1,2,817 sq.
ft. in Phase 2), eight children's Sunday school rooms, one multi-purpose meeting room to
include Sunday school use for junior high and senior high pupils in Phase 1, a lobby and
reception area, nine offices, a conference room, and an executive lounge room all in Phase 1,
use of four additional Sunday school rooms in Phase 2, and construction of a new 227-space
parking lot on four adjacent, previously rough graded parcels containing 3.22 acres to be
developed in two phases (322 spaces in Phase 1 and 83 spaces in Phase 2), and a request to
construct as an option an additional 171 -space parking lot ¢,n 2 Parcels containing 1.76 acres
(Phase 3). Staff is currently reviewing this project.
Overland Self Storage Facility - Conditional Use Permit to construct a 124,496 square foot, one-
story, self-storage mini-warehousing facility with beige stucco and beige metal siding exterior
walls and olive green color metal roofing on a two-lot, 3.65-acre site. Future phase to include
construction of a one-story 3,000 square foot office and caret~aker's dwelling unit located at front
of site. Staff is currently reviewing this project.
Cingular Wireless Lighting Pole at Rancho California Sports Park - Replace an existing 80' high
wood baseball field lighting pole with a new 80' high steel lighting pole to contain six flush-
mounted antennas at a 40' height for improved cellular phone coverage, and construct a related
10'x16' telecommunications equipment structure. Staff is currently reviewing this project.
Small Business Assistance
Old Town Temecula Salon and Day Spa: Staff made a site visit to this proposed business on
Third Street in Old Town Temecula in order to help the new owner with tenant improvement
plans. City provided guidance in preparing materials for presentation to the Old Town Local
Review Board. New paint and signs were approved. Funding was provided through the Fa(;ade
Improvement Program.
Country Home/Country Garden: A joint meeting between staff and the owners of this business
was held to discuss what structural plans and inspections are needed to allow the opening of
this business in December. Approval and funding of her improvements under the Fa(;ade
Improvement Program was expedited.
Welty Building Outdoor Vendor Area: Staff from the Planning, Fire and Building and Public
Works Departments held a meeting with the owner of this property on Main Street in order to
assess the impacts of his proposal. Aided owner in the development of exhibits and color
boards. Provided assistance with applications for a Development Plan and an Encroachment
Permit.
· Old Town Sunglasses and Jerky: Staff helped this new Old Town business with design concepts
and an application for Facade Improvement Program fundincj for the approval of new signs.
· Massage Professionals: Worked with owner of this Old Town business in order to help her make
new color selections for her signs. The proposal was administratively approvbd.
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Mercato Italiano: Application by this new business for a wall sign was expedited in order to
obtain approval from the Old Town Local Review Board and funding under the Facade
Improvement Program.
Special Event Permits
· 2002 Rod Run: Staff advised the Temecula Town Associa.tion (TTA) regarding its planning
application and has prepared a comprehensive site plan.
Camp Del Corazon Race: Staff has assisted this organization in preparing an application for this
for a temporary use permit. Organizational meetings have been scheduled with the organizers
and all City departments involved in order to monitor progress for this event which is scheduled
for February 23, 2001 at the Promenade Mall.
Special Proiects & Lonq Ranqe Plannin(I Activities
The Division also commits work efforts toward larger scale and longer time frame projects for both
private and public purposes. These activities can range from a relatively simple ordinance or
environmental review to a new specific plan or a general plan amendment. Some of the major
special projects and long range planning activities are as follows:
Housing Element Update - The City has received the comments of the State Department of
Housing and Community Development and is preparing the draft Element for the Planning
Commission's consideration. The remaining issues with HCD are local land costs, unit
affordability and their relationship to the allowable densities.
· Subsequent Environmental Impact Report for the City Redevelopment Plan - This activity is on
hold pending the update of a General Plan Circulation Analysis.
Comprehensive General Plan Update - The Community Advisory Committee (CAC) held it's first
meetings on January 7and 28th, 2002. The first community workshops were held on December
6, 2001 and January 12, 2002. A supplemental CAC meeting has been scheduled for late
February. A joint PC/CC meeting was held January 29, 200.'.~.
Traditional Neighborhood Development Ordinance - Final changes are being made prior to
scheduling this item for a Planning Commission workshop. This item is on hold pending
additional staff resources.
Surface Mining Ordinance - The staff and City Attorney had been making final changes based
upon feedback from the State prior to submitting this item to the Council for their consideration.
This item is on hold pending additional staff resources.
Application Fee Study - Staff has provided information to the consultant and Finance
Department about changes to our current fee schedule and is currently awaiting revised
information to be returned for the Planning Department's review.
· Hillside Development Policy - The policies are being examined for integration into the draft-
grading ordinance. This item is on hold pending additional slaff resources.
· Multi-species Habitat Conservation Planning Efforts for Western Riverside County -
Councilman Naggar and Planning Staff are attending commi'~ee meetings and monitoring the
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process of determining conservation reserve needs.
Large Family Day Care Home Facility Ordinance - The Planning Commission considered this
Ordinance amendment at their February 2, 2000 meeting. This item is on hold pending staff
resources.
County Project Reviews - Staff continues to allocate significant resources to review projects
within the County and other local jurisdictions that could affect the City of Temecula.
Information regarding these projects will be forwarded under separate cover labeled Projects of
Concern.
· Southside Specific Plan - This item is on hold pending additional staff resoumes.
Secondary Dwelling Unit Ordinance - The City Council sent this item back to the Planning
Commission to re-evaluate this topic and report back to the Council after their re-consideration.
Staff has prepared supporting documentation to increase the :size of the second units from 1,200
square feet to 2,000 square feet. This item is scheduled for Planning Commission on March 6,
2002.
· City- Project environmental reviews and permitting:
Butterfield Stage Road (NEPA) - Draft PES and Draft Programmatic Categorical
Exclusion have been prepared and sent to Caltrans District office for approval.
Temecula Library
Advance Acquisition Authorization for McCabe Court properties (NEPA) -Accepted
by CalTrans and Riverside County for "advance protection". Public Works is hiring
an appraiser to determine the value of the site.
Long Valley Channel Maintenance
General Plan Amendments
Villages of Temecula, south of Rancho California Rd., west of Cosmic and east of Moraga
intersection. A community meeting was held on January 14, 2002. The project is scheduled for
the February 20, 2002 Planning Commission meeting.
· Rancho Highlands Drive was continued by the City Council on September 25, 2001.
A request to reduce the size of Via Industria (Western Bypass Corridor) north of Avenida
Alvarado has been submitted and has been on hold pending the approval of a revised
Circulation Element.
Eli Lilly General Plan Amendment and zone change - Staff has been meeting with
representatives from Eli Lilly and Guidant on a future GPA in this area. The current proposal
would only involve changing the land use designations on about half of the original project area.
Staff is currently considering different land use options for the properties facing Overland Road.
Geoclraphic Information System (GIS) Activities
The contract for the City's GIS-based Fire Response Program with Plant Equipment has been
executed. Staff is currently conducting hardware specifications to equip all the front line
emergency vehicles in the City.
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· GIS Department staff received training in Plant Equipments Map Manager program in
conjunction with the implementation of the City's GIS-basecl Fire Response Program.
The GIS Departments purchased and received its HP 5000 60 inch wide plotter. This plotter is
capable of producing plots 60 inches wide.
Fire Department and GIS staff once again met with Riverside County GIS and the Riverside
County Sheriff's office to discuss Countywide coordination of data for public safety applications.
It was determined that a committee consisting of representatives of various cities, CDF/County
Fire, the County Sheriff's office would be formed and web, Id meeting every other month to
discuss the long-term coordination of GIS data including updating and accuracy issues.
Entered into contract with Project Design Consultant's in partnership with Rancho California
Water District for the purchase of high resolution digital aerial ortho-photographs of the City and
surrounding area. Deliverables for this project will be phased over the next 8 to 1 0 months with
the first delivery within the city limits occurring in about a month.
Recent mapping products include:
Business Park/Service Commercial potential sites map prepared for City
Manager's office.
Indian Lands map prepared for Planning.
Slurry seal area maps for Public Works.
Ridge Park Drive area zoning map for City Manager's office.
Zoning map updated for Planning.
Internet GIS data updated.
Code Enforcement Response area maps
Street tree installation maps for Public Works
GPS locations of electrical irrigation boxes in VaiJ Ranch area for TCSD
Updated City's Restaurant map
Aerial mapping of the Sport Park for consideratior~ of future firework launching
locations for TCSD
Fault map for City Hall locations for placement of emergency generator
Guidant agreement exhibit for City Manager's office
Map of the Date/Cherry Street corridor
Vicinity map for Finance.
Council member zip code areas map request.
Aerial map prepared for Redevelopment.
Data and map of RDA and RDA/City owned properties for Redevelopment.
Residential data report prepared for Planning.
Updated pamel and centerline data.
Vicinity, zoning and land use exhibits prepared for Planning.
Staff continues with ongoing data layer development and maintenance.
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