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HomeMy WebLinkAbout072605 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 26,2005 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 5:45 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 regarding real property negotiations located at the following locations: 1) APN: 922-044-019, located at the southwest corner of Main and Mercedes; Negotiating parties are the City of Temecula Redevelopment Agency and Keen. 2) APN 922-044-022, located on the south side of Main, west of Mercedes; Negotiating parties are the City of Temecula Redevelopment Agency and Fred Perkins. Under negotiation are the price and terms of payment of real property interests. 2. Public Employee Performance Evaluation of the City Manager pursuant to Government Code Sections 54957 and 54957.6 Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: No. 2005-14 Resolution: No. 2005-78 CALL TO ORDER: Mayor Jeff Comerchero Invocation: Rabbi Hurwitz of Chabad of Temecula Valley Flag Salute: Councilwoman Edwards ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero R:\Agenda1072605 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk orior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adootion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution aoorovinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Minutes RECOMMENDATION: 3.1 Approve the minutes of June 28, 2005. R:\AgendaI072605 2 4 City Treasurer's Statement of Investment Policy RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. 5 Infrastructure Fundinq Aqreement for SR79 Improvements RECOMMENDATION: 5.1 Approve the Infrastructure Funding Agreement between the City of Temecula and the County of Riverside that allows the County's Assessment District 159 funds to be used for SR79 improvements. 6 Professional Services Aqreement for Annual Administration of CFDs/AD RECOMMENDATION: 6.1 Approve a one-year professional services agreement with Canty Engineering Group, Inc. in the amount of $58,500 for debt service administration for the City's Community Facilities Districts and Assessment District for Fiscal Year 2005/2006 and Weed Abatement Program administration for Fiscal Years 2004/2005. 7 City Vehicle Maintenance Aqreements RECOMMENDATION: 7.1 Approve the Maintenance Agreement with Temecula Auto in the amount of $75,000 plus a 10% contingency; 7.2 Approve the Maintenance Agreement with Old Town Tire in the amount of $50,000 plus a 10% contingency. 8 Tract Map Nos. 30264-4. -5. -11 & -12 (located east of Pechanqa Parkway. south of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR) RECOMMENDATION: 8.1 Approye Final Tract Map Nos. 30264-4, -5, -11, & -12, in conformance with the Conditions of Approval; 8.2 Approve Subdivision Improvement Agreements; 8.3 Approve Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds and Monument Bonds as security for the agreements. R:\AgendaI072605 3 9 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Proqram FY 2005/06. Ynez Road. Proiect No. PW04-12 RECOMMENDATION: 9.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program FY 2005/06 - Ynez Road, PW04-12. 10 Completion and Acceptance of Construction Contract. Traffic Siqnallnstallation at Pechanqa Parkway and Muirfield Drive. Proiect No. PW99-11TS RECOMMENDATION: 10.1 Accept the project, Traffic Signal Installation at Pechanga Parkway and Muirfield Drive, Project Number PW99-11TS as complete; 10.2 File a Notice of Completion, release the Performance Bond; and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 10.3 Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. 11 Professional Services Aqreement Vali Cooper & Associates. Inc.. Contract for Construction Manaqement and Inspection Services for City-wide Verizon Fiber Optics FTTP Installation Proiect RECOMMENDATION: 11.1 Approve an agreement with Vali Cooper & Associates, Inc. in an amount not to exceed $205,040.00 to provide Public Works Construction Management and Inspection Services for the Verizon City-wide FTTP (Fiber to the Premises) Project, and authorize the Mayor to execute the agreement; 11.2 Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $20,504, which is equal to 10% of the agreement amount; 11.3 Approve an appropriation in the amount of $225,544 to the Public Works Engineering Consulting Account from the Encroachment Permit Reyenue for the Verizon Fiber Optics Project; 11.4 Increase Encroachment Permit Revenues in the amount of $225,544 in the General Fund Reserves. 12 Award of Consultant Services Aqreement for the Temecula Librarv Information Systems. Proiect No. PWOO-07 RECOMMENDATION: 12.1 Approve the consulting services agreement with Conduit Consulting Networks for the amount of $34,200, and authorize the Mayor to execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,420 which is equal to the 10% contingency. R:\AgendaI072605 4 13 Approve the Sponsorship Request for "The Temecula Rock 'n Rod Run" RECOMMENDATION: 13.1 Approve "The Temecula Rock 'n Rod Run" Sponsorship Agreement with P & R Foundation and authorize the Mayor to execute the Agreement; 13.2 Appropriate $11,475 from the un allocated reserves of the General Fund for sponsorship costs. 14 Two-Year Aqreement with Animal Friends of the Valleys for Animal Control Services RECOMMENDATION: 14.1 Approve a two-year contract for Animal Control Services with Animal Friends of the Valleys not to exceed $150,000 per year; 14.2 Authorize the City Manager to approve additional service not to exceed $10,000 in contingency. 15 Parkinq/Stoppinq Restrictions - Butterfield Staqe Road RECOMMENDATION: 15.1 Establish "No Stopping" zones along the west half of Butterfield Stage Road between Chemin Clinet and Rancho Vista Road and along both sides of Rancho California Road from Butterfield Stage Road to Promenade Chardonnay; and direct City staff to work with the County of Riverside to establish similar "No Stopping" zones along the east side of Butterfield Stage Road and portions of Rancho California Road. 16 Request to Authorize Niqhttime Gradinq Operations for the Temecula Auto Mall RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD AND ADOPTING A MITIGATED NEGATIVE DECLARATION (EA-121) R:\Agenda1072605 5 17 Authorization of Special Tax Levv in Community Facilities District No. 88-12 (Ynez Corridor) RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** R:\Agenda1072605 6 .'. AAAAAAAAAAAAAAAAAAAAAAAAAA1*********AAAAAAAAAAAAAA***********AAAAAAAAAAAAAAA11111AAAAAAAAAAAAAA..1A1A11AAAAAAAAA TEMECULA COMMUNITY SERVICES DISTRICT MEETING ***************************************************************************A A 1..AAA11.1..I.*.I..I. A.I. A A A.I. A A A A************** Next in Order: Ordinance: No. CSD 2005-01 Resolution: No. CSD 2005-21 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Edwards, Comerchero, Naggar, Roberts, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for indiyidual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 12, 2005. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS R:\AgendaI072605 7 ADJOURNMENT Next regular meeting: Tuesday, August 9, 2005, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda1072605 8 . . ***********A~~AAAAAAAAAAAAAAAAAAA*******~AAAAAAAAAAAAAAAAAAAAAAAA11*1411111111111************************14411111 TEMECULA REDEVELOPMENT AGENCY MEETING *****************AAAAAAAAAA***AAAAAAAAA*AAAAkAAAAAAAAAAAAAAAAA****************111111111111111******************** Next in Order: Ordinance: No. RDA 2005-01 Resolution: No. RDA 2005-06 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Edwards, Comerchero, Naggar, Washington, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of July 12, 2005. 2 Status Update on the Temecula Education Center RECOMMENDATION: 2.1 Receive and file report. R:\AgendaI072605 9 DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Nex1 regular meeting: Tuesday, August 9, 2005, City Council Chambers, 43200 Business Park Driye, Temecula, California. R:\AgendaI072605 10 ************************************************************************************************************* TEMECULA PUBLIC FINANCING AUTHORITY ************************************************************************************************************* Next in Order: Ordinance: No. TPFA 2005-02 Resolution: No. TPFA 2005-06 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AGENCY MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of April 12, 2005. R:\AgendaI072605 11 2 Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 05-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) 3 Authorization of Special Tax Levv in Community Facilities District No. 03-6 (Harveston II) RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 05-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-6 (HARVESTON II) 4 Authorization of Special Tax Levv in Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. TPFA OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) 5 Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. TPFA OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) R:\AgendaI072605 12 . RECONVENE CITY COUNCIL MEETING TO A JOINT PUBLIC HEARING OF THE CITY COUNCIL AND TEMECULA PUBLIC FINANCING AUTHORITY Any person may submit written comments to the City Council/Temecula Public Financing Authority before a pUblic hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 6 Approval of Issuance of Parity Bonds for Temecula Public Financinq Authority Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 6.1 That the City Council hold a public hearing regarding the proposed issuance of an additional series of bonds by the Temecula Public Financing Authority for its Community Facilities District No. 03-1 (Crowne Hill), and adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) 6.2 That the Board of Directors of the Temecula Public Financing Authority adopt a resolution entitled: RESOLUTION NO. TPFA OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SERIES 2005-B SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL), AND APPROVING RELATED DOCUMENTS AND ACTIONS RECESS CITY COUNCIL MEETING EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:\AgendaI072605 13 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the pUblic hearing. 18 Consistency Rezoninq Ordinance (PA05-0085l RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA05-0085) 19 Vinvards View Estates. Planninq Application Nos. PA04-0390 and PA04-0392. Specific Plan Amendment (text and map-PA04-0390l. and Tentative Tract Map No. 23103-2 (PA04-0392l RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE VINYARDS VIEW ESTATES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR PARCEL NOS. 953-390-007 AND 953-050-009 (PA04-0390 AND 04-0392) R:\Agenda1072605 14 19.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. OS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA 7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2 (20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING AREA 9A (PA04-0390) 19.3 Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103- 2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-390-007 AND 953-050-009 (PLANNING APPLICATION PA04-0392) DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, August 9, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\AgendaI072605 15 ITEM 1 ITEM 2 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $7,223,729.34. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 26th day of July, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R/Resos 2005/Resos 05- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 05-_ was duly adopted at a meeting of the City Council of the City of Temecula on the 26th day of July, 2005 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2005/Resos 05- 2 I CITY OF TEMECULA LIST OF DEMANDS 07/07/05 TOTAL CHECK RUN: $ 1.880.775.61 07/14/05 TOTAL CHECK RUN: 4,913,053.94 07/14/05 TOTAL PAYROLL RUN: 429,899.79 TOTAL LIST OF DEMANDS FOR 07/26/05 COUNCIL MEETING: $ 7,223,729.34 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,917,007.04 165 RDA DEV.LOW/MOD SET ASIDE 23,008.55 190 COMMUNITY SERVICES DISTRICT 267,164.57 192 TCSD SERVICE LEVEL B 97.80 193 TCSD SERVICE LEVEL C 84,165.55 194 TCSD SERVICE LEVEL 0 1,802,820.32 196 TCSD SERVICE LEVEL L 8,182.33 210 CAPrrAL IMPROVEMENT PROJ. FUND 2,588.146.96 280 REDEVELOPMENT AGENCY.CIP 23.320.74 300 INSURANCE FUND 4.125.61 320 IN FORMATION SYSTEMS 27.700.53 330 SUPPORT SERVICES 25,163.40 340 FACILITIES 21,422.5S 380 RDA 2002 TABS DEBT SVC 1,500.00 460 CFD 88-12 DEBT SVC FUND 3.60 I $ 6,793,829.55 001 GENERAL FUND $ 271,843.21 16S RDA-LOW/MOD SET ASIDE 5.568.44 190 COMMUNITY SERVICES DISTRICT 109,960.97 192 TCSD SERVICE LEVEL B 134.49 193 TCSD SERVICE LEVEL C 5,301.68 194 TCSD SERVICE LEVEL 0 902.26 1S6 TCSD SERVICE LEVEL L 714.73 280 REDEVELOPMENT AGENCY.CIP 2,675.12 300 INSURANCE FUND 1,183.15 320 INFORMATION SYSTEMS 21,038.99 330 SUPPORT SERVICES 3,343.41 340 FACILITIES 7,233.34 429,899.79 TOTAL BY FUND: $ 7,223.729.34 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. I SHAWN NELSON, crry MANAGER . HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. I apChkLst Final Check List Page: 1 07/07/2005 4:34:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 529 07/06/2005 000166 FIRST AMERICAN TITLE OepstAPN 922-044-004 Old Twn 10.000.00 10,000.00 100496 07/07/2005 004064 ADELPHIA Jul-Aug high speed internet svcs 46.95 Jul-Aug high speed internet svcs 46.95 93.90 100497 07/07/2005 008698 ADVANCED APPLIED Citywide engineeringltraffic survey svcs 18,000.00 18,000.00 100498 07/07/2005 008944 ALAMI-RAD, MAHSHID Refund: Level 2 Swim Lessons 85.00 85.00 100499 07/07/2005 001916 ALBERT A WEBB ASSOCIATES Mar-Apr Consultant RoripaughlBttrfld 1,347,81 1,347.81 100500 07/07/2005 008811 AMERICAN CIVIL WAR SOCIETY Western Days:Civil War Camp 250.00 250.00 100501 07/07/2005 000747 AMERICAN PLANNING Membership: Veronica McCoy 230.00 230.00 . - - - -..-.-- 100502 07/07/2005 002187 ANIMAL FRIENDS OF THE June animal control services 8,750.00 8,750.00 100503 07/07/2005 000101 APPLE ONE INC Temp help PPE 6/18 GKlWM 1,041.86 1,041.86 100504 07/07/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ City Hall 637.05 Bottled wtr svcs @ West Wing 433.12 Bottled wtr svcs @ City Hall 286.42 Bottled wtr svcs @ CRC 121.74 Bottled wtr svcs @ C.Museum 61.73 Bottled wtr svcs @ T.Museum 57.26 Bottled wtr SVC5 @ City Hall 39.86 Bottled wtr svcs @ Tee 17.58 Botlled wt. svcs @ TESc 9.69 1,664.45 100505 07/07/2005 003203 ARTISTIC EMBROIDERY TCSO staff uniforrns:ShirtslJackets 277.00 277.00 100506 07/07/2005 008958 BUSINESS RADIO LICENSING ConsVNotif License:Harveston Radio 95.00 95.00 100507 07/07/2005 002103 CAPIO 05/06 Membership: A.Adams 175.00 175.00 100508 07/07/2005 008502 C J 'S ENTERPRISES Res imprv prgm: Smith, Alison 235.00 235.00 100509 07/07/2005 004621 C.18INC Citywide street striping project 35,342.00 35,342.00 Page:1 apChkLst Final Check Us, Page: 2 07/07/2005 4:34:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100510 07/07/2005 008961 CALICO COFFEE Coffee for July 4th Parade VIPs 50.00 50.00 100511 07/07/2005 005071 CALIF ASSN OF PARKS Membership:5 TCSD Commissioners 165.00 165.00 100512 07/07/2005 000152 CALIF PARKS & RECREATION Plygmd Safety Certif:9fI4-16:AM 585.00 Membership: J.Crowe-Petletier 014371 130.00 715.00 100513 07/07/2005 008960 CANYON LAKE, CITY OF RegistLeague Mtg:CW/ME/JO:7/11/05 120.00 120.00 100514 07/07/2005 002415 CASTLE AMUSEMENT PARK DepstDay camp excursion 50.00 50.00 100515 07/07/2005 001009 o B X INC PechangalMuirfield Traffic Signals 106,600.50 106.600.50 100516 07/07/2005 003945 DIAMOND ENVIRONMENTAL Portable Restrooms:Jul4th Event 1,212.85 Portable Restrooms:Jul 4th Event 660.83 1,873.68 100517 07/07/2005 004294 DIVERSIFIED LANDSCAPE CO. Pala Rd habitat restoration svcs 3,000.00 3.000.00 100518 07/07/2005 002701 DIVERSIFIED RISK May 05 special events premiums 557.81 557.81 100520 07/07/2005 001056 EXCEL LANDSCAPE Jun Idscp mnte: Sports Parks 40,986.00 Jun Ldscp Mnte: South Slopes 31,093.00 Jun Idscp mnte: North Slopes 23,071.00 Jun Idscp mnte: Medians 8,398.00 Jun Idscp impr: Freeway mulch 7,490.00 Jun Idscp impr: median 4,800.00 Jun Idscp impr:Crwe Hill slope 4,620.00 Jun Idscp impr: Vail Ranch Prkwy 3,905.00 Jun Idscp impr: Margarita Medians 3,425.00 Jun Idscp impr: Villages slope area 3,350.00 Jun ldscp impr. Ynez Median 2,870.00 Jun ldscp impr:Rancho Highlands 1,245.00 Jun Idscp impr: Slope area 936.00 Jun Idscp impr:Villages slope 901.00 Jun Idscp impr: Slope Areas 705.32 Jun Idscp impr:Meadows Medians 495.00 Jun Idscp impr: Slope Area 447.00 Jun ldscp impr: Crwne Hill Slope 375.00 Jun ldscp impr:Pechanga Prkwy 303.00 Jun Idscp impr: R. Calif Rd median 300.00 Jun Idscp impr: Pechanga Prkwy 74.20 139.789.52 100521 07/07/2005 000165 FEDERAL EXPRESS INC Express mail selVices 77.14 77.14 Page2 apChkLst Final Check List Page: 3 07/07/2005 4:34:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100522 07/07/2005 000206 FEDEX KINKOS INC Stationery paper/mise supplies 129.16 129.16 100523 07/07/2005 003347 FIRST BANKCARD CENTER 000871 HILTON JC HtI:US Mayors Cf:6/10.14/05 1.091.79 001054 CALIF BUILOING OFFICIALS AE RegistDisaster Eval.Trng:Staff 625.00 008949 GOVERNOR HOTEL. THE GT Hotel: IFHP Cf:5/22-25/05 401.64 008950 WESTIN TABOR CENTER. THE JC HtI:Nat'l League Cf:6/16.19 347.20 007287 UNITED AIRLINES JC Airfare:Nat'l League Cf:6/16-19 210.00 008947 RIVERSIDE CO REGIONAL PRK HP Securitydept:Lake Skinner:Team Bldg 165.00 008951 MOTIVATING TAPE CO AE B&S Team Building materials 162.00 008948 SIGNAGISTICS HP Signs for TCSD 159.00 007053 LINDBERGH PARKING SAN JC Prkg:US Mayors Cf:6/10.14/05 138.00 008540 WEBER BOO HP C.Museum exhibit repair parts 135.50 008956 PANERA BREAD GY Refreshments: CMlHR T earn Bldg 115.75 008953 CALIF ASSOC OF BUILDING AE Regist:Certif Energy Plans:Fonnoe 115.00 002534 CATERERS CAFE GT Retshmnts:Civic Ctr design Mtg 106.98 007409 OLD TOWN DINING LLC AE Refrshmnts: Interview Panel 90.81 008952 CARYN TILTON CONSULTING AE Web Based Seminar 89.95 008272 JOHNNY CARINO'S LLC HP Refreshments: Interview Panel 75.14 008957 OLD TOWN COFFEE HOUSE GY Refreshments:Civic Ctr Mtg 56.33 006942 ONTARIO AI RPORT JC Prkg:Nat'l League Cf:6/16-19 45.00 007749 FISH HOUSE INC. GY Refrshmnts: Staff Tmg 43.11 007029 BLACK ANGUS GY Refrshmnts: HR goal setting mtg 34.06 008954 UNITED CAB & TRANSPORT GY Taxi sves in Saearamento 33.40 008955 HERNANDEZ HIDEAWAY GY Refreshments: CMlHA Team Bldg 29.81 008959 T.MOBILE HOTSPOT GR Internet data usage: OayPass 9.99 GT Credit: bank charges -1.75 4.278.71 100524 07/07/2005 003281 FOREMOST PROMOTIONS Crime Prevo Supplies:Trooper Hats 625.44 Crime Prevo Supplies: Sticky Pads 365.24 Child Safety Tip Pocket Sliders:Police 282.60 1,273.28 100525 07/07/2005 000172 GASB 1 yr GASB subscription 155.00 155.00 Page:3 apChkLst Final Check List Page: 4 07/07/2005 4:34:44PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Oate Vendor Description Amount Paid Check Total 100526 07/07/2005 008912 G M C V A HOUSING BUREAU Housing:ICMA's Cf:Yates: 9/24-28/05 150.00 150.00 100527 07/07/2005 008862 GAVARES GROUP, THE T.Ubrary partnering wrkshp trng sves 3,425.00 3,425.00 100528 07/07/2005 008081 HALL & FOREMAN INC Wolf Vly PrklChannel surveying sves 555.00 555.00 100529 07/07/2005 001119 HOUSTON & HARRIS PCS INC Hydro-wash stonn drain: PW Mnte 850.00 850.00 100530 07/07/2005 003938 IAN DAVIDSON LANDSCAPE. ldscp design:Old Town Gateway 1.884.27 1.884.27 100531 07/07/2005 003046 KF ROG 95.1 FM RADIO broadcast Street Painting Festival 1.000.00 1,000.00 100532 07/07/2005 004051 LOR GEOTECHNICAL GROUP Geotech Sves:Pechanga Stann Drains 977.50 Geotech Sves:Pechanga Stonn Drains 957.50 1.935.00 100533 07/07/2005 005701 LAVIN, JOHN Refund: practical yoga 11.25 11.25 100534 07/07/2005 003723 LEGOLAND CALIFORNIA 7/14 Summer Day Camp Excursion 2,609.70 2,609.70 100535 07/07/2005 008383 L1M & NASCIMENTO April design sves: Margarita undercross 7,812.52 7.812.52 100536 07/07/2005 005090 LOS RANCHITOS HOME. Property dues: APN 922-140-010 25.00 ~- - . - - - - Property dues: APN 922-190-035 25.00 50.00 100537 07/07/2005 003782 MAIN STREET SIGNS Various City Street Name Signs 10,981.61 Park Signs: Teset 271.53 11.253.14 100538 07/07/2005 004141 MAlNTEX INC Repair Cre Floor Scrubber 252.41 Custodial supplies: Park Sites 228.77 Custodial supplies: City Hall 60.67 541.85 100539 07/07/2005 004068 MANAlILl, AILEEN TCSD Instructor Earnings 290.50 TCSD Instructor Earnings 224.00 TCSD Instructor Eamings 220.50 TCSD Instructor Earnings 208.25 TCSD Instructor Earnings 196.00 TCSD Instructor Earnings 140.00 TCSD Instructor Earnings 84.00 TCSD Ins1ructor Earnings 15.75 TCSO Instructor Earnings 14.00 TCSD Instructor Earnings 14.00 1,407.00 100540 07/07/2005 001967 MANPOWER TEMPORARY Temp help w/e 6/19 JD/JG/JHlDH 4.270.76 4.270.76 Page:4 apChkLst 07/07/2005 4:34:44PM (Continued) Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 100541 07/07/2005 004929 MARK FISHER COMPANY, THE 100542 07/07/2005 000220 MAURICE PRINTERS INC 100543 07/07/2005 006571 MELODY'S AD WORKS 100544 07/07/2005 001905 MEYERS, DAVID WILLIAM 100545 07/07/2005 007210 MIDORI GARDENS 100546 07/07/2005 006945 MINOR, JENNIFER 100547 07/07/2005 001384 MINUTEMAN PRESS 100548 07/07/2005 005872 MUNICIPAL INFO SYS ASSN OF Final Check List CITY OF TEMECULA Page: 5 Description Amount Paid Check Total lnt'l Jazz Festival full page ad 350.00 350.00 1000 bks: High Country:T.Museum 2,782.11 2,782.11 Street Painting Festival: MrkglReimb. 144.74 144.74 TCSD Instructor Earnings TCSD Instructor Earnings 385.00 306.25 691.25 Jun Ldscp Mntc: Duck Pond Jun Ldscp Mntc: T.High Tennis Courts 2,000.00 590.00 2,590.00 Refund: Level 6 Swim Lessons 40.00 40.00 Business carets: Veronica McCoy 43.33 43.33 05/06 Membership:T.Thorson 240.00 240.00 100549 07/07/2005 002037 NEXUS INTEGRATION SERVICES Telephone supplies: designation cards 3.586.40 3.586.40 100550 07/07/2005 002139 NORTH COUNTY TIMES 1 yr subscription:PW admin 106.80 106.80 131.97 127.63 100551 07/07/2005 006721 OFFICEMAX - A BOISE COMPANY Office Supplies: Planning Office Supplies: Planning 100552 07/07/2005 002105 OLD TOWN TIRE & SERVICE 100553 07/07/2005 001171 ORIENTAL TRADING COMPANY 100554 07/07/2005 008813 OUR DESIGNS INC 100555 07/07/2005 008240 PABLlTOS SPANISH ACADEMY 259.60 City Vehicle Repair/Maint Svcs:PW City Vehicle RepairlMaint Svcs:PW City Vehicle Repair/Maint Svcs: CIP City vehicle repairs & maint.fTCSD PW new Pressure Wshr Battery City vehicle repairs & mainVTCSD 566.72 426.18 177.06 108.92 53.82 34.27 1,366.97 Redhwk Annex promo items:Finance 80.02 80.02 Fire prev handouts for Sister Cities 157.62 157.62 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 280.00 161.00 140.00 140.00 140.00 861.00 PageS apChklst 07/07/2005 4:34:44PM Final Check list CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100556 07/07/2005 006939 PAINT CONNECTION. THE Res lmpr Prgm: Geyer, Francis 2.200.00 2.200.00 100557 07/07/2005 007591 PAUL LASLO & ASSOCIATES Safety Flashing Clip: Public Safety Expo Mini First Aid Kits:Public Safety Expo 1,577.44 1.534.73 3,112.17 100558 07/07/2005 000249 PETTY CASH Petty Cash Reimbursement 527.13 527.13 100559 07/07/2005 000254 PRESS ENTERPRISE COMPANY 1 yr Subscription: City Clerk 1633708 160.16 160.16 100560 07/07/2005 003697 PROJECT DESIGN May Oesign Svcs:Ovrlnd Dr. Extension Apr-May Ldscp Design:I-15/Bttrfld Stage 12,485.18 452.22 12.937.40 100561 07/07/2005 007928 RAGING WATERS 7/26 Team Summer Excursion 839.60 839.60 100562 07/07/2005 002176 RANCHO CALIF BUS PRK ASSN Business park assoc. dues Business park assoc. dues Business park assoc. dues 1,948.77 1,417.29 1.169.26 4.535.32 100563 07/07/2005 000947 RANCHO REPROGRAPHICS BlueprintBarrier Rail:Rnbw Cnyn Blueprints:Trail Undereross Margarita Blueprints:R.Calif Rd Widening Small Plan Sacs: CIP Division Blueprints: Pavement Rehab Prgm 108.61 68.27 54.31 53.88 34.91 319.98 100564 07/07/2005 003591 RENES COMMERCIAL weed abatement for Tractor Raees 7,500.00 7.500.00 100565 07/07/2005 004498 REPUBLIC ELECTRIC Annual trffc signal monitor testings June on-call trffc signal mntc On-Call trffc signal mntc:PechangaIWlf On-Call trffc signal mnte: BnrfldlHwy79 7,885.00 2,521.49 357.00 220.38 10.983.87 100566 07/07/2005 007402 RICHARD BRADY & ASSOCIATES May Design Svcs Mntc Facility Expansion 31,856.40 31.856.40 100567 07/07/2005 002412 RICHARDS WATSON & GERSHON May 2005 legal services 69,244.56 69,244.56 100568 07/07/2005 000418 RIVERSIDE CO CLERK & RDA Recording Fee:LF/NF/MT/AE 122.00 122.00 100569 07/07/2005 000418 RIVERSIDE CO CLERK & Notice of Exemption: EA-123 Diaz Rd 64.00 64.00 100570 07/07/2005 000406 RIVERSIDE CO SHERIFFS DEPT 4/28/05 to 5/25/05:1aw enforcement 928,839.97 928.839.97 100571 07/07/2005 007113 RYLE, SHEILA H. leso Instructor Earnings 546.00 546.00 Page:6 apChkLst 07/07/W05 4:34:44PM Flnal Check list CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100572 07/07/2005 000793 SCANTRON FPC CORPORATION scantron forms:lnspection Req:B&S 997.82 997.82 100573 07/07/2005 000645 SMART & FINALINC Mise supplies: Finance 86.32 86.32 100574 07/07/2005 000824 SO CALIF ASSN OF 05/06 Agency membership dues 6.215.00 6,215.00 100575 07/07/2005 000537 SO CAliF EDISON Jun 2-02.502-8077 West Wing Jun 2-20-798-3248 C.Museum Jun 2-10-331.2153 TCC June 2-19.683-3263 various locations Jun 2-00-397-5067 Various Locations Jun 2.22.575.0876 Old Twn Jun 2.18.528.9980 Santiago Rd 2,011.07 1,7S5.73 1.204.61 962.54 902.00 345.78 43.71 7,265.44 100576 07/07/2005 001212 SO CAliF GAS COMPANY Jun 091-085-1632.0 TES Pool 447.50 447.50 100577 07/07/2005 008946 SOMERS, EVELYN M. Refund: Security DepstTCC-Kitchen 150.00 150.00 100578 07/07/2005 000519 SOUTH COUNTY PEST CONTROL Pest control svcs: City Parks Pest control svcs: City Hall Pest control svcs: Sr Center 84.00 56.00 29.00 169.00 100579 07/07/W05 002366 STEAM SUPERIOR CARPET carpet cleaning svcs: City's Fac. carpet cleaning svcs: City Hall/CRC 700.00 650.00 1,350.00 100580 07/07/2005 003840 STRONGS PAINTING Paint Various Locations @ City Hall 2,850.00 2,850.00 100581 07/07/2005 007670 STUDIO 'C. TCSD Instructor Earnings 280.00 280.00 100582 0710712005 006914 TEMECULA COPIERS INC. eRG copier network/fax card TCC copier network/fax card T.Museum copier network/fax card Misc. Fax/Copier Supplies:Ctrl SVC5 2,632.33 2,632.33 781.19 33.67 6,079.52 100583 07/07/W05 000168 TEMECULA FLOWER CORRAL Sun Shine Fund 134.58 134.58 100584 07/07/2005 007433 TOVEY SHULTZ CONSTRUCTION May prgss pmt Comm.Theater Reimb: R.C. Wtr inspection fees 385,553.03 762.80 386.315.83 100585 07/07/2005 004846 UNITED GREEN MARK INC Replace Irrigation controllers: Prks 3.652.70 3.652.70 Page:7 apChkLsI 07107/2005 4:34:44PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CAUFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100586 07/07/2005 004261 VERIZON Jun xxx-5509 general usage Jun xxx-9897 general usage Jun xxx-1999 general usage Jun xxx-Q049 general usage 148.41 90.67 33.27 28.41 300.76 100587 07/07/2005 004279 VERIZON CALIFORNIA INC. Jun access-EON C. Mus.phone line Jun access-EOS eRG.phone line 540.59 412.54 953.13 100588 07/07/2005 004789 VERIZON ONLINE Jun Internet svcslEOC backup @ sin 84 42.94 42.94 100589 07/07/2005 003730 WEST COAST ARBORISTS INC Tree trim svcs:Ouck pond:pala Prk 1.170.00 1,170.00 100590 07/07/2005 000339 WEST PUBLISHING CORP May-June 05 Judicial Updates 129.30 129.30 100591 07/07/2005 000348 ZIGLER, GAIL Reimb supplies:AedhawklEE Picnic 184.56 184.56 100592 07/07/2005 005195 ZOOLOGICAL SOCIETY Smart Excursion 7/13/05 entry fee 735.50 735.50 Grand lotal for UNION BANK OF CAUFORNIA: 1,880,775.61 PageS apChkLst Final Check List Page: 1 07/14/2005 11:47:18AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 530 07/14/2005 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 7,923.29 Child Care Reimbursement Payment 0.00 7.923.29 531 07/14/2005 000444 INSTATAX (EOD) State Disability Ins Payment 20,903.43 20.903.43 532 07/14/2005 000283 INSTATAX (IRS) Federal Income Taxes Payment 81.565.20 81,565.20 533 07/14/2005 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 19,493.74 19,493.74 534 07/14/2005 000246 ~~~~ LEM!L9YEES' PERS ER Paid Member Cantr Payment 100,495.77 100,495.77 535 07/14/2005 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 5,507.38 5,507.38 _ _ --- _ _ _ ...- - ---.--- ---.- 536 07/14/2005 000245 PERS - HEALTH INSUR PREMIUM PERS Health Admin Cost Payment 63,586.09 Blue Shield HMO Payment 0.00 63,586.09 100593 07/07/2005 007618 HOT AUGUST NIGHT Performer: Summer Concert 7/7/05 1,200.00 1.200.00 100594 07/14/2005 004594 2 HOT ACTIVEWEAR T-Shirts for '05 July 4th Event 1,136.76 1.136.76 100595 07/14/2005 003552 AFLAC AFLAC Cancer Payment 1,941.90 1.941.90 100596 07/14/2005 001700 A PLUS TEACHING MATERIALS CRC - Teen Program Supplies 158.70 Misc Tiny Tots Supplies 59.30 218.00 100597 07/14/2005 004973 ABACHERLI. L1NDI TCSD instructor earnings 720.00 720.00 100598 07/14/2005 003802 ADOLPH KIEFER & ASSOCIATES Aquatic equip:DurafasVKickboards 685.86 685.86 100599 07/14/2005 001916 ALBERT A WEBB ASSOCIATES Financial svcs: RDA Old Analysis 1.500.00 1,500.00 100600 07/14/2005 006915 ALLIE'S PARTY EQUIPMENT Party rental equip:Redhawk Annex. 1,649.75 Party rental equip:July 4th Parade 610.27 2,260.02 100601 07/14/2005 002877 ALTA LOMA CHARTER LINES Day camp excursion bus:Movie Exp. 401.00 401.00 100602 07/14/2005 000110 AMERICAN BUSINESS SYSTEM 2 Stn letter folder mach.w/auto seal 7.500.00 7,500.00 100603 07/14/2005 008732 ANSWER BAND INC. THE 7/14 Performers: Concert Series 900.00 900.00 Page:1 apChkLst Final Check List Page: 2 07/14/2005 11 :47:18AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100604 07/1412005 000101 APPLE ONE INC Temp help PPE 6/25 GKlWM 1.123.20 Temp help PPE 6/25 DAlCG 519.75 Temp help PPE 6/11 Sharp 57.38 1,700.33 100605 07/14/2005 004599 AQUARIUM OF THE PACIFIC Jun 30 Day camp excursion 940.10 940.10 100606 07/1412005 008987 ARAIZA, BARBARA Refund: Level 6 Swim Lessons 32.50 Refund: Levell Swim Lessons 32.50 65.00 100607 07/14/2005 008996 ARMSTRONG, TONI Refund: Sci Adv Camp- TCC 27.00 27.00 100608 07/14/2005 001323 ARROWHEAD WATER INC Bottled wtr svcs @ SMART prgm 349.38 Bottled wtr svcs @ Skate Park 17.02 366.40 100609 07/14/2005 003376 ARTS COUNCIL. THE FY 04105 Comm Grant Agreement 10,000.00 10.000.00 100610 07/1412005 008985 BAKER, MELINDA Refund: CPR/First Aid Combo Class 25.00 25.00 100611 07/1412005 008995 BALAKRISHNAN, PRIY A Refund: Toddler Swim Lessons 40.00 40.00 100612 07/14/2005 008868 BANK OF SACRAMENTO Rei retention:Jefferson Rehab:RJ Noble 60,214.25 60.214.25 100613 07/14/2005 002381 BEAUOOIN, LINDA Retirement Medical Payment 598.10 598.10 100614 07114/2005 008983 BERNAD, EDWARD Refund: Ovrpmt on Citation 15509 7750 7750 100615 07/14/2005 004778 BERRYMAN & HENIGAR INC Apr-May Design:R. Calif Rd Widening 13,415.93 13,415.93 100616 07/1412005 004040 BIG FOOT GRAPHICS TCSP instructor eamings 504.00 504.00 100617 07/1412005 008564 BIG JOHN D'S BARBEQUE Refund: July 4th vendor fees 150.00 150.00 100618 07/14/2005 008994 BRALEY, JOYCE Refund: Toddler Swim Lessons 40.00 40.00 100619 07/14/2005 004462 COW GOVERNMENT INC Network Web Camera:Library 754.23 Network Web Camera:Library 377.11 1,131.34 100620 07/14/2005 003138 CAL MAT PW patch truck materials 1.585.59 1,585.59 100621 07/14/2005 004451 CALIF AUTOMATIC FIRE ALARM Regist:A1arm Tstgflnspect:8116:LL 179.00 179.00 Page2 apChkLst 07/14/2005 11:47:18AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100622 07/14/2005 005384 CALIF BAGEL BAKERY & DELI Refreshments:Council Closed Session 187.02 187.02 100623 07/14/2005 008613 CALIF BANK & TRUST Rei Retention Esrw 2160Q75819Wolf Crk 98,083.00 98.083.00 100624 07/14/2005 000152 CALIF PARKS & RECREATION Membership: K.Harrington 024449 125.00 125.00 100625 07/14/2005 002520 CALIF T'S SCREENPRINTING City 1.0. Uniform Shirts: PW mole crew 204.72 204.72 100626 07/14/2005 004228 CAMERON WELDING SUPPLY Helium tanks refill:TGSD 29.40 29.40 100627 07/14/2005 004006 CARROLL, JOSEPH Councilmember Edwards Portrait 118.47 118.47 100628 07/14/2005 002358 CERTIFIED FOLDER DISPLAY Shipping: mktg rack refill brochures 20.76 20.76 100629 07/14/2005 000137 CHEVRON USA INC City vehicles fuel: Police City vehicles fuel:CMlPollce 639.86 273.86 913.72 100630 07/14/2005 008992 CHURCH OF JESUS CHRIST Refund: Picnic Shelter: Reagan Spt Prk 150.00 150.00 100631 07/14/2Q05 005417 CINTAS FIRST AID & SAFETY First aid supplies: PW mote First aid supplies: CRG First aid supplies:City Hall 155.52 80.09 59.73 295.34 100632 07/14/2Q05 008982 COMMON CENTS FINANCIAL Refund:Security Depst:TCC 150.00 150.00 100633 07/14/2Q05 008594 COMMUNITY BANK ReVEscrow 280000256: Win.Widening 18,713.30 18,713.30 100634 07/14/2Q05 004405 COMMUNITY HEALTH CHARITIES Commun~y Health Charities Payment 127.00 127.00 100635 07/14/2005 001923 CONVERSE CONSULTANTS Mar-AprGeotech Svc:Jefferson Rehab 1.694.00 1,694.00 100636 07/14/2005 006954 CRAFTSMEN PLUMBING & HVAC Install new counter top @ CRC Plumbing Srvcs:Skate Park Plumbing repairs: C. Museum 4,530.00 700.00 130.00 5.360.00 100637 07/14/2005 005324 CROSSROADS CHURCH Refund: Picnic Shelter-Reagan Prk 150.00 150.00 100638 07/14/2005 008758 CROSSROADS SOFTWARE INC Traffic Collision Database Upgrade 1.900.00 1.900.00 Page3 apChkLst 07/14/2005 11:47:18AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100639 07/14/2005 006484 DEREK, DAVIS 8/11 Performers: Concert Series 800.00 800.00 100640 07/14/2005 007785 DEYO. BRYAN Reimb:FDIC West Cf:6/5-7:LA 176.25 176.25 100641 07/14/2005 003945 DIAMOND ENVIRONMENTAL Stolen portable restrooms:VaiVBtlrfld 1.250.00 1.250.00 100642 07/14/2005 008990 DODS. AMY Refund: Middle School Dances 6.00 6.00 100643 07/14/2005 008991 DORAN, HARRIET Refund: Picnic Shelter:Reagan Spt Prk 40.00 40.00 100644 07/14/2005 008230 DOUGLAS E BARNHART INC May Prgss Pmt:W~ Crk Sprts Cmplx 882,747.00 882.747.00 100645 07/14/2005 004192 DOWNS COMMERCIAL FUELING City vehicles fuel:TCSD City vehicles fuel: PW mntc City vehicles fuel: Bldg & Safety City vehicles fuel: Planning/Police City vehicles fuel:land/CIP City vehicles fuel: Traffic Division City vehicles fuel: CIP 1.188.74 951.18 555.83 382.37 353.51 230.27 189.58 3,851.48 100646 07/14/2005 008971 DREW DAVIS BAND LLC 7/16 Pertormers: Summer Nights 1,250.00 1,250.00 100647 07/14/2005 008988 DUALAN, LISA Refund: Miss Sue's Tap & Jazz 73.00 73.00 100648 07/14/2005 001669 DUNN EDWARDS CORPORATION Supplies for graffiti removal Supplies for graffiti removal 42.54 30.63 73.17 100649 07/14/2005 002438 ENGEN CORPORATION May Compaction test Winchester Rd 695.00 695.00 100650 07/14/2005 008999 ETMANS, RITA Refund: SMART excursions 81.00 81.00 100651 07/14/2005 006487 EUROPEAN CAFE & VINEYARD Refreshments:Dutch Sister Cities 323.25 323.25 Page:4 apChkLst Final Check List Page: 5 07/1412005 11:47:18AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100652 07/14/2005 001056 EXCEL LANDSCAPE Jun Idscp impr: R.Reagan Prk 4,470.00 Jun Idscp impr: Para Prk 3,475.00 Jun Idscp impr: Slope 2,400.00 Jun Idscp impr: City Hall 408.00 Jun Idscp impr: Old Town 360.00 Jun Idscp impr: R.Calif Median 288.00 Jun Idscp impr. C. Museum 276.00 Jun Idscp impr. Slopes 250.00 Jun Idscp impr: Pechanga Median 203.00 Jun Idscp impr: Sr. Center 144.00 Jun Idscp impr: Sports Park 116.25 Jun Idscp impr: Tee 107.95 Jun Idscp impr. Rancho Vista 75.00 Jun Idscp impr: R.Reagan Prk 7,890.00 Jun Idscp mntc:City Facilities 6.886.00 27,349.20 100653 07/14/2005 009007 FAMILY FUN 1 yr subscription for Camm Svcs 11.95 11.95 100654 07114/2005 008997 FARRIAS, ROSALIE Refund: Sel Adv Camp- Tee 81.00 81.00 100655 07/14/2005 000478 FAST SIGNS Redhawk Annexation Signs 56.41 3. Vehicle Tailgate 10 Numbers 30.51 86.92 100656 07114/2005 000165 FEDERALEXPRESSINC Express mail services 191.76 191.76 100657 07114/2005 002832 FENCE BUILDERS Res impr prgm: Legg, Merrell & Carol 600.00 600.00 100658 07/14/2005 003281 FOREMOST PROMOTIONS Lifesavers-Dial 911 :Police 100.76 100.76 100659 07/14/2005 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00 100660 07/14/2005 003946 G T ENTERTAINMENT M C Svcs:4th of July event 150.00 150.00 PageS apChkLst Final Check List Page: 6 07/14/2005 11:47:18AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100661 07/14/2005 000177 GLENNIES OFFICE PRODUCTS SuppliesIT oner Cartridges: Info Sys 1.586.26 Office Supplies/chairs:Planning 1,100.03 Office Supplies: CM/Eco Devel 1,088.46 Office Supplies: Info SyslGIS 1,087.05 Office supplies:CI P Division 1,034.65 Office Supplies: City Clerk 741.74 Office Supplies:Fire Stn/Prev. 668.36 Office Supplies: CRC/Sports Prgm 446.39 Office Supplies: Finance 273.20 Office Supplies: Records Mgmt 149.05 Office Supplies: Build & Safety 147.57 Office Supplies: GIrl SVcs 52.35 Office supplies:RDAlLow-Mod 27.22 8.402.33 100662 07/14/2005 004019 GOLDEN STATE FENCE drill fence holes @ Harveston restrooms 2,150.00 2,150.00 100663 07/14/2005 008361 GRAPE STOMPERS SO DANCE TCSD instructor earnings 184.45 TCSD instructor earnings 126.00 310.45 100664 07/14/2005 006916 GREYSTONE HOMES Refund:Ovrpmt of Permit Fees 656.00 656.00 100665 07/14/2005 002174 GROUP 1 PRODUCTIONS Update City's Tourism CD:Eco Devel 5,150.00 5,150.00 100666 07/14/2005 006469 HAGEL. BOB Reimb:CA Disaster Resist Cf:5116-17 20.92 20.92 100667 07/14/2005 000186 HANKS HARDWARE INC Hardware supplies:PW Str Mntc 694.95 Hardware supplies:AquaticlB&S 488.80 Hardware supplies: Parks 474.31 Hardware supplies:City Hall/Slopes 348.25 Hardware supplies:Fire StnlMedic 335.57 Hardware supplies:lnfo System 173.31 Hardware supplies: Aquatics 112.09 Hardware supplies:AquaticlC.Museum 63.19 Exhibit/mntc suppfies:T.& C.Museum 47.42 Hardware supplies:CRC/Aquatics 37.61 Hardware supplies:TCC 33.92 Hardware supplies: Sr. Center 16.41 2.825.83 100668 07/14/2005 002372 HARMON. JUOY TCSD instructor earnings 476.35 476.35 100669 07/14/2005 001135 HEAL THPOINTE MEDICAL May Pre-employment Physicals 150.00 May Pre-employment Physicals 100.00 May Pre-employment Physicals 25.00 275.00 100670 07/14/2005 002906 HEMET FENCE COMPANY Res impr prgm: Andes, Ray 3.148.00 3,148.00 Page:6 apChkLst 07/1412005 11 :47:18AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100671 07/14/2005 009001 HENDERSON, BARBARA Refund: Sr. Excursions- County Fair 10.00 10.00 100672 07/14/2005 002107 HIGHMARK INC Voluntary Supp life Insurance Payment 630.70 630.70 100673 07/1412005 007792 HINTON, BEVERLY L. TCSD instructor earnings 212.10 212.10 100674 07/14/2005 005748 HODSON, CHERYL A. Support Payment 23.67 23.67 100675 07/14/2005 008356 HORIZON MECHANICAL OF CALIF Install new pool equip: TES 1.918.93 1.918.93 100676 07/14/2005 009003 HROCH, KATHY Refund: Complete Tennis Camp for Kids 150.00 150.00 100677 07/1412005 008998 HUBBARD, KATHLEEN Refund: Sci Adv Camp- TCC 27.00 27.00 100678 07/14/2005 008986 HUTCHINSON, ANA Refund: CPR class w/materials 35.00 35.00 100679 07/14/2005 000194 I C M A RETIREMENT.PLAN I C M A Retirement Trust 457 Payment 9,117.27 9,117.27 100680 07/14/2005 008798 INT'L FEDERATION FOR Membership:Thomhill, G. 308097 90.00 90.00 100681 07/1412005 006113 INTL ASSN OF FIRE CHIEF5-IAFC Membership: HWindsor 61519 245.00 245.00 100682 07/14/2005 003296 INTL CODE COUNCIL Books: '01 Bldg Codef01 Fire Code 100683 07/14/2005 001186 IRWIN, JOHN TCSD instructor earnings TCSD instructor eamings 100684 07/14/2005 008516 JAMIN ENTERTAINMENT July 4th Party jump rentals 100685 07/14/2005 007671 JONES. MARYL YN TCSD instructor earnings 100686 07/14/2005 008746 JUVE, KRISTIN Refund: Level 1 Swim Lessons Refund:Toddler Swim Lessons 100687 07/14/2005 008989 KELLY-FRYE, JAMIE Refund: Middle School Dances 512.35 512.35 739.20 126.00 865.20 1,300.00 1,300.00 490.00 490.00 42.50 42.50 85.00 6.00 6.00 100688 07/14/2005 001091 KEYSER MARSTON ASSOCIATES Jun Affordable Housing Svcs Jun Real Estate Econ Svcs 2,423.75 1.276.25 3.700.00 Page:7 apChkLst Final Check List Page: 8 0711412005 11:47:18AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100689 07/14/2005 001282 KNORR SYSTEMS INC CRC energy-saver pool blanket 7,061.31 Pool Equip: Photometer test kit 902.63 Misc pool supplies/equip 741.66 Pool equip: Surge Supressor 307.46 9,013.06 100650 07/14/2005 009004 KUPP, SUSAN Refund: Welk Theater Presents 42nd Str 100.00 100.00 100691 07/14/2005 004062 KUSTOM SIGNALS INC Prolaser III w/Battery & Charger 7.997.73 7,997.73 100692 07/14/2005 008822 L A GAlAXY 7/6 SMART Excursion 430.00 430.00 100693 07/14/2005 004051 LOR GEOTECHNICAL GROUP Jun geotech svcs:Wlf Vly Crk Stonn Drain 2.242.50 Jun geotech svcs:Pechanga Stann Drain 915.00 3,157.50 100694 07/14/2005 001719 L P A INC May-Ubrary donor related issues 3,695.00 3,695.00 100695 07/14/2005 000945 L P S COMPUTER SERVICE Printer mntc & repairs:lnfo System 2,694.58 2,694.58 100696 07/14/2005 008680 LA-Z-BQY 5 Rocker Recliners for Fire Stn 84 2,343.57 2,343.57 100697 07/14/2005 008700 LAKE MANAGEMENT INC Jun wtr quality mntc:Harveston lake prk 4,000.00 4.000.00 100698 07/14/2005 009000 LANG, SILVIA Refund: TVM Summer Explorers prgm 45.00 45.00 100699 07/14/2005 004412 LEANDER, KERRY D. TCSD instructor earnings 2,338.00 2,338.00 100700 07/14/2005 003286 LIBRARY SYSTEMS & SERVICES Jun svcs-Iibrary system agnnnt 9.518.73 Jun svcs-library system agnnnt 1,432.38 10,951.11 100701 07/14/2005 003726 LIFE ASSIST INC Paramedic medical supplies 91.16 91.16 100702 07/14/2005 008756 MADRIGAL. ANTONIO Perfonnance:Harveston Lake 7/20/05 700.00 700.00 100703 07/14/2005 001967 MANPOWER TEMPORARY lemp help PPE 06126 JD/JG/JHlDH 4,826.66 4,826.66 100704 07/14/2005 000217 MARGARITA OFFICIALS ASSN Jun Sports Program Officiating Services 1,550.00 1,550.00 100705 07/14/2005 002693 MATROS, ANDREA TCSD Instructor Earnings 42.00 42.00 Page:8 apChkLst 07/14/2005 11 :47:18AM (Continued) Bank: union UNION BANK OF CAUFORNIA Check # Date Vendor 100706 07/14/2005 006571 MELODY'S AO WORKS Final Check List CITY OF TEMECULA Page: 9 Description Amount Paid Check Total reimb expenses: Street Painting Festival 225.01 225.01 100707 07/14/2005 003076 MET LIFE INSURANCE COMPANY MetUfe Dental Insurance Payment 100708 07/14/2005 004894 MICHAEL BRANDMAN 8,469.08 8,469.06 4/30.5127/05 svcs: Pechanga Pkv.;y Phil 645.00 645.00 100709 07/14/2005 008976 MILGARD MANUFACTURING, INC Refund: audio tapes Planning Commission 100710 07/14/2005 001364 MINUTEMAN PRESS 100711 07/14/2005 000663 MONTELEONE EXCAVATING 30.00 30.00 business cards: C. Washington 115.55 115.55 Duck Pond Cleaning Emergency repairs to Low Flow Crossing credit:Ouck Pond Cleaning 5.306.00 3,901.00 -5,306.00 3,901.00 100712 07/14/2005 008970 MONTEREY ARTISTS INC Performance:Hot 8mr Nights 7/16/05 1.250.00 1,250.00 100713 07/14/2005 001214 MORNINGSTAR PRODUCTIONS, StagingiLightingiSound:Hot Smr Nights 4.211.00 4.211.00 100714 07/14/2005 007011 MORRIS MEYERS MAINTENANCE Jun maint svcs:park r.r.lpicnic shellers 100715 07/14/2005 006973 MOUNSEY, E. 100716 07/14/2005 002925 NAPA AUTO PARTS 100717 07/14/2005 004933 NATIONAL FIRE SPRINKLER 100718 07/14/2005 004933 NATIONAL FIRE SPRINKLER 100719 07/14/2005 007212 NATIONALlNSTITUTE OF 100720 07/14/2005 005606 NEUMAN, JASON 100721 07/14/2005 005959 NEW COVENANT FELLOWSHIP 5,535.25 5,535.25 Refund:Musical Theater Production 222.56 222.56 vehicle mainl parts/supplies: Paramedics vehicle maint parts/supplies: Paramedics vehicle parts/supplies: Paramedics vehicle parts/supplies: Fire Sin 84 120.64 65.76 25.49 13.77 245.86 Plan Review/Inspect Sem:Larson 816-9/05 Fire Pumps Sem:L.Larson 09113/05 Sprinkler-Rack Storage Sem:Larson 9/15 Underground Piping Sem:Larson 8/11 Hydraulics Sem:L.Larson 08/10/05 149.00 99.00 99.00 99.00 99.00 545.00 Fire Sys Hydraulics Sem:Neuman 8/10 99.00 99.00 .Personal Report- 1 yr subscr:C.Mgr. 59.95 59.95 Reimb:educ. publications/Fire Prev 74.19 74.19 Refund:Sec. DepositlPicnic-Harveston Refund:Sec. DepositlPicnic-Harveston 150.00 60.00 210.00 page:9 apChkL.st Final Check List Page: 10 07114/2005 11:47:18AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100722 07/14/2005 001599 NORTH COUNTY BASKETBALL AssignmenVForfeit Fees:Sports Prgm 129.00 129.00 100723 07/14/2005 002139 NORTH COUNTY TIMES Jun public notice ads:PIn/City ClerklPW 1,696.86 Jun SMART Prgm/4th of July display ads 593.44 Jun recruitment ads: PWfTCSD/Pln 538.88 2.829.16 100724 07/14/2005 006140 NORTH JEFFERSON BUSINESS Juf-Sep bus.prk assn dues:F.V.l115 xx20 447.00 447.00 100725 07/14/2005 003964 OFFICE DEPOT BUSINESS SVS Office supplies for Police Dept 473.26 Office supplies for Planning Dept 202.55 675.61 100726 07/14/2005 006721 OFFICEMAX - A BOISE COMPANY 8.5 x 11 copy paper supplies for City 2,426.01 fite cabinets for Maint Fae 1.670.13 Mise office supplies:Finance 142.69 City HalVCopy Center Paper Supplies 132.00 Mise office supplies:Finance 107.14 Mise office supplies:Finance 93.55 Mise office supplies:Finance 53.46 Mise office supplies:Finance 51.79 4,679.57 100727 07/14/2005 002666 OMEGA LAKE SERVICES Jun Duck Pond water maint. svcs 1,203.60 1.203.60 100728 07/14/2005 001171 ORIENTAL TRADING COMPANY Summer Day Camp Supplies 297.24 297.24 100729 07/14/2005 004074 PARTY CITY OF TEMECULA INC 4th of July Supplies for TCSD 426.26 428.26 100730 07/14/2005 003216 PELA Jun plan check svcs: Planning Dept 9,044.00 Apr Idscp plan ck: R. C. Rd Widening 360.00 9,404.00 100731 07/14/2005 006979 PENNER, EVA Refund: Parent N Me Swim lessons 50.00 50.00 100732 07/14/2005 001958 PERS LONG TERM CARE PERS long Tenn Care Payment 266.55 266.55 -- - - -... 100733 07/14/2005 000249 PETIY CASH Petty Cash Reimbursement 271.50 Petty Cash Reimbursement 211.72 463.22 100734 07/14/2005 000560 PHOTO WORKS OF TEMECULA Jun photo devlfilm suppUes:T. MuslPW 25.55 25.55 100735 07/14/2005 009002 PICKLES & GIGGLES Refund: 4th of July Parade 50.00 50.00 100736 07/14/2005 002354 POSITIVE PROMOTIONS Surf the Internet Bookmarkers: Police 263.17 Sales Tax -20.37 262.60 Page:10 apChkLsl 07/14/2005 11:47:18AM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100737 07/14/2005 005820 PRE-PAID LEGAL SERVICES INC PrePaid Legal Services Payment 359.75 359.75 100738 07/14/2005 000254 PRESS ENTERPRISE COMPANY Jun ad for Old Town Temecula 1,496.00 1,496.00 100739 07/14/2005 004457 R J NOBLE COMPANY May prgs pmt# 2: Jefferson Ave PW02.26 5% contract ret. adj:Jefferson Ave 705,594.46 18.185.13 723.779.59 100740 07/14/2005 000262 RANCHO CALIF WATER DISTRICT Various Water Meters Various Water Meters Jun 01-06-84353-0 Gateway Ldscp Various Water Meters 6,424.39 518.54 92.14 66.42 30.14 13.13 7.144.76 Jun 01-06-84650-2 Gateway Ldscp Jun 01-06-65006-0 Community Theater 100741 07/14/2005 005587 RANCHO ELEMENTARY SCHOOL Refund: Sec. Deposit CRC 6/9105 150.00 150.00 100742 07/14/2005 005849 REAOY SET GROW PRESCHOOL Refund:Sec. Depostt Amphttheater 135.00 135.00 100743 07/14/2005 006483 RICHARDS, TYREOSHA I. TCSD Instructor Eamings TCSD Instructor Earnings TCSD Instructor Earnings 504.00 122.50 24.50 651.00 100744 07/14/2005 000418 RIVERSIDE CO CLERK & 5 Term/Regulatory Agrrnnt recording fees 55.00 55.00 100745 07/14/2005 000418 RIVERSIOE CO CLERK & Term/Regulatory Agnnnt record fee:Lovell 11.00 11.00 100746 07/1412005 000268 RIVERSIOE CO HABITAT Apr-Jun 2005 K-Ral payment 11,182.50 11,182.50 100747 07/14/2005 000955 RIVERSIDE CO SHERIFF SW STN Street Painting Festival patrol svcs 722.13 722.13 100748 07/14/2005 000357 RIVERSIOE CO Add'l deposit:Maint Fae Expansion pM>306 459.00 459.00 100749 07/14/2005 002181 RIVERSIDE CONSTRUCTION May prgs pmt#6: Winchester Widen 00-27 168,419.67 168,419.67 100750 07/14/2005 003587 RIZZO CONSTRUCTION INC TES pool equipment room repairs Repair elee problem in Planning base covers/O.T. Fron1 Street light 17,348.00 2,150.00 250.00 19,748.00 100751 07/14/2005 008974 ROCHEFORD. LISA Refund: Tap/BalleVJazz 175.00 175.00 100752 07/14/2005 008769 ROOTEN, L1ESELOTTE Refund: Excursions. San Diego Co. Fair 10.00 10.00 Page:ll apChkLst 07/14/2005 11:47:18AM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100753 07/14/2005 008739 ROSE CITY LABEL 3000 Temecula Jr. Police Officer badges 119.67 119.67 100754 07/14/2005 006365 RUBIN. STEVEN P. TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings 784.00 52.50 35.00 871.50 100755 07/14/2005 008723 RUBIO, ANGELICA Refund: Advanced Chorus 156.00 156.00 100756 07/14/2005 0002n S & S ARTS & CRAFTS INC Parent & Me Program Supplies 206.83 206.83 100757 07/14/2005 004598 S T K ARCHITECTURE INC May dsgn: Roripaugh Fire Stn PW03-01 1.651.65 1,651.65 100758 07/14/2005 007582 SAFEGUARD OENTAL & VISION SafeGuard Vision Plan Payment SafeGuard Vision Plan Payment 990.74 0.00 900.74 100759 07/14/2005 008693 SALAZAR. DONALD (SWD 000053) Support Payment 283.50 283.50 100760 07/14/2005 008932 SALAZAR, FELIPE V. Refund: Sec. Deposit TCC 400.00 400.00 100761 07/14/2005 005227 SAN DIEGO COUNTY OF Support Payment Case # DF099118 25.00 25.00 100762 07/14/2005 001500 SAN DIEGO REGIONAL TRAIN Supervisor's Acad.:GF/HO FeblMar '05 Supervisor's Acad.:EP Feb/Mar '05 Supervisor's Acad.:TC FeblMar '05 Eff. Presentations:CD/DW 5110105 1.150.00 575.00 575.00 270.00 2,570.00 100763 07/14/2005 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50 100764 07/14/2005 002864 SEA WORLD OF CALIFORNIA S.M.AR.T. Excursion 7/20/05 1,513.75 1,513.75 100765 07/14/2005 007932 SEDA. TIFFANY Refund: Levell Swim Lessons 40.00 40.00 100766 07114/2005 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005022657 103.47 103.47 100767 07/14/2005 004814 SIMON WONG ENGINEERING INC May dsgn svcs: Main St. Bridge PW03.05 13,194.47 13,194.47 100768 07/14/2005 000645 SMART & FINAL INC Children's Museum Supplies Event Supplies - 4th of July High Hopes Program Supplies CRC recreation supplies special event supplies for TCC 454.68 377.63 319.26 228.44 196.09 1.576.10 Page:12 apChkLst 01114/2005 11:47:18AM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100769 07/14/2005 000537 SO CALIF EDISON JuI2-02.351-5281 CRC Jun 2-05-791-8807 various mtrs JuI2-02-351-4813 Harveston Dr JuI2-06-1Q5-0654 various mtrs JuI2-10-331-1353 Fire Stn 84 JuI2-27-303-5568 Rancho Calif. 7,372.16 4.238.37 3.738.49 1,693.66 1.268.01 10.89 18,321.58 100770 07/14/2005 002361 SO CALIF FPOS Combustible Storage:L. Larson 7/20/05 35.00 35.00 100771 07/14/2005 005244 SOCIETY FOR HUMAN Membership: Beth Gutierrez 00551614 160.00 160.00 100772 07/14/2005 005244 SOCIETY FOR HUMAN Membership: Denise Lanier 145.00 145.00 toons 07/14/2005 004163 SPORTS CHALET 18 dz softballs:TCSD Softball Leagues 691.44 691.44 100774 07/14/2005 005578 STAMEY, DAVID W. Perlonnance: Hot Smr Nights 07/16105 750.00 750.00 loons 07/14/2005 007762 STANDARD OF OREGON Mandatory Ufe Insurance Payment 2,598.75 2,598.75 100776 07/14/2005 007696 SWANK MOTIONS PICTURES, .Shark TaleM rental:MovieslPark 7/8105 271.00 271.00 100777 07/14/2005 000305 TARGET BANK BUS CARD SRVCS recreation supplies SMART Prgm recreation supplies SMART Prgm High Hopes Supplies Event Supplies. 4th of July Summer Day Camp supplies 464.53 385.04 230.84 166.87 131.01 1.378.29 100778 07/14/2005 009006 TAVAREZ, FILlBERTO S. Refund: Admin Cnation # 2090 100.00 100.00 100779 07/14/2005 001547 TEAMSTERS LOCAl 911 Union Dues Payment 4,075.00 4.075.00 100780 07/14/2005 004876 TEMECULA COMMUNITY Refund: Sec. Deposil MPSC 150.00 150.00 100781 07/14/2005 006914 TEMECULA COPIERS INC. May copier usage chrgs:City Facilities 4.724.32 4,724.32 100782 07/14/2005 001035 TEMECULA ENVIRONMENTAL Jan-Jun '05 trash hauling services 1,802.049.48 1,802,049.48 100783 07/14/2005 008978 TIME MACHINE USA, THE Refund:Sec. Deposit CRG 150.00 150.00 Page:13 apChkLst Final Check List Page: 14 07/14/2005 11 :47:18AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 100784 07/14/2005 005937 TOMCZAK. MARIA T. TCSD Instructor Earnings 133.00 TCSD Instructor Earnings 42.00 175.00 100785 07/14/2005 009005 TOWELL. MARY Refund: Creative Movement 50.00 50.00 100786 07114/2005 006192 TRISTAFF GROUP temp help w/e 06/19 AmezcualTidwell 1.335.10 temp help w/e 05115 AmezcualTidwell 1.289.93 temp help w/e 06112 AmezcuaITidweJl 1,106.95 temp help w/e 06105 AmezcuaITidwell 1,063.40 temp help w/e 05129 AmezcualTidwell 761.65 temp help w/e 05122 Tidwell 732.55 credit: temp help w/e 05115 Amezcua -124.80 6,164.78 100787 07/14/2005 000459 TUMBLE JUNGLE FITNESS GYM TCSD Instructor Earnings 462.00 TCSD Instructor Earnings 371.00 TCSD Instructor Earnings 222.60 TCSD Instructor Earnings 148.40 1,204.00 100788 07/14/2005 002702 US POSTAL SERVICE Postage meter deposit 5,145.86 5,145.86 100789 07/14/2005 002065 UNISOURCE Misc. Copier Paper Supplies 2,457.84 2.457.84 100790 07/14/2005 004981 UNISOURCE SCREENING & 6116.30/05 bckgrnd screening svcs 96.00 96.00 100791 07/14/2005 000325 UNITED WAY United Way Charities Payment 228.65 228.65 100792 07/14/2005 004819 UNUM LIFE INS. CO. OF AMERICA LongTenn Disability Payment 7.343.88 7,343.88 100793 07/14/2005 008977 V ALLEY EVENTS Refund: Picnic. Harveston Community 150.00 150.00 100794 07/14/2005 003665 V ARTEC SOLUTIONS INC Jun long distance phone svcs 4.11 4.11 100795 07/14/2005 008993 VEGA, MICHELLE Refund: Amazing Chefs 20.00 20.00 100796 07/14/2005 004261 VERIZON Jun xxx.I540 Old Town Parking Lot 90.67 Jul xxx-1941 PT A CD TT ACSD 58.55 Jul xxx.3851 general usage 40.17 Jun xxx.6620 general usage 27.41 216.80 100797 07/14/2005 007987 W ALMART binoculars for Fire Inspector vehicles 387.60 387.60 100798 07/14/2005 008975 WEISMANN, ROSEANN Refund: Teen Summer Day Camp 180.00 180.00 Page:14 apChkLsI 07/14/2005 11:47:18AM Final Check List CITY OF TEMECULA Page: 15 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 2.958.98 -185.88 2,773.10 489,071.22 489.071.22 1.000.00 1.000.00 175.00 175.00 195.00 195.00 32.00 32.00 900.00 900.00 136.31 136.31 100799 07/14/2005 008832 WESTERN RESERVE Child Car Seats/Boosters: Tern. Police Sales Tax 100800 07/14/2005 000621 WESTERN RIVERSIDE COUNCIL Jun 2005 TUMF pmt 100801 07/14/2005 008316 WESTSIDE SELF STORAGE Jul offsite records storage: Rcrds Mgmt 100802 07/14/2005 008980 WilLIS, KRISTINE Refund: Summer Day Camp 100803 07/14/2005 008981 WilSON, BRUCE Refund: Teen Summer Day Camp 100804 07/14/2005 008984 WINTON, PAIGE Refund: Watercolor Techniques Wrkshp 100805 07/14/2005 008750 YOUNG, GREGG Performance:Concert Series 7/21/05 100806 07/14/2005 000348 ZIGLER. GAil Reimb:Team Pace/Movies in the Park Grand lotal for UNION BANK OF CALIFORNIA: 4,913.053.94 Page:15 ITEM 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 28, 2005 The City Council convened in Closed Session at 6:30 P.M., on Tuesday, June 28, 2005, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. The Open Session convened at 7:00 P.M. Present: 5 Councilmembers: Edwards, Naggar, Roberts, Washington, and Comerchero Absent: o Councilmembers: None PRELUDE MUSIC The prelude music was provided by Sienna Naggar on violin accompanied by Helen Miller. INVOCATION The inyocation was giyen by Pastor Rench of Calvary Chapel. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Mayor Pro Tem Roberts. PRESENT ATIONS/PROCLAMATIONS Certificate of Appreciation to Planninq Commissioner Marv Jane Olhasso Mayor Comerchero presented Mary Jane Olhasso with a certificate of appreciation for her many contributions of both time and talent for serving on the Planning Commission for the past four years; and that thanked her for her dedication and service. In response to Mayor Comerchero's comments, Ms. Olhasso noted that it has been her priyilege to haye served on the Planning Commission for the past four years. Demonstration of the City's T.R.I.P. Report (Traffic Restrictions in Procressl Webpace At the request of Mayor Comerchero, Senior Management Analyst Adams created a traffic report known as T.R.I.P. (Traffic Restrictions in Progress); advising that this report will provide up-to-date information regarding road conditions and/or possible traffic delays due to construction; and that the following will be accessed on the City's webpage: . Low flow channel . Road closures . Restricted lanes Mr. Adams commended the Public Work's staff as well as the City's Webmaster for their efforts with the T.R.I.P. report. . R:IMinutesl062805 Presentation on Temecula Community Demoqraphic Economic Report bv John Husinq, Ph.D. Dr. John Husing provided a detailed report regarding the Demographic Economics, (as written material), highlighting the following: . Demographics . Residential . Employment . Taxable Retail Trade . Industrial Real Estate . Office Real Estate . Office Retail Space . Quality of Life . Inland Empire Market The City Council thanked Dr. Husing for his Demographic Economic Report. For the audience, Mayor Comerchero noted that Item No. 25 will not be about Illegal Immigration. PUBLIC COMMENTS Mr. Jeff Singleton, Temecula resident, expressed concern of the City's curfew for minors and queried the intent of the ordinance. Mr. Otto Baron, Temecula resident, relayed his concern with the Surpreme's Court decision regarding Eminent Domain, and asked the City's stance regarding the decision. Ms. Carol Marsden, Temecula resident, expressed her concern for the homeless in Temecula and asked that the situation be addressed. Echoing Mr. Baron's concern regarding the Supreme Court's decision regarding Eminent Domain, Ms. Nancy Baron requested that the City Council agendize her concern so that the business owners of Old Town could fully understand how it would affect the small property owner. For Ms. Baron, Mayor Comerchero stated that although there has been a change in the Surpreme's Court decision regarding Eminent Domain, the City has rarely used Eminent Domain, and that it would be his opinion that this philosophy would not change. Ms. Nancy Baron thanked Mayor Comerchero for his comments. The following individuals spoke against Illegal Immigration and requested that the City Council take a forward approach in stopping loitering of day laborers at various locations of the City, prior to the problem escalating. . Mr. Bob Kowell . Ms. Treva Bennett . Ms. Robin Hvidston R:IMinutesl062805 2 CITY COUNCIL REPORTS A. Referencing Ms. Marsden concern regarding the homeless in Temecula, Councilman Washington relayed that although one solution to the homeless problem would not suffice, he, as well as his colleagues, would remain committed to finding solutions to the problem. Mr. Washington expressed enthusiasm toward the Redhawk Annexation ceremony to be held on Saturday, July 2, 2005. B. Echoing Ms. Marsden and Councilman Washington's concern regarding the homeless, Councilman Roberts relayed that the problem is not only a Temecula problem but rather a southwest Riverside County problem; and that he would be of the opinion that it is definitely time to seek some resolution. C. Mr. Roberts also reported that the City of Temecula has received over four-million dollars from Indian Gaming local benefit. D. Agreeing with Councilman Washington and Councilman Roberts, Councilwoman Edwards expressed the importance of coordinating efforts with neighboring City's and County's to seek a solution to the ongoing problem of the homeless; that perhaps Code Enforcement and/or Police Officers could help by distributing brochures that would reference resources such as medical care, jobs, and shelter. E. At this time, photos of Danni Elise Durager, granddaughter of City Manager Nelson, were presented by Councilwoman Edwards. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution approvinq List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 05-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\MinutesI062805 3 3 Riverside County Librarv Contract Amendment NO.8 RECOMMENDATION: 3.1 Approve Amendment NO.8 to the agreement to provide Library Services (additional staff); 3.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions for fiscal year 2005-06. 4 Resolution adoptinq FY 2005-2006 Solid Waste Rates RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. 05-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2005-2006 5 Purchase of TCSD Recreation Bus RECOMMENDATION: 5.1 Approve the purchase of a TCSD Recreation Bus for $88,273.57 from Creative Bus Sales, Inc. Explaining his reason for pulling Item No.5, Councilman Washington noted that due to an article in the newspaper regarding the purchase of a TCSD Recreation Bus, it would be appropriate for the Director of Community Services Parker to highlight the proposed usage and need for this bus. For the City Council, Director of Community Services Parker noted the: . Assistance of staff with ongoing recreational programs · Ability to accommodate 20 passengers with two handicap lifts and tie downs for safety · Transportation of seniors to Mary Phillips Senior Center Monday through Friday. · Support to other events such as Holiday Lights and Festive Sights, Sister Cities functions, S.MAR.T. summer day camp, and other city-wide activities. MOTION: Councilman Washington moyed to approve Item NO.5. Councilwoman Edwards seconded the motion and electronic vote reflected unanimous aDDroval. R:\Minutes\06280S 4 Mayor Comerchero thanked the Women's Club for the donation of the previous TCSD Recreation Bus. 6 Arts Council of Temecula Valley Special Events Community Grant Aqreement RECOMMENDATION: 6.1 Approve a Special Events Community Grant Agreement between the City of Temecula and the Arts Council of Temecula Valley in the amount of $22,000. 7 Acceptance of Quitclaim Deeds - Redhawk Parks B, E, and F RECOMMENDATION: 7.1 Authorize to accept and record the Quitclaim Deeds for Redhawk Parks B, E, and F, subject to all title report issues being reviewed and approved by the TCSD and the City Attorney's office. 8 First Amendment to defer Conditions of Approval for Tract No. 29353-2 (Roripauqh Specific Plan) RECOMMENDATION: 8.1 Approve the First Amendment to the agreement to defer Conditions of Approval until after recordation of Final Map for Tract No. 29353-2 (Roripaugh Specific Plan). 9 Preliminarv Plans for Sprino 2006 Car Show RECOMMENDATION: 9.1 Approve preliminary plans for and authorize staff to develop a sponsorship agreement with P&R Foundation for production of a car show to be held on March 10, and 11,2006. 10 Aqreement for Contract Inspection Services for P&D Consultants and Berryman & Henioar, Inc. RECOMMENDATION: 10.1 Approve an agreement for Consultant Services with P&D Consultants in an amount not to exceed $52,000 plus a 10% contingency for Contract Inspection Services; 10.2 Approve an agreement for Consultant Services Berryman & Henigar, Inc. in an amount not to exceed $52,000 plus a 10% contingency for Contract Inspection Services. 11 Second Amendment for Plan Review Services RECOMMENDATION: R:\MinutesI062805 5 11.1 Approve a Second Amendment to Esgil Corporation for Plan Check Services in an additional amount not to exceed $149,130 for Plan Check Services to complete Fiscal Year 2004-05, bringing the total contract amount to $349,130; 11.2 Approve an additional appropriation for $149,130 for plan check services to the Building and Safety Plan Check Account No. 001-162-999-5248 - Consulting Services. 12 Aqreement for State Lobbyist with Wilson Group, LLC RECOMMENDATION: 12.1 Approve a three-year contract for State lobbying services with the Wilson Group, LLC in an annual amount of $42,000. 13 Aqreement for Federal Lobbyist Services with David Turch & Associates RECOMMENDATION: 13.1 Approve a three-year contract for Federal legislative services to be provided by David Turch & Associates in the amount of $40,200. 14 County of Riverside Sheriff Services Contract RECOMMENDATION: 14.1 Authorize approval of the law enforcement contract with the County of Riverside and authorize the Mayor to execute the contract in final form. 15 Third Amendment to City Manaqer's Employment Aqreement RECOMMENDATION: 15.1 Approve the Third Amendment to the Employment Agreement of the City Manager. Explaining why he pulled this item, Mayor Comerchero praised City Manager Nelson for his outstanding job as a City Manager for the past six years noting that part of the success of a City is the strength of its management. MOTION: Mayor Comerchero moyed to approve Item No. 15. Councilwoman Edwards seconded the motion and electronic vote reflected unanimous approval. 16 Purchase and Sale Aqreement for property located in Old Town RECOMMENDATION: 16.1 Adopt a resolution entitled: R:IMinutesl062805 6 RESOLUTION NO. 05-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED AT 41950 MAIN STREET (APN 922-044-004) IN THE CITY OF TEMECULA 16.2 Approve an appropriation from unreserved General Fund balance in an amount not to exceed $240,000 for acquisition, escrow, closing costs, appraisal, testing, and related fees. 17 Authorize Temporarv Street Closure of Old Town Front Street between Moreno Road and Second Street: Main Street from the Bridqe to Old Town Front Street: Second Street: Third Street: Fourth Street: Fifth Street: Sixth Street. and Mercedes Street between Moreno Road and Second Street for the Star Spanqled Fourth of Julv Parade and deleqate authoritv to issue Special Events/Street Closures Permit to the Director of Public Works/Citv Enqineer RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 05-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND SECOND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; SECOND STREET; THIRD STREET; FOURTH STREET; FIFTH STREET; SIXTH STREET, AND MERCEDES STREET BETWEEN MORENO ROAD AND SECOND STREET FOR THE STAR SPANGLED FOURTH OF JULY PARADE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 18 Authorize Temporarv Street Closure of Pauba Road between Maraarita Road and Ynez Road for the July 4th, 2005 Fireworks Show and deleaate authority to issue Special Events/Street Closures Permit to Director of Public Works/City Enqineer RECOMMENDATION: 18.1 Adopt a resolution entitled: R:IMinutesl06280S 7 RESOLUTION NO. 05-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD FOR THE JULY 4TH, 2005, FIREWORKS SHOW AND AUTHORIZING THE DIRECTOR OF PUBIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 19 Approval of the Plans and Specifications and authorization to solicit Construction Bids for Phase I of the Field Operations Center (Maintenance Facility Expansion) Proiect No. PW03-06 RECOMMENDATION: 19.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Phase I of the Field Operations Center/Maintenance Facility Expansion - Project No. PW03-06. 20 Completion and Acceptance of the Diaz Road Realiqnment (Phase Il Traffic Sionals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive Proiect No. PW95-27 RECOMMENDATION: 20.1 Accept the Diaz Road Realignment (Phase I) - Traffic Signals Diaz Road at Rancho Way and Rancho California Road at Business Park Drive - Project No. PW95-27 as complete; 20.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 20.3 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 21 Award a Construction Contract for Fiscal Year 2005-2006 Street Stripino Proqram - Proiect No. PW05-02 RECOMMENDATION: 21.1 Award a construction contract for Fiscal Year 2005-2006 Street Striping Program - Project No. PW05-02 to Pacific Striping, Inc. in the amount of $99,555 and authorize the Mayor to execute the contract; 21.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $9,550 which is equal to 10% of the contract amount. R:IMinutesl062805 8 22 Second Readinq of Ordinance No. 05-09 (Game of Binqo by Charitable Orqanizationsl RECOMMENDATION: 22.1 Adopt an ordinance entitled: ORDINANCE NO. 05-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF MOTION: Councilman Naggar moved to approve Consent Calendar Items Nos. 1-22 with Item Nos. 5 and 15 pulled for separate discussion; (see pages 4 and 5 for Item NO.5 and page 6 for Item No. 15). The motion was seconded by Councilman Roberts and electronic vote reflected approval with the exceDtion of Councilman Naggar who voted no. on Item No. 22. ******************** RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 23 Temecula Education Center: Development Aqreement (PA05-0122l: Zone Chanqe and Development Plan (PA04-0582l; and Tentative Parcel Map (PA05-0070l RECOMMENDATION: 23.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND AGK GROUP, LLC, ESTABLISHING CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA EDUCATION CENTER (PA04-0582 AND PA05-0070) 23.2 Introduce and read by title only an ordinance entitled: R:IMinutesl062805 9 ORDINANCE NO. 05-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY (PDO-10) AND ADOPTING SECTIONS 17.22.210 THROUGH 17.22.218 INCLUDING THE PDO-10 TEXT AND DEVELOPMENT STANDARDS FOR A SITE GENERALLY LOCATED AT THE NORTHWEST CORNER OF DiAl ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR PARCEL MAP NO. 909-370-002 (PA05-0122) 23.3 Adopt a resolution entitled: RESOLUTION NO. 05-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0S82, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF A 170,863 SQUARE FOOT EDUCATION COMPLEX, A 18,792 SQUARE FOOT RESEARCH AND DEVELOPMENT BUILDING WITH A CONFERENCE CENTER, A PAD FOR A 16,000 SQUARE FOOT DAY CARE FACILITY, RETAIL SPACE TOTALING 60,863 SQUARE FEET, A THREE- STORY PARKING STRUCTURE WITH 502 PARKING SPACES, AND 288 APARTMENT UNITS COMPRISING 337,098 SQUARE FEET, FOR A TOTAL OF 603,616 SQUARE FEET ON 40.0 ACRES LOCATED AT THE NORTHWEST CORNER OF DiAl ROAD AND DENDY PARKWAY KNOWN AS ASSESSOR PARCEL NOS. 909-370-002 AND 909-120-019 (PA04-0S82) 23.4 Adopt a resolution entitled: RESOLUTION NO. 05-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 33405 TO SUBDIVIDE TWO LOTS TOTALING 40.0 ACRES INTO 15 PARCELS CONSISTING OF EIGHT COMMERCIAL PARCELS, ONE MIXED-USE PARCEL, ONE MULTI-FAMILY RESIDENTIAL PARCEL, THREE PARCELS FOR PUBLIC RIGHT-OF-WAY FOR STREETS, AND TWO REMAINDER PARCELS, GENERALLY LOCATED AT THE NORTHWEST CORNER OF DiAl ROAD AND DENDY PARKWAY KNOW AS ASSESSOR'S PARCEL NOS. 909-370-002 AND 909-120-019 (PA05-0070) Director of Planning Ubnoske presented the City Council with a staff report (of record), offering the following comments: R:\MinutesI062805 10 · That at the Planning Commission meeting of May 4, 2005, a representative of Milgard Windows raised concerns regarding additional traffic and the compatibility of the residential units; but that Public Works staff determined that with the widening of both Winchester Road and Jefferson Road, as well as the future French Valley Interchange, staff would be of the opinion that traffic will not be an issue. · That the applicant has agreed to provide disclosures to all residents of the apartments, advising them of the industrial use in close proximity. For Councilman Naggar, Director of Planning Ubnoske noted that the City Council action at this time, would be the final action; and that she is of the opinion that all cultural issues have been addressed. At this time, the public hearing was opened. Mr. A.G. Kating, applicant of the proposed project, thanked Joan Sparkman, Chairman of the Board of Mt. San Jacinto College; Dr Peters, of Concordia University; Dr. Dick Eazy, President of Community College; City of Temecula Planning staff; Director of Planning Ubnoske; Principal Planner Hazen; Redevelopment Director Meyer; and Associate Planner Fisk for their efforts in the proposed project. At this time, Mr. Kating offered the following: · That letters of intent from CSU San Marcos, UCR Extension, Mt. San Jacinto College, Concordia University, and pt. Loma Nursing School have all expressed interest in providing classroom opportunities. Mr. Gary Wiggle, provided a PowerPoint presentation of the Master Plan of the Temecula Education Center, highlighting on the following: . 30 x 30 classrooms . 70 x 70 lecture halls . Parking . Security . On-site daycare . Site plan . Open space . Core of the education campus . Outdoor amphitheater . Retail buildings . Flooring . Mixed-use building . Parking structures . Apartment units . Courtyard . Colors and materials of project . Conference/research center . Visitor parking R:IMinutesl062805 11 In response to Council's queries, Mr. Wiggle relayed the following: · That the construction will be scheduled to start in the beginning of 2006 and that phase I would entail the apartment buildings, the center core, and the eastern towers . That the amphitheater would be between 150 to 200 feet across; and that it would also be available for entertainment purposes · That out of the 288 apartment units on site, 50 of the units would be affordable housing. The following individuals spoke in support of the proposed Temecula Education Complex for the following reasons: . Ms. Joan Sparkman . Mr. Dennis Frank . Ms. Pamela Voit . Mr. Roger Ziemer . Mr. Timothy Peters · That Riverside's Educational Center and La Verne College would also be interested in bringing in a law school to Temecula · That the need of a higher education center would be critical to the continued attraction of business and quality of jobs for citizens of Temecula · That the proposed location for the Temecula Educational Center would be critical to the future growth plans of southwest California and would be important from an Economic Development standpoint. At this time, the public hearing was closed. Councilman Naggar expressed his excitement toward the Education Complex stating that it would be his opinion that the proposed project will change the culture and the identity of the City of Temecula and that the economic development possibilities that would be related to this are astronomical. Mr. Naggar also relayed that in the future, he would be willing to support other land use changes in the area; he would desire to see more restaurants and retail in the area to be frequented by the community; and he would also desire some form of transportation that would go to and from the campus from pertinent parts of the City. MOTION: Councilman Nag9ar moved to approve Item No, 23.3 and 23.4. Councilman Washington seconded the motion and electronic vote reflected unanimous approval. Praising all the stake holders, Mr. A.G. Kating and his employees, Councilwoman Edwards expressed her excitement toward the proposed project; noting that she also is of the opinion that a whole new dynamic will be taking shape on the northwest corner of the City and would like to work with the City of Murrieta to install roads to provide better access. Echoing Councilman Naggar and Councilwoman Edwards, Councilman Washington also expressed his excitement and support for the proposed project noting that this project will add to identity of Temecula. Councilman Roberts concurred with Councilman Naggar's comment regarding alternative transportation; noting that he will add a commuter rail system at this site to a current study that RTCT is conducting. R:IMinutesl062805 12 MOTION: Councilman Naggar moved to approve Item No. 23.1. Councilman Washington seconded the motion and voice vote reflected unanimous approval. MOTION: Councilman Naggar moved to approve Item No. 23.2. Councilman Washington seconded the motion and voice vote reflected unanimous approval. 24 Adoption of Ordinance amendinq Chapter 8.28 of the Temecula Municipal Code: Urqency and Reqular Ordinances: Urqency Fee Resolution RECOMMENDATION: 24.1 Adopt an Urgency Ordinance entitled: ORDINANCE NO, 05-12 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT CONCERNING STORMWATER RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF URBAN RUNOFF; INSPECTIONS OF SOURCES OF DISCHARGES; ENFORCEMENT OF WATER QUALITY AND DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY OF TEMECULA, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE 24.2 Adopt an Urgency Resolution entitled: RESOLUTION NO. 05-71 AN URGENCY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING FEES FOR SERVICES ARISING UNDER ARTICLE VII OF CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE 24.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 05-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.28 OF THE TEMECULA MUNICIPAL CODE WHICH IMPOSES THE REQUIREMENTS OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT CONCERNING STORMWATER RUNOFF QUALITY; POLLUTION DISCHARGES; CONTROL OF URBAN RUNOFF; INSPECTIONS OF SOURCES OF R:IMinulesl062805 13 DISCHARGES; ENFORCEMENT OF WATER QUALITY AND DISCHARGE REGULATIONS AND PERMITS WITHIN THE CITY OF TEMECULA AND AUTHORIZING THE DIRECTOR PUBLIC WORKS/CITY ENGINEER TO PREPARE A MANUAL SETTING FORTH THE ADMINISTRATIVE RULES, PROCEDURES, AND REQUIREMENTS NECESSARY TO IMPLEMENT THIS ORDINANCE 24.4 Confirm that the adoption of this Ordinance represents components of the City's adopted General Plan and is categorically exempt from CEQA pursuant to the provisions of Sections 15308 and 15061 (b)(3) and, therefore, no further environmental review is required. The City further acknowledges that the action is the replacement of the existing regulatory ordinance with an ordinance of similar character reflecting the current state of the applicable law. In light of this deminimus substitution, the general rule of CEQA. as set forth in State CEQA Guidelines Section 15601(b)(3), is also deemed applicable to this action as it can be seen with certainty that the adoption of this superseding ordinance will not cause new or additional adverse effects upon the environment. The Final EIR for the City's General Plan was certified by the City Council on April 12, 2005. Director of Public Works Hughes presented staff report (of record). For the City Council, City Attorney Thorson noted that the City has been under an NPDES Ordinance for several years and that this would simply be an update to the ordinance. Due to no speakers. the public hearing was closed. MOTION: Councilman Naggar moved to approve Item No. 24.1. Councilman Washington seconded the motion and electronic vote reflected unanimous aooroval. MOTION: Councilman Naggar moved to approve Item No. 24.2 and 24.4. Councilman Washington seconded the motion and electronic vote reflected unanimous aooroval. MOTION: Councilman Washington moved to approve 24.3. Councilman Naggar seconded the motion and electronic vote reflected unanimous aooroval. Councilman Naggar moved to extend the City Council meeting to 10:15 p.m. Councilman Washington seconded the motion and voice vote reflected unanimous aooroval. COUNCIL BUSINESS 25 Litiqation Involvinq Roadway Solicitation Ordinances RECOMMENDATION: Receive and file report City Attorney Thorson provided the City Council with a staff report (of written material), offering the following: R:IMinutesl062805 14 . That there would be no connection between Illegal Immigration and Solicitation Ordinance in terms of how the City would enforce it . That the City would not have the authority, under Federal Law, to enforce the immigration laws; and that to the extent that the City would try to enforce it, a Federal court in numerous cases would strike down that action and not allow it to proceed. . That a City's legitimate governmental issue would be to keep people out of danger in publiC streets whether they would be soliciting employment, selling something, or jaywalking . That if a police officer were to witness a person violating the anti-solicitation ordinance, the police officer would not be the individual who would determine whether or not someone was an illegal resident or not . That the City Council would be entitled to adopt bike lanes if the required findings were found . That the City does have the right to establish a bike lane, advising that it would be illegal to park in a bike lane It was the consensus of the City council to extend the meeting to 10:30 p.m. . That there are vehicle codes laws that would prohibit pedestrians in roadways; that if vehicles are stopped in roadways, impeding or blocking traffic, or parking in an illegal area, they would be cited; and that public urination would also be a citable offense Police Chief Domenoe stated that the enforcement that is currently taking place would be the patrolling of police officers in the area. It was also noted by Mr. Thorson that the issue would be that as long as the City is within its legitimate governmental function of regulating the roadways and preventing traffic hazards, the City would be secure. Director of Public Works Hughes stated that it would be the City Council's purview to establish "No parking" zones or "no stopping" zones without the installation of bike lanes. At this time, the public hearing was opened. Mr. Arne Chandler and Ms. Holly Warddrop, Temecula residents, spoke against day laborers, noting the following: . That safety and security would be issues of concern . That there is a concern with public urination . That day laborers create litter . That day laborers are being exploited with low wages · That the implementation of bicycle lanes, red curbs, and "No parking" signs would only move the problem of day laborers to another site . That the City Council must take an aggressive exploration of loitering laws, soliciting laws, and trespassing laws · That the majority of Temecula residents would desire that the problem of day laborers be resolved before it escalates · That an ordinance of "no loitering" within a one-mile radius of any school be implemented to protect the children of Sl. Jeanne de Le Stonnac School from strangers loitering in the area. R:\MinutesI062805 15 In response to Mayor Comerchero's question, City Attorney Thorson offered the following: . That Penal Code Section 653G would prohibit loitering in or near a public school and that the definition would be to delay, linger, or to idle about a school or public place without lawful business for being present; but noted that he is not aware of how the District Attorney would view this. . City Attorney Thorson also noted that the court states that people have the right to stand on a public sidewalk and transact business . That "no trespassing" signs on priyate property would be enforceable by law. Police Chief Domenoe relayed that is most cases if there is trespassing on private property, the police department would not make an arrest; that the homeowner would need to make a citizens arrest; advising that typically, with a first offense, a trespasser would only be given a warning. MOTION: Councilman Roberts moved to direct staff to explore various road design options for east and west sides of Butterfield Stage Road and for the Police Department to begin immediate on-site enforcement. Councilwoman Edwards seconded the motion and electronic vote reflected unanimous approval. CITY MANAGER'S REPORT City Manager Nelson reported that Dr. John E. Husing's report is available on the City's website. Expressing his enthusiasm, Mr. Nelson also thanked the City Council for the renewal of his contract amendment. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there was no action to report under Closed Session. ADJOURNMENT At 10:35 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, June 28, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk R:IMinulesl062805 16 ITEM 4 CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 26, 2005 SUBJECT: City Treasurer's Statement of Investment Policy PREPARED BY: Karin A. Grance, Revenue Manage# RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. BACKGROUND: The California legislature has passed legislation imposing a State- mandated local program requiring the treasurer or chief fiscal officer to render an annual statement of investment policy to the legislative body of the local agency and to render a quarterly report containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency, Effective September 29, 2004, cities are no longer mandated but encouraged to render an annual statement of investment policy and quarterly report. The attached Treasurer's Statement of Investment Policy conforms to the requirements and guidelines established by the California Municipal Treasurer's Association and the California Society of Municipal Finance Officers. The City of Temecula has a majority invested in the State of California Local Agency Investment Fund (LAIF), This investment is consistent with the City's investment policy that prioritizes safety and liquidity over yield. While investing in LAIF remains a viable option for the City, staff continues to diversify and manage investments in an effort to maximize returns while preserving our principal objective of protecting the City's treasury within the parameters of prudent risk management. The attached investment policy reflects no changes from the previous policy adopted by the City Council on July 27, 2004, FISCAL IMPACT: None. ATTACHMENTS: Proposed Investment Policy R'\Agendas\05 Agcndas\staff report-investment pol!cy05-cc.doc CITY OF TEMECULA Investment Policy IINTRQDUCTION: I The intent of this Investment Policy is to establish the limits within which the City's Investment Program shall be conducted. Investment goals and objectives are defined. Authorized investments and reporting requirements are identified. The City's Broker/Dealer Questionnaire is included. The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the remainder of this document. I OBJECTIVES: I The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies include: 1. To protect the principal monies entrusted to this office. Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk, Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies, and by diversifying the investment portfolio so that the failure of anyone issuer would not unduly harm the City's cash flow. Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions - that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured, losses are ineYitable, and must be considered within the context of the oyerall inyestment return, 2. To Drovide sufficient Iiauiditv to meet normal ooeratina and unexoected expenditures. The portfolio will be structured with sufficient liquidity to allow the City to meet expected cash requirements. This will be accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity buffer and invest primarily in securities with active secondary and resale markets. 3. To assure compliance with all Federal. State. and Local laws aovernina the investment of monies under the control of the City Treasurer. The legal basis for the City's investment activities is the City of Temecula Municipal Code, Chapter 3.04, Revenue and Finance, Fiscal Provisions Generally and Government Code Sections 53600 to 53609 and 53630 to 53686, which include parameters for authorized investments, report of investments and investment authority. Last Revised: July, 2004 !city of Temecula INVESTMENT POLICY Page 21 4. To aenerate a maximum amount of investment income within the Darameters of Drudent risk manaaement and consistent with the above Dolicies. The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The market-average rate of return is defined as the average return on three- month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of retu rn, The policy will also address risk management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will be directed to: 1) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining a minimum credit requirement that firms must have in order to hold City money. I SCOPE: This investment policy applies to all funds under the control of the City Treasurer, including but not limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any other funds under his control. California Government Code Section 53601 (1) permits money from bond proceeds, obligations under a lease, installment sales or other agreements to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agreements made by the issuing agency, I INVESTMENT AUTHORITY: I The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping. The City Treasurer is responsible for daily management of the investment program, including: v' Establishing procedures for operation consistent with the investment policy. v' Approving daily investment transactions. v' Developing projections of the City's cash requirements for operating needs. .; Reviewing the liquidity position of the investment portfolio. v' Ensuring that the City's cash position is consistent with operating requirements. .; Preparing appropriate investment reports. v' Deyeloping, implementing and monitoring controls over investments. v' Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Finance Director, Assistant Finance Director, or Revenue Manager. All persons authorized to make investment decisions on behalf of the City are trustees of the public funds and therefore fiduciaries subject to the following prudent investor standard as defined in California Government Code Section 53600.3: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting i~ a like capacity a~d familiarity with those matters would use in the conduct of funds of a like character and With Last Revised: Julv, 2004 Icily of Temecula INVESTMENT POLICY Page 31 like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. I SAFEKEEPING OF SEC'"'Ri....IES: I To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures (I.e., the City's safekeeping agent will only release payment for a security after the security has been properly delivered). This section is intended to comply with Government Code 53635. I REPORTING: I The City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of deposit, current market value for all securities, return on the City's investment portfolio expressed as an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can meet its upcoming financial obligations, and such data as may be required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The Treasurer shall annually submit a recommended updated Investment Policy to be reviewed and approved by the City Council. The City's investment reporting policy meets or exceeds the requirements of Section.53646 of the California Government Code. I QUALIFIED DEALERS: I The City shall transact investments only with banks, savings and loans, investment security dealers and the State of California Local Agency Investment Fund. The dealers must be primary dealers regularly reporting to the New York Federal Reserve Bank, Exceptions to this rule will be made only after thorough research and documented confirmation of financial strength and reputation and after approval by the City Manager. Investment staff shall investigate dealers who wish to do business with the City in order to determine if they are adequately capitalized, market securities appropriate to the City's needs, and are recommended by managers of portfolios similar to the City's. The City's Broker/Dealer Questionnaire (Attachment A) will be used in this investigation, The City shall at least annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate inyestments, I~~t Revised: Julv. 2004 \City of Temecula INVESTMENT POLICY Page 4/ I AUTHORIZED INVESTMENTS: I Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: United States TfeaSUry Bills, Bonds, and Notes. or those for which the full faith and credit of the United States are oledaed for oavment of orincioal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category, Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Obliaations issued bv the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal Home Loan Mortaaae Corooration (FHLMC), the Federal National Mortaaae Association (FNMA). and other United States aaencv obliaations with maturities of five years or less. Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Bills of exchanae or time drafts drawn on and acceoted bv a commercial bank, otherwise known as banker's acceotances. Banker's acceptances purchased may not exceed 180 days to maturity or 40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. Commercial oaoer rankina of the hiahest letter and number ratina bv a nationally recoanized statistical fatina oraanization (NRSRO), and issued bv a domestic corooration havina assets in excess of $500,000,000 and havina an "A-1" or better ratina on its lona-term debentures as orovided bv a NRSRO. Purchases of eligible commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation's commercial paper. Maturity is not to exceed 180 days, Neaotiable certificates of deoosit issued bv nationallv or state-chartered banks or state or federal savinas and loan associations. Negotiable certificates of deposit (NCDs) differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. Last Revised: July, 2004 Icily of Temecula INVESTMENT POLICY Page 51 Repurchase Aareements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements, Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 102% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for . repurchase agreements, the only securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50% of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Aaency Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deposits. The City may invest in non-negotiable time deposits collateralized in accordance with the California Government Code, in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The issuer firm should have been in existence for at least five years. The City may waive the first $100,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the issuer must have a minimum 6% net worth to assets ratio orthe minimum ratio established by the Comptroller of the Currency. The issuer's operation must have been profitable during their last reporting period. Monev Market Funds. The City may invest in money market funds that invest solely in U.S. Treasuries, obligations of the U.S, Treasury, and repurchase agreements relating to such treasury obligations. To be eligible, companies selling money market funds must have an inyestment advisor with not less than five years experience and that is registered with the SEC, has the highest ranking available as evaluated by a nationally recognized rating service, and with assets in excess of $500 million. This list of authorized investments is intended to apply to the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted inyestments as specified in the official statement for each bond issue. I INELIGIBLE INVESTMENTS:. I Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds, zero coupon bonds, inverse floaters, mortgage-derived securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. Last Revised: July, 2004 !city of Temecula INVESTMENT POLICY Page 6\ I SWAPPING OFSEC(JRITIES: I A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale must be recorded. I PORTFOLIO ADJUSTMENTS: Should an investment percentage-of-portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses, When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. I POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall be responsible for maintaining guidance over this investment policy to ensure that the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. I ETHICS AND CONFLICT OFINl'EREST: I Officers and employees inyolyed in the investment process shall refrain from personal business activity that conflicts with the proper execution of the investment program or impairs their ability to make impartial investment decisions. Additionally, officers and staff involved in the investment of public funds are required to annually file a Fair Political Practices Commission Statement of Economic Interest form. Last Revised: Julv. 2004 CITY OF TEMECULA BrokerlDealer Questionnaire ::,;::W;d+0i:t;:>#-0:"1#:iR2;;:Glliilli"'::: ;;FIRII/?f/(f!liRRM,:{j'1'ION. Firm Name: Address: Phone No: ( Firm is (select one): I:J Broker I:J Dealer REPRESENTA'1'IVE INFORMATION Sales Representative: Title: Phone No: Supervising Representative: Title: Phone No: BUSINE$SS'1'A'1'USIHIS'1'ORY Is your firm a primary dealer in U.S. Government securities? If yes, for how long? Are the following instruments regularly offered by your firm? T-Bills T -Notes/Bonds Banker's Acceptances (Domestic) Banker's Acceptances (Foreign) Commercial Paper Certificates of Deposit Medium Term Notes Mutual Funds (eligible for public investment) Agencies (please specify) Have any of your firm's public sector clients sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of a financial instrument that was recommended by and purchased through your firm? (If yes, please explain on a separate sheet.) Have any of your firm's public sector clients claimed, in writing, that your firm was responsible for any investment losses? (If yes, please explain on a separate sheet,) Has your firm been subject to any litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that involved allegations of improper, fraudulent, disreputable or unfair activities related to the sale of securities or to the purchase of securities from institutional clients? (If yes, please explain on a separate sheet.) Has your firm been subject to a regulatory, state or federal agency investigation for alleged improper, fraudulent, disreputable, or unfair activities related to the urchase or sale of securities? YES NO o o o o o o o o o o o o o o o o o o o o o o o o o o (If yes, please explain on a separate sheet,) 0 0 What is the net capitalization of your firm? What are your wire and delivery instructions? TRADING PERSONNEL Please identify all personnel who will be trading with or quoting levels to the City of Temecula: NAME: TITLE: PHONE: # YRS W/ FIRM Do each of the above individuals currently hold valid licenses to YES NO trade securities on behalf of the institution? 0 0 ... ....... REfERENCES Please identify your most closely comparable governmental local agency clients in our geographical area: AGENCY: CONTACT: PHONE: # YRS CLIENT i CERTIFICAtioN I hereby certify that I have personally read the City of Temecula's Investment Policy and the California Government Codes pertaining to the investments of the City of Temecula, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Temecula's investment objectives, strategies and risk constraints whenever we are so advised. We pledge to exercise due diligence in informing the City Treasurer staff of all foreseeable risks associated with financial transactions conducted with our firm, We further pledge not to offer the City of T emecula any types of securities not authorized by both the City of Temecula's Investment Policy and California Law. I attest to the accuracy of our responses to your questionnaire. Additionally, all sales personnel will be routinely informed of your investment objectives, horizon, outlook, strategies, and risk constraints whenever we are so advised. We will notify you immediately by telephone and in writing in the event of material adverse change in our financial condition, The supervising officer agrees to exercise due diligence in monitoring the activities of other officers and subordinate staff members engaged in transaction with the City of Temecula, SIGNED: PRINTED NAME: TITLE: DATED: This section must be countersigned by the Managing Director or by the most senior person in charge of the government securities operations sections, SIGNED: PRINTED NAME: TITLE: DATED: ITEM 5 APPROVAL CITY ATTORNEY --uJPL?~ DIRECTOR OF FWE pfL. CITY MANAGER . . CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Genie Roberts, Director of Finance DATE: July 26,2005 SUBJECT: Infrastructure Funding Agreement for SR79 Improvements PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the City Council approve the Infrastructure Funding Agreement between the City of Temecula and the County of Riverside that allows the County's Assessment District 159 funds to be used for SR 79 improvements. BACKGROUND: The County of Riverside formed Assessment District 159 to finance, in part, improvements to State Highway 79 South, These improvements are located within the jurisdictional boundaries of the City. On May 13, 2003, the City and the County entered into an agreement entitled "Redhawk Annexation Agreement No. 1 between the County of Riverside and the City of Temecula (Historic Preservation and Sales Tax Allocation" that provides for the County to pay the City $2,100,000.00 from the proceeds of AD 159 for the 798 Median Project or other project benefiting the 79S corridor. Construction of the improvements are currently under way and the City has submitted to the County reimbursement requests totaling $401,649.07. The requested reimbursements will not occur until this Funding Agreement is executed. The Infrastructure Funding Agreement sets forth the guidelines for creation and maintenance of accounts, reimbursement request submittals, and payment of reimbursement requests. The execution of this agreement will enable the County to proceed with our pending reimbursement requests and process subsequent requests without delay. FISCAL IMPACT: $2,100,000 of the AD 159 proceeds are programmed for the State Route 79S Median project. This agreement will allow the City to seek reimbursement for these funds as costs are incurred. ATTACHMENTS: Infrastructure Funding Agreement R:\Agendas\Staff Report. SA79 Infrastructure Funding Agmt.doc INFRASTRUCTURE FUNDING AGREEMENT THIS INFRASTRUCTURE FUNDING AGREEMENT (hereinafter, the "Funding Agreement") is made and entered into as of the 1st day of August, 2005, by and between the County of Riverside, a political subdivision of the State of California (hereinafter the "County"), on behalf of itself and Assessment District No. 159 Rancho Villages of the County and Assessment District No. 159 Supplementa] (Rancho Villages) of the County, and the City of Temecula, an incorporated municipality (hereinafter the "City") (each a "Party," or collective]y, the "Parties") RECITALS WHEREAS, the Board of Supervisors (the "Board of Supervisors") of the County pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California (respectively, the "1913 Act" and the "Code"), established Assessment District No. 159 (Rancho Villages) of the County of Riverside (the "Original District") and directed pursuant to Section 3114 of the Code that a Notice of Assessment Lien be recorded against all parcels within the boundaries of the Original District in the amount of $77,535,514.82 (the "Original Assessment Lien") and said Notice was recorded on July 17, 1988; and, WHEREAS, the Board of Supervisors by Resolution No. 2003-253 ordered changes in the work to be financed under the Original Assessment Lien and reduced the assessment liens on identified parcels in an aggregate amount of $5,936,101.93 and an Amended Notice of Assessment Lien was recorded on August 27, 2003; and, WHEREAS, the Board of Supervisors pursuant to the provisions of the 1913 Act established Assessment District No. 159 Supplemental (Rancho Villages) of the County of Riverside (the "Supplemental District", and collectively with the Original District, the "Assessment Districts") and directed pursuant to Section 3114 of the Code that a Notice of Assessment Lien be recorded against all parcels within the boundaries of the Supplemental District in the amount of $79,316,598.52 (the "Supplemental Assessment Lien") and the lien was recorded on November 18, 1991; and, WHEREAS, the Board of Supervisors by Resolution No. 2003-254 ordered changes in the work to be financed under the Supplemental Assessment Lien and reduced the assessment liens on identified parcels in an aggregate amount of $36,535,441.07; an Amended Notice of Assessment Lien was recorded on August 27,2003; and, WHEREAS, the boundaries of the Original District and the Supplemental District are co-terminus; and, AD No. 159 - Funding Agr. Hwy 79 South WHEREAS, as to the Original District and the related special assessments authorized to be levied on the property therein, the Board of Supervisors, pursuant to the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Code (the "1915 Act"), has caused four series of limited obligation improvement bonds to be sold and issued representing $71,599,412.89 of the authorized bonded indebtedness secured by the Original Assessment Lien (Series A, issued on December 22, 1988, in the aggregate principal amount of $6,196,153.59; Series B, issued on August 24, 1989, in the aggregate principal amount of $36,554,302.11; Series C, issued on March 18, 1992, in the aggregate principal amount of $25,146,171.00; Series D, issued on August 21, 2003 in the aggregate principal amount of $1,715,000.00 (the "Series D Bonds"); and cash collections during the statutory prepayment periods and cost of work in-kind totaling $1,987,786.19) that leaves the Original District with no balance of authorized, but unused, bonding capacity; and, WHEREAS, as to the Supplemental District and the related special assessments authorized to be levied on the property therein, the Board of Supervisors, pursuant to the 1915 Act, has caused three series of limited obligation improvement bonds to be sold and issued representing $40,764,311.49 of the authorized bonded indebtedness secured by the Supplement Assessment Lien (Series A, issued on August 9, 1994, in the aggregate principal amount of $29,532,229.41; Series B, issued on December 19, 2000, in the aggregate principal amount of $780,000; Series C, issued on August 21, 2003, in the aggregate principal amount of $2,835,000.00 (the "Series C Bonds"); and cash collections during the statutory prepayment periods totaling $7,617,082.08) that leaves the Supplement District with a balance of authorized, but unused, bonding capacity in the amount of $2,016,845.96; and, WHEREAS, the County has issued the Series D Bonds relating to the Original District and the Series C Bonds relating to the Supplemental District (collectively, the "Bonds") in an aggregate principal amount of $4,550,000, the proceeds of which allow a combined amount of $3,831,812.52 to be deposited into the respective Improvement Funds established for the Series D and Series C Bonds by the respective Fiscal Agent Agreements (the "Fiscal Agent Agreements"), each dated as of August 1,2003, by and between the County and U.S. Bank Trust National Association, as fiscal agent (the "Fiscal Agent"); and, WHEREAS, the County, on behalf of the Assessments Districts, has received as prepayments during the statutory cash collection period for the Series D Bonds for the Original District and the Series C Bonds for the Supplemental District combined amounts that total $6,668,234.49 of which a total of $6,395,956.37 has been deposited into the Improvement Funds for the Series D and Series C Bonds, pro rata as determined by the "Assessment Engineer" (A]bert A. Webb Associates) for the Assessment Districts; and, WHEREAS, the Original Bonds, the Supplemental Bonds and their respective related cash collections were issued and received to finance, in part, two additional lanes to State Highway 79 South (the "Highway") and other improvements to the Highway AD No. 159 - Funding Agr. Hwy 79 South 2 resulting from changes to the configuration and construction required by the California Department of Transportation ("CaItrans") between Butterfield State Road to a point approximately 1,300 feet west of Interstate IS within Caltrans' right-of-way (the "Highway Improvements"); and, WHEREAS, the Highway Improvements are located within the jurisdictional boundaries ofthe City; and, WHEREAS, CaItrans by recordation on February 7, 2005 of the California Transportation Commission's certified resolution, adopted on January 20, 2005 and entitled "Relinquishment of Highway Right of Way in the City of Temecu]a, Road 8- RIV-79-PM 2.5/4.5 & 15.6/19/4, Request No. 445R," as Document No. 2005-0105095 in the Office of the Riverside County Clerk-Assessor-Recorder, has transferred to the City all of the State's right, title, and interest in the portion of the Highway described therein, which generally is described as those portions of the Highway lying within the boundaries of the City; and, WHEREAS, the County and the City have entered into an agreement entitled "Redhawk Annexation Agreement No.1 between the County of Riverside and the City of Temecula (Historic Preservation and Sales Tax Allocation)" dated and effective as of May 13,2003 (the "Annexation Agreement"), that provides in Paragraph 5.a. as follows: a. County shall pay to the city the sum of two million one hundred thousand ($2,100,000,00) from the proceeds of bonds issued by Assessment District No. 159 [i.e., the Assessment Districts]. The City shall use such funds for the Highway 79 South Median Project or another public works projects benefiting the Highway 79 South corridor; and, WHEREAS, Section 10010 of the Code provides that public improvements and works that have been ordered to be constructed may also be acquired if the public improvement or work was not in existence at the time the resolution of intention was adopted, the improvement has been constructed as if it had been constructed under the direction and supervision or under the authority of the receiving public entity, and the public improvement or work has not been accepted by the receiving public entity into its maintained system; and, WHEREAS, the parties to this Funding Agreement desire to specify the conditions under which the County will cause $2,100,000 to be paid over to the City to reimburse it for costs incurred for the Highway Improvements; and, WHEREAS, the City Engineer (as this term is defined in Section 2, below) has presented to the Special District Administrator (as this term is defined in Section 1, below) a Reimbursement Request (as this term is defined in Section 2, below) dated July 21,2004 for the amount of $133,374.81 and a Reimbursement Request dated January 31, 2005 for the amount of $268,274.26 (collectively, the "Submitted Reimbursement AD No. 159 - Funding Agr. Hwy 79 South 3 Requests") the processmg of which will not occur until this Funding Agreement IS executed; NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the Parties hereto do hereby agree as follows: Section 1. Creation of Hil!hwav Improvement Sub-Accounts. Promptly after the Parties' execution of this Funding Agreement, the Special District Administrator for the County (the County Executive Officer, or his/her designee) (the "Special District Administrator") will direct the Fiscal Agent to establish a "Highway Improvement Sub- Account" in each of the Improvement Funds (each a "Sub-Account" or collective]y the "Sub-Accounts") for the Bonds and cause to be deposited into each Sub-Account an amount when combined with the other will total $2,100,000. The amount to be deposited in each Sub-Account is to be determined by the Assessment Engineer. Section 2. Reimbursement ReQuest Submittal Process. The Director of Public Works for the City, or his/her designee, (the "City Engineer") will cause to be submitted to the Special District Administrator, one or more requests for reimbursement (each, a "Reimbursement Request"), each of which will identify the design, engineering and construction costs that have been incurred by the City for the Highway Improvements subject to such Reimbursement Request with sufficient supporting documentation to justify the costs itemized. The Special District Administrator will review each Reimbursement Request to determine that the improvements and their itemized costs are consistent with the Highway Improvements for which the proceeds of the Bonds are authorized to be expended. If there are any questionable costs, the Special District Administrator will notify the City Engineer in writing within thirty (30) days of the date of submission of the applicab]e Reimbursement Request. As to the Submitted Reimbursement Requests, the County will provide the City with any written comments within thirty (30) days of the Effective Date (August 1,2005) of this Funding Agreement Section 3. Pavment of Reimbursement ReQuests. Any approved Reimbursement Request shall be submitted by the County to the Fiscal Agent for payment within sixty (60) days of the date of the City's submission of such Reimbursement Request to the Special District Administrator, and the Special District Administrator will direct the Fiscal Agent to make the payment from one or both of the Sub-Accounts to the City. Within sixty (60) days of the Effective Date of this Funding Agreement, any Submitted Reimbursement Request approved pursuant to Section 2 hereof will be submitted by the County to the Fiscal Agent for payment to the City. The Special District Administrator will continue to process the Reimbursement Requests until the authorized dollar amounts for all Reimbursement Requests approved for payment total $2,100,000. At the written request of the City Engineer, the Special District Administrator will provic;ie within five (5) business days of the receipt of the written request, an accounting of the total dollars that have been paid from the Sub-Accounts and the balance remaining in the Sub-Accounts to be applied toward the obligation regarding the Highway Improvements. AD No. 159 - Funding Agr. Hwy 79 South 4 Section 4. Representations, Warranties, and Covenants of the Countv. The County hereby represents, warrants, and covenants to the City that: (a) Due Organization Existence and Authority. The County is a political subdivision duly organized and validly existing under the Constitution and laws of the State of California (the "State"). Each of the Assessment Districts is an assessment district duly formed by the County and validly existing under the laws of the State. The County has full right, power and authority to execute, deliver and perform its obligations under this Funding Agreement and to carry out and consummate the transactions contemplated thereby. (b) Due Authorization and ADDroval. By all necessary official action of the County, the County has duly authorized and approved the execution and delivery of, and the performance by the County of the obligations contained in, this Funding Agreement, and as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, this Funding Agreement will constitute the ]egally valid and binding obligation of the County enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or transfer or similar laws or equitable principles relating to or affecting creditors' rights generally. Each of the Fiscal Agent Agreements constitutes the ]egally valid and binding obligation of the County, enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or transfer or similar laws or equitable principles relating to or affecting creditors' rights generally. (c) No Litigation. As of the date hereof, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, is pending and served on the County or, to the best knowledge of the County, threatened (i) in any way questioning the existence of the County or the titles of the officers of the County to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the payment or collection of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity of the Bonds or either Fiscal Agent Agreement or the consummation of the transactions contemplated thereby, or contesting the exclusion of the interest on the Bonds from taxation or contesting the powers of the County and its authority to pledge the special assessments secured by the Original Assessment Lien and the Supplemental Assessment Lien to the payment of principal and interest on the Bonds; (iii) which may result in any change with respect to the County which would materially adversel y affect the County's performance under the Fiscal Agent Agreements or this Funding Agreement; or (iv) contesting the completeness or accuracy of the Official Statement(s) relating to the Bonds, or any of them, or any supplement or amendment thereto (collectively, the "Official Statement") or asserting that the Official Statement contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of this sentence. AD No. 159 - Funding Agr. Hwy 79 South 5 (d) No Breach or Default. As of the date hereof, the County is not and will not be, in any respect material to the transactions referred to herein or contemplated hereby, in breach of or in default under any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or of any department, division, agency, or instrumentality of either thereof, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the County is a party or is otherwise subject, as applicable, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach or default would materially adversely affect the security of the Bonds, the County's performance under this Funding Agreement or the Fiscal Agent Agreements, as applicable, or any transactions contemplated thereby; and the authorization, execution and delivery of this Funding Agreement, and compliance with the provisions of thereof, do not and will not conflict with or constitute a breach of or default under either of the Fiscal Agent Agreements, the Official Statement, any applicable constitutional provision, law or administrative rule or regulation of the State of the United States, or of any department, division, agency, or instrumentality of either thereof, or any applicable judgment, decree, license, permit, trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the County (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties is bound, (e) Use of Proceeds. The County has applied or will apply, or cause to be applied, the proceeds of the Bonds in accordance with the applicable Fiscal Agent Agreement and as described in the Official Statement. (f) Tax-Exempt Status of Bonds. The County has been in compliance, and will comply, with the Internal Revenue Code of 1986, as amended, in order to maintain the tax -exempt status of the outstanding Bonds. Section 5. Representations, Warranties, and Covenants of the Citv. The City hereby represents, warrants, and covenants to the County that: (a) Due Organization Existence and Authority. The City is a political subdivision duly organized and validly existing under the Constitution and laws of the State of California (the "State"). The City has full right, power and authority to execute, deliver and perform its obligations under this Funding Agreement and to carry out and consummate the transactions contemplated thereby. (b) Due Authorization and Approval. By all necessary official action of the City, the City has duly authorized and approved the execution and delivery of, and the performance by the City of the obligations contained in, this Funding Agreement, and as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, this Funding Agreement will constitute the ]egally valid and binding obligation of the City enforceable in accordance with its terms, except as enforcement may be limited by AD No. 159 - Funding Agr. Hwy 79 South 6 bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or transfer or similar laws or equitable principles relating to or affecting creditors' rights generally. (c) No Litigation. As of the date hereof, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, is pending and served on the City or, to the best knowledge of the City, threatened (i) in any way questioning the existence of the City or the titles of the officers of the City to their respective offices; (ii) which may result in any change with respect to the City which would materially adversely affect the City's performance under this Funding Agreement; or (iii) there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) and (ii) of this sentence. (d) No Breach or Default. As of the date hereof, the City is not and will not be, in any respect material to the transactions referred to herein or contemplated hereby, in breach of or in default under any applicable constitutional provision, law or administrative rule or regulation of the State or the United States, or of any department, division, agency, or instrumentality of either thereof, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the City is a party or is otherwise subject, as applicab]e, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach or default would materially adversely affect the City's performance under this Funding Agreement or any transactions contemplated thereby; and the authorization, execution and delivery of this Funding Agreement, and compliance with the provisions of thereof, do not and will not conflict with or constitute a breach of or default under any app]icable constitutional provision, law or administrative rule or regulation of the State or the United States, or of any department, division, agency, or instrumentality of either thereof, or any applicable judgment, decree, license, permit, trust agreement, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the City (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties is bound. (e) CEQA Compliance. The City represents and warrants that, to the extent required thereunder, it has taken all actions necessary and has complied with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) ("CEQA") to allow for the construction of the Highway Improvements. Section 6. Indemnification. The City agrees to protect, indemnify, defend and hold the County, its respective directors, officers, Board of Supervisors, elected officials, employees, representatives and agents, and each of them (the "County Indemnified Parties"), harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the County Indemnified Parties, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the County Indemnified Parties or any combination thereof, as a result of, by reason of, arising out of, or in consequence of (a) the design, engineering and construction of the Highway Improvements, (b) any act or omission of the City or any of its contractors, or their respective officers, employees or AD No. 159 - Funding Agr. Hwy 79 South 7 agents, in connection with the design, engineering and construction of the Highway Improvements, (c) the City's expenditure of any monies funded by the County to the City pursuant to this Funding Agreement for any purpose other than a design, engineering, or construction cost incurred by the City for a Highway Improvement, or (d) the breach of any representation, warranty, or covenant of the City set forth in Section 5 herein. If the City fails to do so, the County Indemnified Parties, or any combination thereof, shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorneys fees or court costs, to and recover the same from the City. No indemnification is required to be paid by the City for any claim, loss or expense arising from the willful misconduct or sole and active negligence of the County Indemnified Parties, or combination thereof. The County agrees to protect, indemnify, defend and hold the City, its respective directors, officers, City Council, elected officials, employees, representatives and agents, and each of them (the "City Indemnified Parties"), harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the City Indemnified Parties, or any combination thereof, may suffer or which may be sought against or recovered or obtained from the City Indemnified Parties or any combination thereof, as a result of, by reason of, arising out of, or in consequence of (a) the breach of any representation, warranty, or covenant of the County set forth in Section 4 herein or (b) the County's failure to comply with the provisions of Sections 1,2, or 3 herein. If the County fails to do so, the City Indemnified Parties, or any combination thereof, shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including reasonable attorneys fees or court costs, to and recover the same from the County. The provisions of this Section shall survive the termination of this Funding Agreement. Section7. Bindin!!: on Successors and Assil!:l1s. Neither this Funding Agreement nor the duties and obligations of Parties hereunder may be assigned to any person or legal entity other than legal successor of a Party without the written consent of the other Party, which consent shall not be unreasonably withheld or delayed. The agreements and covenants included herein shall be binding on and inure to the benefit of the successors-in-interest of the Parties hereto. Section 8. Amendments. This Funding Agreement can only be amended by an instrument in writing executed and deli vered by the Parties. Section 9. Waivers. No waiver of, or consent with respect to, any provision of this Funding Agreement by either Party hereto shall in any event be effective unless the same shall be in writing and signed by the other Party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. AD No. 159 - Funding Agr. Hwy 79 South 8 Section 10. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Funding Agreement (either express or implied) is intended to confer upon any person or entity, other than the Parties (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Funding Agreement. Section 11. Notices. Any written notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the Party entitled thereto at its address set forth be]ow, or at such other address as such Party may provide to the other party in writing from time to time, namely: County: County Executive Office County of Riverside Attn: Special Districts Administrator 4080 Lemon Street, 4th Riverside, California 92501 Telephone: (951) 955-1100 Fax: (951) 955-1105 City: Director of Public Works City of Temecula 43200 Business Park Drive Temecula, California 92590 Te]ephone: (951) 694-6411 Fax: (951) 694-6475 Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the Party to whom it is addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by telex, telegram or te]ecopier, upon the sender's receipt of a document confirming satisfactory transmission, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 12. Jurisdiction and Venue. Each of the Parties (a) agrees that any suit action or other legal proceeding arising out of or relating to this Funding Agreement shall be brought in state or local court in the County of Ri verside or in the Courts of the United States of America in the district in which said County is located, (b) consents to the jurisdiction of each such court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. Each of the Parties agrees that a final and non-appealable AD No. ]59 - Funding Agr. Hwy 79 South 9 judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Section 13. Attornevs' Fees. If any action is instituted to interpret or enforce any of the provisions of this Funding Agreement, the Party prevailing in such action shall be entitled to recover from the other Party thereto reasonable attorney's fees and costs of such suit (including both prejudgment and post judgment fees and costs) as determined by the court as part of the judgment. Section 14. Governine Law. This Funding Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State. Section 15. Usaee of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. Section 16. Counterparts. This Funding Agreement may be executed In counterparts, each of which shall be deemed an original. Section 17. Interpretation. The Parties to this Funding Agreement and their counsel have reviewed and revised this Funding Agreement, and the norma] rule of construction to the effect that any ambiguities in an agreement are to be resolved against the drafting Parties shall not be employed in the interpretation of this Funding Agreement. Section 18. Authoritv to Execute. Each of the individuals signing this agreement on behalf of a Party hereto expressly warrants and represents that he or she has the authority to execute this Funding Agreement on behalf of said Party and warrants and represents that he or she has the authority to bind said Party to the performance of its obligation hereunder. [Balance of the Page Intentionally Left Blank] AD No. 159 - Funding Agr. Hwy 79 South 10 IN WITNESS WHEREOF, the Parties hereto have executed this Funding Agreement as of the day and year first hereinabove written. COUNTY OF RIVERSIDE By: MARION V. ASHLEY Chairman, Board of Supervisors ATTEST: NANCY ROMERO, Clerk to the Board of Supervisors By: Deputy Clerk APPROVED AS TO FORM: JOE S. RANK County Counsel By: Deputy County Counsel CITY OF TEMECULA ATTEST: City Clerk By: Jeff Comerchero, Mayor By: Susan W. Jones, CMC APPROVED AS TO FORM: City Attorney By: Peter Thorson AD No. 159 - Funding Agr. Hwy 79 South II ITEM 6 APPROVAL CITY ATTORNEY -t'O.P~ DIRECTOR OF F~ ~ CITY MANAGER . CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Genie Roberts, Director of Finance DATE: July 26, 2005 SUBJECT: Professional Services Agreement for Annual Administration of CFDs/AD PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the City Council approve a one-year professional services agreement with Canty Engineering Group, Inc. in the amount of $58,500 for debt service administration for the City's Community Facilities Districts and Assessment District for Fiscal Year 2005/2006 and Weed Abatement Program administration for Fiscal Years 2004/2005. BACKGROUND: The City of Temecula has five (5) existing Community Facilities Districts and one (1) Assessment District: . CFD 88-12 (Ynez Corridor) . CFD 01-2 (Harveston) . CFD 03-1 (Crowne Hill) . CFD 03-3 (Wolf Creek) CFD 03-6 (Harveston II) AD 03-4 (John Warner Road) . . Among the services provided by Canty Engineering Group, Inc., as special tax consultant, are calculation of special tax levy, public contact, delinquency management, disclosure and reporting, and calculation of sales tax reimbursements to property owners (in CFD 88-12). The staff at Canty Engineering Group, Inc. is familiar with the parameters of each of the City's districts and is committed to providing us the best possible service. Additionally, Canty Engineering Group, Inc. will provide services related to the weed abatement program including prior year lien reconciliation, data collection, lien recordation, levy submittal, public contact and delinquency management. It is staff's recommendation that the council approve a one-year professional services agreement with Canty Engineering Group, Inc. to provide debt service administration for the City's Community Facilities Districts and Assessment District and Weed Abatement Program administration. FISCAL IMPACT: The total amount of the contract is $58,500. Funds for the administration of special districts are included in the annual special tax levies for each of the Districts. Sufficient funds for the administration of the Weed Abatement Program have been budgeted through the Planning Department. ATTACHMENTS: Agreement for Consultant Services with Canty Engineering Group, Inc. R:\A.gendas\Slaff Report. Canty Contract for 05-06.doc FIN05-02 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND CANTY ENGINEERING FOR ANNUAL ADMINISTRATION OF CFD'S lAD AND WEED ABATEMENT ANNUAL LEVY FISCAL YEAR 2005-2006 THIS AGREEMENT is made and effective as of July 18, 2005 between the City of Temecula, a municipal corporation ("City") and CANTY ENGINEERING GROUP, INC. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 18, 2005 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full, Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Consultant shall employ, at a minimum. generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void, This amount shall not exceed Fifty- Eight Thousand Five Hundred Dollars and No Cents ($58,500.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Any additional work in excess of this amount shall be approved by the City Council. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager, Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month, Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it R:\Finance\Purchasing\AgreeementsA-L.OS.06\Canty Engineering.FIN05-02 7/1812005 ; , , shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the 'Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreernent. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall perrnit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of R:\Finance\Purchasing\AgreeementsA.L.OS.06\Canty Engineering.FINOS.02 7/1812005 providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 201001 9. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. R:\Finance\Purchasing\AgreeementsA-L05..Q6\Canty Engineering.FIN05-02 7/18/2005 (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. c, Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, ernployees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of CoveraQe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to R:\Finance\Purchasing\AgreeementsA-L.05-06\Canty Engineering. FIN05-02 7/18/2005 be on forms provided by the City. All endorsements are to be received and approved by the City before work commences, As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and corn ply with all such ordinances, laws and regulations, The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena, b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. R:\Finance\Purchasing\AgreeementsA-L.05-06\Canty Engineering.FIN05-02 7/1812005 ~ 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the docurnent delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Canty Engineering Group Inc. 2010 Iowa Avenue #110 Riverside, CA 92507 Attn: Leni Zarate 951-212-9589 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultants sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. R:\Finance\Purchasing\AgreeementsA-L.05-06\Canty Engineering.FINOS-02 7/18/2005 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\Finance\Purchasing\AgreeementsA-l.OS-DS\Canty Engineering.FIN05-02 7/1812005 CONSULTANT CANTY ENGINEERING GROUP, INC. ATTN:LENIZARATE POBOX 52050 RIVERSIDE, CA 92517 PHONE: 951-683-5234/951-212-9589 FAX: 951-683-5301 By: Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) R:\Finance\Purchasing\AgreeementsA.LDS-06\Canty Engineering.FIN05-02 7/18/2005 " EXHIBIT A TASKS TO BE PERFORMED All tasks as per the Request for Proposal/Scope of Work provided by the Consultant attached hereto and i~corporated herein as though set forth in full. A:\Finance\Purchasing\AgreeementsA-l.05-06\Canty Engineering.FIN05-02 7/18/2005 " REQUEST FOR, PROlOF SPECIAl DISTRiCT' ADMINISTRATIVE SERVICES 6t:taJ Submitted by Leni Zarate & Lee Petroelje of CANTY ENGINEERING July 2005 EEG Canty Engineering Group, Inc. CIVI!. EKGII'EERI'IG Pl\'1KI'IG Sl.:RVEYIKG W\" w.raniyrng..cum July 15, 2005 Ms. Genie Roberts Finance Director City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 RE: Proposal for Annual Administration of The City of Temecula's Special Districts Dear Ms. Roberts: We are pleased to submit this proposal for Special District Administrative Services to the City of Temecula. We belieye that our knowledge and understanding of the City of Temecula's Assessment District and Community Facilities Districts equips us with the following attributes, abilities, and insights for annual administration that will distinguish us from our competitors. As eyidence of our qualifications for this proposal we ask you to consider the following points: . Commitment to the Client - We haye provided fonmation and administration services to the same clientele for over 15 years. Our knowledge and understanding of development, subdivision mapping, and special tax/assessment engineering: fonmation, administration, and district restructuring, equips us with the skills necessary for the ongoing administration of the City's special districts and are committed to providing this level of commitment to the City of Temecula . . Knowledge of Riverside County - We have a reputation for quality consulting, integrity, creatiyity, and long standing client relationships with key personal in many departments within the County and local agencies. This facilitates the timely and cost effective gathering of infonmation, filing and recordation of maps, diagrams, and notices. . Industry Leaders in Tackling Troubled and Complex Districts - We have been repeatedly selected to provide services to assist with the administration and restructuring of troubled special districts. These districts have faced problems with political and environrnental issues, litigation, failed foreclosure sales, and delinquencies. By using a proactive approach, our experience with troubled districts will help the City prevent or resolve similar problems as well as effective administering the City's complex districts. Our proposal is organized into three (3) sections as follows: . Section 1 - Qualifications . Section 2 - Scope of Services . Section 3 - Proposed Compensation 2010 IOW3 Avenue. Suile 110 . Riverside. CA 92507 . 951/683-5234 . Fax 951/683-5301 P. O. Box 52050 . Riverside. CA 92517 If you have any questions regarding this proposal, please feel free to contact either of us at (951) 212-9589. Sincerely, CANTY ENGINEERING ([;')fA- ~1~;1U-Le Leni Zarate Principal ~~... Lee Petroelje \ Principal SECTION 1 QUALIFICATIONS Experience We have demonstrated our extensive experience as district administrators for many clients. Sorne of these clients are: . . . . . . City of Temecula Eastern Municipal Water District Riverside County Executive Office Western Municipal Water District Rancho California Water District Riverside County Flood Control . . . . . City of Hemet City of Riverside City of Indio City of Ontario Riverside County EDA We also provide the following as evident of our experience: . We have seen districts reach their final maturity and developed creative ways to structure a district's budget to minimizes the expensive refund process. . We have worked on several districts that have defaulted or at risk of default. This experience provides an extensive source of knowledge that few firms have seen. . We have been instrumental in workouts, restructuring districts, and cOllections, ensuring the best outcome for the agency as well as the property owners. Individuals Providing Services The following members of our Special Districts Financing Team have a minimum of ten years experience in special district financing and administration, Additional individuals may be added to the project team, as needed, for specific knowledge to ensure proper support of each project. . Ms, Leni Zarate, Principal Direct Line: (951) 212-9589 Email address:leniz@cantyena.com Ms, Zarate will be the City's primary contact person, She oversees the annual administration, disclosure services, delinquency management and formation services. The annual disclosure reporting and dissemination that Ms. Zarate has coordinated has been recognized as an industry standard. Ms. Zarate coordinated the special tax consulting services with financing teams for the issuance of bonds totaling over $350,000,000. . Mr. Lee Petroelje, Principal Direct Line: (909) 229-9159 Email address:leep@cantyena.com Mr. Petroelje provides internal support for annual administration, delinquency management, and continuing disclosure services. His responsibilities include interpretation and application of governing codes, rate and method of apportionments, or method of assessment apportionment to insure accuracy throughout the annual administrative process. Mr. Petroelje provides technical and financial background as a key resource for bond issuance services and creates innovative solutions when structuring land secured financing districts. . Mr. John Canty, President Phone: (951) 683-5234 Email address:iohnc@cantyena.com Mr. Canty is a Registered Professional CiYil Engineer in the State of California, His wide range of expertise makes him particularly qualified to determine benefits to parcels within special districts on an equitable basis. References We believe that every individual of the project team must have experience in managing all aspects of district administration, including but not limited to, annual enrollment, delinquency management, and continuing disclosure, This system promotes accuracy, efficiency and cost savings, The following three references are Agencies to whom we have proYided such services: Riverside County Executive Office Dean Deines, Deputy Executive Officer (951) 955-1127 4080 Lemon Street, 4th Floor Riverside, CA 92501 Eastern Municipal Water District Debra Haskell, Special Districts Administrator (951) 928-3777 ex!. 4540 2270 Trumble Road Perris, CA 92572 City of Hemet Bill Pattison, Director of Finance (951) 765-2331 445 E. Florida AYe, Hemet, CA 92543 SECTION 2 SCOPE OF WORK The following is our proposed Scope of Work based upon our prior experience with similar projects. Services to be provided by CONSULTANT are pursuant to the governing acts (which are collectively referred to herein as the "Special Districts"): The following Scope of Work applies to Community Facilities Districts and Assessment Districts A. DISTRICT ADMINISTRATIVE SERVICES. On or before the first Tuesday in August, CONSULTANT will receive from the CITY staff assigned to administer the Special Districts, information necessary to create the tax roll application of parcel's annual special tax or special assessment in a format acceptable to the Auditor/Controller-Recorder. CITY staff shall approve the requirement for the current fiscal year for each Special District and CONSULTANT shall apportion the special tax or special assessment to each parcel within each particular district consistent with the method of apportionment for each district. The services will consist of the following components: 1. Assessor Maps and Building Permit Information. CONSULTANT will maintain current Assessor Parcel Maps for all Special District parcels (if necessary) and shall update annually, prior to enrollment of the current year's levy, any information necessary for use in calculating the special tax or special assessment (Le. building permit, land use classification), and provide a list of any assessor parcel changes within each district to the CITY. CONSULTANT shall include in its computer database, development and land use information for all Special District parcels where development and land use information is necessary for use in calculation of said special tax or special assessment. CONSULTANT will verify with CITY the application of the method of apportionment to insure the proper levy of parcel's special taxes or special assessments. 2. Debt Service Component. CONSULTANT will help the CITY coordinate with the Fiscal Agent of each district as necessary to review current debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds or calculate any capitalized interest for the bond year in question. 3. Administrative Expense Component. CONSULTANT will help the CITY determine the amount needed to meet the anticipated administrative expenses for each Special District for the current fiscal year. 4. Reserve Fund. CONSULTANT will help the CITY determine if the Reserve Fund is anticipated to be funded at an amount below the reserve requirement and whether the special tax requirement is to include an amount need to replenish the Reserve Fund. 5. Submittal of Annual Levy. Each fiscal year, CONSULTANT shall prepare all necessary documents prior to submitting the annual levy for each Special District in a format and media acceptable for direct submission to the County Auditor/Controller-Recorder's office prior to the statutory deadline and shall perform adjustments and corrections to rejected parcels by resubmitting the levies, as necessary. 6. Direct Billing. CONSULTANT will coordinate the direct billing of certain parcels, as requested by the CITY, if the parcel is non-taxable pursuant to Riverside County Taxability Code. 7. Reapportionments. During the period that annual assessment installments are to be levied for each assessment district, CONSULTANT is to facilitate the preparation of assessment apportionment applications. CONSULTANT is to, in a timely manner and pursuant to the applicable statutory provisions, prepare assessment apportionments, which shall include: a) preparation of amended assessment diagrams; b) apportioning the assessment to divided parcels; c) preparation and delivery of the required notice to the original bond purchaser(s); d) recordation of required notice and amended assessment diagrams, e) preparation (if necessary) of required disclosure document, as required by the Department of Real Estate (RE624 Forms). Services related to reapportionments shall be at the expense of the requesting party or placed on the tax bill. 8. Primary Contact with Public. CONSULTANT will serve as the initial and primary contact with the public regarding the levy of the special tax or special assessment. A toll free telephone number of the Consultant's designation will appear on the regular property tax billing next to the particular special tax or special assessment to facilitate contact with the public. CONSULTANT will provide qualified and competent staff members to answer taxpayer questions regarding the purpose of the special tax or special assessment, the facilities constructed and/or maintained by the Special District, the use of bond proceeds and maturities if bonds have been issued, and the method of apportionment of the special tax or special assessment on the property. 9. Assessment District Bond Payoffs. At the request of a landowner, CONSULTANT will calculate the bond payoff amount for a parcel(s) and provide any additional information as requested related thereto. Services related to requests for bond payoff information from parties other than the CITY or property owner (e.g., real estate agents and title companies) shall be at the expense of the requesting party. If payment is received, CONSULTANT will comply with Revenue Taxation Code 163 by preparing the Release of Lien. CONSULTANT will coordinate with CITY staff to have a CITY representative sign the Release. CONSULTANT will record the '. Release within 5 days of receiving the signed Release and provide a copy to the CITY. 10. Community Facilities Districts Prepayments. At the request landowners, CONSULTANT will calculate the prepayment amount for a parcel(s) and provide any additional information as requested related thereto. Services related to requests for payoff information from parties other than the CITY or property owner (e.g., real estate agents and title companies) shall be at the expense of the requesting party. If payment is received, CONSULTANT will comply with Revenue Taxation Code 163 by preparing the Release of Lien. CONSULTANT will coordinate with CITY staff to have a CITY representative sign the Release. CONSULTANT will record the Release within 5 days of receiving the signed Release and provide a copy to the CITY. 11. Bond Calls. As a result of excess proceeds and/or prepayments, CONSULTANT will prepare bond call spreads in accordance with applicable laws and coordinate with the Fiscal Agent to establish new debt service requirements. 12.Annual Levy Report. CONSULTANT will prepare an executive summary of the Continuing Disclosure Report for each Special District. This Report will summarize the information used to calculate the annual levy for each parcel. B. MUNICIPAL DISCLOSURE SERVICES. CONSULTANT is to provide general assistance to the investment community, as it relates to the following disclosure matters: 1. Enhanced Disclosure. CONSULTANT will review the required enhanced disclosure agreements for districts formed subsequent to July 1, 1995 to determine the requirements of continuing disclosure. CONSULTANT will assist the CITY in the preparation of informational updates, the reporting of Securities and Exchange Commission Rule 15c2-12(b)(5) significant events, and for Community Facilities Districts and Marks-Roos Bond Pooling Districts, providing a report to the California Debt and Investment Advisory Commission as required annually for bonds issued after January 1, 1993, and for cases in which CITY utilizes a Reserve Fund to meet a debt service obligation. 2. Annual Reports. CONSULTANT will prepare, in coordination with CITY, various annual reports to meet the requirements of continuing disclosure. Reports may contain information about district status including development and improvement status, assessed property tax value, tax rate, over-lapping bonded debt obligations, bond fund balances, portfolio details, delinquency status, absorption updates, and significant event reporting. 3. Dissemination. CONSULTANT will, at the direction of the CITY, file required continuing disclosure reports with the Dissemination Agent for the district. CONSULTANT will post disclosure reports on our and/or the CITY'S Internet Web site. 4. Secondary Disclosure. At the request of a seller of taxable property within a special district, CONSULTANT will provide the Notice of Special AssessmentlTax document, as required by State Law. Services related to the request for disclosure documents from parties other than the CITY or property owner (e.g., real estate agents and title companies) shall be at the expense of the requesting party pursuant to Article 4, Section 53340.2 of the Government Code. C. DELINQUENCY MANAGEMENT. 1. Delinquency Policy. CONSULTANT will review and make recommendations to CITY that any policies established related to the collection of delinquent special taxes or special assessments are consistent with the foreclosure covenant and/or with the requirements of the bond issue for each district. 2. Delinquency History. CONSULTANT will maintain a database that includes a regularly updated delinquency history of the parcels located in each district, as derived from the County property tax system. Delinquency history shall include delinquent amounts for each parcel including penalties and interest due, reference to those parcels that have been referred to Foreclosure Counsel, and prior year delinquencies that have been paid. 3. Delinquency Tracking and Reporting. CONSULTANT will research the records of the County Tax Collector for payment information to determine which parcels are delinquent after the December 10 and April 10 property tax installment due dates, after June 30 and prior to the date in which the CITY is obligated to initiate foreclosure proceedings under the foreclosure covenant. Delinquency reports will include parcel lists showing the Assessor Parcel Numbers, property owner and delinquent amount for each parcel. Reports will be prepared in February, May, July and September to reflect the delinquency status of parcels after each installment due date, the end of the fiscal year and prior to the date foreclosure is required by the foreclosure covenant. 4. Notification to Delinquent Property Owners. At the request of CITY, CONSULTANT will prepare and mail letters (on CITY letterhead), via first- class mail, registered return receipt (if request), to property owners at the times and in the format determined by the delinquency policy. CONSULTANT will respond to public requests regarding delinquent notices and shall prepare, as necessary, statements to the requesting party of all amounts delinquent including penalties, interest, and roll removal fees. 5. Removal from Rolls. CONSULTANT will prepare correspondence to the Auditor/Controller-Recorder's Office for removal of delinquent special taxes or assessments from the tax rolls in the event these amounts are paid directly to the particular district. 6. Foreclosure Coordination. CONSULTANT will assist in preparing documents submitted to the City Council requesting authorization of foreclosure action. CONSULTANT will provide delinquent amounts (including penalty and interest) to Foreclosure Counsel in the event that foreclosure proceedings are initiated. CONSULTANT will prepare case files of delinquency data for Foreclosure Counsel and provide technical support or act as an expert witness on behalf of the CITY and Foreclosure Counsel as required in the preparation and litigation of foreclosure cases. 7. Direct Payments. CONSULTANT will coordinate direct collections of individual delinquencies and deposits with the Fiscal Agent, not immediately referred for foreclosure, as requested by CITY. 8. Payment Plans. CONSULTANT will monitor payment plans established under the direction of CITY or Foreclosure Counsel and shall report any collection or missed installment of participant in payment plan. CONSULTANT shall prepare notification/demand letters pursuant to the payment plan and authorized schedule, when necessary. The following Scope of Work applies to Weed Abatement A. DISTRICT ADMINISTRATIVE SERVICES. 1. Information. CONSULTANT will receive from the City each parcel's charge for the current fiscal year in one of the following formats: ASCII, Access, dBase, spreadsheet, or any other Microsoft product. 2. Lien Recordation. CONSULTANT shall prepare the necessary paperwork to record a lien against properties as provided by the City with the Riverside County Recorders Office within two weeks of receipt of such information. 3. Annual Levy. CONSULTANT shall use the information provided to prepare the annual levy for the City in a format and electronic media acceptable for direct submission to the Auditor-Controller's office and shall adjust and correct the levies (if necessary) as provided by the City within one week of the recordation of the lien. CONSULTANT will provide staff with hard copy of the parcels levied. If corrections/revisions after the deadline are necessary, CONSULTANT will research and follow staff's direction to recify the issue. B. PRIMARY CONTACT WITH PUBLIC. CONSULTANT can serve as the initial contact with the public regarding the levy. A telephone number of the CONSULTANT's designation can appear on the regular property tax bill next to the special tax. C. DELINQUENCY MANAGEMENT. 1. Delinquency Tracking and Reporting. CONSULTANT will research the records of the Riverside County Tax Collector for payment information to determine which parcels are delinquent after the December 10 and April 10 property tax installment due dates. Delinquency reports will include parcel lists showing the APN, property owner and delinquent amount for each parcel. 2. Delinquency History. CONSULTANT will maintain a database that includes a regularly updated delinquency history of the parcels, as derived from the Riverside County property tax system. Delinquency history shall include delinquent amounts for each parcel including penalties and interest due, and prior year delinquencies that have been paid. 3. Notification to Delinquent Property Owners. (Optional at City's direction) CONSULTANT will prepare and mail letters (on letterhead), via first-class mail to property owners at the times and in the format determined by the delinquency policy of the City. CONSULTANT will respond to public requests regarding delinquency notices and shall prepare, as necessary, statements to the requesting party all amounts delinquent including penalties, interest, and roll removal fees. 4. Removal from Rolls. CONSULTANT will prepare correspondence to the Auditor-Controller's Office for removal of delinquent payment from the tax rolls in the event these amounts are paid directly to the City. EXHIBIT B PAYMENT RATES AND SCHEDULE Payment Rate & Schedule is as provided by the Consultant attached hereto and incorporated herein as though set forth in full, but in no event shall total sum of the work exceed $58,500.00 R:\Finance\Purchasjng\AgreeementsA~L.05.06\Canty Engineering. FIN05-02 7/1812005 SECTION 3 PROPOSED COMPENSATION We strive to provide efficient and cost effective services. We accomplish this by managing all aspects of district administration, including but not limited to, annual enrollment, delinquency management, and continuing disclosure. It has been our policy to establish fair and equitable costs that are all in inclusive (no change orders or hidden fees). As such we would like to provide you with our proposed compensation based upon fixed fees for each Special District that includes all aspects of the enclosed Scope of Services. It is understood that the Consultant shall procure and maintain insurance policies evidencing coverage for the duration of the agreement and provide the City with original endorsements before work commences. District # District Name Pronosed Fee AD 03-04 John Warner $8,500 CFD 88-12 Ynez Corridor $6,000 CFD 88-12 Sales Tax $5,000 CFD 01-02 Harveston $10,000 CFD 03-06 Harveston II $5,500 CFD 03-01 Crowne Hill $8,500 CFD 03-03 Wolf Creek $10,000 FY 04/05 Weed Abatement $5,000 TOTALS 58,500 Additionally, we proposed to be compensated for services related to the preparation of Notices of Special AssessmentlTax pursuant to Article 4, Section 53340.2 of the Government Code. Compensation shall be paid by the requesting party if other than the property owner or CITY. Additionally, we proposed to be compensated for assessment apportionments (when necessary) described in the enclosed Scope of Services. Compensation shall be based on the following fee schedule and will be paid by the segregating property. Number of Newly Divided or Meraed Parcels Base Fee PLUS Per Parcel Fee Minimum Fee 1 thru 10 $1,250 $50.00 $1,500 11 thru 20 $1,400 $35.00 21 thru 50 $2,200 $15.00 51 thru 100 $3,000 $10.00 101 thru 200 $3,500 $5.00 Exceedina 200 $4,000 $2.50 ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC - CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 26,2005 SUBJECT: City Vehicle Maintenance Agreements PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1) Approve the Maintenance Agreement with Temecula Auto in the amount of $75,000 plus a 10% contingency. 2) Approve the Maintenance Agreement with Old Town Tire in the amount of $50,000 plus a 10% contingency. DISCUSSION: Vehicle maintenance agreements are needed to service the City's growing fleet so that appropriate preventive and operational maintenance services are available at all times. This automotive repair service will include vehicle maintenance, repair and tire service for City trucks, sedans, vans, and heavy equipment on an as needed basis. Please note that these service agreements are designed to supersede new vehicle manufacture's warranty services as they expire and any services that may not be covered under the manufacture's warranty. The reason for a difference in the amount of these agreements is that T emecula Auto is able to perform a wider variety of vehicular repairs and as such they will probably receive more repair orders. However, staff will order repair work from both businesses on an equal basis. On February 16, 2005, the City invited proposals for vehicle maintenance and tire services from local automotive repair businesses within reasonable proximity (2 mile radius) to City Hall. The RFP was mailed to 20 businesses and a site visit meeting was held on March 7,2005 at the City's maintenance yard to review and discuss the City's fleet of vehicles. The RFP filing deadline was March 21, 2005 and the City received two responses. Both responses meet the City's needs to perform scheduled preventive maintenance at 4, 12, 24, and 36 month intervals. Also, both businesses have sufficient facility space, equipment and trained technicians to perform a wide variety of automotive maintenance and repair functions as identified in the RFP. With these agreements in place, automotive repair services will be available to the City for continuous use throughout the term of the agreement. FISCAL IMPACT: Adequate funds a re a vailable in the Fiscal Year 05-06 Annual Operating Budget in the various City Department line item budgets. Attachments: Temecula Auto Agreement Old Town Tire Agreement 1 I~ FIN05-05 NON-EXCLUSIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA AUTO REPAIR & RADIATOR, INC. FOR VEHICLE MAINTENANCE SERVICES THIS AGREEMENT, is made and effective as of July 26, 2005, between the City of Temecula, a municipal corporation ("City") and Temecula Auto Repair & Radiator, Inc. ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 26, 2005 and shall remain and continue in effect until June 30, 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Vendor shall perform the vehicle maintenance services described in the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full for all vehicles presented by the City to the Vendor for service. Vendor shall complete the work in accordance with the standards and the schedule of performance which is also set forth in Exhibit A. Vendor understands this Agreement is non-exclusive and the City reserves the right to procure similar services from other Vendors. 3. PERFORMANCE. Vendor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the Schedule of Costs as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Seventy-Five Thousand Dollars and No Cents ($75,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The not to exceed payment amount listed herein is an estimated expenditure and this Agreement does not guarantee the Vendor this amount in contracted services and work. b. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Vendor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Vendor at the time City's written authorization is given to Vendor for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. c. Vendor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as R:\Finance\Purchasing\AgreementsM-Z.OS-06.Temecula Auto.FINDS-OS -1- July 19. 2005 to all non-disputed fees. If the City disputes any of Vendor's fees it shall give written notice to Vendor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least thirty (30) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Vendor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF VENDOR. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Vendor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Vendor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Vendor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Vendor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become R:\Finance\Purchasing\AgreementsM-Z.05-06. Temecula Auto.FIN05-o5 -2- July 19. 2005 the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Vendor. With respect to computer files, Vendor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form: No. CG 00 01 11 85 or 88 (2) Insurance Services Office Business Auto Coverage form: CA 00 01 0692 covering Automobile Liability code 1 (any auto). If the Vendor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Vendor is self- employed and has opted out of workers compensation insurance per State law. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Workers Compensation as required by the State of California; Employers Liability: $1,000,000 per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Vendor shall R:\Finance\Purchasing\AgreementsM-Z.05-06.Temecula Auto.FIN05..Q5 -3- July 19. 2005 procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraae. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed i by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements , effecting the coverage required by these specifications. I I , 10. INDEPENDENT CONTRACTOR. a. Vendor is and shall at all times remain as to the City a wholly independent : contractor. The personnel performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Vendor or any of Vendor's officers, employees or agents, except as set forth in this Agreement. Vendor shall not at any i time or in any manner represent that it or any of its officers, employees or agents are in any I R:\Finance\Purchasing\AgreementsM~Z.05.06.Temecula Auto.FINDS-OS -4- July 19. 2005 , manner officers, employees or agents of the City. Vendor shall not incur or have the power to I incur any debt, obligation or liability whatever against City, or bind City in any manner. ' b. No employee benefits shall be available to Vendor in connection with the : performance of this Agreement. Except for the fees paid to Vendor as provided in the i Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing : services hereunder for City. City shall not be liable for compensation or indemnification to I Vendor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of i State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with th is section. 12. RELEASE OF INFORMATION. a. All information gained by Vendor in performance of this Agreement shall be considered confidential and shall not be released by Vendor without City's prior written , I authorization. Vendor, its officers, employees, agents or subcontractors, shall not without I written authorization from the City Manager or unless requested by the City Attorney, voluntarily : provide declarations, letters of support, testimony at depositions, response to interrogatories or i other information concerning the work performed under this Agreernent or relating to any project i or property located within the City. Response to a subpoena or court order shall not be : considered "voluntary" provided Vendor gives City notice of such court order or subpoena. I b. Vendor shall promptly notify City should Vendor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Vendor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the I other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, I Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Vendor: Temecula Auto Repair & Radiator, Inc. 43191 Rancho Way Temecula, CA 92590 Attn: Graham Eves R:\Finance\Purchasing\AgreementsM-Z.05-06. Temecula Auto.FINDS-OS -5- July 19, 2005 14. ASSIGNMENT. The Vendor shall not assign the performance of this. Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of ' the City. Upon termination of this Agreement, Vendors sole compensation shall be payment for ' actual services and work performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Manager and the Vendor. 15. LICENSES. At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event litigation over this Agreement is filed, the prevailing party in the litigation shall be entitled to reasonable attorney fees and litigation expenses as determined by the Court. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non- I contractual, financial or otherwise, in this transaction, or in the business of the Contractor or I Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this I Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. //11 R:\Finance\Purchasing\AgreementsM-Z.OS.06. T emecula Auto.FIN05-0S -6- July 19, 2005 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney VENDOR Temecula Auto Repair & Radiator, Inc. Attn: Graham Eves 43191 Rancho Way Temecula, CA 92590 Phone (951) 694-1373 Fax (951) 694-0794 By: Name: Title: By: Name: Title: Two Signatures Required for Corporations R:\Finance\Purchasing\AgreementsM-Z.05-06. T emecura Auto.FINDS-OS -7- July 19. 2005 EXHIBIT A SCOPE OF WORK Vendor recognizes and agrees that this Agreement is for the purpose of establishing a: contractual relationship between the City and the Vendor for non-exclusive vehicle maintenance: and repair services. All work performed shall be per the attached proposal provided by the: Vendor per Request for Proposal (RFP) dated 4/4/05 attached hereto and incorporated herein I as though set forth in full. Vendor shall also supply the City with detailed vehicle maintenance, I repair and smog reporting on a quarterly basis and/or as requested by City. The procedure for authorizing service and work is set forth as follows: 1. City staff shall initiate request for services or repair and bring City vehicle to Vendors place of business. Vendor shall supply a written quote for work to be performed which shall include, but is not limited to: vehicle make, model, and number, description of work i to be performed, time for completion of servicelrepair, estimated time and cost for . service/repair to be completed. 2. Upon acceptance of the Vendor's cost estimate by City authorized staff the Vendor shall proceed with the work and charge to the appropriate purchase order. Vendor shall maintain a computerized maintenance and repair history on each City vehicle and provide data on a quarterly basis, or as requested, to City. R:\Finance\Purchasing\AgreementsM-Z.OS-QS.Temecula Auto.FINOS-OS -8- July 19, 2005 CITY OF TEMECULA VEHICLE MAINTENANCE & TIRE SERVICE PROGRAM FOR CITY OF TEMECULA VEHICLES SPECIFICATIONS/SCOPE OF WORK EXHIBIT "A" VEHICLE MAINTENANCE: 1. Vendor shall provide vehicle maintenance and repair for all City cars, vans, trucks, off- road vehicles, emergency vehicles and general/heavy equipment. 2. Vendor shall provide a secured area for City vehicles that are held over night for service. 3. Vendor shall have state-of-the art electronic diagnostic equipment required to monitor and smog City vehicles. 4. Vendor must use a computerized vehicle unit maintenance record system capable of providing complete maintenance history by vehicle make, model, City vehicle number, license number, VIN, class, fuel type, and department. System should be capable of providing standard reports cataloging maintenance, and odometer readings for each vehicle number with associated work orders, parts, labor, material costs, tasks/maintenance performed by the Vendor, and date of service. These reports shall be made available to the City as scheduled. This schedule will be established with the Vendor upon award of the contract. 5. Vendor must be able to provide an adequate number of bays in the shop to ensure completion of basic repairs within 24 hours of receipt of vehicle with a priority being placed on servicing public safety vehicles. The finalization of all repairs will be quoted and approved by authorized City staff prior to the commencement of work. Vendor shall please state if onsite mobile services can be provided. 6. Any outsourcing of maintenance shall be approved by authorized City personnel prior to the job being performed. Failure to obtain approval may result in a breach of contract. 7. Authorized City personnel shall have the ability to view any work in progress for City vehicles. B. Vendor shall furnish all tools, training, parts, equipment, labor and related services to perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract. 9. Vendor shall provide preventative maintenance as outlined in the maintenance schedules 1-4 listed on pages 14-20. Pricing for preventative maintenance will include parts, labor, materials, and any required inspections. Any additional service or repair shall be pursuant to the schedule of parts pricing discount and labor rate provided within the proposal supplied by the Vendor. The maintenance, pricing and billing schedule will be incorporated into a contract negotiated between the City of Temecula and Vendor. All additional work other than normal preventative maintenance must be authorized prior to commencement of work. MAINTENANCE SCHEDULE Preventative Maintenance Schedule 1 will be performed every 4 months or 4,000 rniles, whichever comes first. Preventative Maintenance Schedule 2 will be perforrned at twelve rnonth intervals. 8 Preventative Maintenance Schedule 3 will be performed every twenty-four months. Preventative Maintenance Schedule 4 will be performed at thirty-six month intervals. Note: Definition Of Size: Small Vehicles - Automobiles, Minivans, and % and 3/4 ton trucks. Larae Vehicles - Vans, 1 ton trucks and larger, off-road vehicles, and 4 wheel drive vehicles to include Paramedic Emergency Vehicles. Heavv Eauipment - Tractors, Backhoe, Utility Trucks, and Trailers. 10. Vendor shall provide six (6) month warranty for labor and manufacturer's warranty on parts. 11. Vendor, mechanic or employee performing service for the City shall have all licenses and/or permit(s) required by the City and the State of California to perform maintenance, tire and smog inspection services, as applicable. 12. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of $1,000,000. 13. Vendor agrees to accept additions/deletions to the current City Vehicle List and provide service to any additions at rates outlined in the proposal during the term of the contract. TIRE SERVICE & REPAIR: 1. Tire service and repair will also be part of this proposal. Tire service will include balancing, tire mounting, alignments, repair of tires with slow leaks and any flat tires noted at the Vendor's maintenance facility. All tire service must be performed to industry and manufacturer's standards (flat tire repairs on the road will be serviced by the Automobile Club of Southern California AAA). Pricing for tire service will include dismounting the old tire, mounting new tire, wheel balancing, installing new valve stem, and general materials related to the installation of a tire. The vendor may invoice the City separately for the following billable items: 1. New Tires 2. Recap tires and tubes 3. Tire disposal, only if there is a charge to the Vendor The pricing and billing schedule for tire service will be incorporated into a contract negotiated between the City of Temecula and Vendor. Any servicing or purchasing of tires, or recapping of tires, must be authorized prior to completion. Please note: tire changing for Paramedic vehicles (medic squad's) require the removal of the aluminum rims which require specific tools for job. 2. Vendor will provide tire service and repair for all City cars, vans, trucks, off-road, emergency vehicles and standard and heavy equipment. Priority service will be given to public safety vehicles. 3. Vendor shall provide an adequate number of bays in the shop to ensure completion of tire changes within two (2) hours of receipt of a vehicle. 4. Vendor must use a computerized vehicle unit maintenance record system capable of providing complete tire service history by vehicle make, model, vehicle number, license 9 number, VIN, class and department. System should be capable of providing to the City standard reports cataloging dismounting of tires, mounting of tires with new valve stem, wheel balancing, alignments, new tire purchases, recap tires and tubes, tire disposal and any other service or billable items. These reports shall be made available to the City as scheduled. This schedule will be established with the Vendor upon award of contract. 5. Any outsourcing of tire services shall be approved by authorized City personnel prior to the commencement of the job. Failure to obtain this approval may result in a breach of contract. 6. Authorized City personnel shall have the ability to view any work in progress for City vehicles. 7. Vendor shall furnish all tools, training, parts, equipment, labor and related services to perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract. 8. All tires mounted on City vehicles must be new, unless the vehicle is approved for recap tires by authorized City staff. All new tires must have re-treadable casings and have the capability to run the full life of the second tread. Note: All re-cappable tires shall be recapped. Tires shall be recapped using full cap Pre-Cure or mold cure, such as Bandag, Oliver, or equal. The City reserves the right to reject re-caps, which, in the opinion of authorized City personnel, do not meet quality standards. A recap rejection rate of 10% or higher may result in termination of the contract. All casings sent for recapping shall be marked to identify them as property of the City of Temecula. The Vendor shall ensure that the same casings sent for recapping are returned to the City after recapping, and are not utilized on non-City vehicles or sold to other customers. Re-cap tires shall not be utilized for Paramedic emergency vehicles (medic squad's). 9. Tires shall be of tubeless design and have re-treadable casings. Each tire must meet or exceed the listed Uniform Tire Quality Guide ratings. Vendor may be required to submit proof that tires offered meet these standards. For comparison purposes, the City reserves the right to purchase up to 5% of its tire needs from other sources. 10. Inner tubes shall meet all Federal government requirements for design, materials, construction, performance and quality. 11. Vendor will be responsible for removal and disposal of all non-usable tires. These tires will become the property of the Vendor and disposal will be Vendor's responsibility. These tires may not be land filled. 12. Vendor shall provide a thirty (30) day warranty for labor and manufacturer's warranty on parts/materials for tires. 13. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of $1,000,000. INSTRUCTIONS. CONDITIONS. LEGAL REQUIREMENTS: 1. All maintenance repair and tire services will be performed at the Vendor's service shop with the exception of onsite mobile services, if provided. All services provided by the Vendor shall be performed in strict accordance with the manufacturer's standards and 10 number, VIN, class and department. System should be capable of providing to the City standard reports cataloging dismounting of tires, mounting of tires with new valve stem, wheel balancing, alignments, new tire purchases, recap tires and tubes, tire disposal and any other service or billable items. These reports shall be made available to the City as scheduled. This schedule will be established with the Vendor upon award of contract. 5. Any outsourcing of tire services shall be approved by authorized City personnel prior to the commencement of the job. Failure to obtain this approval may result in a breach of contract. 6. Authorized City personnel shall have the ability to view any work in progress for City vehicles. 7. Vendor shall furnish all tools, training, parts, equipment, labor and related services to perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract. 8. All tires mounted on City vehicles must be new, unless the vehicle is approved for recap tires by authorized City staff. All new tires must have re-treadable casings and have the capability to run the full life of the second tread. Note: All re-cappable tires shall be recapped. Tires shall be recapped using full cap Pre-Cure or mold cure, such as Bandag, Oliver, or equal. The City reserves the right to reject re-caps, which, in the opinion of authorized City personnel, do not meet quality standards. A recap rejection rate of 10% or higher may result in termination of the contract. All casings sent for recapping shall be marked to identify them as property of the City of Temecula. The Vendor shall ensure that the same casings sent for recapping are returned to the City after recapping, and are not utilized on non-City vehicles or sold to other customers. Re-cap tires shall not be utilized for Paramedic emergency vehicles (medic squad's). 9. Tires shall be of tubeless design and have re-treadable casings. Each tire must meet or exceed the listed Uniform Tire Quality Guide ratings. Vendor may be required to submit proof that tires offered meet these standards. For comparison purposes, the City reserves the right to purchase up to 5% of its tire needs from other sources. 10. Inner tubes shall meet all Federal government requirements for design, materials, construction, performance and quality. 11. Vendor will be responsible for removal and disposal of all non-usable tires. These tires will become the property of the Vendor and disposal will be Vendor's responsibility. These tires may not be land filled. 12. Vendor shall provide a thirty (30) day warranty for labor and manufacturer's warranty on parts/materials for tires. 13. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of $1,000,000. INSTRUCTIONS. CONDITIONS. LEGAL REQUIREMENTS: 1. All maintenance repair and tire services will be performed at the Vendor's service shop with the exception of on site mobile services, if provided. All services provided by the Vendor shall be performed in strict accordance with the manufacturer's standards and 10 State of California specifications. Tires used must be those identified by the vehicle manufacturer as suitable for the make and model of the vehicle. 2. Vendor to provide preventative maintenance as outlined in the attached schedules 1-4. Pricing for preventative maintenance will include all parts, labor, materials, and any required inspections. Any additional service or repair shall be pursuant to the schedule of parts pricing discount and labor rate provided within the proposal supplied by the Vendor. This schedule will be incorporated into a contract negotiated between the City of Temecula and the Vendor. All additional work other than normal preventative maintenance must be approved by authorized City personnel prior to commencement of work. 3. Tire mounting for passenger vehicles and light trucks will consist of dismounting old tire, mounting new one, wheel balancing and installing new valve stem. Prices quoted for tire mounting shall include each of these services. All new tire mounting must be approved by authorized City personnel prior to installation. 4. The City uses steel belted radial tires with minimum 60,000 mile expectancy. Prices for tires cannot be higher than government prices as published by these manufacturers. The City requests that Vendors submit copies of current government price lists with proposal. 5. The City reserves the right to negotiate terms and specifications/scope of work with the highest ranked Vendor. If an agreement cannot be negotiated the City reserves the right to negotiate with any other finalist. 6. Vendor shall identify those repairs and/or jobs that will be outsourced to a subcontractor or sub-vendor. The prime Vendor will be responsible for verifying the qualifications and validity of all licenses or permits for any outsourced work to sub-vendors. The main Vendor is also responsible for paying its employees and any sub-vendors the prime Vendor hires. 7. Selected Vendor is required to comply with all existing State and Federal labor laws. Selected Vendor is also responsible for complying with all OSHA standards and requirements. If Vendor outsources any work or job to a sub-vendor, it will be the prime Vendors responsibility to ensure that all sub-vendors meet the requirements as stated in this RFP. 8. The successful Vendor shall be an independent contractor, and nothing shall be construed to cause the Vendor to be deemed or represent itself as an agent or employee of the City. The Vendor shall defend, indemnify, and hold the City of Temecula, its officers, agents, and employees harmless from any and all causes of action or claims of damages arising out or related to the Vendors performance under this contract. 9. The selected Vendor agrees to maintain a City of Temecula Business License for the duration of the contract. 10. All work shall be done by qualified personnel. Vendor will provide copies of all Federal, State, County, City and DMV licenses and/or certificates and permits authorizing the shop and its personnel to perform vehicle maintenance, repair and servicing, as well as tire repair, service and sales. 11. Vendor must maintain adequate inventory of parts, labor and shop facilities to perform all work described in this RFP and within the time limits established. Vendor shall identify any work and/or service that will be outsourced. ' 11 12. The Vendor shall provide a local telephone number where service personnel can be reached on an "on call" basis twenty-four (24) hours a day, seven days per week. This telephone number will be made available to all authorized personnel designated by the City. 13. The Vendor shall submit a list of at least five (5) references that have purchased similar services from the Vendor. Vendor shall provide company name, contact name and phone number for each reference. 14. The term of the contract shall commence upon award by the City Council and continue through June 30, 2006. The City reserves the option to extend the contract(s) under the same terms and conditions for a maximum of two (2) additional one-year terms with adjustments annually July 1st of each year based on the Consumer Price Index (CPI) for Riverside County. 15. The contract between Vendor and the City is non-transferable. Vendor shall under no circumstances assign the agreement without written permission of the City. Vendor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change. 12 PREVENTATIVE MAINTENANCE SCHEDULE "1" Performed Every 4 Months, or 4,000 Miles SMALL VEHICLE 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, 4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brakes, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads, 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail,). 11. Check Tires For Inflation & Wear (Including Spare) Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs,. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. PREVENTATIVE MAINTENANCE SCHEDULE "1" Performed Every 4 Months or 4,000 Miles LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, etc. 4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all 'YO or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail, etc.). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment 19. Check Clutch Adjustment, Electric Brake Controls (If Equipped). 20. Rotate Tires and Balance. 21. Check Trailer Hitch & Bumper Safety Chain. 22. Check 2-Speed Axle Fluid/Adjustment. 23. Check Operation of Back-up Alarm. 24. Drain and Re-fill Differential Gear Lube. 25. Check and Adjust Air Brakes To Specification. 26. Inspect Air Reservoirs, Lines, Relays, Dryers, etc. 13 PREVENTATIVE MAINTENANCE SCHEDULE "2" Performed At 12 Month Intervals SMALL VEHICLE 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, etc. 4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment. 19. Check Clutch Adjustment, Electric Break Controls (If Equipped). 20; Check Ignition System/Scope/Analyzer. 21. Change Fuel Filter & Replace Air Filter. 22. Rotate Tires & Balance. PREVENTATIVE MAINTENANCE SCHEDULE "2" Performed At 12 Month Intervals LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S 1. Lube. Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves. 4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment 19. Check Clutch Adjustment, Electric Brake Controls (If Equipped). 20. Rotate Tires and Balance. 21. Check Trailer Hitch & Bumper Safety Chain. 22. Check 2-Speed Axle Fluid/Adjustment. 14 23. Check Operation of Back-up Alarm. 24. Change Fuel Filter & Replace Air Filter. 25. Drain and Re-fill Differential Gear Lube. 26. Check For Frame Cracks, Faulty Welds. 27. Check Dump Truck and Tilt Bed Pivot Pin. 28. Check Packing/Seals on Cylinders, Hydraulic Oil. 29. Check and Adjust Air Brakes To Specification. 30. Check Brakes For Wear and Adjustment. 31. Inspect Air Reservoirs, Lines, Relays, Dryers, etc. PREVENTATIVE MAINTENANCE SCHEDULE "3" Performed Every 24 Months SMALL & LARGE VEHICLES 1. Smog Check. 2. Provide Certificate PREVENTATIVE: MAINTENANCE SCHEDULE "4" Performed At 36 Month Intervals SMALL VEHICLE 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves. 4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Ped. Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment. 19. Check Clutch Adjustment, Electric Break Controls (If Equipped). 20. Check Ignition System/Scope/Analyzer. 21. Change Fuel & Air Filter. 22. Rotate Tires & Balance. 23. Service Transmission, Replace Filter. 24. Change All Belts, Hoses, Thermostat. 25. Flush Cooling System, Install New Coolant. 26. Repack Wheel Bearing, Replace Grease Seals. 27. Check Door Handles, Lube Hinges, etc. 15 PREVENTATIVE MAINTENANCE SCHEDULE "4" Performed At 36 Month Intervals LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, etc. 4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Ped. Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare). 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment 19. Check Clutch Adjustment, Electric Brake Controls (If Equipped). 20. Rotate Tires and Balance. 21. Check Trailer Hitch & Bumper Safety Chain. 22. Check 2-Speed Axle Fluid/Adjustment. 23. Check Operation of Back-up Alarm. 24. Change Fuel & Air Filter. 25. Drain and Re-fill Differential Gear Lube. 26. Check For Frame Cracks, Faulty Welds. 27. Check Dump Truck and Tilt Bed Pivot Pin. 28. Check Packing/Seals on Cylinders, Hydraulic Oil. 29. Check and Adjust Air Brakes To Specification. 30. Check Brakes For Wear and Adjustment. 31. Inspect Air Reservoirs, Lines, Relays, Dryers. 32. Check Door Handles, Lube Hinges, etc. 33. Check Front Suspension, Hitch Bolts, and Steering Linkage. 34. Check Ignition System/Scope/ Analyzer. 35. Rotate Tires and Balance. 36. Service Transmission, Replace Filter. 37. Change All Belts, Hoses, Thermostat. 38. Flush Cooling System, Install New Coolant. 39. Repack Wheel Bearing, Replace Grease Seals. 16 EXHIBIT B SCHEDULE OF COSTS Payment shall not exceed $75,000.00 for the term of this Agreement and Vendor shall adhere to the terms and conditions and pricing set forth in this Agreement and the attached Request for Proposal (RFP) Pricing Sheet dated 4/4/05 for the term of this Agreement attached hereto and incorporated herein as though set forth in full. All costs shall be based on actual time spent providing pre-approved vehicle maintenance and repair services. Vendor has also agreed to an early pay discount of 2% for any payments made to Vendor by City within 30 days of receipt of non-disputed invoice. R:\Finance\Purchasing\AgreementsM-Z.05-06.TemecuJa Auto.FINDS-OS -9- July 19, 2005 CITY OF TEMECULA VEHICLE MAINTENANCE & TIRE SERVICE PROGRAM FOR CITY OF TEMECULA VEHICLES PROPOSAL SHEET EXHIBIT" A" VEHICLE MAINTENANCE - May 1, 2005 - June 30, 2006 DESCRIPTION COST Preventative Maintenance - Small Vehicle - Schedule "I" $120.98 to $195.95 Preventative Maintenance - Large Vehicle - Schedule "I" $431.50 to $489.50 Preventative Maintenance - Small Vehicle - Schedule "2" $165.99 to $300.95 Preventative Maintenance - Large Vehicle - Schedule "2" $563.18 to $682.00 Preventative Maintenance - Smog All Vehicles - Schedule "3" $49.95 Preventative Maintenance - Small Vehicle - Schedule "4" $855.95 (see note below) Preventative Maintenance - Large Vehicle -Schedule "4" $1360.18 (see note below) Shop Rate - Per Hour: Standard Vehicles & Trucks Heavy Duty & Paramedic Vehicles Parts Will Be charge at Wholesale Prices - Minus the Percentage listed. $65.00 $65.00 5% TIRE SERVICE DESCRIPTION COST Tire Mounting: Includes Balancing Upt032 in $15.00 Passenger Cars & Vans/Light Duty Trucks Low Profile 20.00 Heavy Duty Trucks / Paramedic Emergency Vehicles Oversized 33 in & up 25.00 Wheel Balancing $8.00 per tire Alignments $49.95 to $89.95 Flat Repairs $10.00 Tire Disposal $3.00 Recap Tires N/A Tubes $12.00 Shop Rate - Per Hour: Standard Vehicles & Trucks $65.00 Heavy Equipment & Miscellaneous Equipment $65.00 Parts will be charged at wholesale prices - minus the 5% percentage listed. Sevice on the Fire Department Ladder Truck 2004 KME #73 Schedule I - $622.50 Schedule 2 - $750.00 Schedule 4 - $2140.00 Pricing will vary according to parts needed at time of scheduled maintenance. Prices quoted aDove are ranges only. Each vehicle will need to De quoted separately. A detailed quote on each city vehicle can De provided upon request. STATEMENT OF QUALIFICATIONS 1. Attach a statement of qualifications outlining vendor's corporate profile and experience in providing the services, parts and labor required by this RFP. 2. Attach a list of client references, to include the following information for each reference: Reference Company Name Point of Contact Company Street Address City, State, Zip Code Telephone Number 3. Attach a statement of warranty for all work to be provided. 4. Attach a copy of all City, County, Federal and State licenses required, as applicable. 5. Attach a copy of resumes or licenses/permits for all personnel in your shop who will be servicing City vehicles. 6. Selected Vendor will provide the following documentation upon execution of the contract: 1. Certificate of Insurance for: Workers Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of $1,000,000 per occurrence. 2. Emergency contact name and 24 hour phone number. 7. a Attach a listing of the number of service bays in shop and the number of staff on payroll. Include statement that Vendor can comply with requirement #3 in Part II, page 4 of this RFP. 8. Early Pay Discount: A ~ % discount is offered for payment within :30 days. (Note: No less than 15 days will be considered for purpose of bid evaluation). By signing this RFP, Vendor has read and will comply with all terms and conditions herein. Signature of A thorized Representative ~ GrCLha.~ Elf..." CPo Printed Name & Tille 1erouu.lc.. Au.+o kp~',( ~9oJ;o..--k( Inc. Business Name & Location 18 CITY OF TEMECULA REQUEST FOR PROPOSAL VEHICLE MAINTENANCE & TIRE SERVICE Temecula Auto Repair & Radiator, Inc. Corporate profile Graham Eves had a vision for the auto repair industry in the Temecula Valley. That vision has become Temecula Auto & Radiator, Inc. The facility is impeccable, his employees some of the best in the business, and his philosophy is simple - put the customers' needs first. So, how did a young man from England end up in sunny Southern California to develop a thriving business? Raised in South London, England, Graham grew up under the tutelage of his father, Raymond Walter Eves, a master in automotive repair. Graham credits his father for instilling in him the love of cars. Graham came to Canyon Lake, California on a water- skiing trip, where he met his wife, Holly, and never looked back. He jumped when the opportunity arose to manage an automotive repair shop, and through that experience began to envision what it would take to build a great automotive repair business - a combination of excellent customer service, a comfortable and clean environment for customers and employees alike, and access to the latest technologies available in the industry. On October 20, 1985, the vision became reality with the opening ofTemecula Auto Repair and Radiator. Graham's way with people and talent for business management saw his business blossom from a two-bay garage to fourteen-bays. His much loved Rotweiler, Auto, was there to greet customers with wagging tail and friendly demeanor. Graham has admitted that in the early days, customers would come to play with Auto, as much as to have their cars serviced! Earning a reputation for honesty, reliability and fairness, Temecula Auto Repair continued to grow and prosper and was rapidly outgrowing their space. Eves began his search for the ideal piece of property to build his dream facility exactly to his specifications. The finished building was opened on July 13, 2002 - a 23,000 square foot, 14-bay facility with state of the art equipment, and a waiting room that is a customers' dream come true. Security with Internet cameras allows Graham to observe the shop and building from anywhere in the world. The in-house databank allows technicians instant access to detailed specifications on every make and model car, from detailed wiring diagrams to exhaust and carburetor parts, making service incredibly efficient. Clients who come in for quick adjustments or oil changes are delighted to find Internet access; three television monitors tuned to the channel of their choice; or are given the opportunity to view a feed from the shop where technicians are working their magic on individual automobiles. Temecula Auto Repair & Radiator, Inc. Whether surfmg the net, or watching daytime television, clients find many options for amusement in the beautiful waiting area. Temecula Auto Repair employs twenty-one valuable technicians and office support personnel who keep busy with the fast paced environment. "It's all about teamwork," says Eves, who recognizes that his employees are the key to his success in the Temecula Valley. The management team, including Graham who heads operations, is dedicated to customer satisfaction, which shows through his loyal customers. The shop offers services ranging from complicated driveability issues to lube services. Most import and domestic vehicles are serviced, as well as pickups, light trucks and medium duty trucks. In addition, the shop provides fleet repair services. Teamwork extends into the community, as Temecula Auto Repair has created dozens of jobs in the valley. It also is actively involved in numerous charities, such as the Boys and Girls Club and many high school activities. Graham Eves and his employees pride themselves on providing the best service possible with state of the art technology. Each member of the Temecula Auto Repair and Radiator team works to be efficient and reliable. His ultimate goal is for customers to feel complete confidence and satisfaction with every aspect of their visit to Temecula Auto Repair. Nothing says customer satisfaction like the amazing amount of word of mouth referrals and return customers that Temecula Auto Repair enjoys, a true indicator that this goal has indeed been accomplished. Shop stats Name: Temecula Auto Repair & Radiator, Inc. Location: Temecula, CA No. of Employees: 21 Square Footage: 23,000 Service bays: 14 Web site: www.temecularadiator.com Mission Statement: "Temecula Auto Repair & Radiator, Inc. is a service-oriented facility, recognized for excellence in the auto repair industry. We take pride in the integrity of who we are, the high quality of those we employ, and our total commitment to the customers that we serve." Temecula Auto Repair & Radiator, Inc. SHOP MANAGEMENT STRUCTURE CEO Graham Eves Shop Manager Terry Perusse Assistant Manager Steve Mortimer Office Personnel: Front Desk - Customer Service Marti Rose Dana Keil Accounting Department Christy Campbell Lee Anne Kawaguchi Parts Manager Brian Erickson Shop Helper/Courtesy Driver Erik Ramirez Technicians: Donald Zinck Joe Del Carmen Michael Cava Robert Ordway Kirk Hardy Thorn Quintus Errol Van Dijk Matthew Elek Randy Fox Ron Kurth Terry Richmond Danny Barre Temecula Auto Repair & Radiator, Inc. Temecula Auto Repair & Radiator, Inc. STATEMENT OF QUALIFICATIONS Temecula Auto Repair has over 18 years experience in the auto repair industry and is approved by the Automobile Club of Southern California. Regular business hours for Temecula Auto Repair are Monday through Friday 7:30am to 6:00pm and Saturday 7:30 am till noon. The shop uses the "Yes Management System" a state of the art shop management system. This system enables the shop to maintain customer service history along with the ability to produce fleet maintenance reports. The shop has ample parking and storage should it become necessary to keep a vehicle overnight. A stock of supplies necessary for regular maintenance is kept on hand. Temecula Auto repair is willing and able to furnish all tools, training, parts, equipmeni, labor and related service to perform the work necessary to fulfill the City Vehicle Maintenance and Tire service contract. Priority service will be given to servicing public safety vehicles. The auto repair technicians at Temecula Auto Repair collectively have many years of extensive experience and training in the industry. Please see attached resumes and certifications. Temecula Auto Repair & Radiator, Inc. technicians have the ability to diagnose the source of most repair problems quickly using excellent reasoning ability and a thorough knowledge of automobiles. During routine service, mechanics inspect, lubricate, and adjust engines and other components, repairing or replacing parts before they cause breakdowns. Temecula Auto Repair technicians will follow preventative maintenance schedules 1-4 as required by the City of Temecula Exhibit "A". Temecula Auto Repair & Radiator, Inc. uses a variety of machinery and tools in the performance of its repairs. The mechanics supply an array oftheir own personal tools and are supplied by the shop with power tools such as pneumatic wrenches to remove bolts quickly; machine tools such as lathes and grinding machines to rebuild brakes and other parts; welding and flame-cutting equipment to remove and repair exhaust systems and other parts; jacks and hoists to lift cars and engines; and growing variety of electronic service equipment, such as infrared engine analyzers and computerized diagnostic devices. Many of the technicians employed by Temecula Auto Repair have received special training in the repair of components such as electronic fuel injection or air-conditioners. In addition several of the shops mechanics have received specialized dealer training. Per AAA requirements the shop always has available an ASE certified Master Technician who is certified in eight different service areas, that include; electrical systems, engine repair, brake systems, suspension and steering, and heating and air conditioning. Temecula Auto Repair & Radiator, Inc. Additional Areas of Expertise Tune-up mechanics adjust the ignition timing and valves, and adjust or replace spark plugs and other parts to ensure efficient engine performance, using electronic test equipment to help them adjust and locate malfunctions in fuel, ignition, and emissions control systems. Automotive air-conditioning mechanics install and repair air-conditioners and service components such as compressors and condensers. Front-end mechanics align and balance wheels and repair steering mechanisms and suspension systems. Brake mechanics adjust brakes, replace brake linings and pads, repair hydraulic cylinders, turn discs and drums, and make other repairs on brake systems. Automotive-radiator mechanics clean radiators with caustic solutions, locate and solder leaks, and install new radiator cores or complete replacement radiators. Equipment I. V-Tech Master tech 2. Vetronix Tech 2 Pro 3. Sun Scope Machine 4. Lube System 5. Alignment Rack 6. 4 Post Motor Home Rack 7. Sold state Wheel Balancer Please find attached: I. List of client references 2. Sub-vendors 3. A statement of warranty 4. Technician resumes and certificates 5. Exhibit "A" Temecula Auto Repair & Radiator, Inc. Temecula Auto Repair & Radiator, Inc. SUB-VENDERS Advanced Automotive Smog 42274 Rio Nedo Ste #14 Temecula, CA 92590 A-I Auto Glass 620 Erica St. Escondido, Ca 92027 Vender comes to the shop TemecuIa Auto Repair & Radiator, Inc. FIN05-04 NON-EXCLUSIVE AGREEMENT BETWEEN THE CITY OF TEMECULA AND OLD TOWN TIRE & SERVICE LLC FOR VEHICLE MAINTENANCE SERVICES THIS AGREEMENT, is made and effective as of July 26, 2005, between the City of Temecula, a municipal corporation ("City") and Old Town Tire & Service LLC ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 26, 2005 and shall remain and continue in effect until June 30, 2006 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Vendor shall perform the vehicle maintenance services described in the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full for all vehicles presented by the City to the Vendor for service. Vendor shall complete the work in accordance with the standards and the schedule of performance which is also set forth in Exhibit A. Vendor understands this Agreement is non-exclusive and the City reserves the right to procure similar services from other Vendors. 3. PERFORMANCE. Vendor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Vendor monthly, in accordance with the payment rates and terms and the Schedule of Costs as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) forthe total term of the Agreement unless additional payment is approved as provided in this Agreement. The not to exceed payment listed herein is an estimated expenditure and this Agreement does not guarantee the Vendor this amount in contracted services and work. b. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Vendor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Vendor at the time City's written authorization is given to Vendor for the performance of said services. The City Manager may approve additional work not to exceed ten percent (1 0%) of the amount of the Agreement. c. Vendor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non- disputed fees. If the City disputes any of Vendor's fees it shall give written notice to Vendor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:\Finance\Purchasing\AgreementsM-Z.05-o6.0Id Town Tire.FIN05-04 -1- July 19, 2005 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor atleaslthirty (30) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Vendor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF VENDOR. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Vendor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Vendor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Vendor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Vendor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Vendor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Vendor. With respect to computer files, Vendor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. R:\Finance\Purchasing\AgreementsM-Z.05-06.0Id Town Tire.FIN05-04 -2- July 19, 2005 8. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form: No. CG 00 01 11 85 or 88 (2) Insurance Services Office Business Auto Coverage form: CA 00 01 0692 covering Automobile Liability code 1 (any auto). If the Vendor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Vendor is self-employed and has opted out of workers compensation insurance per State law. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Workers Compensation as required by the State of California; Employers Liability: $1,000,000 per accident for bodily injury or disease. c. Oeductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the R:\Finance\Purchasing\AgreementsM-Z.OS-06.0Id Town Tire.FINOS.04 -3- July 19, 2005 Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Vendor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coveraae. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Vendor or any of Vendor's officers, employees or agents, except as set forth in this Agreement. Vendor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way R:\Finance\Purchasing\AgreementsM-Z.05-06.0Jd Town Tire.FIN05-04 -4- July 19. 2005 affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Vendor in performance of this Agreement shall be considered confidential and shall not be released by Vendor without City's prior written authorization. Vendor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Vendor gives City notice of such court order or subpoena. b. Vendor shall promptly notify City should Vendor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obli- gation, to represent Vendor and/or be present at any deposition, hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Vendor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Vendor: Old Town Tire & Service 28700 Front Street T emecula, CA 92590 Attn: Karl Greene III 14. ASSIGNMENT. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Vendors sole compensation shall be payment for actual services and work performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Manager and the Vendor. 15. LICENSES. At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Vendor understand and agree that the Jaws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning R:\Finance\Purchasing\AgreementsM-Z.05-06.0Id Town Tire.FIN05-04 -5- July 19, 2005 this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. In the event litigation over this Agreement is filed, the prevailing party in the litigation shall be entitled to reasonable attorney fees and litigation expenses as determined by the Court. 17. PROHIBITED INTEREST. No officer, or employee of the City ofT emecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. /11/ R:\Finance\Purchasing\AgreementsM-Z.05-06.0Id Town Tire.FIN05-04 -6- July 19, 2005 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney VENDOR Old Town Tire & Service LLC Attn: Karl Greene III 28700 Front Street Temecula, CA 92590 Phone (951) 699-8040 By: Name: Title: By: Name: Title: Two Signatures Required for Corporations R:\Finance\Purchasing\AgreementsM-Z.05-06.0Id Town Tire.FINOS-04 -7- July 19, 2005 EXHIBIT A SCOPE OF WORK Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for non-exclusive vehicle maintenance and repair services. All work performed shall be per the attached proposal provided by the Vendor per Request for Proposal (RFP) dated 4/4/05 attached hereto and incorporated herein as though set forth in full. Vendor shall also supply the City with detailed vehicle maintenance, repair and smog reporting on a quarterly basis and/or as requested by City. The procedure for authorizing service and work is set forth as follows: 1. City staff shall initiate request for services or repair and bring City vehicle to Vendors place of business. Vendor shall supply a written quote for work to be performed which shall include, but is not limited to: vehicle make, model, and number, description of work to be performed, time for completion of service/repair, estimated time and cost for service/repair to be completed. 2. Upon acceptance of the Vendor's cost estimate by City authorized staff the Vendor shall proceed with the work and charge to the appropriate purchase order. Vendor shall maintain a computerized maintenance and repair history on each City vehicle and provide data on a quarterly basis, or as requested, to City. R:\Finance\Purchasing\AgreementsM-Z.05-06.0rd Town Tire.FINOS-Q4 -8- July 19, 2005 CITY OF TEMECU A VEHICLE MAINTENANCE & TIRE S RVICE PROGRAM FOR CITY OF TEMECULA EHICLES SPECIFICATIONS/SCOPE F WORK EXHIBIT "A" VEHICLE MAINTENANCE: 1. Vendor shall provide vehicle maintenance and r pair for all City cars, vans, trucks, off- road vehicles, emergency vehicles and general/h avy equipment. 2. Vendor shall provide a secured area for City vehic es that are held over night for service. 3. Vendor shall have state-of-the art electronic dia nostic equipment required to monitor and smog City vehicles. 4. Vendor must use a computerized vehicle unit aintenance record system capable of providing complete maintenance history by vehi Ie make, model, City vehicle number, license number, VIN, class, fuel type, and depa ment. System should be capable of providing standard reports cataloging maintena ce, and odometer readings for each vehicle number with associated work ord rs, parts, labor, material costs, tasks/maintenance performed by the Vendor, and date of service. These reports shall be made available to the City as scheduled. This chedule will be established with the Vendor upon award of the contract. 5. Vendor must be able to provide an adequate n mber of bays in the shop to ensure completion of basic repairs within 24 hours of r ceipt of vehicle with a priority being placed on servicing public safety vehicles. The fi alization of all repairs will be quoted and approved by authorized City staff prior to t. e commencement of work. Vendor shall please state If onslte mobile services ca be provided. 6. Any outsourcing of maintenance shall be approv d by authorized City personnel prior to the job being performed. Failure to obtain appr al may result in a breach of contract. 7. Authorized City personnel shall have the ability 0 view any work in progress for City vehicles. 8. Vendor shall furnish all tools, training, parts, eq ipment, labor and related services to perform work necessary to fulfill the City Vehicle aintenance and Tire Service contract. 9. Vendor shall provide preventative maintenan e as outlined in the maintenance schedules 1-4 listed on pages 14-20. Pricing for preventative maintenance will include parts, labor, materials, and. any required inspect ons. Any additional service or repair shall be pursuant to the schedule of parts pricing iscount and labor rate provided within the proposal supplied by the Vendor. The mainte ance, pricing and billing schedule will be incorporated into a contract negotiated betwee the City of Temecula and Vendor. Ail additional work other than normal preventati e maintenance must be authorized prior to commencement of work. MAINTENANCE SCHEDULE Preventative Maintenance Schedule 1 will be perf rmed every 4 months or 4,000 miles, whichever comes first. 8 Preventative Maintenance Schedule 2 will be perf rmed at twelve month intervals. Preventative Maintenance Schedule 3 will be performed every twenty-four months. Preventative Maintenance Schedule 4 will be performed at thirty-six month intervals. Note: Definition Of Size: Small Vehicles - Automobiles, Minivans, and ~ and 3/4 ton trucks. Larae Vehicles - Vans, 1 ton trucks and larger, off-road vehicles, and 4 wheel drive vehicles to Include Paramedic Emergency Vehicles. Heavv Eauloment - Tractors, Backhoe, Utility Trucks, and Trailers. 10. Vendor shall provide six (6) month warranty for labor and manufacturer's warranty on parts. 11. Vendor, mechanic or employee performing service for the City shall have all licenses and/or permit(s) required by the City and the State of California to perform maintenance, tire and smog inspection services, as applicable. 12. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of $1,000,000. 13. Vendor agrees to accept additions/deletions to the current City Vehicle List and provide service to any additions at rates outlined in the proposal during the term of the contract. TIRE SERVICE & REPAIR: 1. Tire service and repair will also be part of this proposal. Tire service will include balancing, tire mounting, alignments, repair of tires with slow leaks and any flat tires noted at the Vendor's maintenance facility. All tire service must be performed to industry and manufacturer's standards (flat tire repairs on the road will be serviced by the Automobile Club of Southern California MA). Pricing for tire service will include dismounting the old tire, mounting new tire, wheel balancing, installing new valve stem, and general materials related to the installation of a tire. The vendor may invoice the City separately for the following billable items: 1. New Tires 2. Recap tires and tubes 3. Tire disposal, only If there is a charge to the Vendor The pricing and billing schedule for tire service will be incorporated into a contract negotiated between the City of Temecula and Vendor. Any servicing or purchasing of tires, or recapping of tires, must be authorized prior to completion. Please note: tire changing for Paramedic vehicles (medic squad's) require the removal of the aluminum rims which require specific tools for job. 2. Vendor will provide tire service and repair for all City cars, vans, trucks, off-road, emergency vehicles and standard and heavy equipment. Priority service will be given to public safety vehicles. 3. Vendor shall provide an adequate number of bays in the shop to ensure completion of tire changes within two (2) hours of receipt of a vehicle. 4. Vendor must use a computerized vehicle unit maintenance record system capable of providing complete tire service history by vehicle make, model, vehicle number, license 9 number, VIN, class and department. System should be capable of providing to the City standard reports cataloging dismounting of tires, mounting of tires with new valve stem, wheel balancing, alignments, new tire purchases, recap tires and tubes, tire disposal and any other service or billable items. These reports shall be made available to the City as scheduled. This schedule will be established with the Vendor upon award of contract. 5. Any outsourcing of tire services shall be approved by authorized City personnel prior to the commencement of the job. Failure to obtain this approval may result in a breach of contract. 6. Authorized City personnel shall have the ability to view any work in progress for City vehicles. 7. Vendor shall furnish all tools, training, parts, equipment, labor and related services to perform work necessary to fulfill the City Vehicle Maintenance and Tire Service contract. 8. All tires mounted on City vehicles must be new, unless the vehicle is approved for recap tires by authorized City staff. All new tires must have re-treadable casings and have the capability to run the full life of the second tread. Note: All re-cappable tires shall be recapped. Tires shall be recapped using full cap Pre-Cure or mold cure, such as Bandag, Oliver, or equal. The City reserves the right to reject re-caps, which, In the opinion of authorized City personnel, do not meet quality standards. A recap rejection rate of 10% or higher may result in termination of the contract. All casings sent for recapping shall be marked to Identify them as property of the City of Temecula. The Vendor shall ensure that the same casings sent for recapping are returned to the City after recapping, and are not utilized on non-City vehicles or sold to other customers. Re-cap tires shall not be utilized for Paramedic emergency vehicles (medic squad's). 9. Tires shall be of tubeless design and have re-treadable casings. Each tire must meet or exceed the listed Uniform Tire Quality Guide ratings. Vendor may be required to submit proof that tires offered meet these standards. For comparison purposes, the City reserves the right to purchase up to 5% of its tire needs from other sources. 10. Inner tubes shall meet all Federal government requirements for design, materials, construction, performance and quality. 11. Vendor will be responsible for removal and disposal of all non-usable tires. These tires will become the property of the Vendor and disposal will be Vendor's responsibility. These tires may not be land filled. 12. Vendor shall provide a thirty (30) day warranty for labor and manufacturer's warranty on parts/materials for tires. 13. Vendor will provide a Certificate of Insurance covering Worker's Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of $1,000,000. INSTRUCTIONS. CONDITIONS, LEGAL REQUIREMENTS: 1. All maintenance repair and tire services will be performed at the Vendor's service shop with the exception of on site mobile services, if provided. All services provided by the Vendor shall be performed in strict accordance with the manufacturer's standards and 10 State of California specifications. Tires used must be those identified by the vehicle manufacturer as suitable for the make and model of the vehicle. 2. Vendor to provide preventative maintenance as outlined in the attached schedules 1-4. Pricing for preventative maintenance will include all parts, labor, materials, and any required inspections. Any additional service or repair shall be pursuant to the schedule of parts pricing discount and labor rate provided within the proposal supplied by the Vendor. This schedule will be incorporated into a contract negotiated between the City of Temecula and the Vendor. All additional work other than normal preventative maintenance must be approved by authorized City personnel prior to commencement of work. 3. Tire mounting for passenger vehicles and light trucks will consist of dismounting old tire, mounting new one, wheel balancing and installing new valve stem. Prices quoted for tire mounting shall include each of these services. All new tire mounting must be approved by authorized City personnel prior to installation. 4. The City uses steel belted radial tires with minimum 60,000 mile expectancy. Prices for tires cannot be higher than government prices as published by these manufacturers. The City requests that Vendors submit copies of current government price lIsts with proposal. 5. The City reserves the right to negotiate terms and specifications/scope of work with the highest ranked Vendor. If an agreement cannot be negotiated the City reserves the right to negotiate with any other finalist. 6. Vendor shall identify those repairs and/or jobs that will be outsourced to a subcontractor or sub-vendor. The prime Vendor will be responsible for verifying the qualifications and validity of all licenses or permits for any outsourced work to sub-vendors. The main Vendor is also responsible for paying its employees and any sub-vendors the prime Vendor hires. 7. Selected Vendor is required to comply with all existing State and Federal labor laws. Selected Vendor is also responsible for complying with all OSHA standards and requirements. If Vendor outsources any work or job to a sub-vendor, it will be the prime Vendors responsibility to ensure that all sub-vendors meet the requirements as stated in this RFP. 8. The successful Vendor shall be an independent contractor, and nothing shall be construed to cause the Vendor to be deemed or represent itself as an agent or employee of the City. The Vendor shall defend, indemnify, and hold the City of Temecula, its officers, agents, and employees harmless from any and all causes of action or claims of damages arising out or related to the Vendors performance under this contract. 9. The selected Vendor agrees to maintain a City of Temecula Business License for the duration of the contract. 10. All work shall be done by qualified personnel. Vendor will provide copies of all Federal, State, County, City and DMV licenses and/or certificates and permits authorizing the shop and its personnel to perform vehicle maintenance, repair and servicing, as well as tire repair, service and sales. 11. Vendor must maintain adequate inventory of parts, labor and shop facilities to perform all work described in this RFP and within the time limits established. Vendor shall identify any work and/or service that will be outsourced. 11 12. The Vendor shall provide a local telephone number where service personnel can be reached on an "on call" basis twenty-four (24) hours a day, seven days per week. This telephone number will be made available to all authorized personnel designated by the City. 13. The Vendor shall submit a list of at least five (5) references that have purchased similar services from the Vendor. Vendor shall provide company name, contact name and phone number for each reference. 14. The term of the contract shall commence upon award by the City Council and continue through June 30, 2006. The City reserves the option to extend the contract(s) under the same terms and conditions for a maximum of two (2) additional one-year terms with adjustments annually July 1st of each year based on the Consumer Price Index (CPI) for Riverside County. 15. The contract between Vendor and the City is non-transferable. Vendor shall under no circumstances assign the agreement without written permission of the City. Vendor shall notify the City, in writing, of ariy change in shop ownership at least thirty (30) days prior to said change. ) 12 PREVENTATIVE MAINTENANCE SCHEDULE "1" Performed Every 4 Months, or 4,000 Miles SMALL VEHICLE 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, 4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brakes, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads, 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail,). 11. Check Tires For Inflation & Wear (Including Spare) Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs,. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Slicker. 17. Road Test Vehicle, Check Power Brake Operation. PREVENTATIVE MAINTENANCE SCHEDULE "1" Performed Every 4 Months or 4,000 Miles LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, etc. 4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail, etc.). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment 19. Check Clutch Adjustment, Electric Brake Controls (If Equipped). 20. Rotate Tires and Balance. 21. Check Trailer Hitch & Bumper Safety Chain. 22. Check 2-Speed Axle Fluid/Adjustment. 23. Check Operation of Back-up Alarm. 24. Drain and Re-fill Differential Gear Lube. 25. Check and Adjust Air Brakes To Specification. 26. Inspect Air Reservoirs, Lines, Relays, Dryers, etc. 13 PREVENTATIVE MAINTENANCE SCHEDULE "2" Performed At 12 Month Intervals SMALL VEHICLE 1. Lube, Oil Change & Filter, Inspect Air Filler. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, etc. 4. Inspect, Radiator, & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment. 19. Check Clutch Adjustment, Electric Break Controls (If Equipped). 20. Check Ignition System/Scope/Analyzer. 21. Change Fuel Filter & Replace Air Filter. 22. Rotate Tires & Balance. PREVENTATIVE MAINTENANCE SCHEDULE "2" Performed At 12 Month Intervals LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves. 4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Pedal Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment 19. Check Clutch Adjustment, Electric Brake Controls (If Equipped). 20. Rotate Tires and Balance. 21. Check Trailer Hitch & Bumper Safety Chain. 22. Check 2-Speed Axle Fluid/Adjustment. 14 23. Check Operation of Back-up Alarm. 24. Change Fuel Filler & Replace Air Filler. 25. Drain and Re-fiIl Differential Gear Lube. 26. Check For Frame Cracks, Faulty Welds. 27. Check Dump Truck and Tilt Bed Pivot Pin. 28. Check Packing/Seals on Cylinders, Hydraulic Oil. 29. Check and Adjust Air Brakes To Specification. 30. Check Brakes For Wear and Adjustment. 31. Inspect Air Reservoirs, Lines, Relays, Dryers, etc. PREVENTATIVE MAINTENANCE SCHEDULE "3" Performed Every 24 Months . SMALL & LARGE VEHICLES 1. Smog Check. 2. Provide Certificate PREVENTATIVE MAINTENANCE SCHEDULE "4" Performed At 36 Month Intervals SMALL VEHICLE 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves. 4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential., Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V' or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Ped. Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare), Rotate on regular schedule. 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment. 19. Check Clutch Adjustment, Electric Break Controls (If Equipped). 20. Check Ignition System/Scope/Analyzer. 21. Change Fuel & Air Filter. 22. Rotate Tires & Balance. 23. Service Transmission, Replace Filter. 24. Change All Belts, Hoses, Thermostat. 25. Flush Cooling System, Install New Coolant. 26. Repack Wheel Bearing, Replace Grease Seals. 27. Check Door Handles, Lube Hinges, etc. 15 PREVENTATIVE MAINTENANCE SCHEDULE "4" Performed At 36 Month Intervals LARGE, HEAVY DUTY & PARAMEDIC VEHICLE'S ) 1. Lube, Oil Change & Filter, Inspect Air Filter. 2. Check Battery, Inspect & Clean Cables. 3. Check Engine, Smog Pump, PCV Valves, etc. 4. Inspect, Radiator & Cap, Coolant, Fuel, Vacuum Hoses. 5. Ck-Differential, Brake, Power Steering, Coolant, Trans Fluid Levels 6. Check all "V" or Serpentine Belts. 7. Check Horn, Gauges, Wipers, Heater. 8. Check Seat Belts, Mirror, Ped. Pads. 9. Check Park Brake & Park Indicator. 10. Check Operation Of All Lights (Stop, Tail). 11. Check Tires For Inflation & Wear (Including Spare). 12. Inspect Wheels, Lug Nuts, Studs, etc. 13. Inspect U-Joints, Suspension, Hitch Bolts. 14. Inspect Exhaust System. 15. Check Spare Tire, Jack and Lug Wrench. 16. Attach Door Jam Sticker. 17. Road Test Vehicle, Check Power Brake Operation. 18. Check Brakes For Wear & Adjustment 19. Check Clutch Adjustment, Electric Brake Controls (If Equipped). 20. Rotate Tires and Balance. 21. Check Trailer Hitch & Bumper Safety Chain. 22. Check 2-Speed Axle Fluid/Adjustment. 23. Check Operation of Back-up Alarm. 24. Change Fuel & Air Filter. 25. Drain and Re-fill Differential Gear Lube. 26. Check For Frame Cracks, Faulty Welds. 27. Check Dump Truck and Tilt Bed Pivot Pin. 28. Check Packing/Seals on Cylinders, Hydraulic Oil. 29. Check and Adjust Air Brakes To Specification. 30. Check Brakes For Wear and Adjustment. 31. Inspect Air Reservoirs, Lines, Relays, Dryers. 32. Check Door Handles, Lube Hinges, etc. 33. Check Front Suspension, Hitch Bolts, and Steering Linkage. 34. Check Ignition System/Scope! Analyzer. 35. Rotate Tires and Balance. 36. Service Transmission, Replace Filter. 37. Change All Belts, Hoses, Thermostat. 38. Flush Cooling System, Install New Coolant. 39. Repack Wheel Bearing, Replace Grease Seals. 16 EXHIBIT B SCHEDULE OF COSTS Payment shall not exceed $50,000.00 and Vendor shall adhere to the terms and conditions and pricing selforth in this Agreement and the attached Requeslfor Proposal (RFP) Pricing Sheet dated 4/4/05 for the term of this Agreement attached hereto and incorporated herein as though set forth in full. All costs shall be based on actual time spent providing pre-approved vehicle maintenance and repair services. Vendor has also agreed to an early pay discount of 2% for any payments made to Vendor by City within 20 days of receipt of non-disputed invoice. R:\Finance\Purchasing\AgreementsM.Z.OS-QS.Old Town Tire.FINOS-G4 -9- July 19, 2005 ) VEHICLE MAINTENANCE - May 1, 2005 - June 30, 2006 DESCRIPTION COST Preventative Maintenance - Small Vehicle - Schedule "1" .:1'1.'15 Preventative Maintenance - Large Vehicle - Schedule "1" fD't.'f~ Preventative Maintenance - Small Vehicle - Schedule "2" <(9.'1 {" Preventative Maintenance - Large Vehicle - Schedule "2" ( ~".'l.{ Preventative Maintenance - Smog All Vehicles - Schedule "3" S-q. CfS' Preventative Maintenance - Small Vehicle - Schedule "4" I ~ 'I. 'I:; Preventative Maintenance - Large Vehicle - Schedule "4" ;l.t.- 'l. <t :5 Shop Rate - Per Hour: Standard Vehicles & Trucks :S'$'.\)() Heavy Duty & Paramedic Vehicles b['SO Heavy Equipment & Miscellaneous Equipment " 1. 5'0 Parts Will Be Charge At Wholesale Prices - Minus The % 10"1. Percentage Listed. CITY OF TEMECULA VEHICLE MAINTENANCE & TIRE SERVICE PROGRAM FOR CITY OF TEMECULA VEHICLES PROPOSAL SHEET EXHIBIT "A" TIRE SERVICE DESCRIPTION COST Tire Mounting: "1.-5'0 f<4" w ~l Passenger Cars & Vans/Light Duty Trucks Heavy Duty Trucks / Paramedic Emergency Vehicles 1 tI.'Scl ~y wVu.a..-\ Wheel Balancing ~.~o f'tJf l>I~\ Alignments Q'V\5 Flat Repairs \$.Ob Tire Disposal .;1.00 Recap Tires N.I- \'"~I>""~ ...\. ,....:i\ ^, .... o~ ~..._.. \ , Tubes \~.'l5 Shop Rate - Per Hour: Standard Vehicles & Trucks ~S,oo Heavy Equipment & Miscellaneous Equipment (,1.$0 Parts Will Charged At Wholesale Prices - Minus the Percentage % \oj. Listed. 17 ) STATEMENT OF QUALIFICATIONS 1. Attach a statement of qualifications outlining vendor's corporate profile and experience in providing the services, parts and labor required by this RFP. 2. Attach a list of client references, to include the following information for each reference: Reference Company Name Point of Contact Company Street Address City, State. Zip Code Telephone Number 3. Attach a statement of warranty for all work to be provided. 4. Attach a copy of all City, County, Federal and State licenses required, as applicable. 5. Attach a copy of resumes or licenses/permits for all personnel in your shop who will be servicing City vehicles. 6. Selected Vendor will provide the following documentation upon execution of the contract: 1. Certificate of Insurance for: Workers Compensation, General Liability, Automobile Liability, Excess/Umbrella Liability, and Personal Property Damage in the amount of $1,000,000 per occurrence. 2. Emergency contact name and 24 hour phone number. 7. Attach a listing of the number of service bays in shop and the number of staff on payroll. Include a statement that Vendor can comply with requirement #3 in Part II, page 4 of this RFP. 8. Early Pay Discount: A -L % discount is offered for payment within ~ days. (Note: No less than 15 days will be considered for purpose of bid evaluation). By signing this RFP, Vendor has read and will comply with all terms and condItions herein. ( Representative A ~ c... G YLE:vJ6 ~ 0 (,.JtJEtQ... Printed Name & Tille o t....t> -"'-0 W,J --rillE. t StR...J I c.6 LL.-C Business Name & Location :J.. &' 7 crO r~oN' S""l. --r e: M I< u.<.L.A, \ CJ:t- 'i "L.s''' 0 18 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ~illiam G. Hughes, Director of Public Works/City Engineer TO: DATE: July 26, 2005 SUBJECT: Tract Map Nos. 30264-4,-5,-11 & -12, Located East of Pechanga Parkway, South of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Final Tract Map Nos. 30264-4,-5,-11 & -12 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements 3) Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds and Monument Bonds as security for the agreements. BACKGROUND: Tract Map Nos. 30264-4,-5,-11 & -12 are located within Tract 29305 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map Nos. 30264-4,-5,-11 & -12 are subject to all Specific Plan Amendments and Agreements. On January 23, 2001 the City Council approved Tentative Tract Map 29305, on March 22, 2005 the City Council approved Final Map 29305. On October 2,2002 they approved Tentative Tract Map 30264 with the accompany phasing plan and their conditions of approval which is a further subdivision of Tract 29305. Tract Map No. 30264-4 is a fifty-one (51) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. Tract Map No. 30264-5 is a fourty-two (42) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. Tract Map No. 30264-11 is a sixty-three (63) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. Tract Map No. 30264-12 is a fifteen (15) single family residential lot tract. The tract is located North of Wolf Creek Drive S., South of Wolf Valley Road & East of Pechanga Parkway. The site is currently vacant. r:\agdrpM4/tm29798,-1.-2..map The owners of the property: Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map and phasing plan. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map Nos. 30264-4,-5,-11 & -12: Development Impact Fee due prior to issuance of building permit. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklists 2. Fees & Securities Reports 3. Project Vicinity Maps 4. Tract Map Nos. 30264-4,-5,-11 & -12 2 r:\agdrptI04/tm29798,-1.-2..map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-4 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 3 r:lagdrptI04/tm29798.-1,-2..map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30264-4 DATE: July 26,2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 416,000 $ 208,000 Water $ 92,000 $ 46,000 Sewer $ 105,500 $ 53,000 TOTAL $ 613,500 $ 307,000 Monument $ 15,000 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 Fire Fee $ 205.00 Plan Check Fee $ 5,394.00 Monument Inspection Fee $ 750.00 Fees Paid to Date $ 7,885.00 Balance of Fees Due $ 0.00 4 r:\agdrptI04/tm29798,-1.-2,.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264.5 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A . Development Impact Fee To be paid prior to issuance of a building permit 5 r:\agdrp~04/tm29798.-1.-2..map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30264-5 DATE: July 26,2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 518,000 $ 259,000 Water $ 234,500 $ 117,500 Sewer $ 135,500 $ 68,000 TOTAL $ 888,000 $ 444,000 Monument $ 12,300 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 Fire Fee $ 205.00 Plan Check Fee $ 4,944.00 Monument Inspection Fee $ 615.00 Fees Paid to Date $ 7,300.00 Balance of Fees Due $ 0.00 6 r:\a9drptI04/tm297ge.-1.-2..map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-11 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 7 r:\agdrp~04Itm29798.-1.-2..map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30264-11 DATE: Julv 26,2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 208,000 $ 104,000 Water $ 110,000 $ 55,000 Sewer $ 174,500 $ 87,500 TOTAL $ 492,500 $ 246,500 Monument $ 18,600 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 Fire Fee $ 205.00 Plan Check Fee $ 7.378.00 Monument Inspection Fee $ 930.00 Fees Paid to Date $ 10,040.00 Balance of Fees Due $ 0.00 8 r:\agdrpt\04/tm29798.-1.-2,.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30264-12 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 9 r:\agdrp~04/tm29798.-1.-2..map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30264.12 DATE: Julv26,2005 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 58,500 $ 29,500 Water $ 15,500 $ 8,000 Sewer $ 20,500 $ 10,500 TOTAL $ 94,500 $ 48,000 Monument $ 4,200 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 561.00 TCSD Fee $ 975.00 Fire Fee $ 205.00 Plan Check Fee $ 2,556.00 Monument Inspection Fee $ 274.00 Fees Paid to Date $ 4,571.00 Balance of Fees Due $ 0.00 10 r:\agdrp~04/tm29798,-1 ,-2..map I!l 'I w I~lll . w ili ,!" ~ill '" i iK~1 ~ i!; i'lii' i:~! !5~ - K5 , 'pi i'l ~ ill , ... .~ ! I I- gll!lhj h! , I:J 1;11 i~1 :d! " % ~ dli!' II> ~ IIi. - ... '!'" 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I:?I ~~~~ f~ I Q~",~ l/jl ~",;:Jz r~, ~:;;.g 1l 'Ii,' :si<J,~ b "1 t a~~~ -' I~f < ~~gL f9f ilB 'i"ln2~ r~' i:i~ ~ .~~ is I :g 0 ~~" [-'I _ ----- .J ., I' NNNN .U g" ,- ~ ~a .. jt lI!8~ ~~~ }~Fi ~~: . ~:i ,.., ~~~ % '" J o~ ~"' Zo 8z ~'" U OW zZ ~G oz mw 5~ ~~ nn 60 zz ...... ww ww zz ~~ ::11:1 ~~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 6 SHEETS 0' lCXI" I.....J .....J SCALE: i r:::::J I ",,, "". '00' 1- - 100' TRACT No. 30264-4 BEI~C I> SUBDIVISION rF LOT & ~ TRI>CT ~O. 2i3re> ~ SHO""" BY "'AP O~ FILE INBOOI<_PolGES~lNCLUSlYE,rF"'APS,RECORDSrFRIYERSlOECl)J~TY,CI>LIFOII~I"" HALL 61 FOREWAN, IHC. AUGUST 2004 ENGINEERS NOTES . I~OlC"'TES FOU~O "'ONU"'ENT.o.s NOTED. A INOlC"'TES1- I.P,'MTH T"'C R.C.E. 20500. FLUSH TO BE SET PERTR.~o,2BJ~l,....B.J50/65-78. o INOIl:...rrS '"I.P. WITH T"'C R.C.E. 20508. FLUSH TO BE 5C:T PER TR. NO. 29J06,....B.-/_-_ . INOIl:...rrs 1" I.P. WITH TI>C R.C.E. 20508. R.USH TO BE 5C:T PER TIt NO. J0264-B.....B.-I_-_ . I~DIC"'TES '" I.P. WITH T"'G R.C.E. 20508. n.USH TO BE StT P[RTR.NO.J0264-J....,B.-I__~ . JoIOIc...rrs SET l' I.P. 'MTHT"'GR.C.E. 2D5Dl1.FLUSH. ROIJNOARY SIJRVFY MAP 5C:ESHEET2FORB.I.SISrFBUdlINCS, ....l.Pl.A.YOUTSHEET...I<oQ....CINITY....I.P. (Rl) INOlc...rrs RECORD ANO l,jE...SURED Ol>T... PER TIt ~O. 29305-1, ....B.J50/6S-78. IHDlCI>rrS RECOIID AND "'EJ.SUREO O"'T... PER TR. HO. 29JO~ ....B.-/_-_ IHDlCI>TESRECCIlOANO...EJo.SlJREDO...T...PERTR.NO.30264-B. ....B.-/_-_ IND!C"'TESRECOROANO"'EJo.SlJREDOAT"'PERTR.NO.J0264-J. ....B.-/_-_ (R) INlIIC...TESRI>DI/>lBEARING (R2) (RJ) (R4) 1.I.P..FLUSH.T...GGt:ORCE:2050l1(RIV.CO.rrPE..... "'ON.) TO BE SET "'T LOT CORNERS AND ANGLE PDI~TS I~ LOTUNES, UNl.ESS OlHER\IIISE NOlEO. N....L.o.NO T.o.OR.C.E. 2050l1TO BE SET IN TQP rF CURB ON lHEPROl.ONO...llON rF THE SIDE LOTUNES.o.NOE.C.'SI>NOB.C.'SPRo.:E:CTED PERPENOICUl.A.ROII R.o.ow. FROl.l PllOPERTY LINE. (IlI~SlOECOUNTYSTO.TYl'E"E") AlL...ONUMENTSSl-lOWN "SET" SH.4U.BESETIN ...CCOROANCE....THlHE...ONU...ENTI>llON...GREE...EHT fORlHIS...AP,UNl.ESSOTHER'MSENOrro. Al.ll,jONUl.l(NTSSETPERRI~SlDECOlJNTY OROiNANCE461.1I. OR...IH...GEEASDlENTSSl-l.4U.BEKEPTFREE OFBUILDlNGSANOOBSTRVCTlONS THIS...APCONT....HS12.24...CRESGROSS THIS...APCONT....HS&.7J...CRESNU ), ~~C). ~2D- <Or". ~ p/r!P& .,,0 (;- 6''''''~ y "" " ~ " " " "' " " " '" co, co, co, UNEO.o.TI> BEI>RII'lG N '1" 1'l2814'02"E I'l '4'. N "4' 'w I'l '71. " """H 4 'RRJ 46.J1'R2,RJ 1 'R2,RJ 7. 'R2RJ 8.61'R2,RJ .4' R2 " " " " " " " CV!lYEO"'T'" OELT'" R.o.oIUS r I.' 4 4'41'4-' 000.00' U,"" ~4-Il'RJ 6J.86'R4 62.2J'RJ ~,~ " " " IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 6 SHEETS SEE SHITT2 fOIl BASlS Of BEARINGS SEE SHITTJfCN'lBOUNDARYSU'!VEY WAPNlDENGlNEERSN01ES HALL . FOREUAN, INC. AUIlUST 2004 ! N I TRACT No. 30264-4 BEING A SUBCIVlSlON OflOT60f Tl'lACTNO. 29J05 AS SHOI'IN BY NAP ON FllEIN BOOK_PAGES~INCLUSlVE.OfNM'S.RECORDSOfRIVERSlDECOUNTY,CAllrORNIA. " "~ o .n 1"- 40. M 'm / ~....~\ 'z-. ,!". " , ~'b." " '~ " " " " ?~/.I u"' u " " UNE CA1A BEARING N. .1" N.T.. "W , " CURVE " " " " " " " '" " '" 2203.00' ," 14.41" , 42..7' jb rot;\ ~~ t;j ~O. " ,\ " o..'I'V '0" v.,v., ,\' ~~ " " ;-, ~t< 1,;- 1C,- .( '.0 r 0,- . .-ur q is 00 " v.,'b (Q s su SHEET 2 FOR BASIS OF BEARINGS su SHEETJ FOR BOOtfJARYSIJl\IEY t.l~ANOENGIN[ERSNOlES HALl. . FCIBIAN, INC. AUGUST 2004 SHEET 5 OF 6 SHEETS i f:::j I " " " .- 1-.40' 'm IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-4 BElNGASUBOIVlSlONOf"lOl&Of"lR"'C1NO_29JOSAS~O'II'lBYt.lAPOHRLEIN BOOI<~PAGES~INCLUSlVE,0F"APS.RECOROSOfRIVER5lOECOUN1Y,CAlIFORNIA. 6D / See I ,1, f ~........ I.....'!h ........ ....~,}-............ ""'..J!!.J ............ ............... -? ................ " ---- " -.......... ............ 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OfIolAPS, RECORDS Of RIVERSlDECOUIHY. CALIFORNI.... HALL I: f'QREWAN, INC. AUGUST 2004 nflllRONtJFNTAI r:ON<;TRAINT Norre:;. 1 THIS PROPERTY IS LOCA1EO W1llill<l lHIRTY(JO) IolILESOfr.lOUNTPMa.lAR OBSERVATQRY. ALLPRCf'O&D OUTDOOR LIGtHmG SYSTEIllS SHALLCONPlY WIlli THE CAlIFORNIA INSTlTUTE or TECHNOlOGY, PAlOlolAR OElSERVATORYRElol<>>.lI.lENDATlONS, ORDIHol.NCE Nc. &55 2. THE 'lla.F CREEK EN'VlRONloIENTAL IIolPACT RO'()'!T (EIR) WAS P!lEPARED fOR 'THIS PROJECT ANLl IS ON n...E ATlHE CITY Of TElolECULACOIolWUNITYOEVUOl'IolENTDEPAR1loIENT- BOUNDARY SURVEY MAP '"' ...... - SCALE: THE ENYlRONIllENTAL CONSTRAINTINFORIllATlON SIlOVlN ON THIS IoIAP SHEET IS fOR INFOR.....TlON PURPOSES DESCRIBlNG CONDIl1ONS AS OF lHE DATE OF FlUNG. AND IS NOT INTENDED TO AfFECT RECORDTlTlEINTEREST.lHISINfORNATlONISDERI'oUlFRQt.I PUBUC RECORDS OR REPORTS, ANO DOES NOT IMPLYlHE CORRECTNESS OR SUFFICIENCY OF lHQSE RECORDS OR REf>ORTS BYlHEPREI'AREROFlHISIIIAl'SHEET, BASIS or BEARINGS lHEBASlSOFBEARINGSfQRlHlSIllAPISlHECENlEllUNEOF' Y<<ll.FVAl.l.EYROADSHO....ASN51'59'23"EASSHOWNONA loIAPRECOIID(DINBOOI(220PAGES40lHROUGHS6, INQ.USI'>'EOFloIAP5.RECOIlDSOFlHECOUN1YOFRI'oUlSlDE, STAlE OF CAU'ORNIA, PROJECT SITE lR,J02$4-4 VICINITY MAP NOT TO SCAU , h ~-'?tc)' ~Q"I).. (0)-& ~ Y& '1) C' ,,"i' -.9"""~' UNEDATA '" BEARING "',,'" " , " R2RJ " N2B14'D2"E 4$,31'R2R3 u N7'4' " 'R2,RJ " " 'w , 'R2RJ " NJ9,TIJ. ~6I'R2,RJ " " 0'8" ," " " " " "' " " 7o.'~' " " " ,,' " '" , " ", N I'~ ' .. , " ", '" ',," " " '" , '" ," " "'''' " " " CUR'>'EDATA DELTA RADlUS I"' ~7, ~'~"40.' 2000.00' 7' ., LENcrn M.~9' RJ 63,S6'R4 $2.23'RJ BOOK T PAGE 308 >- ~ :.: Q: <( D.. 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'MTH TAG R.C.E. 2050a FLUSH TO BE sn PERTR.No.3D264-4.III.B.-I_-_ . INDICATES 1"I.P. 'MTH TAGR.C.E. 2D5D8. FLUSH TO BE SET PERTR.No.3D264-Dfi.III.S.-I_-_ . INOICAlES..ll' I.P. 'MTH TAG R.C.E. 205011. flUSH. ,. ...... ! N I 'OO. "",. 'OO. I 1".100' TRACT No. 30264-5 BEING A SUBOIVlSION Of LOT 10 AND PORT1ON OF LOT 11 OF TRACT NO. 29.3D5ASSHOv.NBVIIAP ONF1LEINB00l<37B,PAGES:36THROUGH46,INCLUSI~OFIIIAPS.RECOROSOfRII,Ul:S1DECOUNTY,CAUFORN1.1.. HAIJ. " FClRENAN. IHC. NO\UEIER 2004 ROlJNrlARY SlJRVFY MAP ,oo. .... SCAlE: SEE SHEET 2 FOR BASIS OFOEARINGS, IIIAP LA'I'OUT SHEET AAC VICINITY IIAP. (Rl) INOICATESRECCJlOANDIllEASUREDDATAPERTR.ND.29~l, l.l.0.35O/65-78. INDK:AlES RECORD AND IIEASUREO OATA PER TR. NO. 29:~05, III.B. 376/36-~B. INDICATESRECOROANOIlEASUREODATAPERT1I.NO.3Q264-4, 11.6._/_-_ INDICATES RECORD AND IIEASUREO OATA PER TR. NO. 30264-6, II.B._/_-_ (R) INOICATESRAOIALBEARING 1" I.P., FlUSH,TAGGEDRCE 2050ll(RIV. CO. Tl1'E "A. liON) TO BE SET AT LOT CORNERS AND ANGLE POINTS IN lDTUNES. UNLESS DTHER'MSE NOlED. NAIL AND TAG R.C.E. 2D508 TO BE SET IN TOP OF CURB ON THE PRa.ONGAT1ON Of THE SIDE lDTUNESAND E.C.'SAACO.C.'SPflo..ECTED PERP(NDlCULAR DR RADIAL FIlOlol PROPERTYUNE. (RIVERSlDECOlINTYSTO.TYPE"E") ALllIIONUt.lENTS SHOWN "SEr SHAll.OE SEliN Ac(;OR'DANCE'MTHTHEIIONUIlENTATlcw-lAGREEIIIENT FOR THISIIIAP. UNLESSOTHER....SE NOTED. ALlIIIONUIlENTS SET PER RlVI:J'lSlDE COUNTY OllDINANCE461.Q. DRAlNAGEEASEIIIENTS SHALL BE KEPT FREE OF BUILDINGS ANOOBSTRlICT1ONS LOT 7 "" " " " " " " " " " ". co, co, co, '" co, '" '" ". (R2) (R3) TRACT NO. 30264-10 (R4) "" ~ = LOT B TRACT No. 20306 /, ~<?;C/- - "0>"1-0 "'. LoT 0 ME. 378l3&-48 ~/ LOT 11 02 01 50 40 4B /I.' NB1~'~Q"f:(R) I I ! OTY Of TElolECULA PER DEED RECORllE008-01-2003AS INSTRlJIlEJlTNO.200.l-M223J OFflOAL RECORDS OfRlVERSlCiE COUNTY,STATEOfCAUfORNIA.. BElNQ A. SUBDl....SION or lOT IOJ.NO A. PORTlON Of LOT 11 OF"TRA.CTNO. 29.105A.S SHOWN BYIoIA.P ON fll.E IN BOOK 378, PAGel J6 THROUGH.a INa..USl\oE. or IoIAPS. RECOROS Of RI\oERSIOE COUNTY. CAUFCfflIl.... AIJQU$f .... SHEET 4 OF 6 SHEETS ! N I " " M - 1"_ 40' ... TR 2fJ300 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA SEE SHErT2 fOO BASlS OfBEARlNGS SEE SHErTJ fOO BOONDAAY SURVEY t.lAPANDENGL'ffllSNOlES ~i^ 0'1; flj ,,,0 ",{P' ", , , , , , " , , , , , , , , " , , , , , , , " " , , , , , , 2;5 28 TRACT No. 30264-5 HALL . FClREMAN, INC. 23 24 LOT -14 " 25 ':> 24 ~ 40 ",</7 "'" " " '" " ...... ~ '" '" " " " S!:ESIlEET2fORBASlSOFSEARING$ Sff SIlmJ fOR BOUt(lARYSUR\lEY t.lAPA/(IENGlNEERSNOTES HALL . FOREW~. INC. ..".,...... 2004 SHEET 5 OF 6 SHEETS i N I ~ ~ "" -~ 1-_ 40' ,~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-5 BEING"SlIaoIlolSlONOFLOT10ANt>OFAPORT1ONOFLOTllOFTR"'CTNO.2\J301'.1ASSH~BYAt.lAP ONTlLE IN BOOI< 378, PAW 3fj THROUCH 4ll,INCLUSl\oE, OFWAPS. RECORt>SOF RM:RSlD:E CWNTY, CAUFORHlA, / ~UNEDATA ~-,~:';" ~ LOT B ",,,. ~ C2 " " " " TR. 20306 b< c- ,fj' " r;y " MB. 37B/36-4B 22 . . .%f1 F:~ -yo, 1"1 \ \j\ ~~;\ 21 \ "'~ ''t>$.~ .(.~)., \ ....i\ ~tt~'31"t 1~- (II) "\ ). ~ '" 20 "\8. \0"" \"t~ \~ .., ('l \0 ~.\1l \'0 ~ \~ ~'1'- \~ \~g, \\11 %..'~ ,--0 L ,- \(1'\ ,'v ~1Jl \% . , \ 'i.., \ ~..\ .. \ '! \ \ \ " \ ' \ \ 1\ ,t &. P. o. s\"l€.€.\ 0 S€.€. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 6 OF 6 SHEETS SIT SHEET 2 FOR BASIS <i" OCARlNGS SIT SHEET J FOR DOUNllARYSURVEY t.lAPANOENGlNEERSNOTES HAll. & FOREWAN, 1Ne. NO'vEWBER 2004 ~ r::::J I TRACT No. 30264-5 BilNG A SUBDIVlSlON DF' lOTIO AND A PORTlON OF lOT 11 Of TRACT NO. 2S:!005AS SHOIlN BYWAP ON FlLEIN BOOI(J78,PMlESJa THROUGH 46, INClU5NE,0f IolAPS, RECORDS DF' RI'oERSlDE COUNTY,CAUF ORNIA. " .~ o 40 1"- 40' " 'm TR. 2D3OO ME. 378/36-48 LO-r D NSSI'41'48"W'IOJ.OO' /'\ \\ 'I' I". l;~ a~n '~ rf '" ~: I~- ~ 7r NSSI"41'48"Wl03.00' ~ I I~ b- . 1 f!: ;I~. Ct: ~ ~ I L.U ~~ ~ ~ ~ 1 ::::;; ~ ~i F:. Yf I 30' " ~ ~ OJRVIE DELTA RADltIS lENGTH Cl '.. 4 " .- s \ -'" 36 '\ \. \ Ii. :E I~ ~ ~r .- (') i. :;tl -I ~~ o ~ ::0 r ~ l~' . 1 l 01 I J.l':11f~ I "" ~" : I, -! I - 30 ~~ !{..: ~ 35 MlX44'11"EllP-oo'(R) -"",')II.)!! ",~'~JO b 31 l:l;l ~ 34 ~ co ...., m ~ co m t 0!>- m 11.58'\4&4'01)4: 'oe.lIlI~ ~ ~ Ii t 33 32 N~'e'I:Z"E18.3l1' ROCKY BAR DRIVE '-'1 410. LOT 2-J (OPEN SP ;'\CE) CITY Of lOIECULA POt Dml RECORDED OlI-Ol-:zooJ AS INS1RUWENTNo.2~~33 0f'FlaAL RECORDS OF R1\OlS1DE COJNTY,STA1l:(1;CAIJ'ORNIA. ENVIRONMENTAL CONSTRAINT SHEET IN THE CITY OF TEMECUlA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 1 SHEETS " I....l ~ i=:::J I '00' ""'" "'" , 1"..100' TRACT No. 30264-5 BElNQ A SUBDIVISION Cl'lOT 10 AND PCflilON OF" LOT 11 Of"TR.o.tTNO. 29305 olSSHOl'lN BY MAP ONF1LEINBOOK318.P.l.GES36THIlClOGH4!.INa.USl~OF"M.lPS.IlECORIlSOfRI'ot:FISlDECOUNTY.CAUFOlitN1"- HAll. 6: FORDIAN, lNC. NO'.eIlER 2Q04 fNVlRONt..lFNTAI CON!';TRAINT NOTF!,;' l.THlSPROPERTYlSLOCATEDW.THIN1HIRTY(30)t.lILESOFt.lOUNTP-'lOl.lAll06SERVATORY. ALL PROPOSC:O OUTDOOR LIGHTING SYSTEtoIS SHALL CONPLY I'lITH THE: CAUFORNIA INST1lUTE OFl[CflNOLOGY.PAl.Clt.IARoeSERVATORYREWOl.lWENOAT1ONS.ORDINANa:"o.6~ 2.THEwct.fCREEKEN'IIRONMENTALIWPACTREPQRT(EIR)'liASPREPAREDfORTHSPRO.ECT AND IS ON FILE AT THE an (I' TOIEC\JLA COloIWUNITY DE\nOPWENl DEPARTIllENT- ROUNDARY !=;lJRVFY MAP '00' ..... SCALE: 1HE ENVIRONMENT"'" COOSTRAINT INFQRMATlON SHOWN ON THIS WAP SHEET IS FOR INfORUA11ON PURPOSES OCSCRI!llNG CONOIilONS AS Of THE DATE OFFlUNG,AND ISN01 INTENDED TOAFTECT RECORD -rnu: INTEREST. 1HIS INrORIolAl1DN IS DERIVED rROI.I PUeUCRECORDSORREPORTS,ANDDOESNOTiIllPlV1HE CORRECTNESS OR SUmCIENCVOF" 1H05C: RECORDS OR REPORTS eV1HE PREPARER OF" THIS IolAP SHEET, SEE SHEET 2 rOR BASIS OF"BEARlNGS, IolAP l.AYOUT SHEET AND VICINITY \lAP. ;, -1-0'''''~(' '<$> q,;' - '& 1-0 "". LOT 7 "" " " " " '" " " " " '" co, '" m co. m '" '" co. ~ " " " " " TRAcT No. 30264-10 ~ " " " " " BASIS OF BEARINGS THE BASIS OF" BEARINGS rQR THIS loIAP IS 1HE CENTUlUNEOf" 'MJlF VAl..lEYROAll SHO'IIN AS N~I~'2J'E ASSHOIIIN ON A \lAP RECORDED IN BOQI( 220 PAGES 40 THROOGH ~6, INClUSIVE Of" t.cAPS, RECOROSOf 1HE COUNTY OF" Rl'<UlSlOE, STATE OF" C-'UF"ORNIA. co, ~ en LOT 6 TRAcT No, 20306 Loi [) ME. 37813&-48 LOT 11 53 .---- 52 ~.. PROJECT SITE 51 ,. "" 'lR. J026<4-~ 50 VICINITY MAP NOI TO SCAIL " 40 48 Jl.l NST05',Wt (Il) I I ! OTYOf" TEWEClIl..A PER Dall RECORDED08-01-200JAS INSTRUIolENT NO. 200J-$IIUJJ OfFlOAl IlECOROS OF" RIVERSIDE COUNTY,STATECf"CAUFOllNIA. BOOK T PAGE 309 Z <( ~ii <.0 NO LL 0-<( IV"'\ 0 ---l '-.I W :) 0...0 .(f)w O~L Z ~ ~ L- 0:::: LL r- 0 0 ULL <( ...c..l >- rv' 0 l- LL. ~ u I- >- ~ l.: II: c( a. W I- (f) I- U W J o ~ a... ~ II: 0... <( ).. L ~ ! c( u 1 ~ >-1Il I-g I a:: Zb z ~ _ z- & 0 <l: > := 0 lD Z ~ ~ _,c-{~ ,,~~ ~ ~~c;\j \_\~ I(! 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I 0 5' ~~ 1:::~ sv .0-10-9 :'1311 15NI ~B \ \ ~ _~<tI i, I J;::: It 1'1 NOl1VlIOdllOO 1\fd!;l:INnn Y J I iI ~"'''' I II .. 1- c::u1 - 'Y'in5rri"31 i:i-",{!5" i Ill!!; : I ::!l ~2 e~~ >- W W I If) >- 0) o >- << ...J ., WW 0'" ~., "'0 ~~ ~< ~~ 01[ 1::5 z" ,,~ oz "" CL << '" IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 7 SHEETS HAIl. &: FClfBIAN, INC. OECE:WBER 2004 ~NG~~~~-&sNf~N~ MCtlUMENT AS NOlUJ. BOUNDARY SURVEY MAP .. JNOIC~TES 1" I.P. VIlTH T~C RC.E. 20508, FLUSH TO BE SET PERTR,NO.29.305-1.M.8.J~/65-78. a INOIC~TES I" I.P. VIlTH T~G R.C.E. 20508. FLUSH TO BE SET PER TR. NO. 29J05,M,B.J78/~-48. . 1N01C~TE5 I" I.P. VIlTH T~G R.C.Eo 20508. FlUSH TO BE SET PER TR.NO. J0264-5.M.B.-/_-__ . INOIC~TES SET l' I.P. 'MTH T~G Re.E. 20508. f'WSH O' 100' 1.....- _ SCAlE: ~ N I 'w =' ~' , 1".100' TRACT No. 30264-11 BEING ~ SUBDIVISION Of' A PORTION or LOT t1 Of' TR~CT NO. 29J05 ~S SHOWN BY MAP ON fiLE IN BOl)( 37B. P,O,OCS 36 THROUGH 48. INCUISl>E, Of MAPS, RE:COROS Of RI\lERSIOE COUNTY. C~UFOONI~. SEE SHEET 2 f"OOBASIS Of BEAAlNCS. MAP LATOUT SHEET,l,NO V10NITY MAP. (RI) INOIC~TES RECOOO ,l,N0 ME~SUREO OAT~ PER TIt NO. 29J05-1. !.l.B. J50/65-7& (R2) INOICATESRECORO.o.NOIllEASUREOOATAPERTRNO.29J05. MB.J76/J6-46. (RJ) INOIC~TES RECORO ANO t.lEASUREO O,o,TA PER TR. NO. 30264-5. r.I.B.-/_-_ (R) INOICATESR~ALBEARING mmmr INCNCATES RESTRICTED ACCESS OEOICATEOHEREON. SET 1" I.P.. f'WSH. TACGEIJ RCE 2050B (RIV. CO. TYPE "A- MON.) HLOTCORNERS ANO ANGLE POINTS IN LOTUNES. UNLESSOT11ER\\\SENOTEO. SET NAIL AND TAG RC.E. 2D50BIN TOP Of' Cl.iRB ON T11EPROLONGATION Of THE SIDE LOTUNES NlOE.C:SAND B.C:SPROJECTEOPERPENOICULAR DR RAOIALfROI.lPROPERTYLlNE.(R1\lERSlOE COUNTY sm. TYPE "E") AU. MDNUI,j(NTS SHOWN "SET" SHALL BE SET tj ACCOROANCE'MT11T1-lEMClNUMENTATION,o,GREEMENT roo T11IS MAP. UNLESS OmER'MSE NOTEO. ALL MONUt.lENTS SET PER Ri\lERSlDE COUNTY ORDINANCE 461.9 ORAlNAGEEASEIlIENTSSHAU. 8E KEPT fREE Of'BUILOINGS,l,NOOBSTRUCTIONS mlSMAPCONTAlNS IB.05ACRESCROSS mlSMAPCONTAlNS IJ.6B ACRES NET TR 20305 \ ME. 3161"3&-48 \ TR 230$4-1 M.S. 26V6-t3 LOT 0 I ~ :00 ~. 3{; ~ . '" 34 ~i ~ " ~ 61 go 33 ~ 62 ", ~ <i -, .,. UNEDHA U" BENlING ""'''' " " u " " " " " " " " " " ~'" ~ " ,.' " " TR 23066-1 MB.281/21-28 CITYOf' TEMEC\.ILA A MUNICIPAL CORPORATION BT INST. REG. 8--01-200J AS1NST.No.2003-~22JJCff1C1Al. RECOROSRI~ECOUNTY,STATEOf CALIfORNIA IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 7 SHEETS SEE SHEET 2 FOR BASlSOF BEARlNGS SEE SHEETJFOR BOUNOARYSUR\t:Y t.lAP AND ENGNE[RSNOTES HALL .t FOREYAN, !Nc. DECEllBER 2004 ~ N I " " ,,~ 1"_ 40' " 'm TRACT No. 30264-11 SONG A SUBOl1ilSK.. CF A f'OfITlON Of" LOT 11 CF fflACTNO. 29305 AS SHOWN BY MAP Otl FlLEIN BOOK 378, PACES J6 THROUGH 48,INa.USl~.Ofl.lI\PS,RECOROSCFRIVORSlOECOUNTY,CAUfORNIA. "" " " " W<,~ " LOT TR 20300 o MB. 373/38-48 .. 1IB\"4I'%f'E,Q\ , Nl7'1:nll"E ,.... (R2) ..,..5 ~:n 1lO.11' 30.2 "'..-- , " . t. - ". 6 . 5 - 0 '. 3 . ~ 0 ;; ;; ,; ,; 7 , , ~ ~ '. , ~:l:9 ~ '\ <1\ ~ ~. ~I ~ ~. ...~. .. - . - . - <. "'I ~ 8 '-'.,. 'iQ\ e -;,.....\ . ".~ 31,7" 74.75' N&-I-'2II'09"E ,&:5.~7' 57.51' \ \ \ \ \ \ \ \ \ - '" LAN~iJj tl84-:z8'09'E:z:zo,29' W 7a.5!>' W V> 70-07' = ;, -. 44 ~ ~ " . 43 ~ " ;; 42 ~ " S 41 ~ . . s. Na3'4\'~~\\4.7&- 71.30 60 N44.4'.......18.3ll' (IU) 9~50' 97.10' \ 0 0 ~ ;, ;, S S N29"21'22"W = ~ :~ " " !io; 20,oo'(R) 34 2 . , - t>~ ~ . 55 ~! ~ <0 ~ ~ ~-' ~ 52 " I- ;, ~ ~ ~ ;; '" i i ;; '" 54 53 i ili 70.00' 70.00' 70.00' ~ N89'41'48'W 815.51' NB9'41'4a""'109.52' 61 N89.41'48....114.80' ~' 62 ~ . ~ 56 .. 8 ::?~;z: ~ '. ROCKY BAR DRIVE un, ,." '" ~ _ ~ ---+- _ _ _ _ _ _ _ N89'41'48":'W 815.51' _ _ _ _ _ ---It- _ ---==_ ~ ~ N89'41'48"'" 51' HIIr..l.....U... Cl'YOf 1EWE!.IClJl..A A lIJNICPAL CORl'ORATlllNSYINST,REC, 8-01-2003 \ ASINS1, NO. 200J-582.23.l0fFlCM. RECORIlSRI'oERStDECOONTt,STATEOf CAUF"ORN~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 7 SHEETS TRACT No. 30264-11 BEING /; SUOOl\ll~ON Of' A PORTION Of' LOT 11 Of' TRACT NO, 29]05 AS SHO'o\lN BY lolAI' ON FlLEIN BOOl(]78. PAGES JIl THIlOUGH 48. INa.USl\lE, OFUAPS, RECOOOS OF RI'-ERSlOE COUNTY, CAUF ORNI/;. SEE~EEr2F~BASlSOf'BEAA1NCS SEESliEEfJf~II00NO,I,RYSURVEY 1.l.'.PANOENGlNEERSNOTES HALL a: FORDtAN. 1Ne. DECEMBER 2(l()4. " _. TR 23064-1 MB. 261/6--13 """,,,.. 10'\.'18' 8 ~ ~\ ~IJ 9 ~\ ~~ ~ ~t: <"\ ~,... ~e_~ \ q ...\.~ .... ~7..."\:S!>l> ~ C F.O." I.P. wI TAG R.CL 26457 FUJSH, PERP....1S4/5--20 "101.8.2.61/21-2.8 r' ~~ :"1. "~. M&4'Z8'09"'E\S:).97' - LOTAo.881o.C MllIt'"l8'OlI'E'l20.W - yOSEMITE LANE MIlIt'ZS'09"E22-0.:l9 . 60.!)] '<t ,I: .-3!,," I- " ,f~. w ~ w ." 41 J: 42 ~ (f) g w z W ..~''''1'~''( (f) 40 1I....IIv' \ 48 Q 38 UNEOATA BEItRING N '04'2"W -So "w 0' "" " u '" " ~"~ " CURIlEOnA OELT/; R/;OIUS , 52 ~ N I " " 1"-40' "" TR 23066--j MB. 261/21-28 ,,'2, ~~ ~1. 'il,o o~ ~"$ ~f'l o~ ~~ ~ ""orn " 41.4' ""orn , IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 6 OF 7 SHEETS SEE SHEET 2 fOOBASIS tEBEAAJNCS SEE SHEET 3 fOO BOUNDARYSUR\€Y UAP AND ENGNffRSNOTES HALl. at FORDfAN. !He. D<ca<8ER 2004 ~ N I TRACT No. 30264-11 BEiNG A SUBOIIlSlOl'l Of A f'QflnON Of LOT 11 Of TRACT NO. 2930!> AS SHO\\N BY IolAP ON FlLEINBOQK37B,PAGES361liflOUGt14l1,INCLUSlYE,Oft.li\PS,RECll'lDSOFRIIlERSlDECOUNTY.CAUfORNIA. " " " m' '0010 \".40' 6-1\....l.!>,:t 76.77 32.77' L~~~~~2."'~ NBQ'41'4Il"W Gl~.~l' I """" ROCKY BAR i -==--- !i!ll1041'411"W G~~l' -l-- DRIVE I 0- <:> ~<v'\ S'f. S<v<V ...\ 1,.->> \)J.~ . <.Y tg, ~, .>Q\. ~> '" C> \ <"b ~~ t'1 o 1?oQ., ~1l .,.'2. ~<') o~ ~~ ~ ~ ~. 50 ". '" N!lII"2G'03"W1OQ.5Il' I- 7G.79' ,,,,. W . W , ~. 36 :c ' ~ ~ UJ 52 ;1 34 ~ 35 ~ w . . ~ -. w ~ UJ . -524..70' ar...'....... , \ , \, / ~/ // 1 29 ~<v'\ S'f. S<v<V ~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 30264-11 BEING ASUBDl"'SH)N cr' APORTlON cr'LOTll cr' ffiACTNO. 29J05 AS SHOWN BY"''''''an FlLEINBOOKJ7B,PAGES~THROUGH~,INa.USlVE,CF".,o,pS,RECa<OScr'RI\lERSlO(COUNfY,CAUfORNlA, SEESHEEr2f~B,t.SISCFae:AAINGS SEESliEETJf~BOUND,l.RYSUR\O t.I.I.P AND ENQNEIRSNOTES HALL & FORalAN. !Nc. DECEMBER 2004 "' ... \ '" ~<<.,.", c,'0 c,<<"'<<'" UN(OATA '" BEARING LENGTH " , CVR\lEOATA ru,~ DUTA RAQlUS LENGTH " " ' " , S'U.' " '~9'~8.' " " " .. ,"' ... ./ , ri /.. " <f'""} ..V 5:> ,,-% o"?' 6~~ ~ / #" O~ /// /.:;:y / / ~O // ,,~ // '. /<::></; /' .../ // h" / / r.,. // , , , / , /' / , SHEET 7 OF 7 SHEETS ! r:J I "' ,". ~O' ..,..J.. 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D- <l: '" " o "~ eW Z e 00 UZ >~ "" <w ow z Z 00 oz mw "" 22 nn cici z z e e ww wW , r ~~ ww ww ~~ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 3 SHEETS TRACT No. 30264-12 ~ N ~ " "" ,": 40' *' BEING A SUBOIIll$iON OF lOT 14 OF TR"'CT NO. 2~305 "'S SHOWN BY IoIAP ON FILE IN BOOK 378. PACES 36 l1iROUGH 48. INCLUSII'E,OF loI"'PS, RECORDS OF RI\lERSIDE COIJ NlY,CALlFORNI'" HAll de fOREMAN, INC. AUGUST 2004 ~NG:~~~~fESNfo~NSD o.IONUloIENT "'s NOTED. BOUNDARY SURVEY MAP ... INOIC"'TESI"LP.'MTH l"'CRC.E. 20508. FLUSH TO BE SET PER TR. No.2S305-1,loI.B.350/65_7B. o INOIC"'TES \- I.P, 'MTH T"'C R.C,E. 20508, fLUSH TO BE SET PER TR. NO. 29305, IoI,B. 378/36-~8 . INOIC"'lES'" LP, 'MTH TAC R.C.E. 2050B, fLUSH TO BE SET PERTR.NO.30264-6,loIB.__/_-___ . INOIC"'TES 1" I.P. 'MTH T",c R.C.E. 20508, fLUSH TO BE SET PER TR,NO.;l.026~_9,IoI.B.__-I__-__ o <NOIC"'TES SET I' I.P. VIlTH TAG R.C.E. 20508, FLUSH (RI) INDICATES RECORD AND loIEASURED O"'T'" PER TR. NO. 29305-1. !.l.8.350/65-78. (R2) INOIC",TESRECORQ.o.NDlolE"'SUREDOM",PER TR.ND, 29;l.O5. 0.1.8.378/36-48. (R3) INOIC"'TE5 RECORD AND o.I[,o.SUREO OAT'" PER TR NO. 3026~-S, 1.1.8.___-1___-__ (R4) 'NOIC"'TES RECORD AND "EASURED OMA PER TR NO. 3025~-1J. loI,B, ____1__-___ (R5) INOICATESRECOOoANo"E"'SUREooMAPERlFlN030264_5, M.B.____/_-__ '" .<01. SEE SHEET 2 FOR BASIS OF BEARINGS. l,IAP LAYOUT SHEET AND IIICIN,TYl,IAP. (R) INOICATESRAOl"'lBEARING 40 /;.? A -<}C,>- "J'. / '0; 1',... ~ " '<-..::J,-, D'S?", {) , , , SET I" r.p.. FLUSH. TAGCED RCE 20508 (RIV. CO. TYPE "A" MON.) AT LOT CORNERS AND ANGLE PQlNTSIN LOl LINES, UNU:SS OII-lER'MSE NOIEO SET NAIL AND TACR.C.E. 20508'N TOP OF CURB ON THE PROLONCAnON Of THE SlDELOlllNES AND EC.'S AND B.C.'S PRO.E:CTED PCRPENDICIJLAR 00 RADIAL FRDloI PROPERTY LINE. (RII'ERSlDE COUNTYSID.TYPE-E") All l.lONUMoNTSSI10WN "SET" SHAll BE SET IN ACCDRDANCE'MTH THEl.lONUl.lENTATlON "'CREEIolENT FQRTH'SIoIN',UNLESSDTHER'MSENOTED. ALL loIOtlUt,lENTS SET PER RI'o'ERSIOE COUNTY ORD'NANCE461.9. DRAINAGE EASEl.lENTS SHALL BE KEPT FREE OF BlIILO'NCS AND OBsrnUCTIONS THISl.lAP CDNTAINS 2.8< ACRES CROSS THISIoIAP CONTA'NS 2.26 ACIlES NET ... ;' " , / 4Lt , , , 68 /~ ~t\ tiP <";' o. ,~ 'f- (0 (}..Y' '<::" <0' ",\-. 8-j 48 , , , A ^;> J/ -<J ~ C';-.. '-B "0>>/Yo , '^' 7L..... 0'_ , ("<.'-? / Y... --2" ", 00 ~ '0, 0"6' <-{), '" D V(' /'" \r~ 0-<,- ",000. --2... (I U ..0 ' ;;Y~O/. 0" "" of, v1o- ..0 \'C ", q- /)- , Af~ 'Y", ',O-S-", '... . 1-/_ //to ", 10-1< ....y~Af''''( " ~)- ""'" "'''' " " " " " " " co " CUR\oED"'lA DELTA R~oIUS LENCTH 3'05'43"' 5 I' 16'1~'36" 100,00' 1'1'7"' 1 28,38' 919'1 0, ~B,81' '6'14"' 7. 1'35'380' lB' 4'32'~2"' 300.00' T' 3'39'17"' 19.1~' 0"53'35"' 300.00' <.68' LINE DATA BEARING LENGTH N37"19'38-E N 7'"W 14 ..~' R3 LINE " " ENVIRONMENTAL CONSTRAINT SHEET , . IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CAl\FORNIA SHEET 1 OF 1 SHEETS TRACT.No.30264-12 BE'NG A SUaoll'lSlON OF LOT 14 OF TRACTMN' NO. 29j05 AS SHOWN BYIoIAP ON FILE IN BOOK 378. PAGES Sl;~4B. INCl-USI\'E. Of MAPS. RECORDS Of RI\iERSlOE COUNTY, C......'fORNlA. HAlL'" fOREMAN, INC. AUGUST 2004- ENVIRONMENTAl CONSTRAINT "oTrs. I. tHl$PROPERTY IS LOCATEO 'MTHIN THIRT'T' (JO) MilES OF MO'JNT PALOI.lAR 08SERv,o,ro RY. ALLPROPOSEO OUTDOOR L1GHT1NG SYSTEMS SHAlL COUPlY 'MTH THE CA1.lHlRNI""NSTITUTE OF TECHNOLOGY,PAlO.......R 08SERVATORYREMOMIIlENDATIONS, ORQINANCE No. S55 2.THEWOLFCREEKENI'IRONMENTALIMPACTREPORT(EIR)WASPREPAREDfOllTH'SPRQJECT AND IS ON FlLE AT THE CITYOl' TEMECULA COMl.Il.INIT'!' O(\I[lOPl,lUH DEPARTt.lENT- J.TI<(SLlBJECTPIlOPERTYISIl.lPACTEOBYA'OOYEAR FLOOD Pl.AlN AS Sl10VlOj HEREON SEE SIiEET 2 fOR BASIS OF BEARINGS. t.lA.PLAVOOTSHEHA.NDIIIClNITYt.lA.P TKEENIIIRONt.lENTA.LCONSTRA.lNTINfORI.IA.nON SHOW>! ON THIS I.IA.PSKEHISFORINFORl.IA.TION PURPQSESOESCRI81NGCONOlnQNS A.SOf'THEO....TEOI'fIUNG.ANDISNOTINTENOEQTOA.ffECT RECORDIITLEINTEREST,THISINFORl.IATlONISOERIVEOFROt.l PU8UCRECOIlOSOR REPORTS. A.NO OOES NOT IMPLY THE CORRECTNESS OR SUfflOENCY Of THOSE RECORDS OR R(PQRTS 6VTHE PREPAREROf THIS I,IAP SKEET. 8ASIS OF 8EARINGS THE 8A5jS 01' 6EAAINCS fOR THISI.IAP IS THE CENTERUNE Of WOLF VALLEY ROAD SHOWN AS N~1'59'23"E AS SKOW>! ON .... MAP RECOI'lDED IN 600K 220 PAGES ~o THROUG<1 56. INCLUSIVE Of t.lAPS, RECORDS OF THE COUNTY Of RIVERSIDE. STATE OfCAUFQRNIA , , 40 , , , " , Lt-j ,. PRMCTSITE TRJIll64-ll WOI.fCREEKORIVES- " , , VlCINITY MAP ''IT<Ost.liL ~ }:) Icf 'V ",CJ 0' ~ .\ ",0 "Q;/ '" .,.\0, , 68 S-j h ~;' /fy -<i(', -& ./' - a /]; 17 >"- 0 , '( ~ t?-.. .:'J , Q 1'.( &_ "'{) ',0000 0, 0:" &^ , 0 ~ /' '-/" V",,,- , Q C! .:'J -0' 0' ...0', ~",O,,"'& ^" ~.r, v," ...0 ,'c ", q- l')-- -1. 'Y-1. " "-So ..... ~+. "VQ', "-to ... ~ '1,,1-<( , .....;;.- ""'" qlO CJV '" C)' ~ .\ o y; <()' -<,;;. ",:;~y CURvEDAlA CURvE OELTA RAOlUS LENCnl " '05'43"' SO.OO' " " , " , 00' 28.38' " 16'15'31"' , " " " "9"' 300,00' ~6.8" " '6'14"' , '" " '3"' 330,00' , " 4"32'5 .. ,8" " '17"' 00.00' 19,14' co 0'53'35-' 300,00' 4.68' LINEOATA LINE BEARING LENGTH " 3719' " N~6'OTJO"W " . '" BOOK T PAGE 316 z <C ~~ <.Do N- LL 0-<( N"'\ 0 --.J ,-) W ~ 0....0 .(f)w O~2 Z tJ ~ ~ 5 LL U LL 0 <(~>- rvOI- t= 3 0 >- ~ :.: Q: < ll. W I-- (/) I-- U W J o 0::: CL ~ Q: A I ! f s q: ~ Q: I 0.... <( 2~ < u >-Ul I-g zl5 _ z o > ~ m z ~ ITEM 9 APPROVAL C':. /' CITY ATTORNEY "1' DIRECTOR OF FINAN "<.-- CITY MANAGER U t/ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council 1J..:.,*illiam G. Hughes, Director of Public Works/City Engineer July 26, 2005 DATE: SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for the Pavement Rehabilitation Program FY 2005/06 - Ynez Road, Project No. PW04-12 PREPARED BY: Greg Butler, Principal Engineer Avlin R. Odviar, Associate Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program FY 2005/06 - Ynez Road, PW04-12. BACKGROUND: The Pavement Rehabilitation Program improves the quality of City roadways through pavement rehabilitation or reconstruction. Each year, staff consults the street inventory of the Pavement Management System and collects input from various departments (CIP, Maintenance, etc.) for locations in need of restoration. Staff evaluates the condition of the roadways, considers alternative solutions, and examines the projected budget. This project will address the roadway pavement on Ynez Road between Rancho California Road and Solana Way. The restoration will primarily consist of an overlay. For the most part, the surface of Y nez Road will be scarified and over-Iayed. In some isolated areas, the full depth of the roadway's structural section will be reconstructed. Existing features such as striping and traffic signal detector loops will be reinstalled. The plans and specifications have been completed and the project is ready to be advertised for construction bids. The contract documents are available for review in the City Engineer's office. The Engineer's Construction Estimate for this project is $800,000. FISCAL IMPACT: This is a capital improvement project funded by Measure A. Adequate funds are available in the Account No. 210-165-655-5804. ATTACHMENTS: 1. Location Map. R:\AGENDA REPORTSI2005\072605\PW04-12 Auth 10 Bid.DOC Iff ~ i~ij11t=J i ia~~ li~) ~ ~~ia ~ mmi ~ ~ i~;I~h ~ ~ ;~~ ~U Q ~II~I~~ ~ liiliil~l~ ~ I!!;~II 9 a~!~I~!l1 il UII~~ ; ~iil~ll~ ~ ~II~=JI i ~q iil;i ~ I ~ ~ J . II &f It f i ! ~ ~ It I It ~ ~ I r Ii ' ~p Hi all m iL il G) n I a a 0 II z en . -t (""') ;a - --i C -< n 0 .. "Tl -t <: - 0 .. --i 0 I r'1 N 3: Z .. r'1 ,. (""') -< < c '" Z '" r '" l> fTl z N ... '" '" I ;u '" 0 ,. to 1> .. i t:j '" ~ I i ~ c '" ~ I ~I .., ~ -< E 0 ~ '" 0 .... ... 0 i '" ~ ~ ~ i:Jl ! ., ~ n 2 \ ~ J R:\ODVIARlAutoCAD\EXHIBITS\cityaeriaI2.dwg, 07/01/2005 8:44:50 AM, Avlin.Odviar m z CI n o z en -t ;a C n -t - o z ITEM 1 0 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council rJA~iIliam G. Hughes, Director of Public Works/City Engineer July 26, 2005 DATE: SUBJECT: Completion and Acceptance of Construction Contract Traffic Signal Installation at Pechanga Parkway and Muirfield Drive Project Number PW99-11TS PREPARED BY: Amer Attar, Principal Engineer Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council: 1. Accept the project, Traffic Signal Installation at Pechanga Parkway and Muirfield Drive, Project Number PW99-11TS as complete; and 2. File a Notice of Completion, release the performance Bond; and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On March 22, 2005, the City Council awarded a construction contract in the amount of $117,205.00 to DBX, Inc., of Temecula, California for traffic signal installation at the intersection of Pechanga Parkway and Muirfield Drive, Project No. PW99-11TS. The traffic signal installation at the intersection of Pechanga Parkway and Muirfield Drive is included in the Wolf Creek Specific Plan and part of the approved Capital Improvement Program for Fiscal Years 2005- 2009. This traffic signal installation will eliminate the need for a traffic signal at Clubhouse Drive as agreed to by the Rainbow Canyon Homeowners Association. The contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The construction retention for this project will be released on, or about 35 days after the Notice of Completion has been recorded. FISCAL IMPACT: The Pechanga Parkway Improvements - Phase II project is a Capital Improvement Program project funded through DIF - Street Improvements, Pechanga Indian Tribe Reimbursement, Public Land and Highways Grant, and the Wolf Creek Community Facilities District. The total construction cost of the project was $118,445.00. ATTACHMENT: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release R:\AGENDA REPORTS\2005\072605\PW99-11TS NOC.doc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589.9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described: Traffic Signal installation at the intersection of Pee hang a Parkway and Muirfield Drive. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to DBX, Inc., 42066 Avenida Alvarado, Suite C, Temecula, CA 92590 to perform the following work of improvement: Traffic Signal Installation at the intersection of Pechanga Parkway and Muirfield Drive. Project Number PW99-11TS 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula, and that said work was accepted by the City Council of the City of T emecula at a regular meeting thereof held on Julv 26. 2005. That upon said contract the Developers Surety and Indemnity Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as foiiows: Traffic Signal Installation Pechanga Parkway and Mulrfield Drive Project Number PW99-11 TS 6. The location of said property is: Temecula, California Dated at Temecula, California, this 26'h dav of July 2005. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones, CMC, City Clerk I, Susan W. Jones, CMC City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE 0 F COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 26'h day of Julv 2005. Susan W. Jones, CMC, City Clerk R\AGENDA REPORTS\2005\07260S\PW99.11TS NOC.doc EXECUTED IN TWO COUNTERPARTS BOND 11839133P PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW99.11TS PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS KNOW ALL PERSONS BY THESE PRE:SENT THAT: DBX, INCORPORATED 42066 AVENIDA ALVARADO, SUITE C TEMECULA, CA 92590 NAME AND ADDRESS CONTRACTORS a CORPORATION (tiD In whether a CoIpor.JUon, r~artnershlp or Individual) , hereinafter called Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, In the penal sum of ELEVEN THOUSAND EIGHT HUNDRED FORTY-FOUR DOLLARS and FIFTY CENTS ($ 11,844.50 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 22ND day of MARCH, 2005 , , a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PWgg. 11TS, PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEME:NTS. WHEREAS, said Contract provides that the Principal will fumish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on_ JUNE 16, 2005. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estlmate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or It shall appear that defective materials were furnished thereunder, then this obligation shall remain In full force and virtue, otherwise this Instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attomey's fees Incurred by the City of Temecula In successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAlr-rreNANCe BOND M.' R~CIP\PROJECTS\PWll9\!I9" lTS Pech8nga PIovy.Muirlield DI\IlId DOOI &. SpecsIBlD SPEC ~OV 2004.001 The Surely hereby stipulates and agrees that no change, extension of lime, alteration. or addition to the terms of the Contract, or to the work to be perfonned thereunder. or to the speC/tlcations accompanying the same, shall In any way affect its obligallons on this bond; and it does hereby waive nolice of any such change, extensIon of time, alteration, or addiUon to the terms of the Contract. or to the work, or to the SpecificaUons. Signed and sealed this 5TH day of JULY ,2005. (Seal) DEVELOPERS SURETY SURETYnAND DEMNITY~l1' Y \/' --1 /: I By: I ~;--' ~ DBX, I~RATED ~~ CRARLES L. (Name) ATTORNEY-IN-FACT (1ilIe ) PRIN By: APPROVED AS TO FORM: J I PERRY (Name) PRESIDENT & SEC/TREAS (RIe) By. (Name) Peler M. Thorson, Cily AUom8y (TItle) MllJNTENANCE BONO M-2 a.'l"IIt'J\nDn~OIn..MtI\I'lt\ 4('1'0 ""__L____ ...._ __.. ....._............... ...___.. "'---_--'........ ~........ ........., ft",^A ..1_. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 7-5-05 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be the wi thin instrument and same in his authorized instrument the person person acted, executed CHARLES L. FLAKE personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. ~ JdkBJtJ<Jd Signa u of Notary Public ..... -.. .... .... .... .... ..... ..... ..... ( LEXIE SHERWOODl:; COMM.' 1311304 NOTARY PUBLIC-CALIFORNIA Gl ORANGE COUNTY 0 COMM. EXP. JULY 27. 2005- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR TYPE OF DOCrJHE:NT NVHBER OF PAGES 2 DATE OF DOCrJHE:NT 7-5-05 CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER TITLE (5) o PARTNER(S) o OTHER: ~ ATTORNEY-IN-FACT 0 TRUSTEE(S) SIGNER IS REPRESENTING: DEVELOPERS SURETY AND INDEMNITY COMPANY NAME OF PERSON(S} OR ENTITY(S) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263.3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint: ***David L. Culbertson, Charles L. Flake, Karen Winland, Richard A. Coon, Lexie Sherwood, Matthew P. Flake, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perfonn every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and aU of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I. 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney; RESOLVED. FURTHER.., that the signatures of such officers may be affixed to aoy such Power of Attorney or to any certificate relating thereto by facsImile. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affIxed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of February, 2005. C)~ ,.."............ ~...;'i ANO I~:'.... ",9,-<<: ............'<>"".. l"i ,....Q..l>.POIl.f.......~\ ~ ':Ii.' v I'.L."~-:' :Or.,: '\' '.~-:. i<ri OCT. \-<, ~~t 10 EnE l~\ 1936 i~i \.~"" .....ltl ..-1~...JOw~....~ " .......<7.........". .,...". .".......~,.....,~. By: ~~.;::;;;;~ Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. ) COUNTY OF ORANGE On February 1,2005. before me, Nita Ci Hilfmeyer, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on thc basis of satisfactory evidence) to be the persons: whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted. executed the instrument. WITNESS my hand and official seal. Signanue ~ //~ ~A . . . . ~ ~~A~..H~F~E~R. ~ "'. COMM.#1543461 :;; ~ NOll\RY P\JBUC CAlJFOONIA 5 ;: . ORANGE COUI>ITY '" '1. . . . ':"':"':''':.~~":n..'o:~~lt CERTIFICATE The undersigned. as Executive Vice~President,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA., does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 5 TH day of BY~~ti:'=J:::7\ JULY 2005 ID-1380 (Rev. 2/05) EXECUTED IN TWO COUNTERPARTS BOND 11839133P PREMIUM: INCLUDED IN PERFORMANCE BOND CIlY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND FOR PROJECT NO. PW99.11TS PECHANGA PARKWAY & MUlRFIELO ORNE TRAFFIC SIGNAL IMPROVEMENTS KNOW ALL PERSONS BY TltESE PRESENT THAT: DBX, INCORPORATED 42066 AVENIDA ALVARADO, SUIT~ C TEMECULA, CA 92590 NAME AND ADDRESS CONTRACTOR'S a CORPORATION (fill In whether s Catpo",tJon, ::'srlnsrs/llp or InalVidusl) , hereinafter called Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY P.O. BOX 19725 IRVINE, CA 92623 NAME AND ADDRESS OF SURETY hereinafter called SURETY. are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of ELEVEN THOUSAND EIGHT HUNDRED FORTY FOUR DOLLARS and FIFTY CENTS ($ 11,844.50 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns. Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 22ND day of MARCH, 2005 , ' a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW99. 11TS, PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS. WHEREAS, said Contract provides that the Principal will fumish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said Job, by the OWNER, against all defects In workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on ~ JUNE 16, 2005. NOW, THEREFORE, THE CONDIllON OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said Job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship In the execution of said work, and the carrying out of the terms of said Contract, or It shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attomey's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. MAlfolTENANCE BOND M.' o"l":,O\.on.IF""""'Wll9\Q9."TS P_ PkwY.Mulrfield Dl\Ilkl Docs 8. Spoco\BlD SPEC NOV 2llIl4.dot The Surely hereby stipulates and agrees that no change, extension of time, alteration, or addition to the tenns of the Contract, or to the WO/f( to be perfonned thereunder. or to the specifications accompanying the same, shaD In any way affect i1s obligations on this bond; and it does hereby waive notice of any sucl1 change. extension of lime, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 5TH day of JULY .2005, (Seal) DE ELOPERS SURETY NDEMNITY ANY IPAL DBX';'~PORATED o By: CHARLES 1. FLAKE (Name) ATTORNEY-IN-FACT (Tille) JI PERRY (Name) PRESIDENT & SEC/TREAS (TIle) By: APPROVED AS TO FORM: (Name) Peter M Thorson, City AUomey (1l1Je) MAIN'rElo/ANCE BOND M-2 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 7-5-05 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared known to me to be the wi thin instrument and same in his authorized instrument the person person acted, executed CHARLES L. FLAKE personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WI~SS my hand and official seal. V, ,/,;/ wi.. U)rJ()L Sign~~. Nori.ry ~c OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND TITLE OR 1'rPE OF DOCUME:NT NVHBER OF PAGES 2 DATE OF DOCUME:NT 7-5-05 CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER TITLE(S) o PARTNER (S) o OTHER: ~ ATTORNEY-IN-FACT 0 TRUSTEE (S) SIGNER IS REPRESENTING: DEVELOPERS SURETY AND INDEMNITY COMPANY NAME OF PERSON{S) OR ENTITY(S) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725. IRVINE. CA 92623 (949) 263.3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***David L. Culbertson, Charles L. Flake, Karen Winland, Richard A. Coon, Lexie Sherwood, Matthew P. Flake, jointly or severally*** as their true and lawful Attomey(sHn~Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties. bonds. undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corpomtions could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be, and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signah1res shall be valid and binding upon the corporation when so affIxed and in the future with respect to any bond., undertaking or-contract of suretyship to wbich it is attacbed. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1st day of February, 2005. C)~~ ............... ......... A.ND ",...... ""'~"-"'...............~C~.... ,.,g; .....o\,OPOIl.i;....~\ 5 ... tI <f:".;~~ i:Jf OCT. \~: ~~i 10 lnE l~\ 1936 .i~! \~"" lOW"," i'~'bi ..... .,q..................~~ ...., ......... * .......,. ............. By: ~,-"~~ Walter A. Crowell, Secretary STATE OF CALIFORNIA ) )SS. ) COUNfY OF ORANGE On February I, 2005, before me, Nita G, Hiffmeyer, personally appeared David H. Rhodes and Waller A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscnbed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WIlNESS my hand and official seal. Signan= ~ 4-1iff7R0 ~~ . . . . . ~rrA~~H;~~~R~ ~ ..e COMM..1543481 ,. ~ N01llIl'f PUBUC CAUFQANIA 15 ;: . . ORANGE COUNTY .. '[. . . . ~~~.~:":~..10:2~lt CERTIFICATE The undersigned, as Executive Vice-President, of DEVELOPERS SURETY AND INDE:MNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 5 TH day of JULY 2005 -=?.~ ~ I~ BY~ . David L. Kerrigan, Executive Vice~President ID.1380 (Rev. 2/05) CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW99.11TS PECHANGA PARKWA Y & MUlRRELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS This is to certify that OBX. I NC. , (hereinafter the 'CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW99.11TS, PECHANGA PARKWAY & MUIRFIELD DRIVE TRAFFIC SIGNAL IMPROVEMENTS, situated in the City of Temecula, State of California, more particularly described as follows: Traffi c Si gnal at Pechanga Pkwy & Mui rfi eld INSERT ADDRESS OR DESCRIBE LOCATION OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute -0- Pursuant to Public Contract Code ~7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: Jul y 6. 2005 CONTRACTOR B, ~~- ~m Perry. President Print Name and Tille RELEASE R.l R:\CIPlPROJECTS'l'W99I99-11TS Pechanga Pkwy-Muirfiekl DrlBkllJocs & Specs\BID SPEC ITEM 11 APPROVAL CITY A"TTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: .~ William G. Hughes, Director of Public Works/City Engineer DATE: July 26, 2005 SUBJECT: Professional Services Agreement - Vali Cooper & Associates, Inc. Contract for Construction Management and Inspection Services for City-Wide Verizon Fiber Optics FTTP Installation Project PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Approve an agreement with Vali Cooper & A ssociates, Inc. in a n a mount not toe xceed $205,040.00 to provide Public Works Construction Management and Inspection Services for the Verizon City-Wide FTTP (Fiber to the Premises) Project, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve Change Orders not to exceed the contingency amount of $20,504.00, which is equal to 10% of the agreement amount. 3. Approve an appropriation in the amount of $225,544.00 to the Public Works Engineering Consulting Account from the Encroachment Permit Revenue for the Verizon Fiber Optics Project. 4 Increase Encroachment Permit Revenues in the amount of $225,544.00 in the General Fund Reserves. BACKGROUND: Over the next tweive months Verizon Communications intends to install underground conduit within each residential street throughout the City of Temecula in order to provide each resident access to fiber optics telecommunications services. The installation work will require extensive horizontal boring beneath sidewalks along with limited open trench excavations behind sidewalks and across roadways throughout the City. Due to the magnitude of the project, it will be necessary to employ additional inspection personnel to adequately oversee the proper placement of the proposed facilities and the restoration of disturbed public improvements. To meet the additional inspection requirements, a consultant will be retained to provide construction management and inspections services. The service provided will include observation and inspection, traffic control plan review and coordination services between Verizon, the City, and the public. In July 2005 staff evaluated three proposals received for providing professional services as outlined in Request for Proposal dated October 13, 2004. The firms were ranked, and negotiations commenced with the number one ranked firm Vali Cooper & Associates. Vali Cooper has provided inspection 1 R:\AGENDA REPORTS\2005\072605\Vati Cooper.Verizon FTTP.agr.OOC services for the City's Public Works Department in the past for various CIP and Land Development projects including the inspection services for Adephia Cable Communication expansion within the City. Vali Cooper's performance in the past with these projects has been very satisfactory. This Professional Services Agreement with Vali Cooper & Associates for Construction Management and Inspection Services is for an amount not to exceed fee of $205,040.00. The cost of the consultant services will be reimbursed through Encroachment Permit fees. The permit fee revenue for the Verizon project is estimated to be $400,000. This amount is based on the City Permit Fee Schedule for conduit installation at 25 cents per lineal feet (The estimated total amount of conduit placement for the Verizon project is 1,600,000 lineal feet City-wide). A total of approximately seventy 'hub areas' throughout the City will be permitted and applicable fees will be collected based on lineal feet for each hub area permitted. The positive dollar difference between the anticipated permit fees collected and the Construction Management costs will be used to pay for City Staff plan check and administrative costs. FISCAL IMPACT: Verizon will be paying approximately $225,000.00 in Encroachment Permittees revenues which are intended to offset the cost of the services provided by Vali Cooper & Associates, Inc. for the Verizon Project. An appropriation of $225,544.00 is necessary to fund this contract. ATTACHMENTS: Agreement with Vali Cooper & Associates 2 R:\AGENDA REPORTS\2005\072605\Vali Cooper.Verizon FTTP.agr.DOC AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES CONSTRUCTION MANAGEMENT and INSPECTION SERVICES CITY-WIDE VERIZON FIBER OPTICS FTTP INSTALLATION THIS AGREEMENT is made and effective as of July 26, 2005, between the City of Temecula, a municipal corporation ("City") and Vali Cooper & Associates, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 26, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no eventlater than July 26, 2006, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. .3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed Two Hundred Five Thousand Forty Dollars and No Cents ($205,040.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. D.\^_~____....~_\I..... ^_______&_"'_" ......~____ b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to' Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consuitant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 R.\A...r"''''........hh..\1 n ^_______._n ,_" ,..._ ___ 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of a II work, data, documents, proceedings a nd a ctivities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage fonm CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 3 R:\Aareenebts\LO Aareemenl"l\Vl'll; CnnnF!r _ VAri.,.nn ~{1lTTlt (4) Professional Liability Insurance shall be written 0 nap olicy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1 ,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecVlocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability pOlicies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute withi!. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4 O.\^______'-~_\I,..,."~ _ _'on' '" ~ (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Consultant shall furnish the City with 0 riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on fomns provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a whOlly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12: LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters of support, testimony at depositions, response to interrogatories 0 r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. 5 R:\A.greenebts\LD AgreementsWali Cooper - Verizon aarmt b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Vali Cooper & Associates, Inc. 3900 Market Street, Suite 250 Riverside, California 92501 Attention: Bob Wilson, Construction Manager 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 6 R:\Agreenebts\LD AgreementsWali Cooper - Verizon aQrmt 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 R:\Agreenebts\LD AqreementsWali CaODer - Verizon aannt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Vali Cooper & Associates, Inc. 41 Washington Ave. pt. Richard, CA 94801 (510) 215-0760 Agnes Weber, Executive Vice President Connie Preston, Executive Vice President (Two Signatures of Corporate Officers Required For Corporations) 8 R:\Agreenebts\LD AgreementsWali Cooper - Verizon agrmt EXHIBIT A TASKS TO BE PERFORMED CONSTRUCTION MANAGEMENT and INSPECTION SERVICES CITY-WIDE VERIZON FIBER OPTICS FTTP INSTALLATION 9 R:\Agreenebts\LD AgreementsWali Cooper - Verizon aarmt -, -, ., -, , n I' I' I I i L l [ r r r [ f 1\:' . ~..., t.,~ -!" ,-,< .~"\, VAll COOPER & ASSOCIATES INC. CONSTRUCTION MANAGEMENT CONSULTANTS January 27, 2005 Steve Charette Associate Engineer - Land Development City of Temecula Public Works Department 43200 Business Perk Drive Temecula, CA 92589-9033 Dear Mr. Charette: Thank you for inviting Vali Cooper & Associates, Inc. (VC&A) to propose on providing you with construction management services for the City-Wide Verizon Communications Fiber Optics FTTP Installation project. VC&A has provided the City with construction management and Inspection support since 2000, including for over 400 miles of fiber-optic cable placed throughout Temecula. involving 80 miles of directional boring utilizing up to 50 crews. We are proud of the quality of our personnel and the work they have performed in Temecula. For the position of construct/on manager, we offer you an excellent candidate who spent the past several months inspecting CIP projects in Temecula for David McBride. Bob Wilson has over 25 years of experience both as a contractor and construction manager in both the public and private sectors. Many of Bob's projects have included directional boring to install fiber-optic systems, placing conduit and Installing pull boxes. vaults, hub cabinets and similar items. He also has verified that city infrastructure work was repaired or replaced per city standards and specifications. Bob also has a long history of reviewing and monitoring contractors' traffic control plans and verifying the safety of the public and performing public relations services. Bob recentiy Inspected projects in Temecula that include the Jefferson Avenue Pavement Rehabilitation (Phase II), Winchester Road at Ynez Road Improvements, Winchester Road Improvements between Jefferson Avenue and 1-15, and the Wolf Creek Sport Complex. He is excited at the prospect of continuing to work In Temecula. Doug Franco, PE, will serve as contract manager, responsive to the needs of the your contract with us and responsible for VC&A's services to be provided, including the oversight of Bob's work. Doug provides this same role on most of VC&A's contracts in southern California, including several current contracts in Riverside County. In addition, I will serve as principal-in-charge, assuring VC&A's corporate commitment to the City of Temecula. I have performed this same role with the City for the past five years. This proposal is valid for a minimum of 90 days. VC&A has reviewed the City's Standard Professional Services Agreement and, if selected, will execute the agreement. Thank you again for this opportunity. We look forward to continuing our successful relationship with the City of Temecula. Meanwhile, if I can provide you with any additional information, please call me at VC&A's corporate office toll free at (888) 560-2667.or on my cell phone at (510) 774-9967. Very truly yours, VALl COOPER & ASSOCIATES, INC. 4~w~ Agnes Weber. PE Executive Vice President 3900 MARKET STREET. SUITE 250 . RIVERSIDE, CA 92501 . ~ 788-6028 . FAX: (909) 788-8025 ] ] ] ] ] ] ] ] J J ] ] ] ] J ) t ] 3. Approach Below is a narrative that addresses the construction management scope of work VC&A's construction manager will provide. During construction, Vc&A recognizes that our role is to oversee the contractor's adherence to the requirements set forth in the construction contract and to facilitate the coordination with all parties beyond the contractor Involved in the project. VC&A will provide all necessary safety equipment, vehicles and mobile communications required for our personnel to perform their work efficientiy and safely. Our construction manager will be available by telephone to the City 24 hours a day. PROJECT SITE INVESTIGATION AND REVIEW OF CONTRACT DOCUMENTS AN PERMITS Bob Wilson, our construction manager, will visit each project site where Verizon intends to begin work. He will review all project permits, and questions or concerns will be addressed with the City. Documenting the sttes prior to construction is essential. Good documentation can help mitigata disputes between the City, Verizon and property owners within or adjacent to the project limits. Our documentation inciudes photographs and videos of the construction site. This information is logged and filed with the project files. Special attention will be given to sensitive areas. ESTABLISH RELATIONSHIPS AND FINALIZE PROJECT PARAMETERS WITH THE OlY Bob will meet with the appropriate representatives from Verizon, the City, permitting and regUlatory agencies, and local public services impacted by the project. Parameters to discuss and determine include: . Project filing system . Lines of communication . Levels of authorization . Procedures for contract change orders . Project emergency procedures . Local emergency services notification and access . Public interaction highlights SCHEDULING MEETING AND PRECONSTRUGlON MEETING Bob will first coordinate and attend a scheduling meeting to ensure that work in the various hubs are well coordinated. During construction, he will coordinate with Verizon to maintain updated construction schedules for the City's use. He will also, at the City's discretion, conduct the preconstruction meeting, which will be attended by Verizon representatives, contractor and City staff, utility company representatives, and any other involved entities. At this meeting, project specifics will be discussed including contract submittal requirements, quality control standards, change order and potential claim procedures, contrectors construction schedule, traffic control, public relations, technical issues and safety procedures. An agenda and meeting minutes will be prepered. 3 - 1 VALl COOPE~ & ASSOCIATES,INC. ) i , ] ] ] ] ) ] ] ] - J J COORDINATION AND CORRESPONDENCE Bob will serve as the day-to-day focal point for coordination among the City, Verizon, contractor(s), utility companies and others. He will consutt, advise and issue Instructions on behaW of the City to Verizon and Verizon contractors. He will document all communications with the contractor in correspondence and daily diaries TRAFFIC CONTROL Traffic control will be critical, especially considering the vastness of the area where Verizon will be performing the work, and the fact that many of the affected city collector and arterial streets are in residential areas. Bob will ensure that traffic control plans submitted by Verizon are to the satisfaction of the City's Public Wor!<s Traffic Division. Throughout construction, Bob will monitor the contracto~s traffic oontrol and safety provisions. Bob has extensive experience with traffic control, including in the City of T emecula. PUBLIC RELATIONS VC&A has a strong history of implementing strong public relations programs on our oonstruction management projects. Because we understand the City's local accountability to residents affected by the wor!<, VC&A is able to personally notify and explain the projects to local residents, landowners and others that may be affected by the wor!<. Bob will receive and respond to all resident inquiries and complaints In a timely manner, and coordinate with Verizon and the contractor(s) until the issues are resoived. Bob can set up a 24-hour project telephone hoUine to aid in this task. SAFETY VC&A takes safety very seriously. Our employees are all required to conduct weekly tailgate safety meetings at least every ten working days on relevant project safety topics. Safety training is provided to employees as needed such as fall protection, confined space and 40 hours HAZMAT. We require that all projects have a safety/emergency bulletin board with the project~pecific Code of Safe Practices and emergency phone numbers and procedures posted. We also have a Safety Manual that contains all company safety related information, policies and procedures, and a designated company Safety Officer who periodically visits all our projects to verify that our field staff are following intemal safety policies. Although the contractor is responsible for jobsite safety, our field staff will continuously monitor the contractor for adherence to the safety requirements per the contract and CaIOSHA and will document any found deficiencies In a Safety Diary and require corrective action be taken immediately. VC&A will monitor, and request modification of traffic control plans CONTRACT ADMDINISTRATION VC&A has developed a Contract Administration Tracking System (CATS) to effectively perform the contract administration requirements of a project. CATS is modeled after the Caltrans Construction Manual and is easily tailored to fit the City's administration procedures. CATS contains a system for organizing project files and oomputer- generated forms and spreadsheets to assist in tracking correspondence, submittals, RFls, contract change orders, progress pay estimates, as well as documenting materials testing results. The forms can be easily tailored to meet the needs of the City. Although the scope of wor!< is more of an oversight role, there may be documents in CATS that will be helpful in performing our scope of wor!< such as: . Maintaining project files . Submittal logs . RFllogs . Correspondence tracking . Tracking status of contract change orders . Tracking progress pay estimates and overall project budget . Tracking potential claims . Tracking materials testing results and follow-up . Phone logs for public relations VALl COOPER & ASSOCIATES, INC. 3-2 NPDES PERMITS VC&A brings special expertise in storm water pollution prevention plan (SWPPP) compliance and National Pollution Discharge Elimination System (NPDES) compliance. We are currently on Gal/tans'Stann Water Task Force, where we Identify best management practices (BMPs) and corrective measures to bring projects statewide into contract and regulatory compliance. All of our staff are trained in the latest NPDES requirements and SWPPP BMPs. ON-SITE INSPECTIONS All field Inspections are documented on Bob's Daily Diary in accordance with the City's procedures. Reid activities associated wlth the projects Include: . Monitoring the contractor's work for general conformance with the plans and specifications . Documenting the progress of the work wlth daily diaries and photographs . Reviewlng, approving and mon~oring traffic control plans . Ensuring satisfactory repair and restoration of City property and landscaping . Enforcing Encroachment Perm~ requirements . Acting as the point of contact for City to consult,. advise and issue instructions to the contractor . Providing recommendations for change order work . Coordinating RFI responses . Recommending corrective actions for unsatisfactory performance by the contractor . Maintaining as-bui~ drawings . Reviewlng and logging materials test results and addressing non-conforming tests . Rling and other job related paper work . Coordinating and conducting final inspections WEEKLY MEETINGS Bob will conduct weekly progress meetings to address the status of the project and project issues. He wili prepare and distribute agendas, minutes, and an issues list. He wili receive all contractor correspondence and prepare and transmit responses, coordinating wlth applicable parties, as required. LABOR COMPLIANCE VC&A understands that some work may require payment of prevailing wages and submission of certified payroli. i We have office personnel on staff who can verify the contractor's compliance wlth labor laws, including interviewlng ~ workers, verifying certified payrolls and monitoring subcontractor utilization for compliance with DBE commitments. '.i POST-CONTRUGION SERVICES A project is only truly completed when all the construction is complete, including the punchlist items, the final payment is approved and accepted, and the project paperwork is completed and archIVed. The schedule for this part of the process is as sensitive as any and must be attended to efficiently. The tasks include: . Performing a project walk-through wlth the C~y (and Verizon, if required) and developing a punchlist of remaining items of work after contractor is substantially completed with the work . Following through with the contractor's completion of punchllst items . Conducting a final project review with the City, Verizon and other agencies that must accept the work. Upon satisfactory completion, VC&A submits a formal recommendation for project acceptance based on our best knowledge and belief that the project is completed in accordance with the plans and specifications. . A final submittal package of ali field records is submitted to the owner in an organized manner. Along wlth the records, a project completion report Is prepared which Includes: 3-3 VALl COOPER & ASSOCIATES,INC. EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\Agreenebts\LD AQreementsWali COODer - Verizon aormt o A summary of change orders and potential claims o A summary of the materials tested and Incorporated into the work o Rnal project schedule o Rnal project expendttures o Summary of final acceptance o As-bum drawings Following Is a spreadsheet showing the estimated number of hours for Bob and the cost of VC&A's services. [ I -I , VALl COOPER & ASSOCIATES, INC. 3-4 VAll COOPER AND ASSOCIATES, INC. COST PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES for CITY-WIDE VERIZON COMMUNICATIONS FIBER OPTICS FTTP INSTALLATION PROJECT January 27, 2005 r'J.1I11('<'<Tltl" HOllilyl~"tP I,t IIOlIIS OTH.1te LsIIIOlII' r<,lllll.1ll'cllosl Doug Franco, PE Contract Manager $130.00 o N/A N/A $0.00 Bob Wilson Construction Manager $98.00 2080 Other Direct Costs (photo developing, office supplies etc.) $117.50 o $203,840.00 $1,200.00 ESTIMATED TOTAL $205,040.00 Assumptions: 1. Estimating hoI.rs for one year (2080 haLOS) for constnJction manager, 40 hour wor1< week with no overtime. 2. Hour1y rate for Doug Franco is provided for Infannelion only. He Is available to assist the City if requested. 3. Other direct costs estimated at $1 DO/month. 4. Hour1y rates include base pay, fringe benefits. overhead, fee and basic field equipment including vehicles, safety gear and hand tools. 5. All hours are billed in conformance to tha California labor Code and prevailing wage requirmenets. 6. Assume City provides offICe space for one constnJction manager. 7. Pay Increases may be requested for employees on assignments lasting more than one year. 1/26/2005 Page 1 of 1 ITEM 12 APPROVAL IA. - CITY ATTORNEY ~E DIR. OF FINANCE CITY MANAGER ( YfJ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems William G. Hughes, Director of Public Works/City Engineer DATE: July 26,2005 SUBJECT: Award of Consultant Services Agreement for the Temecula Library Information Systems, Project No. PWOO-07 Prepared by: Tim Thorson, Infonmation Systems Director RECOMMENDATION: That the City Council: 1. Approve the consulting services agreement with Conduit Consulting Networks in the amount of $34,200.00, and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,420.00 which is equal to the 10% contingency. BACKGROUND: A primary goal of the new Temecula Library is to develop technology that will provide a phenomenal multi-media experience for our citizens. As a result, the IS Department posted a Request for Qualifications (RFQ) on the City's website. The purpose of this project is to develop the optimal Temecula Library IS architecture and implementation plan to ensure that all the requirements of the Office of Library Construction Grant are satisfied. This effort will help ensure that equipment purchased by the City supports LSSI applications and that these systems can be supported by the City of Temecula IS Department. Properly planning for technology on the front end will ultimately save money and time on the back end of the Temecula Library construction project. Discussion: This RFQ closed on June 10th with three submittals. The RFQ replies consisted of: - Walker Consulting, LLC - Irvine Ca - Library Systems and Services, LLC. - Riverside Ca - Conduit Networks - Temecula Ca The RFQ submittals were reviewed by the following individuals: Tim Thorson Genie Roberts Aaron Adams Phyllis Ruse The submittal selected was Conduit Networks. The benefits of this consulting company are: A local Temecula technology consulting firm Their submittal was the only one that adhered to the requirements of the RFQ. The cost was $34,200.00, which is in the range budgeted for. The Conduit Networks systems analysis methodOlogy consists of the following: I. Phase 1: Evaluation and Documentation a. Deliverables i. Provide current system documentation (LSSllibrary systems) ii. Presentation of current application state II. Phase 2: Fit-Gap Analysis a. Deliverables i. Provide analysis of LSSI applications/City Architecture and Policies/Standards ii. Provide analysis of Operational goals and technological solutions ili. High Level check and balance with key players/stakeholders iv. Provide review of LSSI supporting systems v. Document and recommend best practices vi. Final presentation and written report FISCAL IMPACT: The Temecula Public Library is funded through Development Impact Fees, reimbursements from Riverside County, Friends of the Library, State Library Grant Funds, and Capital Project Reserves. Adequate funds are available for the total consultant agreement cost of $37,620.00, which includes the agreement amount of $34,200.00 plus the 10% contingency amount of $3,420.00. ATTACHMENTS: 1. Agreement 2. IS-RFQ05/01 - Statement of Qualification and Implementation Plan AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH TEMECULA PUBLIC LIBRARY PROJECT NO. PWOO-07 THIS AGREEMENT is made and effective as of July 26, 2005, between the City of Temecula, a municipal corporation ("City") and Conduit Networks ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 26, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2006, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and setforth in Exhibit A, attached hereto and incorporated herein as though setforth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office ofTemecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any tenms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Thirty Four Thousand Two Hundred Dollars and No Cents, ($34,200.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the perfonmance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends ortenminates a portion of this Agreement such suspension or tenmination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Cons.ultant the actual value of the work perfonmed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the tenms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate detenmines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall penmit City to make transcripts there from as necessary, and 2 shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of tenmination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the penmission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 3 project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1 ,000,000) peraccidentfor bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions ofthe policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 f. Verification of Coveraae. Consultant shall fumish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for perfonming services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself infonmed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other infonmation conceming the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 5 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Conduit Networks 42111 Avenida Alvarado Ste 2B Temecula, CA 92590 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree thalthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City ofT emecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 6 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney Conduit Networks 42111 Avenida Alvarado Ste 2B Temecula, CA 92590 By Its Guy Reams By Its Tony Tooley (Two Signatures of Corporate Officers Required For Corporations) 7 EXHIBIT A STATEMENT OF WORK 1.1 PROJECT DESCRIPTION The purpose of this project is to document the current LSSI Library systems/applications, determining future plans for the systems/applications, performing a fit-gap analysis, and proposing a Library Information Systems Architecture and Implementation Plan. The project will involve three (3) phases: information gathering and documentation of current library systems/applications, information gathering and documentation of the future application desires and strategic planning, and fit-gap analysis. Company will perform interviews, system reviews and business case analyses in order to discover best-fit solutions for the new library facility. 1.2 PROJECT TEAM Consultant' team for discovery, information gathering, and analysis will include the Project Manager: Guy Reams and the members identified in the attached RFQ 1.3 PROPOSED ENGAGEMENT PROCESS Consultant's team members will be engaged in reviewing, discussing and gathering information in the fOllowing areas: Phase I Evaluate and Document Current Library Applications, Operational Requirements and Plans of Service A. Initial Discovery about City of Temecula Library 1. Walk through the proposal and make sure all deliverables are reasonable and identified 2. General discussion about LSSI Systems 3. High-level fact finding about peripheral systems, IS systems 4. High-level discussion about City of Temecula Department, and LSSI Members and their background 5. Plan interview dates and availability of City of Temecula Library team members 6. Identify any missing team members or overlay of team members roles 7. Layout a project plan for all phases B. Detailed fact finding about City of Temecula Library, peripheral systems and IS systems C. Gather key system and programming information on LSSI Library and other related system/applications D. Interview key staff members regarding the current status of the library systems/applications 8 E. Study all the business functionality, its process flow, its interdependencies and connections with other systems, its required network and system infrastructure, and the programming structure F. Explore the current system architecture that supports LSSl Library applications and analyzing performance in respect to the current system/application structure G. Explore the high-level methods for the current development, QA and change control processes H. Document existing status of the library system. This includes: 1. Business function diagrams 2. System interdependencies 3. Voice and Data Communication paths 4. System architecture and application architecture I. Document team members, organization and responsibilities Phase II Evaluate and Document the Future Plans, Strategies and Immediate Requirements J. Identify and explore future features, business functionality, and goals for the application K. Identify performance criteria, performance demands for LSSI Library systems/applications L. Document future business goals for systems/applications as well as the performance criteria and any realistic or unrealistic desires Phase III Fit-Gap Analysis M. Analyze current systems, application architecture and system architecture for best practices N. Create options for best fit: 1. Process flow 2. Programming structure 3. System requirements 4. Growth strategies 5. System availability and maintenance O. Analysis to include methods for achieving the proposed IS Architecture including architectural schematics, functionality requirements, and an implementation plan. 9 Exhibit B: Proposed Budget for Project Deliverables: Systems Analysis Effort Methodologies Investment Project Management $3000 Requirements Discovery Process including all necessary interviews and artifact review $12000 Research and Analysis of Applications $8000 Phase 1: Evaluation and Documentation Deliverables Investment Provide Current System Documentation (as specified in RFQ) $4000 Presentation of ClJrrent Application State $1200 Phase 2: Fit-Gap Analysis Deliverables Investment Provide Analysis of LSSI Applications / City Architecture and Policies $600 Provide Analysis of Operational Goals and Technological Solutions $600 High Level Check and Balance with key players $600 Provide Review of LSSI Supporting Systems $300 Provide diagram of Proposed Systems Architectures $2400 Document Best Practices $300 Final Presentation $1200 Estimated Total $34,200.00 11 conduit <!- networks 27247 Madison Ave. Suite 600 Temecula, CA 92590 951.693.3000 June 10, 2005 Tim Thorson 43200 Business Park Drive Temecula, CA 92590 Tim, Thank you for the opportunity to respond to your RFQ for the new library. As a citizen of this community, I am excited and encouraged that the City is expanding the role of education and technology. This library is an opportunity to create something that will be a showcase of the vision and inspiration of its creators. To be a small part of that would be an honor. Included with this letter are four copies of the Qualification Summary as outlined in the Request for Qualifications (IS-RFQ05l01). I feel that the system analysis and design team at Conduit Networks Inc is well suited for this project because our company understands the objectives of the City and the Information Systems department I look foIward to working with you on this exciting project. Sincerely, IS-RFQ05/0 1 Statement of Qualification for Temecula Library Enterprise Architecture and Implementation Plan Guy Reams Senior Network Architect conduit (f- networks Conduit Networks Inc. 27247 Madison Ave. Suite 600 Temecula, CA 82580 www.conduitnetworks.com .June 2005 conduit (f- networks Contents Summary....................................................... 3 Company Profile _............................................ 3 Qualification Summary..................................... 4 Methodology.................................................. 7 Proposed Budget for Project Deliverables . . . . . . . .. 1 1 Proposed Timeline................................... _ . . . .. 1 2 Client References.......................................... 13 Appendix - Sample Documentation...... _ . . . . . . . . . . .. 1 4 2 conduit ~ networks Summary Conduit Networks Inc is a consulting firm. Our specialty is consulting. We have no significant interest in reselling hardware and software. Although we favor certain applications, we only do so because we have learned what works. When we are hired on a project our sole motivation is the success of our client. Repeat business and solid relationships is how our company succeeds. Systems analysis and design is a unique specialty. The skills required to deliver a successful project (on time and within budget) are diverse. Our employees and contractors are programmers, analysts, and network engineers. Conduit Networks relies on years of project management experience and a proven methodology. Conduit Networks Inc has a vested interest in helping the City deliver on a successful project for the new Library. Not only would a successful project like this help to solidify the reputation of our company, we would help build something very valuable to our community. Helping the City to deliver technology based learning systems to the community will be one additional step in the direction of helping the region attract more technology based businesses. In short, Conduit Networks Inc is a highly qualified local consulting firm with the energy and enthusiasm to assist the City in creating a showcase of library services for this community and the rest of the region. Company Profile Conduit Networks Inc has been established in the Temecula Valley as an incorporated entity since February, 2003. The core mission of Conduit Networks Inc has been to provide expert consulting services in various technology areas. Markets that Conduit Networks Inc has provided services for are in Government, Health Care, Education, and Major Retail Centers. 3 conduit @- networks Corporate Address 27247 Madison Ave. Suite 600 Temecula. CA 92590 MallinQ Address 39252 Winchester Rd. Suite 107-300 Murrieta, CA 92563 Contact Information Web Address: www.conduitnetworks.com Main Office: 951 .693.3000 Sales Office: 951 .296.0238 Fax: 951 .296.0239 Insurance CoveraQe: Conduit Networks Inc carries $1,000,000 general and professional liability, workers compensation, and automobile liability policies. Qualification Summary Systems Analvsis and DesiQn Team Guy Reams - Network Architect, Project Manager MA - CaJjfomia State University; PhD Candidate - Computer Information Systems . 10 Years of Network Integration, Training, and Systems Management experience . Project Management experience and systems analyst expertise, Instructor of CIS at MS.JC for 7 years . Competent and thorough understanding of information systems operation and network architectures 4 conduit (!- networks . Worked with MS.JC in developing plans for new facilities including College Library and Technology Center . MCSE. MCT Anthony Tooley - Software Architect 20 Years Experience in Software Management . Application design and development for government and education . Experience in system design methodologies for aerospace .John Wical - Software Integration and Planning MS Management of Information Systems, Claremont Graduate University . 1 2 years experience as Director of Administrative systems for Loma Linda University . Direct experience with integration of library systems with administrative systems for student and employee access . Expertise in 10 Card integration with administrative systems . Understanding of business processes and project management life cycles . Oracle DBA Charles Meyer - Application Design 10 Years Experience in Commercial Software Development . Expert in new and emerging software application environments . Development experience in educational applications . Software and database design expertise Glenn Stevenson - System Design MS - Azusa Pacific University; PhD Candidate - Compucer Science . Software design and management experience 5 conduit ~ networks . Competency in embedded systems, and various development environments . MCSD Dwight Duffie - Senior Analyst MS Management; of InfofYTlat;;on Systems, Claremont Graduat;e University . Expertise in communicating business needs and requirements to technical and nan-technical audiences . 10 Year experience in software development Collin Hollingsworth - Project Coordinator 15 Vears Experience in Project Management . Management expertise of large complicated projects . Expertise in managing people and resources William Bennett - Multimedia Specialist 25 Years Experience in Mu1eimedia. Audio. and Design Technologies . Multimedia design expertise . Experience with audia, videa, and data technologies cammon to library environments . MCSE, CIW Brad Nixon - Technical Documentation MA - National University; 5 Years Experience in Technical Writing . Experience developing technical manuals, curriculum, and documentation for large projects Kev Partnerships Adrylan Communications Inc Temecula. CA . Education and government software consultants 6 conduit @- networks Americomp Infosystems Murrieta, CA . Local reseller and HP vendor Anixter Irvine. CA . Communications product vendor Enterprise Electric Datacom Temecufa. CA . Electrical and data communications, and data center planning Falcon Knight Inc Menifee, CA . Server systems planning and contingency issues, UNIX consultants Mt. San Jacinto College Menifee, CA . Conduit Networks Inc always involves expert talent from the local college. We also like to create internship opportunities when appropriate! Methodology Top-Down TechnoloQV Model Conduit Networks Inc uses a top-down approach to analyzing proposed technologies for any new system. This viewpoint requires that analysts examine key organization level constraints and objectives while considering the information systems applications and data that are required. This relationship must be understood and documented PRIOR to considering networking and technology options. This will avoid problems in which users are dissatisfied with 7 conduit @- networks applications, and in fulfilling the requirements of technology managers. Proiect ManaQement Approach Projects are considered successful when an information system is acceptable to the end user, the system is delivered on time and within budget and when the project has had minimal impact on day to day operations. These factors are best achieved through appropriate project management. Conduit Networks Inc uses project management tools to scope, plan, and schedule and organize all important events in the systems analysis life cycle. The beginning stages of this project will begin with the creation of the project. This will be accomplished by: . Negotiating the scope of the project with key decision makers . Identifying tasks by hosting joint planning sessions . Determining milestones for the project . Calculating Task Durations and Dependencies . Assigning Resources Once a project plan has been created, a statement of work is produced and expectations set for requirements discovery documents. During the life cycle of the project updated GANTT charts will be produced to assist in monitoring the status of milestone completion. Requirements Discoverv Conduit Networks Inc recognizes that requirements discovery and a requirements definition report is the most critical step in systems analysis. Consequently, the majority of time allotted to the project will be spent during this phase of the project. This effort is designed to save the customer from getting unexpected results. and the project from scope creep. Several Fact-Finding Techniques will be employed to derive functional and non-functional requirements. As outlined in the RFQ, these will consist of interviews 8 conduit (i- networks with key personnel, LSSI employees, and county library administration. A highly successful technique is using well organized joint requirements planning sessions. Conduit Networks will organize, facilitate, and conduct several of these sessions in order to produce the most accurate discovery process possible. Other techniques that will be deployed are the analysis of system documentation, site visits, and observation of other working environments. Svstem Analvsis The systems analysis life cycle followed by Conduit Networks consists of the following phases: Scope Definition and Requirements Discovery This phase begins the process of defining the boundaries of the project and develops a working model for the remainder of the analysis cycle. Key to this process is negotiating tasks and communicating a plan to all key players in the process. Problem Analysis and Business Process Review Identifying potential problem areas or domains is critical to a successful project plan. This phase places this critical consideration early in the planning stages. A careful consideration of business processes and setting objective for improvements is important before the process of fact finding begins. Requirements Analysis This phase formalizes the fact finding portion of the project plan. The primary goal is to identify functional and nonfunctional requirements and potential constraints of the information systems in question. After this identification process, a prioritization effort is undertaken with key decision makers. Logical System Design This phase creates models and test cases for successful applications. Defining what the logical system will look like and how the requirements 9 conduit <i- networks of any new system will integrate with existing applications and procedures. Decision Ana/ysis The final phase of the process is to identify and analyze potential candidate solutions using a comparison matrix. Ultimately, this phase will produce the recommended solution. Feasibility Analvsis Once a recommended solution has been reached the solution must be analyzed for feasibility. The essential tests for feasibility are operational, technical, time, and expense. In Phase 2 of the proposed project, Conduit Networks Inc will provide this analysis as part of the defined fit-gap analysis. 10 conduit ~ networks Proposed Budget for Project Deliverables Systems Analysis Effort Methodologies Investment Project Management $3000 Requirements Discovery Process including all $12000 necessary interviews and artifact review Research and Analysis of Applications $BOOO Phase 1: Evaluation and Documentation Deliverables Investment Provide Current System Documentation (as $4000 specified in RFGJ Presentation of Current Application State $1200 Phase 2: Fit-Gap Analysis Deliverables Investment Provide Analysis of LSSI Applications / City $600 Architecture and Policies Provide Analysis of Operational Goals and $600 Technological Solutions High Level Check and Balance with key players $600 Provide Review of LSSI Supporting Systems $300 Provide Potential System Architectures $2400 Document Best Practices $300 Final Presentation $1200 Estimated Total" $34200.00 *Estimate only until project scope and requirements are finalized 11 . 0"'''' ... ..,--0....................0 U1U1U1.0"'0 .. ~....rJ......:.:. ... .... .. ...... ... .. 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Problem Domains 14 conduit @- networks Interview Guide Interviewee: Tim Thorson, Director of Information Systems Date: June 10th 2005 Time: 4:00pm Place: City Hall Subject: Information Systems Applications Time Question or Objective Interviewee Response Al.l.oeated 1 to 2 Introduction of Min. Objective 5 min. Question 1 What application would you identify as the being the most important in relation to 1S81 integration? 5 min. Question 2 What are the business functions targeted by this application? 5 min. Question 3 continued Process Diaqrams ~-~-~ '''~ <:s L-__ Raq.- ti,....y l.aIn ~ I. ~ Riverside County Library System Catalog I . ...."".'-...... <$J PrOOlSSloan T,an... ~ CounlyL.ir,,,,.,. "'" 15 conduit @- networks Candidate Systems Matrix Characteristic Candidate 1 Candidate 2 Candidate. . Security of mSD VPN solution provides Public web folder Facilities Maintained adequate security, security maintained however subject Co ., long as password internal security not vulnerabilities compromised Benefits Consistent and Simple to manage, reliable understandable by connectivity. Students, Accessible Perimeter will from Home defined Software Tools Requires Capable firewalls. Web browser ~d Information Systems Architecture Pmsentaton Logic LSSI Termirnll Application Pl'esentatlon User .-J .. Service Request Information Service Res~onse . R Application Logic Application Server equest to Create Record " "1 Catalog I Database Response lO Request \ 16 conduit @- networks Network Architecture ~......... CouI1\Y"" Liraf)" SyllUtrri." QllixlCA IIlO""PSE_~ . eoo_ """""= Existin. City H.II . . LAN Fiber Ring OtyHal: _2IlO3 0l0lltab&$85efV 1000M3PS FX-E1h8mtl 17 ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council James O'Grady, Assistant City Manager~ July 26, 2005 DATE: SUBJECT: Approve the Sponsorship Request For "The Temecula Rock'n Rod Run" Prepared by: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: 1) That the City Council approve "The Temecula Rock'n Rod Run" Sponsorship Agreement with P & R Foundation and authorize the Mayor to execute the Agreement. 2) That the City Council appropriate $11,475 from the unallocated reserves of the General Fund for sponsorship costs. DISCUSSION: On June 28, 2005, the City Council approved preliminary plans for P & R Foundation to produce The Temecula Rock'n Rod Run to be held in Old Town Temecula on March 11 & 12, 2006. The event will feature a Friday night cruise and infonmal car display, with the show and awards ceremony being held on Saturday, March 12th. The attendance for previous car show events held in Old Town Temecula have ranged between 40,000 - 45,000 people. The Temecula Rock'n Rod Run will showcase a cross section of approximately 650 classic cars, hot rods, and custom cars as well as vendors. The car show will feature an old time Rock-n-RolI theme, with one or more classic Rock and Roll bands, a car cruise, Show and Shine, and an awards ceremony. This will be an alcohol free event. Temecula car shows provide great exposure for Temecula both on a local and national level. This event increases tourism revenue for the City's restaurants, hotels, shopping centers and wineries. Furthermore, this.event will serve as a fund raiser with 25% of the net proceeds up to a maximum of $5,000 directed towards approved local non-profit(s), which would be approved by the City's Economic Development Subcommittee. Other local service groups such as the Boys and Girls Scouts of America, Boys and Girls Club, etc. will also be supported by seeking to include them in event activities. \\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc The Sponsorship Agreement provides funding for "The Temecula Rock'n Rod Run" for actual City support costs which are estimated to be approximately $31,000. In addition, the City will pay the Producer in advance for costs of up to $6,500 pertaining to live entertainment, $2,300 to cover costs of t-shirts, mugs, and mailing which were part of The Good Old Days Car Show pre-registration and up to $2,675 for jackets for the 2005 car show winners. Producer will provide receipts to the City for the entertainment and jackets. The Producer will be responsible for costs that exceed the City's contribution for the entertainment and jackets. The Producer will refund the City with any excess funds for the entertainment and jackets. Due to the fact that the car show promotes tourism in Temecula, the funding of City support services, entertainment, and promotional items would come from the General Fund's budget. There will be no commissions paid to any party for the City of Temecula's sponsorships. FISCAL IMPACT: The City support costs for The Temecula Rock'n Rod Run are included in the FY 2005-06 Operating Budget of the various support departments for the recommended sponsorship amounts. Additional funding of up to $11,475 would require an appropriation from the City's FY2005-06 Unreserved General Fund at the time that the sponsorship agreement is approved. ATTACHMENTS: Temecula Rock'n Rod Run Attachment A - Sponsorship Package Attachment B - City Support Services and Estimated Costs Attachment C - 2006 Budget and Event Overview Attachment 0 - Sponsorship Agreement/Model Conditions of Approval \\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc ATTACHMENT A Temecula Rock'n Rod Run Sponsorship Package City name or logo on all flyers (minimum 15,000) City name on posters City logo in all ads City name on event t-shirts Ten free event t-shirts Booth space to promote the City of Temecula \\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc ATTACHMENT B Temecula Rock'n Rod Run City Support Services and Estimated Costs Below are the estimated City generated services and their costs provided to P & R Foundation for "The Temecula Rock'n Rod Run." Staffing in various classifications is dependent upon event configuration and anticipated needs. Police Services Service costs: $15,000.00 Fire Services Service costs: $ 4,400.00 Public Works Service costs: $ 5,700.00 Community Services Service costs: $ 2,700.00 Code Enforcement: Service costs: $ 2.500.00 TOTAL ESTIMATED SERVICE COSTS: $30,300.00 \\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc ATTACHMENT C Temecula Rock'n Rod Run 2006 Budget and Event Overview \\San3\city manager\ Wolnickg\Agendarcports\Temecula Rock'n Rod Run '06.doc :F~Il FOV1U>A.TIOI (!J' THE I>IlIFTEIl8 ~A.Il ~LV:m 39252 Winchester Rd, #107.361 Murrieta, CA 92563 951.325-7100 Fax 951-346-3712 20th Annual Temecula Rock'n Rod Run March 10 & 11 2006 1. Again, we would like to thank the City of Temecula for the opportunity to submit a proposal for the 2006 Spring Rock'N Rod Run. We propose that this event would benefit the Temecula Police Cadets & one other non-profit organization TBD. We 'will use a similar format that we have used for the last five years in promoting the Fall Car Show. In addition, as always we will continue to refine it to be even more merchant and community friendly. a. We will keep the very successful Friday night cruise and a Saturday show & shine format. We have had great success with this format, and we believe we can place 650 vehicles; this includes the 300 vehicles that have pre registered. There will be no charge to the 300 Pre registered but we would ask the city to reimburse the $6.50 to cover the cost ofa free T-Shirt and Souvenir mug, estimate cost to the City $1800. b. Registration will be held at the Hampton Hotel on Thursday lOam to 6 pm, Friday 9am to 6:30 & Saturday morning until 9:00 am, at this time we will also give out Jacket Awards from the past February show unless Central Coast Productions takes care of this expense. Estimated cost to the city $2675.00 i. Friday Night March 10, 2006: We would like to have the streets blocked off from 1:00pm to 8:30pm, if we do entertainment we would like them blocked until II pm. The crowds that came down town to watch the cruising have always been tremendous, this along with the success of the merchants & vendors doing business on Front Street, will make this Friday night very successful for all! 11. Vendors Friday evening: will be allowed to set up starting at 1:00pm, allowing them the opportunity to join in the evening festivities, The Vendors they like this arraignment. We may also have name entertainment at a sight to be determination based on the weather and economics. iii. On Saturday March 11,2006: Streets blocked from 5:00 am to 4:30 pm. We wi1\ use all of Front Street, and the business parking lots on the facing Front Street, the Stampede parking lot, the 6th street parking lot, and any other space we deem necessary to accommodate the 300 pre-registered vehicles, we anticipate 650 plus vehicles for this event. A limited amount of space on side streets on the east side will remained open to Public !Merchant parking and up to 20 cars facing west on Main Street to the bridge. iv. On Saturday March 11: We plan to feature the Legends of Rock playing great hits of the Fifties & Sixties. The groups we are presently looking at are The Supremes, The 0' Jays, The Penguins, The Four Tops and More! (Subject to availability) v. Our Events are always alcohol free events. Vendors will be placed on the corners of each street same as in the fall. We feel this is Important for our event. We want to use the 6th street parking lot place the import cars along with some; vendors. (We expect to loose the Pool lot, Butterfield SQ & the 4th street lot for vendors in 2006) This will be a big economic loss to the event if we do not get the 6th street parking lot. vi. Event ends at 4:30pm on Saturday. vii. In the past three vears. The Press Enterprise has declined to participate in a advertising support. Weare in all major cruise magazines along with their web sights. This will reflected in the increased registered vehicles, and public viewing. We expect to have this media coverage continue. viii. We will work with all vendors who may have paid to get them space or the address of Central Coast Productions so they may put in reimbursement. · Overall event costs for event organizers; Drifters Car Club will be given $400.00 for the help in parking cars, judging and over all supervision of vendors. P&R Foundation will be reimbursed for there marketing & sales & business expenses we guarantee to give at least $5,000.00 or 25% of net which ever is lower to our listed charities. · The Drifters Car Club is California Non Profit organization # 2503460 as of April 15- 03 · P&R Foundation does have a 50l-3C number. · Key officers are Randy Haapala, Ray Waite, Ronda Henne & Pat Vesey · The Old Town Merchants seem to appreciate the fall event, I know we can get them to like the March event. They do not loose two full days with road closures. I know we will stage a great event benefiting the city, restaurants, Hotels & Merchants. · We will have a media day at some location within the city; we have not determined a place or date yet! CHANGE: The price to register a vehicle from last two years was $40.00 for pre-registered vehicles and move $60.00 day of event. We will charge $30.00 pre registration ($35 Late Registration) that includes aT-shirt & Souvenir Mug. AS HOST CITY, THE CITY OF TEMECULA WILL RECEIVE Name or logo on all flyers (min 15,000) Name on Posters Logo in all Ads' Name on T-Shirts Ten free Event T-Shirts Booth space to promote the city of Temecula First Year Cost to the City Award Jackets $2675 300 T-shirt & Mugs $1800 First year Entertainment $6500 Mailing to our Complete Data Base $500 Total Cost to City $11,475 P&R Foundation & the Drifters Car Club have produced very successful car events in Southern California. We expect everything to go smoothly, because of the support we get From the City ofTemecula Service Departments Temecula Rock'N Rod Run March 10 & 112006 Budaet Notes Revenue Car Reoistrations (600) 300/300 $ 9,000.00 Est. 300 Reoistered already ($9000) Sponsors $ 12,000.00 Vendors $ 10,000.00 Est. $2000 Citv Sponsorship $ 6,500.00 City Sponsorshio T-shirt Sales $ 1,600.00 City Relmbunsement T-Shirt 7 Mug to 300 Pre Registered Raffle $ 2,500.00 One Time Mailing to Data Base $ 500.00 City Reimbursement 2005 Award Jackets $ 2,675.00 Cilv Reimbunsement Trophy Sponsors $ 3,500.00 Total $ 48,275.00 Expenses 2005 Award Jackets (Central Coast) $ 2,675.00 Flyers $ 700.00 Final Dinner $ 210.00 Car mileage & Show Fees $ 1,500.00 Awards $ 3,500.00 Posta~e $ 1,000.00 Rentals $ 1,200.00 Phone $ 210.00 Music/Entertainment $ 6,500.00 Clean UD $ 1,500.00 Insurance $ 1,342.00 Communications Eauipment $ 150.00 T-shirts / hats $ 8,500.00 Souvenir Muas $ 625.00 Porta Potties $ 1,400.00 Drifters Car Club Parkina etc. $ 400.00 SUDPlies $ 580.00 Miscellanies costs $ 1,000.00 Refreshments Meetings $ 250.00 Advertisina $ 1,000.00 1)10x10 Tents $ 387.00 SDonsor Plaaues $ 250.00 Reaistration Help $ 400.00 Gift $ 250.00 Permits counlv $ 284.00 Volunteer Awards $ 360.00 Posters $ 1,200.00 Web maintenance $ 219.00 Stan Mavo DJ $ 250.00 Revs EXDenses $ 250.00 Permits Fee's City $ 494.00 Total Expenses $ 38,586.00 Revenue $ 48,275.00 Net Revenue $ 9,689.00 To Non Profit $ 2,422.00 Award Jackets J, $ 2,675.00 City will pay costs Shirt & Mug to 300 pre Registered $ 9,000.00 P&R will forgo the costs T-Shirt & Mug to each Pre Registere $ 1,800.00 P&R Would Like to be Reimbursed Vendors We will work with them to recover their costs. No cost to the cityl One time Sponsorship to cover cost ofl $ 6,500.00 ATTACHMENT D Temecula Rock'n Rod Run Model Conditions of Approval ,2005 Subject: Planning Application No. PA_-_ (Temporary Use Permit) for The Temecula Rock'n Rod Run to be held in Old Town Temecula on March 10,2006,1:00 PM to 11:00 PM and March 11,2006,2006,5:00 AM - 4:30 PM. Dear Mr. Waite: Planning Application No. conditions of approval: PA - IS hereby approved subject to the following City of Temecula Planning Department I. The permittee/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application PA_-_ which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency of instrumentality thereof, or any of its officers, employees, or agents. Should the Applicant fail to timely post the required deposit, the Director may terminate this Temporary Use Permit without further notice to the Applicant. \\San3\city manager\ Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc 2. The applicant as the main sponsor of the Temecula Rock'n Rod Run shall obtain insurance in the amounts set forth in the July 26, 2005 Agreement. The applicant shall also require that all participating food and non-food vendors identified on Exhibit C and the private security company used for this event provide evidence of general liability insurance in the amount of $1,000,000. The certificates must show the City of Temecula, City of Temecula Redevelopment Agency and the applicant as additional insured. 3. All insurance certificates shall be submitted to and approved by the City of Temecula Finance Department no later than January 10, 2006. 4. All food and non-food vendors who are approved to be located in the road right- of-way areas of the site plan for this event shall not set up prior to 5:00 AM on March 11, 2006. 5. All food and non-food vendors shall display a laminated authorization card provided by he applicant indicating the name of the vendor and space number. 6. This event is approved for March 10, 2006, from I :00 PM - II :00 PM and March II, 2006, 5:00 AM - 4:30 PM per the approved business plan, Exhibit B. The Conditions of Approval shall supersede the approved Business Plan where there is a conflict between the two documents. 7. All on-street car display parking within the event area shall be parallel in order to maintain required emergency access. 8. The event shall be developed per the approved site plan, Exhibit A. 9. Code Enforcement Officers shall be assigned to the event on March 10,2006 and March 11,2006. City of Temecula Building and Safety Department 10. Applicant shall obtain temporary electrical permits for any electrical provided for this event. Inspections of proper grounding of power generators and power cable installations are required and shall be scheduled 24 hours in advance. II. An adequate amount of handicapped parking spaces shall be provided as indicated on the approved site plan, Exhibit A. Parking lots and spaces shall be clearly marked for handicapped use. 12. Off-site signs are not allowed in the City of Temecula without authorization from all property owners and the Community Development DirectorlDeputy City Manager. Applicants shall obtain permits from the City of Temecula Planning \\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc Department for all approved sign locations. City of Temecula Public Works Department 13. The applicant shall submit a completed Special Event Package Application to the City of Temecula Public Works Department no later than December 2005 (90 days prior to the event) with the $100 application fee. 14. All off-street parking shall be accessed through existing curb cut driveway approaches only. No entry shall be permitted over standard curbs. IS. All No Parking restrictions throughout the event must be adhered to. 16. No participant shall use, sell or distribute any self-adhesive stickers during this event. City of Temecula Fire Protection Bureau 17. Applicant shall comply with all comments and conditions outlined in the attached letter from the City of Temecula Fire Prevention Bureau dated _, Riverside County Health Department 18. Applicant shall comply with all comments and conditions outlined in the attached letter from the Riverside County Health Department dated Temecula Police Department 19. Applicant shall comply with all comments and conditions outlined in the attached letter from the Temecula Police Department dated -----> _' Temecula Community Services Department 20. Applicant shall comply with all comments and conditions outlined in the attached letter from the Temecula Community Services Department dated _, \\San3\city manager\Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc Should you have any further questions regarding these conditions, please do not hesitate to contact me at (951) 694-6400. Sincerely, Knute Noland Development Processing Coordinator By placing my signature below, I confirm that I have read, understand and accept aU the above-mentioned Conditions of Approval. I further understand that any changes I may wish to make to the event shall be subject to Planning Department approval. Applicant cc: Lynn Fanene - City of Temecula Police Department Kevin Harrington - City of Temecula Community Services Department Brad Buron - City ofTemecula Public Works Department Mike Horton - City of Temecula Fire Protection Bureau John Meyer - City of Temecula Redevelopment Department Marianne Parker - City of Temecula Planning Department (Code Enforcement) California Highway Patrol- Temecula Office \\San3\city manager\ Wolnickg\Agendareports\Temecula Rock'n Rod Run '06.doc SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND P & R FOUNDATION This Agreement, is made and effective this 26th day of Julv. 2005, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and P & R Foundation, a California non-profit corporation (hereafter referred to as "Producer"). In consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: A. Producer shall operate "The Temecula Rock'n Rod Run" on March 10 & 11, 2006. "The Temecula Rock'n Rod Run" will be a special event located in Old Town Temecula involving the display of approximately 650 hot rods and classic cars along with related concessions and vendors ("Car Show"). No alcohol will be served. The event is expected to draw between 40,000 - 45,000 people for the event B. The City of Temecula desires to be a "Premier Sponsor" of the 2006 Temecula Rock'n Rod Run. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. City shall provide the necessary City Public Works, Community Services, Code Enforcement, Fire and Police support services for the Car Show. The estimated City support costs are not to exceed $31,000. In the event that City support services exceeds $31,000, the sponsor may seek City authorization for payment above that amount. In addition, the City will pay the Producer in advance for costs of up to $6,500 pertaining to live entertainment, $2,300 to cover cost of t-shirts, mugs, and mailing which were part of The Good Old Days Car Show pre-registration and up to $2,675 for jackets for the 2005 car show winners. Producer will provide receipts to the City for the entertainment and jackets. The Producer will be responsible for costs that exceed the City's contribution. The Producer will refund the City with any excess funds for the entertainment and the jackets. In exchange for the City of Temecula providing such support, the City shall be designated as "Premier Sponsor" of "The Temecula Rock'n Rod Run." As a "Premier Sponsor," the City of Temecula shall receive the benefits as listed in Attachment B. B. Producer agrees to provide 25% of the net proceeds of the Car Show up to a maximum of $5,000 to approved local non-profit organization(s) designated by the Producers with the approval of the City's Economic Development Subcommittee. Producers shall also support other local service groups by seeking to include them in event activities to the extent reasonably practicable. Within 30 days following the Car Show, Producer shall pay these funds. C. Within 60 days following the Car Show, Producer shall prepare and submit to the Assistant City Manager a written report evaluating the Car Show, its attendance, and describing the materials in which the City was listed as a "Premier Sponsor." The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement to include a balance sheet and income statement of The Temecula Rock'n Rod Run must be provided along with a separate statement indicating the distribution of the funds. D. Producer shall file applications for Temporary Use Permit and Special Event Permit with the City of Temecula no later than ninety (90) days proceeding the first day of the Car Show. City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of conditions of approval. Producers shall comply with all conditions of approval of the permits. E. Once the Temporary Use Permit and Special Event Permit applications have been submitted, the permits approved, the permit conditions agreed to in writing, and the event agreement has been executed in final form, Producer will receive City Support Services for the Car Show, as outlined in the agreement. F. Producer shall defend, indemnify and hold the City, the Redevelopment Agency of the City of Temecula and their elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or by reason of Producers acts or omissions or those of Producer's employees, officers, agents, or invitees in connection with Car Show to the maximum extent allowed by law. G. Producer shall secure from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City of Temecula and the Temecula Redevelopment Agency is named insured or is named as an additional insured with the Producer and shall furnish a Certificate of Liability by the City. The applicable evidence of insurance shall be submitted to the City not less than thirty (30) days prior to the Car Show. Producer acknowledges and agrees that City may terminate this Agreement and revoke the Temporary Use Permit and Special Event Permit in the event that evidence of insurance complying with the requirements of this Section is not received on or before thirty (30) days prior to the Car Show. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall include; 1. Include the City and the Temecula Redevelopment Agency as the insured or named as an additional insured covering all claims arising out of, or in connection with, The Temecula Rock'n Rod Run. 2. Include the City and the Temecula Redevelopment Agency, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with The Temecula Rock'n Rod Run. 3. Provide the following minimum limits of insurance: (A) General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage with a $2,000,000 aggregate. 4. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from Car Show. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of any modification, expiration, or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. 6. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the City, its officers, officials and employees or Producer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. I. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Agency: CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 Attention: Assistant City Manager Producer: P & R Foundation 39252 Winchester Rd., Suite 107-361 Murrieta, CA 92563-3610 J. Producer shall adhere to the Model Conditions of Approval, which are attached hereto as Attachment A, which incorporated herein, and as may be modified in the conditions of approval of the Temporary Use/Special Event Permit. Any violation of this document is subject to termination of this Sponsorship Agreement. ,. . ' " IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: P & R Foundation CITY OF TEMECULA Ray Waite 39252 Winchester Rd., Suite 107-361 Murrieta, CA 92563-3610 Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney ATTACHMENT A Temecula Rock'n Rod Run Model Conditions of Approval ,2005 Subject: Planning Application No. PA_-_ (Temporary Use Permit) for The Temecula Rock'n Rod Run to be held in Old Town Temecula on March 10,2006,1:00 PM to 11:00 PM and March 11,2006,2006,5:00 AM - 4:30 PM. Dear Mr. Waite: Planning Application No. PA_-_ IS hereby approved subject to the following conditions of approval: City of Temecula Planning Department I. The permittee/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application PA_-_ which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicanl of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency of instrumentality thereof, or any of its officers, employees, or agents. Should the Applicant fail to timely post the required deposit, the Director may terminate this Temporary Use Permit without further notice to the Applicant. 2. The applicant as the main sponsor of the Temecula Rock'n Rod Run shall obtain insurance in the amounts set forth in the July 26, 2005 Agreement. The applicant shall also require that all participating food and non-food vendors identified on Exhibit C and the private security company used for this event provide evidence of general liability insurance in the amount of $1,000,000. The certificates must show the City of Temecula, City of Temecula Redevelopment Agency and the applicant as additional insured. 3. All insurance certificates shall be submitted to and approved by the City of Temecula Finance Department no later than January 10,2006. 4. All food and non-food vendors who are approved to be located in the road right- of-way areas of the site plan for this event shall not set up prior to 5:00 AM on March 11,2006. 5. All food and non-food vendors shall display a laminated authorization card provided by he applicant indicating the name of the vendor and space number. 6. This event is approved for March 10, 2006, from 1 :00 PM - 11 :00 PM and March 11,2006,5:00 AM - 4:30 PM per the approved business plan, Exhibit B. The Conditions of Approval shall supersede the approved Business Plan where there is a conflict between the two documents. 7. All on-street car display parking within the event area shall be parallel in order to maintain required emergency access. 8. The event shall be developed per the approved site plan, Exhibit A. 9. Code Enforcement Officers shall be assigned to the event on March 10,2006 and March 11,2006. City of Temecula Building and Safety Department 10. Applicant shall obtain temporary electrical permits for any electrical provided for this event. Inspections of proper grounding of power generators and power cable installations are required and shall be scheduled 24 hours in advance. 11. An adequate amount of handicapped parking spaces shall be provided as indicated on the approved site plan, Exhibit A. Parking lots and spaces shall be clearly marked for handicapped use. 12. Off-site signs are not allowed in the City of Temecula without authorization from all property owners and the Community Development DirectorlDeputy City Manager. Applicants shall obtain permits from the City of Temecula Planning Department for all approved sign locations. City of Temecula Public Works Department 13. The applicant shall submit a completed Special Event Package Application to the City of Temecula Public Works Department no later than December 2005 (90 days prior to the event) with the $100 application fee. 14. All off-street parking shall be accessed through existing curb cut driveway approaches only. No entry shall be permitted over standard curbs. 15. All No Parking restrictions throughout the event must be adhered to. 16. No participant shall use, sell or distribute any self-adhesive stickers during this event. City of Temecula Fire Protection Bureau 17. Applicant shall comply with all comments and conditions outlined in the attached letter from the City of Temecula Fire Prevention Bureau dated _, Riverside County Health Department 18. Applicant shall comply with all comments and conditions outlined in the attached letter from the Riverside County Health Department dated Temecula Police Department 19. Applicant shall comply with all comments and conditions outlined in the attached letter from the Temecula Police Department dated _, _ Temecula Community Services Department 20. Applicant shall comply with all comments and conditions outlined in the attached letter from the Temecula Community Services Department dated Should you have any further questions regarding these conditions, please do not hesitate to contact me at (951) 694-6400. Sincerely, Knute Noland Development Processing Coordinator By placing my signature below, I confirm that I have read, understand and accept all the above-mentioned Conditions of Approval. I further understand that any changes I may wish to make to the event shall be subject to Planning Department approval. Applicant cc: Lynn Fanene - City of Temecula Police Department Kevin Harrington - City of Temecula Community Services Department Brad Buron - City of Temecula Public Works Department Mike Horton - City of T emecula Fire Protection Bureau John Meyer - City of Temecula Redevelopment Department Marianne Parker - City of Temecula Planning Department (Code Enforcement) California Highway Patrol- Temecula Office ATTACHMENT B Temecula Rock'n Rod Run Sponsorship Package City name or logo on all flyers (minimum 15,000) City name on posters City logo in all ads City name on event t-shirts Ten free event t-shirts Booth space to promote the City of Temecula ITEM 14 CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Assistant to City Manager DATE: July 26, 2005 SUBJECT: 2-Year Agreement with Animal Friends of the Valleys for Animal Control Services PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: 1. APPROVE a two-year contract for Animal Control Services with Animal Friends of the Valleys not to exceed $150,000 per year. 2. AUTHORIZE the City Manager to approve additional service not to exceed $10,000 in contingency. BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys, (formerly L.EAF.), since 1995 for animal control services. Animal Friends of the Valleys has performed very well during this period, and City staff, including the Police Department, has been very satisfied with the services they provide. This Agreement is for a period of two years. The current contract expired on June 30, 2005. It is staff's intent, in extending this contract for two years, to work with Animal Friends of the Valleys as they continue to explore the concept of building a regional shelter. The Cities and County have successfully formed a joint-powers authority (JPA) which will greatly assist in the effort to construct and operate a new animal shelter in SW Riverside County. The flat fee for animal control services for 2005-07 will be set at $12,500 per month. This flat rate is a result of the estimated animal control service hours and mileage for service during the upcoming year. It also reflects the addition of a half-time officer that was hired to assist with the additional animals that will result from the annexation of Redhawk. Animal Friends of the Valleys will provide 1 Y:z full time Animal Control Officers, a fully equipped vehicle, and shelter for City of Temecula's animals. The Animal Control Officer will be serving the City of Temecula 12 hours, 5 days a week as after hour, weekends and emergency calls. The administrative staff will also conduct hearings for animal control problems. The above mentioned rate will cover 260 Animal Control Officer hours, as well as 4,000 miles and house on average 86 animals per month. This contract amendment also requires Animal Friends of the Valleys to manage the administrative citation function relative to animal control services. This amendment also recognizes that the animal shelter JPA is formed and Animal Friends of the Valleys will return, R:\PAPAGG\AGENDAS\lEAF Agreement 2005.doc upon receipt by the City, the approximate $40,102 that Animal Friends had accumulated from the 2000 licensing/marketing program that was created with the 2nd contract amendment. This program was an early attempt tor aise money f or the shelter and this program is no longer needed due to the formation of the JPA. FISCAL IMPACT: All costs associated with this contract have been included in the fiscal year 2005-06 Operating Budget. ATTACHMENT: Agreement R:\PAPAGG\AGENDAS\LEAF Agreement 2005.doc Animal Friends of the Valleys City of Temecula Estimated 2005-2006 Service Contract SERVICES PROVIDED: NUMBER: RATES: TOTAL: Animal Control Service Hours 3,120 $ 58.50 $ 182,520.00 Number of Stray Animals 1,032 $ 35.00 $ 36,120.00 Mileage 48,000 $ 0.96 $ 46,080.00 Total Service Provided $ 264,720.00 Additional part-time animal control officer plus vehicle has been added to cover service area of Temecula. REVENUE SOURCES: NUMBER: RATES: TOTAL: Dog Licenses Sold 4,000 $ 24.93 $ 99,720.00 Monthly Contract 12 $ 12,500.00 $ 150,000.00 Citation Revenue $ 15,000.00 Total Revenue Sources $ 264,720.00 Additional licenses are added to cover the Redhawk area and the increase in unaltered licenses. AFV retains $6.00 per license for processing. $24.93 is net of processing charge. AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF TEMECULA AND ANIMAL FRIENDS OF THE VALLEYS (aka L.EAF.) THIS AGREEMENT is made and effective as of July 1, 2005 between the City of Temecula, a municipal corporation ("City") and Animal Friends of the Valleys ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office ofT emecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub-contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twelve Thousand Five Hundred Dollars and No Cents ($12,500.00) per month and in no event this amount shall not exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) annually for a total contract amount of Three Hundred Thousand Dollars and No Cents ($300,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to Ten Thousand Dollars and No Cents (10,000.00) annually. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines thatthe Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and R:\Finance\Purchasing\AgreeementsA-L.OS.06.Animal Friends.Contract.2005 Updated 712005 audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated forthe work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage fonm CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this R:\Finance\Purchasing\AgreeementsA~L.05.06.Animal Friends.Contract.2005 Updated 7/2005 project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1 ,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a R:\Finance\Purchasing\AgreeementsA-L.OS-06.Animal Friends.Contract.2005 Updated 7/2005 person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) R:\Finance\Purchasing\AgreeementsA-L.05-06.Animal Friends.Contract.200S Undated 7/2005 delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Maiiing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, Ca 92330 (951) 674-0618 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree thatthe laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee ofthe City ofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. R:\Finance\Purchasing\AgreeementsA-L.05-06.Animal Friends.Contract.2005 Updated 7/2005 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, Ca 92330 (951) 674-0618 By: Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) R:\Finance\Purchasing\AgreeementsA-L.OS.06.Animal FriendS.Contract.2005 Updated 7/2005 EXHIBIT A TASKS TO BE PERFORMED Animal Friends of the Valleys (AKA: LEA.F.) shall operate a complete animal control program for the City consisting of, but not limited to, field services, shelter operation, and licensing. Animal Friends of the Valleys will provide 1 Y2 full time Animal Control Officers, a fully equipped vehicle, and shelter for the City of Temecula's animals. The Animal Control Officers will be serving the City of Temecula 12 hours per day, 5 days per week, as well as, after hours, week- ends and emergency calls. EXHIBIT B PAYMENT SCHEDULE The City shall pay a monthly flat rate for animal control services in the amount of $12,500.00 per month for animal control services. In no event this amount shall not exceed $150,000.00 annually for a total contract amount of $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. In amendment number two (2) dated June 27, 200 of the prior Agreement between the City and Animal Friends of Valley a provision was made in Section 4 paragraph H that allowed Animal Friends of the Valleys to retain new license revenue obtained from a licensing/marketing program. The intent of the provision was to allow Animal Friends of the Valleys to begin funding a new shelter. Now that the JPA is formed to fund the shelter, Animal Friends of the Valleys needs to refund the money to the City that the license/marketing program created. The amount of money returned by Animal Friends of the Valleys relating to this project is $40,102.00. Under the term of this new Agreement, the City would like to draw down on that $40,102.00 by paying off a total of $8,964.36 owed to Animal Friends of the Valleys for administrative citations that were collected in fiscal year 2004/2005. This is money the City owed Animal Friends of the Valleys based on Amendment #2 of the prior Agreement that allows Animal Friends of the Valleys to retain this revenue. This money will be used to offset the service costs to the City of Temecula and the City can choose, at the City's discretion, to draw down this money to offset the costs of this program. License Fees for Doas Shall Be As Follows: a. Altered dogs $15.00 for 1 year b. Altered dogs $20.00 for 2 years c. Altered dogs $25.00 for 3 years d. Unaltered dogs $35.00 for 1 year e. Unaltered dogs $70.00 for 2 years f. Unaltered dogs $105.00 for 3 years g. Senior Citizen's dogs $8.00 for 1 year h. Senior Citizen's dogs $10.00 for 2 years i. Senior Citizen's dogs $12.00 for 3 years j. Late penalty of $20.00 per license Animal Friends of the Valleys City of Temecula Estimated 2005-2006 Service Contract SERVICES PROVIDED: NUMBER: RATES: TOTAL: Animal Control Service Hours 3,120 $ 58.50 $ 182,520.00 Number of Stray Animals 1,032 $ 35.00 $ 36.120.00 Mileage 48,000 $ 0.96 $ 46,080.00 Total Service Provided $ 264,720.00 Additional part-time animal control officer plus vehicle has been added to cover service area of Temecula. REVENUE SOURCES: NUMBER: RATES: TOTAL: Dog Licenses Sold 4,000 $ 24.93 $ 99,720.00 Monthly Contract 12 $ 12,500.00 $ 150,000.00 Citation Revenue $ 15,000.00 Total Revenue Sources $ 264,720.00 Additional licenses are added to cover the Redhawk area and the increase in unaltered licenses. AFV retains $6.00 per license for processing. $24.93 is net of processing charge. ./-. --- CITY OF TEMECULA MEMORANDUM TO: Mayor and Members of the City Council FROM: Grant Yates, Assistant to City Manager DATE: July 26, 2005 SUBJECT: Animal Friends Contract - Correction Please find the attached correction to item number 14, Animal Friends Contract. This change is recommended by the City Attorney as the previous contract included a requirement for prevailing wage, which does not apply in this case. Also, the attachment includes a more detailed scope of work. This scope of work is more detailed and includes tasks that Animal Friends will complete under the terms of their contract. Q:\ADAMSA\Memos\RTA - Harveslion Shuule Route Draft.doc J... - ~ AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN THE CITY OF TEMECULA AND ANIMAL FRIENDS OF THE VALLEYS (aka L.EAF.) THIS AGREEMENT is made and effective as of July 1. 2005 between the City of Temecula, a municipal corporation ("City") and Animal Friends of the Valleys ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2005, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 3D, 2007, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as a re required of Contractor hereunder i n meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of pclyment are null and void. This amount shall not exceed Twelve Thousand Five Hundred Dollars and No Cents ($12,500.00) per month and in no event this amount shall not exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00) annually for a total contract amount of Three Hundred Thousand Dollars and No Cents ($300,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager a nd Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work up to Ten Thousand Dollars and No Cents (10,000.00) annually. Any additional work in excess of this amount shall be approved by the City Council. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. J... 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. DEFAULT OF CITY. If the Contractor determines that the City is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the City with written notice of the default. The City shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the City fails to cure its default within such period of time, the Contractor shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of a II work, data, documents, proceedings and activities related to this L Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used. reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contractor. 9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attomey fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scooe of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projecVlocation or the general aggregate limit shall be twice the required occurrence limit. 1- > (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; orthe Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraae. Contractor shall fumish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before I t. .' work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters 0 f support, testimony at depositions, response to interrogatories 0 r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party rnay desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, I. certified mail, postage prepaid, retum receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of T emecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To Contractor: 43200 Business Park Drive Temecula, California 92590 Attention: City Manager Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, Ca 92330 (951) 674-0618 15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Contractor understand and agree thatthe laws of the State of California shall govem the rights, obligations, duties and liabilities ofthe parties to this Agreement and also govem the interpretation of this Agreement. Any litigation conceming this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attomey fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City ofTemecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. I I. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he orshe has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Animal Friends of the Valley 29001 Bastron Avenue Lake Elsinore, Ca 92330 (951) 674-0618 By: Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A Scope of Services 1. Services To Be Provided. Contractor shall operate a complete animal control program for the City consisting of, but not limited to, field services, shelter operation and licensing. In the conduct ofthis program, CONTRACTOR shall perform the following specific functions: (a) Enforcement. Enforce all applicable provisions of the Temecula Municipal Code (Animal Control) as it exists on the date of this Agreement pertaining to animals, including the issuing ofwaming notices or citations as necessary for violations of such Ordinances. In the event the Municipal Code is amended and the amendments would substantially alter the duties and responsibilities of CONTRACTOR under this Agreement, the parties hereto agree to meet and in good faith renegotiate those terms and conditions of this Agreement affected by such amendments. (b) Impound. Impound all animals caught at large and collect all impound fees assessed on behalf of the City; accept stray animals brought in by private citizens; provided, however that identified, vaccinated, spayed or neutered cats shall be released as required by the Temecula Municipal Code. (c) Ouarantine. Quarantine as prescribed by law all animals suspected to be rabid. (d) Complaint Investigation & Resolution. Investigate and pursue action on complaints and/or reports of potential violations of Municipal Code relating to animals, including unnecessary noise, in accordance with such procedures adopted by the City; respond to requests from the County Fire Department and contract law enforcement provider for assistance with animal related situations. (e) Dead Animals. Remove dead animals from the public right-of-way within City limits and from other areas upon request. (f) Potentially DangerousNicious Animals. In accordance with the Temecula Municipal Code, identify potentially dangerous and/or vicious animals and initiate the administrative or legal process for their control. (g) Trap.ping & Removal. As limited by subsection (b) above, respond to requests for assistance in the trapping and removal of domestic or wild animals, including coyotes and skunks, from public or private property. CONTRACTOR will offer advice in setting a trap in any enclosed space and will remove belongings, and in emergency situations may be required to climb trees, crawl under houses, or so forth, or to maintain on-premises surveillance unless in the Officer's or his or her suPefVi.sor's opinion there is a direct, clear and present danger to human life or injury. Identified cats will be released as required by Temecula Municipal Code. CONTRACTOR will provide traps but will not be required to provide vector control. CONTRACTOR shall charge a fee for traps as set out in the City's Animal Control Fee Schedule as approved by Council action. (h) Dog Licensing. (i) On or before January 31, 2006 CONTRACTOR shall develop and implement a comprehensive licensing program including conducting dog license inspections subject to approval of the City Manager. Area-wide canvassing will be conducted as part of the field service activity. Prior to the implementation ofthe comprehensive licensing program, CONTRACTOR shall administer the current licensing provision of the Temecula Municipal Code. (ii) Dog licenses shall be issued by mail, at the Animal Shelter, at vaccination clinics and by Animal Control Officers in the field. CONTRACTOR shall send renewal notices by mail to owners of currently licensed dogs, and shall send an application for licensing when requested by owners. (iii) CONTRACTOR shall, at CONTRACTOR's expense, provide the forms and tags for such licenses, and shall affix a professionally prepared sign at the Animal Shelter, stating applicable fees for licensing for the City. (iv) CONTRACTOR shall collect all license fees and penalties on behalf of the City, issue receipts for all such fees collected and keep copies thereof. CONTRACTOR shall retain $5.00 for each dog license sold. (v) CONTRACTOR shall pursue collection and/or prosecution, if appropriate, to recover any fraudulent, delinquent or worthless payment received as payment for dog licenses issued, including penalties. (vi) CONTRACTOR shall cancel any dog license issued for which invalid payment was received, and give notice of such cancellation to the licensee. (vii) CONTRACTOR shall maintain such records in such form as required by the City's Director of Finance so as to provide for proper cash management and for review and audit of the monies collected. CONTRACTOR shall furnish the City a monthly report detailing the licensing activities. (viii) CONTRACTOR shall bill the City for the balance owing for Animal Control Services after crediting the amounts collected for license and penalty fees. (i) Animal Bites. Investigate reported animal bites. CONTRACTOR may initially receive animal bite reports by telephone, but also shall respond in person to all reported bites by dogs or other suspected rabid or wild animals. CONTRACTOR shall take appropriate steps consistent with the circumstances of each separate incident to locate and quarantine the suspected animal(s) and/or assist the complained and/or injured party or parties to trap the suspected animal(s). (j) Db.position of Unclaimed Animals. After notice and hearing as required, provide euthanasia service in a humane manner in accordance with procedures approved by the City Manager for unlicensed animals held for five (5) days and licensed animals held ten (10) days or more, if these animals are not reclaimed by their owner and are deemed unsuitable by the Officer for adoption. (k) Clinics. Make all necessary arrangements and conduct at least two (2) one-day clinics for rabies vaccination and licensing of dogs each year which are open to City residents and which may be located in the City, or maybe held in conjunction with the City of Lake Elsinore. (1) Field Services. Assign one field service officer appointed as Animal Control Officer. Routine field services will be provided as necessary within the hours limitation ofthis Agreement. The number of hours per week include, but are not necessarily limited to routine mobile patrols, investigative and rescue time, court appearances and impoundment of dangerous, wild, injured or loose animals. CONTRACTOR shall assign a sufficient number of field service employees to duty at all times to meet the needs ofthis Agreement. CONTRACTOR shall provide service of six (6) hours per day during such hours as approved by the City Manager. Telephone service for members of the public shall be not less than eight (8) hours per day on a schedule approved by the City Manager. The Shelter shall be open from 10:00 a.m. to 4:00 p.m. Monday through Saturday. Emergency response shall be available 24 hours per day, seven days per week as described in subparagraph (m). CONTRACTOR shall advise fire and law enforcement authorities serving the City of Temecula ofthe telephone numbers to access its services and shall cooperate with such authorities in developing the procedures necessary to provide after hours services. (m) After-Hours. Provide a field service person either on duty or on call after regular hours as necessary to respond to emergency calls. The City and CONTRACTOR agree that any incident reported to CONTRACTOR or City staff, through the fire or law enforcement provider involving a dangerous, wild or stray injured animal, constitutes an emergency and requires immediate action by CONTRACTOR. When the City Manager or his or her designee has reason to believe that an animal control emergency exists, the Manager or his or her designee shall notify CONTRACTOR and request a prompt response. If CONTRACTOR fails to respond to such request within a reasonable time or fails to respond at all, the City shall request in writing that CONTRACTOR send to the City a written explanation giving the reason(s) for the delay in responding or the failure to respond. CONTRACTOR's written explanation shall be submitted to the City Manager within two (2) working days from the date of the request for emergency service. This Agreement and the provisions herein shall not be construed to limit I. the interpretation of what constitutes an emergency and/or the need for a priority response. The following examples are illustrative of the need for an immediate response from CONTRACTOR. (I) Requests to remove a wild, dangerous or injured animal or animals from an inhabited place or vehicle; (2) Reported animal bites involving loose animals; and, (3) Livestock, fowl or game birds being attacked or killed by dogs or other animals. (n) Public Relations. Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, CONTRACTOR in processing any type of complaint or request for service will indicate to the caller when a response can be expected from CONTRACTOR and how CONTRACTOR will respond. In the event an inperson response is appropriate to the specific situation, CONTRACTOR shall make such response by the end ofthe following business day. This provision shall be subordinate to shorter time limits specified elsewhere in this Agreement. (0) Complaints Regarding Service. Cooperate with the City to resolve any and all complaints filed with CONTRACTOR and/or the City pertaining to services provided under this Agreement. The City shall submit to CONTRACTOR in writing all complaints fIled with the City concerning services provided by CONTRACTOR under this Agreement. CONTRACTOR shall report monthly in writing to the City the number of complaints received by CONTRACTOR directly or indirectly through the City pertaining to quality of service(s) provided under this Agreement. (P) LegaL Coordinate with City and City Attorney any inspection warrants impounds or potential dangerous/vicious animal hearings or court actions. (q) Records. Maintain and keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody. CONTRACTOR will file a report with the law enforcement provider within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen. CONTRACTOR shall indicate on the police report the circumstances of the animal's disappearance and make available to the City Manager the designated report or file number. (r) Communications Eauipment. CONTRACTOR agrees to provide radio equipment and frequency as necessary for effective performance of its obligations hereunder and in order to provide law enforcement backup for its field personnel. (s) Other Eauipment. CONTRACTOR shall provide all vehicles and equipment necessary for the performance of this Agreement and shall be responsible for J I I i . I , I , i i i ! maintenance of such vehicles and equipment, including the installation and removal of the paging or radio equipment described in Paragraph (q) of this Section. CONTRACTOR shall be responsible for all costs relating to theft, vandalism, or destruction of said equipment by fire, accident or intentional acts. (t) Personnel & Su-plies. CONTRACTOR shall provide all personnel, supplies, and equipment necessary for the efficient and effective operation of the Animal Shelter and animal control services and programs provided for herein, including, but not limited to Animal Control Officers, clerical staff, license tags and forms, citation forms, notices and all necessary envelopes and postage. Animal Control Officers will complete the County animal control training program, or its equivalent, and such other training as may be required by law, before being issued a badge and given the authority to perform Animal Control duties. City shall provide citations and door tags. (u) Use of Animal Shelter. CONTRACTOR shall provide access to and use of the Animal Shelter which it leases pursuant to its animal control services agreement with the City of Lake Elsinore. (v) Attendance at Meetings. Provide input and coordination on amendment of City animal control fees and ordinances and shall attend City Council and other City meetings as required or requested to do so. 2. Coordination. CONTRACTOR's Executive Director and the City Manager shall meet not less than quarterly to discuss Agreement performance. 3. Reporting. . (a) CONTRACTOR shall furnish the City monthly reports detailing shelter, field, licensing and identification activities, including a summary of the utilization offield service employees' hours required in Section I above and the records required by Section 1(P). (b) CONTRACTOR shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles. Such records shall be maintained by CONTRACTOR for a minimum offour (4) years following the termination of this Agreement unless a lesser period is approved in writing by the City Manager. The records and/or animal control operations of CONTRACTOR shall be open to inspection and audit by the City or its authorized representative as is deemed necessary by the City upon reasonable notice to CONTRACTOR. CONTRACTOR shall provide the City a copy of CONTRACTOR's full Annual financial statement immediately upon completion thereof, but in no case later than six (6) months after the close of each fiscal year. 4. CONTRACTOR shall also implement the following programs on a continuing basis: (a) Public School presentations (b) Spay/neuter subsidy programs for low income persons (c) Cable television Announcements and educational messages (d) Ordinance review and changes aimed at ending pet overpopulation (e) Animal Rescue Plan for domestic animals during disaster (t) State Humane Officer services 5. In addition, CONTRACTOR will consult with the City and on any policy/procedure that affects Temecula animals, which shall be approved by the City Manager prior to implementation. - EXHIBIT B PAYMENT SCHEDULE The City shall pay a monthly flat rate for animal control services in the amount of $12,500.00 per month for animal control services. In no event this amount shall not exceed $150,000.00 annually for a total contract amount of $300,000.00 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. In amendment number two (2) dated June 27, 200 of the prior Agreement between the City and Animal Friends of Valley a provision was made in Section 4 paragraph H that allowed Animal Friends of the Valleys to retain new license revenue obtained from a licensing/marketing program. The intent of the provision was to allow Animal Friends of the Valleys to begin funding a new shelter. Now that the JPA is formed to fund the shelter, Animal Friends of the Valleys needs to refund the money to the City that the license/marketing program created. The amount of money returned by Animal Friends of the Valleys relating to this project is $40,102.00. Under the term of this new Agreement, the City would like to draw down on that $40,102.00 by paying off a total of $8,964.36 owed to Animal Friends of the Valleys for administrative citations that were collected in fiscal year 2004/2005. This is money the City owed Animal Friends of the Valleys based on Amendment #2 of the prior Agreement that allows Animal Friends ofthe Valleys to retain this revenue. This money will be used to offset the service costs to the City of Temecula and the City can choose, at the City's discretion, to draw down this money to offset the costs of this program. License Fees for Doas Shall Be As Follows: a. Altered dogs $15.00 for 1 year b. Altered dogs $20.00 for 2 years c. Altered dogs $25.00 for 3 years d. Unaltered dogs $35.00 for 1 year e. Unaltered dogs $70.00 for 2 years f. Unaltered dogs $105.00 for 3 years g. Senior Citizen's dogs $8.00 for 1 year h. Senior Citizen's dogs $10.00 for 2 years i. Senior Citizen's dogs $12.00 for 3 years j. Late penalty of $20.00 per license ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF FINANt: F CITY MANAGER \ . .- I, 'V" CITY OF TEMECULA AGENDA REPORT FROM: City Manager/City Council ~ William G. Hughes, Director of Public Works/City Engineer TO: DATE: July 26, 2005 SUBJECT: Parking / Stopping Restrictions - Butterfield Stage Road PREPARED BY: William G. Hughes, Director of Public Works/City Engineer RECOMMENDATION: That the City Council establish "No Stopping" zones along the west half of Butterfield Stage Road between Chemin Clinet and Rancho Vista Road and along both sides of Rancho California Road from Butterfield Stage Road to Promenade Chardonnay; and direct City staff to work with the County of Riverside to establish similar "No Stopping" zones along the east side of Butterfield Stage Road and portions of Rancho California Road. BACKGROUND: The City Council requested that staff explore various parking restriction options along Butterfield Stage Road in the vicinity of Rancho California Road to prevent vehicles from stopping and loading along the public roadways. Currently, vehicles park and load along Butterfield Stage Road between Rancho California Road and Avenida Lestonnac. Butterfield Stage Road is designated as a Principal Arterial Highway on the City's Circulation Element eventually with two (2) travel lanes in each direction and a raised median. Currently, Butterfield Stage Road has a single travel lane in each direction with a painted median. The Average Daily Traffic (ADT) on Butterfield Stage Road is 8,500 south of Rancho California Road and 8,800 south of Rancho Vista Road. The prima facie speed limit is 55 MPH on Butterfield Stage Road. Between Chemin Clinet and Rancho Vista Road, the east half of Butterfield Stage Road lies within the County of Riverside's jurisdiction. . The options reviewed included, posted bike lanes, "No Parking" zones and "No Stopping" zones. The "No Stopping" provides the most restrictive and enforceable control. Based on our preliminary discussions with the County Staff, we believe that they will likely follow the City's lead in controlling the roadways. FISCAL IMPACT: The cost of the materials and labor to perform this installation are available within the current operating budget. Attachment A : Location Map r:\Agenda Report\2005\0726\butterfield stage rd. EXHIBIT "A" LOCATION MAP 100 0 E::::::'I 100 200 Feel Aerial Oata. March 2004. (l) Map prepared Ju1y21,2005 r:lgislkelli\llrcvi8llopf'Ojac:tlltanchocaL"'ughlll.apr ~ ITEM 16 APPROVAl~~ CITY ATTORNEY 'i (r( DIRECTOR OF FINANCE . CITY MANAGER~ . CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Bill Hughes, Director of Public Works DATE: July 26, 2005 SUBJECT: Request to Authorize Nighttime Grading Operations for the Temecula Auto Mall PREPARED BY: David Hogan, Principal Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD AND ADOPTING A MITIGATED NEGATIVE DECLARATION (EA-121) BACKGROUND: The City of Temecula has received a request from a property owner along Ynez Road to grade a portion of their property immediately north of the Town Center (Target) shopping center. The proposed grading project will excavate and transport the dirt across Ynez Road and to vacant property next to Interstate 15 that will be used to expand the area of the Temecula Auto Mall. Due to the impacts to traffic flow along Ynez Road, staff recommends that the grading and transporting of the dirt across Ynez Road will be conducted at night. According to Section 18.09.200 of the Temecula Municipal Code, construction activities are limited between the hours of 6:30 a.m. and 6:30 p.m. unless specifically approved by the City Council. The purpose of this agenda report is to request that the City Council approve nighttime grading activities between the hours of 6:30 p.m. and 6:30 a.m., Sunday nights through Friday mornings, for 20 days during the month of August 2005. This request also requires the approval of a negative declaration. The project will involve grading an area approximately 5 acres in size along the future alignment of Rancho Way to remove approximately 140,000 cubic yards of material from the east side of Ynez Road. This fill material will then be transported across Ynez Road to an undeveloped portion of the Auto Mall expansion area. The grading operation is proposed to occur in three different phases. However, only during Phase 2 are nighttime grading operations necessary. The three phases are as follows: R:\E A\EA 121 Auto Mall Grading\Staff Report CC1 .doc 1 Phase 1 Site Preoaration. This includes initial clearing of the property, preparing Ynez Road for crossing by the earthmoving equipment and the construction of the sound reduction berm. These activities will take place during normal daytime construction hours, 7:00 a.m. to 5:00 p.m., Monday through Friday, for approximately two weeks. Phase 2 Earthmovina. This includes the collection of the fill material, the transport of the fill material, and placing the fill material on the west side of Ynez Road. The grading and the Ynez Road crossing activities are proposed to take place during the nighttime hours, 8:00 p.m. to 5:00 a.m., Sunday night through Friday morning for approximately three weeks. Phase 3 Site Clean-uo/Finalization. On the "source site" this phase includes the completion of the erosion control measures as well as final site clean up. On the '1i11 site" this will include the development of the final grades and the subsequent completion of the erosion control measures These activities will take place during normal daytime construction hours, 7:00 a.m. to 5:00 p.m., Monday through Friday, for approximately four weeks. The proposal does not envision the complete closure of Ynez Road. However, during the nighttime grading and transportation operation, traffic will be intermittently halted to allow the scrapers to cross the roadway. A detailed traffic control plan will be required prior to the start of the operation. To evaluate the potential impacts associated with this request staff has completed an Initial Environmental Study (IES). The analysis in the IES was supported by special studies for biologic resources (including a wetlands delineation), a preliminary soil investigation and liquefaction study, and a detailed noise study. The analysis contained in the IES identified three major areas of concern. These major areas of concern included: aesthetics (light and glare), air quality and noise. A copy of the Initial Environmental Study is included in Attachment NO.2. To mitigate the possible impacts to a level of insignificance, a number of mitigation measures have been identified. Of the potential environmental effects, only the noise concerns had the potential to result in a significant impact if not mitigated. Other mitigation measures have been identified to further reduce the effects from light and glare, air quality, and archeologic resources. A list of the proposed mitigation measures in included in Attachment NO.3. This proposed Notice of Intent to Adopt a Negative Declaration and IES document were distributed for public review between July 6, 2005 and July 26, 2005. As of the date of the preparation of this staff report, no public comments have been received. Any public comments will be provided to the Council during staff's presentation. In addition, staff also sent a letter to approximately 380 residents of the Somerset and Rancho California Apartment complexes notifying them of the proposed grading activity. The complexes are immediately adjacent to the proposed grading operation and were the most likely be effected by any nighttime grading activities. A copy of the letter is contained in Attachment NO.4. FISCAL IMPACT: The approval of this request will have no direct fiscal impacts. ATTACHMENTS: 1. Proposed Resolution 05-_ 2. Initial Environmental Study 3. List of Mitigation Measures 4. Copy of Resident Letter 5. Location Map R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc 2 ATTACHMENT NO.1 PROPOSED RESOLUTION R:\E A\EA 121 Auto Mall Grading\Staff Report CC1.doc 3 ATTACHMENT NO.1 RESOLUTION NO. 05-_ A RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING NIGHTTIME GRADING ACTIVITIES FOR A PORTION OF THE AUTO MALL ALONG YNEZ ROAD AND ADOPTING A MITIGATED NEGATiVE DECLARATION (EA-121) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City of Temecula restricts the hours of construction to protect the public health, safety, and welfare; WHEREAS, Section 18.09.200 of the Temecula Municipal Code restricts the hours of construction unless specifically authorized by the City Council; WHEREAS, the City has received a request to conduct limited nighttime grading activities on a portion of properties located along Ynez Road; WHEREAS, the City has completed an Initial Environmental Study to evaluate the potential impacts and identified appropriate mitigation measures associated with conducting this nighttime grading; WHEREAS, a Notice of Intent to Adopt a Negative Declaration and a copy of the Initial Environmental Study was circulated for public review between July 6, 2005 and July 26, 2005; WHEREAS, the City Council considered the this request and received public testimony on the proposed nighttime grading and the proposed negative declaration on July 26, 2005; THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit night time grading activities between the hours of 6:30 p.m. and 6:30 a.m., Sunday through Friday, on portions of the parcels identified with the following Assessor Parcel Numbers: 921-730-004, 007, 008, 009, 012, 013, 014, 023, 031, 032, 033, 034 and 035, 921-300-013, as well as the adjacent portions of the right-of-way for Ynez Road and approve a Negative Declaration with the Mitigation Measures contained Exhibit A. PASSED, APPROVED, AND ADOPTED, by the City Council at a regular meeting held on the 26th day of July, 2005. Jeff Comerchero, Mayor ATTEST: R:IE AIEA 121 Auto Mall GradinglStaff Report eel .doc 4 Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and re~ularly adopted by the City Council of the City of Temecula at a regular meeting held on the 26 h day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc 5 R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc EXHIBIT A 6 ATTACHMENT NO.2 INITIAL ENVIRONMENTAL STUDY R:\E A\EA 121 Auto Mall Grading\Slaff Report CC1.doc 7 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist , Project Title Auto Mall/Rancho Way Extension Grading (EA-121) Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number David Hogan, Principal Planner I (9511694-6400 Project Location East and west sides of Ynez Road immediately north of the Town Center and Tower Plaza Shopping Centers, in the City of Temecula, Riverside County. Project Sponsor's Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 General Plan Designation East side of Ynez: Service Commercial West side of Ynez : Community Commercial Zoning Source site (on the east side of Ynez Road): Community Commercial Fill site (on the west side of Ynez Road): Service Commercial Description of Project The project involves the grading of an area about 5 acres in size along the future alignment of Rancho Way to remove approximately 140,000 cubic yards of material from the "source site" on the east side of Ynez Road and transporting the material across Ynez Road to the "fill site" on the west side of Ynez Road. The material will be placed, and appropriately compacted, on the west side of Ynez Road within the Auto Mall Expansion area to complete grading of the reconfigured parcels of recorded Parcel Map 23496. The "source site" for this' material is part of an undeveloped commercial site which includes the proposed future alignment for Rancho Way. The "fill site" is currently graded but vacant. This proposed project does not include the ultimate construction of Rancho Way (other than grading the right-of-way to the future profile grades for future construction). The earthmoving project will take place in three phases. The three phases are as follows: 1. Site Preoaration Phase. This includes initial clearing of the property, preparing Ynez Road for crossing by the earthmoving equipment and the construction of the sound reduction berm. These activities will take place during normal daytime construction hours (7:00 a.m. to 5:00 p.m., Monday through Friday). Estimated duration - 2 weeks. 2. EarthmovinQ Phase. This includes the collection of the fill material, the transport of the fill material, and placing the fill material on the west side of Ynez Road. The grading and the Ynez Road crossing activities are expected to take place during the nighttime hours (8 p.m. to 5 a.m., Sunday night through Friday morning). Current estimates are that six 24-cubic yard scrapers will be used to transport the fill material. There will be other equipment, including bulldozers, on each site assisting the scrapers. Estimated duration - 3 weeks. . R:IE AlEA 12f Auto Mall GradingUES.v3.doc Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. v' Aesthetics Mineral Resources Agriculture Resources v' Noise v' Air Quality Population and Housing Biological Resources Public Services Cultural Resources Recreation Geology and Soils T ransportationrr raffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning None . Determination (To be completed by the lead agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be oreoared. v' I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the proiect oroponenl. A MITIGATED NEGATIVE DECLARATION will be oreoared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is reauired. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applical5le legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analvze onlv the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the orooosed oroiect, nothinQ further is required. ~ CJ~\ 7 Ish Signature ' ~ \ Date f / DAVI b. ~'7 ~...l Printed name For R:IE AlEA 121 Auto Mall GradingIIES.v3.doc 3 1. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Sunnortinn.lnformation Sources Impact Incorporated Imoact Imnact a. Have a substantial adverse effect on a scenic vista? ./ b. Substantially damage scenic resources, including, but not ./ limited to, trees, rock outcroppings, and historic buildings within a state scenic hiQhway? c. Substantially degrade the existing visual character or quality of ./ the site and its surroundinos? d. Create a new source of substantial light or glare which would ./ adversely affect day or niQhttime views in the area? Comments: "Source Site" Imoacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The effected site is the remaining undeveloped site in an already developed area. The "source site" is not visually prominent and is not considered to be scenic. . The only potential scenic resource that could be affected is the small hill on the site. These and any future grading of the site will change its appearance. However, the unspecific changes are not expected to be significant since any development will be required to comply with the City's building design and landscape standards. Any specific future developments will receive an appropriate level of environmental review when detailed information is available. However, there is a potential for some light and glare effects from the nighttime earthmoving activities. The light and glare effects will be most noticeaple when the grading is closest to the adjacent residences. While some portions of the grading operation will be located below the crest of the small hill on the property and on the west side of Ynez Road, some of the areas being graded along the southern property line of the fill property will be visible to nearby residents. In addition to the impacts described above, residents located farther away may also be able to see additional evening illumination; however this illumination is expected to be similar to the nighttime lighting commonly generated by the adjacent Auto Mall. The impacts of the construction site lighting can be mitigated by the implementation of the following: , "All construction site lighting shall be oriented away from and/or shielded in such a way that the light does not illuminate the adjacent multiple family units. " As a result of this measure, no significant impacts are expected from the proposed grading operation. "Fill Site" Imoacts The impacts associated .with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the development and improvements for Parcel Map 23496 indicated that the nighttime lighting used to illuminate the earthmoving activities could adversely affect motorists on Interstate 15 and Ynez Road. To mitigate these potential impacts the following mitigation measure shall be implemented. "All "fill site" construction site lighting shall be oriented away from and/or shielded in such a way that the light does not shine directly into the eyes of the motorists along Interstate 15 and Ynez Road. " . As a result of this mitigation measure, no significant impacts are anticipated. R:IE AIEA 121 Auto Mall Grading\lES.v3.doc 4 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, le.ad agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing Impacts on agriculture and farmland. Would the project: PotetitJally Potentially SignlficantUnles's Less.nlaO Significant Mitigation Significant No Issues and Su"'''''rlinn lnfonnation Sources Imnact Incomorated Imnact lmnact a. Convert Prime Farmland, Unique Farmland, or Farmland of ./ Statewide Importance (Farmland), as shown on the maps I prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- aoricultural use? b. Conflict with existing zoning for agricultural use, or a ./ Williamson Act contract? c. Involve other changes in the existing environment which, due to ./ their location or nature, could result in conversion of Farmland, to non-aoricultural use? Comments: "Source Site" Imoacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. There is no evidence onsite, that the area to be graded has ever been used for agricultural purposes. The site's topography and remaining degraded native plant communities indicate that agricultural has not occurred in this area; though historic rangeland grazing may have occurred here. The site is also not designated as significant farm land. As a result, no significant impacts are expected from the proposed grading operation. "Fill Site" Imoacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: . ,:)P-ot~n~allY potentially Signlficant,UnleSS LessThan' > ," ,lssues':aricfsu.........rtifl..;:I~i6dnation':so,u~ \ Sfgnificant .~.Mitigation I :' Sigrufleant NO . . . .lmo.C1 .,lIicPr60rctted _. '. '.lino~C1 Imoact a. Conflict with or obstruct implementation of the applicable air ./ aualitv alan? b. Violate any air quality standard or contribute substantially to an ./ existinn or nroiected air oualitv violation? c. Result in a cumulatively considerable net increase of any ./ criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions Wh~~h exceed nuantitative thresholds for ozone orecursors ? d. Expose sensitive receptors to substantial pollutant ./ concentrations? R:IE AlEA 121 Auto Mall Grading~ES.v3.doc 5 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: . . Potentially Potentially Significant Unless Less Than Significant Mitigation ' Significant No Issues and $uDoortinn Information Sources Imoact Incomoraled Imoact Imnact e. I Create objectionable odors affecting a substantial number of ./ oeople? Comments: Unlike the other sections of this Initial Environmental Study, the project incorporates the analysis of the grading operations on both the "source" and "fill" sites. This is being done because the previously identified grading .. impacts for Parcel Map 23496 did not necessarily include the import of additional fill onto the site. The proposed project is a grading operation to remove fill material from the east side of Ynez Road and . deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The project will not conflict with any applicable air . quality plan and is not expected to result in any violations of air quality standards because the project will comply with all applicable requirements and because any emissions will be of short duration. The project is not expected to result in any long term air quality violations, objectionable odors, or impacts to sensitive receptors. However, there is a potential for some short term construction related impacts from this project. The potential air quality impacts of this project were assessed using the Air Quality Management Oistrict's URBEMIS 2002 . model. The analysis assumed the activities on both the "source" and '1i11" sites in its analysis. The results of this analysis indicated that air qualitY standards would not be violated by this project. The results of the analysis, without mitigation measures, are shown below. Pollutant Reactive Or anic Gases Oxides of Nitro en Carbon Monoxide Particulate Matter PM10 PROJECTED AIR QUALITY EMISSIONS (without Mitigation Measures) Estimated Emissions 48.15 Ibs/da 368.58 Ibs/da 363.69 Ibs/da 420.42 Ibs/da AQMD Threshold 75 Ibs/da 100 Ibs/da 550 Ibs/da 150 Ibs/da With the mitigation measures that are identified in this discussion, the impacts are expected to be reduced to the following. PROJECTED AIR QUALITY EMISSIONS (with Mitigation Measures) Estimated AQMD Significant Pollutant Emissions Threshold Impact? Reactive Oraanic Gases 48.15 Ibs/dav 75 Ibs/dav No Oxides of Nitroaen 317.08 Ibs/dav 100 Ibs/dav No' Carbon Monoxide 363.69 Ibs/dav 550 Ibs/dav No Particulate Matter (PM10l 117.26Ibs/dav 150 Ibs/day No ,. During this grading operation, the oxides of nitrogen may exceed the AQMD's significance threshold. Even with all the available mitigation measures and with keeping the equipmeni in good tune, average daily exhaust emissions can not be reduced below the potential impact threshold of the Air Quality Management District. However, because the emissions are grading related and will be of short duration, the oxides of nitrogen emissions are considered less than sianificant. R:IE AIEA 121 Auto Mall GradingUES.v3.doc 6 This analysis includes the incorporation of the following mitigation measures to reduce potential air quality impacts. "Adequate watering techniques shall be employed to mitigate the impact of construction-generated dust particulates from both the disturbed areas and haul routes. The watering techniques shall be done at least three times per day. Portions of the project site that are under-going earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the work day. " "All earthmoving equipment shall use aqueous diesel fuel. " However, despite these measures, residents of the adjacent multiple family units may experience some additional dust and diesel odors when the grading operation is closest to their units and the wind direction is from the southwest or west, the common afternoon wind direction in this area. To ensure that the potential for construction-generated dust is minimized, the following mitigation measure will be implemented" "Grading operations shall be suspended when on-site wind speeds exceed 25 mph." ti.s a result of these mitigation measures and the standard conditions of approval placed on all grading permits, these potential impacts are expected to be mitigated to a level of insignificance. 4. BIOLOGICAL RESOURCES. Would the project? . ... . . Potentially Pdtentia:lly Significant Unless le'ssThan ISSUesand,suririnrtlMat.jtbrmatiotfs:'urces:, ., ' Significant . Mitigat.ion Significant No ;.. . ... ... Ambact " Inw:rooi"ated Imoact Imoact a. Have a substantial adverse effect, either directly or through .( habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or v' other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c. Have a substantial adverse effect of federally protected v' wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident .( or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nurserv sites? e. Conflict with any local policies or ordinances protecting .( biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat Conservation .( Plan, Natural Community Conservation Plan, or other approved local, renional, or state habitat conservation olan? R:\E A\EA121 Auto Mall Gradlng~ES.v3.doc 7 Comments: "Source Site" Impacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. A biological resource and wetland delineation study was prepared for this property by the Thomas Leslie Corporation in 2004. According to the study, most of the "source site" area where the grading activities are proposed to occur consists primarily of non-native grasslands and ruderal vegetation. There are several small patches of coastal sage scrub habitat on several areas of the "source site". A couple of these patches are located where the proposed grading is expected to occur. Specific species surveys were done for the california gnatcatcher and quino checkerspot butterfly. Neither of these species were observed on the "source site". The wetland delineation study identified wetland areas along the northern portion of the "source site". However, the delineated wetland area is not proposed to be graded or effected by this project. As a result, no impacts to wetland resources are anticipated. Finally, the site is not located within a Multi-Species Habitat Conservation Plan (MSHCP) criteria cell and is therefore in compliance with the approved Plan. As a result, no significant impacts to biologic impacts are anticipated. "Fill Site" Imoacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. Because the "fill site" has already been graded and contains no habitat areas, no significant biologic resources ar~ present to be impacted. In addition, the closest potentially sensitive biologic resources are located within the adjacent stream channel. However, no work activity is proposed to occur in this area. As a result, the supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts. . 5. CULTURAL RESOURCES. Would the project: I ,Potentially ,-potentially Significant Unless Less' Than Issuesand,SunnnitiIl.IlJnfi:iiTnadohSouroes . . '~i~nificanl Mi~gatjon Significant No ~,,~' ';lnina:cf :'Incarcorated; . 'Irti"ac:t . IlJ1nact a. Cause a substantial adverse change in the significance of a ../ historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of an ./ archaeoloaical resource oursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological resource ./ or site or uniaue aeoloQic feature? d. Disturb any human remains, including those interred outside of ./ formal cemeteries? Comments: "Source Site" Imoacts The. proposed project is a grading operation to remove fill material from the east side of Ynez Road and , deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The "source site" does not contain any identified cultural resources and is not identified as an area of sensitivity for archaeologic resources. However, the site has a high potential for buried paleontological resources and is covered by the Pauba Formation. Portions of the Pauba Formation are known to contain Pleistocene Era fossils. R:IE A~ 121 Auto Mall Grading~ES.v3.doc 8 Due to the high potential for such resources to occur on the property, the following mitigation measure will be implemented: "During excavation activities, a qualified paleontological monitor will be present and will have the authority to stop and redirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the alignment. If paleontological resources are encountered, adequate funding will be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. " As a result of this mitigation measure, no significant impacts are expected from the proposed grading operation. "Fill Site" Imoacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. The site has already been partially graded in conformance with the approved tentative parcel map. As a result, the supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts. 6. GEOLOGY AND SOILS. Would the project: .. ~'PotentiaUy :!PQte'htfaUf ,:" :/ ". ii'.; .' .' Significant Unless Less Than~ -,Significant 'Mitigation' . Significant No Issuesahd:Sui"lririrtinQlnformati6n:Sources '.. , :<]Jfnhacf .iiliwmmledi' ; o'liftriaclr. 'rmdact ; a. Expose people or structures to potential substantial adverse effects, includino the risk of loss, iniurv, or death involvino: i. Rupture of a known earthquake fault, as delineated on the most .; recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii. Strono seismic around shakino? ./ iii. Seismic-related around failure, includina liauefaction? .; iv. Landslides? ./ b. Result in substantial soil erosion or the loss of tODsoil? ./ c. Be located on a geologic unit or soil that is unstable, or that ./ would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collaose? d. Be located on expansive soil, as defined in Table 18-1-B of the ./ Uniform Building Code (1994), creating substantial risks to life or DroDertv? e. Have .soils incapable of adequately supporting the use of septic ./ tanks or alternative wastewater disposal systems where sewers are not available for the disoosal of wastewater? . Comments: "Source Site" Impacts: The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The site is approximately 200 feet east of the Wildomar Fault. The Wild9mar Fault has been active in recent geologic time and is located within Alquist- Priolo Special Study Zone. The maximum probably earthquake magnitude for the Wildomar Fault is estimated to be 6.0 on the Richter Scale. This means that any future development on the site will be effected by seismic activity generated by this fault. R:\E AIEA 121 Auto Mall Grading\IES.v3.doc 9 The Pauba Formation that underlies this site is not considered to be geologically unstable. In addition, the preliminary soils investigation also concluded that, given the soil conditions and the depth to groundwater, the potential for liquefaction appears to be nil. In addition, because no structures or specific site development is proposed with this project, no impacts are anticipated. When any future projects are considered for this site, appropriate environmental review will be undertaken and appropriate mitigation measures will be identified. There is always a potential for soil erosion whenever ground disturbing activities occur. Any potential impacts will be addressed through standard grading erosion control measures implemented through the grading permit. As a result of these mitigation measures and other factors, no significant impacts are anticipated. "Fill Site" Imoacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. The "fill site" is also crossed by the previously described Wildomar Fault. The location of the Fault Zone and the required impact mitigation provisions were previously identified. In addition, the '1ill site" was previously graded in accordance with the approved parcel map. This previous grading activity was performed in conformance with local requirements. The placement and compaction of additional fill material will also be performed consistent with the current site development and grading requirements of the Public Works Department. As a result, no additional impacts area anticipated. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suooortina Information Sources Imoact Incorporated Impact Impact a. Create a significant hazard to the public or the environment ,. through the routine transportation, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment ,. through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely ,. hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existinQ or proposed school? . d. . Be located on a site which is included on a list of hazardous ,. materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where ,. such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residinQ or workinQ in the oroiect area? . f. For a project within the vicinity of a private airstrip, would the v" project result in a safety hazard for people residing or working in the oroject area? g. Impair implementation of or phYSically interfere with an adopted ,. emergency resoonse olan or emerQencv evacuation olan? ,. h. Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlarids? . R:\E A"'-A 121 Auto Mall GradingUES.v3.doc 10 Comments: "Source Site" ImDacts: The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The project is not expected to generate any additional hazards to people or property. In addition, the project is not located in close proximity to an airport. The closest airport is the French Valley (general aviation) Airport operated by the County of Riverside. It is located approximately 3Y2 miles to the north. When considering the location of the airport and the nature of the proposed project, no significant impacts are expected to occur. "Fill Site" ImDacts . The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts. 8. HYDROLOGY AND WATER QUALITY. Would the project: ,'Potentially , e()tentially Significant-Unless LessThan, Si't~~cant ' -':Miti~~ti?rr ' Signifi6'a'nt' No Issuesand',SuDoortin;ci'lnfon:naW:li) Spurces, . . .' '., 1m act ,rncb-;:bbrated 'fmnact IrrJnacl, a. Violate any water quality standards or waste discharge .,' reauirements? . b. Substantially deplete groundwater supplies or interfere . .,' substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support eXiStin~\~and uses or planned uses for which permits have been oranted ? c. Substantially alter the existing drainage pattern of the site or .,' area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site ar .,' area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in floodinaon- or off-site? e. Create or contribute. runoff water which would exceed the ./ capacity of existing or planned storm water drainage systems or nrovide substantial additional sources of Dolluted runoff? f. Reauire preoaration of a water aualitv manaaement plan? .,' g. Place housing within a 1 OO-year flood hazard area as mapped .,' on a federal Flood Hazard Boundary or Flood Insurance Rate Man or other flood hazard delineation maD? h. Place within a 1 OO-year flood hazard area structures which .,' would imoede or redirect flood flows? i. Expose people or structures to a significant risk of loss, injury .,' or death involving flooding, including flooding as a result of the failure of a levee or dam? i. Inundation bv seiche, tsunami, or mudflow? .,' R:IE AlfA 121 Auto Mall Grading~ES.v3.doc 11 Comments: "Source Site" ImDacts: The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The "source site" is not located within a 100-year flood hazard area and does not include the construction of habitable structures that could be affected by flooding. The project will not significantly alter the existing drainage pattern. The site is located outside of (above) the proposed dam inundation area for both Lake Skinner and Diamond Valley reservoirs. As part of the City's standard grading permit requirements, an erosion control plan and/or water quality management plan (if appropriate) will be reviewed and approved to ensure that no violations of water quality occur. As a result, no impacts to hydrology or water quality are anticipated as a result of this project. "Fill Site" ImDacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional water quality or hydrologic impacts. Since the original parcel map was approved and graded, additional water quality management requirements have been required by the San Diego Regional Water Quality Control Board. The requirements of this new program have the potential to further reduce any water quality impacts resulting from the development of this site. As a result, no additional environmental impacts are anticipated. 9. LAND USE AND PLANNING. Would the project: . Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and $unnnrtinQ./nformation$ources Impact lncoroorated lmnact Impact a. Physically divide an established community? .;' b. Conflict with any applicable land use plan, policy, or regulation .;' of an agency with juriSdiction over the project (including, but not limited to the general plan, specific plan, local coastal progral11, or zoning ordinance) adopted for the purpose of avoiding or mitiQating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural .;' community conservation plan? Comments: "Source Site" ImDacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The project is located in an area identified for future commercial iand uses. The site also contains the future location for a General Plan-level roadway tentatively labeled as Rancho Way. The proposed project will not divide the community and is consistent with the adopted General Plan and the approved Multiple Species Habitat Conservation Plan. As a result, no significant impacts are expected from the proposed grading operation. R:IE AIEA 121 Auto Mall Gradjng~ES.v3.doc 12 "Fill Site" ImDacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts to land use or planning issues. 10. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless less Than Significant Mitigation Significant No Issues and Sunnortinn Information Sources Imnact Incorporated Impact Impact a. Result in the loss of availability of a known mineral resource ./ that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important mineral ./ resource recovery site delineated on a local general plan, soecific plan or other land use plan? Comments: "Source Site" Impacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. There are no known mineral resources located on the site. As a result, no significant impacts are expected from the proposed grading operation. "Fill Site" Impacts The impacts associated with the site development of Parcel Map 23496 were previously identified by . Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts to mineral resources. 11. NOISE. Would the project result In: . .. .... PotentiallY, , f'9tentially SignJ!jcantUriless ,;L.es$ Than /.'...;. , . '::,::tSig'nifi,cant Mitig'~~i9n , ': $Jgl}ifjp?nt No Issues and ~u;:Y1itiJ1t1,infbJTil~ff~n:$QOtCes .,' L'",qrTinaot' :Incomorateo." ' 100pa'ct Impact a. Exposure of persons to or generation of noise levels in excess ./ of standards established in the local general plan or noise ordinance, or apDlicable standards other aoencies? b. Exposure of persons to or generation of excessive v oroundborne vibration or oroundborne noise levels? c. A substantial permanent increase in ambient noise levels in the ./ proiect vicinity above levels existino without the Droiect? d. A substantial temporary or periodic increase in ambient noise ./ levels in the project vicinity above levels existing without the . proiect? e. For a project located within an airport land use plan or, where ./ such a plan has not been adopted, within two miles of a public use airport, would the project expose people residing or . workino in the Droiect area to excessive noise levels? f. For a project within the vicinity of aprivate airstrip, would the ./ project expose people residing or working in the project area to excessive noise levels? . R:IE AlEA 121 Auto Mall Grading~ES.v3.doc 13 Comments: "Source Site" ImDacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The "source site" is currently dominated by noise generated by both Interstate 15 and Ynez Road. According to the Noise Study prepared by Weiland Associates in 2005, the Community Noise Equivalent Level (CNEL) at the apartment building closest to the proposed grading operation is 58.7 dB. Daytime grading operations are not expected to result in. adverse impacts because of the lower sensitivity to . noise and the ambient traffic noise from Interstate 15 and Ynez Road. However, the impacts associated with conducting the earthmoving operation during the evening hours has the potential to result in a significant adverse impact. The results of the Study indicated that conducting nighttime grading operations would result in a significant adverse impact on the adjacent residents. CNEL adjacent to the multiple family units is expected to be between 70 dB and 79 dB. These noise levels represent a significant impact. To reduce the potential impacts to a level of insignificance, the following mitigation measures shall be implemented. 1. To maintain the City's CNEL criteria (from the adopted General Plan), daytime and nighttime grading activities shall not be permitted within the same 24-hour period. 2. During daytime hours (7:00 a.m. to 7:00 p.m.), and prior to any nighttime grading activities, an earthen berm shall be constructed along the eastern and northern sides of the construction area on the "source site': (The height and location of the berm are identified in Attachment D.) 3. The construction contractor shall implement a noise awareness program for construction workers. The onsite construction supervisor shall be authorized to receive noise complaints and is responsible for their resolution. 4. All construction equipment shall be equipped with properly operating and maintained muffling devices. 5. To the extent feasible, construction activities shall be .scheduled to avoid operating multiple pieces of equipment simultaneously, which causes higher noise levels. 6. The construction contractor shall avoid unnecessary equipment idling for long periods. 7. BaCk-Up horns shall be replaced with alternatives such as warning lights, hand signals, and/or continuous loop routes. 8. No construction-related public address loudspeaker, two-way radio or music system shall be audible at any adjacent noise-sensitive land use. 9. Construction techniques designed to reduce noise shall be implemented where feasible. 10. Areas reserved for testing and fixing equipment shall be placed away from sensitive receptors in an areas approved by the Department of Public Works. 11. Grading and construction equipment shall be stored on the project site while not in use. R:IE AlEA 121 Auto Mall Grading~ES.v3.doc 14 12. Prior to the commencement of construction, and ongoing during construction, residents adjacent to the construction activity shall be notified of the specific construction activity and associated schedule. Additionally, signs easily visible at all times during construction should be posted at strategic locations within the project area. The notifications and signs should identify the address, "hotline" number, and name of a designated person to contact for the purpose of responding to questions or complaints during the construction period. The notifications and signs shall also identify the hours of permissible construction work and estimated duration. These mitigation measures are expected to reduce the impacts of the nighttime grading to a levei of insignificance. However, some short-term noise-related inconvenience to nearby residents is still likely to occur. As a result, no significant noise impacts are anticipated. "Fill Site" ImDacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. Onsite noise levels are dominated by the noise generated by traffic on Interstate 15. This information was known when the original project was considered and approved. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts. 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and:Sun~rtiriaJnfqrtJtatlbnSources Impact Incomorated Impact Impact a. Induce substantial population growth in an area, either directly -/ (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating -/ the construction of reolacement housing elsewhere? c. Displace substantial numbers of people, necessitating the -/ construction of replacement housing elsewhere? Comments: "Source Site" ImDacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The project is located in an area identified for future commercial land uses and will not result in the displacement or removal of any residential units. The "source site" is currently undeveloped. As a result, no significant impacts are expected from the proposed grading operation. "Fill Site" ImDacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts since the site is designated for commercial uses. R:IE A\EA 121 Auto Mall Gradlng~ES.v3.doc 15 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Potelitially Sfgn.iticant UnleSs Less Than Significant Mitigation Significant' No tssu,esand-SuDoortihc:i,lnfo'miation>SoiJrCe:s . . .mnpact _lncornorated Impact -Impact a. Fire protection? ./ b. Police orotection? ./ c. Schools? ./ d. Parks? v e. Other Dublic services or facilities? ./ Comments: "Source Site" ImDacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The removal of material from the "source site" and transporting it across Ynez Road to the '1ill site" will not affect the demand for fire, police, school or park services. The existing City staff (most noticeably from the Public Works and Police Departments) will incorporate this project into their normal work schedule routine. These additional services will be short-term construction related. The Public Works Department's costs of these additional services are expected to be covered by the applicable permit fees. The additional Police Department involvement may occur if extreme traffic congestion occurs or if an accident or collision necessitates their involvement. However, these additional short-term construction-related service requirements are considered to be minor. As a result, no significant impacts are expected from the proposed grading and transport operation. "Fill Site" ImDacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not any additional significant impacts to public services. Some additional grading inspections will occur on this site while the grading/transport activities are ongoing. 14. RECREATION. . ... . Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues andSuDDOrtina Information Sources Impact Incorporated . Impact Impact a. Would the project increase the use of existing neighborhood ./ and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? . b. Does the project include recreational facilities or require the ./ construction or expansion of recreational facilities which might have an adverse ohvsical effect on the environment? R:\E AIEA 121 Auto Mall Grading~ES.v3.doc 16 Comments: "Source Site" Impacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and . the eventual construction of the extension of Rancho Way. The project is located in an area identified for future commercial land uses. The project will have no effect on either the demand for, or the operation of, any recreation facilities. As a result, no significant impacts are expected from the proposed grading operation. "Fill Site" Impacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts. 15. TRANSPORTATION/TRAFFIC. Would the project: Potentially POtentially Significant Less Than _ Significant Unless Significant No Issues and SuppOrting Infonnation Sources Impact Mitigation Impact Impact IncorDorated a. Cause an increase in traffic which is substantial in relation to -I' the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? . b. Exceed, either individually or cumulatively, a level of service -I' standard established by the county congestion management aqency for desiqnated roads or hiohwavs? c. . Result in a change in air traffic patterns, including either an -I' increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., -I' . sharp curves or dangerous intersections) or incompatible uses le.a., farm eauipment)? e. Result in inadequate emerqencv access? -I' f. Result in inadequate Darkinq caDacity? .( g. Conflict with adopted policies, plans, or programs supporting -I' . alternative transDortation le.a., bus turnouts, bicvcle racks)? . Comments: "Source Site" ImDacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The project proposes to use scrapers to collect soil frOm the "source site" and deliver it to the ''fill site" located on the west side of Ynez Road. The proposed grading operation will use flagman and traffic control devices to stop street traffic when the scrappers are crossing the roadway. This has the potential to impact traffic flbws along Ynez Road. However, to minimize . the impacts to Ynez Road, the earthmoving-related activities will occur after 7:00 p.m. Daily traffic counts taken along Ynez Road on August 12, 2004 indicate that only 5,941 trips, approximately . 17% of the average daily trips, occur between the hours of 7:00 p.m. and 7:00 a.m. As a result, conducting the R:IE AlEA 121 Auto Mall GradingUES.v3.doc 17 cross Ynez Road earthmoving operation during the night will avoid any significant impacts to the City's circulation system. Information on the average daily vehicle trips on Ynez Road is shown in the following table. AVERAGE DAILY TRAFFIC VOLUMES ON YNEZ ROAD Dail Time Increment 7:00 a.m. to 1 :00 p.m. 1 :00 p.m. to 7:00 p.m. 7:00 p.m. to 7:00 a.m. Measured 24-hour Traffic Volume Average Vehicle Tri s 12,615 17,258 5,941 35,814 Percent of the Daily Tri s 35.2% 48.2% 16.6% Average Trips er Hour 2,103 2,876 495 In an effort to minimize the potential for significant traffic delays along Ynez Road, as well as the Ynez Road and Rancho California Road intersection, the proposed grading will take place after 7:00 p.m. As a result, the proposed grading activities are expected to have a minimal impact on the vehicular circulation on Ynez Road. The impacts will be limited to repeated periodic delays as street traffic is halted for the scrapers to cross Ynez Road. The typical delay should be less than one minute in duration. In addition, to minimize the impacts to traffic on Ynez Road,a detailed traffic control plan will be prepared to identify ways to safely manage the conflicts between the street traffic and the grading operation. Ynez Road will remain passable to the movement of street traffic, no adverse impacts are expected to emergency access. As a result, no significant impacts are expected. "Fill Site" ImDacts The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts to the site. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SunoOrtinn-lnfortnatiQHSources' . _ :Imnact ;Inco";;orated lrnnact Imnact a. Exceed wastewater treatment reqUirements of the applicable .,.. ReQional Water Quality Control Board? b. Require or result in the construction of new water or .( wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water .( drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project .( from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider .( which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the Drovider's existinQ commnments? f. Be served by a landfill with sufficient permitted capacity to .,.. accommodate the oroiect's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations .,.. related to solid waste? R:\E AIEA 121 Auto Mall Grading~ES.v3.doc 18 Comments: "Source Site" ImDacts The proposed project is a grading operation to remove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The proposed grading project will not affect the sewer, water, or solid waste systems that provide service to the City. As a result, no significant impacts are expected from the proposed grading operation. "Fill Site" ImDa~s The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts since the site is designated for commercial uses. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than . IsSlies,and,SuDoortlno:"tnformatipn:.so.ufCeS< Significant Mitigation Significant No .. . . Imoact Incomorated Imoact lmoact a.. Does the project have the potential to degrade the quality of the ./ environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the maior Deriods of California historv or orehistorv? b. Does the project have impacts that are individually limited, but ./ cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of orobable future oroiectsl? c. Does the project have environmental effects which will cause ./ substantial adverse effects on human beings, either directly or indirectlv? Comments: The proposed project is a grading operation to reniove fill material from the east side of Ynez Road and deposit the fill material on the west side of Ynez Road to facilitate the development of Parcel Map 23496 and the eventual construction of the extension of Rancho Way. The project consists of about 5-acres of grading on an infill site along a commercially designated corridor within the City of Temecula. The project has no potential to result in a significant cumulative impact. In addition, the proposed project is consistent with the adopted City . General Plan. The impacts associated with the site development of Parcel Map 23496 were previously identified by Environmental Assessment No. 32722. A supplemental review of the impacts associated with the site improvements for Parcel Map 23496 did not identify any additional impacts. The development proposed within Parcel Map 23496 is also consistent with the General Plan. Furthermore, any impacts associated with a short period of night time grading will also not result in any significant cumulative impacts. As a result, this project will not result in any cumulative impacts to the environment. R:\E AIEA 121 Auto Mall Grading~ES.v3.doc 19 SOURCES 1. City of Temecula General Plan. 2. City of Temecula General Plan Final.Environmentallmpact Report. 3. Biologic and Jurisdictiol)allnvestigation. prepared by Thomas Leslie Corporation, July 30, 2004. 4. Preliminary SoillnvestigationlLiquefaction Study. prepared by Leighton and Associates, December 17,1985. 5. Noise Study for the Rough Grading of the T emecula Auto Mall Expansion in the City of T emecula, prepared by Weiland Associates, May 2005. 6. Information provided by the Director and Deputy Director for the Public Works Department. o R:\E AlEA-121 Auto Mall Grading~ES.v3.doc 20 I I I I I I I I II I I I I I I I I I I I . . . rrfwmas Les[ie Cotporation Biological & Cultural Investigations & Monitoring Mr. Isaac Lei Selby Development Corporation 853 East Valley Boulevard, Suite 200 P.O. Box 8527 San Gabriel, California 91776 July 30, 2004 SUBJECT: . Results of Biological and Jurisdictional Investigations of APN 921-300-013 Dear Mr. Lei: Thomas Leslie Corporation is pleased to present the results of the subject biological and jurisdictional investigations of Assessor's Parcel Number (APN) 921-300-013. The parcel is also identified as Lot 12 of Tract No. 3334. The . biological investigations included performance of a biological constraints analysis (BCA) and a Burrowing Owl . (Alhene cunicularia; BO) habitat suitability assessment (BO-HSA). Jurisdictional investigations included performance of a delineation of wetlands and waters. The findings of the biological and jurisdictional investigations, divided into Pre-Field Survey and onsite Field Survey investigations, are provided in this letter report. The findings of the BCA, divided into Pre-Field Survey and onsite Field Survey sections, are provided in this report. I. SUMMARY OF BeA INVESTIGATIONS . APN 921-300-013 is located outside any MSHCP Criteria Areas. Therefore, development of the parcel would not conflict with, or be constrained by, conservation goals of the MSHCP. APN 971-300-013 is not located within critical Quino Checkerspot Butterfly or California Gnatcatcher habitat. APN 921-300-013 is located inside Stephens' Kangaroo Rat (SKR) Plan Area/Fee Area. The MSHCP reouires performance of habitat suitability assessment field survey for the Burrowing Owl (BO). No suitable primary or secondary BO habitat was identified onsite during performance of the May 28, 2004 . habitat suitability assessment field survey. The closest state BO occurrence record is 1.2:1: miles southeasterly of the eastern corner of APN 921-300-013. No BO individuals were observed onsite on May 28 or July 23, 2004. Nom! were observed during three previous surveys performed in 2001 and 2000 (TLC, 2001). . . . . No listed, or unlisted but sensitive plant or wildlife species, were observed onsite in 2004. None were observed during three previous surveys performed in 2001 and 2000 (fLC, 2001). . Four linear jurisdictional features are present within the boundaries of APN 921-300-013 (see Figure 4). The following jurisdictional elements were delineated along the four linear jurisdictional features: Main Drainage: (1) 0.323:1: acres of jurisdictional intermittent waters of the state and 0.175:1: acres of jurisdictional intermittent waters of the US. (2) 0.060:1: acres of wetlands. (3) 1.359:1: acres of riparian habitat P.O. Box 2229 Temecula, CA 92593-2229 Office (909) 296-6232 Fax (909) 296-6233 I I I I I I I I I I . I . . . . . . . Tributaries A. B and C (no riparian habitat. no wetlands): T -A: 0.024:1: AC of ephemeral waters of state and T-B: 0.031:1:AC of ephemeral waters of state and T-C: 0.053:1: AC of ephemeral waters of state and 0.108:1: AC total 0.008:1: AC 0.008:1: AC 0.014:1: AC 0.030:1: AC of ephemeral waters of the US. of ephemeral waters of the US. of ephemeral waters of the US. total . Construction of seven proposed building pads will involve the following: (1) Filling of 0.080:1: acres of ephemeral waters of the state and 0.022:1: acres of ephemeral waters of the US at the southerly ends of Tributaries A, B and C. Non-notifying US Army Corps of Engineers' Nationwide Permit 39 (NWP-39) can be used to authorize impacts to waters of the US at the southerly ends of Tributaries A, B and C. Use of NWP-39 reqJ1ires pre-grading procurement of the following state permits: a California Department of Fish and Game Streambed Alteration Agreement (1602) and a Regional Water Quality Control Board 401 permit. (2) Preservation of the following jurisdictional elemen!S: Main Drainage: 1.359:1: acres.of riparian habitat, 0.323:1: acres of intermittent waters of the state, 0.060:1: acres of wetlands and 0.175:1: acres of intermittent jurisdictional waters of the US. Tributaries: 0.028:1: acres of ephemeral jurisdictional waters of state and 0.008:1: acres of ephemeral jurisdictional waters of the US at the northerly ends of Tributaries A, B and C. If impacts are ever proposed, an Individual US Army Corps of Engineers 404 permit and stat 1602 and 401 would be required. 0. LOCATION OF APN 921-300-021 . Fignre 1 illustrates the boundaries of APN 921-300-013 on the 2004 Thomas Guide San Bernardino and Riversi-de Counties Street Guide and Directory on Detail map page 958, map coordinates H-5, J-5, H-6 and J- 6. . Figure 2 plots the boundaries of the parcel in the portions of Section 36, Township 7 South, Range 3 West and Section 1, Township 8 South, Range 3 West, of the Munieta, Calif., United States Geological Surveys (USGS) quadrangle. The Temecula Valley Freeway (Interstate 15; 1-15) provides regional access to APN 921-300-013. The parcel can be reached by exiting 1-15 at Rancho California Road and driving northeasterly 0.1:1: miles to Ynez Road. Turn left onto Ynez Road and proceed 0.3:1: miles to the southern comer of the parcel. , III. PURPOSE OF THE BIOLOGICAL AND JURISDICTIONAL INVESTIGATIONS The 2004 biological and jurisdictional investigations were performed to (a) identify the presence of any sensitive biological elements (plant and wildlife species or habitat) or jurisdictional elements (waters, wetlands or riparian habitat), which Could potentially constrain planning for, or development of, APN 921-300-013, (b) ascertain the need to perform additional focused biological investigations within the boundaries of APN 921-300-013 and (c) map, describe and quantify the jurisdictional elements present onsite. The results of. the biological and jurisdictional investigations are summarized' in Section VI of this report (see pages 6-11). . IV. PRE-FIELD SURVEYS INVESTIGATIONS METHODOLOGY The Pre-Field Survey analysis included reviews of the state records searches and GIS and MSHCP maps concerning APN 921-300-013 and the immediately surrounding vicinity, to determine if any sensitive biological elements are recorded or mapped on, or could be expected to occur within the boundaries of APN 921-300-013. This information was used to determine if additional species-specific focused field surveys will be necessary. A. Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Analysis The Riverside County MSHCP (MSHCP, 2003) was analyzed to determine: (1) which MSHCP Area Plan APN 921-300-013 is located in, (2)' if APN 921-300-013 is located inside any Criteria Area, (3) which biological investigations are required by the MSHCP for the parcel, (4) if the development of APN 921-300-013 will conflict with conservation goals of the MSHCP and (5) if APN 921-300-013 is inside or outside the MSHCP Fee area. SD.073004-BCNJD 2 TLC I I I I I I I I I I I I I I I 2004 Thomas Guide for S.Bemardino & Riverside Cos., Pg. 958, Coords,_H-5, J-5, H-6 & J-6 ....-.... . . . . . . . . . . . . ~liomas LesUe Cory oration BIOLOGICAL & CULTURAL INVESTlGA TlONS & MONITORING Figure 1 Location of APN 921-300-013 Illustrated on the Thomas GUide Map I I I I I I I I I I I I . . . . . . . , , . () fl.. S36, TIS, R3W & S1, T8S, R3W, of the Murrieta, Calif., USGS Quadrangle ............~ . . . . . . . . . . . . . Figure 2 Location of APN 921-300-013 Illustrated on a USGS Quadrangle Map ':fliomasLesfie Coryoration BIOLOGICAL & CUL TURAL INVESTlGA TlONS & MONITORING . . . . . . . . . . . . I I I I I I I B. Federal Critical Habitat Maps Analysis The Federal Coastal California Gnatcatcher (CAGN) designated (FWS, 2000), and proposed (FWS. 2003) Critical Habitat Maps and Federal designated Quino Checkerspot Butterfly (QCB) Critical Habitat (FWS, 2002a) maps were analyzed to determine whether APN 921-300-013 is located inside or outside designated or proposed critical CAGN habitat and designated critical QCB habitat. C. Stephen's Kangaroo Rat (SKR) Fee Area Map Analysis The Riverside County SKR Plan Area/Fee Area map (RCHCA, 2000) was analyzed to determine whether APN 921-300-013 is located inside or outside the SKR fee area. D. State Record Search Califomia Department of Fish and Game (CDFG) Natural Diversity Data Base (CNDDB) records search report, and velum overlay map for the 1953 (Photorevised 1979) Murrieta, Calif., USGS topographic 'quadrangle (CDFG, 2004a, b), were analyzed to determine if any sensitive biological elements (species and habitats) are recorded on APN 921-300-013. E. Tract Specific Riverside County Records Search Riverside County Geographic Information System (GIS) Full Report Format Print Out and Gnatcatcher Habitat, Q.C. Butterfly Habitat and Vegetation maps for APN 921-300-013 (GIS, 2004a, b, c, d), and MSHCP vegetation map for the Area Plan containing APN 921-300-013 (MSHCP, 2003), were analyzed to determine if any sensitive habitat, or plant or wildlife species are mapped onsite by the County. V. FIELD SURVEYS INVESTIGATIONS METHODOLOGY Five constraints analysis level and jurisdictional delineation field surveys have been performed onsite on May 28, July 23, 2004, February 19 and May 31, 2001 and October 3, 2000. The five surveys were performed by TLC 'biologists Thomas Leslie (B.S.-M.S. Biology) and Nadya V. Leslie (M.S. Biology), to accomplish the nine objectives listed below. The "Field Surveys RESULTS" portion, of this biological and jurisdictional investigations report, is divided into nine sections (A-I) corresponding to the nine objectives listed below. A. Identify the actual habitat types growing onsite, and compare them to those mapped onsite by the County's MSHCP and GIS Vegetation maps (MSHCP, 2003; GIS, 2004<1). B. Compile lists (inventories) of the predominant plant and wildlife species present and identifiable within the boundliries of APN 921-300-013 at the time the field surveys were performed. C. Determine the presence or absence of habitat potentially capable of supporting sensitive plant and wildlife species within the boundaries of APN 921-300-013. D. Search APN 921-300-013 for sensitive biological elementS (sensitive habitat and/or state or federally listed threatened or endangered species or species candidates for listing) present and identifiable at the time the constraints analysis field surveys were performed. E. Determine if any species-specific biological investigations (habitat snitability assessments field surveys) are required by the Riverside County MSHCP and Summary Parcel Number report. F. Describe any sensitive biological elements (species or habitat), observed onsite in Mayor July, 2004, February and May 2001 or October 2000, that were not recorded within the boundaries of APN 921-300-013 by the CNDDB (CDFG, 20048, b). G. Identify and preliminarily evaluate the significance of potential impacts to existing onsite sensitive biological resources related to future development of APN 921-300-013. H. Map, describe and quantify the jurisdictional elements (waters, wetlands and riparian habitat) present within the boundaries of APN 921-300-013. I. Make recommendations regarding the need to perform additional biological investigations. SD-073004-BCNJD 5 TLC I I VI. RESULTS OF THE 2004 PRE-FIELD SURVEYS INVESTIGATIONS . ! . A. Relationship of APN 921-300-013 to the County MSHCP A-I. MSHCP Area Plan Review of the MSHCP maps showed that APN 921-300-013 is located within Southwest Area Plan. A-2. MSHCP Criteria Area Review of Figure 3-31 (Vol. I, Part I of 2, page 3-451) of the MSHCP showed that APN 921-300-013 is located outside any MSHCP Criteria Areas. Thenifore, the development of the parcel will not conflict with, or be constrained by, conservation goals of the MSHCP. A-3. MSHCP Recommended Surveys According to the Appendix A MSHCP Summary Parcel Number report, for APN 921-300-013, a "habitat assessment should be required and should address at a minimum potential habitat" for the species listed on Summary Parcel Number report. "If potential habitat for these species is determined to be located on the property focused surveys may be required during the appropriate season." . As indicated by Summary Parcel Number report, the only required by the MSHCP survey for APN 921-300- 013 is a BUITowin2 Owl (BO) habitat suitability assessment. NOTE: The BO assessment was performed on May 28,2004. In addition, since the BO "occurs within the MSHCP Area Plan as a breeding and wintering resident" (MSHCP, pages B-69 and B-72), and "it is a resident in the open areas of the lowlands over much of the southern California region" including "Riverside County" (Zeiner et al., 1990; Garrett and Dunn 1981), a search was also made for BO individuals. The results of the BO investigations are discussed on page 11 of this report. A-4. MSHCP Conservation Goals Within the BoundarieS of the Property AE noted above, APN 921-300-013 is located outside any MSHCP Criteria Areas. Therefore, the development of the parcel would not conflict with, or be constrained by, conservation goals of the MSHCP. A-5. MSHCP Fee Area - Ordinance 810 As indicated in "MSHCP FEE Ord. 810" section of the GIS Full Report Format Print Out for APN 921-300-013, the parcel is located inside MSHCP Fee Area. That is, the fee must be paid, in accordance with Ordinance 810.2, "at the time a certificate of occupancy is issued for the residential unit or development project or upon final inspection, whichever occurs first" (County, 2003). As stated in Section 7 of Ordinance 810.2, "the following Fee shall be paid for each development project within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan Fee Area: Residential, density less than 8.0 dwelling units per acre/$1,651 per dwelling unit Residential, density between 8.1 and 14.0 dwelling units per acre/$1,057 per dwelling unit Residential, density greater than 14.1 dwelling units per acre/$859 per dwelling unit Commercial/$5,620 per acre Industrial/$5,620 per acre" (County, 2003). I I I I I I I I I I I I I NOTE: County Ordinance 810.2 is viewable online at hUp:/Iwww.dma.co.riverside.ca.uslordinances/ord810.2.html. I I The specific fee applying to APN 921-300-013 will be determined by the City of Temecula. B. Federal Critical Habitat Maps Analysis Results Analysis of the federal CAGN designated (FWS, 2000) and Proposed (FWS, 2003) Critical Habitat maps and federal designated QCB (FWS, 2002a) Critical Habitat maps showed that APN 921-300-013 is located outside designated critical QCB, and outside designated and proposed critical CAGN habitat. I SD-073004-BCAlJD 6 TLC I I I I I . . . . . . . . . C. Stephen's Kangaroo Rat (SKR) Fee Area Map Analysis Resnlts Analysis of the SKR Fee Area Boundary map (RCHCA, 2000) showed that APN 921-300-013 is located inside the $500.00 per acre SKR Fee Area. The specific fee applying to APN 921-300-013 will be determined by the City of Temecula. D. State Record Search Results Current CDFG CNDDB records search report and velum overlay map, for the 1953 (Photorevised 1979) Murrieta, Calif., USGS topographic quadrangle (CDFG, 2004a, b) were analyzed to determine what sensitive biological elements (species and habitats) are recorded within the boundaries of APN 921-300-013. The results of the analysis are summarized below in D-1, D-2 and D-3. D-1. Potential for Listed, or Unlisted but Sensitive, PLANT Species to Occur Onsite No listed or unlisted but sensitive plant species are recorded onsite by CNDDB. None were observed ousite in 2004,2001 or 2000 (TLC, 2001). . , D-2. Potential for Listed, or Unlisted but Sensitive WILDLIFE Species to Occur Onsite No listed or unlisted but sensitive wildlife species are recorded onsite by CNDDB. None were observed onsite in 2004,2001 or 2000 (TLC, 2001). . D-3. Potential for Sensitive Habitat Types to Occur Onsite No sensitive habitat types are recorded ousite by CNDDB. However, 1.4:1: acres of riparian Willow-Mulefat habitat was identified onsite growing along the unnamed tributary of Empire Creek, situated adjacent to the northern parcel boundary. Willow Scrub is identified as a CNDDB natural, native plant Community of Highest Inventory Priorities (C.H.I.P.). E. Property Specific Riverside County Records Search Resnlts Riverside County GIS Full Report Format Print Out and Gnatcatcher Habitat, Q.c. Butterfly Habitat and Vegetation maps for the property (GIS, 2004a, b, c, d), and MSHCP vegetation map for the Southwest Area Plan (MSHCP, 2003, page 3-451), were reviewed to determine if sensitive habitat or plant or wildlife species are mapped onsite by the County. E-l. Vegetational Types Mapped by Riverside County's GIS and MSHCP Maps The Riverside County GIS Vegetation map for the property, and Figure 3-31 of the MSHCP, both illustrate the following habitat types within the boundaries of APN 921-300-013: . "Coastal Sage Scrub" (MSHCP) called "Riversidean Sage Scrub" by the GIS. "Grassland" (MSHCP) called "Non-native Grassland" by the GIS. . . . "Developed, Disturbed Land"(MSHCP) called "Residential/Urban/Exotic" by the GIS. The veracity of County vegetational mapping was "field checked" during field surveys performed in 2004, 2001 and 2000. . . . . . E-2. Sensitive Species or Habitats Mapped Onsite by the County's GIS and MSHCP . No sensitive species are mapped onsite. However, sensitive habitat type (Riversidean Sage Scrub) is mapped onsite by the Couuty GIS. . Two habitat types known to support sensitive species in Riverside County are mapped onsite by the County GIS and MSHCP maps: Riversidean Sage Scrub and Non-native Grassland. SD-073004-BCNJD 7 TLC . I . . . . . . . . . . . . . . . . . VII. RESULTS OF THE 2004 FlEW SURVEYINVIi:STIGATIONS Using the results of the Pre-field Survey investigations, two BCA and jurisdictional delineation field surveys were performed in 2004. In addition, three surveys were performed in 2001 and 2000 (TLC, 20011. The two 2004 field surveys were performed onsite, to "field check" the data obtained during the Pre-Field Survey investigations and accomplish the nine objectives outlined in Section IV (page 5), of this report. A summary of the results of the two 2004 Field Survey investigations are presented in the following nine sections. When appropriate, data from TLC's two 200 I field surveys and TLC's one 2000 field survey were incorporated into the 2004 BCA report. A. Habitat Types Identified Onsite Compared to Those Mapped by Riverside County's Vegetation Maps A-I. County Mapped Vegetation Types As described above, and as illustrated on Figure 3-31 of the MSHCP, the following vegetational types mapped within the boundaries of APN 921-300-013: . "Coastal Sage Scrub" (MSHCP) called "Riversidean Sage Scrub" by the GIS. . . "Grassland" (MSHCP) called "Non-native Grassland" by the GIS. . "Developed, Disturbed Land" (MSHCP) called "ResidentiallUrbanlExotic" by the GIS. A-2. Habitat Types ACTUALLY Field Identified Onsite in 2004 During the 2004 field surveys it was determined that the county vegetation mapping is inaccurate. The most notable differences are described below. The eight Appendix B Photo Plates provide representative views of the three vegetation types observed on APN 921-300-013 during the 2004 biological and jurisdictional investigations field sUrveys. Figure 3 illustrates the approximate boundaries of habitat. types actually field identified onsite in 2004. The following discrepancies were noted between County vegetation map and the vegetational cover of the property identified onsite on May 28, 2004. . No Riversidean Sage Scrub habitat actually occurs onsite. The majority of the area, mapped by the county as Riversidean Sage Scrub. is actually Willow-Mulefat Scrub riparian habitat (Photo Plate Nos. la, Ib, Za, 3a, 3b, 4a, Sa, 630 7a, 7b and 7c). . c. The area mapped by the County as Non-native Grassland (NNG) is actually a mosaic of Buckwheat Scrub (BS) and disked ResidentiallUrbanlExotic (RUE) areas supporting sparse to moderate growth of "weedy" grasses and herbs (Photo Plate Nos.la, Ib, 7a, 7b, 7c, 8a and 8b). . In 2004, areas mapped as Residential/UrbanlExotic were more extensive than mapped by the County. NOTE: Disking of firebreaks onsite sometime between May 28 and July 23, 2004 reduced the patch sizes of BS and RUE. It is our understanding that firebreak disking was performed in response to a Notice to Abate - Parcel Number 921300013 from the City of Temecula (City, Undated). As illustrated on Figure 3, the following habitat types and vegetational associations were identified onsite: . 1.359 acres of Willow-Mulefat Scrub riparian habitat, dominated by Mule Fat (Baccharis salicifolia), Red Willow (Salix /aevigata), Gooding's Black Willow (Salix gooddingii) and Freemont Cottonwood (Populus fremontil). . 6.042 acres of Buckwheat Scrub habitat, dominated by California Buckwheat (Eriogonumfasciculatum). . 12.499 acres of ResidentiallUrbanlExotic non-habitat vegetational association dominated by Tocalote (Centaurea melitensis), Short-pod Mustard (Hirschfeldia indana), Red-stemmed Filaree (Erodium cicutarium). SD-073004-BCAlJD 8 TLC I I I I I I I . . . . . - . I I I I I _ as = Buckvvfleat Scrub (6.042t AC) _ WMF = Willow-Mulefat Scrub (1.359:t AC) m!!!I RUE = ResidentiaVUrbanlExotic (12:499% AC) Map Source: Riverside County GIS Aerial Photograph of APN 921-300-013 .-. ~..~ ...... . . . . . . , . . Thomas. LesUe Cory oration BIOLOGICAL & CUL rURAL INVESTlGA TlONS & MONITORING Figure 3 Vegetational Map for Assessor's Parcel No. 921-300-013 I I I I I I I I I I I I I I I I I . . B. Predominant Plant and Wildlife Species B-1. Predominant Plant Species of APN 921"300-013 The Appendix C Floral Compendium (FC) provides an inventory of plant species identified onsite during field surveys performed on May 28 and July 23, 2004. It also includes species identified in 2001 and 2000. The FC was compiled to (a) inventory onsite botanical resources and (b) determine the presence or absence of sensitive plant species identifiable, within the boundaries of APN 921-300-013, at the time the surveys were performed. It only lists those plant species actually observed within the boundaries of APN 921-300-013 in 2004, 2001 and 2000. It does not include a list of "expected but not observed" species. The FC is not intended to be an all inclusive list because some species growing onsite may have been undetectable or overlooked during the field surveys because they were not obviously present, visible or identifiable (e.g., had not germinated, were not flowering, had not developed or had lost the morphological structures necessary for identification to species at this time of the year, etc.). An analysis of the FC showed the following: . Ninety (90) plant species were identified onsite between October 3, 2000 and July 23, 2004. . The 90 plant species identified onsite are locally common species typically associated with WiIlow-Mulefat Riparian Scrub and Buckwheat Scrub habitat types and ResidentiallUrbanlExotic non-habitat vegetational associations of Temecula, California. Forty-one (41) non-native plant types have been identified within the boundaries of APN 921-300-013. This represents 45.6% (41/90) of the 90 plant types identified onsite. Natural habitats of Western Riverside County, including Temecula, usually contain ~ than 25% of non-native plant species. High percentages of non- natives are indicative of highly disturbed properties like APN 921-300-013. No listed or unlisted but sensitive plant species were identified during two focused botanical field surveys performed onsite in May and July 2004, two field surveys in February and May 2001 and October 2000 field survey (TLC,2oo1). B-2. Predominant Wildlife Species of APN 921-300-013 The Appendix D Wildlife Compendium (WC) provides a preliminary inventory of wildlife species identified onsite on during field surveys performed on May 28 and July 23, 2004. The WC was compiled to (a) inventory onsite faunal resources and (b) determine the presence or absence of sensitive wildlife species identifiable, within the boundaries of APN 921-300-013, at the time the surveys were performed. It only lists those wildlife species actually observed within the boundaries of APN 921-300-013 on May 28 and July 23,2004. It does not include a list of "expected but not observed" species. The WC is not intended to be an all inclusive list because some species utilizing the property may have been undetectable or overlooked during the field surveys because they were not obviously present, visible or identifiable (e.g., were secreted in subterranean boroughs, are nocturnal, were foraging off-site during the surveys, etc.). . . An analysis of the WC showed the following: . Fourteen (14) wildlife species were identified within the boundaries of the property on May 28 and July 23, 2004. . The wildlife species identified within the boundaries of APN 921-300-013, were locally common species characteristically associated with WilIow-Mulefat Riparian Scrub and Buckwheat Scrub habitat types and ResidentiallUrbanlExotic non-habitat vegetational associations of Temecula, California. . No Burrowing Owl individuals were observed onsite in 2004. None were identified onsite in 2001 or 2000 (TLC, 2001). . . No listed or unlisted but sensitive wildlife species were identified during two focused wildlife surveys performed onsite in May and July 2004, two field surveys in February and May 2001 and October 2000 field survey (TLC, 2001). SD-073004-BCAlJD 10 TLC . . . . . . . . . . . . . . . . . . . C. Determine the Presence or Absence of Habitat Potentially Capable of Supporting Sensitive Plant and Wildlife Species Onsite Onsite Buckwheat Scmb and riparian habitat might provide suitable habitat for sensitive species. However, no sensitive species were observed during five surveys performed during three different years: two in 2004, two in 2001 and one in 2000 (TLC, 2001). D. Search the Property for Sensitive Species No listed or unlisted but sensitive plant or wildlife species were observed onsite during five surveys perfonned onsite in 2004, 2001 and 2000. None are recorded onsite by the CNDDB (CDFG, 2004a, b). The City of Temecula (1999) GIS map, identifying Potential Environmentally Sensitive Habitat Area within the City, and its sphere of influences, indicates APN 921-300-013 is in an "area where a habitat assessment for the Quino Checkerspot Butterfly (QCB) and the California Gnatcatcher (CAGN) is recommended." However, no QCB orCAGN studies are required by the MSHCP. Therefore, since the City is signatory to the MSHCP, no additional studies are necessary for either species because both the QCB and the CAGN are "covered" by the incidental take pennits of the MSHCP. E. Determine the Need to Perform Biological Investigations Required by MSHCP Summary Parcel Number Reports for APN 921-300-013 As identified, by the Summary Parcel Number report for APN 921-300-013 the only habitat suitability assessment sUrveys REQUIRED by the MSHCP is a Burrowin~ Owl habitat suitability .assessment (BO-HSA). The BO-HSA was. perfonned on May 28, 2004. In addition, since the BO is a year-round resident in Riverside County, a search for BO individuals was also conducted. FINDINGS OF THE BO-HSA: . No suitable primary or secondary BO habitat ("grassland" or "agricultural land") was identified onsite during the May 28, 2004 field survey. No BO individuals were observed onsite on May 28 or July 23, 2004. No additional surveys are necessary. None are recommended. . . F. Ascertain the Presence of Sensitive Biological Elements (Plant or Wildlife. Species or Habitat) not Recorded by CDFG CNDDB and Riverside County GIS Records No sensitive plant or wildlife species, not recorded by CDFG CNDDB records, were observed onsite during May 28 audIuly 23 2004 surveys or in 2001 or 2000 (TLC, 2001). . G. Identify and Evaluate the Significance of Potential Impacts to Existing Onsite Sensitive . Biological Resources (Habitat and Plant and Wildlife Species) Related to Implementation of Land Use Plan Proposed by the Property Development of APN 921-300-013 will not result in significant impacts to listed or unlisted but sensitive plant and wildlife species becaus~ none have been observed onsite during five surveys performed during three different years. H. The incidental take of 146 sensitive species of the County and City of Temecula, and/or removal of unoccupied but potentially suitable habitat for them is authorized and mitigated by the MSHCP. Map, Describe and Quantify the Jnrisdictional Elements (Waters, Wetlands and Riparian Habitat) Present Within the Boundaries of APN 921-300-013 Four linear jurisdictional features are present within the boundaries of APN 921-300-013 (see Figure 4). The following jurisdictional elements listed on page 13 were delineated along the four linear jurisdictional features. Table 1 provides a detailed summary of the jurisdictional elements delineated onsite and locations and quantities of impacts related to construction of seven pad sites and preservation areas. NOTE: . SD-073004-BCAIJD 11 TLC I I I I I I I I I I I I I I I I I I I . /. -.>:';~~ . , --./'~/\~ /.-'.;.' \'- .' n~a!!l~~& >., 6\.\"X;:-.:}f> /;; Y,\ .... . \. ;F~;;\' , '\:~. ' --..... ........,,- .. .. ..~TriblitjiiyC ' -. ' ...;n_'" /''':n1b$trY-,a- I . . . '. . $ rad,ing, / \ Area "', :.,';:JribU~1)' A i W~f~~raimtge .,:- , .~;.: : I . ::,'-'; ',:. 'i::: r:-" \}.'; ,.. "~. ',}i -~\I{.'.' \" .,.\, STP-1 = Location of Wetland Delineation Sample Test Plot Nos. 1, 2 and 3. D = Area not being disturbed during grading activities. M-1, A-1, a-1, C-1 = Areas where delineation measurements were made. ............. . . . . . .. . Figure 4 Jurisdictional Delineation Map for APN 921-300-013 rfiomas .Les(ie Coryoration BIOLOGICAL & CULTURAL INVESTlGA TlONS & MONITORING . . . . I I I I I I I I I I I I I I I I I I I Main Drainage: (1) 0.323:1: acres of jurisdictional intermittent waters of the state and 0.175:1: acres of jurisdictional intermittent waters of the US. (2) 0.060:1: acres of wetlands. (3) 1.359:1: acres of riparian habitat Tributaries (no riparian habitat. no wetlands): T-A: 0.024:1: AC of ephemeral waters of state and 0.008:1: AC of ephemeral waters of the US. T-B: 0.031:1: AC of ephemeral waters of state and 0.008:1: AC of ephemeral waters of the US. T-C: 0.053:1: AC of ephemeral waters of state and 0.014:1:AC of ephemeral waters of the US. 0.1 08:1: AC total 0.030:1: AC total . Construction of seven proposed building pads will involve the following: Construction of seven proposed building pads will involve the following: (1) Filling of 0.080:1: acres of ephemeral waters of the state and 0.022:1: acres of ephemeral waters of the US at the southerly ends of Tributaries A, B and C. Non-notifying US Army Corps of Engineers' Nationwide Permit 39 (NWP-39) can be used to authorize impacts to waters of the US at the southerly ends of Tributaries A, B and C. Use of NWP-39 requires pre-grading procurement of the following state permits: a California Department of Fish and Game Streambed Alteration Agreement (1602) and a Regional Water Quality Control Board 401 permit. (2) Preservation of the following jurisdictional elements: Main Draina~e: 1.359:1: acres of riparian habitat, 0.323:1: acres of intermittent waters of the state, 0.060:1: acres of wetlands and 0.175:1: acres of intermittent jurisdictional waters of the US. Tributaries: 0.028:1: acres of ephemeral jurisdictional waters of state and 0.008:1: acres of ephemeral jurisdictional waters of the US at the northerly ends of Tributaries A, Band C. If impacts are ever proposed, an Individual US Army Corps of Engineers 404 permit and stat 1602 and 401 would be required. . Table 1: Summary of Jurisdictional Elements of APN 921-300-013 CDFG Jurisdiction in Acres COE Jurisdiction in Acres Linear Average Average Area to Jurisdictional Length CDFG Area to Area to Feature (see in Feet Width . COE Width Area to be be be Figure 4) in Feet in Feet Total be Preserve Total Impacted Preserve Impacted d d Main 962.5 61.5 7.9 1.359 0.000 1.359 0.175 0.000 0.175 Drainage (M) Tributary A 160.0 6.4 2.3 0.024 0.017 0.007 0.008 0.006 0.002 Tributary B 266.0 5.1 1.3 0.031 0.023 0.008 0.008 0.006 0.002 Tributary C 375.0 6.2 1.6 0.053 0.040 0.013 0.014 0.010 0.004 JURISDICTION TOTALS: 1.467 0.080 1.387 0.205 0.022 0.183 SD-073004-BCAlJD 13 TLC I I I I I I I . . . . . , . I. . . . . . I. The Need for Additional Biological or Jnrisdictional Investigations Biological Investigations: . No additional biological investigations are necessary if development occurs prior to July 23, 2005. None are recommended. However, since the results of biological investigations are only valid for one year, follow-up biological studies would be required if the property remains undeveloped on July 23, 2005. Jurisdictional Investigations: . US Army Corps of Engineers non-notifying Nation Wide Permit # 39 (NWP-39) can be used to authorize impacts to 0.022:1: acres of non-wetland ephemeral waters of the US and associated upland (non-wetland) habitat of Tributaries A, B and C. However, use of NWP-39 requires procurement of a California Department of Fish and Game .1602 Streambed Alteration Agreement and a Water Quality Control Board 401 permit prior to initiation of grading activities. . The results of jurisdictional delineation are valid for one year. Please call if you have any questions regarding this report. Respectfully Submitted, ~~ZQ~~RATION Thomas A. ~lie President/B.S:-M.S. Biology TAUnvl SD-073004-BCAlJD 14 TLC I I I I I I I I I I I I I I . . . . . REFERENCES CITED AND NOT CITED BUT RELEVANT California Department of Fish and Game (CDFG), April 29, 2004a, Natural Diversity Data Base (CNDDB) Rare Find Record Search Results for the 1953 (Photorevised 1979) Murrieta, Calif., USGS 7.5 Minute Topographic Quadrangle. California Department of Fish and Game (CDFG), April 29, 2004b, Natural Diversity Data Base (CNDDB) Quadrangle Velum Overlay No. 33117E2 for the 1953 (Photorevised 1979) Murrieta, Calif. USGS 7.5 Minute Topographic Quadrangle. California Native Plant Society (CNPS), August 2001, Inventory of Rare and Endangered Plants of California, 61h edition. City of Temecula, Undated (2004?), Notice to Abate - Parcel Number 921300013. City of Temecula Geographical Information System (T -GIS), May 12, 1<<;199, Map: Potential Environmentally Sensitive Habitat Area, City ofTemecula, California. County of Riverside, Transportation and Land Management Agency, June 17, 2003, Final Multiple Species Habitat Conservation Plan (MSHCP). County of Riverside, 2003, ,ordinance No. 810.2, An Ordinance of the County of Riverside Amending Ordinance No. 810 to Establish the Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee (http://www.tlma.co.riverside.ca.us/ordinances/ord810.2.html). Garrett, K. and J. Dunn, 1981, Birds of Southern California: Status and Distribution, Los Angeles Audubon Society. 407 pp. Hickman, lC. Ed, 1996; The Jepson Manual: Higher Plants of California, University of California Press, Ltd., Berkeley and Los Angeles, California. Holland, R.F., 1986, Preliminary Descriptions of the Terrestrial Natural Communities of California, State of California the Resources Agency Department of Fish and Game. '\ Knecht, A., 1971, Soil Surveys of Western Riverside Area, California. RBF Consulting, 2004, 1 Inch = 50 Feet Scitle Map of APN 921-300-013 (grading plan and topographic contours map). Riverside County Geographic Information System (GIS), July 20, 2004a; Full Report Format Print Out For APN 921-300-01;. Riverside County Geographical Information System (GIS), July 20, 2004b, Gnatcatcher Habitat map For APN 921-300-013. Riverside County Geographic Information System (GIS), July 20, 2004c, Q. C. Butterfly Habitat map For APN 921-300-013. Riverside County Geographic Information System (GIS), July 20, 2004<1, Vegetation Map For APN 921- 300-013. SD-073004-BCAlJD 15 TLC I I I I I I I I I I I . . I I I I I I Riverside County Habitat Conservation Agency (RCHCA), March 23, 2000, Map: Plan Areas - Core Reserves (Identifies Plan Area/Free Area Boundary Per Ordinance No. 663.10 for the Stephens' Kangaroo Rat). Sawyer, 1., And T. Keeler-Wolf, 1995, A Manual of California Vegetation, California Native Plant Society. Stebbins, R., 1985, A Field Guide to Western Reptiles and Amphibians, Houghton Mifflin Company. Thomas Guide 2004 San Bernardino and Riverside Counties Street Guide and Directory, Detail Map Page 958, Map Coordinates H-5, J-5, H-6 and J-6. Thomas Leslie Corporation (TLC), July 17, 2001, Results of A Biological Constraints Analysis of Lot 12 of Tract No. 3334 (APN 921-300-013). United States Department of the Interior Fish and Wildlife Service, Carlsbad, California, May 1, 2003, Coastal California Gnatcatcher Proposed Critical Habitat. United States Department of the Interior Fish and Wildlife Service, Carlsbad, California, October 18, 2000, Coastal California Gnatcatcher(designated) Critical Habitat. United States Department of the Interior Fish and Wildlife Service, April 15, 2002, Quino Checkerspot Butterfly Critical Habitat Map. United States Department of the Interior Geological Surveys, 1953 (Photorevised 1979), State of California Department of Water Resources, Murrieta, Calif., 7.5 Minute Series (Quadrangle topographic), Scale 1:24,000. Zeiner, D. c., W., F. Laudenslayer, Jr., K. E. Mayer, M. White, Editors, 1990, California's Wildlife. SD-073004-BCAlJD 16 TLC APPENDIX A c . .. Summary Parcel Number Report l~ FOR ASSESSOR'S PARCEL NO. 921-300-013 TEMECULA, CALIFORNIA I I, \ I . . M M M ~ . . . . . . . . . . . . Summary Parcel Number: 921300013 Riverside County Integrated Project (RCIP) Proposed Multiple Species Habitat Conservation Plan (MSHCP) Online Custom Reporting The selected Parcells not located within a proposed criteria area. Habitat Assessments Habitat Assessment shall be required and should address at a minimum potential habitat for the following species: Burrowing Owl Burrowing owl If potential habitat for these species is determined to be located on the property focused surveys may be required during the appropriate season. Project Status Riverside County is nearing the end of a comprehensive planning effort called the Riverside County Integrated Project (RCIP). RCIP integrates three regional planning efforts; a County General Plan, a Community and Environmental Transportation Acceptability Process to detennine present and future road-way infrastructure; and a Multiple Species Habitat Conservation Plan (MSHCP) to conserve listed !!nd sensitive species and their habitats. The final MSHCP was approved by the County Board of Supervisors on June 17, 2003. The MSHCP is a comprehensive, multi-jurisdictional effort that includes portions of Western Riverside County and fourteen cities. Rather than deal With endangered species on a one-by-one basis, this Plan focuses on the conservation of 146 species. The MSHCP proposes a reserve system of approximately 500,000 acres of which approximately 347,000 acres is currently within public ownership and 153,000 acres are currently in private ownership. An approved MSHCP will contribute to the economic viability of the region by providing landowners, developers, and those who build public infrastructure with certainty, a streamlined regulatory process, and identified project mitigation. Although the MSHCP has been adopted by the County, federal and state permits have not yet been issued. Once the pennits are granted, the MSHCP, will require no further surveys for 75% of ttle 146 species covered by the MSHCP. Habitat assessments and/or surveys may be undertaken within suitable habitat areas in specific More infonnation concerning RCIP, the MSHCP, and processing schedules may be obtained from www.rcip.org or by contacting the following: North County contact: Julie Greene, 909-955-4641 South County contact: Shelly Dayman, 909-600-6465 APPENDIX B I: \ I PHOTO PLATE NOS. 1-8 FOR ASSESSOR'S PARCEL NO. 921-300-013 TEMECULA, CALIFORNIA PHOTO PLATE NO.1 la. As the Figure 3 Vegetation Map illustrates, three vegetation types occur on APN 921-300-130. This northeasterly view of the parcel shows portions of each of the three vegetational types:(I) Willow-Mulefat (WMF) riparian habitat (this photograph shows the portion of WMF situated in. the northeasterly parcel boundary), (2) highly disturbed disked and undisked portions of the Residential/Urban/Exotic (RUE) Disturbed vegetational associations and (3) disturbed patches of Buckwheat Scrub (BS) habitat lb. This photograph shows the remainder of the Willow-Mulefat (WMF) habitat situated in the northwestern corner of the parcel. . I I . . . . . . . . . . . . . . . I I 2a. 2b. PHOTO PLATE NO.2 The tape measure visible in this photograph documents the conditions of jurisdictional delineation measurement site M-l (see Figure 4). As illustrated on Figure 4, delineation measurements were made at fifteen (15) sites: six sites along the main drainage (M-l through M-6), and three each at tributaries A, B and C. Wetland delineation Sample Test Plot # 1 (STP-l) was performed at the point visible in this photograph. No soil test pit was excavated at STP-l because the dry light sandy soils at this sample point lacked wetland hydrology and hydric soils. A copy of the Routine Wetland Determination Data Form for STP-l, documenting the absence of a wetland at STP-l, is provided in Appendix E. I I I I I I I I I I I I I I I I I I 3a. 3b. PHOTO PLATE NO.3 Jurisdictional measurement site M-2 (see Figure 4). Jurisdictional.measurement site M-3 (see Figure 4). I I I I I I I I I I I I 4a. 4b. PHOTO PLATE NO.4 Close-up view of a representative portion. of the deeply incised intermittent "main drainage" that passes across the northerly portion of APN 921-300-013. Running water was observed at a number of places along the "main drainage". This drainage is an unnamed tributary of Empire Creek. No flowing water was observed in Tributaries A. B and C. Jurisdictional delineation measurement point M-4 (see Figure 4). Wetland delineation Sample Test Plot # 2 (STP-2) was performed at this point. No soil test pit was excavated because standing water, evidencing the presence of wetland hydrology, was present at STP-2 on May 28. 2004. A copy of the Routine Wetland Determination Data Form for STP-2 is provided in Appendix E. I I I I I I I I I I I .' Sa. Sb. PHOTO PLATE NO.5 Close-up view of a portion of the Willow-Mulefat Scrub habitat bordering the "main" drainage (see Figure 4). An inactive raptor nest is visible in one of the onsite Gooding's Black Willow (Sa/ix gooddingii) tree. Jurisdictional delineation measurement site M-5 is located here (see Figure 4). Wetland delineation Sample Test Plot # 3 (STP-3) was performed at this site. No soil test pit was excavated because the presence of saturated soils identified the presence of hydric soils and a wetland at STP-3 on May 28 and July 23, 2004. , " I ~ .' \~ ,rll. ;""#1,. .,)\..".......:~' 1 l,/!'-,1. ""I,".;.~,,',:i'~}"M. .r~_'J '., .,..','.....rl'~"I'.~~'. i'l~ '..,'Il;': :":::'''~,It...:;" 1,#,.."... (~I) ~ ,,1 J. ~,,,,,. I,' '.. 'j" I ", ; ',., .'" '.. "'/f"" ..,.~.~ ~,~'. .:; " ",'j /?\ ~t""'n~','" ~..~~':~ oj '~'~iA';'l.'~; ~l'I '.'~. 1};:~:::,'+/:.'.'!o,'f'J:~;'lf'''i" ," ~ \l, t '.. , \'''1;' "(;~l 'l,\.~.. .... ~r /. ~', .::~. ,4 .:'~ ... J'.".., l~!' .( ..'li,;','.,.,.''!, ""\" o~ ,.lJ .... .,,'. ,."l"t,.,.to '-'l","r" . .;'(.} .- .,ll .,"',l ".' I' '{,-,,:"''''.., .~ .jl'l 'I"'!'~"" '. \' " .:,' '.,Ii>, I:l j.' .,~:,'.4 '..*,~, ~ "t '~:.. ,\...;,~t .~l(.'::'':''. J~,~'<:'~;'::"':',,:" ;;:.:','fjl\< ,<II ~,~ .. ' !.,,,t',,.!.N:!,I"'" ,..'.j' " "\"~' " ,.\ ~,."'" ~.;f.!I' \.'" . ','~1i.{"~j, .~"ft(f It,.". '., '<I~': ,,"I,', ;)" .,' . ,.,',EI. :,),,,,<r,.'dilf!', (""1" r",;; 'r~'~,.. /'. 'I_'tr.!.'~ ,~,' 'Ii,'g(';" ~!IIr': , r,...., ...... . .':.: J.., , 1,1' .:' ;',-;, ','" '. ~.~.:. 'r.l,";f."~ ....14 it~.. l'f'':''I.,,",.: "il,' ;\~; I,,: .;".U~~ '" '; ,. :', ., r.lI' j" eo. .. , . '.pI . "~!,7. C" . 'J~"~ ~'" ~., i,,,,... \ ,. '~\" ,,~':'" "~},.4t."".\,:,,,:"..' ,.'..,\ .;... '!"'~.,,'" '_' '.\i ."h':'\" ;t.~~..~'; ~'4'" :~,... ;!(,'_".,' ,.~""i'r.;,f ''-. - "_','~~::el\.,\.,,,,,.: ..X'" t ~{;".'.' '''-''''. "",:."!.,,,' ,~, " -J('\i,il1""," .~...~\".:t'r,-'.,"'{-:' ~-. ..,..,(....,\: "".lr~,' .X'.... . .'. .~l~.~. tf,'. .,',{.' !"., .', '/lh~~ J "0 "". '\}\:i...:., ,ll~ "'.~''!f...\';'~" ./" -',/, ~t~' ... ~L, r}"...,~!,'~~';,.J.;. ~~',;~,. . ';"':'.;~:' .' "'~:~-":' .; " :,\, .:i< '~'~,'~~~:-,:-~!~;!JI, . .' ,!.- ,i,' ~,;:.<\~>'~'~: ;~~'.,,?~:.~ \ ,,~ . . .,J .\...~t'~~ ," '''',:':,v" .,' ., .I" ';'11\...",11.\.,)"', ~,', ., . I' ; ;. i'l ..~jj,\. ".; -' '\ "', ., '" .~:r~.J:~itI ' ,J' . ":'- ,'", ../ \.,' ,,'.. ~ ,\ i ,""','~ _ 'l...~~,~ f'~"'-:"\(' , ." ,~, .' " "" '. (!,'<',"".;' .'\::' ,~:;~(\!,,' ", : ,;"",.".' ,',' 'to , ". '" . :.. ~" :~:>:;:,r:' ,:'::: \!';.~ ;/:I~,,,( .:'<;': ;?t)~;~.~:;:, ~'\":_~"I>): ~....~.t,\.:,...."" ',', "'" '-.;" .."";" . -Ill" " '.'!,'(:'~'",_',""',':,.,,., ,".'If ,'i,.., :"-" h,., I -', ",. .' . '. _ ~ :'" ' ~*," \ ,:~"', ~1~.', .'".'~:', :~:r~-,;;-', ". 1". .,'~.' ", \ , . ~,' I , ~. .. '\ , '''''.. ~ 'i "it';., ~,~:; ..." . . :r:'4vi.,. ' ,..... \.. '. "1' ',' .... ,I., .f"': ~I! 0 'I:' ~. '11:"";'> ' 'At. ,.;, :l~'{: ',.;~ ;" ,.... , '" , . ,~ I /V.:c, ~-:, J \' ~', . , OJ', "'-', 'I' ....~" :d'~./',,:,. >. '. 'j,I:" ~. \!l I.: ; .--'~- " - :"'/1, ." d. (' . ~I ." ~', ' ',1 ,~. "'>':.',,', ,',I' , ,';' , ,l". :;':/ , ,.,.;~:, . . Close-up view of a raptor nest observed on APN 921-300-013 at jurisdictional delineation measurement site M-5 (see Figure 4). No activity was observed at, or around, the apparently inactive nest. I I I I I I I I I I I I I I I I I I I I PHOTO PLATE NO.6 Jurisdictional delineation measurement site M-6 (dotted line). The Willow- Mulefat (WMF) habitat visible in this photograph grows along the "main" drainage illustrated on Figure 4. I I I I iI iI . . . 7a. . . . . . . . . 7b. . . PHOTO PLATE NO. 7-1 Westerly view of the 160:1: foot long Tributary A (f -A). Upland plant species, lacking wetland indicator status grow within and along the entire tributary. Three delineation measurements, A-I, A-2 and A-3, were made along this tributary. Implementation of the project proposed for APN 921-300-013 would result in the filling of most of the southeastern end of T -A (see Table 2). Westerly view of the 266:1: foot long Tributary B (T -B). Upland plant species, lacking wetland indicator status grow within and along the entire tributary. Three delineation measurements, B-1, B-2 and B-3, were made along this tributary. Implementation of the project proposed forAPN 921-300-013 would result in the filling of most of the southeastern end of T -B (see Table 2). PHOTO PLATE NO. 7-2 7c. Westerly view of the 375:1: foot long Tributary C (T -C). Upland plant species, lacking wetland indicator status grow within and along the entire tributary. Three delineation measurements, C-l, C-2 and C-3, were made along this tributary. Implementation of the project proposed for APN 921-300-013 would result in the filling !Jf most of the southeastern end of T -C (see Table 2). PHOTO PLATE NO.8 8a. Easterly view, of the disturbed Buckwheat Scrub (BS) habitat covered south facing slopes of APN 921-300-013 situated along the southern parcel boundary. ResidentiallUrbanJExotic (RUE) non-habitat non-native landscaping plants grow along the southerly facing "toe" of the BS covered slopes. The landscape trees visible on this photograph are Sweet Gum (Liquidambar styraciflua). '- 8b. Easterly view of highly disturbed RUE portion of parcel. The trees in the background are eucalyptus (Eucs). The dark brown plants at the sides of this picture are California Buckwheat (Eriogonum fasciculatum;Ef), the plant dominant of BS habitat. The yellow flowered weeds in the central of the photograph are the non- native Short-pod Mustard (Hirschfeldia incana). I I . I I I I APPENDIX C I I I I I I I I I I I I I 2004 FLORAL COMPENDIUM , FOR ASSESSOR'S PARCEL NO. 921-300-013 TEMECULA, CALIFORNIA I I I I I I I I I I ~ ~... Occurrence ~.n Flowering By Onsite Ol~ Z II SOENTlFIC NAMES COMMON NAMES (90) in May IInd . Vegetation == July 2004 ~~ Area ~ DIVISION ANTHOPHYTA FLOWERING PLANTS FAMILY ANACARDIACEAE SUMAC FAMILY X Schinus terebinthifolius. Brazilian Pepper Tree -- - RUE . FAMILY APIACEAE CARROT FAMILY Daucus pus ilium Rattlesnake Weed -- - RUE FAMILY APOCYNACEAE DOGBANE FAMILY X Vinca major Greater Periwinkle --- RUE FAMILY ASTERACEAE SUNFLOWER FAMILY Ambrosia acanthicarpa Annual Bur-Sage -- - WMFjRUE Ambrosia psilostachya Western Ragweed -- - WMFjRUE Artemisia dracunculus Tarragon --- WMF Baecharis salicifolia Mulefat --- WMFjRUE X . Centaurea melitensis Tocalote F WMFjRUE Conyza canadensis Horseweed -- - WMF Encl!lia farinosa Brittlebush - -- RUE Ericameria sp. Goldenbush - -- BS Filago californica California Filago -- - WMFjRUE .. Gnaphalium californicum California Everlasting - -- WMFjRUE X Gnaphalium luteo-album Cudweed -- . WMFjRUE Helianthus annuus Common Sunflower - -- WMF Hemizonia paniculata San Diego Tarplant - -- WMFjRUE Heterotheca graildiflora Telegraph Weed F WMFjRUE X . Sonchus oleraceus Common Sow Thistle F WMFjRUE Stephanomeria virgata Wand Chicory - -- RUE Uropappus lindleyi Silver Puffs - -- RUE Xanthium strumarium Cocklebur - -- WMF FAMILY BORAGINACEAE BORAGE FAMILY . Amsinckia eastwoodiae Common Fiddleneck RUE - .. Heliotropium curassavicum Wild Heliotrope F RUEjWMF Plagiobothrys nothofulvus Rusty Popcorn Aower -- - RUE I I ~ Occurrence ~\O Flowering ~..n By Onsite ....... SCIENTIFIC NAMES COMMON NAMES (90) in May and ~ II Vegetation == July 200~ 0,", Area z;:; .... FAMILY BRASSICACEAE MUSTARD FAMILY X Hirschfeldia incana Short-pod Mustard F WMFjRUE X Lobularia maritima Sweet Alyssum . -- RUE FAMILY CAPRIFOLlACEAE HONEYSUCKLE FAMILY X Lonicera japonica . Japanese Honeysuckle F WMF Sambucus mexicana Blue Elderberry -- - RUE FAMILYCARYOPHYLLACEAE PINK FAMILY X Silene gallica Windmill Pink -- - RUE -'- FAMILY CHENOPODlACEAE GOOSEFOOT FAMILY . X Chenopodium album Pigweed - -- RUE X Salsola tragus Russian Thistle -- - RUE -'- FAMILY CUCURBITACEAE GOURD F AMIL Y . Cucurbita foetidissima CaIabazilla - -- RUE Cucurbita palmata Coyote Melon - -- RUE , FAMILY EUPHORBIACEAE SPURGE FAMILY Chamaesyce albomarginata Rattlesnake Weed -- . WMFjRUE EremocarpUs setigerus Dove Weed -. - RUE Euphorbia sp. Spurge . -. RUE FAMILY FABACEAE LEGUME FAMILY Lotus purshianus Spanish Clover F RUE . Lotus scoparius California Broom - -- RUE Lotus strigosus Strigose Lotus - -- RUE , Lupinus bieolor Miniature Lupine RUE - -- X Medicago polymorpha California Burclover -- . WMF X Melilotus indica Sweetclover --- RUE FAMILY FLACOURTIACEAE FLACOURTIA FAMILY X Xylosma congestum Compact Xylosma -- - RUE I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ., ti! ~ \C Occurrence " ~ Flowering By Onslte Z II SCIENTIFIC NAMES COMMON NAMES (90) In May and Vegetation = = July 2004 ~ ~ Area ., FAMILY GERANIACEAE GERANIUM FAMILY X Erodium botrys Long-beak Filaree F RUE X Erodium cicutarium Red-stemmed Filaree F WMF;RUE;B S FAMILY HAMAMELIDACEAE WITCH.HAZEL FAMILY X Liquidambar styraciflua Uquidambar .. . RUE FAMILY LAMIACEAE MINT FAMILY X Marrubium vulgare Horehound F RUE Trichostema lanceolatum Vinegar Weed ..". .. RUE FAMILY MYRTACEAE MYRTLE FAMILY X Eucalyptus amydalina Peppermint Gum - .. RUE X Eucalyptus polyanthemos Silver Dollar Gum . -- RUE FAMILY ONAGRACEAE EVENING PRIMROSE FAMILY Clarkia purpurea Purple Clarida . .. WMF;RUE Epilobuim ciliatum Willow Herb - .. WMF;RUE FAMILYPAPAVERACEAE POPPY FAMILY Eschscholzia cali/ornica California Poppy F RUE FAMILYPLANTAGINACEAE PLANTAIN FAMILY Plantago erecta Dwarf Plantain . -- BS X Plantago major Common Plantain .. . WMF FAMILYPOLYGONACEAE BUCKWHEAT FAMILY Eriogonum fasciculatum California Buckwheat F RUE;BS Eriogonum gracile Slender Buckwheat .. . RUE Eriogonum sp. Buckwheat -- - RUE X Polygonum arenastrum Common Knotweed - -- WMF X Rumex crispus Curly Dock F WMF ~ I I OJ ~ ~ Ie Occurrence ;:! ~ F10weriug By Onsite oj ~ II SCIENTlFlC NAMES COMMON NAMES (90) in May and Vegetation = e July 2004 ~ ~ Area .., FAMULYPORTULACACEAE PURSLANE FAMUL Y - X Portulaca oleracea Common Pnrslane --- WMF FAMILY PRIMULACEAE PRIMROSEFAMULY X Anagallis arvensis Scarlet Pimpernel F WMF FAMILY ROSACEAE ROSE FAMILY X Rhaphilolepis indica India Hawthorn -- - RUE FAMILY SALICACEAE WILLOW FAMUL Y Populus /remontii Freemont Cottonwood .. - WMF;RUE Salix gooddingii Gooding's Black Willow - .. WMF Salix laevigata Red Willow .. - WMF;RUE FANuLYSAXIFRAGACEAE SAXIFRAGE F AMUL Y X Escallonia sp_ &callonia --- RUE FAMILY SOLANACEAE NIGHTSHADE FAMILY Datura wrightii Jimson Weed -- - WMF Solanum douglasii White Nightshade -- - WMF FAMILYTAMUUUCACEAE TAMARISK FAMILY X Tamarix ramosissima Tamarisk F WMF;RUE Class Monocotyledones Monocots FAMILY ARECEAE PALM FAMILY Washingtonia filifera California Fan Palm .. - WMF FAMULYCYPERACEAE SEDGE FAMILY Cyperus eragrostis Tall Aatsedge - .. RUE;WMF FAMUL Y IRIDACEAE IRIS FAMILY X Dietes sp. Mrican Iris - .. RUE Sisyrinchium bellum Blue-eyed grass -- - WMF;RUE I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I .. ~ ~ 'Cl Occurrence 'Ol ~ Flowering By Onsite ~ II SCIENTIFIC NAMES COMMON NAMES (90) in May and . Vegetation = ~ July 2004 = ~ Area Z ." FAMILYPOACEAE GRASS FAMILY X Avenafatua Wild Oat . -- RUEiBS X Avena barbata Slender Wild Oat. - .. RUE X Bromus diandrus Ripgut Grass IWMF'RUE'B - .. " , S X Bromus hordeaceus Soft Chess - -- RUEiBS X Bromus madritensis ssp. rubens Foxtail Chess - .. RUEiBS X Cynodon dactylon Bennuda Grass .. - RUE Distichlis spicata Saltgrass . -- RUE , X Hordeum murinum ssp. leporinum Hare Barley .. . RUE X Latium multiflorum Italian Ryegrass - .. WMF Mellea imperfecta Coast Range Melic - .. RUE Nassella pulchra Purple Needlegrass - .. RUE X Paspalum dilatatum Dallas Grass - .. WMF X Polypogon monspeliensis Annual Beard Grass . -- WMF X Schismus barbatus Mediterranean Schismus - .. RUE X Vulpia myuros Vulpia - .. WMFjRUE FAMILY TYPHACEAE CAITAIL FAMILY Typha sp. Cattail . -- WMF Symbols! A~breviations: x = sp. = = WMF = BS = RUE = In Column I indicates non-native species. Plant identified to genus only. Indicates cell was intentionally left blank. Willow-Mulefat Riparian Habitat Buckwheat Scrub Habitat Residential/Urban/Exotic Non-habitat Vegetational Association APPENDIX D 2004 WILDLIFE COMPENDIUM FOR ASSESSOR'S PARCEL NO. 921-300-013 TEMECULA, CALIFORNIA . II . . I- I . . . . . . . . . . . . . SCIENTIFIC NAMES COMMON NAMES (14) VERTEBRATES CLASS AVES BIRDS (5) FAMILY ACCIPITRIDAE BUTEOS, KlTES, HARRIERS Buteo jamaicensis Red-tailed Hawk FAMILY COLUMBIDAE PIGEON AND DOVES Zenaida macroura Mourning Dove FAMILY CAPRIMULGIDAE GOATSUCKERS Chordeiles acutupennis Lesser Nighthawk . FAMILY CORVIDAE JAYS, MAGPIES, AND CROWS Corvus brachyrhynchos American Crow FAMILY ICTERIDAE BLACKBIRDS AND ORIOLES Agelaius phoeniceus Red-winged Blackbird CLASS MAMMALIA MAMMALS (4) FAMILY CANIDAE DOGS, FOXES AND ALLIES Canis latrans Coyote FAMILY SCIURlDAE SQUIRRELS Spermophilus beecheyi California Ground Squirrel FAMILYGEOMYIDAE POCKET GOPHERS Tlwmomys bottae . Southern Pocket Gopher FAMILY LEPORIDAE RABBITS AND HARES Sylvilagus audubonii I Audubon'S Cottontail -. INVERTEBRATES . CLASS INSECTA INSECTS (4) lcaricia acmon Acmon Blue Butterfly Junonia coenia Buckeye Butterfly Polites sabuleti Sandhill Skipper Trimerotropis pallidipennis . Pallid Band~wing . CLASS GASTROPODA SNAILS AND SLUGS (1) . Helix aspersa Brown Garden Snail . . . . . . i . . . . . I . . . . ~ . . APPENDIX E DELINEATION DATA SHEETS AND ROUTINE WETLAND DETERMINATION . DATA FORMS FOR THREE SAMPLE PLOTS FOR ASSESSOR'S PARCEL NO. 921-300-013 TEMECULA, CALIFORNIA DELINEATION DATA SHEET JOB NAME: APN 921-300-013 2nd OBSERVER: Nadva Leslie OBSERVER: Tom Leslie 3rd OBSERVER: DATE: OS/28/04 and 07/23/04 I LOCATION: Eastern side ofYnez Road. Citv of Temecnla GENERAL HABITAT DESCRIPTION (include the names of three dominants): Willow-Mulefat Scrub (Salix laeviPGta. S. t!ooddinuii. POlJu[us fremnntii. Baccharis salicifoli4) Obs. Observation Drainage Drainage No. Point Width Designation: Main Drainaee and three Tributaries (T-A. T-B & T-C) NOTES DFG COE 1 MAIN DRAINAGE - Intermittent waters, wetland and riparian habitat 2 M-I 60.0 3.4 3 M-2 28.0 4.3 4 M-3 40.0 3.8 5 M-4 71.0 9.0 6 M-5 86.8 20.6 7 M-6 83.0 6.2 8 A vrg. width 61.5 7.9 !I TRIBUTARY A - Non-wetland ephemeral waters and associated upland habitat 10 A-I 5.8 2.8 11 A-2 7.8 2.7 12 . . A-3 5.5 1.3 13 A vrg. width 6.4 2.3 . . 14 TRIBUTARY B - Non-wetland ephemeral waters and associated upland habitat 15 B-1 6.5 1.5 16 B-2 3.9 0.8 . 17 B-3 5.0 I.5 18 Avrg. widlh 5.1 l.3 19 TRIBUTARY C - Non-wetland epbemeral waters and associated uplaud habitat 20 C-l 5.6 . 0.5 21 C-2 6.6 1.5 22 C-3 6.3 2.9 . . 23 A vrg. width 6.2 1.6 24 25 ANIMAL SPECIES OBSERVED: PLANT SPECIES OBSERVED: 1. See Appendix D 3. 1. See Appendix. C 3. 2. 4. . 2. 4. Page 1 of 1 I I I I I I I I I I I I I Project/Site: APN 921-300-013 Date: July 23, 2004 Applicant/Owner: Selby Development County: Riverside Investigator(s): Thomas A. Leslie. Nadya Leslie .state: California Do Normal Circumstances exist on the site? ~ No Community ID: WMF Are Atypical Methods warranted? (explain on reverse) Yes ~ Transect ID: Is the area a Problem Area? (explain on reverse) Yes Plot ID: STP-l (67.8 ft N of concrete headwall adjacent to Ynez Rd.) DATA FORM 1 ROUTINE WETLAND DETERMINATION (1987 COE Wetland Delineation Manual) VEGETATION (Ranked in descending order of abundance) Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Populusfremontii T FACW 9. 2. Bromus diaruirus H - -- 10. 3. Heterotheca graruiiflora H - - - 11. 4. Eriogonumfasciculatum S - - - 12. 5.Polypogon monspeliensis H FACW* 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (Excluding FAC-): less than 30% Remarks: Upland plant species, lacking wetland indicator status (Reed, 1988), predominate at this sample point. HYDROLOGY - Recorded Data (describe in Remarks) Wetland Hydrology Indicators: _ Stream Lake or Tide Gage Primary Indicators: _ Aerial PhotograPhs - Inundated _ Other _ Saturated in Upper 12 Inches _ Water Marks ..1L No Recorded Data Available - Drift Lines _Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Depth to Free Water in Pit: N/A (in.) _ Oxidized Root Channels in Upper 12 Inches Depth to Saturated Soil: - Water-Stained Leaves N/A (in.) _ Local Soil Survey Data - FAC-Neutral Test Other (explain in Remarks) Remarks: No wetland hydrology observed. ~ . I I I I I I I I I I I I I I I I I I SOILS Map Unit Name Arlington & Greenfield fine sandy loams, (Series and Phase): 15-35% slopes. severely eroded (AtF3) Field Observations Taxonom (Sub rou): Ha lie Durixeralfs & T ic Ha loxeralfs Profile Description: Depth Horizon (inches) Drainage Class: well-drained Matrix Color Mottle Colors (Munsell Moist) (Munsell Moist) Mottle (Abundance/Contrast) Texture, Concretions, Structure, etc. Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chrome Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils . Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: No delineation soil test pit was excavated because (a) hydric vegetation does not predominate, (b) wetland hydrology was not observed and (c) hydric soils are not mapped onsite. Therefore, the absence of wetland hydric soils could be determined without excavation of a soil test pit WETLAND DETERMINATION Hydrophytic Vegetation Present? Yeiso Circle) Wetland Hydrology Present? Yes 0 Hydric Soils Present? Ye 0 Remarks: Is this Sampling Point Within a Wetland? Yes ~o) (Circle) . . . . . . . . . . . . . . . I I I I a DATA FORM 1 ROUTINE WETLAND DETERMINATION (1987 COE Wetland Delineation Manual) Project/Site: APN 921-300-013 Date: Ma 28,2004 Applicant/Owner: Selby Development Count : Riverside Investigator(s): Thomas A. Leslie. Nadya Leslie State: California Do Normal Circumstances exist on the site? es No Community ID: WMF Are Atypical Methods warranted? (explain on reverse) Yes ~ Transect 10: Is the area a Problem Area? (explain on reverse) Yes No Plot 10: STP-2 (at jurisdictional measurement site M-4) VEGETATION (Ranked in descending order of abundance) Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Salix laeviJ!ata T FACW 9. 2. Ambrosia acanthicarva H - - - 10. 3. Cyperus eragrostis H FACW 11. 4. Hirschfeldia incana H - - - 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAc (Excludinl!; FAC-): more than 50% Remarks: Wetland plant species (Reed, 1988) predominate at this sample point. HYDROLOGY _ Recorded Data (describe in Remarks) _ Stream Lake or Tide Gage _ Aerial Photographs - _ Other ..lL No Recorded Data Available Field Observations: Depth of Surface Water: 1-1.5 Depth to Free Water in Pit: N/A Depth to Saturated Soil: N/A (in.) (in.) (in.) Wetland Hydrology Indicators: Primary Indicators: ..lL Inundated _ Saturated in Upper 12 Inches Water Marks ..lLDrift Lines ..lLSedimert Deposits ..lL Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves _ Local Soil Survey Data FAC-Neutral Test _ Other (ex lain in Remarks) Remarks: Flowing water observed on May 28, 2004 at this point, documenting the presence of wetland hydrology. . . . I I I I I I I I I I I I I I I I SOILS Map Unit Name Arlington & Greenfield fine sandy loams, (Series and Phase): 15-35% slopes. severely eroded (AtF3) Field Observations Taxonom (Sub on): Ha lic Durixeralfs & T ic Ha loxeralfs Profile Description: Depth Horizon (inches) Drainage Class: well-drained Matrix Color Mottle Colors (Munsell Moist) (Munsell Moist) Mottle (Abundance/Contrast) Texture, Concretions, Structure, etc. Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions G1eyed or Low-Chrome Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: No delineation soil test pit was excavated because flowing water , documenting the presence of wetland hydrology, was observed at this point on May 28, 2004. WETLAND DETERMINATION Hydrophytic Vegetation Presentit. No (Circle) Wetland Hydrology Present? e No Hydric Soils Present? Y No Remarks: Wetland present. Is this Sampling Point Within a Wetland?~No . '(err'c1e) I I I I I I I I I I I I I I I I I I I DATA FORM 1 ROUTINE WETLAND DETERMINATION (1987 COE Wetland Delineation Manual) Project/Site: APN 921-300-013 Date: Jul 23,2004 Applicant/Owner: Selby Development County: Riverside Investigator(s): Thomas A. Leslie. Nadya Leslie State: California Do Normal Circumstances exist on the site? Community ID: WMF Are Atypical Methods warranted? (explain on reverse) Transect ID: Is the area a Problem Area? (explain on reverse) Plot ID: STP-3 (at jurisdictional measurement site M-5) VEGETATION (Ranked in descending order of abundance) Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Washinlltonia filifera S FACW 9. 2. Plantallo malor H FACW- 10. 3. Salix laevigata T FACW 11. , 4. Salix gooddingii T OBL 12. 5.Epilobium ciliatum H FACW 13. 6.Rumex crispus H FACW- 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW or FAC (Excluding FAC-): 100% Remarks: Wetland plant species (Reed, 1988) predominate at this sample point. HYDROLOGY _ Recorded Data (describe in Remarks) ~ Stream Lake or Tide Gage _ Aerial Photographs Other l No Recorded Data Available Field Observations: Depth of Surface Water: N/A (in.) Depth to Free Water in Pit: N/A (in.) Depth to Saturated Soil: at surface (in.) Wetland Hydrology Indicators: Primary Indicators: Inundated lSaturated in Upper 12 Inches . l Water Marks l Drift Lines l Sediment Deposits l Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Water-Stained Leaves _ Local Soil Survey Data FAC-Neutral Test _ Other (ex lain in Remarks) Remarks:. Saturated soils, documenting the presence of wetland hydrology, were observed at this point. I I I I I I I I I I I I I I I I I I I SOILS Map Unit Name Arlington & Greenfield fine sandy loams, (Series and Phase): 15-35% slopes. severely eroded (AtF3) Drainage Class: well-drained Field Observations Confirm Mapped Type? Yesfrfu) Taxonomy (Subgroup): Hanlic Durixeralfs & Tvnic Hanloxeralfs Profile Description: Depth Horizon Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Structure, etc. . Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sarrdy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chrome Other (Explain in Remarks) Colors Remarks: No delineation soil test pit was excavated because saturated soils and predominance of wetland indicator plants (hydric vegetation) were observed at this point on May 28 and July 23,2004. . WETLAND DETERMINATION Hydrophyd, V,,,,""," _.~o (CiKI,) Wetland Hydrology Present? No Hydric Soils Present? Yes 0 . Is this Sampling Point Within a Wetland?~No '1e1r'c1e) Remarks: ATTACHMENT B i Preliminary Soillnvestigation/Liquefaction Study Prepared by Leighton and Associates, December 17, 1985. R:IE AIEA 121 Auto Mall GradinglCover Memo.v1.doc 22 I f I , I I I I I I I I I; I'. I I, " I , I I I . ~. 7'V"O~ - -JDoAM~ LEIGHTON and ASSOCIATES ~ ,~ SOIL ENGINEERING GEOLOGY GEOPHYSICS GROUND WATER HAZARlOOUS WASTES ;,..;. """,";" 'Ij~~r';~':'l':"; "I::t!f ., PRELIMINARY SOIL INVESTIGATION/lIQUEFACTION STUDY lOT 12, TRACT 3334, YNEZ ROAD 'RANCHO CALIFORNIA, RIVERSIDE COUNTY CALIFORNIA Oecember 17, 1985 Project No. 6851889~Ol ; . I ! i );1,1 t .~. . ,0 .. ". . '. ; {; ~ . '.'."." ,,",-'0: 1(;l'repared for"_ q~i-" .'. ,. ,StoneHOOd'~velopmerit COmpany , ',', clo TO-MA&~En!l1neering"" 41934 Ha'in, Street Q '." Temecula,Calftbr,nia 92390 . Attention: Hr'. Tony Terich ~', ", . ~ :..:~~ ..-~-.~ ~ . ~ . .' r 'l' ~ I . ': . ,0"'; 12es dllllUPA AVENuE. SuItE C, RIVERSIDE, CALiFORNIA 92504 IRVINE '. WESTLAKE/VF-NTURA . DIAMOND flAn/WAI.NUT . SAN AI"''nN^nn..........i....h~__.__ (714) 785-0156 . (~~13A567 I J J . J J I I I I I I I I' I' I I: I"', , , I - ~ LEIGHTON ~, ~ and ASSqCIATES INCORPORATED SOIL ENGINEERING GEOLOGY GEOPHYSICS HAZARDOUS WASTES GROUND WATER December 17, 1985 Project No. 6851889-01 TO: Stonewood Development Company c/o TO-HAC Engineering 41934 Main Street Temecula, California 92390 Hr. Tony Terich Preliminary Soil Investigation/Liquefaction Study, Lot 12, Tract 3334, Ynez Road, Rancho California, Riverside County, California ATTENTION: SUBJECT: Introduction .",':,/..: :~'::r~~~~J. -'1 In. accordance with your authorization, we have perform~d a pr.el imjnary soil investigation/liquefaction study on the subject parcel. The scope of work included '1) review of available data pertaining to the site, 2) field mapping by'a staff geologist, 3) exploration of the site by mean~ of three borings including logging of the subsurface strata, 4) sampling of , the representative soils, 5) laboratory testing of the soil samples, 6) evaluation of the liquefaction potential, and 7) preparation of this report presenting our findings, conclusions and reconmendations. Our, field data is presented in the form of a geotechnical map on a ,copy of the 50- scale rough grading plan prepared by TO-MAC Engineering of Temecula, California. Accompanying Haps and Appendices '. . Index Hap - Page 2 Geotechnical Map (50-Scale) - In Pocket ,Appendix' A -Geotechnical Boring Logs ,Appendix B - Laboratory Test Results Appendix C - General Earthwork and Grading : Appendix D - References .,.,;' Specifications ~~~, ~ J~n '~ AIN ~ ~ nAo+. " ,'~ ~.." ~ 4~~h~~ 7265 JURUPA AVENUE, SUITE C, RIVERSloa CALIFORNIA 92504 (714)7 . . ~. - .--. . ,,.-. -.' . . -~::"'':;'t. '.::~:~f: IRVINE .. :';^N UF:RNAROINO/RIVERSIOE . SAN DIEGO . WESTLJ\KE/VENTl.rn" !' OIAMONn [l^HfW^t.NlIT ~ ., .-~. ~., . ..... ..- ~. .... .,.....- IE r~':> ~ m 1m II ft I I . r If] III , I] ~ ,. " ,', IJ' I 6851889-01 ,.,'.....,.. _..~<:.~.. z C m >< '~"" )>f 11 ~...:'" '. ~l "- ,,; o . scale 2000 4000 . feet INOEX MAP OF LOT 12, TRACT 3334 RANCHO CALIFORNIA, RIVERSIDE COUNTY, CALFIORNIA , ' BASE MAP: U.S.G.S. Murrieta 7i' California Special Studies Zone Quadrangle 1980 " - 2 - nim.,~,:.. W~~{.:. LEIGHTON and ASSOCiATES':'. INCORPORATED' I I I I I I I I I I I I I I I I I I . 6851889-01 ".",',i!l/ I,' .,-....:j' '.'."'.,1 'j 'j. 1.0 SUMMARY OF SITE CONDITIDNS AND PROPOSED DEVELOPMENT , 1.0 Site.Conditions The subject site is situated in western Temecula Valley fronting Ynez :Road to the west 1700+ feet north of Rancho California Road, Rancho California, Riverside County-: California. The property is bordered to the west byYnez Road, with the north, east and south being open vacant land in natural condition. ....~~..j ; "'l~ .-'i I,. .)~ - :.:'t: ' '. ;~l) , . .~. . :.": ".2 Proposed Development We understand that the site will be utilized for construction of small commerc ia 1 structures with assoc iated 1 andscap ing, driveways and park tng areas. Gradirig as indicated on the rough grading plan [see Geotechnical Map - In .Pocket) is expected to generate 219,085 c~bic yards of cut and placement of . 172,522 cubjc yards of fill with' the excess to be hauled offsite. Cuts as deep as 34+ feet and fill son the order of 21+ feet are proposed . All cut and fi 11 slopes are indicated to be at a gradient-of 2:1 (horizontal:vertical). , , ! i,l ;j 11 :1 ,i! 'I II ! :1, , , , ; i .\: - 3 - [1] I . .. .-.".. ...N:~~ LEIGHTON ondASSOCfATES{<(,,--, . INCORPORATED" . ...-:~ I 2,0 SUMMARY OF GEOTECHNICAL ENGINEERING CONDITIONS ;;'6851889-01 I"t,,'... .'li'.'.'.... ',':"-'1:...- .1~\-:;-['."_~' . I 2.1 I I I I 2.2 I I 12.3 I I I I I 1'2.4 I I I Subsurface Findings Three exploratory borings were drilled on December 6, 1985 utilizing aCHE 55 flight auger drill rig equipped with eight-inch diameter hollow stem augers. These excavation revealed the site to be uniformly underlain by bedrock of the Pauba formation. Locally the Pauba formation is comprised of interbedded sandstone, siltstone and claystone (see Geotechnical Boring Logs in Appendix A for detailed description). l In; W" f:1:': ' ., ! ~ ;,' if. I: I These depos its are generally, lent icu1ar and. are gently dipping towar\l the ,nprth 6 to 10 degrees. Along the northern property boundary a thin mantle of re~ent alluvium (less than 24 inches thick) composed of sand and silty sand is ,present, within the small drainage channel incised into the bedrock. Ground Water Ground water was encountered within Boring B-3 at a depth of 31+ feet'be10w the ground surface. This corresponds to an elevation of 1021+ feet which generally coincides with our recent field work to the south. Locally the ground water table appears to be at an elevation of 1016 to 1021 feet. Liquefaction Liquefaction is the loss of strength of cohesionless soils when .the porewater pressure induced in the soil becomes equal to the confining pressure. The .estimation of liquefaction potential in general consists of estimating earthquake induced stresses and dynamic soil ~roperties. . The current cddes arid standards neither specify a procedure for evaluation of liquefaction nor do they include design provisions for mitigating measures. The primary factor influencing.1iquefaction potential include ground water, soil type, relative density (Od) of the sandy soils,. which is related to SPT blows, confining pressure, and intensity and duration of ground shaking. Liquefaction potential is greatest in saturated, loose, poorly graded fine sands with a mean. (050) grain size in the range of 0.1 to 0.2mm. A revie~1 of the logs of the bo,'ings d,'illed indlcale the site to be underlain by bedrock of the Pauba formation, with the exception of the 24+ inches. of alluvium in the north as identified on our Gcotechn~cal Map, In pock~r. '.. Due to the absence of loose sandy soils the depl~ of ground water (31+ feet) and the presence of bedrock, the potential for liquefaction appears to be-nil. . Faulting As indicated on the Index Map, page 2, the western portion of the site is included or within theboundries of the Ca1 ifornia Special Study Zone for fault hazard. - 4 - .~:.~ [lJ '. ,;;~j " :',':-'" m'.,~:~.. ..,.'.:i.:{ . ~i~~i\" LEIGHTON;'ncIASSOCfATE~17iJti,.. INCORPORATKD~ -,- .-~'.'JJ:.-l!~ I I I I I I I I I I I I. I I I I I I J 6851889-01 \ Previous geologic investigation have been performed by others along the California Special Study Zone within the Rancho California area (County of Riverside' Geologic Report 190, 190-S and 199). An investigation of the faulting of the site is not within the scope of this report. With regards to seismic potential there are several faults within the Southern California region that could affect the site in terms of ground shaking. Of these the most prominent faults with regards to the site are as follows: Fault - Distance Maximum Probable Earthquake Magnitude Wildomar San Jacinto San Andreas Newport Inglewood 2.5 Seismicity When analyzing seismicity, several factors are involved that contribute to .the ground shaking potential of a specific site. Of these the major factors are 1) postulated ~aximum earthquake magnitude, 2) distance of fault and, 3) underlying earth material.' Based on these criteria the Wildomar fault would become the design faul't when analyzing the seismicity Of this site. 220+ feet southwest 24+-miles northeast 34+ miles northeast 47; miles west 6.0 7.0 8.0 6.5 With a maximum probable earthquake of 6.0H and a di~tance of 220+ feet from the fault a maximum ground acceleration of 0.57g with less than 18 seconds of ground shaking is indicated. For design purposes, 65 percent of the maximum value is normally used, or 0.37g for the subject site. ..' .,} ..;..J ..:>..~1.' . ,c.;_~ . "tl' "If . I: , ....1 :i<;~;' ,...,..~.lt.. . ..,... . -'J ~:;;'rIr ~f:!};~ '<"'';1- . , ( i! ~ i a <~t~~i: ;. .....\. l ,"~~-!l: ,~g; .':(~!3? ....:}~:.:.: . ~ 7i: . l I " , ;i .::.:)~fjj ).~~. .". . "!ri ..)i~~~' . '~':"';;"f. ,".; ~ " ., , .;:. - 5 - ~\ II,~;, . II!.~{ C; ii", II' . - ! I i I I M " 1 , r 1 ~ I ~ 6851889-01 3.0 CONCLUSIONS AND RECOMMENDATIONS 3.1 'Conclusions ......;.,. ..-..... I ":.. ~ .:;!.-; :';'. '". : (,~;:~.1~ ""."~: ,,'.-~ ... - ~ ::..;:.~.::;;j~.,; . thenear;;-'~~ proposed' , , o Based on our investigation, overexcavation and recompaction of surface topsoils to provide adequate support for fills and structures should be anticipated. o Utilizing grading equipment in good working condition, the earth materials encountered at the s~te may be excavated without unusual difficulty. ' o Liquefaction potential of the site is nil due to the bedrock and deep ground water conditions." , 3~2 Recommendations 3.2.1 Grading The grading area should be stripped of significant vegetation. Some vegetation ~ould be mixed with soils and dispersed in the proposed compacted fills, primarily in landscape areas. This should be based on inspections durjng grading. All grading should be performed in accordance with our General Earthwork and Grading Specificat ions (Appendix C), except as modified in the text of this report. Building areas developed in cut/fill transition'should require special consideration, as shown on Page C-v of Appendix C. Removals of topsoil prior to ,placing the fills and/or for structural sup~ort are expecte4 to be minimal and generally not exceeding 24 inches. Locally, some areas may require somewhat deeper removals. . ~. l 3.2.2 Compacted Fills Onsite soils are suitable for use in compacted.fills. All fills should be placed in 6- to 8-inch 1 ifts. and compacted to at least 90 percent relative compaction. This is relative to the maximum dry 'density as determined by the ASTH Test Method Da557-78. In our opinion, the use of heavy rubber-tire equipment should provide the best results. 3.2.3 Shrinkage Factor Based on test results, excavation of the topsoil should result ioa shrinkage of approximately 15 percent. This is based on anaverage-92 percent relative compaction. An increase in relative compaction obtained would correspondingly increase this shrinkage factor. Furthermore, a subsidence of 0.20 feet should be considered during site preparation. A somewhat lower shrinkage'factor of 8 to 10 percent may , be utilized for the Pauba formation. The above values are exclusive of any losses due to removal of any subsurface obstructions.' site stripping' and , " DfJ&~' I " ":;,<'~:; .." ~~~::'. ~, ;;;';, 'LEIGHTON .ridASsoC{~..rEs"'f!:" INCORPORATED; . - 6 - J I: II.. ,~" I I I I I I I I I I I I; I I - I 6851889-01 3.2.4 3.2.5 3.2.6 3.2.7 , . Foundation Design ; After site preparation as recommended, the use of shallow 'continuous' andlor isolated footings is feasible. All exterior footings should extend at least 18 inches below the lowest adjacent firm grade. All interior footings should extend at least 12 inches below the bottom of the slab. All footings should measure a minimum of 12 inches in width. A bearing value of 2000 psf may be used for support of foundations. Continuous footings should be reinforced with at least one No.5 bar at the top and one at the bottom or equivalent. Slabs should be minimum 4 inches thick and reinforced with 6x6-10/10 WWF properly placed in the center of the slab. Presoaking of slabs subgrade is not anticipated unless expansive soils are imported for the proposed fills. The slabs should be provided with 6-mi1 Visqueen properly protected with sand for moisture barrier. Where slabs will support special loads, the structural design should consider those conditions. .' Lateral Design/Retaining Walls The passive earth pressures to be mobilized tor the resistance of lateral' forces may be determined by using pressures equivalent to the pressures exerted by a liquid weighing 300 psf. ~aximum passive pressures should not exceed 3000 pst. The recommended bearing value may be increased by one-third for wind and seismic loads. Lateral restraint at footing elevations may also be obtained as a function of the dead load, and a coefficient of friction of 0.4 between concrete and soil may be used in design. ., Walls retaining free draining, level earth may be designed using active pressures equivalent to that exerted by a fluid weighing 35 psf plus any surcharge. Sign pylons can be designed uti.1izing a lateral bearing value of 150 pounds per square foot per foot of depth. For isolated poles or signs (which are not adversely affected by liZ-inch motion at the ground surface due to short term loads) this value may be increased to 300 pounds per square foot per USC recommendations. . Cut and Fill Slopes Cut and fill. slopes should be graded at inclinations not steeper than 2 horizontal to 1 vertical. .- ", . .: :.~. ., : :>;;.,~-; ": :::~ .:: . .~. : : ,/~?~~ji:,: . <:~,;..: . . ~'. Drainage . \.....,.. Surface drainage should be directed away from the foundations and slopes toward. the streets or approved dr.ainage devices.. Ponding(or sheet flow over the slope faces) should not be permitted. - 7 - [Jtj, It: I.., I ,." . . .... ....,. LEIGHTON' .nd'ASSociATES!.~"~~:;' I"CORPORA TED:!::. '<: <;;;"6851889 01 I'B(<";, - '~b., ,..,'", .-.;--:.....~ ,;<fi~tii ' '...t::'" -~!~":.. . . (~ : I I I I I I I I I I I I , I','", "',"" ~\"" ,::..~:;:-:.' . I<'i~;i< . ,~"",; .'iJt " I!;,~r;^-;;:, ',r", , r~.~::' ,;lir{ _~~r;.':.' . 3.2.8 3.2.9 3.2.10 Structural Pavement Sections Structural pavement sections for parking and drivewa~s should be based on the results of R-value tests subsequent to completion of grading. For planning purposes pavement sections consisting of 3- and 4-inch asphalt concrete over 4-and 6-inchaggregate base are recommended for parking and driveway areas respectively. The uppermost one-foot of subgrade and Class ,II aggregate base should be compacted to at lest 95 percent of the maximum dry density as determined in accordance with ASTM Test Method 01557-78. Asphalt concrete and aggregate base course materials should conform to Type 8 Asphalt Concrete and Class II Aggregate Base per Sections 39 and 26, ~espectively, of the .Standard Specifications. of the State of California, Department of Transportation. Trench Backfills Backfills of all utility trenches should be compacted to at least 90 ~ercent relative compaction. Onsite soils can be used as trench backfills. The higher sand equivalent soils (indicating SE of 30 or better) may be compacted by flooding or jetting with some mechanical effort if necessary. Inspections and Testing Leighton and Associates, Inc. should further observe and test the site at the following stages of construction: o "Ourfng site preparat'ion including stripping topsoil removals and recompaction. o When any compacted fills are placed, including backfills of utility trench excavations and prior to construction of pavement, etc. over backfills. ' o Prior to placement of slabs where expansive soil exists. o Cut slopes and major utility trench excavations should be inspected by our geologist. ". ',,:.::t: ..,: : -":: -~'> i' r .', . ~ r. 'i :~ .J :::.t "'r,"(! ,a~lfR . :.,~.l~"='. ., .~ .;.,~l. . . ":~ '~~.:':? - 8 - I ',' '::;:~;"6851889-01 11"- ii;,>' " ' . "r~."." 3.2.11 Final Report 1,,]\;, .'.~ ,- .~:~. . '. I I I, I I I',',:. DS/SAS/ns Distribution: . ' I': Id; ....:: I~".. 's'''' I:'f.~~' - -.'.. . ........ . :i "~. . -.'.", I' t.'" If~~f " b"l'" . " ~... f:... . I' ~h-::.,. . ~;).: . ~~~';,~,.~;" , ;;l',-,'''' ::<-;':.. . A final report of compaction control should be relijuired subsequent to', '>}'.,,, completion of rough grading. The report should include a summary of " grading performed and results and locations of field density tests performed during placement of the proposed fills on the site. Respectfully submitted, -, '~." .,;;;. if-;, Ji\fu~1E~;' . :::~;;~JJ~t~~ . "v",,',',1:' IQ . ""':.7::,~ . . , ".:;]11" ';i~~:;i~ ...,.",.....: LEIGHT,ON AND ASS~NC. B~,J# Donn Schwartzkopf Staff Geologist ~~ 0, . S. A. Siddiqui RCE 19915 Principal Geotechnical Engineer (6) Addressee l;, -.J ..:,,)~J-i: ':-~:t ., - 9 - J I . , t I I I I I I I I I '<i I .!! - C ::I - E I u 1:: > '" c 0 . - .. I .. .!! - -;; - .. u J '0 '" ::;: I- '" I <<( .; .. :a .. 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COt 'ON ued %5 ue.... ssa, sautJ '0 a6elua:uad '0 '!sEq UQ UO!l'e':)U!SUI:> . e: D .. 2 a ~ o ... :l: IlaAe'D unl:> saUI:I '111M 'laM"!) IpulS veal:>> AU!;f: 'I'IM IpuO:; .MS' .. .ON uo paulela. vo!':w" 8SJe~ '0 .'ow 10. %OS 'laAIr'!) eM!1 .. .ON s:nud uo!l:teJ' otS,eCD '0 ~s UI'\l1 .,ow 'puo:; ._""1" DOl-ON v,?, pau!I''lal "OS W'C' ~'OW IUDS p.U!I:'!).....o:) A-i .... JO "-OS IJWU Plnbs1 'AIQ pu"!ns 'KOS UC\lI Rle.AI IJW!I PlnI>!, 'All:! pulllllS .al'a!' oot .oN Ru.d IIOW 10 ~ wl!oS p."!.~""l4 1%4 ,'- ~.:~ J!!:'., ~.:; '.-&-~ ~&:." " ,', ,.,. " ....1: .'U;., i.~.' .. &:;ti II "C c!i .. > .. - 1 ~ -; :r: . . li~OTECHNICAL oURING LOG Drill Hole No. B-1 Drive Weight 140 1 bs. 1110:1:' Ref. or Datum Grading Pla'n liDate 12-6-85 , . Project To-Mac - Tract 3334, amri11 ing co." United , '1l01e'Diameter 8" ~levatilln Top of Hole , , a~~ . ,1oI-"CU ,'. " o.~GI "'0) L&.. C '11> ~ co .... ... ,~ GI ~~, ...'co co:=;: 'W . o :z: GI ~ 0. GlE .0 co ::> Vl I- \o~ II> ::> ~... U OGl _0.. +1 co <=> M .... o ~ GIll> Q;,ClJ. >'1- I- " ' >, "" ... ~ . Ul GI... c: "'c: GI ::>m <=> ...... .... .u> c: >,u .... 0 "'0. OU <=> ~ UlVl Ul . coe.> ~ . UVl ~::> .~~ o Vl J.iO ._i SM t c..... 00 I-Ul ,~ . I 504f,or SM ...J 116 6 I bag 252 for t5 ~ " -. I J , I . J I -, I -I j 14 " 18 .~ 20 5 ' c: I .J 0 .... ... j co E I 0 ,..,j ... i co 20 .20j .0 28 ::> co 0. 11 18 " -I -l I l 112 16 SM Sheet 1 Job No. 6851889-01 Type of Rig CME-55 Drop of 2 30 in. ~ . . GEOTECHNICAL DE~CRIPTION Logged 8y Sampled 8y ns os ..... SILTY SAND: Dark brown, damp, fine7medium':', grained, moderately cohesive, micaceous';", f trace of clay , INTERBEDOED SANDSTONE, SILTSTONE AND CLAY- STONE: Sandstone varies from clean to a silty sandstone, medium brown-gray,brown- orange brown, slightly damp, non~slightly' , cohesive, micaceous, occasional gravelly lenses encountered, very dense Siltstone varies with occasional layers 'of sandy siltstone, gray-medium brown- gray-brown-orange brown, trace of clay,' fine grained, moderately cohesive, mica-, ': ceous, slightly damp ""'70:;1 Claystone - gray; slightly silty with 1 trace of fine sand, moderately damp, cohesive, micaceous dense . , . : ", ....,.-!...,- " , ,.....' ":}':,.; i ','.,{~\fii @ 18' very hard drilling dense -.;-. ..,.:....,.;.: '. . ."~ ',-.~' :':'" i medium dense " ' . ..... !.', ..' .. ,.,' ." . .,' .... ~': .~;~~.:;.. I GlUTECIiIUCAL IlURING Date ,12-6-B5 Drill Hole No. B-1 I Project To-Mac - Tract 3334 Drilling Co. United llole Diameter 8" Drive Weight 1i1evatll,nToP of Hole 1l10:t' III ,0 ~ .- :z: ~, ... III .~ '+- cu C s- o .- \0 cu .r:cu .., 0- III 0 ..,.., CUIll cuE ~s.. '+- s.... O-CU .0 ... OCU >>u "':E: >>1- :,.n .- C- s..o- w l- I- CD 0 I .' ,:C: .... ".. :......QI f~ o t I ~ c , I.:: r~ i ,~ & -: ~ ,,' ~ c- " l 1-" ! -j ':, -I J ;-1 GS SE=13 13 18 ,r ., . I 11 I I -I -i I l LOG Sheet 2 of 2 Job No. 6851889-01 Type of Rig CME-55 Drop 30 140 lbs in. Ref. or Datum . cu.... s..c :::scu ..,.... <II C .~ 0 ou :E: -;;.. N III VI III . ",u .- . UVl . .- ::> ~,~ o VI 9 Gradi ng Pl an GEOTECHNICAL DESCRIPTION Logged By Sampled By OS OS .~il~t C1 aystone-gray, sl ightly silty with trace of fine sand, moderately damp, cohesive, micaceous .. ":~~t'~i .JI' '>1 ..~-"....'.~. SM . - . .."....-. -." "",,' ':'. ':f':;:;f~'~:.::I: Passing No. 200 Sieve = 28% dense . - : ,:,/;}'(,~~"";\: .:";~:{;.- . .., i" :t;. '.; ;-~.1~ 'J'~:' J:\ ,'i: i.~:~'7:/;-~: "-. . ' . .:<' :,'1,' . . -~,i { ~. :'. , ~ , "I 0;i;~ . '.'{~(l TOTAL DEPTH 40' NO GROUND WATER MODERATE DRILLING TO 18' BELOW 18' VERY HARD DRILLING HOLE BACKFILLED ...:';, .1 '.' ," .' (GS) (SE) ~ .; " ". .' .> /~~*f Indicates Grain Size Analysis, ",i.j:,fi.i::~ Indicates Sand EqUiValent'Tesi,:;~~~ Indicates Standard peneiratici~:'1';~ri "\::)~~ '1";'- "'V "-1' '( " . , , " 'r.t . '.,<,~ . ~~!:H;:;: .. ,....\... :Y::.;i.: .". ',.', ..' ,".1',', "~'.~~ ('4.~';,: 1"",1",,,,- bLUllCIlN ICAL IiUIUtH; LUI> Drill Hole No. B-2 ~ate ' 12-6-85 'Project To-Mac - Tract 3334 IDrill i ng Co. Uni ted "'le Diameter 8" Drive Weight ~Ievatilln Top of H~le 1106:!:' Ref. >, "" +> '" 0 l+> - :z: 00 - ... OJ ... 0 - ~OJ +> c. +>QI +> +> OJ'" QlE QI ..... c. GJ .0 .. u. oO:E: >0.... :>V1 .... .... .... :0 I I ~ . I f1 . -. I J . I I l , -\ I -I J l~ ~ I;j .. I F '-1' 1-1 :20~ I " \D +> '" :> 3: ... U OOJ _0..- co <Xl N .-, ~.r-I 00 .....'" 31 50 'c: o .~ +> ,.. 1:' ~. '" .D :> 00. 0..' , ., , I M I - '" c: OJ o ... >,u ...c. o 5 7 9 - GJ+> ...C: :>GJ +> +> .." c: _0 ou :E: Sheet 1 of .l.- 140 1 bs or Datum "'VI '" . ..u - . UVI . -=> -~ o VI Job No. 68518B9-01 Type of Rig CME-55 Drop 30 in. I -I (GS) -i GS 14 I SE=43 17 7 SP- (SE) l 15 SM Gradi ng Pl an ~ GEOTECHNICAL DESCRIPTION , .~ . Logged By Sampled By OS OS ,:.~;.'f . , ., SM . '.' . . . -:,:):. . SILTY SAND: Medium brown, damp, fine~ medium grained, moderately cohesive; ;,~; micaceous" trace of clay ... ...,.::<. : INTERBEDDED SILTSTONE; S~NDSTONE AND.: to:::; CLAYST~NE: , Sandstone, varl~s .from c~,ean~~cwH, : to a s11ty sandstone''!1ed,lUm b~own"7gr,aY:hl'; . brown-orange brown, Sllghtly damp,. non~,::',' 'slightly cohesive, micaceous, occasional gravelly lenses encountered, very'dense Siltstone varies with occasional layers of sandy .s 11 tstone, ,gray-medi um . brown- , gray-brown-orange brown, trace of'clay; fi ne grained, moderately cohesive; mica..; , ceous, sl ight1y damp, very dense' '(':. . "",r- Clays'tone - gray, slightly siltywitli' ,,'; trace of fine sarid, moderately damp, '.,; cohesive, micaceous medium dense "',. ;':':!-;..:. ..;:-..~.,: Passing No. 200 Sieve = 9% dense .....;:.;. , .;..::~:~ :>jji~ . ',,;.; ",: ~ ...::~'\&:~. TOTAL DEPTH 30'\\~; :D::~:~ Y ~::~ DRILLING:..~j1jrB HOLE BACKFlLLED'\:'?~~ ~ ',_.'S' :.".~. .!oj'" Indicates Grain Size Analysis;"Jif~' ',' le.,.. Indicates Sand EquiValentTes(\H~~ ~'':: Indicates Standard Pe etration'Tes~!~ "r40 ~ .. .-J I I ~ I , j I ~ ! -j -I (i~UT~CIiNlCAL [lURING LOG 12-6-85 Drill Hole No. 8-3 To-Mac - Tract 3334 United Sheet 1 of 2 Job No. 6851889-01 Type of Rig CME~55 Drop 30 in. Drive Weight 140 1 bs 1052:t' Ref. or Datum ~ . >, "" . . III 0 .... III VI - :z: ~ . III . '" - III CII.... ",U ~ .... QI - '" '-'" - . "- 0 - \0 .~ CII ::ICII UVl ,.s:;: CII .... C. III U. '" ........ . ........ OJ III OJ E 3:"- .... ""'" -=> ...'" c. OJ .D '" OOJ - >,u ~ 0 ~~ "':E: >,1-. ::IVl _c. +1 ,-c. OU 0 LU l- I- a> 0 '" ::E: Vl - SM 1- 0..... 00 1-11I ~~ 124 (95) 7 GS CP SE=31 bag ~~ 113 (86) 8 8 12 13 4 6 7 '" o .~ ~. f o u. '" .0 ,::I '" C. 6 7 12 16 20 16 : I 12 I Grading Plan GEOTECHNICAL DESCRIPTION Logged By Sampled By OS OS ,.,' '.~ ~~;i<t S~1 SILTY SAND: Medium brown.. damp, fine.,};::'::;,' medium grained, moderately cohesjlie~:.\:::!: mica eo ' , .... INTER8EDDED SILTSTONE, SANDSTONE AND CLAYSTONE: Sandstone varies from clean to a silty sandstone, medium brown-gray brown- orange brown, slightl,y damp, non.,slightly cohesive, micaceous, occasional gravelly lenses encountered, dense Passing,No. 200 Sleve.= 23% Medium dense Siltstone varies with occasional layers of sandy siltstone, gray-medium brown., gray-brown-orange brown, trace of clay, fine 'grained, moderately cohesive, mica- ceous, slightly damp, medium dense < medium dense Claystone - gray, sl ightly silty with trace of fine sand, moderately damp,.. cohesive, micaceous ' below 15' harder drilling medium dense ..' ," '( .!_:",~..-:. .... ,>?~:~. ., . ;::::?~~.. . .~,", . .~..'- .,-" . .. ;,. , ' dense ,;, '. ~ :' 'F;:;:;", medium dense """~'~<~' . lilOHCI1NICAL BORING LOG Drill Hole No. B-3 :':::-......-~.;s:.w I Date _ 12-6-85 ~; Project To-Mac I'prill ing Co. :,' "ole Diameter 8" ~levatilln Top of HOle. \~h",' III 0 '~''''\,;:' ';;; '.. zQI )i' - - ,,:. s.. 0 ....- ....., .c OJ. +" C. ;l::h~ QJ +> +' QJ en QJ E I~'!';-C:.' OJ J- co C. cu .0 to ,. QJ...... IO:::E: >tt- :lV1 .., I- I- Sheet 2 Job No. 6851889-01 Type of Rig 'CME-55 Drop of 2 Tract 3334 United Drive Weight 140 lbs 1052:!:' Ref. or Datum ~ ~ .... III II> - ~ III . III CU~ ""U c Lc ~ . \0 cu ::lCU UII> III 0 ~~ . ~L .... .." C ~:::> ocu >,U _ 0 -~ ~ 0.. ,L Co OU 0 en 0 ::E: II> 30 in. Grading ,Plan GEOTECHNICAL DESCRIPTION ' Logged By Sampled By OS OS . :~~ ; .;::~ o - I:~ ..J ",'. I c ~,,',~i ..... 'I LL I.j ,. I .:'.':,:' l ~-I if,: 'I' ~.~. , ':,,:'j ielev. 1021:t' ;',' . ! Claystone - gray, slightly silty, with' trace of fine sand, moderately damp, ' cohesive, micaceous .~:' : 4 9 12 SM medium dense .~: !;."~' :.;.: ,;\t:;;~;:: I "" .CJ ::l "" 0.. , 9 13 20 dense " 8 8 10 medium dense ,j . ._;:~:..; ..i,}~~1tlj~:": ;:';"~~if ...~.:.;\:...,..; ,~: "_ .'i';.L;,>.i., ".- ~:..~'~';:'~'~~~: . .~:~<.' (GS) (CP) . (SE) C&l TOTAL DEPTH 45' . " GROUND WATER @~l: ' ", " ,.;:~~ :~~:~:~~;I~t:~. DRILLING ,;1 Indicates Grain Size AnalYSis:::'?~Ji . .', .....::.)'..:;' Indicates Compaction Test ...:X/;;;I, .' '. -" "... -' . .... ~.~ ~:.', ~:::. Indicates Sand' EquivalentTest';~',~i?,g:,~: . ',: . .' '. :;~ :\~'-'~;"~~' Indicates Standard penetrati~njT;s~~ , ':..~l~l;" --:-~.l.:- . '. ~:.~;;~~~;". I , 8 o '" o CD o <I' Sl o Gl 51 o '" 12 2 o 8 ci , r~ J j 2 E :0 I Z I ~ .. " ~ t ~ (I) :t n =f J.. > J' ~ a~ ~ ,!.,g~ ) a u~ ~].5 t =[!s .: " .. _C> ....... -.-";'':..1-l- 51 ~ :il Finer by Weight 5: o Gl o CD Percent o .. o '" o \" .. l.~.OJ.ct No.1 6851889-01 WI .. u - .. E ::E .: .. . . . . - ..: '" . . . . .. .. o U . o ::: Ul Ul to! Ul ::i ... Ii.!: " u" ... '" .0 LL . . IL ~Ir8 -.. C\I ii~ /j 'g~; oll - o ., " ~ u .. Q ~" -N ~~ ~iL H:..G a..e; . . . . . u ...I~ -'!.., . ~~"": .O' _. ._~~ ...,,- :IE . . IL .c . 1i,...: .0_ o '" . ii.d 5z Ul . ~ . . u .!6 ~z .::~.' .~-j z o ~ o <l: a:: C> l- V) w I- V) !:i ::> V) w a:: ::E VI I ::E a. VI VI I I <Xl en '" M I . ~ en I .... I I I I I I en .... '" <Xl M '" r- N I I a> a> '0 1l . 0 .. ... Plot. No;: B- i ~ o '" o .,. o '" o CD i o .. ~ g !? o 8 o ~e ( > t .. .. j ~m .l. Ir~ II '" iii:::: I".:". 'li.... c" c- .. i~~ , .- i~ .. o 01 o .. o 0 r-- CD Percent 2 ~ 2 Finer by Weiqht frOllct No.. , 6851889-01 .. .. .. - .. E -' ::l: ,E c .. .. Cl v . . . . - ..1 z . . . cO z o I- <( o <( 0: (!) ... o l3 ~ o - ., ., <.! ., :) -co' e.5 " ~: C\I I 110 lLlL . . Ii: e~8 :::C'! M .fl ~ '" 8~1; Q~ o <; :I ~ U .. o ?:" 0;: N ="oo!... .. - c(A. ....::;; G..[: . . . . .3 .J~ ..J!.. I II ;~ii ii:'~ to "'- :IE . . Ii: '" . ~.:;:; - t; l&i N .. ad ~z Ul . . . . v .. !!d ~z '" I co '0 ... E ... Ul . I- en w I- :E: II> ~ :oJ ::) en w 0: .i ., Plat I No.:,'B-11 '~':; I: 10';- , ":" "Ii,'" . J:o" ..... \/,:',' ~o CO~'PACTION TEST DATA n:>ISTURE rorroo IN PERCOO OF DRY WEIGHT \ 135 0 b 0 u. u 130 - l:Q ;:;;) U a: w n. U) 0 125 z ;:;;) ~ z - >- 1:: U) 120 z w 0 >- a: 0 115 LOCATION Borin9 or Test Pit Depth, in Feet Representative For ',' );\"' . :A\ SoIL QAsSIFICATlll'I 5 15 G=2.70 . SE=31 B-3 @ 2i,_5' Pauba Formation Grain Sizes in Percent of Dry Weight Sand (Retained on #200 Sieve) 77 Fines (Passing ;\'200 Sieve) 23 Atterberg limits, in Percent of Dry Weight Liquid Limit - Plasticity Index Soil Type and Description ';":':. '~,.ca'1PACTJON PROPERTJ ES (J. Silty Sand (SM) dark brown, fine- coarse grained, with some clay 'Method of Co~paction ASTM Standard Test Method D1557-78 Equivalent to A.A.S.H.O. Soil Compaction Test T180-s7 (1/30 cubic 'foot mold 10 pound hawmer falling -18 inches, 25 blo~IS per layer) Dptirnum Moisture Content, in percent of Dry Weight Maximum Dry Density, in pounds per Cubic Foot 't~:.; . ':"~PROJECT No ,~"- ". .' . . .;.' . , 6851889-01 9.5 1'31. 0 ILIGHTm & ASSOCIATES ',; :',,::'~ , :::"'t~i~ 'l""" .,,~~!~~, .~ '..... " ';'I}:,F 'i-"i~j'; . ' "'~~:i'i'~F . 'I'" ,,"f' , '~>~~i{. .' :j~~}i "','L'~.~ . ..... :::>;.:~~~;;. :fti ..,~"\~~;~jl, " ~. . '.' ". '_::;X~~~~. PlATE'.No. B,:.f,,"F . . -:- :'('~J:~': -:1 " J I I' ;~.- 1M;.;!!.',' 1\\:',:': ' ";'rH.. '; ~;.;:{~" I~~:' :.{.;".f~:",'. ik:(:.' I~,c; , ~.',' ~iJ::' . i:$I, t . .1" :~ !_'j.' " ::;';;:. ," . ~;) '~;.'" c 0 ~1 PAC T ] 0 tLlE S T D A T A ...._..':r . (;~:i~;.;~ f:h<.....:~.-~~ .', f}1$i ., ,."~ ...~ '..",l; MJISTIJRE CooTENT IN PERCENT OF DRY WEIGHT l350 5 10 15 b fr u .130 - l%l ::l U a: \JJ c.. Ul c Z ::l ~ 125 6=2.70 z - >- I- - Ul 120 ffi c >- a: c ~~;:~,., f:', }~'.:. , i!:,;:':' ~~:;. -~,. , '.>:, 115 LOCATloo Boring or Test Pit Depth, in Feet Representative For , . SE=3l B-3 @ 2i_~, Pauba Formation SOiL ClASSIFICATION Grain Sizes in Percent of Dry Weight Sand (Retained on :200 Sieve) 77 Fines (Passing #200 Sieve) , 23 Atterberg limits, in Percent of Dry Weight Liquid Limit Plasticity Index .Ii;'", _~ 'Ie,,,> ~~ '. -f.",~....c~; ,""/\~""f' ,.~~:~~ ,I -".i~t';. .t~~?~ ,,.._-j~.;,jJ '1"),\~7~V; Soil Type and Description ,Qi'1PACTloo PROPERTIES Silty Sand (SM) dark brown, fine- coarse grained, with some clay I~ethod of Compaction , ASTM Standard Test Method D1557-78 Equivalent to A.A.S.H.O. Soil Compaction ,Test T18D-57 (1/30 cubic foot mold 10 pound haumer falling 18 inches, 25 blotls per layer) Optimum Hoisture Content, in percent of Dry Weight 9.5 t:aximum Dry Density, in potindsper Cubic Foot 131.0 . : '.L~ Pv.TE'No' B;"::~" . . ~ . "<:~'L:~~ll: !.EIGHTa. & ASSOCIATES . 6851889-01 I I I ;AMPlE LOCATION 11 @ 35 I [Pauba Formation) '-2@ 28' Irauba Formation) 1-3 @ 2' Irauba Formation) SAND EQUIVALENT TESTS CLASS I FI CATION * SAND EQUIVALENT Silty Sand (SM) medium brown to gray-orange brown 13 Silty Sand (SP-SM) medium brown to gray-orange brown 43 Silty'Sand (SM) medium brown to gray-orange brown 31 I I I I Ifests performed in accordance with ASTM 02419-74 I I I I I I tct No: 6851889-01 LF!iohlon 11. M:<:n~i:tl..<: Plate Na: 8-f.v " ~: 0, . , .-i , 1:-. " \ I, f , '- :" ~ . ,~ ~- ::~. H l~ ~.~ '- ,~ !~ [I ~ t~ I:} 1 ,~ .. H :- It' .j : " . " , " ~, . i.; I,: , . , , ,-. f . I.; ,:., -,' , I: . I, ;1 . , v . \ I! t, ,. ; t i! 151889-01 I 1.0 I I I 2.0 I I I I I I I APPENDIX C GENERAL EARTHWORK AND GRADING SPECIFICATIONS' General Intent These specifications present general procedures and requirements for grading and earthwork as shown on the approved grading plans, including preparation of areas to be filled, placement of fill, installation of subdrains, and excavations. The recommendations contained in the geotechnical report are a part of the earthwork and grading specifications ond shall supersede the provisions contained hereinafter in the case of conflict. Evaluations performed by the consultant during the course of grading may result in new recommendations which could supersede these specifications or the recomm~ndations of the geotechnical report. Earthwork Observation ond Testinq Prior to the commencement of grading, a qualified geotechnical consultant (soils engineer and engineering geologist, and their representatives) shall be employed for the purpose of observing earthwork procedures and testing the fills for conformance with the recommendations of the geotechnical report and these specifications. It will be necessary that the consultant provide adequate testing ond observation so that he may determine that the work was occomplished as specified. It shall be the responsibili.ty of the controctor to assist the consultont and keep him apprised of work schedules and changes so that he may schedule his personnel accordingly. It shall be the sole responsibility of the contractor to provide odequate equipment and methods to accomplish the work in occordance with applicable grading codes or agency ordinances, these specifications and the approved grading plans. If, in the opinion of the consultant, unsatisfactory conditions, such as questionable soil, poor moisture condition, inadequate compaction, adverse weather, etc., are resulting in a quality of work less then required in these specifications, the consultant will be empowered to reject the work and recommend that construction be stopped until the conditions are rectified. . , , I ' ~. I ., I I 1&\ ,..J .l~? {'.... Maximum dry density tests used to determine the degree of compaction will be performed in accordance with the American Society for Testing and Materials test method ASTM 01557-78. {:":< ::r. ) I 3.0 Preparation of Areas to be Filled 3.1 ClearinQ and Grubbinq: All brush, vegetation and debris sholl be removed or piled and otherwise disposed of. I I I I I 3.2 Processinq: lhe existing ground which is determined to be satisfoctory for support of fill shall be scarified to a minirmm depth of 6 inches. Existing ground ,which is not satisfactory shall be overexcovated os specified in the fallowing section. Scarification sholl continue until the soils ore broken clown and ,free of large clay lumps or clods md until the working surface is reasonobly uniform and free of uneven features which would inhibit uniform compaction. C-i - _ - ---: --- Mf~. r- - -- '- .......... -\.: ~ - - :COMPACTE-D ~FILi.':-:-:-~-~~-~~?-~_:..::.;~---:..:-- ------~-_::::------ -----~-------____.~."'i - j;.: -r .---- __._____.....c.___... _",r:'_ ~ --:~,=-::~~:~~~~;I;~~~~-:::-:-- OVER EXCAVATE AND RECOMPACT - ~j~~~~~--'[-:- :- ~~~~il'c~~R~'(P.~Oi: OR .-.J , THE GEOTECHNICAL CONSULTANT I I I I I I I I I I I I I I I I I [ f TRANSITION lOT DETAilS CUT-Fill lOT -- CUT lOT --- --- - - UNWEATHERED BEDROCK OR I r- MATERIAL APPROVED BY ----1 , THE GEOTECHNICAL CONSULTANT NATURAL GROUND 1- -- - - -- NATURAL GROUND 1- -- - NOTE: Deeper overexcovation and recompaction sholl be performed if determined to be necessary by the geotechnical consultant. C-v I I I I I I t I I t I I I I 5.0 6851889-01 3.3 Overexcavation: Soft, dry, spongy, highly fractured or otherw.ise unsuitable ground; extending to such 0 depth that surFace processing cannot adequately improve the condition, sholl be overexcavated down to firm ground, approved by the consultant. 3.4 Moisture Conditioninll: Overexcavated and processed soils sholl be watered, dried-back, blended, and/or mixed, as required to attain 0 uniform moisture content near optimum. 3.5 Recompaction: Overexcavated and processed soils which have 'been properly mixed and moisture-canditioned shall be recompacted to a minimum relative compaction of 90 percent. 3.6 Benchin: Where fills are to be placed on ground with slopes steeper than 5:1 horizontal to vertical units), the ground shall be stepped or benched. The lowest bench shall be a minimum of 15 feet wide, shall be at least 2 feet deep, shall expose firm material, and shall be approved by the consultant. Other benches shall be excavated in firm material for 0 minimum width of 4 feet. Ground sloping flatter than 5: I sholl be benched or otherwise overexcavated when considered necessary by the consultant. ' '3.7 Approval:' All areas to receive fill, including processed areas, removal areas and tae-of-fill benches shall be approved by the consultant prior to fill placement. ' 4.0 Fill Material 4.1 General: Material to be placed as fill shall be free of organic matter and other deleterious substances, and shall be approved by the consultant. Soils of poor gradation, expansion, or strength characteristics shall be ploced in areas designated by the consultant or shall be mixed with other soils to serve as satisfactory fill material. 4.2 Oversize: Oversize material defined as rock, or other irreducible material with a maximum dimension greater than 12 inches, shall not be buried or ploced in fills, unless the location, materials, and disposal methods are specifically approved by the consultant. Oversize disposal operations sholl be such that nesting of oversize material does not occur, and such that the oversize material is completely surrounded by compacted or densifjed fil/. Oversize material shall not be placed within 10 feet vertically of finish grade or within the range of future utilities or underground canstructian, unless specifically approve<! by the consultant. 4.3 Import: If importing of fill material is required for grading, the import material shall meet the requirements of Section 4.1. Fill Placement and Compaction 5.1 FIJI Lifts: Approved fill material sheill be placed in areas prepared to receive fill in near-'horizontal layers not exceeding (; inches in compacted thickness. The consultont may approve thicker lifts If testing indicates the -grading procedures"are such that adequate compaction is being achieved with lifts of greater thickness. Each layer sholl be spread evenly and sholl be thoroughly mixed during spreading to attain uniformity of material and moisture in each layer. C-ii ~. )~ .~~ ~\ !'e- If t~ . Jr' ii-; , I"; ; ':: .1:'; . .( .~ : !;~ ~ i' ~~ " 11685181\9-01 5.Z ~ 11 IJ Ii i ~ Iq r: I Ii Ii I Fill Moisture: Fill layers at 0 moisture content less than opt.imum sholl be watered and mixed, and wet fill layers shall be aerated by scarification or shall be blended with drier material. Moisture-<:onditioning and mixing of fill layer:; shall continue until the fill material is at 0 uniform moisture content at or near optimum. ' 5.3 Compaction of Fill: After each layer has been evenly spread, moisture- conditioned, and mixed, it sholl be uniformly compacted to not less than 90 percent of maximum dry density. Compaction equipment sholl be adequately sized and shall be either specifically designed for soil compaction or of proven reliability, to efficiently achieve the specified degree of compaction. 5.4 Fill Slopes: Compacting of slopes sholl be accomplished, in addition to normal compacting procedures, by backrolling of slopes with sheepsfoot rollers at frequent increments of Z to 3 feet in fill elevation gain, or by other methods producing satisfactory results. At the completion of grading, the relative compaction of the slope oilt to the slope face sholl be at least 90 percent. , 5.5 Compaction Testinq: Field tests to check the fill moisture and degree of compaction will be performed by the consul1ant. The location and frequency of tests .shall be at the consultant's discretion. In general, the tests will be token at on interval not exceeding Z feet in vertical rise and/or 11000 cubic yards of embankment. 6.0 Subdrain Installation Subdrain systems, if required, sholl be installed in approved ground to conform to the approximate alignment and details shown on the plans or herein. The, subdrain lacation or materials,sholl not be changed or modified without the approval of the consultant. The consul1ant, however, may recommend and upon approval, direct changes in slbdraioline, grade or material. All slbdrainsshould be surveyed for line and grade after installation and sufficient time sholl be allowed for the surveys, prior to commencement of filling over the subdrains. 7.0 Excavation r I I: I I I I Excavations and cut slopes will be examined during grading. If directed by the consul1ant, further excavation or overexcovation and refilling of cut areas shall be performed, and/or remedial grading of cut slopes shall be performed. Where fill- over-cut slopes ore to be_graded, unless otherwise approved, the cut portion of the slope sholl be mode and opproved by the consultant prior to placement of materials for construction of the fill portion of the slope. ( C-iii r , , ., , I 6851889-01 I .' . .' I r I I I I I I 8.0 1/ I I Ii I I 8.4 8.5 Trench Backfills B.l Trench excavations for utility pipes shall be backfilled under engine- ering supervision. B.2 After the utility pipe has been laid, the space under and around the pipe shall be backfilled with clean sand or approved granular soil to a depth of at least one ,foot over the top of the pipe. The sand back- fill shall be unifonnly jetted into place before the controlled back- fill is placed over the sand. 8.3 The onsite materials, or other soils approved by the be watered and mixed as necessary prior to placement sand backfill. soil engineer, shall in lifts over the The controlled' backfill shall maximum laboratory density as described. above. be compacted to at least 90 percent of the detenmined by the ASTM compaction method . Field density tests and inspection of the backfill procedures shall be made by the soil engineer during backfilling to see that proper moisture content and uniform compaction is being maintained. The contractor shal1,provide test holes and exploratory pits as required by the soil engineer to enable sampling and testing. C-iv , ~89~01 ,. r""- 1 ',. ; ,: APPENDIX 0 REFERENCES .., lton and Associates, Inc., 1,978, Geotechnical Investigation for Fault and Soil ,,1 'liquefaction Study, lots 17 and 18 (51.36+ Acres}, Tract 3334, Rancho a California, Riverside County, California, dated July 25, 1978 (Project No. Il' 678347-01). r..L~--,1978, Soil liquefaction Study, Proposed Commercial Site, lots 17 and 18, ~' ,Tract 3334, Rancho California, Riverside County, California, dated July 25, fIi 1978 (Project No. 678347-01). ' ~' ------,19, 80, Geotechnical Review of Grading Plan, Parcel 3, Parcel Map No. 17567, , Rancho California, Riverside County, California, Dated September 4, 1981 ; (Project No. 6780347-04). , ' '1~----,1985, Preliminary Soil Investigation, Proposed GEMCO c,enter, Commercial Site, Across from The Plaza, Rancho Properties, Rancho California, California, dated February 27, 1985 (Project No. 6850123-01). . " f .E I J' , .11 ~ ,,",, 1.-::" r'; , ; i ; ! .":' feer Consultants, 1980, Geotechn,ical Evaluation, a Portion of the WildomarFault Zone, Rancho California Area, Riverside County, dated June 13, 1980, County , of Riverside, Geologic Report No. 199. I.::. 1,: t . ~.: I, . i . ~ I', -:i . ;.)~ I '.1',,' . ..",1 ;) ~~L : .~.:.~~ i '.." I .' .. I I r I I, I I I, D-i ATTACHMENT C , Noise Study for the Rough Grading of theTemecula Auto Mall Expansion in the City of Temecula Prepared by Weiland Associates, May 2005, ) R:IE AIEA 121 Auto Mall Gradlng\Cover Memo,v1.doc 23 ~ .~ ~ i ;~ \.. ,-l I NOISE STUDY FOR THE ROUGH GRADING PHASE OF THE TEMECULA AUTO MALL EXPANSION IN THE CITY OF TEMECULA Project File 684-05 May 2005 (..) Prepared for: Felicita Financial Corporation 41623 Margarita Road, Suite 100 Temecula, CA 92591 Prepared by: David L. Wieland, Principal Consultant Wieland Associates, Inc. 23276 South Pointe Drive, Suite 114 Laguna Hills, CA 92653 , Tel: 949/829-6722 Fax: 949/829-6670 www.wielandassoc.com (J - '\ ..1- '.~ ~ A " J () () ... Wieland Associates, Inc. FI NAL Temecula Auto Mall Expansion Table of Contents 1 INTRODUCTION ....o.............................................................................. 1 2 NOISE DESCRIPTORS .... ........... ............ .................... ....... ...................... 2 2,1 DECIBELS ............ ..... ........ ... ...........,.....................,...,........,..... ....., 2 2,2 A-WEIGHTING. ..... .....,....,........ ................ ...........,...'............'........... 2 2,3 COMMUNITY NOISE EQUIVALENT LEVEL (CNEL),.. .......,...... ......, ............. ........,.. 4 3 NOISE REQUIREMENTS ....... ............. .............................................. ........ 4 4 EXISTING NOISE ENVIRONMENT ............................................................... 4 5 CONSTRUCTION NOISE LEVELS................................................................4 6 MITIGATION MEASURES... ...... ...... .... ........~. ......... ....... ...... ..... ................. 6 7 CONCLUSION... ... ......... ......... ...... .... ........ ... ........0. ........ ..... ......0.. ......0. 8 8 REFERENCES.... .... .... .... ...... ... ..... ..... ......... .............. ......... ... .......... ...... 8 List of Tables Table 5-1. Construction Equipment and Schedule ..,......................................'...... 5 Table 5.2. Construction Equipment Data........................................................... 5 List of Figures , Figure 1-1. Location of the Project Site........................................................... 1 Figure 2-1. Common Noise Sources and A-Weighted Noise Levels .............................3 Figure 2-2, Common CNEl and ldn Noise Exposure levels at Various locations .....,...... 3 Figure 6-1. Location and Top Elevations for the Recommended Berm........................ 7 List of Appendices Appendix I. Construction Noise Analysis FEUCIT A FINANCIAL CORPORATION Project File 684.05 i May 2005 , I C) ... Wieland Associates, Inc. FINAL T emecula Auto Mall Expansion 1 Introduction The proposed project will involve rough grading on Parcels 4-6 of Tentative Parcel Map No. 32924 during nighttime hours to excavate approximately 132.000 cubic yards of soil and transport it across Ynez Road to the site of the Temecula Auto Mall expansion, (Refer to Figure 1-1 for the location of the project site,) The purpose of this study is to identify and assess the potential noise impacts at the Somerset Apartments directly east of the project site, {I Figure 1-1. Location of the Project Site .~._./ FELlCITA FINANCIAL CORPORATION 1 Project File 684-05 May 20llS ... Wieland Associates, Inc. FINAL Temecula Auto Mall Expansion , } 2 Noise Descriptors The following sections briefly describe the noise descriptors that will be used throughout this study: 2.1 Decibels Sound pressures can be measured in units called microPascals (vPa), However, expressing sound levels in terms of vPa would be very cumbersome since it would require a wide range of very large numbers, For this reason, sound pressure levels are described in logarithmic units of ratios of actual sound pressures to a reference pressure squared. These units are called bels, In order to provide a finer resolution, a bel is subdi vided into 10 decibels, abbreviated dB. Since decibels are logarithmic units, sound pressure levels cannot be added or subtracted by ordinary arithmetic means. For example, if one pump produces a sound pressure level of 70 dB, two pumps operating simultaneously would not produce 140 dB, In fact, they would ~ombine to produce 73 dB, In other words, doubling the number of pumps will increase the noise level by 3 dB. Conversely, halving the number of pumps will reduce the noise level by 3 dB. (J 2.2 A-Weighting Sound pressure level alone is not a reliable indicator of loudness, The frequency or pitch of a sound also has a substantial effect on how humans will respond. While the intensity of the sound is a purely physical quantity, the10udness or human response depends on the characteristics of the human ear, Human hearing is limited not only to the range of audible frequencies, but also in the way it perceives the sound pressure level in that range. In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and 5,000 Hz, and perceives both higher and lower frequency sounds of the same magnitude with less intensity. In order to approximate the frequency response of the human ear, a series of sound pressure level adjustments is usually applied to the sound measured by a sound level meter. The adjustments, or weighting network, are frequency dependent. The A-scale approximates the frequency response of the average young ear when listening to most ordinary everyday sounds, When people make relative judgments of the loudness or annoyance of a sound, their judgments correlate well with the A-scale sound levels of those sounds. A range of noise levels associated with common in- and outdoor activities is shown in Figure 2-1 (page 3), (J The A-weighted sound level of traffic and other long-term noise-producing activities within and around a community varies considerably with time, Measurements of this varying noise level are accomplished by recording values of the A-weighted level during representative periods within a specified portion of the day, FEUCITA FINANCIAL CORPORATION Project File 684-05 2 May 2005 ......J C ~ .~ ... ,3- ~ B ~ s ~ E ~ () i OJ .- \,/ o ., '., < "t:l = .! .. ~ . c, ~ QI .~ 1ft ~ .~ -e~ .... v ~.3 6 !9 .....0 ~ t: o~ c: .... o " e~ e ~ a~ ~ ~ .... '" ~ ~ '" ~ .~... ... oJ = - 3: fIJ ~ "' " } j ~ .!l t ~ j j 1l ~ s '[ c o !I' '~ ~ -g .Q 3: ~ ~ ~ ]~ ~,~ f~ u~ ilJ'G r-'i ! j ! ! , 3 <' ~ ij = '~ ., 0 ~IJaig1a ~ ~ Il ~ .!l .!l ~ ~ -8 ~ 8] '" =: a j ~ u iZi ~ li ~ 0 j ~ ] ] ,~ ~ c '~ 00 e ~ I !I' .0 -< ~ j is .!l .c ,,1 i1~ ij's , 'ocr ~~ d ".~ ~i ["''''''1 I ! -5 0 " 8 V) g lir ~ -8 1 ~ '" '~ a 1 > 1 ;J 8 g '" " .l! ] ~ ,~ !h j~ "C. !i Il 8 ~ ~ ,~ til ~I _c <' ij '" ;l f ~ ~ Q ] 'Ci .~ ~ f 'Ci ) .., c: " tl v s~ o ~ VI QI QI.... .~ Cb ~.ia c:~ 0.., e ~ ij.c: \J.~ ..:~ r:-..q ~ '" .~ ... ....."' 1il ~ z o ~ It '" 8 .... <( on _ 0 ~ ~ ~ .!! <( Ii: o \l :Je' ~ Q. ".A Wieland Associates, Inc. FI HAL Temecula Auto Mall Expansion 2.3 Community Noise Equivalent Level (CNEL) It is recognized that a given level of noise may be more or less tolerable depending on the duration of exposure experienced by an individual. There are numerous measures of noise exposure that consider not only the A-level variation of noise but also the duration of the disturbance, The State Department of Aeronautics and the California Commission on Housing and Community Development have adopted the community noise equivalent level (CNEL). This measure weights the average noise levels for the evening hours (7:00 p,m. to 10:00 p,m,), increasing them by 5 dB, and weights the late evening and morning hour noise levels (10:00 p,m, to 7:00 a,m,) by 10 dB, The daytime noise levels are combined with these weighted levels and are averaged to obtain a CNEL value, Figure 2-2 (page 3) indicates the outdoor CNEL at typical locations, 3 Noise Requirements The City of Temecula has indicated that the proposed project may not expose the residents of the adjacent apartments to noise levels exceeding the limits pennitted by the General Plan Noise Element. For residential properties, this limit is a CNEL of 65 dB. () 4 Existing Noise Environment In order to document the existing noise environment, a continuous 24-hour measurement was obtained at the Somerset Apartments on April 19 and 20, 2005, The measurement was obtained adjacent to Building 32 (the nearest building to the vacant lot), with a microphone height corresponding to the second floor window elevation (which will have the greatest exposure to the proposed construction activity), The results of the measurement, provided in Appendix I, indicate a CNEL of 58,7 dB, 5 Construction Noise Levels Based on information provided by Compaction Plus, the following table provides a list of the construction equipment and the operational schedule that will be employed at the project site: (J FELlCITA FINANCIAL CORPORATION Project File 684-05 4 May 2005 Y... Wieland Associates, Inc. FINAL Temecula Auto Mall Expansion } Table 5.1, Construction Equipment and Schedule Average Number of Equipment Items in Use During Each Hour Equipment Item 811m - 9pm 91lm - 4am 4am - Sam Bulldozer 1 1 1 Earth scraper 6 6 6 Motor grader 1 1 1 Loader 1 1 1 Water truck 1 1 1 Service truck 1 0 1 Fuel/lube truck 1 0 1 For the purposes of constructing a computer model, the project site was divided into four equal-sized segments, with 1.5 earth scrapers operating continuously in each segment. The remaining equipment items identified in Table 5-1 were assumed to spend 1/4 of their time in each of the four segments (I.e., they were assumed to operate continuously throughout the entire project site,) The following data were used in the computer model to estimate the construction activity noise levels: Table 5.2, Construction Equipment Data () Estimated Noise Level at 50 feet With Feasible Usage Equipment Item TVllical Noise Control' Factor' Bulldozer 80 dB(A) 75 dB/AI 0.4 Earth scraper 88 dBIA) 80 dBIAI 0.4 Motor grader 85 dB(A) 75 dB(AI 0.08 Loader 79 dBtA) 75 dBIA) 0.4 Water truck 91 dB(A) 75 dB(A) 0.4 Service truck 91 dB(Al 75 dBIA) 0.4 Fuel/tube truck 91 dBIAl 75 dB(A) 0.4 Source: Noise from Construction Equipment and Operations. Building Equipment, and Home Appliances, BBN, Dec 31, 1971. Notes: 1. Estimated levels obtainable by selecting quieter procedures or machines and implementing noise control factors requiring no major redesign or extreme cost. 2, Percentage of time equipment is operating at noisiest mode in most used phase on site. As indicated in Table 5-2, there is a significant range in the estimated noise levels that may be produced by construction equipment. Since the exact equipment and procedures to be used at the project site are unknown, the analytical results provided in this study will reflect the same range. Based on the information provided in Tables 5-1 and 5-2, it is estimated that the construction , operation will generate a CNEL of 70 to 79 dB at the nearest apartment buildings, (Refer to Appendix I for the analysis,) {j FEllCITA ANANCIAl CORPORATION Project File 684.05 5 May zoos , I 3. 4, 5, 6: 7, () ( ) ,.j ... Wieland Associates, Inc. FINAL T emecula Auto Mall Expansion 6 Mitigation Measures The following mitigation measures are recommended for compliance with the City's CNEL standard of 65 dB at the adjacent apartments: I, Because of the way CNEL is calculated, daytime grading activities should not be permitted within the same 24-hour period as nighttime grading activities, 2, During daytime hours (7:00 a,m, to 7:00 p,m,), and prior to any nighttime grading activities, an earthen berm should be constructed along the eastern and northern sides of the construction area as shown in Figure 6-1. All construction equipment should be equipped with properly operating and maintained muffling devices, To the extent feasible, construction activities should be scheduled to avoid operating multiple pieces of equipment simultaneously, which causes higher noise levels, The construction contractor should avoid unnecessary equipment idling for long periods. Back-up horns should be replaced with alternatives such as warning lights, hand signals, or continuous loop routes. No construction-related public address loudspeaker, two-way radio or music system should be audible at any adjacent noise-sensitive land use, 8. Construction techniques designed to reduce noise should be implemented where feasible. Loud equipment should be separated and not grouped in one location, Areas reserved for testing and fixing equipment should be placed away from sensitive receptors, :t 9, Grading and construction equipment should be stored on the project site whil~fn use, '\ '10. The construction contractor should implement a noise awareness program for construction workers, The onsite construction supervisor should be authorized to receive noise complaints and should be responsible for their resolution, 1 L Prior to the commencement of construction, and ongoing during construction, residents adjacent to the construction activity should be notified of the specific construction activity and associated schedule, Additionally, signs easily visible at all times during construction should be posted at strategic locations within the project area. The notifications and signs should identify the address, "hotline" number, and name of a designated person to contact for the purpose of responding to questions or complaints during the construction period, The notifications and signs should also identify the hours of permissible construction work and estimated duration. FEUCITA ANANCIAl CORPORATION Project File 68+05 6 May 2005 '-, ) (j ( .~ Wieland Associates, Inc. FI HAL Temecula Auto Mall Expansion Figure 6-1, Location and Top Elevations for the Recommended Berm FELlCITA FINANCIAL CORPORATION Project File 684-05 7 May 2005 --"- () C) ... Wieland Associates, Inc. F I HAL Temecula Auto Mall Expansion 7 Conclusion Based on the results of our analysis, it is concluded that, with proper implementation of the recommended mitigation measures, the noise levels generated by the construction activities at the project site will comply with the City's standards, It should be noted that the construction activities will be audible and discernible at the nearby apartments, even as it complies with the City's standards, This is due to the fact that the background "noise level in the area is quite low. 8 References 1. Tentative Parcel Map No, 32924, RBF Consulting, No date, 2, North Plaza & Borrow Site Plan, RBF Consulting, No date, FEUClTA FINANCIAL CORPORATIOH Project File 684-05 8 May 2005 ... 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V) t-; t- oO - 0 N '" ..,. .,. .,. co N N 00 -0 00 ....: '" '" '" '" , . , , '" V) N N ....: vi 00 ....: '" '" '" '" , . , , C"C"O"C" GJ cu 0 4:l ...l...l...l...l c..~Q.c.. 'S os '3'S 0" CT' 0"' 0" .u 4) cu U "'C "'C "C "0 Cl.J IS) aJ 4) c c c c :C:S:O:B E E E E o 0 0 0 uuuu ATTACHMENT 0 Berm Exhibit Prepared by Weiland Associates, May 2005, R:\E AIEA 121 Auto Mall GradinglCover Memo. v1 ,doc 24 R:IE AIEA 121 Auto Mall GradinglCover Memo,v1,doc 25 ATTACHMENT NO.3 LIST OF MITIGATION MEASURES R:\E A\EA 121 Auto Mall Grading\Staff Report eel.doc 8 PROPOSED MITIGATION MEASURES Liaht and Glare 1. All construction site lighting shall be oriented away from and/or shielded in such a way that the light does not illuminate the adjacent multiple family units, 2, All '~ill site" construction site lighting shall be oriented away from and/or shielded in such a way that the light does not shine directly into the eyes of the motorists along Interstate 15 and Ynez Road, Air Qualitv 3, Adequate watering techniques shall be employed to mitigate the impact of construction- generated dust particulates from both the disturbed areas and haul routes. The watering techniques shall be done at least three times per day, Portions of the project site that are under-going earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the work day, 4, All earthmoving equipment shall use aqueous diesel fuel. 5, Grading operations shall be suspended when on-site wind speeds exceed 25 mph, Cultural Resources 6, During excavation activities, a qualified paleontological monitor will be present and will have the authority to stop and redirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the alignment. If paleontological resources are encountered, adequate funding will be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Noise 7. To maintain the City's CNEL criteria (from the adopted General Plan), daytime and nighttime grading activities shall not be permitted within the same 24-hour period, 8, During daytime hours (7:00 a,m. to 7:00 p,m.), and prior to any nighttime grading activities, an earthen berm shall be constructed along the eastern and northern sides of the construction area on the "source site", (The height and location of the berm are identified in Attachment D,) 9. The construction contractor shall implement a noise awareness program for construction workers. The onsite construction supervisor shall be authorized to receive noise complaints and is responsible for their resolution, 10, All construction equipment shall be equipped with properly operating and maintained muffling devices, R:IE AlEA 121 Auto Mall GradinglStaff Report CC1 .doc 9 11, To the extent feasible, construction activities shall be scheduled to avoid operating multiple pieces of equipment simultaneously, which causes higher noise levels, 12. The construction contractor shall avoid unnecessary equipment idling for long periods. 13. Back-up horns shall be replaced with alternatives such as warning lights, hand signals, and/or continuous loop routes, 14. No construction-related public address loudspeaker, two-way radio or music system shall be audible at any adjacent noise-sensitive land use, 15, Construction techniques designed to reduce noise shall be implemented where feasible, 16, Areas reserved for testing and fixing equipment shall be placed away from sensitive receptors in an areas approved by the Department of Public Works. 17, Grading and construction equipment shall be stored on the project site while not in use, 18, Prior to the commencement of construction, and ongoing during construction, residents adjacent to the construction activity shall be notified of the specific construction activity and associated schedule, Additionally, signs easily visible at all times during construction should be posted at strategic locations within the project area. The notifications and signs should identify the address, "hotline" number, and name of a designated person to contact for the purpose of responding to questions or complaints during the construction period. The notifications and signs shall also identify the hours of permissible construction work and estimated duration. R:\E A\EA 121 Auto Mall Grading\Staff Report CC1.doc 10 ATTACHMENT NO.4 RESIDENT LETTER R:IE AlEA 121 Auto Mall GradinglStaff Report CC1.doc 11 City of Temecula 43200 Business Park Drive - PO Box 9033 - Temecula - California - 92589-9033 (951) 694.6400 - FAX (951) 694.6477 July 6, 2005 Dear Temecula Resident, The City of Temecula has received a request from a property owner along Ynez Road to grade a portion of their property that is located behind the apartment complex where you live. The proposed grading project will grade part of the property behind you and transport the dirt across Ynez Road and to the vacant property next to Interstate 15, However, because of concerns about the impacts to traffic flow along Ynez Road, much of the grading and transporting of the dirt across Ynez Road will be conducted at night. The purpose of this letter is to let you know that the City Council will be considering their request to grade at night during an upcoming meeting, The Temecula Municipal Code limits the hours of construction adjacent to where people live to 7:00 a,rn, to 6:00 p.m. Any exceptions to this requirement must be approved by the City Council. The proposed grading activity is expected to begin about 7:00 p,m, and end about 5:00 a.m" Sunday night through Friday morning. The nighttime grading activities are expected to take about three weeks to complete; though there will be some daytime grading activities both before and after the nighttime grading. The City Council will decide whether or not to approve nighttime grading and whether or not to adopt a Mitigated Negative Declaration for the grading activity at their July 26, 2005 City Council meeting, City Council meetings begin at 7:00 p,m, and are held in the City Council Chambers located at 43200 Business Park Drive, The public is welcome to attend and is allowed to speak to the Council on all matter of City business. A copy of the Initial Environmental Study for the proposed Mitigated Negative Declaration is available for public review at City Hall and on the City of Temecula website (http://www.cityoftemecula.org/index.htm). The draft of the Mitigated Negative Declaration also contains a number of measures the grading contractor must do to further reduce the effects of the project on the nearby residents. A list of these mitigation measures to reduce the effects of the grading project are enclosed with this letter. If you have any questions concerning this project, please contact me at (951) 694-6400 or Deputy Director of Public Works Ron Parks at (951) 694-6411, GJ)\-l David Hogan ~ Principal Planner R:\E A\EA 121 Auto Mall Grading\Final Resident Letter.doc LIST OF PROPOSED MITIGATION MEASURES (When approved by the City Council, these measures will become requirements that the grading operation will have to comply with,) To reduce possible Niahttime Liaht and Glare Effects 1, All construction site lighting shall be oriented away from and/or shielded in such a way that the light does not illuminate the adjacent multiple family units. To reduce possible Air Qualitv Effects (Airborne Dust) 1. Adequate watering techniques shall be employed to mitigate the impact of construction- generated dust particulates from both the disturbed areas and haul routes. The watering techniques shall be done at least three times per day, Portions of the project site that are under-going earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the work day, 2, Grading operations shall be suspended when on-site wind speeds exceed 25 mph, To reduce impacts to Cultural and Historic Resources 1, During excavation activities, a qualified paleontological monitor will be present and will have the authority to stop and redirect grading activities to evaluate the significance of any paleontological resources exposed during the grading activity within the alignment. If paleontological resources are encountered, adequate funding will be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved, To reduce possible Noise Effects 1, To maintain the City's CNEL criteria (from the adopted General Plan), daytime and nighttime grading activities shall not be permitted within the same 24-hour period. 2, During daytime hours (7:00 a.m. to 7:00 p.m.), and prior to any nighttime grading activities, an earthen berm shall be constructed along the eastern and northern sides of the construction area on the "source site", 3, The construction contractor shall implement a noise awareness program for construction workers, The onsite construction supervisor shall be authorized to receive noise complaints and is responsible for their resolution, 4. All construction equipment shall be equipped with properly operating and maintained muffling devices. 5, To the extent feasible, construction activities shall be scheduled to avoid operating multiple pieces of equipment simultaneously, which causes higher noise levels, 6, The construction contractor shall avoid unnecessary equipment idling for long periods, 7, Back-up horns shall be replaced with alternatives such as warning lights, hand signals, and/or continuous loop routes. 8, No construction-related public address loudspeaker, two-way radio or music system shall be audible at any adjacent noise-sensitive land use, R:\E A\EA 121 Auto Mall Grading\Residenl Letter.doc 9, Construction techniques designed to reduce noise shall be implemented where feasible, 10, Areas reserved for testing and fixing equipment shall be placed away from sensitive receptors in an areas approved by the Department of Public Works, 11. Grading and construction equipment shall be stored on the project site while not in use, 12. Prior to the commencement of construction, and ongoing during construction, residents adjacent to the construction activity shall be notified of the specific construction activity and associated schedule, Additionally, signs easily visible at all times during construction should be posted at strategic locations within the project area, The notifications and signs should identify the address, "hotline" number, and name of a designated person to contact for the purpose of responding to questions or complaints during the construction period. The notifications and signs shall also identify the hours of permissible construction work and estimated duration, R:IE AlEA 121 Auto Mall GradinglResident Letter.doc ATTACHMENT NO.5 LOCATION MAP R:IE AlEA 121 Auto Mall GradinglStaff Report eel.doc 12 LOCATION MAP AUTO MALURANCHO WAY GRADING EA-121 R:IEAlEA 121 Auto Mall GradinglStaff ReportCC1.doc 13 , /' ITEM 17 CITY DIR. CITY APPROVAL......,'n ATTORNEy-Wr~ OF FINANCE MANAGER ( CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 26, 2005 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No, 88-12 (Ynez Corridor) PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) DISCUSSION: The County of Riverside (the "County") established Community Facilities District No, 88-12 (the "District") in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds for the District in the principal amount of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the County to the City, On May 12, 1998 the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998 special tax refunding bonds in the amount of $18,690,000 were issued, This refunding will result in savings in debt service costs of approximately $2,3 million over twenty years, The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel for the fiscal year. The calculated special tax, calculated by the City's Special Tax Consultant, required to be levied for the 2005-06 fiscal year is $1,449,732,12, I FISCAL IMPACT: The calculated special tax required to be levied for the 2005-06 fiscal year is $1,449,732,12. This amount represents a $241,408.74 or 16,65% decrease from the 2004-05 special tax levy. Attachments: -Special Tax Calculation Worksheet -Resolution No. 05. 2 RESOLUTION NO. 05- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) WHEREAS, the City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Supervisors of the County of Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofTemecula, acting as the legislative body for Community Facilities District No, 88-12 (Ynez Corridor) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1 ,449,732,12 on the parcels which comprise the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty Engineering Group, Inc. to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B, Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C, Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No, 98-41 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose, Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due, Section 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected, Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The City Clerk shall certify adoption of the resolution, PASSED, APPROVED AND ADOPTED this 26'h day of July, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City oft emecula at a regular meeting thereof, held on the 26'h day of July, 2005, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: Susan W. Jones, CMC City Clerk Bonds Outstanding Delinquency Rate for Fiscal Year 2003-04 Delinquency Rate for Fiscal Year 2004.05 Current FY # of Parcels March 2006 Interest September 2006 Interest September 2006 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Deficit (Surplus) Reserve Adjustment ' Total Obligation $1,531,468.75 $1,531,470.85 $2,10 Fiscal Agent Tax Consultant Auditor .Controller Auditor.Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Foreclosure Counsel Sales Tax Admin Arbitrage Calculations City District Administration Total Administration $0,16 $0,34 Total Obligation Total Administration Prior Year Deficit (Surplus) City Adjustment Total Requirement Maximum Special Tax Administration % of Levy Ci 's%ofLe FY 04.05 Actual $3,300,00 $6,000.00 $312.00 $80,64 $176.40 $18,430.78 $5,000.00 $0,00 $30,000.00 $63,299.82 $359,501.25 $359,501.25 $810,000,00 $1,529,002.50 .$2.10 $0.00 $1,529,000.40 FY 05.06 1m!Y $3,300.00 $6,000,00 $35.71 $81.28 $172,72 $0.00 $5,000.00 $0.00 $30,000.00 $44,589.71 $1,529,000.40 $44,589,71 ($453,857.99) $330,000.00 $1,449,732.12 $8,640,177.60 $13,140,000.00 12.42% 0.99% 508 Difference $0.00 $0,00 ($276.29) $0.64 ($3.68) ($18,430.78) $0,00 $0.00 $0,00 ($18,710.11) FY 2004.05 Levy Difference 3.08% 2.07% $1,691,140,86 ($241,408.74) .16,65% ACCOUNT DESCRIPTION ACCOUNT BALANCE Mav 31. 2005 FUNDS AVAILABLE FOR SEPT P & I Special Fund Delinquency Maintenance Fund Cost of Issuance Fund Improvement Fund Reserve Fund Bond Fund Administrative Account $0.00 $1,094,436,38 $0.00 $0.00 $1,531,470.85 $1,602,801.74 $571.53 $0.00 $1,602,801,74 Total Funds Available $4,229,280.50 $1,602,801.74 Proposed Admin Transfer Collection Subtotal Funds Needed for Se t. 2005 P & I .I'/!I $0.00 $0,00 $1,602,801.74 $1,148,943.75 Other Sources: $1,531,470,85 $1,094,436,38 $2,625,907,23 Reserve Fund Delinquency Maintenance Fund Total of Other Sources TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 12, 2005 A regular meeting of the City of Temecula Community Services District was called to order at 7:13 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California, ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Edwards, Naggar, Roberts, and Washington ABSENT: o DIRECTORS: None Also present were Assistant General Manager O'Grady, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No comments, CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 28, 2005, MOTION: Director Naggar moved to approve Consent Calendar Item No, 1. Director Comerchero seconded the motion and electronic vote reflected unanimous aooroval. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Parker thanked the Community for their participation in the July 4th Festivities, and other summer activities, such as Movies in the Park, and the Summer Concern Series. GENERAL MANAGER'S REPORT Assistant City Manager O'Grady brought greetings from City Manager Nelson, who is celebrating his 25'h Wedding Anniversary, BOARD OF DIRECTORS' REPORTS A. Director Naggar thanked staff for their excellent execution of the July 4th Activities. B. Echoing Mr. Naggar, Director Comerchero also thanked staff for the 4th of July Activities the Redhawk Annexation celebration. R:\Minutes.csd\071205 C, Director Roberts commented on the excellent 4th of July parade. D. President Washington agreed with the previous comments of the Board of Directors, and further thanked staff for all their efforts bringing these events to fruition. ADJOURNMENT At 7:18 P.M" the Temecula Community Services District meeting was formally adjourned to Tuesday, July 26, 2005, at 7:00 P,M" City Council Chambers, 43200 Business Park Drive, Temecula, California, ' Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] R:\Minutes.csdI071205 2 TCSD DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER-q FROM: CITY OF TEMECULA AGENDA REPORT Board of Directors J Herman D, Parker, Director of Community services~ TO: DATE: July 26, 2005 SUBJECT: Departmental Report PREPARED BY: Gail L. Zigler, Administrative Assistant Ji1) Construction of the Patricia H. Birdsall Sports Park (Wolf Creek Sports Complex) is currently underway. Grading is complete. Currently field lighting is being installed, installation of artificial turf fields has begun and construction of the building is underway. A construction contract has been awarded to Edge Development for the construction of the new Temecula Public Library project. A ground breaking ceremony was held on Thursday, May 12, 2005. Grading is currently underway. A contract has been awarded for the Vail Ranch Middle School lighting project and installation of the lighting system is currently underway. The Community Services Department released an RFQ to landscape architect firms for Redhawk Park Improvements for the four Redhawk park sites acquired on June 30, 2005 with the annexation of Redhawk into the City of Temecula. Deadline for submittals is July 26, 2005. The City of Temecula is currently holding a "Name the Redhawk Parks" campaign which will end July 25,2005. The recently established Cultural Arts Division is currently conducting summer cultural arts programs and activities, and will conducted their first evening concert at the Harveston Lake Park. The Cultural Arts Division is busy planning for the new community theater which is scheduled to open in late summer, and overseeing the day-to-day operations at the History Museum and the Imagination Workshop, Temecula Children's Museum. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The Maintenance Division of the TCSD has completed the replacement/installation of light poles standards supporting the athletic field lighting on the north and south fields of the Ronald Reagan Sports Park. The original poles were wooden telephone poles which had begun to dry rot and had termite infestation. The new light standards will also assist in better aiming and positioning of the R:\ZIGLERGIXDEPTRPT\0705.doc lighting on the north and south fields, The TCSD Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. The F.I.T. (Fitness In Temecula) continues at four (4) park sites within the City. These sites include Ronald Reagan Sports Park, Harveston Community Park, Temeku Hills Park and Pala Community Park, The program has approximately 390 registered participants. This program concludes on August 19, 2005. The 4th of July Parade and Fireworks Spectacular was held on July 4, 2005, Approximatley 65 entries participated in the parade with approximately 8,000 spectators. Following the parade, the annual4'h of July Extravaganza and Fireworks show was held at the Ronald Reagan Sports Park with approximately 14,000 in attendance. The Recreation Division staff is currently conducting several summer programs and activities including the annual Summer Sunsets Film and Concert Series, the annual Summer Day Camp, the annual SMART and SMART Art Cart program, along with a busy aquatics program, family fun nights, excursions, etc. R:\ZIGLERGIXDEPTRPTl0705.doc REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 12, 2005 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:18 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, ROLL CALL PRESENT: 5 AGENCY MEMBERS Comerchero, Edwards, Naggar, Washington, and Roberts ABSENT: 0 AGENCY MEMBERS: None Also present were Assistant Executive Director O'Grady, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 28, 2005. 2 Revision of the Residential Improvement Proaram RECOMMENDATION: 2.1 Approve the revised program parameters for the Residential Improvement Program, MOTION: Agency Member Naggar moved to approve Consent Calendar items Nos. 1-2, Agency Member Edwards seconded the motion and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comments, AGENCY MEMBERS' REPORTS No additional comments. , R:\Minutes.rdaI071205 ADJOURNMENT At 7:19 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 26, 2005 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.rdaI071205 2 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FI~ CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: Executive Director/Agency Members Q n RM John Meyer, Redevelopment Director <:JYV - \ DATE: July 26, 2005 SUBJECT: Status Update on the Temecula Education Center RECOMMENDATION: Receive and File BACKGROUND: On March 16, 2004, the Agency entered into a Disposition and Development Agreement (DDA) with the AGK Group, LLC to develop the Temecula Education Complex, On December 7, 2004, the Agency Board approved the Second Amendment to the DDA increasing the financial contribution and extending the schedule of performance by six months. DISCUSSION: At its June 28, 2005 meeting the City Council approved the Development Plan, Plan Development Overlay, Development Agreement and Tentative Parcel Map for the Temecula Education Center. In addition to the above mentioned entitlements, the Council also adopted a Third Amendment to the DDA. This included the License Agreement for the remediation work, which will allow the AGK Group to begin the mass grading and soil remediation prior to taking ownership of the property, Staff and the design team are continuing to meet on a bi-weekly basis, The design team has moved into the construction drawing phase, The first set of plan check comments on the mass grading plan have been prepared and returned to the applicant. The next significant milestone is January of 2006, when the AGK Group will close on Phase I of the property, CONCLUSION: Staff believes the developer remains committed to moving the project forward as quickly as possible. He has spent considerable resources on project design and special studies. R:\Educatior1corrpIex\Council Upc\al8 July 26. 2005.doc RDA DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: John Meyer, Redevelopment Director DATE: July 26,2005 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of July 26, 2005 for the Redevelopment Department. ' First Time Homebuvers Proaram Funding in the amount of $100,000 is available for FY 05 -06. ResidentiallmDrovement Programs The program budget for FY 04-05 is $250,000, with $209,034 funded on 57 units. The program budget for FY 05-06 is $250,000 and the amount available to each participant increased from $5,000 to $7500. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity to develop a home-ownership project within the Pujol Neighborhood, The project located on the northwest corner of Pujol and First Streets, will consist of 5 new single-family detached homes. The houses are arranged along Pujol Street and a private lane, Habitat has resubmitted final grading plans, street improvements and final map to Public Works for review. Old Town Community Theater Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February 10, 2004 City Council meeting in the amount of $7,168,000, Construction has begun and should be completed in the fall of 2005. R:\SYERSK\MONTHLL Y\july05.doc 1 CamDUS Proiect The Redevelopment Agency entered into a Disposition and Development Agreement with AGK Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The facility will consist of mixed-income apartments, retail facilities, parking and participating college universities. On May 4, the Planning Commission recommended approval of the project's entitlements. The City Council approved these entitlements at the June 28 Council meeting, The Council also adopted a Third Amendment to the DDA, This included the License Agreement for the remediation work, which will allow the AGK Group to begin the mass grading and soil remediation prior to taking ownership of the property, The project should be completed in Fall of 2006. Facade ImDrovementINon-Conformina Si!:m Proaram The following facade improvement/sign projects are in process or have recently been completed: · Belinda McCauley Photography Sign Program · Tungle Toy Sign Program · Texas Lil's Fayade Improvement Program · Old Town Coffee House Fayade Improvement Program Old Town PromotionslMarketina Hot Summer Fridav NiahtslMain Street Saturday Nights "Hot Summer Friday Nights" kicked off it's annual series of events in Old Town July 8. The Friday nights featured entertainment adventures with live bands, games and prizes for the children, a rock wall, Dynamite Dave and free family fun under the stars. Each Friday featured a new theme, varying form Blues, Rocking Cajun, Steel Drum, Jazz and Power Rock from 6:30 to 11 p.m. Froggy Jump and a mini-midway with games for the kids were also part of the family fun. Friday Hot Summer Nights were held every Friday through August 26, On Saturday, July 16, a new concert series was introduced to Old Town, "Main Street Saturday Nights in Old Town Temecula," Live on stage, Saturday, July 16 at the Main Street Bridge, was the country performance of the Drew Davis Band, Brian Lynn Jones & the Misfit Cowboys, and Dave Stamey. Other concerts will include Bluegrass Saturday, featuring the Witcher Bros. and Silverado Bluegrass on August 20, and Blues Saturday featuring BB Chung King and the Buddhaheads, and Aunt Kizzy'z Boyz on September 17, Individuals dining in participating restaurants in Old Town Friday or Saturday during these concert weekends will receive preferred seating with their Old Town arm band, R:\sYERSKIMONTHLL V'juJy05.doc 2 I TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY APRIL 12, 2005 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:07 P,M" in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AUTHORITY MEMBERS: Edwards, Naggar, Roberts, Washington, and Comerchero ABSENT: o AUTHORITY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones, PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 25, 2005. MOTION: Authority Member Naggar moved to approve Consent Calendar Item No, 1. The motion was seconded by Authority Member Edwards and electronic vote reflected unanimous approval. CONVENE A JOINT MEETING OF THE CITY COUNCIL AND TEMECULA PUBLIC FINANCING AUTHORITY 2 Initial Actions Related to Issuance of Additional Bonds for Community Facilities District No, 03-1 (Crowne Hill) RECOMMENDATION: 2,1 That the City Council adopt a resolution entitled: RESOLUTION NO. 05-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT-CROWNE HILL R:IMinutes. tpfal041205 2,2 That the Temecula Public Financing Authority adopt a resolution entitled: RESOLUTION NO. TPFA 05-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE ISSUANCE OF ADDITIONAL BONDS FOR THE CROWNE HILL COMMUNITY FACILITIES DISTRICT NO. 03-1, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO Finance Director Roberts presented the staff report (of record,) MOTION: Authority Member Naggar moved to approve Item No. 2.1 and 2,2, The motion was seconded by Authority Member Edwards and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT None given, BOARD MEMBERS' REPORTS None given, ADJOURNMENT At 8:09 P,M" the Temecula Public Financing Authority Meeting was formally adjourned. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:\Minutes.tpfa\041205 2 ITEM 2 APPROVAL ,-L') C'TY ATI'ORNEY -vJ'j DIR. OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2005 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On July 22,2003 the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District). The resolution of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On October 28, 2003, resolutions were adopted forming the District and declaring the necessity to incur bond indebtedness, On November 18, 2003, the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds, On December 18, 2003 special tax bonds in the amount of $30,990,000 were issued. Proceeds of the bonds in the amount of $4,409,530 were used to discharge the assessment liens on property in the District for the County's Assessment District No. 159. Additional proceeds are being used to finance various public improvements specified in the CFD proceedings, The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy, as calculated by the City's Special Tax Consultant, required for the 2005-06 fiscal year is $2,212,968,00, FISCAL IMPACT: $2,212,968,00. ATTACHMENTS: .Special Tax Calculation Worksheet -Resolution No. TPFA 05- The calculated special tax levy required for the 2005-06 fiscal year is RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) WHEREAS, the Temecula Public Financing Authority is the legislative body for Community Facilities District No, 03-3 (Wolf Creek) (the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessrnent on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body for Community Facilities District No. 03-3 (Wolf Creek) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $2,212,968.00 on the taxable parcels located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty Engineering Group, Inc. to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A, Payrnent of principal and interest on the outstanding authorized bonded indebtedness, B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf Creek)" on the next County assessment roll on which taxes will becorne due, Section 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected, Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 26th day of July, 2005. Jeff Comerchero, Chairperson ATTEST: Susan W, Jones, CMC City Clerk! Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th day of July, 2005 by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: ABSENT: DIRECTORS: DIRECTORS: Susan W. Jones, CMC City Clerk!Authority Secretary Bonds Outstanding Delinquency Rate for Fiscal Year 2003-04 Delinquency Rate for Fiscal Year 2004-05 Current # of parcels March 2006 Interest September 2006 Interest September 2006 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Surplus/(Deficit) Reserve Adjustment Total Obligation $2,171,120.00 $2,171,126.49 $6.49 $0.00 Fiscal Agent Tax Consultant Auditor .Controller Auditor.Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Foreclosure Counsel Arbitrage Rebate Calculation City District Administration Total Administration $0.16 $0.34 FY 04-05 Actual $7,307.83 $10,000.00 $40,00 $0.64 $1.40 $0.00 $0.00 $30,000,00 $47,349.87 $30,490,000.00 N/A 0.00% 558 $828,717.50 $828,717.50 $510,000.00 $2,167,435.00 .$6.49 $0.00 $2,167,428.51 FY 05-06 !&l $6,100.00 $10,000.00 $35,71 $89.28 $189.72 $0.00 $0.00 $30,000.00 $46,414.71 Difference ($1,207,83) $0.00 ($4,29) $88.64 $188.32 $0.00 $0,00 $0,00 ($935.16) $2,167,428.51 $46,414.71 ($875.22) $2,212,968,00 $4,002,416,78 2.10% 1,36% $2,212,968.00 $0.00 IJ~I $2,120,089.40 $92,878,60 4.20% ACCOUNT FUNDS BALANCE AVAILABLE ACCOUNT DESCRIPTION Mav 31 , 2005 FOR SEPT P & I Special Tax Fund $1,244,288.32 $1,244,288.32 City Improvement Fund $7,313,689,99 Prepayment Account $0,00 Cap Interest Fund $6,997.68 $6,997.68 EMWD Improvement Fund $3,700,448,29 Acquisition Account $10,112,167.39 Cost of Issuance $0,00 Reserve Fund $2,171,126.49 Bond Fund $43,806.72 $43,806.72 Interest Account $0,00 Principal Account $0,00 Administrative Account $89,619,91 $40,000.00 Earnings Fund $0.00 $0.00 Rebate Fund $0,00 Subtotal $24,682,144.79 $1,335,092.72 Proposed Admin Transfer $0.00 Collection $0.00 Subtotal $1,335,092.72 Funds Needed for Sept. 2005 P & I $1,334,217.50 ~":l~~'ft:ijJ'L _===-- ~_. _ .-- .~_=-.~_ _" - ____ 0::;rfb?W:: Other Soures: Reserve Fund Total of Other Sources $2,171,126.49 $2,171,126.49 ITEM 3 APPROVAL 'eiJ CITY ATTORNEY~.~;?, DIR, OF FINANCE CITY MANAGER TEMECUlA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2005 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-6 (Harveston II) PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE lEVY OF A SPECIAL TAX IN COMMUNITY FACiliTIES DISTRICT NO. 03-6 (HARVESTON II) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On October 22, 2003 the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On November 25, 2003, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness, On August 10,2004 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds, On August 26, 2004 special tax bonds in the amount of $4,845,000 were issued. The proceeds of the bonds will be used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District The special tax levy, as calculated by the City's Special Tax Consultant, required for the 2005-06 fiscal year is $355,574.95, FISCAL IMPACT: $355,574,95. The calculated special tax levy required for the 2005-06 fiscal year is Attachments: -Special Tax Calculation Worksheet -Resolution No. TPFA 05- RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECUlA PUBLIC FINANCING AUTHORITY AUTHORIZING THE lEVY OF A SPECIAL TAX IN COMMUNITY FACiliTIES DISTRICT NO. 03-6 (HARVESTON II) WHEREAS, the Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-6 (Harveston II)(the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Directors has enacted Ordinance No, TPFA 03-03 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body for Community Facilities District No, 03-6 (Harveston II) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, there is to be levied an aggregate special tax of $355,574.95 on the taxable parcels located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty Engineering Group, Inc. to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No, TPFA 03-27 and Ordinance No, TPFA 03-03, and is not in excess of that previously approved by the qualified electorate of the CFD, Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C, Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-27 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No, 03-6 (Harveston II)" on the next County assessment roll on which taxes will become due, Section 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected, Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 26'h day of July, 2005, Jeff Comerchero, Chairperson ATTEST: Susan W, Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th day of July, 2005 by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City Clerk/Authority Secretary Bonds Outstanding Delinquency Rate for Fiscal Year 2003-04 Delinquency Rate for Fiscal Year 2004-05 Current # of parcels $4.845,000.00 N/A 0.00% 676 March 2006 Interest September 2006 Interest September 2006 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Surplus/(Deficit) Reserve Adjustment Total Obligation $125.288.75 $125.288.75 $85.000.00 $335.577.50 $337.875.00 $341 ,225.45 $3.350.45 -$3.350.45 $0.00 $332,227.05 Fiscal Agent Tax Consultant Auditor -Controller Auditor-Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Foreclosure Counsel Arbitrage Rebate Calculation City District Administration Total Administration $0.16 $0.34 FY 05-06 ~ $4.500.00 $5.500.00 $35.71 $108.16 $229.84 $0.00 $0.00 $15.000.00 $25,373.71 $332,227.05 $25,373.71 ($2,025.81 ) $355,574.95 $436,851.00 7.14% 4.22% 100.00% ACCOUNT DESCRIPTION ACCOUNT BALANCE Mav 31. 2005 FUNDS AVAILABLE FOR SEPT P & I Special Tax Fund Improvement Fund Prepayment Account Cap Interest Fund EMWD Imprv Fund Acquisition Account Cost of Issuance Reserve Fund Bond Fund Interest Account Principal Account Administrative Account Earnings Fund Rebate Fund $0.00 $3.863.390.85 $0.00 $127,314.56 $0.00 $0.00 $0.00 $341.225.45 $0.00 $0.00 $0.00 $10.585.35 $0.00 $0.00 $0.00 $127,314.56 $0.00 $0.00 Subtotal $4,342,516.21 $127,314.56 Proposed Admin Transfer $0.00 Collection $0.00 Subtotal $127,314.56 Funds Needed for Sept. 2005 P & I $125,288.75 ~~ Other Soures: Reserve Fund $341.225.45 Total of Other Sources $341.225.45 ITEM 4 APPROVAL j. ~ CITY ATTORNEY Y-V. DIR. OF FINANCE CITY MANAGER TEMECUlA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26, 2005 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECUlA PUBLIC FINANCING AUTHORITY AUTHORIZING THE lEVY OF A SPECIAL TAX IN COMMUNITY FACiliTIES DISTRICT NO. 03-1 (CROWNE Hill) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On January 28, 2003 the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On March 25, 2003, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On June 24, 2003 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds in an amount up to $25,000,000. On July 24, 2003 special tax bonds in the amount of $12,155,000 were issued. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. On July 26, 2005, the City Council and Authority Board of Directors will consider a resolution authorizing issuance of additional special tax bonds in the amount of $6,000,000 for improvements not funded in the original issue. Pending Council approval of this issue, the maximum special tax levy, as calculated by the City's Special Tax Consultant, required for the 2005-06 fiscal year is $1,137,837.44, which includes both the original issue and projected amounts for the second issue. FISCAL IMPACT: is $1,137,837.44. The calculated maximum special tax levy required for the 2005-06 fiscal year ATTACHMENTS: -Special Tax Calculation Worksheet -Resolution No. TPFA 05- RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) WHEREAS, the Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), created pursuantto the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body for Community Facilities District No. 03-1 (Crowne Hill) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $1 ,137,837.44 on the taxable parcels located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty Engineering Group, Inc. to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor-Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne Hill)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 26th day of July, 2005. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC City Clerk! Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th day of July, 2005, by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: DIRECTORS: ABSENT: Susan W. Jones, CMC City Clerk! Authority Secretary Delinquency Rate for Fiscal Year 2003-04 Delinquency Rate for Fiscal Year 2004-05 Current # of parcels 3.00% 2.58% 776 Total Obligation Total Administration Prior Year Deficit (Surplus) Total Requirement Maximum Authorized Tax Administration % of Levy District % of Levy Total Calculated Levy' Ad'ustment Per District Series 2003 Series 2005' Total $11,805,000.00 3,935,000 $15,740,000.00 $328,805.63 $114,028.33 $442,833.96 $328,805.63 $114,028.33 $442,833.96 $205,000.00 $15,000.00 $220,000.00 $862,611.26 $243,056.65 $1,105,667.91 $863,900.00 $245,318.76 $1,109,218.76 $863,904.18 $245,318.76 $1,109,222.94 ($4.18) $0.00 ($4.18) $862,607.08 $243,056.65 $1 ,105,663.73 FY 04-05 FY 05-06 Actual ~ Difference $6,743.31 $5,250.00 ($1,493.31 ) $8,500.00 $8,500.00 $0.00 $40.00 $35.71 ($4.29) $0.16 $106.56 $124.16 $17.60 $0.34 $233.10 $263.84 $30.74 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18,000.00 $18,000.00 $0.00 $33,622.97 $32,173.71 ($1,449.26) $1,105,663.73 $32,173.71 $0.00 $1,137,837.44 $1,485,059.00 2.83% 1.58% Bonds Outstanding March 2006 Interest September 2006 Interest September 2006 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Surplus/(Deficit) Total Obligation Fiscal Agent Tax Consultant Auditor -Controller Auditor-Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Foreclosure Counsel Arbitrage Rebate Calculation City District Administration Total Administration FY 2004-05 Levy Difference (due to Series B issue) $911,826.20 $226,011.24 19.86% . Issuance of Series B bonds is expected In August, 2005. The amounts projected here are maximum amounts. These amounts are subject to change pending bond sale. ACCOUNT DESCRIPTION Series 2003 ACCOUNT BALANCE Mav 31. 2005 FUNDS AVAILABLE FOR SEPT P & I Special Tax Fund City Improvement Fund Cap Interest Fund Acquisition Account Bond Fund Reserve Fund Cal Trans Improvement Fund Interest Account Principal Account Administrative Account Earnings Fund Rebate Fund $495,733.81 $968,404.62 $31.83 $1,295,916.61 $20,707.55 $863,904.18 $517,697.03 $0.00 $0.00 $75,587.76 $0.00 $0.00 $495,733.81 $31.83 $20,707.55 $0.00 $0.00 $15,332.44 $0.00 Subtotal $4,237,983.39 $531,805.63 Proposed Admin Transfer Collection Subtotal Funds Needed for Sept. P & I Pro'ected Admin Transfer e Other Soures: Reserve Fund Total of Other Sources $0.00 $531,805.63 $531,805.63 $863,904.18 $863,904.18 ITEM 5 APPROVAL u.l.on-;] CITY ATTORNEY -u;r (Ji!jl./ DIR. OF FINANCE~ CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 26,2005 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) PREPARED BY: Polly von Richter, Senior Debt Analyst ~ RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency to assist in the refinancing of the Winchester Hills CFD 98-1. The Winchester Hills 98-1 CFD was originally established to refinance delinquent assessments and to prepay and discharge all future assessment liens on properties within the District levied by the County of Riverside acting through its Assessment District 161 and Assessment District 156. On December 11, 2001 the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On March 26, 2002, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On August 13, 2002 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On August 28,2002 special tax bonds in the amount of $17,310,000 were issued. The proceeds of the bonds were applied to the pay the redemption price of $11,025,000 of the 1998 Winchester Hills bonds and to establish an escrow fund for the payment of $560,000 of the 1998 bonds on their sinking fund payment dates or maturity date. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District and a letter of credit provided by the developer. The special tax levy, as calculated by the City's Special Tax Consultant, required for the 2005-06 fiscal year is $916,582.00 which is the sum of CFD 01-2 A & B (as noted in exhibits). FISCAL IMPACT: $916,582.00. The calculated special tax levy required for the 2005-06 fiscal year is ATTACHMENTS: -Special Tax Calculation Worksheet -Resolution No. TPFA 05- RESOLUTION NO. TPFA 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) WHEREAS, the Temecula Public Financing Authority is the legislative body for Community Facilities District No. 01-2 (Harveston)(the "CFD"), created pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the "Act"); and WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body for Community Facilities District No. 01.2 (Harveston) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, there is to be levied an aggregate special tax of $916,582.00 on the taxable parcels located in the CFD for Fiscal Year 2005-06 as set forth on a magnetic tape to be provided by Canty Engineering Group, Inc. to the Auditor-Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor.Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2 (Harveston)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor-Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 26th day of July, 2005. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC City Clerk! Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 26th day of July, 2005 by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City Clerk!Authority Secretary Bonds Outstanding Delinquency Rate for Fiscal Year 2003-04 Delinquency Rate for Fiscal Year 2004-05 Projected buildout # of parcels Avg. Interest 1.74% 2006 Interest 2006 Principal Total 2005/2006 Debt Service Reserve Fund Requirement Current Reserve Fund Balance Surplus/(Deficit) Reserve Adjustment Total 2005/2006 Obligation $0.00 $0.00 Fiscal Agent Tax Consultant Auditor -Controller Auditor-Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Standard & Poors Arbitrage Rebate Calculation Remarketing Fee Foreclosure Counsel Letter of Credit Fee City District Administration Total Administration FY 04-05 Actual $9,085.00 $10,000.00 $80.00 $104.16 $227.85 $3,500.00 $500.00 $15,582.62 $0.00 $216,375.00 $25,000.00 $280,454.63 $0.16 $0.34 0.09% 1.250% Total 200512006 Obligation Total Administration Total Requirement Maximum Special Tax Developed Assigned Special Tax $17,310,000.00 0.12% 3.23% 1,004 $301,383.06 $0.00 $301 ,383.06 $0.00 $0.00 $301,383.06 FY 05-06 Levv $6,760.00 $10,000.00 $71.42 $160.64 $341.36 $3,500.00 $0.00 $15,579.00 $0.00 $216,375.00 $25,000.00 $2n,787.42 $301,383.06 $2n,787.42 $579,170.48 $2,009,760.74 $71 0,306.00 Administration % of Levy District % of Levy Total Calculated Levy $710,306.00 A~ $0.00 ~ ~~~~l FY 2004-05 Levy $453,451.88 Difference $256,854.12 Difference ($2,325.00) $0.00 ($8.58) $56.48 $113.51 $0.00 ($500.00) ($3.62) $0.00 $0.00 $0.00 ($2,667.21) 39.11% 3.52% 36.16% ACCOUNT DESCRIPTION ACCOUNT BALANCE Mav 31. 2005 FUNDS AVAILABLE FOR SEPT P & I Special Fund Improvement Fund Prepayment Account Cap Interest Fund Redemption Fund Cost of Issuance Interest Differential Account Interest Account Principal Account Administrative Account Earnings Fund Rebate Fund Req: $129,825 $1,288,711.17 $2,826,361.06 $0.00 $0.00 $7,632.35 $0.00 $132,828.50 $0.00 $0.00 $529,553.81 $0.00 $0.00 $1,288,711.17 $0.00 $3,003.50 $0.00 $0.00 $0.00 Subtotal $4,785,086.89 $1,291,714.67 Total Funds Available Collection Subtotal Funds Needed for P & I Pro'ected Admin Transfer $1,291,714.67 $0.00 $1,291,714.67 $0.00 $0.00 Other Soures: Reserve Fund Total of Other Sources $132,828.50 $132,828.50 , Pursuant to the Rate and Method of Apportionment, the Authority must levy a maximum tax regardless of existing surpluses. At such time these bonds are converted from variable to fixed rate, the surplus Special Tax Funds will be used to reduce the debt. Service provided City Administration FY 04-05 FY 05-06 Actual ~ Difference $196,776.00 $196,776.00 $0.00 $9,500.00 $9,500.00 $0.00 $206,276.00 $206,276.00 $0.00 Total Administration Prior Year Annual Amount Authorized annual increase Maximum Special Tax Balter 10 years $206,276.00 1.00% $227,857.03 ~ -_~ ~_h_ :_uc -=====-=- -==_-==-~ FY 2004-05 Levy $206,276.00 Difference $0.00 ITEM 6 APPRQ\f. CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY COUNCIL! TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: City Council/Temecula Public Financing Authority FROM: City Manager/Executive Director Shawn Nelson DATE: July 26,2005 SUBJECT: Approval of Issuance of Parity Bonds for Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 1 . That the City Council hold a public hearing regarding the proposed issuance of an additional series of bonds by the Temecula Public Financing Authority for its Community Facilities District No. 03-1 (Crowne Hill), and adopt the resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) 2. That the Board of Directors of the Temecula Public Financing Authority adopt a resolution entitled: RESOLUTION NO. TPFA 05-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SERIES 2005-B SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL), AND APPROVING RELATED DOCUMENTS AND ACTIONS BACKGROUND: On March 25, 2003, the Board of Directors of the Authority formed the Temecula Public Financing Authority for its Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), and authorized the issuance of up to $25,000,000 of special tax bonds for the CFD to finance various public improvements. On August 7,2003, the Authority issued $12,155,000 principal amount of Series 2003-A Bonds for the CFD, and the Authority retained the jurisdiction to issue additional bonds up to the maximum bonded indebtedness authorized for the CFD. At the time of the issuance of the Series 2003-A Bonds, the Authority entered into a Fiscal Agent Agreement providing the terms of the Series 2003-A Bonds and an Acquisition- Agreement with Lennar Homes of California ("Lennar") pursuant to which the Authority agreed to acquire certain public improvements being constructed by Lennar with proceeds of the Series 2003-A Bonds. The Fiscal Agent Agreement and the Acquisition Agreement each contemplated that the Authority would issue an additional series of bonds to provide additional financing for the public improvements to be constructed by Lennar as set forth in the Acquisition Agreement. Lennar has now requested that the Authority authorize the issuance of an additional series of bonds in an amount not to exceed $6,000,000 for improvements that were not funded in the original series. In that regard, various documents have been prepared relative to the issuance of the additional bonds by the Authority for the CFD, including (i) a First Supplemental Fiscal Agent Agreement which provides the terms of the bonds to be issued; (ii) a Preliminary Official Statement which describes the bond program, to be used to assist in the offering of the bonds to potential investors; (iii) a Bond Purchase Agreement, whereby the bonds will be sold by the Authority to Stone & Youngberg LLC (the "Underwriter") for sale by the Underwriter to the public; (iv) a Continuing Disclosure Agreement pursuant to which the Authority will agree to provide certain information regarding the bond program to bond investors and certain nationally-recognized information repositories; and (v) a Supplement No. 1 to Acquisition Agreement, which revises the original Acquisition Agreement with Lennar to reflect the actual costs of the various facilities being constructed. City Staff and consultants have reviewed these documents and they are now in form ready for approval by the Board of Directors so that the sale and issuance of the additional bonds for the CFD can occur. If the Board of Directors adopts the Resolution authorizing the issuance of the bonds, it is expected that the bonds will be issued on or after August 18, 2005. Under the California Government Code, the issuance of bonds by the Authority for the CFD must be approved by the City Council following a public hearing conducted by the City Council. A notice of public hearing has been published, and the City Council is requested to hold the public hearing at which members of the public may provide testimony on the bond issue and the public improvements to be financed. Following the public hearing, the City Council is requested to adopt a resolution approving the issuance of the additional bonds by the Authority for the CFD. SPECIFIC ACTIONS: That the City Council hold a public hearing on the issuance of bonds by the Authority for the CFD, and adopt a resolution approving the bond issue. That the Authority adopt the resolution authorizing the issuance of the bonds and approving the documents related thereto. FISCAL IMPACT: This Series B bond issue of $6,000,000 combined with the original issue of $12,155,000 does not exceed the maximum special tax bond issuance of $25,000,000. -2- The bonds will not be obligations of the City of Temecula, or general obligations of the Authority or the CFD, but will be limited obligations of the Authority for the CFD secured solely by the special taxes levied in the CFD and amounts held in certain funds and accounts established under the Fiscal Agent Agreement, as supplemented by the First Supplemental Fiscal Agent Agreement. All costs of issuance of the bonds will be paid from the proceeds of the bonds. All administrative costs of the CFD and the bonds will be paid from proceeds of the special taxes levied in the CFD. The CFD is authorized to levy special taxes to repay its indebtedness, and to pay the annual costs of administration of the CFD. The CFD is only authorized to levy the special taxes on land included within the boundaries of the CFD. Attachments: Resolutions (2) First Supplemental Fiscal Agent Agreement Preliminary Official Statement Bond Purchase Agreement Continuing Disclosure Agreement Supplement No.1 to Acquisition Agreement -3- RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula have heretofore entered into a Joint Exercise of Powers Agreement establishing the Temecula Public Financing Authority (the "Authority") for the purpose, among others, of issuing its bonds to finance public capital improvements; and WHEREAS, on March 25, 2003 the Board of Directors of the Authority adopted Resolution No. TPFA 03-05 forming the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), and on August 7, 2003, the Authority issued, for the CFD, $12,155,000 principal amount of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A to finance various public improvements within the City of Temecula (the "Improvements"); and WHEREAS, the Authority now intends to issue another series of bonds for the CFD (the "Bonds") to provide additional funding for the Improvements; and WHEREAS, the City Council has on this date held a duly noticed public hearing on the financing of the Improvements with the proceeds of the Bonds, as required by Section 6586.5(a) of the California Government Code; and WHEREAS, the City Council now desires to make a finding of significant public benefit, pursuant to Section 6586.5(a)(2) of the California Government Code, and to approve of the financing of the Improvements with the proceeds of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Findinqs and Determinations. The City Council hereby finds that significant public benefits will arise from the financing of the Improvements with the proceeds of the Bonds, in accordance with Section 6586 of the California Government Code. Section 2. Approval of Financinq. The City Council hereby approves the financing of the Improvements with the proceeds of the Bonds, and the issuance of the Bonds by the Authority for the CFD. Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a meeting held on the 26th day of July, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 05._ was duly adopted at a special meeting of the City Council of the City of Temecula on the 26th day of July, 2005, by the following roll call vote: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: NOES: Susan W. Jones, CMC City Clerk 2 RESOLUTION NO. TPFA OS-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SERIES 2005-B SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL), AND APPROVING RELATED DOCUMENTS AND ACTIONS WHEREAS, the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") has conducted proceedings under and pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Law"), to form the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "Districf'), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes the proceeds of which are to be used to finance the costs of certain public facilities (the "Facilities"), all as described in Resolution No. TPFA 03-05, adopted by the Board of Directors on March 25, 2003; and WHEREAS, pursuant to said proceedings, on August 7, 2003, the Authority, for and on behalf of the District: (i) entered into a Fiscal Agent Agreement, dated as of July 1, 2003 (the "Original Fiscal Agent Agreemenf'), with U.S. Bank National Association, as fiscal agent thereunder (the "Fiscal Agenf'); and (ii) issued $12,155,000 initial principal amount of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "Series 2003-A Bonds"); and WHEREAS, the Original Fiscal Agent Agreement provides for the issuance by the Authority for the District of Parity Bonds, as defined therein, secured on a parity with the Series 2003-A Bonds, in order to provide additional financing for costs of the Facilities; and WHEREAS, there have been submitted to the Board certain documents providing for the issuance of a second series of bonds of the Authority for the District (the "Series 2005-B Bonds"), and the use of the proceeds of the Series 2005-B Bonds to finance the Facilities and the Board, with the assistance of officers of the Authority, has reviewed said documents and found them to be in proper order; and WHEREAS, on the date hereof, the City Council of the City of Temecula held a public hearing regarding the financing of the Facilities with the proceeds of the Series 2005-B Bonds and, following such hearing, the City Council adopted a resolution finding that significant public benefits will arise from the financing of the Improvements; and WHEREAS, following the adoption of this Resolution, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Series 2005-B Bonds as contemplated by this Resolution and the documents referred to herein exist, will have happened and will have been performed in due time, form and manner as required by the laws of the State of California, including the Law. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. Authorization of Issuance of Bonds. Pursuant to the Law, this Resolution and the Fiscal Agent Agreement (hereafter defined), the Series 2005-B Bonds, designated as "Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) - Special Tax Bonds, Series 2005-B" in an aggregate principal amount not to exceed $6,000,000 are hereby authorized to be issued and sold as provided herein. The Series 2005-B Bonds shall be "Parity Bonds" under and as defined in the Original Fiscal Agent Agreement, and shall be executed in the form set forth in and otherwise as provided in the Original Fiscal Agent Agreement, as supplemental by the First Supplemental Fiscal Agent Agreement referenced below. Section 2. Determinations. In connection with the authorization, sale and issuance of the Series 2005-B Bonds, the Board hereby makes the following determinations: (a) the structure of the proposed financing is consistent with the applicable sections of the Authority's local goals and policies for community facilities districts, adopted by the Board on April 10, 2001, including the minimum value to lien ratio required thereby; (b) the sale of the Series 2005-B Bonds at a negotiated sale as contemplated by the Purchase Contract (defined below) will result in a lower overall cost; (c) the conditions precedent to the issuance of the Series 2005-B Bonds as Parity Bonds under clauses (A), (B), (C), (D), (E) and (F) of Section 2.14 of the Fiscal Agent Agreement have been satisfied; and (d) significant public benefits will arise from the financing of the Facilities with proceeds of the Series 2005-B Bonds. Section 3. Approval of First Supplemental Fiscal Aoent Aoreement. The First Supplemental Fiscal Agent Agreement (the "Supplement") with respect to the Series 2005-B Bonds, in the form presented to the Board at this meeting, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Supplement in said form, with such additions thereto or changes therein as are approved by the Executive Director, upon consultation with Bond Counsel, including such additions or changes as are necessary or advisable in accordance with Section 9 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Supplement by the Executive Director. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Series 2005-B Bonds shall be as provided in the Original Fiscal Agent Agreement, as amended and supplemented by the Supplement as finally executed (collectively, the "Fiscal Agent Agreemenf'). Section 4. Approval of Bond Purchase Contract. The bond purchase agreement for the Series 2005-B Bonds (the "Purchase Contracf') between the Authority and Stone & Youngberg LLC (the "Underwriter"), in the form presented to the Board at this meeting, is hereby approved. The Executive Director is hereby authorized and directed, for and in the name and on behalf of the Authority, to accept the offer of the Underwriter to purchase the Series 2005-B Bonds contained in the Purchase Contract (provided that the initial aggregate principal amount of the Series 2005-B Bonds sold thereby is not in excess of $6,000,000, the true interest cost on the Series 2005-B Bonds is not in excess of 7.00% per annum and the underwriter's discount is not in excess of 3.00% of the initial aggregate principal amount of the Series 2005-B Bonds) and to execute and deliver the Purchase Contract in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Bond Counsel, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Purchase Contract by the Executive Director. Section 5. Approval of Official Statement. The preliminary official statement relating to the Series 2005-B Bonds (the "Preliminary Official Statemenf'), in the form presented to the Board at this meeting, is hereby approved. The Executive Director is hereby authorized and directed, for and in the name and on behalf of the Authority, to make changes to the Preliminary Official Statement prior to its dissemination to prospective investors, and to bring the Preliminary Official Statement into the form of a final official statement (the "Official Statement") -2- including such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Disclosure Counsel. The Executive Director is hereby authorized and directed to execute and deliver the Official Statement. The Underwriter is hereby authorized to distribute copies of the Preliminary Official Statement to persons who may be interested in the purchase of the Series 2005-B Bonds and is directed to deliver copies of the Official Statement to all actual purchasers of the Series 2005-B Bonds. The Executive Director is hereby authorized to execute a certificate or certificates to the effect that the Official Statement and such preliminary official statement were deemed "final" as of their respective dates for purposes of Rule 15c2-12 of the Securities Exchange Act of 1934, and is authorized to so deem such statements final. Section 6. Approval of Continuinq Disclosure Aqreement. The Continuing Disclosure Agreement (the "Disclosure Agreement") of the Authority, in the form presented to the Board at this meeting, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Disclosure Agreement in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Disclosure Counsel and Bond Counsel (including such additions or changes therein as are necessary or advisable in accordance with Section 9 hereof), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Disclosure Agreement by the Executive Director. Section 7. Approval of Supplement NO.1 to Acquisition Aqreement. The Supplement No. 1 to Acquisition Agreement (the "Acquisition Agreement Supplemenf') between the Authority and Lennar Homes of California, Inc., in the form presented to this Board of Directors at this meeting, is hereby approved. The Executive Director is hereby authorized and directed to execute and deliver the Acquisition Agreement Supplement in said form, with such additions thereto or changes therein as are recommended or approved by such officer upon consultation with Bond Counsel (including such additions or changes therein as are necessary or advisable in accordance with Section 9 hereof), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Acquisition Agreement Supplement by the Executive Director. Section 8. Delivery of Bonds. The Series 2005-B Bonds, when executed, shall be delivered to the Fiscal Agent for authentication. The Fiscal Agent is hereby requested and directed to authenticate the Series 2005-B Bonds by executing the Fiscal Agent's certificate of authentication and registration appearing thereon, and to deliver the Series 2005-B Bonds, when duly executed and authenticated, to the Underwriter in accordance with written instructions executed on behalf of the Authority by the Executive Director, which instructions such officer is hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver to the Fiscal Agent. Such instructions shall provide for the delivery of the Series 2005-B Bonds to the Underwriter in accordance with the Purchase Contract, upon payment of the purchase price therefor. Section 9. Further Actions. All actions heretofore taken by the officers and agents of the Authority with respect to the establishment of the District and the sale and issuance of the Series 2005-B Bonds are hereby approved, confirmed and ratified, and the proper officers of the Authority are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Series 2005-B Bonds in accordance with this Resolution, and any certificate, agreement, and other document described in the documents herein approved. Whenever in this -3- Resolution any officer of the Authority is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. Section 10. Effective Date. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 26th day of July, 2005. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC City Clerk!Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 05-_ was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 26th day of July, 2005, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: BOARDMEMBERS: ABSENT: Susan W. Jones, CMC City Clerk!Authority Secretary -4- TEMECULA PUBLIC FINANCING AUTHORITY CFD 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT Quint & Thirrunig LLP 07/18/05 FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent Dated as of August 1, 2005 Relating to: $ Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005-B 20009.070)8206 SECTION 1. Section 10.01. Section 10.02. Section 10.03. Section 10.D4. Section 10.05. Section 10.06. Section 10.07. Section 10.08. Section 10.09. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. TABLE OF CONTENTS Supplement to Original Fiscal Agent Agreement ......................................................................2 ARTICLE X SERIES 2005-B BONDS Definitions ....... ....................... ..................... ........................ ...............................2 Authorization of Series 2005-B Bonds.............................................................3 Terms of Series 2005-B Bonds...........................................................................3 Redemption of Series 2005-B Bonds ................................................................4 Form of Series 2005-B Bonds; Authentication and Delivery ........................6 Application of Proceeds of Sale of Series 2005-B Bonds ...............................7 2005 Costs of Issuance Fund.............................................................................7 Security for Series 2005-B Bonds......................................................................7 Effect of this Article X .......................................................................................7 Attachment of Exhibit B.................................................................................................................8 Additional Amendments to Original Fiscal Agent Agreement................................................8 Partial Invalidity.............. ............. .................................................... ....................................... .......9 Execution in Counterparts.......... ................ .................................................. ................ ............ ..... 9 Governing Law ...............................................................................................................................9 EXHIBIT A - FORM OF SERIES 2005-B BONDS -i- FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT THIS FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT (this "Supplemental Agreement No.1"), dated as of August 1, 2005, is by and between the TEMECULA PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority organized and existing under and by virhte of the laws of the State of California (the" Authority") for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District"), and U.s. BANK NATIONAL ASSOCIATION, as fiscal agent (the "Fiscal Agent") under a Fiscal Agent Agreement, dated as of July 1, 2003 (the "Original Fiscal Agent Agreement") by and between the Fiscal Agent and the Authority. RECITALS: WHEREAS, the Board of Directors of the Authority (the "Board") has formed the District under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311, et seq. of the California Government Code) (the" Act") and Resolution No. TPFA 03-05 of the Board adopted on March 25, 2003; WHEREAS, the Board, as the legislative body with respect to the District, is authorized under the Act to levy special taxes (the "Special Taxes") to pay for the costs of the District and to authorize the issuance of bonds secured by the Special Taxes under the Act; WHEREAS, pursuant to the provisions of the Act and the Original Fiscal Agent Agreement, on August 7, 2003, the Authority issued, for and on behalf of the District, $12,155,000 initial principal amount of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "Series 2003-A Bonds") for the purpose of financing various public improvements authorized to be funded by the District; WHEREAS, Section 2.14 of the Original Fiscal Agent Agreement authorizes the issuance by Supplemental Agreement of Parity Bonds (as such terms are defined in the Original Fiscal Agent Agreement) secured under the Original Fiscal Agent Agreement on a parity with the Series 2003-A Bonds; WHEREAS, after due investigation and deliberation the Authority has determined that it is in the interests of the Authority and the District at this time for the Authority, for and on behalf of the District, to provide for the issuance of its Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 200S-B in the initial aggregate principal amount of $ (the "Series 200S-B Bonds"), to finance costs of the public improvements authorized to be funded by the District; WHEREAS, this Supplemental Agreement No. 1 is a "Supplemental Agreement" as defined in Section 1.03 of the Original Fiscal Agent Agreement and the Series 200S-B Bonds are "Parity Bonds" as defined in Section 1.03 of the Original Fiscal Agent Agreement and are to be secured under the Original Fiscal Agent Agreement, as amended and supplemented by this Supplemental Agreement No.1, on a parity with the Series 2003-A Bonds; -1- --- WHEREAS, the Authority and the Fiscal Agent desire to enter into this Supplemental Agreement No.1 pursuant to Sections 2.14 and 8.01(E) of the Original Fiscal Agent Agreement, to provide for the issuance of the Series 2005-B Bonds; WHEREAS, in providing for the issuance of the Series 2005-B Bonds, it is necessary to supplement and amend the Original Fiscal Agent Agreement, as more particularly provided in Section 1 and Section 2 hereof, as such supplement and amendment are authorized by Sections 2.14 and 8.01(E) of the Original Fiscal Agent Agreement; and WHEREAS, the Authority has determined that all acts and proceedings required by law necessary to make the Series 2005-B Bonds, when executed by the Authority for the District, authenticated and delivered by the Fiscal Agent and duly issued, the valid, binding and legal special obligations of the Authority for the District, and to constitute the Original Fiscal Agent Agreement, as amended and supplemented by this Supplemental Agreement No. 1, a valid and binding agreement for the uses and purposes herein and therein set forth, in accordance with its terms, have been done or taken and the execution and delivery of this Supplemental Agreement No.1 have been in all respects duly authorized. AGREEMENT: NOW, THEREFORE, in consideration of the premises and the mutual agreements herein contained, and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: SECTION 1. Supplement to Original Fiscal Agent Agreement. In accordance with the provisions of Section 2.14 and 8.01(E) of the Original Fiscal Agent Agreement, the Original Fiscal Agent Agreement is hereby amended by adding a new article thereto, to be designated as Article X. Such Article X shall read in its entity as follows: ARTICLE X SERIES 2005-B BONDS Section 10.01. Definitions. Unless the context otherwise requires, the terms defined in this Section 10.01 shall, for all purposes of this Article X but not for any other purposes of this Agreement, have the respective meanings specified in this Section 10.01. All terms defined in Section 1.03 of this Agreement and not otherwise defined in this Section 10.01 shall, when used in this Article X, have the respective meanings given to such terms in Section 1.03. "Article X" means this Article X which has been incorporated in and made a part of this Agreement pursuant to Supplemental Agreement No.1, together with all amendments of and supplements to this Article X entered into pursuant to the provisions of Section 8.01. "Closing Date" means August ~ 2005, being the date upon which there was a physicalidelivery of the Series 2005-B Bonds in exchange for the amount representing the purchase price of the Series 2005-B Bonds by the Original Purchaser. -2- "2005 Costs of Issuance" means items of expense payable or reimbursable directly or indirectly by the Authority or the City and related to the authorization, sale and issuance of the Series 2005-B Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, closing costs, filing and recording fees, fees and charges of the Fiscal Agent, expenses incurred by the City or the Authority in connection with the issuance of the Series 2005-B Bonds, special tax consultant fees and expenses, absorption consultant and appraiser fees and expenses, bond (underwriter's) discount, financial consultant fees, legal fees and charges, including bond counsel, disclosure counsel, and landowner counsel, charges for execution, transportation and safekeeping of the Series 2005-B Bonds and other costs, charges and fees in connection with the foregoing. "2005 Costs of Issuance Fund" means the fund by that name established and held by the Fiscal Agent pursuant to Section 10.07. "Original Purchaser" means Stone & Youngberg LLC, the first purchaser of the Series 2005-B Bonds upon their delivery by the Fiscal Agent on the Closing Date. Section 10.02. Authorization of Series 2005-B Bonds. Series 2005-B Bonds in the aggregate principal amount of Million Hundred Thousand Dollars ($ ), are hereby authorized to be issued as Parity Bonds under and subject to the terms of this Agreement, the Act and other applicable laws of the State of California. Section 10.03. Terms of Series 2005-B Bonds. (A) Form: Denominations. The Series 2005-B Bonds shall be issued as fully registered Bonds without coupons in the denomination of $5,000 or any integral multiple in excess thereof. (B) Date of Bonds. The Series 2005-B Bonds shall be dated the Closing Date, as defined in Section 10.01. (C) Maturities. Interest Rates. The Series 2005-B Bonds shall mature and become payable on September 1 in each of the years, and shall bear interest at the respective rates per annum, as follows: -3- Maturity Date (September 1 ) Principal Amount Interest Rate (D) Interest. Method of Payment and CUSIP Numbers. Interest on the Series 2005-B Bonds shall be payable as provided in Section 2.02(E) of this Agreement (except that the first Interest Payment Date for the Series 2005-B Bonds shall be March 1, 2006), with the Closing Date as used therein being the Closing Date as defined in Section 10.01, payments shall be made on the Series 2005-B Bonds as provided in Section 2.02(F), and CUSIP identiiication numbers for the Series 2005-B Bonds shall be subject to Section 2.02(C). Section 10.04. Redemption of Series 2005-B Bonds. (A) Redemption. (i) Optional Redemption. The Series 2005-B Bonds are subject to optional redemption prior to their stated maturity on any Interest Payment Date, as a whole or in part, among maturities so as to maintain substantially level debt service on the Bonds and by lot within a maturity, at a redemption price (expressed as a percentage of the principal amount of the Series 2005-B Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Any Interest Payment Date from March 1, 2006 to and including March 1, 2015 September 1, 2015 and any Interest Payment Date thereafter Redemption Prices 102% 100 (ii) Mandatory Sinking Payment Redemption. The Series 2005-B Bonds maturing on September 1, _ are subject to mandatory sinking payment redemption in part on September 1, ~ and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: -4- Redemption Date (September 1) Sinking Payments The Series 2005-B Bonds maturing on September 1, _ are subject to mandatory sinking payment redemption in part on September 1, ~ and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amonnt thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date (September 1) Sinking Payments The amonnts in the foregoing tables shall be reduced to the extent practicable so as to maintain the substantially level debt service on the Bonds, as a result of any prior partial redemption of the Series 2005-B Bonds pursuant to Section 10.04(A)(i) above or Section 10.04(A)(iii) below, as specified in writing by the Treasurer to the Fiscal Agent. (iii) Redemption From Special Tax Prepayments. Special Tax Prepayments and any corresponding transfers from the Reserve Fnnd pursuant to Section 4.05(B)(ii) and Section 4.04(F), respectively, shall be used to redeem Series 2003-B Bonds on the next Interest Payment Date for which notice of redemption can timely be given nnder Section 2.03(D), by lot and allocated among maturities of the Series 2003-B Bonds so as to maintain substantially level debt service on the Bonds, at a redemption price (expressed as a percentage at the principal amonnt of the Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Dates Any Interest Payment Date from March 1, 2006 to and including March 1, 2015 September 1, 2015 and any Interest Payment Date thereafter Redemption Prices 102% 100 (B) Notice to Fiscal Agent. The Authority shall give the Fiscal Agent written notice of its intention to redeem Series 2005-B Bonds pursuant to subsection (A)(i) or (A)(iii) not less than forty-five (45) days prior to the applicable redemption date, or such lesser number of days as shall be consented to by the Fiscal Agent. -5- (C) Purchase of Bonds in Lieu of Redemption. In lieu of redemption under Section 10.04(A), moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding Series 2005-B Bonds, upon the filing with the Fiscal Agent of an Officer's Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer's Certificate may provide, but in no event may Series 2005-B Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase and any premium which would otherwise be due if such Series 2005-B Bonds were to be redeemed in accordance with this Agreement. (D) Redemption Procedure by Fiscal Agent. Effect of Redemption. Notices of redemption of the Series 2005-B Bonds, and other redemption procedures to be followed by the Fiscal Agent with regard to the Series 2005-B Bonds, shall be as provided in Section 2.03(D), and the effect on Series 2005-B Bonds called for redemption shall be as set forth in Section 2.03(E). Section 10.05. Form of Series 2005-B Bonds; Authentication and Delivery. (A) Form of Series 2005-B Bonds. The Series 2005-B Bonds, the form of Fiscal Agent's certificate of authentication, and the form of assignment to appear thereon, shall be substantially in the respective forms set forth in Exhibit B attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement and the Act. (B) Execution of Series 2005-B Bonds. The Series 2005-B Bonds shall be executed on behalf of the Authority by the signatures of its Chairman and its Secretary who are in office on the date of execution and delivery of Supplemental Agreement No.1 or at any time thereafter, and the seal of the Authority shall be impressed, imprinted or reproduced by facsimile signature thereon. Either or both of such signatures may be made manually or may be affixed by facsimile thereof. If any officer whose signature appears on any Series 2005-B Bond ceases to be such officer before delivery of the Series 2005-B Bonds to the owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Series 2005-B Bonds to the owner. Any Series 2005-B Bond may be signed and attested on behalf of the Authority by such persons as at the actual date of the execution of such Series 2005-B Bond shall be the proper officers of the Authority although at the nominal date of such Series 200S-B Bond any such person shall not have been such officer of the Authority. Only such of the Series 2005-B Bonds as shall bear thereon a certificate of authentication in the form set forth in Exhibit B, manually executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of the Fiscal Agent shall be conclusive evidence that such Series 2005-B Bonds have been duly authenticated and delivered hereunder and are entitled to the benefits of this Agreement. (C) Authentication and Delivery of Series 2005-B Bonds. At any time after the execution of Supplemental Agreement No.1 and delivery by the Authority of an Officer's Certificate for the Series 2005-B Bonds as required by Section 2.14(G), the Authority may issue the Series 2005- B Bonds for the District in the aggregate principal amount set forth in Section 10.02 and deliver the Series 2005-B Bonds to the Original Purchaser. The Authorized Officers of the Authority are -6- hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of the Series 2005-B Bonds in accordance with the provisions of the Act and this Agreement, as supplemented by Supplemental Agreement No.1, to authorize the payment of 2005 Costs of Issuance and costs of the Project by the Fiscal Agent from the proceeds of the Series 2005-B Bonds and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Series 2005-B Bonds to the Original Purchaser. Section 10.06. Application of Proceeds of Sale of Series 2005-B Bonds. The proceeds of the purchase of the Series 2005-B Bonds by the Original Purchaser thereof ($ ) shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and deposit such proceeds on the Closing Date as follows: (A) to the 2005 Subaccount of the Reserve Fund $ (B) to the 2005 Costs of Issuance Fund $ ; and (C) to the 2005 Subaccount of the Acquisition Account of the Improvement Fund $ The Fiscal Agent may, in its discretion, establish a temporary fund or account in its books and records to facilitate transfers required under this Section 10.06. Section 10.07. 2005 Costs of Issuance Fund. There is hereby established a separate fund to be known as the "2005 Costs of Issuance Fund", which shall be held by the Fiscal Agent, and to which a deposit shall be made as provided in Section 1O.06(B). The moneys in the 2005 Costs of Issuance Fund shall be used and withdrawn by the Fiscal Agent from time to time to pay the 2005 Costs of Issuance, as set forth in one or more Officer's Certificates containing respective amounts to be paid to the designated payees, and delivered to the Fiscal Agent concurrently with the delivery of the Series 2005-B Bonds or at any time thereafter. The Fiscal Agent shall pay all 2005 Costs of Issuance after receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee pursuant to an Officer's Certificate requesting payment of 2005 Costs of Issuance. The Fiscal Agent shall maintain the 2005 Costs of Issuance Fund for a period of 90 days from the date of delivery of the Series 2005-B Bonds and then shall transfer any moneys remaining therein, including any investment earnings thereon, to the Treasurer for deposit by the Treasurer in the Administrative Expense Fund. Section 10.08. Security for Series 2005-B Bonds. The Series 2005-B Bonds shall be Parity Bonds which shall be secured in the manner and to the extent set forth in Section 3.02, in Articles IV and V, and in this Article X. Section 10.09. Effect of this Article X. Except as in this Article X expressly provided or except to the extent inconsistent with any provision of this Article X, the Series 2005-B Bonds shall be deemed to be "Bonds" under and within the meaning of Section 1.03, and every term and condition contained in the foregoing provisions of this Agreement shall apply to the Series 2005-B Bonds with full force and effect, with such omissions, variations and modifications thereof as may be appropriate to make the same conform to this Article X. -7- SECTION 2. Attachment of Exhibit B. The Original Fiscal Agent Agreement is hereby further amended by incorporating therein an Exhibit B setting forth the form of the Series 2005- B Bonds, which shall read in its entirety as set forth in Exhibit A attached hereto and hereby made a part hereof. SECTION 3. Additional Amendments to Original Fiscal Agent Agreement. The Original Fiscal Agent Agreement is hereby further amended as follows: (A) Section 1.03 of the Agreement is hereby amended by adding thereto the following: "Series 2005-B Bonds" means the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005-B, authorized to be issued under Section 10.02. "Supplemental Agreement No.1" means the First Supplemental Fiscal Agent Agreement, dated as of August 1, 2005, between the Authority, for and on behalf of the District, and the Fiscal Agent. (B) Section 1.03 of the Agreement is hereby further amended by deleting the term "Agreement" therein, and by inserting therein, in lieu thereof, the following: "Agreement" means this Fiscal Agent Agreement, as amended and supplemented by Supplemental Agreement No.1, and as it may be further amended or supplemented from time to time by any additional Supplemental Agreement entered into pursuant to the provisions hereof. (C) Section 1.03 of the Agreement is hereby further amended by deleting the term "Bonds" therein, and by inserting therein, in lieu thereof, the following: "Bonds" means the Series 2003-A Bonds, the Series 2005-B Bonds, and, if the context requires, any additional Parity Bonds, at any time Outstanding under this Agreement or any Supplemental Agreement. (D) Section 1.03 of the Agreement is hereby further amended by deleting the term "Continuing Disclosure Agreement" therein, and by inserting therein, in lieu thereof, the following: "Continuing Disclosure Agreement" means, collectively, (i) the Continuing Disclosure Agreement of the Authority, dated as of July 1, 2003, by and between the Authority and U.s. Bank National Association, as dissemination agent (the "Dissemination Agent"), as originally executed and as it may be amended from time to time in accordance with its terms; and (ii) the Continuing Disclosure Agreement of the Authority, dated as of August 1, 2005, between the Authority and the Dissemination Agent, as originally executed and as it may be amended from time'to time in accordance with its terms. (E) Section 4.02(A) of the Agreement is hereby amended by adding thereto after the first sentence thereof, the following: "There is also hereby created within the Acquisition Account a separate subaccount designated as the "2005 Subaccount," which subaccount is hereby established for purposes of accounting for the use and disposition of Series 2005-B Bonds, a portion of the proceeds of which will be deposited to such 2005 Subaccount pursuant to Section 10.06(C), and amounts in such subaccount shall for all purposes of this Agreement be deemed to be part of the amounts on deposit in the Acquisition Account; provided, however, that, notwithstanding Section 4.02(B) below, amounts disbursed from the Acquisition Account following the Closing Date (as defined in Section 10.01) shall be taken first, from amounts in the -8- 2005 Subaccount of the Acquisition Account until an amount equal to $ [5% of Series 2005-B Bonds principal] has been withdrawn from the 2005 Subaccount of the Acquisition Account; second, from amounts in the Acquisition Account other than from in the 2005 Subaccount of the Acquisition Account; and third, from any remaining amounts in the 2005 Subaccount of the Acquisition Account." (F) Section 4.04(A) of the Agreement is hereby amended by adding thereto, after the first sentence thereof, the following: "There is also hereby created within the Reserve Fund a separate subaccount designated as the "2005 Subaccount" which subaccount is hereby established for purposes of accounting for the use and disposition of Series 2005-B Bonds, a portion of the proceeds of which will be deposited to such 2005 Subaccount pursuant to Section 10.06(A), and amounts in such subaccount shall for all purposes of this Agreement be deemed to be part of the amounts on deposit in the Reserve Fund and amounts in such 2005 Subaccount and any earnings thereon in such 2005 Subaccount shall be drawn upon pro rata with all other amounts in the Reserve Fund whenever a draw is made on the Reserve Fund under this Section 4.04." SECTION 4. Partial Invalidity. If any section, paragraph, sentence, clause or phrase of this Supplemental Agreement No. 1 shall for any reason be held illegal, invalid or unenforceable, such holding shall not affect the validity of the remaining portions of this Supplemental Agreement No. 1. The Authority hereby declares that it would have entered into this Supplemental Agreement No. 1 and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Series 2005-B Bonds pursuant thereto irrespective of the fact that anyone or more Sections, paragraphs, sentences. clauses, or phrases of this Supplemental Agreement No.1 may be held illegal, invalid or unenforceable. SECTION 5. Execution in Counterparts. This Supplemental Agreement No.1 may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 6. Governing Law. This Supplemental Agreement No.1 shall be construed and governed in accordance with the laws of the State of California applicable to contracts made and performed in such State. -9- IN WITNESS WHEREOF, the Authority and the Fiscal Agent have caused this First Supplemental Fiscal Agent Agreement to executed as of August 1, 2005. TEMECULA PUBLIC FINANCING AUTHORITY, for and on behalf of TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) By: Executive Director U.s. BANK NATIONAL ASSOCIATION, as Fiscal Agent By Authorized Officer 20009.07,)8206 -10- EXHIBIT A TO FIRST SUPPLEMENTAL FISCAL AGENT AGREEMENT EXHIBIT B FORM OF SERIES 2005-B BONDS UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF RIVERSIDE No. $ TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) SPECIAL TAX BOND, SERIES 2005-B INTEREST RATE MATURITY DATE Se tember 1, BOND DATE Au t~ 2005 CUSIP REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The Temecula Public Financing Authority (the" Authority") for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District"), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Bond Date set forth above, or from the most recent interest payment date to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing March 1, 2006, at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office (as defined in the Agreement referred to below) of U.S. Bank National Association (the "Fiscal Agent"). Interest on this Bond shall be paid by check of the Fiscal Agent mailed on each interest payment date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the interest payment date occurs (the "Record Date") at such registered owner's address as it appears on the registration books maintained by the Fiscal Agent, or (i) if the Bonds are in book-entry-only form, or (ii) otherwise upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to the depository for the Bonds or to an A-I account in the United States designated by such registered owner in such written request, respectively. This Bond is one of the second series of a duly authorized issue of bonds approved by the qualified electors of the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-Roos Act") for the purpose of financing certain public facilities within and in the vicinity of the District (the "Project"), and is one of the series of Bonds designated "Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005- B" (the "Bonds") in the aggregate principal amount of $ . The creation of the Bonds and the terms and conditions thereof are provided for by resolution adopted by the Board of Directors of the Authority on July 26, 2005 (the "Resolution"), and the Fiscal Agent Agreement, dated as of July 1, 2003, between the Authority and the Fiscal Agent, as amended and supplemented by a First Supplemental Fiscal Agent Agreement, dated as of August 1, 2005, between the Authority and the Fiscal Agent (collectively, the" Agreement") and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. The Authority has issued, for and on behalf of the District, under the Agreement its $12,155,000 Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2003-A (the "Series 2003-A Bonds"), which Series 2003-A Bonds are secured on a parity with the Bonds under the Agreement. Pursuant to and as more particularly provided in the Resolution and in the Agreement, additional bonds may be issued by the Authority from time to time secured by a lien on a parity with the lien securing the Bonds and the Series 2003-A, but any such additional bonds must be Refunding Bonds, as such term is defined in the Agreement. The Resolution is adopted and the Agreement is entered into under and this Bond is issued under, and all are to be construed in accordance with, the laws of the State of California. Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and interest on this Bond are payable solely from the annual special tax authorized under the Mello- Roos Act to be collected within the District (the "Special Tax") and certain funds held under the Agreement. Interest on this Bond shall be payable from the interest payment date next preceding the date of authentication hereof, unless (i) it is authenticated on an interest payment date, in which event it shall bear interest from such date of authentication, or (ii) it is authenticated prior to an interest payment date and after the close of business on the Record Date preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (iii) it is authenticated prior to the Record Date preceding the first interest payment date, in which event it shall bear interest from the Bond Date set forth above; provided, however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment hereon. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the Authority, as may be permitted by law. The Bonds do not constitute obligations of the Authority for which the Authority is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described A-2 hereinabove. The City of Temecula has no liability or obligations whatsoever with respect to the Bonds or the Agreement. The Bonds are subject to redemption prior to their stated maturity on any interest payment date, as a whole or in part among maturities as provided in the Agreement, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Dates Any Interest Payment Date from March 1, 2006 to and including March 1, 2015 September 1, 2015 and any interest payment date thereafter Redemption Prices 102% 100 The Bonds maturing on September 1, . are subject to mandatory sinking payment redemption in part on September 1, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date (September 1) Sinking Payments The Bonds maturing on September 1, are subject to mandatory sinking payment redemption in part on September 1, . and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date (September 1) Sinking Payments The Bonds are also subject to redemption from the proceeds of Special Tax Prepayments and any corresponding transfers from the Reserve Fund pursuant to the Agreement, on any Interest Payment Date, among maturities as specified in the Agreement and by lot within a maturity, at a redemption price (expressed as a percentage at the principal amount of the Bonds A-3 to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Dates Any interest payment date from March 1,2006 to and including March 1, 2015 September 1, 2015 and any interest payment date thereafter Redemption Prices 102% 100 In the event of a redemption of less than all of the Bonds, the Bonds shall be redeemed by lot within a maturity, and among maturities in the manner specified in the Agreement. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. This Bond shall be registered in the name of the owner hereof, as to both principal and interest. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such owner's order. The Fiscal Agent shall require the registered owner requesting transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfer or exchange hereof shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption, or (ill) between a Record Date and the succeeding interest payment date. Exchanges may only be made for Bonds in authorized denominations, as provided in the Agreement. The Agreement and the rights and obligations of the Authority thereunder may be modified or amended as set forth therein. The Bonds are not general obligations of the Authority, but are limited obligations payable solely from the revenues and funds pledged therefor under the Agreement. Neither the faith and credit of the Authority or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. A-4 Unless this Bond is presented by an authorized representative of The Depository Trust Company to the Fiscal Agent for registration of transfer, exchange or payment, and any Bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond does not exceed any debt limit prescribed by the laws or Constitution of the State of California. IN WITNESS WHEREOF, Temecula Public Financing Authority has caused this Bond to be dated the Bond Date set forth above, to be signed by the facsimile signature of its Executive Director and countersigned by the facsimile signature of its Secretary. TEMECULA PUBLIC FINANCING AUTHORITY [SEAL] Executive Director ATTEST Secretary A-S FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the Resolution and in the Agreement which has been authenticated on u.s. Bank National Association, as Fiscal Agent By: Authorized Signatory A-6 ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within-registered Bond and hereby irrevocably constitute(s) and appoints(s) attorney, to transfer the same on the registration books of the Fiscal Agent with full power of substitution in the premises. Dated: Signature Guaranteed: Signature: Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. Note: Signature(s) must be guaranteed by an eligible guarantor. A-7 TEMECULA PUBLIC FINANCING AUTHORITY CFD 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B PRELIMINARY OFFICIAL STATEMENT NEW ISSUE PRELIMINARY OFFICfAL STATEMENT DATED JULY [27], 2005 NOT RATED In the opinion ?iQuinl & Thimmig ILP, San Francisco, Cahf(Jf'1Jia, Bond Co"nse~ m!?Jed, however. to certain qualifications described herein, under existing law, interest on the 2005 Bonds is excludablefromgross income if the owners themlfor federal income fax purposes and is not included as an item tf/ax preference in computing the fideral alternative minimum tax for individuals and corporations under the Internal Revenue Code of1986, (JJ' amended, bill is taken inlo account in computing an art/us/men! used in determining the ftderal alternative minimum tax for certain corpora/ions. In the furthero/Jinion if Bond Counsel. such interest is exempt from California personal income faxes. See ''LEGAL NIATIERS-Tax Exemption" herein. $ TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-8 Dated: Date of Delivery Due: September L as on the inside cover The Temecula Public Financing Authority Community Facilities District No. 03M I (Crowne Hill) Special Tax Bonds, Series 2005-B (the "2005 Bonds") are being issued under the Mello-Roos Community Facilities Act of 1982 (the "Act") and a Fiscal Agent Agreement, dated as of June 1,2003 (the "Original Fiscal Agent Agreement"), by and between the Temecula Public financing Authority (the "Authority"), for and on behalf ofthe District, and U.S. Bank National Association, as Fiscal Agent (the "Fiscal Agent"), as supplemented by the First Supplemental Fiscal Agent Agreement, dated as 0 August 1,2005, by and between the Authority and the Fiscal Agent (the "First Supplemental Fiscal Agent Agreement" and together with the Original Fiscal Agent Agreement, the "Fiscal Agent AgreemenC), and are payable from proceeds of Special Taxes (as defined herein) levied on property within the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District") according to the rate and method of apportionment of special tax approved by the qualified electors of the District and by the Board of Directors of the Authority, acting as the legislative body of the District. The 2005 Bonds will be issued on a parity with the Authority's Community Facilities District No. 03M 1 (Crowne Hill) Special Tax Bonds, Series 2003MA issued August?, 2003 (the "2003 Bonds," and together with the 2005 Bonds and any future refunding bonds, the "Bonds.") The 2005 Bonds are being issued (i) to finance, either directly or indirectly, the acquisition and construction of certain street and signal improvements. storm drain improvements, sewer and water improvements, fire protection improvements and park and recreation improvements (collectively, the "Improvements") \vithin or in the vicinity ofthe District, (ii) to pay the costs of issuing the 2005 Bonds, and (iii) to increase the amount on deposit in the ReselVe Fund for the Bonds. See "ESTIMATED SOURCES AND USES OF FUNDS" and "PLAN OF FINANCE; IMPROVEMENTS TO BE FINANCED WITH PROCEEDS OF THE 2005 BONDS" herein. The 2005 Bonds will be issued in denominations of$5,000 or integral multiples in excess thereof The 2005 Bonds, when delivered, will be initially registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the 2005 Bonds as described herein under "THE 2005 BONDS - Book-Entry and DTC." The 2005 Bonds are subject to optional redemption, mandatory redemptionfrom prepayments of Special Taxes and mandatory redemption as described herein. THE 2005 BONDS, THE INTEREST THEREON, AND ANY PREMIUMS PAYABLE ON THE REDEMPTION OF ANY OF THE 2005 BONDS, ARE NOT AN INDEBTEDNESS OF THE AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT SET FORTH INTHE FISCAL AGENT AGREEMENT), THE STATE OF CALIFORNIA (THE "ST A TE")ORANY OF ITS POLITICAL SUBDIYISIONS, AND NEITHER THE AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT SET FORTH IN THE FISCAL AGENT AGREEMENT), THE STATE NOR ANY OF ITS POLITICAL SUBDlYISIONS IS LIABLE ON THE 2005 BONDS. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT SET FORTH IN THE FISCAL AGENT AGREEMENT) OR THE STATE OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE 2005 BONDS. OTHER THAN THE SPECIAL TAXES LEYIED WITHIN THE DISTRICT, NO TAXES ARE PLEDGED TO THE PAYMENT OF THE 2005 BONDS. THE 2005 BONDS ARE NOT A GENERAL OBLIGATION OF THE AUTHORITY OR THE D1STRtCT, BUT ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE SOLELY FROM THE SOIlRCES PROYIDED IN THE FISCAL AGENT AGREEMENT. TIlis cover page contains certain informationfor quick reference only. It is not a summary of ti,e issue. Potential investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision with respect to tlte 2005 Bonds. Investment in the 2005 Bonds involves risks which may not be appropriateforsome investors. See "BONDOWNERS' RISKS" herein for a discw'!>-;Ofl a/special risk/actors thaI should be considered in evaluating tire investment quality o/tlre 2005 Bonds. MATURITY SCHEDULE (See Inside Cover) Please refer to the inside cover page for a summary of the principal amounts, interest rates, and reoffering yields for the 2005 Bonds. The 2005 Bonds are offered when, as and if issued and accepted by the Underwriter, subject to approval as to their legality by Quint & Thimmig LLP, San Francisco, California, Bond Counsel, and subject to certain other conditions. McFarlin & Anderson LLP, Lake Forest, California is acting as Disclosure Counsel. Certain legal matters will be passed on for the Authority and the District by Richards, Watson & Gershon, Los Angeles, California, acting as general counsel to the Authority. 11 is anticipated that the 2005 Bonds, in book-entry form, will be available for delivery to DTC in New York, New York on or about August LJ, 2005. Stone & Youngberg LLC Dated: August ~, 2005 * Preliminary, subject to change. MATURITY SCHEDULE $ TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B $ Serial Bonds Yield % Base CUSIP" No. CUSlpK Maturity No.t (September I) 20[5 2016 2017 2018 2019 2020 2021 2022 Maturity (September I) 2006 2007 2008 2009 20]0 2011 20]2 2013 2014 Principal Interest Amount Rate $ % Principal Amount $ Interest Rate % Yield % eus!p)!) No,t $ $ _% Ternl 2005 Bonds due September L 20_" Yield_% CUSIP" No.t _% Term 2005 Bonds due September 1, 2035, Yield_% CUSIPJt; No.t * Preliminary, subject to change. CUSIP@ A registered trademark of the American Bankers Association. Copyright <Q 1999-2005 Standard & Poor's,_a Division of The McGraw-Hili Companies, Inc. CUSIpE' data herein is provided by Standard & Poor's CUSIpoo Service Bureau. This data is not intended to create a database and does not serve in any way as a substitute for the CUSlplC Service Bureau. CUSIp1ilnumbers are provided for convenience of reference only. Neither the Temecula Public Financing Authority nor the Underwriter takes any responsibility for the accuracy of such numbers. t Thefollowing language to be inserted b)Nhe printer, in red, at the top of the POSfront cover: PRELIMINARY OFFICIAL STATEMENT DATED ,2005 The/allowing language fo be inserted by the printer, in red, vertically along the left margin afthe POSfront cover: This Official Statement and the information contained herein are subject to completion or amendment. Under no circumstances shall this Official Statement constitute an offer to sell or-a solicitation of an offer to buy nor shall there be any sale of these securities in any jurisdiction in which such offer. solicitation or sale would be unlawful. TEMECULA PUBLIC FINANCING AUTHORITY BOARD OFDJRECTORS Jeff Com ere hero, Chairperson Ron Roberts, Vice Chairperson Maryann Edwards, Member Michael S. Naggar, Member Charles W. Washington, Member AUTHORITY STAFF Shawn Nelson, Executive Director and City Manager Genie Roberts, Authority Treasurer and City Finance Director Susan Jones, Authority Secretary and City Clerk SPECIAL SERVICES Bond Connsel Quint & Thimmig LLP San Francisco, California Authority Counsel Richards, Watson & Gershon A Professional Corporation Los Angeles, California Disclosure Counsel McFarlin & Anderson LLP Lake Forest, California Special Tax Consnltant Canty Engineering Group, Inc. Riverside, California Financial Advisor to the Anthority Fieldman, Rolapp & Associates Irvine, California Fiscal Agent U.S. Bank National Association Los Angeles, California Appraiser Stephen G. White, MAl Fullerton, California NO DEALER, BROKER, SALESPERSON OR ANY OTHER PERSON HAS BEEN AUTHORIZED TO GIVE ANY fNFORMA TION OR MAKE ANY REPRESENTATION WITH RESPECT TO THE 2005 BONDS, OTHER THAN AS CONTAINED IN THIS OFFICIAL STATEMENT, AND, IF GIVEN OR MADE, ANY SUCH INFORMATION OR REPRESENTATION MUST NOT BE RELIED UPON AS HAVING BEEN AUTHORIZED BY THE AUTHORITY, THE DISTRICT OR THE UNDERWRITER. THIS OFFICIAL STATEMENT DOES NOT CONSTITUTE AN OFFER OF ANY SECURITIES OTHER THAN THOSE DESCRIBED ON THE COVER PAGE OR AN OFFER TO SELL ORA SOLICITATION OF AN OFFER TO BUY NOR SHALL THERE BE ANY OFFER, SOLICITATION OR SALE OF THE 2005 BONDS BY ANY PERSON IN ANY JURISDICTION IN WHICH IT IS UNLA WFUL TO MAKE SUCH OFFER, SOLICITATION OR SALE. THIS OFFICIAL STATEMENT IS NOT TO BE CONSTRUED AS A CONTRACT WITH THE PURCHASERS OF THE 2005 BONDS. Statements contained in this Officiai Statement which involve time estimates, forecasts or matters of opinion, whether or not eXfressly so described herein, are intended solely as such and are not to be construed as representations 0 fact. The information set forth herein has been furnished by the Authority, the District, or other sources which are believed to be reliabie, but it is not guaranteed as to accuracy or completeness. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the District or any other entity described herein since the date hereof. This Official Statement is submitted in connection with the sale of securities referred to herein and may not be reproduced or be used, as a whole or in part, for any other purpose. IN CONNECTION WITH THE OFFERING OF THE 2005 BONDS, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE 2005 BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE UNDERWRITER MAY OFFER AND SELL THE 2005 BONDS TO CERTAIN DEALERS AND DEALER BANKS AND BANKS ACTING AS AGENT AND OTHERS AT PRICES LOWER THAN THE PUBLIC OFFERING PRICES STATED ON THE COVER PAGE HEREOF AND SAID PUBLIC OFFERING PRICES MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITER. THE 2005 BONDS HA VENOT BEEN REGISTERED UNDER THE SECURITIES ACTOF 1933, AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH ACT. THE 2005 BONDS HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE. TABLE OF CONTENTS Paee INTRODUCTION ................................................................... I General ..................................................................... I The Authority ................................................................ I The Community Facilities District ................................................ I Purpose of the 2005 Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Sources of Payment for the 2005 Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Tax Exemption ............................................................... 4 Risk Factors Associated with Purchasing the 2005 Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Forward Looking Statements .................................................... 4 Professionals fnvolved in the Offering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Other Infonnation ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 CONTINUING DISCLOSURE ........................................................ 5 PLAN OF FINANCE; IMPROVEMENTS TO BE FINANCED WITH PROCEEDS OF THE 2005 BONDS ........................................ 5 ESTIMATED SOURCES AND USES OF FUNDS ......................................... 6 THE 2005 BONDS .................................................................. 6 Description of the 2005 Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Debt Service Schedule ......................................................... 8 Tenns of Redemption .......................................................... 9 Transfer and Exchange of Bonds ................................................ II Book-Entry and DTC ......................................................... II SECURITY FOR THE BONDS ....................................................... II General .................................................................... II Special Taxes ............................................................... II Estimated Debt Service Coverage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 Rate and Method . . . .. . .. . .. . . . . .. . .. . . .. . .. .. .. . . . .. . .. . . . . . .. . . . .. . .. .. .. ... 14 Special Taxes and the Teeter Plan ............................................... 17 Proceeds of Foreclosure Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 Special Tax Fund ............................................................ 18 Bond Fund. . . . . . . . . . . . .. . . .. .. . . . . .. .. . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . .. .. .. 18 Investment of Moneys in Funds ................................................. 19 Rebate Requirement .......................................................... 19 Parity Bonds ................................................................ 19 THE AUTHORITY ......................... . .. . . . .. .. . . . . .. .. . . . . . . . . . . . .. .. . . .. . .. 19 Authority for Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 THE COMMUNITY FACILITIES DISTRICT............................................ 21 Location and Description of the District...... ............ ..... ... ........ .... ..... 21 Specific Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 Environmental Conditions ..................................................... 21 Other Matters ............................................................... 22 Acquisition ofImprovements ................................................... 23 Description of Project .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 Estimated Special Tax Allocation by Property Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 Historical Delinquency fnfonnation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 Appraised Property and Assessed Market Value .................................... 28 Property Ownership .......................................................... 29 Direct and Overlapping Debt ................................................... 32 Overlapping Assessment and Community Facilities Districts .......................... 34 Other Overlapping Direct Assessments ........................................... 34 Transportation Unifonn Mitigation Fee; Multi-Species Habitat Conservation Plan ......... 34 BONDOWNERS' RISKS ............................................................ 35 Risks of Real Estate Secured Investments Generally ..... . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35 Concentration of Ownership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36 -i- Failure to Develop Properties ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36 Special Taxes Are Not Personal Obligations ....................................... 36 The Bonds Are Limited Obligations ofthe District .................................. 36 Appraised Values; Assessed Value-to-Lien Ratios. . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . .. 36 Land Development ..............................:............................ 37 Burden of Parity Liens, Taxes and Other Special Assessments on the Taxable Property ..... 38 Disclosure to Future Purchasers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38 Local, State and Federal Land Use Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 Endangered and Threatened Species. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 Hazardous Substances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 Levy and Collection of the Special Tax; Insufficiency of the Special Tax. . . . . . . . . . . . . . . .. 40 Exempt Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40 Depletion of Reserve Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4] Potential Delay and Limitations in Foreclosure Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . .. 41 Bankruptcy and Foreclosure Delay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42 Payments by FDIC and Other Federal Agencies .................................... 42 Payment of Special Tax Not a Personal Obligation of the Property Owners. . . . . . . . . . . . . .. 43 Factors Affecting Parcel Values and Aggregate Value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 43 No Acceleration Provisions .................................................... 44 Community Facilities District Formation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44 Billing of Special Taxes ....................................................... 44 Collection of Special Tax ...................................................... 44 Right to Vote on Taxes Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45 Ballot Initiatives and Legislative Measures ........................................ 45 Limited Secondary Market .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46 Loss of Tax Exemption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46 Limitations on Remedies ...................................................... 46 LEGAL MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46 Legal Opinion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46 Tax Exemption .............................................................. 46 Original Issue Discount: Premium Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47 IRS AuditofTax-Exempt Bond Issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47 No Lll1gattOn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47 No General Obligation of the Authority or the District ............................... 47 NO RATINGS..................................................................... 48 UNDER WRITING. . . . . . . .. . . . . . . .. . . . . . . . .. .. . . . .. . . . . . . . . . . .. . . .. . . . . . . . . . . . . . .... 48 PROFESSIONAL FEES ............................................................. 48 MISCELLANEOUS ................................................................ 48 APPENDIX A - APPENDIX B - General Information About the City ofTemecula . . . . . . . . . . . . . . . . . . . . . . . .. A-I Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Rate and Method of Apportionment of Special Tax ....... B-1 Summary Appraisal Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. C-] Summary of Certain Provisions of the Fiscal Agent Agreement ............. 0-1 Form of Community Facilities District Continumg Disclosure Agreement..... E-l Form of Opinion of Bond Counsel.............. ............ ........... F-I Book-Entry System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. G-l APPENDIX C - APPENDIX D - APPENDIX E - APPENDIX F - APPENDIX G - -ii- REGIONAL AND AERIAL MAP [Regional and Aerial Map to be provided by Stone & Youngberg LLC] OFFICIAL STATEMENT $ TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-] (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B INTRODUCTION This introduction is not a summary of this Official Statement. It is only a brief description of and guide to, and is qualified by, more complete and detailed information contained in the entire Official Statement, including the cover page and appendices hereto, and the documents summarized or described herein. A full review should be made of the entire Official Statement. The offering of the 2005 Bonds to potential investors is made only by means of the entire Official Statement General This Official Statement, including the cover page and appendices hereto, is provided to furnish information regarding the issuance and sale by the Temecu]a Pubhc Financing Authority (the "Authority"), on behalf ofthe Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District") of$ . aggregate principal amount of the Temecula Public Financing Authority Community Facilities District No. 03-] (Crowne Hill) Special Tax Bonds, Series 2005-B (the "2005 Bonds"). The 2005 Bonds are issued pursuant to the Act (as defined below) and a Fiscal Agent Agreement, dated as of June 1,2003 (the "Original Fiscal Agent Agreement"), by and between the Authority, for and on behalf of the District, and U.S. Bank National Association, as Fiscal Agent (the "Fiscal Agent"), as supplemented by the First Supplemental Fiscal Agent Agreement, dated as of August], 2005, by and between the Authority and the Fiscal Agent (the "First Supplemental Fisca] Agent Agreement" and together with the Original Fiscal Agent Agreement, the "Fiscal Agent Agreement"). See "THE AUTHOR]TY - Authority for Issuance" herein. On August 7, 2003, the Authority issued $]2,155,000 ag~regate principal amount of its Community Facilities District No. 03-] (Crowne Hill) Special Tax Bonds, Senes 2003-A (the "2003 Bonds"). The Authority may issue additional bonds ("Parity Bonds") secured under the Fisca] Agent Agreement on a parity with the 2003 Bonds and the 2005 Bonds for refunding purposes only. "Bonds" means the 2003 Bonds, the 2005 Bonds and any such Parity Bonds, as defined herein. Capitalized tenns used in this Official Statement and not otherwise defined herein have the meanings given such tenns in the Fisca] Agent Agreement, some of which are set forth in Exhibit D hereto "Summary of Certain Provisions of the Fiscal Agent Agreement." The Authority The Authority was fonned on April 10, 2001, pursuant to a Joint Exercise of Powers Agreement between the City of Temecula, California (the "City") and the Redeve]opment Agency of the City of Temecula, in accordance with Articles] through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title ] of the Government Code of the State of California. See "THE AUTHORITY" and "THE COMMUNITY FACfLlT]ES DlSTR]CT." The Community Facilities District The District was formed and established by the Board of Directors of the Authority on March 25, 2003 pursuant to the Mello-Roos Community Facilities Act of] 982, as amended (Section 533] I et seq. of the California Government Code, and referred to herein as the "Act"), following a public hearing and a landowner election at which the qualified electors of the District, by more than a two-thirds vote, authorized the District to incur bonded indebtedness in the aggregate not-to-exceed amount of$25,OOO,000 and approved the levy of special taxes (the "Special Taxes") on certain real property located in the District. * Preliminary, sUQjcct to change. Once duly established, a community facilities district is a legally constituted governmental entity established for the purpose of financing specific facilities and services within defined boundaries. Subject to approval by a two-thirds vote of the qualified voters within a community facilities district and compliance with the provisions of the Act, a community facilities district may issue bonds and may levy and collect special taxes to repay such bonded indebtedness and interest thereon. The District is comprised of approximately 26] .91 net acres of primarily developed contiguous land located on the east side of the City, in the south-westerly portion of the County of Riverside (the "County"). The District lies within the area ofthe master-planned community known as "Crowne Hill" and is part of the specific plan area known as "Butterfield Stage Ranch" (Specific Plan 226) (the "Butterfield Stage Ranch Specific Plan") adopted by the County in ]987. (The City was not incorporated at that time.) The District is bounded generally on the west by Butterfield Stage Road, on the north by Pauba Road and on the south by Route 79. The District consists of property containing approximately 796 home sites of which 760 homes have been completed, 18 homes are under construction and 18 home sites are vacant. The District is part of an approximately] ,054 residential unit master-planned community. ]ncluded within the master-planned community (but not within the boundaries ofthe District) is an approximately II-acre school site on which an elementary school will open in the fall of 2005, two neighborhood park sites (3.5-acres and 5.2-acres, respectively), plus many other open space/greenbelt/slope areas and five private homeowner park sites. These improvements [have] been completed. Approximately 249 home sites at the southerly end of the master- planned community are occupied and are not part of the District. As of June], 2005, there were two major landowners within the District: (i) Greystone Homes, Inc., a Delaware corporation ("Greystone Homes"), which owned property containing 8 home sites of which all 8 homes were then under construction and in escrow to homeowners; and (ii) Crowne Hill Reserve 28, LLC, a California limited liability company ("Crowne Hill Reserve 28, LLC"), which owns property expected to contain 28 estate home sites for which Craftsmen Homes, LLC, a California limited hability company ("Craftsmen Homes, LLC"), acts as the developer for the construction, or sale to others for construction, of the estate homes. Craftsmen Homes Communities, Inc., a California corporation acts as the general contractor for construction. The balance of the taxable property is owned by individual homeowners. Subsequent to June], 2005, Greystone Homes closed escrow on the 8 homes which had been under construction on June 1,2005. See "THE COMMUNITY F AC]L1TIES DISTRICT - Property Ownership." Purpose of the 2005 Bonds The 2005 Bonds are being issued (i) to finance, either directly or indirectly, the acquisition and construction of certain street and signal tmprovements, storm drain improvements, sewer and water improvements, fire protection improvements and park and recreation improvements (collectively, the "Improvements") to be located within or in the vicinity ofthe District, (ii) to pay the costs of issuing the 2005 Bonds and (iii) to increase the amount on deposit in the Reserve Fund for the 2005 Bonds. See "PLAN OF FINANCE; IMPROVEMENTS TO BE FINANCED WITH PROCEEDS OF THE 2005 BONDS" herein. Sources of Payment for the 2005 Bonds The Bonds are secured by and payable from a first pledge of "Special Tax Revenues," defined in the Fiscal Agent Agreement as the proceeds of the Special Taxes received by the Authority, including any scheduled payments thereof and any prepayments thereof, interest thereon and proceeds of the redemption or sale of property sold as a result offoreclosure of the lien of the Special Taxes to the amount of said lien and interest thereon. "Special Tax Revenues" does not include any penalties collected in connection with delinquent Special Taxes which amounts may be forgiven or disposed of by the Authority in its discretion, and if collected, will be used in a manner consistent with the Act. "Special Taxes" are defined in the Fiscal Agent Agreement as the special taxes levied within the District pursuant to the Act, the ordinance adopted by the ]egislative body of the District providing for the levy of the Special Taxes and the Fiscal Agent Agreement. The Special Taxes are levied in accordance with the Rate and Method of Apportionment of Special Tax (the "Rate and Method") recorded as a lien on the property pursuantto the Notice of Special Tax Lien. Pursuant to the Act, the Rate and Method, the Resolution of Formation (as defined herein) and the Fiscal Agent Agreement, so long as any Bonds are outstanding, the Authority will annually levy the Special Tax against the land within the District not exempt from Special Taxes under the Act and the Rate and Method ("Taxable Property") in accordance with the proceedings for the authorization and issuance of the Bonds and with the Rate and Method, to make provision for the collection of the Special Tax in amounts which will be sufficient to (a)(i) pay debt service on all Bonds, ifany, for the calendar year that commences 2 in such Fiscal Year, (ii) pay Administrative Expenses and (iii) pay any amounts required to establish or replenish any bond or interest rate reserve funds for any Outstanding Bonds, less (b) a credit for funds available to reduce the annual Special Tax levy under the Fiscal Agent Agreement. See "SECURITY FOR THE BONDS - Special Taxes and the Teeter Plan" herein. The Rate and Method establishes two zones within the District. Zone I encompasses the 584 lots located in the eastem portion of the District. Zone 2 encompasses the 212 lots located in the western portion of the District. The Rate and Method exempts from the Special Tax up to 93.41 acres of Public Property and/or Property Owner Association Property within Zone I of the District and up to 30.43 acres of Public Property and/or Property Owner's Association Property within Zone 2 ofthe District. See "SECURITY FOR THE BONDS - Rate and Method" and "BONDOWNERS' RISKS - Exempt Properties." The Authority has also covenanted in the Fiscal Agent Agreement to cause foreclosure proceedings to be commenced and prosecuted against certain parcels with delinquent installments ofthe Special Tax. For a more detailed description of the foreclosure covenant, see "SECURITY FOR THE BONDS - Proceeds of Foreclosure Sales." NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT DESCRIBED HEREIN) OR THE STATE OF CALIFORNIA (THE "STATE") ORANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TOTHE PA YMENTOFTHE BONDS. OTHER THAN THE SPECIAL TAXESOFTHE DISTRICT, NO TAXES ARE PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT A GENERAL OBLIGATION OF THE AUTHORITY OR THE DISTRICT, BUT ARE LIMITED OBLIGATIONS OF THE DISTRICT PA Y ABLE SOLELY FROM THE SOURCES PROVIDED IN THE FISCAL AGENT AGREEMENT. Appraisal An appraisal prepared by an MAl appraiser of the land and existing improvements for the development within the District dated June I, 2005 (the "Appraisal"), has been prepared by Stephen G. White, MAl of Fullerton, California (the "Appraiser") in connection with the issuance of the 2005 Bonds. The subject property includes property proposed for development of796 single-family residential home sites. The purpose of the appraisal was to estimate the market value of the "as is" condition of the estate lots, ] 0 of which have homes under construction, and 18 of which are vacant. The Appraisal also considers the assessed values for the remaining 768 homes in the District. These homes are located within 7 different tracts, with 760 of the homes completed and 8 homes under construction as of June 1,2005. The Appraisal is based on certain assumptions, including the existing and proposed District financings, together with the overall tax rate to future homeowners of approximately 1.3 to 1.5%, including the Special Taxes. Subject to these assumptions, the Appraiser estimated that the fee simple market value of the 28 estate lots and the assessed value of the remaining 768 homes within the District (subject to the lien ofthe Special Taxes) as of May 15,2005, was as follows: Tract Name No. Lots Market Value The Reserve 28 $13,980,000 Tract Name Stratford Nottingham Astoria Carlyle Fainnont Knightsbridge Hampton No. Lots Assessed Value (A V) $32,586,433 34,418,046 29,574,577 25,182,509 28,650,467 40,243,376 30.438.094 $221,093,502 114 119 III 100 112 127 ~ 768 3 Sale Price or Assessed Value $57,117,500 51,878,389 62,280,759 41,657,929 46,613,158 41,519,704 33.153.875 $334,221,314 The fee simple market value of the 28 estate lots includes the value of grading and infrastructure improvements completed as of the date of value, the improvements to be financed by the Bonds and an estimate of the costs of construction of the 10 homes under construction. The market values and assessed values reported in the Appraisal result in an estimated value-to-lien ratio ranging from : I' to : I', calculated with respect to the Bonds. The value-to-lien ratios of individual parcels wiflcITffer from the foregoing aggregate value-to-Iien ratio. See"BONDOWNERS' RISKS- Appraised Values; Assessed Value- to-Lien Ratios" and "BONDOWNERS' RISKS - Burden of Parity Liens, Taxes and Other Special Assessments on the Taxable Property" herein and APPENDIX C - "Summary Appraisal Report" appended hereto for further information on the Appraisal and for limiting conditions relating to the Appraisal. Tax Exem ption In the opinion of Quint & Thimmig LLP, San Francisco, California, Bond Counsel, subject, however, to certain qualifications described herein, under existing law, interest on the 2005 Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals and corporations under the Internal Revenue Code of 1986, as amended, but is taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. In the further opinion of Bond Counsel, such interest is exempt from Califomia personal income taxes. See "LEGAL MA TTERS- Tax Exemption" herein. Risk Factors Associated with Purchasing the 2005 Bonds Investment in the 2005 Bonds involves risks that may not be appropriate for some investors. See the Section ofthis Official Statement entitled "BONDO WNERS' RISKS" for a discussion of certain risk factors which should be considered, in addition to the other matters set forth herein, in considering the investment quality of the 2005 Bonds. Forward Looking Statements Certain statements included or incorporated by reference in this Official Statement constitute "forward-looking statements" within the meanmg of the United States Private Securities Litigation Reform Act of 1995, Section 21 E ofthe United States Securities Exchange Act of! 934, as amended, and Section 27 A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as a "plan," "expect," "estimate," "project," "budget" or sImilar words. Such forward. looking statements include, but are not limited to certain statements contained in the information under the caption "THE COMMUNITY FACILITIES DISTRICT - Property Ownership" therein. THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MA TERlALL Y DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. NEITHER THE AUTHORITY NOR THE DlSTRfCT PLANS TO ISSUE ANY UPDATES OR REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET FORTH IN THIS OFFICIAL STATEMENT. Professionals Involved in the Offering U.S. Bank National Association, Los Angeles, California, will serve as the fiscal agent, paying agent, registrar, authentication and transfer agent, and dissemination agent for the 2005 Bonds and will perform the functions required of it under the Fiscal Agent Agreement for the payment ofthefrincipal of and mterest and any premium on the 2005 Bonds and all activities related to the redemption 0 the 2005 Bonds. Quint & Thimmig LLP, San Francisco, California is serving as Bond Counsel to the Authority. McFarlin & Anderson LLP, Lake Forest, California, is acting as Disclosure Counsel to the Authority. Canty Engineering Group, fnc., Riverside, California, acted as special tax consultant to the District. Fieldman, Rolapp and Associates, Irvine, California, acted as Financial Advisor to the Authority. The appraisal work was done by Stephen G. White, MAl of Fullerton, California. * PreliminaI)', subject to change. 4 Payment of the fees and expenses of Bond Counsel, Disclosure Counsel, the Fiscal Agent and the Underwriter, and of a portion of the fees and expenses of the Financial Advisor and the Special Tax Consultant, is contingent upon the sale and delivery of the 2005 Bonds. Other Information This Official Statement speaks only as of its date, and the information contained herein is subject to change. Brief descriptions of the 2005 Bonds, certain sections of the Fiscal Agent Agreement, security for the 2005 Bonds, special risk factors, the Authority, the District, information regarding the development plan for the property owned by Crowne Hill Reserve 28, LLC and other information are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. The descriptions herein of the 2005 Bonds, the Fiscal Agent Agreement, and other resolutions and documents are qualified in their entirety by reference to the complete texts of the 2005 Bonds, the Fiscal Agent Agreement, such resolutions and other documents. All such descriptions are further qualified in their entirety by reference to laws and to principles of equity relating to or affecting generally the enforcement of creditors' rights. Copies of such documents may be obtained upon written request from the Temecula Public Financing Authority, 43200 Business Park Drive, Temecula, California 92590 Attention: Treasurer. The Authority may charge for copying and mailing any documents requested. CONTINUING DISCLOSURE The Authority. The Authority has covenanted for the benefit of the owners of the 2005 Bonds to provide annually certain financial information and operating data relating to the 2005 Bonds, the District, ownership and development of the property in the District which is subject to the Special Tax, the occurrence of delinquencies in payment ofthe Special Tax, and the status of foreclosure proceedings, if any, respecting Special Tax delinquencies (the "Authority Annual Report"), and to provide notice ofthe occurrence of certain enumerated events, if material. Such information is to be provided by the Authority not later than eight months after the end of the Authority's Fiscal Year (which currently would be March I), commencing with the reports for the 2004-05 Fiscal Year. The Authority, the City and related entities have never failed to comply in all material respects with any previous undertakings with regard to said Rule to provide annual reports or notices of material events. Filing of District Annual Reports; Form of Reports. Each Annual Report will be filed by the Fiscal Agent, as dissemination agent, with each Nationally Recognized Municipal Securities Information Repository and with each State Repository, if any. These covenants have been made in order to assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2-12(b)(5):provided, however, a default under the Continuing Disclosure Agreement will not, in itself, constitute a default under the Fiscal Agent Agreement, and the sole remedy under the Continuing Disclosure Agreement in the event of any failure of the Authority or the Dissemination Agent to comply with the Continuing Disclosure Agreement will be an action to compel performance. For a complete listing of items of information which will be provided in the Authority Annual Reports, see APPENDIX E - "Form of Community Facilities District Continuing Disclosure Agreement." PLAN OF FINANCE; IMPROVEMENTS TO BE FINANCED WITH PROCEEDS OF THE 2005 BONDS Acquisition or Construction of Improvements. Proceeds of the 2005 Bonds in the amount of $ will be applied to acquire or construct certain street and signal improvements, storm drain improvements, sewer and water improvements, fire protection improvements and park and recreation improvements (collectively, the "Improvements") to be constructed within or in the vicinity of the District. For a list of the Improvements, see "THE COMMUNITY FACILITIES DISTRICT - Acquisition of Improvements." The balance ofthe proceeds of the 2005 Bonds will be used (i) to pay the costs of issuing the 2005 Bonds and (ii) to increase the amount on deposit in the Reserve Fund for the Bonds. The Authority has entered into a Joint Community Facilities Agreement between the Authority and the City whereby the City agrees to accept dedication of certain facilities financed by the District. The Authority has entered into an Acquisition Agreement between the Authority and Lennar Homes of California, Inc. ("Lennar Homes") providing for the acquisition by the Authority from Lennar Homes of certain public 5 facilities. The Authority has entered into a Joint Community Facilities Agreement among the Authority, the Eastern Municipal Water District ("EMWD"), and Lennar Homes pursuant to which EMWD will accept certain completed sewer facilities financed by the District and will apply Bond proceeds to the construction of other facilities. The Authority has entered into a Joint Community Facilities Agreement among the Authority, the Rancho California Water District, and Lennar Homes, pursuant to which Rancho California Water District will accept certain completed water facilities financed by the District and will apply Bond proceeds to the construction of other facilities. The Authority has entered into a Joint Community Facilities Agreement between the Authority and the California Department of Transportation ("CDOT"), pursuant to which the COOT will accept certain completed facilities financed by the District. ESTIMATED SOURCES AND USES OF FUNDS The proceeds from the sale of the 2005 Bonds will be deposited into the respective accounts and funds established by the Authority under the Fiscal Agent Agreement, as follows: SOURCES Principal Amount of2005 Bonds Less: Net Original Issue Discount Less: Underwriter's Discount $ Total Sources $ USES Deposit into Improvement Fund'!) Deposit into Reserve Fund Deposit into Cost ofIssuance Fund(2) $ Total Uses $ (OJ '" See "PLAN OF FtNANCE; IMPROVEMENTS TO BE FINANCED WITH PROCEEDS OF THE 2005 80NDS" above. Includes, among other things, the fees and expenses of Bond Counsel, Disclosure Counsel, the Financial Advisor, the Special Tax Consultant and the Fiscal Ag~nt, the cost of printing the Preliminary and final Official Statements and reimbursement to the District and Lennar Homes for costs advanced towards the issuance of Bonds. THE 2005 BONDS Description ofthe 2005 Bonds The 2005 Bonds will be dated their date of delivery and will bear interest at the rates per annum set forth on the cover page hereof, payable semiannually on each March 1 and September I, commencing on March 1, 2006 (each, an "Interest Payment Date"), and will mature in the amounts and on the dates set forth on the inside cover page hereof. The 2005 Bonds will be issued in fully registered form in denominations of$5,000 each or any integral multiple thereof and when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the 2005 Bonds. Ownership interests in the 2005 Bonds may be purchased in book- entry form only, in denominations of$5,OOO or any integral multiple thereofwithin a single maturity. So long as the 2005 Bonds are held in book-entry form, principal of, premium, ifany, and interest on the 2005 Bonds will be paid directly to DTC for distribution to the beneficial owners of the 2005 Bonds in accordance with the procedures adopted by DTC. See "THE 2005 BONDS - Book-Entry and DTC." The 2005 Bonds will bear interest at the rates set forth on the cover hereof payable on the Interest Payment Dates in each year. Interest will be calculated on the basis of a 360-day year comprised of twelve 30-day months. Each 2005 Bond shall bear interest from the March I or September I (each an "Interest Payment Date") next precedinll the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event tt shall bear interest from such date of authentication, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date (as defined below) preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event 6 it shall bear interest from the Bond Date; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such 2005 Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. The principal of, and interest and premium, ifany, payable on the 2005 Bonds shall be payable when due, by wire transfer of the Fiscal Agent, to The Depository Trust Company, New York, New York ("DTC"), which will in turn remit such principal, interest and premium, if any, to its Participants (as described in APPENDIX G - "Book-Entry System"), which Participants will in turn remit such principal, interest and premium, ifany, to the Beneficial Owners (as defined in APPENDIX G - "Book-Entry System") ofthe 2005 Bonds. In the event that the 2005 Bonds are not registered in the name of Cede & Co., as nominee ofDTC or another eligible depository as described below, both the principal and redemption price, including any premium, of the 2005 Bonds shall be payable by check in lawful money of the United States of America upon presentation of the 2005 Bonds at the principal office of the Fiscal Agent as specified in the Fiscal Agent Agreement; and interest on the 2005 Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check ofthe Fiscal Agent mailed on the Interest Payment Dates by first class mail to the registered owner thereof at such registered owner's address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer to an account within the United States of America made on such Interest Payment Date upon written instructions of any Bondowner of $1 ,000,000 or more in aggregate principal amount of 2005 Bonds received before the applicable Record Date, which instructions shall continue in effect until revoked in writing, or until such 2005 Bonds are transferred to a new Bondowner. The 2005 Bonds are issuable only as fully-registered bonds without coupons in denominations of $5,000 or any integral multiple of $5,000 in excess thereof. The registered owner of any 2005 Bond will be the person or persons in whose name or names a 2005 Bond is registered on the registration books kept for that purpose by the Fiscal Agent in accordance with the terms of the Fiscal Agent Agreement. The "Record Date" with respect to any 2005 Bonds, means the fifteenth day of the month next preceding the month ofthe applicable Interest Payment Date, whether or not such day is a Business Day. So long as the 2005 Bonds are in book-entry only form, all references in this Official Statement to the owners or holders of the 2005 Bonds means DTC and not the Beneficial Owners. 7 Debt Service Schedule The following table presents the annual debt service on the 2005 Bonds (including sinking fund redemptions), assuming that there are no optional redemptions or mandatory redemptions from prepayments of special taxes. Year Ending September I Principal 2006 $ 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 $ Total Debt Service Interest $ $ $ $ 8 Terms of Redemption The 2005 Bonds are subject to redemption upon the circumstances, on the dates and at the prices set forth as follows. Optional Redemption'. The 2005 Bonds maturing on or after September I, 2006 are subject to optional redemption prior to their stated maturity on any fnterest Payment Date on or after September I, 20 ,as a whole, or in part among maturities so as to maintain substantially level debt service on the Bonds andby lot within a maturity, at a redemption price (expressed as a percentage ofthe principal amount ofthe 2005 Bonds to be redeemed), as set forth below, together with accrued interest thereon to the date fixed for redemption: Redemption Date March I, 2006 through March I, 2015 September 1,2015 and any Interest Payment Date thereafter Redemption Price 102% 100 Mandatory Sinking Payment Redemption. The 2005 Bonds maturing on September I, 20 , are subject to mandatory sinking payment redemption in part on September I, 20_, and on each September I thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date 20 20 20_ (maturity) Sinking Payments $ The 2005 Bonds maturing on September I, 20_, are subject to mandatory sinking payment redemption in part on September 1,20_, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Sinking Fund Redemption Date 20 20 20 20 20 20 20_ (maturity) Sinking Payments $ The amounts in the foregoing tables shall be reduced to the extent practicable so as to maintain level debt service on the 2005 Bonds as a result ofany prior partial redemption ofthe 2005 Bonds pursuant to an optional redemption or mandatory redemption from prepaid Special Taxes as specified in writing by the Treasurer to the Fiscal Agent. * Preliminary, subject to change. 9 Redemptionfrom Special Tax Prepayments'. Special Tax Prepayments and any corresponding transfers from the Reserve Fund shall be used to redeem the 2005 Bonds on the next Interest Payment Date for which notice of redemption can timely be given, by lot and allocated among maturities ofthe 2005 Bonds so as to maintain substantially level debt service on the Bonds, at a redemption price (expressed as a percentage at the principal amount of the 2005 Bonds to be redeemed), as set forth below, together with accrued interest to the date fixed for redemption: Redemption Date March 1,2006 through March 1,2015 September 1,2015 and any Interest Payment Date thereafter Redemption Price ]02% 100 Purchase In Lieu of Redemption. In lieu of any redemption, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding 2005 Bonds, upon the filing with the Fiscal Agent of an officer's certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such officer's certificate may provide, but in no event may Bonds be purchased at a price in excess ofthe principal amount thereof, plus interest accrued to the date of purchase and any premium which would otherwise be due if such 2005 Bonds were to be redeemed in accordance with the Fiscal Agent Agreement Notice of Redemption. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, to the Underwriter, to the Securities Depositories, to one or more Infonnation Services, and to the respective registered Bondowners of any 2005 Bonds designated for redemption, at their addresses appearing on the Bond registration books in the principal office of the Fiscal Agent; but such mailing shall not be a condition Frecedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shal not affect the validity ofthe proceedings for the redemption of such Bonds. Such notice shall state the redemption date and the redemption price and, ifless than all ofthe then Outstanding 2005 Bonds are to be called for redemption, shall designate the CUSJP@ numbers and Bond numbers of the 2005 Bonds to be redeemed by giving the individual CUSIP@numberand Bond number of each 2005 Bond to be redeemed or shall state that all 2005 Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the 2005 Bonds of one or more maturities have been called for redemption, shall state as to any 2005 Bond called in part the principal amount thereof to be redeemed, and shall require that such 2005 Bonds be then surrendered at the principal office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such 2005 Bonds will not accrue from and after the redemption date. Partial Redemption. Whenever provision is made in the Fiscal Agent Agreement for the redemption of less than all of the Bonds or any given portion thereof, the Fiscal Agent shall select the Bonds to be redeemed, from all Bonds or such given portion thereof not previously called for redemption, among maturities as directed in writing by the Treasurer (who shall specifY Bonds to be redeemed so as to maintain, as much as practicable, the same debt service profile for the Bonds as in effect prior to such redemption, unless otherwise specified herein), and by lot within a maturity in any manner which the Fiscal Agent deems appropriate. Upon surrender of Bonds redeemed in part only, the Authority shall execute and the Fiscal Agent shall authenticate and deliver to the registered Bondowner, at the expense of the Authority, a new Bond or Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment ofthe principal of, and interest and any premium on, the 2005 Bonds so called for redemption shall have been deposited m the Bond Fund, such 2005 Bonds so called shall cease to be entitled to any benefit under the Fiscal Agent Agreement other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in such notice. * Preliminary, subject to change. 10 Transfer and Exchange of Bonds Any 2005 Bond may, in accordance with the terms of the Fiscal Agent Agreement, be transferred upon the books ofthe Fiscal Agent required to be kept pursuant to the Fiscal Agent Agreement by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such 2005 Bond for cancellation, accompanied by delivery of a written instrument of transfer in a form acceptable to the Fiscal A~ent. The 2005 Bonds may be exchanged at the principal office of the Fiscal Agent for a like aggregate prtncipal amount of2005 Bonds of authorized denominations and ofthe same series and maturity. The Fiscal Agent shall collect from the Bondowner requesting such exchange any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfer or exchange shall be required to be made of any 2005 Bonds (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption, (ii) with respect to a Bond after such Bond has been selected for redemption or (iii) between a Record Date and the succeeding Interest Payment Date. Book-Entry and DTC The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the 2005 Bonds. The 2005 Bonds will be issued as fully registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative ofDTC. One fully registered 2005 Bond certificate will be issued for each maturity of the 2005 Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. All references in this Official Statement to the Bondowners or an owner of2005 Bonds shall mean DTC or its designee and not the beneficial owners of the 2005 Bonds. See APPENDIX G - "Book-Entry System." SECURITY FOR THE BONDS General The Bonds are secured by a pledge of all of the Special Tax Revenues and, all moneys deposited in the Bond Fund, the Reserve Fund and, until disbursed as provided in the Fiscal Agent Agreement, in the Special Tax Fund. Pursuant to the Act and the Fiscal Agent Agreement, the Authority will annually levy in each Fiscal Year the Special Taxes in an amount required for the payment of principal of and interest on any outstanding Bonds becomin~ due and payable during the calendar year commencing in each Fiscal Year, including any necessary replemshment of Reserve Fund for the Bonds and an amount estimated to be sufficientto pay the Administrative Expenses during such year. The Special Tax Revenues and all deposits into said funds (until disbursed as provided in the Fiscal Agent Agreement) are pledged to the payment of the principal of, and interest and any premium on, the Bonds as provided in the Fiscal Agent Agreement and in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities (as defined in the Fiscal Agent Agreement) have been set aside irrevocably for that purpose. Amounts in the Administrative Expense Fund, the Cost of Issuance Fund, and the Improvement Fund are not pledged to the repayment of the Bonds. The Improvements constructed or acquired with the proceeds of the Bonds are not in any way pledged to pay the debt service on the Bonds. Any proceeds of condemnation or destruction of any facilities financed with the proceeds ofthe Bonds are not pledged to pay the debt service on the Bonds and are free and clear of any lien or obligation imposed under the Fiscal Agent Agreement. Special Taxes The Authority has covenanted in the Fiscal Agent Agreement to comply with all requirements of the Act so as to assure the timely collection of Special Taxes, including without limitation, the enforcement of delinquent Special Taxes. The Fiscal Agent Agreement provides that the Special Taxes are payable and will be collected in the same manner and at the same time and in the same installment as the general taxes on real property, and will have the same priority, become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property; provided, the Authority may provide for direct collection at other times of the Special Taxes in certain circumstances. II Because the Special Tax levy is limited to the maximum Special Tax rates set forth in the Rate and Method, no assurance can be given that, in the event of Special Tax delinquencies, the receipts of Special Taxes will, in fact, be collected in sufficient amounts in any given year to pay debt service on the Bonds. Although the Special Tax, when levied, will constitute a lien on parcels subject to taxation within the District, it does not constitute a personal indebtedness of the owners of property within the District. There is no assurance that the owners of real property in the District will be financially able to pay the annual Special Tax or that they will pay such tax even if financially able to do so. See "BONDOWNERS' RISKS" herein. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE AUTHORITY, THE DISTRICT (EXCEPT TO THE LIMITED EXTENT DESCRIBED HEREIN) OR THE STATE OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE BONDS. OTHER THAN THE SPECIAL TAXES OF THE DISTRICT, NO TAXES ARE PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT A GENERAL OBLIGATION OF THE AUTHORITY OR THE DISTRICT, BUT ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE SOLEL Y FROM SOURCES PROVIDED IN THE FISCAL AGENT AGREEMENT. 12 Estimated Debt Service Coverage The following table illustrates the estimated coverage for the debt service on the 2003 Bonds and the 2005 Bonds. In the event of delinquencies in Special Tax payments received by the Authority, the estimated coverage ratios may not be achieved. See the table captioned "Historical Delinquency Infonnation" under "THE COMMUNITY FACILITIES DISTRICT" for information of historical Special Tax delinquencies in the District. Table I Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Estimated Debt Service Coverage Aggregate Debt Service Total Debt Service Coverage Net Taxesl') 2003 Bonds Debt Service 2005 Bonds Debt Service Year 2006 2007 2008 2009 2010 2011 2012 2013 2014 20]5 20]6 2017 2018 20]9 2020 202] 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 (I) Net Taxes (Gross Taxes less Administrative Expenses) based on property categorized as Developed Property or Approved Properly in the District as of May 15,2005. Source: Canty Engineering Group, Inc. 13 In the event that delinquencies occur in the receipt ofthe District's Special Taxes in any fiscal year, the Authority may increase the Special Tax levy in the following fiscal year up to maximum amount permitted under the Rate and Method. Although the Special Tax levy may be increased, Net Taxes resulting from the increase would not be available to cure any delinquencies for a period of one year or more. In addition, an increase in the Special Tax rates may adversely affect the ability or willingness of property owners to pay their Special Taxes. See "SECURITY FOR THE BONDS- Rate and Method," "BONDOWNERS' RISKS-Insufficiency oftheSpecial Tax" and APPENDIX B- "Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Rate and Method of Apportionment of Special Tax" hereto for a description ofthe District's procedures for levying Special Taxes. Rate and Method General. The Special Tax is levied and collected according to the Rate and Method set forth in APPENDIX B - "Temecuia Public Financing Authority Community Faciiities District No 03-1 (Crowne Hill) Rate and Method of Apportionment of Special Tax." The qualified electors of the District approved the Rate and Method on March 25, 2003. Capitalized tenns used in the following paragraphs but not defined herein have the meanings given them in the Rate and Method. The Rate and Method provides the means by which the Board of Directors of the Authority may annually levy the Special Taxes within the District up to the Maximum Special Tax. The Rate and Method provides that the Annual Special Tax may not be levied after Fiscal Year 2043-44. Special Tax Requirement. Annually, at the time of levying the Special Tax for the District, the Authority will determine the amount of money to be collected from Taxable Property in the District (the "Special Tax Requirement"), which will be the amount required in any Fiscal Year to pay the following: (i) the annual debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) periodic cost on the Bonds, including, but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; (iv) an amount equal to any anticipated shortfall due to Special Tax delinquency in the prior Fiscal Year; and (v) any amount required to establish or replenish any reserve funds for the outstanding Bonds; less (vi) a credit for funds available to reduce the annual Special Tax levy as detennined pursuant to the Fiscal Agent Agreement. Developed and Undeveloped Property; Exempt Property. The Rate and Method declares that for each Fiscal Year, all Parcels of Taxable Property within the District of each Zone shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that is not Exempt Property and shall be subject to the levy of Special Taxes in accordance with the Rate and Method. (i) "Taxable Prooertv" means all Parcels in the District which have not prepaid pursuant to the Rate and Method, or are not exempt from the Special Tax pursuant to law or the Rate and Method. (ii) "Develooed Prooertv" means all Parcels of Taxable Property, not classified as Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions ofthe Rate and Method, (i) that are included in a Final Map that was recorded prior to the January I preceding the Fiscal Year in which the Special Tax is being levied and (ii) a building permit for new construction has been issued prior to April I preceding the Fiscal Year in which the Special Tax is being levied. 14 (iii) (iv) (v) (vi) (vii) "Aooroved Prooe!:';''' means for the any Fiscal Year, all Parcels ofTaxable Property: (i) that are included in a Fmal Map that was recorded prior to the January I preceding the Fiscal Year in which the Special Tax is being levied and (Ii) for which a buildin~ permit was not issued prior to the April I preceding the Fiscal Year in which the Spectal Tax is being levied. "Public Prooertv" means any property within the boundary of the District which, as of January I ofthe preceding Fiscal Year for which the Special Tax is being levied is used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, City or any other iocal jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shaii be taxed and classified according to its use. "Undevelooed Prooertv" means all Taxable Property not classified as Developed Property, Approved Property, Public Property and/or Property Owner Association Property that is not Exempt Property (as defined in the Rate and Method). "Zones" means Zone 1 or Zone 2 as geographicaiiy identified on the boundary map of the District attached to the Rate and Method. "Exemptions" is defined to include the foiiowing: Zone 1. The Rate and Method provides that no Special Tax shaii be levied on up to 93.41 acres of Public Property and/or Property Owner Association Property within Zone 1 of the District. The District Administrator will assign tax-exempt status in the chronological order in which property becomes Public Property and/or Property Owner's Association Property within Zone 1. Once an Assessor's Parcel has been classified as Public Property, its tax-exempt status will be permanent, independent ofits future uses. Public Property includes property used for rights-of-way or any other purpose and owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, the City or any other local jurisdiction. After the limit of93.41 acres within Zone I of the District has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property shall be prepaid in full pursuant to the Rate and Method, prior to the transfer of dedication of such property. Until the Maximum Special Tax obligation is prepaid as provided in the preceding sentence, the Public Property and/or Property Owner's Association Property within the District shaii be subject to the levy of the Special Tax as provided for in the Rate and Method. Zone 2. The Rate and Method provides that no Special Tax shaii be levied on up to 30.43 acres of Public Property and/or Property Owner Association Property within Zone 2 ofthe District. The District Admmistrator will assign tax-exempt status in the chronological order in which property becomes Public Property and/or Property Owner's Association Property within Zone 2. Once an Assessor's Parcel has been classified as Public Property, its tax-exempt status will be permanent, independent of its future uses. After the limit of 30.43 acres within Zone 2 of the District has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property shall be prepaid in full pursuant to the Rate and Method, prior to the transfer of dedication of such property. Until the Maximum Special Tax obligation is prepaid as provided in the preceding sentence, the Public Property and/or Property Owner's Association Property within the District shaii be subject to the levy of the Special Tax as provided for in the Rate and Method. Maximum Special Tax. The Maximum Special Tax is defined in the Rate and Method as follows: (i) Undevelooed Property and Aporoved Propertv: Zone 1. The Maximum Special Tax for each Parcel of Undeveloped Property and Approved Property within Zone I shall be $5,547 per acre. Zone 2. The Maximum Special Tax for each Parcel of Undeveloped Property and Approved Property within Zone 2 shaii be $8,519 per acre. 15 Developed Propertr,: The Maximum Special Tax for each Parcel of Residential Property within tts applicab e Zone that is classified as Developed Property shall be the greater of (i) the applicable Assigned Special Tax described in the Rate and Method or (ii) the amount derived by application of the Backup Special Tax. The Maximum Special Tax for each Parcel of Non-Residential Property shall be the Assigned Special Tax described in the Rate and Method. The Assigned Annual Special Tax for Developed Property ranges from $308 fora muitifamily residential unitto $5,136 perresidential unit in Zone 1 and from $473 for a multifamily residential unit to $1,927 per residential unit in Zone 2. See APPENDIX B - "Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Rate and Method of Apportionment of Special Tax - Table I" herein for a listing of the Assigned Annual Special Tax rates for various sizes of units in each Zone. Zone 1 Backup Special Tax. The Backup Special Tax shall be $5,547 per acre for Parcels of Residential Property that are included in a Final Map. (ii) Zone 2 Backup Special Tax. The Backup Special Tax shall be $8,519 per acre for Parcels of Residential Property that are inciuded in a Final Map. Method of Apportionment. The Rate and Method provides that for each Fiscal Year, the Authority shall levy the Special Tax on all Taxable Property until the amount of Special Taxes equals the Special Tax Requirement in accordance with the following steps: First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rate in Tables I or 2 of the Rate and Method as needed to satisfy the Special Tax Requirement; Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property; Third: Ifadditional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; Fourth: Ifadditional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levted on each Parcel of Developed Property whose Maximum Special Tax is derived through the application ofthe Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; and Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner Association Property that is not Exempt Property at up to 100% pursuant to the provtsions of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default by the owner of any other Parcel within the District. Prepayment of Maximum Special Taxes. The Maximum Special Tax obligation for a Parcel of Developed Property, Approved Property for which a building permit has been issued or Public Property and/or Property Owner's Association Property that is not Exempt Property may in certain circumstances be prepaid in whole or in part, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Parcel at the time the Annual Special Tax obligation would be prepaid. The Prepayment Amount for an applicable Parcel after the issuance of2005 Bonds is calculated based on Bond Redemption Amounts and other costs, all as specified in APPENDIX B - "Temecula Public Financing AuthOrIty Community Facilities District No. 03-1 (Crowne Hill) Rate and Method of Apportionment of Special Tax - Section H" herein. Any such prepayment will result in a redemption of Bonds prior to maturity. See "THE 2005 BONDS - Terms of Redemption." 16 Special Taxes and the Teeter Plan The County has adopted a Teeter Plan as p'rovided for in Section 4701 et seq. of the California Revenue and Taxatton Code, under which a tax distnbution procedure is implemented and secured roll taxes are distributed to taxing agencies within the County on the basis ofthe tax levy, rather than on the basis of actual tax collections. By policy, the County does not include assessments, reassessments and special taxes, including the Special Taxes of the District, in its Teeter program. Proceeds of Foreclosure Sales Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a Superior Court action to foreclose the lien therefor within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale. Such judicial foreclosure action is not mandatory. Under the Fiscal Agent Agreement, on or about February 15 and June 15 of each Fiscal Year, the Treasurer shall compare the amount of Special Taxes theretofore levied in the District to the amount of Special Tax Revenue theretofore received by the Authority, and: Individual Delinquencies. If the Treasurer determines that any single parcel subject to the Special Tax in the District is delinquent in the payment of Special Taxes in the aggregate amount of$2,500 or more, then the Treasurer will send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner within 45 days of such determination, and (if the delinquency remains uncured) foreclosure proceedings will be commenced by the Authority within 90 days of such determination. Notwithstanding the foregoing, the Treasurer may defer such action if the amount in the Reserve Fund is at least equal to the Reserve Requirement. Aggregate Delinquencies. Ifthe Treasurer determines that(i) the total amount of delinquent Special Tax for the prior Fiscal Year for the entire District (including total individual delinquencies described above) exceeds 5% of the total Special Tax due and payable for the prior Fiscal Year or (ii) there are ten (10) or fewer owners of real property in the District, determined by reference to the latest available secured property tax roll of the County, the Treasurer shall notify or cause to be notified property owners who are then delinquent in the payment of Special Taxes (and demand immediate payment of the delinquency) withm 45 days of such determination, and the Authority will commence foreclosure proceedings within 90 days of such determination against each parcel ofland in the District with a Special Tax delinquency. It should be noted that any foreclosure proceedings commenced as described above could be stayed by the commencement of bankruptcy proceedings by or against the owner of the delinquent property. See "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delay." No assurances can be given that ajudicial foreclosure action, once commenced, will be completed or that it will be completed in a timely manner. See "BONDOWNERS' RISKS - Potential Delay and Limitations in Foreclosure Proceedings." If a judgment of foreclosure and order of sale is obtained, the judgment creditor (the District) must cause a Notice of Levy to be issued. Under current law, a judgment debtor (property owner) has 120 days from the date of service of the Notice of Levy and 20 days from the subsequent notice of sale in which to redeem the property to be sold. Ifajudgment debtor fails to so redeem and the property is sold, his only remedy is an action to set aside the sale, which must be brought within 90 days ofthe date of sale. If, as a result of such action, a foreclosure sale is set aside, the judgment is revived and the judgment creditor is entitled to interest on the revived judgment as if the sale had not been made. The constitutionality of the aforementioned legislation, which repeals the former one-year redemption period, has not been tested; and there can be no assurance that, iftested, such legislation will be upheld. Any parcel subject to foreclosure sale must be sold at the minimum bid price unless a lesser minimum bid price tS authorized by the owners of75% of the principal amount of the Bonds Outstanding. No assurances can be given that the real property subject to sale or foreclosure will be sold or, if sold, that the proceeds of sale will be sufficient to pay any delinquent Special Tax installment. The Act does not require the Authority or the District to purchase or otherwise acquire auy lot or parcel of property offered for sale or subject to foreclosure ifthere is no other purchaser at such sale. The 17 Act does specify that the Special Tax will have the same lien priority in the case of delinquency as for ad valorem property taxes. If delinquencies in the payment of Special Taxes exist, there could be a default or delay in payments to the Bondowners ofthe Bonds pending prosecution offoreclosure proceedings and receipt by the District of foreclosure sale proceeds, ifany. However, within the limits of the Rate and Method of Apportionment and the Act, the District may adjust the Special Taxes levied on all property within the District in future Fiscal Years to provide an amount, taking into account such delinquencies, required to pay debt service on the Bonds. There is, however, no assurance that the maximum Special Tax rates will be at all times sufficient to pay the amounts required to be paid on the Bonds by the Fiscal Agent Agreement. Special Tax Fund Pursuant to the Fiscal Agent Agreement, all Special Tax Revenues received by the District will be deposited in the Special Tax Fund, which will be held by the Fiscal Agent on behalf ofthe District. Moneys in the Special Tax Fund shall be held in trust by the Fiscal Agent for the benefit of the District and the Bondowners. Pending disbursement, moneys in the Special Tax Fund will be subject to a lien in favor of the Bondowners and the District established under the Fiscal Agent Agreement. Disbursements. Moneys in the Special Tax Fund will be disbursed as needed to pay the obligations of the District as provided in the Fiscal Agent Agreement. The Authority shall promptly remit any Special Tax Revenues received by it to the Fiscal Agent for deposit by the Fiscal Agent to the Special Tax Fund. Any Special Tax Revenues constituting payment of the portion of the Special Tax levy for Administrative Expenses shall be deposited by the Treasurer in the Administrative Expense Fund and any proceeds of Special Tax Prepayments shall be transferred by the Treasurer to the Fiscal Agent for deposit by the Fiscal Agent directly in the Special Tax Prepayments Account established in the Bond Fund. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Special Tax Fund and transfer the following amounts in the following order of priority (i) to the Bond Fund an amount, taking into account any amounts then on deposit in the Bond Fund and any expected transfers from the Improvement Fund, the Reserve Fund, and the Special Tax Prepayments Account to the Bond Fund, such that the amount in the Bond Fund equals the principal (including any sinking payment), premium, if any, and interest due on the Bonds on such Interest Payment Date and (ii) to the Reserve Fund an amount, taking into account amounts then on deposit in the Reserve Fund, such that the amount in the Reserve Fund is equal to the Reserve Requirement. Investment. Moneys in the Special Tax Fund will be invested and deposited by the Authorized Officer as described in "Investment of Moneys in Funds" below. Interest earnings and profits resulting from such investment and deposit will be retained in the Special Tax Fund to be used for the purposes of such Fund. Bond Fund The Fiscal Agent will hold the Bond Fund in trust for the benefit of the Bondowners. There is created in the Bond Fund, as separate accounts to be held by the Fiscal Agent, and the Special Tax Prepayments Account. Moneys in the Bond Fund and the accounts therein shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds and for the other purposes as provided below, and, pending such disbursement, shall be subject to a lien in favor of the owners of the Bonds. Special Tax Prepayments Account. Moneys in the Special Tax Prepayments Account shall be transferred by the Fiscal Agent to the Bond Fund on the next date for which notice of redemption of Bonds can timely be given under the Fiscal Agent Agreement and shall be used (together with any applicable amounts transferred form the Reserve Fund) to redeem Bonds on the applicable redemption date. Bond Fund. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund and pay to the owners of the Bonds the principal, and interest and any premium, then due and payable on the Bonds, including any amounts due on the Bonds by reason of the sinking payments or an optional redemption ofthe Bonds. In the event that amounts in the Bond Fund are insufficient for the purposes set forth in the preceding sentence, the Fiscal Agent shall withdraw from the Reserve Fund to the extent of any 18 funds therein amounts to cover the amount of such Bond Fund insufficiency. If, after the foregoing transfers, there are insufficient funds in the Bond Fund to make the payments provided for above, the Fiscal A~ent shaIl apply the available funds first to the payment of interest on the Bonds, then to the payment of pnncipal due on the Bonds other than by reason of sinking payments, and then to the payment of principal due on the Bonds by reason of sinking payments. Any sinking payment not made as scheduled shaIl be added to the sinking payment to be made on the next sinking payment date. Investment. Moneys in the Bond Fund, and the Special Tax Prepayments Account shall be invested and deposited in accordance with the provisions of the Fiscal Agent Agreement relating to Investment of Moneys. See APPENDIX D - "Summary of Certain Provisions of the Fiscal Agent Agreement." Investment of Moneys in Funds Moneys in any fund or account created or established by the Fiscal Agent Agreement and held by the Fiscal Agent will be invested by the Fiscal Agent in Permitted Investments, as directed by an Authorized Officer, that mature prior to the date on which such moneys are required to be paid out under the Fiscal Agent Agreement. In the absence of any direction from an Authorized Officer, the Fiscai Agent will invest, to the extent reasonably practicable, any such moneys in money market funds rated in the highest rating category by Moody's or S&P, (including those for which the Fiscal Agent or its affiliates or its subsidiaries provide investment, advisory or other services). See APPENDIX D - "Summary of Certain Provisions of the Fiscal Agent Agreement" for a definition of "Permitted Investments." Rebate Requirement The Authority is required to calculate excess investment earnings ("Excess Investment Earnings") in accordance with the requirements set forth in the Fiscal Agent Agreement. The Authority shall calculate Excess Investment Earnings and if necessary may use amounts in the Administrative Expense Fund and in the Reserve Fund, and any other funds available to the District, including amounts advanced by the Authority, in its sole discretion, to be repaid by the District as soon as practicable from amounts described in the preceding clause, to satisfY its obligations under Section 148(1) of the Code. Parity Bonds The Authority may issue one series of bonds (the "Parity Bonds"), in addition to the 2003 Bonds and the 2005 Bonds authorized by means ofa Supplemental Agreement (the "Supplemental Agreement") and without the consent of any Bondowners, upon compliance with the proviSIOns of the Fiscal Agent Agreement, provided such Parity Bonds are issued for refunding purposes only. Nothing in the Fiscal Agent Agreement shaIl prohibit the Authority from issuing bonds or otherwise incurring debt secured by a pledge of Special Tax Revenues subordinate to the pledge thereof. THE AUTHORITY The Temecula Public Financing Authority was established pursuant to a Joint Exercise of Powers Agreement, dated April 10, 2001 (the "Joint Powers Agreement"), by and between the City and the Redevelopment Agency of the City ofTemecula. The Joint Powers Agreement was entered into pursuant to the provisions of Articles I through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title I of the Government Code of the State of California. The Authority was fonned for the primary purpose of assisting in the financing and refinancing of public capital improvements in the City. The Authority is administered by a five-member Board of Directors, which currently consists ofthe members of the City Council of the City. The Authority has no independent staff. The Executive Director of the Authority is the City Manager of the City, and the Treasurer of the Authority is the City's Finance Director. The Executive Director administers the day-to-day affairs ofthe Authority, and the Treasurer has custody of all money of the Authority from whatever source. 19 Authority for Issuance The 2005 Bonds are issued pursuant to the Act and the Fiscal Agent Agreement. In addition, as required by the Act, the Board of Directors of the Authority has taken the following actions with respect to establishing the District and authorizing issuance of the 2005 Bonds: . Resolutions of Intention: On January 23, 2003, the Board of Directors of the Authority adopted Resolution No. TPF A 03- I stating its intention to establish the District and to authorize the levy ofa sl?ecial tax therein, and on the same day the Authority adopted Resolution No. TPF A 03-02 stating its intentton to incur bonded indebtedness in an amount not to exceed $25,000,000 within the District for the purpose of financing the cost of certain I?ublic improvements (the "Faciiities") and to eiiminate an existing special assessment lien (the "Prior Lien"). The Prior Lien was prepaid with proceeds of the 2003 Bonds. See "PLAN OF FINANCE; fMPROVEMENTS TO BE FfNANCED WITH PROCEEDS OF THE 2005 BONDS" herein. Resolution of Formation: Immediately following the conclusion of a noticed public hearing on March 25, 2003, the Authority adopted Resolution No. TPF A 03-05 (the "Resolution of Formation"), which established the District and authorized the levy of a special tax within the District. Resolution of Necessity: On March 25, 2003, the Authority adopted Resolution No. TPFA 03-06 declaring the necessity to incur bonded indebtedness in an amount not to exceed $25,000,000 within the District and submitting that proposition to the qualified electors of the District. Resolution Calling Election: On March 25, 2003, the Authority adopted Resolution No. TPF A 03- O? calling an election by the landowners for the same date on the issues ofthe levy of the Special Tax, the incurring of bonded indebtedness and the establishment of an appropriations limit. Landowner Election and Declaration of Results: On March 25, 2003, an election was held within the District in which the landowners eligible to vote, being the qualified electors within the District, unanimously waived all time limits for holding the election and ballot arguments, and approved a ballot proposition authorizing the issuance of up to $25,000,000 in bonds to finance the costs of the Facilities and the costs of eliminating the Prior Lien, the levy of a special tax and the establishment of an appropriations limit for the District. On March 25, 2003, the Authority adopted Resolution No. TPF A 03-08, pursuant to which the Authority approved the canvass of the votes and declared the District to be fully formed with the authority to levy the Special Taxes, to incur the bonded indebtedness and to have the established appropriations limit. The landowner election was ratified at proceedings conducted on May 13,2003. Special Tax Lien and Levy: A Notice of Special Tax Lien was recorded in the real property records of Riverside County on April 4, 2003 as Document No. 2003-238653. An Amended Notice of Special Tax Lien was recorded in the real property records of Riverside County on May 19,2003 as DocumentNo. 2003- 358388. Ordinance Levying Special Taxes: On April 8, 2003, the Authority adopted an ordinance levying the Special Tax within the District. Resolution Authorizing Issuance of the 2005 Bonds: On July [26], 2005, the Authority adopted Resoiution No. TPF A 05-_ approving issuance ofthe 2005 Bonds. 20 THE COMMUNITY FACILITIES DISTRICT Location and Description ofthe District The District consists of land located in the easterly portion of the City of Temecula, in the southwesterly portion of the County. The District is bounded generally on the west by Butterfield Stage Road, on the north by Pauba Road and by Route 79 on the south. The property within the District is governed by the Butterfield Stage Ranch Specific Plan. As of May 15, 2005, 760 homes were constructed and owned by individual homeowners and 8 homes were under construction by Greystone Homes. In addition, Crowne Hill Reserve 28, LLC owns property containing 28 estate home sites (approximately 101.6 net acres). There were 3 models and 10 production estate homes under construction by Craftsmen Homes on behalf ofCrowne Hill Reserve 28, LLC and the remaining 18 lots were in near-finished lot condition. Subsequent to June 1,2005, Greystone Homes closed escrow on the 8 homes which had been under construction on June I, 2005. See "THE COMMUNITY FACILITIES DISTRICT - Property Ownership" herein. Utility services for parcels in the District are provided by Southern California Edison (electricity), Southern Caltfornia Gas Company (natural gas), CR&R Disposal (refuse collection), EMWD (sewage), Rancho California Water District (water), Riverside County Flood Control District (storm water), Adelphia (cable-Zone I), Media One (cable-Zone 2) and Verizon (telephone). Schools are located in the Temecula Valley Unified School District. Specific Plan The Butterfield Stage Ranch Specific Plan was adopted in November 1987 by the County. The Butterfield Stage Ranch Specific Plan serves as a planning guide for development of the property in the District. The Butterfield Stage Ranch Specific Plan development concept includes residential neighborhoods, landscape buffers, homeowners' association private-owned park sites, open space and equestrian trails. Environmental Conditions Environmental Impact Report. fn connection with the Butterfield Stage Ranch Specific Plan approval, the owner at that time was responsible for the application and processing of Environmental Impact Report No. 230 (the "EIR") for the property encompassed by the Butterfield Stage Ranch Specific Plan. The EIR was certified March 1988 (SCH NO. 87030927). A Phase I Environmental Site Assessment was approved in November 1997. The Phase I Environmental Site Assessment identified dumped material located throughout the property and a former above ground storage tank site and vault area in the eastern portion ofthe site, north of Lisa Road and Cee Cee Lane. The report concluded that the site had a low risk of contamination. The identified materials have been removed by a prior owner and Lennar Homes is not aware of any adverse conditions relating to the property. Endangered Species Act Permit. On July 23, 2002, Lennar Homes assumed PCC Ill's obligations under Endangered Species Act Pennit TE03500-0. Lennar Homes was responsible for implementing remaining measures and Lennar Communities completed the remaining measures. The permit authorizes incidental take of certain federally threatened species, including coastal California gnatcatcher, endangered species including Quino checkers pot butterfly and Riverside fairy shrimp and certain listed sensitive species. Lennar Homes is subject to compliance with, and implementation of Assessment District No. 161 Multiple Species Subarea Habitat Conservation Plan and Implementation Agreement. The development is not within Assessment District No. 161, but is within the Subarea Habitat Conservation Plan area. Lennar Communities completed grading ofthe property in compliance with the applicable requirements. Bi%gical Resources. Based upon the biological studies performed for the site, the property within the District does not include significant onsite biological resources. The Butterfield Stage Ranch Specific Plan proposes two public park sites (3.5-acres and 5. I-acres) and five (5) private parks to be developed consistent with the mitigatIon requirement of the U.S. Army Corps of Engineers and State Department of Fish and Game. [The parks have been constructed and are being maintained by Lennar Homes for the applicable maintenance periods.] [CONFIRM] 21 Mitigation Relating to Waters of the United States of America. The U.S. Army Corps of Engineers has jurisdiction over developments in or affecting the navigable waters of the United States of America pursuant to the Rivers and Harbors Act and the Clean Water Act. The development within the District impacted approximately 0.7-acre of non-vegetated water ofthe U.S. In order to compensate for the project's impacts to water of the U.S., in August 2001, a prior owner and the U.S. Army Corps of Engineers entered into a mitigation agreement that the owner create or restore 2.38-acres of water of the U.S., including creation of six vegetated detention basins, and creation or restoration at four locations on-site, as stated in the April 2003 Crowne Hill Mitigation and Monitoring Plan, a condition of the U.S. Army Corps of Engineers, and agreed to by such agency. These four mitigation areas will be maintained as open space in perpetuity. The period for completion of the work ends on July 9, 2004 but is subject to extension. [WAS THE WORK COMPLETED BEFORE JULY 9, 2004?] The mitigation agreement was obtained by a prior owner of the property and Lennar Homes assumed the agreement on July 12,2002. On July 9, 2001, the U.S. Army Corps of Engineers determined that the activity complied with the terms and conditions of the nationwide permit issued under Section 404 of the Clean Water Act, provided that the activity met the criteria in the permit terms and conditions. The Section 40 I Water Quality Certification was agreed to by the California Regional Water Quality Control Board (San Diego Division) on January 15,2002. Streambed Alteration Agreement. A prior owner filed a request for a Section 1603 Streambed Alteration Agreement with the California Department ofFish and Game ("CDFG"). The CDFG and Lennar Homes (as successor to Crowne Meadows, L.P.) entered into an Agreement Regarding Proposed Stream or Lake Alteration on February 7, 2001 to fill 0.92-acre of "waters of the State" and mitigate with three restored drainages and one wetland basin, totaling 2.38-acres. It was assumed that the Streambed Alteration Agreement #6-140-00 was agreed to because CDFG did not respond within the response period. National Pollution Discharge Elimination System Permit and Storm Water Pollution Prevention Plan. Pursuant to the Federal Clean Water Act (Section 402(g)) and State General Construction Activity Storm Water Permit, a National Pollution Discharge Elimination System (NPDES) permit and storm water pollution prevention plan was required from the California Regional Water Quality Control Board (San Diego Region) for grading and construction of areas greater than five acres. Lennar Communities had a revised Storm Water Pollution Prevention Plan prepared for the project in conformance with the California NPDES General Permit No. CAS 000002 for Storm Water Discharges Associated with Construction Activity (Construction Permit). The permit and storm water pollution prevention plan were approved by the California Regional Water Quality Control Board (San Diego DiviSIOn) on February 1,2002 by Order 99-08. The prior owner obtained a Section 401 Water Quality Certification for Discharge of dredged and/or fill materials in June 200 I and was granted an amendment in January 2002 to use vegetated water quality basins, continuous deflective separation (CDS) units and fossil filters. The proposed discharge from the Crowne Hill project was to comply with the applicable provisions of the Clean Water Act. Toxic materials are not known to have been treated, stored, disposed, spilled or leaked in significant quantities onto the project site and no contaminated soils were found on the site. Prior to rough grading, the land was maintained as natural open space. The property was vacant for some time before being acquired by the current owners. No significant spills or disposals of gasoline or diesel fuel are known to have occurred. Other Matters Nearby Airports. The Billy Joe Airport (private small aircraft facility) is iocated approximately one half mile east of the District. The French Valley Airport is located approximately 4.4 miles southwest of the District. Additional Approvals. No additional discretionary approval is needed for development in the District as contemplated by the EIR that would require additional environmental review by the City under the California Environmental Quality Act. Covenants, Conditions and Restrictions. All of the parcels in the District are subject to recorded covenants, conditions and restrictions that provide for a levy of homeowners' association assessments, on a basis subordinate to the lien of the Special Taxes. 22 Acquisition of Improvements The Authority and Lennar Homes have entered into an Acquisition Agreement (the "Acquisition Agreement") dated as of June 1,2003. Under the terms of the Acquisition Agreement, the Authority will acquire some of the Improvements from Lennar Homes upon completion of various discrete components of infrastructure and inspection thereof by the City. The Acquisition Agreement provides that the infrastructure will be acquired for an amount based upon the documented Actual Cost (as defined in the Acquisition Agreement) thereof or for such other amount as may be agreed upon by Lennar Homes and the Authority. [DISCUSS STATUS OF IMPROVEMENTS BEING FINANCED] Description of Project The District is substantially built-out, with 760 of 796 homes completed. 8 production homes are under construction by Greystone Homes. 3 models and 7 production estate homes are under construction by Craftsmen Homes, LLC on behalf ofCrowne Hill Reserve 28, LLC. Crowne Hill Reserve 28, LLC also owns 18 vacant estate lots. Table 2 below sets forth information regarding the projects being developed in the District. Table 2 Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Property Ownership and Development Status Units Completed Total or Under Number Construction Development of as of May Status of Development Ownership Name Units 15, 2005 as of May 15,2005 Individual Stratford il4 114 Owner occupied homes. homeowners Individual Nottingham ] 119 119 1 production home under construction; 118 homeowners owner occupied or completed homes. Individual Astoria2 ill III 7 production homes under construction; 104 homeowners owner occupied or completed homes. Individual Carlyle 100 100 O\\'11er occupied homes. homeowners Individual Fairmant 112 il2 Owner occupied homes. homeowners Individual Knightsbridge 127 127 Owner occupied homes. homeowners Individual Hampton 85 85 Owner occupied homes. homeowners Crowne Hill Reserve The Reserve -.M -1.Q 3 model homes under construction; 7 28, LLC production homes under construction; 18 vacant lots. Total 796 778 (1) One production home under construction by Greystone Homes. owned by Greystone Homes. 7 production homes under construction by Greystone Homes. owned by Greystone Homes. Other recently completed homes may be Other recently completed bomes may be '2' Sources: Appraisal. 23 Estimated Special Tax Allocation by Property Ownership Based on the Appraisal, as of May 15,2005 there were approximately 3 model homes and 7 production homes under construction by Crowne Hill Reserve 28, LLC in the Crowne Hill Reserve project, 1 production home was under construction by Greystone Homes in the Nottingham project and 7 production homes were under construction by Greystone Homes in the Astoria project. Special Taxes for the 760 homes completed within the District are the responsibility of the individual homeowners or Greystone Homes in the event a completed home has not yet closed escrow. The actual allocation to Crowne Hill Reserve 28, LLC and Greystone Homes will depend on sales by Crowne Hill Reserve 28, LLC and Greystone Homes of completed homes to individual homeowners during the applicable period. 24 (;(; c ~ 0'0 :.e';:; '0'- '0'0 ~,5 . c c" = .. 0 . 5"; >- -::3 >..5 '" E'"2 ~'O co :! :! " ~ 'i"ti4i co E-u co ''1 M" o C 1:l=-t:..: 0" N :t .- ~ -; \'1:1 \'1:1 "" co " ~ ~ N N <>~> '0 "" '" C '" '0 .". o ~ <A M M ,"" <A >.E ~ 0 ~ ~ 0"" 0 c ~ ~ ~ '0 ..g , , , -''' 0 ~ <- M co "'- ~ co co ~" . ro . N ,..: 0" ';30.. . E- .!.' " ~ ::: aE . :c 0. 0.0 0 .,;U " ",,' ,;:] :::;- '" ~ ~ .". ~ o ~ :: ..... co ~ ~ .". ~ c- :c~:: , . ro "" "" '" EO on "E- '0 cO .-: ~O -'... ~~ ~Q'- ~co M ::: :; "OC =.....c '-IN <A .....~v).:! >- I:ll u ...: -" 0" ~ < at <A il) ;;.- 'C e-~ u '" '" 'C"::: OW .....~ o.~ -=-== ~ ~ =_~E-t ... ~g <~~-;\.Q . ~~ c._ bJ)Q O'Y~ o . ~ , , <} "" "ij'E;j '1 '1 '5e; c . r/} ~ - . . ._ 0 = c.. c.E- ~zo[IJg . C ...'" '-'0 f"")='tIo.~M C -g~ '" ;, '" ~ c.- ~ .. ~ ~ .c'-" c.C = ~ 0 =~t:ioo~ CO CO CO .0 E-t'~Q~~> ... <A <A '" l)0 . - ... .S ;,.( ~ . ::c r/} ~ ~ C; o . . ~;; ~~:E=~ 50 ~E-o ~"" .- =<.- c.", -- =:: ~ ~ ...: "'. - y ="C >>> e=f-~ ,,- 00 ~~~ = ... CO .". ~ 'c t:: 8008 .- c, .". ~ ~ 0. >. c.ro "" '" . ~._ r/}._ o .- ;,.( ~ ~ ~'" f- = ....... "ijt~ cO .-: = ~e =" ~ _ c. "" CO :; " 8=~ .'" cO 0. ~~ Q M " .~ 8i='O <A <A <A " ""'" 00 ; " - ~ .;-: """" U , " .~ 0 ~ . M ::: M "".- " .". ~ b ~1 . . "" 0; M ~ -< ;:: :!l '" '" .E;e; N '2 -"" ~ '0 "on " '" EO . :l "" "" '" '0 ,Q ~ N '" ~ ob~~ 8 '. <- <- " 0 ~ t: ~ = ;, e'- Ctr) z '00_ 0 '"5l 3''8 ;;., -'i 4.1 O;:l ~ g. u ~~-g::E o-l _.....1-.<;..... ~ o-l 0.4.10.0 " " ,0 ~ ~.g-gVli- . . :E N ~ ,- ...... ~ 0 c . i:"'O~VlOLl ~ .; . ~ 4.1] 0.52 0= ~ 0 ~ E '" co ~ " 1)0000 . E 4.1 t:: 0..0 I-. " . '" "'0 ;;.,00"0 ~ .'" 0 c.. '" Vl~VlIl) o " :E .,. .,. ~ E~~ 0 " . 0.;;: . = '0 ::s-::s 0.4.1 "0 ~ -;; E- - 5- E E 00000 0 'i3 .5r-.50..::: U .5 _ N " Table 4 Ternecuta Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Projected Fiscal Year 2005-06 Special Tax Levy Tax Rate for Eacb Land Use Category ZONEt FY 2005-06 Number of Land Use Amount Levied Assigned Tax Parcels Category Description Per Category Rate Charged A DU with 4,300 or more Sq. Ft. $4,227 $5,136 per parcel 8 B DU with 3,7000-4,300 Sq. Ft. $2,022 $2,457 per parcel 85 C DU with 3,200-3,700 Sq. Ft. $1,858 $2,258 per parcel 88 D DU with 2,900-3,200 Sq. Ft. $1444 $1,754 per parcel 114 E DU with 2,600-2,900 Sq. Ft. $1,312 $1,594 per parcel 175 F DU with 2,300-2,600 Sq. Ft. $1,187 $1,442 per parcel 65 G DU with 2,000-2,300 Sq.. Ft. $1,174 $1,427 per parcel 29 H DU with less than 2,000 Sq. Ft. $0.00 $1,363 per parcei 0 I Multi-Family Residential $0.00 $308 per Unit 0 J Non-Residential Property $0.00 $5,547 per parcel 0 U Undeveloped $0.00 $5,547 per parcel 0 Approved - M $0.00 per lot $1,181.52 per lot 28 ZONE 2 FY 2005-06 Number of Land Use Amount Levied Assigned Tax Parcels Category Description Per Category Rate Charged A DU with 3300 or more Sq. Ft. $1,586 $1,927 per parcel 16 B DU with 2,800-3,300 Sq. Ft. $1,501 $1,824 per parcel 24 C DU with 2,500-2,800 Sq. Ft. $1,267 $1,539 per parcel 13 D DU with 2,300-2,500 Sq. Ft. $1,238 $1,504 per parcei 58 E DU with 2,100-2,300 Sq. Ft. $1,182 $1,436 per parcel 41 F DU with 2,100 or iess Sq. Ft. $i,083 $1,316 per parcel 60 G Multi-Family Residential $0.00 $437 per unit 0 H Non-Residential Property $0.00 $8,519 per acre 0 U Undeveloped $0.00 $8,519 per acre 0 Approved-M $0.00 per lot $1,610.81 per iot 0 26 Table 5 Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Projected Fiscal Year 2005-06 Special Tax Levy By Zone and RMA Property Classification Units or Lots FY 2005-06 Projected Maximum Special Tax FY 2005-06 Projected Assigned Special Tax(l) RMA Property Classification Taxable Acres DEVELOPED PROPERTY Zone 1 Residential Property - 4,30] or more sq. ft. Residential Property - 3,701 or more but less than 4,300 sq. ft. Residential Property - 3,201 or more but less than 3,700 sq. ft. Residential Property - 2,90 I or more but less than 3,200 sq. ft. Residential Property - 2,60 I or mOTe but less than 2,900 sq. n. Residential Property - 2,301 or more but less than 2,600 sq. ft. Residential Property - 2,001 or more but less than 2,300 sq. ft Residential Property - less than 2,000 sq. ft. Multi-Family Residential Property Non-Residential Property Subtotal- Zone t Developed Property 40.94 8 $227,094 t 8 $33,81504 20.71 85 209,050,06 17],878.50 20.73 88 199,95309 163.53216 23.71 I t4 200,969.76 ]64,563.56 35.93 175 282.234.93 229,575.50 12.20 65 95.33995 77,139.40 5.43 29 42.134.55 34.058.18 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 159.65 564 $1,255,877.02 $874,562.34 Zone 2 UNDEVELOPED PROPERTY DISTRICT TOTALS 3.63 t6 $33.35872 $25,374.40 5.45 24 48,347.08 36,027 .36 2.73 13 23,273.62 16,465.54 1136 58 100,676.16 7t,791.24 7.22 41 66,167.33 48,45462 10.00 60 89,656.9\ 64,983.60 0.00 0 0.00 0.00 0.00 0 0.00 0.00 40.39 212 $36t,479.81 $263,096.76 200.04 776 1,617,356.83 1,137,659.10 63.52 20 $352,345.44 $0.00 0.00 0.00 0.00 0.00 63.52 20 $352,345.44 $0.00 0.00 0 0.00 0.00 263.53 796 $1.969,702.27 $1.137.659.10 Residential Property-3,301 or more sq. ft. Residential Property - 2,801 or more but less than 3,300 sq. ft. Residential Property - 2,501 or more but less than 2,800 sq. ft, Residential Property - 2,301 or more but less than 2,500 sq. ft. Residential Property - 2, I 0 I or more but less than 2,300 sq. ft. Residential Property. less than 2,000 sq. ft. Multi-Family Residential Property Non.Residential Property Subtotal- Zone 2 Developed Property TOTALS-DEVELOPED PROPERTY APPROVEDPROPERTV Zone I Zone 2 TOTALS APPROVED PROPERTY (I) Includes debt service plus estimated administrative expenses. ~ource: Lanty Engineering Group, Inc. 27 Historical Delinquency Information The District commenced levying the Special Tax in Fisca] Year 2002-03. The historical delinquency information is as follows: Table 6 Temecula Public Financiug Authority Community Facilities District No. 03-1 (Crowne HilI) Historical Delinquency Information Total Delinquency as End of Year Delinquent as of Delinquency 0/0 Levy Amount of end of Year of Levy 05/30/05 as of Year Levied of Levy Delinquency 010 Report Date(l) Report Date 2003-04 $850,902.52 $7,601.15 0.89% $4,167.35 0.48% 2004-05 $911,826.20 $77,461.44 8.5% $77 ,461.44 8.50% {'1lncludes delinquency infonnation through May 1,2005. Interest was capitalized through September I, 2003 and Fiscal Year 2003-04 was the first year in which Special Taxes were levied. :-'Ol//'ce: Canty cngineering Group, Inc. Appraised Property and Assessed Market Value An appraisal prepared by an MAl appraiser of the land and existing improvements for the development within the District dated June], 2005 (the "Appraisal"), has been prepared by Stephen G. White, MAl of Fullerton, California (the "Appraiser") in connection with the issuance of the 2005 Bonds. The subject property includes property proposed for development of 796 sin~le-family home sites. The Appraisal considers the assessed values for the remaining 768 homes in the Distnct. These homes are located within 7 differenttracts, with 760 of the homes completed and 8 homes under construction as of June 1,2005. The Appraisal also estimates the market value ofthe "as is" condition of the 28 estate lots, ] 0 of which have homes under construction and 18 of which are vacant and in a near-finished lot condition. The Appraisal reflects the existing and proposed District financing, together with the overall tax rate to future homeowners of approximately 1.3 to ] .5%, including the Special Taxes. The Appraisal is based on certain assumptions. Subject to these assumptions, the Appraiser estimated that the fee stmple market value of the 28 estate lots within the District (subject to the lien of the Special Taxes) as of May ]5,2005, was as follows: Tract Name No. Lots Market Value The Reserve 28 $]3,980,000 The Appraisal estimated the value of the 28 estate lots in the District as "finished lots," that is, lots that are fully improved and ready for homes to be built. This reflects that the lots have had fine grading, all in-tract streets and utilities have been completed and fees have been paid or credited (sewer, water, road, library, park, school, etc.) up to the stage ofpullinj> building permits (which, as described in the Appraisal is not yet the condition of the 18 lots), less the remaming cost to the Crowne Hill Reserve 28, LLC to achieve finished lots (based on the status of the development process as of May 15, 2005). The fee simple market value includes an estimate ofthe costs of construction of the ] 0 homes under construction. The estimate of value was based on fee simple ownership, subject only to easements ofrecord and the lien of the Special Taxes and other special tax and assessment liens. The Appraiser used a sales comparison approach to estimate the value of the land as if in a finished condition, being finished single family lots or rough graded superpads. This approach compares recent sales of similar residential land in the general area to the subject property, considering pertinent differences from the sales to the land. Then, a deduction is made for the estimated remaining costs and fees to get the land from its as is condition to finished lots. In addition, the Appraiser has considered the assessed values for the remaining 768 homes in the District in order to provide support that the total assessed values are well below market value. These homes 28 are located within 7 different tracts, with 760 of the homes completed and 8 homes currently under construction. The total assessed value by tract is shown below in contrast to the total ofthe most recent sale prices of the homes (or assessed value where a sale has not yet taken place or the actual sale price was not available). This indicates that the total assessed values by tract range from slightly to far below the sale prices, and it is noted that the sale prices are also well below current market value, as discussed in the Appraisal. Sale Price or Tract Name No. Lots Assessed Value (A V) Assessed Value Stratford 114 $32,586,433 $57,117,500 Nottingham 119 34,418,046 51,878,389 Astoria III 29,574,577 62,280,759 Carlyle 100 25,182,509 41,657,929 Fairmont 112 28,650,467 46,613,158 Knightsbridge 127 40,243,376 41,519,704 Hampton ~ 30.438.094 33.153.875 768 $221,093,502 $334,221,314 The District makes no representation as to the accuracy or completeness of the Appraisal. See Appendix C hereto for more information relating to the Appraisal. The fee simple market value of the 28 estate lots includes the value of grading and infrastructure improvement completed as of the date of value and the improvements to be financed by the Bonds. The market values and assessed values reported in the Appraisal result in an estimated value-to-lien ratio range from :1' to :1' calculated with respect to the Bonds. The value-to-Iien ratios of individual parcels will dTf'leffrom tOeloregoing aggregate value. See "BONDOWNERS' RISKS - Appraised Values; Assessed Value-to-Lien Ratios" and "BONDOWNERS' RISKS - Burden of Parity Liens, Taxes and Other Special Assessments on the Taxable Property" herein and APPENDIX C - "Summary Appraisal Report" appended hereto for further information on the Appraisal and for limiting conditions relating to the Appraisal. Property Ownership The iriformation about Crowne Hill Reserve 28, LLe, Craftsmen Homes, LLC Craftsmen Home Communities, Inc. contained in this Official Statement has been provided by representatives ofCrowne Hill Reserve 28, LLC, Craftsmen Homes, LLC and Craftsmen Homes Communities, Inc. and has not been independently confirmed or verified by the Underwriter, the District or the Authority. Such information is included because it may be relevant to an informed evaluation of the security for the 2005 Bonds. However, because ownership of the property may change at any time, no assurance can be given that the planned development will occUr at all, will occUr in a timely manner Or will occUr as presently anticipated and described below or that Crowne Hill Reserve 28, LLC will continue to own its property within the District at all. No representation is made herein as to the accuracy or adequacy of such information, as to the experience, abilities or financial resources ofCrowne Hill Reserve 28, LLC or any other landowner, or as to the absence of material adverse changes in such information subsequent to the date hereof, or that the information given below or incorporated herein by reference is correct as of any time subsequent to its date. Crowne Hill Reserve 28, LLC, Craftsmen Homes, LLC and Craftsmen Homes Communities, Inc. are not personally liable for payment of the Special Taxes or the Bonds, and the following iriformation should not be construed to suggest that the Special Taxes or the Bonds are personal obligations or indebtedness of Crowne Hill Reserve 28, LLC, Craftsmen Homes, LLC Craftsmen Homes Communities, Inc or that Crowne Hill Reserve 28, LLC and Craftsmen Homes, LLC, will continue to own their respective parcels of land. *Preliminary, subject to change. 29 Description of Crowne Hill Reserve 28, LLC Project. As of May IS, 2005, these are 3 models and 7 production estate homes under construction and 18 vacant home sites. Sales prices are currently projected to range from $1,300,000 to $2,020,000. The deveiopment which constitutes Crowne Hiil Reserve 28, LLC's project, together with the estimated pad areas, unit sizes and base sales price range, is set forth below. Esti mated Lot Size Pad Size range Unit Size Estimated Base Total Project Name (acres) (Square Fect) (Square Feet) Sales Price Range Units The Reserve 2.\6 - 10.77 acres \3,000 to 36,000 4,981 - 6,909 $\ ,300,000 to $2,020,000 28 Status of Permits and Approvals. A final map encompassing the 28 home sites was approved by the City Council on June 24, 2003 and was recorded by the City with the County Recorder on August 6,2003. All backbone public improvements have been completed and Craftsmen Homes, LLC, on behalfofCrowne Hiil Reserve 28, LLC has substantiaily completed in-tract street, sewer, water and dry utility improvements for the detached single housing home sites. Crowne Hill Reserve 28, LLC's remaining costs relate primarily to estate home construction costs and approximately $400,000 of in-tract improvement costs. Due to pre- existing agreements the property within the District is not subject to the Transportation Unifonn Mitigation Fee. Development Budget. It is estimated that as of May 15,2005, Crowne Hill Reserve 28, LLC had expended approximately $850,000 in improvement costs, exclusive of land value, debt service and general and administrative costs and had approximately $400,000 of improvement costs remaining. Environmental Review. Most required development approvals were obtained over the last several years. See "THE COMMUNITY FACILITIES DISTRICT - Environmental Conditions" above. The project has satisfied reviews relating to sensitive plant or animal species on the property (among other matters). An archaeologist was on site during grading and no artifacts were encountered. Crowne Hill Reserve 28, LLC is not aware of any additional pennits required to proceed with development of the property other than the usual pennits required from the City and applicable local agencies. No lots are in the I OO-year flood plain. Plan of Finance. Crowne Hill Reserve 28, LLC has obtained acquisition and development loan financings from PFF Bank & Trust. One acquisition and development loan for the model homes and acquisition and development was in the amount of $4,858,290. As of May 31, 2005, the amount disbursed was $4,394,707.18. For the first [19 homes], an acquisition and development loan was in the amount of $14,736,000. As of May 31,2005, the amount disbursed was $6,292,064.73. An additional acquisition and development loan will be entered into with respect to the final 9 homes. Crowne Hill Reserve 28, LLC estimates that as of May 15,2005, the remaining in-tract costs and fees to get to finished lots, including school fees but excluding building pennits fees was $400,000. The foregoing plans and Crowne Hill Reserve 28, LLC's projections are subject to change. There can be no assurance that Crowne Hill Reserve 28, LLC has the willingness or ability to successfully implementthe development plans described above. In the event that cost overruns occur which exceed the funds described above, Crowne Hill Reserve 28, LLC will need to raise additional funds. No assurance can be given that such funds could be raised or would be raised on a timely basis. Continued development in the portion ofthe District owned by Crowne Hill Reserve 28, LLC may also be adversely affected by changes in general economic conditions, fluctuations in the real estate market and other similar factors. See "BONDOWNERS' RISKS" herein for a discussion of risk factors. Absorption. Crowne Hill Reserve 28, LLC has a projected absorption rate of approximately 7 units per qua.rter commencing the third quarter of 2005 and concluding the second quarter of 2006 for the estate home sItes. The foregoing absorption estimates were provided by the Crowne Hill Reserve 28, LLC. History of Property Tax Payment; Loan Defaults; Bankruptcy. Crowne Hill Reserve 28, LLC has made the foilowing representations: 30 Neither Crowne Hill Reserve 28, LLC nor to Crowne Hill Reserve 28, LLC's actual knowledge of any of its current Affiliates has ever been delinquent in the payment of any ad valorem property taxes, special assessments or special taxes in any material amount. "AffilIate" of another Person means (a) a Person directly or indirectly owning, controlling, or holding with power to vote, 15% or more of the outstanding voting securities of such other Person, (b) any Person 15% or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by such other Person, and <!:J any Person directly or indirectly controlling, controlled by, or under common control with, such other Person; for purposes hereof, "control" means the power to exercise a controlling influence over the management or policies of a Person, unless such power is solely the result of an official position with such Person, neither Crowne Hill Reserve 28, LLC nor any of its Affiliates is currently in material default on any loans, lines of credit or other obligation related to its development in the District or any of its other projects which default would in any way materially and adversely affect its ability to develop its property in the District as described in the Official Statement or to pay the Special Taxes for which it is responsible, Crowne Hill Reserve 28, LLC and its Affiliates are solvent and neither Crowne Hill Reserve 28, LLC nor any of its current Affiliates has ever filed bankruptcy or been declared bankrupt, or has any proceeding pending or to Crowne Hill Reserve 28, LLC's actual knowledge threatened in which Crowne Hill Reserve 28, LLC or its Affiliates may be adjudicated as bankrupt, or discharged from any or all of its debts or obligations, and no action, suit, proceedings, inquiry or investigations at law or in equity, before or by any court, regulatory agency, public board or body, is pending (with service of process to Crowne Hill Reserve 28, LLC or an Affiliate having been accomplished) against Crowne Hill Reserve 28, LLC or any Affiliate or, to Crowne Hill Reserve 28, LLC's actual knowledge, threatened, which if successful, would materially adversely affect the ability ofCrowne Hill Reserve 28, LLC to complete the development and sale ofthe property currently owned within the District or to pay special taxes or ad valorem tax obligations when due on its property within the District. 31 Direct and Overlapping Debt Table 7 below sets forth the existing authorized indebtedness payable from taxes and assessments that may be levied within the District prepared by Canty Engineering Group, Inc. and based on what was levied for Fiscal Year 2004-05 (the "Debt Report"). The Debt Report is included for general information purposes only. In certain cases, the percentages of debt calculations are based on assessed values, which will change significantly as sales occur and assessed values increase to reflect housing values. The District believes the information is current as of its date, but makes no representation as to its completeness or accuracy. Other public agencies, such as the City, may issue additional indebtedness at any time, withoutthe consent or approval of the District or the Authority. See" - Overlapping Assessment and Community Facilities Districts" below. The Debt Report generally includes long term obligations sold in the public credit markets by public agencies whose boundaries overlap the boundaries of the District in whole or in part. Such long term obligations generally are not payable from property taxes, assessment or special taxes on land in the District. In many cases long term obltgations issued by a public agency are payable only from the general fund or other revenues of such public agency. Additional indebtedness could be authorized by the District, the City or other public agencies at any time. The District has not undertaken to commission annual appraisals of the market value of property in the District for purposes of its Annual Reports pursuant to the Continuing Disclosure Agreement, and information regarding property values for purposes of a direct and overlapping debt analysis which may be contained in such reports will be based on assessed values as determined by the County Assessor. See Appendix E hereto for the form of the Continuing Disclosure Agreement. 32 Parcels Amount Outstandine: % Aoolicable InCFD of Debt $11,805.0oo 100.000% 666 $t 1,805,000 $11 ,805,000 Parcels Amount Unissued % Applicable InCFD Apolicable $12,845,000 100.000% 666 $12,845,000 $12,845,000 Table 7 Temecula Public Fiuauciug Authority Community Facilities District No. 03-1 (Crowne Hill) Detailed Direct and Overlapping Debt I. Assessed Value FISCAL YEAR 2004-2005 SECURED ROLL ASSESSED VALUATION II. Secured Property Tax Roll as of Fiscal Year 2004-05 Total Description of Tax Bill ~ Parcels Tota] LeVY % Applicab]e TEMECULA CFD 03-1 CROWNE HILL CFD 666 $911,826 ]00.000% GENERAL PURPOSE 1% 752,870 $1,352,208.108 0,082% TEMECULA UNIFIED SCHOOL DISTRICT GO 37,402 $4,967,930 1.072% METROPOLITAN WTR DEBT SV GO 413,378 $4.816,962 0.133% EASTERN MUNICIPAL WATER GO 87.505 $2.701.713 0.301% RCWD R DlV DEBT SERVICE GO 31,371 $8,368.78 t ].644% R&T CODE 482 PENALTY ASMNT SPCL 2.750 $682,519 0,394% FLD CNTL STORMWA TERlCLEANWA TER SPCL 55.303 $379.533 0.294% TEMECULA CSD SVS PARKS CSD 23.207 $2.741,382 1.]94% TEMECULA ZONE B LMD ]8,755 $481.628 3.551% TEMECULA ZONE C LMD 10,401 $1,198.536 9.724% TEMECULA TRASH/RECYCLING SPCL 19,94] $3,586,588 1.058% MWD STANDBY EAST WTR 198,189 $2,681,760 0.172% EWMD STANDBY - COMBINED CHARGE WTR 200.143 $4,335,415 0.178% FISCAL YEAR 2004-2005 TOTAL PROPERTY TAX LlABILlTY(1) TOTAL PROPERTY TAX AS A PERCENTAGE OF FISCAL YEAR 2004-2005 ASSESSED V ALVA nON III. Land Secured Bond Indebteduess Outstanding Direct and Overlaooine: Bonded Debt ~ Issued TEMECULA CFD 03-1 CROWNE ifiLL TOTAL LAND SECURED BONDED DEBT(I) CFD $12,155,000 Authorized Direct and Overlaopine: Bonded Debt TEMECULA CFD 03-1 CROWNE HILL ~ Authorized CFD $25,000,000 TOTAL UNISSUED LAND SECURED BONDED DEBT") TOTAL OUTSTANDING AND UNISSUED LAND SECURED BONDED INDEBTEDNESS IV. General Obligation Bond ludebtedness Outstanding Direct and Overlaooine: Bonded Debt Parcels InCFD 666 666 666 666 356 666 8 294 666 666 666 211 666 666 $110,790,145 Levy Amount $911,826 $1.105.361 $53.238 $6.407 $8.121 $137.596 $2,688 $1,1 t5 $32,735 $17,103 $] 16,550 $37,950 $4,622 $7,726 $2,443,038 2.2]% $24.650,000 Parcels Amount Tvoe Issued Outstandine: % Apolicable [nCFD of Debt GO $65,000,000 $46,385,000 1.072% 666 $497,080 GO $130,932,007 $1 t9,748.297 1.644% 666 $ t ,968,845 GO $850,000,000 $447,475,000 0.007% 666 $33,542 GO $35,430.000 $4,435,000 0.301% 356 $t3,33t $2,499,467 TEMECVLA UNIFIED B & I RCWD R DlV DEBT SERVICE METROPOLITAN WTR DEBT SV EASTERN MUNICIPAL WATER TOTAL GENERAL OBLlGA TION BONDED DEBT!l) 33 Authorized Direct and Overlannine: Bonded Debt RCWD R DIV DEBT SERVICE TEMECULA UNIFIED B & r METROPOLITAN WTR DEBT SV EASTERN MUNICIPAL WATER TOTAL UNISSUED GENERAL OBLIGATION BONDS II! GO $130,932,007 GO $65,000,000 GO $850,000.000 GO $40.530.000 Parcels Amount Unissued % Aoolicable InCFD Aoolicable $- 1.644% 666 $0 $- 1.072% 666 $0 $- 0.000% 666 $0 $5.100.000 0.301% 356 $15,330 $15,330 $2,514.797 ~ Authorized TOTAL OUTSTANDING AND UNISSUED GENERAL OBLIGATION BONDED INDEBTEDNESS TOTAL OF ALL OUTSTANDING DIRECT AND OVERLAPPING BONDED DEBT TOTAL OF ALL OUTSTANDING ANO UNISSUED DIRECT AND OVERLAPPING BONDED DEBT $14.304,467 $27,164.797 (l) Additional bonded debt or available bond authorization may exist but is not shown because a lax was not levied fOf the referenced fiscal year. Source: Canly Engineering Group, Inc. Overlapping Assessment and Community Facilities Districts Additional Debt Payable from Taxes or Assessments. The District has no conttol over the amount of additional debt payable from taxes or assessments levied on ali or a portion of the property within a special district whtch may be incurred in the future by other governmental agencies, including, but not hmited to, the County, the City or any other governmental agency having jurisdiction over ali or a portion ofthe property within the District. Furthennore, nothing prevents the owners of property within the District from consentmg to the issuance of additional debt by other govemmental agenctes which would be secured by taxes or assessments on a parity with the Special Taxes. To the extent such indebtedness is payable from assessments, other special taxes levied pursuant to the Act or taxes, such assessments, special taxes and taxes will be secured by hens on the property within a district on a parity with a lien of the Special Taxes. Accordingly, the debt on the property within the District could increase, without any corresponding increase in the value ofthe property therein, and thereby severely reduce the ratio that exists at the time the 2005 Bonds are issued between the value ofthe property and the debt secured by the Special Taxes and other taxes and assessments which may be levied on such property. The incurrinll of such additional indebtedness could also affect the ability and willingness of the property owners withm the District to pay the Special Taxes when due. Moreover, in the event of a delinquency in the payment of Special Taxes, no assurance can be given that the proceeds of any foreclosure sale of the property with delinquent Special Taxes would be sufficient to pay the delinquent Special Taxes. See "BONDOWNERS' RISKS." Other Overlapping Direct Assessments Metropolitan Water District Standby. Property within the District is subject to a Metropolitan Water District Standby ("MWD Standby") assessment. The MWD Standby assessment is fixed unless there is a vote to increase the assessment. This pay-as-you-go assessment is used for water conservation programs, emergency programs, water treatment and capital improvements such as transporting water from Colorado and Northern California to Southern Californta. The assessment levied for Fiscal Year 2005-06 is $6.94 per equivalent dwelling unit. [CONFIRM 05-06 LEVY AMOUNT] Transportation Uniform Mitigation Fee; Multi-Species Habitat Conservation Plan [REVIEW STATUS] The County of Riverside and the 14 cities in western Riverside County, including the City, adopted a new transportation fee for development, which adds approximately $7,248 to every new single-family house and approximately $5,021 to each future apartment or condominium unit in the County, subject to credit for a portion, ifany, of transportation faciltty fees imposed by the County or applicable city which relates to facilities encompassed within the new transportation fee. New retail, service and industrial development will also be charged the transportation fee based on the square footage of new development ($8.90 'per square foot for retail, $5.08 per square foot for service and $1.65 per square foot for industrial which tS being phased in over time). The fee was approved by the County in February 2003. The fee was 34 approved by the City on January 28, 2003, effective 61 days thereafter. The fee was implemented by the other cities In the County between February I, and June 1,2003. Cities may opt out ofthe fee, butthen they will not be able to receive any money from Measure A, the County's half-cent sales tax initiative. Extension of the term of Measure A was aJ;proved by the voters at the November 5, 2002 election. Measure A is estimated to cover more than 50 Yo ofthe cost of maintaining cities' roads and streets. The half-cent sales tax program is now extended an additional 30 years and will expire in 2039. Dueto pre-existing agreements the property within the District is not subject to the Transportation Uniform Mitigation Fee. The County of Riverside adopted, and the cities in western Riverside County may adopt, a new fee for the costs of a Multiple Species Habitat Conservation Plan. However, property within the District does not lie within the Multiple Species Habitat Conservation Plan area and is not directly affected by the habitat conservation plan, except that fees are not payable until this habitat conservation plan is adopted. The fee adopted by the County, and which may be adopted by the cities, would apply to new development. The Ordinance adopted by the County is effective upon the tssuance ofthe appropnate permits authorizing "take" in connection with the Multiple Species Habitat Conservation Plan by the U.S. Ftsh &Wildlife Service and the CDFG, which effective date has not yet occurred. On June 10, 2004, the U.S. District Court in Washington, DC issued an order requiring the U.S. Fish & Wildlife Service to suspend approval ofany take permits that contained a "no surprises" provision. The take permit relating to the Multiple Species Habitat Conservation Plan was modified to conform to the Court order and the taKe permit was signed on June 22, 2004. The County fee ranges from approximately $1,651 per home to $5,620 an acre for commercial property. The County's fee will apply to lots for which building permits have not yet been issued. The effect of the Multiple Species Subarea Habitat Conservation Plan fee adopted by the County or which may be adopted by any city on land values and sales prices cannot be determined at this time nor can the effect of the Court's order and the modifications made to the take permits executed in connection with the Multiple Species Habitat Conservation Plan. fAs described above in "Endangered Species Act Permit" Lennar Homes assumed Crowne Hill Reserve ~8, LLC's obligations under Endangered Species Act Permit TE03500-0 and implemented measures relating to development within the District. In addition, Lennar Homes complied with Assessment District No. 161 Multiple Species Subarea Habitat Conservation Plan and Implementation Agreement. [CONFIRM] The District is not subject to the proposed fee for Multiple Species Habitat Conservation Plan and is not expected to be adversely affected thereby. BONDOWNERS' RISKS In addition to the other information contained in this Official Statement, the following risk factors should be carefully considered in evaluating the investment quality of the 2005 Bonds. The Authority cautions prospective investors that this discussion does not purport to be comprehensive or definitive, the riskfactors are listed in no particular order afimportance, and does not purport to be a complete statement of all factors which may be considered as risks in evaluating the credit quality of the 2005 Bonds. The occurrence of one or more of the events discussed herein could adversely affect tlie ability or willingness of property owners in the District to pay their Special Taxes when due. Any such failure to pay Special taxes could result in the inability of the Authority to make full and punctual payments of debt service on the 2005 Bonds. In addition, the occurrence of one or more of the events discussed herein could adversely affect the value of the property in the District. Risks of Real Estate Secured Investments Generally The Bondowners will be subject to the risks generally incident to an investment secured by real estate, including, without limitation, (t) adverse changes in local market conditions, such as changes In the market value of real property in the vicinity of the District, the supply of or demand for competitive properties in such area, and the market value of residential property and/or sites in the event of sale or foreclosure; (il) changes in real estate tax rate and other operatmg expenses, governmental rules (including, without limitatIOn, zoning laws and laws relatinll to endangered specIes and hazardous materials) and fiscal policies; and (ili) natural disasters (including, wtthout limitation, earthquakes and floods), which may result m uninsured losses. 35 Concentration of Ownership As of the date hereof, the major landowner (Crowne Hill Reserve 28, LLC) is responsible for approximatelyJ2.97%1 of the Special Taxes projected to be levied in Fiscal Year 2005-06, excluding the Special Taxes ue on the homes compieted by Greystone Homes which may not have closed escrow as of May 15,2005. Ifany such entity fails in its obligations under the applicable a/lreements or ifany such entity is unwilling or unable to pay the Special Tax when due, a potential shortfallm the Bond Fund could occur, which would result in the depletion oflhe Reserve Fund prior to reimbursement from the resale offoreclosed property or rayment of the delinquent Special Taxes and, consequently, a delay or failure in payments of the principa of or interest on the 2005 Bonds. No property owner is obligated in any manner to continue to own and/or develop any of the land it presently owns within the District. The Special Taxes are not a personal obligation of any major landowner, any merchant builder or of any owner of the parcels, and the District can offer no assurance that any current owner or any future owner will be financially able to pay such installments or that it will choose to pay even if financially able to do so. Failure to Develop Properties The continued development of property within the District may be subject to economic considerations and unexpected delays, disruptions and changes which may affect the wilhngness and ability of the merchant builders or any property owner to pay the Special Taxes when due. Land development is also subject to comprehensive federai, State and local regulations. Approval is required from various agencies in connection with the layout and design of developments, the nature and extent of improvements, construction activity, land use, zoning, school and health requirements, as well as numerous othermatlers. As of May 15,2005, final maps have been recorded for all lots in the District. The property within the District is substantially developed with public infrastructure improvements and construction, some of which are substantially complete or complete; however, additional ap.provals are necessary to complete the development. See "Government Approvals" below. It is posstllle that the approvals necessary to complete development of the property WIthin the District will not be obtained on a hmell' basis. Failure to obtam any such approval could adversely affect land development operations within the DIstrict. In addition, there is a risk that future governmental restrictions on land development within the District will be enacted, either directly by a governmental entity with jurisdiction or by the voters through the exercise of the initiative power. The failure to complete the development or the required infrastructure in the District or substantial delays in the completion of the development or the required infrastructure for the development due to litigation, the inability to obtain required funding, failure to obtain necessary governmental approval or other causes may reduce the value oflhe property within the District and increase the length oflime during which Special Taxes will be payable from Approved Property, and may affect the willingness and ability ofthe owners of property withm the District to pay the Special Taxes when due. See "SECURITY FOR THE BONDS." Bondowners should assume that any event that significantly impacts the ability to develop land in the District would cause the property values within the District to decrease substantially and could affect the willingness and ability of the owners ofland within the District to pay the Special Taxes when due. Special Taxes Are Not Personal Obligations The owners of land within the District are not personally liable for the payment of the Special Taxes. Rather, the Special Tax is an obligation only of the land within the District. If the value of the land within the District is not sufficient to fully secure the Special Tax, then the District has no recourse against the owners under the laws by which the Special Tax has been levied and the 2005 Bonds have been issued. The Bonds Are Limited Obligations of the District The District has no obligation to pay principal of and interest on the Bonds in the event Special Tax collections are delinquent, other than from amounts, if any, on deposit in certain funds and accounts held under the Fiscal Agent A,greement, or funds derived from the tax sale or foreclosure and sale of parcels on which levies of the Spec131 Tax are delinquent, nor is the District obligated to advance funds to pay such debt service on the Bonds. Appraised Values; Assessed Value-to-Lien Ratios 36 The Appraisal summarized in Appendix C hereto estimates the fee simple interest market value of the 28 estate lost, 10 of which have homes under construction and 18 of which are vacant. The Appraisal also considers the assessed values for the remaining 768 homes in the District. This value of the estate lots is merely the present opinion of the Appraiser, and is qualified by the Appraiser as stated in the Appraisal. The Authority has not sought the present opinion of any other appraiser ofthe value ofthe Taxable Property. A different present opinion of such value might be rendered by a different appraiser. The opinion of value of the estate lots relates to sale by a willing seller to a willing buyer, each havinll similarmformation and neither being forced by other circumstances to sell norto buy. Consequently, the opmion is of limited use in predicting the selling price at a foreclosure sale, because the sale is forced and the buyer may not have the benefit of full information. In addition, the opinion is a present opinion. It is based upon present facts and circumstances. Differing facts and circumstances may lead to differing opinions of value. The appraised market value is not evidence offuture value because future facts and circumstances may differ significantly from the present. See "THE COMMUNITY FACILITIES DISTRICT - TransportatIOn Uniform Mitigation Fee; Multi- Species Habitat Conservation Plan" for a description ofa new fee relating to all development within western Rtverside County which may affect market values. Assessed value-to-lien ratios have traditionally been used in land-secured bond issues as a measure of the "collateral" supporting the willingness of property owners to pay their speciai taxes and assessments (and, in effect, their general property taxes as well). The value-to-Iien ratio is mathematically a fraction, the numerator of which tS the value of the property (usually a market value as determined by an appraiser) and the denominator of which is the "lien" of the assessments or special taxes. A value-to-Iien ratIO should not, however, be viewed as a guarantee of credit-worthiness. Land values are more voiatile in the early stages of a development, and are especially sensitive to economic cycles. A downturn ofthe economy may depress land values and hence the value-to-lien ratios, by increasmg risk to investors and lenders. Further, the value-to-lien ratio cited for a bond issue is an average. fndividual parcels in a community facilities district may fall above or below the average, sometimes even below a I: I ratio. (With a I; I ratio, the land is worth less than the debt on it.) Althoughjudicial foreclosure proceedings can be initiated rapidly, the process can take several years to complete, and the bankruptcy courts may impede the foreclosure actIOn. Fmally, local agencies may form overlapping community facilities districts or assessment districts. They typically do not coordinate their bond issuances. Debt issuance by another entity can dilute value-to-lien rattos. No assurance can be given that if any of the Taxable Property in the District should become delinquent in the payment of Special Taxes, and be foreclosed upon, that such property could be sold for the amount of esltmated market value thereof or the assessed value contained in the Appraisal. Land Development Given the stage of development of the property being developed by Craftsmen Homes, LLC, a minor risk to the Bondowners is that such development may be subject to unexpected delays, disruptions and changes which may affect the willingness and ability ofthe property owners to pay SpeCial Taxes when due. For example, proposed development within a portion of the District could be adversely affected by unfavorable economic conditions, competing development projects, an inability of the current owners or future owners of the parcels to obtain financing, fluctuations in the real estate market or interest rates, unexpected increases 10 development costs, changes in federal, State or local governmental policies relating to the ownership of real estate, the appearance orpreviously unknown environmental impacts necessitating preparation of a supplemental environmental impact report, and by other similar factors. There can be no assurance that land development operations with10 the District will not be adversely affected by the factors described above. In addition, partially developed land is less valuable than developed land and provides iess security for the Bonds (and therefore to the Bondowners) should it be necessary for the District to foreclose on undeveloped property due to the nonpayment of Special Taxes. Moreover, failure to complete future development on a timely basis could adversely affect the land values of those parcels which have been completed. Lower land values result in less security for the payment of principal of and interest on the Bonds and lower proceeds from any foreclosure sale necessitated by delinquencies in the payment of the Special Taxes. 37 Furthermore, an inability to develop the land within the District as planned will reduce the expected diversity of ownership of land within the District, making the payment of debt service on the Bonds more dependent upon timely payment of the Special Taxes levied on the parcels on which homes have not yet been constructed. Because of the concentration of the property on which homes have not yet been constructed, the timely payment of the Bonds depends somewhat upon the willingness and abiltty of the current owners of such land and any merchant builders to whom finished lots are sold to pay the Special Taxes levied on such parcels when due. Furthermore, continued concentration of ownershIp increases the potential negative impact of a bankruptcy or other financial difficulty experienced by the existing landowners. See "Concentration of Ownership" above. Burden of Parity Liens, Taxes and Other Special Assessments on the Taxable Property While the Special Taxes are secured by the Taxable Property, the security only extends to the value of such Taxable Property that is not subject to priority and parity liens and similar claims. The table in the section entitled "THE COMMUNITY FACILITIES DISTRICT - Direct and Overlapping Debt" states the presently outstanding amount of governmental obligations (with stated exclusions), the tax or assessment for which is or may become an obligation of one or more of the parcels of Taxable Property, and furthermore states the additional amount of general obligation bonds the tax for which, ifand when issued, may become an obligation of one or more of the parcels ofTaxabie Property. The table does not specifically identifY which of the governmental obligations are secured by liens on one or more of the parcels of Taxable Property. In addition, other governmental obligations may be authorized and undertaken or issued in the future, the tax, assessment or charge for which may become an obligation of one or more of the parcels of Taxable Property and may be secured by a lien on a parity with the lien of the Special Tax securing the Bonds. fn general, the Special Tax and all othertaxes, assessments and charges collected on the County tax roll are on a parity, that tS, are of equal priority. Questions of priority become significant when collection of one or more of the taxes, assessments or charges is sought by some other procedure, such as foreclosure and sale. In the event of proceedings to foreclose for delinquency of Special Taxes securing the Bonds, the Special Tax will be subordinate orily to existing prior governmentalltens, if any. Otherwtse, in the event of such foreclosure proceedings, the Special Taxes will generally be on a parity with the other taxes, assessments and charges, and will share the proceeds of such foreclosure proceedings on a pro-rata basis. Although the Special Taxes will generally have priority over non-g;overnmentalliens on a parcel of Taxable Property, regardless of whether the non-governmental liens were m existence at the time ofthe levy of the Special Tax or not, this result may not apply in the case ofbanlcruptcy. While governmental taxes, assessments and charges are a common claim against the value of a parcel of Taxable Propertr, other less common claims may be relevant. One of the most serious in terms of the potential reductIOn m the value that may be realized to pay the Special Tax is a claim with regard to a hazardous substance. See "Hazardous Substances" below. Disclosure to Future Purchasers The District has recorded a notice of the Special Tax lien in the Office of the Riverside County Recorder on May 19,2003, as Document No. 2003-358388. While title companies normally refer to such notices in title reports, there can be no guarantee that such reference will be made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation in the purchase of a parcel ofland or a home in the District or the lending of money thereon. The Act requires the subdivider (or its agent or representative) of a subdivision to notify a prospective purchaser or long-term lessor of any lot, parcel, or unit subject to a Mello-Roos special tax of the existence and maximum amount of such special tax using a statutonly prescribed form. California Civil Code Section II 02.6b requires that in the case oftransfers other than those covered by the above requirement, the seller must at least make a good faith effort to notifY the prospective purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the property to comply with the above requirements, or failure by a purchaser or lessor to constder or understand the nature and existence of the Special Tax, could adversely affect the willingness and ability of the purchaser or lessor to pay the Spec tal Tax when due. 38 Local, State and Federal Land Use Regnlations There can be no assurance that land development operations within the Districtwill not be adversely affected by future government policies, including, but not limited to, governmental policies which directly or indirectly restrict or control development. During the past several years, citizens of a number of local communities in California have placed measures on the ballot designed to control the rate of future development. During the past severai years, State and federal regulatory agencies have significantly expanded their involvement in local land use matters through increased regulatory enforcement of various environmental laws, including the Endangered Species Act, the Clean Water Act and the Clean Air Act, among others. Such regulations can substantially impair the rate and amount of development without requirmgjust compensation unless the effect of the regulation is to deny all economic use of the affected property. Bondowners should assume that any eventthat significantly impacts the ability to construct homes on land in the District could cause the land values within the Distnct to decrease substantially and could affect the willingness and ability ofthe owners ofland to pay the Special Taxes when due or to proceed with development of land in the District. See "Failure to Develop Properties" herein. Endangered and Threatened Species It is illegal to harm or disturb any plants or animals in their habitat that have been listed as endangered species by the U.S. Fish & Wildlife Service under the Federal Endangered Species Act or by the California Fish and Game Commission under the California Endangered Species Act without a permit. Thus, the presence of an endangered plant or animal could delay development of the remaining parcels in the District or reduce the value of such parcels. Failure to develop the remaining parcels as planned, or substantial delays in the completion of tlie planned development of such parcels may increase the amount of Special Taxes to be paid by the owners of Approved Property and affect the willinliness and ability ofthe owners of property wtthin the District to pay the Special Taxes when due. See 'THE COMMUNITY FACILITIES DISTRICT - Environmental Conditions." Hazardous Substances While governmental taxes, assessments, and charges are a common claim against the value of a taxed parcel, other less common claims may be relevant. One of the most serious in terms of the potential reductlOn in the value that may be realized to pay the Special Tax is a claim with regard to hazardous substances. In general, the owners and operators of parcels within the District may be required by law to remedy conditions of the parcels related to the releases or threatened releases of hazardous substances. The Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, sometimes referred to as "CERCLA" or the "Superfund Act," is the most well-known and widely ap.plicable ofthese laws, but California laws with regard to hazardous substances are also stringent and simtlar. Under many ofthese laws, the owner (or operator) is obligated to remedy a hazardous substances condition of a property whether or not the owner (or operator) has an~thing to do wtth creating or handling the hazardous substance. The effect, therefore, should any parcel withm the District be affected by a hazardous substance, would be to reduce the marketability and value of the parcel by the costs of remedying the condition, because the owner (or operator) is obligated to remedy the condition. Further, such liabtlities may arise not simply from the existence of a hazardous substance but from the method of handling or disposing of it. All of these possibilities could significantly affect the financial and legal ability of a property owner to develop the affected parcel or other parcels, as well as the value ofthe property that is realizable upon a delinquency and foreclosure. The assessed value of the property within the District does not take into account the possible reduction in marketability and value of any of the parcels of Taxable Property by reason of the possible liability of the owner (or operator) for the remedy ofa hazardous substance condition of the parcel. The District has not independently verified and is not aware that the owner (or operator) of any of the parcels of Taxable Property has such a current liability with respect to any such parcels of Taxable Property, except as expressly noted. However, it is possible that such liabilities do currently exist and that the District is not aware of them. Further, it is possible that liabilities may arise in the future with respect to any of the parcels of Taxable Property resulting from the existence, currently, on the parcel of a substance presently classified as hazardous but which has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently, on the parcel ofa substance not presently classified as hazardous but which may in the future be so classtfied. Further, such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling or disposing of it. All of these possibilities could significantly affect the value of a parcel of Taxable Property that tS realizable upon a aelinquency. See "THE COMMUNITY FACILITIES DISTRfCT - Environmental Conditions" herem for a description ofthe prior use of the property. 39 Levy and Collection of the Special Tax; Insufficiency ofthe Special Tax The principal source of payment of principal of and interest on the Bonds is the proceeds of the annual levy and collection of the Special Tax against property within the District. The annual levy of the Special Tax is subject to the maximum tax rates authorized. The levy cannot be made at a higher rate even if the failure to do so means that the estimated proceeds of the levy and collection of the Special Tax, together with other available funds, will not be sufficient to pay debt service on the Bonds. Other funds which might be available include funds derived from the payment of penalties on delinquent Special Taxes and funds derived from the tax sale or foreclosure and sale of parcels on which levies of the Special Tax are delinquent. The levy of the Special Tax will rarely, ifever, result in a uniform relationship between the vaiue of particular taxed parcels and the amount ofthe levy of the Special Tax against such parcels. Thus, there will rarely, ifever, be a uniform relationship between the value of such parcels and the proportionate share of debt service on the Bonds, and certainly not a direct relationship. The Special Tax levied in any particular tax year on a parcel ofTaxabie Property is based upon the revenue needs and application of the Rate and Method. Application of the Rate and Method will, In turn, be dependent upon certain development factors with respect to each parcel of Taxable Property by comparison with similar development factors with respect to the other parcels of Taxable Property within the District. Thus, in addition to annual variations ofthe revenue needs from the Special Tax, the following are some of the factors which might cause the levy of the Special Tax on any particular parcel of Taxable Property to vary from the Special Tax that might otherwise be expected; (1) Reduction in the number of parcels of Taxable Property, for such reasons as acquisitIOn of parcels of Taxable Property by a government and failure ofthe government to pay the Special Tax based upon a claim of exemption or, in the case of the federal government or an agency thereof, immumty from taxation, thereby resulting in an increased tax burden on the remaining parcels of Taxable Property. (2) Failure of the owners of parcels of Taxable Property to pay the Special Tax and delays in the collection of or inability to collect the Special Tax by tax sale or foreclosure sale of the delinquent parcels, thereby resulting in an increased tax burden on the remaining parcels. Except as set forth above under "SECURITY FOR THE BONDS - Special Taxes" and " - Rate and Method" herein, the Fiscal Agent Agreement provides that the Special Tax is to be collected in the same manner as ordinary ad valorem property taxes are collected and, except as provided in the special covenant for foreclosure described in "SECURITY FOR THE BONDS - Proceeds of Foreclosure Sales" and in the Act, is subject to the same penalties and the same procedure, sale and lien Rriority in case of delinquency as is provided for ad valorem property taxes. Pursuant to these procedures, tftaxes are unpaid, the property is then is subject to sale by the County. In the event that sales or foreclosures of property are necessary, there could be a delay in I?ayments to owners of the Bonds pending such sales or the prosecution of foreclosure proceedings and recetpt by the Authority of the proceeds of sale if the Reserve Fund is depleted. See "SECURITY FOR THE BONDS- Proceeds of Foreclosure Sales." In addition, the Rate and Method limits the increase of Special Taxes levied on parcels of Developed Property to cure delin~uencies of other property owners in the District. See "SECURITY FOR THE BONDS - Rate and Method' herein. Exempt Properties Certain properties are exempt from the Special Tax in accordance with the Rate and Method (see "SECURITY FOR THE BONDS - Rate and Method" herein). In addition, the Act provides that properties or entities ofthe State, federal or local govemment are exempt from the Special Tax;provided, however, that property within the District acquired by a public entity through a negotiated transaction or by !lift or devise, whIch IS not otherwise exempt from the Special Tax, will continue to be subject to the SpeCIal Tax. It is possible that property acquired by a public entity following a tax sale or foreclosure based upon failure to pay taxes could become exempt from the Special Tax. In addition, although the Act provides tliat if property subject to the Special Tax is acquired by a public entity through eminent domain proceedings, the obligation to pay the Special Tax with respect to that property tS to be treated as if it were a special assessment, the constitutionality and operation of these provisions of the Act have not been tested, meaning that such property could become exempt from the Special Tax. In the event that additional property is dedicated to 40 the City or other public entities, this additional property might become exempt from the Special Tax. The Act further provides that no other properties or entities are exempt from the Special Tax unless the properties or entities are expressly exempted in a resolution of consideration to levy a new special tax or to alter the rate or method of apportionment of an existing special tax. Depletion of Reserve Fund The Reserve Fund is to be maintained at an amount equal to the Reserve Requirement (see "SECURITY FOR THE BONDS - Special Tax Fund - Disbursements" herein). Funds in the Reserve Fund may be used to pay principal of and interest on the Bonds in the eventthe proceeds ofthe levy and collection of the Special Tax against property within the District is insufficient. Iffunds in the Reserve Fund for the Bonds are depleted, the funds can be replenished from the proceeds of the levy and collection of the Special Tax that are In excess of the amount required to pay all amounts to be paid to the Bondowners pursuant to the Fiscal Agent Agreement. However, no replenishment from the proceeds ofa Special Tax levy can occur as long as the proceeds that are collected from the levy of the Special Tax against property within the District at the maximum tax rates, together with other available funds, remains insufficient to pay all such amounts. Thus it is possible that the Reserve Fund will be depleted and not be replenished by the levy ofthe Special Tax. Potential Delay and Limitations in Foreclosure Proceedings The payment of property owners' taxes and the ability of the District to foreclose the lien of a delinquent unpaid Specia Tax pursuant to its covenant to pursue judicial foreclosure proceedings, may be limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by the laws of the State relating to judictal foreclosure. See "SECURITY FOR THE BONDS - Proceeds of Foreclosure Sales" and "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delay" herein. In addition, the prosecution ofa foreclosure could be delayed due to many reasons, including crowded local court calendars or lengthy procedural delays. The ability of the District to collect interest and penalties specified by state law and to foreclose against properties having delinquent Special Tax installments may be limited in certain respects with regard to properties in which the Federal Deposit Insurance Corporation (the "FDIC") has or obtains an interest. The FDIC would obtain such an interest by taking over a financial institution which has made a loan which is secured by property within the District. The FDIC has adopted a policy statement regarding the payment of state and local real property taxes (the "Policy Statement") which provides that the FDIC Intends to pay valid real property taxes, interest and penalties, in accordance with state law, on property which at the time of the tax levy is owned by a financial institution in an FDIC receivership, unfess abandonment of the FDIC interest is determined to be appropriate. However, the Policy Statement is unclear as to whether the FDIC considers special taxes such as the Special Taxes to be "real property taxes" which it intends to pay. Furthermore, the Policy Statement provides that, with respect to parcels on which the FDIC holds a mortgage lien, it will not permit its lien to be foreclosed by a taxing authority without its specific consent, and that it will not payor recognize liens for any penalties, fines, or similar claims imposed for the non-payment of taxes. The Authority and the District are unable to predict what effect the application of the Policy Statement would have in the event of a delinquency on a parcel within the District in which the FDIC has or obtains an interest, although prohibiting the lien ofthe FDIC to be foreclosed at ajudicial foreclosure sale would likely reduce or eliminate the persons willing to purchase a parcel at a foreclosure sale. In addition, potential investors should be aware that judicial foreclosure proceedings are not summary remedies and can be subject to significant procedural and other delays caused b,Y crowded court calendars and other factors beyond control of the Authority or the District. Potential Investors should assume that, under current conditions, it is estimated that ajudicial foreclosure of the lien of Special Taxes will take up to two or three years from initiation to the lien foreclosure sale. At a Special Tax lien foreclosure sale, each parcel will be sold for not less than the "minimum bid amount" which is e'J.ual to the sum of all delinquent Special Tax installments, penalties and interest thereon, costs of collection (mcluding reasonable attorneys' fees), post-judgment interest and costs of sale. Each parcel is sold at foreclosure for the amounts secured by the SpeCIal Tax lien on such parcel and multiple parcels may not be aggregated in a single "bulk" foreclosure sale. ffany parcel fails to obtain a "minimum Did," the Authority may, but is not obligated to, seek superior court approval to sell such parcel at an amount less than the mimmum bid. Such Superior Court approval requires the consent of the owners of75% ofthe aggregate principal amount ofthe Outstanding Bonds. 41 Bankruptcy and Foreclosure Delay The payment of Special Taxes and the ability of the District to foreclose the lien of a delinquent Special Taxes as discussed In the section herein entitled "SECURITY FOR THE BONDS" may be limited by bankruptcy, insolvency, or other laws generally affecting creditors' rights or by the laws of the State relating to judicial foreclosure. In addition, the prosecution of ajudicial foreclosure may be delayed due to congested local court calendars or procedural delays. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel's approving legal opinion) will be qualified, as to the enforceability of the various legal instruments, by moratorium, bankruptcy, reorganizatIon, insolvency orothersimilar laws affecting the rights of creditors generally. Although bankruptcy proceedings would not cause the obligation to pay the Special Tax to become extinguished, bankruptcy of a property owner or of a partner or other equity owner of a property owner, could result in a stay of enforcement ofthe lien for the Special Taxes, a delay in prosecuting Superior Court foreclosure proceedings or adversely affect the ability or willingness ofa property owner to pay the Special Taxes and could result in the possibtlity of delinquent Special Taxes not being paid in full. In addition, the amount of any lien on property securing the payment of delinquent Special Taxes could be reduced if the value of the property were determined by the bankruptcy court to have become less than the amount of the lien, and the amount of the delinquent Special Taxes in excess of the reduced lien could then be treated as an unsecured claim by the court. Any such stay of the enforcement of the lien for the Special Tax, or any such delay or non-payment, would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds and the possibility of delinquent Special Taxes not being paid in full. Moreover, amounts received upon foreclosure sales may not be sufficient to fully discharge delinquent installments. To the extentthat a significant percentage of the property in the District is owned by any major landowner, any merchant builders or any other property owner, and such owner is the subject of bankruptcy proceedings, the payment of the SpeCial Tax and the ability of the Authority to foreclose the lien of a delinquent unpaid Special Tax could be extremely curtailed by bankruptcy, insolvency, or other laws generally affecting creditors' rights or by the laws of the State relating to Judicial foreclosure. On July 30, 1992, the United States Court of Appeals for the 9'h Circuit (the "9" Circuit Court") issued its opinion in a bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held that ad valorem prol'erty taxes levied by Snohomish County in the State of Washington after the date that the property owner filed a petition for bankruptcy were not entitled to priority over a secured creditor with a pnor lien on the property. The court upheld the priority of unpaid taxes imposed after the filing of the bankruptcy petition as 'administrative expenses" ofthe bankruptcy estate, payable after all secured creditors. As a result, the secured creditor was to foreclose on the property and retain all of the proceeds of the sale except the amount of the pre-petition taxes. According to the court's ruling, as administrative expenses, post-petition taxes would have to be paid, assuming that the debtor has sufficient assets to do so. In certain ctrcumstances, payment of such administrative expenses may be allowed to be deferred. Once the property is transferred out of the bankruptcy estate (through foreclosure or otherwise) it would at that time become subject to current ad valorem taxes. The Act provides that the Special Taxes are secured by a continuing lien, which is subject to the same lien priority in the case of delinquency as ad valorem taxes. No case law exists with respect to how a bankruptcy court would treat the fien for the Special Taxes levied after the filing of a petition in bankruptcy. Glasply is controlling precedent for bankruptcy courts in the State. Ifthe Glasply precedent was applied to the levy of the Special Tax, the amount of Special Tax received from parcels whose owners declare bankruptcy could be reduced. It should also be noted that on October 22, 1994, Congress enacted II U.S. C. Section 362(bl( 18), which added a new exception to the automatic stay for ad valorem property taxes imposed by a po itical subdivision after the filing of a bankruptcy petition. Pursuant to this new provision of law, in the event of a bankruptcy petition filed on or after October 22, 1994, the lien for ad valorem taxes in subsequent fiscal years will attach even if the property is part of the bankruptcy estate. Bondowners should be aware that the potential effect of II U.S. C. Section 362(b)(18) on the Special Taxes depends upon whether a court were to determine that the Special Taxes should be treated like ad valorem taxes for this purpose. Payments by FDIC and Other Federal Agencies The ability ofthe Authority to collect interest and penalties specified by State law and to foreclose the lien of delinquent Special Taxes may be limited in certain respects with regard to properties in which 42 the FDIC, the Dru,g Enforcement Agency, the Internal Revenue Service or other similar federal governmental agenCIes has or obtains an interest. Specifically, with respect to the FDIC, on June 4, 1991, the FDIC issued a Statement of Policy Regarding the Payment of State and Local Property Taxes (the "1991 Policy Statement"). The 1991 Policy Statement was revised and superseded by a new Policy Statement effective January 9, 1997 (the "Policy Statement"). The Policy Statement provtdes that real property owned by the FDIC is subject to state and local real property taxes only ifthose taxes are assessed according to the property's value, and thatthe FDIC is immune from real property taxes assessed on any basis other than property value. According to the Policy Statement, the FDIC will pay its property tax obhgations when they become due and payable and will pay claims for delinquent property taxes as promptly as is consistent with sound business practice and the orderly administration of the institution's affairs, unless abandonment of the FDIC's interest in the property tS appropriate. The FDIC will pay claims for interest on delinquent property taxes owed at the rate provided under state law, to the extent the interest payment obligation is secured by a valid lien. The FDIC will not pay any amounts in the nature of fines or penalties and will not pay nor recognize liens for such amounts. If any property taxes (including interest) on FDIC owned property are secured by a valid lien (in effect before the property became owned by the FDIC), the FDIC will pay those claims. The Policy Statement further provides that no property ofthe FDIC is subjectto levy, attachment, garnishment, foreclosure or sale without the FDIC's consent. In addition, the FDIC will not permit a lien or security interest held by the FDIC to be eliminated by foreclosure without the FDIC's consent. The Policy Statement states that the FDIC generally will not pay non ad valorem taxes, including special assessments, on property in which it has a fee interest unless the amount oftax is fixed at the time that the FDIC acquires its fee interest in the property, nor will it recognize the validity of any lien to the extent it purports to secure the payment of any such amounts. Special taxes im\,osed under the Act and a special tax formula which determines the special tax due each year, are specifica Iy identified in the Policy Statement as bein~ imposed each year and therefore covered by the FDIC's federal immunity. With respect to property in Cahforniaowned by the FDIC on January 9, 1997 and that was owned by the Resolution Trust Corporation ("RTC") on December 31, 1995, or that became the property of the FDIC through foreclosure ofa security interest held by the RTC on that date, the FDIC will continue the RTC's prior practice of paying special taxes imposed pursuant to the Act if the taxes were imposed prior to the RTC's acquisition of an interest in the property. All other special taxes may be challenged by the FDIC. The Authority is unable to predict what effect the application of the Policy Statement would have in the event of a delinquency on a parcel within the District m which the FDIC has or obtains an interest, although prohibiting tlie lien of the FDIC to be foreclosed at a judicial foreclosure sale would reduce or eliminate the persons willing to purchase a parcel at a foreclosure sale. Bondowners should assume that the District will be unable to foreclose on any parcel owned by the FDIC. Such an outcome could cause a draw on the Reserve Fund and perhaps, ultimately, a default in payment on the Bonds. Based upon the secured tax roll as of January 1,2004, the FDIC does not presently own any oftheJ'roperty in the District. The Authority expresses no view concerning the likelihood that the risks describe above will materialize while the Bonds are outstanding. Payment of Special Tax Not a .Personal Obligation of the Property Owners An owner of Taxable Property is not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation only against the parcels of Taxable Property. If the value of the parcels of Taxable Property is not sufficient, taking into account other obligations also payable thereby to fully secure the Special Tax, the District has no recourse against the owner. Factors Affecting Parcel Values and Aggregate Value Geologic, Topographic and Climatic Conditions. The value ofthe Taxable Property in the District in the future can be adversely affected by a variety of additional factors, particularly those which may affect infrastructure and other public improvements and private improvements on the parcels of Taxable Property and the continued habitability and enjoyment of such private tmprovements. Such additional factors include, without limitation, geologic conditions such as earthquakes and volcanic eruptions, topographic conditions such as earth movements, landslides, liquefaction, floods or fires, and climatic conditions such as tornadoes, droughts, and the possible reduction in water allocation or availability. It can be expected that one or more of such conditions may occur and may result in damage to improvements of varying seriousness, that the damage may entail significant repair or replacement costs and that repair or replacement may never occur either because of the cost or because repatr or replacement will not facilitate habitability or other use, or because other considerations preclude such repair or replacement. Under any of these ctrcumstances, the value of the parcels of Taxable Property may well depreciate or disappear. 43 Seismic Conditions. The District, like all California communities, may be subject to unpredictable seismic activity. The occurrence of seismic activity in the District could result in substantial damage to properties in the District which, in turn, could substantially reduce the value of such properties and could affect the ability or willingness of the property owners to pay their Special Taxes. Any major damage to structur~s as a result of seismic activity could result in greater reliance on Approved Property In the payment of Spectal Taxes. Legal Requirements. Other events which may affect the value of a parcel of Taxable Property in the District include changes in the law or application of the law. Such changes may include, without limitation, local growth control initiatives, local utility connection moratoriums and local application of statewide tax and governmental spending iimitation measures. No Acceleration Provisions The Bonds do not contain a provision allowing for the acceleration of the Bonds in the event of a payment default or other default under the terms ofthe Bonds or the Fiscal Agent Agreement. Pursuant to the Fiscal Agent Agreement, a Bondowner is given the right for the equal benefit and protection of all Bondowners similarly situated to pursue certain remedies (see APPENDIX D - "Summary of Certain Provisions ofthe Fiscal Agent Agreement" herein). So long as the Bonds are in book-entry form, DTC will be the sole Bondowner and will be entitled to exercise all rights and remedies of Bondowners. Community Facilities District Formation Califomia voters, on June 6, 1978, approved an amendment ("Article XfllA") to the California Constitution. Section 4 of Article XIlIA, requires a vote oftwo-thirds of the qualified electorate to impose "special taxes," or any additional ad valorem, sales or transaction taxes on real property. At an election held pursuant to the Act, more than two-thirds of the qualified electors within the District, consisting of the landowners within the boundaries of the District, authorized the District to incur bonded indebtedness to finance the development of the property within the District and approved the Rate and Method of Apportionment. The Supreme Court of the State has not yet decideil whether landowner elections (as opposed to resident elections) satisfY requirements of Section 4 of Article XIlIA, nor has the Supreme Court decided whether the special taxes of a District constitute a "special tax" for purposes of Article XfllA. Section 53341 ofthe Act requires that any action or proceeding to attack, review, set aside, void or annul the levy of a special tax or an increase in a special tax pursuant to the Act shall be commenced within 30 days after the special tax is approved by the voters. No such action has been filed with respect to the Special Tax. Billing of Special Taxes A special tax formula can result in a substantially heavier property tax burden being imposed upon properties within a District than elsewhere in a city or county, and thts in turn can lead to problems in the collection of the special tax. In some Districts the taxpayers have refused to pay the spectal tax and have commenced litigation challenging the special tax, the District and the bonds issued by the District. Under provisions of the Act, the Special Taxes are billed to the properties within the District which were entered on the Assessment Roll ofthe County Assessor by January I of the previous fiscal year on the regular property tax bills sent to owners of such properties. Such Special Tax installments are due and payable, and bear the same penalties and interest for non-payment, as do regular property tax installments. These S(lecial Tax installment payments cannot be made separately from property tax payments. Therefore, the unwtllingness or inability of a property owner to pay regular property tax bills as evidenced by property tax delinquencies may also indicate an unwillingness or inability to make regular property tax payments and installment payments of Special Taxes in the future. See "SECURITY FOR THE BONDS - Proceeds of Foreclosure Sales," for a discussion of the provisions which apply, and procedures which the District is obligated to follow, in the event of delinquency in the payment of installments of Special Taxes. Collection of Special Tax In order to pay debt service on the Bonds, it is necessary that the Special Tax levied against land within the District be paid in a timelx manner. The District has covenanted In the Fiscal Agent Agreement under certain conditions to institute foreclosure proceedings against property with delinquent Special Tax in order to obtain funds to pay debt service on the Bonds. If foreclosure proceedings were instttuted, any mortgage or deed of trust holder could, but would not be required to, advance the amount of the delinquent SpeCial Tax to protect its security interest. In the event such superior court foreclosure is necessary, there could be a delay in principal and interest payments to the Bondowners pending prosecution of the 44 foreclosure proceedings and receipt of the proceeds of the foreclosure sale, ifany. No assurances can be given that tlie real property subject to foreclosure and sale at a judicial foreclosure sale will be sold or, if sold, that the proceeds of such sale will be sufficient to pay any delinquent Special Tax installment. Although the Act authorizes the Authority as the Governing Board of the District to cause such an action to be commenced and diligently pursued to completion, the Act does not specify the obligations of the Governing Board with regard to purchasing or otherwise acquiring any lot or parcel of property sold at the foreclosure sale ifthere is no other purchaser at such sale. See "SECURlTY FOR THE BONDS - Proceeds of Foreclosure Sales," Right to Vote on Taxes Act An initiative measure commonly referred to as the "Right to Vote on Taxes Act" (the "Initiative") was approved b!, the voters of the State at the November 5,1996 general election. The Initiative added Article XllIC (' Article XllIC") and Article XllID to the California Constitution. According to the "Title and Summary" of the Initiative prepared by the California Attorney General, the Initiative limits "the authority of local governments to impose taxes and property-related assessments, fees and charges." The provisions of the Initiative have not yet been interpreted by the courts, although a number of lawsuits have been filed requesting the courts to interpret various aspects of the Initiative. Among other things, Section 3 of Article XIII states that" . . . the initiative power shall not be prohibited or otherwise limIted in matters of reducing or repealing any local tax, assessment, fee or charge." The Act provides for a procedure, which includes notice hearing, protest and voting requirements to alter the rate and method of apportionment of an existing special tax. However, the Act prohibits a legislative body from adopting any resolution to reduce the rate of any special tax or tenninate the levy of any special tax pledged to repay any debt incurred pursuant to the Act unless such legislative body determines that the reduction or tennination ofthe special tax would not interfere with the tImely retirement of that debt. On July I, 1997, a bill signed into law by the Governor of the State enacting Government Code Section 5854, whtch states that: "Section 3 of Article XIIIC of the California Constitution, as adopted at the November 5, 1996, general election, shall not be construed to mean that any owner or beneficial owner of a municipal security, purchased before or after that date, assumes the risk of, or in any way consents to, any action by initiative measure that constitutes an impairment of contractual rights protected by Section 10 of Article I of the United States Constitution. " Accordingly, although the matter is not free from doubt, it is likely that the Initiative has not conferred on the voters the power to repeal or reduce the Special Taxes if such reduction would interfere with the timely retirement of the Bonds. It may be possible, however, for voters orthe Districtto reduce the Special Taxes in a manner which does not interfere with the timely repayment ofthe Bonds but which does reduce the maximum amount of Special Taxes that may be levied in any year below the existing levels. Therefore, no assurance can be given with respect to the levy of Special Taxes for Administrative Expenses. Furthennore, no assurance can be !liven wtth respect to the future levy of the Special Taxes in amounts greater than the amount necessary for tne timely retirement of the Bonds. Like its antecedents, the Initiative is likely to undergo both judicial and legislative scrutiny before its impact on the District and its obligations can be detennined. Certain provisions of the Initiative may be exammed by the courts for their constitutionality under both State and federal constitutional law. The District is not able to predict the outcome of any such examination. The foregoing discussion of the Initiative should not be considered an exhaustive or authoritative treatment of the issues. The District does not expect to be in a position to control the consideration or disposition of these issues and cannot predict the timing or outcome of any judicial or legislative activity in this regard. Interim rulings, final deCIsions, legislative proposals and legislative enactments may all affect the impact ofthe Initiative on the Bonds as well as the market for the Bonds. Legislative and court calendar delays and other factors may prolong any uncertainty regarding the effects of the Initiative. Ballot Initiatives and Legislative Measures The Initiative was adopted pursuant to a measure qualified for the ballot pursuant to California's constitutional initiative process and the State Legislature has in the past enacted legislation which has altered the spending limitations or established minimum funding provisions for particular activities. From time to 45 time, other initiative measures could be ado{lted by Califomia voters or legislation enacted by the State Legislature. The adoption of any such initiallve or enactment of lellislation might place limitatIOns on the ability of the State, tlie County, the City, the District or local distflcts to increase revenues or to increase appropriations or on the ability of a property owner to complete the development ofthe property. Limited Secondary Market There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. Although the Authority has committed to provide certain statutorily-required financial and operating information, there can be no assurance that such information will be available to Bondowners on a timely basis. The failure to provide the annual financial and operating information does not give rise to monetary damages but merely an action for specific performance. Occasionally, because of general market conditions, lack of current information or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular Issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon then prevailing circumstances. Such prices could be substantially different from the original purchase price. Loss of Tax Exemption As discussed under the caption "LEGAL MATTERS - Tax Exemption," the interest on the Bonds could become includable in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds as a result of acts or omissions ofthe Authority in violation of certain provisions of the Code and the covenants of the Fiscal Agent Agreement. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds, the Authority has covenanted in the Fiscal Agent Agreement not to take any action, or fail to take any action, if such action or failure to take such action would adversely affect the exclusion from gross income ofinterest on the Bonds under the Internal Revenue Code of 1986, as amended. Should such an event of taxability occur, the Bonds are not subject to early redemption and will remain outstanding to maturity or until redeemed under the optional redemption or mandatory redemption provisions of the Fiscal Agent Agreement. Limitations on Remedies Remedies available to the Bondowners may be limited by a variety offactors and may be inadequate to assure the timely payment of principal of and interest on the Bonds or to preserve the tax-exempt status of the Bonds. See "Payments by FDIC and Other Federal Agencies," "No Acceleration Provisions" and "Billing of Special Taxes" herein. LEGAL MATTERS Legal Opinion The legal opinion of Quint & Thimmig LLP, San Francisco, Califomia, Bond Counsel, approving the validity of the 2005 Bonds will be made available to purchasers at the time of original delivery and the form of such opinion is attached hereto as Appendix F. Tax Exemption In the opinion of Quint & Thimmig LLP, San Francisco, California, Bond Counsel, under existing law, subject to the Authority's compliance with certain covenants, interest on the 2005 Bonds is excludable from gross income ofthe owners tliereof for federal income tax purposes under section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and, under section 55 of the Code, is not included as an item of tax preference in com{luting the federal alternative minimum tax for individuals and corporations under the Code but is taken mto account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. Failure by the Authority to comply with one or more of such covenants could cause interest on the 2005 Bonds to not be excludable from gross income under section 103 of the Code for federal income tax purposes retroactively to the date of issuance of the 2005 Bonds. In the further opinion of Bond Counsel, interest on the 2005 Bonds is exempt from California personal income taxes. 2005 Bondowners should also be aware that the ownership or disposition of, orthe accrual or receipt of interest on, the 2005 Bonds might have tax consequences other than as described above. Bond Counsel expresses no opinion regarding any collateral tax consequences arising with respect to the 2005 Bonds other 46 than as expressly described above. The complete text of Bond Counsel's proposed opinion is set forth in Appendix F hereto. Original Issue Discount; Premium Bonds To the extent the issue price of any maturity ofthe Series 2005 Bonds is less than the amount to be paid at maturity of such Series 2005 Bonds (excluding amounts stated to be interest and payable at least annually over the term of such Series 2005 Bonds), the difference constitutes "original issue discount," the accrual of which, to the extent properly allocable to each Owner thereof, is treated as interest on the Series 2005 Bonds which is excluded from gross income for federal income tax purposes and State of California personal income taxes. For this purpose, the issue price of a particular maturity of the Series 2005 Bonds 10 the first price at which a substantial amount of such maturity of the Series 2005 Bonds is sold to the public (excluding bond houses, brokers, or similar persons or orgaOlzations acting in the capacity of underwriters, placement agents or wholesalers). The original issue discount with respect to any maturity of the Series 2005 Bonds accrues daily over the term to maturity of such Series 2005 Bonds on the basis of a constant interest rate compounded semiannually (with straignt-Iine inte'!'o)ations between compounding dates). The accruing original issue discount is added to the adjusted basIs of such Series 2005 Bonds to determine taxable gain or loss upon disposition (including sale, redemption, or payment on maturity) of such Series 2005 Bonds. Owners ofthe Series 2005 Bonds should consult their own tax advisors with respect to the tax consequences of ownership of the Series 2005 Bonds with original issue discount, including the treatment of purchasers who do not purchase such Series 2005 Bonds in the original offering to the public at the first price at which a substantial amount of such Series 2005 Bonds is sold to the public. The Series 2005 Bonds purchased, whether at original issuance or otherwise, for an amount greater than their p'rincipal amount payable at maturity (or, in some cases, at their earlier call date) ("Premium Bonds") WIll be treated as having amortizable bond premium. No deduction is allowable for the amortizable bond premium in the case of bonds, like the Premium Bonds, the interest on which is excluded from gross income for federal income tax purposes. However, a purchaser's basis in a Premium Bond, and under Treasury Regulations, the amount of tax exempt interest received will be reduced by the amount of amortizable Dond premium properly allocable to such purchaser. Owners of Premium Bonds should consult their own tax adVIsors with respect to the proper treatment of amortizable bond premium in their particular circumstances. IRS Audit of Tax-Exempt Bond Issues The Internal Revenue Service has initiated an expanded program for the auditing oftax-exemyt bond issues, including both random and tarlleted audits. It is possible that the Bonds will be selected for audit by the Internal Revenue Service. It IS also possible that the market value of the Bonds might be affected as a result of such an audit ofthe Bonds (or by an audit of similar bonds). No Litigation At the time of delivery of the 2005 Bonds, the Authority and the District will certify that there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or regulatory agency, public board or body pending witn respect to which they have been served with process or tlireatened against the Authority or the District affecting their existence, or the titles of their respective officers, or seeking to restrain or to enjoin the issuance, sale or delivery ofthe 2005 Bonds, the application of the proceeds thereof in accordance with the Fiscal Agent Agreement, or the collection or application of the Special Tax to pay the principal of and interest on the 2005 Bonds, or in any way contesting or affecting the validity or enforceabIlity of the 2005 Bonds, or the Fiscal Agent Agreement or any action of the Authority or the District contemplated by either of said documents, or in any way contesting the completeness or accuracy of this Official Statement or any amendment or supplement hereto, or contesting the powers of the Authority or the District or their authority with respect to the 2005 Bonds or any action of the Authority or the District contemplated by either of said documents, nor, to the knowledge of the Authority, is there any basis therefor. No General Obligation ofthe Authority or the District The Bonds are not general obligations of the Authority or the District, but are limited obligations ofthe Authority for the District payable solely from proceeds ofthe Special Tax and proceeds of the Bonds, including amounts in the Reserve Fund, the Special Tax Fund and the Bond Fund. Any tax levied for the payment of the Bonds shall be limited to the Special Taxes to be collected within the jurisdiction of the 47 District. NO RATINGS The 2005 Bonds have not been rated by any securities rating agency. UNDERWRITING The 2005 Bonds are being purchased by Stone & Youngberg LLC at a purchase $ (which represents the aggregate principal amount of the 2005 Bonds ($ oflgmallssue discount of $ and less an underwriter's discount of $ ). The purchase agreement relating to the 2005 Bonds provides that the Underwriter will purchase all of the 2005 Bonds, ifany are purchased, the obligation to make such purchase being subject to certain terms and conditions set forth in such purchase agreement. price of ), less The Underwriter may offer and sell 2005 Bonds to certain dealers and others at prices lower than the offering price stated on the cover page hereof. The offering prices may be changed from time to time by the Underwriter. PROFESSIONAL FEES Fees payable to certain professionals, in connection with the 2005 Bonds, including the Underwriter, Quint & Thimmlg LLP, as Bond Counsel, McFarlin & Anderson LLP, as Disclosure Counsel, and U.S. Bank National Association, as the Fiscal Agent, are contingent upon the issuance of the 2005 Bonds. The fees of Canty Engineering Group, Inc., as Special Tax Consultant, and Fieldman, Rolapp & Associates, as Financial Advisor to the Authority, are in part contingent upon the issuance of the 2005 Bonds. MISCELLANEOUS References are made herein to certain documents and reports which are brief summaries thereof which summaries do not purport to be complete or definitive and reference is made to such documents and reports for full and complete statement of the contents thereof. Any statements in this Official Statement involving matters of opinion, whether or not expressly so stated, are intended as such and not as representatives of fact. This Official Statement is not to be construed as a contract or agreement between the District or the Authority and the purchasers or owners of any ofthe 2005 Bonds. The execution and delivery of the Official Statement by the District has been duly authorized by the Authority on behalf of the District. TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) By: Shawn Nelson Executive Director, Temecula Public Financing Authority, on behalf of the District 48 APPENDIX A GENERAL INFORMATION ABOUT THE CITY OF TEMECULA Thefollowing information is providedfor background purposes only. The City of Temecula has no liability whatsoever with respect to the 2005 Bonds or the Fiscal Agent Agreement. General Information Following a vote by the residents on November 7, 1989, the City incorporated under the general laws ofthe State of California on December I, 1989. The City has a Council-Manager form of government, and is represented by the five members of the City Council who are elected at-large to serve a four-year term. The Mayor is selected annually by the members ofthe City Council. The Temecula Community Services District (TCSD) was also established in 1989. The TCSD is responsible for providing parks and recreation services to the citizens ofTemecula, as well as street lighting and slope maintenance in certain areas of the district. Other governmental entities, such as the State of California, the County and various school, water and other districts, also provide various levels of service within the City of Temecula. However, the Temecula City Council does not have a continuing oversight responsibility over these other governmental entities. Located on Interstate 15, the City ofTemecula is the 10'" largest city in the Inland Empire and the 5" largest in Riverside County (as of January, 2004), encompassing 27.\ square miles. The City of Temecula is 85 miles southeast of Los Angeles, 55 miles north of San Diego, 61 miles southeast of Orange County, and 20 miles inland from the cities of San Juan Capistrano and Oceanside. The City's approximately 81,397 residents are offered a broad range of housing options from apartments to luxury custom homes, with the median housing price, as of September 2004, at $444,616. Population From 1990 - 2005, the City's population grew from 27,099 to 81,397, a gain of 54,298 or 200.4%. In this same period, Riverside County added 706,587, a gain of 60.4%. CITY OF TEMECULA AND COUNTY OF RIVERSIDE POPULATION FROM \990 TO 2005 Temecula Riverside County Year Population % Change Population % Change 1990 27,099 I, t 70,413 t991 27,264 0.6% 1,223,227 4.5% 1992 31.005 13.7 1,268,844 3.7 1993 33;226 7.2 1,304,447 2.8 1994 35,771 7.7 1,331,988 2.1 1995 39,284 9.8 1,355,571 1.8 1996 4t,850 6.5 t,381,781 1.9 1997 43,760 4.6 1,400,384 1.3 1998 46,564 6.4 1,441,237 2.9 1999 48,828 4.9 1,473,307 2.2 2000 53,791 10.2 1,522,855 3.4 2001' 61,803 14.9 1,590,473 4.4 2002 72,164 16.8 1,654,220 4.0 2003 75,996 5.3 1,726,754 4.4 2004 78,841 3.7 1,807,858 4.7 2005 8t,397 3.2 t,877,000 3.8 *lncrease includes Vail Ranch annexation. 0ource: California Department afFinance. A-I Construction Activity The following table shows a five year history of construction activity in the City. CITY OF TEMECULA BUILDING PERMITS AND VALUATIONS 2000 - 2004 2000 200t 2002 2003 2004 Valuation: Residential $ t 56.787.850 $t27,823,375 $tOO,516,115 $194,699,509 $t85,04t,089 Non-residential 58.320.736 39602.913 43,487.229 36087.001 56.658.233 Total $215.108.586 $167.426.288 $144,003.344 $230.786.510 $241.699.322 Residential Units: Single family l,t42 944 650 1,27t 888 Multiple family 244 ~ ~ ~ 408 Tolat 1.386 944 650 1.413 1.296 ::'ource: Construction Industry Research Board. The following table shows historical commercial and residential construction and property values. A-2 CITY OF TEMECULA COMMERCIAL AND RESIDENTIAL CONSTRUCTION AND PROPERTY VALUES 1992 - 2004 Commercial Construction(l) Residential Construction(') Property Values(l) Number Number Fiscal Year of Units Value of Units Value Commercial Residential 1992 t58 $ 902 337 $ 10,605 $1,078,926 $1,542,280 t993 150 6,316 802 50,347 1,473,713 t ,454,943 t994 130 10,639 1,186 113,002 t ,526,353 1,489,077 t995 162 29,221 968 85,410 1,466,64 t t,539,257 1996 136 23,572 987 93,674 1,478,230 1,677,720 1997 202 32,863 857 85,257 1,347,000 1,856,203 1998 203 66,226 835 105,527 t ,321 ,044 t,958,706 1999 337 159,286 1,384 t 80,840 t,378,364 2,067,549 2000 437 52,497 t,179 148,660 1,524,091 2,303,303 2001 265 39,5t I t,606 169.687 t,935,537 2,627,716 2002 252 51,686 938 97,773 2,183,862 3,017,148 2003 304 41,402 1,162 145,387 2,633,661 4,127,318 2004 277 61,823 10472 179,071 2,988,060 4,807,229 Values in thousands of dollars. ,)ource: ~ City OJ , emeclIfa, Building and Safef!e Department. ~ County Land Use Statistical Recap eport. Economic Condition Temecula's economic base is anchored by a number offirrns specializing in biomedical technology and supplies, high technolo$y controllers and semi-conductors, among others. The City's retail base is also experiencing growth and IS home to several auto dealers including Honda, Toyota and Nissan. The following tables set forth major manufacturing and non-manufacturing employers: CITY OF TEMECULA MAJOR MANUFACTURING EMPLOYERS (As of June 2004) Employer Guidant Corporation International Rectifier/Hexfet Hudson Respiratory Care Inc. Channell Commercial Corp. Milgard Manufacturing Bianchi International The Scotts Company / Temecula Opto 22 Inc. Plant Equipment, Inc. Chemicon International Southwest Traders Maxxim Medical Molding International Tension Envelope F F F Enterprises Inc Approximate No. of Employees 2,354 560 500 350 325 225 214 213 200 195 166 110 102 101 100 A-3 Type of Business Medical equipment Power semi-conductors Medical equipment Cable enclosures Custom windows Leather goods Manufacturing Electric/automation controls Telephone equipment Medical products Distributor dry goods Medical supplies Injection Molders Envelope manufacturer Medical supplies CITY OF TEMECULA MAJOR NON-MANUFACTURING EMPLOYERS (As of June, 2004) Approximate No. of Employees Employer Temecula Valley Unified School District (TVUSD) Professional Hospital Supply Costco Wholesale Albertsons Robinson-May Sears Sierra Pacific Farm, Inc. City of Temecula Norm Reeves Auto Group Mervyns JC Penneys Temecula Creek [nn Dayton Hudson Corporation/Target Stater Brothers Lowe's Rancho Ford Lincoln Mercury Home Depot Claim Jumper K-Mart Corporation Mc Millan Farm Management Toyota ofTemecula Valley TGI Friday's Rancho California Water District Pat & Oscar's Magnecomp Corporation Source: City Finance Department. Sales Tax Assessed Values Type of Business 2,132 600 400 275 250 250 250 236 230 210 209 180 180 170 167 150 150 150 150 150 130 125 122 120 108 Public school system Medical equipment/supplies Wholesale warehouse Supermarket Retail Retail Farm Management Local Government Auto dealer Retail Retail Hospitality Retail Supermarket Retail Automobile Sales Retail Restaurant Retail Farm Management Automobile Sales Restaurant Water District Restaurant Data Storage Industrial and business parks offering clean industries and convenient office space provide growing employment opportunities. The retail community is expanding rapidly with excellent shopping venues including the regional Promenade Mall, a unique Historic Old Town area, and neighborhood strip centers. A wide selection of restaurants allows diners to choose between nationally recognized chains or intimate dining bistros. A-4 CITY OF TEMECULA SALES TAX HISTORY Year Amount 1989-90 $632,153 1997-98 $9,186,547 1998-99 $10,652,400 t 999-00 $14,009,322 2000-01 $16,321,929 200t-02 $19,237,3t7 2002-03 $21,572,199 2003-04 $23,900,000* 'Budget Estimate. Source: City of Temecula Finance Department. [CHECK WITH CITY FOR UPDATES AND 04-051 05-06 BUDGET AMOUNTS] CITY OF TEMECULA PRINCIPAL SECURED PROPERTY OWNERS FOR THE YEAR ENDED JUNE 30, 2004 2003 Assessed Valuation Taxpayer Type of Business (in thousands) Advanced Cardiovascular System Inc. Manufacturing International Rectifier Corporation Manufacturing Ternecula Towne Center Associates Real Estate Development KimeD Palm Plaza Limited Partnership Real Estate Development Lakha-Aldenwood Properties LLC Real Estate Development Porto fino Development Real Estate Development Harveston LLC Vacant Land $147,768 120,271 96,484 40,972 36,736 29,651 29,304 29,148 28,697 26.776 $585,807 Starwood Wassennan Temecula Property Management STCA Manufacturing California Acacia Limited Partnership Real Estate Development Source: Riverside County Assessor's Office. A-S Percent of Total Assessed (Valuation) 2.12% 1.73% 1.39% 0.59% .053% 0.43% .042% 0.41% 0.38% 0.38% 8.38% CITY OF TEMECULA ASSESSED AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY FOR THE FISCAL YEARS ENDED JUNE 30,1997 THROUGH 2005 (Values in Thousands) Total Exemptions Net Exemptions Net Total Estimated Fiscal Year Secured and Veteran Assessed Homeowner Assessed Actual Taxes Unsecured Church, etc. Value s Value Value t997 $3,203,187 $(22,479) $3, 180,9t 1 $(53,023) $3, t27,888 $3,t27,888 1998 $3,280,066 $(24,432) $3,255,633 $(56,665) $3,198,969 $3,198,969 t999 $3,446,093 $(24,44 t) $3,42t,652 $(60,1l9) $3,36 t,533 $3,361,533 2000 $3,826,889 $(25,822) $3,80t,068 $(6t,464) $3,739,603 $3,739,603 200t $4,563,2 t 7 $(29,676) $4,533,542 $(64,372) $4,469, t 69 $4,469, t 69 2002 $5,201,622 $(33,370) $5,168,252 $(68,938) $5,099,3 t 4 $5,099,3 t 4 2003 $6,20t,896 $(30,010) $6, t 7 t ,886 $(82,926) $6,088,960 $6,088,960 2004 $6,93t,696 $(43,309) $6,888,660 $(92,362) $6,796,298 $6,796,298 2005 $7,795,288 $(53,239) $7,748,049 $(94,237) $7,647,813 $7,647,8t3 Source: Riverside County Assessor's Office. General Information Industrial Real Estate. The City is part of the Inland Empire's industrial real estate market. In 1999, the inland region's 26.1 million square feet of gross space absorption set a record. Lee & Associates found that in August, 2002, the City had 9.0 million square feet of industrial space or 3.0% of the inland area's inventory. Temecula's industrial vacancy rate was 12.0% representing 1.1 million square feet of space. Among local cities, this ranked ninth just below Mira Loma (1.2 million square feet) and above San Bernardino (1.06 million). Agriculture. The climate and soil in the City are particularly favorable for growing avocado, grape, and citrus crops. There are .currently several agricultural management firms in the Temecula area which manage agricultural production of thousands of acres of land owned by individual investors, partnerships and corporations. The agricultural managers apply economies of scale, by combining many small and medium sized parcels ofland as ifthese parcels were one large ranch. In addition, a substantial wine industry has been developed in the City and the surrounding area. As of May 2005, there were twenty (20) wineries which produce wine with locally grown grapes. Climate. Temecula Valley enjoys a mild Mediterranean climate with year-round temperatures averaging in the mid 70's. The weather is comparable to the Napa Valley, as evidenced by a thriving wine industry, with warm, dry days and cool evenings. Summertime temperatures, which can average in the mid 80's or the mid 90's during the day, are often cooled by afternoon ocean breezes blowing into the valley through gaps in the Santa Ana foothills to the west. Although separated from the Pacific by the Santa Rosa range of mountains, the Rainbow Gap funnels the mild beach climate into the valley. Mild wintertime temperatures average in the mid 60's. Yearly average rainfall in Temecula is approximately 14 inches, as A-6 compiled by the Rancho California Water district. The quality of air in the Temecula Valley is consistently better than that of surrounding communities. Ocean breezes flow through the Rainbow Gap almost every day, sweeping away smog. In the summer, Pacific winds yield temperatures up to 10 degrees lower than in towns just a few miles away. Education. The City is served by Temecula Valley Unified School District, one of the fastest growing school districts in the State, with 4 high schools (including a continuation school), 5 middle schools (including an alternative academy), 2 charter schools, I home-schooling program, and 15 elementary schools. In addition, there are 9 private schools and several pre-schools. The general boundaries extend north to Jean Nicholas Road in French Valley, south to the Riverside County line, east to Vail Lake, and west to the Temecula city limit. The District covers approximately 150 square miles. As of May 2005, approximately 25,653 students (Grades K-12) were enrolled in the District. The University of California, Riverside has opened an extension center in the City and Mt. San Jacinto Community College operates a campus ten miles north ofthe City to serve the growing population. Temecula began the 1990s with a well-educated population, and its population trends and school performance figures have allowed it to maintain that position. Transportation. Interstate 15 and its connecting arterials provide convenient links to San Diego and Riverside, Los Angeles (Interstate 10), Orange County (Highway 91) and San Bernardino (Interstate 215). The French Valley Airport, 4 miles north of Interstate 15 on Winchester Road, accommodates business jets and commuter airlines. Housing: Temecula is unique in that its residents are about equidistant from both San Diego and Orange County via the Interstate 15 freeway. As a result, it is receiving growth impulses from the south as well as the north, as families spill into the Inland Empire from Southern California's more congested coastal counties. Temecula's rapid population growth represents a relatively new phenomenon in Southern California. A large number of the City's new residents have migrated north from San Diego County along the Interstate 5 freeway. Normally, a Southern California community undergoes rapid growth only when population spills from Orange or Los Angeles counties. The latest population data shows Temecula with 81,397 residents as of January 1,2005, which includes the annexation of the Vail Ranch area in July, 2001 and the March, 2004 annexation of the community of Redhawk, which becomes official July, 2005. A-7 APPENDIX B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX B-1 [THIS PAGE INTENTIONALLY LEFT BLANK] APPENDIX C SUMMARY APPRAISAL REPORT C-I APPENDIX D SUMMARY OF CERTAIN PROVISIONS OF THE FISCAL AGENT AGREEMENT 0-1 APPENDIX E FORM OF COMMUNITY FACILITIES DISTRICT CONTINUING DISCLOSURE AGREEMENT E-I APPENDIX F FORM OF OPINION OF BOND COUNSEL F-I APPENDIX G BOOK-ENTRY SYSTEM The following description of the procedures and record keeping with respect to beneficial ownership interests in the 2005 Bonds, payment of principal of and interest on the 2005 Bonds to Direct Participants, Indirect Participants or Beneficial Owners (as such terms are defined below) of the 2005 Bonds, confirmation and transfer of beneficial ownership interests in the 2005 Bonds and other Bond-related transactions by and between DTC, Direct Participants, Indirect Participants and Beneficial Owners of the 2005 Bonds is based solely on iriformation furnished by DTC to the District which the District believes to be reliable, but the Authority, the District and the Underwriter do not and cannot make any independent representations concerning these matters and do not take responsibility for the accuracy or completeness thereof Neither the DTC, Direct Participants, Indirect Participants nor the Beneficial Owners should rely on the foregoing information with respect to slich matters, but should instead confirm the same with DTC or the DTC Participants, as the case may be. The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the 2005 Bonds. The 2005 Bonds will be issued as fully registered securities registered in the name of Cede & Co. (DTe's partnership nominee) or such other name as may be requested by an authorized representative ofDTC. One fully registered 2005 Bond will be issued for each maturity of the 2005 Bonds, each in the aggregate principal amount of such maturity and will be deposited with DTC. DTC, the world's largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning ofthe New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 2.2 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues and money market instruments from over 100 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of Direct Participants ofDTC and Members of the National Securities Clearing Corporation, Fixed Income Clearing Corporation, and Emerging Markets Clearing Corporation, (NSCC, FICC, and EMCC, also subsidiaries ofDTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange LLC, and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's highest rating: AAA. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.comand www.dtc.org. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 2005 Bonds on DTC's records. The ownership interest of each actual purchaser of each 2005 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements oftheir holdings, from the Direct or Indirect Participant through which the Beneficial G-I Owner entered into the transaction. Transfers of ownership interests in the 2005 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the 2005 Bonds, except in the event that use of the book-entry system for the 2005 Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as requested by an authorized representative ofDTC. The deposit of the 2005 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 2005 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such 2005 Bonds are credited, which mayor may not be the Beneficial Owners. The Direct or Indirect Participants will remain responsible for keeping account oftheir holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of2005 Bonds may wish to take certain steps to augment the transmissions to them of notices of significant events with respect to the 2005 Bonds, such as redemptions, tenders, defaults, and proposed amendments to the 2005 Bonds documents. For example, Beneficial Owners of the 2005 Bonds may wish to ascertain that the nominee holding the 2005 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. Redemption notices shall be sent to DTC. Ifless than all of the 2005 Bonds are being redeemed, DTC's practice is to determine by lot the amount ofthe interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the 2005 Bonds unless authorized by a Direct Participant in accordance with DTC's Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the District as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the 2005 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal, redemption price and interest payments on the 2005 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the District, the Authority or the Fiscal Agent, on a payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securiiies held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not ofDTC (nor the nominee), the Fiscal Agent, the Authority or the District, subject to any statutory and regulatory requirements as may be in effect from time to time. Payment of principal, redemption price and interest payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Authority or the Fiscal Agent, disbursement of such payments to Direct Participants will be the responsibility ofDTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its service as depository with respect to the 2005 Bonds at any time by giving reasonable notice to the Fiscal Agent. Under such circumstances, in the event that a successor depository is not obtained, 2005 Bond certificates are required to be printed and delivered. G-2 The Authority may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, the 2005 Bond certificates will be printed and delivered. The information in this section concerning DTC and DTC's book-entry system has been obtained from sources that the Authority and the District believe to be reliable, but the Authority and the District take no responsibility for the accuracy thereof. Discontinuance of DTC Services In the event that (a) DTC determines not to continue to act as securities depository for the 2005 Bonds, or (b) the Authority determines that DTC shall no longer act and delivers a written certificate to the Fiscal Agent to that effect, then the Authority will discontinue the Book-Entry System with DTC for the 2005 Bonds. [fthe Authority determines to replace DTC with another qualified securities depository, the Authority will prepare or direct the preparation of a new single separate, fully registered Bond for each maturity of the 2005 Bonds registered in the name of such successor or substitute securities depository as are not inconsistent with the terms of the Fiscal Agent Agreement. If the Authority fails to identify another qualified securities depository to replace the incumbent securities depository for the 2005 Bonds, then the 2005 Bonds shall no longer be restricted to being registered in the 2005 Bond registration books in the name ofthe incumbent securities depository or its nominee, but shall be registered in whatever name or names the incumbent securities depository or its nominee transferring or exchanging the 2005 Bonds shall designate. In the event that the Book-Entry System is discontinued, the following provisions would also apply: (i) the 2005 Bonds will be made available in physical form, (ii) principal of, and redemption premiums if any, on the 2005 Bonds will be payable upon surrender thereof at the trust office of the Fiscal Agent identified in the Fiscal Agent Agreement, and (iii) the 2005 Bonds will be transferable and exchangeable as provided in the Fiscal Agent Agreement. The Authority, the District and the FiscalAgentdo not have any responsibility or obligation to DTC Participants, to the persons for whom they act as nominees, to Beneficial Owners, or to any other person who is not shown on the registration books as being an owner oj the 2005 Bonds, with respect to (i) the accuracy oJ any records maintained by DTC or any DTC Participants; (ii) the payment by DTC or any DTC Participant oj any amount in respect oJthe principal of, redemption price oj or interest on the 2005 Bonds; (iii) the delivery oj any notice which is permitted or required to be given to registered owners under the Fiscal Agent Agreement; (iv) the selection by DTC or any DTC Participant oj any person to receive payment in the event oj a partial redemption oJthe 2005 Bonds; (v) any consent given or other action taken by DTC as registered owner; or (vi) any other matter arising with respect to the 2005 Bonds or the Fiscal Agent Agreement. The Authority, the District and the Fiscal Agent cannot and do not give any assurances that DTC, DTC Participants or others will distribute payments oJprincipal oj or interest on the 2005 Bonds paid to DTC or its nominee, as the registered owner, or any notices to the Beneficial Owners or that they will do so on a timely basis or will serve and act in a manner described in this Official Statement. The Authority, the District and the Fiscal Agent are not responsible or liable Jar the failure oJDTC or any DTC Participant to make any payment or give any notice to a Beneficial Owner in respect to the 2005 Bonds or any error or delay relating thereto. 0-3 . [THIS PAGE INTENTIONALLY LEFT BLANK] TEMECULA PUBLIC FINANCING AUTHORITY CFD 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B BOND PURCHASE AGREEMENT $ TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B BOND PURCHASE AGREEMENT August _' 2005 Temecula Public Financing Authority 43200 Business Park Drive Temecula, California 92590 Ladies and Gentlemen: Stone & Youngberg LLC (the "Underwriter") offers to enter into this Bond Purchase Agreement (the "Bond Purchase Agreement") with the Temecula Public Financing Authority (the "Authority") for and on behalf of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) (the "District") which, upon acceptance, will be binding upon the Authority and upon the Underwriter. This offer is made subject to acceptance of it by the Authority on the date hereof, and if not accepted will be subject to withdrawal by the Underwriter upon notice delivered to the Authority at any time prior to the acceptance hereof by the Authority. 1. Purchase. Sale and Deliverv of the Bonds (a) Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Underwriter agrees to purchase from the Authority, and the Authority agrees to sell to the Underwriter, all (but not less than all) of the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds, Series 2005-B (the "2005 Bonds") in the aggregate principal amount of $ . The 2005 Bonds are dated their date of delivery, and bear interest at the rates set forth in Exhibit A hereto (payable on each March I and September I of each year, commencing March 1,2006) and mature on September I, 2035. The purchase price for the 2005 Bonds shall be as set forth in Exhibit A hereto. The 2005 Bonds will be subject to demand for and mandatory purchase pursuant to the provisions of the Fiscal Agent Agreement by and between the Authority and U.S. Bank National Association, as fiscal agent (the "Fiscal Agent"), dated as of August 1,2005 (the "Fiscal Agent Agreement"). The 2005 Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable and subject to redemption as provided in, the Fiscal Agent Agreement. The 2005 Bonds and interest thereon will be payable from a special tax (the "Special Tax") levied and collected in accordance with the Fiscal Agent Agreement and Ordinance No. TPF A 03-0 I (Crowne Hill) (the "Ordinance") adopted by the Board of Directors of the Authority (the "Board") on April 8, 2003, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the "Act"). The proceeds of the 2005 Bonds shall be applied (i) to finance the acquisition and construction of certain street and signal improvements, storm drain improvements, sewer and water improvement, fire protection improvements and park and recreation improvements (collectively, the "Improvements") within or in the vicinity ofthe District, (ii) to eliminate in whole an existing special assessment lien (the "Prior Lien") on parcels in the District, (iii) to pay interest on the 2005 Bonds for a limited period oftime, (iv) to pay certain administrative expenses of the District, (v) to pay the costs of issuing the 2005 Bonds and (vi) to establish a Reserve Fund for the 2005 Bonds. TEMCH BPAk.wpdlLR/424 (b) Pursuantto the authorization ofthe Authority, the Underwriter has distributed copies of the Preliminary Official Statement, dated July [27], 2005, relating to the 2005 Bonds, which, together with the cover page and all appendices thereto, is herein called the "Preliminary Official Statement" and which, as amended by the Authority with the prior approval of the Underwriter, will be referred to herein as the "Official Statement." The Authority hereby ratifies the use by the Underwriter ofthe Preliminary Official Statement and authorizes the Underwriter to use and distribute the Official Statement, the Fiscal Agent Agreement, the other documents or contracts to which the Authority is a party, including this Bond Purchase Agreement, relating to the 2005 Bonds, and all information contained therein, and all other documents, certificates and statements furnished by the Authority to the Underwriter in connection with the transactions contemplated by this Bond Purchase Agreement, in connection with the offer and sale of the 2005 Bonds by the Underwriter. (c) At 8:00 A.M., Los Angeles time, on August [4], 2005, or at such other time or on such earlier or later business day as shall be agreed upon by the Underwriter and the Authority (such time and date being herein referred to as the "Closing Date"), the Authority will deliver to the Underwriter (i) at the offices of The Depository Trust Company, in New York, New York, the 2005 Bonds in temporary or definitive form, bearing CUSIP'" numbers, and duly executed by the officers of the Authority and authenticated by the Fiscal Agent as provided in the Fiscal Agent Agreement and (ii) at the offices of Quint & Thimmig LLP in San Francisco, California, the other documents herein mentioned; and the Underwriter shall accept such delivery and pay the purchase price of the 2005 Bonds as set forth in Section lea) hereof by wire transfer of immediately available funds. The date of this payment and delivery, together with the delivery of the aforementioned documents, is herein called the "Closing." Notwithstanding the foregoing, the Underwriter may, in its discretion, accept delivery of the 2005 Bonds in temporary form upon making arrangements with the Authority which are satisfactory to the Underwriter relating to the delivery ofthe 2005 Bonds in definitive form. The 2005 Bonds shall be in fully registered form, registered in the name of CEDE & Co., as nominee of The Depository Trust Company. The failure to print CUSIP'" identification numbers on any of the 2005 Bonds or any error with respect thereto shall not constitute cause for a failure or refusal of the Underwriter to accept delivery of, or pay for, the 2005 Bonds in accordance with the terms of this Bond Purchase Agreement. (d) The Underwriter agrees to offer all the 2005 Bonds to the public initially at the a price of par. Subsequent to the initial public offering of the 2005 Bonds, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing ofthe 2005 Bonds. The 2005 Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. 2. Reoresentations. Warranties and Agreements of the Authoritv. The Authority represents, warrants and covenants to and agrees with the Underwriter that: (a) The District is duly organized and validly existing as a community facilities district under the laws of the State of California (the "State") and the Authority has, and at the Closing Date will have, as the case may be, full legal right, power and authority for and on behalf of the District (i) to adopt the Procedural Resolutions (as defIDed below) and the Ordinance, (ii) to execute and deliver the 2005 Bonds and the District Documents (as defined below) and to perform its obligations under the 2005 Bonds and the District Documents, (iii) to issue, sell and deliver the 2005 Bonds to the Underwriter pursuant to the Procedural Resolutions and the Fiscal Agent Agreement as provided herein, and (iv) to carry out, give effect to and consummate the transactions on its part contemplated by the Procedural Resolutions, the Official Statement, the 2005 Bonds and the District Documents. For purposes of this Bond Purchase Agreement, Resolution No. TPFA 03-1 adopted by the Board on January 28, 2003, stating the intention to establish the District, Resolution No. TPF A 03-2 adopted by the Board on January 28, 2003, stating the intention to incur bonded indebtedness, Resolution No. TPF A 03-05 adopted by the Board on March 25, 2003, establishing the District and authorizing the levy of the Special Tax within the District, Resolution No. TPF A 03-06 adopted 2 TEMCH BPAk.wpdlLR/424 by the Board on March 25, 2003, declaring the necessity to incur bonded indebtedness, Resolution No. TPF A 03-07 adopted by the Board on March 25, 2003, calling for a special election in the District, Resolution No. TPFA 03-08 adopted by the Board on March 25, 2003, declaring the results of the election, the Resolution adopted by the Board on May 13,2003, calling for a special ratifying election, the Resolution adopted by the Board on May 13, 2003, declaring results of special ratifying election and directing recording of an amended notice of special tax lien, and the Resolution adopted by the Board on May 13,2003, authorizing the issuance ofthe 2005 Bonds are referred to as the "Procedural Resolutions" and the Fiscal Agent Agreement, the Bond Purchase Agreement, the District Continuing Disclosure Agreement (the "District Continuing Disclosure Agreement"), dated as of August 1,2005, by and between the District and U.S. Bank National Association, as dissemination agent (the "Dissemination Agent"), the Acquisition Agreement (the "Acquisition Agreement"), dated as of June 1,2003, by and between the Authority and Lennar Homes of California, Inc., a Califomia corporation ("Lennar Homes"), as amended by the Supplement No. I to Acquisition Agreement, dated as of August I, 2005, by and between the Authority and the Lennar Homes, and the Joint Community Facilities Agreement - City (the "Joint Community Facilities Agreement - City"), dated as of March 1,2003, by and between the Temecula Public Financing Authority and the City ofTemecula (the "City"), the Joint Community Facilities Agreement -RCWD (the "Joint Community Facilities Agreement - RCWD"), dated as of March 1,2003, by and among the Temecula Public Financing Authority, the Rancho California Water District ("RCWD") and Lennar Homes, the Joint Community Facilities Agreement - EMWD (the "Joint Community Facilities Agreement - EMWD"), dated as of March 1,2003, by and among the TerneculaPublic Financing Authority, Eastern Municipal Water District ("EMWD") and Lennar Homes, and the Joint Community Facilities Agreement - Cal Trans (the "Joint Community Facilities Agreement - Cal Trans"), dated as of March I, 2003, by and between the Temecula Public Financing Authority and the State of California Department of Transportation are referred to herein as the "District Documents"); (b) The Authority has complied, and will at the Closing Date be in compliance, in all respects material to issuance and delivery ofthe 2005 Bonds with the 2005 Bonds, the District Documents and the Act and the Authority will continue to comply with the covenants of the Authority contained in the 2005 Bonds and the District Documents; (c) The Board for and on behalf of the District has duly and validly: (i) adopted the Procedural Resolutions and the Ordinance, (ii) called, held and conducted in accordance with all requirements of the Act an election to approve the levy of the Special Tax, (iii) authorized the preparation and delivery of the Preliminary Official Statement and the Official Statement, (iv) authorized and approved the execution and delivery of the 2005 Bonds and the District Documents and (v) authorized and approved the performance by the Authority of its obligations contained in, and the taking of any and all action on its part as may be necessary to carry out, give effect to and consununate the transactions on its part contemplated by, each of said documents (including, without limitation, the levy and collection of the Special Tax and the use of the proceeds of the 2005 Bonds to acquire public improvements), and at the Closing Date the 2005 Bonds and the District Documents have been, or on or before the Closing Date, will be duly executed and delivered by the Authority and on the Closing Date, the 2005 Bonds and the District Documents will constitute the valid, legal and binding obligations of the Authority on behalf of the District, and (assuming due authorization, execution and delivery by other parties thereto, where necessary of the other parties thereto) will be enforceable in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought; (d) The Authority is not in breach of or default under any applicable law or administrative rule or regulation ofthe State or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Authority is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the performance by the Authority of its obligations under the Procedural 3 TEMCH BPAk.wpdlLR/424 Resolutions, the Ordinance, the 2005 Bonds or the District Documents and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State, or of any department, division, agency or instrumentality thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Authority is a party or is otherwise subject or bound a consequence of which could be to materially and adversely affect the ability of the Authority to perform its obligations under the 2005 Bonds or any District Documents; (e) The adoption of the Procedural Resolutions and the Ordinance, and the execution and delivery by the Authority of the 2005 Bonds, the Official Statement and the District Documents and compliance by the Authority with the provisions thereof, did not and will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Authority is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of the Authority to perform its obligations under the 2005 Bonds or any of the District Documents; (t) All approvals, consents, authorizations, elections and orders of or filings or registrations with any State governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the ability of the Authority to execute and deliver and perform its obligations under the 2005 Bonds or the District Documents have been or will be obtained and are in full force and effect, except that the Authority provides no representation regarding compliance with "Blue Sky" or other securities laws or regulations whatsoever; (g) The 2005 Bonds, the Procedural Resolutions, the Ordinance and the District Documents conform as to form and tenor to the descriptions thereof contained in the Preliminary Official Statement, and which will be contained in the Official Statement as ofthe Closing Date, and when delivered to and paid for by the Underwriter on the Closing Date as provided herein, the 2005 Bonds will be validly issued and outstanding; (h) The Special Tax constituting the security for the 2005 Bonds has been duly and lawfully authorized and may be levied under the Act and the Constitution and the applicable laws of the State, and such Special Tax, when levied, will constitute a valid lien on the properties on which it has been levied; (i) Except as described in the Official Statement under the caption "THE COMMUNITY FACILITIES DISTRICT - Direct and Overlapping Debt," " - Overlapping Assessment and Community Facilities Districts" and "- Other Overlapping Direct Assessments," there are no outstanding assessment liens or special tax liens levied by the Authority for itself or on behalf of any community facilities district or assessment district against any ofthe properties within the District which are senior to the Special Tax lien referred to in paragraph I(a) hereof, and the Authority has no present intention of conducting further proceedings leading to the levying of additional special taxes or assessments against any of the properties within the District; (j) As ofthe date thereof, the Preliminary Official Statement (excluding the information under the caption of'THE COMMUNITY FACILITIES DISTRICT - Property Ownership," as to which the Authority and the District shall not be required to express any view) did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light ofthe circumstances under which they were made, not misleading; the Official Statement (excluding the information under the caption of "THE COMMUNITY FACILITIES DISTRICT 4 TEMCH BPAk.wpdlLR/424 - Property Ownership," as to which the Authority and the District shall not be required to express any view) does not and, as of the Closing Date, will not contain any untrue or misleading statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in the light ofthe circumstances under which they'X:re made, not misleading; (k) After the Closing Date and until the date which is twenty-five (25) days after the underwriting period (as defined below), (i) the Authority will not adopt any amendment of or supplement to the Official Statement to which the Underwriter shall object in writing or which shall be disapproved by counsel for the Underwriter and (ii) if any event shall occur of which the Authority is aware, as a result of which it is necessary, in the reasonable opinion of counsel for the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in the light of the circumstances existing at the time it is delivered to an initial purchaser of the 2005 Bonds, the Authority will forthwith prepare and furnish to the Underwriter a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to counsel for the Underwriter) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light ofthe circumstances existing at the time the Official Statement is delivered to an initial purchaser of the 2005 Bonds, not misleading. The costs of preparing any necessary amendment or supplement to the Official Statement shall be borne by the District. The term "end of the underwriting period" means the later of such time as (i) the Authority delivers the 2005 Bonds to the Underwriter or (ii) the Underwriter does not retain an unsold balance of the 2005 Bonds for sale to the public. Unless the Underwriter gives notice to the contrary, the "end ofthe underwriting period" shall be deemed to be the Closing Date. Any notice delivered pursuant to this provision shall be written notice delivered to the Authority at or prior to the Closing Date, and shall specifY a date (other than the Closing Date) to be deemed the "end of the underwriting period;" (I) The Fiscal Agent Agreement creates a valid pledge ofthe Special Tax Revenues and any other amounts (including proceeds of the sale of the 2005 Bonds) held in the Bond Fund and the Special Tax Fund established pursuant to the Fiscal Agent Agreement, subject in all cases to the provisions of the Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions set forth therein; (m) No action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body is pending against the Authority with respect to which the Authority has been served with process, or to the knowledge of the Authority threatened, affecting the existence of the Authority or the District or the titles of its officers to their respective offices (i) which would materially adversely affect the ability of the Authority to perform its obligations under the 2005 Bonds or the District Documents, or (ii) seeking to restrain orto enjoin the development of the land within the District, the issuance, sale or delivery of the 2005 Bonds, the application of the proceeds thereof in accordance with the Fiscal Agent Agreement, or the collection or application ofthe Special Tax pledged or to be pledged to pay the principal of and interest on the 2005 Bonds, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the 2005 Bonds, the District Documents, any other instruments relating to the development of any of the property within the District, or any action of the Authority contemplated by any of said documents, or (iii) in any way contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or the powers or authority ofthe Authority with respect to the Procedural Resolutions, the Ordinance, the 2005 Bonds or the District Documents, or any action of the Authority contemplated by any of said documents; or (iv) which alleges that interest on the 2005 Bonds is not excludable from gross income for federal income tax purposes or is not exempt from State personal income taxation, nor to the knowledge of the Authority is there any basis therefor; (n) The Authority will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order for the 5 TEMCH BPAk.wpdfLR/424 Underwriter to qualify the 2005 Bonds for offer and sale under the "Blue Sky" or other securities laws and regulations of such states and other jurisdictions of the United States of America as the Underwriter may designate; provided, however, the Authority shall not be required to register as a dealer or a broker of securities nor shall the Authority be required to consent to service of process or jurisdiction or qualify to do business in any jurisdiction or to expend funds for this purpose; (0) Any certificate signed by any official of the Authority authorized to do so and delivered by the Authority at the Closing shall be deemed a certification to the Underwriter by the Authority as to the statements made therein; (p) During the period from the date hereof until the Closing Date, the Authority agrees to furnish the Underwriter with copies of any documents it files with any regulatory authority which are requested by the Underwriter; (q) The Authority is not in default, nor has the Authority been in default at any time, as to the payment of principal or interest with respect to an obligation issued by the Authority or with respect to an obligation guaranteed by the Authority as guarantor; (r) The Authority will apply the proceeds from the sale of the 2005 Bonds as set forth in and for the purposes specified in the Fiscal Agent Agreement; (s) The Authority will undertake, pursuant to the Fiscal Agent Agreement and the District Continuing Disclosure Agreement to provide certain annual financial information and information about the District, together with notices of the occurrence of certain events, if material. A copy of the District Continuing Disclosure Agreement is set forth in Appendix F of the Preliminary Official Statement and will also be set forth in the Official Statement, and the specific nature of the information to be contained in the Annual Report (as defined in the District Continuing Disclosure Agreement) or the notices of material events is set forth in the District Continuing Disclosure Agreement; (t) The Preliminary Official Statement heretofore delivered to the Underwriter was, and hereby is, expressly deemed final by the Authority as of its date, except for the omission of such information as is permitted to be omitted in accordance with paragraph (b)(1) of Section 240.15c2-12 in Chapter II of Title 17 of the Code of Federal Regulations ("Rule 15c2-12"). The Authority hereby covenants and agrees that, within seven (7) business days from the date hereof, or upon reasonable written notice from the Underwriter within sufficient time to accompany any conformation requesting payment from any customers of the Underwriter, the Authority shall cause a final printed form of the Official Statement to be delivered to the Underwriter in sufficient quantity specified by the Underwriter to comply with paragraph (b)(4) of Rule 15c2-12 and Rules G-12, G-15, G-32 and G-36 of the Municipal Securities Rulemaking Board; (u) The District has not failed to comply with any continuing disclosure undertaking previously entered into in connection with the provisions of Rule 15c2-12(b)(5); and (v) Except as disclosed in the Official Statement, the Authority and the City have not failed to comply with any continuing disclosure undertaking previously entered into for itself or on behalf of another entity, in connection with the provisions of Rule 15c2-12(b)(5). 3. Conditions to the Obligations ofthe Underwriter. The obligations ofthe Underwriter to accept delivery of and pay for the 2005 Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the Authority contained herein, as of the date hereof and as of the Closing Date, to the accuracy in all material respects of the statements ofthe officers and other officials ofthe Authority made in any certificates or other 6 TEMCH BPAk.wpdlLR/424 documents furnished pursuant to the provisions hereof, to the performance by the Authority of its obligations to be performed hereunder at or prior to the Closing Date and to the following additional conditions: (a) At the Closing Date, the Procedural Resolutions, the Ordinance, the 2005 Bonds, the District Documents, and any other applicable agreements, shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the 2005 Bonds and with the transactions contemplated thereby and by this Bond Purchase Agreement, all such actions as, in the opinion of Quint & Thimmig LLP, San Francisco, California ("Bond Counsel"), shall be necessary and appropriate. (b) At the Closing Date, the Official Statement shall be in form and substance satisfactory to the Underwriter and the Authority and shall not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (c) Between the date hereof and the Closing Date, the market price or marketability of the 2005 Bonds at the initial offering prices set forth in the Official Statement shall not have been materially adversely affected, in the reasonable judgment of the Underwriter (evidenced by a written notice to the Authority terminating the obligation of the Underwriter to accept delivery of and pay for the 2005 Bonds), by reason of any of the following: (I) legislation introduced in or enacted (or resolution passed) by the Congress of the United States of America or recommended to the Congress by the President of the United States of America, the Department of the Treasury, the Internal Revenue Service, or any member of Congress, or favorably reported for passage to either House of Congress by any committee of such House to which such legislation had been referred for consideration or a decision rendered by a court established under Article III ofthe Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department or the Internal Revenue Service of the United States of America, with the purpose or effect, directly or indirectly, of imposing federal income taxation upon the interest as would be received by the owners of the 2005 Bonds beyond the extent to which such interest is subject to taxation as of the date hereof; (2) legislation introduced in or enacted (or resolution passed) by the Congress of the United States of America, or an order, decree or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other govemmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the 2005 Bonds, or the 2005 Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements ofthe Securities Act of 1933, as amended, or that the Fiscal Agent Agreement is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the 2005 Bonds, or of the 2005 Bonds, including any or all underwriting arrangements, as contemplated hereby or by the Official Statement or otherwise is or would be in violation of the federal securities laws as amended and then in effect; (3) a general suspension of trading in securities on the New York Stock Exchange, or a general banking moratorium declared by federal, State of New York or State officials authorized to do so; 7 TEMCH BP Ak.wpd!LRl424 (4) any amendment to the federal or State Constitution or action by any federal or State court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the Authority or the District, its property, income, securities (or interest thereon) or the validity or enforceability of the Special Tax; (5) any event occurring, or information becoming known, which, in the reasonable judgment of the Underwriter, makes untrue in any material respect any statement or information contained in the Official Statement, or results in the Official Statement containing any untrue or misleading statement of a material fact or omitting to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (6) the entry of an order by a court of competent jurisdiction which enjoins or restrains the City from issuing permits, licenses or entitlements within the District, which order, in the reasonable opinion ofthe Underwriter, materially and adversely affects proposed developments within the District in particular or the City in general; (7) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency ofthe State or a decision by any court of competent jurisdiction within the State or any court ofthe United States of America shall be rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the 2005 Bonds; (8) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to market the 2005 Bonds; or (9) the United States of America has become engaged in hostilities which have resulted in a declaration of war or a national emergency or there has occurred any other outbreak or escalation of hostilities or a national or international calamity or crisis, financial or otherwise, the effect of such outbreak, calamity or crisis on the financial markets of the United States of America, being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the 2005 Bonds. (d) On or prior to the Closing Date, the Underwriter shall have received two counterpart originals or certified copies of each of the following documents, in each case satisfactory in form and substance to the Underwriter: (I) The Procedural Resolutions and the Ordinance, together with a certificate dated as of the Closing Date ofthe Secretary ofthe Board to the effect that each is a true, correct and complete copy of the one duly adopted by the Board; (2) An executed copy of the Fiscal Agent Agreement; (3) An executed copy ofthis Bond Purchase Agreement; (4) An executed copy of the Official Statement; (5) An executed copy of the District Continuing Disclosure Agreement; 8 TEMCH BPAlc:.wpdlLR/424 (6) An executed copy of the Acquisition Agreement and Supplement No. I to Acquisition Agreement; (7) Executed copies of the Joint Community Facilities Agreement - City, the Joint Community Facilities Agreement - RCWD, the Joint Community Facilities Agreement - EMWD, and the Joint Community Facilities Agreement - Cal Trans; (8) An approving opinion, dated the Closing Date and addressed to the Authority, of Bond Counsel for the Authority, in the form attached to the Official Statement as Appendix H and a letter, dated the Closing Date and addressed to the Underwriter, to the effect that such opinion addressed to the Authority may be relied upon by the Underwriter to the same extent as if such opinion was addressed to it; (9) A supplemental opinion, dated the Closing Date and addressed to the Underwriter of Bond Counsel to the effect that (i) the 2005 Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended and the Fiscal Agent Agreement is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended; (ii) the Bond Purchase Agreement has been duly authorized, executed and delivered by the Authority, and (assuming the due authorization, execution and delivery by, and validity against, the Underwriter) is a valid and binding agreement ofthe Authority enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy, moratorium, insolvency or other laws affecting creditor's rights or remedies and is subject to general principles of equity (regardless of whether such enforceability is considered in equity or at law); (iii) the statements contained in the Official Statement on the cover page and under the captions "INTRODUCTION - Sources of Payment for the 2005 Bonds," "INTRODUCTION - Tax Exemption," "THE 2005 BONDS," "SECURITY FOR THE 2005 BONDS," "LEGAL MATTERS - Tax Exemption," APPENDIX D - "Summary of Certain Provisions of the Fiscal Agent Agreement" and APPENDIX F - "Form of Opinion of Bond Counsel" and are accurate insofar as such statements expressly summarize certain provisions of the 2005 Bonds, the Fiscal Agent Agreement and such firm's opinion concerning certain federal tax matters relating to the 2005 Bonds and (iv) the District is duly formed as a community facilities district under the Act; (10) An opinion, dated the Closing Date and addressed to the District and the Underwriter of McFarlin & Anderson LLP, Disclosure Counsel, to the effect that without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Official Statement, but on the basis of their participation in conferences with representatives of the District, Richards, Watson & Gershon ("District Counsel"), Bond Counsel, representatives of the Underwriter, representatives of Lellllar Homes, Pillsbury Winthrop LLP, as counsel to Lellllar Homes, and others, and their examination of certain documents, no information has come to their attention which would lead them to believe that the Official Statement as of its date and as of the Closing Date contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading (except that no opinion or belief need be expressed as to the information concerning the information under the captions APPENDIX B - 'Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Rate and Method of Apportionment of Special Tax," APPENDIX 0 - "Summary of Certain Provisions of Fiscal Agent Agreement," APPENDIX F - "Form of Opinion of Bond Counsel" and APPENDIX G - "Book-Entry System," any financial, statistical or economic data or forecasts, numbers, charts, tables, graphs, maps, estimates, projections, assumptions or expressions of opinion, or any information about valuation, appraisals, market absorption or environmental matters or any information about book-entry or DTC contained in the Official Statement); 9 TEMCH BPAk.wpdlLR/424 (II) An opinion, dated the Closing Date and addressed to the Underwriter, of the City Attorney, as counsel to the Authority and to the District, to the effect that: (i) of the State; The Authority is duly organized and validly existing under the Constitution and laws (ii) The District is duly organized and validly existing as a community facilities district under the laws of the State, with full legal right, power and authority to issue the 2005 Bonds and to perform all of its obligations under the 2005 Bonds and the District Documents; (iii) To the best of such counsel's knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body is pending or threatened against the Authority or the District affecting the existence of the Authority or the District or the title of their officers to their respective offices, or which would materially adversely affect the ability of the Authority to perform its obligations hereunder or under the 2005 Bonds or the District Documents or seeking to restrain or to enjoin the development of property within the District, the issuance, sale, or delivery of the 2005 Bonds or the exclusion from gross income for federal income tax purposes or State personal income taxes of interest on the 2005 Bonds, or the application of the proceeds thereof in accordance with the Fiscal Agent Agreement, or the collection or application ofthe Special Tax to pay the principal of and interest on the 2005 Bonds, or in any way contesting or affecting the validity or enforceability of the 2005 Bonds or the District Documents or any action of the Authority contemplated by any of said documents or the accuracy or completeness of the Preliminary Official Statement or the Official Statement; (iv) The Board on behalf of the District has duly and validly adopted the Procedural Resolutions and the Ordinance at meetings of the Board which were called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting at the time of adoption, and the Procedural Resolutions and the Ordinance are now in full force and effect and have not been amended; (v) To the best of such counsel's knowledge, the Authority and the District are not in breach of or in default under any applicable law or administrative rule or regulation of the State or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Authority or the District is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of the Authority or the District to perform their obligations under the Procedural Resolutions, the Ordinance, the 2005 Bonds or any District Documents or which, with the passage of time or the giving of notice or both, would constitute an event of default thereunder; (vi) The adoption of the Procedural Resolutions and the Ordinance, and the execution and delivery ofthe 2005 Bonds and the District Documents, and compliance with the provisions of each, did not and will not conflict with or constitute a breach of or default under any applicable court or administrative decree or order, or under any loan agreement, note, ordinance, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Authority or the District is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of the Authority to perform its obligations under the 2005 Bonds or any District Documents; and 10 TEMCH BPAk.wpdlLR/424 (vii) Without having undertaken to determine independently the accuracy, completeness or fairness ofthe statements contained in the Official Statement, but on the basis oftheir participation in conferences with representatives of the Authority, the District, Bond Counsel, Disclosure Counsel, representatives of the Underwriter, Lennar Homes and others, and their examination of certain documents, no information has come to their attention which would lead them to believe that the information with respect to the Authority and the District in the Official Statement, as of its date and as of the Closing Date, contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary in order to make the statements therein, in the light ofthe circumstances under which they were made, not misleading (except that no opinion or belief need be expressed as to any Appendix to the Official Statement or any other financial, statistical or economic data or forecasts, numbers, charts, graphs, estimates, projections, assumptions or expressions of opinion, or any information about valuation or appraisals, or any information about Greystone Homes, Inc., a Delaware corporation ("Greystone Homes") or Crowne Hill Reserve 28, LLC, a California limited liability company ("Crowne Hill Reserve 28, LLC") (as such terms are defined in the Official Statement) the book-entry or DTC contained in the Official Statement); (12) A Certificate, dated the Closing Date and signed by an authorized representative ofthe Authority, certifying that (i) the representations and warranties ofthe Authority contained in this Bond Purchase Agreement are true and correct in all material respects on and as of the Closing Date with the same effect as if made on the Closing Date; (ii) no event has occurred since the date of the Official Statement affecting the matters contained therein which should be disclosed in the Official Statement for the purposes for which it is to be used in order to make the statements and information contained in the Official Statement with respect to the Authority or the District not misleading in any material respect; and (iii) the Authority has complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied under the 2005 Bonds and the District Documents at or prior to the Closing Date in order to issue the 2005 Bonds; (13) A certificate of the Authority, in a form acceptable to Bond Counsel, containing the Authority's reasonable expectations in support ofthe conclusion that the 2005 Bonds are not arbitrage bonds within the meaning of Section 148 ofthe Internal Revenue Code of 1986, as amended; (14) An opinion of counsel to the Fiscal Agent, dated the Closing Date, addressed to the Underwriter, in form and substance satisfactory to the Underwriter, to the effect that: (i) The Fiscal Agent is a national banking association, organized and existing under and by virtue of the laws of the United States of America; (ii) The Fiscal Agent has duly authorized the execution and delivery of the Fiscal Agent Agreement and the District Continuing Disclosure Agreement (the "Continuing Disclosure Agreement"); (iii) The Fiscal Agent Agreement and the Continuing Disclosure Agreement have been duly entered into and delivered by the Fiscal Agent and assuming due, valid and binding authorization, execution and delivery by the other parties thereto, constitute the legal, valid and binding obligations of the Fiscal Agent enforceable against the Fiscal Agent in accordance with their terms, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights generally, or by general principles of equity; II TEMCH BPAk.wpd/LR/424 (iv) Acceptance by the Fiscal Agent ofthe duties and obligations under the Fiscal Agent Agreement, and the Continuing Disclosure Agreement and compliance with provisions thereof will not conflict with or constitute a breach of or default under any law or administrative regulation, court decree, resolution, charter, by-laws, agreement, instrument or commitment to which the Fiscal Agent is subject; (v) All approvals, consents and orders of any governmental authority or agency having jurisdiction in the matter which would constitute a condition precedent to the performance by the Fiscal Agent of its duties and obligations under the Fiscal Agent Agreement and the Continuing Disclosure Agreement have been obtained and are in full force and effect; (vi) To such counsel's knowledge, there is no litigation pending or threatened against or affecting the Fiscal Agent to restrain or enjoin the Fiscal Agent's participation in, or in any way contesting the powers ofthe Fiscal Agent with respect to the transactions contemplated by the 2005 Bonds or the Fiscal Agent Agreement; and (vii) To such counsel's knowledge, there is no litigation pending or threatened against or affecting the Fiscal Agent to restrain or enjoin the Fiscal Agent's participation in, or in any way contesting the powers of the Fiscal Agent with respect to the transactions contemplated by the 2005 Bonds, or the Fiscal Agent Agreement; (15) A certificate of the Fiscal Agent, dated the Closing Date, in form and substance acceptable to counsel for the Underwriter, to the following effect: (i) The Fiscal Agent is a national banking association, and is organized and existing under and by virtue of the laws of the United States of America, and has the full power and authority to accept and perform its duties under the Fiscal Agent Agreement and the Continuing Disclosure Agreement; (ii) Subject to the provisions of the fiscal Agent Agreement, the Fiscal Agent will apply the proceeds from the 2005 Bonds to the purposes specified in the Fiscal Agent Agreement; (iii) The 2005 Bonds have been duly and validly authenticated on behalf of Fiscal Agent; (iv) No consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Fiscal Agent that has not been obtained is or will be required for the authentication of the 2005 Bonds or the consummation by the Fiscal Agent of the other transactions contemplated to be performed by the Fiscal Agent in connection with the authentication ofthe 2005 Bonds and the acceptance and performance of the obligations created by the Fiscal Agent Agreement; (v) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of its knowledge, threatened in any way affecting the existence ofthe Fiscal Agent, or seeking to restrain or to enjoin the execution and delivery ofthe Fiscal Agent Agreement or the Continuing Disclosure Agreement, or the authentication of the 2005 Bonds, by the Fiscal Agent, or in any way contesting or affecting the validity or enforceability, as against the Fiscal Agent, ofthe Fiscal Agent Agreement or the Continuing Disclosure Agreement or any action of the Fiscal Agent contemplated by any of said documents, or in which an adverse outcome would materially and adversely affect the ability of the Fiscal Agent to perform its obligations under the Fiscal Agent Agreement or the Continuing Disclosure Agreement; 12 TEMCH BPAk.wpdlLR/424 (vi) The Fiscal Agent is not in breach of or in default under any applicable law or administrative rule or regulation of the State or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Fiscal Agent is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability ofthe Fiscal Agent to perform its obligations under the Fiscal Agent Agreement or the Continuing Disclosure Agreement; and (vii) The authentication of the 2005 Bonds, and the execution and delivery of the Fiscal Agent Agreement and the Continuing Disclosure Agreement by the Fiscal Agent, and compliance with the provisions of each, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, ordinance, resolution, indenture, fiscal agent agreement, contract, agreement or other instrument to which the Fiscal Agent is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of the Fiscal Agent to perform its obligations under the Fiscal Agent Agreement or the Continuing Disclosure Agreement; (16) A certificate from Canty Engineering Group, Inc. to the effect that (i) if the Special Tax is levied in accordance with the terms as set forth in the Rate and Method of Apportionment of Special Tax of the District and collected, the amount of the levy will be sufficient to make timely payments of debt service and estimated annual administrative expenses on the 2005 Bonds, provided that, acreage and number of units supplied by the District, by Lennar Homes, or by any oftheir agents, which has been relied upon by Canty Engineering Group, Inc. is true and correct (no representation need be made as to the actual amounts that will be collected in future years), (ii) the amount of the maximum Special Taxes that may be levied in each Fiscal Year is at least 110% of the annual debt service for the 2005 Bonds for each such Fiscal Year, assuming that the net taxable acreage and projected development figures provided to Canty Engineering Group, Inc. by Lennar Homes are true and correct, (iii) the description of the Rate and Method of Apportionment of the Special Taxes contained in the section captioned "SECURITY FOR THE BONDS- Special Taxes," and in Appendix B is correctly presented in all material respects and (iv) that, as of the dates of the Preliminary Official Statement and the Official Statement the information contained in those portions of the Official Statement entitled "INTRODUCTION - The Community Facilities District," "INTRODUCTION - Sources of Payment for the 2005 Bonds," "SECURITY FOR THE BONDS - Special Taxes," "SECURITY FOR THE 2005 BONDS - Rate and Method," "THE COMMUNITY FACILITIES DISTRICT - Estimated Special Tax Allocation by Property Ownership," "THE COMMUNITY FACILITIES DISTRICT - Direct and Overlapping Debt," "THE COMMUNITY FACILITIES DISTRICT - Overlapping Assessment and Community Facilities Districts," "THE COMMUNITY FACILITIES DISTRICT - Other Overlapping Direct Assessments," "THE COMMUNITY FACILITIES DISTRICT - ," "BONDOWNERS' RISKS - Levy and Collection of the Special Tax," "BONDOWNERS' RISKS - Exempt Properties," and in the Tables of the Official Statement captioned "Table 3 - Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Owners of Taxable Property as of May 15, 2005 and Estimated Allocation of Special Tax Liability Fiscal Year 2005-06," "Table 4 - Temecula Public Financing Authority Community Facilities District No.03-1 (Crowne Hill) Projected Fiscal Year 2005-06 Special Tax Levy By Zone and RMA Property Classification," "Table 5 - Historical Delinquency Information," "Table 6 - Ternecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Detailed Direct and Overlapping Debt" and "Appendix B" and the other data provided by the Special Tax Consultant and included in the Official Statement, do not, to 13 TEMCH BPAk.wpdlLR/424 my knowledge, contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading; (17) A certificate of Stephen G. White, MAl to the effect that (i) he is an authorized principal of Stephen G. White, MAl (the "Appraiser") and as such is familiar with the facts herein certified and is authorized and qualified to certify the same; (ii) the Appraiser has prepared an appraisal report dated June 1,2005 (the "Appraisal Report"), on behalf of the Temecula Public Financing Authority and in connection with the Official Statement dated August [4], 2005 ("Official Statement"), for Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill); (iii) the Appraiser hereby consents to the reproduction and use of the Appraisal Report appended to the Preliminary Official Statement and the Official Statement. The Appraiser also consents to the references to the Appraiser and the Appraisal made in the Preliminary Official Statement and the Official Statement; (iv) in the opinion ofthe Appraiser the assumptions made in the Appraisal Report are reasonable; (v) the Official Statement has been reviewed on behalf ofthe Appraiser and to the best knowledge ofthe Appraiser the statements concerning the Appraisal Report and the value ofthe property contained under the captions "INTRODUCTION - Appraisal," "INTRODUCTION - Professionals Involved in the Offering," "THE COMMUNITY FACILITIES DISTRICT - Appraised Property and Assessed Market Value," "BONDOWNERS' RISKS - Failure to Develop Properties," "BONDOWNERS' RISKS - Appraised Values; Assessed Value-to-Lien Ratios," "BONDOWNERS' RISKS - Hazardous Substances" and APPENDIX C - "Summary Appraisal Report" are true, correct and complete in all material respects and do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light ofthe circumstances under which they were made, not misleading; (vi) each of the parcels appraised by the Appraiser is encompassed within the Community Facilities District as set forth in the boundary map of the Community Facilities District; (vii) as of the date of this Certificate, the conclusions set forth in the Appraisal Report included as Appendix C to the Official Statement are confirmed; (viii) as of the date of the Official Statement and as of the date hereof, the Appraisal Report appended to the Official Statement, to the best of my knowledge and belief, and subject to all of the Limiting Conditions and Major Assumptions set forth in the Appraisal Report, does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading, and no events or occurrences have been ascertained by us or have come to our attention that would substantially change the estimated values stated in the Appraisal Report. However, the Appraiser has not performed any procedures since the date of the Appraisal Report to obtain knowledge of such events or occurrences nor are we obligated to do so in the future; and (ix) the Community Facilities District and the Underwriter are entitled to rely on this Certificate. (18) A conformed or certified copy of the Notice of Special Tax Lien recorded on April 4, 2003 as Document No. 2003-238653, with the County Recorder and a conformed or certified copy of the First Amended Notice of Special Tax Lien recorded on May 19, 2003 as Document No. 2003-358388, with the County Recorder; (19) Certified copies of proceedings relating to formation of the District, including a copy of the Procedural Resolutions and Ordinance No. TPFA 03-01 (Crowne Hill), adopted on April 8, 2003 levying the special taxes in accordance with the Rate and Method of Apportionment of Special Taxes; (20) Evidence that the federal tax information Form 8038-G has been prepared for filing; 14 TEMCH BPAk.wpdlLR/424 (21) Copies of filings with the California Debt and Investment Advisory Commission relating to the issuance of the 2005 Bonds; (22) A certificate in form and substance acceptable to the Underwriter and the Authority of Crowne Hill Reserve 28, LLC, a California limited liability company; and (23) Such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the Closing Date, ofthe statements and information contained in the Preliminary Official Statement and the Official Statement, of the Authority's representations and warranties contained herein and the due performance or satisfaction by the Authority at or prior to the Closing Date of all agreements then to be performed and all conditions then to be satisfied by the Authority in connection with the transactions contemplated hereby and by the Procedural Resolutions and the Official Statement. (e) At the time of the Closing, no default shall have occurred or be existing under this Purchase Agreement, the Fiscal Agent Agreement or the District Documents and the Authority and the District shall not be in default in the payment of principal or interest on any of its bonded indebtedness which default shall adversely impact the ability of the Authority or the District to make payment on the 2005 Bonds. (f) If the Authority shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, accept delivery of and pay for the 2005 Bonds contained in this Bond Purchase Agreement, or if the obligations of the Underwriter to purchase, accept delivery of and pay for the 2005 Bonds shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement shall terminate and neither the Underwriternor the Authority shall be under any further obligation hereunder, except that the respective obligations of the Authority and the Underwriter set forth and Section 4 hereof shall continue in full force and effect. 4. Exoenses. Whether or not the 2005 Bonds are delivered to the Underwriter as set forth herein: (a) The Underwriter shall be underno obligation to pay, and the Authority shall payor cause to be paid (out of any legally available funds of the Authority relating to the District) all expenses incident to the performance of the Authority's and the District's obligations hereunder, including, but not limited to, the cost of printing and delivering the 2005 Bonds to the Underwriter, the cost of preparation, printing (and/or word processing and reproduction), distribution and delivery of the Fiscal Agent Agreement, the Procedural Resolutions, the Ordinance, the Preliminary Official Statement, the Official Statement and all other agreements and documents contemplated hereby (and drafts of any thereof) in such reasonable quantities as requested by the Underwriter; the fees and expenses in connection with obtaining a delinquency report and statement of direct and overlapping bonded debt from Canty Engineering Group, Inc.; and the fees and disbursements of the Fiscal Agent for the 2005 Bonds, Bond Counsel, Disclosure Counsel and any market absorption consultants, accountants, financial advisors, engineers or any other experts or consultants the Authority has retained in connection with the 2005 Bonds and any out-of-pocket disbursements of the Authority to be paid from the proceeds of the 2005 Bonds; and (b) The Authority shall be under no obligation to pay, and the Underwriter shall pay, the cost of preparation of any "Blue Sky" or legal investment memoranda; expenses to qualify the 2005 Bonds for sale under any "Blue Sky" or other State securities laws, the fees, if any, payable to the California Debt and Investment Advisory Commission on account ofthe 2005 Bonds; CUSIP" Service Bureau fees; and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the 15 TEMCH BPAk.wpdfLRJ424 2005 Bonds (except those specifically enumerated in paragraph (a) ofthis Section), including any advertising expenses. 5. Notices. Any notice or other communication to be given to the Authority under this Bond Purchase Agreement may be given by delivering the same in writing to the Ternecula Public Financing Authority, 43200 Business Park Drive, Ternecula, California 92590 Attention: Director of Finance; and any notice or other communication to be given to the Underwriter under this Bond Purchase Agreement may be given by delivering the same in writing to Stone & Youngberg LLC, 515 South Figueroa Street, Suite 1060, Los Angeles, California 90071, Attention: Municipal Finance Department; provided. however, that all such notices, requests or other communications may be made by telephone and promptly confirmed by writing. The Authority and the Underwriter may, by notice given as aforesaid, specify a different address for any such notices, request or other communications. 6. Parties in Interest. This Bond Purchase Agreement is made solely for the benefit of the Authority and the Underwriter (including their successors or assigns), and no other person shall acquire or have any right hereunder or by virtue hereof. 7. Survival of Representations and Warranties. The representations and warranties of the Authority set forth in or made pursuant to this Bond Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the Closing or termination of this Bond Purchase Agreement and regardless of any investigations made by or on behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the Authority and regardless of delivery of and payment for the 2005 Bonds. 8. Effective. This Bond Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the Authority and shall be valid and enforceable as of the time of such acceptance. 9. Applicable Law: Nonassignabilitv. This Bond Purchase Agreement shall be governed by the laws ofthe State. This Bond Purchase Agreement shall not be assigned by the Authority or the Underwriter. 10. Execution of Counterparts. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same. 11. No Prior AlITeements. This Bond Purchase Agreement supersedes and replaces all prior negotiations, agreements and understandings between the parties hereto in relation to the sale of 2005 Bonds by the Authority and represents the entire agreement of the parties as to the subject matter herein. 12. Partial Unenforceabilitv. Any provision of this Bond Purchase Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Bond Purchase Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. [REMAINDER OF PAGE INTENTION ALL Y LEFT BLANK] 16 TEMCH BPAk.wpd/LR/424 13. Capitalized Terms. Terms with initial capital letters not otherwise defined herein shall have the meanings assigned to them in the Fiscal Agent Agreement or the Official Statement. Very truly yours, STONE & YOUNGBERG LLC By: Managing Director Accepted: August [4],2005 TEMECULA PUBLIC FINANCING AUTHORITY FOR AND ON BEHALF OF THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-] (CROWNE HILL) By: 17 TEMCH BPAk.wpdlLR/424 Maturity Date (September I) Serial Bonds: 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Term Bonds: 20XX 20XX Total Issue $ EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B MATURITY SCHEDULE Principal Amount Interest . Rate Yield Price $ % % % The purchase price of the 2005 Bonds shall be $ (which is the principal amount thereof$ , less a net original issue discount of$ , and less the Underwriter's discount of $ ). In addition, no accrued interest will be paid with respect to the 2005 Bonds because the 2005 Bonds are dated the closing date. A-I TEMCH BPAk.wpdlLRJ424 July [27], 2005 Stone & Youngberg LLC 515 South Figueroa Street, Suite 1060 Los Angeles, California 90071 Re: Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds. Series 200S-B Ladies and Gentlemen: In connection with the proposed sale to you of Temecula Public Financing Authority (the "Authority") Community Facilities DistrictNo. 03-1 (Crowne Hill) (the "District") Special Tax Bonds, Series 2005-B (the "2005 Bonds"), the Authority has delivered to you a Preliminary Official Statement, dated July [27],2005, relating to the 2005 Bonds (the "Preliminary Official Statement"). The Authority, for purposes of compliance with Rule 15c2-12 of the Securities and Exchange Commission, deems the Preliminary Official Statement to be final as of its date, except for the omission of no more than the following information: the offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, dates of mandatory sinking fund payments, delivery dates, and any other terms of the 2005 Bonds relating to such matters. Very truly yours, TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) By: Shawn Nelson, acting on behalf of Temecula Public Financing Authority for the District TEMCH BPAk.wpdlLR/424 TEMECULA PUBLIC FINANCING AUTHORITY CFD 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B DISTRICT CONTINUING DISCLOSURE AGREEMENT APPENDIX F FORM OF DISTRICT CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT (the "Disclosure Agreement") is executed and entered into as of August I, 2005, by and between U.S. Bank National Association, a national banking association organized and existing under and by virtue of the laws of the United States of America (the "Bank"), in its capacity as Dissemination Agent (the "Dissemination Agent") and in its capacity as fiscal agent (the "Fiscal Agent"), and the Temecula Public Financing Authority, a joint exercise of powers authority organized and existing under and by virtue of the Constitution and of the laws of the State of Cali fomi a (the "Authority"), for and on behalf of the Temecula Public Financing Authority Community Facilities District No. 03-1 (the "District"); WITNESSETH: WHEREAS, pursuant to the Fiscal Agent Agreement, dated as ofJune 1,2003 (the "Original Fiscal Agent Agreement"), by and between the Authority, for and on behalf of the District, and the Fiscal Agent, as supplemented by the First Supplemental Fiscal Agent Agreement, dated as of August I, 2005, by and between the Authority and the Fiscal Agent (the "First Supplemental Fiscal Agent Agreement" and together with the Original Fiscal Agent Agreement, the "Fiscal Agent Agreement"), the Authority has issued its Special Tax Bonds, Series 2005-B in the aggregate principal amount of$ (the "2005 Bonds"); and WHEREAS, this Disclosure Agreement is being executed and delivered by the Authority and the Fiscal Agent for the benefit of the owners and beneficial owners of the 2005 Bonds and in order to assist the underwriter of the 2005 Bonds in complying with Securities and Exchange Commission Rule 15c2-12(b )(5); NOW, THEREFORE, for and in consideration of the mutual premises and covenants herein contained, the parties hereto agree as follows: Section I. Definitions. Capitalized undefined terms used herein shall have the meanings ascribed thereto in the Fiscal Agent Agreement. In addition, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Authority pursuant to, and described in, Sections 2 and 3 of this Disclosure Agreement. "Annual Report Date" shall mean the date in each year that is eight months after the end of the Authority's fiscal year, which date, as of the date ofthis Disclosure Agreement, is March 1. "Disclosure Representative" shall mean the Finance Director of the City ofTernecula, as Treasurer of the Authority, or his or her designee, or such other office or employee as the Authority shall designate in writing to the Fiscal Agent from time to time. "Dissemination Agent" shall mean U.S. Bank National Association, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the Authority and which has filed with the Fiscal Agent a written acceptance of such designation. "Listed Events" shall mean any of the events listed in Section 4(a) of this Disclosure Agreement. F-I "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Information on the National Repositories as of a particular date is available on the Internet at www.sec.gov/info/municipal/nrmsir.htm. "Official Statement" shall mean the Official Statement, dated August [4], 2005, relating to the 2005 Bonds. "Participating Underwriter" shall mean Stone & Youngberg LLC. "Repository" shall mean each National Repository and each State Repository. "Rule" shall mean Rule l5c2-l2(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State Repository" shall mean any public or private repository or entity designated by the State of California as a State Repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Disclosure Agreement, there is no State Repository. Section 2. Provision of Annual Reports. (a) The Authority shall, or, upon furnishing the Annual Report to the Dissemination Agent, shall cause the Dissemination Agent to, provide to each Repository, to the Fiscal Agent and to the Participating Underwritef an Annual Report which is consistent with the requirements of Section 3 of this Disclosure Agreement, not later than the Annual Report Date, commencing with the report for the 2005-06 Fiscal Year. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by refefence other information as provided in Section 3 of this Disclosure Agreement; provided, however, that the audited financial statements of the Authority, if any, may be submitted sepafately from the balance of the Annual Report, and later than the date fequired above for the filing of the Annual Report if not available by that date. If the Authority's fiscal year changes, it shall give notice of such change in the same manner as fOf a Listed Event under Section 4(f). (b) Not later than fifteen (15) business days prior to the date specified in subsection (a) for providing the Annual Report to Repositories, the Authority shall provide the Annual Report (in a form suitable for reporting to the Repositories) to the Dissemination Agent, the Fiscal Agent (if the Fiscal Agent is not the Dissemination Agent) and the Participating Underwriter. Ifby such date, the Fiscal Agent has not received a copy of the Annual Report, the Fiscal Agent shall contact the Disclosure Representative and the Dissemination Agent to inquire if the Authority is in compliance with the first sentence of this subsection (b). The Authority shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report fequired to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the Authority and shall have no duty or obligation to review such Annual Report. (c) If the Fiscal Agent is unable to verifY that an Annual Report has been provided to Repositories by the date required in subsection (a), the Fiscal Agent shall send a notice to the Repositories and the appropriate State Repository, if any, in substantially the form attached as Exhibit A. (d) The Dissemination Agent shall: F-2 (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and each State Repository, if any; and (ii) file a report with the Authority, the Participating Underwriter and (if the Dissemination Agent is not the Fiscal Agent) the Fiscal Agent certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided and listing all the Repositories to which it was provided. Section 3. Content of Annual Reports. The Authority's Annual Report shall contain or incorporate by reference the following: (a) The Authority's audited financial statements, if any, prepared in accordance with generally accepted accounting principles as promulgated to apply to government entities from time to time by the Govenunental Accounting Standards Board. If the Authority's audited financial statements, if any, are not available by the time the Annual Report is required to be filed pursuant to Section 2(a), the Annual Report shall contain unaudited financial statements in a format similar to that used for the Authority's audited financial statements, and the audited financial statements, ifany, shall be filed in the same manner as the Annual Report when they become available. If the Authority's audited financial statements, if any, or unaudited financial statements are already filed, the Annual Report may reference that such financial statements are on file with the Repositories. (b) The following information: (i) The principal amount of2005 Bonds, and parity bonds, if any, outstanding as of September 30 next preceding the date of the Annual Report Date. (ii) The balance in the Reserve Fund, if any, and a statement of the Reserve Requirement as of the September 30 next preceding the Annual Report Date and the balance in the other funds and accounts held under the Fiscal Agent Agreement. (iii) Information regarding the amount of the annual special taxes levied in the District by Rate and Method of Apportionment of Special Tax land use categories, the names of the owners of property responsible for more than 5% of the Special Tax levy and the amount of Special Tax owed, as shown on such assessment roll of the Riverside County Assessor last equalized prior to the September 30 next preceding the Annual Report Date. (iv) The total assessed value of all parcels within the District on which the Special Taxes are levied, as shown on the assessment roll ofthe Riverside County Assessor last equalized prior to the September 30 next preceding the Annual Report Date, and a statement of assessed value for the property in the District by Rate and Method of Apportionment of Special Tax land use categories. (v) The Special Tax delinquency rate for all parcels within the District on which the Special Taxes are levied, as shown on the assessment roll of the Riverside County Assessor last equalized prior to the September 30 next F-3 preceding the Annual Report Date, the number of parcels within the District on which the Special Taxes are levied and which are delinquent in payment of Special Taxes based on parcels, as shown on the assessment roll on the Riverside County Assessor last equalized prior to the September 30 next preceding the Annual Report Date, the amount of each delinquency, the length of time delinquent and the date on which foreclosure was commenced, or similar information pertaining to delinquencies deemed appropriate by the District;provided, however, that parcels with aggregate delinquencies of$5,000 or less (excluding penalties and interest) may be grouped together and such information may be provided by category. (vi) The status of foreclosure proceedings for any parcels within the District on which the Special Taxes are levied and a summary ofthe results of any foreclosure sales as ofthe September 30 next preceding the Annual Report Date. (vii) The identity of any property owner representing more than five percent (5%) ofthe annual Special Tax levy who is delinquent in payment of such Special Taxes, as shown on such assessment roll of the Riverside County Assessor last equalized prior to the September 30 next preceding the Annual Report Date. (viii) A summary of (a) zoning changes, if any, approved by the City of Temecula (the "City") for property subject to the Special Tax in the District and (b) building permits issued by the City for property subject to the Special Tax in the District. (c) In addition to any of the information expressly required to be provided under paragraphs (a) and (b) ofthis Section, the Authority shall provide such further information, if any, as may be necessary to make the required statements, in the light of the circumstances under which they are made, not misleading. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Authority or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. The Community Facilities District shall clearly identify each such other document so included by reference. The Semi-Annual Report may be provided in electronic format to each Repository and the Participating Underwriter and may be provided through the services of a "central post office" approved by the Securities and Exchange Commission. For example, any filing under this Disclosure Agreement may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at htto://www.disclosureusa.org unless the United States Securities and Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7, 2004. A form of information cover sheet for municipal secondary market disclosure recommended by the Municipal Securities Rulemaking Board is attached as Exhibit B. F-4 Section 4. Reporting of Significant Events. (a) Pursuant to the provisions ofthis Section 4, the Authority shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the 2005 Bonds, if material: (i) Principal and interest payment delinquencies; (ii) Non-payment related defaults; (iii) Unscheduled draws on debt servIce reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions or events affecting the tax-exempt status of the security; (vii) Modifications to rights of security holders; (viii) Contingent or unscheduled bond calls; (ix) Defeasances; (x) Release, substitution, or sale of property securing repayment of the securities; (xi) Rating changes; and (xii) Receipt by the Authority of notice that a credit on liquidity facility will not be renewed, replaced or extended. (b) The Fiscal Agent shall, within five (5) business days of obtaining actual knowledge of the occurrence of any of the Listed Events, contact the Disclosure Representative, inform such person of the event, and request that the Authority promptly notify the Dissemination Agent in writing whether or not to report the event pursuant to subsection (f), provided, however, that the Dissemination Agent shall have no liability to Bond Owners for any failure to provide such notice. For purposes of this Disclosure Agreement, "actual knowledge" of the occurrence of the Listed Events described under clauses (ii), (iii), (vi), (x) and (xi) above shall mean actual knowledge by an officer at the corporate trust office ofthe Fiscal Agent. The Fiscal Agent shall have no responsibility for determining the materiality of any of the Listed Events. (c) Whenever the Authority obtains knowledge of the occurrence of a Listed Event, whether because of a notice from the Fiscal Agent pursuant to subsection (b) or otherwise, the Authority shall as soon as possible determine if such event would be material under applicable federal securities law. F-5 (d) If the Authority determines that knowledge of the occurrence of a Listed Event would be material under applicable federal securities law, the Authority shall promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to subsection (t). The Authority shall provide the Dissemination Agent with a form of notice of such event in a format suitable for reporting to the Municipal Securities Rulernaking Board and each State Repository, if any. (e) If in response to a request under subsection (b), the Authority determines that the Listed Event would not be material under applicable federal securities law, the Authority shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence pursuant to subsection (t). (t) If the Dissemination Agent has been instructed by the Authority to report the occurrence of a Listed Event, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities Rulernaking Board and each State Repository and shall provide a copy of such notice to each Participating Underwriter. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(viii) and (ix) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to owners of affected 2005 Bonds pursuant to the Fiscal Agent Agreement. Section 5. Termination of Reoorting Obligation. All of the Authority's obligations under this Disclosure Agreement shall terminate upon the earliest to occur of (i) the legal defeasance of the 2005 Bonds, (ii) prior redemption of the 2005 Bonds or (iii) payment in full of all the 2005 Bonds. Ifsuch determination occurs prior to the final maturity of the 2005 Bonds, the Authority shall give notice of such termination in the same manner as for a Listed Event under Section 4(t). Section 6. Dissemination Agent. The Authority may, from time to time, appoint or engage a Dissemination Agent to assist in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be U.S. Bank National Association The Dissemination Agent may resign by providing forty-five (45) days' written notice to the Authority and the Fiscal Agent (ifthe Fiscal Agent is not the Dissemination Agent). The Dissemination Agent shall have no duty to prepare the Annual Report nor shall the Dissemination Agent be responsible for filing any Annual Report not provided to it by the Authority in a timely manner and in a form suitable for filing. If at any time there is not any other designated Dissemination Agent, the Fiscal Agent shall be the Dissemination Agent. Section 7. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Agreement, the Authority, the Fiscal Agent and the Dissemination Agent may amend this Disclosure Agreement (and the Fiscal Agent and the Dissemination Agent shall agree to any amendment so requested by the Authority, so long as such amendment does not adversely affect the rights or obligations of the Fiscal Agent or the Dissemination Agent), and any provision of this Disclosure Agreement may be waived, provided that the following conditions are satisfied: (a) if the amendment or waiverrelates to the provisions of Sections 2(a), 3 or4(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the 2005 Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at F-6 the time of the primary offering of the 2005 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the proposed amendment or waiver either (i) is approved by owners ofa majority of the owners of the 2005 Bonds affected thereby in the manner provided in the Fiscal Agent Agreement for amendments to the Fiscal Agent Agreement with the consent of owners or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the owners or beneficial owners of the 2005 Bonds. If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first annual [ffiancial information containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. If an amendment is made to the undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information in order to provide information to investors to enable them to evaluate the ability of the Authority to meet its obligations, including its obligation to pay debt service on the 2005 Bonds. To the extent reasonably feasible, the comparison shall be quantitative. A notice of the change in the accounting principles shall be sent to the Repositories in the same manner as for a Listed Event under Section 4(f). Section 8. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Authority from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Agreement. If the Authority chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Agreement, the Authority shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 9. Default. In the event of a failure ofthe Authority, the Dissemination Agent or the Fiscal Agent to comply with any provision of this Disclosure Agreement, the Fiscal Agent may (and, at the written direction of any Participating Underwriter or the owners of at least 25% aggregate principal amount of Outstanding 2005 Bonds, shall, upon receipt ofindemnification reasonably satisfactory to the Fiscal Agent), or any owner or beneficial owner of the 2005 Bonds may, take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Authority, the Dissemination Agent or the Fiscal Agent, as the case may be, to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Fiscal Agent Agreement, and the sole remedy under this Disclosure Agreement in the event of any failure of the Authority, the Dissemination Agent or the Fiscal Agent to comply with this Disclosure Agreement shall be an action to compel performance. Section 10. Duties. Immunities and Liabilities of Fiscal Agent and Dissemination Agent. Section 7.0 I and Section 7.02 of the Fiscal Agent Agreement are hereby made applicable to this Disclosure F-7 Agreement as if this Disclosure Agreement were (solely for this purpose) contained in the Fiscal Agent Agreement, and the Fiscal Agent and the Dissemination Agent shall be entitled to the protections, limitations from liability and indemnities afforded to the Fiscal Agent thereunder. The Dissemination Agent and the Fiscal Agent shall have only such duties hereunder as are specifically set forth in this Disclosure Agreement. This Disclosure Agreement does not apply to any other securities issued or to be issued by the Authority. The Dissemination Agent shall have no obligation to make any disclosure concerning the 2005 Bonds, the Authority or any other matter except as expressly set out herein, provided that no provision of this Disclosure Agreement shall limit the duties or obligations of the Fiscal Agent under the Fiscal Agent Agreement. The Dissemination Agent shall have no responsibility for the preparation, review, form or content of any Annual Report or any notice ofa Listed Event. The fact that the Fiscal Agent has or may have any banking, fiduciary or other relationship with the Community Facilities District or any other party, apart from the relationship created by the Fiscal Agent Agreement and this Disclosure Agreement, shall not be construed to mean that the Fiscal Agent has knowledge or notice of any event or condition relating to the 2005 Bonds or the Community Facilities District except in its respective capacities under such agreements. No provision ofthis Disclosure Agreement shall require or be construed to require the Dissemination Agent to interpret or provide an opinion concerning any information disclosed hereunder. Information disclosed hereunder by the Dissemination Agent may contain such disclaimer language concerning the Dissemination Agent's responsibilities hereunder with respect thereto as the Dissemination Agent may deem appropriate. The Dissemination Agent may conclusively rely on the determination of the Community Facilities District as to the materiality of any event for purposes of Section 4 hereof. Neither the Fiscal Agent nor the Dissemination Agent make any representation as to the sufficiency of this Disclosure Agreement for purposes of the Rule. The Dissemination Agent shall be paid compensation by the Community Facilities District for its services provided hereunder in accordance with its schedule of fees, as amended from time to time, and all expenses, legal fees and advances made or incurred by the Dissemination in the performance of its duties hereunder. The Community Facilities District's obligations under this Section 10 shall survive the termination of this Disclosure Agreement. Section II. Beneficiaries. The Participating Underwriter and the owners and beneficial owners from time to time of the 2005 Bonds shall be third party beneficiaries under this Disclosure Agreement. This Disclosure Agreement shall inure solely to the benefit of the Community Facilities District, the Fiscal Agent, the Dissemination Agent, the Participating Underwriter and owners and beneficial owners from time to time of the 2005 Bonds, and shall create no rights in any other person or entity. Section 12. Notices. Any notice or communications herein required or permitted to be given to the Authority, the Fiscal Agent or the Dissemination Agent shall be in writing and shall be deemed to have been sufficiently given or served for all purposes by being delivered or sent by telecopy or by being deposited, postage prepaid, in a post office letter box, to the addresses set forth below, or to such other address as may be provided to the other parties hereinafter listed in writing from time to time, namely: If to the Authority: Temecula Public Financing Authority 43200 Business Park Drive Temecula, California 92590 Attention: Director of Finance Telephone: 951/694-6430 Telecopier: 951/694-6479 F-8 If to the Community Facilities District: If to the Dissemination Agent: Ifto the Fiscal Agent: If to the Participating Underwriter: Community Facilities District No. 03-1 43200 Business Park Drive Temecula, California 92590 Attention: Director of Finance Telephone: 951/694-6430 Telecopier: 951/694-6479 U.S. Bank National Association 633 West Fifth Street, 24'" Floor Los Angeles, California 90071 Telephone: 2\3/615-6005 Telecopier: 213/615-6199 U.S. Bank National Association 633 West Fifth Street, 24'" Floor Los Angeles, California 90071 Telephone: 213/615-6005 Telecopier: 213/615-6199 Stone & Youngberg LLC One Ferry Building San Francisco, California 94111 Telephone: 415/445-2300 Attention: Municipal Research Department Section \3. Future Determination of Obligated Persons. In the event the Securities Exchange Commission amends, clarifies or supplements the Rule in such a manner that requires any landowner within the Authority to be an obligated person as defmed in the Rule, nothing contained herein shall be construed to require the Authority to meet the continuing disclosure requirements of the Rule with respect to such obligated person and nothing in this Disclosure Agreement shall be deemed to obligate the Authority to disclose information concerning any owner of land within the Authority except as required as part of the information required to be disclosed by the Authority pursuant to Section 4 and Section 5 hereof. Section 14. Severability. In case anyone or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or uoenforceability shall not affect any other provision hereof. Section 15. State of California Law Governs. The validity, interpretation and performance ofthis Purchase Agreement shall be governed by the laws of the State of California. Section 16. Countemarts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 17. Merger. Any person succeeding to all or substantially all ofthe Dissemination Agent's corporate trust business shall be the successor Dissemination Agent without the filing of any paper or any further act. F-9 IN WITNESS WHEREOF, the parties hereto have executed this Disclosure Agreement as of the date first above written. TEMECULA PUBLIC FINANCING AUTHORITY, FOR AND ON BEHALF OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) By: Authorized Officer U.S. BANK NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer U.S. BANK NATIONAL ASSOCIATION, as Dissemination Agent By: Authorized Officer F-IO EXHIBIT A NOTICE TO MUNICIPAL SECURITIES RULEMAKING BOARD OF FAILURE TO FILE SEMI-ANNUAL REPORT Name ofIssuer: Temecula Public Financing Authority, for and on behalf of Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Name of Bond Issue: Temecula Public Financing Authority Community Facilities District No. 03- I (Crowne Hill) Special Tax Bonds, Series 2005-B Date ofIssuance: August _, 2005 NOTICE IS HEREBY GIVEN thatthe Temecula Public Financing Authority (the "Authority") has not provided an Annual Report with respect to the above-named 2005 Bonds as required by the Continuing Disclosure Agreement, dated as of August 1,2005, by and between the U.S. Bank National Association, in its capacity as Fiscal Agent, and in its capacity as Dissemination Agent, and the Authority. [The Authority anticipates that the Annual Report will be filed by .J Dated: U.S. Bank National Association, as Fiscal Agent, on behalf of the Temecula Public Financing Authority Authorized Officer cc: Temecula Public Financing Authority Stone & Youngberg LLC F-II EXHIBIT B Municipal Secondary Market Disclosure Information Cover Sheet This cover sheet should be sent with all submissions made to the Municipal Securities Rulemaking Board, Nationally Recognized Municipal Securities Information Repositories, and any applicable State Information Depository, whether the filing is voluntary or made pursuant to Securities and Exchange Commission Rule 15c2-12 or any analogous state statute. See www.sec.gov/info/municipal/nrmsir.htm for list of current NRMSIRs and SlDs IF THIS FILING RELATES TO A SINGLE BOND ISSUE: Provide name of bond issue exactly as it appears on the cover ofthe Official Statement (please include name of state where Issuer is located): [INSERT ISSUE NAME, INCLUDING $ AMOUNT] Provide nine-digit CUSIP@' numbers if available, to which the information relates: [INSERT CUSIP@NUMBERS] IF THIS FILING RELATES TO ALL SECURITIES ISSUED BY THE ISSUER OR ALL SECURITIES OF A SPECIFIC CREDIT OR ISSUED UNDER A SINGLE INDENTURE: Issuer's Name (please include name of state where Issuer is located): Other Obligated Person's Name (if any): (Exactly as it appears on the Official Statement Cover) Provide six-digit CUSIp.' number(s), if available, ofIssuer: "'(Contact CUSIP@'sMunicipaIDisclosureAssistanceLineat 212.438.6518 for assistance with obtaining the proper CUSlpltl numbers.) F-12 TYPE OF FILING: o Electronic (number of pages attached) o Paper (number of pages attached) If information is also available on the Internet, give URL: WHAT TYPE OF INFORMATION ARE YOU PROVIDING? (Check all that apply) A. 0 Annual Financial Information and Operating Data pursuant to Rule 15c2-12 (Financial infonnation and operating data should not be filed with the MSRB.) Fiscal Period Covered: B. 0 Audited Financial Statements or CAFR pursuant to Rule 15c2-12 Fiscal Period Covered: C. 0 I. 2. 3. 4. 5. Notice of a Material Event pursuant to Rule 15c2-12 (Check as appropriate) o Principal and interest payment delinquencies 6. o Adverse tax opinions or events affecting the tax- exempt status of the security o Modifications to the rights of security holders o Bond calls o Non-payment related defaults o Unscheduled draws on debt service reserves reflecting financial difficulties o Unscheduled draws on credit enhancements reflecting financial difficulties o Substitution of credit or liquidity providers, or their failure to perform 7. 8. 9. o Defeasances 10. o Release, substitution, or sale of property securing repayment of the securities o Rating changes tl. D. 0 Notice of Failure to Provide Annual Financial Information as Required E. 0 Other Secondary Market Information (Specify): I hereby represent that I am authorized by the issuer or obligor or its agent to distribute this information publicly: Issuer Contact: Name Employer Address Telephone Email Address Title City Fax Issuer Web Site Address State _ Zip Code F-13 Dissemination Agent Contact, if any: Name Employer Address Telephone Email Address Title Obligor Contact, if any: Name Employer Address Telephone Email Address City State _ Zip Code Fax Relationship to Issuer Title Investor Relations Contact, if any: Name Telephone City State _ Zip Code Fax Obligor Web site Address Title Email Address F-14 TEMECULA PUBLIC FINANCING AUTHORITY CFD 03-1 (CROWNE HILL) SPECIAL TAX BONDS, SERIES 2005-B SUPPLEMENT NO.1 TO ACQUISITION AGREEMENT Quint & Thimmig LLP 07/18/05 SUPPLEMENT NO.1 TO ACQUISITION AGREEMENT by and between the TEMECULA PUBLIC FINANCING AUTHORITY and LENNAR HOMES OF CALIFORNIA, INC. Dated as of August 1, 2005 Relating to: Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill) Special Tax Bonds 20009.070)8205 THIS SUPPLEMENT NO. 1 TO ACQUISITION AGREEMENT, dated as of August 1, 2005 (this "Supplement No.1"), is by and between the Temecula Public Financing Authority, a joint exercise of powers authority duly organized and existing under the laws of the State of California (the "Authority"), and Lennar Homes of California, Inc., a California corporation (the "Developer"), and amends that certain Acquisition Agreement, dated as of June 1, 2003 (the "Original Agreement"), by and between the Authority and the Developer, applicable to the Temecula Public Financing Authority Community Facilities District No. 03-1 (Crowne Hill). Capitalized terms used herein have the meanings given such terms in Section 1.01 of the Original Agreement. RECITALS: A. Financings. In order to finance the Facilities as described in Exhibit A to the Original Agreement, the Developer and the Authority have entered into the Original Agreement for the acquisition of the Facilities and payment for the Facilities (including Discrete Components thereof) as set forth therein with amounts in the Improvement Fund. B. Initial Public Financing. Pursuant to the Fiscal Agent Agreement, the Authority has formed the District under the Act and, on August 7, 2003, issued an initial series of the Bonds in the principal amount of $12,155,000, the proceeds of which were used, in part, to make a deposit to the Improvement Fund to be used to pay costs of the Facilities. C. Second Public Financing. Pursuant to a First Supplemental Fiscal Agent Agreement, dated as of August 1, 2005, between the Authority and the Fiscal Agent, the Authority is now proceeding with the issuance of an additional Bonds in the principal amount of $ . the proceeds of which will be used, in part, to make an additional deposit to the Improvement Fund to be available to pay costs of the Facilities. D. Alterations to Exhibits Band D. Exhibits B and D to the Original Agreement set forth certain Discrete Components of the Facilities and related Budgeted Costs, and a priority for funding of the Facilities, respectively, and the costs shown in such Exhibits were the best available estimates of the Developer at the time of issuance of the original series of the Bonds. The Developer has now requested that the Authority replace Exhibits B and D to the Original Agreement with revised Exhibits B and D and the Authority and the Developer now desire to formally acknowledge a replacement of Exhibits B and D in connection with such request. AGREEMENT: In consideration of the mutual promises and covenants set forth herein, and for other consideration the receipt and sufficiency of which are hereby acknowledged, the Authority and the Developer agree that the foregoing recitals, as applicable to each of them, are true and correct and further make the agreements set forth below: Section 1. Replacement of Exhibits Band D to the Original Agreement. Exhibits B and D to the Original Agreement are hereby superceded in their entirety by the text of Exhibits A and B hereto. Section 2. Counte:q:>arts. This Supplement No. 1 may be executed in counterparts, each of which shall be deemed an original. -1- Section 3. IntelJ'retation of Agreement. Captions used in this Supplement No.1 are for convenience of reference only and shall not affect the interpretation or meaning of this Supplement No.1 or the Original Agreement. -2- IN WITNESS WHEREOF, the parties have executed this Supplement No.1 as of the day and year first-above written. TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) By: Executive Director LENNAR HOMES OF CALIFORNIA, INe. By: Its: 20009.07,)8205 -3- EXHIBIT A ACQUISITION AGREEMENT EXHIBIT B DISCRETE COMPONENTS OF FACILITIES AND RELATED BUDGETED COSTS 1. Traffic Signal Improvements: . Crowne Hill Drive & Butterfield Stage Road intersection . De Portola Road & Butterfield Stage Road intersection . Royal Crest Place & Butterfield Stage Road intersection . Pauba Road & Butterfield Stage Road intersection Sub-total: 2. Street Improvements: . Butterfield Stage Road . Crowne Hill Drive . Royal Crest Place . Pauba Road Sub-total: 3. Storm Drain Improvements: . Royal Crest Place 4. Park Site Improvements: . Park Site U AU Tract No. 23143 final Lot 104 5. Dry Utility Improvements: . Butterfield Stage Road . Crowne Hill Drive . Royal Crest Place . Pauba Road Sub-total: 6. Wet Utility Improvements: . Sewer @ Royal Crest Place and Crowne-Hill Drive . Water @ Royal Crest Place and Crowne Hill Drive Sub-total: Total for Discrete Component of Facilities: A-I $ 237,300 $ 149,900 $ 142,400 $ 154.100 $ 200,500 $ 1,014,900 $ 392,300 $ 154,100 $ 74,700 $ 378,600 $ 146,300 $ 69.200 $ 267,400 $ 563.700 $ 683,700 $1,758,900 $ 473,400 $1,294,300 $ 668,800 $ 831,100 $ 5,710,200 EXHIBIT B ACQUISITION AGREEMENT EXHIBIT D PRIORITY FOR FUNDING OF FACILITIES Description of Improvements Total Cost Priority A B (1) General City Facilities $1,000,000 A $1,000,000 $ - Improvements along State Route 79 (SR-79) and the Interstate 15 (l-15)/State Route (SR-79) Interchange (2) Development Impact Fees $1,502,300 A $1,502,300 $ - Improvements to Street System, City Hall complex, Fire Protection facilities and Libraries (3) Elimination of Prior Lien $2,922,382 A $2,922,382 $ - (4) RCWD Facilities $984,040 A $984,040 $ - (5) EMWD Facilities $1,889,824 A $1,889,824 $ - (6) Traffic Signal Improvements Crowne-HiIl Drive & Butterfield Stage Road $237,300 B $ - $237,300 De Portola Road & Butterfield Stage Road $149,900 B $ - $149,900 Royal Crest Place & Butterfield Stage Road $142,400 B $ - $142,400 Pauba Road & Butterfield Stage Road $154,100 B $ - $154,100 (7) Street Improvements Butterfield Stage Road $200,500 B $ - $200,500 Crowne Hill Drive $1,014,900 A $1,014,900 $ - Royal Crest Place $392,300 A $392,300 $ - Pauba Road $151,200 A $151,200 $ - (8) Storm Drain Improvements $473,400 B $ - $473,400 (9) Park Site Improvements $1,294,300 B $ - $1,294,300 (10) Dry Utilities Butterfield Stage Road $74,700 B $ - $74,700 Crowne Hill Drive $378,600 B $ - $378,600 Royal Crest Place $146,300 B $ - $146,300 Pauba Road $69,200 B $ - $69,200 (11) Wet Utility Improvements Sewer at Royal Crest Place & Crowne Hill Dr. $267,400 A $267,400 $ - Water at Royal Crest Place & Crowne Hill Dr. $563,700 A $563,700 $ - Totals for: $14,008,746 $10,688,046 $3,320,700 Meanin~ of Priority A = Expected to be funded from first series of Bonds to be issued for the CFD. B = Possible funding with proceeds of (i) first series of Bonds to be issued for the CFD, following funding of all "A" priority Facilities; and/or (ii) second series of Bonds to be issued for the CFO, if funding has been provided for all Priority A improvements and the requirements of Section 2.14 of the Fiscal Agent Agreement are satisfied. B-1 ITEM 18 APPROVAL . J.\ Ll /1 LJ CITY ATTORNEY W/~ ~ DIR.OF FINANCE ~_ CITY MANAGER / I CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council/City Attorney FROM: William P. Curley, Assistant City Attorney DATE: July 26, 2005 SUBJECT: Consistency Rezoning Ordinance (PA05-<J085) RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. OS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA05-0085) BACKGROUND: With regard to this Citywide zoning map adoption, Councilmembers Roberts and Washington have previously recused themselves from voting on the application of a zoning designation to their homes, which homes constitute a real estate interest for purposes of conflicts of interest analysis. This item was continued from the prior regular City Council meeting to this meeting to allow Staff to review the real estate holdings of the Council. It has been concluded that the Councilmembers will continue to exercise the prudent and responsible approach they have regularly taken with regard to matters involving potential or arguable conflicts and will recuse themselves from the application of a zoning district designation to their respective homes. R.lAgenda ReportslConsistency Rezoning Ordinance PA05-0085 7 26 CITY COUNCIL DISCLOSURE PROCESS: As a matter of efficiency it is recommended that the members of the City Council each state on the record that they will recuse themselves from the vote as it applies to their respective interests, all as set forth on the adopted minutes considering the adoption of the General Plan on April 12. 2005. After those disclosure statements have been made one vote shall be taken to complete the first reading of the subject Citywide zoning district map. The City Clerk will note the abstentions in the record pursuant to her routine practice. FISCAL IMPACT: No additional costs will accrue as a result of the Citywide zoning map. ATTACHMENT: Ordinance No. 05- _ Adopted Minutes of April 12. 2005 R/Agenda Reports/Consistency Rezoning Ordinance PA05-0085 7 26 2 ORDINANCE NO. 05-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA AND AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH THE PROVISIONS AND REQUIREMENTS OF THE UPDATED CITY GENERAL PLAN (PA05-0085) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; WHEREAS, the City of Temecula has undergone an extensive process of comprehensively updating the City General Plan; WHEREAS, the City Council for the City of Temecula approved a comprehensive update to the City General Plan on April 12, 2005; WHEREAS, the City of Temecula desires to ensure that the City Zoning Map and Municipal Code are consistent with the updated General Plan; WHEREAS, the Planning Commission held a duly noticed public hearing on May 4, 2005, and recommended that the City Council approve these amendments to the Official Zoning Map and Municipal Code; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on May 24, 2005 to consider the proposed amendments to the Official Zoning Map and Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Table 17.02.010 to add the following zones into the Zoning Districts Established table: Zoning District Description Rural residential Tribal trust District Abbreviation RR TT Code Chapter 17.06 17.13 R:/Ords 2005/0rds 05-07 Section 2. The City Council of the City of Temecula hereby replaces Table 17.02.020 with the following: Table 17.02.020 Consistency Between the General Plan and the Zoning Districts General Plan Land Use Designation Zoning District Hillside residential Hillside residential (HR) Rural residential Rural residential (RR) Very low density residential Very low density residential (VL) Low density residential Low density residential (L -1 ) Low density residential (L-2) Low medium density residential Low medium density residential (LM) Medium density residential Medium density residential (M) High density residential High density residential (H) Neighborhood commercial Neighborhood commercial (NC) Community commercial Community commercial (CC) Highway/tourist commercial Highway/tourist commercial (HT) Service commercial Service commercial (SC) Professional office Professional office (PO) Industrial park Business park (BP) Light industrial (L1) Public/institutional Public Institutional (PI) Tribal trust lands Tribal trust (TT) Open space (OS) Open space/recreation Public park and recreation (PR) Conservation (OS-C) Specific Plan (SP-X) These special Zoning Districts may be Planned Development Overlay (PDO-X) used to represent any combination of Village Center Plan (VC-X) General Plan Land Use Designations: Floodplain Overlay District (FP) Section 3. The City Council of the City of Temecula hereby amends Subsection 17.03.060.B.1 by adding the following sentence to the end of the Subsection: "Encroachments into the required yard areas that are not normally allowed within the HR and RR Zones may be allowed up to the maximum encroachment identified in Table 17.06.050.B." R:/Ords 2005l0rds 05-07 2 Section 4. The City Council of the City of Temecula hereby amends Chapter 17.06 by making the following changes. A. Section 17.06.020 is hereby amended by adding a new subsection "B", and the renumbering of the subsequent subsections, to read as follows: "Rural Residential (RR). The rural residential zoning district is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over twenty-five percent. Typical lot sizes in the RR district are 5 acres and larger." B. Table 17.06.030 is hereby amended as depicted in Exhibit "A". C. Table 17.06.040 is hereby amended as depicted in Exhibit "B". D. Amend Subsection 17.06.050.0.2 to include the reference to the "RR" between "HR" and "VL". E. Amend Subsection 17.06.050.0.4 to read as follows: "Setbacks. Setback requirements and the placement of accessory structures in the required yards for the VL, L-1, L-2, LM, M, and H Zones are set forth in Table 17.06.050A, Accessory Structures Setbacks. In the HR and RR Zones, no accessory structures are allowed within the required yards." F. Amend the title for Table 17.06.050A to read as follows: "Accessory Structure Setbacks for the VL, L-1, L-2, LM, M, and H Zoning Districts." G. Amend Subsection 17.06.050.F to read as follows: "Maximum Encroachments into Yard Areas. The items indicated in Table 17.06.050B, Maximum Encroachments into the Required Yard Areas, for the VL, L-1, L-2, LM, M, and H Zones may encroach into the required yards subject to the conditions placed upon those items by the table. In the HR and RR Zones, no encroachments are allowed into the required yards." H. Amend the title for Table 17.06.0508 to read as follows: "Maximum Encroachments into Required Yard Areas for the VL, L-1, L-2, LM, M, and H Zoning Districts" Section 5. The City Council of the City of Temecula hereby adopts Chapter 17.13 to read as follows: "CHAPTER 17.13 TRIBAL TRUST DISTRICT SECTIONS: 17.13.010 17.13.020 Purpose and intent. Tribal trust lands district. R:/Ords 200S/0rds 05-07 3 17.13.010 PURPOSE AND INTENT. The tribal trust district is intended to recognize federal tribal trust status of lands within the City of Temecula. 17.13.020 TRIBAL TRUST LANDS DISTRICT. The city exercises no development or zoning control over properties designated as tribal trust lands in the general plan. These properties are under the sole jurisdiction and control of the Pechanga Band of Luiseno Indians." Section 6. The City Council of the City of T emecula hereby amends Chapter 17.14 by adding the following land use listing to Table 17.14.030: Schedule of Uses PR OS OS..c Golf course resort (including accessory visitor supporting C - - accommodations and commercial uses such as hotels, fractional ownership units, day spa, restaurants, and conference center.) Section 7. The City Council of the City of Temecula hereby amends the Official Zoning Map for the City of Temecula to reflect the changes to the Updated General Plan as contained in Exhibit "C", except that no changes were made to the property identified with Assessor's Parcel Number 919-340-004. Section 8. Council Member Roberts and Council Member Washington did not participate in the pUblic hearing and Council discussion of changes to the Official Zoning Map in within the Meadowview Community. Both own homes within the Meadowview Community and both are part owners of open space properties under the control of the Meadowview Homeowners Association. Based on this conflict of interest, Mayor pro tern Roberts and Council Member Washington each hereby abstain from the approval of the amendments to the Official Zoning Map for areas within the Meadowview Community. Section 9. Severabilitv. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 10. Mayor Pro Tern Roberts and Council Member Washington did not participate in the discussions, considerations or vote concerning zoning and General Plan Land Use designations in the Meadowview Tract as each owns a home in the Meadowview Tract. Section 11. Environmental ComDliance. The Final Environmental Impact Report for the Update of the General Plan and related amendments to the Development Code was certified on April 12, 2005. The City Council hereby makes the following findings: (1) that this Ordinance is part of the consistency re-zoning process was included in the project assessed by the environmental impact report for the General Plan Update, and (2) that since the Certification of the EIR, there have been no changes in circumstances or setting that would require the preparation of an addendum, subsequent or supplement to an EIR. As a result, the City Council R:/Ords 2005/0rds 05-07 4 hereby finds that this Ordinance is exempt from further environmental review because it is included as part of a project for which an environmental impact report was prepared. Section 12. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this _ day of July, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-07 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said Ordinance was duly adopted and passed at a meeting of the City Council on the th day of , 2005, by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2005/0rds 05-07 5 EXHIBIT A R:/Ords 2005/0rds 05-07 7 "Ii" Residential Single-family detached P P P P P P P - Duplex (two-family dwellings) - - - - 2 - 2 2 P P - Single-family attached (greater than two - - - - - p p p units) Multiple-family - - - - - - p p Manufactured homes P P P P P P P P Mobilehome park - - C C C C C C Facilities for the mentally disordered, P P P P P P P P handicapped, or dependent or neglected children (six or fewer) Facilities for the mentally disordered, C C C C C C P P handicapped, or dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or P P P P P P P P treatment facility (six or fewer) Alcoholism or drug abuse recovery or C C C C C C P P treatment facility (seven or more) Residential care facilities for the elderly P P P P P P P P (six or fewer) Residential care facilities for the elderly C C C C C C p p (seven or more) Congregate care residential facilities for - - - - p p p p the elderly 6 Boarding, rooming and lodging facilities - - - - - - C C Secondary dwelling units P P P P P P P P Granny Flat P P P P P P p4 p4 Guest House P P P P P P p4 p4 Family day care homes-small P P P P P P P P Family day care homes-large 1 C C C C C C C C Day care centers C C C C C C C C Bed and breakfast establishments 6 C C C C C C C C Emergency shelters C C C C C C P P R:/Ords 2005/0rds 05-07 6 Transitional housing Non-Residential Agriculture/open space uses 6 Religious institutions Public utility facilities Educational institutions Public libraries Public museums and art galleries (not for profit) Kennels and catteries 6 Noncommercial keeping of horses, cattle, sheep and goats 6 Temporary real estate tract offices Recreational Vehicle Storage Yard 3 Parking for commercial uses Nonprofit clubs and lodge halls Convalescent facilities Golf courses P P P C C C C C C C C C C C C C C C C C C P P P P P P C C C P P C P P 2. 3. 4. 5. R:/Ords 2005/0rds 05-07 9 p p P P P C C C C C C C C C C C C C C C C C C C C C C C C C P P Home occupations Construction Trailers 5,6 Notes: 1. Subject to the provisions of Section 17.04.050 and Section 17.06.050.1, Family Day Care Home Design Standards. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22. Subject to the provisions of Section 17.24.020(0)(2). Allowed only with a single-family residence. The director of planning shall have the discretion to waive submittal of an Administrative Development Plan if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses. 6. Subject to the supplemental development standards contained in Chapter 17.10. Legend P = Permitted by right in the district C = Permitted by conditional use permit - - Use is rohibited in the district P C P C C p p C P P C P P P C C P P P C p P P C P P P C P P P C P P EXHIBIT B R:/Ords 2005/0rds 05-07 10 LOT AREA Minimum net lot area 7,200 7,2004 (square feet) Minimum net lot area 10 5 2.5 1 Y, (acres) Dwelling units per net acre' 12 20 LOT DIMENSIONS Minimum lot frontage at 50 50 40 40 30 30 30 30 front property line (feet) Minimum lot frontage for a flag lot at the front property 40 40 30 30 25 20 20 20 line (feet) Minimum width at required 100 100 100 70 50 50 40 30 front setback area (feet) Minimum average width 100 100 80 70 60 50 50 50 (feet) Minimum lot depth (feet) 150 150 120 100 90 80 100 100 SETBACKS Minimum front yard (feet) 40 40 25 25 20 Ave2 Minimum corner side yard 40 40 15 15 15 15 15 15. (feet) Minimum interior side yard 25 25 10 10 10 Vari- Vari- Vari- (feet) able3 able3 able3 Minimum rear yard (feet) 25 25 20 20 20 20 20 20 OTHER REQUIREMENTS Maximum height (feet) 35 35 35 35 35 35 40 50 Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30% coverage Open space required 90% 75% 70% 60% 40% 25% 25% 30% Private open space/per unit NA NA NA NA NA NA 200 150 R:/Ords 200S/0rds 05-07 11 Notes: 1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020. 2. Variable front yard setbacks: In order to allow for a more interesting visual image and more flexible site planning variable setbacks may be permitted in the L-2, LM, M and H districts. Front yard setbacks shall have an average of at least twenty feet. Garages with entrances not facing the front yard area may be setback a minimum of ten feet. Other portions of a structure may have a front yard setback of a minimum of ten feet; however, the average setback of twenty feet shall be maintained. 3. Variable side yard setbacks: In the LM zoning district, the combined side yard setback for both sides must equal at least fifteen feet with one side having at least ten feet to provide potential vehicular access to the rear of the property and shall be located on the same side as the driveway. In the M and H zoning districts, variable side yard setbacks may be permitted provided the sum of the side yard setbacks is not less than ten feet and the distance between adjacent structures is not less than ten feet. ifhis permits a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite site yard. 4. Lot sizes below 7,200 square feet can be accommodated with the approval of a planned development overlay. R:/Ords 2005/0rds 05-07 12 EXHIBIT C OFFICIAL ZONING MAP R/Ords 2005/0rds 05-07 13 . Zoning Map Amendments City of Temecula "-7 "'" . I/' ~ ..... ~~ ~ . . .t:t~{::. :, . !:: ~ ... 'r~( ... k1: ~~~ ::\l w-~x ')'"/0- '\ r:..-:L R- \\ ~. -, J ~ ~~~K/ry- <!' , k ~~~~c2 ~^.. ~~' ~ ,,-'"~ ..:.:.'. A 'J.-r.-:>- .....::. hV" :; /" .4:.:.:.' '. y ~~F~-{ ~~ . rl ~---~ ~) )Y >---- .I;; . " o o 00 000.000.0 0.0.00.0.0000.0 0000000000 0000000000 ggggiliggooooo 00000000 000000.000 00000000 000 0000 I-- N A R.....O_ Effective Date: July 14, 2005 Ordin*"CeNo. 900 0 900 1800 Feet "''''' ",'m ",." "'... ,- """ .,,., 7/13199 7I131l11l 'm~ "'... """" llo'lM11 "''''' 121'1101 """" 12117/02 01/14103 '''''''' ..,.., ~..m ~"".. ""'- PO ..~.~1 ;?-.",.. PDQ.1 .. .: ::.;1:1:(; 0:: . . tsW : 'j<;J- .~.~ ...:.Kf::. ...!"l< . .~.,.. ~... .;Qj.t;;. ~. ~l L-..! OeIIcription PA9&0133 SlotIlnithlted PA93-0449 PA97-0:239flOO.l PA97.0397POO.2 ,-=> PA9II-0015 PA97-ll44t1 Pr.ZDI'linIlSP-9,SP.l0 PASll-0511POO-3 PA9ll-0291 ,""-"', P,t.gg.0261PDO-<l PAllQ..C24S ,~- PAOG-0139 PA99-0298 PA01_D418 PA01-0522 PA01-06S3PA02-0612 PA03-0249 PAO~nl '''''''''' "'" ".,., ~ "'" ..." ..." ..." ..... 98_13 ...'" ..." "'" ..." 01-07 01-18 "., 02-13 """,... "'" """ ",." """ ..." .i)i. '. ...... ._, - "- 'I a .....--..r\.j( ~ ~>.) I( ,...,~ ill r\~;;:' 'M ~ ~ /~~ I~ (j E3S , I '""' ') ~l/~;'- ~ ), -~I ~~ ^ ,\\~\\I-'( 'Ptl-). ~ KA ~ v t- .' ~ ~. ">.:? ~ ~- lh..mop_m.<S.bytlwc;lyofT.mocuIoG..,g'..,...., Inf......tionS,....".Th40lNOp.._dfl'omboo..d.1O prodI.>oodbylt>oR......-COlO1Iy"-,..O'portmonI ""d\hoT,"noportotion.ndlondM"".gomonl~ oIRiIte.-eoullty.TMCityolT...................no ","rronl)'",logolrooponslbllityfotth.inlormaboncorrtai'l<od on!tVomop.O.IO.ndidarmation,opro_lodonthio.mop ...ouCjoetlDupdo.,".ndrnodificobon_TIwGeo~phlc InformolionSyotIImandelhorae....,..ot1ou1dboo_riodle,lt>o mool.......ntinlonnotion.Thiomop..no\le,ropr;nt"'...... 13 General Plan Update RECOMMENDA liON: 13.1 Conduct the Public Hearing on the Draft Land Use, Open Space Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air quality, Community Design, and Economic Development Elements of the General Plan and the Draft Environmental Impact Report related to these Elements; 13.2 Adopt a resolution entitled: RESOLUTION NO. 05-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN 13.3 Adopt a resolution entitled: RESOLUTION NO. 05-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN Mayor Comerchero read a statement (of record) prepared by the City Attorney with regard to the proceedings of this item. At this time, Planning Director Ubnoske introduced Mr. Jeff Henderson of Cotton Bridges and Associates who proceeded with the staff report (of record), commenting on the following: . Development capacity of the updated General Plan (113,421 population with 55,764 in areas within the City's sphere of influence - total population 169,185) versus existing conditions as well as the previous General Plan (112,254 population with 81,655 in areas within the City's sphere of influence - total population 193,909); · Content of the General Plan . Policy direction within the updated General Plan o Direction remains the same as that of the 1993 General Plan o Most changes fit within the framework of that Plan . Primary changes affect Land Use and Circulation Elements · Reflect previously County-granted entitlements . Preservation of Open Space Corridors . Create a desirable and livable Urban area . Adjusting density for the Vineyard and Agricultural designation from 0.0 to 0.2 dwelling units per acre · Modify the description of the recreation commercial designation to include timeshare and fractional ownership units · Incorporate the Airport Compatibility Plan figure within the Land Use Element R:lMinutesl041205 9 · Remove the area between Temecula Creek and SR 79 South from Rural Preservation Area NO.2 · Remove land Use Request No. 2 from the Nicolas Valley Rural Preservation Area should the City Council concur with the Planning Commission's recommendations regarding that area · Identify the Bureau of land Management Ownership Areas that are present on the land Use Policy Map o Encouraging mixed-use development near Interstate 15 o Preserving established rural areas o Managing future growth o Modified land Use Designations . Rural residential designation - 5-acre minimum lot size - east of current City boundary . Business Park designation to Industrial Park . Vineyards Agricultural designation - new designation . Tribal Trust lands - new designation . Commercial Recreation Overlay . Open Space and Conservation Element o I nclusion of identification of the City's historic resources o Includes new policies and implementation that will address the concern of the Pechanga Band of luiseno Indians o Updated information Williamson Act Preserves within the Planning Area o Updated information on MTBE contamination . Growth Management/Public Facilities Element o Addition of statements discouraging street closures that may limit or delay access to emergency services o Updated technical information provided by Rancho California Water Districts as well as the Temecula Valley Unified School District . Public Safety Element o No major policy changes o Included updated State geologic hazard programs o Incorporated information regarding the Temecula Citizen's Corps o Addition of a policy statement discouraging the closure of streets when emergency response and public safety is adversely affected . Air Quality Element o No major policy changes are being proposed but have included updated information on local programs, including the Trip Reduction Ordinance · Community Design Element o Significant changes regarding discussion of mixed-use design concepts o Includes new policies and implementation encouraging the creation of public spaces and enhance the role of public art in those spaces o Interim Chaparral Area policies, adopted in 2004, have been incorporated . Economic Development Element o Includes updated information and descriptions of local programs - does not include any major policy changes. . Housing Element o Not updated as part of this program o Currently adopted Housing Element with which this General Plan is consistent will be incorporated into the General Plan once it is adopted o Next Housing Element Update will begin 2006 or 2007 R:lMinutesl041205 10 . Airport land Use Commission o Several changes have been recommended to ensure consistency with the French Valley Airport land Use Compatibility Plan o Suggested changes consistent with the other policies and implementation that have already been included in the draft . Environmental Impact Report (EIR) o 16 comment letters were received from various agencies o 3 significant, unavoidable impacts were determined in that EIR . Short-term construction impacts . long-term emissions . Transportation o All other impacts in the EIR were considered less than significant . Required mitigation measures have been included and identified At this time, the public hearing was opened. EIR in land Use Desiqnations for the area south of Moraan Hill Specific Plan (Mayor Comerchero and Councilman Naggar did not partake in this matter and removed themselves from the dais and Council Chamber.) Mayor Pro Tem Roberts presided. There being no public hearing, the public hearing regarding the above-mentioned item was closed. MOTION: Councilman Washington moved to approve staff's recommended land Use Designations for the area south of Morgan Hill Specific Plan. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Mayor Comerchero and Councilman Naggar who abstained. Request No. 2 - 72 acres at the corner of Nicolas Road and Via lobo - Plannina Commission recommendation to split the desianation with low densitv on the northern half and Open Space on the southern portion of the site with a requirement for a planned development overlav (Mayor Comerchero did not partake in this matter and removed himself from the dais and Council Chamber.) By way of overheads, Principal Planner Hogan described the proposed request, highlighting the Community Advisory Committee's recommendation as well as the Planning Commission's recommendation, noting that Council approval would be required with the Commission's proposal of a Planned Development Overlay. At this time, the public hearing was opened. Viewing the property of discussion as a gateway to Nicolas Valley, Mr. Chris Pedersen, Temecula, discouraged an increase in density, noting that a majority of the property would be unusable for development. Mr. Roger Share, representing the Garrett Group, expressed the Garrett Group's support of the Planning Commission's recommendation. R:IMinutesl041205 11 Advising that three years ago the Garrett Group acquired the property of discussion from the Boy Scouts, Mr. Kirk Wright, representing the Garrett Group, as well concurred with the Planning Commission's recommendation and noted that although the proposal may be an upzone in density, the proposed density would not be equal to the density that would have been permitted with a very low density project. There being no additional speakers, the public hearing was closed. Being of the opinion that the General Plan would not be the appropriate time to review particular projects, Councilman Naggar relayed his support of the City Council reviewing this particular land use designation and General Plan Amendment as a project, commenting on the City's Growth Management Plan and noting that if this were approved at this point in time, the Growth Management Plan process would be negated. Concurring with Councilman Naggar's comment, Councilwoman Edwards stated that because of the quality of projects produced by the Garrett Group, she would have no doubt that the future Garrett Group project for the area of discussion will be a project the City Council would accept. In response to Councilman Washington, City Attorney Thorson advised that approval of the request will require a majority vote. Echoing Mrs. Edwards, Mr. Washington as well expressed his confidence in the Garrett Group to produce a quality project. Mayor Pro Tem Roberts echoed the previously made comments shared by Councilman Naggar. MOTION: Councilman Naggar moved to maintain the existing General Plan designation for the 72 acres at the corner of Nicolas Road and Via Lobo as its current Very Low Density designation. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Mayor Comerchero who abstained. Callowav Winerv Property /located in the Rural Preservation Areas to the east of the City boundarvl (Mayor Comerchero did not partake in this matter and removed himself from the dais and Council Chamber.) Reviewing this request, Mr. Henderson noted the following: . That the current designation is Vineyards/Agriculture - one unit per five acres . That the change would be to include the property in the updated General Plan . That the proposed change would be a recommendation to the County There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to approve the staff recommendation to include the Calloway Winery property in the updated General Plan and to designate it as Vineyards/Agriculture, permitting one unit per five acres. The motion was seconded by Councilwoman Washington and voice vote reflected approval with the exception of Mayor Comerchero who abstained. R:\MinutesI041205 12 At this time, Mayor Comerchero returned to the dais and Councilman Naggar removed himself from the dais and Council Chamber. Reauest No. 7 - 45-acre site on the north side of Lorna Linda Road - to chanae from Professional Office to a combination of Low Medium Density and Medium Density. The Low Medium Density would be on the eastern portion of the site adiacent to the existina sinale-family homes. A proiect has been submitted to the City consistent with this concept. The proiect incorporates 20% affordable units for moderate incomes on the part of the site desianated for Medium Density. The reauest was supported by the Communitv Advisory Committee. However, the Plannina Commission is recommendina only Low Medium Density. (Councilman Naggar did not partake in this matter and removed himself from the dais and Council Chamber.) Mr. Henderson and Principal Planner Hogan reviewed the proposed request, noting the following: . That the Low Medium Density would create approximately 4 to 5 units per acre · That the Professional Office designation would generally generate more vehicle trips than either residential category; that a vehicle reduction would occur at either Low Medium or Medium Density · That the Professional Office designation would allow multi-family senior housing at a higher density . That approximately 400 units would be the maximum allowable units for Low Medium/Medium Density and approximately 200 units for only Low Medium Density At this time, the public hearing regarding this matter was opened. Advising that a vesting map has been submitted to staff for a project with regard to the area of discussion, Mr. Larry Markham, Temecula, requested approval from the City Council; advised that the project will be heard within the next 60 days by the Planning Commission; and commented on efforts undertaken with regard to this project (preservation of a portion of the Creek, trail connectivity, right of way, etc.). In response to Mayor Comerchero, Planning Director Ubnoske advised that the project referenced by Mr. Markham would be consistent with the current General Plan. Mr. Comerchero questioned how this project would be consistent with the updated General Plan if the Council were to concur with the Planning Commission's recommendation for Low Medium Density. Not having all the specifics, City Attorney Thorson noted that the general rule would be that the City Council may change a zone and because it may be less than the previous zoning or General Plan designation would not necessarily mean it would be illegal. It was noted that a letter was received with regard to this matter and that it would be part of the public record. Mr. Mark Broderick, Temecula, representing Rainbow Canyon Villages Homeowners Association, expressed concern with traffic within the area of discussion and opposed the City Council downgrading a recommended designated roadway. At this time, the public hearing was closed. R:\Minutes\041205 13 For Councilwoman Edwards, Principal Planner Hogan confirmed that the requested designation would decrease the number of trips per day from the current designation. For Councilman Washington, City Attorney Thorson further clarified Mayor Comerchero's concern whether this project would be consistent with the updated General Plan, noting that there are two issues: whether or not to change the General Plan and what is the impact of that project. Mr. Hogan reiterated that the Community Advisory Committee recommendation would permit approximately 400 units and that the Planning Commission recommendation would permit approximately 200 units, noting that the 400 units had been included in the EIR for the General Plan. Mayor Comerchero expressed concern with the City Council adhering to the Planning Commission recommendation and, thereby, downzoning this property after the applicant, in good faith, presented a project that was consistent with the current General Plan and would be consistent with the CAC's recommendation but not with the Planning Commission's recommendation. MOTION: Councilman Washington moved to approve the CAC's recommendation (for split zoning). Councilwoman Edwards seconded the motion. (This motion was ultimately withdraw.) Deputy City Manager Thornhill noted that by changing the zone from Professional Office to a combination of Low Medium Density and Medium Density, the affordable component requirement would no longer exist but advised that any future project may be conditioned for the affordable component. In light of Mr. Thornhill's clarification, Councilman Washington withdrew the above-mentioned motion and offered the following: MOTION: Councilman Washington moved to retain the Professional Office designation for the 45-acre site on the north side of Loma Linda Road. The motion was seconded by Councilwoman Edwards and voice vote reflected approval with the exception of Councilman Naggar who abstained. At this time, Councilman Naggar returned to the dais. EIR for the proposed Land Use/Open Space Conservation/Growth Mana~ementlPublic Facilities/Public Safety/Noise/Air Quality/Community Desian/Economic Development Elements of the General Plan Update and remainina reauests Ms. Eileen Runde, Temecula (wine country), questioned the City's desire to include westerly Anza Road to Butterfield Stage Road in its sphere of influence. Mayor Comerchero reiterated that the City will not be including the wine country in its sphere of influence, noting that it is being included in the Planning Area of the General Plan which will give the City the ability to comment to the County on actions it may take with regard to this area. Ms. Runde as well expressed concern with making Anza Road the Transportation Corridor which will divide wine country. In response to Ms. Runde, Mayor Pro Tem Roberts advised that in the County's General Plan Circulation Element, Anza Road was redesignated from a two-lane road to a four- lane road. R:\MinutesI041205 14 Ms. Adrian McGregor, Temecula (wine country), commented, as per the DepartmenVCounty/State Transportation minutes, on the width of the corridor relocated to Anza Road and expressed concern that no circulatory roads have been included; addressed air quality; mixed zoning; future inclusion in the City's sphere of influence; taxation; and natural energies. For the General Plan Amendments, City Attorney Thorson advised that the City has followed the legally required notice with publications. Mr. Don Stowe, Temecula, was called to address the City Council but was no longer in attendance of the meeting. Noting that at meeting she had attended the majority of the City's representatives (City's consultant, Police/Fire) were in support of opening roads, Ms. Evelyn Buchanan, Temecula, questioned why the City Council would hire a consultant if it does not consider his recommendations; why request information from Police/Fire if the advise is discounted; why are meetings set to provide this information if the information is not accepted; proposed that the City buy the homes on the Meadowview side of the street and create a strip of land for a Calle Medusa Parkway, similar to Meadows Parkway; and encouraged quality of life for all Temecula residents. Because the public hearing on the Circulation Element has been closed, Mayor Comerchero reminded the upcoming speakers that issues with regard to the Circulation Element will not be discussed this evening. Noting all Elements of the General Plan must be balanced and must be considered in its entirety, Ms. Suzanne Zychowics, Temecula, noted that a General Plan process was followed by City consultanVCommissions/staff; that this process was paid for by the taxpayers; that the process was not adhered to by the City Council and, therefore, the Plan was unbalanced; addressed air quality and safety risks, commenting on the F rating at a particular intersection; and referenced sex offenders residing within her neighborhood. Appreciating the articulateness of Mr. Buchanan and Ms. Zychowics, Councilman Naggar noted that although information has been provided to the City Council regarding the General Plan by consultants/staff/Commissions, the City Council has the responsibility to balance the human factor with this or any other decision. Mr. Naggar encouraged Ms. Zychowiczs and any other individuals to feel free to contact him or the City Manager's Office to obtain information about measures the City has undertaken to address traffic congestion/circulation. Having received numerous emails after the March 22, 2005, City Council meeting, Mayor Comerchero referenced comments made in the emails to which Mr. Comerchero stated that Meadowview residents represent 3.5% of the population of this City, noting that if the City Council's primary concern were its reelection, the Council would have never taken the stand it did on March 22, 2005. Mr. Don Gurdun, representing Walcott Investment, advised that a land plan (consisting of 66 units with a minimum of 7,200 square foot lots up to 30,000 square foot lots on the northern edge of the property) has been prepared for the 22 acres in the northeast section of the City; requested that the City Council consider a zone change from Low Density to Medium Low Density for these 22 acres; and advised that Walcott Investment has offered to provide a fire access road (approximately a mile) for Liefer Road. R:\Minutes\041205 15 At 10:34 P.M., a short recess was taken. Expressing appreciation to the Planning Commission as well as Planning staff with regard to the Temecula Creek Inn Specific Plan, Mr. Sam Alhadeff, representing Temecula Creek Inn, relayed concurrence with the Planning Commission's unanimous recommendation, requesting that restaurants/conference center be included in resort-related uses. Mr. Larry Markham, Temecula, expressed concern with a policy in the Chaparral Policy Area relating to the constraint area and the 15% of allowed disturbance of the constraint area; commented on the difficulty of meeting the requirement of slope areas greater than 25%, natural drainage courses, and biological area; and requested that language be added with regard to not having manufactured slopes from the external view of the site. With regard to Request NO.6 (Temecula Creek Village), Mr. Markham advised that these 7 acres are not in the flood plain; that legal access has been acquired and recorded; and that, therefore, it would be requested that consideration be given to utilizing this area for RV/boat storage. Having requested a zone change at the Planning Commission for a parcel located at Winchester Road and Rustic Glen Drive, Mr. Bart Doyle, Temecula, advised that the requested change would be from Neighborhood Commercial to Professional Office for the purpose of obtaining higher density level in order to construct a senior housing project. Representing Request Nos. 3, 10, and 18, Mr. Matthew Fagan, Temecula, noted the following: · That Request No. 3 - 9 acres at the corner of Margarita Road and Solana Way to change from Medium Density to a combination of Professional Office and Open Space; . That both the CAC and the Planning Commission have concurred with the request; · That Request No. 10 - 18-acre site on the west side of Butterfield Stage Road to change from Very Low Density to a combination of Low Density and Low Medium Density (Margarita Village Specific Plan); supported by both the CAC and the Planning Commission; · That the project has a large frontage on Butterfield Stage Road and conditions will be imposed to participate for the reimbursement of that road; . That if the request were approved, the Margarita Village Specific Plan will still be within its threshold; · That Request No. 18 - 2-acre site on Pauba Road west of the two Neighborhood Commercial properties to change from Very Low Density to Neighborhood Commercial and to remove the property from the Chaparral Area; it was noted that the Planning Commission had not supported this request. In conclusion, Mr. Fagan requested the City Council's support. MOTION: Councilman Naggar moved to extend the City Council meeting to 11 :30 P.M. Mayor Comerchero seconded the motion and voice vote reflected unanimous approval. Ms. Malinda Smith, Temecula, chose to not address the Council. Mr. Younis, Temecula, was either no longer present or chose to not address the Council. R:\MinutesI041205 16 Mr. Farood Ahmad, Temecula, was either no longer present or chose to not address the Council. Ms. Margaret Rich, Temecula, was either no longer present or chose to not address the Council. Ms. Kathy Smith, Temecula, was either no long-er present or chose to not address the Council. Mr. Kenneth Hahn, Murrieta, expressed his surprise with the City Council's action to extend a four-lane highway along YnezlDePortola Roads which would inundate 70 driveways, noting that the most cost-effective way of improving air quality, improving safety, and improve circulation issues would be to open North General Kearny Road. Reiterating previously made comments of reopening the public hearing for the Circulation Element, Mr. Mark Broderick, Temecula, representing Rainbow Canyon Village Homeowners Association, expressed concern with Rural Preservation Area No. 4 (Rainbow Canyon and Great Oak Ranch - south of Pechanga Parkway east of Rainbow Canyon Road adjacent to the Pechanga Casino), sharing concern with the destruction of the hillside and relaying the desire to include this hillside area in the Rural Preservation Area NO.4 in order to maintain the natural resources and the aesthetics of this area. City Clerk Jones referenced the receipt of two letters. At this time, the public hearing was closed. In response to the Mayor's request, the consultant and staff reviewed each request, noting the following: Request No. 1 - 5-acre sliver of property on the east side of Marqarita Road to chanae from Public Institutional to Professional Office - both the CAC and Planninq Commission have supported the request . that the site of discussion will be a challenging site Mayor Pro Tern Roberts noted that an easement would be required to accommodate the pedestrian bridge. Because this would not be the appropriate time to address details, Councilman Naggar suggested that this designation change be reviewed with a project and offered the following motion: MOTION: Councilman Naggar moved to retain the existing General Plan designation of Public Institutional. Mayor Pro Tern Roberts seconded the motion. (Additional discussion ensued prior to the vote; see below.) Councilman Washington expressed his support of the CAC's and Planning Commission's recommendation. At this time, the electronic vote for the previously made motion reflected approval with the exception of Councilman Washington who voted !!.Q. R:\MinutesI041205 t7 Reauest No.2 Previously discussed; see pages 11-12. Reauest No.3 - 9 acres at the corner of Maraarita Road and Solana Way to chanae from Medium Density to a combination of Professional Office and Open Space - both the CAC and the Plannina Commission have supported the reauest · that the net affect of the proposed change would be a reduction of 70 units. Councilman Washington expressed his support of the request. MOTION: Councilman Washington moved to approve the requested change. The motion was seconded by Councilwoman Edwards. (Additional discussion ensued prior to the vote; see below.) Echoing Councilman Washington's comment of support, Councilwoman Edwards noted that the proposed request would be an improvement for the location. For Mayor Pro Tem Roberts, staff provided clarification as to the location of the Professional Office zone and the Open Space zone. Both Mayor Pro Tem Roberts and Councilman Naggar expressed their support of the request. At this time, the electronic vote on the previously made motion reflected unanimous approval. Reauest No.4 - 22-acre site between Butterfield Staae Road and Walcott Lane to chanae from Very Low Density to Low Density (1/2-acre lots) - not supported by the CAC and the Plannina Commission · that the net affect of the change would be an addition of 35 units. Although supporting the Y2-acre lot product in order to meet these needs, Councilman Naggar reiterated his previously made statement to review a project prior to a General Plan Amendment and stressed that the Y2-acre lot should be useable, not including slope. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. The motion was seconded by Councilwoman Edwards. (Additional discussion ensued prior to the vote; see below.) Although supporting the Y2-acre lot product, Councilman Washington expressed support of the motion to review the request along with a project. At this time, the electronic vote on the previously made motion reflected unanimous approval. R:lMinutesl041205 18 ReQuest No.5 18-acre site on the south side of Nicolas Road between Calle Medusa and Calle Girasol to chanQe from Very Low Density to Low Medium Density - not supported by the CAC or the Planning Commission · that the net affect of the change would be the addition of 72 units. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. ReQuest No.6 - narrow 7 -acre site south of Temecula Creek VillaQe to change from Open to somethinQ developable - not supported by the CAC or the PlanninQ Commission . that the Planning Commission supported the concept of incorporating the property into the Temecula Creek Village project for an appropriate open space use. Mayor Comerchero noted that this site could possibly foresee some form of development such as storage facilities. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Open Space. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. ReQuest No.7 Previously discussed; see pages 13-14. ReQuest No. 8 52-acre site wet of the Temecula Education Proiect to chanQe from Industrial Park to a combination of Community Commercial. Medium Density. and High Density not supported by the CAC or the Planning Commission MOTION: Councilman Naggar moved to retain the existing General Plan designation of Industrial Park. The motion was seconded by Councilwoman Edwards and electronic vote reflected unanimous approval. ReQuest No. 9 32-acre site southwest of the Temecula Education Proiect to change from Industrial Park to either Medium Density or HiQh Density - not supported by the CAC or the Planning Commission MOTION: Mayor Comerchero moved to retain the existing General Plan designation of Industrial Park. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. ReQuest No. 10 18-acre site on the west side of Butterfield StaQe Road to change from Very Low Density to a combination of Low Density and Low Medium Density supported by the CAC and the PlanninQ Commission · that the net affect of the proposed change would be the addition of 14 units . that the proposed request will not exceed the Margarita Village Specific Plan threshold R:\Minutesl041205 19 MOTION: Mayor Pro Tem Roberts moved to approve the requested change. Councilman Washington seconded the motion and electronic vote reflected unanimous approval. Reauest No. 11 - 3 acres at the northwest corner of Maraarita and Dartola Road to chanae from Professional Office to Community Commercial - not supported bv the CAC or the Plannin!! Commission MOTION: Councilman Naggar moved to retain the existing General Plan designation of Professional Office. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. Reauest No. 12 - Commercial Shoppina Center at the corner of Nicolas Road and Winchester Road . that this request was originally supported by the CAC and the Planning Commission and was processed as a General Plan Amendment by the City Council in 2004. · that no Council action is required Reauest No. 13 - 305-acre Temecula Creek Inn property - current desi!!nation on the site is Open Space with a Recreational Commercial Overlav: reauest was to add Low Medium Density Residential and to specify a future specific plan overlav containin!! sinale-familv residential units: neither the CAC nor the Plannina Commission supported the reauest for some Low Medium Densitv Residential on some of the property: however. the Plannina Commission did approve a small part of the reauest bv includin!! the area of Temecula Creek Inn as a future specific plan overlav area for any non-resort related uses: the Commission also recommended that an additional General Plan Amendment not be reauired for these non-resort uses From a community point of view, Councilman Naggar questioned whether it would be fair to proceed with a General Plan Amendment or whether it should be considered as a project. Viewing this as an economic development issue, Councilwoman Edwards voiced concurrence with the Planning Commission's recommendation. For Councilman Washington, Mr. Sam Alhadeff, Temecula, confirmed that he had requested the addition of restaurants and conference center. Although viewing the economic development of a business not necessarily as a responsibility of the City Council, Councilman Washington expressed support of creating an environment in which business may be successful and expressed an overall support of this request. Having met with the owner of Temecula Creek Inn, Mayor Pro Tem Roberts relayed his support of a General Plan Amendment. Concurring with Mayor Pro Tem Roberts, Mayor Comerchero as well suggested the inclusion of restaurants and conference center uses. Although expressing support of the request with the inclusion of the restaurant and conference center uses, Mr. Comerchero recommended the removal of the Planning Commission's recommendation to bypass the General Plan Amendment process. R:\Minutes\041205 20 MOTION: Mayor Comerchero moved to approve the recommendation of the Planning Commission with the exception of the removal of the General Plan Amendment. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. MOTION: Councilman Naggar moved to extend the meeting to 12 midnight. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval. Request No. 14 - 2-acre site at the northeast corner of Highwav 79 South and Jedediah Smith Road to change from Very Low Density to Professional Office - not supported bv the CAC or Planning Commission MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. Mayor Comerchero seconded the motion and electronic vote reflected unanimous approval. The following requests were submitted after the CAC provided its recommendation to the Planning Commission and City Council. Request No. 15 Has been withdrawn. Request No. 16 to chanQe a six-acre site on the east side of Winchester Road at Rustic Glen Drive from NeiQhborhood Commercial to Professional Office with the intent. as per the owner. to develop a senior housing proiect - the Planninq Commissioner supported the concept of a senior housing proiect but was unwillina to recommend approval of the reQuest without the review of a specific proiect MOTION: Councilman Naggar moved to retain the existing General Plan designation of Neighborhood Commercial. Mayor Pro Tem Roberts seconded the motion and electronic vote reflected unanimous approval. Request No. 17 - 3-acre site located at the southeast corner of Ynez Road and Tierra Vista to change the Land Use Designation from Professional Office to High Density Residential - the Planning Commission has recommended Medium Density · that the net affect with the proposed change to High Density would be the addition of 36 units · that a conceptual project has been shared with staff · that there are existing flag lots . that Professional Office would permit a high-density senior housing project Considering the close proximity of the site of discussion to the Duck Pond, Councilman Naggar noted that additional parking is needed at the Duck Pond and questioned whether a General Plan Amendment would increase this property's value. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Professional Office. Mayor Pro Tem Roberts seconded the motion and electronic vote reflected unanimous approval. R\Minutesl041205 21 Request No. 18 2-acre site on Pauba Road west of the two Neiahborhood Commercial properties to chanae from Verv Low Density to NeiQhborhood Commercial and remove the property from the Chaparral Area - the PlanninQ Commission did not support the request Councilman Naggar, echoed by his fellow Councilmembers, again reiterated his desire to review a project to ensure it would be compatible to adjacent uses. Because of the close proximity of the school, Mayor Pro Tem Roberts requested that those restrictions imposed on the existing business be imposed on any future project. MOTION: Councilman Naggar moved to retain the existing General Plan designation of Very Low Density. Councilman Washington seconded the motion and electronic vote reflected unanimous approval. Other Recommended Chanaes Remove the property for Land Use Request No. 2 from the Nicolas Valley Rural Preservation Area MOTION: With regard to Request No.2, Councilman Naggar moved to retain the 72 acres at the corner of Nicolas Road and Via Lobo in the Nicola Valley Rural Preservation Area. The motion was seconded by Councilwoman Edwards and electronic vote reflected approval with the exception of Mayor Comerchero who abstained. South side of Jefferson Avenue Corridor Having discussed this item with Director of Housing and Redevelopment Director of Housing and Redevelopment Meyer, Mayor Comerchero noted that the addition of the following language is being recommended: · that specific language be added to call for further analysis of the lower Jefferson Avenue Corridor. MOTION: Mayor Comerchero moved to add the above-mentioned language with regard to the Jefferson Avenue Corridor. The motion was seconded by Councilman Naggar and electronic vote reflected unanimous approval. Providing a brief recap of the General Plan process, Councilman Naggar thanked the City's consultant, staff, Community Advisory Committee, Planning Commission, the community, and his Council colleagues on a job well done. With regard to the Chaparral Policy, Councilman Naggar noted that he would view it as too dense. In response to Principal Planner Hogan, the following motion was offered: MOTION: Councilman Naggar moved to accept the recommended additional Airport Land Use Commission policies. The motion was seconded by Councilwoman Edwards and voice vote reflected unanimous approval. R:\Minutes1041205 22 I MOTION: Councilman Naggar moved to adopt Resolution Nos. 05-43 and 05-44. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. Echoing Councilman Naggar. Mayor Comerchero thanked all those involved in the process. CITY MANAGER'S REPORT No additional comment CITY An-aRNEY'S REPORT City Attorney Thorson advised that there were no reportable actions with regard to Item Nos. 1 and 2. With respect to Closed Session Item No.3, Mr. Thorson advised that the City Council had approved an agreement with the County of Riverside to seltle the City's litigation, challenging the Riverside County Integrated Project. The vote was three in favor, none opposed, and Mayor Comerchero and Mayor Pro Tern Roberts had not participated in the vote. Mr. Thorson noted that the Settlement Agreement requires the City and County to amend its General Plans to prohibit issuing building permits until housing projects' affects on major arterial roads are fully mitigated; that the Agreement as well calls for a freeway study to examine the affects of new housing on Western Riverside County freeways; and that a summary of the Seltlement Agreement and a copy of Settlement Agreement will be available tomorrow morning. ADJOURNMENT I At 12:15 A.M.. the City Council meeting was formally adjourned to a regular meeting on Tuesday. April 26, 2005, at 7:00 P.M., in the City Council Chambers, 43200 Business Pari< Drive, Temecula, California. J . .~ ATT!=ST: I R:\Minutss\()41205 23 ITEM 19 APPROVAL CITY ATTORNEY DIRECTOR OF FIN.A: CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/Citr1~~ Debbie Ubnos~ctor of Planning DATE: SUBJECT: July 26, 2005 Vinyards View Estates, Planning Application Nos. PA04-0390 & PA04-0392, Specific Plan Amendment (text and map-PA04-0390), and Tentative Tract Map No. 23103-2 (PA04-0392) PREPARED BY: Emery J. Papp, AICP, Senior Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. OS-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE VINYARDS VIEW ESTATES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLINET, AND KNOWN AS ASSESSOR PARCEL NOS. 953-390-007 AND 953-050-009 (PA04-0390 AND 04-0392). 2. Introduce an ordinance entitled: ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA 7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2 (20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING AREA 9A (PA04-0390). R:\T M\2004\04-0392 Vinyards View Estates\CC docs\CC Agenda Report 07-26-0S.doc 1 3. Adopt a resolution entitled: RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103- 2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-390-007 AND 953-050-009." (PLANNING APPLICATION PA04-0392). BACKGROUND/ANALYSIS: Specific Plan Amendment The proposed Specific Plan Amendment (SPA) includes text, map and exhibit changes for 18.32 acres that is currently undeveloped within Planning Areas 7 and 9 of the Margarita Village Specific Plan. The proposed changes to the Specific Plan Zoning Ordinance include changing the allowable density in Planning Area 7 from L-1 (1.0 dwelling unit/acre) to LM (4.5 dwelling units/acre), which would allow the minimum lot size to be reduced from one acre to 7,200 square feet. The proposed SPA also includes changing the allowable density in Planning Area 9A from L-1 (1.0 dwelling unit/acre) to L-2 (2.0 dwelling units/acre), which would reduce the minimum lot size from one acre to 20,000 SF. The proposed SPA will also require that the text and exhibits are revised to incorporate the proposed land use changes. The proposed changes will result in smaller lot sizes than currently permitted. The average lot sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent residential development in Tract 23209 (LM) to the west, and Tract 23100 (LM) to the south west. These two existing tracts contain lots with a density of 3 to 6 dwelling units to the acre, and range in size from approximately 8,000 square feet to 25,000 square feet. The proposed changes will result in a net increase of 18 dwelling units above the current Specific Plan designations for the subject site, including Planning Areas 7 and 9. However, the Specific Plan allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area. The proposed changes and increase in allowable units is consistent with the City's General Plan. Tentative Tract Map The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels, including 37 residential lots and 3 open space lots. The previous Specific Plan for the site did not contain designated open space areas and the Map merely reflects a higher density as provided by the recently amended General Plan. Lots range in size from 7,272 square feet to 24,803 square feet, with an average lot size of 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. The proposed project density is 2.64 du/acre in R:\T M\2004\Q4-0392 Vinyards View Estates\CC docs\CC Agenda Report 07-26-05.doc 2 Planning Area 7 and 1.08 du/acre in Planning Area 9A which is consistent with the City's General Plan and the Specific Plan requirements. Per the requirements of the Subdivision Ordinance (Section 16.03.060.A), two points of access are proposed off of Chemin Clinet at the south of the project site, and the extension of Ahern Place at the north of the project site. All proposed access conforms to the City's standards. As proposed, the project site will sit at a higher elevation than the adjacent Butterfield Stage Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This slope area will be landscaped per the City's requirements and will be maintained by the Temecula Community Services District. A 1.16 acre tot lot/open space area is proposed in Planning Area 9A, adjacent to existing residences to the west. This area will be maintained by the project's Homeowner's Association. The proposed Tentative Tract Map, upon approval of the Specific Plan Amendment, is consistent with the Margarita Village Specific Plan, Subdivision Ordinance, and General Plan. Environmental Review An initial study was prepared for this project which indicates that the project will have potential significant environmental impacts to Air Quality, Cultural Resources, Biological Resources, and Noise impacts unless mitigation measures are required and implemented. A Mitigation Monitoring Program was prepared to ensure compliance with required mitigation. Based on the required mitigation, staff recommends adoption of a Mitigated Negative Declaration for the project. Plannina Commission Action Chairman Mathewson noted that he could support the proposal to change the lot sizes in Planning Area 9 to half-acre lots if the homes in this Planning Area were restricted to single- story to provide a satisfactory buffer for surrounding areas. Commissioners Guerriero and Telesio were in full support of the project. Commissioner Ohlasso expressed her opposition to the project and noted the area should remain as one-acre lots. Commissioner Guerriero moved to approve the project. The project was approved 3-1-1-0, with Chairman Mathewson and Commissioners Guerriero and Telesio voting in favor, Commissioner Ohlasso voting in opposition, and Commissioner Chiniaeff absent. Two members of the public spoke in favor of the project; and, three members of the public spoke against the project, citing loss of property values associated with the increased density. FISCAL IMPACT: None. All costs associated with the proposed development will be paid by the developer. ATTACHMENTS: 1. Resolution No. 05-_ Mitigated Negative Declaration 2. Ordinance No. 05-_ Specific Plan Amendment 3. Resolution No. 05-_ Tentative Tract Map 4. Planning Commission Staff Report (June 1, 2005) 5. Excerpt from Draft Planning Commission Minutes (June 1, 2005) R:\T M\2004\04-0392 Vinyards View Estates\CC docs\CC Agenda Report 07-26-QS.doc 3 ATTACHMENT NO.1 CITY COUNCIL RESOLUTION NO 05-_ MITIGATED NEGATIVE DECLARATION R:\T M\2004\04.0392 Vinyards View Estates\CC docs\CC Agenda Report Q7-26-Q5.doc 4 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE VINYARDS VIEW ESTATES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLlNET, AND KNOWN AS ASSESSOR PARCEL NOS. 953-390-007 AND 953-050-009 (PA04- 0390 AND 04-0392). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Vinyard View Estates, LLC filed Planning Application Nos. PA04-0390 Specific Plan Amendment, and PA04-0392, Tentative Tract Map, in a manner in accord with the City of Temecula General Plan and Development Code and an initial study was prepared in accordance with CEQA Guidelines; and, B. The applications were processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, C. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 1, 2005 to consider the application of the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and, D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-40 recommending the City Council approval of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Project. E. On July 26, 2005 and 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On July 26, 2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 05-_; Section 2. The City Council of the City of Temecula hereby makes the following findings: R:IT M\2004104-0392 Vinyards View EstateslCC docslCC Reso Neg Dee Draft.doc 1 A. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an initial study of the potential environmental effects of the proposed Project. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. A copy of the Initial Study, Negative Declaration and Mitigation Monitoring Program are attached hereto as Exhibit "A" and incorporated herein by reference. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law and copies of the documents have been available for public review and inspection at the offices of the Planning Department, located at City Hall, 43200 Business Park Drive, Temecula, CA 92589. C. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration. The Project and the Mitigated Negative Declaration were discussed at a public hearing of the City Council held on July 26, 2005. D. CEQA. The Mitigated Negative Declaration was prepared in compliance with E. There is no substantial evidence that the Project, as conditioned, will have a significant effect on the environment. F. The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. G. The Mitigation Monitoring Program set forth in the Mitigated Negative Declaration has been prepared in accordance with law. Section 3. The City Council of the City of Temecula hereby approves the Mitigated Negative Declaration and Mitigation Monitoring Program for the Project as set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any and all necessary conditions that may be deemed necessary. R:\T M\2004\04-0392 Vinyards View Estates\CC docs\CC Resa Neg Dee Draft.doc 2 Section 4. PASSED, APPROVED AND ADOPTED on this 26th, day of July, 2005. Jeff Comerchero, Mayor ATTEST: Susan Jones, CMC, City Clerk SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) J HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of July, 2005 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS Susan Jones, CMC, City Clerk R;\T M\2004\04-0392 Vinyards View Estates\CC docs\CC Raso Nag Dee Draft.doc 3 ATTACHMENT NO.2 PC RESOLUTION NO. 2005 - INITIAL STUDY/MITIGATED NEGATIVE DECLARATION R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 8 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Proiect Title Vinvards View Estates Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Chervl Kitzerow, Associate Planner (951) 694-6400 PrOfect Location Northwest corner Butterfield Staoe Road and Chemin Clinet Project Sponsor's Name and Address Vinyards View Estates, LLC 8555 Aero Drive, Suite 305, San Dieoo, CA 92123 General Plan Designation Planninq Area 7 110.97 acres) Current/Proposed: Low Medium Density Residential (LM - 3-6 du/ac) Planninq Area 9A 17.35 acres) Current/Prooosed: Low Densitv Residential IL - 0.5-2 du/ac) Specific Plan Zoning Margarita Village Specific Plan, Planning Areas 7 and 9: Planninq Area 7 Currently: L-1 Residential (1 acre min. lot size) Proposed: Low Medium Residential (LM, 7,200 SF min.) Planninq Area 9A Currently: L-1 Residential (1 acre min.) Prooosed: L-2 Residential 120,000 SF min.) Specific Plan Land Use Designation Margarita Village Specific Plan, Planning Areas 7 and 9: Planninq Area 7 Currently: Low Density Residential (L) Proposed: Medium Density Residential (M) Planninq Area 9A - no chanqe Currently: Low Density Residential (L) Pronosed: Low Densilv Residential Il) Description of Project The proposed project includes a Specific Plan Amendment (text and map-PA04-0390), and Tentative Tract Map No. 23103-2 (PA04- 0392). The project area includes 18.32 acres that is currently undeveloped. Planning Area 7 is 10.97 acres located at the north half of the project site. Planning Area 9A is 7.35 acres located at the south half of the site (Planning Area 9A is a portion of the 10 acre Planning Area 9 of the Margarita Village Specific Plan. Three acres of Planning Area 9 is currently developed as the Chardonnay Hills Recreation Center and is not part of the subject application as it is under separate ownership and no changes are proposed). The Specific Plan Amendment is a request to amend the zoning designation from L-1 (one acre minimum) to Low Medium (7,200 square feet minimum) in Planning Area 7, and from L-1 (one acre minimum) to L-2 (20,000 SF min.) in Planning Area 9. The proposed Specific Plan amendment also includes a request to change the land use in the Specific Plan from Low Density to Medium Density in Planning Area 7. No specific plan land use change is proposed for Planning Area 9. The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 oarcels, includinQ 37 residential lots R:IT M\2004104-0392 Vinyards View EstateslEnv Docsllnitial Study.doc Surrounding Land Uses and Setting Other public agencies whose approval is required . and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9A - 8 residential lots). Surrounding land uses include existing single family residences to the north and west with a minimum lot size of 7,200 square feet adjacent to Planning Area 7 and 10,000 square feet adjacent to Planning Area 9A. The existing Recreation Center for the Chardonnay Hills development is to the south of the project site. Butterfield Stage Road abuts the project site to the east with vineyards located in the Countv east of Butterfield Staoe Road. Other public agencies which may require approval and/or subsequent permits include: U.S Army Corps of Engineers (USACE), California Department of Fish and Game, Regional Water Quality Control Board. R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Aoricult\lre Resources X Noise X Air Qualitv Pooulation and Housino X BiolOQical Resources Public Services X Cultural Resources Recreation Geoloov and Soils T ransoortationlT raffic Hazards and Hazardous Materials Utilities and Service Svstems HydrOloQY and Water Quality X Mandatorv Findinos of Sionificance Land Use and Plannino None Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be oreoared. I find that although the proposed project could have a significant effect on the environment, there will not X be a significant effect in this case because revisions in the project have been made by or agreed to by the oroiect orooonent. A MITIGATED NEGATIVE DECLARATION will be oreoared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analvze onlv the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed oroiect, nothino further is required. Signature Date Chervl Kitzerow. Associate Planner Printed name Citv of Temecula For R:\T M\2004\04-0392 Vinyards View Estates\Env Oocsllnitiai Study.doc 3 1. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Issues and $unnortina Information Sources Significant Mitigation Significant No Imnact Inco";:;'orated lmoaet Imoact a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not X limited to, trees, rock Dutcroppings, and historic buildings within a state scenic hiahwav? c. Substantially degrade the existing visual character or X oualitv of the site and its surroundinos? d. Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Comments: 1. a.-b: No Impact The proposed project is not located on or near a scenic vista Dr scenic highway. The project site is currently vacant with no structures, trees or rock outcroppings on the site. Therefore, the project would not substantially degrade the existing visual character Dr quality of the site and its surroundings, and no significant impact is anticipated. 1. c: Less than Significant Impact: The project site consists of 18 acres. The site is characterized by gently sloping topography with a small drainage course running from east to west. The sloping topography generally is not natural and consists of 40,000 cubic yards of stockpile material that has been placed on the site in the past during the construction of Butterfield Stage Road. Adjacent uses include Butterfield Stage Road to the east (with county vineyards on the other side of the road), medium density residential (6,000 SF minimum) to the west of Planning Area 9A and low medium density residential (7,200 SF minimum) to the west of Planning Area 7. According to the City of Temecula General Plan, the project site does not include any scenic resources and is not known for its visual character. There is no public viewing areas in the immediate vicinity that would be impacted as a result of the proposed project. While the project will be visible from various residential lots, a less than significant impact is anticipated because the views are considered private and are not considered to be of public benefit. As proposed, the project site will sit at a higher elevation than the adjacent Butterfield Stage Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This slope area will be landscaped per the City's requirements and will be maintained by the Temecula Community Services District. The Tentative Map has been designed with Lots 1 through 6 approximately 9 feet lower than adjacent residences; Lots 7 through 15 approximately 5 feet lower; Lots 16 through 27 approximately 15 feet higher; and Lots 29 through 37 at a similar elevation to adjacent homes. To reduce potential impacts to adjacent residences to the west, the project design includes the continuation of an adjacent open space lot (Tract 23100-5), single-loaded street design for Lots 1 through 6, and Specific Plan text requiring Lots in Planning Area 9A (Lots 1-6) to be single-story homes. In addition, the Margarita Specific Plan includes design guidelines for the development of the site to ensure compatibility in architecture with the adjacent homes to the west within the Specific Plan. The project area is within Village "B" of the Specific Plan. This area requires custom homes on lots within Planning Area 9A, which will be a minimum of 2,500 square feet and single story. Planning Area 7 homes will be designed to be a minimum of 2,200 square feet and either Spanish, Mediterranean or French architectural styles. These requirements will ensure the development is aesthetically pleasing. As proposed, the project will not degrade community character and therefore no significant impacts are anticipated. 1. d.: Less Than Significant Impact: The proposed project is currently vacant with no sources of light or glare. The proposed project will introduce new generators of light and glare typically associated with residential development. The City of Temecula requires all new development to comply with the Riverside County Mount R:\T M\2004\04-0392 Vinyards View EstateslEnv Docsllnitial Study.doc 4 Palomar Ordinance 655. Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Decorative lighting is allowed, however decorative lighting is required to be shut-off by 11 :00 P.M. By shutting off decorative lighting at 11 :00 PM, the amount of light and/or glare will be reduced during late evening hours, thus preserving the visibility of the night sky for scientific research from the Mount Palomar Observatory. Compliance with all Development Code and Ordinance requirements would reduce potential light and glare impacts to surrounding properties to less than significant. Therefore, potential light and glare impacts from the project would be less than significant. 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Sunnnrtinn Information Sources I~nact Inco";:'orated Imnact Imnact a. Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-aqricultural use? b. Conflict with existing zoning for agricultural use, or a X Williamson Act contract? c. Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-aoricultural use? Comments: 2. a.-c.: No Impact: The project site is not currently in agricultural production and in the recent and historic past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. This property is not considered prime or unique farmland of statewide or local importance as identified by the State Department of Conservation and the City of Temecula General Plan. In addition, the project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Su run Information Sources a. Conflict with or obstruct implementation of the applicable air uali Ian? b. Violate any air quality standard or contribute substantially to an existin or ro'ected air uali violation? c. Result in a cumulatively considerable net increase of any criteria Dllutant for which the ro'ect re ion is nDn- R:IT M\2004\04-0392 Vinyards View EstateslEnv Docs\lnitial Study. doc Potentially Significant 1m act Potentially Significant Unless Mitigation Inco orated X Less Than Significant 1m act No 1m act X X 5 d. attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed uantitative thresholds for ozone recursors? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of eo Ie? x e. x Comments: 3. a.-e.: Potentially Significant Unless Mitigation Incorporated: The proposed project is located in the southwest portion of the South Coast Air Basin. The Environmental Protection Agency designates areas of Ozone (03), Carbon Monoxide (CO) and Nitrogen Oxides (NOx) as either "Does not meet the primary standards", "Cannot be classified", or "Better than national standards". The primary air quality problems in the area are ozone and particular matter. The Basin has been designated as an "extreme" non-attainment area for ozone. The Basin exceeds both the state and federal standards for ozone and both the state and federal standards for particulate matter PM10. The proposed project may potentially result in a cumulatively considerable net increase of pollutants for which the project region is considered non-attainment under an applicable federal Dr state ambient air quality standard. The proposed project is not considered a significant pollutant generator in regards to the immediate surrounding area. However, the project site may be a significant pollutant generator for the South Coast Air Basin since the basin is currently a non-attainment area. The General Plan EIR identifies the Temecula area as having significantly cleaner air than the other areas in the South Coast Air Basin. The cleaner air in the Temecula area is due to the geographical location and prevailing wind pattern. While the project site is located within a non-attainment area, the project as a stand alone project will not emit pollutants considered to be significant. A project specific Air Quality Analysis was prepared and submitted to the City for review (dated March 28, 2005). The report concluded that the project will potentially impact air quality almost exclusively through increased automotive emissions. Minor secondary emissions during construction, from increased fossil-fueled energy utilization and from small miscellaneous sources will also be generated, but these are usually much smaller in both duration and volume than the mobile source emissions. Construction Activities: Construction pollutant emission generators would consist primarily of haul truck activities such as concrete and other suppliers, graders and pavers, contractor vehicles, and ancillary operating equipment such as diesel- electric generators and lifts. The SCAQMD CEQA Air Quality Handbook (1993) includes construction activity screening thresholds to determine whether a project would exceed thresholds and result in significant impacts. The screening table thresholds for construction are as follows: Less-than-Significant Threshold 1,309,000 SF residential Size Proposed Project Percent of Threshold (%) 148,000 SF (37 units x 4,000 11.3 SF/unit 18.8 acres 10.6 The project size is sufficiently limited as to not exceed thresholds. However, because of the non-attainment status of the air basin, maximum feasible mitigation measures to reduce cumulative impacts to PM-10 and ozone from construction activities are included below. Short-term construction activities during site grading may exceed recommended SCAQMD significance thresholds for NOx depending upon disturbance acreage and amount of equipment onsite. Daily emissions for ROG may exceed the daily threshold during the application of paints and coatings if the entire project is painted in a brief period of time. The daily disturbance R:\T M\2004\04-0392 Vinyards View EstateslEnv Docsllnitial Study.doc 6 acreage, equipment usage and construction phasing are unknown at this time. Mitigation for potential effects is included to reduce the potential for any short-term construction activity impacts. OoeratiDnallmoactsNehicular Emissions Levels: Motor vehicles are the primary source of emissions associated with the proposed project. Based on the URBEMIS2002 model used to calculate daily emissions increases associated with the proposed project, approximately 451 (37 units x 9.57 trips/DU) vehicle trips are anticipated at the build out of the project. The project related mobile source emissions burden, along with a comparison of SCAQMD recommended significance thresholds (pounds/day) are identified below. ROG NOx CO PM-10 SOx Area Source 1.92 .78 .78 0.0 0.01 Emissions Mobile Source 4.31 4.54 52.48 4.23 0.05 Emissions , TOTAL 6.24 5.32 53.27 4.23 0.06 SCAQMD 55 55 550 150 150 Threshold As illustrated no impacts will result from the proposed project based on the URBEMIS 2002 model. In addition, because the total units do not exceed the anticipated/allowable units with the Margarita Village Specific Plan, no significant impacts are anticipated. The City of Temecula has adopted and certified an Environmental Impact Report for the Citywide General Plan Update. The EIR identified various significant impacts that could not be mitigated to a less than significant level. The City Council of the City of Temecula adopted Resolution 2005-43, a statement of overriding consideration for these impacts that could not be mitigated to a less than significant level. Included as part of the statement of overriding consideration were air quality standards and compliance with SCAQMD air quality plan. The proposed project is consistent with goals and policies within the General Plan. Based on the above information, the proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people. The only sensitive receptor in proximity to project site is Rancho Elementary School on La Serena, which is located within approximately 3500 feet of the project site. These potential impacts are considered less than significant with the implementation of the required mitigation measures. The applicant is required to comply with the mitigation measures outlined in the Air Quality study to reduce potential impacts to below a level of significance. The following Conditions of Approval and/or Mitigation Measures will be incorporated on the following entitlements as a part of the proposed project (Specific Plan Amendment, and Tentative Tract Map): Prior to the issuance of a grading and/or building permit (as applicable), the Applicant shall submit written proof of the satisfaction of each of the below mitigation measures to the Planning Department, unless otherwise stated. All control techniques shall be clearly indicated on the project grading and construction plans. Compliance with these measures shall be subject to periodic site inspections by the City. 1. The applicant shall incorporate energy efficiency standards as defined by Title 24 into the project. The applicant shall comply with the latest Title 24 standards. 2. Prior to the issuance of a grading permit and during the duration of construction activities, the Applicant shall verify in writing (to the Planning Department) that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected R:IT M\2004104-Q392 Vinyards View EstateslEnv Docsllnitiai Study.doc 7 and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. 3. All diesel-powered vehicles and equipment shall be maintained in a manner to minimize NOx emissions through regular tune-ups. 4. All diesel-powered vehicles shall be turned off when not in use for more than five (5) minutes, and the gasoline-powered equipment shall be turned off immediately when not in use. 5. Electrical and/or natural gasoline-powered equipment should be utilized in-lieu of gasoline or diesel-powered engines. 6. If construction equipment powered by alternative fuel sources (LPG/CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the project site. 7. Contractors should use particulate filters on diesel construction equipment, if such filters are available and are cost-competitive for use with this project. 8. During construction and all grading phases, the project site shall be watered down, to prevent fugitive dust and erosion, in the morning before grading and/or before construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. 9. During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 25 miles per hour, averaged over an hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on- site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. 10. The applicant shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized below: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. c. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 8 d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. 11. Prior to the issuance of a grading and building permits, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. 12. During the course ofthe project grading and construction, the applicant shall post signs on-site limiting construction related traffic and all general traffic to 15 miles per hour or less. 13. Graded and/or excavated inactive areas of the construction site shall be monitored by the Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such as water and roll compaction and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over three days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered to establish and maintain grass growth, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election of treatment made by the Applicant. 14. During the course of the project grading and construction, the Applicant shall sweep adjacent streets and roads so as to prevent the placement or accumulation of dirt in the roadway. Where vehicles leave the construction site and enter adjacent public streets the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible soil track-out extending more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. 15. The construction contractor shall schedule the construction activities so as not to interfere with peak hour traffic as much as possible, and if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. 16. The construction contractor should utilize as much as possible precoated/natural colored building materials. Water-based or low VOC coatings should be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application shall be used to reduce VOC emissions. 4. BIOLOGICAL RESOURCES. Would the project? Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suooortina Information Sources Impact Incomorated Imoact Imoact a. Have a substantial adverse effect, either directly Dr X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, Dr regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? R:IT M\2004104-0392 Vinyards View EstateslEnv Oocsllnitiai Study.doc 9 c. Have a substantial adverse effect of federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d. Interfere substantially with the movement of any native X resident Dr migratory fish or wildlife species or with established native resident Dr migratory wildlife corridors, or imoede the use of native wildlife nurserv sites? e. Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, Dr state habitat conservation plan? Comments: 4. a., c-f.: No Impact: The project site is currently vacant and disturbed. Approximately 40,000 cubic yards of fill material have been stockpiled on the site for several years. The site is located within the Stephen's Kangaroo Rat Habitat Fee Area. Habitat Conservation fees will be required as a standard condition of approval to offset the effect of cumulative impacts to the species from urbanization occurring throughout western Riverside County. The project site is a part of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and became effective March 12, 2004. The ordinance requires all projects submitted after June 22, 2004 to be analyzed to ascertain if a Habitat Assessment is required. The subject application was received prior to this date. Although the project is not subject to the Habitat Assessment requirement of the MSHCP, the impact fees associated with the ordinance apply to all development applications submitted after the effective date, to which this project is subject. There are some grasses on the project site, however they are not considered sensitive habitat, nor is the site a part of a wildlife corridor. No impact is anticipated as a result of the proposed project. 4.b.: Potentially Significant Unless Mitigation Incorporated: A 450+/- foot long non-blue line natural stream course is located on the project site between Julo Way and the future alignment of Butterfield Stage Road. Thomas Leslie Corporation performed a field visit to the site in order to determine the acreages of state and federal waters delineated within the stream course. A letter dated January 5, 2004 indicates that no wetlands, or riparian habitat were observed along the stream course. Based on the field data, 0.06 acres of jurisdictional state and federal non-wetland waters was delineated. Filling of the jurisdictional waters will require issuance of Nation Wide Permit 39 (NWP) from the U.S. Army Corps of Engineers. Use of a NWP 39 requires procurement of a 401 water quality control permit from the Regional Water Quality Control Board (RWQCB) and a 1603 Streambed Alteration Agreement from the California Department of Fish and Game (DF&G). Implementation of the following mitigation measure will reduce potential project impacts to less than significant: 1. The applicant shall obtain a Department of the Army Permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act, a Streambed Alteration Agreement from the California Department of Fish and Game, and a Section 401 Water Quality Certification from the Regional Water Quality Control Board. Proof of permit approval from all agencies shall be submitted to the City Planning Department prior to issuance of any grading permit. R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 10 5. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supportina Information Sources ImDaet Incoroorated Irnaaet Imoact a. Cause a substantial adverse change in the significance of X a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of X an archaeoloqical resource oursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological X resource or site or uniaue aeolooic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Comments: 5. a-b.: No Impact: Construction of the proposed buildings will occur on land that has been previously graded, disturbed or used for stockpiling. An Archaeological Survey was prepared by Brian Smith & Associates (October 18, 2004) to survey the property for any evidence of prehistoric or historic cultural resources. An archaeological records search performed for the subject site found no previously identified cultural resources within the project boundaries. In addition, an on-site archaeological survey resulted in no cultural resources identified. Additionally, neither the City of Temecula General Plan Environmental Impact Report nor the City's General Plan identifies this project site as an area of significant cultural resources; therefore no impacts to cultural resources are anticipated. 5. c-d.: Potentially Significant Unless Mitigation Incorporated: The City of Temecula General Plan (Figure 5-7) identifies the project site as an area with a high potential for paleontological resources. A Phase 1 Study for Paleontological mitigation and monitoring was prepared by Brian Smith & Associates (October 6,2004) for the project site. The site is characterized by sandstone facies of the Pauba Formation, which has a well documented record of producing numerous vertebrate and invertebrate fossils. The report includes mitigation measures required for the project (items 1-4 below). Additional mitigation is proposed to reduce potential impacts to human remains. 1. Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following monitoring will occur (e.g., contract with qualified professional): Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources by a qualified paleontogist or paleontological monitor. 2. Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Preparation of recovered specimens to a point of identification and permanent preservation, including screen-washing of sediments to recover small invertebrates and vertebrates. 3. Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the San Bernardino County Museum). The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. 4. Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Preparation of a final R:\T M\2004\04-0392 Vinyards View EstateslEnv Docs\lnitial Study.doc 11 monitoring and mitigation report of findings and significance, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location. 5. Prior to the issuance of a grading permit, the applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. 6. The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition. 7. The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities. 8. If sacred sites are discovered during ground disturbing activities, they shall be avoided and preserved. 6. GEOLOGY AND SOILS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suooortina Information Sources Impact Incorporated Impact Impact a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvinq: i. Rupture of a known earthquake fault, as delineated on X the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and GeolDav Soecial Publication 42. ii. Strong seismic ground shaking? X iii. Seismic-related qround failure, includinQ liquefaction? X iv. Landslides? X b. Result in substantial soil erosion or the loss of toosoil? X c. Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B X of the Uniform Building Code (1994), creating substantial risks to life or properly? e. Have soils incapable of adequately supporting the use of X septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6. a. i-iv: Less Than Significant Impact: The subject site is not within an Alquist-Priolo Special Studies Zone for faulting, and no faults are known to be present at the site (General Plan Figure 7-1). The nearest mapped faults are the Wildomar and Willard Faults (within the Elsinore fault zone) which lie approximately 2.5 and 3.2 miles west of the site, respectively. These faults are considered to be active and potentially active, R:\T M\2004\04-0392 Vlnyards View Estates\Env Docs\lnitial Study.doc 12 respectively. However, this is not considered significant. No significant impacts are anticipated as a result of this project. 6. b.: Less than Significant Impact: The project will not result in substantial soil erosion or the loss of topsoil. The project site will be developed in accordance with City standards, including National Pollution Discharge Elimination System (NPDES) standards, which require the implementation of erosion control and best management practices (BMP's). The Final Environmental Impact Report for the City of Temecula General Plan has not identified any known landslides or mudslideirlocated on the site or proximate to the site. No significant impacts are anticipated as a result of this project. 6. c.: Less Than Significant Impact: The project is not located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. According to General Plan Figure 7-2 the project site is not within a Liquefaction Hazard Area or Areas of Potential Subsidence. No significant impacts are anticipated as a result of this project. 6. d.: No Impact: The project is not located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property. 6. e.: No Impact: The project site will not utilize septic tanks. A public sewer system is available and approvals from the Department of Environmental Health for solid wastes and waste water will be required. The project will connect to the public sewer system. No impacts are anticipated as a result of this project. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suooortina Information Sources Imoact Incoroorated Imnact Imnact a. Create a significant hazard to the public or the X environment through the routine transportation, use, or disposal of hazardous materials? b. Create a significant hazard to the public Dr the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous Dr X acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existinQ or orooosed school? d. Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing Dr working in the proiect area? f. For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or workinG in the Droiect area? g. Impair implementation of or physically interfere with an X adooted emerqencv resoonse olan Dr emeroencv R:IT M\2004104-0392 Vinyards Vi"" EstateslEnv Docsllnitial Study.doc 13 h. evacuation olan? Expose people Dr structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? x Comments: 7. a.: No Impact: The project will not create a significant hazard to the public Dr the environment through the routine transportation, use, or disposal of hazardous materials. The proposed project consists of a residential development and will not generate hazardous materials that would create a significant hazard. Typical transportation, use and disposal of wastes associated with residential uses are anticipated, however these are not considered potentially significant. No impacts are anticipated as a result of the proposed project. 7. b.: No Impact: The proposed project will not create a significant hazard to the public Dr the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The proposed project consists of single family residential development. The releases of hazardous materials into the environment are not anticipated as a result of the proposed project. No impact is anticipated as a result of the proposed project. 7. c.: No Impact: The proposed project is located within three-quarters of a mile of an existing elementary school located on La Serena Drive. However, the proposed project is not anticipated to emit substantial emissions, materials or wastes that would create a significant impact. The project is required to implement mitigation measures to reduce air quality emissions as required in the Air Quality analysis. A less than significant impact is anticipated as a result of the proposed project. 7. d.: No Impact: The project site is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, would not result in a significant hazard to the public or the environment. No impact is anticipated as a result of the proposed project 7. e-f.: No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airstrip. Zone E of the French Valley Airport is located approximately 2,500 feet from the northern most boundary of the subject site. No impact upon airport uses will result from this proposal. 7. g.: No Impact: The proposed project is located within an urban area within the city limits. Emergency response or evacuation plan routes include the City's roadway network. The proposed project does not involve impeding or modify existing roadways and therefore, would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact is anticipated as a result of the proposed project. 7. h.: No Impact: The proposed project is and is therefore, not located in or near a wildland area that would be subject to fire hazards. The location of the proposed project would not expose people or structures to a significant risk or loss, injury or death involving wildland fires. No impact is anticipated as a result of this project. 8. HYDROLOGY AND WATER QUALITY. Would the project: a. Issues and Su rtin Information Sources Violate any water quality standards or waste discharge re uirements? Potentially Significant 1m act Potentially Significant Unless Mitigation Inco orated Less Than Significant 1m act X No 1m act R:\T M\2004\04-0392 Vinyards View EstateslEnv Docs\lnitial Study.doc 14 b. Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which Dermits have been oranted)? c. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream Dr river, or substantially increase the rate or amount of surface runoff in a manner which would result in floodinq on- Dr off-site? e. Create or contribute runoff water which would exceed the X capacity of existing or planned storm water drainage systems or provide substantial additional sources of oolluted runoff? f. Otherwise substantially deQrade water oualitv? X g. Place housing within a 1 OO-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 1 OO-year flood hazard area structures X which would imoede Dr redirect flood flows? i. Expose people or structures to a significant risk of loss, X injury Dr death involving flooding, including flooding as a result of the failure of a levee or dam? i. Inundation by seiche, tsunami, or mudflow? X Comments: 8. a.: Less Than Significant Impact: The proposed project would not violate any water quality standards or waste discharge requirements because the proposed project is required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge Elimination System standards. An Army Corps of Engineers permit may be required if the project proposes fill material within "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. The applicant is required to consult with the Department of the Army to determine the appropriate permits required, if any. A less than significant impact is anticipated as a result of the proposed project. 8. b.: No Impact: The proposed project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The proposed project is required to comply with local development standards, including lot coverage and landscaping requirements, which will allow percolation and ground water recharge. The nearest water wells are located at Nicholas Road northwest of the project site and along Meadows Parkway, southwest of the subject site. No impact is anticipated as a result of the proposed project. 8. c.-e.: Less Than Significant Impact: The proposed project would not substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site, or increase the rate Dr amount of surface runoff in a manner which would result in flooding on- or off-site. The proposed project would not create or R:IT M\2004104-0392 Vinyards ~ew EstateslEnv Docsllnitiai Study.doc 15 contribute runoff water which would exceed the capacity of existing Dr planned storm water drainage systems or provide substantial additional sources of polluted runoff. The proposed project will include an on-site drainage plan. The City of Temecula Public Works Department reviews all drainage plans and determines adequate drainage facilities are in place capable of on-site drainage and that off-site drainage facilities can accommodate additional flow. The project is also required to comply with Best Management Practices (BMP's), Regional Water Quality Control Board (RWQCB) regulations as well as National Pollution Elimination Discharge System (NPDES) standards, which addresses drainage, siltation and erosion. A less than significant impact is anticipated as a result of the proposed project. 8. f.: No Impact: The proposed project would not otherwise degrade water quality because the proposed project is not considered a significant pollutant generator and will not include excessive fertilizer application or other similar materials that could degrade water quality. No impact is anticipated as a result of the proposed project. 8. g.-h.: No Impact: The proposed project site is outside both the 100-year and 500-year flood plain per the Flood Insurance Rate Map (Community Panel 060742 0005B) and General Plan (Figure 7-3). No impact is anticipated as a result of the proposed project. 8. L: No Impact: The proposed project would not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. The proposed project is not located in a Dam Inundation area for the Lake Skinner Dam or the Vail Lake (General Plan Figure 7-4). No impact is anticipated as a result of the proposed project. 8. j.: No Impact: The proposed project is not located near a coast line which would be subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. 9. LAND USE AND PLANNING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SUDDortino Information Sources Imoact lncor~orated Imoact Imoact a. Phvsicallv divide an established cDmmunitv? X b. Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, Dr zoning ordinance) adopted for the purpose of ayoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or X natural community conservation plan? Comments: 9. a. and c: No Impact: The proposed project is currently zoned for residential uses, adjacent to existing residential uses to the north, south and west, and Butterfield Stage Road to the east. As proposed, the project will not divide an established community. The project site is a part of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), which was adopted by City Council on January 13, 2004, and became effective March 12, 2004. The ordinance requires all projects submitted after June 22, 2004 to be analyzed to ascertain if a Habitat Assessment is required. The subject application was received prior to this date. Although the project is not subject to the Habitat Assessment requirement of the MSHCP, the impact fees associated with the ordinance apply to all development applications submitted after the effective date, to which this project is subject. No impact is anticipated as a result of the proposed project. R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 16 9. b.: Less than Significant Impact: The proposed project is consistent with the General Plan Land Use designations of Low Density Residential (L) and Low Medium Density Residential (VL). These designations allow residential uses with a density of 0.5 to 2.0 dwelling units per acre in areas designated Low Density (Planning Area 9A) and 3 to 6 dwelling units per acre in areas designated Low Medium Density (Planning Area 7). The project density is consistent with the density ranges. Planning Area 7 density is proposed at 2.64 dwelling units per acre; Planning Area 9A density is proposed at 1.08 dwelling units per acre. The project site is within the boundaries of the Margarita Village Specific Plan. The proposed project includes a Specific Plan Amendment to change the land use designations and residential (zoning) districts for Planning Areas 7 and 9. The land use change includes a request to change from Low Density Residential (L - 0.4 to 2 du/ac) to Medium Density Residential (M - 2 to 5 du/ac) in Planning Area 7. The residential designation changes would reduce the minimum lot sizes on the site from a minimum of one acre to 20,000 square feet in Planning Area 9A and 7,200 square feet in Planning Area 7. As a result of the proposed changes and upon approval of the Specific Plan Amendment, the proposed 37 residential units will be consistent with the Margarita Village Specific Plan. The proposed changes would result in smaller lot sizes than anticipated. The average lot sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent residential development to the west. The proposed changes will also result in a net increase of 18 dwelling units from the current Specific Plan designations for the subject site, including Planning Areas 7 and 9. However, the Specific Plan allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area. Therefore, no significant impact to land use and planning would result from the project. 10. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Sunrmrtina Information Sources Imoact IncorOorated Imoaet Imoact a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local aeneral plan, specific plan Dr other land use plan? Comments: 10. a.-b.: No Impact: The proposed project is not located in an area that is known to include minerals that are considered of value to the region and/or the state. The proposed project will not result in the loss of a locally- important mineral resource because the project site is not identified as an important site known to maintain such resources as shown in the Final EIR for the City of Temecula General Plan. No impact is anticipated as a result of the proposed project. R:IT M\2004104-0392 Vinya'ds View EstateslEnv Docsllnitiai Study.doc 17 11. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than Issues and $uDoortina Information Sources Significant Mitigation Significant No r~n~ct Inco";'orated Imnact lmcact a. Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other aoencies? b. Exposure of persons to or generation of excessive X Qroundborne vibration or Qroundborne noise levels? c. A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the oroiect? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the oroiect? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the Droiect area to excessive noise levels? Comments: 11.a,d: Potentially Significant Unless Mitigation Incorporated: The project may potentially expose persons to Dr generate noise levels in excess of standards established in the General Plan. The City's noise standard fro residential development is 65 dBA CNEL (exterior usable space) and 45 dBA CNEL (interior habitable space). If these levels are predicted to be exceeded due to area-wide build-out traffic, mitigation in the form of perimeter walls for outdoor recreation areas and structural upgrades for habitable rooms may be required. The one noise source associated with development is noise from construction activities. These activities may result in temporary vibration or activities resulting in a noise level in excess of the standards within the general plan and noise ordinance. The City has adopted Ordinance 90-04 which limits the hours of construction activity to the hours of 6:30 a.m. to 6:30 p.m., Monday - Friday, and 7:00 a.m. to 6:30 p.m. on Saturday, and no construction on Sunday. A Noise Impact Analysis was prepared by Giroux & Associates for the proposed project to analyze noise impacts for the project site. Butterfield Stage Road is the only non-residential roadway adjacent to the project site which requires traffic noise analysis. The reference noise level at 50 feet from the centerline along Butterfield Stage Road is 73.6 dBA CNEL. Usable outdoor space was measured 10 feet from the top of the proposed slope to the centerline of the road. The following mitigation measures are required for the residential lots adjacent to the roadway: 1. Exterior perimeter sound walls shall be constructed in the following locations: Lots 1, 2, 20, & 12 Lots 3, 4 through 9 Lots 11 & 36 Lot 38 5-foot minimum height 4-foot minimum height 6-foot minimum height 6.5-foot minimum height R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 18 2. An interior noise analysis shall be submitted in conjunction with building plan check to verify that structural noise reduction as follows will be achieved in livable upstairs space at the perimeter tier of homes by the specified structural components shown on the building plans: Butterfield Stage Road -27 dB (attenuation) 3. Building Plans shall include the following: Supplemental ventilation is required for all perimeter units abutting Butterfield Stage Road, capable of providing 75 CFM of fresh make-up air. The make-up air duct should face away from the perimeter roadway. 11. b-c.: Less Than Significant Impact: The project will not expose persons to Dr generate excessive groundborne vibration or ground borne noise levels that are permanent. Construction activity may generate groundborne vibration but as discussed above this is considered temporary and construction hours are limited by City Ordinance. The project will not result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The proposed project is for single family residential uses not associated with the creation of project-related traffic noise impacts. The proposed project will generate approximately 370 vehicle trips per day (37 units x 10 trips/day). These trips will be dispersed over a number of area roadways. The traffic noise from all 370 trips per day at 50 feet from the centerline of any single street at 50 mph is 54 dBA CNEL. Such levels are well below the 65 dBA CNEL residential standard. No significant impact is anticipated as a result of the project. 11.e-f: No Impact: This project is not within two miles of a public airport or public or private use airport. Therefore, people residing in the project area will not be exposed to excessive noise levels generated by an airport and no impacts will result from this project. 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SUDDortina Information Sources Imoact IncorDorated Imo8ct Imoact a. Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the X construction of reolacement housinQ elsewhere? Comments: 12.a: Less than Significant Impact The proposed project will result in the development of 37 single-family residences, a net increase of 18 homes from that anticipated with the existing land use designations, which is not considered a substantial growth in population. In addition, the 37 units will still result in 186 less total units than approved for the Margarita Village Specific Plan development. As proposed, the project will involve minimal extension of existing roads (Ahern Place and local residential streets), which is not considered significant and will not cut-off circulation of existing roads. 12. b.-c.: No Impact: The project will not induce substantial growth in the area either directly or indirectly. The project site is vacant and therefore, will not displace substantial numbers of people Dr existing housing. The project will neither displace housing nor people, necessitating the construction of replacement housing. No impacts are anticipated as a result of this project. R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 19 13. PUBLIC SERVICES. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Surlnortina Information Sources Imoact IncorCorated Imosct Imaaet a. Would the project result in substantial adverse physical X impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Comments: 13. a.: Less Than Significant Impact: The project will have a less than significant impact upon, or result in a need for new or altered fire, police, recreation or other public facilities. The project will incrementally increase the need for some services. However, the project will contribute its fair share through City Development Impact Fees to be used to provide public facilities. The project will not have an impact upon, and will not result in a need for new or altered school facilities. The project will not cause significant numbers of people to relocate within or to the City. The project will have a less than significant impact upon the need for new or altered public facilities. The Rancho California Water District and the Riverside Department of Environmental Health have been made aware of this project. A condition of approval has been placed on this project that will require the proponent to obtain "Will Serve" letters from all of the public utilities agencies. Service is currently provided for the surrounding residential development, so extending service to this site is possible, which would result in less than significant impacts as a result of the project. 14. RECREATION. Potentially . Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suooortino Information Sources Imeact IncorOorated Imoact Impact a. Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: 14. a.-b.: Less then Significant Impact: The proposed project includes the development of 37 single-family residences, as well as a 1.16 acre passive open space lot. This recreation area will be available to the R:IT M\2004104-0392 Vinyards View EstateslEnv Docs\lnitial Study. doc 20 residents and will include play equipment for children, turf area, benches and possibly barbeque facilities. The project will not displace recreationally zoned lands Dr remove vacant lands that are used for recreational purposes. The anticipated need to increase the neighborhood or regional parks or other recreational facilities as a result of this project is not anticipated. 15. TRANSPORTATION/TRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Suooortino Information Sources Imoact Inco~orated lmnact rmnact a. Cause an increase in traffic which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, Dr conaestion at intersections)? b. Exceed, either individually or cumulatively, a level of X service standard established by the county congestion manaaement aoencv for desiqnated roads or highways? c. Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safetv risks? d. Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incomoatible uses ie.a., farm eauioment)? e. Result in inadequate emerqencv access? X f. Result in inadeouate oarkino caoacitv? X g. Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus tumouts, bicvcle racks)? Comments: 15. a.-b: Less Than Significant: The proposed project is consistent with the General Plan allowable density. A Traffic Count Analysis was prepared by Mahmoud Dibas, PE for the project. The report was reviewed by the City's Traffic Engineer and based on the following analysis, the report was deemed adequate and no additional traffic impacts are anticipated as a result of the project. The proposal includes 37 residential units (353.35 ADT). The project area is within the Margarita Village Specific Plan. The Specific Plan allowed a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area. The project will be required to contribute to the Traffic Signal and Street Improvement components of the Development Impact Fees prior to the issuance of any building permits. No significant impacts are anticipated. 15. c.: No Impact: Development of this property will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. This site is not within the French Valley Airport influence area. Therefore, no impacts are anticipated as a result of the project. 15. d.: No Impact: The project will not result in hazards to safety from design features. The project is designed to current City standards and does not propose any hazards. No impacts are anticipated as a result of this project. R:\T M\20Q4\04.0392 Vinyards View Estates\Env Docs\lnitial Study.doc 21 15. e.: No Impact: The project will not result in inadequate emergency access Dr inadequate access to nearby uses. The project is designed to current City standards and has adequate emergency access and will not interfere with access to nearby uses. No impacts are anticipated as a result of this project. 15. f.: No Impact: The proposed project will meet industrial use parking requirements per Chapter 17.24 of the City of Temecula Development Code. No impacts are anticipated as a result of this project. 15. g.: No Impact: The project will be required to be designed consistent with adopted policies, plans, or programs supporting alternative transportation. Therefore, no impacts will result from this project. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SupportinQ Information Sources Impact Incorporated Impact Impact a. Exceed wastewater treatment requirements of the X applicable ReQiDnal Water Quality Control Board? b. Require Dr result in the construction of new water or X wastewater treatment facilities Dr expansion of existing facilities, the construction of which could cause significant environmental effects? c. Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to X accommodate the proiect's solid waste disposal needs? g. Comply with federal, state, and local statutes and X reaulations related to solid waste? Comments: 16. a. b. e.: Less Than Significant Impact: The project will not exceed wastewater treatment requirements, require the construction of new treatment facilities, nor affect the capacity of treatment providers. The project will have an incremental effect upon existing systems. Since the project is consistent with the anticipated number of dwelling units for the Margarita Village Specific Plan, less than significant impacts are anticipated as a result of this project. . 16. c.: Less Than Significant Impact: The project will require on-site storm drains to be constructed. The project may require various State and Federal Permits. The project will include the construction of underground storm drains and drainage swales in various locations within the project site. No off-site storm drains or expansion of existing facilities are required as a result of this project. Riverside County Flood Control and Water Conservation District has reviewed the proposed plan and has determined that the proposed project R:IT M\2004\04-0392 Vinyards View EstateslEnv Docs\lnitial Study.doc 22 would not be impacted by District Master Drainage Plan facilities. Less than significant impacts are anticipated as a result of this project. 16. d.: No Impact: The project will not significantly impact existing water supplies nor require expanded water entitlements. The project will have an incremental effect upon existing systems. While the project will have an incremental impact upon existing systems, the Rancho California Water District has provided "water available" letters to the City indicating water resources are available to serve to proposed project, provided the applicant signs an Agency Agreement with the Water District. No significant impacts are anticipated as a result of this project. 16. f. g.: Less Than Significant Impact: The project will not result in a need for new landfill capacity. Any potential impacts from solid waste created by this development can be mitigated through participation in Source Reduction and Recycling Programs, which are implemented by the City. Less than significant impacts are anticipated as a result of this project. 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SUDoortino Information Sources Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish Dr wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare Dr endangered plant Dr animal or eliminate important examples of the major periods of California historv or orehistorv? b. Does the project have impacts that are individually X limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current oroiects, and the effects of orobable future Droiectsl? c. . Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? Comments: 17. a.: Potentially Significant Unless Mitigation Incorporated: The project will not degrade the quality of the environment on site Dr in the vicinity of the project. The developer may be required to obtain various State and Federal Permits including, Nation Wide Permit 39 from the U.S. Army Corps of Engineers, 401 water quality control permit from the Regional Water Quality Control Board, and a 1603 Streambed Alteration Agreement from the California Department of Fish and Game. These have been included as biological mitigation measures to reduce impacts to less than significant levels. 17. b.: Potentially Significant Unless Mitigation Incorporated: The project should not have impacts that are individually limited, or cumulatively considerable that cannot be mitigated accordingly. The project will not have a cumulative effect on the environment since the project site is a residential zone in an urban area, surrounded by development. The applicant has submitted the necessary studies and documents, which have been reviewed by staff and it has been determined that any potential impacts can be adequately mitigated. Staff has R:IT M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 23 included the appropriate mitigation measures as conditions of approval to ensure any potentially significant impacts are reduced to less than significant. 17. c.: Potentially Significant Unless Mitigation Incorporated: The project will not have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly. The residential project will be designed and developed consistent with the Specific Plan, Development Code, and the General Plan. Mitigation Measures as well as Conditions of Approval have been applied to ensure all potentially significant impacts have been reduced to less than significant impacts to humans and the environment directly and indirectly. 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier anal ses used. Identi earlier anal ses and state where the are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b miti ation measures based on the earlier anal sis. c. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-s ecific conditions for the ro'ect. SOURCES 1. City of Temecula General Plan, adopted November 9, 1993. 2. City of Temecula General Plan Final Environmental Impact Report, adopted July 2, 1993 3. City of Temecula General Plan Public Review Draft, dated December 2004 4. City of Temecula General Plan Update Draft Environmental Impact Report, dated December 2004 5. Margarita Village Specific Plan (Amendment No.5), dated October 10,2000 6. Margarita Village Specific Plan Environmental Impact Report, adopted August 26, 1986 7. Margarita Village Preliminary Geotechnical Investigation, Leighton & Associates, Inc., dated April 12, 1988 8. Vinyards View Estates Jurisdictional Determination Letter, Thomas Leslie Corporation, dated January 5, 2004 9. Vinyards View Estates Archaeological Survey, Brian Smith & Associates, dated October 18, 2004 10. Vinyards View Estates Phase 1 Study, Brian Smith & Associates, dated October 6,2004 11. Vinyards View Estates Noise Impact Analysis, Giroux & Associates, dated December 28, 2004 12. Vinyards View Estates Traffic Generation Comparison Report, Mahmoud Dibas, PE, dated August 2, 2004 13. Air Quality Analysis, Vinyard View Estates, Matthew Fagan Consulting, dated March 28, 2005 R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\lnitial Study.doc 24 Mitigation Monitoring Program Vinyards View Estates Planning Application No. PA04-0390 & 0392 (Specific Plan Amendment & Tentative Tract Map No. 23103-2) AIR QUALITY General Impact: The proposed project could potentially expose sensitive receptors to substantial pollutant concentration and could potentially create objectionable odors affecting a substantial number of people working in the nearby area. Mitigation Measures: - The applicant shall incorporate energy efficiency standards as defined by Title 24 into the project. The applicant shall comply with the latest Title 24 standards. - Prior to the issuance of a grading permit and during the duration of construction activities, the Applicant shall verify in writing (to the Planning Department) that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. - All diesel-powered vehicles and equipment shall be maintained in a manner to minimize NOx emissions through regular tune-ups. - All diesel-powered vehicles shall be turned off when not in sue for more than five (5) minutes, and the gasDline- powered equipment shall be turned off immediately when not in use. - Electrical and/or natural gasoline-powered equipment should be utilized in-lieu of gasoline Dr diesel-powered engines. - If construction equipment powered by alternative fuel sources (LPG/CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the project site. - Contractors should use particulate filters on diesel construction equipment, if such filters are available and are cost-competitive for use with this project. R:\T M\2QQ4\Q4-0392 Vinyards View Estates\Env Docs\Mitigation Monitoring Program.doc 1 - During construction and all grading phases, the project site shall be watered down, to prevent fugitive dust and erosion, in the morning before grading and/or before constnuction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. - During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 25 miles per hour, averaged over an hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. - The applicant shall comply with regional nules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized below: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on-site roads shall be paved as soon as feasible Dr watered periodically or chemically stabilized. c. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. R:\T M\2004\04-D392 Vinyards View Estates\Env Docs\Mitigation Monitoring Program.doc 2 d. The area disturbed by earthmoving, Dr excavation minimized at all times. clearing, grading, operations shall be - Prior to the issuance of a grading and building permits, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. - During the course of the project grading and construction, the applicant shall post signs on-site limiting construction related traffic and all general traffic to 15 miles per hour or less. - Graded and/or excavated inactive areas of the construction site shall be monitored by the Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such as water and roll compaction and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over three days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered to establish and maintain grass growth, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election of treatment made by the Applicant. - During the course of the project grading and construction, the Applicant shall sweep adjacent streets and roads so as to prevent the placement Dr accumulation of dirt in the roadway. Where vehicles leave the construction site and enter adjacent public streets the streets shall be swept daily Dr washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible soil track- out extending more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. - The construction contractor shall schedule the construction activities so as not to interfere with peak hour traffic as much as possible, and if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. - The construction contractor should utilize as much as possible precDated/natural colored building materials. Water-based or low VOC coatings should be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual R\T M\2004\04.0392 Vinyards View Estates\Env Docs\Mitigation Monitoring Program.doc 3 coatings application shall be used to reduce VOC emissions. Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the grading plan check review process. All mitigation measures will be included as notes on the grading and/or building plans as applicable. Applicant shall submit written proof of the satisfaction of each of the mitigation measures to the Planning Department, unless otherwise stated. Mitigation Milestone: Prior to the issuance of a grading permit; during grading operation Responsible Monitoring Party: Planning and Public Works Departments BIOLOGICAL RESOURCES General Impact: Substantially effect riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service Mitigation Measure: The applicant shall obtain a Department of the Army Permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act, a Streambed Alteration Agreement from the California Department of Fish and Game, and a Section 401 Water Quality Certification from the Regional Water Quality Control Board. Specific Process: Proof of permit approval from all agencies shall be submitted to the Planning Department. Mitigation Milestone: Prior to issuance of any grading permit. Responsible Monitoring Party: Planning Department CULTURAL RESOURCES General Impact: Directly or indirectly destroying any unique paleontological resources. Mitigation Measure: - Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following monitoring will occur (e.g., contract with qualified professional): Monitoring of mass grading and excavation activities in areas identified as likely to contain R\T M\2004\04-0392 Vinyards View Estates\Env Docs\Mitigation Monitoring Program.doc 4 paleontological resources by a qualified paleontogist or paleontological monitor. - Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Preparation of recovered specimens to a point of identification and permanent preservation, including screen-washing of sediments to recover small invertebrates and vertebrates. - Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the San Bernardino County Museum). The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. - Prior to the issuance of a grading permit, the applicant shall provide written documentation that the following will occur (e.g., contract with qualified professional): Preparation of a final monitoring and mitigation report of findings and significance, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location. - Prior to the issuance of a grading permit, the applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. - The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseno Indians for proper treatment and disposition. - The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities. - If sacred sites are discovered during ground disturbing activities, they shall be avoided and preserved. Specific Process: Written documentation of agreements and contracts to be submitted to planning department; and mitigation measures shall be included on grading plan. R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\Mitigation Monitoring Program.doc 5 Mitigation Milestone: Prior to issuance of a grading permit and during grading activity as appropriate Responsible Monitoring Party: Planning and Public Works Departments NOISE General Impact: Increase noise levels above established thresholds. Mitigation Measure: - Exterior perimeter sound walls shall be constructed in the following locations: Lots 1, 2, 20, & 12 Lots 3, 4 through 9 Lots 11 & 36 Lot 38 5-foot minimum height 4-foot minimum height 6-foot minimum height 6.5-foot minimum height - An interior noise analysis shall be submitted in conjunction with building plan check to verify that structural noise reduction as follows will be achieved in livable upstairs space at the perimeter tier of homes by the specified structural components shown on the building plans: Butterfield Stage Road -27 dB (attenuation) - Building Plans shall include the following: Supplemental ventilation is required for all perimeter units abutting Butterfield Stage Road, capable of providing 75 CFM of fresh make-up air. The make-up air duct should face away from the perimeter roadway. Specific Process: Perimeter wall locations shall be identified on grading plan: Interior noise analysis and supplemental ventilation shall be provided with building plans. Mitigation Milestone: Prior to issuance of grading and building permits, as appropriate. Responsible Monitoring Party: Planning and Building Departments R:\T M\2004\04-0392 Vinyards View Estates\Env Docs\Mitigation Monitoring Program.doc 6 ATTACHMENT NO.2 CITY COUNCIL ORDINANCE NO 05-_ SPECIFIC PLAN AMENDMENT R:\T M\2004\04-0392 Vinyards View Estates\CC docs\CC Agenda Report 07-26-0S.doc 5 ORDINANCE NO. 05-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PLANNING AREAS 7 AND 9 OF THE MARGARITA VILLAGE SPECIFIC PLAN TO CHANGE THE SPECIFIC PLAN PERMITTED USES WITHIN PLANNING AREA 7 FROM USES ALLOWED IN THE L-1 (1-ACRE LOTS) ZONING DESIGNATION TO LM (7,200 SQUARE FOOT LOTS) ZONING DESIGNATION OF THE CITY'S DEVELOPMENT CODE AND FROM THE L-1 (1-ACRE LOTS) DESIGNATION TO THE L-2 (20,000 SQUARE FOOT LOTS) DESIGNATION FOR PLANNING AREA 9A (PA04-0390). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Vinyards View Estates, LLC, filed Planning Application Nos. PA04-0390, Specific Plan Amendment, and PA04-0392, Tentative Tract Map (No. 23103-2) for the property consisting of approximately 18.32 acres generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 950-390-007 and 953-050- 009 ("Project"); B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 1, 2005 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-40, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project and Resolution No. 05-42, recommending the City Council approval of a Tentative Tract Map; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 05-41, recommending approval of a Specific Plan Amendment; F. On July 26, 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. G. On July 26, 2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 05-_; and Tentative Tract Map with Resolution No. 05-_; H. On July 26, 2005, the City Council of the City of Temecula approved a Specific Plan Amendment for the Project when it approved Ordinance No. 05-_. R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFT.doc ] Section 2. The City Council of the City of Temecula hereby amends portions of Margarita Village Specific Plan as included in Exhibit "A". Section 3. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of July, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of , 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFT. doc 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ day of , 2005, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:\S P A\2004\04-0390 Margarita Village SPA Planning Areas 7 & 9\CC Ordinance SPA dRAFT.doc 3 Margarita Village Specific Plan No.3 Amendment No.7 !Ul IE @ [E D \TI lE ~I \00 APR 2 5 2005 ~ \~y , I I ;". . ...... i , I \ City of Temecula April, 2005 - Margarita Village Amendment No. 7 of Margarita Village Specific Plan No.3 Lead Agency: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 951.694.6400 Contact: Debbie Ubnoske, Director of Planning Prepared by: Matthew Fagan Consulting Services 42011 Avenida Vista Ladera Temecula, CA 92591 951.699.2338 Contact: Matthew Fagan ,/ . City of Temecula April, 2005 \ Margarita Village I. Summary of Changes I. Summary of Changes-Amendment No.7, April 2005 Paragraph A from Amendment 3 will be deleted and replaced with the following amended Paragraph A. New Items i through Hi (listed below) will be added after Paragraph A, and the previously existing Items 1 through 3 and a through g will remain after Items i-iii. A.. Specific Plan The Margarita Village Specific Plan (SP No. 199) was originally adopted by the Riverside County Board of Supervisors on August 26, 1986 by Resolution No. 86-355. Specific Plan Amendment No. I was approved by the Board of Supervisors on September 6, 1988 via Resolution No. 88-471. Upon incorporation by the City of Temecula in 1989, Margarita Village was in the jurisdiction of the City. Specific Plan Amendment No.2 was approved by the Temecula City Council on March 26, 1996_ Specific Plan Amendment No.3 was approved by the Temecula City Council on October 7, 1997. Specific Plan Amendment No.4 was approved by the Temecula City Council on January 27, 1998_ Specific Plan Amendment No.5 was approved by the Temecula City Council on October 10, 2000, and Amendment No. 6 was approved by the Temecula City Council on January 11, 2005. The following paragraphs describe the changes to Specific Plan No. 199 that have occurred based on these amendments. Specific Plan Amendment No.7 is being presented to the City of Temecula and proposes the following changes: I. Planning Area 7 Planning Area 7 is proposing to be amended from 12 acres and 12 dwelling units to approximately 10.97 acres and 29 dwelling units. Planning Area 7 is proposing a Specific Plan Land Use change from Low (L) Density Residential (0.4-2 dulacre) classification to Medium (M) Density Residential (2-5 dulacre). The Specific Plan amendment would also include a zone change of PA 7 from the L-l (one acre minimum lot size) Residential District to Low Medium (7,200 sq. ft. minimum lot size) Residential District. With the proposed Specific Plan Amendment, Planning Area 7 would consists of 29 dwelling units on approximately 10.97 acres with a minimum lot size of 7,200 net square feet. The homes in Planning Area 7 shall have a minimum of 2,200 square feet of living area. 11. Planning Area 9A Planning Area 9A is proposing to be amended to separate this area from the existing Planning Area 9. Planning Area 9A is approximately 7.35 .acres of undeveloped residential land whereas Planning Area 9 has been developed as a three-acre private recreation community center. Planning Area (PA) 9A is proposing to develop 8 single family residential units on approximately 7.35 acres. PA 9 would maintain the existing Land Use of Low (L) Density Residential (0.4-2 dulacre) and would change the Specific Plan zoning from L-l Residential District (one acre minimum lot size) to L-2 Residential District (20,000 sq. ft. minimum lot size). The homes in PA 9A shall have a minimum of 2,500 square feet of living area, shall be one story in height and shall be strategically placed to allow view corridors for the existing residences to the west. Specific Plan No.3, Amendment No.7 Page 1- Margarita Village I. Summary of Changes No change of zoning or land use is being proposed for Planning Area 9, lll. Repagination Due to the modifications of Planning Areas 7 and 9A and, repagination will occur where necessary throughout the Specific Plan. Page III-14 shall also be added as none currently exists. \ Specific Plan No.3, Amendment No.7 Page 1- Margarita Village II. Project Development Plan 7. Planning Area 7-Amendment No.7, April 2005 The following language will replace the existing language for P A 7: a. Descriptive Summary Planninl! Area 7 will contain hew Medium Density Residential, family oriented development_ A maximum total of -l- 29 dwelling units is planned at a target density of H ~ dulacre on-H 10.97 acres (Density Range 2-5 ~ dulac). Refer to Figure II- 18 for a graphic representation of Planning Area 7. Typical building elevations and architectural guidelines are provided in Section III.C.3., Design Guidelines. b. Land Use and Development Standards . Please refer to the SlIecific Plan Ordinance Amendment and Section 17.060.040 of the City of Temecula Development Code for standards not addressed in the SDecific Plan Ordinance Amendment No.7 for P A 7. c. Planoiol! Standards I) .' . Possible access into Planning Area 7 may be taken from Butterfield Stage Road off Ahem Place and Chemin Clinet (See Figure II-18). . A minimum of two parking spaces shall be provided per dwelling unit At least two of the spaces shall be provided in an enclosed garage, either attached to, or separate from, the main dwelling unit . Please refer to Project-Wide Design and Textual Development Standards in Section II.B.2, for further land use standards that apply site-wide. . Please refer to Design Guidelines in Section III, for design-related criteria. Specific Plan No.3, Amendment No.7 Page 11- Margarita Village II. Project Development Plan 9A. Plannini! Area 9A-Amendment No.7, April 2005 The following language will be added to the existing language of Planning Area 9 for the new subsection PA9A: a. Descriptive Summary Plannine: Area 9A will contain Low Densitv Residential. familv oriented development A maximum total of 8 dwelline: units is planned at a tare:et density of 1.08 dulacre on 7.35 acres (Density Rane:e 0.4-2 dulac). Tvpical buildine: elevations and architecturall!:\lidelines are provided in Section III.C.3.. Desil!:n Guidelines. In adddition. an approximateIv 1.16 acre park is beine: proposed at the southern end of PA 9A that mav contain a tot lot and associate plav equipment. benches and a passive turf area. Refer to Fil!:\lre 11-19 for a conceptual l!:I"llphic representation oCPlanninl!: Area 9A. Tvpieal buildine: elevations and architectural l!:\Iidelines are provided in Section m.C.3. Desil!:ll Guidelines. b. Land Use and Development Standards Please refer to the Specific Plan Ordinance Amendment and Section 17.060.040 of the City of Temecula Development Code for standards not addressed in the Specific Plan Ordinance Amendment No.7 for P A 9. c. Planninl! Standards . Primary access into Planning Area 9A will be taken from ButteFfieltl Stage R-ead Placer Loudeaonne. . A minimum of two parking spaces shall be provided per dwelling unit. At least two of the spaces shall be provided in an enclosed garage, either attached to, or separate from, the main dwelling unit. . Please refer to Project- Wide Design and Textual Development Standards in Section II.B.2, for further land use standards that apply site-wide. . Please refer to Design Guidelines in Section III, for design-related criteria. Specific Plan No.3, Amendment No.7 Page 11- Margarita Village III. DesignGuid~lines 4. Village "B" Architectural Guidelines - Amendment No.7, April 2005 a. Introduction Village "B" shall contain two basic architectural motifs and a third custom area adjacent to the Vineyards on the eastern boundary of the property. Because the two neighborhoods will comprise the majority of Village "B", these guidelines will predominantly address those areas. The basic architectural theme for Village "8" will be Spanish, Mediterranean, and French Manor. Planning Areas 2, 3 8, and 10/11112 will have a combination of Mediterranean and French elevation styles. Planning Areas 4 and 6 will have a combination of Spanish and Mediterranean elevations. lhis is a natural combination of styles for the Rancho California area and will provide a variety of elevations as well as giving each development area a separate character_ The Mediterranean style will provide the blend between the various planning areas and the Spanish and French will provide the necessary agent to keep the visual interest within the projects. All design elements used in Village "B" should work together to achieve a sense ofneighbDrhaod identify. b. Building: Mass. Form and Scale Village "B" shall include a range of dwelling units sizes in proportion to the size of the project. There shall also be a variety of elevation types per plan throughout the project. A sense of neighborhood will be accomplished by manipulating the building mass, form and scale within each planning area: .:. The homes in Planning Areas 2, 3, 8 and 10/11/21 shall range in size from 1,500 sq. ft. to approximately 2,600 sq. ft. and a minimum for five (5) floor plans shall be provided. .~. The homes in Planning Areas 4 and 6 shall range in size from 1,200 sq. ft. to approximately 2,100 sq. ft. with a minimum offive (5) floor plans. .:. The Custom homes in Planning Area 9A shall have a minimum of~I,8119 sq. ft. of living area. The homes in Plannine: Area 9A shall be one stOry and stratetrlcallv placed to allow view corridors for the existine: residences to the ~ .:. The homes in Plannine: Area 7 shall have a minimum of 2.200 SQ. ft. of livine: ~ Specific Plan No.3, Amendment No.7 Page 111- S.P. Zone Ordinance Amendment Revised with Amendment No.7 April 2005 SPA No.7 shall include amendinl! the Specific Plan Zone Ordinance for Planninl! Areas 7 and 9A. The existinl! Planninl! Area 7 (item I!.) shall be replaced with the lanl!ual!e listed below in item I!. Planninl! Area 9 (item i) shall be amended to add Planninl! Area 9A to item i. The revised lanl!ual!e for Planninl! Area 7 and the new lanl!ual!e for 9A is as follows: g. Planning Area 7. (I) The uses permitted in Planning Area 7 of Specific Plan No. -1-99 3 shall be the same as those uses permitted in the h--l- LM District of Chapter 17.06 of the City of Temecula Development Code. In addition, the permitted uses identified under Sectioll 17.06.030 shall also include noncommercial community association recreation and assembly buildings and facilities. (2) The development standards for Planning Area 7 of Specific Plan No. -1-99 3 shall be the same as those uses identified in the h--l- LM Residential District in Section 17.060.040 of the City of Temecula Development Code, except for the following: A. The rear yard shall be not less than ten feet (10'). B. There shall be no maximum-% percental!e of lot coverage requirement. C. The minimum lot area shall be 7.200 net square feet. D. The minimum averal!e lot width for a standard lot shall be sixty (60') feet. Corner lots or lots on a cul-de-sac shall have a minimum width of fifty feet 150'). provided the minimum I!ross lot area is maintained. E. The minimum lot depth for a standard lot shall be ninety 190') feet. The averal!e lot depth for corner lots or lots on a cul-de-sac shall be seventy (70') feet. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. i. Planninl! Area 9A. (1) The uses permitted in Planninl! Area 9A of Specific Plan No.3 shall be the same as those uses permitted in the L-2 District of Chapter 17.06 of the City of Temecula Development Code. In addition. the permitted uses identified under Section 17.06.030 shall also include noncommercial communi tv association recreation and assembly buildinl!s and facilities. (2) The development standards for PlanniDl! Area 9A of Specific Plan No.3 shall be the same as those uses identified in the L-2 Residential District in Section 17.060.040 of the Citv of Temecula Development Code. except for the following: A. The rear vard shall be not less than ten 110') feet. B. The minimum corner side vard shall be not less than fifteen (15') feet. C. There shall be no maximum percentage of lot coverage requirement. D. The minimum lot size shall be 20,000 net square feet. E. All homes shall be one storv and strategicallv placed to allow view corridors for the ad iacent residences to the west. F. An open space area shall be provided at the southwestern end of Planning Area 9A. The open space will be a continuation of the existing open space area for Tract 23100-5 and contain an approximatelv 1.16 acre Dark that is anticipated to be developed as a tot lot. The park mav contain plav equipment, tables or benches, a shade structure and passive turf area for children to plav. The park is a recreational amenitv for existing and future residents. and will also serve as a buffer area allowiDl! opportunities for view corridors for the residences to the west of Planning Area 9A. (3) Except as provided above. all other zoniDl! requirements shall be the same as those requirements identified in ChaDter 17.06 of the Citv of Temecula Development Code. ~ '" 0 ~ I gj C> ~ ~ ~ ~ C') z ~ N C> :J ..; 0 *:z ~ 1-<( C> .tt1 ..; m-l 1Il 0 U> .., 0 .:;': w en en CO ..; '" '" '" q '" '" 00.. ..... 0: '" ~ t- o rO !:i ;Ii ~ 0 q "! 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N~ o-oIU ;> g ;>;>.9 .s:=> 8u e~ N rtl'" "'" 'CI ......~"'d" '" 0) ~ - "'" 8 ",' 0) 8 o :I: o ';j 01 ~ c ~-::-.- ATTACHMENT NO.3 CITY COUNCIL RESOLUTION NO 05-_ TENTATIVE TRACT MAP R:\T M\20Q4\04-0392 Vinyards View Estales\CC docs\CC Agenda Report 07-26-05.doc 6 RESOLUTION NO. 05-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23103- 2, TO SUBDIVIDE 18.32 ACRES INTO 40 PARCELS (37 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS) RANGING IN SIZE FROM 7,272 TO 24,803 SQUARE FEET, LOCATED AT THE NORTHWEST CORNER OF BUTTERFIELD STAGE ROAD AND CHEMIN CLINET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 953-390-007 AND 953-050-009." (PLANNING APPLICATION PA04-0392). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Vinyards View Estates, LLC, filed Planning Application Nos. PA04-0390 Specific Plan Amendment, and PA04-0392, Tentative Tract Map, located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as Assessors Parcel No(s). 953-050-009 and 953-390-007 ("Project"); B. The application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; C. The Planning Commission of the City of Temecula held a duly noticed public hearing on June 1, 2005 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-40 recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring Plan for the Project; and Resolution No. 2005-41 recommending the City Council approval of a Specific Plan Amendment; E. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-42 recommending approval of a Tentative Tract Map; F. On July 26, 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. R:IT M\2004104-0392 Vinyards View EslateslCC docslCC Reso TM DRAFT. doc 1 G. On July 26,2005, the City Council of the City of Temecula approved a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Project when it adopted Resolution No. 05-_; and a Specific Plan Amendment when it adopted Ordinance No. 05-_; H. On July 26,2005, the City Council of the City of Temecula approved a Tentative Tract Map for the Project when it approved Resolution No. 05-_. Section 2. findings: The City Council of the City of Temecula hereby makes the following A. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; Tentative Tract Map No. 23103-2 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal Code. B. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The project site is not currently in agricultural production and in the recent and historic past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. C. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 40-lot (37 residential units) Tentative Tract Map on property designated for low and low medium density residential uses, which is consistent with the General Plan, as well as, the development standards for the Margarita Village Specific Plan as amended. D. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An initial study and Mitigation Monitoring Program have been prepared for the project, which mitigates any potentially significant impacts of the proposed project. In addition, the project has been designed to reduce any significant impacts to the environment, including noise, aesthetics, air quality, biological, and cultural resources. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditIOned to address their concerns. Further, provisions are made in the General Plan and the Development R:IT M\2004104-0392 Vinyards View EstateslCC docslCC Reso TM DRAFT.doc 2 Code to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. F. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. H. (Quimby). The subdivision is consistent with the City's parkiand dedication requirements The applicant has been conditioned for payment of Quimby in-lieu fees prior to building permits, which will address the City's parkland dedication requirements. Section 4. The City Council of the City of Temecula hereby approves Tentative Tract Map No. 23103-2, Application No. PA04-0392, subdividing 18.32 acres into 40 parcels, for the property generally located at the northwest corner of Butterfield Stage Road and Chemin Clinet, known as assessors parcel no(s). 953-050-009 and 953-390-007 subject to the specific conditions set forth in Exhibit A, attached hereto, and incorporated herein by this reference as though set forth in full. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of July, 2005. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:IT M\2004104-0392 Vinyards View EstateslCC docs\CC Reso TM DRAFT.doc 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 05-_ was duly and regular~ adopted y the City Council of the City of Temecula at a regular meeting held on the 'Z6 day of J\ ,2005, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: R:IT M\2004104-0392 Vinyards View EstateslCC docslCC Reso TM DRAFT.doc 4 Susan W. Jones, CMC City Clerk i I e j . i . , j " I ,,'.1 '....~ EXHISIT A CONDITIONS OF APPROVAL TENTATIVE TRACT MAP R:IT M\2004104-0392 Vinyards View Est"t~sICC docslCC: Resel TMDRAFT.doc .. 5 ~L ~~*'~- i_ ,,'M" li"-~-~~_:~~~~~,~~-11 ~ " . l1.~ ~"-,.;".~';~_c-- :'~iL.:iJ .,,,....'" .~ '~~ _:;j-';,.t::~~ -'~'"l': :q _' i 4 'i . 1:.. "%w' '. C ~1W EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA04-0392 Project Description: Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres within the Margarita Village Specific Plan area into 40 parcels, including 37 residential lots and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9 - 8 residential lots). The project site is located along the west side of Butterfield Stage Road, north of Rancho California Road. Assessor's Parcel No.: 953-390-007 and 953-050-009 MSHCP Category: DIF Category: Residential (greater than 14.1 DU) Residential - Detached TUMF Category: Residential - Single Family Approval Date: July 26, 2005 July 26, 2008 Expiration Date: WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Division 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Fourteen Dollars ($1 ,314.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1 ,250.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty Four Dollars ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Dr Negative Declaration required under Public Resources Code Section 211 08(a) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition [Fish and Game Code Section 711.4(c)]. R:IT M\2004104.0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doct GENERAL REQUIREMENTS R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc2 GENERAL REQUIREMENTS Planning Division 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. This project and all subsequent projects within this site shall be consistent with Specific Plan No.3, Margarita Village Specific Plan. 5. The applicant shall comply with all mitigation measures contained in the approved Mitigation Monitoring Program. Public Works Department The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. 6. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 7. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 8. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 9. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. 10. The vehicular movement at the intersection of Butterfield Stage Road and Ahern Place shall be restricted to right in/right out. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc3 Community Services Department 11. Applicant shall comply with the Public Art Ordinance. 12. All slope/landscape plans, for lot 38, submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 13. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective area shall remain with the Homeowner's Association. All other landscaped areas, open space, entry monumentation, tot lot, walls including the parkway within the right-of-way along lots 36, 37 and 39 shall be maintained by the Homeowners Association (HOA) or private maintenance association. 14. The developer shall contact TCSD's Maintenance Supervisor for a pre-design meeting to obtain design specifications for Lot 38. 15. Construction of the proposed TCSD landscape maintenance areas shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 16. The developer, the developer's successors or assignees, shall be responsible for all landscaping maintenance until such time as maintenance duties are accepted by the TCSD. 17. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 18. The developer shall not permit any additional easements on Lot 38 without approval by TCSD. Fire Department The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 19. Any previous existing conditions for this project or any underlying map will remain in full force and effect unless superceded by more stringent requirements here. 20. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 21. All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those expressly approved by the fire prevention bureau individually on a case by case basis when they maintain the required travel widths and radii. 22. Cul-de-sacs and/or intersections with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. R:\T M\2Q04\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc4 23. Private entry driveways with divider medians must be a minimum of 16 feet wide on each side unless the median is held back 30 feet from face of curb of perpendicular road. 24. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) This will include all internal roads, connecting roads between phases, and construction gates. All required access must be in and available priorto and during ALL construction. Phasing is approved on a separate map. and is ultimately subject to final approval in the field. 25. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 26. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc5 PRIOR TO RECORDATION OF FINAL MAP R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc6 PRIOR TO RECORDATION OF FINAL MAP Planning Department 27. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: I. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. ii. A Mitigation Monitoring Program was prepared for this project and is on file at the City of Temecula Planning Department. c. A copy of the recorded Covenants, Conditions, and Restrictions (CC&R's): i. CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, private roads, and all landscaped and open areas including parkways. ii. The CC&R's shall be prepared at the developer's sole cost and expense. iii. The CC&R's shall be in the form and content approved by the Planning Director, City Engineer and the City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and it's residents. IV. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Public Works Departments and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. v. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and facilities. vi. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. vii. The CC&R's shall provide that the association may not be terminated without prior City approval. viii. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. ix. Every owner of a suite or lot shall own as an appurtenance to such suite or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC DRAFT CQAs.doc7 x. All open areas and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Public Works Department prior to the issuance of building permits. xi. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by the CC&R's or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 28. No lot or suite in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's, which shall include compulsory membership of all owners of lots andlor suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Public Works Department Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 29. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District k. General Telephone I. Southern California Edison Company m. Southern California Gas Company n. Metropolitan Water District R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc8 30. The Developer shall design and guarantee construction of the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Butterfield Stage Road (Arterial Highway Standards - 110' RIW) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. b. Improve Ahern Place (Collector Road Standards - 66' RIW) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). c. Improve Chemin Clinet (Local Road Standards - 60' RIW) to include installation of paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). d. Improve Placer Loudeaonne (Local Road Standards - 60' RIW) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). e. Improve Court "A", Court "B" and cul-de-sac north of Ahern Place - (Local Road Standards - 60' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). f. All street improvement design shall provide adequate right-of.way and pavement transitions per Caltrans standards for transition to existing street sections. 31. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: a. Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207 and 207 A c. Street lights shall be installed along the public streets shall be designed in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401. e. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. i. All cul-de-sacs shall be constructed in accordance in City Standard No. 600. j. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc9 k. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. I. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. m. All utilities, except electrical lines rated 34kv or greater, shall be installed underground. n. All driveways providing access to two or more buildings shall be designed as a cul- de-sac or a loop road. 32. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or olher disruption to traffic circulation as required by the Department of Public Works. 33. Relinquish and waive right of access to and from Butterfield Stage Road on the Final Map with the exception of two (2) openings as delineated on the approved Tentative Tract Map. 34. Relinquish and waive right of access to and from Ahern Place on the Final Map as delineated on the approved Tentative Tract Map. 35. Relinquish and waive right of access to and from Chemin Clinet on the Final Map as delineated on the approved Tentative Tract Map. 36. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 37. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 38. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. Prior to City Council approval of the Final Map, the Developer shall make an application for reapportionment of any assessments with appropriate regulatory agency. 39. Any delinquent property taxes shall be paid. 40. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. 41. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 42. The Developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall R:\T M\2Q04\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc10 provide for payment by the Developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 43. A copy of the grading and improvement plans, along with supporting hydrologic and hydraulic calculations shall be submitted to the Riverside County Flood Control and Water Conservation District for approval prior to recordation of the Parcel Map\Final Map or the issuance of any permit. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 44. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 45. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 46. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating "drainage easements shall be kept free of buildings and obstructions. " Community Services Department 47. TCSD shall review and approve the CC&R's. 48. All TCSD slopellandscaping maintenance easements shall be offered for dedication on the final map. 49. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 50. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 51. The developer shall post security and enter into an agreement to improve lot 38 and the landscaping within the raised median on Butterfield Stage Road. 52. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slopellandscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. 53. The developer shall satisfy the City's park land dedication requirement through the payment of in-lieu fees equal to .53 acres of park land, based upon the City's then current appraised park land valuation. R:\T M\2Q04\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.docl1 Fire Department 54. Prior to map recordation the applicant shall submit to the Fire Prevention Bureau a georectified (pursuant to Riverside County standards) digital version of the map including parcel and street centerline information. The electronic file will be provided in a ESRI Arclnfo/ArcView compatible format and projected in a State Plane NAD 83 (California Zone VI) coordinate system. The Bureau must accept the data as to completeness, accuracy and format prior to satisfaction of this condition. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc12 PRIOR TO ISSUANCE OF GRADING PERMITS R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc13 PRIOR TO ISSUANCE OF GRADING PERMITS Planning Division 55. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 56. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 57. The applicant shall obtain a Department of the Army Permit from the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act, a Streambed Alteration Agreement from the California Department of Fish and Game, and a Section 401 Water Quality Certification from the Regional Water Quality Control Board. Proof of permit approval from all agencies shall be submitted to the Planning Department. (Mitigation Measure) 58. The applicant shall provide written documentation (to the Planning Department) that the following monitoring will occur (e.g., contract with qualified professional): Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources by a qualified paleontogist or paleontological monitor. (Mitigation Measure) 59. The applicant shall provide written documentation (to the Planning Department) that the following will occur (e.g., contract with qualified professional): Preparation of recovered specimens to a point of identification and permanent preservation, including screen-washing of sediments to recover small invertebrates and vertebrates. (Mitigation Measure) 60. The applicant shall provide written documentation (to the Planning Department) that the following will occur (e.g., contract with qualified professional): Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the San Bernardino County Museum). The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. (Mitigation Measure) 61. The applicant shall provide written documentation (to the Planning Department) that the following will occur (e.g., contract with qualified professional): Preparation of a final monitoring and mitigation report of findings and significance, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location. (Mitigation Measure) 62. The applicant must enter into an agreement with the Pechanga Band of Luiseno Indians that addresses the treatment and disposition of all cultural resources, human resources and human remains discovered on-site. A copy of this agreement shall be submitted to the Planning Department. (Mitigation Measure) 63. The construction contractor shall schedule the construction activities so as not to interfere with peak hour traffic as much as possible, and if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. (Mitigation Measure) 64. The Applicant shall verify in writing (to the Planning Department) that all earth moving and large equipment are properly tuned and maintained to reduce emissions. In addition, alternative clean-fueled vehicles shall be used where feasible. Construction equipment R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc14 should be selected and deployed considering the lowest emission factors and highest energy efficiency reasonably possible. (Mitigation Measure) 65. Prior to the issuance of a grading and building permits, the applicant shall submit verification that a ridesharing program for the construction crew has been encouraged and will be supported by the contractor via incentives or other inducements. (Mitigation Measure) 66. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including archaeological artifacts found on the project site, to the Pechanga Band of Luiseiio Indians for proper treatment and disposition." Written documentation of agreement/contract shall be submitted to the Planning Department. (Mitigation Measure) 67. The following shall be included in the Notes Section of the Grading Plan: "The applicant shall provide an on-site archaeological and paleontological monitoring during all phases of earthmoving activities." Written documentation of agreement/contract shall be submitted to the Planning Department. (Mitigation Measure) 68. The following shall be included in the Notes Section of the Grading Plan: "If sacred sites are discovered during ground disturbing activities, they shall be avoided and preserved." Written documentation of agreement/contract shall be submitted to the Planning Department. (Mitigation Measure) 69. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavationlconstructiDn of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation Dr other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan Dr other corrective measures have been approved by the Director of Planning." (Mitigation Measure) 70. The following shall be included in the Notes Section of the Grading Plan: "AII diesel-powered vehicles and equipment shall be maintained in a manner to minimize NOx emissions through regular tune-ups." (Mitigation Measure) 71. The following shall be included in the Notes Section of the Grading Plan: "AII diesel-powered vehicles shall be turned off when not in sue for more than five (5) minutes, and the gasoline- powered equipment shall be turned off immediately when not in use." (Mitigation Measure) 72. The following shall be included in the Notes Section of the Grading Plan: "Electrical andlor natural gasoline-powered equipment should be utilized in-lieu of gasoline or diesel-powered engines." (Mitigation Measure) R:\T M\2Q04\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc15 73. The following shall be included in the Notes Section of the Grading Plan: If construction equipment powered by alternative fuel sources (LPG/CNG) is available at comparable cost, the developer shall specify that such equipment be used during all construction activities on the project site. (Mitigation Measure) 74. The following shall be included in the Notes Section of the Grading Plan: Contractors should use particulate filters on diesel construction equipment, if such filters are available and are cost-competitive for use with this project. (Mitigation Measure) 75. The following shall be included in the Notes Section of the Grading Plan: During construction and all grading phases, the project site shali be watered down, to prevent fugitive dust and erosion, in the morning before grading and/or before construction begins and in the evening once construction and/or grading is complete for the day. The project site shall be watered down no less than 3 times (not including the morning and evening water-down) during construction and/or grading activities to reduce dust. (Mitigation Measure) 76. The following shall be included in the Notes Section of the Grading Plan: During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties, generally wind speeds exceeding 25 miles per hour, averaged over an hour), the Applicant shall curtail all clearing, grading, earth moving and excavation operations as directed by the City Engineer, to the degree necessary to prevent fugitive dust created by on-site activities and operations from being a nuisance or hazard, either off-site or on-site, or as determined by the City Engineer at his sole discretion. (Mitigation Measure) 77. The following shall be included in the Notes Section of the Grading Plan: The applicant shall comply with regional rules such as SCAQMD Rules 402 and 403, which would assist in reducing short-term air pollutant emissions. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. Rule 402 requires dust suppression techniques be implemented to prevent fugitive dust from creating a nuisance offsite. These dust suppression techniques are summarized below: a. Portions of the construction site to remain inactive longer than a period of three months shall be seeded and watered until grass cover is grown or otherwise stabilized in a manner acceptable to the City. b. All on-site roads shall be paved as soon as feasible or watered periodically or chemically stabilized. c. All trucks exporting and/or importing fill to/from the project site shall use tarpaulins to fully cover the load in compliance with State Vehicle Code 23114. Material transported in trucks off-site (to and/or from the site) shall comply with State Vehicle Code 23114, with special attention to Sections 23114(b) (2) (F), (b) (F), (e) (2) and (e) (4) as amended. Material transported on-site shall be sufficiently watered or secured to prevent fugitive dust emissions. Lower portions of the trucks, including the wheels shall be sprayed with water, which shall be properly managed so as to prevent runoff, to reduce/eliminate soil from the trucks before they leave the construction area. d. The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized at all times. (Mitigation Measure) R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc16 78. The following shall be included in the Notes Section of the Grading Plan: During the course of the project grading and construction, the applicant shall post signs on-site limiting construction related traffic and all general traffic to 15 miles per hour or less. (Mitigation Measure) 79. The following shall be included in the Notes Section of the Grading Plan: Graded and/or excavated inactive areas of the construction site shall be monitored by the Applicant at least weekly to ensure continued dust stabilization. Soil stabilization methods such as water and roll compaction and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over three days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered to establish and maintain grass growth, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. City staff shall be advised of the election of treatment made by the Applicant. (Mitigation Measure) 80. The following shall be included in the Notes Section of the Grading Plan: During the course of the project grading and construction, the Applicant shall sweep adjacent streets and roads so as to prevent the placement or accumulation of dirt in the roadway. Where vehicles leave the construction site and enter adjacent public streets the streets shall be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. Any visible soil track-out extending more than fifty (50) feet from the access point shall be swept or washed within thirty (30) minutes of deposition. (Mitigation Measure) 81. The following shall be included on the Grading Plan: Exterior perimeter sound walls shall be constructed in the following locations: a. Lots 1, 2, 20, & 12 Lots 3, 4 through 9 Lots 11 & 36 Lot 38 5-foot minimum height 4-foot minimum height 6-foot minimum height 6.5-foot minimum height (Mitigation Measure) b. c. d. Public Works Department 82. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 83. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 84. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. A:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc17 85. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 86. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 87. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 88. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 89. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 90. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 91. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc18 PRIOR TO ISSUANCE OF BUILDING PERMITS R:IT M\2004104-0392 Vinyards View EstateslPC docslPC DRAFT COAs.doc19 PRIOR TO ISSUANCE OF BUILDING PERMITS Planning Division 92. Approval of a Residential Home Product Review application will be required. 93. An interior noise analysis shall be submitted in conjunction with building plan check to verify that structural noise reduction as follows will be achieved in livable upstairs space at the perimeter tier of homes by the specified structural components shown on the building plans: a. Butterfield Stage Road -27 dB (attenuation) (Mitigation Measure) 94. Building Plans shall include the following: Supplemental ventilation is required for all perimeter units abutting Butterfield Stage Road, capable of providing 75 CFM of fresh make- up air. The make-up air duct should face away from the perimeter roadway. (Mitigation Measure) 95. The following shall be added as a note on the building plans: "The construction contractor should utilize as much as possible precoated/natural colored building materials. Water- based or low VOC coatings should be used that comply with the most stringent SCAQMD Rule 1113 limits. Spray equipment with high transfer efficiency, or manual coatings application shall be used to reduce VOC emissions." (Mitigation Measure) 96. The following shall be submitted to and approved by the Planning Division: a. Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: i. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). ii. One (1) copy of the approved grading plan. iii. An agronomic soil report. iv. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). v. Total cost estimate of plantin9s and irrigation (in accordance with the approved plan). vi. Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: a. Front yards and slopes within individual lots prior to issuance of building permits for any lot(s). b. Private common areas prior to issuance of first certificate of occupancy permit. c. HOA slope and landscape areas prior to issuance of certificate of occupancy for any lot immediately adjacent to said landscape area. R:IT M\2004104-0392 Vinyards View EstateslPC docslPC DRAFT COAs.doc20 d. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. e. Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. vii. Hardscaping for the following: a. Pedestrian trails within private common areas b. Wall and Fence Plans consistent with the Conceptual Landscape Plans showing the height, location and the following materials for all walls and fences: . i. Decorative block for the perimeter of the project adjacent to a Public Right- of-Way equal to sixty-six (66) feet or larger and the side yards for corner lots. ii. Wrought iron Dr decorative block and wrought iron combination to take advantage of views for side and rear yards. iii. Wood fencing or upgraded material shall be used for all side and rear yard fencing when not restricted by a and b above. c. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 97. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. Public Works Department 98. Final Map 23103-2 shall be approved and recorded. 99. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 100. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 101. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 102. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. A:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc21 Community Services Department 103. Prior to the issuance of building permits or the installation of the streetlights, whichever comes first, the developer shall file an application, submit an approved Edison streetlight plan and pay the appropriate fees to the TCSD for the dedication of residential and arterial street lights into the TCSD maintenance program. 104. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. Fire Department 105. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix II-A) 106. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 107. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide forthis project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 108. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) 109. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix III-A, Table A-III-A-1. The developer shall provide forthis project, a water system capable of delivering 4000 GPM at20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III.A) 110. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B) R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc22 111. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW. (CFC 8704.2 and 902.2.2.2) 112. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 113. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 114. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc23 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc24 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT Planning Department 115. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 116. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 117. Front yard and slope landscaping within individual lots shall be completed for inspection. 118. Private common areas prior to issuance of first certificate of occupancy permit. 119. HOA slope and landscape areas prior to issuance of certificate of occupancy for any lot immediately adjacent to said landscape area. 120. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings within private common areas for a period of one year, in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Department for one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released. 121. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 122. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 123. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 124. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 125. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. R:\T M\2004104-0392 Vinyards View EstateslPC docslPC DRAFT COAs.doc25 Community Services Department 126. The developer's shall provide written disclosure of the existence of the TCSD and its service level rates and charges to all prospective purchasers. 127. The developer or his assignee shall submit, in a format as directed byTCSD staff, the most current list of Assessor's Parcel Numbers assigned to the final project. Fire Department 128. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 129. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 Ibs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) R:IT M\2004\04-0392 Vinyards View EstateslPC docslPC DRAFT COAs.doc26 OTHER AGENCIES R:\T M\2004\04.0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc27 OTHER AGENCIES 130. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 10, 2004, a copy of which is attached. 131. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittals dated April 29, 2004 and June 14,2004, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Planning Department approval. Date Applicant's Signature Applicant's Printed Name R:\T M\2004\04-0392 Vinyards View Estates\PC docs\PC DRAFT COAs.doc28 , . o CO'Gli/TY OF RIVERSIDE . HEALT"3ERVICES AGENCY 0 DEPARTMENT OF ENVIRONMENTAL HEALTH June 10, 2004 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 @ff(,', _ ." '" ,. ,-..:;, l.._, U "f .:-~ ',11 1-.. 'i ',~ I <"'.:)I:i vUN 15- , /;', ('O/>4 ./, u ."! By (; ~ AITN: Cheryl Kitzerow RE: TENTATIVE TRACT MAP NO. 23103-2 (30LOTS) Dear Mr. Long: 1. The Department of Enviromnental Health has reviewed Tentative Tract Map 23103-2 and recommends: a A water system shall be installed in accordance with plans and specifications as 'approved by the water company and the Enviromnental Health Department. , Permanent prints of the plans of the water system shall be submitted in triplicate; with a minimum scale not less than one inch equals 200 feet, along with the original drawing to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map 23103-2 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such 'Tentative Tract Map". This certification does not constitute a guarantee that it will supply water to such Tentative Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. A responsible official of the water company shall sign this certification. The Dlans must be submitted to the Countv Survevor's Office to review at least two weeks PRIOR to the reauest for the recordation of the final maD. 2. This Department has no written statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the sub divider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. \, Local Enforcement Agency. P.O. Box 1280, Riverside, CA 92502-1280 . (909) 955-8982 . FAX (909) 781-9653 . 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering' P.O. Box 1206, Riverside, CA 92502-1206 . (909) 955-8980 . FAX (909) 955-8903 . 4080 Lemon Street, 2nd Floor, Riverside, CA 9250] Page Two Attn: Cheryl Kitzerow June 10, 2004 3. This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed in accordance with plans and specifications as approved by the District, the County Surveyor's Office and the Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the County Surveyor's Office. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be singed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map 23103-2 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tentative Tract Map". The plans must be submitted to the County Surveyor's Office to review at least two weeks PRIOR to the request for the recordation of the final map. 2. This Department has no written statement from Eastern Municipal Water District agreeing to serve sewer service to each and every lot in the subdivision. It will be necessary for financial arrangements to be made PRIOR to the recordation .of the final map. Sincerely, ~.~ ~z, Supervising Environmental Health Specialist (909) 955-8980 @ IaDcho '* Board of DiredoI'8 John E. Hoagland President Caaba F. Ko Sr. Vice President Stepheu J. CoI"Oq . Ralph H. Daily Ben it. Drake Lba D. Henaan John V. Rossi Oftleers: Brian J. Brady Geneml.Manager PhlWp L Forbe8 DirectorofFinance-Trea.surer &P. "Bob" Lemons Direttor of Engineering Kenneth C. Dealy Director of Operations 6: Maintenance Petty R. Louck Conk'oller Linda M.__ Diatrict Secretary/Administrative Servite8 Manager C. Michael Cowett ~ Best" Krieger u.p General Counsel 1 April 29, 2004 ~ [! M~~; ': ~O~~ \ -' ....~......... Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 By SUBJECT: WATER AVAILABILITY VINEYARD VIEW ESTATES (FORMER TRACT NO. 23103) AP.N 953-050-009 To Whom It May Concern: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore,.would be available upon completion of financial arrangements between RCWD and the property owner, and the construction of 011- and off-site facilities as requiTed. . If fIre protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questiol\S, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT 7YLI/Jh .... I :J:;-; ~eye~ete , Development Engineering Manager 04\MM:at02.IIFCF c: Marwan A. Y ounis, MAY Group, Inc. Ibmeho California Water District "42135 Winchester Road .. Post OfTlCe Box 9017 . Temeeula, California 92589-9017 .. (909) 296-6900.. FAX (909) 296-6860 I'@ BaDcha Water Board of Directors John Eo Hoacland President Cuba F. Ko Sr. Vice President Stephen J. Corona Ralph a Daily Ben JL,Onke Lisa D. Herman John V. Rossi OfficeJ'8: Brian J. Brady General Manager PhllUp L Forb,es Director oIFinanc:e-Trea8Ul'& E.P. "Bob" Lemons >irector of Engineering Peny R.. Louck . Contnlller Linda M. Fregoso District SecretarytA.dmi.nistrative s.rn... ......... . C.:Michael CoweU Be.t Best a: Krieger ILP General Counsel , :, . ~ June 14,2004 rifJ [f (Ci f? /7 ni' r, " I;{ 0._- L.S J I.!) I.E., 'nl Ilffl JUN LS ii//! lJu 1 5 2004 Iff By ~ Cheryl Kitzerow CitY of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY VINEYARD VIEW ESTATES TRACT NO. 23103-2, A PORTION OF :PARCEL NO.1 OF PARCEL MAP NO. 147/99; APN 953-050-007 AND APN 953-050-009, PLANNING AP:PLICATION NO. PA04-0392 Dear Ms. Kitzerow: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore; would be available upon completion of financial arrangements between RCWD'and the property owner, and the construction of on- and off-site fadlities as required. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT .''/, ' 'M...." Mi' ael . Meyeipeter, DevelopmentEngiileering Manager O41MM:at073\FCF Rancho California Water District 42135 Winchester Road .. Post Office &%9017 . Temecula, California 92589-9017 .. (909) 296-6900 .. FAX (909) 296-6860 ATTACHMENT NO.4 PLANNING COMMISSION STAFF REPORT (June 1, 2005) R:\T M\20Q4\04-0392 Vinyards View Estales\CC docs\CC Agenda Report 07-26.0S.doc 7 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: June 1, 2005 Prepared by: Cheryl Kitzerow Title: Associate Planner File Number PA04-0390 & PA04-0392 Application Specific Plan Amendment and Type: Tentative Tract Map Project Description: The proposed project includes a Specific Plan Amendment (text and map-PA04-0390), and Tentative Tract Map No. 23103-2 (PA04-0392). The Specific Plan Amendment is a request to amend Planning Areas 7 and 9 of the Margarita Village Specific Plan. The proposed Specific Plan changes include a request to change the allowable density in Planning Area 7 from L-1 (1.0 dwelling unit/acre) to LM (4.5 dwelling units/acre) as referenced in the Development Code, reducing the minimum lot size from one acre to 7,200 square feet. The proposed Specific Plan Amendment also includes splitting Planning Area 9 into two Planning Areas (9 and 9A). The result will be that the existing Recreation Center will occupy approximately 3.0 acres in Planning Area 9, and will change the allowable density in the new Planning Area 9A from L-1 (1.0 dwelling unit/acre) to L-2 (2.0 dwelling units/acre) as referenced in the Development Code, and reducing the minimum lot size from one acre to 20,000 square feet. Recommendation: The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels, including 37 residential lots and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9A - 8 residential lots). o Approve with Conditions o Deny o Continue for Redesign o Continue to: ~ Recommend City Council Approval with Conditions o Recommend Denial CEQA: o Categorically Exempt o Negative Declaration [gJ Mitigated Negative Declaration with Monitoring Plan DEIR R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT templatc.doc t PROJECT DATA SUMMARY Applicant: Vinyards View Estates LLC Completion Date: March 28, 2005 Mandatory Action Deadline Date: June 1, 2005 General Plan Designation: Planning Area 7 (northern portion of subject site): Low Medium Density Residential - LM, 3-6 du/ac Planning Area 9A (southern portion of subject site): Low Density Residential - L, 0.5-2 du/ac Zoning Designation: SP-3, Margarita Village Specific Plan Site/Surrounding Land Use: Site: Vacant North: South: East: Existing single family residences Existing Recreation Center for the Chardonnay Hills development Butterfield Stage Road and vineyards located in the County east of Butterfield Stage Road Existing single family residences West: Lot Area: 18.3 acres gross, 14.4 net BACKGROUND SUMMARY 12<;] 1. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed project consists of a Specific Plan Amendment and Tentative Tract Map. Specific Plan Amendment The proposed Specific Plan Amendment includes text, map and exhibit changes for 18.32 acres that is currently undeveloped within the boundaries of the Margarita Village Specific Plan. The proposed project will change the land use designations and permitted densities for Planning Areas 7 and 9. Planning Area 7 is 10.97 acres located at the north half of the project site. Planning Area 9 is 10 acres located at the south half of the site and will be split into two Planning Areas, 9 and 9A. The resulting Planning Area 9 will be the existing Recreation Center on approximately 3.0 acres. No changes are proposed to the resulting Planning Area 9 except for the land use exhibits which will redefine the boundary. Planning Area 9A will be the remainder of the original Planning Area 9, less the Recreation Center. R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 2 The proposed changes to the Specific Plan Zoning Ordinance include a request to change the allowable density in Planning Area 7 from L-1 (1.0 dwelling uniVacre) to LM (4.5 dwelling units/acre) as referenced in the Specific Plan to the Development Code, which would allow the minimum lot size to be reduced from one acre to 7,200 square feet. The proposed change also includes changing the allowable density in Planning Area 9A from L-1 (1.0 dwelling uniVacre) to L-2 (2.0 dwelling units/acre) as referenced in the Specific Plan to the Development Code, which would reduce the minimum lot size from one acre to 20,000 SF. The proposed Specific Plan Amendment will also require that the text and exhibits are revised to incorporate the proposed land use changes from Low Density Residential (L - 0.4 to 2.0 du/ac) to Medium Density Residential (M - 2.0 to 5.0 du/ac) in Planning Area 7 (no change is proposed for Planning Area 9A). The proposed changes would result in smaller lot sizes than currently permitted. The average lot sizes for the proposed project are 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. However, the project design is compatible with lot sizes of the adjacent residential development in Tract 23209 (LM) to the west, and Tract 23100 (LM) to the south west. These two existing tracts contain lots with a density of 3 to 6 dwelling units to the acre, and range in size from approximately 8,000 square feet to 25,000 square feet. The proposed changes will result in a net increase of 18 dwelling units from the current Specific Plan designations for the subject site, including Planning Areas 7 and 9. However, the Specific Plan allows a maximum of 3,923 dwelling units and only 3,719 units have been constructed; 204 units below the allowable and anticipated development maximum analyzed in the Specific Plan EIR. The project site is the last developable area within the Specific Plan and if constructed, will still result in less than the maximum anticipated units for the Plan area. Furthermore, the proposed changes and increase in allowable units is consistent with the City's General Plan. Tentative Tract Map The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels, including 37 residential lots and 3 open space lots (Planning Area 7 - 29 residential lots and Planning Area 9A - 8 residential lots). Lots range in size from 7,272 square feet to 24,803 square feet, with an average lot size of 10,547 square feet in Planning Area 7 and 22,190 square feet in Planning Area 9A. The proposed project density is 2.64 du/acre in Planning Area 7 and 1.08 du/acre in Planning Area 9A which is consistent with the City's General Plan as well as the Specific Plan requirements. Per the requirements of the Subdivision Ordinance (Section 16.03.060.A), two points of access are proposed since there are more than 35 homes. Access is proposed via public streets off of Chemin Clinet at the south of the project site, and the extension of Ahern Place at the north of the project site. Internal access is proposed via Placer Loudeaonne which will traverse the site from north to south parallel to Butterfield Stage Road, terminating as a cul-de-sac at the northern portion of the site. All proposed access conforms to the City's standards. The Tentative Map has been designed with Lots 1 through 6 approximately 9 feet lower than adjacent residences to the west; Lots 7 through 15 approximately 5 feet lower; Lots 16 through 27 approximately 15 feet higher; and Lots 29 through 37 at a similar elevation to adjacent homes. To reduce potential impacts to adjacent residences to the west, the project design includes the continuation of an adjacent open space lot (Tract 23100-5), single-loaded street design for Lots 1 through 6, and Specific Plan text requiring Lots in Planning Area 9A (Lots 1-6) to be single-story homes. In addition, the Margarita Specific Plan includes design guidelines for the development of the site to ensure compatibility in architecture with the adjacent homes to the R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc , west. The project area is within Village "B" of the Specific Plan. This area requires custom homes on lots within Planning Area 9A, which will be a minimum of 2,500 square feet and single story. Planning Area 7 homes will be designed to be a minimum of 2,200 square feet and either Spanish, Mediterranean or French architectural styles. These requirements will ensure the development is aesthetically pleasing. As proposed, the project site will sit at a higher elevation than the adjacent Butterfield Stage Road. A 25-foot 2:1 manufactured slope will be constructed along the roadway. This slope area will be landscaped per the City's requirements and will be maintained by the Temecula Community Services District. A 1.16 acre tot loVopen space area is proposed in Planning Area 9A, adjacent to existing residences to the west. This area will be maintained by the project's Homeowner's Association. The proposed Tentative Tract Map is consistent with the Margarita Village Specific Plan, Subdivision Ordinance, and General Plan. ENVIRONMENTAL DETERMINATION 12<;] 1. An initial study has been prepared and indicates that the project will have potential significant environmental impacts to Air Quality, Cultural Resources, Biological Resources, and Noise impacts unless mitigation measures are required and implemented. A Mitigation Monitoring Program was prepared to ensure compliance with required mitigation. Based on the required mitigation, staff recommends adoption of a Mitigated Negative Declaration for the project. A summary of the Mitigation Plan is below. IMPACT MITIGATION Compliance with Title 24 energy efficiency standards for buildings; energy efficient construction equipment; water down site during grading operations; minimize areas of grading; compliance with SCAQMD Rules 1113, 402 and 403. Obtain USACOE 404 Permit; Obtain CDF&G Streambed Alteration Agreement; Obtain RWQCB Section 401 Certification. Require on-site monitoring of grading/excavation; Enter into agreement with Pechanga Band of Luiseno Indians; Avoid/preserve sacred sites if found on-site. Construction of perimeter noise walls; Require interior noise analysis. Air Quality Biological Resources Cultural Resources Noise CONCLUSION/RECOMMENDATION Planning Staff recommends that the Planning Commission recommend that the City Council approve Planning Application Nos. PA04-0390 and PA04-0392 based upon the findings and the attached Conditions of Approval. R:\T M\2004\04-0392 Vinyards View Estates\PC dOCs\draft STAFF REPORT template.doc 4 FINDINGS Specific Plan Amendment 1. The Specific Plan amendment is consistent with the general plan. The proposed amendments to the zoning, land use, planning standards and development standards are consistent with the General Plan for the City of Temecula. The site is physically suitable for the type of residential uses proposed, and the proposed specific plan amendment would further the City's long-term economic development goals. Tentative Tract Map (Code Section 16.09.1400) 1. The proposed subdivision and the design and improvements of the subdivision are consistent with the Development Code, General Plan, the Subdivision Ordinance and the City of Temecula Municipal Code; Tentative Tract Map No. 23103-2 is consistent with the General Plan, the Subdivision Ordinance, the Development Code, and the Municipal Code because the project has been designed in a manner that it is consistent with the General Plan, Subdivision Ordinance, Development Code, Margarita Village Specific Plan, and the Municipal Code. 2. The tentative map does not propose to divide land, which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965; The project site is not currently in agricultural production and in the recent and historic past (up to 20 years) the site has not been used for agricultural purposes. The site is not under a Williamson Act contract nor is it zoned for agricultural uses. 3. The site is physically suitable for the type and proposed density of development proposed by the tentative map. The project consists of a 40-lot (37 residential units) Tentative Tract Map on property designated for low and low medium density residential uses, which is consistent with the General Plan, as well as, the development standards for the Margarita Village Specific Plan as amended. 4. The design of the subdivision and the proposed improvements, with conditions of approval, will not be likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Negative Declaration and Mitigation Monitoring Program have been prepared for the project, which mitigates any potentially significant impacts of the proposed project. In addition, the project has been designed to reduce any significant impacts to the environment, including noise, aesthetics, air quality, biological, and cultural resources. 5. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The project has been reviewed and commented on by the Fire Prevention Division and the Building & Safety Division. As a result, the project will be conditioned to address their concerns. Further, provisions are made in the General Plan and the Development Code R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template.doc 5 to ensure that the public health, safety and welfare are safeguarded. The project is consistent with these documents. 6. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. Prior to the construction of single- family residences the applicant will be required to submit building plans to the Building Department that comply with the Uniform Building Code, which contains requirements for energy conservation. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. All required rights-of-way and easements have been provided on the Tentative Map. The Public Works Department and Community Services District have reviewed the proposed division of land and adequate conditions and/or modifications have been made to the Tentative Tract Map. 8. The subdivision is consistent with the City's parkland dedication requirements (Quimby). The applicant has been conditioned for payment of Quimby in-lieu fees prior to building permits, which will address the City's parkland dedication requirements. ATTACHMENTS 1. Plan Reductions - Blue Page 7 2. PC Resolution No. 2005-_ (Mitigated Negative Declaration) - Blue Page 8 Exhibit A - Proposed City Council Resolution 05-_ 3. PC Resolution No. 2005-_ (Specific Plan Amendment) - Blue Page 9 Exhibit A - Proposed City Council Ordinance No. 05-_ 4. PC Resolution No. 2005-_ (Tentative Tract Map) - Blue Page 10 Exhibit A - Proposed City Council Resolution 05-_ R:\T M\2004\04-0392 Vinyards View ESlates\PC docs\draft STAFF REPORT template,doc 6 ATTACHMENT NO.1 PLAN REDUCTIONS R:\T M\2004\04-0392 Vinyards View Estates\PC docs\draft STAFF REPORT template. doc 7 ~J-f-~~I----. ~ ,,'- I. ./ \r<'~'\" ,~ =, ~::::::: ~ u ,E::)' ::::::i \'\ ~~ '.::::::::kh " ~::::::-: ~~ m. f'y---1 ,;:: rt.L r.[j ~ t10 ~ ~~ h~~~); :1,/ k'~ ~ ~ j/ ~ ).. ,/~ %(, /h . , I"'~ ~'\ :::~'1 ./~ ./ % 'fi2 '--..r-,~""" .~ ~ ~ ~ (J:=l?-\ E::"IIf1f'frn ~ ~ / ~~ 1mll )l ,~III ~ J f=: 1-11111 T ~ ~ ~~~"'~ .<... ~ yu ~ H::j <...( >- ---' fj-1 rr- ^ J'y ~ J'A. ,," \ . ~~ ~ ~~ V II. ID.> ,~v ~3 :: ' LX ~ ~ ~ <<1'11T t f--. rY\~ ~'r1 ~ ~' 2 ___yo,~' :::.: 'l< ~ 'I-" X:A -.:J.\ " "I- ~ ,'(Y~'~ ,IJ ~ \IT~~ ::::; ~ ~ ~1\\~~ :~ ~~~t::~ ~I~~ ~ ~ ~ = ~~~ \~~~ ~ tjrn~~\~ A"Y'~ I~'X~~ \ " J Project Site {} \ t'- .\- -' J=, ffiI II ~ (l) o ) (l) General Plan ATTACHMENT NO.5 EXCERPT FROM DRAFT PLANNING COMMISSION MINUTES (June 1, 2005) A:\T M\2Q04\04-0392 Vinyards View Eslales\CC docs\CC Agenda Report 07.26.05.doc 8 For the Planning Commission Director of Planning Ubnoske relayed that staff would be willing to work with the applicant with regard to the additioR of windows and lighting to the rear elevation of the buildings. Concurring with fellow Commissioner's, Chairman Mathewson relayed his full support of the proposed project and noting the following: . That a running cap of barrel tiles along the stone-faced parapets to present a finished edge and to integrate the parapets will be incorporated . That umbrellas for outdoor public seating areas for Buildings C and between Buildings A and B will be added but that this would not be intended for outdoor dining . That the applicant will be working with staff to address the possibility of adding windows and lighting to rear elevations . That a sign program be brought back to the Planning Commission for final review . That Condition of Approval No. 18 (site plan shall be revised to angle Building A at the corner of Overland Drive and Margarita Road and to shift Building B) be deleted. MOTION: Commissioner Guerriero moved to approve staff's recommendation with the exception of the revision to angle Building A. Commissioner Telesio seconded the motion and voice vote reflected approval with the exception of Commissioner Chiniaeff who was absent. , '- PC RESOLUTION NO. 2005-037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA04-0563, A DEVELOPMENT PLAN TO CONSTRUCT AND OPERATE A 37,173 SQUARE FOOT MIXED-USE RETAIL/OFFICE/RESTAURANT CENTER ON 5.6 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OVERLAND DRIVE AND MARGARITA ROAD, KNOWN AS ASSESSORS PARCEL NO. 921-810-026 At this time, the Planning Commission took a five minute break. 6 Planninq Application No. PA04-0390 and PA04-0392. a Marqarita Villaqe Specific Plan Amendment and Vinvard View Estates Tentative Tract Map No. 23103-2. submitted bv Vinvard View Estates LLC. Marwan Younis. includinq a Specific Plan Amendment to Planninq Areas 7 and 9 of the Marqarita Villaqe Specific Plan and Tentative Tract Map No. 23103-2 and includes 18.32 acres that is currentlv undeveloped. The Specific Plan Amendment is a request to amend the zoninq desiqnation from one-acre minimum to 7.200 square foot minimum in Planninq Area 7, and from one acre to 20.000 square foot minimum in Planninq Area 9. The proposed Specific Plan amendment also includes a request to chanqe the land use desiqnation in the Marqarita Villaqe Specific Plan from Low Densitv to Medium Densitv in Planninq Area 7. No Specific Plan land use chanqe is proposed for Planninq Area 9. The Tentative Tract Map No. 23103-2 is a request to subdivide 18.3 acres into 40 parcels. includinq 37 residential lots and 3 open space lots located on the northwest corner of Butterfield Staqe Road and Chemin Clinet R:IMinutesPCI060105 8 , Senior Planner Papp presented a staff report (of record). . That staff determined that the proposed project would not be exempt from CEQA and a Mitigated Negative Declaration was prepared and put out for public review . That prior to tonight's meeting of June 1, 2005, staff distributed a letter received on May 27, 2005, from South Coast Air Quality Management District, who expressed concern with emissions from the construction activity of the project . That staff contacted the applicant's representative, Mr. Matthew Fagan, whom has been working with South Coast Air Quality Management District and provided them with information from an Urbemis study that was prepared for the project; and that South Coast Air Quality Management District has since accepted that information and no longer have concerns with the Mitigated Negative Declaration; that staff has confirmed the information with Mr. Gordon Meiss, from the South Coast Air Quality Management District who verbally consented to agree to accept the Mitigated Negative Declaration as is and that staff will be following up with a written correspondence on Thursday, June 2, 2005. For Chairman Mathewson, Senior Planner Papp relayed that the average lot size adjacent to Chardonnay Hills would be approximately 8,000 square feet 25,000. At this time, the public hearing was opened. Via overheads, Mr. Matthew Fagan, representative for Marwan Younis and Vinyards View ( Estates, LLC, noted the following: . That the applicant has worked with staff and surrounding residents of the proposed project to ensure that all concerns have been met . That the applicant will be incorporating half-acre lots and will restrict the units to single- story which is allowable in the current Specific Plan . That the intent of the applicant would be to preserve view corridors for the surrounding residences . That larger lots (Planning Area 9a) will be committed to single-story units. Thanking staff for all their efforts, Mr. Marwan Younis owner of proposed project, spoke in favor of the proposed project, noting that two meetings were held with surrounding residences to ensure that their concerns were addressed. The following two individuals spoke in favor of the proposed project, noting that the steps that that Mr. Younis has taken to address concerns are appreciated. . Mr. Brad Ballreich . Mr. Ron Hammerton The following three individuals spoke in opposition of the proposed project advising that some residents have paid high premiums for a home with a view and that by approving the proposed R:IMinutesPCI060105 9 project, those homes would depreciate in value; that the residents would prefer to keep to the original proposed 14, one-acre lots; and that 391 residents of Chardonnay Hills have signed a petition opposing the proposed project. . Mr. Dan Morgan . Ms. Susan Allen . Mr. Edd Hodapp Mr. Fagan relayed that it would not be the intent of the applicant to bring in more fill dirt but will be moving dirt that is currently onsite. At this time, the public hearing was closed. COMMISSION DISCUSSION Chairman Mathewson noted that that in terms of what is currently being proposed, it would be his opinion that the proposal for half-acre lots on the south side in Planning Area 9 with a commitment to have single-story restrictions would provide for a satisfactory buffer. Chairman Mathewson also noted that he would be of the opinion that the proposed project will blend in with the surrounding area and would be in full support of the project. Commissioner Telesio also spoke in favor of the proposed project noting that the proposed project would in consistent with the Margarita Village Specific Plan Subdivision Ordinance. ( Commissioner Olhasso noted her opposition to the proposed project and would be 01 the opinion that the project should remain at 14, one-acre lots. Understanding the concerns of the residents in opposition of the proposed project, Commissioner Guerriero relayed that the proposed project would be below the allowable anticipated development and that he would be in full support. MOTION: Commissioner Guerriero moved to approve the proposed project. Commissioner Telesio seconded the motion and voice vote reflected approval with the exception of Commissioner Olhasso who voted No and Commissioner Chiniaeff who was absent. COMMISSIONER'S REPORTS A. Guerriero noted his appreciation for the quality of staff's reports. B. Commissioner Olhasso commented on the mannequins and furniture on the 1-15. C. Commissioner Telesio expressed concern with a large amount of trucks parked on Randall Road. D. Chairman Mathewson thanked staff for their efforts in removing the signs at Rebel Nail Salon. . Chairman Mathewson also thanked the redevelopment staff for all their efforts with Oid Town. R:IMinutesPCI060105 10 DEPARTMENTAL REPORTS APPROVAL CllY ATTORNEY DIRECTOR OF FINANCE CllY MANAGER~ CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager Anthony J. Elmo, Director of Building & safe~ FROM: DATE: July 26, 2005 SUBJECT: Departmental Report June 2005 PREPARED BY: Carol Brockmeier, Administrative Assistant The month of May 2005 showed a gain of construction activity as compared to previous months. The following is an overview of permit and inspection activity for June. Sinale Familv Development - Tracts In June, the City has issued 106 new single family home permits in June for a total of 708 single family homes currently under construction. These homes are primarily in Harveston which currently has with 212 homes under construction and Wolf Creek with 381 homes. Custom Sinale Familv Homes As of June, we have 32 custom homes under construction for a total of 138,947 sq ft. Multi-Familv Development Cape May Apartments in Harveston is constructing 19 buildings equaling 264 units. Temecula Ridge is in the building process with 22 buildings totaling 76 units; while Temecula Creek has completed most oftheir condo construction and have only 1 building with 20 units left to final. Commercial Development June Plan Check activity include submittals for Bank of America, Kadu Restaurant, Henry's, Legacy Group, In & Out, Coco Loco Juice, Penfold Building and the Boys & Girls Club to name a few. Total Permit and Inspection Activitv During the month of June 397 permits were issued representing a construction valuation of $49,151,349. The total fees collected in the month of June were $1,436,665. During the month of June inspection staff performed 4,739 inspections. .~------ ,- CITY ATIORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council ~ Jim O'Grady, Assistant City Manag~ July 26, 2005 DATE: SUBJECT: Economic Development Monthly Departmental Reports Prepared by: Gloria Wolnick, Marketing Coordinator The following are the recent highlights for the Economic Development Department for the month of June 2005. ECONOMIC DEVELOPMENT Leads and Inauiries In the month of June, the City received a lead regarding opening up a police equipment wholesale distribution business in Temecula Valley, a company that manufactures and markets shipping containers- initial 40 - 60 jobs for the company will be high-end engineering, research and administrative positions. EXDansion Staff met with Urs Aeberli of FFF Enterprises regarding a new refrigeration system they will bring to the plan review soon. It is roughly 52,000 cubic feet of cold storage that will enable FFF to process one million flu vaccinations per week (about 14 million doses in all) for next year's cold and flu season. Building Department staff identified some special requirements for FFF's submittal that may help them through the process in a more timely fashion. Business Retention EDC Business Retention follow-up: 20 Visits and 2 Phone Surveys SDecial Events Councilmembers Edwards and Washington and staff attended The National Association of Industrial and Office Properties (NAlOP) Economic Forum which was held at Temecula Creek in on June 9th. Moderator Dennis Frank, President of the EDC of Southwest California, provided an overview of the regional as well as the EDC organization. Jim O'Grady presented an overview of development projects in Temecula. 1 The event was attended by nearly 200 commercial brokers from Southern California. Staff met several times with the Alliance Partners and NAIOP representative to plan and prepare for the event. Councilmember Edwards and staff attended the Rancho Ford 10th Anniversary Celebration on June 2nd. Staff attended the Temecula Valley Chamber of Commerce Annual Economic Outlook Conference which was held at the Temecula Creek Inn on June 23rd. The keynote speaker was Esmael Adibi, director of the A. Gary Anderson Center for Economic Research and Anderson Chair of Economic Analysis at Chapman University. He received his doctorate degree in Economics from Claremont Graduate University. He joined the Chapman faculty in 1978, and was appointed director of the A. Gary Anderson Center for Economic Research in 1985. Councilmember Edwards and staff attended Guidant Customer Day at Pechanga Resort & Casino on June 28th. Recipients of Guidant life saving products spoke to Guidant employees. Media/Outreach Materials Staff wrote the City article for the July Chamber of Commerce Newsletter titled: State of 1-15 South - An Economic Overview, Temescal Canyon to Temecula. The article highlighted the City of Temecula's presentation that was given at the National Association of Industrial and Office Properties (NAIOP) Economic Forum which was sponsored by the Southwest California Economic Alliance and NAIOP. Temecula's presentation focused on "Why Temecula is such a special place to live and do business." The Southwest California Economic Alliance announced its partnership with Southwest Airlines (SWA). Among all industries in 2005, Fortune Magazine has listed Southwest Airline as number five among America's top ten most admired companies. As part of the Alliance partnership with SWA, the Alliance is considering becoming involved in the SWA "Featured Destinations" program. Featured Destination is SWA's promotion, in which cities, states, or regions can receive prime placement on SWA's home page highlighting themselves as a destination. SWA will include destination information, as well as airfare, car, and hotel specials only available on Southwest.com. Featured Destinations is also the only destination promotion included in SWA's weekly Click 'N Save@ em ail that reaches over 4.2 million travelers. Meetinas Staff attended the Economic Development Corporation of SW California Business Relations Committee Meeting on June 2nd. The meeting was held at Southwest Community Bank. Follow-up action reports included: Temecula Valley RV (training and recruitment assistance), Mission Oaks National Bank (demographic information) and Opti-Forms (recruitment assistance). The committee discussed recruitment challenges 2 with many companies and agreed that creating awareness with local companies that wages was a factor in recruiting successfully. It was suggested that the Economic Alliance job database be promoted more heavily. Staff announced the NAIOP event on June 9, the Redhawk annexation celebration on July 2, Dr. John Husing would present the updated demographic report to CQuncil on June 28, the Higher Education Center was approved by the Planning Commission and would go to Council soon, Town Plaza center would get a face lift, and the draft budget would go to Council on June 14 for approval, which included capital improvements to wireless connection in Old Town. Staff attended the Murrieta- Temecula Group meeting on June 3'd at Callaway Vineyard & Winery. Murrieta City Manager Lori Moss spoke regarding development and projects in the City of Murrieta. Staff attended the Economic Development Corporation of SW Riverside County Board of Directors Meeting on June 16th at the Diamond Valley Lake Visitors' Center in Heme!. A tour was provided by Linda Pogenpole and presentation was given by David Macaroy on current activities and developments occurring and planned for Diamond Valley Lake. Updates were provided on the following: EDC Golf Tournament, new EDC logo and letterhead and local television station for SW California. Staff reported on: Temecula advertisement and coverage in the Anaheim/Orange County area special commemorative in USA Today - Disneyland's 50th Anniversary Celebration. Upcoming events - Invitation to the Redhawk Annexation Celebration on Sa!. July 2nd at Redhawk Elementary School, and 4th of July Celebration in Old Town and Ronald Reagan Sports Park with fireworks. Project Updates -The Development Agreement and site plan for the Higher Education Center campus will go before Council on the 28th. Construction estimated to begin January 2006 and Fall 2006 for occupancy. Update on Verizon fiber optics program. ABC License for Temecula House of Wine and Palomar Hotel on Front Street - authorize a wine tasting facility with wine retail sales. The Inland Empire chapter of the National Association of Industrial and Office Properties (NAIOP) held their economic forum on June 9th at Temecula Creek Inn. Approximately John Husing will present the updated Temecula Demographics Community Profile at the June 28th Council meeting. Staff attended the Partners in Education Committee Meeting on June 3rd. Items discussed: College Fair with possible Business and Military participation and an update on Career Day - need coordinator at each school. Staff met with Jim Capagosio on June 7th regarding development of the John Hine Mazda site in the auto mall. Councilmember Edwards and staff met on June 8th at Supervisor Stone's office regarding the new television station for Southwest California. On June 23'd, staff met with Skip Hornhorst of the Aardex Corporation regarding potential medical office facilities in Temecula. Staff attended the Southwest California Economic Alliance Partner's Meeting on June 28th. Brad Anderson made a presentation on the 1-215 South Corridor Summit which is scheduled for Fall 2005. Agenda items included discussion and updates on the Alliance GIS website, jobs database, Southwest Airlines tie-in, advertising opportunities, and Broker Breakfast in San Diego, Stem Cell Forum, and buy-in on the Southwest 3 California Branding for the region. ERISS Corporation, an award-winning tele-research firm, has surveyed over 2 million employers. Its specialty is job/labor market research, real-time salary information, real-time labor demand information, and prospect identification for financial institutions, real-estate and insurance firms. There was discussion to have ERISS conduct a survey in the San Diego high-tech/bio-tech market for the Alliance. TOURISM Special Event On June 22nd, City and Chamber representatives met with Dave Endress, Director of Group Sales for Lake Elsinore Storm, to brainstorm ideas for Community Promotions for Temecula & Storm. The Lake Elsinore Storm will host a "Temecula Night at the Storm" on Friday, August 12, which is also Fireworks Night. Mayor Comerchero will throw out the first pitch. The Storm will also recognize the City Council their families on the field prior to the game as well as Temecula residents will receive discounted admission, and the Storm would like to donate 50 cents of each Temecula ticket sold to a SAFE. We will be assisting the Storm in publicizing this, and the Storm's mascot "Thunder" is planning to participate in our 4th of July parade. We will also plan to publicize this at the concert/activities at the Ronald Reagan Sports Park also on the 4th. The Chamber will be assisting in the publicity, and tickets for the game should be available at the Chamber's booth on the 4th. In the month of June, staff provided assistance to the Musician's Workshop for their Temecula International Jazz Festival which will be held July 14th - 17th at several venues in Temecula. The City of Temecula is a major sponsor. Advertisina & Media Staff worked with Mark Fisher & Associates on the design of the City ad for the Temecula International Jazz Festival Program. The City is a premier sponsor for the Festival and receives a free ad. , Staff worked with Annie Howell on the design of the City ad for the Anaheim/Orange County Visitor Guide. City continues to advertise in Westways magazine and receives a great response. Staff worked with graphic designer Annie Howell on updating the City's ad for the San Diego Visitor Pocket Guide which will be published Summer/Fall 2005. The travel publication was published in June (see attached). Staff submitted photos and events to RV Journal which featured the events in its summer issue. (see attached) Staff prepared the Temecula Quarterly Calendar of Events which was sent to travel media. Temecula Tourism Rack Brochure has been produced and is now in rack service in San Diego County & San Diego Corporate, Phoenix Corporate, Palm Springs, Orange 4 County, California Welcome Centers and parts of Los Angeles County. Additional distribution includes: Temecula Chamber of Commerce & CVB, special events, tourism trade shows and is included in the City's press and business kits. The brochure includes highlights of Temecula's tourism attractions and special events. 300,000 printed City placed a full page ad in the 2005 - 2006 San Diegan tourist publication. Staff provided photos and editorial to the writer. A chapter is written on Temecula and on Wine Country. 225,000 copies are printed and the publication reaches 7 million readers annually. (see attached) Meetinas On June 2nd, staff met with Temecula Detective Brown to discuss The 2005 Good Old Days Car Show. Staff met with graphic designer Annie Howell on June 15 and 30 to discuss the design and content of the new Temecula Retail Insert, Business Brochure and Demographic Insert. ATTACHMENTS Temecula Valley Chamber of Commerce Activities Report Economic Development Corporation of Southwest California Business Relations Activity Report Southwest California Economic Alliance Activities Report (not submitted) Advertising/Media 5 / .,i' I~ TEMECULA VALLEY CHAMBER OF COMMERCE July 11, 2005 Shawn Nelson, City Manager City of T emecula 43200 Business Park Drive Temecula, CA 92590 Dear Shawn, Attached please find the June Monthly Activity Report as per our contract with the City of Temecula. This is the month of June at a glance: Business Inquiry Highlights: In the month of June, 5 businesses requested information on starting or relocating their business to Temecula. They received a business packet, which included a copy of the City of Temecula demographics, relocation, housing, rentals, maps, organizations, etc. Board of Directors Highlights: Alice Sullivan, President/CEO will be graduating this year from the U.S. Chamber Institute for Organization Management. Provided by the U.S. Chamber of Commerce, it is a premier professional development program for professionals. The second annual 2005 Leadership Academy is underway. It will be taught by a who's who of business management leaders and consultants, the Leadership Academy instructors will expose participants to the latest concepts, approaches and tools for management and leadership. The TVCC, City and Lake Elsinore Storm is currently working on a Temecula Community night on Friday, August 12'h, 2005. Education Committee: The committee is currently working on ways to increase the scholarship amount that the Chamber awards each year. Temecula Valley Convention and Visitors Bureau: Convention Business/Larae Groups June 13'h, the TVCVB partnered with Melody's Ad Works to send out a press release for the Shelby America Cruise Night to Temecula scheduled for Thursday, June 30'h, 2005. The Shelby Convention is scheduled for Riverside. The cars will cruise through Old. Town Temecula on one of the evenings. June 15'h and June 29'h, the TVCVB worked with meeting planner Joyce Spadoni. Ms. Spadoni has scheduled a large convention at Pechanga Resort & Casino for September 2005. The TVCVB is assisting her with additional group activities for her attendees. Thursday, June 16'h, the TVCVB attended an open house at Temecula's Best Adventures in Old Town. This member business is a new Destination Management Company promoting the Temecula Valley. Trade Shows/Fam Tours/Community Partnerships Friday-Sunday, June 3_5'h, the TVCVB attended the 22'" Annual Balloon and Wine Festival at Lake Skinner. The TVCVB attended the festival with more than 30 volunteers and successfully handed out collateral for the TVCVB supporting businesses. The TVCVB also promoted our new website. Event data is still being collected but early reports indicate record- breaking days for Friday and Saturday. This information will be reported in July. Tuesday, June 215' and June 22", the TVCVB attended the Del Mar Fair representing the Temecula Valley International Film Festival and the Temecula Valley. The International Film Festival 2004 attendance was 10,000 and the 2005 projected attendance is 12,000. The Film Festival is anticipating media coverage to be extensive and global, reaching over 15,000,000 media impressions worldwide. The Temecula Valley 26790 Ynez Court. Temecula, CA 92591 Phone: (951) 676-50'10 . Fax: (951) 694-0201 www.temecula.org . e-mail: info@temecula.org -- -;.,- International Film Festival is scheduled for September 14-18, 2005. Thursday, June 30'h, the TVCVB attend the Shelby American Car Convention in Riverside at the Mission Inn Hotel. Staff spoke to over 500attendees in seven different buses. The TVCVB handed out Temecula Maps, Wine Country Maps, Dining listings and Casino information for evening activities. MarketinQICommunitv Partnerships Wednesday, June a'h, the TVCVB joined the Western Association for Convention and Visitor Bureaus (WACVB). The Western Association of Convention & Visitor Bureaus is dedicated to the professional growth of its members. W ACVB's primary goal is to promote and expand the influence of the convention and visitor industry through education. The association serves more than 130 member bureaus in the western United States and western Canada. Wednesday, June 15'h, the TVCVB updated the TVCVB Visitors information and website with the San Bernardino CVB. Monday, June 20'h, the TVCVB met with Jim Carter, owner of South Coast Winery Resort & Spa. This meeting was established to address partnership opportunities with the TVCVB on the proposed 2% self- assessmentlvisitor's fee. Jim Carter supported our initiative and agreed to partner. Details of this agreement will be communicated in July 2005. Monday, June 20'h, the TVCVB updated the TVCVB Visitors information with AAA to include website and the toll free phone number. Monday, June 27'h, the TVCVB spoke with Buddy Lynn the new owner of Maurice Car'rie Winery regarding an opportunity to open a Visitors Center in Wine Country. Mr. Lynn has rental property available next to the Temecula Valley Winegrower's Association. The TVCVB business strategies include adding Visitor Centers throughout the T emecula Valley. Discussions have also taken place with the City of Temecula for the new Community Theater as a proposed location for a small VC. Media MarketinQ Thursday, June 9'h, the TVCVB interviewed with Meetings Media for the 2005 Fall issue on the Temecula Valley. Topics covered were Wine Country, Old Town, Pechanga Resort & Casino, Temecula Night Life, the new Sports Complex, Arts and Culture, the future Educational Center and Community EventslFestivals. Industry contacts were given for the editorial. Friday, June 24'h, the TVCVB interviewed with KNX 1070 Topic "Great Places to Vacation Close to Home". Tuesday, June 14'h, 2005 the TVCVB met with Nick Johnson, an independent film-maker from the Inland Empire. Nick will be covering human-interest stories relating to Tourism in the Temecula Valley. Suggested topics were provided on Pechanga Resort & Casino and the Wine Maker's at South Coast Winery Resort & Spa. Funding Monday, June 13'h, the TVCVB drafted the first documentation for the Tourism Improvement District (TID) to include, request to forum a resolution both for the City and County. The TVCVB also developed the Management District Plan. Next steps will be to finalize the plan and budget and meet with the T emecula City Council. Website MarketinQ During the month of June the TVCVB website has received over 2,500 unique visitors. The TVCVB assisted with 1,849 phone calls, 2,477 Walk Ins, 252 mailings and 79 e-mails. The TVCVB held all committee meetings to include: Finance, Government, Membership and Marketing. Southwest California Legislative Council: Members from the Temecula, Murrieta and Lake Elsinore Chambers attended the Legislative Summit in Sacramento. Position papers were presented to local legislators. Position papers dealt with the positioning of the Homeland Security Center at the Ben Clark Training Facility, future needs of Mt. San Jacinto College, which is the fastest growing community college in California and worker's compensation issues that continue to impact businesses. Council voted to support the $7 million expense item in the budget to promote California as a tourism destination. Council voted to support the early repayment of 50% of the VLF funds. Positions on the following bills were taken: 58 399 - 3'. Party Liability - Oppose SB 760 - Port Regulatory Fee - Oppose AB 1093 - Wages - Support SB 833 - Unsolicited Advertising Faxes - Oppose SB 409 - Conservation element, General Plan - Oppose SB 762 - CA Intermodal Port Congestion - Oppose AB 581 - Public works wages - Oppose SB 174 - Minimum Wage - Oppose Business Development Resource Committee: The Mystery Shopper winner for July is Jazzercise Center of Temecula. The Businesses of the Month for July, chosen by the TVCVB, are A Grape Escape Balloon Adventure and Tour of Temecula Map Guide. The Chamber Spotlight winner for July 2 ~- " is Agape Financial. Topics for the 2005 Technology Forum & Expo have been determined and will be 1) Customer Relationship Management Software, 2) Security Concerns Relating to Technology and 3) Network & Wireless Technologies. The expo will be held on Friday, August 26th, 2005 from 10:00am - 12:00pm at the Chamber Conference Room and the current sign up for attendees is 30 members, with a maximum of 50. Eight of the twelve vendor booths have been assigned with member businesses relative to the three topics being presented. Membership & Marketing Committee: 35 businesses joined the Chamber in June 2005. Staff and Ambassadors attended 4 Ribbon Cutting events. Over 300 members and guests attended the monthly mixer, which was hosted by 1st Centennial Bank. 73 members networked during the Membership Networking Breakfast at the Embassy Suites Hotel in June. Special Events Committee: The 5th Annual Economic Outlook Conference was held on Thursday, June 23, 2005 at Temecula Creek Inn from 3:30 p.m. to 5:30 p.m. with Dr. Esmael Adibi as the keynote speaker. The Special Events Committee is also planning the 14th Annual Monte Carlo Extravaganza, which is scheduled to take place Wednesday, September 21, 2005 at the beautiful Wilson Creek Winery. The Southwest California Legislative Summit will be held on Friday, September 30, 2005 with Dan Walters from the Sacramento Bee as the event moderator. Panelists will include, Insurance Commissioner John Garamendi, Senator Dennis Hollingsworth, Assembly member John Benoit, Assembly member Russ Bogh, First Vice President of Pechanga Development Corporation, Anthony Miranda and a representative from the Public Utilities Commission. Tourism Highlights (Bulk brochure distributors) Activity Report: o 139 Visitor Guide requests were processed from the City of Temecula's Westway's advertising marketing piece. o 40 Temecula Tri-fold Brochures, 40 Tourism Maps and 40 Winery Brochures were distributed to Jason Navaroli for a wedding. o 40 Temecula Tri-fold Brochures and 40 Winery Brochures were distributed to Gary Hagelbarger of SKP Park RV Aguanga for an Ohio RV group. o 800 Temecula Tri-fold Brochures and 300 Winery Brochures were distributed to Jo Moulton of Cinema Alliance Entertainment for the Film Festival. o 75 T emecula T ri-fold Brochures and 100 Winery Brochures were distributed to Deborah Thoisen of Coldwell Banker for new homebuyers. o 30 Winery Brochures, 30 Temecula Tri-fold Brochures and 30 Tourism Maps were distributed to Beveriy Garriques for a family reunion. o 60 Temecula Tri-fold Brochures, 60 Winery Maps and 60 Tourism Maps were distributed to Bernadine Anderson for a family reunion. o 20 Visitor Guides and 40 Tourism Maps were distributed to Marie Weaver for a class reunion. o 50 City Maps were distributed to LeeAnne Walters of Stanley Steemer for contacts in Temecula. o 125 Temecula Tri-fold Brochures and 175 Winery Brochures were distributed to Gloria Easterwood to deliver to RV and Campsites in the area,_ Activity Report: o Tourism calls for the month of June -1,849 o Phone calls for the month of June - 3,447 o Walk-ins for the month of June - 2,477 o Web Page User Sessions for the month of June - 6,438 Also, attached are the meeting minutes for the Temecula Valley Convention & Visitors Bureau, Education, Southwest California Legislative Council, Business Development Resource, Membership and Marketing and Special Events committees. If you have any questions regarding this information, please call me at (951) 676-5090 or e-mail asullivan@temecula.org. Thank you. 3 -- Sincerely, cc: Mayor Jeff Comerchero Councilman Mike Naggar Shawn Nelson, City Manager Jim O'Grady, Assistant City Manager Gloria Wolnick. Marketing Coordinator Mayor Pro Tern Ron Roberts Councilman Chuck Washington Councilwoman Maryann Edwards Gary Thornhill, Deputy City Manager TVCC Board of Directors 4 -- , Temecula Valley Chamber of Commerce Monthly Activity Report June 2005 Chamber Vis. Center Year- To-Date PHONE CALLS This Month This Month Total TOURISM Tourism Referrals 365 2,162 Calendar of Events 226 1,293 Special Events 281 1,870 General Information 977 5,799 TOTAL TOURISM CALLS 1,849 11,124 Relocation 232 1,154 Demographics 145 828 Chamber 794 4,857 Miscellaneous 427 2,687 TOTAL PHONE CALLS 3,447 20,650 WALK-INS Tourism 222 43 1,293 Calendar of Events 178 896 Special Events 102 1 710 General Information 803 52 4,586 Relocation 187 1 978 Demographics 121 708 Chamber 547 3,441 Miscellaneous 317 1,842 TOTAL WALK-INS 2,477 97 14,454 MAILINGS Tourism 252 1,763 Relocation 66 267 Demographics 68 300 TOTAL MAILINGS 386 2,330 E-MAIL Tourism 79 621 Relocation 91 494 Miscellaneous 187 1,138 TOTAL E-MAIL 357 2,253 WEB PAGE USER SESSIONS 6,438 28,730 GRAND TOTALS This Month Year-To-Date PHONE CALLS 3,447 20,650 WALK-INS 2,477 14,454 MAILINGS 386 2,330 E-MAIL 357 2,253 WEB PAGE USER SESSIONS 6,438 28,730 -- . Annual Volume Comparisons Chamber Chamber Percentage June 2004 June 2005 PHONE CALLS TOURISM Tourism Referrals 410 365 -11% Calendar of Events 175 226 29% Special Events 376 281 -25% General Information 1,285 977 -24% TOTAL TOURISM CALLS 2,246 1,849 -18% Relocation 201 232 15% Demographics 139 145 4% Chamber 997 794 -20% Miscellaneous 422 427 1% TOTAL PHONE CALLS 4,005 3,447 -14% WALK-INS Tourism 196 222 13% Calendar of Events 132 178 35% Special Events 83 102 23% General Information 897 803 -10% Relocation 212 187 -12% Demographics 124 121 -2% Chamber 531 547 3% Miscellaneous 368 317 -14% Visitor Center Walk-Ins 133 97 -27% TOTAL WALK-INS 2,676 2,574 -4% MAILINGS Tourism 555 252 -55% Relocation 50 66 32% Demographics 50 68 36% TOTAL MAILINGS 655 386 -41% E-MAIL Tourism 98 79 -19% Relocation 81 91 12% Miscellaneous 250 187 -25% TOTAL E-MAIL 429 357 -17% WEBSITE USER SESSIONS 4,913 6,438 31% . Chamber referrals reflect faxes, walk-ins and phone calls ~ TEMECULA VALLEY - --- Convention and Visitors Bureau Finance Subcommittee Meeting Minutes Thursday, June 2, 2005 @ 9:30 a.m. Location: TVCC Chairperson: Vacant TVCVB Co-Chair: Valarie Skovron (present) Board Liaisons: Denis Ferguson (not present), Bill Wilson (not present) Committee Present: Ginny Mulhern, Brian Thrush, Rose Kamppila Staff Present: Carrie Kumano Call to Order and Self-Introductions The meeting was called to order at 9:40 a.m. Self-introductions were made by the group. Approval of Meetin!:! Minutes Mulhern made a motion to approve the May 5th, 2005 meeting minutes as written; Thrush seconded the motion, which carried. Tourism Improvement District (TIDI Kumano and Skovron explained the TID and mentioned that on May 23'd, TVCVB staff and some of the Advisory Board members met with a majority of the hotels to discuss the formation of the TID. Consultant, John Lambeth of Down Town Resources was there to explain the process and answer questions. We have full support of the Temecula City Council and the process shouldn't take more than 60 - 90 days to implement. We would most likely proceed with the 1994 plan of 5 years, with a 1 O-year extension. October Mixer & Fundraiser The date for the event will be Thursday, October 13, 2005 and held at the Temecula Creek Inn's Stonehouse. Mulhern mentioned that she still hears positive feedback on last year's event. Skovron mentioned that we need to see what worked well last year and what things can we improve on. Guests seemed to like the photography and the costume. (fontests. Kumano said that with the inception of the TID, we will not have to focus so much on the fundraising part and we can make sure there are more activities and networking opportunities. Kamppila suggested that we sell tickets, like at a carnival, and guests will then have the opportunity to play games and win prizes, given by the sponsors. Skovron mentioned that we need a theme and a budget. Kumano suggested staging since it was difficult for everyone to see the costume contest and the individuals trying to make presentations. It was suggested to possibly use hay-bales as an inexpensive alternative to staging. Skovron said we will need to organize a task force and start on the specifics and details of the event. Mulhern suggested that maybe we could also give awards at the event and recognize those individuals who have made a big difference within the past year. Skovron made a motion to keep the same dollar amounts for the sponsorships ($1,000, $500 and $250); Thrush seconded the motion, which carried. Transportation will need to be addressed since the Stonehouse is on the golf course. We will need to meet with Doug Leiber to discuss specific details and options like food, rental equipment, etc. ~- "" ~ Action Steps for Next Meetin!:! . Organize a task force for the October Mixer & Fundraiser . Schedule meeting with Doug Leiber prior to next meeting date . Establish theme/tag line for October Mixer & Fundraiser . Bring ideas for awards, decor and costs for October Mixer & Fundraiser . TID Update Adiournment Thank you for attending!! Next Meeting: Thursday, July 7th, 2005 @ 9:30am Location: TVCC ~- . TEMECULA VALLEY - ---- Convention and Visitors Bureau Government/Public Relations Subcommittee Meeting Minutes Thursday, June 16,2005@2:00 p.m. Location: TVCC Chairperson: Dr. Billie Blair (present) TVCVB Co-Chair: Valarie Skovron (present) Board Liaisons: Greg Morrison (not present) Committee Present: Ginny Mulhern Staff Present: Kimberly Adams, Carrie Kumano and Alice Sullivan Call to Order and Introductions The meeting was called to order at 2:02 p.m. Approval of Meetina Minutes Skovron made a motion to approve the May 26, 2005 meeting minutes as written; Mulhern seconded the motion, which carried. Special Guest Shaun Lumachi Lumachi spoke about how he got started with the Southwest California Legislative Council. He currently works with 8 chambers and coordinates, in the background, assisting with local regional legislative issues and actions. So far the SWCLC, which is comprised of the Temecula Valley, Murrieta and Lake Elsinore Valley Chambers of Commerce) has taken positions on 25 pieces of legislation on items that impact this region. The TVCVB Government Committee can make recommendations to the SWCLC and then they can take action. The SWCLC responsibilities are 1) track issues and legislation, 2) get individuals involved (by holding press conferences, inviting people to come speak at the meetings regarding issues and through the chamber newsletter), 3) serve as a resource and 4) develop communication strategies (via newsletter articles, e-mail alerts and the advocacy website). Lumachi showed the website to the group www.southwestcaliforniaadvocacY.biz and mentioned that it offers priority lists, top issues, allows tracking of issues and allows individuals to submit letters of support or opposition to the SWCLC. Lumachi stated that the TVCVB Government Committee could make recommendations on tourism priorities that should be listed on the website. The ultimate goal is to have a part-time staff member hired to continue the efforts of the SWCLC. The chamber members will need to see the return-on-investment and value with associating with the alliance. Lumachi mentioned that the key to success is momentum and the SWCLC is so far the most active, aggressive and interested group that he is a part of. Blair suggested Lumachi to speak to the Economic Development Corporation. Blair also asked if there was a process to submit issues to the SWCLC and Lumachi said they can be submitted directly to the SWCLC or any of the three chamber presidents or the chairperson of the council. All four of those individuals have the authority to make quick decisions and act on legislation with the best interest of the group in mind. The e-mail system is still being developed but will be completed by next week. Discussion of Leaislation Blair gave some topics that were discussed at the EDC meeting earlier in the morning at Diamond Valley Lake. The Metropolitan Water District had renderings of how the lake and recreation center was going to be laid out. Most will be complete with 1-2 years. Gregory Lee of the Southwest ~_ California Economic Alliance is on the committee and mentioned that San Diego businesses are expressing an interest in moving out of San Diego because of the high costs. He will be speaking to San Diego businesses at an upcoming meeting. Gloria Wolnick is on the committee and mentioned the ad that is currently running with Disney on their 50th anniversary promotion. The education complex should be complete by June 2006. Mulhern mentioned the Wine Society is sponsoring the first wine competition for the Temecula Valley. It will be on July 11 and 12 at Maurice Carrie Winery with hopes of over 200 wines competing and judges from outside the area have already been selected. It was stated that the TVCVB should get involved with events like this and show support. Mulhern will contact the Wine Society and see how we can get involved for this event. Blair mentioned that we will need to continue to reach out to those who may need assistance until they know we are here and how we can help. New Subcommittee MeetinQ Schedule Meetings for this subcommittee will now be held quarterly with the option of calling special meetings if necessary. Action Steps for Next Meetina . Continue to bring updates from Southwest Legislative Council . Wine Country Issues Adiournment Thank you for attendingl! Next Meeting: Thursday, September 15th, 2005 @ 2:00pm Location: TVCC -- TEMECULA VALLEY - --... Convention and Visitors Bureau Marketing Subcommittee Meeting Minutes Thursday, June 9, 2005 @ 11 :30 a.m. Location: TVCC Chairpersons: Jeff Brown (not present), Steve Mallory (not present) TVCVB Co-Chair: Ginny Mulhern (present) Board Liaisons: Melody Brunsting (present), Kelly Daniels (present) Committee Present: Valarie Skovron, Jim Miley, Jeannie Miley, Dave Endress, Leah DiBernardo, Sharon Fonseca, Carolyn Fittipaldi, Rudy Adame, Eva Kenny Staff Present: Kimberly Adams & Carrie Kumano Call to Order and Introductions The meeting was called to order at 11 :30 a.m. Self-introductions were made around the group. Approval of Minutes Skovron made a motion to approve the May 12, 2005 meeting minutes. Endress seconded the motion, which carried. Website Postcards Adams reported that we had approximately 1900 hits to the TVCVB website for May. Website postcards were handed out to the group for them to use when promoting the TVCVB. We've had good feedback so far on the website and its offerings. Marketing Membership Sales Blitz Mulhern spoke about launching a phone blitz campaign to increase the TVCVB membership. We will need to contact all TVCC members to solicit their participation in membership. Adams mentioned the inception of the Tourism Improvement District (TID) with full support of the City Council. We need to inform potential members of the benefits that will be available once our funding has been completely established. We will eventually establish a deadline to join the CVB before the membership dues increase. Existing members will still have the same expiration date as the new members. Mulhern mentioned we will be helping the International Jazz Festival provide a survey to the guests in attendance. We will use the 2004 survey questions. The dates are July 16 & 17 and we will need two volunteers at the Duck Pond and two volunteers at the Promenade Mall on those dates to help conduct the survey. The TVCVB will also have a booth at the festival. Volunteers should contact Ginny or Kimberly. We will offer a prize package at each of the locations to encourage guests to complete the survey. Photo Shoot - Wednesday. June 22, 2005 A photo shoot has been scheduled with J. Francis Miley Photography to get additional photos of guests at the wineries (shopping, wine tasting and dining). Adams asked for volunteers to be in the photos. We need a mix of ages to get a full representation of the guests who come to the Temecula Valley. Adame said he has one or two staff members who might be interested in participating. Promotional Items Adams mentioned that the CVB is looking for cooperative opportunities for promotional items and if anyone has suggestions on certain products or would like to partner with some gf the costs, to please let her know. . Fittipaldi stated that she had an opportunity to speak with Chuck Johnson at Churon Winery about the possibility of having a visitor center within their facility in order to cross-promote the member businesses. He is interested in speaking further about the idea. Fittipaldi also mentioned that Stuart Cellars does off-site tasting events and non-profit events and they always try to cross-promote the region. If member businesses want their collateral at some of the events, please contact her. She said that the Anaheim CVB is also very interested in promoting the Temecula Valley wines and Temecula Valley as a day-trip destination. Fittipaldi will follow up with them and send the new postcards. Mulhern mentioned that the Wine Society is willing to help and partner at events. Action Steps for Next MeetinQ · Mulhern mentioned that we will use last month's action items since we were not able to discuss them at this meeting, which will be asking Temecula Valley Winegrowers Assn. to share some data (addresses and zip codes) to help determine target market for wine country. We also need to ask the hotels and the golf industries. Adiournment Thank you for attending!! Next Meeting: Thursday, July 14th, 2005 @ 11 :30am Location: TVCC -- TEMECULA VALLEY --.... - Convention and Visitors Bureau Membership Subcommittee Meeting Minutes Thursday, June 23,2005 @ 11:30 a.m. Location: TVCC Chairperson: TVCVB Co-Chair: Board Liaisons: Peggy Evans (not present) Ginny Mulhern (present) Doug Leiber (present), Rusty Manning (not present), Bill Seltzer (present) Committee Present: John Kelliher Staff Present: Kimberly Adams & Carrie Kumano Call to Order and Self Introductions The meeting was called to order at 11 :38 a.m. Self introductions were made around the group. Approval of Meetin!:! Minutes Kelliher made a motion to approve the May 26th, 2005 meeting minutes as written; Leiber seconded the motion, which carried. Blend with Marketin!:! Subcommittee Mulhern mentioned that since the Marketing and Membership subcommmittees are so closely related and we are not haVing the best attendance for some of the meetings, we will be combining the two subcommittees and meet on the second Thursday of each month at 11 :30am. Kelliher asked if we were going to be looking at the wineries to contribute other than membership dues. Adams mentioned that for the next five years the hotels and bed and breakfasts will pay into the TID, however, we will most likely be looking at other tourism businesses to include in the future. Kelliher suggested that we only ask for their membership dues and not stress the need of funding from the wineries. Leiber and Adams said that it is highly unlikely that we would go to them within the next five years, however, it is not a guarantee. Kelliher mentioned that the wineries just want to make sure that they are not supporting something that is headed in the wrong direction and they're not concerned so much with the benefits of participating. They don't want issues to come up that will cause them more money or problems in the future. He will promote the CVB to the wineries and stress the direction of the CVB to them. It was stated that the Temecula Valley Winegrower's Assn. could also do a TID for wine country to help promote the region. Adams mentioned that Jim Carter with South Coast Winery Resort and Spa is in full support of the TVCVB and is willhlg to pay into a TID. Seltzer said that the small membership fee does not mean anything to the businesses because they don't see the value and benefits. Once they can see the direct return on investment, he felt they would be interested. Leiber said that eventually we will have many businesses wanting to be members, but most likely not until the funding is available and we can show what we can do with the marketing dollars. Adams mentioned that the CVB will also be here to help with policies and legislation and we are building an organizational plan together now, since we are looking to be funded soon. We are working on getting some visitor centers in wine country and old town. Supervisor Jeff Stone expressed that he would consider assisting the CVB with a wine country visitor center. Date for Membership Drive Mulhern mentioned that we need to establish a date for the phone blitz drive. Staff and the committee chairs will determine a date for July. Kelliher said that he would have some staff available after July 8th to help with the calling. Staff will compile a list of businesses to focus on. . Script for Membership Solicitations We will need to do follow-up letters for membership as well as develop talking points for use with selling memberships. Action Steps for Next MeetinCl . Talking points for Membership solicitations . List of businesses to call Adiournment Thank you for attending!! Next Meeting: Thursday, July 14, 2005 @ 11 :30am Location: TVCC -- II~I TEMECULA VALLEY CHAMBER OF COMMERCE Business Development Resource Committee MEETING MINUTES Wednesday, June 15th, 2005, @ 8:00am TVCC Conference Room Sponsored by Community Little Book Committee Chair: Bert Baluyut (not present) Board liaisons: Bill Wilson (present) Co-Chair: Bob Hagel (present) Members Present: Carole Crocker, Ginny Mulhern, Kirby Bown Staff: Carrie Kumano, Alice Sullivan Welcome & Introductions Hagel called the meeting to order at 8:07am. Approval of Minutes Bown made a motion to approve the May 18th, 2005 meeting minutes as written and Mulhern seconded the motion, which carried. Business Resource Development No Report. Member Recognition Program Mystery Shopper Proqram - Hagel mentioned that we need more participants for the upcoming months. We will distribute the box at the Networking Breakfast to solicit member businesses. Hagel reviewed the monthly winners. . Mystery Shopper Program (Courtesy of DHL Business Solutions & The Californian): -June - Lake Elsinore Storm Baseball -JUly - Jazzercise Center of Temecula . Volunteer Businesses of the Month (Courtesy of KMYT 94.5 FM): -June (Government Action) - Arrowhead Credit Union -June (Government Action) - Metropolitan Water District -July (TVCVB) - A Grape Escape Balloon Adventure -July (TVCVB) - Tour of Temecula Map Guide . Chamber Spotlight (Courtesy of FROGGY 92.9): -June - Truly Creative Network Solutions -July - Agape financial Roundtable Discussion Mulhern mentioned that we had a disappointing turn out at the last roundtable discussion. The topic was Fire Safety and three experts attended and spoke. She suggested to look at a name change to make it more desirable to the members. Sullivan mentioned that the term "Power Lunch" along with an appropriate tag line is currently being used with other agencies and people like the way it sounds. We do, however, have an existing agreement with Trinity Reprographics and the template is already done for the rest of the year to say Roundtable Discussion and it would be costly to change it this year. Sullivan will provide information from -_ the past chamber seminars to help with the program. Mulhern suggested that we skip a meeting for August, renew the program and offer the next one in September. The library is also another alternate location if that would help. Resource Library The library is now linked in two different areas on the TVCC website. Hagel suggested to have a library rep at the next mixer or networking breakfast to sign up members for library cards. The library has expressed an interest in having a mixer in the future. It was suggested to have the next Business Development Resource Committee Meeting at the library. Mulhern will follow up to schedule. Technoloav Forum & Expo Task Force The invitation to the expo went out and we currently have 25 members who have RSVP'd to attend. We have not had an overwhelming response for speakers, sponsors or vender booths. The task force will call appropriate members to solicit participation. Sullivan mentioned that the last expo was most successful with the one-on-one communications between the attendees and the experts/vendors. Board Update - Wilson reported o Chamber Mixer, Wednesday, June 15th, 2005 from 5:30pm to 7:30pm at 1st Centennial Bank. o Networking Breakfast, Wednesday, June 22"d, 2005 from 7:30am to 9:30am at Embassy Suites Hotel Temecula Valley Wine Country. o Roundtable Discussion, Tuesday, July 12th, 2005 from 12:00pm - 1:00pm at European Deli (Special Topic: Networking Tips). o Economic Outlook, Thursday, June 23rd, 2005 at 3:30pm at Temecula Creek Inn. Sullivan updated the group on the following: o Tom Paradis of The Press-Enterprise and Dane Wagoner of Edge Development have been added to the Board of Directors since Joe Hudon and Harry Clark are no longer on the board. o Legislative Summit is scheduled for Friday, September 30, 2005 at Pechanga Resort & Casino and Dan Walters has agreed to return as well as John Garamendhi and Anthony Miranda. o The Temecula Valley Convention & Visitors Bureau is working with a consultant on the formation of the Tourism Business Improvement District. o Southwest California Legislative Council is functioning very well. Sullivan, Adams, Voit, Reyes, Endresen and Frank attended the Legislative Summit in Sacramento last month and the Temecula Valley Chamber of Commerce was recognized by the California Chamber of Commerce. o Wine Country is facing some issues right now'regarding preserving the integrity of wine country. Member Updates No Report. Adiournment Thank you for attending! NEXT MEETING: July 20th, 2005 at 8:00am Location: TVCC Conference Room Sponsored by Community Little Book -- EDUCATION COMMITTEE MEETING MINUTES T emecula Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Thursday, June 9, 2005 9:30 a.m. Chairperson: Members Present: Donna Wilder (present) Co-Chair: Lynn Laing (Present) Shari Crall, Stan Harter, Donna Wilder, Debbie Bennett, Aaron Adams, Danielle Clark Stan Harter (present), Michael Doblado (absent) Laura Turnbow Board Liaison: Staff Present: Approval of Minutes Crall made a motion to approve the May 12, 2005 minutes as written. Harter seconded the motion, which carried. Student of the Year Despite the fact that students received the applications at their presentation for Student of the Month, the Student of the Year applications were received very late. Students need additional reminders of the deadline to receive applications. Committee reviewed the list of award recipients. Scholarships Committee reviewed the list of scholarship recipients. Wilder stated she presented the Chamber's scholarships at the Temecula Citizen's Scholarship ceremony. 3 students received $500 scholarships and one student with the overall highest score received a $1,000 scholarship. Committee requested that the Board consider increasing the budgeted amount for scholarships in the 2005/06 school year. Harter will bring this item forward to the Board. School and Colleges Update TVUSD - Clark announced that Dick Glock is retiring at the end of the 2005/06 school year. June 17th is the last day of school. Their budget has been cut by $6.2 million, which leaves no funding for increases. The district has switched to a fully insured benefit package. Clarke announced she is instituting an attendance campaign, which is aimed at increasing students' attendance by two school days per year. This will increase funding by $2 million. Clarke is soliciting prizes that will be awarded during the attendance campaign and also requested assistance in planning the campaign. Prizes include tickets to Disneyland, skateboards, 1- pods and a car. Harter congratulated Clarke on a very succ.essful Career Day. Harter stated it was a very positive experience for both the presenters and the students. MSJC - Wilder announced that the Spring session has ended and the summer session runs through July 27th. Due to the increase in the number of students, MSJC will be looking to coordinate separate graduation ceremonies at both the San Jacinto and Menifee campuses. CSUSM - They are expanding their list of classes held in the Temecula area. Nursing classes are being added at Rancho Springs Hospital. CSUSM is also considering adding nursing refresher classes that would be held locally. City Update Adams stated that the Clarke did an outstanding job on coordinating the Youth In Government program. 20 City staff members participated, giving students insight as to how city government operates. Adams -- announced that the ground breaking for the new library was held two weeks prior. The 34,000 square foot facility will be completed in approximately 16 months. Committee Discussion Crall discussed a program that was previously considered that is aimed at recognizing local businesses and their contribution to education. This program would encourage established businesses to continue with the beneficial partnerships and also encourage new businesses to contribute. Discussed the possibility of recognizing contributors at the Awards Gala or other chamber events. Meeting adjourned. Thank You! Next Education Committee Meeting is Thursday, July 14, 2005, 9:30 a.m. in the TemecuIa Valley Chamber of Commerce Conference Room Sponsored by Community Little Book Temecula Valley Chamber of Commerce Membership and Marketing Meeting Minutes Wednesday, June 8, 2005 8:00 a.m. - 9:00 a.m. Chamber Conference Room Sponsored by Community Little Book Mission Statement: Develop programs to maintain and build a membership commensurate with the growth of the Temecula business community and simultaneous growth of the Chamber. Serve as goodwill representatives and strive to enhance the value of membership encouraging ongoing dialogue between members. Committee Chair: Timmy Daniels Board Liaisons: Melody Brunsting Co-Chair: Judy Zulfiqar Bill Seltzer Committee Present: Kirby Bown, Jack Harlan, Teresa Kosycarz, LaVonna Lacy, Bob Bryant, RJ Hagel, Carole Crocker, Solange Sheppy, Board Liaisons Present: Melody Brunsting & Bill Seltzer Staff Present: Cora Saxarra & Shirley Eilek Minutes Committee co-chair Judy Zulfiqar called the meeting to order at 8:05 a.m. The minutes of the previous meeting were reviewed and motioned for approval by Kirby Bown and seconded by Carole Crocker, which carried. Membership Report The committee reviewed the Membership packet. Currently there are 1,398 members (reflects 35 new members, 77 renewals, 34 drops). Ribbon CuttinQ: By: Shirley Eilek - TVCC Staff Staff and ambassadors attended 4 ribbon cuttings for the month of June. Appreciation NiQht Annette Nielsen - sub Committee chair Seltzer gave the board of directors an update on the Appreciation Night during the board meeting. He also encourages everyone to visit the chamber information booth for the 4th of July extravaganza, which will be at the Ronald Reagan Sports Park. LaVonna Lacy agreed 10 sponsor one of the food stations for the Appreciation Night as well as Debbie Fisher of California Bank & Trust. Bill Seltzer also agreed to sponsor the chocolate fountain and Prestos would provide dessert. Committee would like to know if one of the food stations could be sponsored by two businesses. Members sponsoring food station would like to know who would be responsible for the signage. Marketinu Carole Crocker - sub Committee Chair: Discussed the only way this committee can be effective is to have participation from all committees in the Chamber and more involvement. Cora said we should talk to Alice about having a representative from each committee. As a follow-up to this meeting, Cora and Carole had a meeting with Alice. She agreed that additional input was essential and thought it would be better to have staff involved in the committee, rather than asking the committees to send a representative. She will discuss this with them. -- , . Membershio Drive Carole Crocker - sub Committee Chair Discussed the 90 days drive seems too long, and it should be simply for the month of October. We need to develop a better "marketing" of the drive to the membership, and we will work with the Marketing Committee to get something started in September for the October drive. Discussed the prizes and the fact that the Chamber is always asking for prizes. In lieu of soliciting additional prizes from the membership, we could have a one-page insert into the Temecula Today newsletter advertising the businesses that brought in one or more members during the drive. . . business always like advertising! There could be different levels of advertising, based upon the number of new members brought in. This will have to be discussed with Alice, and, if she approves, we will discuss the advertising/new member criteria. NOTE: This was discussed with Alice, and she approved. Follow uo call (Retention) Dan Brunell- sub Committee Chair NO REPORT NetworkinQ Breakfast David Bush - sub Committee chair Another fantastic Networking Breakfast courtesy of Cora "The Avenger" Saxarra and Shirley "a.k.a. Shirl" Eilek! Thanks to Prestos we were able to give away a $25 gift certificate to the person who collected the most business cards and to the loser of the 50/50 drawing (another great idea from the Bushman!). The following are a few recommendations to improve the meeting: 1) Have a complete agenda prior to the meeting (need to move Business Spotlight Sponsor Introductions to before individual intros, add a Give-A-Way sponsor recognition and promo (i.e. Prestos) and add Board Member Recognition) 2) Have a member's table set up for flyers, non-profit info, etc. 3) Take picture of person who collected the most business cards at the end of each meeting and put their picture in the Chamber Newsletter for a promotion 4) Start meeting at 7:45am 5) Need more Business Spotlight Sponsors (We only had 1 business spotlight sponsor show up this month?) 6) Add something fun to the introductions such as 'Tell something about you that nobody here knows about you" to encourage networking among non-related business professionals (provide a common ground for them to communicate during networking time). Networking Breakfast Business Spotlight for the month of June is: Ari Nadelman of Speed band, Inc. TVCC Mixer: Bob Bryant- Sub Committee Chair Attendance, music and food were good. Due to the change of the mixer host for the month of June, the original policy and procedures were not followed. Chamber was unable to charge non-member cost as a request from the mixer host due to it being more of an Open House. The host sent personnel invitations to their clients and wanted them to feel welcomed. There was no cost for the wine. We are discussing ways of preventing this in the future. Zulfiqar suggested a time limit when mentoring new members and visitors attending the mixer "introduce them to someone and quickly return to the registration". Over 300 members and visitors attended the June mixer hosted by 1" Centennial Bank. The next mixer will be Wednesday, July 20'h hosted by California Grill and co-hosted by Quality Nissan, Mission Oaks National Bank and 94.5 KMYT 4th of Julv Timmy Daniels - sub Committee chair Everything is in place and set for the 4th of July Extravaganza. Last Day to turn in give-away will be Monday, June 27th. Committee will be loading the van Friday, July 1st at 3:00 p.m. Nuri from Trinity Events and Terry Kosycarz will bring pop- up tent Friday, July 1". The Chamber Information booth was a huge success. As Daniels announced and encouraged every one to visit the Chamber booth many people stop by; as well as some from out of state currently visiting Temecula. Give away from participating members went like hot cakes. Chamber information, City information as well as the Tourism information were all given to anyone visiting the booth. Daniels thanks all the businesses that donated for the grand basket give-a- way. Unfortunately the winner was not available. Staff will follow up. Staff also would like to encourage for the volunteer to call if they are not able to participate so that another arrangement can be done ahead of time. Otherwise everything went well. A huge "thank you" to Kirby Bown, Carole Crocker, Teresa Kosycarz, Judy Zulfiqar, Jack Harlan, LaVonna Lacy and Bob Bryant. -- c , Ambassadors Judy Zulfiqar - sub Committee Chair Next quarterly ambassadors meeting is schedule for Tuesday, July 19th 8:00 a.m. chamber office. Ambassador Training will be Tuesday, August 16'h 8:00 a.m. chamber office. Generation Y Solange Sheppy - sub Committee Chair NO REPORT Membership Workshop Ann Preston/BiII Seltzer - sub Committee Chairs NO REPORT Meeting adjourned: Next Meeting Date: Wednesday, July 13, 2005 at 8:00am Chamber Boardroom Sponsored By: Community Little Book -- <' , .. Southwest California Legislative Council A Joint Committee of Temecula, Murrieta, and Lake Elsinore Chambers of Commerce Meeting Minutes . : Monday, June 20, 2005 Temecula Valley Chamber of Commerce Committee Chair: Gene Wunderlich (Present) Chamber Advocacy: Shaun Lumachi (Present) Directors Present: Isaac Lizarraga, Scott Crane, Glen Daigle, Dennis Frank, Tom Kenney, Karen Wikert, , Amber Wiens, Tim Kuzelka, Greg Morrison Directors Absent: Billie Blair, Craig Schleuniger, Joan Sparkman, Carl Johnson, Paul O'Neal, Roger Ziemer Members Present: Jeff Greene, Jonathan Sassani, Debra Reed, Alex Braicovich, Dave Willmon Staff: Kim Cousins - Lake Elsinore; Laura Turnbow - Temecula I. Meeting was called to order by Wunderlich at 12:05pm II. Self Introductions III. Approval of 05/16/2005 Minutes Kenney made a motion to approve the May 16, 2005 meeting minutes as written. Wikert seconded the motion, which carried. IV. Guest Presentation Terry Wittington and Kathleen Hamilton of Save Our Southwest Hillsides gave a presentation regarding the gravel quarry project south of Temecula proposed by Granite Construction. The project site is adjacent to the 4,344-acre Santa Margarita Ecological Reserve. The reserve is the site for over 70 ongoing research projects. The SOS-Hillsides committee feels the quarry would have a negative impact on the Reserve's research and the environment. Wittington offered tours of the reserve to those interested. Granite Construction will make a presentation to this committee during the July committee meting. V. Sacramento Trip Update Frank offered a recap of the trip to Sacramento during the recent Legislative Conference. The committee drafted several position papers to present to legislative personnel. The position papers included the Ben Clark Training Center for Homeland Security Administration and financial issues facing Mt. San Jacinto College, which is the fastest growing community college in the state of California. A third position paper dealt with workers compensation issues that continue to impact businesses. Legislators were very impressed with our professional approach in bringing issues forward and the number of businesses the SWC Legislative Council represents. VI. Tourism Fundinq a. Lumachi recapped the fact that for the past two years the funding allotted for tourism marketing has been reallocated to other areas. Governor Schwarzenegger has recommended that $7 million be placed back in the budget to market California, however the legislature has not supported his proposal. Tourism is of great value to California and 1 ... < " to Temecula. The California Chamber has requested support in keeping the $7 million in tourism marketing in the budget. Without objective data to justify the spending of these dollars for marketing the committee discussed the difficulty in supporting the expense. Kuzelka made a motion to take a vote. Kenney seconded the plotion. After discussion Frank amended the motion to support agenda item 3. Wiens seconded the motion. Seven votes were cast in support of the motion, three votes cast in opposition. Motion carried. Lumachi will research information as to the return on investment related to spending the funding to market California. Frank stressed that this is a very sensitive issue and to carefully consider the information as it becomes available prior to taking a position. VII. Public Utility Holdinq Company Act a. This item has been tabled until the July meeting. VIII. CAFTA a. Lumachi provided additional on the U.S. Chamber's position on CAFTA. Lumachi stated that the American Fanm Bureau has stated that the passing of CAFTA would boost agricultural exports by $900 million annually. The Temecula Winegrower's Association has not taken a position on this issue. The majority of agricultural markets support the agreement, however some of the specialized growers such as the avocado industry do not support this agreement. Morrison made a motion to continue this issue pending information on the standings of Riverside, San Diego and Imperial County Farm Bureaus of this issue. Wikert seconded the motion, which carried. IX. Leqislative Report a. Lumachi proposed to delete from our watch list those bills that have died or become two-year bills, as noted in Agenda Item #5. Morrison made a motion to delete the dead bills. Frank seconded the motion, which carried. b. Newly Proposed bills: SB 399 - Health Services, 3'd Party Liability: Morrison made a motion to oppose as written. Kenney seconded the motion, which carried. SB 760 - Port Regulatory fee: Morrison made a motion to oppose as written. Frank seconded the motion, which carried. AB 1093 - Wages: Morrison made a motion to support as written. Kuzelka seconded motion, which carried. SB 833 - Unsolicited Advertising Faxes: This legislation does not have an allowance for faxing to numbers where a business relationship has been established. Frank made a motion to oppose as written. Kenney Seconded the motion, which carried. SB 409 - General Plans, conservation element Position - Oppose SB 762 - Vehicular Sources: California Intermodal Port Congestion and Environmental Quality Position - Oppose AB 581 - Public Works wages Position - Oppose SB 174- Minimum Wage Position - Oppose Morrison made a motion to support the above stated positions. Frank seconded the motion, which carried. c. Lumachi requested that all Chamber executives review the proposed E-alerts and offer input so that we can begin forwarding alerts to our members. x. State reports a. Assemblyman John Benoit - Sassani stated that Assemblyman Benoit thanked the council members for presenting the position papers in Sacramento. Sassani presented two recent editions of Assemblymember Benoit's newsletter. 2 -- .;:0 " ; b. Assemblyman Ray Haynes - Greene stated that the budget might be presented earlier than expected. The VLF issue has not yet been decided upon. XI. Leaaue of Cali fomi a Cities . Willmon recapped the details of the VLF issue in which Governor Schwarzenegger has proposed to repay 50% of these funds back one year earlier than originally mandated in Proposition 1A. Willmon requested the SWC Legislative Council's support on this issue. Due to the fact that all three Chambers took a position in support of Proposition 1A, Morrison made a motion to support this issue. Crane seconded the motion, which carried. XII. Leaislative Reports a. Congressman Issa - No report. XIII. County Reports No reports. XIV. Chamber Reports a. Lake Elsinore - Cousins reported that there is an All Chamber Mixer scheduled for Thursday, June 30th at the Lake Elsinore Storm Diamond. Cousins also requested that meeting agendas and materials be forwarded to committee members with enough time for members to review prior to the meeting. b. Murrieta - Wunderlich congratulated The Gas Company and Law Office of Timothy Kuzelka for their recent award recognition at the Murrieta Chamber Installation. c. Temecula- Morrison announced that seats are available for Thursday's June 23'd Economic Outlook. The cost to attend is $30. XV. Meeting adjourned. 3 ~- ~ '" Temecula Valley Chamber of Commerce Special Events Committee Meeting Minutes June 21, 2005 Chairperson: Melodee Leavitt Board Liaisons: Kelly Daniels and Bette Endresen Co-Chair: Karen Ratkowski Members Present: Carolyn Tidmus, Lalli Esparza, Bette Endresen, Julie-Ann Forcum, Julie Ngo, Kelly Daniels, Melodee Leavitt, Jennifer with USA Federal Credit Union, Rose Kamppila, AbdelAJnarouche Board Present: Bette Endresen, Kelly Daniels Staff Present: Alice Sullivan, Jennifer Malek, Michelle Knowles and Melissa Hayer Approval of Minutes Forcum made a motion to approve the May 17, 2005 meeting minutes as written. Ngo second the motion, which carried. Golf Classic Recap Hayer reported the total net income for the Golf Tournament is $26,386.35. We were slightly under budget due to the catering cost was about $2000 higher than budgeted. Next year the staff will confirm with sponsors exactly what alcohol is brought out to the tournament. We will limit the amount of alcohol that is served. Esparza reported Temecula Creek Inn is liable for all the alcohol that is brought out by the sponsors and could lose their liquor license should any accidents occur. Economic Outlook Conference The event will take place this Thursday at Temecula Creek Inn. Set-up will be at 2:30p.m. Seats are still available. Volunteers will be needed to seat guests and sponsors. Monte Carlo Extravaeanza This year's event will take place on Wednesday, September 21st at Wilson Creek Winery from 5:30 p.m. to 8:30 p.m. Harrah's Rincon Casino & Resort is the Casino Sponsor. Toyota of Temecula Valley is the Cash Prize Sponsor. The High Rollers Sponsorship is available. The sponsorship amount is $2000. Other sponsorships are also available. The next committee meeting will be Wednesday, June 29th at 2:00p.m. . Southwest California Le!!:islative Summit All sponsorships are secured. Speakers confirmed to date are: Assemblyman John Benoit, Senator Dennis Hollingsworth, Dan Walters, Insurance Commissioner John Garamendi, Anthony Miranda and Assemblyman Russ Bogh. The committee is working on securing a speaker with the Public Utilities Commission. The event is set to take place at Pechanga Resort & Casino on Friday, September 30th from 7:30 a.m. to 10:00 a.m. Business Showcase The Board of Directors agreed to hold the event at Temeku Hills on Wednesday, October 26th from 5:30 p.m. to 8:00 p.m. Staff will visit Temeku Hills to measure and walk through the facility. The Board voted against having the event at the Promenade due to the long hours of the ~- ~ .~ .. event; exhibitors would need to be present from 10:00 a.m. to 9:00 p.m., which is difficult for small business owners. Board Update · Sullivan reported Dayne Wagoner with Edge Development and Tom Paradis with The Press- Enterprise has been appointed as new Board of Directors. · The CVB is working on the Tourism Improvement District Funding. · The proof of the new Visitors Guide will be available end of July. · Dippin Dots will have a grand opening this Saturday from 12 - 3 p.m. · Southwest California Legislative Council just went to Sacramento for the California Legislative Summit. The committee has been very active. · The Awards Gala is gearing up. Kelly Daniels and Karen Ratkowski will Chair and Co- Chair this year's 40th Annual Awards Gala. Committee Updates · Networking Breakfast will be Wednesday, June 22nd at Embassy Suites Hotel-T.V. Wine Country. · The Chamber will have a booth at the Ronald Reagan Sports Park on the 4th of July. Volunteers are needed. . Welburn Gourd Festival will take place this weekend. Next Meetin!! Date Tuesday, July 19, 2005 at 11 :30 a.m. at the TYCC -- + , ECONOMIC DEVEWPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMlITEE MEETING Thursday, June 2, 2005 - 9:00 a.m. Southwest Community Bank 26755 Jefferson Avenue, Suite C, Murrieta, CA 92562 Committee Members Present: Chris Binkley, Chris Binkley & Associates Lisa Marie Ells, Cutting Edge Staffing Lalli Esparza, CDM Group, Inc. Cheryl Ferru1li, CLF Financial Ashley Jones, City of Murrieta Chris Masino, CDM Group, Inc. Jim O'Grady, City ofTemecula Rex Oliver, Murrieta Chamber of Commerce Joanna Quigley, Wells Fargo Bank Diane Sessions, EDC Harry Shank, Southwest Community Bank Alice Sullivan, Temecula Valley Chamber of Commerce Guests: CaD To Order · In the absence of Chair Stan Harter, Diane Sessions called the meeting to order at 9:00 a.m. FoDow-Up Action Reports · Temecula VaDey RV - training and recruitment assistance · Mission Oaks National Bank - requested demographics · Opti-Forms - recruitment assistance Companv Contact Reports · Temecula VaDey RV Services, Inc. - Harry Shank reported on a visit with Erik KitIe and Guy Kin""'''n, owners of Temecula Valley RV Services in Temecu1a. The company provides RV sales and service, and parts and storage for RVs. Temecula RV began its operations locally 9 years ago. Business advantages and disadvantages were noted as population growth and lack of qualified employees, respectively. The industry as a whole was noted as growing because of the economy and the increase in local tourism since 9-11. Primary customers were noted as repeat business and warranty relationships with manufacturers located within a fifty-mile radius. Material and supplies used were RV parts and products. The local auto and RV parts stores were the company's primary vendors/suppliers. The introduction of new products anticipated in the next 2 years was noted as improved parts. The existing 5,500-square-foot, owner-occupied facility on 3.2 acres was operating at 110010 capacity in one and a half shifts. The owners indicated they planned to relocate the facility to Murrieta in order to expand to 20,000 square feet on 7 acres. The company employed 28 full-time employees who live in Temecula/Murrieta (13/12), Lake EIsinorelWildomar (1), Hemet!San Jacinto (I), Sun CitylMenifee (I), and San Diego (I). There were plans to increase the workforce by 5 employees. The company had recruitment problems and found that finding qualified employees was very limited. A recruitment advantage was noted as the residents who want to work locally. A recruitment disadvantage was noted as the lack of lrained mechanics that are available. EDC Business Relations Committee Meeting Minutes - June 2, 2005 Page 20f4 ~ . Required skills for Temecula RV's workforce were noted as mechanical knowledge, computer, basic skills and good work ethics. The owners would like to see mechanical training offered at community or vocational schools. · Boston Scientific - Lisa Marie Ells reported on a brief phone visit with Kermit Stott of Boston Scientific. She reported that the company was moving out of the area to maple Grove, MN in December 2005. Mission Oaks National Bank - Stan Harter reported on a phone visit with Maryann Edwards, vice president of Mission Oaks National Bank. The full-service commercial bank began its operations locally 4 years ago and has branches in Temecula (2), Ontario (I), and has 4 LPS offices. Business advantages were noted as population growth, strong local economy, and business disadvantages were the high commuter population and no local major air or rail transportation hub. The industry as a whole was noted as growing because of the economy. Primary customers were noted as smaII- to medium-sized businesses and high-inC()me households. Material and supplies used were printed supplies and information technology. The bank used local vendors and suppliers for printing, graphic design, and technical services. The bank has introduced new services in the past 3-5 years and planned to introduce new products/services in the next 2 years. 'fbnle banks are located in both owned and leased buildings totaling 13,000 square-foot There were plans to expand into Ontario, CA in the foreseeable future. Special technology used were noted as a T1 line, Fed. Line, encrypted routers, firewalls, internal secure networks, online banking and high-speed point-to-point transactions. The bank would benefit from improved infrastructure of telecommunication technology. The bank employed 40 full-time employees at one location and 80 total at all locations who live in TemeculalMurrieta (50), Lake ElsinorelWildomar (2), Sun CitylMenifee (1), San Diego (3), and Los Angeles (4). There were plans to increase the workforce by 10 employees for the Ontario expansion opening July 2005. The bank had no recruitment problems and used the newspaper and internal promotion as the primaIy recruitment methods. One hundred percent of all positions required the following skiIIs: technical, computer, automated office, finance, knowledge of federal rules and regulations, basic skiIIs and good communication. Bank executives were happy doing business in Southwest California and would be willing to be contacts for businesses relocating to the area. Fast Signs - Stan Harter reported on a visit with Lee Tussing, owner of Fast Signs in Temecula. The company makes signs and began its operations locally in 1991. . A business advantage was noted as population growth and there were no business disadvantages noted. The industry as a whole was noted as growing because of the population growth. Primary customers were noted as other local businesses of all sizes and the company's primaIy market was local. Material and supplies used were plastic sheet goods. The company used local vendors and suppliers and had no import/export activities. There were no plans to introduce new products or services in the next 2 years. Fast Signs occupied a leased 2,200- square-foot building and was operating at 85% capacity in one shift. There were no plans to expand in the foreseeable future. The company would benefit from improved infrastructure of telecommunication technology. Fast Signs employed 7 full-time employees who lived in TemecuIa/Murrieta (4), other Riverside areas (2), and San Diego (1). There were no plans to increase or decrease the workforce in the foreseeable future. There were no recruitment issues noted and the company's recruitment method used was word-of-mouth. Skills required by the workforce were noted as computer and basic skills, The owner was happy doing business in Southwest California and would be willing to be a contact person for businesses relocating to the area. . liDC Business Relations Committee Meeting Minutes - June 2, 2005 Page 3 of4 Opti-Fonns, Ine. - Alice Sullivan reported on a visit that she and Lalli EspllIZll paid to Peter, controller of Opti-Forms in Temecula The company manufactured customized forms using precision electro optics and optical coatings. Opti-Forms began its operations locally 21 years ago. Business advantages were noted as climate and low-cost staffing. Business disadvantages were noted as traffic and limited professionals such as engineers. The industry as a whole was noted as growing because of new technology. Primary customers were located worldwide such as government agencies, makers of search lights, and many other companies that required custom forming and coating. Raw materials used were nickel, gold and steel.' The company used local vendors and suppliers and also had import/export activities. The company had introduced new products in the past 3-5 years and planned to introduce hand held search lights in the next 2 years. Opti-Forms owned and occupied a 28,OOO-square-foot building and planned to expand another 24,000 square-feet that would create 10 new positions. The company would benefit from improved infrastructure of telecommunication technology. Special technology used was auto electric equipment The company employed 55 full-time employees who lived in TemeculalMurrieta (2oolo), Lake Elsinore/Wildomar (3oolo), and San Diego (loolo). There were no recruitment issues noted and the company's recruitment method used was through the Employment Development Department. Twenty percent of the workforce required technical skills. Technical and vocational trade training would be a benefit to the company. The EDC could help with recruitment. The owner was happy doing business in Southwest California and would be willing to be a contact person for businesses relocating to the area Solid State Stamping - Cheryl Ferrulli reported on a visit with Brad Adams, CEO/owner of Solid State Stamping in Temecula The company manufactured car engine control connections and began its operations in 1981. The company relocated to Temecula in 1988 due to low operating costs. Business disadvantages were noted as traffic. The industry as a whole was noted as stable. Primary customers were the automotive industry located worldwide. Materials used were metal wire and brass strips. The company did not use local vendors and suppliers and also had import/export activities. The company had introduced new products in the past 3-5 years and planned to introduce new products in the next 2 years. Solid State Stamping occupied two leased 48,000 aud l7,OOO-square-foot buildings. There were no plans to expand the facility or workforce in the foreseeable future. The company would benefit from improved telecommunications infrastructw'e, Special technology used was fiber optics, The company employed 101 full-time employees who lived in Temecu1a/M1JDieta (8oolo) and Lake Elsinore/WIldomar (20%). The company indicated problems with recruitment but no specific issues were noted. Recruitment methods used were newspaper and word-of-mouth. One hundred percent of the workforce required specialized skills. Machining training would be a benefit to the company. Challenges facing the company are the high operating costs and Worker's Compensation insurance. The owner was happy doing business in Southwest California and would be willing to be a contact person for businesses relocating to the area Annual Goal ReDort · Stan Harter announced that visits and phone interviews in the tenth month of the fiscal year were as follows: Goal: 60 surveys completed. xm. Goal Actual VISIT PHONE 2(1 2 SURVEYS 60 22 .. EDC Business Relations Committee Meeting Minutes - June 2, 2005 Page 4 of4 . ODeD Diseussion . The committee discussed recruitment challenges with many companies and agreed that creating an awareness with local companies that wages was a factor in recruiting successfully. It was suggested that the Economic Alliance job database be promoted more heavily. . EDC Board Update - Diane Sessions announced the EDC golf tournament on June 10; the 2005-2006 budget was approved; the EDC sent a letter of support to Sheriff Bob Doyle in support of the Homeland Security training facility at the Ben Clarlc Training Center; and the June board meeting would be held at Diamond Valley Lake. · General Announcements - City of Temeeula - Jim O'Grady announced the NAIOP event on June 9; the Redhawk annexation celebration on July 2; Dr. John Husing would present the updated demographic report to the Council on June 28; the Higher Ed center was approved by the Planning Commission and would go to Council soon; Town Plaza center would get a "face lift"; and the draft budget would go to Council on June 14 for approval, which included capital improvements to wireless connection in Old Town. Temecula Valley Chamber of Commerce - Alice Sullivan reported the Economic Outlook was scheduled for June 23 at 3:30 p.m.; the Chamber's Legislative Days trip to Sacramento was very successful; and the Legislative Summit was scheduled for September 30. City of MurrietIl - Ashley Jones reported on the upcoming Birthday Bash for the city on July 2; the Downtown celebration would be held on July 16 with Concerts in the P8Ik; and a new restaurant called The Brick was opening soon. Murrieta Chamber of Commerce - Rex Oliver reported on the new chamber board members and provided. an update of activities of the Southwest California Legislative Council. City of Lake Elsinore - no report available. Lake Elsinore VaUey Chamber ofCommeree: - No report available. 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July 15,2005 Jim O'Grady City ofTemecula PO Box 9033 Temecula, CA 92589-9033 RE: EDC Activity Summary - June 2005 Business and Workforce Development Staff responded to the following 7 business and workforce development requests in June 2005: Date Lead Source Request Actiou Takeu 6/1/05 Phoue Client requested assistance with Referred clieut to Gregory Lee, Ecouomic Alliauce, for site selection to open 3 franchise site selection / business attraction assistance. fast food restaurants in Southwest California. 6/7/05 Phone Client requested information on Provided client with the requested information. the Higher Education Center in Temecula 6/9/05 Phone Client requested information on Provided client with number of licensed businesses. the number of businesses in T emecula. 6/10/05 Phone Client requested loan assistance Provided client with contacts to SBA, SBDC, and for low income family to start County of Riverside for possible business development business. grants. 6/10/05 Phone Business client requested Provided client with requested contacts known to the referrals for a local architect for EDC. tenant improvement work. 6/17/05 Phone Orange County client requested Referred client to Gregory Lee, Economic Alliance. business relocation information. 6/20/05 Phone Client requested statistics on Provided client partial data. EDC is researching data projected growth of businesses relative to advertising. and population in SW California, and information on advertising dollars spent by local companies in the last vear. Community Outreach Staff and/or EDC directors attended the following meetings/events to promote or support economic development/community outreach: . Murrieta- Temecula Group Meeting (6/3) . Temecula Valley Balloon & Wine Festival (6/3 - 6/5) . NAIOP Conference (6/9) Jim O'Grady City of Temecula meeting cancelled due to the EDC golftoumament EDC Activity Summary - June 2005 Page 2 of2 Community Outreach (continued) . EDC nth Annual Golf Toumament (6/10) . VCR Extension Community Program Review Committee (6/17) . 2005 Economic Outlook Conference (6/23) Business Retention . Business Relations Committee Meeting (6/2) - Minutes are attached. AdministrationlOrl!:anization . EDC Education Committee (6/10) - meeting cancelled due to the EDC golf tournament . EDC Industrial Committee Meeting (6/21) . EDC Transportation and Infrastructure Committee Meeting - (6/9) meeting cancelled due to the EDC golf tournament . EDC Board of Directors Meeting (6/16) - Minutes are attached. . Administration - Staff managed the daily operations of the EDC office; managed website updates; coordinated the EDC Director nominations and elections; coordinated the EDC II th Annual Golf Tournament; and emailed the following business development/community announcements: )0- EDC 11th Annual Golf Tournament )0- Garamendi Recommends Workers Comp Decrease )0- Breakfast Meeting with Garamendi )0- NAIOP Inland Empire Event )0- Lake Elsinore Valley Chamber of Commerce EDC Luncheon )0- Lake Ellsinore Valley Chamber of Commerce I st Annual All Chamber Mixer )0- 2005 Economic Outlook Conference )0- Redhawk Annexation Celebration This concludes the activity summary for June 2005. Should you have questions or need further detail, please call me at 951.677.1862. Respectfully, -l)~ (5tM IPtn / Diane Sessions Executive Director ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BOARD OF DIRECTORS GENERAL MEETING MINUTES Thursday, June 17,2005 - 9:00 a.m. Diamond Valley Lake - Visitors' Center Newport Road, Hemet, CA DRAFT DRAFT BOARD MEMBERS MEMBERS AND GUESTS Ken Carlisle, Guidant Corporation Scott Crane, Southwest Healthcare System Dennis Frank, UC Riverside - Temecula Center Stan Harter, Law Office of Stanley A. Harter Keith Johnson, Mission Oaks National Bank Ashley Jones, City of Murrieta Gregory Lee, Southwest California Economic Alliance Doug McAllister, City of Murrieta Melanie Nieman, Eastern Municipal Water District Roger Ziemer, The Gas Company Dr. Billie Blair, Leading and Learning, Inc. David Mackelroy, Diamond Valley Lake Linda Pogenpahl, Metropolitan Water District Tim Skrove, Metropolitan Water District Gloria Wolnick, City of Temecula EDC STAFF Diane Sessions CALL TO ORDER . Board President Dennis Frank called the meeting to order at 9:05 a.m. He welcomed members and guests and led self introductions. APPROVE AGENDA . Motion made by Roger Ziemer, seconded by Doug McAllister and carried unanimously to approve the agenda as amended by adding agenda item 5b. Amend Operating Budget FY 2005-2006 under New Business. PRESENTATION . For the purpose of a special presentation by Metropolitan Water District, EDC business commenced after the special program. The Board viewed a PowerPoint presentation on recreational and other activities at Diamond Valley Lake. A question and answer session followed the presentation. Dennis Frank thanked those from Metropolitan Water District for their hospitality. MINUTES . The Board reviewed the minutes of the May 19, 2005 Board of Directors Meeting. Motion made by Ken Carlisle, seconded by Roger Ziemer and carried unanimously to approve the minutes as presented. FINANCIAL REPORT . May 31, 2005 Financial Report: The Board reviewed the May 31,2005 Financial Report that showed total monthly revenues of $27,765, total expenses of $7,045 and total cash-in-bank of$112,060. Motion made by Keith Johnson, seconded by Scott Crane and carried unanimously to approve the May 31, 2005 Financial Report as presented. . Amend Operating Budget FY 2005-2006: The Board reviewed the proposed amendments to the 2005- 2006 Operating Budget. Diane Sessions reported that amendments were a result of the Board's action to approve the draft budget as amended at the May 19, 2005 board meeting with changes to salary expenses. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - June 16,2005 Minutes - Page 2 of 4 She further reported that adjustments were made in both revenue and expense line items in order to achieve a zero-balanced budget. Motion made by Roger Ziemer, seconded by Ken Carlisle and carried unanimously to amend the 2005-2006 Operating Budget to reflect changes to the following line items: Membership Cash Income, Interest Income, Workers' Comp Expenses, Director Payroll Expenses, Administrative Assistant Salary Expenses, Membership Expenses, and Special Projects Expenses. NEW BUSINESS . Ratify 2005 Directors-At-Large Election Ballot: Motion made by Scott Crane, seconded by Roger Ziemer and carried unanimously to ratify the 2005 Directors-At-Large Election Ballot. Diane Sessions reported that election ballots would be emailed to all EDC members in good standing that were eligible to vote, in accordance with the Bylaws, and that members would be instructed to return ballots no later than July 20, 2005. . Appoint 2005 Inspectors of Election: Motion made by Roger Ziemer, seconded b Doug McAllister and carried unanimously to appoint Diane Sessions, Kimberly Freize-Uhler, and Gregory Lee as Inspectors of Election to tally the Director-At-Large election ballots. . Board Meeting Attendance: Dennis Frank recommended that staff send out individual attendance records to board members. CONTINUING BUSINESS . EDC Golf Tournament Update - In Gary Youmans' absence, Diane Sessions reported the EDC golf tournament was a success and that a reconciliation of revenues and expenses would be completed soon. Roger Ziemer recommended that next year's tournament include a contest between utilities. Doug McAllister recommended a contest amongst City Councilmembers. . Update on New EDC Logo and Letterhead Project: Diane Sessions reported that she and Kimberly Freize-Uhler met with graphic designer Lenore Johnson to finalize the new EDC logo. There were further revisions to the logo that added boldness to the lettering. Ms. Sessions stated that dimensions of the previously-approved new logo were too delicate in design and would not reproduce very well on printed material when reduced in size. She recommended that further design enhancements be considered before the logo was finalized. . Update on Southwest California Television Station: Doug McAllister reported that committee members were connecting Kevin Page with Comcast executives for further discussion. Councilmembers of Lake Elsinore, Murrieta, and Temecula were asked to write letters of support to Comcast. The Board discussed the current televised offerings of the station and agreed that its quality of programming and content should be improved. . Utilities Updates: Gas - Roger Ziemer reported on the demand for natural gas and import plans. He provided handouts on liquid natural gas (LGN) terminals. The outlook for 2005 was positive. Water- Melanie Nieman reported on Metropolitan Water District's (MWD) customer satisfaction survey, which showed very positive results. Reliability was a common concern for many survey respondents. Eastern Municipal Water District was securing grant funds to pay for continual water delivery improvements. Telecommunications - Dennis Frank reported that a meeting was scheduled with a representative of Time Warner Telecom to discuss fiber optics. He further reported on the upcoming merger of Comcast and Adelphia under the Time Warner name. Electricity - No report. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - June 16, 2005 Minutes - Page 3 of 4 . EDC Committee Updates: Business Relations Committee - Diane Sessions reported there were new enthusiastic committee members who were pleased to make retention visits. Business Attraction Committee - Gregory Lee reported the NAIOP (National Association of Office and Industrial Properties) event was a success and thanked Dennis Frank for his excellent participation as moderator. He suggested this event become a road show into San Diego, which was a target market for the Economic Alliance. Education Committee - No report. Industrial Committee - Roger Ziemer reported that he attended an awards banquet hosted by the Chaparral robotics team. Transportation and Infrastructure Committee - No report. OPEN DISCUSSION . EDC Administrative Update: The Board reviewed the May 2005 Activity Report submitted by Diane Sessions. . City/County Updates: City of Lake Elsinore - No report. City of Murrieta - Doug McAllister reported on the City's attendance at the recent International Convention of Shopping Centers (lCSC) in Las Vegas. He attended with Councilman Rick Gibbs and consultant Jack Van Haaster, and commended both for their positive representation and productivity at ICSC. Councilman McAllister announced that his office hours at City Hall were on Thursdays, Councilman Enochs' hours on Tuesdays, and Councilman Gibbs' on Friday. Other announcements included Gwen Hunter as the new administrative assistant in the City Manager's office; the Murrieta Chamber's installation dinner would be held this Saturday; and July 2 was the City's Birthday Bash, which was a beach theme and would include a fireworks show in the evening. City of Temecula - Gloria Wolnick reported that a site plan for the Higher Education Center would go to Council on June 28. Construction would begin in Fall 2005 with anticipated occupancy by Fall 2006. Ms. Wolnick further reported that Verizon would begin installation of fiber optics within Temecula city limits sometime in July, which would take one year to complete; Temecula Valley Wine would open in Old Town Temecula on July 2; the Redhawk Annexation Celebration would be held on July 2; the annual Independence Day parade was scheduled on July 4; and the City of Temecula participated in a co-op marketing ad campaign in celebration of Disney's 50th anniversary, which appeared in USA Today. Riverside County - Gregory Lee reported the Wine Country Beautification Project was approximately 90 days out and Riverside County EDA was fast tracking a 26-acre retail shopping project in French Valley. Lake Elsinore Chamber - No report. Murrieta Chamber - See City of Murrieta report. Temecula Chamber - No report. Other Announcements: Southwest Healthcare System - Scott Crane reported the Environmental Impact Report for the new hospital would be completed in September 2005. Guidant Corporation - Ken Carlisle reported the Johnson & Johnson merger was moving forward and was anticipated to be finalized by the end of the 4th quarter. He further announced that Guidant would hold a job fair to add 300 new positions. Southwest California Legislative Council - Dennis Frank reported that Legislative Council members traveled to Sacramento and had the opportunity to lobby for the Homeland Security Training Facility, the new Southwest California television station, and the Mt. San Jacinto College education center. Granite Construction Site in Temecula - Dennis Frank reported the EDC should closely watch the proposed granite construction site in Rainbow, which bordered Temecula city limits. He further reported that Wine Country continued to have zoning and land use challenges by those who wish to bring non-agriculture projects into Wine Country. Dr. Billie Blair offered to keep abreast of these issues and to share legislative information to the EDC Board in her role as Chair of the Government and Public Relations Committee, Temecula Chamber's Convention and Visitors Bureau. Economic Development Corporation of Southwest Riverside County Board of Directors Meeting - June 16, 2005 Minutes - Page 4 of 4 ADJOURNMENT · Dennis Frank thanked Board Member Melanie Nieman for arranging the conference room for the board meeting and the tour of Diamond Valley Lake. At 10:40 a.m., motion was made by Scott Crane, seconded by Roger Ziemer and carried unanimously to adjourn the board meeting. Respectively submitted by: Diane Sessions Recording Secretary Scott Crane Board Secretary ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BUSINESS RELATIONS COMMITTEE MEETING Thursday, June 2, 2005 - 9:00 a.m. Southwest Community Bank 26755 Jefferson Avenue, Suite C, Murrieta, CA 92562 Committee Members Present: Chris Binkley, Chris Binkley & Associates Lisa Marie Ells, Cutting Edge Staffing Lalli Esparza, CDM Group, Inc. Cheryl Ferrulli, CLF Financial Ashley Jones, City of Murrieta Chris Masino, CDM Group, Inc. Jim O'Grady, City of Temecula Rex Oliver, Murrieta Chamber of Commerce Joanna Quigley, Wells Fargo Bank Diane Sessions, EDC Harry Shank, Southwest Community Bank Alice Sullivan, Temecula Valley Chamber of Commerce Guests: Call To Order . In the absence of Chair Stan Harter, Diane Sessions called the meeting to order at 9:00 a.m. Follow-Up Action Reports . Temecula Valley RV - training and recruitment assistance . Mission Oaks National Bank - requested demographics . Opti-Forms - recruitment assistance Companv Contact Reports . Temecula Valley RV Services, Inc. - Harry Shank reported on a visit with Erik Kitle and Guy Kinsman, owners of Temecula Valley RV Services in Temecula. The company provides RV sales and service, and parts and storage for RVs. Temecula RV began its operations locally 9 years ago. Business advantages and disadvantages were noted as population growth and lack of qualified employees, respectively. The industry as a whole was noted as growing because of the economy and the increase in local tourism since 9-11. Primary customers were noted as repeat business and warranty relationships with manufacturers located within a fifty-mile radius. Material and supplies used were RV parts and products. The local auto and RV parts stores were the company's primary vendors/suppliers. The introduction of new products anticipated in the next 2 years was noted as improved parts. The existing 5,500-square-foot, owner-occupied facility on 3.2 acres was operating at 110% capacity in one and a half shifts. The owners indicated they planned to relocate the facility to Murrieta in order to expand to 20,000 square feet on 7 acres. The company employed 28 full-time employees who live in TemeculalMurrieta (13/12), Lake Elsinore/Wildomar (1), Hemel/San Jacinto (1), Sun City/Menifee (1), and San Diego (1). There were plans to increase the workforce by 5 employees. The company had recruitment problems and found that finding qualified employees was very limited. A recruitment advantage was noted as the residents who want to work locally. A recruitment disadvantage was noted as the lack of trained mechanics that are available. EDC Business Relations Committee Meeting Minutes - June 2, 2005 Page 2 of 4 Required skills for Temecula RV's workforce were noted as mechanical knowledge, computer, basic skills and good work ethics. The owners would like to see mechanical training offered at community or vocational schools. . Boston Scientific - Lisa Marie Ells reported on a brief phone visit with Kermit Stott of Boston Scientific. She reported that the company was moving out of the area to maple Grove, MN in December 2005. Mission Oaks National Bank - Stan Harter reported on a phone visit with Maryann Edwards, vice president of Mission Oaks National Banle The full-service commercial bank began its operations locally 4 years ago and has branches in Temecula (2), Ontario (I), and has 4 LPS offices. Business advantages were noted as population growth, strong local economy, and business disadvantages were the high commuter population and no local major air or rail transportation hub. The industry as a whole was noted as growing because of the economy. Primary customers were noted as small- to medium-sized businesses and high-income households. Material and supplies used were printed supplies and information technology. The bank used local vendors and suppliers for printing, graphic design, and technical services. The bank has introduced new services in the past 3-5 years and planned to introduce new products/services in the next 2 years. Three banks are located in both owned and leased buildings totaling 13,000 square-foot. There were plans to expand into Ontario, CA in the foreseeable future. Special technology used were noted as a TI line, Fed. Line, encrypted routers, firewalls, internal secure networks, online banking and high-speed point-to-point transactions. The bank would benefit from improved infrastructure oftelecommunication technology. The bank employed 40 full-time employees at one location and 80 total at all locations who live in TemeculalMurrieta (50), Lake Elsinore/Wildomar (2), Sun City/Menifee (I), San Diego (3), and Los Angeles (4). There were plans to increase the workforce by 10 employees for the Ontario expansion opening July 2005. The bank had no recruitment problems and used the newspaper and internal promotion as the primary recruitment methods. One hundred percent of all positions required the following skills: technical, computer, automated office, finance, knowledge of federal rules and regulations, basic skills and good communication. Bank executives were happy doing business in Southwest California and would be willing to be contacts for businesses relocating to the area. Fast Signs - Stan Harter reported on a visit with Lee Tussing, owner of Fast Signs in Temecula.' The company makes signs and began its operations locally in 1991. A business advantage was noted as population growth and there were no business disadvantages noted. The industry as a whole was noted as growing because of the population growth. Primary customers were noted as other local businesses of all sizes and the company's primary market was local. Material and supplies used were plastic sheet goods. The company used local vendors and suppliers and had no import/export activities. There were no plans to introduce new products or services in the next 2 years. Fast Signs occupied a leased 2,200- square-foot building and was operating at 85% capacity in one shift. There were no plans to expand in the foreseeable future. The company would benefit from improved infrastructure of telecommunication technology. Fast Signs employed 7 full-time employees who lived in TemeculalMurrieta (4), other Riverside areas (2), and San Diego (I). There were no plans to increase or decrease the workforce in the foreseeable future. There were no recruitment issues noted and the company's recruitment method used was word-of-mouth. Skills required by the workforce were noted as computer and basic skills. The owner was happy doing business in Southwest California and would be willing to be a contact person for businesses relocating to the area. EDC Business Relations Committee Meeting Minutes - June 2, 2005 Page 3 of 4 Opti-Forms, Inc. - Alice Sullivan reported on a visit that she and Lalli Esparza paid to Peter, controller of Opti-Forms in Temecula. The company manufactured customized forms using precision electro optics and optical coatings. Opti-Forms began its operations locally 21 years ago. Business advantages were noted as climate and low-cost staffing. Business disadvantages were noted as traffic and limited professionals such as engineers. The industry as a whole was noted as growing because of new technology. Primary customers were located worldwide such as government agencies, makers of search lights, and many other companies that required custom forming and coating. Raw materials used were nickel, gold and steel. The company used local vendors and suppliers and also had import/export activities. The company had introduced new products in the past 3-5 years and planned to introduce hand held search lights in the next 2 years. Opti-Forms owned and occupied a 28,000-square-foot building and planned to expand another 24,000 square-feet that would create 10 new positions. The company would benefit from improved infrastructure of telecommunication technology. Special technology used was auto electric equipment. The company employed 55 full-time employees who lived in TemeculalMurrieta (20%), Lake ElsinorelWildomar (30%), and San Diego (10%). There were no recruitment issues noted and the company's recruitment method used was through the Employment Development Department. Twenty percent of the workforce required technical skills. Technical and vocational trade training would be a benefit to the company. The EDC could help with recruitment. The owner was happy doing business in Southwest California and would be willing to be a contact person for businesses relocating to the area. Solid State Stamping - Cheryl Ferrulli reported on a visit with Brad Adams, CEO/owner of Solid State Stamping in Temecula. The company manufactured car engine control connections and began its operations in 1981. The company relocated to Temecula in 1988 due to low operating costs. Business disadvantages were noted as traffic. The industry as a whole was noted as stable. Primary customers were the automotive industry located worldwide. Materials used were metal wire and brass strips. The company did not use local vendors and suppliers and also had import/export activities. The company had introduced new products in the past 3-5 years and planned to introduce new products in the next 2 years. Solid State Stamping occupied two leased 48,000 and 17,000-square-foot buildings. There were no plans to expand the facility or workforce in the foreseeable future. The company would benefit from improved telecommunications infrastructure, Special technology used was fiber optics. The company employed 101 full-time employees who lived in TemeculalMurrieta (80%) and Lake ElsinorelWildomar (20%). The company indicated problems with recruitment but no specific issues were noted. Recruitment methods used were newspaper and word-of-mouth. One hundred percent of the workforce required specialized skills. Machining training would be a benefit to the company. Challenges facing the company are the high operating costs and Worker's Compensation insurance. The owner was happy doing business in Southwest California and would be willing to be a contact person for businesses relocating to the area. Annual Goal Report . Stan Harter announced that visits and phone interviews in the tenth month of the fiscal year were as follows: Goal: 60 surveys completed. YTD Goal Actual VISIT PHONE 20 2 SURVEYS 60 22 EDC Business Relations Committee Meeting Minutes - June 2, 2005 Page 4 of 4 Open Discussion · The committee discussed recruitment challenges with many companies and agreed that creating an awareness with local companies that wages was a factor in recruiting successfully. It was suggested that the Economic Alliance job database be promoted more heavily. · EDC Board Update - Diane Sessions announced the EDC golf tournament on June 10; the 2005-2006 budget was approved; the EDC sent a letter of support to Sheriff Bob Doyle in support of the Homeland Security training facility at the Ben Clark Training Center; and the June board meeting would be held at Diamond Valley Lake. · General Announcements - City of Temecula - Jim O'Grady announced the NAIOP event on June 9; the Redhawk annexation celebration on July 2; Dr. John Husing would present the updated demographic report to the Council on June 28; the Higher Ed center was approved by the Planning Commission and would go to Council soon; Town Plaza center would get a "face lift"; and the draft budget would go to Council on June 14 for approval, which included capital improvements to wireless connection in Old Town. Temecula Valley Chamber of Commerce - Alice Sullivan reported the Economic Outlook was scheduled for June 23 at 3:30 p.m.; the Chamber's Legislative Days trip to Sacramento was very successful; and the Legislative Summit was scheduled for September 30. City of Murrieta - Ashley Jones reported on the upcoming Birthday Bash for the city on July 2; the Downtown celebration would be held on July 16 with Concerts in the Park; and a new restaurant called The Brick was opening soon. Murrieta Chamber of Commerce - Rex Oliver reported on the new chamber board members and provided an update of activities of the Southwest California Legislative Council. City of Lake Elsinore- no report available. Lake Elsinore Valley Chamber of Commerce: - No report available. Adiournment The meeting adjourned at 10:00 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY INDUSTRIAL COMMITTEE MEETING Tuesday, June 21, 2005 - 8:30 a.m. EDC Office - French Valley Airport 37552 Winchester Road, Murrieta, CA 92563 Committee Members Present: John Fili, Solid State Stamping, Inc. Bill Prouty, Global Education Systems Del Ross, EDAC Diane Sessions, EDC Guests Present: Michael Khaled, Ocean Consulting Call To Order Committee Chair John Fili called the meeting to order at 8:30 a.m. The Committee reviewed and accepted the April 21, 2005 meeting minutes. Review Previous Action Items The Committee reviewed the following past action items: 1. Bill P/'()uty ta plY'nide the eammittee .vith samp!es a/the teaching materia!/er the Ad',Ylf'lccd MflnujJeturing Ski!] 8ta.ndar-ds Ccrtificaticm pro/eet. Completed 2. Diane Sessions to schedule a steering committee meeting to discuss the future administration of First Team. Ms. Sessions to contact the EDC Education Committee for its participation. 3. Diane 8cssialls ta pre.'ide the .1P!CS material ta De/lllis Frankfar rc':ic,1' and discus" its partnership with the higfw' edueatian center. Completed Committee Business EDC Scholarship Foundation - John Fili reported that the Committee discussed the concept of forming a scholarship foundation. He proposed to the EDC Board of Directors at its May board meeting to: 1) start a scholarship foundation; 2) set awards criteria to tie in to skills standards that would reach all the way back into the 9th grade, as presented by Bill Prouty; 3) consider work experience with local companies as part of the criteria process; and 4) create several categories, i.e., finance, business, engineering, etc. The Board had not yet approved the concept and recommended that the Committee research further the cost and administrative process to form a scholarship foundation. Bill Prouty recommended that the scholarships should not be limited to only high school students but also to students who were enrolled in vocational training for manufacturing, engineering and industrial career paths. Mr. Fili recommended the Committee contact EDC members to request their participation in internship opportunities which would help students eam scholarship awards. Mr. Fili would propose this project for Board approval at the July EDC Board of Directors meeting. · Advanced Manufacturing Skills Standards Certification - Bill Prouty provided the Committee with a sample questionnaire that was used to determine a company's workforce skills. Mr. Prouty reported that the document helps establish a baseline in order to develop a strategic intervention plan to prepare workers for certification testing. The program objective was to certify approximately 25,000 workers in manufacturing applications throughout four Southern California counties. EDC Industrial Committee Meeting Minutes - June 21, 2005 Page 2 of2 Mr. Prouty requested the Committee's assistance with forming a core group of manufacturers in Southwest California to participate in certification training to achieve skills standards. The first step was to assess where skills competency was needed in a company's workforce. The second step was to provide the skills training identified in the assessment. The third step was to certify the company's workforce and provide certificates of completion in skills standards. Michael Khaled explained the certification process and curriculum requirements for training. He further reported on the grant process of the State of California Employee Training Panel and other federal funding entities to help pay for employee training. Mr. Khaled suggested the EDC help build the core group of manufacturers and host a forum to present the skills standards project to local manufacturers. John Fili suggested that Mr. Prouty and Mr. Khaled draft a one-page summary that detailed the project and its objectives. · Update on APICS Chapter - Diane Sessions reported that Dennis Frank and Ben Schlussel were working on starting an APICS chapter in Southwest California, which might be located within the new Education Center. Diane Sessions would follow up on how this process is progressing. · STEP Program - Diane Sessions reported that Ken Carlisle, EDC director and Guidant executive, suggested the Committee consider participating in STEP (Science and Technology Education Partnership). She further reported that STEP hosts an annual conference to showcase high technology, hands-on exhibits and demonstrations. Ms. Sessions asked the Committee if they would be interested in learning more about STEP and perhaps researching further into hosting a science fair locally. This may be a good joint project with the EDC Education Committee. Other Business · Announcements - Diane Sessions announced the Economic Outlook sponsored by the Temecula Valley Chamber of Commerce was scheduled for Thursday, June 23 at 3 :30 p.m. at Temecula Creek Inn. · Del Ross suggested forming a permitting assistance committee to participate with governing agencies in resource management, such as watershed environmental issues and other permit policy issues. Diane Sessions reported that the EDC was forming an EDC Permit & Planning Committee and invited Mr. Ross to join. Review New Action Items 1. Mr. Fili to propose the scholarship foundation project to the EDC Board for approval at the July board meeting. 2. Diane Sessions to contact EDC members to request their participation in internship opportunities, which would help students earn scholarship awards. This action item is contingent on the EDC Board's approval of the scholarship foundation project. 3. Mr. Prouty and Mr. Khaled to draft a one-page summary that details the skills standards project and its objectives. 4. Diane Sessions to follow up with Ben Schlussel and Dennis Frank on how the formation of the AP1CS chapter in Southwest California is progressing. 5. Diane Sessions to propose hosting a STEP science fair to the EDC Education Committee. Adiournment The meeting adjourned at 9:30 a.m. ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY JOINT MEETING OF THE TRANSPORTATION & INFRASTRUCTURE AND INDUSTRIAL COMMITTEES Thursday, May 12, 2005 - 8:30 a.m. EDC Office - French Valley Airport 37552 Winchester Road, Murrieta, CA 92563 Committee Members Present: Joseph Choi, California Bank & Trust John Fili, Solid State Stamping, Inc. - Chair, EDC Industrial Committee Dennis Frank, DC Riverside - Temecula Keith Johnson, Mission Oaks National Bank David Phares, D. L. Phares & Associates - Chair, EDC Transportation & Infrastructure Committee Del Ross, EDAC Diane Sessions, Economic Development Corporation Roger Ziemer, The Gas Company Call To Order Committee Chairs John Fili and David Phares called the meeting to order at 8:39 a.m. and led self introductions. Committee members congratulated John Fili on his recent promotion to Vice President of Manufacturing Operations at Solid State Stamping. New Business · Industrial Committee Projects Update - Chair John Fili reported on the effort to bring an APICS (American Production and Inventory Control Society) chapter to Southwest California. Ben Schlussel and Dennis Frank were leading this project. Mr. Fili explained what APICS is about and its importance in manufacturing. Other projects that the Industrial Committee was working on were monthly "Shop Talks" and setting up a scholarship foundation. Mr. Fili recommended that scholarships should be tied to work experience in order to support the EDC mission of regional economic development. Scholarship awards should be allocated toward students who participate in work experience. He recommended that the EDC Education Committee partner in this project. Roger Ziemer reported on the architectural competition that Southern California Gas sponsors. Action Items: 1) Dennis Frank will research the possibility of housing APICS in the Higher-Ed Center. 2) Roger Ziemer will research the terms for creating a scholarship foundation. · Transportation & Infrastructure Committee Projects Update - Chair David Phares reported on the committee's refocused efforts as a result of the recent S.W.O.T. event. There were a number of survey comments made by event attendees that transportation routes were challenging to businesses and residents. Mr. Phares suggested the Committee focus on transportation issues, and he suggested that Bill Blankenship of the Building Industry Association be invited to attend the June committee meeting. Mr. Phares further reported that a subcommittee be formed to address permit and planning issues and assistance to businesses working with government agencies and utility companies. Dennis Frank suggested that the Committee explore permit and processing issue.s that could be integrated into Committee goals. The Committee discussed in detail the need and importance to address issues related to building permitting and planning and agreed to set some goals. Joint Meeting of the EDC Industrial and Transportation & Infrastructure Committees Minutes - May 12, 2005 Page 2 of2 Mr. Phares suggested the P&P Committee could help coordinate and communicate with developers and others who are involved in the pennitting process. Del Ross indicated his interest in sitting on the committee. Key Issues such as traffic on local roads and freeways, and building permitting were major concerns. Action Items: I) Scott Hurst will contact Bill Blankenship from the BIA to join the Committee. 2) Diane Sessions will contact Diane Wirth from the Valley EDC, EDC Board Members Roger Ziemer and Harry Shank, Bob Lopez with Edison, and Ashley Jones with the City of Murrieta to join the Permit & Planning Committee. Continuinl!: Business · Foreign Trade Zone (FTZ) - David Phares reported on the importance of the Foreign Trade Zone from the perspective of commercial real estate brokers and John Fili spoke from the perspective of a manufacturer. Committee members discussed the need for a warehouse in the region with FTZ benefits and agreed that such a facility would work well at French Valley Airport. Action Items: I) Diane Sessions to forward emails and other correspondence relative to the FTZ project to committee members. Committee Reports . None Other Announcements . None Review Previous Action Items 1) Diane Sessions will contact Diane Wirth from the Valley EDC, EDC Board Members Roger Ziemer and Harry Shank, Bob Lopez with Edison, and Ashley Jones with the City of Murrieta to join the Committee. Adjournment The meeting adjourned at 9:35 a.m. APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/~ Debbie Ubnoske, Director of Planning DATE: July 26, 2005 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of June. CURRENT PLANNING ACTIVITIES New Cases The Division received 79 new applications for administrative, other minor cases, and home occupations and l:1 applications for public hearings during the month of June. The new public hearing cases are as follows: DEVELOPMENT PLAN CONDITIONAL USE PERMITS TENTATIVE PARCEL MAP TENTATIVE TRACT MAP 3 3 1 1 Status of Maior Proiects New Proiects . Marquis at Wolf Creek - Major Modification to craftsman style home plans in the Marquis home product in Wolf Creek. Plans were submitted on June 6, 2005. A Pre-DRC meeting was held on June 14, 2005. A comment letter was sent on June 28, 2005. (PA05-0169 - PETERS) . Wolf Creek South Half Perimeter Wall Plans - Perimeter wall plans for the south half of Wolf Creek bounded by Wolf Valley Road to the north, the Sports Park to the south, Redhawk to the east, and Pechanga Parkway to the west. Plans were submitted on June 3, 2005. This project is under review and a Pre-DRC was held on June 28,2005. A comment letter was sent on June 30,2005. (PA05-0339 - PETERS) . Wolf Creek Private Recreation Facility - An Administrative Development Plan for the Wolf Creek Private Recreation Center including an administrative building, pool, volleyball court, play area, R:\MONTHL Y.RP1\200516.2005 Report.doc and grounds located at Wolf Creek Drive approximately 1,000 feet south of Wolf Creek Road and the Fire station property. Plans for this project were submitted on June 8, 2005. This project is under review and a Pre-DRC meeting was held on June 21,2005. A comment letter was sent on June 23, 2005. (PA05-0144 - PETERS) · Dalton 11- A Development Plan/Conditional Use Permit application submitted on June 6, 2005 for a 25,000 square foot mixed use retail/multi-family residential building located at 41945 5th Street. The project was approved at the July 6,2005 Planning Commission hearing, subject to Council approval of the proposed building height. The project is scheduled for the July 12, 2005 City Council hearing. (PA05-0171 - FISK) . Grainger will call - A Conditional Use Permit submitted on June 13, 2005 to operate a will call center for package pick up in an existing building. The project is located at 41625 Enterprise Circle South. This project is scheduled for the July 12,2005 Pre-DRC Meeting. (PA05-0181- MCCOY) . Captain's Cabin - An Administrative Minor Modification submitted on June 6, 2005 to remove an existing atrium patio and replace it with woodsiding and extension of the existing roof line. The project is located at 28551 Rancho California Road. A DRC letter will be sent out on July 14, 2005. (PA05-0185 - MCCOY) . Target- An Administrative request for a finding of Public Convenience or Necessity to allow the sale of alcohol at an existing Target retail store. The project is located at 29676 Rancho California Road. This project is scheduled for the July 20, 2005 City Council Meeting. (PA05- 0199 - MCCOY) . The Emporium- A Minor Modification submitted on June 8, 2005 to improve fa(:ades on the existing building located at 42050 Main Street. Improvements include replacement of existing, and failing pedestrian walkway canopy and to construct a new entry feature. This project is scheduled for the July 12, 2005 pre-DRC Meeting. (PA05-0174- MCCOY) . The Stage Stop ATM Shack - A Minor Modification submitted on June 10. 2005 for the construction of an auxiliary structure intended to house weekend/event vendors and a 24 hour ATM. The project is located at 28464 Old Town Front Street. This project is scheduled for the July 12, 2005 Pre-DRC Meeting. (PA05-0178 - MCCOY) . RedHawk Car Wash and Tire Store - A Development Plan and a Conditional Use Permit submitted on June 8, 2005 for 3 buildings totaling 8,354 square feet used for a self-serve car wash and tire store. The project is located on the northeast corner of Margarita Road and DePortola Road. The project is currently in review. (PA05-0172 - DAMKO) . Butterfield Ranch Self-Storage - A Development Plan submitted on June 23, 2005 for a 127,572 square foot self storage building located on the southeast corner of Highway 79 South and Butterfield Stage Road. This project is currently in review. (PA05-0152 - DAMKO) Recently Approved Proiects . Outdoor Channel - A Minor Conditional Use Permit submitted on May 3, 2005 for a 35' 6" satellite antenna and associated structures for future broadcasting of the Outdoor Channel. The project is located at 43455 Business Park Drive. The project was approved at July 6, 2005 Planning Commission hearing. (PA05-0130 - DAMKO) R:IMONTHL Y.RPlI200S16.200S Report,doc 2 · Harveston Aberdeen - A home product review for the architectural design and placement of 92 single-family residences within the Harveston Specific Plan area. The project site is located east of Ynez Road and south of Date Street. The project was submitted on February 11, 2005. A DRC meeting was conducted on March 17, 2005. The applicant submitted revised plans on March 31 ,2005. Staff provided revised comments on April 22, 2005. The project was approved at the July 6, 2005 Planning Commission meeting. (PA05-0045 - DAMKO) . Harveston Charleston - A home product review for the architectural design and placement of 106 single-family residences within the Harveston Specific Plan area. The site is located east of Ynez Road and south of Date Street. The project was submitted on February 11 ,2005. A DRC meeting was conducted on March 17, 2005. The applicant submitted revised plans on March 31,2005. Staff provided revised comments on April 22, 2005. The project was approved at the July 6, 2005 Planning Commission meeting. (PA05-0044 - DAMKO) . Old Adobe Plaza - A Minor Modification to an existing Development Plan to modify the exterior entryways and add an ATM to an existing 3,850 square foot suite located at 27645 Jefferson Avenue. The application was submitted on February 14, 2005. A DRC letter was sent to the applicant on March 17,2005. The project was approved on June 28,2005. (PA05-0046- BALES) . Old Adobe Plaza - An Administrative Development Plan to repaint the exterior walls of the shopping center and replace 26 wood window sashes with dual glaze vinyl windows. Located at the corner of Jefferson Avenue and Overland Drive. This project was submitted on June 2, 2005 and was approved on June 28, 2005. (PA05-0164 - BALES) . Moreno Road Office Building - A Development Plan to construct a two - story 7,000 square foot oftice building on .76 acres, located at41919 Moreno Road. The application was submitted on July 12, 2004. Staff provided a DRC comment letter to the applicant on August 23, 2004. Revised plans were submitted on February 22, 2005. Staff provided a comment letter to the applicant on March 31, 2005. The applicant provided revised plans on April 18, 2005. The project was reviewed by the Old Town Review Board on May 9,2005 and was approved at the June 2, 2005 Director's Hearing. (PA04-0470 - FISK) . Shire Building Modifications - A Minor Modification to construct fayade and flatwork improvements, change building color and add signage. The subject property is located at 28656 Old Town Front Street. The application was submitted on April 13, 2005. The project was reviewed by the Old Town Local Review Board on June 13, 2005 and continued for additional information from the applicant. The application was reviewed by the Old Town Local Review Board on July 11, 2005. The Old Town Board recommended revisions. Staff will administratively approve project the week of July 11, 2005. (PA05-0111 - FISK) . Marble Express Building - A Development Plan to construct, establish and operate a 17,421 squarE;l foot industrial building on a 1.1 acre site located at 42068 Winchester Road. The applicant submitted plans on January 24, 2005. A DRC meeting was held with the applicant on February 24th, 2005. Revised plans were submitted on May 9, 2005.The project was approved at the July 6,2005 Planning Commission hearing. (PA05-0016 - PAPP) . Penfold Cattle Co. - A Minor Conditional Use Permit to allow for the sale of beer, and wine and spirits from a restaurant to be located at 42072 5th Street, within the new Penfold Plaza building. The application was submitted on February 23, 2005. The project was approved at the July 6, 2005 Planning Commission meeting. (PA05-0056 - FISK) R:\MONTHL Y.RPT\2005\6-2005 Report.doc 3 . Proiects Under Review Commercial . Star World Center - A Development Plan to construct a 13,709 square foot commercial building on 1.4 acres located on the west side of Old Town Front Street, approximately 800 feet south of Santiago Road. The application was submitted on November 22, 2004. A DRC meeting was held with the applicant on January 6,2005. A DRC letter was sent to the applicant on January 6,2005. Revised plans were submitted on April 27, 2005. A second DRC meeting was held with the applicant on June 9, 2005 and a DRC letter was sent to the applicant on June 9, 2005. Staff is currently awaiting the submittal of revised plans. (PA04-0584 - FISK) . Krieger's Fayade and Porch - A Minor Modification to a Development Plan to paint an existing building and to construct a 528 square foot covered porch along the west side of the building. The application was submitted on February 22, 2005. A DRC meeting was held on March 31, 2005 and a DRC letter was sent to the applicant on April 6, 2005. The project was rereviewed at the May 9, 2005 Old Town Local Review Board meeting. The Old Town Local Review Board requested that the applicant provide additional information and details. Revised plans were submitted on July 7,2005. Staff is currently reviewing the revised plans. (PA05-0055 - FISK) . Elite's Plaza - A Development Plan to construct two office buildings and one retail building totaling 74,056 square feet on 4.6 acres located on the east side of Jefferson Avenue approximately 500 feet north of Rancho California Road. The application was submitted December 22,2004. A DRC meeting was held February 24, 2005. A DRC letter was sent to the applicant on February 28, 2005. Plans were resubmitted April 18, 2005. A second comment letter was sent May 19, 2005. Staff is awaiting revised plans to route for Conditions of Approval. (PA04-0623 - PETERS) . Tall Tree Mall Expansion - A Development Plan to construct a 3,000 square foot addition to an existing 3,600 square foot commercial office building on .18 acres, located at 41964 Main Street in Old Town. The project was submitted on December 21,2004. A DRC was held on February 17,2005. A DRC letter was sent on February 18, 2005. A 30 day letter was sent to the applicant on April 22, 2005. Staff is currently waiting for revised plans. (PA04-0622 - FISK) . County Center Drive Cingular Wireless - A Minor Conditional Use Permit to construct a roof top wireless antenna facility located at 40940 Country Center Drive. This project was submitted December 6, 2004. A Pre-DRC was held on January 4, 2005. Staff has sent a letter outlining concerns and requesting information. Revised plans were resubmitted on April 21 ,2005. Public hearing information was requested from the applicant on April 25, 2005. Conditions of Approval were requested from other department by May 9, 2005. Staff is currently awaiting receipt of these items prior to confirming Director's Hearing date. (PA04-0600 - DAMKO) . Crawford Suites Hotel- A Pre-Application for a Development Plan to construct a 96 unit, 4 story hotel at the southeast corner of Jefferson Avenue and Winchester Road, was submitted on December 27, 2004. A Pre-DRC meeting was held on January 18, 2005. The applicant provided additional information to be forwarded to our Architectural consultant. Architectural review comments were sent to the applicant on March 7, 2005. Revised plans were resubmitted on April 18, 2004 and final comments for this pre-application were mailed to the applicant on May 4, 2005. Staff is awaiting submittal of a formal application. (PR04-0020 - KITZEROW) . Butterfield Ranch - A Development Plan to construct five commercial buildings totaling 42,385 square feet and creating two pads for future commercial buildings totaling 13,300 square feet on R:\MONTHL Y.RPT\2005\6-2005 Report.doc 4 6.7 acres located at the southwest corner of Highway 79 South and Butterfield Stage Road. The application was submitted on December 20, 2004. DRC was held on January 27, 2005. Applicant resubmitted on March 2, 2005. Project went to the May 18, 2005 Planning Commission but was continued off calendar due to last minute environmental agency concerns. The project is scheduled for the July 20, 2005 Planning Commission hearing. (PA04-0621- DAMKO) . Calle Cortez - A Development Plan application was submitted on October 1, 2004 to construct two concrete tilt-up service commercial buildings. Building 1 is 16,954 square feet and building 2 is 15,432 square feet. The project is located on the north side of Calle Cortez, just west of Jefferson. DRC was held on November 18, 2004. Staff is waiting for applicant response. (PA04-0544 - DAMKO) . General Kearney Reservoir Wireless Facility - A Conditional Use permit to replace an existing non-disguised unmanned wireless monopole with a new 65-foot tall unmanned wireless monopine with 12 antennas, four-foot diameter microwave dish and associated 336 square foot equipment shelter and a back-up generator. The subject property is located east of Placer Lafite and south of Chemin Coutet. The application was submitted on March 1, 2005. Letter notifying applicant of initial study was sent on March 28, 2005. A DRC meeting was held on April 21 ,2005. Staff is currently awaiting revisions. (PA05-0063 - BALES) . Creekside Centre Sign Program - To establish and implement a sign program for the Creekside Centre Shopping plaza. The subject property is located at the southeast corner of Overland Drive and Nicole Lane. The application was submitted on March 1, 2005. A comments letter was provided to the applicant on April 8, 2005. Staff continues to await revisions as of July 11, 2005. (PA05-0062 - FISK) . T emecula Creek Plaza Sign Program - A Comprehensive Sign Program for seven commercial /office/retail buildings at the southeast corner of Jedediah Smith Road and Hwy 79 South. The application was submitted on February 9, 2005. This item is tentatively scheduled to be presented at the August 17, 2005 Planning Commission meeting. (PA05-0040 - PAPP) . Rancho Temecula Town Center-A comprehensive sign program for Rancho Temecula Town Center submitted on February 17, 2005. The subject property is located at the corner of Winchester and Nicolas. A DRC letter was sent on March 7, 2005. The applicant resubmitted plans on April 11, 2005. Staff reviewed the revised plans and a meeting to discuss further changes was held on June 9, 2005. Staff is awaiting submittal of revised drawings. (PAOS-OOS2 - PETERS) . Madison Lot 13 - A Development Plan submitted on April 14, 2005 for a 13,411 square foot service commercial building located on the southwest corner of Madison Avenue and Buecking Drive. The project is scheduled for the July 20th, 2005 Planning Commission Hearing. (PA05- 0100 - DAMKO) . Madison Lot 6 - A Development Plan submitted on April 14, 2005 for a 23,618 square foot service commercial building located on the cul-de-sac of Madison Avenue. The project is scheduled for the July 20,2005 Planning Commission Hearing. (PA05-0101 - DAMKO) . Industrial Condominiums of Temecula - A Development Plan to construct three light industrial buildings totaling 85,900 square feet on 5.5 acres located on the north side of Remington Avenue, approximately 550 feet west of Diaz Road. The project was submitted on April 27, R:\MONTHL Y.RPT\2005\6-2005 Report.doc 5 2005. A DRC letter was sent to the applicant on June 3, 2005. Revised plans were submitted on June 21,2005. Staff is currently reviewing the revised plans. (PAOS-0127 - FISK) . Temecula Glass Company - A Development Plan to construct an 11,271 square foot commercial building on .987 acres located at 41755 Enterprise Circle. The application was submitted on April 12, 2005. A DRC meeting was held on May 19, 2005. A DRC letter was sent on May 20, 2005. Staff is currently waiting on revised plans. (PAOS-010S - BALES) . Nextel at Haz-It Markit - A Conditional Use Permit application submitted on May 24, 2005 for a wireless telecommunications facility consisting of 12 antennas on a mono-palm and an 11 x20" equipment building. A DRC letter was sent to the applicant on June 29, 2005. Staff is currently awaiting submittal of revised plans. (PAOS-01S7 - FISK) Subdivisions . PM 28049 EOT - A fourth Extension of Time for Parcel Map 28049 (A proposed multi-family residential development. The subject property is located at the northwest corner of Pujol Street and Calle Cerrillo. The application was submitted on September 30, 2004. MSHCP requirements were recently addressed and staff anticipates scheduling the application for a September Planning Commission hearing. (PA04-0S39 - FISK) . Temeku Clubhouse - A Tentative Parcel Map submitted on May 24, 2005 to subdivide 3 lots located at the south intersection of Temeku Drive and Cantebury Court. A Pre-DRC was held on June 14, 2005. Waiting for applicant response. (PAOS-01S6 - DAMKO) . Butterfield Ranch - Tentative Tract Map submitted on March 2, 2005 for the subdivision of 7 commercial lots. The project is located on the south east corner of Highway 79 South and Butterfield Ranch Road. The project went to the May 19, 2005 Director's Hearing, but was continued off calendar due to environmental concerns. The project is scheduled for the July 20, 2005 Planning Commission hearing. (PAOS-0066 - DAMKO) . Selby Parcel Map - A Tentative Parcel Map to subdivide 21.22 acres into 6 parcels located at the east side of Ynez Road north of Rancho California Road and south of Solana Way. This project was submitted on January 6, 2005. Comments are due January 28, 2005 and a Pre- DRC has been scheduled for February 1, 2005. A DRC was held February 10,2005. A DRC letter was sent on February 10, 2005. On June 30, 2005 Staff requested additional information to complete an Initial Study for this project. (PAOS-0004 - PETERS) Industrial . Legacy Corporate Center - A Development Plan to construct, establish, and operate two industrial buildings totaling 84,006 square feet and one office building totaling 32,500 square feet. The applicant submitted plans February 17, 2005. The subject property is located at the northwest corner of Diaz Road and Remington Ave. A DRC meeting was conducted on March 24, 2005. Revised plans were submitted June 1, 2005. This project is tentatively scheduled for the August 3, 2005 Planning Commission hearing. (PAOS-OOS3 - PETERS) . Alvarez Del Rio Building - A Development Plan to construct, establish and operate a 17, 378 square foot office/warehouse building on 1.43 acres. The subject property is located on the east side of Del Rio Road, south of Calle Cortez. A DRC meeting was held on November 18, 2004. Staff continues to await revised plans as of May 9, 2005. (PA04-0543 - DAMKO) R:\MONTHL Y.RPT\2005\6-2005 Report.doc 6 . Temecula Corporate Center - Tentative Parcel Map to create two common lots consisting of 6.24 and 9.13 acres with 17 condominium units on the north and south side of Via Industria, and a Development Plan to construct 17 office, flex-tech, and industrial buildings totaling approximately 250,440 square feet. The application was submitted February 8, 2005 and a DRC meeting was held March 17, 2005. Revised plans were submitted June 6, 2005. A DRC meeting was held on June 23, 2005. A DRC comment letter was sent on June 27, 2005. (PAOS-0036, PAOS-0037 - PETERS) . Auto Center - A Development Application submitted on April 5, 2005 for a 6,806 square foot auto service center located on the southwest corner of Commerce Center Drive and Via Montezuma. The project was heard at the June 30, 2005 Director's Hearing and was continued to the July 7,2005 Director's Hearing due to landscape concerns. (PAOS-OOS6 - DAMKO) . Winchester Gilcrest - A Development Plan submitted on April 5, 2005 for a total of 55,956 square feet of industrial office /warehouse space in 3 one story buildings. The project is located on the south side of Winchester Road, west of Diaz Road. A DRC was scheduled for May 12, 2005. A DRC letter was mailed on May 17, 2005. Waiting for applicant response. (PAOS-0096 - DAMKO) . Plaza Rio Vista - A Development Plan submitted to construct a 19,650 square foot office building on .99 acres to be located at the corner of Black Deer Loop and Diaz Road. The application was submitted on May 10,2005. The Pre-DRC meeting was held on June 23, 2005. Staff is currently awaiting revised plans. (PAOS-0139 - BALES) Mixed Use Residential . Naron Pacific Tentative Tract Map 30434 and Planned Development - A proposal for a zone change from L-1 to PDO on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the Chaparral area. The application was originally submitted on April 18, 2002. The CAD has made a recommendation on policy for the Chaparral Area allowing Y2- acre lots if it does not increase the "net" density. A PDO was submitted on March 25, 2004. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. An environmental constraint map was submitted on February 9,2005. Staff met with the applicant on March 22, 2005 to discuss grading impacts and received revised plans and constraints map. A letter was mailed to the applicant on April 7, 2005 informing him that the submitted plans are not adequate, the project is still considered incomplete, and additional information is still required in order to proceed with processing. Staff met internally on April 8, 2005 to discuss General Plan update. A letter was sent to the applicant on April 13, 2005 to explain City Council decision not to modify Chaparral Policy, therefore project plans must be revised to adhere to existing policies within General Plan. Staff is currently awaiting submittal of revised plans. (PA02-0204, PA02-0193 - PAPP/KITZEROW) . Wolf Creek Motorcourts -A Home product Review and a Tentative Tract Map to subdivide 14.1 acres into 6 common lots with 113 residential units in a motor court design. The application was submitted February 7, 2005. A DRC meeting was held March 10, 2005. Revised plans were submitted June 6, 2005. Staff is currently reviewing the resubmittal. (PAOS-0034 - PETERS) . Redwood at Wolf Creek - A Home Product Review submitted on April 13, 2005 for 159 single family homes located in Planning Area 22 of the Wolf Creek Specific Plan. Fourfloor plans with 3 elevations each are proposed, ranging in size from 3299 square feet to 4495 square feet. A R:IMONTHL Y.RPT\200S16.200S Report.doc 7 DRC letter was mailed to the applicant on May 4,2005. Staff transmitted a resubmittal on July 11,2005. Comments are due on July 25,2005. (PA05-0113 - PETERS) . La Vasani TPM - A Tentative parcel Map to subdivide 4.96 acres into 2 parcels located at 30854 Lolita Road. This project was submitted on February 23, 2005. A DRC letter was sent out on March 21, 2005. Staff is currently waiting for applicant response. (PA05-0025- DAMKO) . Tierra Vista Condominiums - An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. A second DRC letter was provided on September 10, 2004. Revised plans were submitted on February 7, 2005. A third DRC letter was provided to the applicant on April 8, 2005. Staff continues to await revised plans. (PA03-0552 - FISK) . Temecula Lane - A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map to construct 59 4-plex buildings totaling 236 units, 32 3-plex buildings totaling 96 units and 96 single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda Road and Temecula Lane. The project was submitted on August 8, 2004. A DRC meeting was held with the applicant on October 21,2004. Plan revisions were submitted on March 3, 2005. Staff provided revision comments to the applicant on March 31,2005. Staff is currently working on an Initial Study. (PA04-0496 - DAMKO) . Green Courts at Wolf Creek - A Tentative Tract Map to subdivide 11.65 acres into 85 lots (77 residential units) with an alley type design and a minimum lot size of 3,000 square feet in Planning Area 10 of Wolf Creek. In conjunction, a Development Plan (Product Review) for 77 residential green court homes. Units range from 2, 084 square feet to 2, 204 square feet with 3 different floor plans and 3 architectural designs. This application was submitted on January 10, 2005. A DRC Meeting was held on February 24, 2005. The project was resubmitted on April 19,2005. A second Pre-DRC meeting was held on May 10,2005. A DRC comment letter was sent on May 13, 2005. Staff is awaiting resubmittal. (PA05-0009 & PA05-0010 - PETERS) . Cottonwood at Wolf Creek - A Home Product Review forthe architectural design and placement of 133 single family residences within Planning Area 20 of the Wolf Creek Specific Plan Area. The project was submitted on March 21, 2005. A DRC letter was mailed to the applicant on April 22, 2005. The applicant resubmitted on June 24, 2005. Comments are due July 15, 2005. (PA05-0084 - PETERS) . Villa Del Sol Apartments - A Minor Modification to construct a 640 square foot utility/workout room at an existing apartment complex. The subject property is located at 28566 Pujol Street. The application was submitted on May 9, 2005. A DRC letter was sent to the applicant on June 8,2005 and plans were resubmitted on June 27,2005. Staff is currently reviewing the revised plans. (PA05-0137 - FISK) . Margarita Village Specific Plan Amendment to change the land use designation from VL (very- low - .2 to .4 du/acre) residential to LM (low medium - 3 to 6 du/ac) for 18.3 acres along the west side of Butterfield Stage Road, north of Chemin Clinet. This is associated with a Tentative Tract Map (PA04-0392) for 36 residential lots ranging in size from 7,200 to 25,000 square feet. These applications were submitted on June 2, 2004. A DRC meeting was held on July 8, 2005. The project was resubmitted on August 2, 2004 and a DRC letter was sent to the applicant on R:\MONTHL Y.RPT\2005\6-2005 Report.doc 8 August 26, 2004. Revised plans were submitted on October 4, 2004 and again on January 6, 2005. An Initial Study was issued on April 28, 2005. This item was recommended for approval by the Planning Commission at the June 1 , 2005 meeting and is scheduled for the July 26,2005 City Council meeting. (PA04-0390 - PAPP) Miscellaneous . Sprint 100 Margarita - A Minor Conditional Use Permit for the co-location of six (6) cellular telecommunication antennas on a mono-pine, which includes the replacement of the existing 57 foot high mono-pine with a 68'4 ft mono-pine, located at 41520 Margarita Road. The application was submitted on September 23, 2004. A DRC letter was sent to the applicant on October 19, 2004 Revised plans were submitted on December 9,2004. The applicant contacted staff on February 22,2005 stating that the proposed site for co-location was already occupied by another carrier and that revised plans must be submitted for location on another structure on the project site. Revised plans were submitted on June 29, 2005. Staff is currently reviewing the revised plans. (PA04-0529 - FISK) . Temecula Faith Center - A Minor Conditional Use Permit submitted on April 14, 2005 for Temecula Faith Center to locate in an existing industrial building located at 42266 Remington Avenue. The total church square footage proposed is 8607 square feet, which represents an addition of a 500 square foot mezzanine. Staff is currently awaiting submittal of a parking analysis from the applicant. A DRC letter was sent to the applicant on May 11, 2005. Staff is currently awaiting the submittal of revised plans. (PA05-0114 - FISK) . Margarita Crossings - A Sign Program for the proposed Margarita Crossings Shopping Center located at the southwest corner of Margarita Road and Overland Drive. The application was submitted on March 1,2005. A DRC letter was sent on March 28, 2005 and staff met with the applicant to review the DRC comments on April 22, 2005. The applicant submitted a revised sign program on July 1, 2005. Staff is currently reviewing the revised sign program. (PA05- 0064 - FISK) . Rancho Baptist Church Monopole - A Conditional Use Permit application to construct an 80' foot monopole antenna facility with shelter on the northwest corner of the Rancho Baptist Church property, located at 29775 Santiago Road, APN 922-130-017. The application was submitted on November 9,2004. Staff has completed a preliminary review, and the application was forwarded to the City's newly hired telecommunications consultant for review. Comments were mailed May 6,2005. Staff is awaiting revised plans. (PA04-0578 - PETERS) . Cingular Mono-Pine Wireless Antenna - A Conditional Use Permit to construct a 50' high monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on April 19, 2004. Staff sent a DRC letter on June 8, 2004. The applicant resubmitted plans on September 23, 2004. Staff has received 3rd party review comments. Staff has postponed scheduling the project for a Planning Commission hearing at the applicant's request and anticipates scheduling the application for a September Planning Commission hearing. (PA04- 0285 - FISK) . Meadowview Golf Course - Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The focused EIR requires modification. Staff provided an EIR comment letter to applicant the week of June 7, 2004. Staff is currently waiting for the revised EIR. (PA01-0375 - PETERS) R:\MONTHL Y,RPT\200S16.200S Report.doc 9 . Verizon Wireless Telecommunication - A Conditional Use Permit for a 60-foot high mono-pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono-pole is not an acceptable design for the area. The applicant indicated alternative sites would not be feasible; however, on November 1 0, 2003, they offered to look at alternative sites and designs. The applicant resubmitted on May 10,2004. Staff met with the applicant on August 19, 2004 to discuss design alternatives. The applicant is continuing to cooperate with staff to develop an agreeable design solution. On September 16, 2004 the applicant submitted design concepts that were not supported by staff. There has been no formal resubmittal since May 10,2004. There is a new consultant working with the applicant who is preparing a new submittal to forward to our new Telecommunication consultant for 3'd party review. (PA02-0637 - PAPP) . Cyberzone - A Minor Conditional Use Permit for the establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of the Promenade Mall. Staff has received conditions of approval from other departments and scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost their lease prior to the hearing, so the application has been continued off calendar in anticipation of another lease space becoming available within the mall. (PRJOO-906 - FISK) . Temecula Regional Hospital - A General Plan Amendment, Conditional Use Permit and Development Plan to construct a fitness center, cancer center, two medical/office buildings (4 stories each) and a six-story hospital structure all totaling approximately 535,000 square feet. located north of Highway 79 South, south of De Portola and west of Margarita Road. Project was submitted June 30, 2004. A DRC was held on August 18, 2004. Staff and the City Council subcommittee have met with the applicant twice. The applicant submitted revised plans and a Tentative Parcel Map (PA04-0571) on November 4, 2004. This project went to the Planning Commission on April 6, 2005. The Planning Commission recommended that staff prepare an EIR for this project. P&D Consulting is preparing a focused EIR. (PA04-0462,PA04-0463- PAPP) . Verizon Wireless Telecommunication - A one-year extension of time for a previously approved Minor conditional Use Permit (PA01-0019) to co-locate 3 antenna array panels on an existing monopine structure located at the RCWD tank in Chardonnay Hills, 31008 Rancho California Road. A Director's Hearing was held on September 9, 2004 where it was re-directed to Planning Commission due to environmental concerns expressed by neighboring property owners. An Initial Study is being prepared to consider aesthetic impacts. The applicant has been notified that a Negative Declaration will be prepared. There is a new consultant working with the applicant who is preparing a new submittal to forward to our new Telecommunication consultant for 3'd party review. To date staff has not received a revised packet. (PA04-0264- PAPP) . Nextel at Bennett - A Development Plan and Conditional Use Permit to construct and operate a cellular telecommunications facility consisting of six antennas (total) on two light poles and 11.5" x 20" equipment building on 12 acres located at 32240 Highway 79 South. The application was submitted on November 1,2004. Comments from the City's consultant for 3'd party review were received on March 20, 2005. A DRC letter was sent to the applicant on March 30, 2005. A new management company recently contacted staff, requesting that the application not be closed. Staff is currently awaiting the submittal of revised plans. (PA04-0566 - FISK) R:\MONTHL Y,RPT\2005\6.2005 Report.doc 10 Small Business Assistance . La Tacqueria - Staff is working with the owners of this Old Town business on a revised plan for an exterior fayade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Planning Department in August. . The Stamper Building - Staff worked with the owner of this Old Town business to develop sign designs for this existing retail building on Old Town Front Street. The signs for this retail complex were approved by the Old Town Local Review Board in May. Special Event Permits . 2005 Street Painting Festival - Staff is helping the Redevelopment Department with an application for a temporary use permit for this event that will take place on June 18, and 19, 2005. . 2005 Fourth of July Parade - A Temporary Use Permit is in progress for this Old Town Front Street event that will take place on July 4, 2005. Staff is coordinating comments from all concerned City departments. Special Proiects & LonQ RanQe PlanninQ Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: . Old Town Specific Plan Amendment - Staff is working on an amendment to the Old Town Specific Plan to expand the protection for historic structures in the City, as well as make a number of other clarifications related to signage and mixed use projects within the Old Town Area. Public hearings are expected to be held later this summer. (HOGAN) . Comprehensive General Plan Update - The City Council approved the Updated General Plan on April 12, 2005. Staff is currently working on a Land Use Map amendment to correct a mapping error for the Meadowview area (PA05-0186). After that correction is approved, the final documents will be prepared and this final information loaded onto the City website. (HOGAN) . Consistency Rezoning - The initial General Plan Consistency Ordinance to amend the Official Zoning Map and the Development Code is scheduled to go back to the Planning Commission and City Council in July, 2005. . Public Transportation Master Plan - Staff has researched how these issues have been addressed by other jurisdictions. Most of the items appear to be very long term, except for the City's current efforts focusing on park-n-ride facilities. Staff will develop a scope of work to begin soliciting proposals after the new budget is adopted. (HOGAN) . Mixed Use Development Standards - Staff has started the development process for Mixed Use Development Standards by reviewing existing projects and guidelines. This is expected to result in a recommended approach to Mixed Use development that will be presented to the Planning Commission this fall. (WEST) R:\MONTHL Y.RPT12005\6-2005 Report.doc 11 . Santa Margarita River Watershed Planning Project - Staff members from the Planning and Public Works Departments are participating in the process. Since the completion of the contract, the County of San Diego has indicated a need to continue the process behind the State funding for the initial draft of the Watershed Management Plan, however; no meetings have yet been scheduled. (HOGAN) . Roripaugh Estates Specific Plan Amendment - Staff is proposing to amend the Roripaugh Estates Specific Plan to resolve commercial zoning issues and existing land uses A draft Specific Plan has been developed. Staff is preparing to undertake a similar process with the Rancho Highlands Specific Plan. (PA97-0443 - WEST) . Hillside Development Policy - The policies are being examined for integration into the draft- grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. . Procedures to Implement CEQA - Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new CEQA Guidelines, and will create new templates for standard CEQA forms. . Development Code Clean-Up Amendment - Staff is proposing a clean-up amendment to the Development Code for grammatical corrections and clarification. A public hearing was set for June 15, 2005, however; staff identified additional changes that needed to be incorporated into the 2005 Development Code clean-up. As a result, the Planning Commission will continue this item off-calendar. (PA05-0041 - WEST) . Surface Mining Ordinance - Staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. . South Side Street Improvement Project - The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. . Update of the Citywide Design Guidelines - Staff has completed its review of the Guidelines and has provided a comprehensive set of comments to the consultant assisting in this effort. Additional comments from the Redevelopment Director were forwarded to the consultant on January 5, 2005. The completed final screen check draft is expected to be delivered to staff on April 13, 2005. The Planning Commission recommended that the City Council approve the Updated City-Wide design guidelines on May 4, 2005. This item is scheduled to be presented to the City Council on August 9,2005. (PAPP) . Application Revision Project - Staff is working with Public Works to update applications to require Water Quality Management Plans (WQMP) with all new submittals beginning July 14, 2005. (PETERS) . City - Project environmental reviews and permitting: D Overland Drive Extension - Staff reviewed 2nd submittal of the Draft Initial Study / Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. D Diaz Road General Plan Level Improvements - Staff has prepared an Initial Study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff is R:\MONTHL Y.RPlI2005\6-2005 Report.doc 12 recommending that a Negative Declaration be prepared, the scheduling of this item for the City Council will be coordinated with Public Works Department. (EA107 - PAPP) o 1-15/ SR79 S. Ultimate Interchange Project - Staff has provided comments to the Public Works Department on the issues that need to be addressed in the NEPA/CEQA document that is to be prepared for this project. (EA111 - WEST) o Auto Mall / Rancho Way Grading - Staff is reviewing the special studies that have been prepared for this project and will be drafting up the environmental documents next month. This item is tentatively scheduled for the City Council's consideration on July 26, 2005. (EA-121 - HOGAN) o Santa Gertrudis Creek/Margarita Road Undercrossing - A Categorical Exemption was prepared for this project in January 2003, prior to the adoption of the MSHCP. The County Flood Control District has requested that the City provide a letter stating that it will be in compliance with the relevant policies for projects within riparian areas. Staff prepared a letter to the County Flood Control District to address their concerns. Staff is also preparing a letter for the Army Corps of Engineers stating that the project will comply with the City's policies for potential cultural resources. (EA120 - WEST) o NPDES, Water Quality Management Plan - Staff determined that the adoption of the ordinance requiring certain development project to prepare a Water Quality Management Plan is exempt from CEQA review. Staff prepared a Notice of Exemption pursuant to CEQA guidelines on June 28,2005 (EA122 - WEST) o Diaz Road Pavement Rehab - The proposed project will rehab the pavement on Diaz Road between Rancho California Road and Winchester Road. Staff prepared a Notice of Exemption pursuant to CEQA guidelines on June 29,2005. (EA123 - WEST) General Plan Amendments . PA03-0178 TERC 52, LLC - A General Plan amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park, adjacent to the Campus project. Staff is awaiting the submittal of additional information to determine that the project is consistent with the Comprehensive General Plan Update. (PAPP) . PA04-0411, Nicolas 73 - A General Plan Amendment application (and Zone Change PA04- 0414, and TTM PA04-0415) to change the land use designation on 73 acres from very low density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was held on July 8, 2004 and DRC was held on July 15, 2004. Based upon issues raised at DRC and clarified in a follow-up letter the applicant was informed that staff does not support the GPA. Issues related to the overall project density and number of lots proposed on the map will require a resubmittal. (PAPP) R:\MONTHL Y.RPl\2005\6-2005 Report.doc 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of POIiCeffJ DATE: July 25,2005 SUBJECT: Monthly Departmental Report The following report reflects the activity of the Temecula Police Department for the month of June. PATROL SERVICES Overall calls for police service.............................................................................................. 3,050 "Priority One" calls for service ...................................................................................................43 Average response time for "Priority One" calls ........................................................... 6.9 minutes VOLUNTEERS Volunteer administration hours. ... ..... ..... ... ..... ........ ..... ..... ... ..... ... ..... ........ ..... ... ... ..... ..... ... ... .... 424 Community Action Patrol (CAP) hours ....................................................................................174 Reserve officer hours (patrol)....................................................................................................13 Total Volunteer hours................ ..... ..... ........ .......... ........ ..................... ........ ..... ................ ..... 1,077 CRIME PREVENTION/GRAFFITI Crime prevention workshops conducted .....................................................................................4 Residential/business security surveys conducted .................................................................... 1/0 Businesses visited.................................................................................................................... 11 Businesses visited for past crime follow-up...............................................................................13 Crime prevention articles ........................ ............... ........ ........ ........ ..... ........... ..... ..... ............. ...... 1 Total square footage of graffiti removed............................................................................... 9,975 OLD TOWN STOREFRONT Total customers served........................................................................................................... 287 Sets of fingerprints taken ..........................................................................................................76 Police reports filed................. ........ ........ ..... ..... ........ .......... ................ ........ ........ ................ ....... 35 Citations signed off ........ ..... ... ..... ... ..... ..... ... ..... ..... ..... ..... ... ........ ..... ... ..... ..... ... ... ..... ..... ... ..... .......8 Total receipts. ..... ... ..... ... ..... ... ..... ... ..... ..... ... ..... ..... ..... ..... ... ... ..... ..... ... ............. ... ............. ... $7,229 POP TEAMS On-site felony arrests.................................................................................................................. 5 On-site misdemeanor arrests...................................................................................................... 5 Felony arrest warrants served ... ... ..... ........ ... ... ..... ........... ... ... ... ................ ............ ... ... ... ... ... ..... ... 8 Misdemeanor arrest warrants served........ ........... ................................................................. ......0 Follow-up investigations............................................................................................................ 17 F:\Monthly Agenda Report\June.doc TRAFFIC Citations issued for hazardous violations ............................................................................. 1,205 D. U.1. arrests....................................................................................................................... ...... 11 D.U.1. checkpoints conducted .................................................................................................... X Non-hazardous citations ........ ........ ... ..... ... ........ ... ..... ..... ... ... ... ........ ........ ... ... ... ... ................ ... ... 78 Stop Light Abuse Program (S.L.A.P.) citations........................................................................407 Neighborhood Enforcement Team (N.E.T.) citations ................................................................. 63 Parking citations..................................................................................................................... 122 Injury collisions.......... ........ ........ ........ ........ ..... ........ ..... .............. ........ .............. ........ .................11 INVESTIGATIONS Average open cases per detective ............................................................................................24 Average case closure rate .......................................................................................................6.8 Number of community seminars conducted ................................................................................0 SPECIAL ENFORCEMENT TEAM (SET TEAM) On-site felony arrests.................................................................................................................. 3 On-site misdemeanor arrests...................................................................................................... 2 Felony arrest warrants served...... ........ ..... ............. ..... ........ ........ ........ ........ ..... ........................... 1 Misdemeanor arrest warrants served .......................................................................................... 7 Follow-up investigations.............................................................................................................. 2 IIleqal druqs seized Methamphetamine: approximately 1.9g Marijuana: approximately 0.5 grams Ecstasy: 1 pill PROMENADE MALL TEAM Calls for service.......... ..... ........... ..... ........ ..... .......... ................... ............. ........... ........ ........ ....... 83 Felony arresVfilings.................................................................................................................. ...3 Misdemeanor arresVfilings ........................................................................................................ 12 Vehicle burglaries..................................................................................................................... .. 1 Vehicle thefts......................................................................................................................... .....0 SCHOOL RESOURCE OFFICERS Felony arrests....................................................................................................................... ......2 Misdemeanor arrests................................................................................................................ 10 Citations...................................................................................................................... .............. 10 Youth counseled..................................................................................................................... 143 Presentations Stranger Danger {PreschooI/Kindergarten)......................................................................1 YOUTH ACCOUNTABILITY TEAM Orientations delivered to new program members...................................................................... 10 School visits........................................................................................................................ ......38 Home visits........................................................................................................................ .......34 F:\Monlhly Agenda Report\June.doc APPROVAL CITY ATTORNEY DIRECTOR OF FINA~ CITY MANAGER r-- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: July 26, 2005 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of June, 2005. MOACTRPT CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report Junel July 2005 Prepared By: Amer Attar Submitted by: William G. Hughes Date: July 28, 2005 PROJECTS UNDER CONSTRUCTION 1. Old Town Community Theatre This project will construct a 20,000 square foot community theater complex and refurbishes the existing Mercantile Building. Construction started on 3-3-04. Work is progressing on theatrical lighting & rigging, and interior finishes. Grand Opening set for early October. 2. Pechanga Parkway Phase liB Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2) The project includes the construction of a grass-lined channel and box culvert crossings from Loma Linda Road to Deer Hollow Road. All box culverts and inleVoutlet structures are complete. The concrete channel and rip rap outlet structure from 1,000 feet north of Muirfield Drive to Temecula Creek is under construction. The project's completion date is scheduled for Summer 2005. Work is also underway for the outlet section of channel near the confluence with Temecula Creek. Completion date for that project is scheduled for July 2005. 3. Old Town Southern Gateway Landscaping Under this project, the southern entrance to Old Town will be beautified with landscaping and irrigation, split-rail fencing, lighted walks, and seating areas. Construction began February 7, 2005. Construction is complete. Construction is complete. The 90-day landscape maintenance period was initiated April 27, 2005 anticipated for completion July 27,2005. 4. Jefferson Avenue Pavement Rehabilitation - Phase II This project will rehabilitate Jefferson Avenue from south of Overland Drive to Rancho California Road. The design includes a complete reconstruction of the road within the project limits. In addition, problematic driveways will be reconstructed. RJ Noble completed the paving on 06/15. Traffic signal loops & final striping was completed the week of 6/27. As of June 30, 2005, this project is "substantially completed". Additional investigation was performed on the CMP & it was determined that the CMP is blocked at 2 locations, 41' east of the CB and 20' west of the downstream side of the pipe. Staff & contractor/subs are exploring repair options. 5. Pechanga Parkway Landscape Improvements America West Landscape has completed the installation of the irrigation system and landscaping. The 90-day maintenance period began March 18 and finished June 18,2005. SCE has yet to install the electric service necessary for the irrigation controller. C:\Documents and Settings\Amer .Att.ar\Local Settings\Temporary Internet Files\OLK705\June-July.doc 6. Fire Station - Northeast Site (Roripaugh Ranch) This project will construct a new fire station in the north part of the City. The first working day was 4- 11-05 and this extends to a completion date in early February of 2006. Work is focused on erection of wood framing, installation of roof trusses and rough in of electrical and plumbing. 7. Winchester Road Widening Between Enterprise Circle and Jefferson This project will widen Winchester road between Enterprise Circle and Jefferson Avenue. It will also add a right turn lane from Eastbound Winchester to Southbound Jefferson, starting at Enterprise Circle. Construction began on 12/6/04, and has been severely delayed by weather. Contract work is complete, with the exception of landscaping and irrigation, which will' be complete by 8/5/05. Outstanding issues are some minor masonry block work to be done to accommodate a property owner, and the traffic signal conduit crossing Jefferson SI. Contractor submitted a price to complete this work; decision is forthcoming. 8. Temecula Sports Complex A new 40+ Acres sports complex will be built at the corner of Pechanga Parkway and Deer Hollow Way. Bids were opened on September 16, 2004. The contract was awarded to Douglas E. Barnhart, Inc. at the September 28, 2004 Council meeting. The contract award amount is $13,365,055.51. Ongoing and partially completed work includes installation of Musco field lighting, baseball field backstops, irrigation, soccer field curbs, parking lot curbs, masonry block buildings. Completed work includes underground electrical, plumbing, site sewer & storm drain, mass grading. Synthetic turf contractor Byrom-Davey began work on 7/11/05, and has completed installation of drainage systems at soccer fields #2 & 3. Turf scheduled to begin installation on 8/1/05. 9. Vail Ranch Middle School Basketball Court Lighting This project will add lights to the basketball courts at Vail Ranch Middle School. The project was bid successfully the second time with R & M Electrical Contracting being awarded the project on March 8,2005 in the amount of $102,696.00. Work began June 20,2005, with completion expected by August 5, 2005. 10. Temecula Library A full service library, approximately 34,000 square feet in area, has been designed and is under construction built on Pauba Road, just west of Fire Station #84. The City was successful in obtaining State grant to aid in funding the $12,000,000 library. The grading operation is about 30% complete, with the building of the slopes being observed by the soils engineer and a Paleontologist. Edge Development is scheduled to begin the drilling for the CIDH piles around 7/29/05. 11. Bridge Barrier Rail Upgrade, Rainbow Canyon Road over Pechanga Creek/Del Rio Road over Empire Creek This project will replace the existing barrier rails of the Rainbow Canyon Bridge over Pechanga Creek and the Del Rio Road Bridge over Empire Creek. This project is partially funded federal HBRR barrier replacement funds. Construction Authorization was received and specifications were updated so that the project can go out to bid. The Engineer's Estimate was updated due to the lengthy Caltrans review time. The project is to be constructed in Summer 2005. Bids will be opened July 26, 2005. 2 C:\Documents and Settings\Amer.Attar\Local Settings\Temporary Internet Files\OLK705\June-July.doc 12. Citywide Concrete Repairs FY2004.2005 This year's annual citywide concrete repairs project was awarded to Portsmouth Construction. This $165,430 contract will replace broken sidewalk, curb, curb and gutter, and cross gutters at various locations around the City. Bids were opened May 17, 2005. The City Council awarded the construction contract to Portsmouth Construction for $165,430.00 on 06/15/05. Construction work began July 11 2005. 13. Bus Bench Upgrades Under this project, new bus benches and shade structures will be installed at certain stops and existing benches will be upgraded at'various locations. Sutherlin has ordered all bench 'and shade structure materials, preliminary delivery is mid to late July. Contractor will be completing concrete pads in advance of material deliveries. 14. Slurry Seal Project. FY 2004/2005 This project will slurry seal the residential streets southwest of Pechanga Parkway between Rainbow Canyon Road and Via Eduardo All American Asphalt was awarded this annual road maintenance contract, with a bid of $338,159. The pre-construction meeting is scheduled for July 26. It is anticipated that work will commence in early August. 15. Traffic Signal at Route 79-south and Country Glen Way Under this project, a new traffic signal will be installed on Route 79 South at Country Glen Way. The City Council awarded the contract to DBX, Inc. on July 12. A pre-construction meeting is being scheduled. It takes approximately 8 to 12 weeks for the traffic signal poles/mast arms to be ordered and delivered to the jobsite. It is anticipated that work will commence in September. PROJECTS BEING ADVERTISED FOR BIDS NONE PROJECTS IN DESIGN 1. Pechanga Parkway Improvements - Phase II (SR 79 South to Pechanga Road) This project will widen Pechanga Parkway (formerly Pala Road) to its ultimate width from the Pechanga Parkway Bridge to Pechanga road. The City recently met with staff members for Caltrans (Local Assistance) and the City's environmental consultant to re-c1assify the Preliminary Environmental Document (NEPA) of the project to a Categorical Exclusion with required technical studies (involving Federal action). The Local Assistance office of Caltrans recommended that the City prepare a project specific traffic study (2030) for Pechanga Parkway. The City received the traffic study for Pechanga Parkway during the week of July 11. It is being submitted to Caltrans' Local Assistance for their review. The City's environmental consultant (Michael Brandman Settings\Temporary Internet Files\OLK705\June-July.doc 3 C:\Documents and Settings\Amer.Attar\Local Associates) will use the traffic data to prepare technical studies (air quality study, natural environment study/minimal impacts study, and section 106 studyw/ APE map & HPSR) for submittal to Caltrans Local Assistance. Once Caltrans approves the environmental document (PES), the City can proceed with the acquiring 3 properties along Pechanga Parkway. When the properties are acquired, the City can then start the public bid process. 2. Pauba Road Improvements - Phase II (Margarita Road to Showalter Road) This project will widen Pauba Road from Showalter to just west of Margarita Road to its ultimate width. Specifications are being finalized. Work is being coordinated with the library project. The design consultant, PDC, is updating the plans to reflect existing conditions, as a number of developments were constructed along Pauba Road since the plans were originally approved. 3. Murrieta Creek Bridge - Overland Drive Extension to Diaz Road This project will entail alignment studies and the design of an extension of Overland Drive, westerly to Diaz Road, which includes a new bridge over Murrieta Creek. The project includes the widening of Overland Drive from Jefferson Avenue to Commerce Center Drive, and the extension of Overland Drive across Murrieta Creek to Diaz Road. Coordination with RCFC & WCD and the Corp of Engineers is required. Updated hydraulic data from the Corps of Engineers and RCFC & WCD may necessitate a modification to the bridge profile. The consultant is currently preparing 60% design plans and analyzing the new hydraulic data. 4. Fire Station - Wolf Creek Site A fire station will be built at the SE corner of Wolf Valley Road and Wolf Creek Dr. Preliminary design changes to incorporate comments from Planning, Building & Safety, Fire, and TCSD were received back from project architect, STK, on 5/13/05 and were distributed via e-mail to the various City departments for review. Based on feedback, STK will formalize design changes and resubmit to City. The Planning application process continues; no significant changes since last month. 5. Murrieta Creek Multi Purpose Trail This project will build portions of the equestrian and bike trails along Murrieta Creek within City limits. The City has received a federal grant of $1 ,214,000. Caltrans (the administrator of the federal funds) has given the City the "Authorization to Proceed with Preliminary Engineering." The City is working with Caltrans, US Army Corps of Engineers (ACOE) and Riverside County Flood Control to coordinate the trail design with the Murrieta Creek Improvement project. The signed Programmatic Categorical Exclusion (approved environmental document) was received from Caltrans on April 15, 2005. Final Design is underway and the 90% Plans are being reviewed. The City just received construction authorization from Caltrans 6. State Route 79 South Medians Under this project medians will be constructed on Route 79 South within the City ofTemecula limits. PDC is progressing toward the 90% submittal addressing comments from the City. 4 C:\Documents and Settings\Amer.Attar\Local Settings\Temporary Internet Files\OLK705\June-July.doc 7. Guardrail Installation and Replacement On Rainbow Canyon Road In this project, old guardrails will be replaced and new guardrails will be installed in needed locations on Rainbow Canyon Road within the City of Temecula. Final package for PS&E certification and Request for Authorization (to construct) was submitted to Caltrans on April 12, 2005. We anticipate advertisement for construction bids in August. 8. Rancho California Road Widening, Old Town Front Street to 1-15 (Southside) This project will provide a right turn lane for southbound 1-15 motorists and provide a dual left turn lane from westbound RCR to southbound Front Street. An MND (CEQA) was completed and a Notice of Determination was filed. 90% plans are being reviewed by CIP, Traffic, and TCSD. In addition, Calirans was sent a revised permit application: C'ity Attorney has approved using the' existing slope easement for construction of the new retaining wall. A Caltrans permit and right of entry documents from Denny's and Union 76 are anticipated over the next month. 9. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. The freeboard issue that was a potential stumbling block has been resolved, and the bridge profile will remain unchanged. 70% design progress review meeting was held on 6/10/05 to address comments received internally from City; no other responses received from other agencies or utility companies. Design consultant, Simon Wong Engineering, is pursuing input from the County and ACOE; next meeting is tentatively scheduled for 9/2/05. Word was received from Caltrans on 6/8/05 that project is listed for HBRR funds, which is the first step in obtaining federal funds for this project. No significant changes since last month. 10. City Maintenance Facility and Corporate Yard Under this project, an expansion of the maintenance facility will be built on the property adjacent to City Hall. Staff is reviewing the design development submittal. Bid package for phase 1 is being finalized, CC has authorized the bidding. 11. Santa Gertrudis Bicyclel Trail Undercrossing at Margarita Road This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek under Margarita Road. The first utility notice has been sent out. The consultant has submitted the 30% plan submittal that includes the selected design alternatives. 12. Diaz Road Realignment Under this project, Diaz Road will be realigned to Vincent Moraga Road at Rancho California Road. Business Park Drive will be aT-intersection at Diaz. 95% project design plans have been sent to the utility companies and 95% PS&E has been sent to in-house reviewers. The irrigation and landscaping is being re-designed to meet the agreement provisions between the City and the Business Par Association. The City has obtained possession of the properties needed through the courts. Final settlement is pending. 13. Localized Storm Drain Improvements This project will fix the drainage problem at the south end of Front Street (at the MWD easement). Baseline right of way, utilities, and mapping are established. This project is currently on hold. 5 C:\Documents and Settings\Amer .Attar\Local Settings\Temporary Internet Files\OLK705\June-July.doc 14. Long Canyon Detention Basin - Access Road This project will construct an access road to the Long Canyon Detention Basin. Plans and specifications are 90% completed, howeverwinter rains have affected the project conditions and the scope of work will need to be reevaluated. 't,he City is seeking FEMA funds to remove excess silt. Project is on hold until FEMA determination is finalized. 15. Pavement Rehabilitation Program - FY 2004/ 2005 This project continues the annual pavement rehabilitation program for City streets. Project scope focuses on Ynez Road, between Rancho California Road and Solana Way. Completed 90% PS&E internal and external review. PS&E is being finalized. Advertising is anticipated by the end of July " 2005. .. .... . . 16. Pavement Rehabilitation Program - FY 2005/ 2006 Portions of Diaz Road will be rehabilitated. Completed aerial photogrammetry and baseline mapping. PS&E is 50% complete. 17. Rancho California Median Modifications This project will modify the median on Rancho California Road just east of 1-15 to accommodate one more lane of traffic. Project is in preliminary design phase. Project is on hold. PROJECTS IN THE PLANNING STAGE 1. 1-151 SR 79 South Interchange - Project Report (PR) This project will modify the 1-151 SR 79 South Interchange to accommodate projected future traffic. This is the next step of project development after the completion of the Project Study Report. Research of existing utility facilities is complete. Phase I Initial Site Assessment is complete. Compilation of aerial photogrammetry data is being performed. Environmental baseline constraint surveys were initiated. Caltrans is reviewing the proposed Project Schedule, Project Charter, Risk Management Plan, and Project Communication Plan. 2. French Valley Parkway Overcrossing and Interchange, Project Report (PR), Plans Specifications, and Estimate (PS&E) Preparation This project will construct an interchange between Winchester Road Interchange and the 1-15/1-215 split. The Project Report was submitted to Caltrans at the end of June 2005. The PR is under review by the State. Comments are due back at the end of July. The Consultant asked me to chase comments from Caltrans. I will start my chase on Monday 7-18-05. A coordination meeting with the city of Murrieta was held on 7-7-05. Bill Hughes, Scott Harvey and Kavon Haghighi from Temecula, Russ Napier from Murrieta and George Hale from the consultant office attended. I met with Bruce Ko the week before and got the list of reviewers from him. I also got his concurrence on contacting the reviewers. He asked me not to contact FHWA representative. FHWA engineer likes to be contacted by state personnel only. 6 C:\Documents and Settings\Amer.Attar\Local Settings\Temporary Internet Files\OLK705\June-July.doc 3. French Valley Parkway Interim Southbound Off-Ramp to Jefferson, Auxiliary Lane, and Widening the Bridge over Santa Gertrudis Creek at the Winchester Southbound Off-ramp - Phase I The City and Caltrans have agreed that immediate action is required to relieve congestion at the Winchester Road southbound off-ramp. Caltrans has even agreed to contribute $750,000 to the construction of an auxiliary lane and widen the bridge over Santa Gertrudis Creek. A southbound off-ramp to French Valley Parkway will be included in the construction of the improvements at the Winchester southbound off-ramp provided that all the environmental clearances can be obtained in time. An amendment to Moffatt & Nichol's contract was approved by City Council at the May 24, 2005 meeting. The consultant is anticipating to submitthe plans for first plan check atthe beginning of 2006. Consultant contac:;ted Kavon and asked about the encroachment permit process at the City and Caltraris. I explained the process and was told that EMI will contact me to get more information. They will do the geotechnical work for the interim project. 4. Alignment Study for Murrieta Creek Bridge Between Winchester Road and Temecula City Limits and Diaz Road Extension This study will determine the alignment and location of the Murrieta Creek crossing between Winchester Road and the northern City Limits. In addition, the study will be combined with the Diaz Road Extension alignment study and design. Coordination with the City of Murrieta, Riverside County Flood Control and Army Corps of Engineers is necessary. The Consultant and Staff met with Riverside County Flood Control to discuss possible alignments. The consultant is currently awaiting data from Riverside County Flood Control in order to complete the work on the first draft of the alignment study. In order to proceed with the design of Diaz Road Extension for the proposed college, the alignment study was restarted with the existing information. The consultant completed a base map for the Diaz Road extension alignment. 7 C:\Documents and Settings\Amer.Attar\Local Settings\Temporary Internet Files\OLK705\June-July.doc I- W W :I: f/) f/) f/) W It: (!) ~ a.. ::.:: It: ~ ~~ ::JI- OZ wO :E:E w, I-f/) 11..1- 00 >-w 1-' -0 o It: a.. f/) I- Z w :E w > o It: a.. :E ....I ~ ~ ...It) o u.o O~ ... ...N - W'" 00 c( Do 'f :c: o j:: o ::;) e: ~ o o ffi ~ ~ o UJ .., o a: <i: c '" '" O! '" o ;:: a. = '!!. ~ " 0'" 0'" ~o+ " - -.,... m<oC"> :J::'I"'".IO. >-........ , '" '" I.~ 0 N. 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Q)C......O';>lUUQ)_o.C 0: 8t; .s013.S rr co tD._ e .. 'E .. ~ .. " e .. " :c e o 0. ::l ~ o '" f! .. ' o.~ e fij c.>> ~zj ~ 0 ,,- e" .. " ~~ .~ ~ e ~ .!: Q) ~.c c== .Q ?: fl-" ",'" 'G~ " U c... 00. ~"E ,-" e ~ 0.,,0 UCD ~ " N - 'e-~ C .!: a. c ro 1;) "'0 Ih <':.S Q) CD :2.985- "E t-:~ce ;~ .9.@ -m m <<I.ii'j cm.-~ CQ) Q):::l1h0 Q)"'O E e-~ f- lU..... ~1ij_ch ~S ~ CD B -g ro Q. (/)~o:::) .J::u.. o 1h....J;;: 0)0::: ~~~a:: :eg' o~~m C.C :;:J ro o.I .a ro B 0 :::l..... C/) 0. =E~.E N~ 0.00_ 0::0. fi.:= =a:<< U) '0 ..... Ih_:::l ..... Ih ::::IeOe- SIh ~ at;; e C ~ " EE 2!:S .g e "E :;:J 0 BOo ro8co :a's ~ "08 m o.ll::;: .e ffi == > ro -m -g ~ 3: K :s Q. ro Q)....:: a. 0_ "'O'S; <<I ro "00 lU e i:) Ql ~d ~oc.€ ~~ .>lhg.~ CLCi" elh.....:.o CN <Jl8.g~.:B~ ~ec><g.c_ o..QQlOlUO Ih Ql _ 0 . >_ ~=.~~~~5 ~co..oqQlO ~:;; g.~~ 3: ~ .; o <> N .,; N 'E 0. <C e o l'l e 1Jl ';;; ~ <C ~ o -' .9 " ~ E .c ~ ~ ~ " ~ ' " l'l !i 'g .8 .S e "c c ~ .. ~ t:.c o ~ c... ~'" -1: .. " .:;; E ~ >- ~ .. 00. 'ii '" " ~ .c ~ .. ~ ~ l'l " e 'iij " e .. l'l e .. c u: .E " ~ .. 0. ~ 0. ~ " ~ {!l o 0. ~ e 'E " .. ~ .. ~ '" 'E '" ~ (;.9 15 f/l Q) ro - "0 C .-..... 0.. ~ CD Ih g ro Lot: co :;:J:fi .,g? :;:J" Q).s: fO f/.I .0 :.o~~ EB .c cca~ 00. Q) 8::. iii" 1::: tI) t=. ~co -e . :::) Ql Ql "':"'0 -g 1:9.8'e-:3fij "0 f/l.....o. _ ~ <( ~ 1: B ~ E E~8 nQ) ro $:Q)Q) .,g?-5 "'0 "0 >..... Ql C !ij ~~ro ~o-o "'0 rof/l(; c"O~ 2 Eg- jgl'l'iij ca ._"'0 :::l ro 0 "'0 ~ ~ Ql Ih 0.. q) a. 0"'0 - C ..... :::l-ouCg~ o~e O)~~ 0 <20<<1 .5 ro -.:!: Q) ::::l - >- ""gc.S..o 0':;Q) .0 a. a:I = ..... 0-5 ~:::l>-ch';:: SJ::f/l ~-gfij<(f/.I -gB~ g~EmfijcCiiQ)~ ~ Q) E.~ o..Q e ~.a. c?:o-~~o1:JE 8'~~O~'E rJ~8 .Yl e c ~ ch.g ~ f/.I Q) ~~.~O~::' ~~-5 ~'iiiQ)CI)~o~O.9 g.o.2 ell ro Q) g Q).!: f/lg~~>'E~ ro-E-g C _ Q)'~ "0 C ..... .Qro>etsQ)(I)oQ) ~.!!l'8 a..~~ ~ ~ 1: lo"= C Ql (I) 0 ro (:$.0 Q) .u.Q.....6O'Q)<(~0) Q) U ~.;:: C co.5 o.Q)'-ro~oc>Q) CI) tI) 0> _ "0 <( co.o MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: ~~Brad Buron, Maintenance Superintendent DATE: July 1,2005 SUBJECT: Monthly Activity Report - June, 2005 The following activities were performed by Public Works Department. Street Maintenance Division in-house personnel for the month of June, 2005: I. SIGNS A. Total signs replaced ~ B, Total signs installed ---2 c. Total signs repaired ~ II, TREES A. Total trees trimmed for sight distance and street sweeping concerns ---1 III. ASPHALT REPAIRS A. B, Total square feet of A, C. repairs Total Tons 4,345 ~ IV, CATCH BASINS A. Total catch basins cleaned -21 V, RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement ~ VI. GRAFFITI REMOV AI. A, B. Total locations ~ 9,975 Total S,F. VII, STENCILING A, 668 New and repainted legends B, 21.615 L.F, of new and repainted red curb and striping R:\MAINT AIN\MOACfRP1\2004-200S\JUNE Also, City Maintenance staff responded to ~ service order requests ranging from weed abatement, tree trimming, sign repair, A,C. failures, litter removal, and catch basin cleanings, This is compared to ~ service order requests for the month of May. 2005. The Maintenance Crew has also put in 110 hours of overtime which includes standby time, special events and response to street emergencies, The total cost for Street Maintenance perfonned by Contractors for the month of June. 2005 was $71.545.00 compared to $63.371.00 for the month of May. 2005. Account No. 5402 Account No, 5401 Account No, 999-5402 $ 12,275,00 $ 59,270.00 $ -0- cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer (Traffic) Greg Butler, Senior Engineer (Capital Improvements) Amer Attar, Senior Engineer (Capital Improvements) Jerry Alegria, Senior Engineer (Land Development) R:\MAINT AtN\MOACTRPT\2004-2005\JUNE " ~ ~ ~ I ~ ~ ~ 2 ~ ~ m " ~ 3: ?;; ~ ." Z ~ .".... .... ;;;; ~ 3: o~ m ~o ~ -< m 0 I;!!::E ." ~O ." 1I.)::a :i 0" .... ~o 1') NO ::E 03: 0 0'" "'.... '" !!l " m '" o 'U'" " . c . "C a @" .3 ! a ~ III a ~ ':"> co a " Il. ~ " ~ '" '" 0 S2 ~ L o:r 5. '" <= b <=" ~ "" om z'" '.,'1 !;;.;. ~., 10"1 ,,"~ .... 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'" '" '" L 'l1 '" '" ~ '" ~ '" 0> 0 '" ~ '" '" '" '" '" '" '" 'l1 ~ ... 0> '" '" '" '" '" '" '" '" ~ ~ '" '" .~ '" co '" I :,. W~~W...... :.... U1 o~ o......tj :,. "0 Co", 00 c..n co ...... 12: c..n ...... cog '" 0':10......1'.)0..... c..n.t-. 0", 0...'" f\:lco 0 0 '-c m :G '" '" ~ '" '" ... -.:.. ~ '" '" '" '" ... '" co ~ 9 ~ 0> '" ~ .... ... '" '" 0> '" '" 0 c..n 1\.)........... I\) 0 '" .'" '" co '" ~ Co '".l:>.cn:...(o:r::,.......i\>......t.O o~ "'",'j;: '" "0 Coo> '" COI\)(XlO1...........COI\)W 0", Oco", "'og NO 00 L .....1\).....c..n.....(J1co.t>.co " f > z '" z ~ o Ii " " " ~ > z ,. " c ~ <= z m STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of June, 2005 DATE DESCRIPTION TOTAL COST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONJ'RACTOR: BECKER ENQINEERING Date: 06/15/05 VIA LOBO CHANNEL REPAIR DAMAGED FENCE AT ENTRANCE TO CHANNEL # 5401 TOTAL COST $ 6,800.00 Date: 06/14/05 WOLF STORE ROAD REPLACED SAFETY BARS TO CATCH BASINS # 5402 TOTAL COST $ 450.00 Date 06/15/05: HWY 79 SO, AT JEDEDIAH SMITH PLACE RIP-RAP AND SLURRY AROUND DAM- ROAD AGED RETENTION BOWL # 5401 TOTAL COST $ 11,500,00 Date: 06/13/05 BUTTERFIELD STAGE PARK REMOVE AND REPLACE DAMAGED FENCING AROUND CHANNEL # TOTAL COST $ 4,220.00 Date: 06/20/05 LOWER VALLEJO CHANNEL REMOVE SILT FROM CHANNEL; RE-SET AND PLACED RIP-RAP SLURRY AREA # 5401 TOTAL COST $ 36,750.00 Date: 06/24105 CITYWIDE A,C. SAW CUTTING FOR CITY PATCH TRUCK # 5402 TOTAL COST $ 6,825.00 CONTRACTOR: @N'E'SCOMMERCIAL.Ml;\YNAGEMENT Date: 06/05/05 CITYWIDE WEED ABATEMENT AND TRASH PICK-UP ALONG CITY R.O,W's # 5402 TOTAL COST $ 5,000.00 TOTAL COST ACCOUNT #5401 $ 59,270.00 TOTAL COST ACCOUNT #5402 $ 12,275.00 TOTAL COST ACCOUNT #99-5402 -0 - R:\MAINT AIN\MOACfRP1\2Q04-2005\JUNE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF JUNE, 2005 ~ ., ....\.- .~)~t s:<,h~,""0 ""'''~> / TOTAL DA'FE' L St~l~'E'!(,I}.JJl'WQRJl{ S.}f. . ' . . .., lIQNS 06/01105 SOLANA AT MARGARITA R&R A.C, 532 9 06/07105 SOLANA AT YNEZ A.c. OVERLAY 308 3 06108/05 YNEZ AT OVERLAND / 28964 FRONT STREET OVERLAY / R&R 210/109 6 06/09/05 CLUBHOUSE AT TOURNAMENT A,C. OVERLAY 875 4,5 06/14/05 OLYMPIC AT W AILEA A,C. OVERLAY 920 4,5 06/15/05 CLUBHOUSE AT CREEKSIDE A.c. OVERLAY 841 3,5 06/20/05 RAINBOW CANYON ROAD A.c. OVERLAY 250 2,5 06/28/05 5TH STREET A,C, OVERLAY 300 3 TOTAL S.F. OF REPAIRS 4.345 TOTAL TONS 36 R:\MAINTAINIWKCMPLm\ASPHAL T,RPR\04.05\JUNE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION 'CATCH BASIN MAINTENANCE MONTH OF JUNE, 2005 "" ""'<, ~ ". ,..... :c~ ':"~" "''''', , " .. .. 0~1!E I, "W(:ijRl~;!D.<1)JS:1i8r;EWJj)ID . ,.i. ,...............;.....::....... -:. ..; 06/13/05 CITYWIDE CLEANED & CHECKED 13 CATCH BASINS 06/14/05 AREA # 1 CLEANED & CHECKED II CATCH BASINS 06/16/05 CITYWIDE CLEANED & CHECKED 6 CATCH BASINS 06/27/05 CITYWIDE CLEANED & CHECKED 7 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED --B. R:\MAINTA1N\WKCMPLETD\CATCHBAS\04.05\JUNE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL ~i {;~> .,.;:ij;~ ..~";~rn' . < ""'~".. .,. Ji)AJPE ,..;:,.;:.. 06/01/05 VIA RIO TEMECUJLA AT A VENIDA DE MISSIONES REMOVED 2,930 S,F. OF GRAFFITI 06102/05 6TH STREET AT FRONT STREET REMOVED 4 S,F, OF GRAFFITI 06/02/05 CORTE ALGETE AT CORTE BENAVENTE REMOVED 6 S,F. OF GRAFFITI 06/06/05 NO, GENERAL KEARNEY AT DEER MEADOW REMOVED 75 S,F, OF GRAFFITI 06/06/05 NO, GENERAL KEARNEY AT BRIDGE REMOVED 51 S,F, OF GRAFFITI 06/06/05 32085 HWY, 79 SO, REMOVED 107 S,F. OF GRAFFITI - 06/06/05 31467 PIO PICO REMOVED 60 S,F, OF GRAFFITI 06/06/05 CALLE MEDUSA AT PEGGY SUE LANE REMOVED 300 S,F, OF GRAFFITI 06/07105 SANTA GERTRUDlS CREEK AT WINCHESTER REMOVED 560 S,F, OF GRAFFITI 06109/05 V AIL RANCH AT HARMONY REMOVED 214 S,F, OF GRAFFITI 06/10105 FELIX VALDEZ REMOVED 75 S,F, OF GRAFFITI 06/13/05 28464 FELIX VALDEZ REMOVED 136 S,F, OF GRAFFITI 061I3105 CITY PROPERTY ON PUJOL REMOVED 82 S,F, OF GRAFFITI 06/13105 MAIN STREET BRIDGE REMOVED 58 S,F, OF GRAFFITI 06/13/05 A VENIDA DE MISSIONES REMOVED 4 S,F, OF GRAFFITI 061I3/05 TARGET CENTER REMOVED 206 S,F. OF GRAFFITI 061I3105 MAIN STREET AT THEATER REMOVED 24 S,F, OF GRAFFITI 06/13/05 MAIN STREET HOTEL REMOVED 120 S,F. OF GRAFFITI 06/13/05 MARGARITA AT WINCHESTER REMOVED 17 S,F. OF GRAFFITI 06/14/05 5TH STREET AT OLD TOWN FRONT REMOVED 49 S,F, OF GRAFFITI 06/14/05 28464 FELIX VALDEZ REMOVED 82 S,F, OF GRAFFITI 06/14/05 PUJOL STREET REMOVED 65 S,F, OF GRAFFITI 06/15105 1-]5 AT BEST WESTERN REMOVED 299 S,F, OF GRAFFITI 06/16/05 4TH STREET AT OLD TOWN FRONT REMOVED 10 S,F, OF GRAFFITI 06/16/05 4TH STREET AT MERCEDES REMOVED 18 S,F, OF GRAFFITI MONTH OF JUNE, 2005 R:\MAlNTAIN\WKCMPLTDlGRAFFlTI\04.05\JUNE <"'~I~!fg.,(ri_';:~,.,;; ""~~~""''''''''' ,..... 06/17/05 RANCHO CALIFORNIA ROAD AT 1-15 NORTH REMOVED 30 S,F, OF GRAFFITI 06/20105 28464 FELIX VALDEZ REMOVED 280 S,F. OF GRAFFITI 06/20105 PUJOL AT MAIN STREET REMOVED 252 S,F, OF GRAFFITI 06/20/05 MAIN STREET BRIDGE REMOVED 284 S,F, OF GRAFFITI 06/20105 IMAGINATION WORKSHOP REMOVED 83 S,F. OF GRAFFITI 06/20/05 REDHA WK AT WOLF STORE REMOVED 8 S,F, OF GRAFFITI 06/20105 A VENIDA DE MISSIONES AT RIO TEMECULA REMOVED 6 S,F, OF GRAFFITI 06/20105 RAINBOW CANYON ROAD REMOVED 8 S,F, OF GRAFFITI 06/20105 GRANNY'S ATTIC REMOVED 404 S,F, OF GRAFFITI 06!2l/05 28464 FELIX VALDEZ REMOVED 213 S,F. OF GRAFFITI 06/21/05 28459 FRONT STREET REMOVED 32 S,F, OF GRAFFITI 06/2 1/05 REDHA WK AT HWY 79 SO, REMOVED 28 S,F, OF GRAFFITI 06!2l/05 TARGET CENTER REMOVED 178 S,F, OF GRAFFITI 06/2 1/05 SANTA GERTRUDIS AT WINCHESTER REMOVED 54 S,F, OF GRAFFITI 06/2 1/05 CHANNEL BEHIND MERCANTILE BUILDING REMOVED 1060 S,F, OF GRAFFITI 06!2l/05 GRANNY'S ATTIC REMOVED 98 S,F, OF GRAFFITI 06!2l/05 24864 FELIX VALDEZ REMOVED 30 S,F, OF GRAFFITI 06!2l/05 TIERRA VISTA REMOVED 24 S,F. OF GRAFFITI 06!2l/05 VIALEVANTAR REMOVED 10 S,F, OF GRAFFITI 06/21 105 PECHANGA P ARKW A Y AT CUPENO REMOVED 25 S,F, OF GRAFFITI 06/23/05 28690 MERCEDES REMOVED 250 S,F, OF GRAFFITI 06/27/05 28464 FELIX VALDEZ REMOVED 124 S,F, OF GRAFFITI 06/27/05 CAMINO PIEDRA ROJO REMOVED 125 S,F, OF GRAFFITI 06/27/05 40240 CALLE MEDUSA REMOVED 46 S,F. OF GRAFFITI 06/29/05 OLD TOWN REMOVED 70 S,F. OF GRAFFITI 06/29/05 WINCHESTER AT MURRIETA CREEK REMOVED 25 S,F. OF GRAFFITI 06/30105 TEMECULA CREEK REMOVED 670 S,F. OF GRAFFITI TOTAL S, F, GRAFFITI REMOVED 9.975 TOTAL LOCATIONS 52 R:\MAINTAIN\WKCMPLTDIGRAFFITI\04.05VUNE 1---- u I w c I > 0 Z I- U 0 l- ll. W tIl Cl Ii: ::l 0 <( > en oJ + ::l ..., w I- z en ::l ..., 0 ~ () ::E t cr II. <( cr <( ::E m w u. z <( ..., ~ << ~> ~O U~ ~~ ~~ ~~ ~s= ~~ O~ ~~ E-l~ ~ Ul() = o ~ o o o ." o o o CO o o o " o o o CD o o o It) o o o .... o o o C') o o o N -\OO\r-ON -NN-...qlt') '" ...l ..l < U ~ 1-<.... j>'l ..... ~ (l) ~ ~1il-" t;~]~~ O~ Z]~:-a ~~ ~6bP..S ~ 8 .... iU 0.. ....... =' (l) U 0 d:.l ...~~~<~.=;.=;<"'OZCl OV)lI')lrlOV) ONr---r-V")N ~<<i0Md\Ci r--N("f)OOlr) V) tnO\OOMO.q- v5NN'<:t~..nr--: .o<7~~VtVtf::A ... ...... " "" Cl) >. C ..D .... ..0 ..0 "':a~-" t;EllEE Cl);:J"'~l:>-'(l)>.5bBo~~ Oc-B~o..('jC-::lfrtlOQ) u~~::E..:::E..:;..:;..:",ozo o o o .... o ..I/') ...,0 ",0 ;..<'1 "'...... ..c >, ....." ...... oS .. 00 B ...... '" .sQ o ""'~ \O......-lrl\OV) lrlr--N 000 r- r-\O\O Vl 000\ (<")-~""';-NNo\ "'" ~~ <'" ~o 0'0 "'~ ~ ~ " " ~ ~ ~ ~ ~ , . ~ " """lrllrl ....Mr-- """~..r .... MM MM a:: l"l fA ..... o o ~.....:a .~-; ~UU ... ~... c 15....1515 c'"'-" t;EllEE g] ~R~~b~*-E ~ ~ ":;:&::E..:::E..:;..:;..:Jlozo CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF JUNE, 2005 DATE DATE WORK REC'D LOCXTION , REQUEST COMPLETED 06/01/05 YNEZ AT OVERLAND SINKHOLE IN A.C, 06/01105 06/01/05 30876 BARDMORE DRIVE TREE TRIMMING 06/01/05 06/01105 29820 CORTE FALDAS TREE PLANTING 06/01105 06/01105 44800 LINDA LOU RANCH ROAD TREE TRIMMING 06/0 1105 06/02/05 44766 CALLE BANUELOS DEBRIS PICK-UP 06/02/05 06/02/05 RANCO VISTA AT VIA TORENO SNS REPAIR 06/02/05 06/02/05 PECHANGA PARKWAY AT MUlRFIELD SNS REPAIR 06/02/05 06/02/05 PAISANO COURT AT TARA STREET SNS MISSING 06/02/05 06/02/05 29005 LAKE HOUSE ROAD NHWS INSTALL 06/02/05 06/02/05 30482 SPICA COURT TREE TRIMMING 06/02/05 06/03/05 31063 CORTE ALAMAR WATER LEAK 06/03/05 06/03/05 31737 CALLE REDONDELA SNS REPAIR 06/03/05 06/03/05 31250 INDIAN SUMMER ROAD SINKHOLE 06/03/05 06/03/05 43738 BUTTERNUT DRIVE BROKEN LIMB 06/03/05 06/06/05 40296 TANAGER DEBRIS PICK-UP 06/06/05 06/07/05 4TH STREET AT OLD TOWN FRONT CATCH BASIN CLEANING 06/07/05 06/07/05 LA SERENA ROAD AT MEADOWS PARKWAY DEBRIS PICK-UP 06/07/05 06/07/05 30375 DE PORTOLA DRAINAGE CONCERN 0607/05 06/08/05 28841 VALLEJO A VENUE SWEEPER CONCERN 06/08/05 06/09/05 MILKY WAY AT ASTEROID SWEEPER CONCERN 06/09/05 06/I 0/05 41126 CAMINO CORTO ROCKS ON SIDEWALK 06/I 0/05 06/10/05 OLD TOWN FRONT AT RANCHO CALIFORNIA ROAD HAZ MAT SPILL 06/I 0/05 06/10/05 30656 SOUTHERN CROSS SIDEWALK REQUESTED 06/10105 06/10/05 45344 TOURNAMENT LANE TREE TRIMMING 06/10/05 I 06/10/05 31002 SHABA CIRCLE SIDEWALK SINKING 06/10/05 R:\MA[NT A1N\WRKCOMPLTD\SORS\04.0SIJUNE , DATE I!)ATE WO~K REC'D ,LOCA'FION ,.. .. REQUEST COMPLETED 06/1 0/05 HOPACTONG AT ALEHZON SNS DOWN 06/1 0/05 06/13/04 MARGARITA AT WINCHESTER GRAFFITI 06/10/05 06/14/05 RANCHO CALIFORNIA ROAD AT JEFFERSON DEBRIS PICK-UP 06/14/05 06/14/05 30552 IRON BARK COURT CATCH BASIN CLEANING 06/14/05 06/14/05 27423 YNEZ ROAD GRAFFITI 06/14/05 06/15/05 31815 CORTE SAGUNTO TREE TRIMMING 06/15/05 06/16/05 KNOLL RIDGE DRIVE OIL SPILL 06/16/05 06/1 7/05 12676 TEMEKU DRIVE SIGHT DISTANCE CONCERN 06/17/05 06/17/05 40300 CALLE TORCIDA A.c. REPAIRS 06/17/05 06/20/05 31005 DULCE COURT TREE REMOVAL 06/20/05 06/20/05 BUTTERFIELD STAGE ROAD S/O RANCHO VISTA DEBRIS REMOVAL 06/20/05 06/20/05 44766 CALLE BANUELOS DEBRIS REMOVAL 06/20/05 06/20/05 45332 TOURNAMENT LANE STANDING WATER 06/20/05 06/21/05 TIERRA VISTA AT YNEZ DEBRIS REMOVAL 06/21/05 06/21/05 30135 MILANO DRIVE CLEAN STORM DRAIN 06/21/05 06/21/05 27180 RAINBOW CREEK DRIVE SKATEBOARD IN DRAIN 06/21/05 06/21/05 43232 BROOKW A Y DRIVE STANDING WATER 06/21/05 06/22/05 43978 EL LUCERO STANDING WATER 06/22/05 06/22/05 27180 RAINBOW CREEK DRIVE SKATEBOARD IN DRAIN 06/22/05 06/22/05 YNEZ AT TOWN CENTER TREE REMOVAL 06/22/05 06/22/05 MARGARITA AT OVERLAND HOLE IN SIDEWALK 06/22/05 06/23/05 43447 CORTE RIALTO S,N,S, MISSING 06/23/05 06/27/05 V AIL RANCH PAINT ON CAR 06/27/05 06/27/05 41227 COG HILL DRIVE WEEDS IN STREET 06/27/05 06/28/05 29294 PROVIDENCE CELL IN BASIN 06/28/05 06/28/05 42440 AGENA STREET DEAD TREE 06/28/05 06/30/05 42344 VIA CONSUELO WEED ABATEMENT 06/30/05 TOTAL SERVICE ORDER REQUESTS 52 R:IMAINT AIN\WRKCOMPLTD\SORS\04.0S\JUNE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF JUNE, 2005 '.' ,"".,., ':>' ...' 'i',~;5: 1.>/' ~ :. D~TE " ":','~:. '" l:"f"" !", 06/01/05 VIA RIO TEMECULA REPLACED W-57, uN" MARKER 06/01/05 AMARIT A AT VIA RAMI REPLACED W-I7 06/02/05 RANCHO CALIF, ROAD AT BUTTERFIELD STAGE REPLACED 5 DELINEATORS 06/03/05 PECHANGAPARKWAY AT TEMECULA CREEK REPLACED R-7 06/03/05 NICHOLAS AT WINCHESTER REPLACED 2 DELINEATORS 06/03/05 CITYWIDE REPAIRED 9 SIGNS 06/07/05 PUJOL AT 6TH STREET REPLACED S,N,S"R-I 06109/05 V AIL RANCH AT HARMONY REPLACED R-7,R-I-3 06/10/05 HOPACTONG AT ALEHZON REPLACED SNS 06/1 0/05 1 ST STREET AT OLD TOWN FRONT REPLACED W-31, uN" MARKER 06/14/05 DE PORTOLA AT BUTTERFIELD STAGE ROAD REPLACED W-74 06/14/05 BUTTERFIELD STAGE AT CROWNE HILL DRIVE REPLACED R-7 06/14105 JEFFERSON AT ENTERPRISE REPLACED R-7 06/15/05 A VENIDA DE MISSIONES AT RIO TEMECULA REPLACED W-57 06/15/05 V AIL RANCH AT CAMINO RUBANO REPLACED uN" MARKER 06/16/05 OVERLAND AT COSTCO REPLACED R-7, K MARKER 06/ I 6/05 MARGARITA AT WINN-CO FOODS REPLACED R-7, K MARKER, R-34 06/16/05 MARGARITA AT WINCHESTER REPLACED R-7, K-MARKER, DELINEATOR 06/17105 I ST STREET AT OLD TOWN FRONT STREET REPLACED uN" MARKER 06/22/05 SIB 1-15 OFF RAMP INSTALLED R-IQ-IIA 06/23/05 SPICA COURT AT SOUTHERN CROSS INSTALLED R-I 06/24/05 VIA EDUARDO INSTALLED R2-45 06/27/05 CAMINO PIEDRA ROJO REPLACED W-66, W-66-A R:\MAINTAIN\WKCMPLTD\SIGNS\04.0SVUNE " , , ~T>"\i""~i' < 'ycy .,. ""';"':.i'C"''''', "",';;' Wi'" It'...."'''t~1!r.~... J')l\'lJlE .....,. ......l.; .'. '.' . 'i...'. ,;~~..:(R!i>~~~d(lliY ..... 06/27/05 RANCHO CALIF, ROAD AT BUTTERFIELD STAGE REPLACED 5 DELINEATORS 06/28/05 RANCHO CALIFORNIA ROAD AT HOPE WAY REPLACED R-26S 06/28/05 TARA STREET AT PAISANO REPLACED S,N,S, 06/28/05 OLYMPIC WAY AT BRIDGEVIEW CIRCLE REPLACED SNS 06/28105 RANCHO CALIF, ROAD AT CHARDONNAY HILLS REPLACED 13 DELINEATORS 06/28/05 RANCHO CALIFORNIA ROAD AT MARGARITA REPLACED 1 DELINEATOR 06/28/05 RANCHO CALIFORNIA ROAD AT YUKON REPLACED R-26 06/28/05 WINCHESTER AT MARGARITA MEADOWS REPLACED R-7, "K" MARKER 06/29105 CITYWIDE REPAIRED 8 SIGNS 06/30/05 REDHA WK REPAIRED 18 SIGNS TOTAL SIGNS REPLACED ---22 TOTAL SIGNS INSTALLED ---1 TOTAL SIGNS REPAIRED 35 R,\MAINT AIN\WKCMPLTD\SIGNS\04.05\1UNE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF JUNE, 200S '.3~." ',' ..... >>'/.2'.' " . . .".',..h)~.. L.,.. L IDATE . .is/."/' I,.;;....;. .... " .' .~IDR'K.@ID:N1IBE,E!I'zElID i'"<({} >,\.", ....,\" _'_,; __<~___ 06/0 1105 AREA #2 REPAINTED 6,236 LF RED CURB 06/02/05 AREA #2 REPAINTED 5,842 LF RED CURB 06/06/05 YNEZ S/O SANTIAGO REPAINTED 28 LEGENDS 06/07/05 AREA #2 REPAINTED 4,262 LF RED CURB 06/08/05 AREA #2 REPAINTED 3,9 I 6 LF RD CURB 06/09/05 AREAS #2 & #3 REPAINTED 1,359 LEGENDS 06/09/05 AREA # 1 REPAINTED 14 LEGENDS 06/13/05 AREA # 1 REPAINTED 60 LEGENDS 06/14/05 AREAS # I AND #2 REPAINTED 32 LEGENDS 06/15/05 AREA #2 REPAINTED 30 LEGENDS 06/20/05 MAJOR ARTERIALS REPAINTED 61 LEGENDS 06/21/05 MAJOR ARTERIALS REPAINTED 48 LEGENDS 06/22/05 MAJOR ARTERIALS REPAINTED 47 LEGENDS 06/23/05 OLD TOWN AREA REPAINTED 226 LEGENDS 06/28/05 OLD TOWN AREA REPAINTED 59 LEGENDS 06/29/05 OLD TOWN AREA REPAINTED 63 LEGENDS TOTAL NEW & REPAINTED LEGENDS ~ NEW & REPAINTED RED CURB & STRIPING L.F. 21.615 R:\M:AINT AIN\WRKCOMPL TD\STRIPING\04.05\JUNE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF JUNE, 2005 <."'.\8:':..~ " <0' .,... ~ "",9'1'/ "~ ::c, ,.,1 I." "~ .. DA'llE ... ;U;,..:,> IDc, 06/29105 6TH STREET AT MERCEDES TRIMMED 2 R.O,W, TREES TOTAL R.O.W. TREES TRIMMED -1 R:\MAINTAIN\WRKCOMPLTD\TREES\04-0S\JUNE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT -OF -WAY WEED ABATEMENT MONTH OF JUNE, 2005 'J ." .;(;"'.'.r . , C7 cy '.. . .... l,' ;"i\. ':>>,....::,'. Ii)'~TE ; , . i ..... ,....../. .. ,... , ~/;ll!!M>>tJiimIiII~ 06/29/05 6TH STREET AT MERCEDES ABATED 180 S,F, R,O,W, WEEDS TOTAL S,F. R.O, W, WEEDS ABATED 180 R:\MAINTAIN\WKCOMPLTD\WEEDS\04.05\JUNE DOCUMENTS SUBMITTED FOR THE RECORD 03.07/ 17-26-05 July 21, 2005 Temecula City Council RECEIVED 43200 Business Park Drive Temecula CA 92590 JUL 2 5 2005 Subject: PA04-0390 Vinyard View Estates LLC CITY CLERKS DEPT. Dear Temecula City Council, We are residents on Cercle Chambertin. Our property will back up to the Vinyard View Estates development that you are looking to re-zone. Our property is actually the closest lot on the street to the proposed development. We will be less than 30 yards away from one of the lots. Even more of a concern is the fact that the Vineyard View Estates property actually is at a higher elevation than our lot. The new home will look directly down into our two- story home. Before we purchased our home seven years ago from the Lennar Corporation,we researched the vacant property that would be behind our home. Since our particular property location sits the closest to the potential development,we were very concerned about the fact that the lot behind us actually sits above our lot and would look down directly into our home. We were assured that the lot would be graded down to an elevation equivalent to our lot and due to the small density of the development(fourteen custom homes),the home would not be invading our privacy. With those assurances,we purchased the home. Unfortunately, instead of fourteen custom homes on one-acre lots, Mr. Younis wants to develop over 40 homes on lots as small as 7,000 sq. ft. This is an increase in density of over 35%! The amount of traffic and noise from 14 homes is nothing in comparison to that of 40 homes! The city of Temecula has allowed and is continuing to allow unrestrained growth. The infrastructure of this city cannot handle one more development where the density is increased beyond what it was originally intended for. A number of months ago, some of the residents concerned with this project met with Mr. Youths. He made concessions to some of the homeowners (ie: Agreed to a greenbelt behind the house at the top of Cercle Chambertin). However, when we asked for him to grade the lot down behind our property to the same elevation as our home, we were told that"their dirt cost more than our house", and that they were unwilling to grade at all. Obviously, his 18+acres of land are worth more than our 11,000 sq. ft. lot, we understand that. However, we purchased our home and designed our backyard landscape with the understanding that we would not have a house situated above us looking down into our house and yard. It is interesting to note that when Mr. Younis was the developer of record for the proposed church on the same piece of property,he was willing to lower the lot by thirteen feet!! Yet,he cannot lower the lot at all now? We are not a developer with millions of dollars,we are Temecula residents that pay property taxes, shop and spend money in this city. It has been extremely distressing to us that the City Council would approve a plan that would not look into the best interests of the current city residents and taxpayers. We are appealing to you,the City Council to look out for us,the Temecula city homeowners. Isn't that what you are in office to do? We urge you strongly do not approve this plan to reduce the density of this property. Do not approve the Vinyard View Estates. • Thank you for your time and consideration, Sincerely, Daniel A. & Sheri A. Morgan , • Notice of Public Hearing THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s)described below. Case No: PA04-0390 Margarita Village Specific Plan Amendment and PA04-0392 Vinyard View Estates Tentative Tract Map No. 23103-2 Applicant: Vinyard View Estates LLC, Marwan Younis Location: Northwest corner of Butterfield Stage Road and Chemin Clinet Proposal: The proposed project includes a Specific Plan Amendment to Planning Areas 7 and 9 of the Margarita Village Specific Plan (text and map-PA04-0390) and Tentative Tract Map No. 23103-2(PA04-0392).The project area includes 18.32 acres that is currently undeveloped. The Specific Plan Amendment is a request to amend the zoning designation from L-1 (one acre minimum)to Low Medium (7,200 square feet minimum)in Planning Area 7,and from L- 1 to L-2(20,000 SF min.) in Planning Area 9. The proposed Specific Plan amendment also includes a request to change the land use designation in the Margarita Village Specific Plan from Low Density to Medium Density in Planning Area 7. No specific plan land use change is proposed for Planning Area 9. The Tentative Tract Map (No. 23103-2) is a request to subdivide 18.3 acres into 40 parcels, including 37 residential lots and 3 open space lots (Planning Area 7A—29 res. lots and Planning Area 9A—8 res. lots). Environmental Action: Mitigated Negative Declaration Any person may submit written comments to the City Council before the hearing(s)or may appear and be heard in support of or opposition to the approval of the project(s)at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department,43200 Business Park Drive, Monday through Friday from 8:00 AM until 5:00 PM. Questions concerning the project(s) may be addressed to Emery Papp, Senior Planner, City of Temecula Planning Department, (951) 694-6400. PLACE OF HEARING City Council Chambers 43200 Business Park Drive Temecula, California DATE OF HEARING July 26, 2005 TIME OF HEARING 7:00 PM � �� W.a�y.i1�ar. ta►. i* *Ti // I�i �Ai1 ❑ SHAW 4.4:4 itt11.11110416 4 111/ :��IP %.'gni► co 01"041 r 11 etc 41:iii ge 1.1,„i 4.AmT4....0 4 m ilie 13, ,l ;I►2'j PROJECT sitt6 pi m t< %' ��Awl SITE .; 4,1 iii r/\ O s4:.„„,„ . t I 11511`.:0'4...1 124." 4' `, 0 \, . .i1% ,minifft�•11M111i l .14.40'��ig* AA • • I CA) •,i7. a A 'wag .1111111/4q �I� �,�ip Illrir- ♦�4 C :moi i i�' ,,,ft* giliaAls ��• AVOlOveAS‘e$ Public Hearings/532 Nr,.14, I'=t•o•x,��� ;Il'I►�-j iht 4 0 :o 0����� DOCUMENTS SUBMITTED FOR THE RECORD ect 7/24/ iM CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME, l / (Printed) ADDRESS SIGN URE TEL.NO.(Optiona Tl i m cayinvs.vo _ _i , ..c.-///.,? CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURETEL. NO.(Optional) / / `' CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen (14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO. (Optional) E ,47/- 2 C/9 - . 1 CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME Printed - ADDRESS SIGNATURE TEL. NO.(Optional) { / 0/// CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME (Printed) ADDRESS SIGNATURE TEL. NO.(Optional) I 4 WYA5v1 1 CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. [NAME(Printed) jADDRESS SIGNATURE TEL.NO.(Optional) leo 6 -,t' ANDE,e5O N CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. - NAME(Printed) I ADDRESS SIGNATURE TEL.NO.(Optional) 31 \t M Q9-34-)C-c-- CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS ,TUR TEL. NO.(Optional) 2 Lely L) ;h1�e h ' ,.�► 1 2/I 7 2 CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURETEL. NO.(Optional) or)-1 �G�"eJ CHARDONNAY HILLS PETITION ? � l We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional) (4" j ii �t. r' IGir S '- cJ O I/0 et,,°MN) CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional)_ m0/711 / 't/// MI -- --J CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional) �jalne, Vanhee' ,// P-,/,/ 2__, CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen (14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNAT RE TEL. NO.(Optional) /kre-5g- 544e CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAMjPrinted) ADDRESS SIG AT E / TEL. NO.(Optional) Pt41 lk4(“ . //e) CHARDONNAY HILLS PETITION We,the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional) M Bey M. d.0Ivuo,e . CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional) • ' y/J CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed ADDRESS SIG ATURE / TEL. NO.(Optional) / ,/ ,`• ; CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIG ,,•T URE I F/f L.NO. O Iona) 'API A: A 4 .11 • A (lar C. ' OSS / . • { ih .21,y/,^ CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE 1 TEL.NO.(Optional) Lv ra C€,-tc.hez_ ) ( , __ - - CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL.NO.(Optional) KIASUlarje55 .79/2_? CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO. (Optional) 0-61e-e-tk `�� CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(PrintedL ADDRESS SIGNATURE TEL.NO.(Optional) f`F r/7 E Rim CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen (14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME PriPrinted ( ) ADDRESS SIGNATURE- —I 1 TEL. NO. (Optional) I -..2ee CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional) ' . ) . .:• U‘•, Ili � // / ' / , , „ • ,,, , -. -- 1 CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO.(Optional) 1 V "( . �1 ':- / `e /6/i 2_, CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO. O•tional) x'h,� �t c zoo fag /6 / CHARDONNAY HILLS PETITION ii0)3 We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME Prin--d ADDRESS SIGNATURE TEL. NO.(Optional) _ -_ yI ( CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL.NO. (Optional) —1 h n� 16 5‘\,&- r�5,e,vv,, i e aa C4`1 -57( S CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAMPrinted) e�d) ADDRESS �/ - / iy9 CHARDONNAY HILLS PETITION We, the undersigned, strongly oppose any development other than the fourteen(14) large custom single family lots that were originally proposed and zoned for the area behind the current recreational area at the end of the existing Butterfield Stage Road and as defined in the approved developmental plans of Chardonnay Hills. We respectifully request that the Planning Comission and the City Council maintain the existing zoning and land use designation for this area. NAME(Printed) ADDRESS SIGNATURE TEL. NO j9ptional) 4/er� " GH /�� _ /11A daihr„(