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HomeMy WebLinkAbout021291 CC AgendaA OENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA TEMPORARY COMMUNITY CENTER- 27475 COMMERCE CENTER DRIVE FEBRUARY 12, 1991 - 7:00 PM Next in Order: Ordinance: No. 90-08 Resolution: No. 90-19 CALL TO ORDER: Invocation Pastor Tim Riter, Rancho Community Church Flag Salute Councilmember Lindemans ROLL CALL: Birdsall, Linderoans, Moore, Mu~oz, Parks PRESENTATION$/ PROCLAMATION$ Proclaiming the Month of February "PTA Month" PUBLIC FORUM At the regular meeting held on the second Tuesday of each month, the City Council will devote a period of time (not to exceed 30 minutes) for the purpose of providing the public an opportunity to discuss topics of interest with the Council. The members of the City Council will respond to questions and may give direction to City Staff. The Council is prohibited, by the provisions of the Brown Act, from taking any official action on any matter which is not on the agenda. If you wish to address the Council during the Public Forum portion of the agenda, please fill out a pink "Request to Speak" form and file it with the City Clerk prior to the meeting. For all other agenda items a "Request To Speak" form must be filed with the City Clerk before, the Council gets to that item. There is a five (5) minute time limit for individual speakers. NO TICE 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. 21agenda/021291 I 02/O7/~1 CONSENT CALENDAR (ITEMS 1-11) Standard Ordinance Adoorion Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of January 29, 1991 as mailed. 3 Resolution ADDroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. 4 Second Reading of Ordinance Amending City Clerk ADDointin(~ Authority RECOMMENDATION: 4.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.08.061(b), ADDING SECTION 2.08.061, AND AMENDING SECTION 2. 10.020 OF THE TEMCULA MUNICIPAL CODE RELA TING TO THE APPOINTMENT OF THE CITY CLERK 21egem:la/0212B 1 2 02/07/91 5 Second Readinq of Ordinance Amending Zonina MaD in the Chanae of Zone ADr)lication Contained in Development Permit No. 5535. RECOMMENDATION: 5.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5535 CHANGING THE ZONE FROM R-A-5, RESIDENTIAL AGRICULTURAL, 5 ACRE MINIMUM TO R-5, OPEN AREA COMBINING ZONE ON 10.2 ACRES IN TWO PORTIONS OF PARCEL 926-760-001 FROM R-A-5 AND 4-A-2 1/2; RESIDENTIAL AGRICULTURAL TO R-1, SINGLE FAMILY RESIDENTIAL, ON APPROXIMA TEL Y 5 ACRES IN PORTIONS OF PARCELS 926-750-001 AND 003; FROM R-l, SINGLE FAMILY RESIDENTIAL TO R-5, OPEN AREA COMBINING ZONE, ON 6.4 ACRES IN PORTIONS OF PARCELS 926-760-001 AND 004, AND A PORTION OF PARCEL 926-770-002; AND FROM R-1, SINGLE FAMILY RESIDENTIAL, TO R~4~5000 AND R~6000, PLANNED RESIDENTIAL, MINIMUM LOT SIZES 5,000 AND 6,000 SQUARE FEET RESPECTIVEL Y, IN PORTIONS OF PARCELS 926-760-004 AND 005, ALL OF PARCEL 926-770-002 AND A PORTION OF PARCEL 926-770-003. Old Town Temecula Museum Foundation Lease for Pror)ertv Located at Sam Hicks Monument Park. RECOMMENDATION: 6.1 Authorize the Mayor to execute the lease between the Old Town Temecula Museum Foundation and the City of Temecula. 7 Final Parcel Mar) No. 23624 A subdivision of 36.57 acres into three (3) parcels located at Rancho California Road west of Ynez Road. RECOMMENDATION: 7.1 Approve Final Parcel Map No. 23634 subject to the Conditions of Approval. 2,/agenda/021201 ,3 02/07/9 Final Parcel MaD No. 23969 A four (4) lot industrial park subdivision of 21.56 acres located on 21.56 acres at Ridge Park Drive, south of Rancho California Road. RECOMMENDATION: 8.1 Approve Final Parcel Map No. 23969 subject to the conditions of Approval. 9 Resolution Authorizing Household Hazardous Waste Grant ADDlication RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL TEMECULA AUTHORIZING A WASTES GRANT APPLICATION OF THE CITY OF HOUSEHOLD HAZARDOUS 10 Support For The Temecula Valley High School Earth Club - Paper RecvclinQ Program RECOMMENDATION: 10.1 Authorize the City Manager to send a letter to the Earth Club accepting their offer to pick up and. recycle all City Hall white, colored and computer program and newsprint. 11 Great Temecula Rod Run RECOMMENDATION: 11.1 Approve the temporary road closure of Front Street between Sixth and Second Streets on February 24, 1991 and approve issuance of a Temporary Outdoor Event Permit to the Temecula Town Association. 2/agenda/0212g I 4 02/07/91 PUBLIC HEARINGS 12 Adoorion of a Modification to the Citv Building Codes bv Adding a Chaoter for the Mitigation of Unreinforced Masonry Buildin(~s RECOMMENDATION: 12.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 90-04 PER TAINING TO THE 'UNIFORM BUILDING CODE" OF THE CODE OF THE CITY OF TEMECULA BY THE ADDITION OF SECTION 4-K, WHICH MODIFIES THE 1988 EDITION OF THE UNIFORM BUILDING CODE, AS ADOPTED BY SAID CITY, BYADDING CHAPTER 71, FOR THE PURPOSES OF THE IDENTIFICATION OF SEISMIC HAZARDS AND THE MITIGATiON THEREOF AS REQUIRED BY GO VERNMENT CODE 8875 ET SEQ. CSD MEETING - (To be held at ~00 PM) Please see separa~ agenda COUNCIL BUSINESS 13 Community Development Block Grant Funds - Public Input RECOMMENDATION: 13.1 Invite input and proposals from the community for projects to be submitted for Community Development Block Grant funds. 14 City Council/City Manager Strategic Planning Workshop RECOMMENDATION: 14.1 Approve the expenditure of funds necessry to conduct a strategic planning workshop and authorize the City Manager to arrange for accommodations and other necessary facilities. 2/a~ende/0212~ 1 $ O2/07/91 15 Community Facilities District 88-12 Sales Tax Aqreement 16 Continued from the meeting of January 29, 1991 RECOMMENDATION: 15.1 Approve the agreement entitled "Agreement Regarding sales Tax Revenues as to Businesses Located Within the Boundaries of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California", in substantially the form attached hereto with such changes as approved by the City Manager and City Attorney; and authorize the execution and attestation of such agreements in the final form by the Mayor and City Clerk CFD 88-12 Joint Financing AQreements Continued from the meeting of January 29, 1991 RECOMMENDATION: 16.1 Approve the Joint Financing Agreement by and between the City and CFD No. 8-12. 16.2 Approve the Joint Financing Agreement by and among the City, CFD No. 88-12, Eastern Municipal Water District and Tomond Property. 16.3 Approve the Joint Financing Agreement by and between the City of Temecula and Tomond Property. 16.4 Approve all three agreements in substantially the forms attached hereto with such changes and modifications as approved by the City Manager and the City Attorney; and authorize the execution and attestation of such agreements in their final forms by the Mayor and City Clerk. 17 Amendment to Disaster Relief Ordinance RECOMMENDATION: 17.1 Introduce and read by title only the first reading of an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.20, 'DISASTER RELIEF,' OF TEMECULA MUNICIPAL CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES THEREOF, AND AMENDING DEFINITIONS AND PENAL TIES. 21~ee~:la/021291 6 02/07/~1 CITY MANAOER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: February 26, 1991,7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California 2/igemli/0212~B 1 7 02/07/gl City of Temecula Proclamation WltEREAS, it has long been recognized that parent involvement in a child's education is one of the most powerful factors for success in school; and WHEREAS, the California Legislature has enacted a law that effective January 1, 1991, all school district governing boards will be required to adopt a policy of parent involvement; and WItEREAS, the Parent-Teacher-Association since 1897 have encouraged parents to be involved in public schools and for almost One Hundred years the PTA has continuously promoted legislation and programs to benefit children; and WltEREAS, President Bush has stated that 'membership in the PTA gives our children a sense of security and continuity, and ... demonstrates our commitment to the education and welfare of our nation's youth, and WHEREAS, parent volunteers not only promote excellence in our schools but also reflect our investment in the future of our community, and WHEREAS, since beginning with the organization of the Vail PTA in 1984, the Temecula area schools have organized PTA units in every school, and have formed a District- wide PTA Council contributing resources and countless volunteer hours to form a key element of quality education in our school district. NOW THEREFORE BE IT RESOLVED, that I Ronald J. Parks, Mayor of the City of Temecula hereby proclaim the month of February: PTA MONTH IN WITNESS WltF~tF_,OF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 12th day of February, 1991. Ronald J. Parks, Mayor June S. Greek, City Clerk ITEM NO. I ITEM NO. 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JANUARY 29. 1991 A regular meeting of the Temecula City Council was called to order at 7:02 PM at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu5oz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and Deputy City Clerk June S. Greek. INVOCA T/ON The invocation was given by Pastor Sean Oliver, Rancho Christian Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Mu~oz. PRESENTATIONS/ PROCLAMATIONS None given. PUBLIC COMMENTS None given. CONSENT CALENDAR Mayor Parks announced he would be abstaining from Items 3 and 4. Hinutes\01\29\91 -1- 02/04/91 City Council Minutes January 29, 1991 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve Consent Calendar Items 1-4, with Mayor Parks abstaining from Items 3 and 4. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of January 15, 1991 as mailed. Second Reading7 of Ordinance Amending7 Portions of Ordinance 90-04 pertaining7 to Development Standards in I-P (Industrial Park) Zone 3.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 90-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO DEVELOPMENT STANDARDS IN THE I-P ZONE (INDUSTRIAL PARK) The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: 0 ABSENT: 0 ABSTAIN: 1 Mu~oz None None Parks Hinutes\01\29\91 -2- 02/04/91 City Council Minutes January 29. 1991 4. Second Reading of Ordinance Approving Change of Zone No. 7 to Increase the Maximum Height Permitted for Building in the I-P Zone to 105 Feet 4.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 7 TO AMEND ORDINANCE NO. 348, SECTION 10.4(B), TO INCREASE THE MAXIMUM HEIGHT PERMITTED FOR BUILDINGS AND/OR STRUCTURES, WITHIN THE I-P (INDUSTRIAL PARK) ZONE, TO 105 FEET The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mufioz Lindemans, Moore, NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Parks PUBLIC HEARINGS 5. Revised Vesting Tentative Tract 23143. Change of Zone No. 5535 Mayor Parks announced this public hearing was continued from the meeting of January 22, 1991 and therefore did not need to be reopened. Gary Thornhill, Director of Planning, introduced the staff report. Mayor Parks asked if the reduced street lighting requested by Pauba Ranchos Property Owners' Association would be a liability to the City. Doug Stewart, Deputy City Engineer, stated Ordinance 461 has been adopted by the City and regulates the distance at which street lights must be placed and any adjustment requires a variance. Hinutes\01\29\91 -$- City Council Minutes January 29. 1991 Earnie Eager, 27447 Enterprise Circle West, representing the applicant stated he concurs with additional conditions and requested that the City Council approve staff recommendation. Mayor Parks stated Council had received a letter from the Pauba Ranchos Property Owners' Association and presented it to the City Clerk to become part of the official record. Mayor Parks closed the public hearing at 7:25 PM. City Attorney Field stated that there are several references to the Planning Commission in the proposed resolution that need to be changed to City Council. He also stated that this resolution needs to take effect concurrent with the ordinance and therefore added Section 4, on Page 16 of Resolution No. 91-16, stating "This resolution shall not take effect until the effective date of Ordinance No. 91-05". It was moved by Councilmember Moore, seconded by Councilmember Birdsall to adopt a resolution with the correction changing "Planning Commission" to "City Council" on Pages 11, 13, and 15 and adding Section 4 dealing with the effective date: RESOLUTION NO. 91-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPRO VAL OF REVISED VES TING TENTATIVE TRA C T MAP NO. 23143 AMENDED NO. 4 AND CHANGE OF ZONE NO. 5535 TO SUBDIVIDE A 459 ACRE PARCEL INTO 1,026 SINGLE FAMILY RESIDENTIAL L 0 TS AND 68 OPEN SPA CE L 0 TS L OCA TED SOUTH OF PAUBA ROAD AND EAST OF BUTTERFIELD STAGE ROAD AND KNOWN A S ASSESSOR'S PARCEL NOS. 926- 760-001 THROUGH O05AND 926- 770-001 THROUGH 003. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Hinutes\01\29\91 -4- 0Z/04/91 City Council Minutes January 29, 1991 It was moved by Councilmember Birdsall, seconded by Councilmember Moore to introduce and read by title only an ordinance entitled: ORDINANCE NO. 91-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5535 CHANGING THE ZONE FROM R-A-5, RESIDENTIAL AGRICULTURAL, 5 ACRE MINIMUM TO 4-5, OPEN AREA COMBINING ZONE ONE 10.2 ACRES IN TWO PORTIONS OF PARCEL 926-760-001 FROM R-A-5 AND 4-A-2 1/2, RESIDENTIAL AGRICULTURAL TO R-1, SINGLE FAMILY RESIDENTIAL, ON APPROXIMATELY 5 ACRES IN PORTIONS OF PARCELS 926-750-001 AND 003, FROM r-l, SINGLE FAMILY RESIDENTIAL TO R-5, OPEN AREA COMBINING ZONE, ON 6.4 ACRES IN PORTIONS OF PARCELS 99026-760-001 AND 004,' AND A PORTION OF PARCEL 926-770-002, AND FROM R- 1, SINGLE FAMILY RESIDENTIAL, TO R-4-5000 AND R-4-6000, PLANNED RESIDENTIAL, MINIMUM LOT SIZES 5,000 AND 5,000 SQUARE FEET RESPECTIVEL Y, IN PORTIONS OF PARCELS 926-760-004 AND 005, ALL OF PARCEL 926-770-002 AND A PORTION OF PARCEL 926-770-003. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Moore, seconded by Councilmember Birdsall to approve a waiver of the requirements of Ordinance 460, Section 3.8(c) for those lots with depth greater than 2.5 times the lot width. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes\01\29\91 -5- 02/04/91 City Council Minutes January 29, 1991 COUNCIL BUSINESS Vendor Selection and Improvement and Vacating Budgets for City Hall Joe Hreha, Manager of Information Services, introduced the staff report. Elizabeth B. Haskett, 103 N. Highway 101, Ste 102, Encinitas, representing BKM, asked that the Council reconsider staff recommendation and approve a contract with BKM to provide Systems Furniture and Chairs for the City of Temecula. John Shideler, 7738 Lucia Court, Carlsbad, representing BKM (Steelcase), stated Steelcase is 100% American-made and asked the Council to choose Steelcase as its System Furniture. Rusty Buck, 28455 Front Street, stated he is a local employee of BKM and asked that Council support his company as the City's choice for system furniture. Chris Kuljis, 39717 Kilkare, Murrieta, spoke in opposition to staff recommendation and asked that the Council support BKM. Alan Basiliere, 30965 Ave Buena Suerte, spoke in opposition to staff recommendation and asked that the Council support BKM. Reggie Zeal, 24314 Lenox Lane, Murrieta, spoke in opposition to staff recommendation and asked that the Council support BKM. Bill Kuhnert, 3412 Cameo Drive, L-18, Osipe, representing BKM-Steelcase, asked the Council reverse staff recommendation based on four points; comparable price, quality of product, local company, American-made product. Janet Shannon, 2027 Harpers Way, Torrance, representing Systems Source (Harpers), stated the quality of Harpers Furniture is equal in quality to Steelcase Furniture and is also a local company with many employees in this area. She asked the Council to support staff recommendation and approve the lowest responsible bid for systems furniture. Rosemarie McClure, 3955 Birch, Ste 101, Newport Beach, representing Systems Source, asked that the Council support staff recommendation. Hinutes\01\Zg\91 -6- 0Z/04/91 City Council Minutes January 29, 1991 It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to authorize the City Manager to contract with Systems Source for All Furniture (except seating) and BKM (seating only). The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Lindemans, seconded by Councilmember Moore to authorize the City Manager to contract with the recommended vendors and administer the budgets for Telephone System, Security System, Computer Network, Moving/Cleaning and Audio/Visual Equipment, in connection with the improvements in the new City Hall and vacating portions of old City Hall as listed in the staff report. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks called a recess at 8:20 PM. The meeting was reconvened at 8:43 PM. 7. Community Services Funding Requests Mary Jane Henry, Chief Finance Officer, introduced the staff report. She announced that she met with representatives from TEAM, Inc. and they are preparing the financial statement to qualify for funding. This matter will be brought back on a future agenda for consideration. Councilmember Mu5oz asked that the Senior Center be ear-marked for funding when their application is received. Hi nutes\01\29\91 - 7- 02/04/91 City Council Minutes January 29, 1991 Councilmember Birdsall asked that an additional $7,500 be added for the Temecula Playhouse. Mayor Parks asked that the criteria for funding be discussed. City Manager Dixon suggested that the criteria used for United Way Funding be obtained and used as a guideline for the City. Councilmember Birdsall requested that staff get a copy of the United Way criteria as well as other organizations and bring this issue back at a later date. Jan Faison, 40088 Adian Court, representing the Cancer Patient Advocate Foundation, requested that more programs that offer life improvement assistance be considered for future funding. Reverend Hack Wilkerson, Assistant Pastor, 30506 Colina Verde, asked that the request of TEAM, Inc. (The Pantry) be favorably considered because this organization feeds many hungry people in Temecula. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to make revisions to the criteria for evaluating funding applications, place on the agenda for Council review within the next 45 days and approve staff recommendations as follows: Approve additional funding for Temecula Playhouse in the amount of $7,500. Approve a loan of $10,000 to the Boys and Girls Club of Temecula for the purpose of providing a facility for youth activities. Approve an appropriation of $50,000 for Economic Development to be administered by the City Manager with a report to Council in the next 30 days. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None M~nutes\O1\g9\91 -8- 02/04/91 City Council Minutes January 29, 1991 Mayor Parks asked that along with the Pantry and the Senior Center, the Cancer Patient Advocate Foundation be reconsidered. City Clerk Reclassification City Manager Dixon introduced the staff report. Councilmember Mu~oz expressed opposition based on the state of the current economy and the proposed salary level. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve staff recommendations 8.2 and 8.3 as follows: 8.2 8.3 The motion was carried by the following vote: Adopt a resolution entitled: RESOLUTION NO. 91-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES Approve reclassification of Deputy City Clerk to City Clerk. AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks Mu~oz None COUNCILMEMBERS: COUNCILMEMBERS: NOES: 1 ABSENT: 0 It was moved by Councilmember Birdsall, seconded by Lindemans to adopt staff recommendation 8.1 as follows: 8.1 Councilmember Introduce and read by title only an ordinance entitled: ORDINANCE NO. 91-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.08. 061(b), ADDING SECTION 2. 08. 061, AND AMENDING SECTION 2. 10.020 OF THE TEMECULA MUNICIPAL CODE RELA TING TO THE APPOINTMENT OF THE CITY CLERK Hinutes\01\29\91 -9- 0Z/04/91 10. The motion was carried by the following vote: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Parks Mu5oz None Modifications to Public Safety Department Budget Rick Sayre, Chief of Police, introduced the staff report. It was moved by Councilmember Birdsall, seconded by Lindemarts to: 9.1 Approve the following increases in Police Staff: · Two Traffic Officers · One K-9 Officer · One Community Service Officer 9.2 9.3 9.4 Lindemans, Moore, Councilmember 3/01/91 3/01/91 2/01/91 Approve the purchase of two fully equipped Police motorcycles. Approve the purchase of a sided tandem axle trailer. Approve reclassification of two Office Assistant II to Office Assistant III positions. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu5oz, Parks NOES: 0 ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: None I$$ue$ of Water Conservation, Detention/Retention and Flood Control Councilmember Mu~oz gave a presentation on methods of water conservation, detention/retention. James Marpie, 19290 St. Gallen Way, Murrieta, stated the City of Fresno has built recharge and retention basins throughout the City and has issued an open Minutes\01\08\91 -10- 02/04/91 City Council Minutes January 8, 1991 invitation to any City who would like a tour of their facilities. He stated the largest polluter of ground water is urban run-off, and requested something be done to address this problem before it is mandated by the EPA. Councilmember Lindemans suggested assigning this to staff to create a committee and bring this back before the Council at a later date. City Manager Dixon suggested having a joint meeting with Flood Control, EPA, DWR, Fish and Game, two members of the Council and staff, to discuss this issue and bring back recommendations. It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to refer this matter to staff to bring back a report in 60 days. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Lindemans, seconded by Councilmember Moore to extend the meeting until 10:30 PM. The motion was unanimously carried. 1 1. Consideration of Bus Shelters - Temecula Valley Transportation Co. City Manager Dixon introduced the staff report, explained the possibility of an inconsistency with the City's sign ordinance, questions on location of bus shelters, the encroachment permit process and suggested referring this matter to a combined meeting of the Planning Commission and Traffic Commission. Councilmember Mu5oz asked for an explanation of the possible conflict with the sign ordinance. City Attorney Field explained that Bus Shelter Signs are "off-site" signs which advertise other services and the City's "Billboard Moratorium" Ordinance prohibits off site signs. He stated there are apparent differences between these shelters and billboards, however this should be considered. Mayor Parks asked if the applicant has been approved by UMPTAH yet. City Manager Dixon explained that he has not received a grant approval nor has he received authorization by the City to execute same. Minutes\01\08\91 -11- 02/04/91 City Council Minutes January 8, 1991 Councilmember Mu5oz stated that the applicant would like to begin a limited service before the grant is obtained. Tom Mindiola, 45644 Masters Drive, asked that the City give its support for a badly needed service in this community. He stated an agreement could be signed releasing the City from liability. Delores McDaniels, 599 Park View Drive, Lake Elsinore, asked for the City's support of this program, stating many cities have bus shelter programs. She stated each bus shelter would be approved by the City Manager and the City Attorney, giving the City good control over location. She asked that the City go forward with this program allowing Mr. Mindiola to begin to generate revenue to support this bus system. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to extend the meeting until 11:00 PM. The motion was unanimously carried. Sydney Vernon, 30268 Mersey Court, spoke in opposition to staff recommendation to refer this to a joint meeting, asking that this project be expedited to provide a badly needed service in this community. Mayor Parks stated he would be in favor of moving this project forward however he was concerned about superseding the sign ordinance and would like to examine this further. He said that there should be a franchise fee or some control of the bus shelters by way of an agreement so that if the transit system fails, a fee should be paid for the bus shelter advertising. He stated he felt a working plan needed to be developed and suggested referring this to staff for two or three weeks with a report to council. Councilmember Mu~oz stated that bus services cannot exist without subsidy, such as a bus shelter system, however he would be in favor of a condition whereby these funds must be used for transportation purposes. It was moved by Councilmember Mu~oz, seconded by Councilmember Linderoans to refer this matter to staff with direction to work with the applicant to address the concerns expressed by the Council and to place on the Council agenda of February 26, 1991 for further consideration. #inures\01\08\91 -12- 02/04/91 City Council Minutes The motion was carried by the following vote: AYES: 5 NOES: ABSENT: COUNCILMEMBERS: Birdsall, Mu5oz, Parks 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None January 8, 1991 Lindemarts, Moore, City Attorney Field announced that he would discuss Items 12 and 13 concurrently. City Attorney Field reported Items 13 and 14 have been delayed due to a Riverside County requirement that in addition to the normal reserves set aside to cover defaults, any land owner who owns 30% or more of the property within the district must post a letter of credit, equivalent to the amount of the special tax, on their properties for two years. He stated Bedford Properties owns over 70% of the property, and at this time has not posted such a letter of credit. Mr. Field explained that this matter was considered by the County Debt Advisory Committee, who recommended the bond issuance be rejected. Notice has been received that this will not be placed on the Board of Supervisors Agenda until such a letter of credit is posted. It was moved by Councilmember Mu5oz, seconded by Councilmember Lindemans to continue Items 12 and 13 to the meeting of February 12, 1991. 12. Community Facilities District 88-12 (Ynez Corridor) Sales Tax Agreement 13. Community Facz?ities District No. 88-12 (Ynez Corridor) - Approval of Three Joint Financing Agreements The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: ABSENT: 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Minutes\01\08\91 -13- 02/04/91 City Council Minutes January 8, 1991 CITY MANAGER REPORT None given. CITY ATTORNEY REPORT None given. CITY COUNCIL REPORTS None given. ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Councilmember Moore to adjourn at 11:14 PM. The motion was unanimously carried. Councilmember Mudoz stated he would be out of town for the meeting of February 5, 1991. Minutes\01\08\91 -14- 02/04/91 ITEM NO. 3 RESOLUTION NO. 91- 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 have been audited by the City Manager, and that the same are hereby allowed in the amounts of $602,068.78. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 12th day of February, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 3/Resos 142 B 8 8 ~ 8 8 8 8 8 8 8 8 8 8 8 8 8 ~ 88~8888 $ 88~ 8 8 8 ~ 0 0 0 0 o ITEM NO. 4 ORDINANCE NO. 91-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING SECTION 2.08.060(b), ADDING SECTION 2.08.061, AND AMENDING SECTION 2.10,020 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE APPOINTMENT OF THE CITY CLERK THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.08.60(b) of the Temecula Municipal Code is hereby amended to read as follows: 2.08.060 Powers and duties... "(b) Appoint, remove, promote, and demote any and all officers and employees of the City except elected officers, the City Attorney, and the City Treasurer, subject to all applicable personnel rules and regulations which may be adopted by the City Council;" SECTION 2. Section 2.08.061 is hereby added to the Temecula Municipal Code, which shall read as follows: "2.08.061 Appointment of City Clerk. The City Manager shall be empowered, pursuant to Section 34856 of the Government Code of the State of California, to appoint, discipline or dismiss the City Clerk. Such power shall be executed by the City Manager for any vacancy occurring in said office upon or after the effective date of this Ordinance." SECTION 3. Section 2.10.010 of the Temecula Municipal Code is hereby amended to read as follows: "2.10.010 Authority for office. The office of the City Clerk is created and established. The City Clerk shall be appointed by the City Manager wholly on the basis of administrative and executive ability and qualifications, subject to Section 2.08.061 of this Code." 2lORDS/91-06 I Ordinance No. 91-06 Page 2 SECTION 4. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted and published as required by law. PASSED, APPROVED AND ADOPTED this 12th day of February, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek City Clerk [SEAL] APPROVED AS TO FORM: Scott F. Field City Attorney 2lORDS/91-06 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 29th day of January, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of February, 1991, by the following vote, to wit: AYES: COUNCILMEMBER: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Orals 91-06 ITEM NO. 5 ORDINANCE NO. 91-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5535 CHANGING THE ZONE FROM R-A-5, RESIDENTIAL AGRICULTURAL, 5 ACRE MINIMUM TO R-5, OPEN AREA COMBINING ZONE ON 10.2 ACRES IN TWO PORTIONS OF PARCEL 926- 760-001; FROM R-A5 AND R-A- 2 1/2, RESIDENTIAL AGRICULTURAL TO R-1 SINGLE FAMILY RESIDENTIAL, ON APPROXIMATELY 5 ACRES IN PORTIONS OF PARCELS 926-760-001 AND 003; FROM R-l, SINGLE FAMILY RESIDENTIAL TO R-5, OPEN AREA COMBINING ZONE, ON 6.4 ACRES IN PORTIONS OF PARCELS 926-760-001 AND 004, AND A PORTION OF PARCELS 926-770-002; AND FROM R-1 SINGLE FAMILY RESIDENTIAL, TO R-4-5000 AND R-4-6000, PLANNED RESIDENTIAL, MINIMUM LOT SIZES 5,000 AND 6,000 SQUARE FEET RESPECTIVELY, IN PORTIONS OF PARCELS 926-760-004 AND 005, ALL OF PARCEL 926- 770-002, AND A PORTION OF PARCEL 926-770-003. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Public heatings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in Change of Zone No. 5535 in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. 3/Ords 91-05 PASSED, APPROVED AND ADOPTED this 12th day of February, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 29th day of January, 1991, and that thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of February, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3lOrds 91-05 ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: MEETING DATE SUBJECT: CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY FEBRUARY 12, 1991 OLD TOWN TEMECULA MUSEUM FOUNDATION LEASE RECOMMENDATION: That the City Council authorize the Mayor to execute the Lease between The Old Town Temecula Museum Foundation and the City of Temecula. DISCUSSION: The City Council previously accepted the grant of Sam Hicks Park to the City from the Sam Hicks Monument Park Foundation subject to Old Town Temecula Museum Foundation approving the revised Land Lease. The Museum Foundation has now agreed to the revised Land Lease, including the increase in insurance coverages to $1 Million after the Museum is built, as suggested by the Council. Accordingly, it is requested that the Council enter into the Lease. FISCAL IMPACT: A TTA CHMENTS: Lease Payment to City of $1.00 per year. - Museum Lease LAND LEASE THIS LEASE is entered into as of January 1, 1991, between the CITY OF TEMECULA, hereinafter called "Lessor," and THE OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION, a California non-profit public benefit corporation, hereinafter called "Lessee." Lessor acquired title in the name of the CITY OF TEMECULA to the Property hereinafter described by deed dated , 19_, and recorded on , 19__, in the Office of the Recorder of Riverside County, California, in Book ~ at Page ~ NOW, THEREFORE, in consideration of covenants and promises hereinafter mentioned, the parties, Lessor and Lessee, agree as follows: 1. DESCRIFrION OF PROPERTY. Lessor hereby leases to Lessee, and Lessee here hires and takes from Lessor, the Property to be defined as that land to be occupied by the museum as per the attached plot plan (Exhibit "A" attached hereto) located on Moreno Road, Temecula, California, hereinafter called the "Property." 2. TERM. The term of this agreement shall be forty (40) years, commencing on November 1, 1990, and ending on October 31, 2030. This Lease may be extended as set forth in paragraph four (4) of this Agreement. 3. RENT. Lessee agrees to pay Lessor as rent for the use and occupancy of the Property the sum of ONE DOLLAR ($1.00) per year, payable in advance on the first (lst) day of January of each year commencing with January 1, 1991, and continuing thereafter during Lessee's use and occupancy of the Property. If the Lessee renews the term of this Lease as provided in paragraph four (4), the Lease shall continue for the same rental rate. Rent shall be payable in lawful money of the United States to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. 4. OPTION TO RENEW. As part of the consideration for the execution of this Lease, Lessor hereby grants to Lessee, an option to extend and renew the provisions of this Lease for a twenty-year term, upon the same terms and conditions hereof. The option to renew and extend the provisions of this Lease must be exercised, if at all, by notice in writing given to Lessor not less than sixty (60) days prior to the expiration on the previous term. 5. USE OF THE PROPERTY. The Property shall be used for the construction and operation of a museum of a minimum of 3,000 square feet, including public restrooms. Construction of said structures shall commence within three (3) years of the date of this Lease. In addition, a final inspection or certificate of occupancy shall be obtained within five (5) years of the date of this Lease. The Property shall also be used for the relocafion of a church of 1,200 square feet. Other construction projects, not specifically permitted by this Lease are prohibited. The design and location of said structures shall be subject to Lessor's approval, which approval shall not be unreasonably withheld. Lessee also agrees to comply with all applicable laws, rules, regulations, and ordinances of every governmental body or agency whose authority extends to the leased Property, or to the business conducted upon the leased Property. 6. ALTERATIONS. Lessee may not make any alterations (other than insubstantial ones) to the leased Property or structures thereon without Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessee, at Lessee's own expense, shall comply with all present and future governmental requirements arising out of, in connection with, or necessitated by such alterations. 7. FIXT-JRES. All fixtures placed on the leased Property by Lessee shall at all times be and remain the personal property of Lessee, and Lessee shall have the right to remove such fixtures at any time during the term hereof and also within five (5) business days after the termination of this Lease. Lessee shall, at Lessee's sole expense, restore and repair any damage to the leased Property caused or occasioned by the removal of the fixtures. Such repair and restoration shall be performed within five (5) business days after the expiration of this Lease and shall be performed in compliance with the terms and conditions of Paragraph 8 of this Lease relating to repairs. 8. REPAIRS. Lessee accepts the Property as being in good order, repair and condition. At all times during the term of this Lease, Lessee shall, at Lessee's own cost and expense, and at no cost and expense to Lessor, maintain the Property and all portions of the Property in good order and repair and make all repairs and replacements that may become necessary to the Property, any buildings or improvements on the Property, or any sidewalks, landscaping, driveways, or parking areas that are part of, or appurtenant to, the Leased Property. Any and all repairs and replacements required by this provision, both ordinary and extraordinary and both structural and nonstructural, shall be made promptly by Lessee as required and shall comply with all applicable governmental laws, ordinances, and regulations. Lessee hereby waives the provisions of sections 1941 and 1942 of the California Civil Code relating to Lessor's duty for tenantable premises and Lessee's right to make repairs and deduct the expenses of such repairs from the rent. 9. LANDSCAPE MAINTENANCE. Lessee shall recognize that the installation and maintenance of landscaping on the Property is an integral part of the lease. Lessee shall maintain and care for landscaping on the Property using generally accepted methods of cultivation and watering. Lessee shall maintain that standard of care necessary to prevent the landscaping from deteriorating to the extent that its value as landscaping is destroyed. Lessee shall also maintain landscape of Property in a manner and design reflecting the 1890 theme of the TEMECULA HISTORICAL OVERLAY. If Lessee fails to maintain the landscaping in such proper condition, Lessor may give written notice of such deficiency to Lessee. If the Lessor gives norice to Lessee of a deficiency, Lessee shall have thirty (30) business days within which to take reasonable steps to cure the deficiency. If Lessee has not commenced corrective activity within such thirty (30) days, the City may elect to take the steps necessary to insure that the landscaping is maintained and cared for. At least fifteen (15) days prior to entering the Property to perform any such corrective work, Lessor shall either personally serve a notice of its intent to enter the premises for this purpose on the Lessee or mail a copy of such notice by certified mail to the Lessee's last known address, or as shown on the tax rolls. Lessor may enter the Property to perform such corrective work as it reasonably considers necessary and proper to return the landscaping to its proper condition. Lessor may act either through its own employees or through an independent contractor to perform such corrective work. If Lessor incurs costs, including administrative costs and attorney's fees in returning the landscaping to its proper condition pursuant to the procedure set forth in paragraph 7 above, Lessor may make a demand upon Lessee for payment of such costs as are reasonable under the circumstances. If Lessee fails to pay such costs within thirty (30) business days after the date demand is made, the terms and provisions of this lease shall terminate. 10. MECHANICS' LIENS. Lessee hereby agrees to keep the leased Property and the improvements thereon or hereafter erected or placed thereon, and every part thereof, and every estate, right, rifle, and interest therein, or in or to any part thereof, at all times during the term of this Lease, free and clear of mechanics' liens and other liens for labor, service, supplies, equipment, or materials. Lessee also agrees to fully pay and discharge and wholly protect and save harmless Lessor and all and every part of the estate, right, rifle, and interest of Lessor in and to all and every part of said demised Property and improvements against any and all demands or claims that may or could ripen into such liens or labor claims. Notwithstanding the foregoing, Lessee may, if Lessee furnishes Lessor with a bond or other security against loss or liability by reason thereof in a form acceptable to Lessor, contest, at Lessee's sole cost and expense, any such liens or claims and liftgate the same final judgment; in the event Lessee shall have taken an appeal from an adverse judgment, Lessor shall at all times during the pendency of such appeal prevent the execution of such judgment pending appeal. 11. DESTRUCTION OF PROPERTY. Should any building or improvements on the leased Property be damaged or destroyed by fire, the elements, Acts of God, or other causes not the fault of Lessee or any person in or about the leased Property with the express or implied consent of Lessee, they shall be repaired or replaced by Lessee at its own cost and expense; however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed fifty percent (50%) of the replacement cost of all buildings and improvements to be located on the leased Property, Lessee may, at its option, either repair and restore the damaged buildings and improvements or cancel this 12. SURRENDER OF PROPERTY. On expiration or sooner termination of this Lease, or any extensions or renewal of this Lease, Lessee shall promptly surrender and deliver said Property to Lessor in as good condition as it is now at the date of this Lease, reasonable wear and tear and repairs hereafter required to be made by Lessor excepted. Lessee may surrender the property leaving the buildings relocated or constructed pursuant to this Lease in place with the consent of Lessor and at no cost to Lessor. This paragraph is subject to the conditions of Paragraph 7 relating to removal of fixtures. On file with the City Clerk of the City of Temecula are photographs of the property in its condition as of the date of execution of this Lease. 13. ALIENABILITY OF PROPERTY. Nothing in this Lease shall be construed to restrict the alienability of said Property. Lessor retains the right to sell or encumber said Property at any time during the term of this Lease. 14. UTILITIES. Lessee agrees to pay for all utilities, including telephone, water, gas, electricity, and any and all other services which may be used in or upon the leased Property during the term of this I_ease without liability of Lessor. For each service, Lessee shall pay the cost for the use of the service directly to the utility provider prior to the time that the charge becomes delinquent. 15. TAXES. During the term of this Lease, Lessee shall pay before delinquency (1) all taxes, assessments, license fees, and any other charges of any type whatsoever that are levied, assessed, charged, or imposed on or against Lessee's possessory interest and/or personal property installed or located in or on the leased Property and that become payable during the term of this lease and (2) all real property taxes and general and special assessments levied and assessed against the leased Property. 16. WASTE OR NUISANCE. Lessee shall not commit or permit the commission by others of any waste on said Property, including graffiti; Lessee shall not maintain, 4 commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on said Property; and Lessee shall not use or permit the use of said Property for any unlawful purpose. 17. ASSIGNIVW~ AND SUBLETTING. Lessee may assign this Lease or an interest therein and may also sublet the Property, provided Lessee first obtains the written consent of Lessor to any such assignment or subletting. If, during the term of this Lease, Lessee requests the written consent of Lessor to any assignment or subletting, Lessor's consent shall not unreasonably be withheld. A consent to one assignment or subletting, and any subsequent assignment or subletting without Landlord's consent shall be void and shall, at Landlord's option, terminate this Lease. Any approved assignment or sublease shall not relieve Lessor of liability under the terms of this Lease. 18. INDEMNITY AND INSURANCE. Lessee agrees to indemnify and hold Lessor harmless from and against any and all claims arising from any act, omission or negligence of Lessee, or its contractors, licensees, agents, servants, or employees, or arising from any accident, injury or damage whatsoever caused to any person or property occurring in, on, or about the Property, the sidewalks adjoining the Property, and from and against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, including, but not limited to, court costs and reasonable attorney's fees. Lessee shall maintain in full force during the term of this Lease, a policy or policies of general liability insurance in the minimum amount for the first year of the term of this Lease of Two Hundred Fifty Thousand Dollars ($250,000.00) combined single-limit per occurrence for bodily injury, personal injury and property damage. Upon the final inspection for certificate of occupancy for the Museum described at Section 5 of this Lease, the amount of said insurance shall increase to One Million Dollars ($1,000,000.00). Lessee shall name Lessor as an additional insured on such policies. Lessee shall furnish Lessor with a Certificate of Insurance with respect to such policy or policies prior to entry on the property. The policies shall further be endorsed with a "broad form" endorsement so as to provide comprehensive general liability insurance for the joint benefit of lessor and lessee for personal injuries. Lessee shall maintain in force, at Lessee's expense, a policy or policies of insurance protecting against the following: O) Fire and other perils normally included in the extended coverage insurance with special form, to the extent of at least one-hundred percent (100%) of the insurable value of the building(s) and other improvements placed on the property pursuant to the Lease, exclusive of trade fixtures and equipment belonging to Lessee. 5 (2) Fire and extended coverage insurance with respect to Lessee's fixtures and equipment located on the property with vandalism and malicious mischief endorsements to the extent of one-hundred percent (100%) of their insurable value. During the term of this Lease, the proceeds of any such policy or policies for fire insurance should be used solely for the repair or replacement of the fixtures or equipment so insured. (3) Lessee shall furnish Lessor with a Certificate of Insurance with respect to all policy or policies required pursuant to this Lease prior to entry on the property, and occupancy of any buildings constructed or relocated onto the property. If any such insurance required in this Lease has a deductible clause, the deductible amount shall not exceed $1,000.00 per occurrence, and Lessee shall be liable for any such deductible amount. (4) The coverage amounts for all insurance requirements pursuant to the City shall increase annually at a rate equal to the Consumer Price Index for Riverside County. 19. INSPECTION. Lessor may enter upon the Property at any reasonable time for the purpose of inspecting the Property. "Reasonable time" shall be defined as during normal operating hours. 20. INSOLVENCY. The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, shall terminate the Lease and entitle Lessor to renter and regain possession of leased Property. 21. UNLAWFUL DETAINER. In the event of any breach of this Lease by Lessee, Lessor, in addition to any other rights or remedies it may have, may give Lessee a three-day notice to cure the breach or quit the premises. If Lessee fails to do either, Lessor may bring a statutory proceeding in unlawful detainer to regain possession of the Property. Any notice given by the Lessor pursuant to this paragraph does not constitute termination of this Lease unless expressly so declared by Lessor in the notice. 22. WAIVER OF BREACH. The waiver by Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained, The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any prior occurring breach by Lessee of any term, covenant, or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such prior existing breach at the time of acceptance of such rent. 23. ABANDONMENT. In the event that Lessee shall be absent from the demised Property for a period of 30 days after default in payment of rent or other obligations imposed on Lessee by this Lease, such absence shall be deemed to constitute an abandonment of Lessee's interest in the demised Property and an abandonment by Lessee of any personal property left on the demised Property, and Lessor may thereupon reenter the Property as hereinbefore provided. 24. BINDING ON SUCCESSORS. The provisions of this Lease shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legal representatives of the parties hereto. Nothing in this paragraph shall be construed as a consent by Lessor to any assignment of this Lease or any interest therein by Lessee except as provided in Paragraph 18 of this Lease. 25. NOTICES AND PAYMENTS. Whenever notices and payments are required to be given pursuant to the provisions of this Lease, they shall be sent to either party, in writing and postage prepaid by registered mail, addressed as follows: To the Lessor at: City of Temecula 43172 Business Park Drive Temecula, CA 92390 To the Lessee at: The Old Town Temecula Historical Museum Foundation, A California Non-Profit Public Benefit Corporation P.O. Box 792 Temecula, CA 92390 Either party may change such address by written notice by registered mall to the other party. 26. DEFAULT, NOTICE OF DEFAULT, BREACH. A default in the performance of any promise of, or of any obligation imposed upon Lessor and Lessee, shall not constitute a breach of this Lease unless the party in default falls to cure such default within thirty (30) days after the written notice of default has been served, except that failure to cure a default in the payment of rent shall constitute a breach of this Lease if such default is not cured within five (5) days after written notice of default has been served. If either 7 party breaches this Lease, the other party shall be entitled to pursue every legal and equitable remedy available, including (but not limited to) the right to terminate this Lease and the right to recover accrued rent, paid in advance. Lessor, in addition to other remedies it may have, shall have the immediate right to reentry, and may remove all persons and property from the Property, such property may be stored at the cost of Lessee. The prevailing party shall be reimbursed attorney's fees. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. LESSOR: LESSEE: CITY OF TEMECULA, A Municipal Corporation THE OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION a California Non-Profit Public Benefit Corporation By: RONALD J. PARKS Mayor By By ATTEST: By: JUNE S. GREEK City Clerk APPORVED AS TO FORM: By: SCOTt F. FIELD City Attorney 8 ITEM NO. 7 APPROVAL FINANCE OFFI~)ER CITY MANAGERv TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department ~ February 12, 1991 Final Parcel Map No. 23624 PREPARED BY: Douglas M. Stewart RECOMMENDATION: That the City Council approve Final Parcel Map No. 23634 subject to the Conditions of Approval. DISCUSSION: Parcel Map No. 23624 was originally submitted to Riverside County Planning Department on May 16, 1988. The Tentative Parcel Map Amended No. 1 was approved by the County Planning Commission on March 15, 1989 and by the Board of Supervisors on May 9, 1989. Parcel Map No. 23624 proposes to subdivide 36.57 acres into three parcels. The three lots each total 1.4 acres, 2.2 acres, and 5.6 acres; a remainder parcel of 27.37 acres is created and is further subdivided by Tentative Tract Map No. 23992 which will also be heard at the next City Council meeting. The parcel map is located south of Rancho California Road and west of Ynez Road. This map is part of the Rancho Highlands Specific Plan No. 180, Development Agreement No. 3. The County Planning Commission concurrently reviewed the project with Tentative Tract No. 23992, and Plot Plan No. 10579, an application to construct a hotel on Parcel One. The applicant is Rancho California Development Company and representative is N BS/Lowry. The following fees have been paid (or deferred) for Parcel Map No. 23624: Signal Mitigation Fee Area Drainage Fee $ 61,325.00 63,467.60 STAFFRPT\FPM23624 1 Requirement of Quimby fee (Park Fees) is not listed in the County of Riverside Conditions of Approval for Final Parcel Map No. 23624, however, past City actions have determined that clauses within a development agreement provide latitude to require park fees. Staff is recommending adoption of a condition requiring payment of Quimby fees. This is not considered a new condition, but a clarification of existing requirements. Improvements for Final Parcel Map No. 23624 have been installed and bonding guaranteeing construction are only required. Improvement Guarantee Survey Monuments $38,750.00 9,000.00 SUMMARY: Staff recommends that the City Council APPROVE Final Parcel Map No. 23624 subject to the Conditions of Approval and following condition: The Quimby fee shall be paid as required by the City of Temecula Community Services Department. GH:ks Attachments: 2. 3. 4. 5. Development Checklist Location map Copy of Map Conditions of Approval Fees & Securities Report STAFFRPT\ FPM2 3 6 2 4 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Final Parcel Map No. 2362~ The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan I K-Rat) Parks and Recreation ( Quimby ) Public Facility ( Traffic Mitigation ) Public Facility I Traffic Signal Mitigation) Public Facility { Library ) Fire Protection Flood Control IADP) Condition of Approval Condition No. 23 (Planning) Development Agreement No. 3 N/A Condition No. 14 (Roads and Survey) N/A N/A Condition No. 11 (Planning) STAFFRPT\FPM23624 W~nche$1er SOL MEADdWVIEW 1,;, r FG ¢- it, L,4%H~ ?; k VILLAGE ~ Project Site SUBMrl-rAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE. STATE OF CALIFORNIA 0 eveloo First Superv~sorlal D~s~r~ct - Kancno ~a£ifornia Area - 36.57 Acres'- 3 Lots - Schedule I - SP Zoning. RECOMMENDED MOTION: ..RECEIVE AND FILE the above referenced case acted on by the Planning Commission on March 15, 1989. THE PLANNING COMMISSION ADOPTED the Negative Declaration for Environmental Assessment No. 32864 based on the findings incorporated in the environmental assessment and the conclusion that the proposed project will not have a significant effect on the environment; and APPROVED TENTATIVE TRACT NO. 23624, AMENDED NO. 1 subject to the attached conditions and based on the findrigs and conclusions incor- porated in the Planning Commission minutes dated March 15, 1989. K J J: sc 3/20/89 MAY 2A 1989 Ayes: Noes: Date: Absent: RIVERSIDE COUNTY ~LANNING DEPARTMEN .-r 1.5 "MINUTES' OF-THE BOARD OF SUPERVISORS o, ,otion-:o*{S-'p.e vi,or Vo, lov,. s,co,ded by Supervisor Dunlap and duly'carried by unanimous vote, IT WAS ORDERED that ~the above.report of approval is received and Ceniceros, Dunlap, Larson, Abraham and/?Younglove None ~erald A. ~1oney Planning, Land_Use,_Applicant ~. /ff Deputy ..... uep~. ~mments u~s~ ~b~u~ NO. Zoning Area: Rancho California Supervisorial District: First E. A. Number: 32864 Regional Team No. I C~IAL PARCEL. I~ I10. ~3~24, AR). ~1 Planning Coneisston: 3-15-89 Agenda Item No.: : 5-1 RIVERSIDE COUNTY PLANNING DEPARTt~NT STAFF REPORT Appl t cant: Engtne er/Repr esen tati ve: Type of Request: 4~ Location: 5. Existing'·Zoning: . · 6.Surrounding Zoning: 7. Site Characteristics: 8. Area Characteristics: Comprehensive General Plan Designation: lO. Land Division Data: Rancho Caltfomta Development Co. NBS/Lowry A Schedule E Division of 36.57 acres into 3 coaeercial parcel s and 1 renalrider parcel. South of Rancho California Road and west of Ynez Road. SP, R-A:5, C-l/C-P, C-P-S Vacant land with a pond on site. Urbantzing area with commercial and residential uses. Land Use: Spectfic Plan No. 180 (Rancho Hi ghl ands) Open Space/Cons: Specific Plan No. 1BO Total Acreage: ~ 36.57 Total Lots: 3 commercial parcels. and 1 remainder parcel See 1 etter. dated: Road: 8-10-89 Heal th: 1-05-89 Flood: '8-08-88 Fi re: 7-26-88 Butldtng& Safety Grading: 1-24-89 County Geologist: 6-29-88 & 6-30-88 CALTRANS: 7-05-88 . . Opposing/Supporting: ' None received Not:within a city sphere.,.,:i ,'. :;., .::. : '." .'.?' :::. :'. ~. '-'.. Coma'erctal...;: Pa'rcel .:. ~p :' No. ~:'~23624,::. Amended No. 1 is an application :~o divide 36.57 acres' into 3 parcels With::l';4 acres, 2.2 acres and 5,6' acres each, and 1 remainder parcel. of. 27.37. acres. The proposed project is a Schedule "E" subdivision.' The.project. stte:'t~ located south of ~ncho' California Road' and west of Ynez Road;"'.,.:,. ;. . !:.,, ..{...: .. !'~:T,: ' ' "" ." ' COIq~RCIAL PARCEL IMP MO. 321~4 Staff Report Page 2 Surrounding zonings include SP, R-A-5 and C-1/C-P. The site has spectfic plan zonlng (SP). Surrounding land uses include coueerctal uses to the north and .west- and vacant 1and 'to the.sou~ and .east. An existing residential. use~ '"" cond~tntums, are adjacent t the project'site .on" t~ree sides... The project' site is vacant with a pond on site. The project site lies within the boundaries of Specific Plan (SP) No. 180. Amen~ent No. 1 to the Spectfic Plan was approved by the Board of Supervisors on July 18, 1988. Parcels 1, 2 and 3 lie within Specific Plan 180 Land Use Planning Area 2 which allows office/professional uses. The remainder parcel lies wlthtn Land Use Planning Area 2 which allows office/professional uses. The remainder parcel lies.within Land Use Planning Area 4/5, .6 and 7 which · allows very high denstry residential. Tentative Tract No.' 23992, which is an app1_tcatton currently being processed; proposes to buil.d condominiums on the renainder parcel. Plot Plan No. 10579, which ts an application to construct a hotel on Parcel 1 is currently being processed. Envt tonmental Analys! s Environmental Assessment No. 32864 indicated concerns/constraints of fault hazard, liquefaction, erosion, dam inundation, highway noise, scenic highway, and paleontologlc resources and Stephens kangaroo rat. County Geologlc Report No. 476 was prepared for the project site to address seismic constraints .. and County Geologic.. Report No, .276 . L was prepared to. address liquefaction constraints. Seismic and liquefaction concerns are mitigated through the conditions of approval. The site is subject to erosion and will be mitigated through proper UBC standards at the time of development. The site is sub;lect to potential dam inundation and is mitigated through the Riverside County Flood Control recaenendattons as .indicated in their letter dated July 12, 1988 which is tncluded in the conditions of approval. The site is adjacent to 1-15 which is an eltgtble state scenic highway and the site is also. subject-. to noise ~rom X-15. Xmpacts wtll have to be mitigated at the-development :,:stage.: The site._ has~:~the.!~ipote. nttal for paleontologtc resources ;'?.J. ]mpa~ts. ,.~'"ate:~.: ,ttt gated.'-. th rough :!i~th'ei:~::.~,,.dttt OhS o f .approval. The · site. is wtthtn.~the hlstorfc~'/range'.ofi!.the'.:'Step,fi~'d":~Ka'ifgaroo!.:Rat;': ,,'The?site',::, ts'::,~?:;';?::." ' vtthtn ;:,:an..i,? urbantzlng:!., area '. and ': ts' not con'$tder_'~d a'-vtable habttat': area. .*.' A* contit tton 'requiring the payment of. mtttgatton:'.fees'aCCOrdtng to Ordinance ' No. 653 ts tncluded tn the conditions of' approval. Gefienl Plan· Coaststency/i.~nd Use Coetlbtllty The stte .ts "iwtthtn $pectftc Plan No. 180 Rancho Highlands). The stte ts ~thtn Land Use Plantng Areas (LUPA)2', 4/5,'$, and-7 of the spectflc plan. Office/professional. uses are allowed wtth LUPA 2 with htgh .denstry restdentia1."ts~allo~edvrlthtn LUPAS'4/5,'*$ and 7;' The stte falls wtthtn COI~RCZAL PARCEL MAP MO. 32864 Staff Report Page 3 Development Agreement No. 3 (Ordinance. 664.4). The proposed project conforms " .to. the requirements of Specl.flc Plan No. 180. and Amendment .No. 1... The · . proposed' project. is' compatt.ble' .with 'area developm'ent.and surrounding'-]and "....-. · uses and zones . Based on the foregoing, staff finds the proposed project consistent with the general plan. FIMDIMGS: 1. The app]tcant ts prop,sing to subdivide a 36.57 acres stte tnto 3 parcel with 1.4, 2.2, and 5.6 acres each and 1. remainder parcel of 27.37 acres. 2. 'Parce] Map No. 23624, Amended No. I is a Schedule "E" Subdivision' with a 1.4 acre minimum-lot size. 0 The project stte ts Fitbin Spectfic Plan No. 180 and wtthtn Land Use Planntng Area (LUPA) 2, 4/5, 6, and 7 of the specific p]an. LUPA 2 covers Parcels 1, 2, and 3 al]ows office/professional uses. LUPAS 4/5, 6, and 7 cover the area within the remainder parcel and allows high density residential. 4. Surrounding zontngs tnclude SP, R-A-S, C-l/C-P, and C-P-S. The site ts zoned SP. Surrounding land uses tnclude coanercta] uses, residenrta] uses and vacant.land.. The site is vacant and contatns a pond. . 5. Environmental Assessment No. 32864 1denttried the constraints of fau]t hazard, liquefaction, erosion, dam 1nunSart.n, highway noise, scenic htghway, pale,fit, logic resources and Stephens kangaroo rat. A11 envtromuental constraints are mitigated through the conditions of approval or at the development stage. ~'~11."- The proposed .,c~'~ctal'/'parcel map 1s cempattble ,tth the established 2 The. proposed proJect~.'~.isubstant{ally '~ conforms to the requirements Specific Plan #o.':180. ' · .., -.- 3. The proposed project ts consistent vtth Ordinances No. 348 and 460 and ~Jth the 6eneral Plan .4. All envtronnental.:~tBpacts are mitigated. COI~ERCZAL PARCEL K~P NO. 32864 Staff Report Page 4 RECOI~![IJDAT101CS: .. ADOPT[OIi of a Negative Declaration for Envtronmental. Assessment No. 23624 · based on the ftndtngS .Incorporated. in the .tntttal study.and th~ conclusion that the' proposed project 'wtl] not have a significant 'effecl~ on the environment; and APPROVAL of TEk'TATIVE PARCEL ~ #0. 23624, AI~IE)ED #0. 1, subject to the attached conditions of approval. KD:aea 2-28-89 o- o ~ , VAC. RES VAC. , VAC. Circ~. 15 FREEWAY VAR. FleetIN' RANCHO CALIF. ART. 110' i Rd. Bk. I~ 56AI)ete 2-8-89 ~ By DGT. L ~.~ I,OC. ATlO~Jd.. SlAP *' ,' Uee','.:~. 3;' AC; 1'O:::'4 PARCEL:,;L~::':~ · '"?::i:':?,-'~.'T' :': 'i · AREA. RANCHO CALIE ~oc.' I T. eS.,R. 3W Alseooor*s Ik. 023 I~. 02 SP 180 , ? R-R C,Z "-7 7 ~ SP 180 Al~.' RANCHO CALIF. DEVELOPMENT'CO. U.4 37 AC. TO 4 PARCEL AREARANCHO CALIE -' :.: -', . $.p.l~t I Sec. I T. 8$.,R. 3W ~'s Ik. 923 I~. 02 Cirgetati~ 15 FREEWAY VAR. Ellmeat RANCHO CALIF. ART. 110' Rd. Bk. Pg. 56ADetl 2-8-89 Drl.m I1 DGT. ~L ;~.' z~ PLAIMTNG DTRECTOR'S APPROVAL DATE: O< R/VEgSIDE COUNTY PLANNING DD)ARTI~KT TFJiTATIV[ PARCF1 NAP RO ?.3624. NiENDED The subdivider shall defend, Indemnify, and hold harmless the County of Riverside, .1rs agents, officers, end employees. from a~ Clatm,.. action,. or proceeding agatnst the County'of Rt'verstde or"tts agents, officers, or employees to attack, set astde, votd, or annul an approval of the County of Riverside, 1rs advisory agencies, appeal boards or legislative body concerning T£NTATIV£ PARCEL HAP NO. 23624, AH~ND£D NO. 1, v~tch action ts brought within the time period provtded for tn California Government Code Sectton 66499.37. The County of Riverside wtll promptly notify the subdivider of any such clatm, actton, or proceeding against the County of Riverside and wtll cooperate fully tn the defense, If the County · fails to' promptly .nottry the subdivider of an~ . such claim, actton, or proceeding or falls to Cooperate fully tn the defense, the subdivider shall not, thereafter, be responsible to defend, Indemnify, or hold harmless the County of Riverside. 2. The tentative parcel map shall conform to the requirements of Ordinance 460, Schedule £, unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the Board of Supervisors approval date unless extended as provided by Ordinance 460. 3. The final map shall be prepared by a registered civil engineer or licensed land surveyor subject to all the requirements of the State of -''~' Callrolla ....Subdivision Map"Act, Riverside County Subdivision Ordinance 460. 4. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the County Road C~tsstoner. Street names shall be subject to approval of the Road Commissioner. ~ '~$. Easements,." when required for roadway slopes, drainage facilities, " ....i:'...~:.,::,?uttlttte),,.'etc;:;~.shall '..be r. Shown on ..the!':final map if within the,land ::':'::-dtvtsion.~i,~'boundarT,'i:.::i'All offers" of dedtca'tton~ Shall.' provide ,for · :.'::i';.'nonexcl'ustve~publtc-road; and uttltty access~i~ All easements. offers of dedication and conveyances shall be' submltted'and recorded as dtrected b~ the Riverside Coun~ Surveyor. 6. Legal access as requlred by Ordinance 460 shall be provided from the parcel map boundary to a County matntatnedroad. 7. All .delinquent property taxes shall be paid prior to recordation of the final map..::::,:. TEXTATZ¥£ PARCEL IMP NO. Z3830. NEJIDED NO. 1 Conditions of Approval Page 2 8. Prior to any grading, a Grading Plan in compliance with l~e Uniform Building Code, Chapter 70, as amended by Ordinance 457, shall be submitted to the County Department of Building and Safety. 9. The subdivider shall comply.with the' street- improvement '.recommendations -outlined .-in"the. County. ~ad Department's letter. dated 8-1.0-88,: a .copy-of which is attached. lO. The subdivider shall comply with the environmental health recommendations outlined in the County'14ealth Depar~ent's transmittal dated 1-05-89, a copy of which is attached. 11. The subdivider shall comply with the flood control recommendations outl. ined in the Riverside County Flood .control 'Dtstrlct's. letter dated 7:12;88, a copy of which is attach'ed.' If'the'land'division .lies within an adopted flood control drainage area pursuant to Section 10.25 of Riverside County Land Division Ordinance 460, appropriate fees for the construction of area drainage facilities shall be collected by the Road Commissioner prior to recordation of the final map or waiver of parcel map. 12. The subdivider shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated 7-26-88, a copy of which is attached. 13. The subdivider shall compl. y~..wtth?.the: recommendations outlined in the Building and Safety'Department: Grading Sectton's transmittal dated 1-24-8g, a copy of which ts"attached. 14. The subdivider shall comply wtth County Geologist's transmittal dated which are attached. the recommendations outltned in the 6-29-88 and 6-30-88, copies of 15. Lots created by this subdtvtston::~.shall be in conformance with the development standards of~-t~e':,SP::'::~80'~ :zone'; -' ?"' , " 16. All lots'created by this land. division 'shall have a minimum area"of~' 1.4 acres gross. ' .- When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3600 square feet, exclusive 'of the utility easement. 17. TEJITATZYE PARCh HAP NO. 7_~624, Nq~NDED NO. 1 Conditions of Approval Page 3 18. All lot length to width ratios shall be tn conformance wtth Section 3.8C of Ordinance 460. · 19.. All street lights' and .other' outdo'or lighting. Sha!1 be.' shown on electrical plans' submitted to the Department of Buildtrig and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside County Comprehensive General P1 an. PIL[OR TO THE RECORDAT[ON I3F THE FINAL NAP: 20. A copy of the Environmental Constraints Sheet (ECS) shall be transmitted to. the Planning .Department for review and approval. F.I~I~IITN. COItST1L~IIT SIIET CONDITIOI~: 21. An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the County Surveyor, Prior to the recordation of the final map, a copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Oepartment. and the'Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet. a. 'County Geo16gtcal Report Nos. 476 and 476L were prepared for this property on June ~g, 1988 and June 30, 1988 by Converse Consultants, Pasadena, and are on file at the Riverside County Planning Department. The specific items of interest are liquefaction and seismic constraints. 22. The following note shall be placed on the final map: 'Constraints affecting this property are shown on the accompanying Environmental Constraints Sheet, the ort91nal of which is on file' at the office of the ; Riverside County Surveyor.' .... '~ .... ~ ,: ~.;~, ~ ~-i ..' ;'i;'.:/: .~; !.:" ~11!': :i.~.i :' ;'..~ ' ': ~'~: ~ ~'~"':.' ....' · ~"L ,,~.~'C~'~, ' " "-~74~:;~.'. '- :~3. ertor,~:;:':"tO':..:~ the'..issuance 'of grading periits; ithe.'.appilcant ~,11 ....e'~'~"' compl y'~-:;::;' ' with Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superceded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required .by Ordinance No. 663, the applicant shall PaY the fee required under the Habitat ,-. Conservation Plan as implemented by County ordinance or resolution. ~4. The.subdtvtder and all.. successors in interest shall eraply with the?!:".'~,~!- provisions of Oevelopaent Agreement No. 3 'and Specific Plan No. 180. -'~:' 1TdITATZVE p/LI~CEL NAP II0. ~3624, N~IIOED II0. 1 Conditions of ~oproval Page 4 PILIOR TO ~ ZSSUANCE ~F' &RAOZlIG P~TS: 27. Prior to-'the issuance of grading permits, a qualified. paleontologist shall be retained by the developer 'for consultation .'and con~nent on the.. 'proposed '. grading 'with. respect to potential paleontologlcal impacts.' Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to te~orartly divert, redirect or halt grading activity to allow recovery of fosstls. KED: aea 2-28-89 LeRoy D. Smoot I~OAD CO~Ir,.$1ONIrR · COUN?Y $URV~YOI Riverside ¢ount..v Planning Commission 4080 Lem~on Street Riverside, CA g250! OFFICE OF ROAD CO.4.~I$SlO%'ER ~ COL.%'TY SLRVEYOR August 10, 1988 Re: Parcel Hap 23624 - Amend #! Schedule E - Team I Ladies and' Gentlemen: With respect to the conditions of approval for the referenced tentative land dtvision map, the Road Department recommends that the landdivider provide the following street improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Standards (Ordinance 46l). It is understood that the tentative map correctly shows acceptable centerline profiles, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their o~Ission or unacceptability may require the map to be resubmitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is as binding as though occurring in a11. They are Intended to be complementary and to describe the conditions for~ a complete design of the .improvement.. All questions. regarding the true meaning ofithe conditions shall be referred to.'the Ro~d" Con~nissioner's Office. '- The landdivider shall protect dovnstmam properties from damages caused by alteration of the drainage patterns, t.e., concentra- tion of diversion of flow. Protection shall be provided bx constructing adequate drainage facilities including enlarging existing facilities or by securing a drainage easement or by both.. A11.dratnagei~easements shall be sho~n on the finalmp' .. andnoted:as',follo~s;i.~ 'Drainage Easement - no building, obstructions ,~ or~e~.~.~r~.~.. Chments: by '. 1 and. f t 11 $ are: al] i'Dwed ~? protectiDa .shal 1~ ;.~a~':'approved by'the .Road' De'per;: .true. ~t~!.~,:~:~.:.i:-.i':i. The landdivider shallaccept and properly dispose of all offsite drainage flowing onto or through the site. [n the event the Road Co~atsstoner permits the use of streets for drainage purposes;~the provisions of Article X! of Ordinance No. 460 ~ill apply. Should the quantities exceed the street capacity.or theuse~of Streets be prohibited for drainage, purposes;~.the:subdlvider shall provide adequate drainage' facilities a$"'approYedby the Road Department. Parcel Rap 23624 ~ Amend August 10, 1988 Page 2 3. Major drainage is involved on this landdivision and its resolution shall be as approved by the Road Department. 4. "A" Street shall be improved within the dedicated Fight. of way. in .'accordance with .County Standard No. 11I,' Section A." (56'/78'}..'' 5. The landdivider shall comply with the Caltrans reconmmndations as outlined in their letter dated_Ju_lv 5 lgR~ (a copy of which is attahced), prior to the recordation-of'the final map. The landdivider shall provide utility clearance from Rancho Calif. Water District prior to the recordation of the final map. A copy of the' final map shall be' submitted 'to Caltrans', District 08, Post Office Box 231, San Bernardino, California 92403; Attention: P~-oJect Development for review and approval prior to recordation. 8. The minimum centerline radii shall be 550' or as approved by the Road Department. 9. Rancho Colif. Road shall be improved with concrete curb and gutter located 43' from centerline and match up asphalt concrete paving; reconstruction; or resurfaclng of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated right ,....~of.wmy.)n accordance with County Standard No. lO0.' 10. Ynez Road shall be improved with concrete curb and-gytter located 38' from centerline and match up asphalt concrete paving; reconstructions or resurfactng of existing paving as determined by the Road Commissioner within a SO foot half width dedicated right of way in'accordance with County Standard No. All driveways shall conform to the applicable Riverside County Standards.. When blockwalls are~.required,.to,be~,.constructed on top of slope,'~ia. debris ratenil on'. wal 1 shal 1 be'"COnstructed at,,. the st'feet' r F,':,".Way 1the.to prevent':stlttng of 'sidewalks as approved by the Caemtssloner. Concrete sidewalks shall be constructed throughout the landdivision In'accoklance with County Standard No. 400 and 40! (curb sidewalk). Parcel Map 23624 - Amena ~1 August 10, 1988 gage 3 14. Prior to the recordation of the final map, the developer shall deposit with the Rivers)de County Road Department, a cash sum of $2,500 per gross acre as mitigation for traffic signal impacts. : Should the-developer choose to defer the time of payment, he may enter into a'written agreement with.the .County deferring said payment to the time of issuance of a building permit. 15. Improvenent plans shall be based upon a centerline profile extending a ~inimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Con~nissioner. Completion of road improvements does not Imply acceptance for maintenance by County. Oectrica) and communlcation's trenches shall be'provided in accordance with Ordinance 461, Standard 817. 17. Asphalttc emulsion (fog seal) shall be applied not less than fourteen days following place~nt of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt e~lston shall confom to Sections 37, 3g and 94 of the State Standard Specifications. 18. Corner cutbacks in conformance with County Standard No. 805 shall be shown on the final nmp and offered for dedication. 19. Lot access shall'be restricted On"Ra~c~ Caltf. Road and Ynez Road and so noted on the final mp 20. Lmnddtvislons creating cut or fill slopes adjacent ~o the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Deparlanent. 21. All centerline intersections shall be at gO* with a minimum S0' tangent ~asu.~red~ frommflow line. ~.'~ ' The street~deS~Jg~end,.iimprovemnt ~ concept 'of.~,th t s p~oJ act Shall be' 23. Street lighting shall be required in accordance with Ordinance 460 and 461 throughout the subdivision. The County Se~vtce Area (CSA) Administrators determines whether this proposal quelllies under an , existing assessment district or not. if not, the lmnd owner' shall Pa,:cel :.lap 23624 - Amend August 10, 1988 F ~.-:je 4 24. 25. 26. file an application with LAFCO for annexation into or creation of a 'Lighting Assessment District" in accordance with Governmental Code Section 56000. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans~. A striping plan is required for Rancho Calif. Road & Ynez Road. The removal of the existing striping shall be the responsibility of the applicant. Traffic signing and ~triping shall be done by County forces with all incurred costs borne by the applicant. Prior to recordation of the final map, the existing driveway located on the east side of Ynez Road approximately 80' south of the centerline of the proposed 'A" Street shall be relocated coincident to the centerline of 'A' Street or shall be closed as approved by the Road Co~tssioner. Very truly yours, ? ~ '6us Hughes Road Division Engineer R.C. NCI. E, B.¥il., M P.#. RIVERSIDE COUNTY PLANNING DEPT. 4080 Lemon Street Riverside. CA 92502 ATTN: Ron Goldman RIVERSIDE COUNTY PLANt, lING DEPARTt~IENT RE; PARCEL MAP 23624: Parcel .1 of Parcel .Map 22708 as shown by map on file in Book 149 Page 20 and 21 of Parcel Maps. Records of Riverside County California, also in the Temecula Rancho and in Section 1 and 12. TSS.. RJW.. S.B.M. (3 Lots) mlJL?N .,d. TTIM ~ll MO~T# J~OAOIi¥ BLY"It~. C;A SZ~2S C(~O~&. CA 11720 II~11,T 88D JdO~TO~ STATE ST. STREET Gentlemen: The Department of Public Health has reviewed Tentative Map No. 23624 and recommends that: A water system shall be installed according to plans-and specification as approved by the water cSmpany and the 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 dr&win9 to the County Surveyor. 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:.withrDi~':::.5'~::jHA'rt'l, Chapter ? of the'California. Health And:SAfety Code, California ~chninistr&tive Code, Title. 22, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. '3' Riverside County Planning Dept. Paoe Two Attn: Ron Goldman January 5, 1989 The plans shall be signed by a registered engineer and water company with the following certification: certify that the design of the water system in Parcel Map 23624 is accordance with the water system expansion plans of the Rancho California Water District and that the water service,storage and distribution system will be adequate to provide water service to such parcel. This certification does not constitute a guarantee that it will supply water to such parcel at any specific quantities. flows or pressures for fire prot'eCtion or'any other purpose" This certification shall be signed by & responsible official of the water company. The ~lans must be submitted to the County_ Surveyor's Office to review at least two week§_~f!or to the reouest for the recordation of the final man. This Department has a 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 subdivider. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. This Department has a statement from the Eastern Municipal Water District agreeing to allow the subdivision sewage system to be connected to the sewers of the District. The sewer system shall be installed according to plans'and specifications as approved by the District, the County Surveyor 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'Survey0r..]<The prints!i.~shall:~show.,theii'in[~rnal,pipe diameter~';,location~'of'. .. 'and the size of.:,'ih'b'"~'~"we'rs'~'at< the ii~unc'tion to the existing'system: ~;A singte; plat" indicating' 1'6~(i0~';,. ~ ' of sewer lines and'water' lines' shall be a portion of the , sewage plans and profiles., The plans shall be signed by a registered engineer and'the sewer district with the,following certification: "I certify that the'design of'the sewer.'system in Parcel Map 23624 is in '~ccordance 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 vastes from the proposed parcel." Riverslde County Plannlng Dept. Paoe Three Attn: Ron Goldman January 5. 1989 7'he ~E~ans must be submitted to the County Surveyor's Off3ce to rev3ew at least two weeks_Erior to the request for the recordation of the flnal maE. It wlll be necessary for flnancial arrangements to be completely flnallzed prlor to recordation of the f~nal map. i~~~~~m M~terry' ' · . ~tarian ~_nvironmenta] Health Services SM:tac KENNETH I.. EDWARDS CNle~F m'NG I N~I~R ! I'l,I IWAMKE'T ITR[Ir? P.O. BOX !0~3 'TI'J.~'PNON[ (714) 717-2OI 5 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. ~.~ G¢¢') ~T Re: We have reviewed this case and have the fo]]owing comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, 'All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent. ground surface. Erosion protectionsshall be provided, for mobile home supports.' This project is in the Area drainage plan fees shall be paid in accordance with the applicable r~les and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities'or' floodproofing may be required to fully develop?.to the tmpl led density. '.'::!,~;:i.?.,.~;~ ',:,~.,~',.,: ::':i, ,' ,,' The Dtstrtct's..,~rep0~t~,:'dated::"'~J~v~T,-/[qbf) is sttll current: or.:thts,;pro3ect. The Distrtct:does':not~:bb~ect'to':the ~proposed minor change. The attached comments. apply. Very truly yours, KENNETH L. EDWARDS C~ie~ Engineer(, ". /~OHN H. KASHUB $enior Civil Engineer DATE: A,..~ ~ (~0 KE:NN~'rH L- £DWARDS C:H Ilqr !:NGINE:IrR leeII klARKL~T ITRI'£T TTA-I'PHONr (714) 787.2015 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RI¥£RIUD£. CALIF'OlIINIX 1250~. Riverside County Planning Department County Administrative Center Riverside, California Attention: Area: Regional Team No. ! -1-c~c~lA V, Ile&~~N~I We have reviewed this case and have the following cor~ents: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a 'storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, 'All new buildings_shall be floodproofed by elevating the finished floors a minimum of ]B inches~'above'adjacent ground surface. Erosion protection shall be provided for mobile home supports.' This project is in the Mwrrie-E,, C.,:ck/'~,,~.1~ V~lley A. ~. P.. Area drainage plan fees shall be paid in accordance with the applicable rules and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control.facilities or floodproofing may be required to ·fully develop to the tmpl ted;,~denstty,.: . .-:. . ~':~ :' "-i:i: The'(ot's't'r.~'Ct?~:.'r~po~t dated ' ~'tS'!st"tll' current' for this project';;.?; The Dtstrtct does not object to the proposed Binor change. The ~ttached Comments apply. cc: NB /Lo ,-7 . Very truly yours, KENNETH L. El)WARDS 'Ct vKA~U~nAgtneer DATE: Rc A 21W : I~E: PLANNING D~PA.R~MENT ~TAM I - GP~G NEAL PM 2562¢ - K~D~D fl RIVERSIDE COUNTY FIRE DEPARTMENT IN GOOPERATION WiTH THE GALJFORNIA DEPAFCVMENT OF FOF~STRY RAY HEBRARD FIRE CHIEF * JUL 26 1988 RIVErsiDE COUNTY PLANNING DEPARTMENT Pl,,,rmi~ & F.t~inecring Office 4080 l.,emm'~ Street, Suite l ! i~Jvenid~, CA 92501 (714) 787-6606 With respect to the conditions of approval for the above referenced land division, the Pire ~epartment recommends the foZZowing fire protection measures be provided in accordance with ~iverside County Ordinances and/or recognized fire protection standards: PROTECTION ~he water main~ s~'~zZ! be eapabZe of providinE a potentiaZ fire flow of $000 GPM and an ac~Z fire f~o~ a~a~e fro~ any one hFdrant sh~ZZ be 2500 GPM for 2 hours d~ation at 20 PSI residu~Z operatin£ pressure. Approved s~er fire hydrants, (~"z4"z2~z2~) eha~Z be Zoeated at each intosea,on ~ spa~ ~t more ~n $$0 feet ~t in ~ direction, ~th no potion of anF Zot ~ron~e more, ~ .~ feet ~ a fire ~e ~pZie~t/deueZop~ s~ZZ provide ~t~ eertifiea~on ~ ~ ~prop~ate water ~an~ t~t t~ req~red fire ~~ ~e eit~r e~stin9 or fi~aZ ~a~en~ ~e been m~e to p~vide A~Zio~t/deveZ~er $~ZZ f~i~h ~e oop~ of ~ water ~t~ p~ ~ the Fire DepoSit for r~i~. PZ~ $~ZZ oonfo~ to fire ~t ~pe~ Zoca~on $pa~, ~ t~ ~ ~ mee~ t~ fire ~ req~r~ent~. P~ ~ZZ be ~ ~oZ~w eertif~on: :"I eer~.i~' .~t ~ de~ of ~e water ,..-.,.. , . , . ;. ,¢-.; . , ,/.;, ,;~, .. .... · ' ~O~D ~. ~I5 ~ef ?ire ~~t P~ner Officer County of Riverside Planninq - Kim Dittmer · DATE: 1-24-89 FROM: RE: Gradinq - Buildinq and Safety PM 23624 amd ~1 Condeptual Gradinq Plan Please make the following a conditoin of approval: Prior to commencing any grading in excess of 50 cubic yards, the applicant shall obtain a grading permit and approval to construct from the Building and Safety Department. Prior. to obtaining. a grading permit, a notarized letter of permission, from the affected property, for the off-site grading 'will be required~ Since some of that off-site is Cal Trans. property,'it could present a difficulty in obtaining notarized permission. Also required is verification that the underlying grading is permitted and approved by the Building and Safety Department. GEN. FORM 4, fi~v. 8/87) ::IiVER3iDE coun . PLAnnln DEP :I En March 24, 1988 (Revised June 30, 1988) · Converse Consultants Pasadena 67 West'Bellevue Drive, Suite A Pasadena, CA 91105-2501 Attention: Mr. Oavtd B. Simon Mr. Howard A. Spell man, Jr. SUBJECT: Alquist-Priolo Special Studies Zone CCP Project No. 87-31-344-01 Tentative Parcel Map 23624 Plot Plan No.' 10579 County Geologic Report No. 476 Rancho California Area Gentlemen: We have reviewed your report entitled, "Fault Investiga%.ion, County Assessors Parcel No. g23-D20-038, West Twin Lakes Area, "C-11," Portion of Tentative Parcel Map 22708, "Rancho Highland" Tentative Tract 21760, Rancho California, CA", dated December 28, 1987,.and youK.rp)Po.n)e, letter dated March 15, 1988. Your report' determined that:"" :../~ ... .~;. 1. No active faults or extensions of active faults are known to pass through the property; however, the extension of the active trace of the Wildomar fault is projected to within five feet of the easterly property line, as shown on the Site Plan and Geologic Map, Drawing 1. 2. Seven northwest-trending aerial photographic lineaments were observed within the'central and southern portions of the Rancho Highlands area. These lineaments.were not'observed projecting through the site. "3*:The.seismic;l;charact~r~stics of the~ildomar branch*of ther£1Sinore 'fault"areas follow~'-~'*' Maximum Credi'ble Earthquake - 7.5 Richter magnitude Maximum Peak Ground Acceleration - 0.63g Duration of Strong Shaking - 25-35 seconds .4. The potential for the. secondary seismic hazards of liquefaction, ';.~.' differential compaction,-landsliding, earthquake-induced flooding, .. seiches,.~itsunamis and.ground lurching are judged low'to nil for the subject site. ' 4080 LEMON STREET. g:" FLOOR R~VEIqSIDE. CALIFORNIA 92501 (?14~ 46-209 OASIS STREET. ROOM 30,4 II~DIO. CALIFORNIA 92201 ~6~.q, 342 ~277 Converse Consultants Pasadena - Z - ~rch ZS, I988 Your report reco~ended that: 1. A 50 foot building setback be established to the west of the projected active tract of the Wildomar fault as shown on Drawings I and 2 in your report,· ... 2. A soil and foundation engineering investiga'ti0~ ~hould ~e'c0nducted prior to finaltzation of the development plans. It is our opinion that Me report was prepared in a competent manner consistent with the present 'stat~of-the-art' and satisfies the requtr~nts of the A)quist-Prlolo Special Studies Zones Act and the associated Riverside County Ordinance No, $47, Final approval of thls report Is hereby given, We rec0mnend that. the'following conditions.be satisfied before recordation of the final map or issuance of any ~ermits associated with this project: I, The 'Fault Setback Zone' shown on Drawing 1, Geologic Map of your report shall be delineated on the Environmental Constraints Sheet {E.C.S.), and the area in between the setback zone shall be labeled 'Fault Hazard Area." note shall be placed on the E.C.S. stating: 'This property is affected by earthquake faulting. Structures for human occupancy shall not be allowed in the Fault Hazard Area. This constraint affects parcels ! and 2." 3. Notes shall be placed on the final land division map stating: 'This property is affected by earthquake faulting. Structures for human occupancy shall not be allowed in the Fault Hazard Area." (b) "County Geologic Report No, 476 was prepared for this property on December 28, 1987 by Converse Consultants, and is on file at the Riverside County Planning Department,. Specific items of concern ~. are'as. follows: earthquake faultSrig, seismic design of structures, and uncompacted trench ba6kfillJ' A copy of the Final Map and Environmental Constraints Sheet shall be submitted ~ the Planning OepartJnent Engineering Geologist for review and approval, :IiVER iDF. COUll;.u PLAnn;nc D;PAR;Iil;R; C~nverse Consultants Pasadena 67 West Bellevue Drive, Suite A Pasadena, CA 91105-2501 Attention':-. Mr.. Leona~d'.T::Evans, Jr." Mr:'Howard A. Spellman, Jr. t4arch 24, 1988 (Revised June 29, 1985) Gentlemen: SUBJECT Liquefaction Hazard CCP Project No. 87-31-344-01 Tentative Parcel )lap 23624 Plot Plan No. 10579 County Geologic Report No. 476L Rancho California Area, We have reviewed your report entitled "Liquefaction Investigation, West Twin Lakes Area "C-11," Rancho California, CA," dated November 23, 1987. Your report determined that the soils at this site are not considered · liquefiable. This is primarily because of the moderately high clay content of the clayey sand soils on the site. This determination was based upon your analysis of SPT and'CPT data accumulated on the site, two levels of peak ground acceleration {a. o.63 for the maximum. credible earthquake on ~the Wildomar branch of the Elsinore fault, b. 0.29g'for a 100-year design life.) and groundwater levels at both~existing'levels and a projected rise to the ~earby lake level. mitigation measures were recommended. SAK:pa It is our opinion that the report was prepared in a competent manner and satisfies the requirement for a geologic report assessing liquefaction hazards as required in the Riverside County Comprehensive General Plan. Final approval of your report is hereby given. '"~' .~ ~- :.::i ":'?'": .: '"','~-i-~i','~ !". :" ' ~. ~ ,. · "~ -. :...-"/'":. .. · . .... Roger,~. Streete/,/~anni~ Director . ,,. >.... :(".:.:.... ':::..."..L.,. , Steven A.' .Kopfe~// ,:....~ : ",::' :' 4080 LEMON STREET. 9"' FLOOR RIVERSIDE. CALIFORNIA 92501 ,,7 ~ a) 787-6181 46-209 OASIS STYEEl. ROOM :fO-'~ INDIO. CALIFORN!:, H'-'~",., ! ~ ~ '.t: .".,: :: :':.' ,' .' Converse Consultants Pasadena - 3 - ~rch 25, 1988 The recon~nendations made in this report shall be adhered to in the design and construction of this project. SAK:sa CoCo Very truly yours, '"' RIVERSIDE CouNTY~.LA~NING DEwPARTHENT- ,oge r~eete~~~~' 1 any Director Steven A. Kupfermt~n-/ Engineering Geolj~l~i~t CEG~1205 Herron & Rumonsoff - Architects Csaba Ko, Rancho Calif. Der. Co. Roy Schlemon Earl Hart, CDMG Norm Lostbom, Building and Safety Greg Neal - Team ! ~I'AT~ OF C. ALIFC~NIA--~U$1~FS5. TRA~PO~TATIC~I A~ ~ DEPARTMENT OF TRANSPORTATION ~1~ I. P.O. ~x 231 ~N ~N~O. ~ ~ GEORC~ I~UKMEJtAN. July 5, 1988 ,., uu.. o ? 1988 RIVERSIDE COUNTY PLANNING DEPARTMENT Planning Department Attention Mr. Greg Neal County of Riverside 4080 Lemon Street Riverside., 'CA 92501 " Dear Mr. Neal: Development Review 08-Riv-15-4.68/4.98 Your Reference: · T PM. 2'3'62 4 Thank you for the opportunity to review the proposed Tentative Parcel Map 2362q located easterly of 1-15 at the southwest corner of Rancho California Road and Ynez Road in Rancho California. Please refer to the attached material on which our comments have been indicated by the items checked and/or by those items noted under additional comments. If any work i's necessary ~ithin the state highway right of way, the developer must obtain an encroachment permit from the Caltrans District 8 Permit Office prior to beginning work. If additional information is desired, please call Mr. Patrick M. Corm ally at (71q) 383-q384. Very truly yours, ':i. ~ .::'. rjt~i:)OW District Permits Engineer Art. cc.' Lee Johnson, Riverside County Road Department DEVELO?!~iNT ~ FORM r Reference) WE WOULD LIKE TO NOTE: Although the traffic and drainage generated by this proposal do not appear to have a significant effect on the state highway system, consideration must be given to the cu-~lative .effect of continued developrant-in this area. An~ measures. necessary.'to mitigate' the o-~latl.ve :impact of'traffic. 'and drainage should be provided prior to or with development of the 'area that necezsitates 'them. It appears that the traffic and drainage generated by this proposal could have a significant effect on the state hlg~ay system of the area. Rny measures necessary to mitigate the traffic and drainage impacts should be included with the develop-~nt. This portion of state highway is included in the California Master Plan of State .Highways Eligible for Official Scenic Highway Designation, and in the future your agency may. wish to have this route officially designated as a state scenic highway. This portion of state hig~ay has been officially designated as a state scenic highway, and development in this corridor should be compatible with the scenic highway concept. It is ~ecognized that there is considerable public concern about noise levels adjacent to heavily traveled highways. Land development, in order to be compatible with this concern, may require special noise attenuation measures. Development of property should include any necessary noise attenuation. Normal right of way dedication to provide- . half-width on the state hi~ay. Normal street improvements to provide half-width on the state hig~ay. Curb and &utter, b~cate Standard along the state highway. Parking be prohibited along the state higJ~ay by painting the curb red and/or by the.proper placement of "no parking" signs. ]~dard Mheelcbair 'r-? ~__,-~t.be .providedin.the returns, ' A positive~:' :'~:ve~m~:'~barri~':ai"o~ the.pt_operty fronta_g'e be to limit' physical a~eeas to the state highway. (~.~:. ~ provided Vehicular access ~ot be develope~ directly to the state higl~ray. driveways. Vehicular aooe~ to the state higl~ay be provided by existing public road standard Vehicular access shall not be provided within of the intersection at Vehicular access to the state highway be provided by a road-type connection. 'Fore 8-PD19 (Rev. 5/87) (Continued on reverse) Vehicular access connections be paved at least within the state highway right of way. Access points to the state highway be developed in a manner th~.t will provide sight distance for mph along the state highway. Landscaping along the state highway be lo~ and forgiving in nature. A left-turn lane, including any necessary widening, be provided on the state Consideration .be given to the prov~lo.n,~~re~gvisi~n, of the ~te ~y. *" *. ' A treE, e/study indicating on- and off-site fl~ patte~s and vol~s, probable i~cts, and pro~ ~tigation ~asures be pre~r~. A~equate off-street parking, which does not require backing onto the state highway, be provided. Parking lot be developed in a manner t~t will not cause any vehicular movement conflict's; including parking stall entrance and exit, within of the " entrance from the state highway. Handicap parking not be developed in the busy driveway entrance area. Care be taken when developing this property to preserve and perpetuate the existing drainage pattern of the state highway. Particular consideration should be given to cumulative increased storm runoff to insure that a highway drainage problem is not created. " : A ~op7 of any conditions of approval or revised approval. Any necessary noise attenuation be provided as part of the development of this proper~y. Please refer to attached additional c~m~ents. ~opy of any doc~m~ts .providing additional state highway right of way upon · reco~ation of the ~ap. LIKE THE OP~ TO REVI~ DURXM~ THE APPBOVAL PROCE~: A copy of the'traffic or enviror~ental study, if required. A check print of the Parcel or Tract Map, if required. A check print of the Plans for any 4_mprov~nts within the state highway right of way, if required. A check print of the Grading and Drainage Plans for this property ~hen available. OIr RIVT. ASID[ i:)rb, PAKI'I!:NT oIr I, rr.J ~ DIVISICI( ~ ,4 RE: SUBDIVISION NO. PARCEL MAP NO. ? .~~ HOBILEHOKE, T.T., R.V. PARK PARCELS/LOTS 5 ~.. ·. 'HAP SOiEDULE THE COUN'P/ OF RIVERSIDE DEPARTNENT OF !!EALTIt HEREWITH APPROVES: DO!~STIC SEWAGE DISPOSAL FOR T1~ INDIVIDUAL LOTS OF THIS SUBDIVISION, ETC. BY HF.~IS OF: PARCEL ii:11'TIC TAI~ 11114: . t01!l II~iBILIW IT, ST II1' I. Lr. Ao( LI!(I IITI,,I tO0 GIJ.. oIr IrjI, TIC TANC CAP)CITY. 1. Kr.J,AGI: pl~ IITH OALIIe. FT. IDAY. OR ~I.A'T. I,'r. Is' DIA, I. VlWT. IT. ~ IO0 GAZ..S. Of' SIPTIC TAi, IC CAPACITY. KIhlJd DI:II'TId 9 Si::rbJ~A~: PI~ . D!~ irIS:RS K I INSTA3.LI:D IrON THII I,N~ICT {GC II.I K Xll W (1' DIA.) e DO!~STIC I~TER aamco ,N ~R,TmG TO ~um~m Da4ST~C ~AT~ TO ~ Ne ~ ~OT NO ~TI:R I'YITI)I lB Iq~ll~ I~ TI'111 ~ OlVlll~ J~ C, ~ D, OTI'I:R REGION: ' APPROVAl., LETTER, DATED 4. ~"' ,'-'.'..~: .. ' "-'L'~!~ ZFOP. ZA GZ0N U.qu^ .z'rv CON'toOL. IUI)lV!$iOl'ql.| xm'R~JTl~: wHrr~ ~alvlca 4. ~.~4q~ PI~.~ Qua~ C~,and Beam DC}H-S.a,X-OSS fRev. 11/843 · '-Riverside. County -'Planning 'Depart~,,...~TDt 4080'Lemon Street, 9th Floor Riverside, California 92501-3657 Subject: Water Availability Reference: Co,,.~ercial Parcel Map 23624 Gentlemen: Please be advised that the above-referenced proper~:y is located within the boundaries of Rancho California Water District. Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Senga Doherty at (714) 676-4101. Officers: Start T. Ge~.ml Manager p~lllip L. Forbes Di~cwr of Finance - No~ L. Tbom~ ~r ~ ~o~ & M~~ M~&~~ ' · "'Fo12/J kw19'4'f ' Very truly yours, RANCHO CALIFORNIA WATER DISTRICT Bob Lemons Design.Engineering Manager/. RANCHO CALI FORN I'A WATER DISTRICT 28061 DIAZ ROAD · POST OFFICE BOX 174 · TEMECULA, CA 92390-0174 · {714) 676-4101 · FAX (714) 676-061 RiVERSiDE county PLAnninG DEPARQ IErlC APPLICATION FOR LAND USE AND DEVELOPMENT DATE: 5-16-88 ~ CHANGE OF ZONE NO. r~ CONDITIONAL USE PERMIT NO. ~ PARCEL MAP NO.. ~'PLOT~L~N NO. · ' PUBLIC USE PERMIT NO. TRACT MAP 'O. O TEMPORARY USE PERMIT 23624 .. - . [3 VARIANCE NO. ' 'Jl~i~'~8' RIVER$1UE COUNTY INCOMPLETE APPLICATIONS WILl. NOT BE ACCEPTED. PLANNING DEPARTMENT AIN~LICANT INFORMATION 1. ADphcant's Name: Mailing Adclress: Telephone NO.: 2. Ow~?s'Name: RANCHO CALIFORNIA DEVELOPMENT COMPANY 27405 Ynez Road, Rancho California, Ca. ( 714 ) 676-5641 (S&m.-SD.m.) KAISER DEVELOPMENT COMPANY 27405 Ynez Road, Rancho California, Ca. 92390 92390 Mailing Adclress: S,,E[~ coy Telephone No.: ( 714 ) 676-5641 (8&m.-51~m.) 3. Remesentative: NBS/LOWR¥ INC. 27403 Ynez Road, Suite 209, Rancho California, Ca 923 Telephone No.: ( 714 ) 676--6225 (S a.m.- S p.m.) NOTE :If more than one person is involved in the ownership of the property being cleveloDed a separate page must be attache~ to this application which lists the names and aclclresses of all persons having an interest sn the ownership of the property. B. · FIK)JECTINFORMATION ' " :" . 1. Purpose of Request (describe project): (Ordinance 348 ref. no.) Commercial Parcel Map for Land Development 2. ReLated ca,es filed in conjunction with this request: S.P. 180 E.I.R. 177 C. I~O!~RIT INFORMATION I. As&e~so?sParcelNo(s). .923-020-043 2. General Iocltk~n (sti, eet address. etc.) Southwest Corner of Rancho California Road and Ynez Road.. . · 3, Secllo~ '"'"" ~ ': Township' 8 SOuth Range 3 West 4. A,olwoximlteGro~Acmage: 37 Acres Z 5. Legal (:leacription Igh~ exact legal delcri~io~ I~ reCOrded in the Offioe ol the County Recorder). May be attached. See Attached 6. T~omms Brot~ec~ Pege No. and Coordinates: -- : / / SIGNATURE OF APPLICANT ~ ,A,T~,Y I~'L' % / DATE May 16, 1988 Authonly fo~ thi~ alx)ii~tion is hereby given: SIGNATURE OF PROPERTY OWNER~)/~ Gregory~A c:l~t~^u~,o~r~ u~v~ A~c Area Manager, Commercial 4080 LEMON STREET, g'" FLOOR RIVERSIDE, CALIFORNIA 92501'3657 (714) 787'6181 46'209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342'8277 REQUIRED PROPERTY OWNERS NOTIFICATION INFORMATION APPLICA'F]ONS FOR: PARCEL MAPS 18.30 PLOT PLANS Reclulrin; Environmental TRACTS Assessments (Multifaro ly.Commerc~a . ZONE CHANGES Industrl·l) CONDITIONAL USE PERMITS VARIANCES PUBLIC USE PERMITS TEMPORARY USE PERMITS WIND ENERGY CONVERSION SYSTEM The iC~lo~inG items ~ill'be ;'eclqi're~ at the t,me of tiling of the ·bove not·cS casa 1. 'TWO ident"~..al I~lck,lg'es to I~ ir~sartecI in sapIrate- 9%" X 12~h"'l~lhila.envelol:)e~.Thesa any·loDes shall incise'ate the case nur~,er ·ncl the v~:)rd 'll~be16.' ·rid ·hall cont·in the following: · , .l~.e. ~ tyl:)e(~ .-let .of. gummed labels ShOwcaSing III the Drol:)erty owrte f~ ' names · nd t he mailing ·d0resses t hat a re w~ ~,r~ a : "-30~4oot radius of'the ~xterior of their I)rOI)osecl I~o~"Ct {this hat ·hall be ·scertwnecl !tom the I·Sl e(3uauze~ Assessment roll.) b. A DhotocoDy of the ·fo~ementioned labels. C. One label for the &pphc. lnt/engineer. r. d. One label for the owner. e. FOR I.,I, ND DIVISION C&$ES ONLY: An 81/~" X 1 1" reduction of the tentative maD. 2 Four ty13ed sets ol gummed labels of the ·l:~:)hcant. ow~er,engineer.·nd rel~'esamat,ve w,th their mailing actdresses Do not inclu~e dUDl~.ate sat· where &pphcant ·nd owner.etc.·re the same .These should stal:~ed to the out·/~e of o~e of the langemanila any·loire· mentiohed in item 1 above.- 3. Certit~cation bythe title company.engineer.or surveyor that the above hat i· complete and ·ccur·te.The T·x Assessor ~ Ofi~ce will ~ot I~el~re o~ ceftin/the prOperty. Owner list ~ee certification fom~ below). 4. On · col~/o~ your exhibit o~ tentative mad show ~11 ~rcels within 300feet. On the maD.Drint the names of all DroDe~ly Owners w~thm 30Of·at &$ they are I~ted on the gummed labels. The above noted information may be obtained by contacting · title insurance company in the R~ver~ide County area. J~ROPERTY OWNERS CERTIFICATION, NAME: TITLE/REGISTRATION: ADDRESS: PHONE: SIGNATURE: DATE: CASE NO. F.,A NO. STAFF USE ONLY ENWRONMENTAL INFORMATION FORM Please coml:~ete Parts I and II of this form end provide WI of the a~k:litm~tal materials re~tue~ted in Part III. Failure to do so may ~elay the review and process of your prolect. If you are unable to Ixov~e the info~mat~on, or you need assistance. please fee~ free to co, tact the P~anning De~arlment ·t (714) 787-6418. PART I: General Information 1. What ~s the Total Acreage involved? 3 6, ? 2. Is there a previous al:~lication filed for the ssme site? YES ~ NO If 'Yes,' provide Case Number. Also promde the Environmental AMassment Numt~r. if know~ and En¥ironmentat Impact Rel:x:~ Number. if applicable. CASE NO. S · ~. ].80 (Parcel MaD'Zone Change etc.) ' E.A, NO. I~ Known), EIR NO. 1_ 77 3. A0dmonal comments you may wish to ·Upl~y regarding your fxoject. (Attach ·n ·Oditional sheet if necessary ~ PART II: Environmental Que~tionneire 1. Is the I~OjeCt wdhin an AIQuist-Priolo Sl:~',ci·l Studies Zone? YES ~ NO [~ TO Oatermine if your project is located in · Specml Studies Zotte. contac1 the Public Information Sachon. or refer to the Sl:~;::=al Study Zones Maps available It the Public Information Counter of the Planning Department. If the project ~s w~t h~n a zone. refer to Ordinance 547.1. or discuss the situation with the County Geologist. If · fault hazard report is necessary, compete the investigation Ixior to ·iJbmitting your aDplic,~tion an0 prowale 6 cop~es of 'the ~;x:)rt with this lotto. If I waiver of the re~luirements is granta~ ~J'ornit · col:)y of the waiver with this form' 2. IS the I~0lect located within · hnzard.m·n&gement zone or li~lUif·ction ar~.· Is shown On maps of the "Seismic Safety mens Tecl~nical Report"? YES D NO · TO delermine if your Dropact is subject to the geologic hazards noted above you should COnSult the'Seismic Safety & Safety Element Technical Report" which is available at the Public Iofon~ation Counter of the Planning Department~ If the answer to question e2 is 'Yes,' contact the al:~ropr~ata Geographic Planning Team Section to discuss appropriate measure to minimize the hazard. InCOrporate any mWgation measures into the I~oject design prior tO submithng the aDDhca- tio~ ot indicate in the r~oace provk:led below the results of ymJr discussionS with the Planning Team. 3. If you~ i~oject is in the desert area. is it within · biow~nd hazard area? YES E) NO {~ The Planning Offices in Indio and Riverside will i~rovi~e you with information COncerning blow·and hazards. You may also w~sh to contact the U.S. Soil Conservation Service. ff ym~'l:~:~ct is subject to blow·and hazards, submit · blow·end control plan with the iI~l~,.ation. (Also refer to Section 14 1 of O~inance 460. if your pro~ect is I ~arcel map or subdivision). Is water se~ice ·~ilable it the Ixoject site? YES [~ NO E~ If 'No.' how far muSt the water line(s) be extended to provide sewiCe? Nu~13er of leaf or miles Furthe~ exit·nation: 5. la ~r ~ervice available at the site? YES I~ NO D If 'No,' ho~ tar must the water line{s) be extended to provi le sewice? Number of feet or miles 6. ~ Comments: PART III: Additionll Minerhis 7he fe4o~ng item· mu~t be ~Jbmitted with this form: 1. At ~ thre~ (3) I~anofamtc pho~ograph· (color ~n~ ~ ~ ~ ~ ~ ~ ~e, A~ ~e t~ t~M I ~ ~t I ~ ~t~ ~ ~i~ in P8~ I ~ II ~ ~ ~ mm ~ e~ ~ to t~ ~st 'of my ~e. RIVERSIDE COUNTY PLANNING DEPARTMENT COUNTY ADMINISTRATIVE CENTER, NINTH FLOOR 4080 LEMON STREET RIVERSIDE, CALIFORNIA 9Z501-3657 Roger S. Streeter, Planning Director .i PU~L[C HEAR. IIB has 'been "s~heduled'before.. the iq. ANNI#$'.~ISSION to conSider-the application{s) described below. The.'Planning Department' 'has tentatively found that the proposed project(s) will have no significant environmental effect and has tentatively completed negative declaration(s). The Planning Commission will consider whether or not to adopt the negative declaration along with the proposed project at this hearing. Place of Hearing: Board Room, 14th Floor, 4080 Lemon Street, Riverside, CA Date of Hearing: WEDNESDAY, MARCH 15, 1989 The time of hearing is indicated with each application listed below. Any person may submit written comments to the Planning Department before the hearing or may appear and be heard in support of or opposition to the. adoption of the negative declaration and/or approval of this project at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The environmental finding along with the proposed project application may be viewed at the public information counter Monday through Friday :from 9:00 a.m. until 4:00 p.m.' ~.,.. COMMERCIAL PARCEL HAP NO. 23624, EA 32864 is an application submitted by Rancho California Development Co. for property located in the Rancho California Area and First Supervtsortal District and generally described as being south of Rancho California Road and east of Ynez Road which proposes to.divide 37 acres into 3 lots and I rematnde~ lot · . ' TxIm. E OF'HEARXM$: 1:30 p.m. - I:'RDPiiETI' OFA~ R~ LYSA DELEON ~AY 11, !988. She attached' R.ropert7 owners (~onth-day-Te'ar)' · · - ' · .. ~repared by FIleT &~RICA~ TITI~ IN~UIL4RCE CX~PA~ pursuL~t %O .iS~ ~ I ~mple~e ~d %~e ~ila~ion of ~er of the eubJect ~r~y ~d all o~er ~ro~erty o~e~ ~tn, ~00 feet of ~e ~e~y further certify that the ~uformatfon flied ~e true.and oorrect to the ,ess of I~' hnow2edre; I understand $hs~ Incorrect or erroneous Information ~T be Wrounds for rejection or denial of the application. L¥$A DELEON ~T~/ ~0,~: (SOS) IGNATU~: LTI:: Lqus~oner Service Representative S625 Fourteenth Street Riverside. California T14-187-1130 SEE AT~A(NED PANCHO CALIF. DEV. CO. P O ~OX 755 TEMECULA ,CA 92390 921-270-020 PANCHO CALIF. DEV CO. P O BOX 755 EMECULA ,CA 92390 921-270-021 VILLA HERMOSA P 0 BOX 577 TEMECULA, CA 92390 923-020-008 LEAF , MARK H. P O BOX 413 SEDRO WOOLLEY, WA 98284 923-020-009 P 0 BOX 577 TEMEC~LA , CA 92390 923-020-021 BODGE, CLAYTON C. P O BOX 1207 SAN JUAN CAPISTRANO, CA926/5 923-020-023 RANCHO CALIF. DEV CO. P 0 BOX 755 TEMECULA, CA 92390 921=270-022 VILLA HERMOSA INV. P O BOX.577 TEMECULA ,CA 92390 923.-020~010 VILLA HERMOSA INV P 0 BOX 577 TEMECULA ,CA 92390 923-020-024 PRICE, TED G. P 0 BOX 577 TEMECULA ,CA 92390 923-020-011 VILLA HERMOSA INV. P 0 BOX 577 TEMECULA ,CA 92390 923-020-025 RANCHO CALZF'DEV C0. P O BOX 755 TEMECULA ,CA 92390 921-270-024 BURTON, MICKEY.L. 3836 CALIFORNIA ST. NORCO, CA 91760 923-020-012 LIEBERMAN, JANE P 0 BOX 2756 PANCHO SANTA FE ,CA 92067 923-020-014 PRICE, TED G. P.'O BOX 577 TEMECULA ,CA 92390 923-020-013 MURPHY, ARTHUR B. P O BOX 479 TEMECULA ,CA ~2390 923-020-015 BODGE, CLAYTON C. P 0 BOX 1207 SAN JUAN CAPISTRANO ,CA 92t~5 923-020-018-5 LIEBERMAN, JANE P O BOX 2756 RANCHO SANTA FE ,CA 92675 923-020-022-8 ' JOHNSON, WILLIAM P. 29400 RANCHO CALIF. RD. TEMECULA ,, CA 92390. 921-320-009//:,-,~ '. '. IL~.NCaO C!~rl'F.3, 'ASSOC. NO. 2 c/o LA.qDG~A.,'el DEr 11625 ' HIG!tBLUFF ~ 212 SAN DIgCO. ~CA 92130 921-320-010 TM . ¥! ,,:.. 98 [oAt u: ST.' AIEA B!,~.:96701":2' ' '-'i:? '" 923-020-005' GREMANIS, JAMES N. 27765 TIERRA VISTA ~D. TEMECULA :~, CA 92390 923-020-0i6': ,- ":~-:' .... :,. ;,,-,.~.:;; :, , -, .. . ~ .:., ~;',.,.;~'~ ...., : FEDDERSEN? PHYLLIS A~ 1225 MINDO DR. POMONA ,CA 91767 923-020-017 30250 RANCHO CALIFORNIA, CA92390 923-020-019 VILLA HERMOSA P O BOX 577 TEMECULA ,CA 92390 923-020-026, ALBERT WARD W. 27403 YNEZ RD ~ 203 TEMECULA ,CA92390 923-020-027 BODIE, CLATTON C. P 0 BOX 1207 SAN J'dAN CA2ISTRAN0, CA 92675 923-020-028 PRICE, TED G. P O BOX 577 TEMECULA ,CA 92390 923-020-007 GUND, FRED 17509 ST. ANDREWS DR. POWAY ,CA 92064 923-O20-020 VILLA HERMOSA INV P O BOX 577 TEKECULA, CA92390 923-020-029 CALIFORNIA CANADIAN BANK" 700 N. CENTRAL AVE. GLENDALE, CA 91230 · 923-020-030 BROOKS, THOMAS HICHEAL 27857 TIERRAVISTA RD. TEMECULA ,CA t2390 923-020-031 VILLA HERMOSA INV. 1250 6th ST. SANDIEGO, CA 92101 923-020-032 : RANCHO CALIF. DEV CO. ? O BOX 755 TEMECULA ,CA 92390 923-020-038 RANCHO CALIF. DEV CO. P 0 BOX 755 TEMECULA ,CA92390 923-590-005 RiVER3iDE county PL nnirK; DEP, ::ICl;IEnC ENVIRONMENTAL ASSESSMENT FORM: ENVIRONMENTAL ASSESSMENT (E.A.) NUMBER: '~ ~-~{.~./'/ PROJECT CASE TYPE(s) AND NUMBERS(s): ~~c-~-j~ NAME OF PERSON(s) PREPARING 'E~.: ~ cs ~z,~ / ' I. PROJECT INFORMATION STANDARD EVALUATION MODULE NUMBER(s): DESCRIPTION (include propo~.~d ,minimum lot size and uses as applicable): ~..(.,:.. ~," B. TO~AL PROJECT AREAc ACRES ~-' ~'-~-'~ '~< '-'~ ; or SQUARE FEET C. ASSESSOR'S PARCEL NO.(s): ~'~ '-~ - O z ~ - ~" V ~ D. EXISTING ZONING: E. PROPOSED Z~NING: F. STREET REFERENCES: IS THEPROPOSAL INCONFORMANCE? " IS THEPROPOSAL INCONFORMANCE? '_//~_ ,( ..,...'.-- G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: H. BRIEF DESCRIPTION OF ~ EXISTING ENVIRONMENTAL SETI'ING OF THE PROJECT SITE AND ITS SURROUNDINGS: ....'.,.:../~,.-[,,.,..;.,. ..,..i:,.. :~.:. .. ~., ,:. ~_....I,,.;z A /~..~ ,,~ ~L,. /.r!,,.-. /.., ""::'~'~'~' "~' ' "':" ' ' ¢ ' ' '~" ::' '~ ' ¢.~<,~,,~,--~.' ' I,'~'-=-~,~'" ,,("-.. 2 "?..=. ',_(~..~. .,:. ."' ,. ' ' ;'~ -~','.'.,-.~' ~ ' ' . ... IL COMPREHENSIVE GENERAL PlAN OPEN SPACE AND CONSERVATION DESIGNATION "~ ~'"aPprop~ie_"Option(.) below ~nd ' "proceed accordingly. ' '.- ~.. All or part of the project ~ is in "Adopted Specific Plans," "REMAP" or "Rancho Villages Community Policy Areas". Complete Sections III, IV (B and C only), V and Vl. r-] All or part of the project site is in "Areas Not Designated as Open Space". Complete Sections III, IV (A, B and D only), V and Vi. [] All or part of the project site has an Open Space and Conservation designation other than those mentioned above. Complete Sections III, IV (A, B, and E only), V and Vl. ENVIRONMENTAL HAZARDS AND RESOURCES ASSESSMENT A. Indicate ~ nature of the proposed land use as determined from the descriptions as found in Comprehensive General Plan Figure V1.3 (Circle One). This information is necessary to determine the appropriate land use suitability ratings in Section III.B. NA - Not A,oDlicable Critical Essential Normal-High Risk Normal-Low Risk B. Indicate with a yes (Y) or no (N) whether any environmental hazard and/or resource issues may signif~,antly affect or be affected by the p~. All referenced ~gures are containeel in the Comprehensive General Plan. For any :_~-s~__us marked yes (Y) write additional data sources, agencies co. suited, findings of fact and any mitigation measures under Section V. Also. witere indicated, circle the approc)riate land use suitability Or noise acceptability rating(s). (See definitions at bottom of this ;)age). HAZARDS 1 .~ Alcluist-Prioto SF..~'ial Studies or County Fault 1 Hazard Zones (Fig. I/1.1 ) NA PS U R (Fig. Vi.3) Liquefaction Potential.Z0ne (Fig. t/I.1 ) NA S PS U R (Fig. Vl.4) Gro~ndshaking Zone (Fig VI.1) 14. NA S PS U R (Fig. Vl.5) Slol:)es (Riv. Co. 800 Scale Slope M&os) 15. Landslide Risk Zone (Riv. Co. 800 Scale Seismic Maps or On-site Inspection) 16. NA S PS U R (Fig. Vl.6) Rockfall Hazard (On-site Inspection) 1~:~ Expansive Soils (U.S.D.A. Soil 1 Conservation Service Soil Suweys) 19.//~/ Erosion (U.S.D.A. So~ Conservation 20. Service Soil SurveyS) 21. Wind Ersosion & Blowsand (Fig. VI.1, 22.:~:~_ Ord. 460, Sec. 14~ & Ord. 484) 23. Dam Inundation Area (Fig. Vl.7) 24. Floodplains (Fig. VL7) 25. NA U R 2.v_~ 13../~ / (Fig. VI.8) Airport Noise (Fig. 11.18.5, 11.18.11 & V1.12 & 1984 AICUZ Rel:~ort, M.A.F.B.) NA A B C D (Fig, VI.11) Railroad Noise (Fig. V1.13 - VI.16). ' NA A B C D (Fig, VI.11 ) Highway Noise (Fig. V!.17 - Vl.29) NA A B C D (Fig, VI.11 ) Other Noise NA A B C D ' (Fig, V1.11) Project Generated Noise Affecting Noise Sensitive Uses (Fig. VI.11) Noise Sensitive Project (Fig. V!.I 1 ) Air Quality Impacts From Pro}ect Project Sensitive to Air Quality Water Quality Impacts From Project Project Sensitive to Water Quality Hazardous Materials and Wastes Hazardous Fire Area (Fig. Vl.30 - VI.31 ) Other Offter 27./J : · RESOI3RCES Agriculture (Fig..VI.34 ;'VI.35) :: 32 '~ Scenic Highways (Fig. VI.45) :' In or Near an Ai~' '~'Prem~rve '-::.'7' ;' Historic Resources (Fig. VI.32 - VI.33) ' -': (Riv, CO. Agricultural Land Conversation. Archaeological Resources Contract Maps) '- (Fig. Vl.32 - Vl.33 & Vl.46 - Vi.48) Wildlife (Fig. Vl.36 -.Vl.37) . 35.1/.._ Paleontological Resources Vegetation (F';. W38 ~ Vl.40) ' · ~to~ogk-.~ Resources Map) Mineral Resources (~tg. VIA1 - Vl.42) 36./~ Other '. 37. , ,:,.. . Definitions for Land Use Suitability and Noise Acceptability Ratings NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R - Restricted A - Generally Acceptable B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged 395-70 (Nev/12/87) 2 LAND USE DETERMINATION Complete this part unless the I~'oject is located in ~"* r~3nt~ Specific Ptan~ "REMAP" or "Rancho Vifiages Community Policy Areas." 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s): 2. LAND USE PLANNING AREA: 3. SUBAREA, IF ANY: 4. COMMUNFI'Y POUCY AREA, IF ANY: 5, COMMUNITY PLAN, IF ANY: 6, COMMUNITY PLAN DESIGNATION(s), IF ANY: 7. SUMMARY OF POLICIES AFFECTING PROPOSAL: For all projects, inidcate with a yes (Y) or no (N) whether any public facilities and/or services issues may significantly affect or be affected by the proposat. All referenced figures are contained in the Comprehensive General Ptan. For any issue marked yes (Y), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V. PUBUC FACILITIES AND SERVICES 1. ~ Circulation (Fig. IV.l-IV.11. Discuss in 10. Sec. V Existing, Planned & ReQuired Roads) Bike Trails (Fig. IV,12- IV,13) Water (Agency Lette~) Sewer (Agency Letters) Fire Services (Fig. N.16 - N.18) She~ Services (Fig N.17 - W.~8) Schools (Fig. IV.17- N.18) ~. Solid Waste (Fig, N.17 - IV.18i . Parks and Recmaion (Fig. ~V.19 - IV,20) 7_,4J 17. Equestrian Trails (Fig. !V.19 - IV.24/ Riv. Co~ 800 Scale Equestrian Trail Maps) Utilities (Fig. IV.25 - IV.26) Libraries (Fig. IV.17 - IV.18) Health Services (Fig. IV.17 - IV.18) Airports (Fig. 11.18.2 - 11.18.4, 0 & rv.27. rv.36) City Sp~ of Influence. -- Other C. It all or part of the project is located in "Adogted Specific Plans", "REMAP" or "Rancho V'dlages Community Policy 2. Based ort this initial study, is the pro13osal consistent with the policies and designations of the appropriate document, and therefore consistent wi~ ~ Com~ive ~1 Plan? If not, explain: ~;fl/~' ~, 295-70 (1',l, ew 12.~7) 3 IV. LAND USE DETERMINATION (continued) D. ff all o~ part of ~ project site is in "Areas not Designated as Open Space", and is not in a Community Plan, complete questions 1, 2, 3, 6 and 7. Complete questions 4, 5, 6 and 7 if it is in a Community Ptan. 1. Land use category(ies) nece~__~_ry to suDport the proposed projecL Also indicate land use type (i.e. residential, commercia], etc.) Current land use cetegory(ies) for the site based o~ existing conditions. (i.e. residential, commerciaJ, etc.) Also indicate land use type 3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain: 4. Community Plan designation(s): 5. Is the proposed project ccmsistent with the policies and designations of the Community Plan? If noL explain: o Is the proposal compatible with existing and proposed surrounding land uses? If not, explain: 7. Based on this initial study, is the proposal consistent with the Comprehensive General P~an? If not, reference by Seclioa and Issue Number tho~e Issues identifying Inconsistencies: , . ~ ':?. . . : . , ',~,~' '~ .' ..... If all o~ part of lhe project ~ is in an Open Space and Conse~tion designation, complete the follow~ngl" 3. Based on this initial study, is the proposal coasisent with the Comprehensive General Plan? ff not, reference by SectJo~ and Issue Number those issues identifying inconsistencies: V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED: DATE DATE ADEQUACY SECTION/ INFORMATION INFORMATION INFORMATION DETERMI~TIO~ ISSUE NO. REQUIRED REQUESTED RECEIVED (YES/NO.DATE) For each issue marked yes (Y) under Sections III.B and IV.B, identify the Section and issue number and do the following, in the format as shown below: 1. Ust all additional relevant data sources, including agencies cortsulted. 2. State all findings of fact regarding environmental concerns. 3. State specific mitigation measures, ff identifiable without requiring .an environmental impact rel~ort (E.I.R.) 4. If additional informatio~ is required before the environmental assessment can be completed, refer to Subsection A. 5. If additional sheets are needed to complete this section, check the box at the end of the section and attach the necessary sheets. SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued) SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: VL ENVIRONMENTAL' lidPACT DETERMINATION: r ~ ~ ' ~ ~ : ~ ~ mltigattcm measures described '~ in Secticm'V have been applied to the project and a Negative Declaration may be prepared. {or) [] The project may have a si. gnificant effect on the enviro~mant and an Environmental Impact Report CITY OF TERECULA ENGINEERING DEPARTRENT FEES AND SECURITIES REPORT PARCEL MAP / TRACT NO. 23624 DATE 12/12/90 FAITHFUL PERFORMANCE SECURITY IMPROVEMENTS Streets and Drainage $ 254,500.00 $ Water $ 94,000.00 $ Sewer $ 39,000.00 $ TOTAL $ 387,500.00 $ *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD ~9 Road and Bridge Benefit Fee Other Developer Fees Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date i Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY 127,250.00 47,000.00 19,500.00 193,750.00 $ 38,500.00 9,500.00 --0-- 63,467.60 61,325.00 --0-- --0-- 14,263.55 13,235.47 --0-- 8,824.92 18,674.10 STAFFRPT \ FPM2 3 6 2 4 ITEM NO. 8 APPROVAL FINANCE OFFI~R CITY MANAGER-- TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department '~;~, February 12, 1991 Final Parcel Map No. 23969 PREPARED BY: Douglas M. Stewart R ECOMMENDAT ION: That the City Council approve Final Parcel Map No. 23969 subject to the Conditions of Approval. DISCUSSION: Parcel Map no. 23969 was originally submitted to Riverside County Planning Department on August 17, 1988. The Tentative Parcel Map was initially reviewed by the Riverside County Land Division Committee twice, on June 8, 1989 and February 15, 1990. In April, 1990, the file was transferred to the City of Temecula. The Tentative Parcel Map was approved by the City of Temecula Planning Commission on September 17, 1990 and then received and filed by the City Council on September 25, 1990. Parcel Map No. 23969 is a four (4) lot industrial park subdivision of 21.56 acres. The Parcel Map is located on Ridge Park Drive, south of Rancho California Road. The applicant is Omdahl Enterprises. The following fees have been paid (or deferred) for Parcel Map No. 23969: Signal Mitigation Fee (Deferred to Building Permits) Drainage Fee (Deferred to Building Permits) $37,747.50 75,559.71 SUMMARY: Staff recommends that the City Council APPROVE Final Parcel Map No. 23969 subject to the Conditions of Approval. STAFFRPT~FPM 23969 1 GH:ks Attachments: 2. 3. 4. 5. Development Checklist Location Map Copy of Map Conditions of Approval Fees and Securities Report STAFFRPT~FPM 23969 2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Final Parcel Map No. 23969 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan { K-Rat) Parks and Recreation (Quimby) Public Facility { Traffic Mitigation) Public Facility { Traffic Signal Mitigation } Public Facility ( Library ) Fire Protection Flood Control (ADP) Public Facility Fee (Application To Be Determined) Condition of Approval Condition No. 25 (Planning) Condition No. 36 (Planning) N/A Condition No. 11 (Roads & Surveyor) N/A N/A Condition No. 1 (Flood Control and Conservation ) Condition No. 20 (Planning) STAFFRPT~FPM 23969 3 Project Site TO: FROM: DATE:' SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department September 25, 1990 Parcel Map No. 23969 APPROVAL CI~'Y ATTORNEY FINANCE OFFICER CITY MANAGER ~ PREPARED BY: RECOMMENDATION: Deborah Parks Receive and File APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Omdahl Enterprises Markham and Associates To subdivide 21.56 acres into four lots Ridge Park Drive, South of Rancho California Road North: I-P South: M-SC East: M-SC West: I-P Site: I-P Site: Vacant North: South: East: West: Vacant Multi Family/Vacant Single Family/Light Industrial Vacant STFRPT\PM23969. A 1 BACKGROUND: ANALYSIS: STFR PT\PM23969, A Parcel Map No. 23969 was continued from the August 20, 1990 Planning Commission Hearing. The Commission directed Staff to meet with the applicant and William Haley, a neighboring property owner to develop a solution regarding Pujol Street. The meeting was held and the Staff Report has been revised. A copy of the minutes of the August 20, 1990 hearing is attached. The application for Parcel Map No. 23969 was originally submitted to the Riverside County Planning Department on May 10, 1989. The parcel map was reviewed by the Riverside County Land Division Committee twice; on June 8, 1989 and February 15, 1990. In April, 1990, the file was transferred to the City of Temecula. Area Settinq The project site is located in the Emerald Ridge Business Park south of Rancho California Road on Ridge Park Drive. The site is in a hillside area that is currently being mass graded as part of the grading permit for Parcel Map No. 1825~. Extensive cut and fill was approved as part of the mass grading plan resulting in very high 2:1 slopes. The properties to the north and west are vacant and are also within the Emerald Ridge Business Park. South of the project site, separated by a slope, is an apartment building. East of the project site, at the base of a large slope are light industrial and residential uses. Circulation and Infrastructure The mass grading permit for Parcel Map 1825~ was approved by the County of Riverside and did not take into account the improvement of Pujol Street along the easterly boundary of Parcel Map 23969. A 60 foot right-of-way for Pujol Street was not shown on the underlying Parcel Map 1825~, only the existing ~0 feet. Within the 20 foot area necessary to widen Pujol Street to 60 feet, the site has been graded to a 2:1 slope improved with a concrete drainage swell and force main. These improvements are located within an Eastern Municipal Water District easement and are being paid for by Assessment District 159. Attached Exhibit A shows the two large, above ground pipes used to meter the sewage flow of the force main. The force main is an integral component of the sewer system for all of the development in Assessment District 159. The force main helps to direct the sewage to the treatment plant south of Winchester Road. The location of the sewage meters is within the 20 foot area needed to widen Pujol Street to local street standards of 60 feet. The location of the sewer system and above ground improvements were approved by the County of Riverside. The City~s Engineering Department is required by Ordinance q60 to condition Parcel Map No. 23969 with the dedication and improvement of all abutting roadways. On August 27, 1990, the City Planning and Engineering Departments held a meeting, as directed by Planning Commission, to develop a solution which would allow access to Mr. William Haley's property on Pujol Street and take into consideration the sewage meters within the 60 foot right-of-ways. The applicant and Mr. Haley were invited to the meeting. Mr. Haley did not attend the meeting but was informed of the meeting's results in a letter (see attached). In attendance at the meeting were Douglas Stewart, Kirk Williams, John Middleton, Howard Omdahl and Deborah Parks. A solution to the dedication and improvement of Pujol Street was developed which does not require an exception to Ordinance t~60. Riverside County Standard 106, Section "A" allows for short local streets to have an ultimate right-of- way of SO feet with an improved area of 32 feet. By only requiring an additional 10 foot dedication, the sewage meters will be avoided. A cul-de-sac bulb will not be required for this project. John Middleton spoke with Laura Cabral of the Riverside County Fire Department regarding the proposed improvements of Pujol Street. She agreed that the applicant could build Pujol Street according to the 32~/50~ standards with curb and gutter adjacent to Parcel Map No. 23969 only. She also agreed that a turn-around bulb at the end of the cul-de-sac would not be necessary at this time since the street only provides access to one dwelling unit. The Engineering Department recommends that an off-set cul-de-sac be constructed in the future when Mr. William Haley's property is developed to R-3 standards. STFR PT\PM23969. A 3 GENERAL PLAN/ SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Parcel Map Confiquration Parcel 22 of Parcel Map No. 18254 is the underlying parcel for Tentative Parcel Map No. 23969. Tentative Parcel Map No. 23969 divides the site into four parcels. The sizes of the parcels are as follows: Parcel 1 - 6.02 acres Parcel 2 - q.75 acres Parcel 3 - 6.25 acres Parcel ~ - ~,5~ acres The subject site is designated RL1 - Restricted Light Industrial by the Southwest Area Plan. The proposed division of land is consistent with the policies for industrial use. It is anticipated that the project, as conditioned, will be consistent with the City's forthcoming General Plan. An Initial Study has been completed for the project and a Negative Declaration is recommended for the proposal. The proposed division is consistent with the Southwest Area Plan and Zoning Code in that all four parcels exceed the minimum lot size of 20,000 square feet and the minimum average lot width of 100 feet. The lot design is logical and meets the approval of the City's Planning and Engineering Departments. e The legal owner of record has offered to make all dedications required. The project will not have a significant adverse affect on the environment. A Negative Declaration is recommended and all impacts will be reduced to insignificant levels through recommended conditions of approval. e There is a reasonable probability that the project will be consistent with the City's General Plan once adopted, based on analysis contained in the Staff Report. STFRPT\PM23969. A ~ The division of land is consistent with the provision of Title 18 of the Subdivision Map Act. STAFF RECOMMENDAT ION: The Planning Department Staff recommends that the Planning Commission: ADOPT the Negative Declaration for Parcel Map No. 23969 2. APPROVE Parcel Map No. 23969 based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. DP:ks STFRPT\PM23969. A 5 PLANNING COIgM]SSION NINUTRS AUGUST 20, 1990 Commissioner Ford moved to close the public hearing seconded by Commissioner Fahey and carried unanimously. Convnissioner Hoag}and moved to reject staff's recommendation and not adopt the N~gative Declaration for Plot Plan Nos. 5 and 6 and deny Plot Plan Nos. 5 and 6, and direct staff to work with the applicant to provide a detailed landscape plan, review the structural design to ensure adequate screening of the roof equipment, study the parking and to 're-evaluate the location of the truck loading doors· Commissioner Hoaqland amended his motion by continuing the public hearing on Item 4 and Item 5 to the Planninq Commission meeting of September 17, 1990. Commissioner Fahey seconded the motion. AYES: 5 COMMISSIONERS: Blair, Fahey, Ford, Hoagland, Chiniaeff NOES: 0 COMMISSIONERS: None Recess Chairman Dennis Chiniaeff declared a five minute recess at 7:50 P.M. to allow p]anninq staff to set up more exhibits for agenda items. The meeting was reconvened at 7:55 P.M. Tentative Parcel Map 23969 6.] Deborah Parks presented staff's report on the subdivision of Parcel 22 of Parcel Map 18254 into four parcels. Ms. Parks stated that when the parcel map was approved by the County; they failed to show Pujol Street. County Ordinance 460 required the dedication of Pujol Street; at that time, however, is was overlooked and the width of Putol Street remained at 40 feet. When Otundahl Enterprises applied to sub-divide, they were told by the CountF they would need the dedication of 20 feet of Parcel 2 for dedication of Pujol Street. Oh~xiahl Enterprises had reached an agreement with Eastern Municipal Water District to provide an easement within this 20 feet. To widen Pujol Street would be a great expense and at this time staff is unclear as to who would be responsible for the cost of these improvements. PI.ANNING CONMISSION ~INUTES AUGUST 20, ]990 John H~dd]eton stated that the Engineering Deoartment's recommendation was to construct Pujo] Street as per county standards. An[bony Polo, Harkham & Associates,.41750 Hinchester Road, TemecuJa, qave a brief description ot the project. Hilltam Haley, 28426 Pulol Street, Temecula, an adjacent property owner expressed his desire to have the developer proceed with the road improvements to Puiol Street as proposed by the County of Riverside. Anthony Polo offered an alternative to the Commission of leaving Pujol Street in its' present state and provide the dedication and improvements to create a cu)-de-sac on the end of Sixth Street. Douq Stewart, deputy traffic engineer, advised the Commission that the easement was neither Mr. Ohmdahl's property nor Mr. Haley's property. He stated that County Ordinance No.460 and the recommendation by the Riverside County Transportation Department requires certain improvements be completed; however, there is an exception clause within the ordinance that would a]low the Commission to deviate from these required street improvements, but only under that exception c)ause could the Commission consider anything other than what was recommended by the county. Commissioner Fahey questioned the reference to special circumstances of the exception applicable to the properties size, shape or topagraphy, and did that exception apply to such conditions created by the property owner. Doug Stewart stated that the ordinance requires that the applicant put in a street~ however, it would be at a substantial cost to the applicant, and since applicant has offered other alternatives that seem more appropriate, the commission could consider one ot these alternatives and make that recommendation to the cit~ Council. Commissioner Chiniaett asked if star! needed action by the Commission to come back with a partial reco~,~endation. PLanNING C(NgNISSION MINUTES AUGUB? 20, 1990 John Cavanaugh advised the Commission that if they were to approve this parcel map and recon~end there be a partial 8edication or recommend that part ot the dedication be accomplished by another property owner other than the applicant, the Commission needs to be aware that if the other property owner does not approve of the recommendation, and it that approval is not sought within 120 days after the Commission's recommendation, this condition will automatically terminate. Commissioner Ford asked if this was a condition for outside improvements, could the Commission request the applicant to bond or quatastee the acquisition rights of the property. John Cavanaugh stated that the Co,,.,ission could either recommend that the applicant provide the dedication of his own property or recommend partial dedication/vacation the other property owner. If the other property owner does not approve 120 days after the Commission acts on it, this condition is automatically terminated. Commissioner Fahey moved to not adopt the Negative Declaration for Parcel Nap No. 23969, and to continue the item to September 17, 1990, with staff working with both parties to come to an agreement acceptable. Commissioner Ford seconded the motion. AYES: 5 CONNISSIONERS: Blair, Fahey, Ford, Boagland, Chiniaeli NOES: 0 CONHISSIONERS: None 7. Plot Plan 11621 7.1 Deborah Parks provided statf's report and an architectural renderinq of the project, a proposal to complete Phase 2 of the pro~ect. MI~.8/20190 -8- 8/23/~) CITY OF TEMECULA CONDITIONS OF APPROVAL Parcel Map No. 23969 Commission Approval Date: Expiration Date: Ptanninq Department The subdivider shall defend, indemnify, and hold harmless the City of T. emecula, its agents, officers, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 23969, which action is brought within the time period provided for in California Covernment Code Section 66q99.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The tentative parcel map shall conform to the requirements of Ordinance ~60, Schedule E, unless modified by the conditions listed below. This approved tentative parcel map will expire two years after the City Council approval date unless extended as provided by Ordinance ~60. The final map shall be prepared by a registered civil engineer or licensed land surveyor subject to all the requirements of the State of California Subdivision Map Act, Subdivision Ordinance ~60. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. Street names shall be subject to approval of the City Engineer. Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if within the land division boundary. All offers of dedication shall provide for nonexclusive public road and utility access. All easements, offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. Legal access as required by Ordinance ~60 shall be provided from the parcel map boundary to a City maintained road. e All delinquent property taxes shall be paid prior to recordation of the final map. Prior to any grading, a Grading Plan in compliance with the Uniform Building Code shall be submitted to the City Department of Building and Safety. 5TFRPT\PM23969. A 1 10. 11. 12. 13. lq. 15. 16. 17. 18. 19. 20. The subdivider shall comply with the street improvement recommendations outlined in the Office of Road Commissioner and County Surveyor~s letter dated April 2, 1990, a copy of which is attached. All items of the letter shall comply excep[ for No.~s 3 and 6. The subdivider shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated May 22, 1989, a copy of which is attached. The subdivider shall comply with the flood control recommendations outlined in the Riverside County Flood Control District~s letter dated June 7, 1989, a copy of which is attached. if the land division lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance t~60, appropriate fees for the construction of area drainage facilities shall be collected by the City prior to recordation of the final map or waiver of parcel map. The subdivider shall comply ,with the fire improvement recommendations outlined in the County Fire Department's letter dated March 3, 1990, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Land Use Section~s transmittal dated March 8, 1990, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Building and Safety Department: Grading Section~s transmittal dated July lt~, 1989, a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. The subdivider shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated May 16, 1989, a copy of which is attached. The subdivider shall comply with the recommendations outlined in the Southern California Edison Company transmittal dated May 2% 1989, a copy of which is attached. Prior to recordation of this map, a reciprocal access agreement shall be recorded for Parcels 2 and 3. Prior to recordation of this map, a signing and striping plan along with a street improvement plan shall be approved by the City Engineer. Prior to occupancy, developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of STFR PT\PM23969. A 21. 22. 23. the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its buildin9 permits for the project or any phase thereof, the developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated [assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Prior to occupancy, Pujol Street shall be improved with concrete curb and 9utter, [on the south side) located 16 feet from centerline with 32 feet of asphalt concrete paving in accordance with Riverside County Standard 106, Section "A" [32'/50). Dedication shall be made on Pujol Street to provide for a full 50 foot right-of- way in accordance with Riverside County Standard 106, Section "A" 132'/50) prior to final map. Prior to occupancy, a Riverside County Standard 810 barricade shalt be constructed at the west end of Pujol Street. The applicant shall not be required to construct a sidewalk on Pujol Street adjacent to Parcel Map No. 23969. GRADING: 25. Prior to the issuance of grading permits, the applicant shall comply with Ordinance No. 663 by paying the fee required by that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fees required under the Habitat Conservation Plan as implemented by City Ordinance or resolution. 26. Grading plans shall conform to the Hillside Development Standards as presented in the Riverside County Comprehensive General Plan. AiI cut and/or fill slopes, or individual combinations thereof, which exceed ten feet in vertical height shall be modified by an appropriate combination of a special terracing lbenching)plan, increased slope ratio ie.g. 3:1), retain walls, and/or slope planting combined with irrigation. All driveways shall not exceed a 15% grade. 27. Prior to the issuance of grading and/or building permits, all proposed new structures on parcels shall be limited to slopes less than 26% unless otherwise approved by the Planning Director. 28. All grading and building plans/permits shall reflect the utilization of post and beam foundations or the appropriate combination of split level pads and post and beam foundations when development is proposed on slopes of 15% or greater measured over a horizontal distance of 30 feet. All driveways shall not exceed a 15% average grade. STF R PT\PM23969. A 3 DEVELOPMENT STANDARDS: 29. Prior to the issuance of building permits, the applicant shall obtain clearance and/or permi. ts from the following agencies: Road Department Environmental Health Riverside County Flood Control Fire Department Written evidence of compliance shall be presented to the Planning Department of Building and Safety. 30. Lots created by this subdivision shall be in conformance with the development standards of the I-P zone. 31. All lots created by this land division shall have a minimum area of 20,000 square feet. 32. When lots are crossed by major public utility easements, each lot shall have a net usable area of not less than 3,600 square feet, exclusive of the utility easement. 33. All lot length to width ratios shall be in conformance with Section 3.8C of Ordinance ~60. Prior to recordation of the final map the land divider shall execute a certificate of noncontiguous ownership. 35. Concrete sidewalks shall be constructed in this subdivision in accordance with the Standards No. q00 and ~01, except that sidewalk shall not be required on the south side of Pujol Street. PRIOR TO THE RECORDATION OF THE FINAL MAP: 36. Prior to the recordation of the Final Map, the following conditionl s) shall be complied with: The subdivider shall annex Tentative Parcel Map No. 23969 into the City of Temecula~s Recreation and Parks District. be The subdivider shall submit to the Planning Director an agreement with the City of Temecula Recreation and Parks District which demonstrates to the satisfaction of the County that the land divider has provided for the payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No. ~60. The agreement shall be approved by the Board of Supervisors prior to the recordation of the final map. Ce A copy of the Environmental Constraints Sheet I ECS) shall be transmitted to the Planning Department for review and approval. STFR PT\PM239~9. A !1 ENVIRONMENTAL CONSTRAINT SHEET CONDITIONS: 37, An Environmental Constraints Sheet (ECS) shall be prepared with the final map to delineate identified environmental concerns and shall be permanently filed with th6 City. Prior to the recordation of the final map, a copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note(s) shall be placed on the Environmental Constraints Sheet. "Surface alteration shall not be allowed in the delineated constraint area without additional archaeolocjical investigation or mitigation as directed by the City of Temecula Planning Department. "This property is located within thirty 130) miles of Mount Palomar Observatory, Li9ht and glare may adversely impact operations at the Observatory, Outdoor lighting shall be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passin9 through the luminare," Indicate the availability of domestic water services to the subject property as of the date of recordation of the final map, The followin9 note shall be placed on the final map: "Constraints affecting this property are shown on the accompanying Environmental Constraints Sheet, the original of which is on file at the office of the Riverside County Surveyor, No building permits shall be issued by the City of Temecula for any building in Parcel Map No, 23969 until the developer or the developer's successors-in-interest or assignees, provides evidence of compliance with the terms of said agreement for the financing of public facilities, STFRPT\PM23969. A 5 August 6, 1990 Planning Commission City of Temecula 43180 Business Park Drive Temecula, California 92390 Subject: Case Number: Applicant: Loc~tion: Proposal: Tentative Parcel Map 23969 Omdahl Enlerprises Kathleen Way South of Rancho California Road To subdivide Parcel 22 of Parcel Map 18254 into four parcels Dear Sirs: Ixly property, 28426 Pujol Street, Temecula (Assessment Number and Parcel 922052010-9, .57 acres, Por. Lot 102, Block 38), is across Pujol S!reet from the F, roposed subdivision. Late in 1989, I found the surface of the street destroyed because, I assume, of the construction creating a plateau just west and above this area. I contacted the County Road Commission to inquire abo~t Pujol's future repairs. I was informed that as a condition for the developmen! of Tentative Varcel Map #23969, the County was proposing to the Pla,u~ing Commission and the Board of Supervisors that lhis part of "Pujol should !,c imlu'Ovt'd with ,t0 feet of asphalt paving with concrete curb and gutter within 60 feet right of way terminating in an offset cul de sac."'1 Later, April 2, 1990, a re:'is,.'en :,.,as made tn the proposal and the only cha~Re of which I am aware is on page 2, number 5 stating "A standard offset cul de sac shall be constructed on Pujol Street !~ffthin the land division" changing from "culminating on an offset cuhi¢~ac."#2 The developer was aware of Ihe County condition before he began his project and he has continued to be aware of the situation since Temecula has become a city. I have no concern one way or Ihe other regarding the cul de sac, but 1 feel that this section of Pujol Street needs to be improved, repaved again, and the developer needs to provide the 20 feet dedicated right of way to conform with the rest of Pujoi Street. i'lanni.~g Comn~ission Page 2 August 6, 1990 Though I understand that the City of Ternecula now has the authority and resD,~sibility for these matters. I assume both the City and the County respect each other's professionalism and would agree on previous commitments that are obviously nonpartial and in ,.videspread use. Sincerely, William Italey ~ lkr #1 In the City of Temccula, Fih, #PM23969, #1 Letter of 2/6/90 from County Road Adminislralive Engineer to William !laley Re: PM 23969 - Arecrating #1 Schedule E - 'Team 5, SMD $$9 AP 111-111-111-9 CC: W. Abram, Supervisor D. Dixon, City Manager R. Stephensorb Road Administrative Engineer J. Surlett, Weldan Associales I. Tennant, Road/Transportation Commission OMDAHL ENTERPRISES 28285 Rancho Calif. Rd. Temecula, CA 92390 CITY OF TEMECULA Planning Commission RE: P.M. 23969 PuJol Street Commissoners; %<e, Omdahl Enterprises, feel the condition requiring us to grant a 20 ft. easement along the Pujol St. dead-end and construct one half of the street with a offset cul-del-sac is not reasonable or feasible. It qualifys under par. B sec. 3.1 ARTICLE 111 (Standards of Land Division-General): "Exceptions from the requirements of this ordinance relating to the design or improvements of land divisions shall be granted only when it is determined that there are special circumstances ap[,licable to the property, such as but not limited to siza , shape or topographical conditions, or existing road aligEment and width, and that the granting of the modification will not be detrimental to the public health, safety or welfare or be damaging to other property in the vicinity." Reasons for requesting the exception: ae Physically difficult and costly due to; the existing 2:1 slope in the proposed easement requires a retaining wall to accomodate widening the street and cul-de-sac. 2) the existing drainage structure in the proposed easement would have to be redesigned and rebuilt. 3) the forced sewer main in the proposed easement would have to be realigned and lowered. the blow-off valves on the forced sewer main in the proposed easement would have to be relocated and because of the lowering an extra blow-off valve would have to located on the line. The industrial zoned property, requesting the lot- split, has been graded per an approved grading plan and does not ~nd will never access Pojul St. Ce This section of Pujol St. serves as access to one res- idential lot which has an existing 40 ft. access road which we are not hindering or altering in any way. De Construction of the street and cul-de-sac would result in a 15 ft high retaining wall which would be dangerous to children, a graffiti wall and an eye sore for the adjacent residential property owners. The existing 2:1 slope is within a landscape maintenance area including irrigated trees, shurbs and flowers. This beautiful backdrop will be maintained by the Crystal Ridge Business Park. In conclusion, we feel that this would be an impossible condition to meet and would prevent us from moving forward with the development of our park as planned. The estimated exspense to move the existing facilities and build the proposed road is in excess of $250,000.00 dollars. The time involved to get such plans approved thru the various agencies may exceed two years. The net benefit to the public is zero; the net benefit to the one residential lot is to provide it with a 60 ft. access road in leu of its present 40 ft. access. Again we would like to point out that this situation calls for an application of par. B sec. 3.1 article 111. We would also like to point out sec. 66411.1 of the Subdivision Map Act; "(a) Whenever a local ordinance requires improvements for a division of land which is not a subdivision of five or more lots, the regulations shall be limited to the dedication of right-of-way, easements, and the construction of reasonable offsite and OhSire imDrovements for the Darcels being created" Thank you for your time and consideration. Sincerely, ~ ~ /~ Howard Omda~t, General Partner Omdahl Enterprises MEMO TO FILE Parcel Map No. 23969 August ~, 3p,m. 1990 5poke with Laura Cabral with Riverside County Fire Department about Pujol Street, She agreed that the developer could build a 32/50 street with curb/gutter only on Omdahl's property without a turn around at the end of the street. An offset cul-de-sac will be constructed sometime in the future by the R-3 properties when they develop. John Middleton JM:ks co: Kirk Williams Doug Stewart Deborah Parks Mayor Ron Parks or Pro Tern .,el F. Lindemans September 5. 1990 CITY OF TEMECULA EO. Box 3000 Tcmecula, C~i~mia 92390 (714) 694.~989 FAX (714)694-1999 Council members Patricia I!. Bird.~all Peg Moorc J, Sal Mu'fioz Mr, William Haley 221 29th Street Manhattan Beach, CA 90266 SUBJECT: Pujol Street, Parcel Map No. 23969 Dear Mr. Haley, I am sending you this letter to inform you of the decisions regarding Pujol Street that were made at an August 27, 1990 meeting pertaining to parcel Map No. 23969. The meeting was scheduled for a time which you had previously informed me that you were available for. Both Doug Stewart and I expressed to you on August 2q the importance of your attendance at the meeting. We are sorry that you were not able to attend the meeting. In attendance at the meeting were Doug Stewart, Kirk Williams, John Middleton, Howard Omdahl, and myself. The following recommended Conditions of Approval regarding Pujol Street resulted from the meeting: Prior to Occupancy, Pujol Street shall be improved with concrete curb and gutter, Ion the south side) located 16 feet from centerline with 32 feet of asphalt concrete paving In accordance with Riverside County Standard No. 105, Section A 132'/50). The applicant shall not be required to construct a sidewalk on Pujol Street, adjacent to Parcel Map No. 23969. Applicant shall provide for dedication of an additional 10 feet 110~) of right- of-way adjacent to Pujol Street in order to provide for a full 50 foot right-of- way in accordance with Riverside County Standard No. 106, Section A { 32'/50) prior to final map. Prior to occupancy, applicant shall construct a Riverside County Standard 810 barricade at the west end of Pujol Street. PLANNING\LS~ Mr. William Haley September' 5, 1990 Page 2 Construction of curb, gutter, and sidewalk adjacent to your property will not be a Condition of Approval for Parcel Map No. 23969, but will be required upon future development of your property. All of these conditions of approval are based on Ordinance No. t160 and do not require any exceptions. We believe that your property will benefit from these recommended conditions of approval and will not r~lace a hardship upon you. They have been reviewed and approved by the Riverside County Fire Department and will be presented to the City of Temecula Planning Commission on September 17, 1990. If you have any questions, please feel free to call myself or John Middleton at 171~)69~-~600. Sincerely, Deborah Parks C~ase Planner Gary Thornhill Planning Director DP/GT:ks cc: Planning Commissioners John Middleton Doug Stewart Tim D. Setlet File PLANNING\L51~ Riverside County Road Deparfment P.O. Box 1090 Hiverside. CA 92502 T[L[PHON[ May 24, 1989 Attn: Subdivision Section: SUBJECT: Tentative Parcel Map No. 23969 Please b~ advised that the division of the property shown on Tentative Parcel Map No. 23969 will not unreasonably interfere with the free and complete exercise of any easement(s) held by Southern California Edison Company within the boundaries of said tentative parcel map. This letter should not be construed as a subordination of the Company's rights. title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires ~elocation of facil- itieso on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such £eloc&tion and provide Edison with suitable replacement rights. Such costs and replacement rights are raquired prior to the performance of the relocation. If additional information is zequired in connection.with the above mentioned subject, please call me at (213) 491-2644. Very t~ul¥ you=s, REGIONAL MANAGER Real P~o~erCi~s Agent ,8455pmh cc: Riverside County Planning Dept. Markham & Associates ATTN: Patti Nahill 1~5/R/eg/S Easiern unicipalmater District Riverside Co. Planntng Dept. 4080 Lemon St., 9th Floor Riverside, Ca 92S01 - The District is responding to your request for comments on the subject project relative to water and/or sewer service. The items checked below apply to this project review. The subject project: not within EMWD's: -~-~water service area sewer service area ~-'~'Wlll be required to construct/provide the following facilities tf to b~ s~rvcd by E~D: Sewer Service Any and all necessary regionally stzed onstte and offsite gravity sewers and appurtenant works that might tnclude monitoring manholes, 1tft stations, force mains, and effluent disposal/use. Sewers wtll not be allowed along lot lines/private land. Fee payment and participation in regtona1 sewers, treatment, and effluent dtsposal must be met. Only wastes acceptable to EMWO regulations wtll be allowed. EASTERN HUNICIPAL WATER DISTRICT Planntng Department COUNTY OF F~!V~;::lSIDE ~ · . : " ~_a. ~riov ~o commencin~ any ~vadin~ e~ceeding ~ cubic yards, ~ ~ the o~ner o~ th.t prope~y shall obtain . ~v.~ing permit from the Department of Building and ~afety Prior to approval of this use/subdivision a grading permit and approval of the rough grading shall be obtained from the Building and Safety Department. P~ior tO issuance Of any building permit, the property o~ner shall obtain a grading permit and approval to construct from the Building and Safety Department. Constructing a road, where greateF than 5~ cubic yards oF material is placed or moved, requires a grading permit. Prior to occupancy and/or beginning actual use of this permit, a grading permit and approval of the.grading shal ; be o~tained from the Building and Safety Department. Provide veri¢ication that the e~isting grading permitted and approval to construct ~as obtained from Building and Safety. . the ___g. The Grading Section has no comment on this site. NOTE: For the final grading plan - Please provide the applicable information from County Grading Forms 2B~-13~ Rev. 3/89 C~JNTY OF RIVERSIDE D. epartment of Building and Safety ease refer to the following comments when submitting a grading ~an for plan review by the Grading Section. Please refe~ to department forms 284-86, 284-120, 284-21 and 24-46 for applicable information to include on your grading plans. I9 orde'r to issue a grading permit, the following items will be needed'at the plan review stage. ~.a. Obtain a plan review permit. X b. Provide 2 copies of the Preliminary Soils Report. ~c. Provide a copy of 'the hydrologic-hydraulic study. ~_d. Provide clearance departments. ee .X_3. Submit 5 review. ~x_4. Refer to 5 10. 11. 16. 19. letters from the following Planning Flood Control cad Department Prey%de a set of the Planning Department conditions of approval on the approved case. Provide an erosion control plan, prepared by a licensed landscape architect, for plan review, permit, and bonding. copies of the grading plan for distribution and any specific plan related to this project. This property is located in the Rancho California Potential Subsidence area. Per Board Resolution 88-61, additional geetechnical information is required. Observe slope setbacks from permit areas and structures per section 7011 and figure 29-1 of the Uniform Building Code as modified by Ordinance 457. Driveway grades shall be 1S% or less. Show-street and pad elevations~ ..Insure that a 1% grade (min~ can be'maintained from back of pad to street. Design V-ditches at top of slopes to handle the Q-100 year storm flow. Provide recorded drainage easements for the proposed lot to lot drainage. Show the Q-100 year storm flows at the inlet and outlet of all drainage fa~ilities. Provide building footprint on all lots. .Design each lot to drain separately. Prior to issuance of a grading permit, projects having an imbalance between cut and fill shall specify the location of their import or export source. Show all slopes to scale, including terrace and setbacks. Proposed off-site grading will require written notarized permission from the affected property owner. No obstruction or diversion of natural water courses shall be permitted. Provide sufficient offsi~e topography ~o show this projects compatibility with adjacen~ properties. Verify any underlying grading was permi=ted and approved to construct there on. Adm}nistrat}v~ Omnimr · ~777 At{anta Avonurn Rivmr${d®, OA 92507 March 8, 1990 MAR 1990 Riverside County Planning Department Attention~ Jeff Adams County Administrative Center 4080 Lemon Street Riverside, CA 92501 R!v 5R51DE COUNTY PLANN[NC-' DEPARTMENT REs Parcel Map 23969, Amended Map No. 1 Ladies and Gentlemens The Land Use Division of the Department of Building and Safety has the following comments and conditions, The developer shall obtain Planning Department approval for all on-site and off-site signage advertising the' sale of the parcel map pursuant to Section 19.5 of Ordinance 348. Sincerely, Vaughn Sarkisian Land Use Technician /sn OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR April 2, 1990 Iv~. £ Ternram ~ ~/]AO COMMI~IIONER & CO~ ~J~RVEYOR Riverside County Plaruting Commission 4080 Lemon Street Riverside, CA 92501 COUNTY ADMINIST'KATIYE CENTER MAILING ADDR F..~S: P~, BOX KI VEI~IDE,. CA L[~C)I~i[A (714) Ladies and Gentlemen; PM 23969 - Amend #l Schedule E - Team 5 SMD #9 AP #111-111-111-9 With respect to the conditions of approval for the referenced tentative land d/vision map, the Road Department recommends that the landd/vider provide the following street improvements, s~reet improvement plans and/or road dedications in accordance with Ordinance 460 and Riverside County Road Improvement Sta~_dA~ds (Ordinance 461). It is understood that the tentative map correctly shows acceptable centerline elevations, all existing easements, traveled ways, and drainage courses with appropriate Q's, and that their omission or unacceptability may require the map to be resutxnitted for further consideration. These Ordinances and the following conditions are essential parts and a requirement occurring in ONE is al binding as though occurring in all. They are intended to be complementary and to describe the conditions for a complete design of the improvement. All questions regarding the true meaning of the conditions shall be referred to the Road Commissioner's Office. me The landdivider shall protect downstream properties from damages caused by &Iteration of the drainage patterns, i.e., concentration of d/v~rsion of flow. Protection shall be provided b~ constructing adequate drainage facilities including enlarging existing facilities and/ or by securing a drainage easement. All drainage easements shall be shown on the final map and noted as follows8 'Drainage Easement - no building, obstructions, or encroachments by land fills are allowed". The protection shall be as approved by the Road Department. The landdivider shall accept and properly d/spose of all offsite drainage flowing onto or through the site. In the event the Road Commissioner permits the use of streets for drainage purposes, the provisions of Article ZI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, the subdivider shall provide adequate drainage facilities as approved by the Road Department. ~oV~__969 - Amend 'Apr11 2, 1990 Page 2 e 10. 11. 12. PuJol Street shall be improved with concrete curb and gutter located 20 feet from centerline and match up asphalt concrete paving; reconstruction; or resurfacing of existing paving as determined by the Road Commissioner within a 60 foot full width dedicated right of way in accor~-nce with County Standard No. 104, Section A. or as approved by the Road Depar~nent. Kathleen Way shall be improved with 34 feet of asphalt concrete pavement within a 45 foot par~ width dedicated right of way in accordance with County Standard No. 111. Zmprovement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Riverside County Road Con~issioner. Completion of road improvements does not imply acceptance for maintenance by County. · .... A standard offset cul-de-sac shall be constructed on PuJol Street within the landdivision. Asphalt/c e~ulsion (fog seal) shall be applied not less than fourteen days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section 37, 39 and 94 of the State Standard Specifications. The applicant shall provide CC&R's to Lnsure access to all parcels. The maximum centerline gradient and the mLnimum centerline radii shall be in conformance with County Standard 9114 of Ordinance 4 61. Concrete sidewalks shall be constructed throughout the landdivision in accordance with County Standard No. 400 and 401 (curb sidewalks) u approved by the Road Ccm~Jmsioner. Prior to the r~cordatlon of the "ffnal map, the developer shall deposit with the Rivers/de County Road Deparlm~nt, a cash sum of $1,750.00 per gross acre u mAtlgatlon for traffic Ii~ ~ctl. Should ~ ~elo~ c~se to def~ t~ t~ of '~nt, a ~itten a~~nt ~y ~ ~ of lls~e of a bulldog ~l~. Electrical and communications trenches shall be provided in accordance with Ordinance 461, Standard 817. ~M ~969 - Amend #1 · April 2, 1990 Page 3 13. 14. 15. 16. 17. lB. 19. ~ot access sh~11 b~ ~est~icted on puJol Street ~d so noted on the final- map. Landdivisions creating cut or fill slopes adjacent to the streets shall provide erosion control and sight d/stance control as approved by the Road Department. The s~reet design and improvement concept of this project shall be coordinated with PM 18254. Street lighting shall be requLred' in accordance wi~h Ordinance 460 and 461 throughout the mubdivision. The County Service Area (CSA) Admin/strator determines whether t~Ls proposal qualifies under an existing assessment district or not. If not, the land owner shall file, ~fter .receiving tent~t(ve ~OVA1, for an application wi~h LAFCO for annexation into or creation of a 'Lighting Assessment District' in accordance with Governmental Code Section 56000. pRTOR TO R~.~O~nATION, the landowner shall receive and provide a Cer~ificate of Completion from LAFCO. Any landscaping within public road rights of way shall comply with Road Department standards and require approval by the Road Commissioner and assurance of continuing maintenance ~hrough the establishment of a landscape maintenance d/strict/maintenance ag£~c~nt or similar machah/S· as approved by the Road Co,,is·loner. Landscape plans shall be subm/tted on standard County Plan sheet format (24" x 36 ") . Landscape plans shall be sub~ttted with the street improvement plans and shall depict ~ such landscaping, ~rrlgatlon and related facilities as are to be placed widen the public road rights-of-way. The applicant shall record CC&R' s ~o provide access to Parcels 2 and 3. Said CC&R's shall be subject to approval by County Counsel and ~he Road Coasts·loner. Pursuant to Section 66493 of the Subdivision Map Act any subd/vision which l~ par~ of an existing Assessment Dlstr.t=t ~ust cc~ply with ~he requ~-~nta of said Section. Road Division Engineer LAT~ Jw 0M: oI 1%lv ,rslcle DEPArlTMENT OF IIEALTIt RIVER$I~)E COUNTY 'PLANIqlNG DEPT. DAI[: ~ay 22, 1989 P~CEL ~ 23969 - S~ 53 Requirements ~ 23 ~ ~ The Environmental Ilealth Services Division has revieued the tentative -'ap for tills project nnd cannot make nny recommendations until a 5anitatiaa letter ls filed. The requirements for a SAN 53 letter are as fo I 1olvs: . A satisfactory soils pcrcolntion test to prove the project feasible. A clearance lettel' from the apl~roprlnte California Regional IVater Control Iloard. 3. 'l'lvo copies of the tentative ~nop. A "~ill-serve" letter from tile agency/agencies serving potable ~nter, Should the project be served sun[tar)' sel~er service, this Department ~ould need only: ^ "~,~i!l-serve" letter from the ncency/agencies serving potable uater and sanltar)' se~ers. 2. One copy of the tentative map. It~ the project is to be served Icater by existing ~ells, pumps and .ater tanks, a ~ater slipply permit ~lll be required (contact the Environmental Ilealth Services Ulvisto,. I.:np, inoering Section at 787-6544). The requirements tror a ~,'ater supply permit are ns follo~s: Satisfactory Inborntar)' tests (bacteriological, organic. lnorlln,ic, general ph)'slc.!, nml p.e,ernl minernl) to prove the s~iter potable, '. A complete set of plnns shol~ln~ nil (letoils otr the proposed nnd existi,lI ~nter systems: sizes and types of pipe nml calculations sliouiug that adequate quantity and pressure c.q, be mnintni,ed {California IVater~orks Stnmlnrds - Ca!itroruin Ilealth nml Safety Code nnd California Administrative Code, Title 22). These plans must be signed by a registered civil engineer· KWNNrrH L. [DWARDa 1lll MARKrT iiTRirET P. O, BOX lOS3 TSL. KPNONK (714) ?e?-30tp' RIVERSIDE COUNTY F'LOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County Planning Department County Administrative Center Riverside, California 92501 Attentio~z Regional Team No. 5 Patti Nahill Ladies and Gentlemens Res Parcel Map 23969 This is a proposal to divide 21.56 acres into 4 iota in the Temecula area. The site is located at the end of Kathleen Way south of Rancho California Road· Parcels 3 and 4 are proposed to drain to the storm drain located northeast of this site. Parcels 1 and 2 are proposed to drain east of the site. Offsite flows are to be collected in the con- crete ditch in the southern most corner of the site. These pro- poeale appear to be consistent with the approved Parcel Map 19626-2. Following are the District's recommendations~ This parcel map is located with/n the limits of the Mur- rieta Creek/Mufflers Valley Area Drainage Plan for which drainage fees have been adopted by the Board. Drainage fees shall be paid as set forth under the provisions of the "Rules and Regulations fOr A~minietretion of Area Drainage Plans", amended February 16, 1988~ Drainage fees shall be paid to the Road Conunissioner as part of the filing for record of the subdivision final map or parcel map, or if the recording of a final parcel map is waived, drainage fees shall be paid as a condition of the waiver prior to recording a certificate of compliance evidencing the waiver of the parcel map~ or At the option of the land divider, upon filing a re- quired affidavit requesting defermerit of the payment of fees, the drainage fees may be paid to the Build- ing Director at the time of issuance of a grading permit or building permit for each approved parcel, whichever may be first obtained after the recording of the subdivision final map or parcel map; provided however, this option to defer the fees may not be exercised for any parcel where grading or structures have been initiated on the parcel within the prior 3 year period, or permits for either activity have been issued on that parcel which remain active· Riverside County Planning Department Re: Parcel Map 2969 - 2 - June 7, 1989 Onsite drainage facilities located outside of road right of way should be contained within drainage easements shown on the final map. A note should be added to the final map stating, "~rainage easements shall be kept free of buildings and obstructions". A drainage easement 8hould be obtained from the affected property owners for the release of concentrated or di- verted storm flows. A copy of the recorded drainage easement should be submitted to the District for review prior to the recordation of the final map. A copy of the improvement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be submitted to the District via the Road Department for review and approval prior to recorda- tion of the final map. Grading plans should be approved prior to issuance of grading permits. 0uestions concerning this matter of this office at 714/787-1253. Markham and Associates may be referred to Zully Smith /~'OHN H. KASHUBA Senior Civil Engineer ZS=seb KENNETH L. EOWAFID$ RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT I~IVI:IqlIDIr. ~M,.IIrO~NIA Riverside County Planning Department -- County Administrative Center Riverside, California Area: Attention: Regional Team No. ~ Re: P1 anner -~'~'~Y'y~'J~,9,~ Ills MAI~KLf'~' I'r~[L~T P.O BOX IO33 I'[L-EImHONr (?$4) ?S7-201~ We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However. a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. Th~ topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 Inches above adjacent ground surface. [roston protection shall be provided for mobile home supports.' drainage plan fees shall be paid in accoraance with the applicable rules and regulations. The proposed zoning is consistent control facilities or floodproofing implied density. with existing flood hazards. Some flood may be required to fully develop to the The Dtstrtct's report dated is still current for this project. The District does not object to the proposed minor change. /This project is m part of P~mr /~~'~ . The project will be free of ordinary storm flood haz d when improvements have been constructed in accordance with approved plans. The attached comments apply. H. KASHUBA ~entor Civil Engineer DATE: l't't o 46-209 OasL~ I~fio, ~ 92201 (619) ~42-8886 TO: ATTN: PLANNING DEPARTMENT JEFF ADAMS RJVER51DE COUNTY FIR[ DEPARTHi~'I' IN COOPElaTION wITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION D'..,-,~h,'I'MENT PARCEL HAP 23969 - AHENDED ~1 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recosnized fire protection standards: FIRE PROTECTION The water mains shall be capable of providins a potential fire flow of 5000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for hours duration at 20 PSI residual operatins pressure. Approved super fire hydrants, (6"x4"x2-2{") shall be located at each street intersection and spaced noc more than 330 feet apart in any direction, with no portion of any lot frontsee more than 165 feet'from a fire hydrant. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to fire hydrant types, location and spacans, and, the system shall maac the fire flow requirements. Plans shall be sisned/approved by a registered civil engineer and the local water company with the following certification: "I certify chat the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Dept." The required water system incXuding fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. All questions regardins the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYHOND H. PEGIS Chief Fire Department Planner By KurC Hantwell, Fire Safety Specialist Backqround 1. CITY OF TEMECULA PLANNING DEPARTMENT INITIAL ENVIRONMENTA'L STUDY tribe o~ Propc~ent: Address and Phone Number of Proponent: Omdahl Enterorises 28275 Rancho California Road Temecula, California 92390 Date of Environmental Agency Requiring Na~e of P~sal, if appllc~le: ~ation of P~sal: June 22, 1990 CITY OFTEM~CULA Tentative Parcel Map # 23969 South of Kathleen Way il Environmental Impacts (Explanations of all "yes" and "maybe" answers are provided on attached sheets. ) Yes Maybe No 1. Earth. Will the proposal result in: Unstable earth conditions or in changes in geologic substructuresT Disruptions, displacements, compac- tion or overcovering of the soil? X Ce de Substantial change in topography or ground surface relief features? The destruction, covering or modl- fication of any unique geologic or physical features? Any substantial increase in wind or water erosion of soils, either on or or off sitel X BLANKIES/FORMS -~' fe Changes in deposition or erosion _. of beach sands, or changes in siltetlon, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ge Exposure of people or property to geologic hazards such as earth quakes, landslides, mudslides, ground failure, or similar hazards? Air. Will the proposal result in: Substantial air emissions or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperature, or any change in climate, whether locally or regionally? Water. Will the proposal result in: ae Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? be Substantial changes in absorption rates, drainage patterns, or the rate end amount of surface runoff? Ce Alterations to the course or flow of flood waters? de Change in the amount of surface water in any water body? ee Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature. dissolved oxygen or turbidity? f® Alteration of the direction or rate of flow of ground waters? Yes No X X X X X Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer by cuts or excavations? ho Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flood- ing or tidal waves? Plant Life. Will the proposal result in: Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? bo Reduction of the numbers of any unique, rare, or endangered species of plants? Co Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? do Substantial reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: a® Change In the diversity of species, or numbers of any species of animals (birds, land animals including rep- tiles, fish and shellfish, benthic organisms or ineectsJ? bo Reduction of the numbers of any unique, rare or endangered species of enimels'~ Co Deterioration to existing fish or wildlife habitat1 Yes X Maybe No 10. 11. 12. 13. Noise. Will the proposal result in: a.-' Increases in existing noise levels? b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce substantial new light or glare? Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: ae Substantial increase in the rate of use of any natural resources? Substantial depletion of any non- renewable natural resource? Risk of Upset. Will the proposal involve: a® A risk of an explosion or the release of hazardous substances I including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? be Possible interference with an emerg- ency response plan or an emergency evacuation plan1 Population. Will the proposal miter the location, distribution, density, or growth rate of the human population of an areal Housing. Will the proposal affect existing housing or create a demand for additional housing? Transportation/Circulation. Will the proposal result in: Generation of substantial additional vehicular movement? Ye__~s Maybe N...~o X X Effects on existing parking.facili- ties, or demand for new parking? Substantial impact upon existing transportation systems? Alterations to present patterns of circulation or movement of people and/or goods? ee Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians1 Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? de Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the prol~)sal reeult in: 16. Use of substantial amounts of fuel or energy? Substantial Increase In demand upon axisting sources of energy, or require the development of new sources of energy1 Utilitlea. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? Yes Maybe No 17. 18. 19. b. Communications systems? c. - Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Human Health. Will the proposal result in: ae Creation of any health hazard or potential health hazard lexcluding mental health)? be Exposure of people to potential health hazards? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in the alteration of or the destruction' of · prehistoric or historic archaeological site? be Will the proposal result In adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Ce Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? de Will the proposal restrict existing religious or secred uses within the potential impact area? .Yes Maybe No BLANKIESIFORMS -6- 21. Mandatory Findings of Significance. 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 or eliminate important examples of the major periods of California history or prehistory? be Does the project have the potential to achieve short-term, to the disadvantage of long-term, environ- mental goals? I A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) Does the project have Impacts which are individually limited, but cumu- latively considerable? I A project~s impact on two or more separate resources may be relatively eraell, but where the effect of the total of thoee impacts on the environment is significant. ) de Does the project have environmental effects which will cause substan- tial adverse effects on human beings, either directly or indirectly? Yes, Maybe~ No X III Discussion of the Environmental Evaluation B LA N K I ES/FORMS -8- ENVIRONMENTAL DETERMINATION On the basis pf this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a signi- ficant effect on the environment, there wilt not be a signi- ficant effect in this case because the mitigation measures described on attached sheets and in the Conditions of approval have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 31 July 1990 Date For CITY OF TEMECULA qiVE::I iDE councY rL nnln DEPA:ICfilEnC ENVIRONMENTAL ASSESSMENT FORM: ENVIRONMENTAL ASSESSMENT'~E.A.) NUMBER: ~)~ PROJECT CASE TYPE(s) AND NUMBERS(s): '~'~C.J~l APPLICANT'S NAME: O~ _!'~_~:~,~ L.- ~ NAME OF PERSON(s) PREPARING E.A.: ~. STANDARD EVALUATION MODULE NUMBER(s): I1~ HO. 2-~110ct PROJECT INFORMATION DESCRIPTION (include proposed minimum lot eize and u~es as applicable): 'T~ B. TOTAL PROJECT AREA: ACRES '~'-{' ~-"~(J;~ ; or SQUARE FEET C. ASSESSOR'S PARCEL NO.(s): C~"~O - ~lO -Ol~j ~¥V/'~ C~HO - ~)10-O,~.J~ D. EXISTING ZONING: E. PROPOSED ZONING: F. STREET REFERENCES: THE PRO~OS~. ~N CONFORMANCE? THE P. OPOSAL ~N CONFORMANCE? SECTION,.TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: H. BRIEF DESCRIPTION OF THE EXISTING ENVIRONMENTAL SETTING OF THE PROJECT SITE AND ITS SURROUNDINGS: II. COMPREHENSIVE GENERAL PLAN OPEN 1PACE AND CONSERVATION DESIGNATION Check the ~oproj~tato oI3tk~l) bt~ Ifid pl'[011~ lCcx~ingly. !'"] All or part of the project Iltl II In "Ado13ted Specific Planl," "REMAP" or "Rancho Villages Community Po41cy A~®al". Complete 8ectlonl III, IV (!l l~cl C only), V and VI. ]l~ ~dl or part of the project ill i i~ "~tla Not DeMghlll(I td Open Space". Complele Sections III, IV (A, BInd D o~ly}, V and VI. [] All or part of the project site hu an Open Space and Conservation designation other than those mentioned I III. ENVIRONMENTAL HAZARDS AND RESOURCE8 ASSESSMENT '~ Indicate the nature o! the proDosed land u~e as detain'timed from ~ de~Hp~nl ~ f~nd In ~mpmhensive ~neral ~an Figure Vt.3 (Circ~ One). ~ll inf~ I~ ~~ to dateline ~s ~pr~Hate land u~ tu~bili~ ~tings in ~tion III.B. NA - Not ~pll~le C~ ~nl~l N~-H~h Risk ~N~maI-Low Ri~ Indi~te w~ a ~s ~ ~ ~ (N) ~r any envi~~l h~:d ~/~ ~ ~ may Ngnif~ntly by ~e pr~l. NI refere~ figurel we ~i~ h ~e ~r~enNve Ge~l ~n. ~ any ~ue mark~ yes ~) write addltlo~l da~ ~ur~s, ag~s ~suH~, findings of ~ct ~d any mitigatl~ ~ures un~r ~fion V. N~. ~ere indicted. circe ~e ~pr~dlte land u~ ~I~111W m ~ a~p~ili~ rating(s). (~ defin~ It ~fiom of ~i~ pa~). HAZARDS Alcluiet-Prioio Special Studlea or County Fault 12. 4k) Airport Noise (Fig. 11.18.5, 11.18.1 t Hazard Zones (Fig. VI.1) & VL12 & 1984 AiCUZ Report, M.A.F.B.) NA PS U R (Fig. VI:3) ~ A B C D (Fig, VIA 1) Liquefaction Potential Zone (Fig. Vl.1) ~)~ '~ ~..~. 13. J~ Rallrold Noise (Fig. Vl.13-Vl.16) NA $ ~ U R (Fig. Vl.4) ~"~ A B C O (Fig, Vl.11) Groundshaking Zone (Fig VI.1) C4_a,-.~ ::32:: 14. ~ Highway Noise (Fig. V1.17 - VI.2g) NA ~ P$ U R (Fig. VI.5) (~) A a C O (Fig, V1.11) Slopes (Riv. Co. 800 Scale Slope Maps) Landslide Riak Zone (Riv. Co. 800 Scale Seismic Maline or On-~ite InapectJon) S PS U R Rockfall Hazard (On-site Inal:mctio~) Expansive Solll (U.S.D.A. Soil ConaervaUon Service Soil Surveys) Erosion (U.S.D.A. Soil Conservation Service Soil Surveys) Wind Emosion A Blownand (Fig. VI.1, Ord. 460, Sec. 14.2 & Ord. 484) (Fig. 91.6) 18. (Fig. 91.8) 18. LI 19. JU 20. H Other Noise NA A B C D (Fig, V1.11) Project Generated Noise Affecting Notle Son$1five U~es (Fig. Vl.11 ) Nolle ~enlitive Project (Fig. VI.11) Air Quality Impacta From Project Pro~ect Sensitive to Air Quality Water Quality Impacta From Project 21...~ Pro, cS Senaitive to Water Quality 22..AL. HazardQua Maimtale and Weetee 10. I~ Dam Inundation AMa (Fig. 91.7) 11. k/ Fiooclplalns (Fig. 91.7) 25 .... . Other R 23. _.~ Hazamoua Fire Area(Fig. VI.30 - VI.31) 24. Other ~i,L,~IT~Cj~..~. ~ RESOURCES 26. KJ Agriculture (Iqg. 91.34- 91.35) 32. 27, ~ In or Near an Agricultuml Pmierve 33. (Riv. Co. Ag,~:dtuml Land Conver~Uon Confmcs MaI~! 2,.,.~ ..life (Fig. VI.3e-91.37) Vegetation (Fig. 91.38 - 91.40} 30..~ Mineral Re~ouroe~ (Fig. 91.41 - 91.42) 3a. , 31 Energy Re~)uroe~ (Fig. 91.43 - 91.44) 37. ~t~ Highwaya (Fig. VL45) Hialmic Reeoumee (Fig. VI.32 - Vl.33) Am~Mok~tcal .Reao~rcee ~c, ~'~5 (Fig. 91.32 - Vl.33 & 91.48- Vl.48) ~feentalagtcal Reeourc, e~ (Paleontologtcel Reaources Ma,o) (:':.: ~'. ~--.',' Definltlonl for Land Ule Suitability and NoMe Acceptability Ratingl NA - Not Kopltcable S - Generally Suitable PS - ProviNon&lly Suitable U - Generally Unsuitable R - RMtrtcled A - Generally Acceptable LAND USE DE'TERMINATION Complete this part unie. the project Is located in "Adopted Specific; PlAns", "REMAP" or "Rancho Villages Community Policy Areu." 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s): 2. LAND USE PLANNING AREA: '~::~"~WI='~'~'['- 3. SUBAREA, IFANY: '~,o~JC.4-~ C.,,~L..i~-OF~,~U)A 4. COMMUNITY POECY AREA, IF ANY: ~T":'. 5. COMMUNITY PLAN, IF ANY: .'.~~~J ~::::~:21"'" ~_~-.F~ 6. COMMUNITY PLAN DESIGNATION(s), IF ANY: "~ 7. SUMMARY OF POLICIES AFFECTING PROPOSAL: For all projects, inidcate with a yes (Y) or no (N} whether any public factlitie~ and/o~' Ben/ices issues may significantly affect or be affected by the proposal. All ref~'enced figures are contained in the Comprehensive General Plan. For any issue marked yes (Y), wrffe data sources, agencies consulted, findings of fact, lind mitigation measures under Section V. PUBUC FACILmE$ AND SERVICES 1. . C,.,lrculatJo~ (Fig. rv.l-lv.11. Diacuss in 10. ~ sec. v ExistJ~, Pinned & RKluired FIoade) 2,..[~ Bike TrIH, (Fig. IV.12 · IV.13) 11_ N 3. . Water (Agency Leltem) 12- 4, ~ (Agefi~'~f ~) 13. 5. Fire Sefvice~ (F)0. N. 16 - N.18) 14 6_tJ Shedff Servtce~ (F10 IV.17 - IV. 18) ?._~ Sc~x)ol. (Fig. IV.17- IV.18) 15. &_.._ S~idWam(Fio. IV.17-1V.18) 10- JJ o-/'J F'WkA m'M I'l~,,~.wtJ~ (no. iv. le- rv.20)17, , E~Je~tdln Trail8 (Fig. IV. 19 - N.24/ Riv. Co. 800 ~ Equestrian Trail Mac)s) Utlat~ (Fig. N25 - N.26) ~ (Fig. N. 17 - N. 18) ~ ~e ._m4ce~__ (Fig. IV.17 - IV. 18) ,NrportB (Fig. 11.18.2 - 11.18.4, #.18.8 - 11.18.10 & N.27 - IV.38) City ~ of Influence If ~ll or pad of the project il k)catad in "Adopted 8t:NlCifiC Planl", "REMAP" or "Rancho Villages Community Policy Armaa", revtew in detail the Ipecific IX)#cl~ applying to the pfr.;~111, Ind complete lhe following: 1. State the relevant iend u~e de~tgnatted'qs): 2. Ba~ed on !hi~ Initial study, kl the pr~. 0ffl ~t with ltm policlim Incl dellgnatiot'm of the appropriate document, and therefore cormlatent with ~ Gompmhena~ ~ Plan? If not, explain: LAND USE DETERMINATION (comlnuid) If aJl or part o~ the project site la In "A~eas not Designated as Op~ ~ce", mad la not in a Community Pla~, corr que~tlo~$ 1, 2, 3, 6 and 7. Complete que~tiorts 4, 5, 6 and 7 If it is In a Community Plan. 1. Land use catego~/(ies) necessary to support the proposed project. Also indicate land use type (i.e. residentiaJ, commercial, etc.) o Current land use cate~:~/~ies) for the site based on existing conditions. Also indicate land use type (i.e. residential, commercial, etc.) C~,'T~K~ 'TT""- 3. If D.1 differs from D.2, will the difference be resolved at the development stage? Explain: 4. Community Plan clesignstio~(s): Is the proposed project consistent with the policies and designations of the Community Plan? If not, explain: 6. Is the proposal compatible with existing and proposed ~urmunding land uses? If not, explain: 7. Based on this Initial ~tudy, il Ihe Prol:x3eal c~xtsistent with the Comprelmf~ve General Plan? ff not, reference by Section Ind I~ue Number thcee ilaues Identifying inco'mistencies: E. ff aJI oc part of the I:~ aite ks in an C)l~n E4xice and ~tlon clefnation, complete the following: 2. is the pn:)poe~ cxx~istont with the clealgnaticxXs)? tf not, oxp~n: 3. Baeed on this Initial ~tudy, is the propoeal conNaent with the ~Nve eerietel Plan? If not, reference by Section and ~ Number Ihcee isau~ ldentl~ng incona~incI: V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED: DATE SECTION/ INFORMATION INFORMATION ISSUE NO. ~ REOUIRED REQUESTED DATE ADEQUACY INFORMATION OETE~M~IATIOH RECEIVED (YES/NO,DATE) For each issue marked yes (Y) under Sectiona III.B and IV.B, Identify the Section and Issue number and Cid the following, in the format ss shown below: 1. List all additional relevant data ~ourcea, including agencies consulted. 2. State all findings of fact regarding environmental concerns. 3. State specific mitigation measures, if identifiable without requiring an environmental impact report (E.I.R.) 4. If additional information is required before the environmental aseasament can be completed, refer to Subsection A. 5. If additional sheets are needed to complete this ~ection, check the box at the end of the section and attach the necessary sheets. SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: '~. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (continued) SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: See at~eched pages. VI. ENVIRONMENTAL IMPACT DETERMINATION: The project will not have · elgnit~ant effect ott the efwtrofwnef~t and · Negative Declaration may be prepared. (or) The project could have · lignificant effect on the environmerit; hov,~vlr, there wtll not be · significant effect in thie case because the mitigation meaaure8 deecrlbed In Sectlea V have been applied to the project and · Nogltive Declaration may be prepared. (oq The project may have · significant effect on the environment and an Environmental Impact Report Nilme: rt·te: Prepared by RESOLUTION NO. 90- A RES_OLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING TENTATIVE PARCEL MAP NO. 23969 TO SUBDIVIDE A 21,56 ACRE PARCEL INTO 4 LOTS ON RIDGE PARK DRIVE, SOUTH OF RANCHO CALIFORNIA ROAD. WHEREAS, Omdahl Enterprises filed Tentative Parcel Map No. 23969 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tentative Parcel Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Parcel Map on September 17, 1990, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tentative Parcel Map; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findincls. That the Temecula Planning Commission hereby makes the following fi~-~ngs: A. Pursuant to Government Code Section 65360, a newly incorporated City shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The City is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: la) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. lb} There is little or no probability of substantial detriment to or interference with the future FORMS\RES-TTM Ic) adopted general plan if the proposed use or action is ultimately inconsistent with the plan. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, {hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tentative Parcel Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: {1) The City is proceeding in a timely fashion with a preparation of the general plan. { 2) The Planning Commission finds, in approving projects and taking other actions, including the issuance of building permits, pursuant to this title, each of the following: There is reasonable probability that Tentative Parcel Map No. 23969 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. lb) There is little or no probability of substantial detriment to or Interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. Ic) The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 6.5, no Tentative Parcel Map may be approved unless the applicant demonstrates the proposed use will not be detrimental to the health safety and welfare of the community, and further, that any Tentative Parcel Map approved shall be subject to such conditions as shall be necessary to protect the health, safety and general welfare of the community. E. As conditioned pursuant to SECTION 3, the Tentative Parcel Map is compatible with the health, safety and welfare of the FORMS\RES-TTM 2 ! community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that the proposed project will not have a significant impact on the environment, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby approves Tentative Parcel Map No. 23969 for the subdivision of a 21.56 acre parcel into four 14) lots located at Ridge Park Drive, south of Rancho California Road, subject to the following conditions: A. Exhibit A, attached hereto. PASSED, APPROVED AND ADOPTED this 17th day of September, 1990. DENNIS CHINIAEFF CHA I RMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the day of , 1990 by the following vote of the Council: AYES: NOES: ^ BSENT: PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS FORMS\RES-TTM 3 APPLICANT'S ACKNOWLEDGMENT I have read, understand and accept the conditions for approval set forth herein above in this Resolution of approval for Tentative Parcel Map No. 23969. DATED: By Name Title FORMS\R ES-TTM ~I CITY OF TERECULA ENGINEERING DEPARTRENT FEES AND SECURITIES REPORT PARCEL MAP / TRACT NO. 23969 DATE 12/10/90 FAITHFUL PERFORMANCE SECURITY IMPROVEMENTS Streets and Drainaq. e $ 20,000.00 N/A N/A 20,000. O0 Water $ Sewer TOTAL $ *Maintenance Retention (10% for one year) *(or Bonds if work is completed) Monument Security City Traffic Signing and Striping Costs RCFC Drainage Fee Due Signalization Mitigation Fee - SMD ~9 Road and Bridge Benefit Fee Other Developer Fees Plan Check Fee Due Inspection Fee Due Monument Inspection Fee Fee Paid To Date (Credit) Total Inspection/Plan Check Fees Due MATERIAL & LABOR SECURITY $ 10. 000.00 $ N/A $ N/A $ lO,OOO. oo $ 2,000.00 $ 1,540.00 $ -0- $ 75,559.71 $ 37,747.50 $ -0- $ -0- $ $ $ $ $ 1,942.00 860.06 -0- -0-- 2,802.06 STAFFRPT~FPM 23969 4 ITEM NO. 9 APPROVAL CITY ATTO RNEY~Z._C FINANCE OFFICER CITY MANAGER v CITY OF TEMECULA AGENDA REPORT TO: FROM: SUBJECT: DATE: City Manager/City Council Mr. Joe H reha, Manager of Information System RESOLUTION AUTHOR/ZING A HOUSEHOLD HAZARDOUS WASTES GRANT APPLICATION February 5, 1991 RECOMMENDATION: DISCUSSION: FISCAL IMPACT: A TTA CHMENTS: Adopt a resolution authorizing an application to be submitted to the California Integrated Waste Management Board (CIWMB) for a Household Hazardous Wastes (HHW) program grant to be executed by the City Manager. The CIWMB announced that $4M is available for grant funding for new or expanded HHW programs. Each grant shall not exceed $120K. See Attachment A. The City of Temecula does not currently have a HHW program and is eligible for a grant. Therefore, Staff is developing our HHW program and preparing the grant application. The resolution at Attachment B is a requirement for the grant and will become a part of the grant application. With grant approval, up to a maximum of $120K will be available for our HHW program. A B CIWMB letter of November 30, 1990 Proposed Resolution 91- Authorizing a Household Hazardous Wastes Grant Application STATE OF C,MAFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD 1020 Nin:h S~ree:, Suite 300 Sacramento, Cau:'omia 95814 November 30, 1990 GEORGE DEU.~MEJiAN, Governor Dear Discretionary Grant Applicant: The California Integrated Waste Management Board is accepting applications for discretionary grants for :he Household Hazardous Waste Grant Program for g-rant year 1989/90. The enclosed application manual provides instructions for completing the application forms and for responding to the elements upon which the application will be evaluated. The application period begins Monday, December 3, 1990, and ends at 4:00 p.m. on Friday, February 22, 1991. Applications received after this time and date will be returned unopened. Eligibility Cities, counties, and local agencies with responsibility for waste management are eligible to apply for a discretionary grant. Grant funds will be used to fund proposed or implemented household hazardous waste (HIWvV) programs that prevent the disposal of HHW in solid waste landfills. Funding Available Annual funds available for the HHW Grant Program total $4,000,000. The revenues remaining after all non-discretionary grants have been awarded will be used to fund discretionary grants. For this grant year, the funds available will not be determined until February 1991, after the Board has awarded all non-discretionary grants. Any individual discretionary grant shall not exceed $120,000. Eligible Applications Applications will be accepted for proposals and for reimbursement of implemented programs as outlined below. For purposes of this grant program, 'proposal' constitutes a program that has not been implemented prior to the close of the discretionary grant application period i.e., February 22, 1991, for this grant year. Proposals To establish and implement a new program. To add a service or capability to an existing program. Reimbursement Requests for additional reimbursement for non-discretionary grants received this grant year. Requests for reimbursement for programs implemented in fiscal year 1989/90 from jurisdictions that were eligible to apply for a non- discretionary grant this grant year but did not do so. If you have questions on preparing the grant application or need information on the grant program, please call Sharron Leaon at (916) 322-8750 or Anna Ward at (916) 322-1440. Sincerely, H. Fernando Berton, Manager Household Hazardous Waste Management Program Attachment -- Printed on Recycled Paper -- RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING HAZARDOUS WASTES GRANT APPLICATION WHEREAS, the City of Temecula recognizes that is in the public interest to enact and implement and integrated waste management plan to address the state's diminishing landfill space and the potential adverse environmental impacts for landfilling; and WHEREAS, funds are available, pursuant to the provisions of Public Resources Code Sections 46400 and 46401 from the Solid Waste Management Fund, for grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS; SECTION 1. City Council of the City of Temecula authorizes the submittal of an application to the California Integrated Waste Management Board for a Household Hazardous Waste Grant. The city manager of the City of Temecula is hereby authorized and empowered to execute in the name of City of Temecula all necessary applications, contracts, agreements and amendments to secure grant funds and to implement and carry out the purposes specified in the application. SECTION 2. The City Clerk shall certify the adoption of this Resolution. SECTION 3. The City shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED, this 12th day of February, 1991. ATTEST: Ronald J. Parks, Mayor June S. City Clerk [SEAL] 3~¢~a124 -1- 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 Temecula at a regular meeting thereof, held on the 12th day of February, 1991 by the following vote of the Council: AYF.,S: C OUNCILMEMBERS: NOF~: COUNCILMEMBERS: ABSENT: C OUNCILMEMBERS: June S. Greek, Deputy City Clerk 3/Rcaoa 124 -2- ITEM NO. 10 APPROVAL CITY ATTORNEY FINANCE OFFICER,~__..~.. City MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: SUBJECT: DATE: City Manager/City Council Mr. Joe Hreha, Manager of Information Systems,~/~ SUPPORT FOR THE TEMECUI A HIGH SCHOOL EARTH CLUB'S PAPER RECYCLING PROGRAM February 6, 1991 RECOMMENDA T/ON: DISCUSSION: FISCAL IMPACT: Authorize the City Manager to send a letter to the Earth Club accepting their offer to pick up and recycle all City Hall white, colored, and computer paper and newsprint. Attached is a letter from Mr. Jeff Haines, Temecula Valley High School Earth Club President, requesting that the City of Temecula donate all white, colored, and computer paper and newsprint to the Earth Club 'for recycling. Inland Disposal will pick up the City Hall paper and pay the City an average of $80.00 a ton; however, consolidation has taken place but pick ups have yet to occur. The Earth Club will pick up all of the paper and perform the recycling effort. The profits derived will be retained by the Earth Club to fund other recycling, waste diversion, and public waste management education projects that they have planned. Staff supports the Earth Club's goals and objectives as long as the profits are used to support the Club's goals and objectives. Therefore, the monies derived from this donation will be far outweighed by the Club's efforts in waste management. To date, funds have not been collected from our recycling efforts and the anticipated revenue has not been budgeted. Therefore, no fiscal impact exists. However, it is noted that potential revenue (roughly estimated at $500 annually) is indirectly being diverted to the Earth Club. ATTACHMENTS: Mr. Jeff Haines' letter of January 23, 1991 January 23, 1991 David Dixon, City Manager City of Temecula P.O. Box 3000 Temecula, California 92390 Dear Mr. Dixon As you may know, the Temecula Valley High School Earth Club is currently beginning its white/colored paper recycling program within the school district. In addition, several businesses have expressed interest in recycling their paper through our club. As I understand, the City has already started saving its paper, in the hopes of soon having it recycled. Due to the circumstances, I believe that we can help each other in our efforts through an agreement, in which the Earth Club would come to the office to pick up the paper, as often as necessary. The club, of course, would make the profit, but such an agreement would relieve the City of the burden of having to haul away the paper. Please consider this idea. If you think of any other ways in which the city and school can work together, please let me know. Thank you. Sincerely Jeff Haines T.V.H.S. Earth Club President 677-9299 ITEM NO. 1 1 PP OW . CITY ~%N~GER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council / City Manager Rick Sayre Chief of Police February 12, 1991 Great Temecula Rod Run RECOMMENDATION: That the City Council approve the temporary road closure of Front Street between 6th and 2nd Streets on February 24th, 1991 and that a Temporary Outdoor Event Permit be issued to the Temecula Town Association. BACKGROUND: The Temecula Town Association is sponsoring the Great Temecula Rod Run on February 24, 1991. The event will involve the closure of Front Street between 6th and 2nd Streets during the hours from 5:00 A.M. to 3:00 P.M. All concerned City Departments have approved the event plan as submitted by the Temecula Town Association. The Town Association is requesting relief from the fees associated with the event permit. It is Staff's recommendation that the request be approved for this event because of prior rent free use of Temecula Town Association facilities. FISCAL IMPACT: A basic Outdoor Event fee is $171.00 ITEM NO. 12 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECUI. A AGENDA REPORT City Council/City Manager Chief Building Official February 12, 1991 Consideration of Adoption of a Modification to the City Building Codes by Adding a Chapter for the Mitigation of Unreinforced Masonry Buildings. RECOMMENDATION: ordinance entitled: Conduct a public hearing and read by title only and adopt an ORDINANCE NO. 91-04 AN ORDINANCE OF THE CITY COUNCIl- OF THE CITY OF TEMECUI,A AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO THE "UNIFORM BUII,DING CODE" OF THE CODE OF THE CITY OF TEMECULA BY THE ADDITION OF SECTION 4-K, WHICH MODIFIES THE 1988 EDITION OF THE UNIFORM BUII,DING CODE, AS ADOPTED BY SAID CITY, 8YADDING CHAPTER 71, FOR THE PURPOSES OF THE IDENTIFICATION OF SEISMIC HAZARDS AND THE MITIGATION THEREOF AS REQUIRED BY GOVERNMENT CODE 8875 ET SEQ BACKGROUND: The Building Official is proposing to modify the currently adopted 1988 edition of the of the Uniform Building Code, by adding a Chapter 71. The purpose of the Chapter is to establish a Hazardous Building Mitigation Program complying with the requirements of the Unreinforced Masonry (URM) Building Law (Senate Bill 547). The proposed modification to the Uniform Building Code defines the procedure for property owner notification, structural analysis of the buildings, reporting of analysis results, and implementation of subsequent strengthening work. Once the URM Ordinance has been adopted, the Building Official will complete his survey of potentially affected buildings and notify the owners of the requirements under this ordinance and SB 547. The law provides an opportunity for each owner to appeal any determinations made by the Building Official under this ordinance. Agenda Report- URM Ordinance Adoption February 12. 1991 Page 2. A public hearing date of February 12, 1991, has been set to hear any objections to the adoption of the proposed modifications to the City Building Codes. Attachments: Ordinance 91-04 AJE:jsg ORDINANCE NO. 91-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO THE UNIFORM BUILDING CODE" OF THE CODE OF THE CITY OF TEMECULA BY THE ADDITION OF SECTION 4-K, WHICH MODIFIES THE 1988 EDITION OF THE UNIFORM BUILDING CODE, AS ADOPTED BY SAID CITY, BY ADDING CHAPTER 71, FOR THE PURPOSES OF THE IDENTIFICATION OF SEISMIC HAZARDS AND THE MITIGATION THEREOF AS REQUIRED BY GOVERNMENT CODE 8875 ET SEQ. WHEREAS, City Ordinance No. 90-04 adopted by reference portion of the non-certified Riverside County Ordinance, including Ordinance No. 457.73, pertaining to the Uniform Building Code; and, WItEREAS, Temecula, like most California Cities is subject to periodic earthquakes; and, WHEREAS, SB 547, now codified as Government Code Section 8875 et seq., enacted by the State of California in 1986 requires that all cities within Seismic Zone 4 to identify all potentially hazardous buildings and to establish a program for mitigation of identified potentially hazardous buildings; and, WHEREAS, in the City of Temecula there are several unreinforced masonry structures which may be subject to SB 547. NOW, THEREFORE, The City Council of the City of Temecula does hereby ordain as follows: SECTION 1. Section 4, "Uniform Building Code", of Ordinance No. 457.73 as adopted by City Ordinance No. 90-04 is hereby amended by the addition of a new subsection (K) as further amendments to the 1988 edition of the Uniform Building Code to read as follows: Section 4-K Chapter 72 is hereby added to read as follows: Chapter 71 SEISMIC HAZARDS IDENTIFICATION PROGRAM 3/Ords 91-04 -1- Sections 71.01 o 71.09 71.01 71.02 71.03 71.04 71.05 71.06 71.07 71.08 71.09 71.10 71.11 71.12 71.13 Purpose Definitions Potentially Hazardous Buildings Exemptions Identification Process Final Listing of Potentially Hazardous Buildings Order and Recordation Appeal from Order Engineering Reports Responsibilities of Building Owners Status Reports Abatement of Dangerous Buildings Remedies 71.0! Purpose The purpose of this Section is to promote public safety by identifying those potentially hazardous buildings in Temecula and establish a program to mitigate potential hazards as required by SB 547, Government Code Section 8875 et seq. 71.02 Definitions (a) "Beating wall" means any wall supporting a floor or roof where the total superimposed load exceed one hundred (100) pounds per linear foot, or any unreinforced masonry wall supporting its own weight when over six (6) feet in height. (b) "Building," for the purpose of determining occupant load, means any contiguous or interconnected structure; for purposes of engineering evaluation means the entire structure or a portion thereof which will respond to seismic forces as unit. (c) "Building Geometry" means a building's shape or configuration, including setbacks or wall/column lines, reentrant corners, discontinuities in vertical and horizontal lateral force diaphragms, open storefront and building stiffness variations due to the distribution of resisting elements or the use of material of differing properties within the same structural element, or other irregularities in plan or elevation. (d) "Capacity for transfer" means the maximum allowable capacity of a structural system or connection to resist in a ductile manner the lateral forces it would encounter due to earthquake forces. (e) "Civil Engineer or Structural Engineer" means an active, licensed civil or structural engineer registered by the State of California pursuant to the rules and regulations of 3/Ords 91-04 -2- Title 16, Chapter 5 of the California Code of Regulations. (0 "External hazard" means an object attached to or forming the exterior facade of a building which may fall onto pedestrians or occupants of adjacent buildings. Examples of this type of hazard include, but are not limited to, the following: concrete. 1. Nonstructural exterior all panels, such as masonry infill or decorative precast 2. Parapets. 3. Marquees, awnings or other roof-like projections from a building. 4. Masonry or stone wall veneer and wall ornamentation, including cornices or other decorative appendages. 5. Masonry chimneys. 6. Tile roofing. 7. Wall signs and exterior lighting fixtures hung from a building exterior. 8. Fire escapes or balconies. (g) "Occupants" means the total occupant load of a building determined by Table 33-A of the 1988 Uniform Building Code of the actual maximum number of occupants in that building if that number is less than seventy five percent (75 %) of the number determined by using Table 33-A. The number of actual occupants may be documented by counting actual seating capacity if permanent seating is provided in occupancy, or by employee and client counts which can be substantiated as a practical maximum use of the space in the building. The Building Official will establish the procedure for documenting occupant loads. (h) "Solution" means any justifiable method that will provide for the transfer of lateral forces through a system or connection to a degree which will substantially eliminate a potential collapse failure. A general description of the methods and materials to be used shall be included in sufficient detail to allow for a cost estimate of the solution to be made (i.e., adding shear walls, overlaying horizontal diaphragms, strengthening critical connections, etc.). (i) "Unreinforced masonry (URM) building" means any building containing walls constructed wholly or partially with any of the following materials: 1. Unreinforced brick masonry. 2. Unreinforced concrete masonry. 3lOrds 91-04 -3- 3. Hollow clay tile. 4. Adobe or unburned clay masonry. Unreinforced refers to construction without imbedded metal rebar of 3/8" diameter minimum or wire mesh meeting engineering standards for the specific building type in question. (.j) "Unreinforced masonry (URM) wall" is a masonry wall in which the area of reinforcing steel is less than t,qenty five percent (25%) of that required by the Building Code for reinforced masonry. (k) "Unreinforced masonry bearing wall" is a URM wall which provides the vertical support for a floor or roof for which the total superimposed load is over one hundred (100) pounds per linear foot of wall. 71.03 Potentially Hazardous Buildings. The provisions of this Chapter shall apply to all existing buildings in Seismic Zone 4 having at least one unreinforced masonry bearing wall. provisions of the Building Code shall apply. 71.04 Except as provided herein, all other Exemptions This Chapter shall not apply to: 1. Detached one or two family dwellings and detached apartment houses containing less than 5 dwelling units and used solely for residential purposes. 2. Essential Facilities as defined in Table 23-K of the Building Code. 3. Hazardous Facilities as defined in Table 23-K of the Building Code. 4. Buildings designated as historical landmarks or preservation districts as designated by ordinance of the City Council, provided such buildings comply with all the requirements provided in said Ordinance. 5. Federal Buildings, State Buildings and Public Schools, for which the City has no jurisdiction. 6. Buildings which have been structurally upgraded in substantial accordance with the 1973, or later, edition of the Uniform Building Code. 71.05 Identification Process 3lOrds 91-04 4- (a) Survey. The Building Official will cause to be completed a survey of structure in the community and research of available records to develop preliminary list of potentially hazardous buildings. As required by SB 547, the Building Official will cause said list to be submitted to the California Seismic Safety Commission. (b) Initial Owner Notification. The property owners whose buildings have been identified on the preliminary list shall be notified by the City that their building has been identified as being potentially hazardous within the scope of this Ordinance, and that if this building is on the final listing that they will be required to have an engineering report prepared on the structural adequacy of this building. The initial notification will include a request of submission of any and all information within ninety (90) days as to the building's age, structure, occupancy, repairs or improvements to strengthen the building, and documentation if their structure may qualify for an exemption. 71.06 Final Listing of Potentially Hazardous Buildings At a scheduled public hearing, notice of which will be provided to the property owners of each building on the preliminary list, the City Council will consider all evidence, testimony and the recommendations of Building and Safety in developing a final Listing of Potentially Hazardous Buildings. 71.07 Order and Recordation Within thirty (30) days of the City Council's determination, the City Clerk shall cause to have issued an order to each and every owner of buildings on the final Listing of Potentially Hazardous Buildings. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment, and upon the person, if any, in apparent change or control of the building. The order shall specify that the building has been determined by the City to be within the scope of this Ordinance, and, therefore is required to prepare an engineering report as outlined in Section 71.08 of this Ordinance. Said engineering report shall be submitted to the City's Building and Safety Division within six (6) months of the date of the mailed notice. At the time that the aforementioned order is served, the City Clerk shall file with the office of the County Recorder a certificate stating that the subject building is within the scope of this Ordinance and that the owner has been ordered to structurally analyze the building and file an engineering report with the City within (6) months of that date. 71.08 Appeal from Order The owner of the building may appeal the building official's initial determination that the building is within the scope of this Chapter to the Board of Appeals established by Section 204 of the Building Code. Such appeal shall be filed with the Board within thirty (30) days from the service date of the order described in Section 71.07 of this chapter. Any such appeal shall 3lOrds 91-04 -5- be decided by the Board no later than ninety (90) days after writing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to the Chapter shall be made in accordance with the procedures established in Sections 105 and 106 of the Building Code. 71.09 Engineering Reports (a) Preparation of Reports. Building owners of potentially hazardous buildings shall employ a civil or structural engineer to prepare the investigation and engineering report outlined below and as referenced to Appendices A and B. (b) Purpose. The engineer shall investigate, in a thorough and unambiguous fashion, the building's structural systems that resist the forces imposed by earthquakes and to determine if any individual portion or combination of these systems is inadequate to result in a structural failure (collapse or partial collapse). (g) General. Each building shall be treated as an individual case without prejudice or comparison to similar type or age building which may have greater or lessor earthquake resistance. Generalities or stereotypes are to be avoided in the evaluation process by focusing on the specifics of the structural system of the building in question and the local geology of the land on which the building is constructed. (d) Level of Investigation. Some buildings may require extensive testing and field investigation to uncover potential structural deficiencies, while others will allow the same level of overall evaluation by a less complicated process due to the simplicity of design or the availability of original or subsequent alteration design or construction documents. (e) Format for the Report. The following is a basic outlined of the format each engineering report should follow. This outline shall not be construed to be a constraint on the professional preparing the report, but rather to provide a skeleton framework within which individual approaches to assembling the information required by the Ordinance may be accomplished. It shall serve as a means for the City to evaluate the completeness of each report. 1. General Information. A description of the building including: (i) street address; (ii) the type of occupancy use within the building, with separate uses that generate different occupant loads indicated on a plan showing the square footage of each different use; (iii) plans and elevations showing the location, type and extent of lateral force resisting elements in the buildings (both horizontal and vertical elements); 3lOrds 91434 -6- (iv) a description of the construction materials used in the structural elements and information regarding their present condition; (v) the date of original construction, if known, and the date, if known, of any subsequent additions or substantial structural alterations of the building; and (vi) the name and address of the original designer and contractor, if known, and the name and address of the designer and contractor, if known, for any subsequent additions or substantial structural alternations. 2. Investigation and Evaluation of Structural Systems. All items to be investigated and the methods of investigation for each type of building under consideration are contained in Appendices A and B, attached hereto. 3. Test Reports. All field and laboratory test results shall be included in the report. Evaluation of the significance of these test results shall be made with regard to each structural system or typical connection being evaluated. This evaluation may be limited to a statement of the adequacy or inadequacy of the system or connection based on the lateral load demand it would be required to resist by calculation. If tests reveal inadequacy, a conceptual solution must be included in the report. 4. Conclusions. Based on the demand/capacity ratio and the specific evaluation items contained in Appendices A and B, a statement shall be provided explaining the overall significance of the deficiencies found to exist in the building's lateral force resisting system regarding potential collapse or partial collapse failure. 5. Recommendations. An appropriate solution, which could be used to strengthen the structure to alleviate any collapse or partial collapse threat, shall be specified. (f) Exceptions and Alternatives. Exceptions to the specific items required to be included in an engineering report may be granted by the Building Official upon review of a written request from the engineer preparing the report. Such a request shall provide evidence that adequate information concerning the required items(s) can be determined by alternate means or that conclusion can be made about the item without following the solution called for in the appropriate appendix. The purpose of granting such exceptions shall be to reduce the costs or disruption that would result from taking required actions, when it can be shown that they are unnecessary to provide information available by other equivalent means. In no case will an exception be granted which would result in an item not being completely evaluated. The decision of the Building Official in granting exceptions is final. 71.09 Review of Reports (a) City Building and Safety Officials will review the report, with the assistance of civil and structural engineers as necessary, to determine whether the report conforms with the 3/Ords 91-04 -7- requirements of this Ordinance. (b) The cost of this review shall be recovered by a fee assessed from the building owner based on the time required for the review. This fee amount may be deducted from or partially credited to the plan checking fee collected for any future construction work that deals directly with correcting any of the structural inadequacies specified in the engineering report. (c) Copies of the engineering report shall be available to interested individuals for a standard copying fee or may be reviewed at the Building and Safety Offices during regular office hours. 71.10 Responsibilities of Building Owners (a) Availability of Report. The report shall be available to the tenants of the buildings. (b) If the building is found in compliance, another notice of that fact will be recorded to that effect. (c) Letter of Intent. A building owner shall submit a letter to the City Building and Safety Office within six (6) months of the date the engineering report was submitted, indicating the owner's intentions for dealing with the potential collapse hazards found to exist in the building. 71.11 Status Reports The Building Official shall submit periodic reports, not less than annually, to the City Council on the status of the seismic hazards identification program. The reports shall include information regarding the number of buildings analyzed, the severity of the structural inadequacies discovered and any action taken by individual building owners to correct these inadequacies. 71.12 Abatement of Dangerous Buildings It satisfactory progress is not made or intent plans of the building are not followed, the City may process the structure as a Dangerous Building pursuant to City Building Code Section 203, et. seq. 71.13 Remedies It shall be unlawful for the owner of a building identified as being in the scope of this Ordinance to fail to submit a report on either building collapse hazards or external hazards, provide notice or to fail to submit a letter to intent within the time periods specified in this Ordinance. The following remedies are available to the City: 3lOrds 91-04 -8- a. The City may seek injunctive relief on behalf of the public to enjoin a building owner's violation of this Ordinance. b. A building owner violating this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with Section 1.01.200 of Code of the City of Temecula. SECTION 2. The City Council Hereby finds that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15031(d), 15309 and 15321, pursuant to the State CEQA Guidelines. SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be posted in at least three public places in the City. PASSED, APPROVED AND ADOPTED this 12th day of February, 1991. Ronald J. Parks, Mayor A~FEST: June S. Greek, City Clerk [SEAL] 3lOrds 91-04 -9- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91.-04 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of January, 1991, and that thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of February, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Ords 91-04 -10- ITEM NO. 13 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: MEETING DATE: SUBJ£C~ CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk February 12, 1991 Community Development Block Grant Funds RECOMMENDATION: Invite public input and proposals relative to community projects which may be eligible to receive Community Development Block Grant (CDBG) Funds. BACKGROUND: The County of Riverside Economic Development Department annually presents the county-wide applications for Community Development Block Grants to the Board of Supervisor. It is necessary for each City to solicit input from the community at a public meeting, and at a subsequent meeting make decisions regarding those projects whose applications the City wishes to sponsor for CDBG funding. This years deadline for applications to be filed with the Economic Development Department is March 8th. It is not necessary that this meeting be a formal Public Hearing, but we have asked our local press to publish notification of this input session. I will schedule this matter on the agenda of February 26, 1991 for your final consideration. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COUNTY OF RIVERSIDE CITIZEN PARTICIPATION PROGRAM MAY 1989 O 'OF OUNTy N CAt. ~0~"~ / ¥9, 15q~.~ RIVERSIDE COUNTY BOARD OF SUPERVISORS Walter P. Abraham, First District Melba Dunlap, Second District Kay Ceniceros. Third District Patricia "Cork)," Larson, Fourth District A. Norton Younglove, Fifth District RIVERSIDE COUNTY ' 3499 TENTH ST. ' P.O. 80X 1180 · RIVERSIDE, CA 92502 ® (714) 788-9770 · FAX (714) 788-1415 AVIATION · ECONOMIC & COMMUNITY DEVELOPMENT · REDEVELOPMENT 3anuary 17, 1991 'Mr. David F. Dixon City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 Dear Mr. Dixon: R'ECEJVED File: 17th Year RE: 17TH PROGRAH YEAR CONMUNITY DEVE'LOPHENT BLOCK GRANT PROC-.-.-.-.-.-.-.-.-~{AM As we look forward to the 17th Program Year (1991-92) of the Comaunity Development Block Grant (C08G)- Program, now is the time to begin the identification of activities that will benefit your city. Activities funded in the past through the C08G Program include parks, roads, water and sewer lines, flood control facilities, fire equipment and to a limited extent, public services. To be eligible for COBG funding, a project must meet one of the following three primary objectives: 1. Activities primarily benefiting low and moderate income persons. 2. Activities which aid in the prevention or elimination. of slums or blight. Activities designed to meet community .development needs having a particular urgency. To qualify under the prevention or elimination of slums or blight category, the activity must meet the State .of California definition of slums or blight, or the community must be located in a designated redevelopment area. For the 17th Program Year, we estimate that an amount-in excess of $5,000,000 will be made available to Riverside County ~nd its participating cities. The exact amount to be made available should be confirmed by ,the U,S; Oepartment of Housing and Urban Development some time in early 1991. CDBG Program 17th Program Year Oanuary 17, 1991 Page 2 Federal COBG regulations require the city to provide for and encourage citizen participation, with particular emphasis on participation by persons of low and moderate income. It is imperative, therefore, that public hearings be provided to obtain citizen views and to respond to proposals and questions at all stages of your community development program. To this end, I am attaching a copy of the County's Citizen Participation Plan for your review and implementation. Please be reminded that Federal CDBG regulations require each City to ~rovide for and encourage citizen participation with particular emphasis on participation by residents of low and moderate income neighborhoods. Cities are required to hold at least one public meeting to discuss proposed uses of Community Development Block Grant funds, and are encouraged to use a variety of methods to gather input from their citizens regarding potential activities. You are further required to submit copies of public notices of such meetings to our department as part of the application process. I strongly recommend that your City Council not act with recommendations at the public meeting/hearing level. This will provide a meaningful opportunity for public participation. Furthermore, it will allow staff time to review any potential applications or work with a community group in the development of an application. CDBG Program Entitlement Fund Project Application forms are enclosed. applications must be submitted by March 8, 1991. All Should you have any questions or require additional information, please contact me at (714) 788-9770. SMW:njb (0440S) Enclosure cc: Mayor Very truly yours, SUSAN MANEE-W/~4SLEY Deputy Director - Grants RIVERSIDE COUNTY · P.O. BOX 1180 · 3499 TENTH ST. · RIVERSIDE, CA 92502 · (714) 788-9770 · FAX (714) 788-1415 AVIAllON · ECONOMIC & COMMUNITY DEVELOPMENT · REDEVELOPMENT COUNTY OF RIVERSIDE Community Development Block Grant Program Entitlement Funds Pro~ect Application Form The attached form must be completed by all agencies or entities applying for Entitlement Funds, and is to be used only for Entitlement projects. ALL QUESTIONS MUST BE ANSWERED, AND REQUIRED DOCUMENTATION ATTACHED. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR REVIEW. If additional space is required to complete the response, continue the answer on additional attached sheets, in sequence, and numbering the response. Funds will be available after July l, 1991. Should you require any assistance in completing the application, contact the appropriate Representative at (714) 788-9770. You are encouraged to submit your application well before the deadline to allow ample time for review, completeness, and accuracy. AREA REPRESENTATIVE SUPERVISORIAL DISTRICT Kevin L. Palmer 1 John R. Viafora 2 Margarita H. de Escontrias 3 Aurelio Aguirre 4 John R. Viafora 5 YOU MUST SUBMIT AN ORIGINAL WITH A1-FAC~MENTS AND TWO COPIES FOR A TOTAL OF THREE, TO THIS OFFICE BY 5:00 P.M. MARC~ 8, lggl. Economic Development Agency County of Riverside 3499 Tenth Street P.O. Box l180 Riverside, CA 92502 PROPOSAL NUMBER Date Received (1991-92) ENTITLEMENT FUNDS PROJECT PROPOSAL COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) I. GENERAL INFORMATION' Name of Primary Activity Sponsor: Mailing Address: Telephone Number: ( ) Contact Person: Address (If different from above): Zip Code Title- Amount Requested: Will this project benefit more than one supervisorial district? Yes No If the project will serve more than one supervisorial district, please identify the districts: I_~I. ORGANIZATIONAL HISTORY' (This is applicable only if.you are a non-profit organization). Please provide a list of your current Board of Directors. Date Organization founded: Date Organization incorporated as a non-profit organization Number of volunteers Number of paid staff Federal identification number State identification number ATTAOi ARTICLES OF INCORPORATION AND BY-LAWS III. PROJECT ACTIVITY: (check applicable category) Real Property Acquisition Public Service Housing ~ Capital Equipment ~ Rehabilitation/Preservation (please provide picture of structure) ~ Planning/Studies Public Facilities Improvements (construction) Other- explain -2- IV. PROJECT NARRATIVE: A. Name of Project: Location of Project: Geographic Area to be served: B. Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. 1. Provide a detailed description in quantifiable terms: (attach additional sheets if necessary) Explain how the pro~ect appropriately addresses the identified needs of the area to be served. Identify the needs; and explain how these needs were identified (i.e. study, survey, etc.) (attach additional sheets if necessary) -3- Identify the census tracts served by the proposed project. countyuide benefit, so indicate) (Attach additional sheets necessary) If this is a public service activity: (A) Is this a new service provided by your agency? Yes No __ (B) If service is not new, will the proposed activity substantially increase the existing level of service? Explain how the service will be substantially increased. (attach additional sheets if necessary) Discuss the pro~ect's effect on low and moderate income residents, identifiable groups ~nd neighborhoods, highlighting the expected benefits to the residents: (attach additional sheets if necessary) -4- 6. Attach maps of proposed project's location and service area. V. PROJECT BENEFIT: To be eligible for CDBG funding, a project must qualify within one of the three following categories. Indicate how the activity meets the following categories of benefits. Indicate the source of the information provided. CATEGORY 1. PRIMARY BENEFIT TO LOW AND MODERATE INCOME PERSONS. Number of all persons to be served by this project Number and percent of low and moderate income households to be served by this project: (Low and moderate income households less than $14,500 annual income). SOURCE: Median Household Income of area to be served: Number and percentage of elderly (60 yrs. +) to be served by this project: SOURCE: Number and percentage of minorities to be served by this project: SOURCE: CATEGORY 2. PREVENTION OR ELIMINATION OF SLUMS AND BLIGHT: Provide Documentation: Is the project located in a Redevelopment Area? SOURCE: -- 5 -- CATEGORY 3. DOCUMENTED HEALTH OR SAFETY CONDITION OF PARTICULAR URGENCY: Provide Documentation: SOLIRCE: VI. FINANCIAL INFORMATION: Complete the following annual budget to begin on July 1, of this year. If multi-year funding is requested, attach a budget for each additional year. If these line items are not applicable to your activity, please attach an appropriate budget. BUDGET SUMMARY TOTAL CDBG FUNDS REOUESTED I. Personnel A. Salaries & Nages $ $ B. Fringe Benefits $ $ C. Consultants & Contract $ $ Services $ $ SUB-TOTAL $ $ II. Non-Personnel A. Space Costs $ $ B. Rental, Lease or Purchase of Equipment $ $ C. Consumable Supplies $ $ D. Travel $ $ E. Telephone $ $ F. Other Costs $ $ SUB-TOTAL $ $ III. Planning Studies $ $ IV. Architectural/Engineering Design $ V. Acquisition of Real Property $ $ VI. Construction/Rehabilitation $ $ TOTAL: $ $ Identify other funding sources; identify commitments or applications for funds from other sources to implement this activity. Attach evidence of commitment. Funding Source Amount Requested Date Available Type of Commitment -6- If this project benefits citizens of more than one community or local jurisdictions and/or municipalities, have requests been made to those other jurisdictions: Yes No If yes, identify sources and indicate outcome If no, please explain Nas this project previously funded with CDBG funds? if yes, when? Is this activity a continuation of a previously funded (CDBG) project? (explain) VII. MANAGEMENT INFORMATION: (PROVIDE THIS INFORMATION BY ATTACHMENT). Ae Describe the organization responsible for managing and operating the project, including previous similar experience, list sources, and commitment of funds for operation and maintenance. Identify project manager, or person in charge of the project's day-to-day operations. B. Timetable for Project Implementation. Indicate primary project objectives: if you wish). (You may attach a time chart, OBJECTIVE START DATE COMPLETION DATE If you have never received CDBG funding from Riverside County, provide evidence of any previous experience with other Federally funded programs. Source Activity Year Amt. Funds Received Funds Expended -7- VIII. CITIZEN PARTICIPATION: Every project proposal MUST contain evidence of citizen participation and support for the proposal. That evidence must include documentation of at least one community meeting this year at which the specific project was discussed and opportunity given for citizen input. Describe the methods used to obtain citizen involvement and attach appropriate documentation. IX. PLANNING: Ae Identify the most applicable adopted plans or strategies which the proposed project will help implement: -8- CERTIFICATION Undersigned hereby certifies that: 1. The information contained in the project proposal is complete and accurate. o The sponsor shall comply with all Federal and County policies and requirements affecting the CDBG program. The federal assistance made available through the CDBG program funding is not being utilized to substantially reduce the prior levels of local financial support for community development activities. 4. The sponsor shall maintain and operate the facility for its approved use throughout its economic life. 5. Sufficient funds are available to complete the project as described, if CDBG funds are approved. 6. I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED). Type Name and Title of Authorized Representative Signature of Authorized Representative Date (0667W)nvt -9- File: Citizen Participation 17th Year COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION CALENDAR 17th PROGRAM YEAR 1991-1992 January 1991 January 1991 February 1991 March 8, 1991 March 11-22,1991 March 25-29, 1991 April 5, 1991 April 9, 1991 April 30, 1991 EDA Development Specialists contact Community liaisons and Cities to plan and organize citizens meetings. EDA Staff hold meetings in unincorporated areas Cities hold citizen participation meetings. Staff will notify all 16th year applicants and County departments of meetings and request they attend to present any plans for 17th year proposals. All applicants and Cities submit activity proposals for 17th year funding. EDA staff review proposals, determine eligibility, qualifying criteria, appropriateness,' cost effectiveness, and conducts field visits to each qualifying site. All applicants notified of status of proposal. EDA Agency staff make written funding recommendations to the EDA Managing Director and each District Supervisor. County Board of Supervisors set May 7th and lath as Public Hearing for Projected Use of oLdunity Development Block Grant (C08G) funds. A Proposed Statement of Community Development Objectives and Projected Use of Funds is published Countywide. File: Citizen Participation 17th Year COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT 8LOCK GRANT CITIZEN PARTICIPATION CALENDAR 17th PROGRAM YEAR 1991-1992 January 1991 $anuary 1991 February 1991 March 8, 1991 March 11-22,1991 March 25-29, 1991 April 5, 1991 April 9, 1991 April 30, 1991 EDA Development Specialists contact Community liaisons and Cities to plan and organize citizens meetings. EDA Staff hold meetings in unincorporated areas Cities hold citizen participation meetings. Staff will notify all 16th year applicants and County departments of meetings and request they attend to present any plans for 17th year proposals. All applicants and Cities submit activity proposals for 17th year funding. EDA staff review proposals, determine eligibility, qualifying criteria, appropriateness,' cost effectiveness, and conducts field visits to each qualifying site. All applicants notified of status of proposal. EDA Agency staff make written funding recommendations to the EDA Managing Director and each District Supervisor. County Board of Supervisors set May 7th and 14th as Public Hearing for Projected Use of ~-~unity Development Block Grant (COBG) funds. A Proposed Statement of Community Development Objectives and Projected Use of Funds is published Countywide. COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION CALENDAR 17th RROGRAN YEAR 1991-1992 Page two May 7th, 1991 May 14th, 1991 May 28, 1991 June 3, 1991 3une 4, 1990 3une 11, 1991 July 1, 1990 Board of Supervisors hold public hearings on Proposed Statement of Community Development Objectives and Projected Use of funds. Board of Supervisors approval of Final Statement of Community Development Objectives and Projected Use of Funds for l?th P~ogram Year (FY 1991-1992). Final Statement published Countywide and copies are made available at city halls. Final Statement submitted to U.S. Oepartment of Housing and Urban Development (HUD). Applicants approved for funding are notified by EDA staff and- requested to complete Environmental Assessments. Applicants not approved for funding are also notified. Hud approval of Final Statement and Release of 17th Year COBG funds.. (O4alS) SMW:njb COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION CALENDAR 17th PROGRAM YEAR 1991-1992 Page two May 7th, 1991 May 14th, 1991 May 28, 1991 June 3, 1991 June 4, 1990 June 11, 1991 July 1, 1990 Board of Supervisors hold public hearings on Proposed Statement of Community Development Objectives and Projected Use of funds. Board of Supervisors approval of Final Statement of Community Development Objectives and Projected Use of Funds for 17th P~ogram Year (FY 1991-1992). Final Statement published Countywide and copies are made available at city halls. Final Statement submitted to U.S. Oepartment of Housing and Urban Development (HUD). Applicants approved for funding are notified by EDA staff and. requested to complete Environmental Assessments. Applicants not approved for funding are also notified. Hud approval of Final Statement and Release of 17th Year COBG funds.. (0441S) S~:njb ^FPENDIX 13 PRELIMINARY ADMINISTRATIVE REVIEN ACTIVITY PROPOSAL PROJECT TITLE: PROJECT SPONSOR: CONTACT: CONTINUATION PROJECT PROJECT LOCATION: REVIENER Name Yes No SERVICE AREA- CENSUS TRACT: Title TELE: If yes. year: DATE: ITEM YES NO COMPLETENESS: Is this application complete as subrot tied? Missing Items: e e Sponsor Nott lied: ELIGIBILITY: Type of Eligible activity category Cite Specific Code Section: 24 CFR 570. BASIC OUALIFYING C~ITERIA: Does the proposed project meet any one of the following qualify- ing criteria as defined in Section 570.208! a) Primary benefit to low-and-moderate income. 1. Area benefit activities 2. Limited clientele activities 3. Housing activities 4. Job creation or retention activities b) Prevent or eliminate slums and blight. 1. Address slum or blight on AREA BASIS 2. Address slum or blight on spot basis 3. Address slum or blight in an Urban. Renewal Area DATE: TYPE OF ACTION REOUIRED DATE VI CITIZEN PARTICIPATION: Every project proposal must contain evidence of citizen participation and support for the proposal. That evtdence~must tn. ctude documentation of at least one community meeting this year at which the specific project was discussed and opportunity give~ for citizen input. Indicate below the methods used to obtain citizen involvement and attach aporopriate documentation. Minutes of Meeting: Press Release: Attendance Reports- Petitions: Advertisement: Flyers' Community Ci ti zen Participation Meeting Endorsement Letters: VII PLANNING: Other: A. Identify the most applicable adopted plans or strategies which the proposed project will help implement: CERTIFICATION The undersigned hereby certifies that: The information contained in the project proposal is complete and accurate. The sponsor shall comply.with all Federal and County policies and requirements affecting the COBG program. e The federal assistance made available through the COBG program funding is not being utilized to substantially reduce the prior levels of local financial support for community development activities. e The sponsor shall maintain and operate the facility for its approved use throughout its economic life. Sufficient funds are available to complete the project as described. if CDBG funds are approved. Type Name and Title of Authorized Representative Signature of Authorized Representative (2729D) njg -8- Date C. If thts project benefits ctttzens of more than one community or local Jurisdictions have requests been made to those other Jurisdictions: .~,~ Yes. No If yes. ldentlfy sources and tndtcate outcome D. Was this project previously funded with CDBG funds? If yes, when. Is this activity a continuation of a previously funded (CDSG) project? (E,plain) V MANAGEMENT INFORMATION' A. Describe the organization responsible for managing- and operating the project. discuss previous similar experienc~ list sources, and commitment of funds for operation and maintenance. If non-profit corporation. please provide a list of your Board of Directors. as well as your Articles of Incorporation and By-Laws. (Provide Management Information as an attachment). By name. identify project manager, or person in charge of the project's day to day operations. B. Timetable for Project Implementation. Indicate primary project milestones: (You may attach on separate sheet) MILESTONE START DATE COMPLETION DATE C. If you have never received CDBG funding from Riverside County, provide evidence of any previous experience with other Federally funded programs. Amount Funds Funds Source Activity Year Received Expended - 7- -1- CITIZEN PARTICIPATION PLAN County of Riverside A. Introduction B. Community Development Block Grant Objectives C. The Citizen Participation Process 1. Community Development Advisory Committees 2. The Community Development Coordinating Committee 3. The Citizen Participation Process 0. Meeting the Needs of Non-English Speakers E. Technical Assistance F. Availability of Grantee Performance Report to Citizens G. Avaiability of Citizen Participation Plan to Citizens H. Complaint Procedures Appendix I Appendix 2 Appendix 3 Appendix 4 Appendix 5 APPENDICES Federal Citizen Participation Regulations for the Community Development Block Grant Program. - Section 104 (a) (3) of the Housing and Community Development Act of 1974, as amended: - 24 CFR Part 570.301 (b) Economic Community Development Policy Manual, Section G-l, "Citizen Participation Policy" Economic Community Development Policy Manual, Section G-2, "Staff Citizen Participation Role" Economic Community Development Citizen Participation Calendar, 15th Program Year Economic Community Development Letter to Cooperating Cities re: 15th Program Year Economic Community Development Memo to Other County Departments re: 15th Program Year (44540) -2- Appendix 6 Appendix 7 Appendix 8 Appendix 9 Appendix 10 Appendix 11 Appendix 12 Appendix 13 Standard Flyer Announcing Citizen Participation Meeting Spanish Version of Standard Flyer Announcing Cities Participation Meeting Standard Letter to Community Residents Announcing Citizen Participation Meeting Spanish Version of Standard Letter to Community Residents Announcing Citizen Participation Meeting Standard Cover Letters to Media Concerning Citizen Participation Meeting Community Needs Assessment Form, in English and Spanish County of Riverside Community Development Block Grant Program Entitlement Funds Project Application Form Preliminary Administrative Review of Activity Proposal Form (4454D) -3- CITIZEN PARTICIPATION PLAN County of Riverside INTRODUCTION The Housing and Community Development Act of 1974 requires the County of Riverside to provide for and encourage citizen participation in the Community Development Block Grant (CDBG) Program, ". with particular emphasis on participation by persons of low and moderate income who are residents of areas in which [CDBG] funds are proposed to be used .... " By requiring that the poor participate in decision making regarding the Community Development Block Grant Program, the Federal government recognized and encouraged the right of citizens to express their needs, preferences and objectives regarding programs designed for them and which were likely to influence the quality of their lives. Citizen participation requirements in the Housing and Community Development Act of 1974 as amended place the burden of achieving adequate citizen participation on the County. Section 104(a) requires the County, as a recipient of funds under the Community Development Block Grant Program to follow a "detailed citizen participation plan" which: a) provides for and encourages citizen participation, especially by persons of low and moderate income who are residents of areas where funds are proposed to be used and/or beneficiaries of proposed uses of funds; b) provides citizens with reasonable and timely access to local meetings, information, and records relating to the proposed use of funds: c) provides for technical assistance to persons of low and moderate income in developing proposals; d) provides for public hearings at all stages of the development of programs: e) provides for a timely written answer to written complaints: and f) identifies how the needs of non-English speaking residents will be met where a significant number of them can be expected to participate in public hearings. (4454D) -4- COMMUNITY DEVELOPMENT BLOCK GRANT OBJECTIVES The primary objective of the Community Development Block Grant Program is the development of viable urban communities by providing decent, safe and sanitary housing; a suitable living environment; and expanding economic opportunities, principally for persons of low- and moderate-income. Other objectives include the prevention or elimination of slums and blight and meeting other community development needs of particular urgency. These aims are achieved by providing Block Grant funds to cities and urban counties who distribute them to local governments and non-profit organizations for projects which construct public facilities, preserve and expand housing stock for lower-income persons, stimulate the local economy and improve public social services. Projects funded in the Urban County of Riverside are selected on the basis of eligibility, consistency of needs in the plan with generally available data, appropriateness of proposed plans and programs to meeting the Reeds and objectives, coordination of mutually supportive housing assistance and community development activities, and compliance with applicable laws. Basic program objectives include: a) elimination of slums and blight; b) elimination of conditions harmful to health, safety and public welfare; c) conservation and. expansion of housing for all, but principally for low- and moderate-income persons; d) improving the quantity and quality of community services, primarily for low- and moderate-income persons; e) promoting the better use of land and other natural resources; f) reducing the isolation of income groups within communities; and g) restoring and preserving properties of special historical value. THE CITIZEN PARTICIPATION PROCESS The principal actors in the Citizen Participation process, which is detailed in the following flow chart, are: l) the citizens; 2) Community Development Advisory Committees (CDAC's), which serve as the primary vehicles for communication between the County and the citizens; 3) the Community Development Coordinating Committee (CDCC), which makes policy recommendations concerning the Community Development Block Grant Program to the Board of Supervisors; 4) the County Board of Supervisors, who must approve the Federal Grant application and all reprogramming decisions; 5) Economic and Community Development staff; and 6) activity sponsors. (4454D) THE CITIZEN PARTICIPATION PROCESS BOARD OF SUPERVISORS ICITIZENS ! COMMUNITY DEVELOPMENT COORDINATING COMMI'I-i'EE COMMUNITY DEVELOPMENT SPONSORS COMMUNITY DEVELOPMENT LIASONS -6- Community Development Advisory Committees (£DAC's) For purposes of the administration of the Community Development Block Grant Program, each of the five Supervisorial Districts of the County of Riverside is the responsibility of one or more members of the staff of the Department of Economic and Community Development. These "Area Representatives" are the principal liaisons for all Departmental programs in the communities they represent, but the role they play in administering the Community Development Block Grant Program in their communities is particularly important. Each Area Representative is responsible for ensuring that each unincorporated community for which he or she is responsible is represented on a Community Development Advisory Committee (CDAC). Although any resident of an unincorporated community may be a member of that community's CDAC, ideally, each member is, in turn, a nucleus of a larger group of residents of the unincorporated community. This position of leadership may be formal, as in the case of an official of a'commun~ty-based social service organization, or informal, as in the case of an acknowledged leader of the business community of the area in question. In constituting these CDAC's, a special effort is made to ensure that residents of the community who are themselves persons of low- and moderate-income are heavily represented. Anyone may become a member of his/her community's CDAC by making a request of the appropriate area representative. County supervisors also appoint members. The Area Representative is responsible for updating the membership of all CDAC's for which he/she is responsible at least once a year before the initiation of the Community Development Block Grant funding cycle. The CDAC is the Department's primary instrument for reaching the community directly with news of housing and community development programs and funding opportunities. Its most important function is to inform the community of upcoming Community Participation meetings and to encourage a large turnout at those meetings. The Community Development Coordinating Committee (CDCC) The Community Development Coordinating Committee was created in October 1977 as an outgrowth of a similarly named committee which originated in December 1974. The CDCC was established by the Board of Supervisors at the recommendation of the City Managers Coordinating Committee and the County of Riverside Chief Administrative Officer. The purpose of the Committee is to recommend policy to the Board of Supervisors regarding the Community Development Block Grant (CDBG) program. It reviews funding allocations, activity selection criteria, activity rankings, project delinquency reports, reprogramming and other similar administrative and policy matters. The Committee is comprised of one voting representative from each of the following entities: (4454D) -7- - A cooperating City from the western County - A cooperating City from the eastern County - A cooperating City from the central County - A former HUD CDBG hold harmless City (i.e., the Cities of Corona - and Indio) - A western County independent special district - An eastern County independent special district - County Housing Authority - County Administrative Office - County Economic and Community Development Department The Committee has a chairman who presides over meetings and a vice-chairman. Each Committee member has a designated alternate. Committee meetings are regularly scheduled for the second Monday of each month, are open to the public, and public comment is solicited as a formal agenda item. The Director of Economic and Community Development serves as staff to the Committee. The Citizen Participation Process The citizen participation process begins in late Autumn, when the Department of Economic and Community Development (ECD) alerts cooperating Cities and other County departments to the beginning of the funding cycle. Cities are reminded that Federal CDBG regulations require each City to provide for and encourage citizen participation, with particular emphasis on participation by residents of low and moderate income neighborhoods. (See Appendix 4.) Other County departments are reminded that potential sponsors of projects under the Program must present their proposals for community review and comment at the upcoming Citizens Participation meetings. (See Appendix 5.) ECD Area Representatives schedule Citizens Participation meetings in unincorporated areas in coordination with the County supervisors for each district. WorKing with members of the respective CDAC's, the Area Representatives ensure that all segments of the community, including potential project sponsors, are advised of the purpose, date, time and location of each meeting. Announcements of these citizen participation meetings are distributed as widely as possible, e.g., through newspapers, radio and television; and via flyers distributed at local libraries, other public facilities, and through schools and community organizations. Where a significant number of low-and moderate-income residents of a community speak or read a language other than English, announcements and flyers are bilingual. County supervisors and other local government officials are given the opportunity to participate in the meetings. (See Appendices 6,7,8,9 and 10.) (0197S) Rev: 9/26/89 --0-- The Area Representatives assist Cities as necessary in implementing their Citizen participation programs. Cities are required to hold at least one public meeting to discuss proposed uses of Community Development Block Grant funds, and they are encouraged to use a variety of methods to gather input from their citizens regarding potential activities. Cities and other entities holding public meetings on Community Development Block Grant programs are required to submit copies of public notices of such meetings to ECD as part of the application process. Area Representatives conduct Citizen Participation meetings in January and February. They discuss the following topics: l) The three broad national objectives of the CDBG program: 2) eligible activities and qualifying criteria with reference to each community; 3) eligible sponsors; 4) types and sponsors of programs funded in the past in each community; 5) the allocation process; 6) how to complete an application; and 7) the availability of technical assistance through ECD. The Area Representative encourages participants to engage in a public discussion of their concerns and desires for their community, and gives potential pro~ect sponsors the opportunity to describe their proposals to the group and seek support or comments from the group. The Area Representative conducts a formal needs assessment as part of each Citizens Participation meeting. Each participant is given a needs survey form listing activities eligible for Community Development Block Grant funding, and is asked to complete it in private during the course of the meeting, giving his/her feelings on community needs in order of priority. (See Appendix ll.) After the meeting, the Area Representative analyses the results of the Needs Survey, and presents the results of the analysis in written form to the appropriate County Supervisor. The report of the results of the Needs Survey is also available on request to community organizations, other local government agencies, and citizens. On receipt of the project applications, each Area Representative reviews them for conformity to program requirements, including those for citizen participation. Item VI of ECD's Entitlement Funds Pro~ect Proposal form requires each applicant for funding under the program to indicate citizen involvement in and support for the pro~ect proposal (See Appendix 12); and item 6 of ECD's Preliminary Administrative Review of Activity Proposal form reminds the Area Representative to check each proposal for evidence of citizen participation. (See Appendix 13.) (0197S) Rev: 9/26/89 -9- In mid-April, a Proposed Statement of Community Development Objectives and Projected Use of Funds is published Countywide, and in May, the Community Development Coordinating Committee acts on the Proposed Statement in a public meeting. Also in May, the Riverside County Board of Supervisors conducts two formal public hearings on the Proposed Statement. ECD notifies all applicants and £DAC members of these public hearings before the Board of Supervisors, and they are also formally advertised in both general circulation and minority newspapers. After the Board of Supervisors has approved the Final Statement of Community Development Objectives and Projected Use of Funds, it is published Countywide, and copies are made available to the public at County libraries and city halls of cooperating Cities. When the Final Statement is submitted to the Los Angeles office of the Department of Housing and Urban Development, ECD places notices in general circulation newpapers advising citizens that the application has been submitted to HUD, and that comments on it may be forwarded to HUD's area office. The Citizen Participation Calendar, which is issued by ECD each year prior to the' commencement of the funding cycle, details the steps involve~ in the citizen participation process. (See Appendix 3 for the 15th Program Year edition of the Citizen Participation Calendar.) MEETING THE NEEDS OF NON-ENGLISH SPEAKERS Large numbers of the residents of many low- and moderate-income areas of Riverside County are monolingual speakers of Spanish. The Area Representatives who are responsible for those communities are bilingual in Spanish and English, and conduct Citizen Participation meetings in both languages. The Needs Assessment forms (see Appendix ll) and flyers announcing Citizen Participation Meetings (Appendix 7) are bilingual, as are other written materials explaining the program as required. ~(See Appendix 9 for a sample letter of invitation to a Citizen Participation meeting scheduled in a majority Spanish-speaKing unincorporated community.) TECHNICAL ASSISTANCE To be meaningful, the "partnership" concept of community development, involving all segments of the population, requires informed participation. Informed participation, in turn, can only be achieved if technical assistance is made available as necessary to the ordinary citizen as well as to public and private bodies involved in the planning, implementation or assessment of community development activities. (4454D) -lO- ~he Riverside County Community Development Block Grant Program makes assistance available to current and potential activity sponsors as required primarily through the Area Representatives who are the main source of information on CDBG programs and the application process. Area Representatives provide assistance at community meetings and in proposal preparation as necessary. Although Area Representatives are the primary direct contact points to the community, the services of all Economic and Community Development personnel are available as well through he Department of Economic and Community Development. The Department also maintains contact with the general public through regular news releases to the media on Departmental matters of general concern. In addition, early in the program year, project sponsors are required to attend a training orientation seminar. AVAILABILITY OF THE GRANTEE PERFORMANCE REPORT TO CITIZENS The Urban County of Riverside is required to report annually on its performance with CDBG funds, and to make that Grantee Performance Report (GPR) available to all citizens. The purpose of the Grantee Performance Report is to advise citizens of the status of projects funded under the CDBG program. To this end, the report includes a description of all projects, their costs, the census tracts they serve, the population they affect, any problems in their implementation, and citizens' comments received, if any. The GPR is available for public review at the Department of Economic and Community Development, at all County libraries, and at the city halls of Cooperating Cities. Public notice of its availability is made at the time of its submittal to HUD. AVAILABILITY OF THE CITIZEN PARTICIPATION PLAN TO CITIZENS Copies of the Citizen Participation Plan are also available for public review at the Department of Economic and Community Development, 3499 Tenth Street, Riverside, California 92501. COMPLAINT PROCEDURES Citizen complaints may be made either to the Director of Economic and Community Development, or to Area Representatives. Complaints may be made by telephone by calling (714) 788-9770 or in writing to the Department of Economic and Community Development, 3499 Tenth Street, Riverside, California 92501. The complaining party should state the nature of the complaint, what prior efforts have been made to resolve the problem and any other pertinent information which would help staff determine a solution. A response to all complaints will be provided within lO working days. (0197S) Rev: 10/2/89 APPENDIX 1 SECTION 508. CITIZEN PARTICIPATION PLAN Section 104(a) of the Housing and Community Development Act of 1974 is amended by adding at the end thereof the following: "(3) A grant under section 106 may be made only if the grantee certifies that it is following a detailed citizen participation plan which- "(A) provides for and encourages citizen participation, with particular emphasis on participation by persons .of low and moderate income who are residents of slum and blight areas and of areas in which section 106 funds are proposed to be used, and in the case of a grantee described in section 106(a), provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; "(B) provides citizens with reasonable and timely acces~ to local meetings, information, and records relating to the grantee's proposed use of funds, as required by regulations of the Secretary, and relating to the actual use of funds under this title; "(C) provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; "(D) provides ~for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including' at least the development of needs, the review of proposed activities and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual benficiaries, and with accommodation for the handicapped; "(El provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and "(F) identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. This paragraph may not be construed to restrict the responsibility or authority of the grantee for the development and execution of its community development program." (4454D) APPENDIX 2 Community Dvlpmt Block Grant Policy Manual I.D. # G-1 TOPIC: Citizen Participation Policy DATE: September 21, 1987 NEN X SUPERCEDES 1. Federal regulations require that citizens be furnished information about CDBG funding levels and eligible activities. To comply with these regulations, and with countywide activity selection criteria, the following standards apply to all sponsor agencies. 2. Direct involvement by affected lower-income residents is the key to CDBG citizen participation. Sponsors may wish to organize local committees, or to utilize existing organizations to focus outreach into lower-income neighborhoods. Neighborhood meetings, surveys, petitions and letters signed by lower-income neighborhood residents identifying overall priorities and specific projects are preferred methods to demonstrate citizen involvement and support. Each community and neighborhood is different, and sponsors should tailor their outreach to suit the affected residents. If the specific community or neighborhood is sufficiently populated by non-English speaking low income residents, sponsors are required to conduct outreach efforts and provide information in the primary language of the affected population. Economic Development Agency staff are available to assist with this effort. Documentation of outreach, such as minutes, letters, advertisements, news stories, must accompany each activity proposal. The measure of successful citizen participation is evidence of substantial activity support and involvement by affected lower-income residents. 4. Prior to submitting an activity proposal, a sponsoring agency's governing board must consider the proposal in a public meeting. Funding levels, the range of eligible activities, and housing and community development needs must be discussed at the meeting. Citizens must be provided an opportunity to comment on needs and appropriate activities. Minutes of the meeting, and documentation of any outreach efforts, must accompany the activity proposal. 5. The governing board's public meeting generally will not satisfy the standard for lower-income resident involvement. Sponsors should notify Economic and Community Development in advance of neighborhood and governing board meetings, and other outreach efforts. Economic Development Agency staff is available to conduct meetings, discuss funding levels and eligible activities, and otherwise assist with citizen participation. 7. Economic Development Agency regularly organizes citizen participation in unincorporated communities. Sponsors in unincorporated communities must contact Economic Development Agency to be part of ongoing citizen participation. Rev: 1/17/91 Communi ty Dvlpmt Block Grant Pol icy Manual I.D. #G-2 (pg 1 of 2) TOPIC: Staff Citizen Participation Role DATE: September 21, 1987 NEN X SUPERCEDES Economic Development Agency Area Representatives will organize Community Development Advisory Committees in lower-income unincorporated communities. The CDAC structure is informal and fluid, encouraging participation by a broad base of residents. The CDAC is an advisory, facilitating group which assists in arranging, publicizing and conducting meetings and other outreach. CDAC liasions serve as Economic Development Agency "eyes and ears" by providing feedback and comments about projects. All Key community groups should be represented, including local businesses. 2. Community meetings will be held at convenient times and places, as suggested by local CDAC members. Meeting space should be rented only as a last resort. Avoid being locked into a community struggle between groups by using neutral sites (especially public buildings, including schools, libraries, fire stations). Invite local sponsors. 3. Meetings should begin promptly as advertised. In those communities or neighborhoods where there is a sufficient number of non-English speaking residents, bilingual presentations are required. Briefly introduce yourself, the program, the Supervisor, CDAC members and their role. Announce the purpose of the meeting. Update local CDBG activities' progress. If it is a special meeting to discuss existing activities, direct the discussion to the issue at hand. The annual meeting is the time for identifying new activities. The annual meeting must cover program funding and discuss the range of eligible activities. Focus discussion on specific activities and projects in the community, drawing out citizen-generated suggestions. Allow time for sponsor presentations, including housing presentations coordinated by the Riverside County Housing Authority. Conduct a standard needs assessment. 4. The affected County Supervisor must be notified in writing two weeks in advance of all community meetings. Exceptions to this advance notice time may only be made by the Director. However, the Supervisor must be notified in writing, regardless of lead time. 5. Cities and other sponsors must carry out their own citizen participation efforts, including community meetings and governing board hearings. Area Representatives must closely monitor these efforts by attending meetings, reviewing program information distributions, collecting meeting records and analyzing project proposals. Sponsors must provide citizens with accurate information about program funding and eligible activities. Area Representatives must be available to conduct presentations when requested by sponsors. Sponsors with projects in unincorporated communities should be invited to appear at Economic Development Agency coordinated community meetings. Rev: 1/17/91 Community Dvlpmt Block Grant Policy Manual I.D # G-2 (pg 2 of 2) TOPIC: Staff Citizen Participation Role (continued) DATE: September 21, 1987 6. Economic Development Agency Staff will prepare and distribute necessary program information and meeting materials. Information about program funding levels, the range of eligible activities, housing and economic development initiatives, Neighborhood Strategy Areas, and the needs assessment process will be standardized for Area Representatives use and distribution. 7. Economic Development Agency Staff will also assure compliance with CDBG regulatory requirements. A public hearing on needs must be set on the Board agenda, publicized and noticed, and conducted to afford citizens the opportunity to comment on housing and community development needs. A proposed statement of objectives and projected use of funds must be published for public review in newspapers of general circulation. Comments must be received and considered for inclusion in the final statement, which must be available to the public. 8. The County of Riverside has established that change to an activity initiated under the County's CDBG program shall be considered substantial if l) over 50 percent of the original locations or beneficiaries are impacted by the change; or if 2) the description of the activity is modified to the extent that, in the ~udgement of the Director of the Department of Economic Development Agency or his designee, the general public would consider it to be a new activity. Rev: 1/17/91 APPENDIX 3 COUNTY OF RIVERSIDE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZEN PARTICIPATION CALENDAR 15TH PROGRAM YEAR (FY 1989-1990) January 1989 Economic and Community Development (ECD) Area Representatives contact Community Development Advisory Committees (CDAC) and Cities to plan and organize citizens meetings. 3anuary 1989 - February 1989 Area Representatives hold meetings in unincorporated areas (meetings coordinated with County Supervisors for each District). Cities hold citizen participation meetings (Area Representatives may assist in planning and attendance). Area Representatives will notify all 14th year applicants and County agencies of meetings and request they attend to present any plans for 15th year proposals. March lO, 1989 All applicants .and Cities submit activity proposals for 15th year funding. March 13, 1989 - March 30, 1989 (1) ECD staff review proposals, determine eligibility, qualifying criteria, appropriateness, cost effectiveness, and conduct field visits to each qualifying site. (2) All applicants notified of status of proposal. April 3-7, 1989 Area Representatives make written recommendations to the ECD Director. funding April 11, 1989 County Board of Supervisors set May 2nd as Public Hearing for Projected Use of Community Development Block Grant (CDBG) funds. ECD notifies all applicants and CDAC members of hearing. April 18, 1989 A Proposed Statement of Community Development Objectives and Projected Use of Funds is published Countywide. April 7, 1989 - May l, 1989 ECD Director presents written recommendations to each County Supervisor. Page 2 Citizen Participation Calendar December, 1988 May 2 and 9, 1989 May 8, 1989 May 23, 1989 May 24, 1989 - June 14, 1989 May 26, 1989 June l, 1989 July 1, 1989 Board of Supervisors holds public hearings on the Proposed Statement of Community Development Objectives and Projected Use of funds. ECD Director presents written recommendations to the Community Coordinating Committee (CDCC). funding Development Board of Supervisors approves Final Statement of Community Development Objectives and Projected Use of Funds for 15th Program Year (FY 1989-1990). Applicants approved for funding are notified by ECD staff and requested to complete Initial Environmental Study (IES) forms. Applicants not approved for funding are also notified. Final Statement published Countywide and copies are made available at County libraries and all city halls. Final Statement submitted to U.S. Department of Housing and Urban Development (HUD). HUD approval of Final Statement and Release of 15th Year CDBG funds. JBG:njb (4454D) 12/88 APPENDIX 4 coum'¥ oF ~[i _.s,oE ECONOMIC / COMMUNITY DEVELOPMENT November 8. 1988 File: COBG 15th Year Dear : SUBJECT: 15TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM As we look forward to the 15th Program Year (1989-90)- of the Community Development Block Grant (CDBG) Program, now is the time to begin the identification of activities that will benefit your City. Activities funded in the past through the CDBG Program include parks, roads, water and sewer lines, flood control facilities, fire equipment and public services. To be eligible for CDBG funding, a project must meet one of the following three primary objectives: 1. Activities primarily benefiting low and moderate income persons. e Activities which aid in the prevention or elimination of slums or blight. o Activities designed to meet community development needs having a particular urgency. Maps of your City are available which identify those areas which qualify under primary benefit to the low and moderate income persons category. To qualify under the prevention or elimination of slums or blight category, the activity must meet the State of California definition of slums or blight, or the activity must be located in a City-designated redevelopment area. For the 15th Program Year, we estimate that an amount in excess of $5,000,000 will be made available to Riverside County and its participating cities. The exact amount to be made available should be confirmed by the U.S. Department of Housing and Urban Development.some time in early 1989. Federal CDBG regulations require the City to provide for and encourage citizen participation, with particular emphasis on participation by persons of low and 3499 TENTH STREET o P.O. BOX 1180 · RIVERSIDE, CA 92502 · (714) ~88-9770 · 15th COSG Program Y~ar Page 2 moderate income neighborhoods. It is imperative. therefore. that public hearings be provided to obtain citizen views and to respond to proposals and questions at all stages of your community development program. including at least the development of needs. the review of proposed activities and review of program performance. CDBG Program Entitlement Fund Project Application forms will be made available to project sponsors by December 1, 1988. All application forms must be submitted by March lO. 1989. Should you have any questions or require additional information, please contact your Area Representative at (714) 788-9770. Very truly yours, ANDRES L. SOTO Development Manager ALS:~':sr: (35148) Enclosure COUNTY OF ~IVERSIDE ECONOMIC ! COMMUNITY DEVELOPMENT 3499 TENTH STREET · P.O. BOX 1180 . RIVERSIDE, CA 92502 · (714) 788-9770 APPENDIX 5 INTER-rlEPARTMENTAL L ETT E I-~ COUNTY OF RIVERS'fOE File: 15th Year FROM: DATE: SUBOECT: October 25, 1988 15TH PROGRAM YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM As we look forward to the 15th Program Year (1989-90) of the Community Development Block Grant (CDBG) Program, now is the time to begin the identification of activities that will benefit various communities within the County. Activities funded in the past through the CDBG Program include parks, roads, water and sewer lines, flood control facilities, fire equipment and public services. To be eligible for CDBG funding, a project must meet one of the following three primary objectives: Activities primarily benefiting. low and moderate income persons. Activities which aid in the prevention or elimination of slums or blight. Activities designed to meet community development needs having a particular urgency. Enclosed you will find a listing of low and moderate communities in Riverside County which qualify under primary benefit to the low and moderate income persons category. To qualify under the prevention or elimination of slums or blight category, the activity must meet the State of California definition of slums or blight, or the community must be located in a County-designated redevelopment area. For the 15th Program Year, we estimate that an amount in excess of $5,000,000 will be made available to Riverside County and its participating cities. The exact amount to be made available should be confirmed by the U.S. Department of Housing and Urban Development some time in early 1989. The Department of Economic and Community Development will sponsor a number of community meetings during the months of January and February to discuss the CDSG Program and solicit comments and activities that would benefit the community. Potential sponsors of projects must be prepared to present their projects for community review and comment at these meetings. CDBG Program 15th Program Year Page 2 CDBG Program Entitlement Fund Project Application forms will be made available to project sponsors by December 1, 1988... All application Forms must be submitted by March 10, 1989. Should you have any questions or require additional information, please contact me at (714) 788-9770. ALS:4DO~:sr:njg (351 Enclosure LOI4 AND MODERA[E INCOME COMMUNITIES IN RIVERS ~£ COUNTY FIRST SUPERVISORIAL DISTRICT Home Gardens Lakeland Village Wildomar-Sedco Murrieta Temecula Murrieta Hot Springs SECOND SUPERVISORIAL DISTRICT Rubidoux Belltown Mira Loma Glen Avon THIRD DISTRICT Cabazon North Palm Springs' West Garnet Valle Vista Homeland-Green Acres Aguanga-Sage Portion of Anza FOURTH SUPERVISORIAL DISTRICT Mecca Thermal Oasis Thousand Palms Ripley East Blythe FIFTH SUPERVISORIAL DISTRICT Mead Valley Romoland Goodhope Quail Valley Goodmeadow APPENDIX 6 COMMUNITY MEETING FOR CITIZENS OF TO: - OBTAIN CITIZEN INPUT ON COMMUNITY NEEDS REPORT ON PAST AND CURRENT COMMUNITY DEVELOPMENT ACTIVITIES FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM - PROVIDE INFORMATION ON OTHER PUBLIC SERVICES AVAILABLE THROUGH THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT - PRESENT PROJECTS DESIGNED TO MEET THE NEEDS OF YOUR COMMUNITY FOR REVIE~ AND COMMENT THIS IS YOUR CHANCE TO PARTICIPATE IN PLANNING FEDERALLY-FUNDED COMMUNITY DEVELOPMENT ACTIVITIES IN YOUR COMMUNITY! DATE: TIME: LOCATION: PLEASE ATTEND AND INVITE A NEIGHBOR!! FOR FURTHER INFORMATION, CONTACT: Development Specialist Department of Economic and Community Development 3499 Tenth Street Riverside, California 92§01 (714) 788-9770 APPENDIX 7 JUNTA COMUNITARIA * * , Y SESION DE MAYOR IMPORTANCIA RESPECTO AL DESARROLLO VECINDARIO PARA LOS RESIDENTES DE LAS COMMUNIDADES DE ALAS DE LA TARDE EN LA SE LES INVITA A LOS RESIDENTES DE ESTAS COMUNIDADES ASSISTIR A LA JUNTA PARA QUE SE PONGAN AL CORRIENTE DE LOS PROGRAMS DE LA DONACIONES CONJUNTAS DE DESARROLLO VECINDARIO. SE EXAMINARAN ACTIVIDADES, PROYECTOS ESPECIFICOS (COMO LAS OBRAS PUBLICAS, CENTROS SOCIALES Y RECREATIVOS) QUE PUEDEN RECIBIR AYUDA FINANCIERA POR PARTE DE ESTOS PROGRAMS, ESPECIALMENTE PARA EL BENEFICIO DE LA GENTE DE BA2OS INGRESOS. PARA MAS INFORMACION: DEVELOPMENT SPECIALIST RIVERSIDE COUNTY DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT 3499 - lOTH STREET RIVERSIDE, CA 92501 (714) 788-9770 APPENDIX 8 COUNTY OF RIVERSIDE ECONOMIC/COMMUNITY DEVELOPMENT FILE NO. Dear Resident: RE: CITIZEN PARTICIPATION MEETING IN ' The Riverside County Department of Economic and Community. Development is planning the Community Development BLOCK Grant (CDBG) Program for the coming fiscal year (1989-90) and is seeking citizen input to assist in this effort. You are invited to attend the Citizen Participation meeting scheduled for the community to discuss your community's needs and present projects designed to meet those needs. The meeting is scheduled for: DATE: TIME: LOCATION: He ask all the potential project sponsors in community to attend this meeting. We would also appreciate it if you would assist us in notifying citizens of your community about the meeting by distributing the enclosed flyers. If you have any questions about the meeting or about possible CDBG projects in your area. please contact me at (714) 788-9770. Very truly yours, enclosure Development Specialist 3499 TENTH STREET · RO. BOX 1180 · RIVERSIDE. CA 92502 o (714) 788-9770 · FAX (714) 7gN-1415 APPENDIX 9 COUNTY OF RIVERSIDE ECONOMIC/COMMUNITY DEVELOPMENT 12 de Enero 1989 No. de Arch~vo' 4.001 (CP) Estimado Residente' RE: Junta Comunitaria para las Comunidades de Mecca. North Shore y Oasis E1 Departamento de Oesarrollo Economtco y Comunitario del Condado de Riverside est~ planeando el "Community Development Block Grant Program" (Programa de Desarrollo Comunitario por Medto de Donaciones Conjuntas) para el a~o presupuestario pr6ximo (198g-go), y, a ~ste fin, busca informaci6n de los ciudadanos afectados. Se le invita a asistir a una junta comunitaria prevista para las comunidades de Mecca, North Shore y Oasis donde se discutir~ las necesidades de la cumunidad y se hablar~ de proyectos aptos a responder a dichas necesidades. La junta se llevarl a cabo: FECHA: HORA: LUGAR: Martes, 24 de enero de 1989 alas 6:00 de la tarde E1Auditorio de la Escuela de Mecca 65-250 Coahuilla Street. Mecca Suplicamos a todos los postbles,patrocinadores de proyectos ubicados en l a comunidad de asistir a esta reunion. St tiene preguntas favor de 11amarme al numero siguiente: Espero poder contar con su presencia en la reunion. (714) 788-9770. PMC:njb (41370) Atentamente, Patricia M. Conolly Especialista en Oesarrollo Econ6mico y ¢omunitario 3499 TENTH STREET · RO. BOX II,~I) - RIVERSIDE CA925(12 - (714) 788-9770 · FAX (714) 788-1415 APPENDIX 10 COUNTY OF RIVERSIDE ECONOMIC/COMMUNITY DEVELOPMENT FILE NO. The Press-Enterprise P. O. Box 792 Riverside, CA 92502 Gentlemen: RE: NEHS RELEASE Attached is a News Release regarding a Citizen Participation meeting to be held in the area. He would appreciate it if the Release was published in the Edition of the Press-Enterprise during the week of Thank you for your cooperation. If you have any questions or need additional information, please contact , Development Specialist, at (?14) ?88-9??0. Very truly yours, JOH: : attachment Joe O. Hernandez Assistant Director 3499 TENTH STREET o P.O. BOX 1180 ,, RIVERSIDF CA 92502 · (714) 788-9770 · FAX (714) 788-1415 COUNTY OF Ri¥£RSlDE !~CONOMIC/COMMUNITY DEVELOPMENT FILE NO: Gentlemen: SUBJECT: NEWS RELEASE Attached is a News Release regarding Citizen Participation meetings to be held in the area. We would appreciate it if the article was published in your paper during the week of Thank you for your cooperation. If you.have any questions or need additional information, please contact , Development Specialist, at (714) 788-9770. Very truly yours, JOH: : attachment Joe O. Hernandez Assistant Director 3499 TENTH STREET · P.O. BOX 1180 · RIVERSIDE. CA 92502 · (714) 788-9770 - FAX (714) 788-1415 COUNTY OF RIVERSIDE ECONOMIC/COMMUNITY DEVELOPMENT Gent1 emen: RE: NEHS RELEASE Attached is a News Release regarding a Citizen Participation meeting to be held in the area. We would appreciate it if the article was broadcast over your local programming channel during the week of Should you have contact at (714) 788-9770. any questions, please · Development Specialist, ... Very truly yours, JOH: : attachment Joe O. Hernandez Assistant Director 3499 TENTH STREET · RO. BOX 1180 - RIVERSIDE. CA 92502 · (714) 788-9770 · FAX (714) 788-1415 APPENDIX 11 COUNTY OF RIVERSIDE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMUNITY NEEDS ASSESSMENT FOR From the following list, please select the five activities or services which you consider most needed in your community; then rank those five from 1 to 5, based upon what you feel are the greatest needs in your community. I = Greatest Need ELIGIBLE RANK ACTIVITIES OR SERVICES COMMENTS Parks Roads Hater Lines Sewer Lines' Flood Control Fire Protection Community Center Senior Center New Housing Repair Housing Public Service Program Business Develooment Handicapped Facilities Child Care Facilities Street Lights Sidewalks. Curbs & Gutters Additional Comments or Suggestions: 5 : Little Need PMC:glj (4452D) APPENDIX 12 COUNTY OF RIVERSIDE Community Development Block Grant Program Entitlement Funds Project Application Form The attached form must be completed by all agencies or entities applying for Entitlement Funds, and is to be used only for Entitlement projects. ALL QUESTIONS MUST BE ANSWERED, AND REQUIRED DOCUMENTATION ATTACHED. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED FOR REVIEW. If additional space is required to complete the response, continue the answer on additional attached sheets, in sequence, and numbering the response. Funds will be available after July l, 1989. Should you require any assistance in completing the application, contact the appropriate Area Representative at (714) 788-9770. You are encouraged to submit your application well before the deadline to allow ample time for review, completeness, and accuracy. AREA REPRESENTATIVE SUPERVISORIAL DISTRICT Jim Tebbetts 1 John Viafora 2 Margarita H. de Escontrias Jim Tebbetts Aurelio Aguirre Patricia Conol ly 4 Jose Amador 5 The signed original with attachments and one (1) complete copy of the project application must be submitted to this office by 5:00 p.m. March lO. 1989. Department of Economic & Community Development 3499 Tenth Street P.O. Box l180 Riverside, CA 92502 PMC:slw (4454D) PROPOSAL NUMBER Date Recetved 1989 - lg90 ENTITLEMENT FUNDS PROJECT PROPOSAL COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) I GENERAL INFORMATION: Name or Primary Activity Sponsor: Address: Telephone Number: ( ) Zip Code: Contact Person: Title: Address (If different from above): II PROJECT DESCRIPTION: (check applicable category) Real Property Acquisition ~Public Service Capital Equipment Planning/Studies Other: explain A. Name of Project: Location of Project: Housing Rehabilitation/Preservation (please provide picture of structure) Public Facilities Improvements (construction) Provide a detailed description of the proposed project by describing precisely what is to be accomplished with the requested funds. 1. Provide a detailed description in quanttfiable terms: (attach additional sheets if necessary) -2- 2. Explatn how the project appropriately addresses the Identified needs of the area to be served. Identtfy the needs;. and explain ho~ these needs were identified --- -study. survey, etc.)(attach additional sheets tf necessary) 3. Identify the census tracts served by the proposed project. (If countywide benefit, so Indicate) (Attach additional sheets tf necessary) -3- 4. Zf this is a public service activity: (A) Zs this a new service provided by your agency? Yes_ No (B) If service is not new. viii the proposed ·acttvtty substantially increase -~he .existing level*~'*of service? Explain how the service wtll be substantially increased. (attach additional sheets if necessary) 5. Discuss the pro~ect"s effect on lov and m)derate income residents. identifiable groups and neighborhoods. highlighting the expected benefits to the residents: (attach additional sheets if necessary) -4- III 6. Attach maps of proposed pro~ect's location and service area. PRO~ECT BENEFIT: 'To be eligible for CDBG funding. a project-must qualify within one of the three following categories. Indicate how the activity meets the following categories of benefits. Indicate the source of the information provided. CATEGORY 1. PRIMARY BENEFIT TO LOW AND MODERATE INCOME PERSONS. Number of all persons to be served by this project Number and percent of low and moderate income households to be served by this project ............... # ~ (Low and moderate income households less than $14.550 annual income). Source Median Household Income of area to be served: ...... Number and percentage of elderly (60 yrs. +) to be served by this project: .................................... # Source Number and percentage of minorities to be served by this pro~ect: .................................. . ....... # Source CATEGORY 2. PREVENTION OF ELIMINATION OF SLUMS AND BLIGHT: Provide Documentation: Is the project located in a Redevelopment Area: Source: CATEGORY 3. DOCUMENTED HEALTH OR SAFETY CONDITION OF PARTICULAR URGENCY: Provide Documentation: Source: -5- IV FINANCIAL INFORMATION: A. Complete the following annual budget to being on July 1, ,lgSg. If multi-year funding is requested, attach a bud~t for each additional year. If these 11ne items are not applicable to. your activity, please attach an appropriate budget. BUDGET (FY 89-90) CDBG FUNDS *OTHER FUNDS TOTAL Planning/Studies $ $ $ Architectural Engineering Design $ $ $ Real Property Acquisition $ $ $ Construction/Rehabilitation $ $ $ Capital Equipment $ $ $ Ad~fnistration Identify: (Salaries, Fringes, (Operating Expense, $ $ $ Contingency $ $ $ Other $ $ $ Specify: Total Costs $ $ $ TOTAL CDBG FUNDS REQUESTED $ *B. Identify other funding sources; identify commitments or applications for funds from other sources to implement this activity. Attach evidence of commitment. Type of Fundtnq Source Amount of Funds Available Date Available Commitment -6- ITEM NO. 14 APPROVAL CITY ATTORNEY FINANCE OFFICER ~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon, City Manager February 12, 1991 City Council/City Manager Strategic Planning Workshop RECOMMENDATION: It is recommended that the City Council approve the expenditure of funds necessary to conduct a strategic planning workshop and authorize the City Manager to arrange for accommodations and other necessary facilities. STAFF REPORT: Pursuant to the Team Building Workshop sponsored by the League of California Cities and the favorable response and experience that was apparent. from our involvement, I asked David Jones, President of Sentient Systems, to present to us an outline of a workshop. The objectives of the workshop will be: Establish norms that provide for the highest possible effectiveness as a decision making and policy setting team. B. Increase openness and communication between all the participants. C. Deepen the trust level between all participants. D. Develop a long range consensus vision for the City; year 2010. E. Create short-term priorities for the City, 1990-92. Gain more awareness of their own and others' decision-making styles and needs. G. Resolve specific issues raised by individual participants. The procedures that we will follow are as follows: A. Step One: Preparation/Interviews (approximately two weeks prior to workshop) A group meeting with all workshop participants to explain the process and answer any questions; and one-hour individual interviews with each participant to identify any specific issues or areas of concern· The information gathered will be collated, analyzed and used to design the workshop. Any part of the interview will remain confidential at the participant's request. B. Step Two: Designing the Workshop The actual design will be based on the data collected from the interviews. Strategic Planning Workshops, as conducted by Sentient, are a blend of action planning, problem solving and communication exercises leading to specific decisions as well as to a more cohesive team. The problem solving focuses on real issues with the group making decisions to resolve those issues. This approach provides three important elements: a pragmatic approach that gives the participants concrete results; a real life forum in which the communication end other working norms of the team can be explored and discussed; an opportunity to try out new ways of working together to make the team more effective. C. Step Three: The workshop will be held away from the work environment and, if possible, in a relaxed informal setting. The methodologies used will be highly experiential and will include management instruments (for example, the Interpersonal Influence Inventory which gives participants feedback as to how others view their management and leadership styles), our Delphi IIc strategic planning process, presentation of theories, structured exercises to provide participants an opportunity to practice skill building, and a lot of group discussion and feedback. Sample designs of similar workshops conducted by Sentient Systems, Inc., are included in Appendix D to illustrate possible designs and methodologies for the sessions. These sample designs would be redesigned to specifically fit the objectives and timeframes set forth in this proposal. Also included are related reports and articles. D. Step Four: Preparing For, Designing and Directing the Sessions A possible schedule for the three-day Workshop with appropriate breaks: DAY ONE 3:00 p.m.- 4:00 p.m. - 7:00 p.m. - 4:00 p.m. 6:30 p.m. 10:00 p.m. Arrival Session #1 Dinner and Informal Discussion DAY TWO 7:30 a.m. - 8:30 a.m. - 12:00 noon 1:00 p.m. - 7:30 p.m. - 8:30 a.m. 12:00 noon - 1:00 p.m. 7:00 p.m. 10:00 p.m. Breakfast Session #2 Lunch Session #3 Dinner and Informal Discussion DAY THREE 7:30 a.m. - 8:30 a.m. - 12:00 noon 1:00 p.m. - 2:30 p.m. - 3:30 p.m. 8:30 a.m. 12:00 noon - 1:00 p.m. 2:30 p.m. 3:30 p.m. Breakfast Session #4 Lunch Session #5 Feedback, Summary, Evaluation Close E. Step Five: Writing the Report A full written report of all activities, theories presented, decisions made, and action plans developed will be compiled by Sentient Systems, Inc. for distribution to all the participants. In discussing the objectives of the City with David Jones, it was felt that an ongoing educational program would be essential for Temecula and especially now in its infancy. The City would be involved in a number of strategic planning sessions. The first one is outlined above and other sessions will include the commissions and staff. The possible dates for the workshop are March 8-10, April 26-28, or May 24-26. It is my recommendation that the City Council approve the contract with Sentient Systems, Inc. and authorize the City Manager to arrange for facilities and determine the most appropriate date for the sessions. FISCAl IMPACT: The costs associated with the first strategic planning session are outlined on page 13 of the proposal. For professional services and supplies a cost of approximately $11,325, per diem expenses would be in addition to that amount as well as costs to arrange for facilities and meals. Unencumbered funds exist in the Fiscal Year 1990-1991 Budget for City Council consulting services for the indicated amount. ITEM' NO. 15 Resolution No. 90-30 Page 10 Ron Parks Mayor I 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 20th day of March, 1990 by the following vote of the Council: AYES: 5 NOES: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemare, Moore Munoz, Parks ABSENT: 0 COUNCILMEMBERS: ~D~'S. Greek puty City Clerk 3\Rmm\90.30 03\22\~0 10:2~am sff/AGRl16270v(01/22/91-8) AGREEMENT REGARDING SALES TAX REVENUES AS TO BUSINESSES LOCATED WITHIN THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA THIS AGREEMENT is made and entered into this day of , 1990, by and among ADVANCED CARDIOVASCULAR SYSTEMS, INC., a California corporation, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association, DEL TACO RESTAURANT PROPERTY III, a , GOOD LAND INVESTMENT, a California limited partnership, BEDFORD DEVELOPMENT COMPANY, a California corporation, TOMOND PROPERTIES, a general partnership, NICOLAS E. TAVAGLIONE, NORTH COUNTY BANCORP, a California corporation, PACIFIC SOUTHWEST REALTY COMPANY, a Delaware corporation, RANCHO MOBILE HOME ESTATES, a limited partnership, RANCHO REGIONAL SHOPPING CENTER, INC., a California corporation, RANCHO VILLAGE ASSOCIATES, a limited partnership, SAN DIEGO FEDERAL SAVINGS AND LOAN ASSOCIATION, a , MARUBENI MOTOR SERVICE, INC., a California corporation, WILLIAM P. and PATRICIA D. JOHNSON, husband and wife, WORLDWIDE EXECUTIVE PROPERTIES, INC., a California corporation, ATWOOD & ANDREWS DEVELOPMENT, , JOHN and JUDY HARRISON, VINCENT JOHNSON, ELI LILLY & COMPANY, , THOMAS E. and KATY GRIFFIN, and VMDT -1- sff/AGRl16270v(01/22/91-8) PARTNERSHIP, a Pennsylvania limited partnership, hereinafter referred to collectively as the -Owners," and the CITY OF TEMECULA, a municipal corporation hereinafter referred to as the "City." WHEREAS, prior to incorporation of the City, the County of Riverside (the "County") initiated and conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with S 53311) of Division 2 of Title 5 of the Government Code (the #Mello-Roos Act"), for the establishment of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California (the "District"), the authorization of a bonded indebtedness for the District in an aggregate principal amount not to exceed $60,000,000, and the levy of special taxes on parcels of taxable property therein to pay the principal of and interest on bonds which may be issued to represent such bonded indebtedness and to finance the design and construction of certain public facilities; and WHEREAS, all proceedings pursuant to the Mello-Roos Act with respect to the establishment of the District, the authorization of the bonded indebtedness therefor and of the -2- sff/AGR116270v(01/22/91-8) levy of special taxes on taxable property therein to pay the principal of and interest on the bonds thereof have been completed as of ; and WHEREAS, the District is therefore authorized to incur bonded indebtedness and issue bonds in an aggregate principal amount not to exceed $60,000,000 to provide for the construction of public facilities; and WHEREAS, among the public facilities which are proposed to be financed with the proceeds of the bonds of the District are the construction and widening of Ynez Road to a six (6) lane width from the north property line of the property where the Advanced Cardiovascular Systems building is located southerly to its intersection with Rancho California Road, the construction of the Apricot Street over-crossing of Interstate Highway 15, including the acquisition of the right-of-way therefor, the addition of loop-ramps at the entrances of Rancho California Road and Winchester Road to Interstate Highway 15, the acquisition of land for the future development of regional and local parks, and the acquisition of all or a portion of Solano Way, a portion of Ynez Road at its intersection with Solano Way and all or a portion of certain water, sewer and storm drain improvements located therein (the mPublic Facilitiesm), all of which projects are required by the City and the County -3- sff/AGRl16270v(01/22/91-8) and which will be of general benefit to residents throughout the City and the surrounding area; and WHEREAS, at a special election called by the County pursuant to Government code S 53326, held on March 23, 1990, two-thirds of the votes cast were in favor of the District's incurring a bonded indebtedness to finance the Public Facilities and the levy of a special tax to pay the principal and interest on such bonded indebtedness, thereby satisfying the condition precedent set out in Section 6 of Resolution 90-30; and WHEREAS, upon the issuance and sale of the bonds of the District to finance the construction and acquisition of the Public Facilities, special taxes approved at such special election, will be levied commencing with FY on the property comprising the District to pay the principal of and interest on such bonds; and WHEREAS, the territory within the District is located entirely within the City and will be developed for commercial, industrial and residential uses, and such commercial and industrial uses will provide significant sales and use tax revenues to the City; and WHEREAS, the City will benefit both from the con- struction of the Public Facilities and the increase in sales and use tax revenues that will be derived from commercial -4- sff/AGRl16270v(01/22/91-8) and industrial businesses which locate within the District; and WHEREAS, the Owners own all property within the boundaries of the District, a legal description of which is attached hereto, marked as Exhibit A, and by this reference incorporated herein, and intend to develop their property within the District for commercial, industrial and residen- tial uses consistent with the General Plan of the City; and WHEREAS, prior to incorporation of the City, the Board of Supervisors of the County, as an inducement to the Owners to proceed with the financing of the construction of the Public Facilities and the development of their property to provide such sales and use tax revenues, agreed with the Owners to annually appropriate and make available for the payment of principal of and interest on the bonds of the District a portion of the sales and use tax revenues received by the County from commercial and industrial businesses located within the District; and WHEREAS, now that the City has become incorporated, the County will not receive any sales and use tax revenues from businesses located within the District, and all such revenues will be received by the City; and WHEREAS, the Owners have requested of the City that the City enter into an agreement with them whereby the City will make sales and use tax revenues received by the City -5- sff/AGRl16270v(01/22/91-8) from commercial and industrial businesses located within the District available for the payment of the principal of and interest on bonds of the District which may be issued and sold to finance the construction and acquisition of the Public Facilities; and WHEREAS, on March 20, 1990, the City Council of the City adopted Resolution 90-30 specifying the terms and conditions under which the City will enter into such an agreement with the Owners to make a portion of the sales and use tax revenues received by the City from commercial and industrial businesses located within the District available for the payment of the principal of and interest on the bonds of the District which may be issued and sold to finance the construction and acquisition of ,the Public Facilities; and WHEREAS, the purpose of this Agreement is to set forth terms and conditions consistent with those contained in Resolution 90-30 whereby the City will appropriate and make available for the payment of the principal of and interest on such bonds a portion of the sales and use tax revenues received by the City from businesses located within the District; NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions hereinafter set forth, the parties do hereby covenant and agree as follows: -6- sff/AGRl16270v(01/22/91-8) Section 1. RRCITAr.S. are true and correct. Section 2. PURPOSR. The Recitals set forth above The City annually will retain up to fifty percent (50%) of the revenues of all sales and use taxes realized from the commercial and industrial businesses located on Developed Parcels (hereinafter defined) within the District for the Reporting Period. The retention of said funds will be subject to the conditions set forth in Sections 5 and 6 hereof and only sales and use tax revenues realized from businesses located on Developed Parcels will be so retained. Any and all such funds are to be applied to reimburse the Special Tax (hereinafter defined) that is to be levied on Parcels (hereinafter defined) within the District consistent with Section 8 hereof. The sales and use tax revenues which are the subject of this Agreement are the revenues from the one percent (1%) of sales and use taxes which are collected for the City by the State Board of Equalization pursuant to Part I (commencing with S 7200) of Division 2 of the Revenue and Taxation Code. Section 3. DRFINTTIONS. When used in this Agreement, the following terms shall have the meanings specified below: (a) "Parcel" or "Parcels" means a parcel or parcels of land located within the boundaries of the -7- sff/AGR116270v(01/22/91-8) District as identified by the County Assessor of the County of Riverside and owned by the Owners or their successors, heirs or assigns. (b) "Developed Parcel(s)" means a Parcel upon which a commercial or industrial business is located as of April I of any year and with curb and gutter adjacent thereto. (c) "Public Facilities" means (1) Construction of the Apricot Street Overcrossing of Interstate Highway 15 from Ynez Road to Jefferson Avenue, including the acquisition of the right-of- way required on both sides of Interstate Highway 15; (2) The widening of Ynez Road to a six (6) lane width with turning pockets at various intersections commencing from the north property line of the property upon which the Advance Cardiovascular System plant is located southerly to its intersection with Rancho California Road, including the acquisition of right-of-way, utility relocations, and utility crossings (i.e., storm sewers, sanitary sewers, water mains, gas mains, electrical facilities, traffic signal facilities relocation, telephone and cable television facilities, etc.); (3) The construction of the freeway loop-ramp at the southeast quadrant of the entrance of Rancho California Road to Interstate Highway 15, including -8- sff/AGRl16270v(01/22/91-8) the acquisition of the required right-of-way; (4) The construction of the freeway loop-ramp at the southeast quadrant of the entrance of Winchester Road to Interstate Highway 15, including the acquisition of the required right-of-way; (5) The acquisition of park land and/or the construction of facilities, buildings, and equipment for local and regional park and recreational purposes; and (6) The acquisition of all or a portion of Solano Way and a portion of Ynez Road at their intersection and certain water and sewer system and storm drainage facilities in Solano Way and Ynez Road near said intersection, including the acquisition of right-of-way therefor, which have been constructed to support the auto park located located at such intersection. (d) 'Special Tax" or 'Special Taxes" means the Special Tax or Taxes to be levied by the Board of Supervisors of the County during each fiscal year to pay the principal of and interest on the poz~cion of the bonds of the District which is issued and sold to finance the construction and acquisition of the Public Facilities. (e) 'Reporting Period- means that period from April I of the preceding calendar year to March 31 of the current calendar year. (f) 'Undeveloped Parcel(s)' means Parcels which -9- sff/AGRl16270v(01/22/91-8) are not Developed Parcel(s). Section 4. CONDITIONS PRECEDENT. The obligations of the City under this Agreement are conditioned on the District issuing and selling bonds to finance the construction of the Public Facilities necessitating the annual levy of the Special Taxes. The conditions specified in Section 6 of Resolution No. 90-30 have been satisfied. DETERMINATION AND PAYMENT OF SALES & Section 5. USE TAX RECEIVED: A. The City at its discretion, after consulting with Owners, shall establish procedures pursuant to the requirements of this Agreement to determine annually the amount of the Special Tax, the sales and use taxes paid by each Developed Parcel for each Reporting Year and to pay to Owners such sales and use taxes according to the following formula: 1. Twenty-five percent (25%) of the sales and use tax if the amount of the bonds the District has issued do not exceed Twenty Million Dollars ($20,000,000.00); and 2. One and one-quarter additional percent (1.25%) of the sales and use tax for each additional One Million Dollars ($1,000,000.00) of bonds the District issues. By way of example: -10- sff/AGRl16270v(01/22/91-8) of Bonds Issued $20,000,000.00 $20,999,999.99 $21,000,000.00 Sales & Use Tax 25% 25% 26.25% 3. In no event shall the percentage exceed fifty percent (50%). B. Once any Special Tax paid in prior years, but not reimbursed with sales and use tax, is paid pursuant to Section 9, the percentage of the sales and use tax to be paid to the Owners to reimburse their Special Tax shall be readjusted annually so as to be sufficient to reimburse the Owners for the Special Tax for the matching annual period. C. City may establish a trust account or subfund into which sales and use tax revenues may be deposited. Any interest earned by such account shall be retained therein and used for the same purposes. D. City may determine to appoint or designate a trustee or o~her employee to handle the determination of sales and use tax proceeds to be reimbursed. E. Any such procedures shall provide for the method by which City or its designee shall determine and reimburse such amounts to Owners upon proof of payment of -11- sff/AGRl16270v(01/22/91-8) the Special Tax. The method of payment shall be determined by City and a majority of the owners prior to finalization of such procedures. same method. Section 6. All Owners shall be paid utilizing the APPROPRIATION OF SALES AND USE TAX RRVRNUES. Notwithstanding any other term, covenant or condition contained in any section of this Agreement, while the City agrees to use its best efforts to appropriate sales and use tax revenues each year throughout the term of this Agreement, the City does not unqualifiedly and irrevocably obligate itself so to act, nor to expend any funds of the City, nor does the City incur any specific obligation or indebtedness hereunder which shall extend beyond the fiscal year of the City within which this Agreement shall have been entered into, and the City has and shall continue to have and enjoy the absolute right to expend the sales and use tax revenues accruing in any future fiscal year in any manner which the City shall deem appropriate in the sole exercise of its discretion. The City shall in no way be obligated to make such appropriation if there are not sufficient funds in the general fund of the City to do so. No part of such specified deposits shall be appropriated or otherwise made available or used either directly to design, acquire or construct or pay principal and interest on bonds of the District issued and sold to finance any improvements other -12- sff/AGRl16270v(01/22/91-8) than the Public Facilities. Section 7. SALES TAX INFORMATION. The Owners of Developed Parcels must provide the City or its designee with all of the information required by the document entitled "Information on Sales and Use Tax Reporting and Required Information" which is attached hereto, marked as Exhibit B, and by this reference incorporated herein. It is the obligation of the business and the Owner of the affected Developed Parcel to provide the required information to the City or its designee in a timely manner as determined under Section 5 and to keep the information accurate annually during the term of this Agreement. Failure to supply the required information as set out herein will result in a Developed Parcel not receiving any credit for sales and use tax revenues received by the City for the business that is located thereon for that fiscal year; provided, however, that the failure of a Parcel to become a Developed Parcel or of a Developed Parcel to receive a credit for sales and use tax revenues shall not preclude the owner of the Parcel from receiving the benefits of this Agreement. Section 8. USR OF SAL~S AND USE TAX REVENUES. Sales and Use Tax Revenues shall be paid to the Owners pursuant to Sections 5 and $ to offset the Special Tax obligation of the Parcels within the District with respect to the principal of and interest on the portion of the bonds -13- sff/AGRl16270v(01/22/91-8) of the District which have been issued and sold to finance the construction and acquisition of the Public Facilities in the following manner: (a) The sales and use tax revenues received during a Reporting Period from a commercial or industrial business located on a Developed Parcel will be applied to the Special Taxes for the Developed Parcel(s), pursuant to the procedure developed as set forth at Section 5. (b) Should the sales and use tax revenues received and applied to a Developed Parcel exceed the Special Taxes for that parcel, the excess shall be applied pro rata to all other Parcels (whether or not they are Developed Parcels), the Special Tax for which has not been fully offset by the application of sales and use tax revenues, so that the Special Tax for all such Parcels shall as nearly as possible be reduced by the same percentage. (c) To the extent that such the amount 'of the Special Tax on any Parcel in any fiscal year exceeds the sales and use tax revenues applied to that parcel as set out in subparagraphs (a) and (b) above, the Owners shall pay the additional amount of such Special Tax for each such fiscal year. (d) Any revenues of sales and use tax remaining after application thereof as provided in subparagraph (a) and (b) above shall be transferred to the general fund of -14- sff/AGRl16270v(01/22/91-8) the City or made available for reimbursement pursuant to Section 9 hereof. Section 9. RRIMBURSFM£NT FOR PRIOR FISCAT. YEARS. It is contemplated that in the later years of the term of this Agreement, the sales and use tax revenues received from commercial and industrial businesses located on Developed Parcels and to be appropriated annually by the City Council for the payment of the Special Taxes pursuant to Section 5 may exceed the amount of the Special Taxes levied on all Parcels. In the event of such an excess in any fiscal year the City Council shall appropriate and make available such excess first to reimburse the Owners of Developed Parcels pro rata for Special Taxes which they paid in prior fiscal years when sales and use tax revenues appropriated by the City were not sufficient to pay the full amount of the Special Taxes, and then to.the extent any excess remains to reimburse the Owners of Parcels which are not Developed Parcels pro rata for such Special Taxes. Such reimbursement shall be made without interest and shall be credited first to the earliest fiscal year in which Special Taxes exceeded sales and use tax revenues. In the event that there is no such excess in any fiscal year, the City shall be under no obligation to make such reimbursement. Notwithstanding the foregoing, the City Council shall have the absolute autho- rity in any fiscal year to determine whether or not to make -15- sff/AGRl16270v(01/22/91-8) an appropriation of sales and use tax revenues pursuant to this section, and shall have no obligation to make any con- tribution or reimbursement pursuant to this Agreement from any other funds of the City. Section 10. TRAFFIC IMPACT FEES. (A) The City Council shall initiate, conduct and complete proceedings for formation of an area of benefit or to levy and collect traffic impact fees, as allowed by law, including, but not limited to, those authorized pursuant to Section 66484 of the Government Code, to be paid by the affected owners of property as a condition to the issuance of building permits or final inspection to finance the design and construction (or reimbursement to the District or the Owners therefor) of roads, bridges and other traffic facilities which are of benefit ~Lhroughout the City (the "Traffic Impact Fees-) specifically including, but not limited to, the cost of construction of the fifth and sixth lanes of Ynez Road. Upon the establishment of Traffic Impact Fees the Owners, notwithstanding any prior agreement with the County, shall pay such Traffic Impact Fees as determined by the City upon the issuance of building permits or final inspection. The City Council may but is in no manner required to elect in any fiscal year to pay all or any portion of the Special Taxes levied on Parcels, which would otherwise be paid with sales and use tax revenues -16- sff/AGRl16270v(01/22/91-8) appropriated by the City Council pursuant to Sections 5 and 6 hereof, with revenues of the Traffic Impact Fees or other available funds; provided, however, that neither the general revenues nor the full faith and credit of the City is in any manner pledged for such payment. (B) The Owners hereby consent to the formation of any district for, or the levy and collection of, such Traffic Impact Fees, waive their rights to protest such formation, levy or collection, but not to object to the method of allocation of costs or fee apportionment. Section 11. DEDICATION AND ACOUISITION OF PROPERTY. (A) The Owners whose parcels have frontage on Ynez Road or Solana Way hereby agree that they will execute and deposit with the City irrevocable offers to dedicate the land necessary to accomplish the widening of Ynez Road as described at Section 3(c)(2) of this Agreement. The Owners shall make the offer of dedication within thirty (30) days of receiving written demand from the City for the land. Attached as Exhibit D is a preliminary description of the land necessary to be dedicated in order to widen Ynez Road as described at Section 3(c)(2) of this Agreement. Owners acknowledge that this description is preliminary, that they may be required to dedicate land other than that depicted in Exhibit D, and then they will be required to dedicate a temporary construction easement beyond the land depicted in -17- sff/AGR116270v(01/22/91-8) Exhibit D. (B) If any easement or right-of-way or parcel of property which is .necessary for construction of the Public Facilities which has not been dedicated by any of the Owners must be acquired by the City from the Owners, the date of valuation of such right-of-way easement or parcel for purposes of such acquisition shall be March 20, 1990. Section 12. CONDITION OF BUILDING PERMITS. The Owners of Parcels that are without curb, gutter, sidewalk or four lanes of improved streets adjacent thereto as of , 1990 agree that the issuance of building permits for their projects with frontage on Ynez Road or Solano Way or the intersection of Solano Way and Ynez Road shall be conditioned on payment or repayment to the City of the following: (1) The costs of construction of two lanes of Ynez Road or two lanes of Solano Way, or if any Parcels have frontage on both Ynez Road and Solano Way, two lanes of each of said streets; (2) Two-thirds of the cost of any utility relocation not borne by the utility; and (3) The cost of construction of the curb, gutter, sidewalk and parkway fronting said Owner,s Parcel(s). -18- sff/AGR116270V(01/22/91-8) The precise allocation of such payment or repayment shall be determined pursuant to a formula to be developed by the City Engineer. Further, the City may place a contingent assessment for such costs on each such Undeveloped Parcel. The form of the repayment shall be at a reduction in the subsequent sales and use tax payments provided at Section 5 and 6, until the amount has been repaid. Section 13. PAYMENT OF TAXRS. Notwithstanding the preceding provisions of this Agreement, no Parcel shall be entitled to or receive benefit under this Agreement in any fiscal year if property taxes and assessments levied thereon in prior fiscal years are delinquent. Section 14. TERM. This Agreement shall remain in effect as long as the levy of special taxes is required to pay that portion of the bonds issued and sold by the District to finance the construction and acquisition of the Public Facilities. Section 15. ?NURRMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and to their respective heirs, executors, administrators, successors and assigns. Section 16. AUTHORITY. Each party hereto repre- sents and warrants to the other parties that it has the power and authority to enter into this Agreement, and that -19- sff/AGRl16270v(01/22/91-8) each person executing this Agreement on its behalf has been duly authorized so to act for and on behalf of such party. Section 17. INCORPORATION OF PROVISIONS REOUIRED BY ?.%W. Each provision and clause required by law to be inserted into this Agreement shall be deemed to be included herein, and this Agreement shall be read and enforced as though each such provision were included herein, it being specifically provided that if through mistake or otherwise any such provision is not inserted or is not correctly inserted, this Agreement shall be amended to make such insertion upon application by any party hereto. Section 18. SEVERABILITY. Each section and provision of this Agreement is severable from each other provision, and if any provision or part hereof shall be declared invalid, the remaining provisions shall neverthe- less remain in full force and effect. Section 19. ~TIRR AGREEMENT. It is expressly agreed that this Agreement embodies the entire agreement of the parties in relationship to the subject matter hereof, and that no other agreement or understanding, verbal or otherwise, relative to the subject matter hereof exists between the parties at the time of execution, and that this Agreement may be modified or amended only by a writing -20- sff/AGRl16270v(01/22/91-8) signed by the duly authorized and empowered representatives of each and all of the parties hereto. Section 20. NOTICFS. Any notices required or permitted to be served by any party upon the others shall be addressed to the respective parties as set forth below, or to such other address as shall be designated by proper notice given from time to time by the respective parties hereto: TO CITY: city of Temecula 43172 Business Park Drive Temecula, CA 92390 Attn: City Manager With Copy To: Scott F. Field, Esq. City Attorney Burke, Williams & Sorensen 3200 Bristol Street Suite 640 Costa Mesa, CA 92626 TO OWNER ¢ S): Advanced Cardiovascular Systems, Inc. 26531 Ynez Road Temecula, CA 92390 Atwood & Andrews Development 40791 Daily Road Fallbrook, CA 92028 Bank of America Nat1 Tr & Svgs P.O. Box 37000 San Francisco, CA 94137 Bedford Development Co. P.O. Box 9016 Temecula, CA 92390 -21- sff/AGR116270v(01/22/91-8) De1 Taco Restaurant Prop III 345 Baker Street Costa Mesa, CA 92626 Eli Lilly & Co Lilly Corp Center Indianapolis, IN 46285 Good Land Investments 2142 Lime Lane Santa Ana, CA 92705 Thomas E. & Katy Griffin 31307 Santiago Road Temecula, CA 92390 John & Judy Harrison 26755 Ynez Road Temecula, CA 92390 Vincent Johnson 4275 Executive Sq., Ste. 1040 La Jolla, CA 92037 William P. & Patricia D. Johnson 29400 Rancho California Road Temecula, CA 92390 Marubeni Motor Service, Inc. 333 S. Grand Avenue Los Angeles, CA 90071 North County Bancorp P.O. Box 1476 Escondido, CA 92025 Pacific Southwest Realty Co. P.O. Box 2097, Term Annex Los Angeles, CA 90051 Rancho Mobile Home Estates 29994 Corte Cantera Temecula, CA 92390 Rancho Regional Shopping Center 3470 Mr. Diablo Blvd., Ste. A100 Lafayette, CA 94549 -22- sff/AGRl16270v(01/22/91-8) Rancho Village Assoc. P.O. Box 1027 Temecula, CA 92390 Rancho Village Assoc. 29400 Rancho California Rd. Temecula, CA 92390 San Diego Federal Savings & Loan Assoc. P.O. Box 85459 San Diego, CA 92138 Nicholas E. Tavaglione 3545 Central Ave., Ste 200 Riverside, CA 92506 Tomond Properties P.O. Box 2159 Escondido, CA 92025 VMDT Partnership 1100 Ridge Pike No. 200 Conshohocken, PA 19428 Section 21. APPLICABLE ?.AW. This Agreement is made in the State of California under the laws and constitution of such State, and is to be so construed. Section 22. COUNTERPARTS. This Agreement may be executed in counterparts signed on behalf of the City and one or more of the Owners. Each such counterpart shall be an original -23- sff/AGRl16270v(01/22/91-8) agreement, but all such counterparts shall together constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF TEMECULA RON PARKS, MAYOR ATTEST: DAVID F. DIXON, CITY CLERK OWNER(S) By: Title: -24- sff/AGRl16270v(01/22/91-8) EXHIBIT B Information on Sales and Use Tax Reporting and Required Information By statute, the City of Temecula is to receive one percent of the sales and use tax collected for transactions which occur within the territory of the City. For the City to receive this one percent, the reporting business must report the transaction as having occurred within the City, or the tax proceeds will either be retained by the State or paid over to another governmental entity. In order to verify that the City has received one percent from the reported transactions of a particular business, the City must have both the business identification number and the industry code that have been assigned to the business by the State Board of Equalization. The industry code is a two digit number and the identification number is a fourteen digit number, the first of five digits of which are letters. From the identification number, certain additional information can be determined as to the nature of the business and the reporting process required of it. At this point, an example is necessary - the following identification number is fictitious: SREHA 101010000 The initial two letters indicate whether the reporting business has single or multiple business locations from which reportable transactions occur. If the initial two letters are "SR#, "SS# or #SX#, the reporting business is considered to have a single location which does not require any apportionment of the sales and use tax reported. If the initial two letters are #FY# or "SZ", then multiple business locations are indicated requiring an apportionment of the sales and use tax between the locations and the filing of form BT-530, Schedule C. It is not uncommon for a business, once it begins to expand, to fail to report to the State Board of Equalization that it has multiple locations requiring a new identification number. There is no penalty for failing to do so. The governmental entity that will receive the one percent of sales and use taxes for a business is determined by a five digit area code that appears on the permit issued by the State Board of Equalization as well as the return filed by the reporting business. The area code for the City of Temecula is · If this number does not appear on the return, if a single location business, or on the form BT-530, Schedule C, if a B-1 sff/AGR116270v(01/22/91-8) multiple location business, the City will not receive any sales and use tax revenues from the State Board of Equalization. If a single location business has relocated its business to within the City, but retained an alternate address either for receipt of mail or reporting sales taxes, there is a real likelihood that the area code on the return for the business is incorrect and the wrong governmental entity is receiving the one percent. Similarly, an expanding business with more than one business location will need to inform the State Board of Equalization of that fact, receive a corrected or new identi- fication number, and file the appropriate forms with its return. The property owner of any parcel within the District must provide or cause to be provided to the Finance Director of the 'City of Temecula the Assessor's Parcel Number for the affected parcel and a copy of the Sales Tax Permit issued by the California State Board of Equalization to the business located on the affected parcel. APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA A¢~ENDA REPORT TO: FROM: DATE: MEETING DATE SUAJECT: CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY JANUARY 24, 1991 JANUARY 29, 1991 COMMUNITY FACILITIES DISTRICT 88-12 (YNEZ CORRIDOR) - SALES TAX AGREEMENT RECOMMENDATION: That the City Council approve the Agreement entitled "Agreement Regarding Sales Tax Revenues As To Businesses Located Within The Boundaries Of Community Facilities District No. 88-12 (Ynez Corridor) Of The County Of Riverside, State Of California", in substantially the form attached hereto with such changes and modifications as approved by the City Manager and the City Attorney; and authorize the execution and attestation of such agreement in its final form by the Mayor and City Clerk. DISCUSSION: Prior to City incorporation the County established CFD 88-12 (Ynez Corridor). At that time, the County did so with the understanding that it would commit a portion of the sales tax generated within the CFD to be used to repay the special tax obligations of the parcels located within the CFD. Last March 20, 1990, the City Council adopted Resolution 90-30 specifiying the terms and conditions under which the City would enter into a similar agreement with the owners. (A copy of Resolution 90-30 is attached.) At that time, it was contemplated that Resolution 90-30 would serve as a memorandum of understanding, and would be followed by a formal sales tax agreement. Attached is such an agreement. Its key provisions are as follows: Sales Tax Reimbursement The City will annually reimburse the owners of parcels within the CFD for the amount of their special tax according to the following formula: If the amount of the bonds the District has issued do not exceed $20 million, then the City will devote 25% of its share of the sales and use tax (i.e., one quarter percent (I/4%) of the City's one percent (1%)) to repay the debt. Agenda Report - CFD 88-12 Sales Tax Agreement Page 2 For each additional $1 million of bonds the District issues, the City shall devote an additional one and one quarter percent (1.25%). By way of example: $ of Bonds Issued Sales & Use Tax $20,000,000.00 25% $20,999,999.99 25% $21,000,000.00 26.25% The percentage of the sales tax to be devoted to the repayment of the special tax shall not exceed fifty percent (50%) of the City's one percent (1%) share. At this point in time, it is estimated that the special tax will exceed the amount of available sales tax in the early years of the CFD. However, the available sales tax will exceed the special tax in later years, and the Agreement provides that any short-fall in the earlier years will be repaid out of the additional sales tax available in the later years. The Agreement further provides that the sales tax will first be used to repay the special tax owing by the developed parcel that generates the sales tax. Then, any additional sales tax will be used to pay for undeveloped parcels. In this way, the Sales Tax Agreement encourages the development of parcels, particularly towards commercial, sales tax-generating developments. Traffic Imoact Fees. At this time, the City is considering establishing a traffic impact fee. The Agreement provides that the property owners will participate in such a traffic impact fee program. Dedication Of Pro~rtv. Owners of parcels which abut Ynez Road or Solano Way have agreed by way of the Sales Tax Agreement that they will dedicate to the City such land as is necessary to accomplish the widening of Ynez Road. Further, the property owners with land necessary for the construction of the freeway loops and the Apricot Crossing agree that the date of valuation for the land that must be acquired by the City for construction of these improvements shall be March 20, 1990, the date of Resolution No. 90-30. Recovery Of Part Of The Cost Of Widenin(] Ynez. At the time of adoption of Resolution No. 90-30, the Council took the position that it would not pay for widening Ynez to the extent the widening would have been a typical condition of development. Since Ynez is a six lane street, it was concluded by the Council that the typical development Agenda Report - CFD 88-12 Sales Tax Agreement Page 3 would be required to install two lanes of roadway from the center line as well as curb, gutter and sidewalk. Consequently, the Agreement provides that property owners without such improvements on their property agree that the issuance of building permits for their projects along Ynez or Solano shall be conditioned on payment or repayment to the City of the cost of construction of two lanes of roadway plus curb, gutter and sidewalk. Effect Of Agreement. Without voter approval of a general obligation bond, the City does not have the authority to unqualifiedly and irrevocably obligate itself to act to repay the special tax beyond the current fiscal year. Consequently, this Agreement explicitly states that the City retains its discretion to expend its sales and use tax revenues acquired in any future fiscal year in any manner is which the City shall deem appropriate. A TTA CHMENT$: Sales Tax Agreement Resolution No. 90-30 RESOLUTION 90-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING ITS INTENTION TO ASSIST WITH THE FINANCING OF ROAI) kNl) TRAFFIC AND PARK FACILITIES OF REGIONAL BENEFIT WITHIN THE CITY BY MAKING CERTAIN SAI.~S TAX REVENUES AVAILABLE FOR THE PAYMENT OF DEBT SERVICE ON BONDS OF COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) OF THE COUNTY OF RIVERSIDE WHICH MAY BE ISSUED TO FINANCE THE CONSTRUCTION OF SUCH FACILITIES WHEREAS, The County of Riverside (the "County") prior to incorporation, has conducted proceedings pursuant to the Me1Io-Roos Community Facilities Act of 1982, as amended, Chapter 2.$ (commencing with § 53311) of Division 2 of Title 5 of the Government Code (the "Mello-Roos Act"), for the establishment of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California (the "District"), the authorization of a bonded indebtedness for the District in an aggregate principal amount not to exceed $60,000,000, and the levy of special taxes on parcels of taxable property therein to pay the principal of and interest on bonds which may be issued to represent such bonded indebtedness and to finance the design and construction of certain public facilities; and WHEREAS, all proceedings pursuant to the Mello-Roos Act with respect to the establishment of the District, the authorization of the bonded indebtedness therefore and the levy of special taxes on taxable property therein to pay the principal of and interest on the bonds thereof have been completed except the elections pursuant to Sections 53326 and 53351 of the Government Code; and WHEREAS, among the public facilities which are proposed to be financed with the proceeds of the bonds of the District are the construction and widening of Ynez Road to a six (6) lane width from the north property line of the property where the Advanced Cardiovascular Systems building is located southerly to its intersection with Rancho California Road, the construction of the Apricot Street over-crossing of Interstate Highway 15, the addition of loop-ramps at the entrances of Rancho California Road and Winchester Road to Interstate Highway 15, and the acquisition of land for the future development of regional and local parks, and the acquisition of all or a portion of Solano Way, a portion of Ynez Road at its intersection with Solano Way and all or a portion of certain water, sewer, and storm drain improvements looted therein, all of which will be of general benefit to residents throughout the City of Temecula (the "City") and the surrounding area and which facilities are not private projects but those required by the City and the County (the "Public Facilities"); and WHEREAS, the territory within the District is looted entirely within the City and will be developed for commercial, industrial and residential uses which will provide significant sales and use tax revenues to the City; and Resolution No. 90-30 Page 2 ~/HEREAS, prior to the incorporation, the Board of Supervisors of the County, as an inducement to the owners of the property within the boundaries of the District to proceed with the financing of the construction of the Public Fadlities and the development of their property to provide such sales and use tax revenues agreed with the owners of property within the District to annually appropriate and make available for the payment of principal of and interest on the bonds of the District a portion of the sales and use tax revenues received by the County from businesses and industries located within the District; and WHEREAS, now that the City has become incorporated, the County will not receive any sales and use tax revenues from businesses and industries located within the District, and all such revenues will be received by the City; and WHEREAS, the owners of the property within the District have requested of the City that the City enter into an agreement with them whereby the City will make sales and use tax revenues received by the City from businesses and industries located within the District available for the payment of the prindpal of and interest on the bonds of the District which may be issued and sold to finance the construction and acquisition of the Public Facilities; and WHEREAS, in order to induce such owners and their successors and assigns (hereafter the "owners of property") to proceed with the elections to be conducted by the County authorizing bonded indebtedness for the District and the levy of special taxes on taxable property therein to pay the principal of and interest on bonds which may be issued and sold to represent such bonded indebtedness and to finance the Public Facilities, it is desirable that the City enter into such an agreement with the County and with owners of the property within the District; and WHEREAS, the City also requires certain agreements from the County and the owners of property withirl the Distr/ct in order to make such sales and use tax revenues available for the Public Facilities while assuring that funds will be available for other road projects of benefit to City residents and the City may determine not to finalize an agreement which does not contain corresponding agreements of the County and the owners of property as set out in this Resolution; and WHERKAS, since it is not possible for the City, the County and such owners to negotiate the final terms and conditions of such an agreement and to have such an agreement approved, authorized and executed on behalf of the City and the County an all such owners prior to the last date upon which such elections can be held pursuant to Section 53326 of the Government Code, it is necessary and deskable that the City Council adopt a resolution with regard to its intention to enter into such an agreement and to make a portion of the sales and use tax revenues received by the City from businesses and industries located within the District available to the County for the payment of the principal of and Resolution No. 90-30 Page 3 interest on the bonds of the District which may be issued and sold to finance the Public Facilities and spe~ the general terms and conditions of such an agreement; and WHEREAS, the City may request that the County limit the amount of bonds to be authorized in such elections and issued to that necessary to fund the Public Facilities and expenses incidental thereto; and WHEREAS, since additional road and tra~c facilities including, but not limited to; the Public Facilities also are of benefit to property owners and residents of the City, it is also equitable and desirable that the City Council proceed with the establishment of an impact fee program, including but not limited to, the formation of a Bridge and Major Thoroughfare Construction Fee District(s) pursuant to Section 66484 of the Government Code, including the property within the District, and levy a fee as a condition to the issuance of building permits to provide another source of revenue to finance the construction and acquisition of, or to reimburse the District for such roads, bridges and traffic facilities, throughout the City; and V/I-IEREA~, the owners of property within the .District will be required to pay such fees upon issuance of building permits and notwithstanding any prior agreement with the County, to waive their rights to protest to the formation of such an impact fee district and the levy and collection of a fee therein (reserving their rights to object to the method of allocation of costs or fee apportionment); and WHEREAS, as a portion of the Public Facilities to be financed are of local rather than regional benefit, the owners of property within the District will be required to reimburse the City, for the cost of such Public Facilities they otherwise would be required to build with their own funds; and WHEREAS, it is anticipated that the costs of utility relocation for construction of the Public Facilities will be borne by the affected utilities, but, in the event all or a portion of such costs are not borne by the utilities, the City and owners of property shall divide such costs; NOW, THEREFORE, BE IT ~LVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF TEMECULA AS FOI.I OWS: SECTION I Recitn!.~. The recitals set forth above are true and correct. SECTION 2 Agreement hY City. It is the intention of the City Council to negotiate the terms and conditions of and to approve and authorize the execution and delivery on behalf of the City of an agreement to be entered into between the City, the County and all owners of property within the District (the "Agreement") which, with regard to sales and use tax revenues, will in general provide as follows: Resolution No. 90-30 Page 4 (a) (b) (c) (d) (e) When and if bonds of the District are authorized and issued by the County in an amount su_fficient to Finance the Public Facilities (plus incidental expenses), the City Council will develop a system to annually appropriate and made a available for the payment of the principal of and interest on such bonds an amount equal to 25 percent of the sales and use tax revenues received for each fiscal year by the City from business and industries located within the District. The City Council shall appropriate such sales and use tax revenues each year of the term of the bonds, commencing with the first year in which special taxes are levied on parcels of taxable property in the District for the payment of interest or principal on the bonds. Notwithstanding the foregoing, the City Council has the absolute authority in any fiscal year to determine not to make such an appropriation and. the failure or refusal of the City to make such an appropriation shall not be determined to be a breach of any agreement. No part of the sales and use tax revenues received by the City in any fiscal year shall be appropriated, made available or used for the payment of principal of and interest on the bonds of the District which are issued and sold to finance any public facilities other than the Public Facilities. For each fiscal year when sales and use tax revenues have been appropriated by the City Council, such revenues shall be allocated for the payment of special taxes as follows: (x) Up to 25 percent of the sales and use tax revenues received during each fiscal year with respect to each parcel of developed property (a parcel with a commercial or industrial business located thereon and with curb and gutter adjacent thereto) shall be allocated proportionately to the payment of the special taxes levied on all parcels of developed property for that fiscal year. To the extend that the amount of the special taxes levied on such parcels exceeds the amount of sales and use tax revenues available to pay the special taxes, the property owners shall pay the additional amount of any special taxes owiu8 (the "shortfall"). Resolution No. 90-30 Page 5 (2) In the event the amount of the sales and use tax revenues available to be appropriated in any fiscal year with respect to parceh of developed property is in excess of the special taxes lev/ed on such parcels for that fiscal year, that excess shall be allocated proportionately to pay or reduce all or a portion of the special taxes levied on parcels of undeveloped property in the District. To the extent that the amount of the special taxes exceed the amount of sales and use tax revenues available to pay the special taxes, the property owner shall pay such amount. (3) It is contemplated that in the later years of the agreement the 25 percent of sales tax revenues appropriated annually for the payment of principal and interest on the bonds of the District may exceed the amount of the spedal taxes levied on parcels of both developed and undeveloped property. In the event of such an excess in any future years the City shall appropriate and make available such excess first to reimburse each owner developed property pro rata for the shortfall pursuant to subsection 1 hereof, and then to the extent any excess remains to reimburse each owner of undeveloped property or developed property pro rata for special taxes paid pursuant to Subsection 2. Such reimbursement shall be made without interest and shall be credited first to the earliest fiscal year in which special taxes were levied. In the event that there is no such excess in any fiscal year, the City shall be under no obligation to make such reimbursement, Notwithstanding the foregoing, the City Council shall have the absolute authority in any fiscal year to determine whether of not to make this appropriation and has no obligation to make any contribution or reimbursement from any other funds of the City. SECTION 3 Trnffic lmpnct Fees. The City Council intends to initiate, conduct and complete proceedings to form a district and levy and collect traffic impact fees, as allowed by law, including, but not limited to those authorized pursuant to Section 66484 of the Government Code, to be paid by the owners of property within the area of benefit as a condition to the issuance of building permits to finance the design and construction (or reimbursement to the District therefor) of road, bridges and other traffic facilities which are of benefit throughout the Resolution No. 90-30 Page 6 City (the 'Traffic Impact Fee") specifically including. but not limited to, the cost of construction of the fifth and sixth lanes of Ynez Road. (a) The Agreement shall provide that the owners of property within the District, notwithstanding any prior agreement with the County, shall pay such a Traffic Impact Fee as determined by the City upon the issuance of building permits. (b) The owners of property within the District also shall agree to consent to the formation of a district for, and the levy and collection of, a Traffic Impact Fee therein, and shall waive their rights to protest such formation, levy or collection, but not to object to the method of allocation of costs or fee apportionment. (c) The City Council may but in no manner is required to elect in any fiscal year, and the agreement provided for in Section 2 hereof shall so provide, to pay all or any portion of the special taxes levied on parcels of taxable property in the District for the payment of the principal of and interest on the bonds thereof, which would otherwise be paid with sales and use tax revenues appropriated by the City Council, with revenues of the Traffic Impact Fees or other available funds, but the general revenues or full faith and credit of the City shall not be pledged for such payment. SECTION 4 Facilities to be Finnnced. The Agreement shall provide that the facilities which shall be financed with the proceeds of any bonds of the District authorized, issued and sold shall include the following facilities which are the Public Facilities, and any and all costs incidental thereto, but in no event shall the City be obligated or required in any way to contribute sales and use tax revenues for the payment of principal and interest on bonds of the District issued and sold to finance other facilities. (a) Construction of the Apricot Street over-crossing of Interstate Highway 15 from Ynez Road to Jefferson Avenue, including the acquisition of the right-of-way required on both sides of Interstate Highway 15, at an estimated cost of $$,000,000; (b) The widening of Ynez Road to a six (6) lane width with turning pockets at various intersections commencing from the north property line of the property upon which the Advanced Cardiovascular System plant is located southerly to its Resolution No. 90-30 Page 7 (c) intersection with Rancho California Road, including the acquisition of right-of-way, utility relocations, and utility crossings (i.e., storm sewers, sanita~ sewers, water mains, gas mains, electrical facilities, traffic signal facilities relocation, telephone and cable television facilities, etc), at an estimated cost of $3,000,000; The construction of the freeway loop-ramp at the southeast quadrant of the entrance of Rancho California Road to Interstate Highway 15, including the acquisition of the required right-of-way, at an estimated cost of $1,000,000; (d) The construction of the freeway loop-ramp at the southeast quadrant of the entrance of Winchester Road to Interstate Highway 15, including the acquisition of the required right-of- way, at an estimated cost of $1,000,000; (e) The acquisition of park land and/or the construction of facilities, buildings, and equipment for local and regional park and recreational purposes, at an estimated cost of $2,000,000; and (0 The acquisition of all or a portion of Solano Way and a portion of Ynez Road at their intersection and certain water and sewer system and storm drainage facilities in Solano Way and Ynez Road near said intersection, including the acquisition of right- of-way therefor, which have been constructed to support the auto park located at such intersection. SECTION $ Snle of Rond~. With respect to the bonds of the District to be issued and sold by the County, the Agreement shall provide as follows: (a) The bonds shall be sold in two or more; the flu'st of which shall be sold as soon as possible in an aggregate principal amount to finnnce the design, construction and/or acquisition of the Public Facilities described in Section 3(b) and (f) hereof and any and all costs incidental thereto, and the second or later series of which shall be sold as soon as possible after Cal Trans permits have been obtained for the Public Facilities described in Section 3(a), (c), (d) and (e), which series shall be in an aggregate principal amount sufficient to finance the design acquisition and/or construction of such Public Facilities and any costs incidental thereto; Resolution No. 90-30 Page 8 (b) (c) (d) (e) The aggregate principal mount of the any series of the bonds issued and sold to finance the Public Facilities shaU include a reserve fund in such amount as is reasonably required, issuance costs, underwriter's discount, and capitalized interest for not more than eighteen months as well as the costs of administration of the District and of the Agreement contemplated by this Resolution; The aggregate principal amount of the any series of the bonds issued and sold to finance the Public Facilities shall also include an amount sufficient to reimburse the owners of property within the District for any amounts which they have advanced to the County for the payment of costs and expenses incurred by the County in connection with the establishment of the District and the issuance and sale of that series of bonds; The aggregate principal amount of the any series of the bonds to be issued and sold to finance the Public Facilities shall be determined by the County in consultation with its bond counsel and financial consultant, the underwriter, the owners of property within the District and the City; and Any series of the bonds to be issued and sold to finance the Public Facilities shall contain a provision which will permit their call and redemption at the earliest practical date, as determined by the County in consultation with its bond counsel and financial consultant and the underwriter. SECTION 6 Conditio~.~ Precedent. (a) The City shah not be obligated to enter into an Agreement with the County and the owners of property within the District as contemplated in this Resolution, unless two-t_hirds of the votes cast in the elections within and for the District on the proposition of the District incum'ng a bonded indebtedness and the proposition of the levy of special taxes on parcels of taxable property therein to pay the principal of and interest on the bonds of the District which may be issued and sold to represent such bonded indebtedness and to finance the design and construction of the Public Facilities are in favor of such propositions, and the County is hereby authorized to provide for the issuance and sale of the bonds of the District in an amount sufficient to finance the design and construction of the Traffic Facilities and to levy special taxes on all parcels of taxable Resolution No. 90-30 Page 9 SECTION 7 SECTION g SECTION property within the District in an aggregate amount sufficient to pay the principal of an interest on such bonds of the District. (b) Notwithstanding the foregoing or any other provisions of this Resolution in the event the County or owners of property fail or refuse to consent to the agreements required in this Resolution or other consideration acceptable to the City, the City shall not be obligated or required to enter into any agreement for the contribution of sales and use tax revenues. Agreement and Cooperation of Owners. In addition to the agreements set out in Section 2 and 3 hereof, the Agreement contemplated by this Resolution shall further provide that: (a) The owners of property in the District agree that they will execute and deposit with City, as an attachment to the Agreement contemplated by this Resolution, an irrevocable offer to dedicate the land necessary to widen Ynez Road as set out in Section 3 hereof; and (b) The owners of undeveloped property further agree that the issuance of building permits for their projects with frontage on Ynez Road or Solano Way, or the intersection of Solano Way and Ynez Road shall be conditioned on repayment to City of the costs of construction of two lanes of Ynez Road and two lanes of Solano Way plus curb, gutter, sidewalk and park'way and two-thirds of the cost of any utility relocation not borne by the utility. The precise allocation of such repayment shall be determined pursuant to a formula to be developed by the City Engineer. In addition, the City may place a contingent assessment for such costs on the undeveloped property. PrQperty Ac~Wisition. The Agreement contemplated by this Resolution shall provide that to the extent property for the Public Facilities has not been required to be dedicated by and therefore must be acquired from the owners of property within the District, the date of valuation for such property shall be the date of adoption of this Resolution. Certifit~tion- The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of March, 1990. ITEM NO. 16 FINANCE OFFICER """~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: MEETING DATE SUBJECT: CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY JANUARY 23, 1991 JANUARY 29, 1991 COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) - APPROVAL OF THREE JOINT FINANCING AGREEMENTS ftECOMMEND,4 TION: That the City Council approve (a) the Joint Financing Agreement by and between the City and CFD No. 88-12; (b) the Joint Financing Agreement by and among the City, CFD No. 88-12, Eastern Municipal Water District and Tomond Property, and (c) the Joint Financing Agreement by and between the City and Tomond Property, in substantially the forms attached hereto with such changes and modifications as approved by the City Manager and the City Attorney; and authorize the execution and attestation of such agreements in their final forms by the Mayor and City Clerk. DISCUSSION: On September 26, 1989, the County of Riverside (the "County") established Community Facilities District No. 88-12 ("CFD No. 88-12") pursuant to the Mello-Roos Community Facilities District Act of 1982 (the "Act") to finance the acquisition and construction of certain public facilities including roadways, storm drain facilities, water and wastewater facilities and park and recreation facilities (the "Facilities"). The boundaries of CFD No. 88-12 lie within the boundaries of the City. On March 20, 1990, the City adopted Resolution No. 90-30, which stated the City's general support for CFD No. 88-12 and identified the Facilities whose acquisition or construction the City would support. On March 23, 1990, an election was held in which more than two-thirds of the votes cast approved of (a) CFD No. 88-12 incurring bonded indebtedness in an aggregate principal amount not to exceed $60,000,000 and (b) the levy of a special tax to pay, among other things, debt service on such bonds and administrative expenses of CFD No. 88-12. Agenda Report - CFD 88-12 Joint Financing Agreements Page 2 CFD No. 88-12 presently anticipates issuing the first series of such bonds in an estimated amount of $13 million with a closing in mid to late February. Certain of the Facilities are to be constructed by others on behalf of CFD No. 88-12 and owned by public entities other than CFD No. 88-12. Therefore, it is necessary to have joint financing agreements between these entities pursuant to Section 53316.2, 53316.4 and 53316.6 of the Act. These agreements, if approved, will become effective as of the date CFD No. 88-12 sells and issues the first series of bonds. A short summary of each of the attached joint financing agreements is set forth below. Road Facilities Agreement The first of the attached agreements is the "Joint Financing and Acquisition Agreement Between Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside and the City of Temecula" (the "Road Facilities Agreement") relating to the construction, acquisition and ownership of the following road facilities: acquisition of Solano Way, widening of Ynez Road, construction of Apricot Crossing, construction of freeway loops at I-15 and Rancho California and Winchester, and $2,000,000 for acquisition and development of a park site (see Exhibit B for a detailed listing of the improvements). Except for the acquisition of Solano Way, these Facilities will be constructed by the City as public works. The City is responsible for engineering design of the Facilities, as well as for administering the construction contracts, inspecting the Facilities during construction and preparing and executing a Notice of Completion for the finished Facilities. Costs incurred by the City prior to the sale of the first series of bonds will be paid from the proceeds of the initial series. All design, engineering, construction and administration costs for the City pursuant to the Road Facilities Agreement will be paid out of bond proceeds upon proper submission of a payment request form. On or before July 1 of each year, the City will submit to CFD No. 88-12 an itemized budget of expenses it estimates it will incur for the coming year, including costs to administer the Sales Tax Agreement. CFD No. 88-12 will cause such amount to be calculated into the Special Tax and the City will submit bills throughout the fiscal year to the Fiscal Agent for payment of expenses actually incurred. Upon completion of the construction and acceptance by the City of the Road Facilities, such facilities will be the sole and separate property of the City and will be operated, maintained and utilized by the City to serve the properties within CFD No. 88- 12. Agenda Report - CFD 88-12 Joint Financing Agreements Page 3 Sewer Fmdlities Agreement The second of the attached agreements is the "Joint Financing and Acquisition Agreement Among Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, Eastern Municipal Water District, the City of Temecula and Tomond Property, a California Limited Partnership" (the "Sewer Facilities Agreement") relating to the construction, acquisition and ownership of certain sewer facilities. Certain of the sewer facilities were constructed by Tomond Properties and, pursuant to the Sewer Facilities Agreement, will be acquired by CFD No. 88-12 from the proceeds of the bonds issued by CFD No. 88-12 on behalf of Eastern Municipal Water District (EMWD) and, upon conveyance of Such facilities, EMWD will maintain and own them. CFD No. 88-12 bonds will also pay for the design, engineering and construction of a sewer line west of Ynez and east of I-15. This facility will be constructed by the City as a public work and then conveyed to EMWD to own, operate and maintain. The City is responsible for the preparation, solicitation and award of the bids for the sewer facility. EMWD will approve the bid documents, inspect the construction of the sewer line, and approve change orders. Upon completion of the construction and acceptance by EMWD of the Sewer Facilities, such facilities will be the sole and separate property of EMWD and will be operated, maintained and utilized by EMWD to serve the properties within CFD No. 88-12. Prior to such acceptance, the City will be responsible for the maintenance of the Sewer Facilities to be constructed. Property Owner Agreement The third joint financing agreement is the "Joint Financing and Acquisition Agreement Between the City of Temecula and Tomond Property, a California Limited Partnership" (the "Property Owner Agreement"). Pursuant to the Road Facilities Agreement, Solano Way was constructed on behalf of CFD No. 88-12 for ownership by the City. By this Agreement, the City agrees to accept such Road Facilities upon receipt of recorded Notices of Completion from Tomond Property. Prior to such transfer, Tomond Property will be responsible for the maintenance of such facilities. Upon conveyance, the City will become the sole and separate owner of these Road Facilities and agrees to be responsible for the maintenance thereof. A TTA CHMENTS: The Joint Financing Agreement by and between the City and CFD No. 88-12; and The Joint Financing Agreement by and among the City, CFD No. 88-12, Eastern Municipal Water District and Tomond Property; and The Joint Financing Agreement by and between the City and Tomond Property. FISCAL IMPACT: All City costs to be reimbursed from CFD 88-12. JOINT FINANCING AGREEMENT BETWEEN COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA THIS JOINT FINANCING AGREEMENT (the "Agreement") is made and entered into as of February 1, 1991, by and between COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR), a legally constituted governmental entity organized and existing pursuant to Division 2, Part 1, Chapter 2.5 of Title 5 of the California Government Code (hereinafter "CFD No. 88-12") and the CITY OF TEMECULA, an incorporated municipality (hereinafter "C I TY" ) . RECITALS A. The owners of more than 10 (ten) percent of the property within the boundaries of CFD No. 88-12, as shown on Exhibit "A" which is attached hereto, filed an application and a written petition with the County of Riverside (the "County") to establish CFD No. 88-12 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance the acquisition and construction of certain public facilities hereinafter defined, including all incidental expenses to be incurred in connection therewith. B. The Board of Supervisors of the County (the "Board"), after determining said petition sufficient, adopted Resolution No. 89-390 (the "Resolution of Intention") and Resolution No. 89-391 on July 25, 1989 that respectively stated the Board's intention to form CFD No. 88-12 for the purpose of financing the construction and acquisition of certain enumerated public facilities and to incur bonded indebtedness in an aggregate principal amount not to exceed $60,000,000 to pay for the construction and acquisition of said facilities. Both Resolutions called for a noticed public hearing with regard to all matters regarding the formation of CFD No. 88-12 and the incurrence of bonded indebtedness. C. On August 29, 1989 the Board opened the public hearing and continued the hearing to September 26, 1989 at which time the hearing was closed. Upon closing said hearing, the Board adopted Resolution No. 89-449 (the "Resolution of Formation") establishing CFD No. 88-12, which has those boundaries as shown on Exhibit "A", and authorizing the levy of a special tax (the "Special Tax") within CFD No. 88-12 and Resolution No. 89-450 determining the necessity to incur bonded indebtedness. Both Resolutions called for a special election to be held as required by the Act. D. On November 7, 1989 the registered voters living within the proposed boundaries of the City of Temecula voted to incorporate. The effective date of said incorporation was December 1, 1989. The territory within CFD No. 88-12 is within the boundaries of the CITY. E. On January 9, 1990 the Board, acting in its capacity as the legislative body of CFD No. 88-12, adopted Resolution No. 90-46, amending Resolution No. 89-449, and Resolution No. 90-47, amending Resolution No. 89-450. Both amending Resolutions designated.March 23, 1990 as the date for the special election. F. The CITY adopted Resolution No. 90-30 on March 20, 1990 stating its general support for CFD No. 88-12 and identifying those public facilities whose acquisition or construction by CFD No. 88-12 it would support. G. On April 3, 1990 the Board canvassed the election results of the special election held on March 23, 1990, and determined that the qualified electors within CFD No. 88-12 voted by a majority in excess of two-thirds of the votes cast to approve CFD No. 88-12 incurring bonded indebtedness in an aggregate principal amount not to exceed $60,000,000 and the levy of the Special Tax to pay debt service on any bonded indebtedness incurred, to pay the administrative expenses of CFD No. 88-12, and to replenish any reserve fund established by CFD No. 88-12 to the extent allowed by the maximum rate of the Special Tax. H. The validity of the Special Tax and the issuance of bonds by CFD No. 88-12 was confirmed by a judgment entered in the Superior Court of the State of California in and for the County of Riverside on June 20, 1990 in the case of County of Riverside on Behalf of Community Facilities District No. 88-12 (Ynez Corridor) v. All Persons. etc., et al. (Case No. 204581). I. Certain of the public facilities to be acquired or constructed by the proceeds of bonds to be issued and sold by CFD No. 88-12 are, upon acquisition or construction, to be owned and maintained by the CITY. Those specific public facilities are enumerated and described in Exhibit "B" hereto, and by this reference incorporated herein, and shall be identified as the "Road Facilities". J. CFD No. 88-12 anticipates issuing and selling an initial series of bonds (the "Series 1991 Bonds") to pay for the acquisition of certain of the Road Facilities, as identified on Exhibit "B", and to pay for the design, engineering and construction of certain Road Facilities, as identified on Exhibit "B". It is presently anticipated by CFD No. 88-12 that one or more additional series of bonds will be sold to pay for the design, engineering and construction of additional Road Facilities, also identified on Exhibit "B". K. CFD No. 88-12 and the CITY desire to enter into this Agreement pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. Sale of Bonds and Use of Proceeds. CFD No. 88-12 shall proceed to issue and sell bonds in one or more series at such time and in such amounts as CFD No. 88-12, in its discretion after consultation with the CITY, may determine to be appropriate. The principal amount of any series shall include, but not be limited to, the costs of the public facilities to be acquired or constructed, a reasonable amount for underwriting fee, a bond reserve fund, capitalized interest, gross funded for a period determined appropriate by CFD No. 88-12, bond issuance costs and all such incidental costs as may be permitted by the Act and applicable law and approved by CFD No. 88-12. The amount of bonds to be sold in any series shall be determined in consultation with the CITY and will represent, in part, that amount which the CITY, in good faith, has determined can be expended within twenty-four (24) months of date on which bond proceeds would be available for the design, engineering, construction and acquisition of the Road Facilities. The proceeds from the sale of 4 any series of bonds shall be deposited, held, invested and reinvested as provided in a bond indenture or any supplement thereto, between CFD No. 88-12 and Security Pacific National Bank, as Fiscal Agent (the "Fiscal Agent"), or successor Fiscal Agent, regarding the particular series of bonds issued and sold by CFD No. 88-12. Resolution No. 91- providing for the issuance and sale of the Series 1991 Bonds approved a Bond Indenture (the "Indenture") between CFD No. 88-12 and the Fiscal Agent. 2. Sale of the Series 1991 Bonds. On or about February , 1991, CFD No. 88-12 shall offer the Series 1991 Bonds in the aggregate principal amount of $ for sale to Stone & Youngberg, or other underwriter acceptable to CFD No. 88-12, pursuant to the Act to fund the acquisition and construction of the Road Facilities as so identified in Exhibit "B". The proceeds of the Series 1991 Bonds are to be used for the purposes substantially set forth in the Receipts and Disbursement Schedule attached hereto as Exhibit "C" and by this reference incorporated herein. 3. Reimbursement to CFD No. 88-12 for Costs Incurred Prior to Sale of Bonds. CFD No. 88-12 is to receive one quarter of one (.0025) percent of the principal amount of any series of bonds issued and sold by CFD No. 88-12 to cover its costs incurred during the formation of CFD No. 88-12 and in preparing and coordi- nating the sale of each series of bonds. This amount represents all administrative, legal and other incidental expenses incurred by CFD No. 88-12 during the formation of the CFD No. 88-12 and prior to the issuance and sale of the Series 1991 Bonds. The amount is to be paid only from the proceeds of the bonds. 4. Reimbursement of Costs Incurred by CITY Prior to the Sale of the Series 1991 Bonds. On the date of delivery of the Series 1991 Bonds and receipt of the proceeds therefor, CFD No. 88-12 shall cause to be paid to the CITY from the Construction Account (the "Construction Account") of the Acquisition and Construction Fund established by the Indenture those amounts shown on Exhibit "D" hereto. Exhibit "D" lists those costs incurred or advanced by the CITY for the design and engineering of the Road Facilities and incidental costs related thereto, including legal and administrative expenses. 5. Reimbursement of Costs Incurred by Property Owners Prior to Sale of the Series 1991 Bonds. (a) CFD No. 88-12 and the CITY acknowledge that those property owners listed on Exhibit "E" hereto expended or advanced those amounts shown on Exhibit "E" for a special tax consultant, appraisal fees, and fees of other consultants employed in connection with the formation of CFD No. 88-12, the financing of the public facilities and the issuance of the Series 1991 Bonds. Those amounts shown on Exhibit "E" shall be paid to the persons or entities identified on Exhibit "E" from the Cost of Issuance Account (the "Cost of Issuance Account") of the Acquisition and Construction Fund established by the Indenture. (b) CFD No. 88-12 and the CITY acknowledge that those property owners listed on Exhibit "F" hereto expended or advanced those amounts shown on Exhibit "F" to pay for design and engineering costs associated with the Road Facilities. Those amounts shown on Exhibit "F" shall be paid to the persons or entities identified on Exhibit "F" from the Construction Account. 6 CITY represents to CFD No. 88-12 that these costs are included in the engineering and design costs shown on Exhibit "B". 6. Facilities to be Acquired. Certain of the Road Facilities, as identified on Exhibit "B", were substantially constructed by Tomond Properties, a California general partnership, prior to the adoption of the Resolution of Formation. Consistent with the Act and this Agreement, CFD No. 88-12 will acquire on behalf of the CITY and the CITY will accept said Road Facilities. CITY is to prepare those deeds or easements by which dedication or transfer of title to the CITY of the land or rights-of-way on and over the property on which said Road Facilities are constructed is to be made. Conveyance of title to the CITY of said Road Facilities shall be free of all liens and encumbrances except those easements and other matters of record that will not interfere with the use or maintenance of said Road Facilities. The price to be paid for each of the Road Facilities to be acquired is as shown on Exhibit "B". Upon transfer of title, the CITY will have the obligation to maintain such Road Facilities consistent with its procedures for the use and benefit of persons owning property, residing or working within the boundaries of CFD No. 88-12. 7. Acquisition and Development of a Park Site. (a) The CITY has not determined the site that it desires to acquire or develop with proceeds from the Series 1991 Bonds for use as a park. The CITY agrees that it will cause the park to be designated within two (2) years of the date on which CFD No. 88-12 sells the Series 1991 Bonds. The CITY further agrees that the park site will satisfy the following criteria as specified by the Act, the Resolution of Intention, Bond Counsel and Counsel to CFD No. 88-12: (1) The proceeds from the Series 1991 Bonds will be used to construct, purchase, expand, improve or rehabilitate real or other tangible property with the resulting park having an estimated useful life of five (5) years or longer. (2) The park will be located within CFD No. 88-12 or benefit persons owning real property or working or living within CFD No. 88-12, benefit to be determined by Bond Counsel and Counsel to CFD No. 88-12 consistent with applicable law. (3) The park will be owned, operated and maintained by the CITY. 8. Design and Engineerinq of Road Facilities to be Constructed. The CITY shall employ a properly qualified registered civil engineer (the "Design Engineer") to design and prepare detailed bid documents, construction plans, and specifications for the Road Facilities identified on Exhibit "B" that are to be constructed by the CITY. Upon submission by the CITY of a Payment Request Form (the "Payment Request Form") as specified by the Indenture to the Fiscal Agent and a'duplicate to CFD No. 88-12, proceeds in the Construction Account will be paid to the individuals or entities identified in the amounts specified to pay for the design and engineering costs, including any amounts necessary to reimburse the CITY for its administrative costs incurred in reviewing and approving the plans, specifications and bid documents. Each Payment Request Form submitted by the CITY 8 shall have a certificate attached thereto, signed by the designated representative of the CITY, in the form as shown in Exhibit "G" hereto. Failure on the part of the CITY to provide the duplicate Payment Request Form to CFD No. 88-12 at the time it submits the original to the Fiscal Agent will result in CFD No. 88-12 directing the Fiscal Agent to withhold any disbursement of bond proceeds from the Construction Account until notice is provided by CFD No. 88-12 that payment is to be made. Exhibit "B" provides an estimated budget for the design, engineering and construction of each of the Road Facilities. This budget has been prepared by engineers retained by the CITY and it is the responsibility of the CITY to function within the dollar costs set forth in Exhibit "B". CITY agrees to keep records of all funds received from the Construction Account and made available for the design, engineering, construction and acquisition of the Road Facilities. SuCh records shall be available for inspection by CFD No. 88-12 during business hours on reasonable notice. 9. Acquisition of Rights-of-WaV. CITY has full responsibility for securing all easements and rights-of-way required for the construction of the Road Facilities. 10. Solicitation of Bids. CITY shall solicit bids for the construction of the Road Facilities as public works contracts in compliance with the appropriate sections of the Act, the Public Contracts Code, the Government Code, and the Labor Code governing the solicitation of bids by a municipality. 11. Bid Awards. CITY shall award contracts for the Road Facilities as public works contracts in compliance with the Act and the applicable sections of the Public Contracts Code, the Government CQde and the Labor Code. The Road Facilities shall be constructed by a contractor or contractors licensed by the State of California (the "Contractor").. The Contractor shall be required to provide performance and payment bonds, each in a principal amount equal to 100% of the contract price, and to name both the CITY and CFD No. 88-12 and the employees, officers, directors, agents and consultants thereof as additional insureds under a comprehensive general liability insurance policy with coverage broad enough to include contractual obligations under such construction contract and in an amount not less than two million dollars ($2,000,000) per occurrence. The bid and contract documents shall include the bond and insurance requirements as set forth by mutual agreement of the CITY and CFD No. 88-12 at the time of advertising for bids, and said requirements shall not be less than those stated above. Prior to the award of any bid for a Road Facility, the CITY shall determine from CFD No. 88-12 that there are sufficient funds in the Construction Account to cover the award of the bid for the Road Facility. No award of a contract for a Road Facility shall be made unless funds, not otherwise committed by prior construction contracts, are available to cover the contract award, including a contingency amount equal to ten percent (10%) of the contract price and all costs for inspecting and administering said contract. Failure by the CITY to secure approval as to the availability of funds prior to the award of a contract will result in CFD No. 88-12 directing the Fiscal Agent not to honor any Payment Request Forms submitted for said contract until and unless 10 CFD No. 88-12 can determine that funds are available. 12. Construction of the Road Facilities. (a) Contract Administration. The CITY shall have responsibility for administering the construction contracts awarded for the Road Facilities. (b) Inspection. Inspection of the Road Facilities during construction shall be the responsibility of the CITY and its retained engineers. (c) Payment. Upon the CITY submitting a Payment Request Form to the Fiscal Agent, and a duplicate to CFD No. 88-12, payment will be made from proceeds in the Construction Account for work completed in the amounts and to the entities specified in the Payment Request Form. Failure on the part of CITY to provide the duplicate Payment Request Form to CFD No. 88-12 at the time it submits the original to the Fiscal Agent will result in CFD No. 88-12 directing the Fiscal Agent to withhold any disbursement of bond proceeds from the Construction Account until notice is provided by CFD No. 88-12 that payment is to be made. CITY is to have secured all appropriate labor and material releases prior to submitting the Payment Request Form. A certificate in the form of Exhibit "G" is to be attached to each Payment Request Form and executed by the designated representative of the CITY. (d) Change Orders. No change order may be approved by the CITY, with regard to a Road Facility, without receiving confirmation from CFD No. 88-12 that there are sufficient uncommitted funds in the Construction Account for such purposes. The CITY's representative may approve change orders in a cumulative total amount of $30,000 or 3% of the contract price of 11 each Road Facility, whichever is less, without receiving prior confirmation from CFD No. 88-12 of the availability of funds. 13. Completion of Construction. The CITY shall prepare and execute a Notice of Completion as to each of the Road Facilities, record said Notice with the Office of the Recorder of the County of Riverside, State of California, and cause the Contractor and all subcontractors to provide lien and material releases with respect thereto. The CITY shall provide copies of each said Notice and all releases to CFD No. 88-12 14. Administrative Costs. (a) Construction. All administrative costs of the CITY, which may include but are not limited to the reasonable costs of preparing the bid documents, all fees and costs incurred in obtaining permits, licenses, rights-of-way or easements, and engineering, legal, fiscal, inspection fees and land acquisition costs, are provided for in Exhibit "B". The parties recognize that the amount of such costs may subsequently increase prior to the completion of construction of the Road Facilities. The CITY shall prepare a Payment Request Form and appropriate certificate, and submit said Form to the Fiscal Agent and a duplicate to CFD No. 88-12 for the reasonable administrative costs actually incurred by the CITY pursuant to this Agreement. Failure on the part of CITY to provide the duplicate Payment Request Form to CFD No. 88-12 at the time it submits the original to the Fiscal Agent will result in CFD No. 88-12 directing the Fiscal Agent to withhold any disbursement of bond proceeds from the Construction Account until notice is provided by CFD No. 88-12 that payment is to be made. A certificate in the form of Exhibit "G" is to be 12 attached to each Payment Request Form and executed by the designated representative of the CITY. (b) On Going. CITY has entered into an agreement(s) with many of the property owners within the boundary of CFD No. 88-12. The agreement provides that the CITY will make a portion of sales and use tax revenue generated from the property owners' holdings with CFD No. 88-12 available to the property owner to off set their Special Tax obligation. On or before June 1 of each calendar year, the CITY shall submit to CFD No. 88-12 an itemized budget of expenses it estimates it will incur during the ensuing fiscal year to administer said agreements and for any administrative expenses associated with CFD No. 88-12. CFD No. 88-12 shall cause said amount to be included in its calculation of administrative expenses to be collected through the Special Tax and deposited in the Administrative Expense Fund created by the Indenture. The CITY shall submit billings throughout the fiscal year for such expenses actually incurred and CFD No. 88-12 will cause the appropriate Payment Request Form to be prepared and submitted to the Fiscal Agent. 15. Use of Funds. The CITY shall use all funds received from CFD No. 88-12 exclusively for the payment of the design, engineering, construction and acquisition costs of the Road Facilities, except as otherwise provided in this Agreement. The CITY shall strictly account for the expenditure of such funds according to accepted accounting practices for public agencies and shall report all receipts and disbursements to CFD No. 88-12 upon reasonable request by CFD no. 88-12. It is the intention of the parties that the CITY shall receive payment of bond proceeds only 13 in connection with the Payment Request Form for costs and expenses paid or incurred, including, without limitation, any amounts owing under any construction contract entered into by the CITY for the Road Facilities. CITY shall provide CFD No. 88-12 with a complete accounting showing expenditure of the funds received from CFD No. 88-12. The accounting may be subject to independent audit at the expense of CFD No. 88-12 to determine whether the CITY's methods of reporting, accounting and control are in compliance with the requirements of this Agreement. CFD No. 88-12 shall account for, deposit, invest and reinvest bond proceeds in the manner required by the Indenture. 16. Use of the Road Facilities. Upon completion of construction and acceptance by the CITY of the Road Facilities, said facilities shall be and remain the sole and separate property of the CITY. The Road Facilities shall be operated, maintained and utilized by the CITY to serve the properties within CFD No. 88-12 and other lands pursuant to applicable rules, regulations, policies and procedures of the CITY. 17. Improvement Security. Any Road Facility, or portion thereof, for which the Series 1991 Bonds have been sold shall not be the subject of a subdivision improvement bond or other security requirement pursuant to Government Code Section 66499 to the extent that subdivision requirements are satisfied by available bond proceeds. 18. Tax for Debt Service. Upon sale and delivery of the Series 1991 Bonds, the Board, as the legislative body of CFD No. 88-12, shall annually levy the Special Tax as provided for in the formation proceedings for CFD No. 88-12 authorizing the levy of 14 such Special Tax and the sale and issuance of the Series 1991 Bonds. The entire amount of the Special Tax annually levied shall be allocated to CFD No. 88-12. 19. Capitalized Interest. CFD No. 88-12 agrees that funds equal to (__) months of capitalized interest, as provided by the Indenture, shall be deposited in the Capitalized Interest Account of the Acquisition and Construction Fund established by the Indenture to pay interest on the Series 1991 Bonds. Said Account shall be depleted before any Special Taxes are applied to debt service on the Series 1991 Bonds. 20. Indemnification. The CITY shall assume the defense of, indemnify and hold harmless CFD No. 88-12 and its respective officers, employees, agents, and consultants, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, (i) the actions of CITY pursuant to this Agreement and (ii) the design, engineering, and construction of the Road Facilities as shown on Table 2 of Exhibit B; provided that nothing in this paragraph shall limit, in any manner, CFD No. 88-12's rights against any of CITY's contractors, architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility of CITY for payment of damages resulting from its own operations, including but not limited to design liability for the Road Facilities, or the operations of any of its contractors, agents or employees. CFD No. 88-12 shall assume the defense of, protect, indemnify and hold harmless the CITY and its respective officers, 15 employees, agents, and consultants and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions of CFD No. 88-12 taken in the performance of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of CFD No. 88-12 for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. 21. Effective Date and Termination. This Agreement shall become effective and of full force and effect as of the date (the "Effective Date") on which CFD No. 88-12 sells and issues the Series 1991 Bonds. Should CFD No. 88-12 not sell the Series 1991 Bonds, this Agreement shall terminate and be of no further force and effect. 22. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party or other person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post Office, registered or certified, postage prepaid, addressed as follows: 16 CITY: Fiscal Agent: CFD No. 88-12: City Manager City of Temecula 27403 Ynez Road, Suite 109 Temecula, California 92390 Security Pacific National Bank 333 South Beaudry Avenue (W24-30) Los Angeles, California 90017 Community Facilities District No. 88-12 County of Riverside c/o Administrative Office 4080 Lemon Street, 12th Floor Riverside, California 92501 Attn: Community Facilities District Administrator Each party can change its address for delivery of notice by delivering written notice of such change of address to the other party within twenty (20) days of such change. 23. CITY's DesiGnated Representative. The CITY hereby designates the City Manager, or his/her designee(s), as the Designated Representative for purpose of executing all Payment Request Forms submitted to the Fiscal Agent. 24. Captions. Captions to Sections of this Agreement are for convenience only and are not part of this Agreement. 25. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement. 26. Entire AGreement. This Agreement contains the entire agreement between the parties with respect to the matters provided herein. 17 27. Amendments. This Agreement may be amended only by a subsequent written agreement signed by all of the parties. 28. Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference: Exhibit Description "A" Map of CFD No. 88-12 Boundaries "B" Road Facilities and Budget "C" Receipts and Disbursement Schedule "D" Costs to be Reimbursed City "E" Formation Costs to be Reimbursed Property Owners "F" Design and Engineering Costs to be Reimbursed Property Owners "G" Certificate of City 29. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE By: Chairman of the Board of Supervisors, Ex Officio the Legislative Body of Community Facilities District No. 88-12 of the County of Riverside 18 DATE: ATTEST: , 1991 By: Clerk of the Board of Supervisors, Ex Officio the Legislative Body of Community Facilities District No. 88-12 of the County of Riverside CITY OF TEMECULA DATE: ATTEST: , 1991 By: Mayor By: City Clerk Approved as to form: By City Attorney TJD:ay/db 1/22/91 274a 19 ll-JAN-1991 EXHIBIT "B" SERIES I BONDS DESCRIPTION OF FACILITIES COST AND BUDGETS COUNTY OF RIVERSIDE COMMUNITY FACILITIES DISTRICT 88-12 YNEZ ROAD CORRIDOR CITY OF TEMECULA ACQUISITION IMPROVEMENTS (Table 1) STREET FACILITIES STREET LIGHTS & UTILITIES GRADING & LANDSCAPING $767,520.65 $259,040.06 $149,196.63 PARK SITE ACQUISITION $2,000,000.00 YNEZ ROAD WIDENING - CONSTRUCTION ESTIM~.TE (Table 2) $5,329,908.00 (a) SUBTOTAL INCIDENTAL COSTS DESIGN PHASE SERVICES Engineering - Ynez, Apricot, Winchester, & Rancho CA Plan Check - Ynez and Apricot City Administration - Ynez, Apricot, Winchester, & Rancho CA $8,505,665.57 $2,451,376.00 (b) $453,066.00 (c) $473,348.00 (d) (h) CONSTRUCTION PHASE SERVICES - Ynez only Construction Management Construction Inspection Construction Surveys Construction Soils Testing SUBTOTAL $3,377,790.00 $79,949.00 (d) $173,222.00 (c) $239,846.00 (e) $159,897.00 (f) SUBTOTAL $652,914.00 GRAND TOTAL (SERIES I) $12,536,369.57 (g) (a) (b) (c) (d) (e) (f) (g) (h) Estimated Costs based on preliminary plans with 20% contingencies Per agreement between City of Temecula and J. F. Davidson Associates plus 10% Budget Amount estimated at 3.25% of Construction Estimate for indicated projects Budget Amount estimated at 1.50% of Construction Estimate for indicated projects Budget Amount estimated at 4.50% of Construction Estimate for indicated projects Budget Amount estimated at 3.00% of Construction Estimate for indicated projects DOES NOT INCLUDE FINANCING COSTS Includes costs for work performed by others prior to bond sale Kunzman and Associates Douglas Ford and Assoc Burke, Williams, and Sorenson City Expenses (Dixon, Henry, etc) Tomac Willdan and Associates Max Gillis as of 12/10/90: $14,800.00 $12,210.00 $7,854.98 $10,017.42 $9,250.00 $25,000.00 $9,244.00 lI-JAN-~991 PAGE TABLE 1: Acquisition Impro~ents ITZM NO ITEN DESCRIPTIONS ~IN4TITY UNIT STKEET FACILITIES COST 1 Removal of 77,385 S.F. 1 LS 2 Sub~rada - hZance & Cc~act 77,385 SF 3 ,28 AC Over .89 Class II has 77,365 SF 4 Fog Seal 77,385 SF 5 Curb & Cross Gutter & Spandrel Grade v/6aBase 1 LS 6 T3q~e cA" Curb & Gutter 1,760 LF ? Cross Gutter & Spanc~el 2,261 SF 8 Sidewalk Grade 1 LS 9 Reflectors Type 'F' 1 LS 10 Removal - Extra 1 LS il Increased Section to .36 AC Over .90 Class II 1 LS 12 Traffic Con~rol - Extra 1 LS 13 AC & Base - Ex=ra 1 LS 14 743 Ton Class II Base 1 LS 15 Dump Truck 14 HR 16 966 Haul 14 Loads 1 LS 17 6' Sidewalk w/Ramps 11,880 SF 18 24' RCP 490 LF 19 18e RCP 247 LF 20 14' Catch Basin I EA 21 10' Catch Basin i EA 22 28' Catch basin 1 EA 23 el ~anhole 1 ZA 24 Pip Rap 1 LS 25 cut & Remove Concre=e 16 LF 26 laborer w/Truck &Tools 28 HR 27 416 Backhoe 7 HR 28 P~astic Ce~en= 5 EA 29 One Ton Truck & Equipment 5 HR 30 500c Backh~e 8 HR 31 P~p~ & Materials 1 LS 32 3/4e Condult, 100 F~:. Trench & Backfill for 110 Power to Padsscala 1 LS 33 Traffic Control 1 LS 34 24m RCP Class IV 10 LF 35 54m P. CP Class IV 168 LF 36 54' P,C:P C/ass IV 469 LF 37 Manhole 14 1 EA 38 Manhole tl 1 EA 39 Headwall D-88B 1 rJt 40 Headwall w/Cutoff Mall ' I ZA 41 Brick & Mortar Plug 1 ZA 42 rarth Channel 40 LF 43 A.C. Paving 45 TON $35,500.00 $35,500.00 40.10 S7,738.50 $1.19 S92,068.15 20.02 $1,547.70 53,700.00 53,700.00 $6.50 $11,440.00 S2.75 S6,217.75 $800.00 S800.00 S200.00 S200,O0 55,500.00 aS,S00.00 $13,766.00 $13,766.00 46,754.00 S6,754.00 $8,700.00 se,?o0.00 $5,201.00 $5,201.00 $50.00 S700.00 S1,120.00 $1,120.00 22.00 S23,760.00 $39.37 $19,291.30 433.00 S8,151.00 23,600.00 S3,600.00 44,000.00 S4,000.00 $5,750.00 $5,750.00 82,400.00 52,400.00 $500.00 S500.00 $11.00 5176.00 S30.00 S840.00 465.00 $455.00 $7.00 $35.00 $25.00 5125.00 S65.00 S520.00 255.10 $55.10 2565.00 5565,00 42,500.00 12,500.00 539,30 S393,00 8118.00 S19,824.00 594.00 $44,086.00 25,100.00 S5,100.00 22,400.00 S2,400.00 213,700.00 $13,700.00 24,100.00 24,100.00 5200.00 $200.00 lt,50 8380.00 868,00 53,060,00 TABLE lz Acquisition Improvements ITEM IT,ll DZSC!I~PTZONS 44 54" RCP Class IV 45 Labor 46 Hoe 54' Crossing Slurry 48 18" RCP 49 18' Stabout 50 Concrete Bedwalls 51 Concrete Apron 52 RCB A0 · 5 53 Pamove Existing Headwall 54 Pamove Exlsnlng Wingwail 55 rwcavation 56 Rip Rap 57 Asphalt for RCB Crossing 58 Traffic Control 59 Rackfill Concrece Box Culvert 60 Base Material 61 Pip Rap 62 Waterline Run 63 Pabutld Slope Box Culvert 64 Bookfill 65 Box Culvert 66 450 Dozer 67 416 Backhoe 68 Backhoe PRICE COST .... $118.00 $4,366.00 $30.00 $180.00 $65.00 $130.00 $29.15 S6,617.05 sITEMS 48-58 $158,025.00 · ITEMS 59-61 $11,412.76 eITEM5 62-64 $4,127.00 $13,452.66 $13,452.66 $65,00 $130.00 $65.00 S130.00 265.00 2195.00 SUBTOTAL 2565,704.97 1 EnginesFin9 2 Consultants 3 Testing & Studies 4 Project Administration 5 Supervision 6 Letter of CrecLtt Fees 7 Staking 1 LS 142,039.84 s42,039.84 1 LS S20,730.03 S20,730.03 I LS $22,717.97 S22,717.97 1 LS $61,514.16 261,514.16 I LS $8,711.24 $8,711.24 1 I~S 122,796.96 S22,796.96 I LS 223,305.48 $23,305.48 IDatOTAL 1201,815.68 SUBTOTAL STREET FACILITIES & INCIDENTALS S767,520.65 TABLE l z Acquisition Zmprov~ments ITEM NO ITEM DF. SCRIPTIONS (RIANTXTY UNIT UNIT PRICE COST STREET LIGHTS & UTILITIES I Trenching 2 5m Condulr 3 4" Condult 4 3' Conduit 5 2" Conduit 6 5'xlO'6x7 P~ 7 8x10 Slab Box 8 '3xnx4 PB 9 4'x4'6n Trans Pad 10 13'x24'x12' HH 11 11=X17'X12" HH 12 Trenching No~ Join~ 13 4' GT-80 Conduit 14 5'x10'6'x6' ~ 15 3'x4'xn' PB 18 Portable Toilet 17 Portable Tollet 18 Installation of Detector 19 Labor 20 Truck & Tools 21 Mist. Copper Fitting & Pipe 22 C'I'E Manhole 23 416 Backhoe 24 Pipe 25 laborers w/Truck & Tools 26 1-Ton Truck w/Tools 27 Water Truck 28 Steadby Welder 29 Special Tee w/Tools 30 500C Backhoe 31 Air Compressor 32 Remove Top 8'x10' Slab Box 33 Materials 34 Rancho listor ~h~rge 36 GTE Relocate Lines 37 Jeancho Mater Mater Deposit 38 r~. Ca. Edison Ch&rge 39 Bo. Ca. Edison Deposit 40 ~TE Charge 41 Inspection for Rtep Sewer 42 PP Inspection riling Tee 43 r~alMapChecking Fee 44 Rancho Mater Inspection Fee 45 Eastern District Inspect. Fee 46 Grading Review 3,114 LF 4,000 LF 335 LF 1,260 LF 400 LF 1 EA 1 EA 2 EA 1 EA 4 EA I EA 350 LF 8,652 LF 5 EA 1 EA 9 EA 1 EA 1 LS 3 HR 3 HR 1 LS I LS 17 HR 180 LF 37 HR 9 HR 2 HR I EA 16 HR ? HR I LS I LS I LS 1 LS 1 LS 3 EA 1 LS I LS 1 LS I LS I LS I LS 1 LS I LS I LS S3.45 $4.60 $4.40 $3.45 S2.35 S4,400.00 $2,525.00 $1,610.00 $665.00 $175.00 S110.00 $3.45 $3.51 $4,431.00 S2,050.00 $57.20 257.30 Sl,680.00 $30.00 S20.00 S12.90 $6,966.00 S65.00 12.40 S30.O0 825.00 850.00 245.00 S485.48 $65.00 $15.00 2561.00 2963.00 27,771.29 $1,432.00 $14,421.00 2750.00 28,333.68 24,203.84 81,527.94 $24,860.00 $45.00 $1,828.25 1600.00 2750.00 8165.00 S10,743.30 S18,400.00 Sl,474.00 $4,347.00 S940.00 S4,400.00 S2,525]00 $665.00 S700.O0 $110.00 $1,207.50 S30,368.52 S22,155.00 S2,050.00 S514.80 $57.30 51,680.00 $90.00 S60.00 $12.90 S6,966.00 $1,105.00 2432.00 S1,635.00 2912.50 S450.00 Sg0.O0 S485~48 $1,040.00 S97.50 2561.00 S963.00 S7,771.29 $1,432.00 S14,421.00 S2,250.00 S8,333.68 $4,203.84 $1,527.94 $14,457.79 245.00 S1,628.25 S600.00 2750.00 S165.00 ~ABLE 1: Acquisition Zmprovwm~nts ITDi UNIT NO ITDIDESCRIPTIONS G~ANTITYUNIT PRICE 47 Etverside County Fee 1 LS $400.00 48 attverside County Inspection I LS $2?,749.00 49 PM 23354 Fee I LS 215.00 50 Dept Fish & Game Fee i LS 2125.00 51 Riverside County Fee I LS 2115.00 COST ...... S400.00 S27,749.00 $15.00 $125.00 S115.00 S206,647.59 INCIDENTALS · n;ineering 1 LS S10,770.18 S10,770.18 Consultants 1 LS $5,636.88 s~,636.88 Testing & Studies I LS 25,598.94 S5,S98.94 Project Administration 1 LS S16,068.36 $16,068.36 Supervision 1 LS S2,275.50 $2,275.50 Letter of Credit Fees I LS $5,954.89 $5,954.89 Staking I LS $6,087.72 S6,087.72 SUBTOTAL S52,392.47 SUBTOTAL STREET LIGHTS & UTILITIES S259,040.06 ll-JAN-1991 PJ~'E 5 ~ABLE 1: Acq~lstr, lon llprovi~n=s ITS4 X~IT NO ITD4 DESCRIPTIONS QUANTITY UNIT PRICZ COST GI~DING 1 RDU~h Grade 1 LS $87,087.00 I87,087.00 SL.~TOTA.T, $87,087.00 LANDSCAP ING 2 Landscaping 1 LS $40,771.85 $40,771.85 3 Grading & Landscape Prep. 1 LS S20,133.00 S20,133.00 4 Landscape Archi=ec=ure i LF S402.83 $402.83 5 Pinus Canarlensls I EA $114.00 S114.00 6 PlanTanus Acerifolia 6 EA $106.50 $639.00 7 Sales Tax I LS $48.95 $48.95 SUBTOTAL 562,109.63 SUBTOTAL GRADING AND LANDSCAPING S149,196.63 GRkND TOTAL $1,175,757.34 TABLE 2: CONSTRUCTION ESTIMATE YMEZ ROAD WIDENING - Rancho CaLifornia to South Property Line of Palm Plaza ]TEN ESTIMATED UNIT ESTIMATED NO ITEM DESCRIPTIONS OUANTITY UNIT COST TOTAL 1 AsphaLt Concrete Removal 14,800 $F $2.00 $Z9,600.00 2 Concrete Curb & Gutter Reffevat 7,300 LF S5.00 $36,500.00 3 Ex, SidewaLk Removal 16,000 $F S2.00 $32,000.00 4 Ex, Chain Link Fence Removal 1,100 LF $2.00 $2,200.00 5 ReLocate Various St. Signs 15 EA S200.00 $3,000.00 6 ReLocate Guy PoLes 7 EA $10,000.00 $70,000.00 7 ReLocate P, PoLes (110 K.V.) 31 EA $10,000.00 $310,000.00 8 ReLocate P, PoLes (Smart) 4 EA $5,000.00 $ZO,O00,O0 9 ReLocate Ex. St, Lights 8 EA !~,000.00 $16,000,00 10 ReLocate Ex, $CE Box 6 EA $500,00 $3,000.00 11 Relocate Ex, SCE Vault 1 EA $3,000.00 $3,000.00 12 ReLocate Ex. GTE Box 13 EA $500,00 $45,500.00 13 ReLocate Ex. GTE VauLt 3 EA $3,000.00 $9,000.00 14 Earthwork (Roadway Excavation) 60,000 CY $5.00 $300,000.00 15 Over Ex. Compaction 60,000 CY $10.00 $600,000.00 16 Base Material 31,000 CY $12.00 $372,000.00 17 Construct 4'* AC/Seal over lZ' AB Z5,O00 TON $37.00 18 Construct 6" Curb & Gutter 15,000 LF $12.00 S180,000.00 19 Construct 6" Curb 15,000 LF $10.00 $150,000.00 20 Construct Concrete Sidewalk 90,000 SF $3.50 $315,000.00 21 Construct Access Ramp 2G EA $600.00 Z2 Construct 10' Cross Gutters 8,600 SF $4.00 $:r~,400.00 23 Construct Concrete Dr. Approach 3,600 SF $3.00 $10,800.00 2~ Construct Std. Lights 30 EA $3,000.00 $90,000.00 25 Utility Trenches 7,500 LF $/,.00 $30,000.00 26 COnstruct Retaining Walls 4,000 SF S15.00 $60,000.00 27 Landscaping & Irrigation 1 LS S100,000.00 S100,000.00 28 Remove Existing 12, C:MP 140 LF S16.00 $2,2~0.00 29 Remove Existing 18" CJ4P 70 LF $35.00 30 Remove Existing 24" CNP 175 LF $~0.00 $7,000.00 31 Remove Existing 48" CNP 60 LF $75.00 $~,500,00 32 Remove Ex. 3' C, Basins 2 EA $1,500.00 $3,000.00 33 Remove Ex, 12" Oversized Drain 1 EA $1,500.00 $1,500.00 ~4 Extend Ex. TripLe Barrel RCB 1 LS $80,000.00 $80,000.00 35 Modify Ex, Catch Basins 2 EA $3,000.00 $6,000.00 36 Construct 7' Catch Basins 2 EA $5,000.00 $10,000.00 37 Construct 1~' Catch Basins 4 EA $8,000.00 $32,000.00 38 Construct :56" RCP 1,300 LF $65.00 $8~,500.00 39 Construct S.O. NanhoLes 4 EA $7,500.00 $30,000.00 40 Construct JunctiOn Structures 3 EA $3,200.00 $'9,600.00 41 ReLocate Ex. F.H. 20 EA Sl,800.00 42 ReLocate Ex. Watermeter 10 EA $1,500.00 515,000.00 43 ReLocate Ex. 2" AV/AR 10 EA $1,500.00 $15,000.00 ~z, Adjust VaLve to Grade 30 EA $500.00 $15,000.00 45 Water Line Removal 1,200 LF $32.00 S.X8,400.00 46 20" CNL & C Line Reconstruction 1,200 LF $65.00 $78,000.00 47 Adjust Bauer N.N. To Grade 4 EA $500.00 $2,000.00 48 Signing & Striping 1 L$ $47,000.00 $47,000.00 49 IntersectiOn $ignatization 1 LS $200,000.00 S200,000.00 SUBTOTAL $4,~1,590.00 ~O~CCONTINGENCY $888,318.00 lO-JAN-1991 TOTAL $5,329,908.00 EXHIBIT "B" - continued SERIES II BONDS DESCRIPTION OF FACILITIES COST AND BUDGETS COUNTY OF RIVERSIDE COMMUNITY FACILITIES DISTRICT 88-12 YNEZ ROAD CORRIDOR CITY OF TEMECULA 11-JAN-1991 APRICOT OVERCROSSING @ 1-15 - CONSTRUCTION ESTIMATE APRICOT OVERCROSSING - RIGHT-OF-WAY COST ESTIMATE $8,390,743.00 (a) $2,379,000.00 (b) INCIDENTAL COSTS CONSTRUCTION PHASE SERVICES - Aprico~ only Construction Management Construction Inspection Construction Surveys Construction Soils Testing SUBTOTAL $10,769,743.00 $125,861.00 (d) $272,699.00 (c) $377,583.00 (e) $251,722.00 (f) SUBTOTAL $1,027,865.00 (a) (b) (c) (d) (e) (f) (g) GRAND TOTAL (SERIES II) $11,797,608.00 (g) Estimated Costs based on preliminary plans with 20% contingencies Based on 3.9 acres at $610,000 / acre Budget Amount estimated at 3.25% of Construction Estimate for indicated projects Budget Amount estimated at 1.50% of Construction Estimate for indicated projects Budget Amount estimated at 4.50% of Construction Estimate for indicated projects Budget Amount estimated at 3.00% of Construction Estimate for indicated projects DOES NOT INCLUDE FINANCING COSTS EXHIBIT nB" - continued SERIES III BONDS DESCRIPTION OF FACILITIES COST AND BUDGETS COUNTY OF RIVERSIDE COMMUNITY FACILITIES DISTRICT 88-12 YNEZ ROAD CORRIDOR CITY OF TEMECULA 11-JAN-1991 WINCHESTER ROAD INTERCHANGE @ 1-15 - CQNSTRUCTION ESTIMATE RANCHO CALIF. INTERCHANGE @ 1-15 - CONSTRUCTION ESTIMATE $5,985,000.00 (a) $5,739,300.00 (a) SUBTOTAL $11,724,300.00 RIGHT-OF-WAY ACQUISITION Winchester Road Interchange - 1.8 acres @ $700,000 / acre Rancho CA Interchange - 1.8 acres @ $700,000 / acre $1,260,000.00 $1,260,000.00 SUBTOTAL $2,520,000.00 INCIDENTAL COSTS DESIGN'PHASE SERVICES Plan Check - Winchester and Rancho California $381,040.00 (c) CONSTRUCTION PHASE SERVICES - Winchester & Rancho CA Construction Management Construction Inspection Construction Surveys Construction Soils Testing $175,865.00 (d) $381,040.00 (c) $527,594.00 (e) $351,729.00 (f) SUBTOTAL $1,817,268.00 GRAND TOTAL (SERIES III) $16,061,568.00 (g) (a) (c) (d) (e) (f) (g) Estimated Costs based on preliminary plans with 20% contingencies Budget Amount est{m~ted at 3.25% of Construction Estimate for indicated projects Budget Amount est{msted at 1.50% of Construction Estimate for indicated projects Budget Amount estimated at 4.50% of Construction Estimate for indicated projects Budget Amount est{m~ted at 3.00% of Construction Estimate for indicated projects DOES NOT INCLUDE FINANCING COSTS THIS EXHIBIT B SUGGESTS THE ORDER OF CONSTRUCTION OF THE PUBLIC FACILITIES AS GROUPED BY SERIES. HOWEVER, SUCH ORDER AND GROUPING MAY BE MODIFIED IF THE TIMING OF THE CONSTRUCTION OF A PUBLIC FACILITY WARRANTS SUCH MODIFICATION AND THE SIZING OF SUCH SERIES CAN BE ACCOMODATED. JOINT FINANCING AND ACQUISITION AGREEMENT AMONG COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR), EASTERN MUNICIPAL WATER DISTRICT, THE CITY OF TEMECULA AND TOMOND PROPERTY, A CALIFORNIA LIMITED PARTNERSHIP THIS JOINT FINANCING AND ACQUISITION AGREEMENT (the "Agreement") is made and entered into as of February 1, 1991 by and between COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR), a legally constituted governmental entity organized and existing pursuant to Division 2, Part 1, Chapter 2.5 of Title 5 of the California Government Code (hereinafter "CFD No. 88-12"), EASTERN MUNICIPAL WATER DISTRICT, a public agency organized and existing pursuant to Division 20 of the California Water Code (hereinafter "EMWD"), the CITY OF TEMECULA, an incorporated municipality (hereinafter "CITY"), and TOMOND PROPERTIES, a California general partnership, (hereinafter "Property Owner"). RECITALS A. The Board of Supervisors (the "Board") of the County of Riverside (the "County") adopted Resolution No. 89-449 (the "Resolution of Formation") on September 26, 1989 completing proceedings for the formation of CFD No. 88-12 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (hereinafter the "Act") as shown on the boundary map attached hereto as Exhibit "A". CFD No. 88-12 was formed to provide financing for the acquisition and constru6tion of certain public facilities which include certain sewer facilities to be owned and maintained by EMWD (the "EMWD Facilities") as enumerated in Exhibit "B" which is attached hereto and incorporated herein. B. On November 7, 1989 the registered voters living within the proposed boundaries of the City of Temecula voted to incorporate. The effective date of said incorporation was December 1, 1989. The territory within CFD No. 88-12 is within the boundaries of the CITY. The CITY adopted Resolution No. 90-30 on March 20, 1990 stating its general support for CFD No. 88-12 and identifying those public facilities whose acquisition or construction by CFD No. 88-12 it would support, including the EMWD Facilities. C. The proceedings to establish CFD No. 88-12 included a special election wherein the qualified electors authorized bonded indebtedness in an aggregate principal amount not to exceed $60,000,000 and authorized an annual levy of a special tax (the "Special Tax") within CFD No. 88-12 to fund debt service on bonded indebtedness incurred. D. Property Owner, prior to the adoption of Resolution of Formation, constructed certain of the EMWD Facilities (as shown on Table 1 to Exhibit "B") , which had been identified in Resolution No. 90-390 (the "Resolution of Intention"), adopted by the Board on July 25, 1989, as facilities that CFD No. 88-12 would acquire on behalf of EMWD consistent with the appropriate sections of the Act. E. Prior to the construction of the EMWD Facilities to be acquired, EMWD reviewed and approved the plans and specifications for the construction of said EMWD Facilities and inspected said facilities during the course of their construction. Property Owner and EMWD have entered into a 2 Memorandum of Understanding for Temporary Utility Services, a copy of which is attached hereto, marked as Exhibit "C" (the "Maintenance Agreement"). F. CFD No. 88-12 presently anticipates the issuance'and sale of its Series 1991 Bonds (the "Series 1991 Bonds") in the principal amount of $ on February __, 1991. The proceeds of the Series 1991 Bonds will be used, in part, to acquire and construct the EMWD Facilities on behalf of EMWD. G. Pursuant to a Joint Financing Agreement between CFD No. 88-12 and the CITY, dated February 1, 1991, CITY is to construct certain road facilities (the "Road Facilities"), the design, engineering, and construction of which is to be paid from the proceeds of the Series 1991 Bonds. The construction of certain of the EMWD Facilities (as shown on Table 2 to Exhibit "B") is necessitated in association with the construction of the Road Facilities. Attached hereto marked as Exhibit "D" is a full true and correct copy of said Joint Financing Agreement (the "City Agreement"). H. CFD No. 88-12 and EMWD and the CITY desire to enter into this Agreement pursuant to Section 53316.2, 53316.4 and 53316.6 of the Act. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows. 1. Sale of the Series 1991 Bonds and Use of the Proceeds. CFD No. 88-12 will proceed with the issuance and sale of the Series 1991 Bonds at such time and in such amount as CFD No. 88-12, in its discretion after consultation with the CITY, 3 may determine is appropriate. The proceeds of the Series 1991 Bonds will be used, in part, to acquire and construct, on behalf of EMWD, the EMWD Facilities for the dollar amounts shown on Exhibit "B". 2. Constructed. DesiGn and Construction of the EMWD Facilities to be The EMWD Facilities to be constructed (as shown on Table 2 to Exhibit "B") are to be designed and engineered by registered and licensed civil engineers retained by the CITY. The EMWD Facilities to be constructed shall be constructed consistent with the procedures set forth in this Agreement. The costs of the design.and construction of said facilities, including the administrative and legal costs, shall be paid by CFD No. 88-12 from the proceeds of the sale of the Series 1991 Bonds in accordance with this Agreement. All contracts for the construction of said EMWD Facilities shall be awarded and administered by the CITY consistent with the appropriate sections of this Agreement and consistent with the provisions of Exhibit "D" and as public works projects consistent with the applicable sections of the California Public Contracts Code. The contractor or contractors who will construct said EMWD Facilities, or any portion thereof, shall be required to provide performance and payment Bonds, each' in a principal amount equal to 100% of the contract price and naming both EMWD and CFD No. 88-12 as obligees. Said contractor or contractors shall also be required to name CFD No. 88-12 and EMWD, and the employees, officers, directors, agents and consultants thereof as additional insureds under a policy of general liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence. The bid and contract 4 documents shall include the bond and insurance requirements as set forth by mutual agreement of CFD No. 88-12, EMWD, the CITY and the County at the time of advertising for bids and said requirements shall not be less than those stated above. 3. DesiGn and Construction Budget. Table 2 to Exhibit "B" sets forth the budget for the design, engineering and construction of the EMWD Facilities to be constructed. In addition to the cost of engineering and design, specification and bid preparation, and the construction of said EMWD Facilities, such costs may include, without limitation, the estimated costs of permits, licenses, easements, land, engineering, inspection and legal fees, construction contingency and a share of EMWD's, CFD No. 88-12's, the CITY's and County's general and administrative costs reasonably devoted to the design, approval and inspection of said EMWD Facilities. 4. Engineering and Design of the EMWD Facilities to be Constructed. The CITY shall employ a properly qualified registered civil engineer (the "Design Engineer") to design and prepare detailed bid documents, construction plans and specifications (the "Bid Documents") for the EMWD Facilities to be constructed, including required system layout drawings and construction plan-profile drawings, in accordance with EMWD's standard design criteria. The Bid Documents shall be reviewed and approved or rejected within fifteen (15) days following their submission to EMWD by the CITY. Any rejection shall be accompanied by a written statement of reasons for rejection. The Design Engineer shall revise the Bid Documents consistent with the reasons for rejection and resubmit the Bid Documents, as revised, 5 to EMWD. EMWD shall not unreasonably withhold its approval of Bid Documents. CFD No. 88-12 shall reimburse to EMWD from the proceeds of the sale of the Bonds such amounts as are necessary to pay the reasonable administration costs of EMWD incurred in the design and plan check process. 5. State Highway and City Road Department Construction and Operate and Maintain Permits for the EMWD Facilities. For those portions, if any, of the EMWD Facilities which are to be constructed by the CITY within a City road and/or state highway, at the expense of CFD No. 88-12, the CITY shall be responsible for obtaining a construction permit from the appropriate governmental agency covering the construction and installation of the EMWD Facilities. At the time such construction permit is obtained by the CITY, the appropriate governmental agency will issue an Operate and Maintain Permit to EMWD, which will become effective upon the completion of said EMWD Facilities and acceptance of the ownership thereof by EMWD. 6. Construction Responsibility. EMWD hereby acknowledges that the City Manager of the City, or his designee, shall serve as the Contract Administrator (the "Contract Administrator"). The Contract Administrator shall be responsible for soliciting bids and awarding contracts and supervising the construction of the EMWD Facilities in accordance with the terms and conditions described in this Agreement. The Contract Administrator may perform his responsibilities for coordination of construction contracts and inspection of such EMWD Facilities through a "Resident Engineer" to be selected by the Contract Administrator. 6 7. Preliminary Coordination Meeting. Contract Administrator, Design Engineer, Resident Engineer, and representatives from EMWD shall meet for purposes hereinafter set forth, upon the written request of the CITY (hereinafter the "Preliminary Coordination Meeting"). At the Preliminary Coordination Meeting the schedule for construction of the EMWD Facilities and inspection approvals. will be mutually determined by the parties. It is the intent of the parties to mutually agree to the sequence and timing of construction of said EMWD Facilities in a manner calculated to not unduly delay progress in completion of the construction of the Road Facilities. 8. Solicitation of Bids. On behalf of CFD No. 88-12 and EMWD the Contract Administrator shall solicit bids for the EMWD Facilities to be constructed in compliance with appropriate sections of the California Public Contracts Code. 9. Bid Awards. On behalf of CFD No. 88-12 and EMWD, the Contract Administrator shall recommend to the City Council that it award contracts for the EMWD Facilities to be constructed in compliance with the applicable sections of California Public Contracts Code. Said EMWD Facilities shall be constructed by a contractor or contractorslicensed by the State of California (hereinafter the "Contractor"). Prior to the award of any bid for said EMWD Facilities, the CITY shall determine that there are sufficient funds in the Construction Account established by an Indenture dated February 1, 1991, between CFD No. 88-12 and Security Pacific National Bank, as Fiscal Agent, (the "Construction Account" and "Indenture", respectively) to cover the bid award for each Facility. No award of a contract for an EMWD 7 Facility to be constructed shall be made unless funds, not otherwise committed, are available to cover the contract award, including a contingency amount equal to five percent (5%) of the contract price and all costs of inspecting and administering said contract. 10. Construction of the Facilities. (a) Preconstruction Meeting. Prior to the commence- ment of construction, there shall be a meeting (hereinafter the "Preconstruction Meeting") among the Contractor(s), the Contract Administrator, Design Engineer, Resident Engineer and representatives of EMWD. (b) Inspection. EMWD will designate a field inspector (the "Field Inspector") who will be responsible for inspecting construction of the EMWD Facilities consistent with Section 14 of this Agreement and will be responsible for reviewing and concurrence in all Payment Request Forms with regard to said EMWD Facilities. (c) Payment. CFD No. 87-1 shall make payments for completed work, less retentions, in accordance with the payment schedule determined at the Preconstruction Meeting. The payment schedule shall be consistent with the Bid Documents reviewed and concurred with by the Field Inspector. Upon concurrence and sign off by the Field Inspector of any such Payment Request Form, the CITY shall cause the Fiscal Agent to make payments in the requisite amount to those entities or individuals designated on the Payment Request Form consistent with the provisions of Exhibit !IDII. Change Orders. All change orders regarding the EMWD 8 Facilities to be constructed are to be reviewed by EMWD and approved in writing, if appropriate. Change orders necessitated by site conditions shall be financed and paid for by CFD No. 88-12 upon confirmation that funds are available for such purposes. Change orders required for Betterments requested by EMWD shall be paid for by EMWD and shall not be paid by CFD No. 88-12, unless CFD No. 88-12 and the CITY consent 'to such payment in writing. For purposes of this Agreement "Betterments" shall mean any change that provides an increase in capacity, size or level of service above that originally approved by EMWD with respect to the EMWD Facilities. 12. Use of Funds. CFD No. 88-12 and the CITY shall use the proceeds in the Construction Account, in part, for the payment of the design and construction costs of the EMWD Facilities to be constructed. CFD No. 88-12 and the CITY shall strictly account for the expenditure of such proceeds according to accepted accounting practices. It is the intention of the parties that payments from the Construction Account shall be made only in connection with a Payment Request Form for costs and expenses paid or incurred, including, without limitation, any amounts owing under any construction contract entered into for said EMWD Facilities. CFD No. 88-12 shall account for, deposit, invest and reinvest such funds in the manner required by the Indenture. 13. Improvement Security. Any EMWD Facility to be constructed or portion thereof for which the Bonds have been sold shall not be the subject of a subdivision improvement bond or other security pursuant to Government Code Section 66449. 9 14. Inspection. Construction of the EMWD Facilities shall be subject at all times to inspection by the Field Inspector, or his designated representative. The Field Inspector, or his designated representative, shall inspect the furnishing, construction and installation of said EMWD Facilities to assure compliance with EMWD's approved construction plans and specifications. Inspection shall be the responsibility of the Field Inspector and shall be done in a timely manner consistent with the approved schedule established at the Pre-Construction Meeting. The Field Inspector shall have the authority to enforce the EMWD approved construction plans and specifications for said EMWD Facilities, which authority shall include the authority to require that any and all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected. In addition, the contractor(s) shall be required under the approved construction specifications to repair any and all installed facilities which have been damaged by any party prior to EMWD's final acceptance of said EMWD Facilities for ownership, operation and maintenance, which final acceptance shall follow final inspection and testing of said EMWD Facilities after completion thereof. Contractor(s) will be required to: (i) make the corrections and/or repairs determined by the Field Inspector to be necessary and consistent with the approved construction specifications and (ii) provide a one (1) year materials and workmanship guarantee, the precise nature of which will be agreed upon by CFD No. 88-12, the CITY and EMWD, providing that such contractor(s) will repair, at its (their) expense, all failures of facilities which it (they) furnished, installed and/or constructed 10 due to faulty materials or installation, including settlement of backfill within said one-year period. 15. Field En~ineerin~ Surveys and Compaction Tests. A qualified engineering firm (the "Field Engineer") shall be employed by the CITY to provide all field engineering surveys associated with the construction of the EMWD Facilities which are determined to be necessary by the Design Engineer, the contractor(s) and/or the Field Inspector. The Field Engineer shall promptly furnish to EMWD a complete set of grade sheets listing all locations, offsets, etc., in accordance with good engineering practices, and attendant data and reports resulting from Field Engineer's engineering surveys and/or proposed facility design changes and allow EMWD sufficient time to approve or make any required facility design changes resulting therefrom prior to construction. The cost of all compaction tests and report costs associated with EMWD Facilities furnished and constructed by contractor(s) shall be included among the costs which are to be paid from the Construction Account. Field Engineer shall promptly furnish results of all such compaction testing to EMWD for its review, evaluation and decision as to compliance with applicable specifications. 16. Completion of EMWD Facilities to be Constructed. Upon completion of any of those EMWD Facilities as shown on Table 2 to Exhibit "B" as mutually determined by the Field Inspector and the Contract Administrator, the CITY shall notify EMWD in writing of such completion and shall prepare and cause the City Council of the City of Temecula to accept and file the Notice of Completion 11 as to said EMWD Facilities, record said Notice with the Office of the Recorder of the County of Riverside, State of California, and cause the Contractor and all subcontractors to provide lien and material releases. 17. Completion of EMWD Facilities to be Acquired. Property Owner will provide to both CFD No. 88-12 and EMWD copies of the Notice of Completion that it has caused to be recorded with the Office of the County Recorder for the. County of Riverside regarding the EMWD Facilities shown on Table i of Exhibit "B". Property Owner shall provide to CFD No. 88-12 and EMWD copies of all labor and material lien releases which it has received from the contractors it retained to construct said EMWD Facilities. 18.. Conveyance of Title. Title to the land or rights-of-way on and over property within CFD No. 88-12 on which the EMWD Facilities have been or will be constructed shall be free of all liens and encumbrances, except easements and other matters of record that will not interfere with construction, use and maintenance of the EMWD Facilities. Property Owner and the CITY, as appropriate, shall cause transfer of title to such land or rights-of-way on such documents EMWD may prescribe. It is anticipated that a substantial portion of the EMWD Facilities will be constructed within public streets and rights-of-way dedicated to the CITY and other public entities. Any easements granted to facilitate construction prior to such dedications shall provide that the easement right conveyed will expire upon dedication and acceptance of such area as a public right-of-way. As to portions of the EMWD Facilities that will be constructed on land that would otherwise remain in private ownership, the provisions of Section 12 19 of this Agreement shall control. It is anticipated that, depending on decisions made by the CITY and EMWD at the Pre-Construction Meeting, such conveyances of land and easements are to be made prior to commencement of construction and that upon completion of construction such land and rights-of-way associated with the EMWD Facilities will be conveyed to the EMWD. In addition, upon completion of the EMWD Facilities, and written acceptance thereof by EMWD, CFD No. 88-12 and the CITY shall execute and deliver, without any cost or expense to EMWD, a Bill of Sale, in form and content acceptable to EMWD and substantially similar to that attached as Exhibit "E" hereto, conveying all its right, title and interest in and to all of the EMWD Facilities. The Bill of Sale shall include a warranty by CFD No. 88-12 and the CITY that such right, title and interest is free and clear of any and all encumbrances except those encumbrances that will not interfere with use and maintenance of the EMWD Facilities. 19. Easements Involvinq Private Property. For those portions, if any, of the EMWD Facilities which are to be constructed within and across private property the CITY shall, before any such construction begins, obtain easement documents, which are satisfactory to EMWD as to location, width, content and form, which have been duly executed by the involved property owners and which assure EMWD's unequivocal right to own, operate, maintain, replace, repair and provide service from and through the involved EMWD Facilities. 20. Acceptance. EMWD agrees to accept title to, and provide service through, the EMWD Facilities, subject to 13 certification by EMWD that said Facilities have been completed in accordance with the plans and specifications and provided that title to the EMWD Facilities is free of all liens and encumbrances not otherwise acceptable to EMWD. 'In this regard, it is specifically understood and agreed that EMWD shall not be obligated to accept title or to operate and provide service through the EMWD Facilities until satisfactory final inspection and testing thereof by the EMWD has been completed and all easement and deed documents have been received by EMWD. 21. Use of EMWD Facilities. Upon conveyance of title to the EMWD Facilities and acceptance of ownership, said EMWD Facilities shall become and remain the sole and separate property of EMWD and shall be operated, maintained and utilized by EMWD to serve the territory within CFD No. 88-12 and other lands pursuant to applicable EMWD rules, regulations, policies and procedures as they may be amended from time to time by EMWD's Board of Directors and subject to EMWD facility capacity and water supply limitations which result from conditions that are beyond EMWD's control, including, but not limited to, applicable regulations and/or limitations established by The Metropolitan Water District of Southern California, Federal, State, regional and local agencies. 22. Maintenance. Prior to the transfer of ownership of the EMWD Facilities to be acquired to EMWD, Property Owner shall be responsible for their maintenance consistent with the terms of the Maintenance Agreement. Prior to the transfer of ownership of the EMWD Facilities to be constructed, the CITY shall be responsible for their maintenance. Upon acceptance of the EMWD Facilities as described in Table 1 or Table 2 of Exhibit "B" by 14 EMWD, EMWD shall be solely responsible for the maintenance thereof and all rights, duties and obligations of either Property Owner or the CITY for said maintenance under the Maintenance Agreement or this Agreement shall terminate. 23. Administrative Costs. All administrative costs of CFD No. 88-12, the CITY and EMWD and the Property Owner which include but are not limited to the reasonable cost of preparing the Bid Documents, all fees and costs incurred in obtaining permits, licenses, offsite rights-of-way or easements, inspection fees and land acquisition costs are provided for in Exhibit "B". The parties recognize the amount of such costs may subsequently increase in the future. CFD No. 88-12 shall cause to be paid from the Construction Account the reasonable administrative costs actually incurred by each party to this Agreement. 24. No ObliGations Assumed. Nothing herein shall be construed as requiring CFD No. 88-12 to issue or sell the Series 1991 Bonds pursuant to the Act or any other law or regulation requiring the construction of the EMWD Facilities. 25. Indemnification. Property Owner shall assume the defense of, indemnify and hold harmless both CFD No. 88-12 and EMWD and their respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, (i) the actions of Property Owner required in the performance of this Agreement and (ii) the design, engineering and construction of the EMWD Facilities to be acquired (as shown on Table 1 of Exhibit "B") designed, engineered and constructed by Property Owner; 15 provided that, the actions, damages, claims, losses and expenses covered by this paragraph shall be those arising out of events which occur during the period up to the acceptance of the EMWD Facilities by EMWD whether or not an action or claim is filed by the date of acceptance of the EMWD Facilities~ and provided further that, nothing in this paragraph shall limit, in any manner, EMWD's rights against any of Property Owner's architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility of Property Owner for payment of damages resulting from its own operations or the operations of any of its agents or employees. The CITY shall assume the defense of, indemnify and hold harmless, both EMWD and CFD No. 88-12 and their respective officers, employees and agents, and each and every one of them, from and against all actions,.damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, (i) the actions of CITY pursuant to this Agreement and (ii) the design, engineering, and construction of the EMWD Facilities to be constructed (as shown on Table 2 of Exhibit "B")~ provided that the actions, damages, claims, losses and expenses covered by this paragraph shall be those arising out of events which occur during the period up to acceptance of the EMWD Facilities by EMWD whether or not an action or claim is filed by the date of acceptance of the EMWD Facilities~ and provided that nothing in this paragraph shall limit, in any manner, EMWD's rights against any of CITY's contractors, architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility 16 of CITY for payment of damages resulting from its own operations, including but not limited to design liability for the Road Facilities, or the operations of any of its contractors, agents or employees. The CITY hereby assures EMWD and CFD No. 88-12 that any and all contractors employed by it shall furnish to EMWD certificates of insurance substantiating that they have obtained for the entire period of construction of any of the EMWD Facilities to be constructed a policy of workers compensation insurance and a comprehensive general liability insurance policy with coverage broad enough to include the contractual obligations they have under the construction contract and having a combined single limit of liability in the amount of $2,000,000. Said certificate of insurance shall include an endorsement naming the EMWD, CFD No. 88-12, the CITY and the County, and their respective officers, employees and agents as additional insureds. EMWD shall assume the defense of, indemnify and hold harmless CFD No. 88-12, the CITY and the Property Owner and their respective officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions of EMWD taken in the performance of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of EMWD for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. CFD No. 88-12 shall assume the defense of, protect, 17 indemnify and hold harmless the CITY, EMWD, and the Property Owner and their respective officers, employees, agents, and consultants and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions of CFD No. 88-12 taken in the performance of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of CFD No. 88-12 for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. 26. Effective Date and Termination. This Agreement shall become effective and of full force and effect as of the date (the "Effective Date") on which CFD No. 88-12 sells and issues the Series 1991 Bonds. Should CFD No. 88-12 be unable to sell the Series 1991 Bonds, this Agreement shall terminate and be of no further force and effect. 27. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party or other person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post Office, registered or certified, postage prepaid, addressed as follows: 18 Property Owner: Tomond Properties c/o John C. Raymond 613 West Valley Parkway, Suite 270 Escondido, California 92033-2159 (619) 489-0123 District: Eastern Municipal Water District Post Office Box 8300 San Jacinto, California 92383-1300 Attn: J. Andrew Schlange General Manager (714) 925-7676 FAX (714) 929-0257 City: City Manager City of Temecula 27403 Ynez Road, Suite 109 Temecula, California 92390 (714) 694-1989 FAX (714) 694-1999 CFD No. 88-12: Community Facilities District No. 88-12 of the County of Riverside c/o Administrative Office 4080 Lemon Street, 12th Floor Riverside, California 92501 Attn: Community Facilities District Administrator (714) 275-1110 FAX (714) 275-1105 Each party can change its address for delivery of notice by delivering written notice of such change of address to the other parties within twenty (20) days of such change. 28. Captions. Captions to sections of the Agreement are for convenience purposes only and are not part of this Agreement. 29. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement. 30. Successors and AssiQns. This Agreement shall be 19 binding upon and inure to the benefit of the successors and assigns of the parties hereto. 31. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided herein. 32. Amendments. This Agreement may be amended or modified only in writing signed by all of the parties. 33. Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference. Exhibit Description "A" Boundary Map of CFD No. 88-12 "B" EMWD Facilities Description and Purchase Price "C" Maintenance Agreement "D" Joint Financing Agreement between CFD No. 88-12 and City "E" Bill of Sale 34. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 20 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE DATED: ATTEST: , 1991 By: Chairman of the Board of Supervisors, Ex Officio the Legislative Body of Community Facilities District No. 88-12 of the County of Riverside By: Clerk of the Board of Supervisors, Ex Officio the Legislative Body of Community Facilities District No. 88-12 of the County of Riverside EASTERN MUNICIPAL WATER DISTRICT By: President TOMOND PROPERTIES, a California general partnership By: John C. Raymond, Trustee of the John and Caroline Raymond Family Trust Dated September 26, 1984 General Partner 21 CITY OF TEMECULA By: Mayor DATE: , 1991 ATTEST: By: City Clerk Approved as to Form: By City Attorney TJD:db 1/22/91 297a 22 EXHIBIT "B" SEWER FACILITIES DESCRIPTION OF FACILITIES COST AND BUDGETS COUNTY OF RIVERSIDE COMMUNITY FACILITIES DISTRICT 88-12 YNEZ ROAD CORRIDOR CITY OF TEMECULA 11-JAN-1991 SEWER FACILITIES TO BE ACQUIRED (Table 1) $125,239.76 SEWER FACILITIES TO BE CONSTRUCTED (Table 2) $180,960.00 (a) SUBTOTAL $306,199.76 iNCIDENTAL COSTS (For Facilities to be Constructed only) DESIGN PHASE SERVICES Engineering Plan Check Administration $16,500.00 (b) $5,881.00 (c) $2,714.00 (d) CONSTRUCTION PHASE SERVICES Construction Management Construction Inspection Construction Surveys Construction Soils Testing $2,714.00 (d) $5,881.00 (c) $8,143.00 (e) $5,429.00 (f) SUBTOTAL $45,762.00 GRAND TOTAL $351,961.76 (g) (a) (b) (c) (d) (e) (f) (g) Est4m~ted Costs based on prel~m4nary plans with 20% contingencies Per agree~me_nt between City of Temecula and J. F. Davidson Associates plus 10% Budget Amount est~-~ted at 3.25% of Construction Estimate for indicated projects Budget Amount estimated at 1.50% of Construction Estimate for indicated projects Budget Amount estimated at 4.50% of Construction Estimate for indicated projects Budget Amount es=4m~ted at 3.00% of Construction Estimate for indicated projects DOES NOT INCLUDE FINANCING COSTS EXHIBIT "B" Page i of 3 TAILE 1: 11-JAN-1991 SEI~R FACiLITiES TO IE AC3]UIEED BY EASTERN NUIIICIPAL tiATER DISTRICT ITEH UNIT NO ITEN DESCRIPTIONS gUtJITITY UNIT COST COST EXiSTiNG $BRR SYSTEN 1 8" VCP Sever Nain 1583.0 LF $20.Z5 S32,055.75 2 /8" NanhoLes 6.0 EA Sl,700.00 S10,200.O0 3 Stopring Naeotes 9.0 EA Sl,4~0.00 S12,~60.00 &Remove End PLug 1.0 LS $150.00 $150.00 5 /,, Laterats 219.0 LF $12.00 $2,628.00 6 Traffic Controt, A~phaLt 1.0 L$ S4,000.00 S/,,000.00 7 5OOC Backhoe 3.0 HR S6S.O0 S19~.0Q 8 Laborer ~/Truck &TooLs 12.0 HR S30.OO S360.00 9 1-TOn TrUck 8.Q HR $25.Q0 S~OQ.O0 10 /,16 Backhoe 5.Q HIt S65.0Q S325.QO 11 ~" VCP Pipe Z3.Q LF S~.OO SgZ.O0 12 Inspection for RTAP 1.0 LS s10,402.21 S10,402.21 13 L2 G Bride 5.0 HR M5.O0 S&25.00 1~, Hove In 5.0 HR 1,26.00 $130.00 15 12G BLade 32.5 HR S85.00 $2,762.50 15 225 Backhoe 29.0 HR S125.00 $3,625.00 17 500 Hoe v/Vibratory A.O NR $15.00 S300.O0 18 Grade Checker 37.0 HR rk37.00 S1,:369.00 19 Labor v/Traffic Control /,5.0 HR S30.00 S1,350.00 20 SawcuT t i ng 1.0 LS S200. O0 S200. O0 21 Sheepsfoot 2/e.O HR SZ3.00 S552.00 22 416 Hoe 6.5 HR S65.00 S422.50 23 Water Truck 2.5 HR S50.00 S125.00 2G S turry 7.0 CY S45. O0 $315. O0 25 966 toeclef 11.5 HR S95.00- S1,092.50 26 Hove In 225 Hoe 1.0 LS S130.00 S130.00 27 500 Backhoe ~/Storeper 6.0 HR $15.00 S450.00 28 CoLd Hix 22 Tons sncl Trucking 1.0 LS SBO0.O0 SBO0.O0 29 Rot Let 1.0 DAY S160.00 S160.00 SUSTOTAL S87,776. A6 INCIDENTALS Engineering S7,701.23 ConsuLtants t3,790.91 Testing & Studies SJ.,2~3.29 Project Administration S11,/,89.?0 Supervision Sl,627.10 Letter of Credit Fees S/,,258.05 Staking S4,353.02 SUBTOTAL S37,/,63.30 GaAND TOTAL S125,Z39.76 EXHIBIT "B" Page 2 of 3 TABLE 2: 11-JAI1-1991 SEER FACZL]TZE$ TO BE C:OltSTiIUCTED Z T Ell EST !MATED UN ! T E ST ! HATED NO ITEN DE$CIIPTIONS QUANTITY UNIT COST TOTAL 1 lZ" VT::P SE',,ER IV, Ill 1,600 LF 1,65.00 I;104,000.00 2 .~0" JAIl:B) SEllER CASING 120 LF S250,00 $30,000.00 3 SE',,ER NANHOLES 6 EA S2,800.00 S16,800.00 $1,.JITOTAL 1;150,800.00 , 20~ CONTINGENCY L.~O, 160.00 TOTAL 1;180,96.0.00 EXHIBIT 'B" Page 3 of 3 EXHIBIT "C" MEMORANDUM OF UNDERSTANDING FOR TEMPORARY UTILITY SERVICE THIS MEMORANDUM OF UNDERSTANDING is entered into as of the 1st day of February, 1990, by and between TOMOND PROPERTIES, a California general partnership, and EASTERN MUNICIPAL WATER DISTRICT, a public agency. 1. Tomond has completed the construction of sewer system facilities in Ynez Road, Solana Way, Motor Car Parkway, and the 30-foot private road and utility easement, which will be dedicated to, become the property of and be operated and maintained by Eastern. However, Tomond's property adjacent to the streets where those sewer system facilities have been constructed and installed is within the boundaries of Community Facilities District No. 88-12 (Ynez Corridor) of the County of Riverside, and the sewer system facilities are to be acquired by the County for the benefit of Eastern with the proceeds of the sale of the bonds of that community facilities district. Accordingly, Tomond cannot dedicate or convey title to the sewer system facilities to Eastern until the facilities are acquired by the County with the proceeds of the sale of the bonds. 2. To allow Tomond and the County adequate time to complete the issuance and sale of the bonds of the community facilities district and the acquisition by the EXHIBIT "C" Page 1 of 3 County for Eastern from Tomond of the sewer system facili- ties with the proceeds of the sale of those bonds, Eastern will provide sewer service to Tomond and other property owners in the immediate area of the sewer system facilities for a period of twelve (12) months from the date of this memorandum without requiring dedication of the sewer system facilities by Tomond to Eastern. 3. Until such time as the sewer system facilities are acquired by the County or Eastern with the proceeds of the sale of the bonds of the community facilities district or Tomond dedicates the sewer system facilities to Eastern, Eastern shall have no responsibility for the repair or maintenance of the sewer system facilities or any street repairs or maintenance associated therewith, and Tomond shall be solely responsible for all such repairs and maintenance, and shall indemnify Eastern from any expense in connection therewith. 4. If the County determines, for whatever reason, that it is unable to proceed with the issuance and sale of the bonds of the community facilities district and notifies Tomond and Eastern of that determination, Tomond shall forthwith, upon receipt of such notification, dedicate the sewer system facilities to Eastern by appropriate dedication or conveyance documents acceptable to Eastern. -2- EXHIBIT "C" Page 2 of 3 5. Until the sewer system facilities are acquired by the County for Eastern or by Eastern from Tomond with the proceeds of the sale of the bonds of the community facilities district or until Tomond dedicates or conveys the sewer system facilities to facilities shall remain and property of Tomond. Eastern, the sewer system be the sole and exclusive TOMOND PROPERTIES, a California general partnership John C. Raymond, Tru~ of the John and Caroline ymond Family Trust, Dated September 26, 1984, General Partner Tij~ M"anager j RTA10 -3- EXHIBIT "C" Page 3 of 3 JOINT FINANCING AGREEMENT BETWEEN COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA THIS JOINT FINANCING AGREEMENT (the "Agreement") is made and entered into as of February 1, 1991, by and between COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR), a legally constituted governmental entity organized and existing pursuant to Division 2, Part 1, Chapter 2.5 of Title 5 of the California Government Code (hereinafter "CFD No. 88-12") and the CITY OF TEMECULA, an incorporated municipality (hereinafter "CITY"). RECITALS A. The owners of more than 10 (ten) percent of the property within the boundaries of CFD No. 88-12, as shown on Exhibit "A" which is attached hereto, filed an application and a written petition with the County of Riverside (the "County") to establish CFD No. 88-12 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance the acquisition and construction of certain public facilities hereinafter defined, including all incidental expenses to be incurred in connection therewith. B. The Board of SupervisOrs of the County (the "Board"), after determining said petition sufficient, adopted Resolution No. 89-390 (the "Resolution of Intention") and Resolution No. 89-391 on July 25, 1989 that respectively stated the Board's intention to form CFD No. 88-12 for the purpose of financing the construction and acquisition of certain enumerated public facilities and to EXHIBIT D incur bonded indebtedness in an aggregate principal amount not to exceed $60,000,000 to pay for the construction and acquisition of said facilities. Both Resolutions called for a noticed public hearing with regard to all matters regarding the formation of CFD No. 88-12 and the incurrence of bonded indebtedness. C. On August 29, 1989 the Board opened the public hearing and continued the hearing to September 26, 1989 at which time the hearing was closed. Upon closing said hearing, the Board adopted Resolution No. 89-449 (the "Resolution of Formation") establishing CFD No. 88-12, which has those boundaries as shown on Exhibit "A", and authorizing the levy of a special tax (the "Special Tax") within CFD No. 88-12 and Resolution No. 89-450 determining the necessity to incur bonded indebtedness. Both Resolutions called for a special election to be held as required by the Act. D. On November 7, 1989 the registered voters living within the proposed boundaries of the City of Temecula voted to incorporate. The effective date of said incorporation was December 1, 1989. The territory within CFD No. 88-12 is within the boundaries of the CITY. E. On January 9, 1990 the Board, acting in its capacity as the legislative body of CFD No. 88-12, adopted Resolution No. 90-46, amending Resolution No. 89-449, and Resolution No. 90-47, amending Resolution No. 89-450. Both amending Resolutions designated March 23, 1990 as the date for the special election. F. The CITY adopted Resolution No. 90-30 on March 20, 1990 stating its general support for CFD No. 88-12 and identifying those public facilities whose acquisition or construction by CFD 2 No. 88-12 it would support. G. On April 3, 1990 the Board canvassed the election results of the special election held on March 23, 1990, and determined that the qualified electors within CFD No. 88-12 voted by a majority in excess of two-thirds of the votes cast to approve CFD No. 88-12 incurring bonded indebtedness in an aggregate principal amount not to exceed $60,000,000 and the levy of the Special Tax to pay debt service on any bonded indebtedness incurred, to pay the administrative expenses of CFD No. 88-12, and to replenish any reserve fund established by CFD No. 88-12 to the extent allowed by the maximum rate of the Special Tax. H. The validity of the Special Tax and the issuance of bonds by CFD No. 88-12 was confirmed by a judgment entered in the Superior Court of the State of California in.and for the County of Riverside on June 20, 1990 in the case of County of Riverside on Behalf of Community Facilities District No. 88-12 (Ynez Corridor) v. All Persons. etc.. et al. (Case No. 204581). I. Certain of the public facilities to be acquired or constructed by the proceeds of bonds to be issued and sold by CFD No. 88-12 are, upon acquisition or construction, to be owned and maintained by the CITY. Those specific public facilities are enumerated and described in Exhibit "B" hereto, and by this reference incorporated herein, and shall be identified as the "Road Facilities". J. CFD No. 88-12 anticipates issuing and selling an initial series of bonds (the "Series 1991 Bonds") to pay for the acquisition of certain of the Road Facilities, as identified on Exhibit "B", and to pay for the design, engineering and 3 construction of certain Road Facilities, as identified on Exhibit "B". It is presently anticipated by CFD No. 88-12 that one or more additional series of bonds will be sold to pay for the design, engineering and construction of additional Road Facilities, also identified on Exhibit "B". K. CFD No. 88-12 and the CITY desire to enter into this Agreement pursuant to Sections 53316.2, 53316.4 and 53316.6 of the Act. A~EEE~E~ NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows: 1. Sale of Bonds and Use of Proceeds. CFD No. 88-12 shall proceed to issue and sell bonds in one or more series at such time and in such amounts as CFD No. 88-12, in its discretion after consultation with the CITY, may determine to be appropriate. The principal amount of any series shall include, but not be limited to, the costs of the public facilities to be acquired or constructed, a reasonable amount for underwriting fee, a bond reserve fund, capitalized interest, gross funded for a period determined appropriate by CFD No. 88-12, bond issuance costs and all such incidental costs as may be permitted by the Act and applicable law and approved by CFD No. 88-12. The amount of bonds to be sold in any series shall be determined in consultation with the CITY and will represent, in part, that amount which the CITY, in good faith, has determined can be expended within twenty-four (24) months of date on which bond proceeds would be available for the design, engineering, construction and acquisition of the Road Facilities. The proceeds from the sale of 4 any series of bonds shall be deposited, held, invested and reinvested as provided in a bond indenture or any supplement thereto, between CFD No. 88-12 and Security Pacific National Bank, as Fiscal Agent (the "Fiscal Agent"), or successor Fiscal Agent, regarding the particular series of bonds issued and sold by CFD No. 88-12. Resolution No. 91- providing for the issuance and sale of the Series 1991 Bonds approved a Bond Indenture (the "Indenture") between CFD No. 88-12 and the Fiscal Agent. 2. Sale of the Series 1991 Bonds. On or about February , 1991, CFD No. 88-12 shall offer the Series 1991 Bonds in the aggregate principal amount of $ for sale to Stone & Youngberg, or other underwriter acceptable to CFD No. 88-12, pursuant to the Act to fund the acquisition and construction of the Road Facilities as so identified in Exhibit "B". The proceeds of the Series 1991 Bonds are to be used for the purposes substantially set forth in the Receipts and Disbursement Schedule attached hereto as Exhibit "C" and by this reference incorporated herein. 3. Reimbursement to CFD No. 88-12 for Costs Incurred Prior to Sale of Bonds. CFD No. 88-12 is to receive one quarter of one (.0025) percent of the principal amount of any series of bonds issued and sold by CFD No. 88-12 to cover its costs incurred during the formation of CFD No. 88-12 and in preparing and coordi- nating the sale of each series of bonds. This amount represents all administrative, legal and other incidental expenses incurred by CFD No. 88-12 during the formation of the CFD No. 88-12 and prior to the issuance and sale of the Series 1991 Bonds. The amount is to be paid only from the proceeds of the bonds. 5 4. Reimbursement of Costs Incurred by CITY Prior to the Sale of the Series 1991 Bonds. On the date of delivery of the Series 1991 Bonds and receipt of the proceeds therefor, CFD No. 88-12 shall cause to be paid to the CITY from the Construction Account (the "Construction Account") of the Acquisition and Construction Fund established by the Indenture those amounts shown on Exhibit "D" hereto. Exhibit "D" lists those costs incurred or advanced by the CITY for the design and engineering of the Road Facilities and incidental costs related thereto, including legal and administrative expenses. 5. Reimbursement of Costs Incurred by ProDertV Owners Prior to Sale of the Series 1991 Bonds. (a) CFD No. 88-12 and the CITY acknowledge that those property owners listed on Exhibit "E" hereto expended or advanced those amounts shown on Exhibit "E" for a special tax consultant, appraisal fees, and fees of other consultants employed in connection with the formation of CFD No. 88-12, the financing of the public facilities and the issuance of the Series 1991 Bonds. Those amounts shown on Exhibit "E" shall be paid to the persons or entities identified on Exhibit "E" from the Cost of Issuance Account (the "Cost of Issuance Account") of the Acquisition and Construction Fund established by the Indenture. (b) CFD No. 88-12 and the CITY acknowledge that those property owners listed on Exhibit "F" hereto expended or advanced those amounts shown on Exhibit "F" to pay for design and' engineering costs associated with the Road Facilities' Those amounts shown on Exhibit "F" shall be paid to the persons or entities identified on Exhibit "F" from the Construction Account. 6 CITY represents to CFD No. 88-12 that these costs are included in the engineering and design costs shown on Exhibit "B". 6. Facilities to be Acquired. Certain of the Road Facilities, as identified on Exhibit "B", were substantially constructed by Tomond Properties, a California general partnership, prior to the adoption of the Resolution of Formation. Consistent with the Act and this Agreement, CFD No. 88-12 will acquire on behalf of the CITY and the CITY will accept said Road Facilities. CITY is to prepare those deeds or easements by which dedication or transfer of title to the CITY of the land or rights-of-way on and over the property on which said Road Facilities are constructed is to be made. Conveyance of title to the CITY of said Road Facilities shall be free of all liens and encumbrances except those easements and other matters of record that will not interfere with the use or maintenance of said Road Facilities. The price to be paid for each of the Road Facilities to be acquired is as shown on Exhibit "B". Upon transfer of title, the CITY will have the obligation to maintain such Road Facilities consistent with its procedures for the use and benefit of persons owning property, residing or working within the boundaries of CFD No. 88-12. 7. Acquisition and Development of a Park Site. (a) The CITY has not determined the site that it desires to acquire or develop with proceeds from the Series 1991 Bonds for use as a park. The CITY agrees that it will cause the park to be designated within two (2) years of the date on which CFD No. 88-12 sells the Series 1991 Bonds. The CITY further agrees that the park site will satisfy the following criteria as 7 specified by the Act, the Resolution of Intention, Bond Counsel and Counsel to CFD No. 88-12: (1) The proceeds from the Series 1991 Bonds will be used to construct, purchase, expand, improve or rehabilitate real or other tangible'property with the resulting park having an estimated useful life of five (5) years or longer. (2) The park will be located within CFD No. 88-12 or benefit persons owning real property or working or living within CFD No. 88-12, benefit to be determined by Bond Counsel and Counsel to CFD No. 88-12 consistent with applicable law. (3) The park will be owned, operated and maintained by the CITY. 8. Design and Engineering of Road Facilities to be Constructed. The CITY shall employ a properly qualified registered civil engineer (the "Design Engineer") to design and prepare detailed bid documents, construction plans, and specifications for the Road Facilities identified on Exhibit "B" that are to be constructed by the CITY. Upon submission by the CITY of a Payment Request Form (the "Payment Request Form") as specified by the Indenture to the Fiscal Agent and a'duplicate to CFD No. 88-12, proceeds in the Construction Account will be paid to the individuals or entities identified in the amounts specified to pay for the design and engineering costs, including any amounts necessary to reimburse the CITY for its administrative costs incurred in reviewing and approving the plans, specifications and bid documents. Each Payment Request Form submitted by the CITY 8 shall have a certificate attached thereto, signed by the designated representative of the CITY, in the form as shown in Exhibit "G" hereto. Failure on the part of the CITY to provide the duplicate Payment Request Form to CFD No. 88-12 at the time it submits the original to the Fiscal Agent will. result in CFD No. 88-12 directing the Fiscal Agent to withhold any disbursement of bond proceeds from the Construction Account until notice is provided by CFD No. 88-12 that payment is to be made. Exhibit "B" provides an estimated budget for the design, engineering and construction of each of the Road Facilities. This budget has been prepared by engineers retained by the CITY and it is the responsibility of the CITY to function within the dollar costs set forth in Exhibit "B". CITY agrees to keep records of all funds received from the Construction Account and made available for the design, engineering, construction and acquisition of the Road Facilities. SuCh records shall be available for inspection by CFD No. 88-12 during business hours on reasonable notice. 9. Acquisition of Rights-of-Way. CITY has full responsibility for securing all easements and rights-of-way required for the construction of the Road Facilities. 10. Solicitation of Bids. CITY shall solicit bids for the construction of the Road Facilities as public works contracts in compliance with the appropriate sections of the Act, the Public Contracts Code, the Government Code, and the Labor Code governing the'solicitation of bids by a municipality. 11. Bid Awards. CITY shall award contracts for the Road Facilities as public works contracts in compliance with the Act 9 and the applicable sections of the Public Contracts Code, the Government CQde and the Labor Code. The Road Facilities shall be constructed by a contractor or contractors licensed by the State of California (the "Contractor").. The Contractor shall be required to provide performance and payment bonds, each in a principal amount equal to 100% of the contract price, and to name both the CITY and CFD No. 88-12 and the employees, officers, directors, agents and consultants thereof as additional insureds under a comprehensive general liability insurance policy with coverage broad enough to include contractual obligations under such construction contract and in an amount not less than two million dollars ($2,000,000) per occurrence. The bid and contract documents shall include the bond and insurance requirements as set forth by mutual agreement of the CITY and CFD No. 88-12 at the time of advertising for bids, and said requirements shall not be less than those stated above. Prior to the award of any bid for a Road Facility, the CITY shall determine from CFD No. 88-12 that there are sufficient funds in the Construction Account to cover the award of the bid for the Road Facility. No award of a contract for a Road Facility shall be made unless funds, not otherwise committed by prior construction contracts, are available to cover the contract award, including a contingency amount equal to ten percent (10%) of the contract price and all costs for inspecting and administering said contract. Failure by the CITY to secure approval as to the availability of funds prior to the award of a contract will result in CFD No. 88-12 directing the Fiscal Agent not to honor any Payment Request Forms submitted for said contract until and unless 10 CFD No. 88-12 can determine that funds are available. 12. Construction of the Road Facilities. (a) Contract Administration. The CITY shall have responsibility for administering the construction contracts awarded for the Road Facilities. (b) Inspection. Inspection of the Road Facilities during construction shall be the responsibility of the CITY and its retained engineers. (c) Payment. Upon the CITY submitting a Payment Request Form to the Fiscal Agent, and a duplicate to CFD No. 88-12, payment will be made from proceeds in the Construction Account for work completed in the amounts and to the entities specified in the Payment Request Form. Failure on the part of CITY to provide the duplicate Payment Request Form to CFD No. 88-12 at the time it submits the original to the Fiscal Agent will result in CFD No. 88-12 directing the Fiscal Agent to withhold any disbursement of bond proceeds from the Construction Account until notice is provided by CFD No. 88-12 that payment is to be made. CITY is to have secured all appropriate labor and material releases prior to submitting the Payment Request Form. A certificate in the form of Exhibit "G" is to be attached to each Payment Request Form and executed by the designated representative of the CITY. (d) Change Orders. No change order may be approved by the CITY, with regard to a Road Facility, without receiving confirmation from CFD No. 88-12 that there'are sufficient uncommitted funds in the Construction Account for such purposes. The CITY's representative may approve change orders in a cumulative total amount of $30,000 or 3% of the contract price of 11 each Road Facility, whichever is less, without receiving prior confirmation from CFD Ne. 88-12 of the availability of funds. 13. Completion of Construction. The CITY shall prepare and execute a Notice of Completion as to each of the Road Facilities, record said Notice with the Office of the Recorder of the County of Riverside, State of California, and cause the Contractor and all subContractors to provide lien and material releases with respect thereto. The CITY shall provide copies of each said Notice and all releases to CFD No. 88-12 14. Administrative Costs. (a) Construction. All administrative costs of the CITY, which may include but are not limited to the reasonable costs of preparing the bid documents, all fees and costs incurred in obtaining permits, licenses, rights-of-way or easements, and engineering, legal, fiscal, inspection fees and land acquisition costs, are provided for in Exhibit "B". The parties recognize that the amount of such costs may subsequently increase prior to the completion of construction of the Road Facilities. The CITY shall prepare a Payment Request Form and appropriate certificate, and submit said Form to the Fiscal Agent and a duplicate to CFD No. 88-12 for the reasonable administrative costs actually incurred by the CITY pursuant to this Agreement. Failure on the part of CITY to provide the duplicate Payment Request Form to CFD No. 88-12 at the time it submits the original to the Fiscal Agent will result in CFD No. 88-12 directing the Fiscal Agent to withhold any disbursement of bond proceeds from the Construction Account until notice is provided by CFD No. 88-12 that payment is to be made. A certificate in the form of Exhibit "G" is to be 12 attached to each Payment Request Form and executed by the designated representative of the CITY. (b) On Going. CITY has entered into an agreement(s) with many of the property owners within the boundary of CFD No. 88-12. The agreement provides that the CITY will make a portion of sales and use tax revenue generated from the property owners' holdings with CFD No. 88-12 available to the property owner to off set their Special Tax obligation. On or before June i of each calendar year, the CITY shall submit to CFD No. 88-12 an itemized budget of expenses it estimates it will incur during the ensuing fiscal year to administer said agreements and for any administrative expenses associated with CFD No. 88-12. CFD No. 88-12 shall cause said amount to be included in its calculation of administrative expenses to be collected through the Special Tax and deposited in the Administrative Expense Fund created by the Indenture. The CITY shall submit billings throughout the fiscal year for such expenses actually incurred and CFD No. 88-12 will cause the appropriate Payment Request Form to be prepared and submitted to the Fiscal Agent. 15. Use of Funds. The CITY shall use all funds received from CFD No. 88-12 exclusively for the payment of the design, engineering, construction and acquisition costs of the Road Facilities, except as otherwise provided in this Agreement. The CITY shall strictly account for the expenditure of such funds according to accepted accounting practices for public agencies and shall report all receipts and disbursements to CFD No. 88-12 upon reasonable request by CFD no. 88-12. It is the intention of the parties that the CITY shall receive payment of bond proceeds only 13 in connection with the Payment Request Form for costs and expenses paid or incurred, including, without limitation, any amounts owing under any construction contract entered into by the CITY for the Road Facilities. CITY shall provide CFD No. 88-12 with a complete accounting showing expenditure of the funds received from CFD No. 88-12. The accounting may be subject to independent audit at the expense of CFD No. 88-12 to determine whether the CITY's methods of reporting, accounting and control are in compliance with the requirements of this Agreement. CFD No. 88-12 shall account for~ deposit, invest and reinvest bond proceeds in the manner required by the Indenture. 16. Use of the Road Facilities. Upon completion of construction and acceptance by the CITY of the Road Facilities, said facilities shall be and remain the sole and separate property of the CITY. The Road Facilities shall be operated, maintained and utilized by the CITY to serve the properties within CFD No. 88-12 and other lands pursuant to applicable rules, regulations, policies and procedures of the CITY. 17. ImDrovement Security. Any Road Facility, or portion thereof, for which the Series 1991 Bonds have been sold shall not be the subject of a subdivision improvement bond or other security requirement pursuant to Government Code Section 66499 to the extent that subdivision requirements are satisfied by available bond proceeds. 18. Tax for Debt Service. Upon sale and delivery of the Series 1991 Bonds, the Board, as the legislative body of CFD No. 88-12, shall annually levy the Special Tax as provided for in the formation proceedings for CFD No. 88-12 authorizing the levy of 14 such Special Tax and the sale and issuance of the Series 1991 Bonds. The entire amount of the Special Tax annually levied shall be allocated to CFD No. 88-12. 19. CaDitaliZed Interest. CFD No. 88-12 agrees that funds equal to ( ) months of capitalized interest, as provided by the Indenture, shall be deposited in the Capitalized Interest Account of the Acquisition and Construction Fund established by the Indenture to pay interest on the Series 1991 Bonds. Said Account shall be depleted before any Special Taxes are applied to debt service on the Series 1991 Bonds. 20. Indemnification. The CITY shall assume the defense of, indemnify and hold harmless CFD No. 88-12 and its respective officers, employees, agents, and consultants, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, (i) the actions of CITY pursuant to this Agreement and (ii) the design, engineering, and construction of the Road Facilities as shown on Table 2 of Exhibit B; provided that nothing in this paragraph shall limit, in any manner, CFD No. 88-12's rights against any of CITY's contractors, architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility of CITY for payment of damages resulting from its own operations, including but not limited to design liability for the Road Facilities, or the operations of any of its contractors, agents or employees. CFD No. 88-12 shall assume the defense of, protect, indemnify and hold harmless the CITY and its respective officers, 15 employees, agents, and consultants and each and every one of them, from and against all actions, damages, claims, losses, liabilities and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions of CFD No. 88-12 taken in the performance of this Agreement. No provision of this Agreement shall in any way limit the extent of the responsibility of CFD No. 88-12 for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. 21. Effective Date and Termination. This Agreement shall become effective and of full force and effect as of the date (the "Effective Date") on which CFD No. 88-12 sells and issues the Series 1991 Bonds. Should CFD No. 88-12 not sell the Series 1991 Bonds, this Agreement shall terminate and be of no further force and effect. 22. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party or other person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post Office, registered or certified, postage prepaid, addressed as follows: 16 CITY: Fiscal Agent: CFD No. 88-12: City Manager City of Temecula 27403 Ynez Road, Suite 109 Temecula, California 92390 Security Pacific National Bank 333 South Beaudry Avenue (W24-30) Los Angeles, California 90017 Community Facilities District No. 88-12 County of Riverside c/o Administrative Office 4080 Lemon Street, 12th Floor Riverside, California 92501 Attn: Community Facilities District Administrator Each party can change its address for delivery of notice by delivering written notice of such change of address to the other party within twenty (20) days of such change. 23. CITY's Designated Representative. The CITY hereby designates the City Manager, or his/her designee(s), as the Designated Representative for purpose of executing all Payment Request Forms submitted to the Fiscal Agent. 24. Captions. Captions to Sections of this Agreement are for convenience only and are not part of this Agreement. 25. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement. 26. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided herein. 17 27. Amendments. This Agreement may be amended only by a subsequent written agreement signed by all of the parties. 28. Exhibits. The following exhibits attached hereto are incorporated into this Agreement by reference: Exhibit Description "A" Map of CFD No. 88-12 Boundaries "B" Road Facilities and Budget "C" Receipts and Disbursement. Schedule "D" Costs to be Reimbursed City "E" Formation Costs to be Reimbursed Property Owners "F" Design and Engineering Costs to be Reimbursed Property Owners "G" Certificate of City 29. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE By: Chairman of the Board of Supervisors, Ex Officio the Legislative Body of Community Facilities District No. 88-12 of the County of Riverside 18 DATE: ATTEST: , 1991 By: Clerk of the Board of Supervisors, Ex Officio the Legislative Body of Community Facilities District No. 88-12 of the County of Riverside CITY OF TEMECULA DATE: ATTEST: , 1991 By: Mayor By: City Clerk Approved as to form: By City Attorney TJD:ay/db 1/22/91 274a 19 EXHIBIT "E" BILL OF SALE For a valuable consideration, receipt of which is hereby acknowledged Community Facilities District No. 87-1 of the County of Riverside as SETteR, hereby bargains, conveys, and grants unto the EASTERN MUNICIPAL WATER DISTRICT, a public agency of the State of California, the following described personal property, such conveyance to become effective upon the construction, installation, and acceptance by the District of such personal property as described below: All EMWD (Water) Facilities financed and constructed by SET.v2R pursuant to the "Joint Financing and Construction Agreement Among Community Facilities District No. 87-1 of the County of Riverside and Eastern Municipal Water District dated SELLER hereby warrants that the above-described facilities are free and clear of any and all encumbrances. In this regard SELT~R hereby agrees to protect and defend the DISTRICT'S ownership herein. SELLER further agrees to Indemnify the DISTRICT for any and all loss which may be occasioned or suffered by the DISTRICT as a result of any claims by others as to clear title to the facilities covered hereby. EXHIBIT "E" Page i of 2 This Agreement is binding on the heirs, representatives, successors, and assigns of the parties hereto. Subscribed and sworn to before me this day of 19 . Notary Public in and for the State of California Expiration Date Firm Name: By: Date: TO BE SIGNED UPON PROJECT COMPLETION ONLY EXHIBIT "E" Page 2 of 2 sff/AGR113438r ACQUISITION AGREEMENT BETWEEN THE CITY OF TEMECULA AND TOMOND PROPERTY, A CALIFORNIA LIMITED PARTNERSHIP THIS ACQUISITION AGREEMENT (the "Agreement") is made and entered into as of , 1990 by and between THE CITY OF TEMECULA, a municipal corporation ("City") and TOMOND PROPERTIES, a California general partnership, ("Property Owner"). RECITALS A. The Board of Supervisors ("Board") of the County of Riverside ("County") adopted Resolution No. 89-449 ("Resolution of Formation") on September 26, 1989 completing proceedings for the formation of Community Facilities District No. 88-12 (Ynez Corridor) ("CFD No. 88-12") pur- suant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing at Section 53311 of the California Government Code ("Act") as shown on the boundary map attached hereto as Exhibit "A". CFD No. 88-12 was formed to provide financing for the construction and acquisition of certain public facilities which include certain road facil- ities to be owned and maintained by City ("Road Facilities") as depicted and enumerated in Exhibit "B" which is attached hereto and incorporated herein. -1- sff/AGRl13438r B. The proceedings to establish CFD No. 88-12 included a special election wherein the qualified electors authorized bonded indebtedness in an aggregate principal amount not to exceed $60,000,000 and authorized an annual levy of a special tax (the "Special Tax") within CFD No. 88-12 to fund debt service on bonded indebtedness incurred. C. Property Owner, prior to the adoption of Resolution of Formation, constructed the Road Facilities, which had been identified in Resolution No. 90-390 (the "Resolution of Intention"), adopted by the Board on July 25, 1989, as facilities that CFD No. 88-12 would acquire on behalf of City consistent with the appropriate sections of the Act. D. Prior to the construction of the Road Facili- ties, City reviewed and approved the plans and specifica- tions for the construction of the Road Facilities and inspected said facilities during the course of their con- struction. E. CFD No. 88-12 presently anticipates the issu- ance and sale of its Series 1991 Bonds (the "Series 1991 Bonds") in the principal amount of $12,869,193 in February , 1991. The proceeds of the Series 1991 Bonds will be used in part to acquire the Road Facilities on behalf of City. -2- sff/AGRl13438r AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties agree as follows. 1. Sale of the Series 1991 Bonds and Use of the Proceeds. CFD No. 88-12 will proceed with the issuance and sale of the Series 1990 Bonds at such time and in such amount as CFD No. 88-12 in its discretion, after consulta- tion with the City regarding the Road Facilities, may deter- mine is appropriate. The proceeds of the Series 1990 Bonds will be used, in part, to acquire, on behalf of City, the Road Facilities for the dollar amounts shown on Exhibit "B". 2. Completion of Road Facilities. Property Owner will provide to City copies of the Notice of Completion that it has caused to be recorded with the Office of the County Recorder for the County of Riverside regarding the Road Facilities. Property Owner shall provide to City copies of all labor and material lien releases which it has received from the contractors it retained to construct the Road Facilities. 3. Acceptance. City agrees to accept title to, and provide service through, the Road Facilities, subject to certification by City that such Facilities have been com- pleted in accordance with the plans and specifications and provided that title to the Road Facilities is free of all -3- sff/AGR113438r liens and encumbrances not otherwise acceptable to City. In this regard, it is specifically understood and agreed that City shall not be obligated to accept title or to operate and maintain the Road Facilities until satisfactory final inspection and testing thereof by the City has been completed and all easement and deed documents have been received by City. 4. Conveyance of Title. City shall cause to be prepared those deeds or easements by which dedication or transfer of title to City of the land or rights-of-way on and over the property on which the Road Facilities are constructed will be accomplished. Conveyance of title to the City of said Road Facilities shall be free of all liens and encumbrances except those easements and other matters of record that will not interfere with the use or maintenance of the Road Facilities. 5. Use of Road Facilities. Upon conveyance of title to the Road Facilities and acceptance of ownership, said Road Facilities shall become and remain the sole and separate property of City and shall be operated, maintained and utilized by City to serve the territory within CFD No. 88-12 and other lands pursuant to applicable City rules, regulations, policies and procedures as they may be amended from time to time by the City Council of the City. -4- sff/AGRll3438r 6. Maintenance. Prior to the transfer of ownership of the Road Facilities to City, Property Owner shall be responsible for their maintenance. Upon acceptance of the Road Facilities by City, City shall be solely responsible for the maintenance thereof and all rights, duties and obligations of Property Owner for said maintenance shall terminate. 7. No Obligations Assumed. Nothing herein shall be construed as requiring CFD No. 88-12 to issue or sell the Series 1991 Bonds pursuant to the Act or any other law or regulation requiring the construction of the Road Facilities. 8. Indemnification. Property Owner shall assume the defense of, indemnify and hold harmless City and its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, (i) the actions of Property Owner required in the performance of this Agreement and (ii) the design, engineering and construction of the Road Facilities designed, engineered and constructed by Property Owner; provided that, the actions, damages, claims, losses and expenses covered by this paragraph shall be those arising out of events which occur during the period up to the acceptance of the Road -5- sff/AGR113438r Facilities by City whether or not an action or claim is filed by the date of acceptance of the Road Facilities; and provided further that, nothing in this paragraph shall limit, in any manner, City's rights against any of Property Owner's architects or engineers. No provision of this Agreement shall in any way limit the extent of the responsibility of Property Owner for payment of damages resulting from its own operations or the operations of any of its agents or employees. City shall assume the defense of, indemnify and hold harmless Property Owner and its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, the actions of City taken in the performance of this Agreement and the operation and maintenance of the Road Facilities from the date said facilities are accepted by City. No provision of this Agreement shall in any way limit the extent of the responsibility of City for the payment of damages resulting from its own operations or the operations of any of its contractors, agents or employees. 9. Effective Date and Termination. This Agreement shall become effective and of full force and effect as of the date (the "Effective Date") on which CFD -6- sff/AGRl13438r No. 88-12 sells and issues the Series 1990 Bonds. Should CFD No. 88-12 be unable to sell the Series 1990 Bonds, this Agreement shall terminate and be of no further force and effect. 10. Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any party or other person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post office, registered or certified, postage prepaid, addressed as follows: Property Owner: Tomond Properties City: City of Temecula P.O. Box 3000 Temecula, California 92390 Attention: City Manager Each party can change its address for delivery of notice by delivering written notice of such change of address to the other parties within twenty (20) days of such change. 11. Captions. Captions to sections of the Agreement are for convenience purposes only and are not part of this Agreement. 12. Severabilitv. If any portion of this Agreement is declared by a court of competent jurisdiction -7- sff/AGR113438r to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforce- able provision had not been a part of this Agreement. 13. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 14. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided herein. 15. Amendments. This Agreement may be amended or modified only in writing signed by all of the parties. 16. Rxhibits. The following exhibits attached hereto are incorporated into this Agreement by reference. Exhibit wAw wB~ Description Boundary Map of CFD No. 88-12 Road Facilities Description and Purchase Price -8- sff/AGR113438r 17. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF TEMECULA By Ron Parks, Mayor ATTEST: By David F. Dixon, City Clerk APPROVED AS TO FORM: By: Scott F. Field, City Attorney TOMOND PROPERTIES, a California general partnership By John C. Raymond, Trustee of the John and Caroline Raymond Family Trust Dated September 26, 1984 General Partner -9- sff/AGR113438r EXHIBIT BOUNDARY MAP OF CFD NO. 88-12 -10- sff/AGRl13438r EXHIBIT "B# ROAD FACILITIES DESCRIPTION AND PURCHASE PRICE -11- EXHIBIT B COST SUMMARY FOR FACILITES TO BE ACQUIRED BY THE CITY OF TEMECULA UNIT QUANTITY UNIT ITEM if DESCRIPTION PRICE I STREET FACILITIES L.S. I 767,520.66 2 STREET LIGHTS &UTILITIES L.S. I 259,040.()6 3 GRADING L.S. I 87,087,00 4 LANDSCAPING L,S. 1 62,109.63 GRAND TOTAL COST 767,520.66 259,040.06 87,087.00 62,109.63 1,175,757.35 JN 04020-0505 Page I 15-Jan-91 EXHIBIT B STREET FACILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA UNIT QUANTTTY ITEM # DESCRIFTION STREET FACILITIES I REMOVAL OF 77,385 S.F. L.S. 2 SUBGRADE - BALANCE & COMPACT S.F. 3 .28 AC OVER .89 CLASS II BASE S.F. 4 FOG SEAL S.F. 5 CURB & CROSS GUTTER & SPANDREL GRADE W/6' BASE L.S. 6 TYPE °A" CURB & GUTrER L.F. 7 CROSS GUTTER & SPANDREL S.F. 8 SIDEWALK GRADE LS. 9 REFLECTORS TYPE "F" LS. 10 REMOVAL - EXTRA L.S. 11 INCREASED SECTION TO .36 AC OVER .90 CLASS II 12 TRAFFIC CONTROL o EXTRA 13 AC & BASE - EXTRA 14 743TON CLASS II BASE 15 DUMP TRUCK 16 966 HAUL 14 LOADS 17 6° SIDEWALK W/RAMPS 18 24' RCP 19 18' RCP 20 14' CATCH BASIN 21 10' CATCH BAISN 22 28' CATCH BASIN 23 #1 MANHOLE 24 RIP RAP 25 CUT & REMOVE CONCRETE 26 LABORER WI TRUCK & TOOLS 27 416 BACKHOE 28 PLASTIC CEMENT 29 ONE TON TRUCK & EQUIPMENT 30 500C BACKHOE 31 PIPE & MATERIALS 32 3/4' CONDUIT, 100 FT. TRENCH & BACKFILL FOR 110 POWER TO PEDESTALS 33 TRAFRC CONTROL 34 24" RCP CLASS IV 35 54" RCP CLASS IV 35 54' RCP CLASS IV 37 MANHOLE #4 38 MANHOLE #1 LS. L.S. L.S. L.S. HR. L.S. S.F. LF. L.F. EA. EA. EA. EA. LS. LF, HR. HR. EA. HR. HR. L.S. L.S. L.S. LF. L.F. L.F. EA. EA. 1 77,385 77,385 77,385 1 1,760 2,261 1 1 1 1 1 1 1 14 1 11,880 490 247 1 1 1 1 1 16 28 7 5 5 8 1 1 1 10 168 469 1 1 PRICE 35.550.00 0.10 1.19 0.02 3,700.00 6.50 2.75 800.00 200.00 5,500.00 13,766.00 6,754.00 8,700.00 5,201.00 50.00 1,120.00 2 39.37 3,600.00 4,000.00 5,750.00 2,400.00 500.00 11.00 7.00 25.00 55.10 565.00 2,500.00 39.37 118.00 94.00 5,100.00 2,400.00 COST 35,500.00 7,738.50 92,088.15 1,547.70 3,700.00 11,440.00 6,217.75 800.00 200.00 5,500.00 13,766.00 6,754.00 8,700.00 5,201.00 700.00 1,120.00 23,760.00 19,291.30 8,151.00 3,600.00 4,000.00 5,750.00 2,400.00 500.00 176.00 840.00 455.00 125.00 520.00 55.10 565.00 2,500.00 393.00 19,824.00 44,086.00 5,100.00 2,400.00 Jr,' 0_'020-OF, C~.r Page I 19-Dec-eg EXHIBIT B STREET FACILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA UN~ QUANTITY ITEM # DESCRIPTION 39 HEADWALL D-86B EA. 40 HEADWALL WI CUTOFF WALL EA. 41 BRICK & MORTAR PLUG EA. 42 EARTH CHANNEL L.F. 43 A.C. PAVING TON 44 54' RCP CLASS IV L.F. 45 LABOR HR. 46 HOE HR. 47 54" CROSSING SLURRY C.Y. 48 18° RCP L.F. 49 18" STUBOUT EA. 50 CONCRETE HEADWALLS EA. 51 CONCRETE APRON EA. 52 RCB 10x5 L.F. 53 REMOVE EXISTING HEADWALL EA. 54 REMOVE EXISTING WINGWALL EA. 55 EXCAVATION LS. 56 RIP RAP LS. 57 ASPHALT FOR RCB CROSSING L.S. 58 TRAFFIC CONTROL L.S. 59 BACKFILL CONCRETE BOX CULVERT L.S. 60 BASE MATERIAL LS. 61 RIP RAP LS. 62 WATERLINE RUN L.S. 63 REBUILD SLOPE BOX CULVERT L.S. 64 BACKFILL LS. 65 BOX CULVERT L.S. 66 450 DOZER HR. 67 416 BACKHOE HR. 68 BACKHOE HR. INCIDENTALS I ENGINEERING LS. 2 CONSULTANTS LS. 3 TESTING &STUDIES LS. 4 PROJECT ADMINISTRATION LS. 5 SUPERVISION L.S. 6 LETTER OF CREDIT FEES L.S. 7 STAKING LS. 1 1 1 40 45 37 6 2 227 20 1 2 1 300 2 2 UNIT PRICE 13,700.00 4,100.00 200.00 9.50 68.00 118.00 30.00 29.15 · ITEMS 48-58 'ITEMS59-61 COST 13,700.00 4,100.00 2O0.00 380.OO 3,060.00 4,366.00 180,00 130.00 6,617.05 158,025.00 11,412.76 · iTB,4S 62-64 4,127.00 I 13,452.66 13,452.66 2 65.00 130.00 2 65.00 130.00 3 65.00 195.00 SUBTOTAL 565,704.97 I 42,039.64 42,039.64 I 20,730.03 20,730.03 1 22,717.97 22,717.97 I 61,514.16 61,514.16 I 8.711.24 8,711.24 I 22,796.96 22,796.96 I 23,305.48 23,305.48 SUBTOTAL 201,815.69 GRAND TOTAL 767,520.66 JN 04020-0505 Pa?e 2 19-Dec-93 EXHIBIT B STREET LIGHTS & UTILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA UNIT QUANTITY UNIT ITEM # DESCRIPTION PRICE UTILITIES I TRENCHING LF. 3,114 3.45 2 5" CONDUIT L.F. 4,000 4.60 3 4" CONDUIT L.F. 335 4.40 4 3" CONDUIT L.F. 1,260 3.45 5 2"' CONDUIT L.F. 400 2.35 6 5'xl 0'6x7 PMH EA. 1 4,400.00 7 8x10 SLAB BOX EA. I 2,525.00 8 3xSx4 PB EA. 2 1,610.00 9 4'x4'6° TRANS PAD EA. I 665.00 10 13°x24"x12'' HH EA. 4 175.00 11 11"x17"x12" HH EA. I 110.00 12 TRENCHING NOT JOINT L.F. 350 3.45 13 4' GT-80 CONDUIT LF. 8,652 3.51 14 5~x,10'6"x6' MH EA. 5 4,431.00 15 3'x4'X5' PB EA. I 2,050.00 16 PORTABLE TOILET EA. 9 57.20 17 PORTABLE TOILET EA. I 57.30 18 INSTALLATION OF DETECTOR L.S. I 1,680.00 19 LABOR HR. 3 30.00 20 TRUCK & TOOLS HR. 3 20.00 21 MISC. COPPER FITRNG &PIPE LS. I 12.90 22 GTE MANHOLE L.S. I 6,966.00 23 416 BACKHOE HR. 17.0 65.00 24 PIPE L.F. 180 2.40 25 LABORERS W/TRUCK &TOOLS HR. 54.5 30.00 26 1 -TON TRUCK W/TOOLS HR. 36.5 25.00 27 WATER TRUCK HR. 9 50.00 28 STANDBY WELDER HR. 2 45.00 29 SPECIAL TEE WI 24' OUTLET EA. I 485.48 30 500C BACKHOE HR. 16 65.00 31 AIR COMPRESSOR HR. 6.5 15.00 32 REMOVE TOP 8'xl 0' SLAB BOX LS. 1 561.00 33 MATERIALS LS. 1 963.00 34 RANCHO WATER CHARGE L.S. I 77/1.29 35 GTE DEPOSIT LS. I 1,432.00 35 GTE RELOCATE LINES LS. I 14,421.00 37 RANCHO WATER METER DEPOSIT EA. 3 750.00 38 SO. CA. EDISON CHARGE LS. 1 39 SO. CA. EDISON DEPOSIT L.S. I 4,203.84 40 G.T.F_ CHARGE L.S. I 1,527.94 41 INSPECTION FOR RTAP SEWER L.S. I 24,860.00 42 PP INSPECTION FILING FEE L.S. I 45.00 COST 10,743.30 18,405.00 1,474.00 4,347.00 940.00 4,400.00 2,525.00 3,220.00 700.00 110.00 1,207.50 30,368.52 22,155.00 2,050.00 514.80 57.30 1,680.00 90.00 60.00 12.90 6,966.00 1,105.00 432.00 1,635.00 912.50 450.05 485.48 1,040.00 97.50 561.00 7,771.29 1,432.00 14,421.00 2,250.00 8,333.68 4,203.84 1,527.94 14,457.79 45.00 JN 0~020-0505 Page 1 19-Dec-g0 EXHIBIT B STREET LIGHTS & UTILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA UNIT QUANTITY UNIT 'ITEM # DESCRIPTION PRICE 43 FINAL MAP CHECKING FEE LS. I 1,828.25 44 RANCHO WATER INSPECTION FEE LS. I 600.00 45 EASTERN DISTRICT INSPECT. FEE LS. I 750.00 46 GRADING REVIEW L.S. I 165.00 47 RIVERSIDE COUNTY FEE LS. I 400.00 48 RIVERSIDE COUNTY INSPECTION LS. I 27,749.00 49 PM 23354 FEE LS. I 15.00 50 DEPT. FISH &GAME FEE LS. I 125.00 51 RIVERSIDE COUNTY FEE LS. I 115.00 SUBTOTAL INCIDENTALS I ENGINEERING LS. I 10,770.18 2 CONSULTANTS LS. I 5,636.88 3 TESTING & STUDIES L.S. I 5,598.94 4 PROJECT ADMINISTRATION LS. I 16,068.36 5 SUPERVISION LS. 1 2,275.50 6 LETTER OF CREDIT FEES LS. I 5,954.89 7 STAKING LS. 1 6,087.72 SUBTOTAL GRAND TOTAL COST 1,828.25 600.00 750.00 165.00 400.00 27,749.00 15.00 125.00 115.00 206,647.59 10,770.18 5,636.88 5,598.94 16,068.36 2,275.50 5,954.89 6,087.72 52,392-47 259,040.06 ,1~ 0~O?O-O50E Pa~e 2 1P-De~-gD EXHIBIT B GRADING & LANDSCAPING TO BE ACQUIRED BY THE CITY OF TEMECULA ITEM l' DESCRIFTION GRADING I ROUGH GRADE LANDSCAPING 2 3 4 5 6 7 LANDSCAPING GRADING & LANDSCAPE PREP. LANDSCAPE ARCHITECTURE PINUS CANARIENSIS PLANTAN U S ACERI FOLIA SALES TAX UNIT QUAN'ITFY' UNIT PRICE L.S. I LS. L.S, LF, EA, EA. LS. 87,087.00 SUBTOTAL COST 87,087.00 87,087.00 I 40,771.8.5 40,771.85 I 20,133.00 20,133.00 I 402.83 402.83 I 114.00 114.00 6 106.50 639.00 I 48.95 48.95 S U BTOTA L 62,109.63 GRAND TOTAL 149,196.63 JN 04020-0505 Page 1 19-Dec-90 ITEM NO. 17 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: MEETING DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT CITY MANAGER/CITY COUNCIL SCOTT F. FIELD, CITY ATTORNEY FEBRUARY 12, 1991 AMENDMENT TO DISASTER RELIEF ORDINANCE RECOMMENDATION: That the City Council introduce and approve the first reading of the Ordinance: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.20, 'DISASTER RELIEF,' OF THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES THEREOF, AND AMENDING DEFINITIONS AND PENAL TIES." DISCUSSION: We have learned from the Governor's Office of Emergency Assistance, ("OES") that certain amendments are needed to the City's disaster relief provisions within its Municipal Code. OES's suggested amendments will help clarify the organizational structure for both preparing disaster plans and responding to actual disasters. After reviewing the recommended revisions from OES, and determining that they have merit, I have made the revisions requested. Primarily the changes requested by OES create a local Disaster Council. This Council will be responsible for preparation of the local disaster plan and developing mutual aid agreements and other items necessary to adequately plan for disaster situations. In addition, the ordinance was further amended to reflect a change in the penalties for violations of the ordinance to be consistent with language in the Municipal Code and State law. FISCAL IMPACT: Minimal at this time in that the amendments to this ordinance reflect formalization of the current informal planning process. ATTACHMENTS: - The subject ordinance. ORDINANCE NO. 91-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMF~NDING CHAPTER 2.20, "DISASTER RELIEF" OF THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES THEREOF, AND AMENDING DEFINITIONS AND PENALTIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.20, "Disaster Relief," of the Temecula Municipal Code is hereby mended to read as follows: "Chapter 2.20 DISASTER RELIEF Sections: 2.20.010 2.20.020 2.20.025 2.20.026 2.20.030 2.20.040 2.20.050 2.20.060 2.20.070 2.20.080 2.20.090 2.20.100 2.20.110 2.20.120 2.20.180 2.20.190 2.20.200 2.20.210 2.20.220 2.20,230 General Purposes. Definitions. Disaster Council Established, Membership. Disaster Council Powers and Duties. Disaster Corps. Disaster Corps -- Activation. Disaster Director. Disaster Director -- Powers and Duties. Office of Disaster Preparedness. Powers on Succession. Orders by Members of Disaster Corps. Line of Succession for Council Members. Emergency Operating Centers. Prohibited Acts During Emergencies. Proclamation of Emergency -- Determination -- Authority. Proclamation of Emergency -- Effective When -- Term. Proclamation of Emergency -- Rules and Regulations -- Powers of Disaster Director. Requisition of Equipment or Personnel. Termination of Emergency. Penalty for Violation. 2.20.010 General purposes. The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the City with the County and with all other public agencies, corporations, organizations, and affected private persons. 2.20.020 Definitions. As used in this chapter: (a) "State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the federal government indicating that such an enemy attack is probable or imminent. (b) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which conditions, by reason of the magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extra ordinary measures beyond the authority vested in the California Public Utilities Commission. (c) "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. (d) Other terms used herein shall have meanings as used in the California Emergency Services Act. 2 2.20.025 Disaster Council Established. Membership. The City of Temecula Disaster Council is hereby created and established and shall consist of the following individuals: (1) The City Manager, who shall be the Chair of the Council; (2) The Coordinator of the Office of Emergency Services, who shall be designated by the City Manager and who shall serve as Vice-Chair of the Council; (3) Such chiefs of emergency services as are provided for in a current emergency plan of this City, adopted pursuant to this Chapter; (4) Such representatives of civic, business, labor, veterans, professional, or the organizations having an official emergency responsibility, as may be appointed by the Coordinator of the Office of Emergency Services with the advice and consent of the City Council. 2.20.026 Disaster Council Powers and Duties. It shall be the duty of the City of Temecula Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The Disaster Council shall meet upon the call of the Council's Chair or in the Chair's absence from the City or inability to call such meeting, upon the call of the Council's Vice-Chair. 2.20.030 Disaster Corps. The City disaster corps consists of all officers and employees of the City and its agencies, together with all volunteers and all groups, orga- nizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the aforementioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the City. The officers of the City shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the City, and to conduct the activities thereof. 2.20,040 Disaster Corps -- Activation. The disaster corps shall be activated and shall function as a disaster relief body, only: (a) Upon the existence of a "state of war emergency"; 3 (b) Upon the declaration by the Governor of the state, or of persons authorized to act in his stead, of a "state of emergency" affecting and including the City; (c) Upon the declaration of a "local emergency" by the Board of Supervisors of Orange County, or by persons authorized to act in its stead, affecting and including the City; or (d) Upon the declaration of a "local emergency" by the City Council of the City, or by persons herein authorized to act in its stead. 2.20.050 Disaster Director. The City Manager shall be the disaster director. In the City Manager's absence or inability to act the City Manager shall automatically be succeeded as disaster director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the City. 2.20.060 Disaster Director -- Powers and Duties. The disaster director shall have the following powers and duties: (a) To make key appointments, and to make all other appointments or delegate the making of the same, within the disaster corps; (b) To request the City Council to proclaim the existence of a "local emergency" if said Council is in session, or to issue such proclamation if said Council is not in session. Whenever a "local emergency" is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review the necessity for continuing the "local emergency" no less frequen~y than every fourteen days until the emergency is terminated; (c) During the existence of a "state of war emergency", or the proclaimed existence of a "state of emergency" or a "local emergency" affecting the City, to: (1) Control and direct the activities of the City disaster corps; (2) Use all City resources for the preservation of life and property and to reduce the effects of disaster; (3) in disaster operations; Resolve questions of authority and responsibility that may arise (4) Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the City for the fair value thereof or by commandeering the same; 4 (5) Delegate to elected and appointed officials of the City such duties and authorities as he deems necessary; (6) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein; (7) Require performance of emergency services by any City officer or employee and to command the aid of as many citizens of the City has he thinks necessary in the execution of his duties; and (8) Exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws; (d) In addition to the powers granted herein, the director shall have such powers incidental to the performance of his duties as shall be necessary to allow him to carry out the disaster operations plan of the City, it being the intent of this Chapter that the enumerated powers herein are not limitations upon his powers. 2.20.070 Office of Disaster Preparedness. There is created the City Office of Disaster Preparedness, which shall consist 0f such positions as may be established by the City Manager. 2.20.080 Powers of Succession. Each person who shall succeed to each position or office as provided herein, and as provided in the disaster operations plan of the City shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. 2.20.090 Orders By Members Of Disaster Corps. During the existence of a "state of war emergency" or of a proclaimed "state of emergency" or "local emergency" affecting the City, each member of the City disaster corps shall have authority to require that all persons shall follow reasonable orders given by him within the scope of his functions in order to execute the disaster operations plan of the City, and the willful failure of any person to follow such reasonable order or orders is a misdemeanor. 2.20.100 Line Of Succession For Council Members. The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the City Council, shall be Mayor pro tempore followed by the remaining City Council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8638 of the Government Code of the State. 5 2.20.110 Emergency Operating Centers. Unless exigencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the City; one of these at the City Hall, and the other at the police headquarters. 2.20.120 Prohibited Acts During Emergencies. It is a criminal act and a misdemeanor for any person during a state of emergency, war emergency, local emergency or other condition of disaster: (a) To willfully obstruct, hinder or delay any member of the City disaster corps in the enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such disaster corps member by virtue of this chapter; (b) To do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or (c) To wear, carry or display, without authority, any means of identification specified by the emergency services of disaster or civil defense agencies of the federal or state governments. 2.20.180 Proclamation Of Emergency -- Determination -- Authority. Whenever riots, general civil disobedience, multiple law violations or the threat of the same occur in the City, the disaster director, or in the event of his inability to act, the chief of police, may determine that a local emergency exists. At such time the disaster director shall forthwith proclaim in writing the existence of a state of local emergency. He shall cause widespread publicity and notice to be given to such proclamation. 2.20.190 Proclamation Of Emergency -- Effective When -- Term. The proclamation of local emergency provided herein shall become effective immediately upon its issuance and shall be disseminated to the public by appropriate news media. Such a state of local emergency shall exist from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated by the disaster director. 2.20.200 Proclamation Of Emergency -- Rules And Regulations -- Powers Of Disaster Director. After the issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by said emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the City Council. In addition to those powers and duties set forth in Section 2.20.060, the disaster director is granted, but shall not be limited to, the following powers: (a) CURFEW. The disaster director may order a general curfew applicable to the entire City or such geographical areas thereof as he deems necessary to protect the public health, safety, welfare and morals. As used herein "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or toototing upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and other such personnel as well as those specifically authorized to duty by duly delegated authority are exempted from the foregoing curfew requirements; (b) BUSINESS CLOSING. The disaster director may order the closing of any business establishments anywhere within the City, such businesses to include but not be limited to those selling alcoholic beverages, gasoline or firearms; (c) ALCOHOLIC BEVERAGES. The disaster director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages shall be found by the disaster director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency; (d) WEAPONS. The disaster director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property; (e) CLOSED AREAS. The disaster director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency. The foregoing specific authorizations of authority vested in the disaster director and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 2.20.210 Requisition Of Equipment Or Personnel. Once a proclamation of emergency is issued, the disaster director may request from the Governor all necessary assistance, requisition necessary personnel or materials from any City department or other source, control and direct all City personnel and equipment, obtain vital supplies and such other properties found lacking and needed for the protection of life and property, and bind the City for the fair value thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency. 7 The disaster director may also require emergency services of any City official or employee and may command the aid of as many citizens of this City as he determines to be necessary in the execution of his duties. Such person shall be enti~ed to all privileges, benefits and immunities as are provided by State or local law for registered civil defense and disaster worker volunteers. 2.20.220 Termination Of Emergency. Any state of local emergency proclaimed in accordance with the provisions of this chapter shall terminate after forty-eight hours from the issuance thereof or upon the issuance of a proclamation terminating the emergency by the disaster director, whichever occurs first; provided, however, that such emergencies may be extended for additional periods of time as deemed necessary by the disaster director. 2.20.230 Penalty For Violation. Any person violating any provision of this Chapter or any executive order issued pursuant thereto is guilty of a misdemeanor and subject to punishment in accordance with Section 1.01.230 of this Code. It shall also be a misdemeanor, subject to punishment in accordance with Section 1.01.230 of this Code, for any person during an emergency, to: (1) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Chapter, or in the performance of any duty imposed upon him by virtue of this Chapter. (2) Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. (3) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the State." SECTION 2. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. This Ordinance shall be in full force and effect thirty days after its passage. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this day of ,1991. AT'FEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of , 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of , 1991, by the following vote, to wit: COUNCILMEMBERS: NOES: C OUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F. Field, City Attorney 9 CALL TO ORDER: ROLL CALL: PRESENTATIONS/ PRO CLA MA TIONS A GENDA TEMECULA COMMUNITY SERVICES DISTRICT A REGULAR MEETING FEBRUARY 12, 1991 Birdsall, Lindemans, Moore, Parks, Mu~oz PUBLIC COMMENTS CSD BUSINESS 1. Minutes RECOMMENDATION: 1.1 Approve the minutes of January 22, 1991, as mailed. Parks and Recreation Master Plan RECOMMENDATION: 2.1 Authorize the Landscape Architecture firm of Purkiss-Rose to develop the city-wide Parks and Recreation Master Plan, which will be the Parks and Recreation element of the City's General Plan. COMMUNITY SERVICES DIRECTOR REPORT BOARD OF DIRECTORS REPORTS ADJOURNMENT Next meeting: February 26, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California ITEM NO. 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD JANUARY 22, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:50 PM. PRESENT: 4 DIRECTORS: Lindemans, Moore, Parks, Mu~oz ABSENT: 1 DIRECTORS: Birdsall Also present were City Manger David F. Dixon, City Attorney Scott F. Field and June S. Greek, Deputy City Clerk. PUBLIC COMMENTS None given. CSD BUSINESS 1. Minutes It was moved by Director Lindemans, seconded by Director Parks to approve the minutes of January 8, 1991, as mailed. The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: I DIRECTORS: Mid-year Budflet Review Lindemans, Moore, Parks, Mu~oz None Birdsall Finance Officer Mary Jane Henry introduced the staff report. Shawn Nelson, Director of Community Services, reported that the Mid-year Budget was unanimously approved by the Parks and Recreation Commission. Councilmember Lindemans asked why the beginning balance for the CSD had been adjusted down. Mary Jane Henry explained the original figure was only an estimate, and the figure before Council is the actual balance. 4/MinuteslO 12291 - 1 - 01/28/91 CSD Minutes January 22, 1991 Director Parks asked if the County agrees with the fund balance. Ms, Henry stated the County has not responded as to whether it agrees or disagrees. City Manager Dixon stated staff is working toward having these funds released by the County. President Mu~oz suggested a call to the County from both the Mayor and from himself, acting as President of the Community Services District might be effective. It was moved by Director Parks, seconded by Director Moore to adopt a resolution to amend the annual operating budget of the Temecula Community Services District for the Year 1990-91 entitled: RESOLUTION NO. CSD 91-01 A RESOLUTION OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1990-91 ANNUAL BUDGET FOR CHANGES IN ESTIMA TED REVENUES AND APPROPRIATIONS. The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 1 DIRECTORS: Lindemans, Moore, Parks, Mu~oz None Birdsall Sports Park Restroom/Snack Bar Project Shawn Nelson, Director of Community Services, introduced the staff report. It was moved by Director Parks, seconded by Director Moore to: 3.1 3.2 3.3 Approve the Sports Park Restroom/Snack Bar Project; Authorize RBA Architects to prepare plans and specifications; Authorize staff to advertise for formal bids on this project. 4/Minutes/012291 -2- 01/28/9 ! CSD Minutes January 22, 1991 The motion was carried by the following vote: AYES: 4 DIRECTORS: Lindemans, Moore, Parks, Mu~oz e NOES: 0 DIRECTORS: None ABSENT: I DIRECTORS: Birdsall iq ward Contract for Sports Park Ballfield Lighting Project- Phase One Director of Community Services Shawn Nelson introduced the staff report. It was moved by Director Parks, seconded by Director Lindemans to award construction contract for Phase One of the Sports Park Ballfield Lighting project to Assured Electrical, Inc. The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: I DIRECTORS: l a Serena Park Lindemans, Moore, Parks, Mu~oz None Birdsall Shawn Nelson, Director of Community Services, introduced the staff report. Director Lindemans stated he met with staff on this project and feels that if the developer makes this property available and it will benefit the community and that Quimby Fee credits should be received. City Manager Dixon suggested that the Board direct staff to work with the developer to negotiate some Quimby Fee credit for this project. It was moved by Director Parks, seconded by Director Moore to accept donation of this 13.2 acre property (2.5 acres developed) on La Serena Way and approve development improvements to park area. Improvements include installing concrete split-rail perimeter fencing, creating two sand areas, and installing playground equipment to those sand areas, and further to direct staff to evaluate Quimby fees and credit given. 4/Minutes/012291 -3- 01/28/91 CSD Minutes The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 1 DIRECTORS: January 22, 1991 Lindemans, Moore, Parks, Mu~oz None Birdsall COMMUNITY SERVICES DIRECTOR REPORT Shawn Nelson, Director of Community Services reported that staff will be screening the final four consultants for the Parks and Recreation Master Plan, and a recommendation will be coming to the Board on February 12, 1991, Mr. Nelson stated that the Phase Two Lighting Project will be advertised for bids on February 1, 1991. CITY ATTORNEY REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Moore, seconded by Director Lindemans to adjourn at 9:15 PM to a meeting on February 12, 1991, at 8:00 PM, at the Temporary Temecula Community Center. The motion was unanimously carried with Director Birdsall absent. ATTEST: June S. Greek, Deputy City Clerk Sal Mu~oz, President 4/Minutesl012291 -4- 01/28/91 ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA A GENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON FEBRUARY 12, 1991 PARKS AND RECREATION MASTER PLAN PREPARED B~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Authorize the Landscape Architecture Firm of Purkiss-Rose to develop the city-wide Parks and Recreation Master Plan, which will be the Parks and Recreation Element to the City's General Plan. FISCAL IMPACT: The development of the master plan will not exceed $68,000. This amount has already been budgeted and approved by the Board of Directors in account//019-190-5248. DISCUSSION: The purpose of developing a parks and recreation master plan is to identify the existing conditions of the City, develop acceptable park standards, project future population increases, identify future capital development projects, develop financing strategies, and identify project priorities. The intent is to develop a functional document that will define an orderly process to address the capital development and recreation needs of the City of Temecula. Purkiss-Rose will develop a twenty (20) year master plan, with a five (5) year capital improvement plan (CIP). This approach will not only serve as a tool for long range planning, but it will also develop short range objectives through the five (5) year CIP. This extensive planning document will be the Parks and Recreation Element to the City's General Plan. A Parks and Recreation Master Plan Technical Sub-Committee will be formed with representatives from the Temecula Sports Council, Temecula Valley Unified School District, cultural and theatrical groups, and special event organizations. A member of the Parks and Recreation Commission will chair the Technical Sub-Committee. The objective is to have 10 to 15 members on the Master Plan Technical Sub-Committee that cover a broad spectrum of recreation interests, as well as interfacing with the General Plan Coordinating Committee. Telephone surveys and public hearings will be involved in the development of the planning document to ensure a high level of community participation. The final document will be approved by the Parks and Recreation Commission, the Planning Commission, and the Board of Directors. It is projected that the final document will be completed within six (6) months from the beginning date. Enclosed is a copy of the scope of work associated with the development of the master plan for your review. FE3 Q? '91 11:05 906 PEI2 PIJRK I SS-ROSE · .rose February 7, 1991 ~'. Gary King Park Development Coordinator 43172 Business Park Drive Temecula, CA 92390 Subject: Proposal for the 20 year Parks and Recreation Master Plan for the City of Temecula Dear Gary: ,,1, ~l~.)~i', Enclosed please find the scope of services to provide professional services to develop the Master Plan. We look forward to beginning the process and learning more of the history of Temecula. As we discussed the conceptual design of the four park sites is a "broad brush" approach. If more indepth design or public input is required, we can review our fees and time allotted to produce that product. The fee for the guidelines utilizes the Riverside County Guidelines. We propose to customize the context especially for Teme~:ula, retype and do new graphics as applicable. We would be glad to provide only those services requested. We shall intergrate important design and horticultural elements which may not be in the Riverside County Guidelines. Please call to let me know when we can schedule to start the project. Sincerely, /~ -,~ Stephah'~D, Rose Landscape Architect, A.S.L.A. SR/hs Landscape Architecture 2! ~ .NOrth l!ar~or Boulevard Fu]lertOn. CalifO/nta FAX (714} 87~ .!1~8 (7~.~! 87L3638 ~ ~B ~J'/' '~111: Ub HU~',K. 155-W, USh '~Wb H~J3 SCOPE OF WORK The scope of work describes in detail by task our work plan to devetope the Master Plan for the Temecula Community Services District. Development of the Master Plan will be divided into three separate phases with distinct tasks in each phase: Research and Analysis; Planning; Implementation Plan. The study is a 20 year Master Plan with a 5 year capital improvement plan. PHASE I. RESEARCH AND ANALYSIS The goal of this phase is to develop a credible data base and perform a thorough analysis that will support any policy statements. A. Project Definition/Orientation 1. The consultant team will meet with staff to discuss potential issues, develop a list of contacts, review the status and material of any existing Plans, acquire past relevant studies and finalize the project schedule. 2. Coordination with the City of Temecula and appropriate agencies to exchange information and direction. 3. The consultant will seek an understanding of staffs and the Commission's perceptions of the community's recreational needs, the arrangement with any shared facilities, of the relationship with the School District of the current and future budgets and policy objectives. B. Research and Fact Finding 1. Inventory of Existing Recreation Programs and Facilities Review and Update a. Purkiss-Rose/Alfred Gobar staff will tour existing parks and recreation facilities owned and/or operated by the District and other government entities and review current programming practices. This review would include (but not be limited to) District facilities, public school facilities and county recreation areas (if any}. Trail elements will be identified. b. The consultants will inventory all existing and proposed recreation facilities and programs operated by non-profit and for-profit concerns located within the District and adjacent communities. FEB ~? '91 11:06 PURKISS-ROSE ~ n~ This review would include (but not be limited to) such team sports sponsored by church and charity groups, Little League, Pop Warner and AYSO, youth groups such as scouting, adult sports organization such as tavern softball leagues, community volley- ball and basketball, YMCA's and YWCA~s, and commercial estab- lishments such as health clubs, ice and roller skating rinks, bowling alleys, Karate clubs, dance studios, and golf courses. c. The consultants will identify facilities and programs provided outside of the District which serves local residents. Conversely, the consultants will also determine which facilities are serving outside residents. d. The consultants will question personnel from organizations and workshops to obtain attendance and membership figures, profile participants (e.g., age, residence, length of involvement) and determine the cost to participate. e. The consultants will list available and unavailable recreation services and facilities. Any "gaps"in the recreation menu identified with receive special attention during the demand analysis. C. Available Land Inventory/Analysis The consultants will gain information from the previous plan study, city and county of availability of land in the area. Once the survey of recreation needs is completed, service radius fo~ existing park studies and acreage per 1000 defined, we can better understand any land deficiencies and their locations. This information will be utilized in the planning and implementation phase of the Master Plan. The priorities for land acquisition will also become a major element in the Capital Improvement Plan for the district. Flood plans, basins and all non-buildable sites will be reviewed for park application. O. Economic Analysis The purpose of economic analysis in relationship to parks and recreation planning is essentially to define demand in terms of participation in recreation activities by the residents of the District and the number and type of facilities and programs required to meet these demands. The economic analysis will also address the issue of funding alternatives for the recommended capital improvements along with projections of maintenance and operation costs for the proposed plan. FEB 07 ~91 11:0~ PURKISS-ROSE 906 P05 1. Soc~o-Demograph~c Anal~s~s and Pro~ect~ons a. The Consultants will review and analyze existing data regarding the City's current population base - provided by one of several summary tape processing centers such as Urban Decision Systems, Inc. Due to the lack of definite definitive data for the City of Temecula until the 1990 Census figures become available, the Consultants will also draw upon postal service records, school enrollment figures, data from the Riverside County Planning Department, and any other information available from City sources. In addition, the Consultants will interview the City's Planning Department and major developers with commitments to develope within the service area to define the extent and timing of future population growth. This evaluation will provide estimates of the current population base and projections of future growth in five-year increments for the next 20-year period. Demographic data regarding age, household size, and income characteristics will be gathered in the telephone survey described below. These data will be analyzed in order to identify special populations such as seniors, teens, preschoolors, etc. Sub-area breakdowns will be developed where deemed appropriate or necessary. 2. Survey of Recreation Needs a. The Consultants recommends random telephone interviewing as a means of determining the specific demand coefficients as they apply to Temecula. This survey technique is the most effective method to generate unbiased, detailed and accurate data regarding the true demand for recreation facilities and programs. All of the other methods, while they may provide a broader sample or more in-depth attitudinal information, generate an unacceptable amount of bias which renders any attempt at defining participation rates based on their results tenuous at best. By using a statistically random sampling technique accurate estimates of the proportion of the population base that participates in each of the activities being analyzed can be obtained. Telephone interviewing allows for a more precise definition of the participation rates of the household members than can be obtained by means of a self-administered questionnaire such as in a mail survey. While the primary purpose of the survey will be to determine the participation rates on which to base the needs analysis, additional information regarding current usage patterns, use of private versus public parks, scheduling or maintenance problems, and perceived needs for both facilities and programs can also be addressed and analyzed. The Consultants will prepare a survey questionnaire which will be used in the telephone survey to obtain information regarding the participation profiles of the residents of Upland specific to at least 25 to 30 types of recreation activities. Additional questions will address the resident's current park usage and perceived needs. FEB OT ~91 11:07 PURKISS-Xu5~ b. A professional interviewing firm will be used to conduct the survey and tabulate the results. The Consultants will then calculate participation rates by type of activity for the citizens of Temecula and analyze the other survey results as they apply to the demand analysis. E. Manpower The consultants will gain information about existing staffing for administration, recreation and maintenance. The projection of needs, facilities and development will help us to understand the appropriate staffing level needed to run the department. F. Facility, landscape and irrigation standards The consultants will gain all information of existing facility, landscape and water management standards. They will be reviewed for completeness, accuracy and level of acceptability. The results of the analysis will be incorporated into the Master Plan to set a very high standard for development and on going maintenance. G. Community Workshops The Consultants will conduct a community workshop to review, evaluate and provide a "reality check" on the research and analysis phase of the project. The survey of recreation needs will be reviewed and turned in at this time. The community will be led through a series of input sessions and be informed of the Master Plan process. PHASE II. PLANNING The goal of this phase is to set Goals, Objectives, Policies and develop Implementation measures for an effective recreational service program. The planning phase will give special consideration to funding implementation, development, land inventory and site acquisition, operations and maintenance, and to priorities of development. A. Program/Use Activities Development Plan The Consultant Team shall review descriptions of recreational programs and use activities specifically related to parks and recreational resources within the District. Program development will be defined in terms of community need, physical space/facility requirements, location, operating requirements and cost. Those programs which may be conducted through concession agreements or private operations will also be defined. A schedule of program use activities will be prepared. The schedule program descriptions and private service programs will be organized into the master program development plan. The program date will be a vital resource for determining physical space requirements for facilities, development and acquisition. Revenue generating activities and facilities will also be incorporated. FEB 8V ~91 11:~8 PURKISS-ROSE ~ ~Y B. Park and Factllty Standards 1. A detail of park standards will be developed from data obtained from several sources: a. Using a statistical analysis technique which the Consultants have developed for similar studies done elsewhere, the survey- based participation rates will be converted into peak day demand estimates for each of the types of recreation activities. By applying design standards, which will be developed in conjunction with City staff, an estimate of the number of facilities each type required to satisfy the current and projected demand will be determined. These relationships can be converted into facility standards or demand estimates which relate specifically to Temecula. They will take the format of one facility required for every X thousand population and will be specific to approximately 25 different types of recreation facilities. b. In the course of preparing other park master plans, the Consultants have inventorled facilities in a large number of cities throughout Southern California and related the number of existing facilities to the population base. These data as well as the recreation participation rates and travel time parameters developed by the State Parks and Recreation Department in their 1980-81 study will be used as a test of the validity of the demand estimates derived from the survey. c. In conjunction with Purkiss-Rose, interviews or workshops will be conducted with organized recreation leagues, schools, and other special interest groups to determine their current and projected needs for such facilities as ball fields, tennis courts, basketball courts, meeting rooms, etc. The information obtained will be arrayed and evaluated in light of the survey- based demand estimates and adjustments will be made to these estimates, if necessary. 2. The demand estimates described above will then be evaluated in light of the current inventory of recreation facilities (to be prepared by Putkiss-Rose} to identify surpluses and deficiencies in the existing and planned parks and recreation-related facilites to serve the population base as it exists now and with projections into the future for the City as a whole and by sub-area. The estimates and projections of facilities' needs will be used by Purkiss-Rose to determine the amount and location of developed park land which will match the communities' demand levels. Depending on the types of facilities needed, the type of park-community, neighborhood or special use can be determined. The degree of need will help to establish priorities in developing the capital improvements plan. 3. These standards will then be used to determine current and projected facilities' needs within the District as a whole and by sub-area or service area. These estimates and projections of facilities' needs will be used by the Consultants to determine the amount and location of developed park land which will match the community's demand levels. The degree of need will help to establish priorities in developing the capital improvements plan. C. Multi-use Trails System Based on evaluation criteria developed in Phase I and on the demand analysis and needs statement, we will identify trail locations with feeder connections, widths, paving, trail heads, and basic design concepts for an overall multi-use trails system. The system will include evaluation of trails to proposed acquisition. Opportunities and constraints will be reviewed. Proposed linkages will be presented as a part of this study. O. Costing and Funding P1 an The Consultant Team shall organize and describe cost categories relevant to acquisition, development, revenue sources, capitalization and operations of the recreation development plan. 1. Priorities for Capital Improvements Facilities enhancement and new development of existing facilities plan. Based on the consensus arrived at for proposed land uses, the Consultant Team shall prepare recommendations for existing park sites and facilities making specific recommendations for new facilities or development. Priorities for development will be set. Specific sites for conceptual plans will be prepared for Rawhide Park, 40 acre site, 20 acre middle school site and a typical softball complex. Implementation and material standards will be established as part of this study. b. Recreational resource/land acquisition plan Based upon the analysis of land and recreational resources appropriate and necessary for acquisition, an acquisition plan will be prepared. The acquisition plan will provide ranking of suitability and recommended priorities for acquisition based on need, availability of resources, environmental constraints and relevance to the overall Master Plan. All acquisition considerations will be subjected to criteria developed in the Research and Analysis phase of this work. The District will be researched for readily availability of land. In some cases it will be appropriate to identify a need for land in a densely populated area, appraise its value, and to develop a program for acquisition. 2. Financial Overview FEB 07 '91 11:09 PURKISS-ROSE 906 P09 a. The consultants will prepare cost projections in current dollars for the recommended improvements schedule. The cost estimates will include the following: - Acquisition and Capital Improvements (including property protection/liability reduction, stabilization, access, utilities provision or upgrade and improvements costs) Department and Maintenance (staffing, lighting, irrigation, landscaping, etc.) 3. Fiscal/Economic Impacts For the financial analysis portion of the study, the Consultants will review surveys they have conducted in a sizeable sample of Southern California cities. They will also conduct a literature search as well as draw upon their own experience to create an exhaustive listing of all possible funding sources, both public and private, which can be used to generate the monies needed to implement a capital improvement plan for Temecula parks. Revenue-generating facilities such as a softball complex, equestrian facilities, a tennis center, water-slides, miniature golf, etc., as well as special events such as festivals, swap meets, fairs, etc., will be considered in the evaluation of revenue sources. E. Phasing and Implementation Plan The Consultant Team will organize the recreation development Master Plan in proposed development phases. Phases will be structured in coordination with an implementation strategy, needs, district policies and financial resources. Implementation phases will be clearly defined with options which may be considered in the event conditions change substantially in areas of funding, use/activity requirements, growth demand, etc. F. Operations and Management Plan The Consultant Team will, based on information gained in the previous tasks, prepare an operations and management plan consistent with the requirements and levels of recreational developments defined in the program and land use/facilities improvement plan. Operational requirements will include maintenance, security and land management functions associated with the care and stewardship of property and programs. Maintenance service programs appropriate to the level of development will be described. G. Screen Check Preparation of screen check of all materials, additions, programs and appropriate elements. FEB 07 '91 11:10 PIJRKISS-POSE 906 PlO H. Community Workshop The Consultants will conduct a workshop to obtain input from the community and present background data gathered to date. The workshop will also serve as a method to communicate with the public, agencies as well as special interest groups. PHASE III. MASTER PLAN PREPARATION (IMPLEMENTATION PLAN) A. Final Research, Documentation and Verification of Crittcal Facts After public and agency revtew of the screencheck Master Plan, the Consultant Team will respond to comments with any necessary research, documentation and verification of critical facts. B. Prepare Draft Master Plan 1. Acquisition, Land Use Facilities Plan The Consultant Team will prepare a final District-wide plan showing proposed facilities development including enhancement of existing park sites and development of sites to be acquired. Appropriate sites will be included. 2. Multi-Use Trail System Plan Any existing and proposed trails will be reviewed to include trail locations, trail head locations, standards for width, paving, trail amenities, landscaping, signage, access strategies, implementation strategies and trail construction priorities. 3. Operations and Management Plan The 0 & M information will be finalized into an operating plan specifically linked to the phasing program and to the standards required for continued quality in recreation services, facility maintenance and property management. 4, Implementation P1 an The implementation plan will be finalized and prepared for incorporation within the Master Plan and shall contain the following essential elements: - Recreational program ranking and priorities Facility enhancement and existing resource improvement FEB 07 '91 11:11 PURKISS-ROSE 906 Pll Acquisition program/Site inventory Facilities development - Financial element of acquisition and development Five (5) year and Twenty (20) year capital improvement plan Operations and management structures Potential revenue sources C. Master Plan Review and Update All elements and standards will be reviewed, updated and approved by staff, commission and council. D. Community Workshops The Consultants will conduct a workshop to gather general consensus on the Master Plan. The Capital Improvement Plan and priorities will be a major discussion item. E. Final Master Parks and Recreation Plan Update We shall attend Public Hearings before the Commission and City Council relative to the adoption of the Master Park and Recreation Plan. FEE SCHEDULE Your request for a proposal asked for a plan that will give reliable and implementable guidance to you in the development of your park and recreation services. This plan must be developed in a highly public manner. We have responded completely to your request with the best assessment of our professional knowledge and experience. The process and products we have set forth will produce a plan in which, with scheduled monitoring, you can base decisions for years to come. I have presented our fee to display how the efforts of the consultants will be spent on the preparation of the Master Plan. As requested we have presented separate fees to provide conceptual drawings for four parks and landscape and irrigation guidelines. These fees are presented as follows: Master'Plan for parks and recreation Economic and user need study Telephone survey and tabulation Total S34,000.00 $20,500.00 $13,500.00 $68,000.O0 Schedule of hourly rates: Principal Project Landscape Architect Senior Research Analyst Project Manager Design Draftsman Clerical/Word Processing $150.O0/hour $ 75.00/hour $ 70.O0/hour $ 65.00/hour $ 50.O0/hour $ 40.O0/hour