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071304 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title III AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 13, 2004 — 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:15 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Sections: Potential Litigation Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b)(1) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 2004-07 Resolution: No. 2004-79 Mayor Pro Tern Jeff Comerchero Mario Cuaresma Rabbi Hurwitz of Chabad of Temecula Valley Councilman Washington Comerchero, Roberts, Stone, Washington, Naggar R:\Agenda\071304 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk rp for to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of May 20, 2004 (Budget Workshop) — continued from the meeting of June 22, 2004; 2.2 Approve the minutes of June 8, 2004; 2.3 Approve the minutes of June 22, 2004. 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RAAgenda\071304 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of May 28, 2004 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 28, 2004. Approval of the Plans and Specifications for the Roripaugh Ranch Fire Station Project No. PW03-01, and Authorization to Solicit Construction Bids RECOMMENDATION: 5.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Roripaugh Ranch Fire Station, Project No. PW03-01. 6 Second Amendment — Professional Services Agreement for Design Services — Fire Station Wolf Creek Site, Proiect No. PW01-11 RECOMMENDATION: 6.1 Approve the Second Amendment to the Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $102,088.00 to provide re -design services for the Fire Station Wolf Creek Site, Project No. PW01-11, within the planned Wolf Creek Development and authorize the Mayor to execute the amendment. Standard Pacific will fund the cost of the re -design and any increase to construction costs attributable to the new design. 7 Approve Sponsorship Request for the 2004 Temecula Valley International Jazz Festival RECOMMENDATION: 7.1 Approve the funding request in the amount of $10,000 cash, city -support costs in the amount up to $2,000, and no charge for the use of the Community Recreation Center Amphitheater for the Temecula Valley International Jazz Festival; 7.2 Approve the sponsorship agreement with the Temecula Valley International Jazz Festival and authorize the Mayor to execute the agreement. Authorization of Special Tax Lew in Community Facilities District No. 88-12 (Ynez Corridor RECOMMENDATION: 8.1 Adopt a resolution entitled: R:Wgenda\071304 RESOLUTION NO 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) Professional Services Agreement for Annual Administration of CFDs/AD RECOMMENDATION: 9.1 Approve a one-year professional services agreement for debt service administration for Fiscal Year 2004-2005 for the City's Community Facilities Districts and Assessment District in the amount of $48,000.00. 10 First Amendment — Professional Services Agreement for Design Services — 11 RECOMMENDATION: 10.1 Approve the Facilities Plan for the City's future Maintenance Facility Expansion (Field Operations Center); 10.2 Approve the First Amendment to the Professional Services Agreement with Richard Brady & Associates, Inc. for an amount not to exceed $541,164.00 to provide design services (schematic design, design development and construction drawings) for the Field Operations Center (Maintenance Facility Expansion), Project No. PW03-06 and authorize the Mayor to execute the amendment; 10.3 Authorize the City Manager to approve Amendments not to exceed the contingency amount of $54,116.40 which is equal to 10% of the amendment amount. RECOMMENDATION: 11.1 Appropriate $135,000 in General Fund Reserves to fund a contract change order (CCO) compensating McLaughlin Engineering and Mining, Inc. for a negotiated settlement to excessive delays to the contract; 11.2 Authorize the City Manager to approve the contract change order with McLaughlin Engineering and Mining, Inc., as compensation for delays experienced during the course of the John Warner Road project. R:\Ngenda\071304 12 M. 610 uI�I0in9, LII[a] 0F 12.1 Approve the agreement for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2004-2005 with KRW & Associates for an amount not to exceed $50,000.00, and authorize the Mayor to execute the agreement. 13 Winchester Road Widening at Jefferson Intersection, Project No. PW00-27 Acquisition Agreement, APN 909-271-043 14 15 RECOMMENDATION: 13.1 Approve and authorize the Mayor to execute in substantially the form attached hereto, the Agreement of Purchase and Sale between the City of Temecula and Mike and Lora Elese Bouris, trustees, 70% interest, Gwen N. Bouris, 20% interest and Scott C. and Lynette L. Montgomery, 10% interest, for the acquisition of certain real property in the amount of $81,128.00 plus the associated escrow fees; 13.2 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 13.3 Direct the City Clerk to record the document. RECOMMENDATION: 14.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map 29133; 14.2 Authorize the release of the existing Faithful Performance and Labor & Materials Bonds for Tract Map 29133; 14.3 Direct the City Clerk to so advise the developer and surety. TxiZi a rl�i�l��l7til[iP►A 15.1 Approve Tract Map No. 29798-9, -10 & Fin conformance with the Conditions of Approval; R:\Agenda\071304 16 15.2 Approve Subdivision Improvement Agreement; 15.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. RECOMMENDATION: 16.1 Approve Parcel Map No. 30797 in conformance with the Conditions of Approval; 16.2 Approve Subdivision Improvement Agreement; 16.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. 17 Resolution of Support for Proposition 40 — Clean Water, Clean Air, Safe Neighborhood Parks. and Coastal Protection Bond Act of 2002 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2002 18 Fire/EMS Protection Agreement for Fiscal Year 2004-05 RECOMMENDATION: 18.1 Approve the amended Exhibit "A" to the Fire Protection Agreement for Fiscal Year 2004-05. 19 Fiscal Year 2004-05 Economic Development Operating/Marketing Agreements RECOMMENDATION: 19.1 Approve the operating/marketing agreements and authorize the Mayor to execute the agreements with the following organizations: • The Temecula Valley Chamber of Commerce in the amount of $148,000. • The Economic Development Corporation of Southwest Riverside County in the amount of $22,500. R:Wgenda\071304 • The Southwest California Economic Alliance two-year contract in the amount of $150,000 allocating $75,000 for FY2004-05 and $75,000 for FY2005-06 (subject to Cities' and County satisfaction). 20 Support of Assembly Bill 2430 (Wiggins) — Commercial Air Carriers RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL 2430 (WIGGINS) WHICH WOULD EXCLUDE TRANSPORTATION BY HOT AIR BALLOON FOR ENTERTAINMENT OR RECREATIONAL PURPOSES FROM THE DEFINITIONS OF "COMMERCIAL AIR OPERATOR," AND "AIRCRAFT" UNDER PUC CODE SECTIONS 5500-5512 21 Prescribed Burning Project Agreement RECOMMENDATION: 21.1 Approve and direct the City Manager to sign the agreement. 22 Agreement for Consulting Services Between the City of Temecula and PELA RECOMMENDATION: 22.1 Approve a contract with PELA for landscape plancheck and inspection consulting services in the amount of $100,000.00. 23 First Amendment to Agreement between the City of Temecula and RRM Design Group for Preparation of Design Guidelines RECOMMENDATION: 23.1 Approve a contract amendment with RRM for a one-year extension to June 30, 2005. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY RAAgenda\071304 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-10 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of June 22, 2004. 2 Completion and Acceptance of the Children's I Specifications— Sparks Exhibits and Environrr RECOMMENDATION: 2.1 Accept the completion of Children's Museum Exhibit Designs and Plans and Specifications, Project No. CSD02-0022 and authorize the City Clerk to file the Notice of Completion. R:\Agenda\071304 3 Tract Map No. 26828 — Service Level B, Service Level C and Service Level D Rates and Charges RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NOS. 26828-1, -2 AND FINAL BEGINNING FISCAL YEAR 2005- 2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, July 27, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\071304 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL PUBLIC COMMENTS Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-09 Chairperson Jeff Comerchero AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, Comerchero A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of June 22, 2004. Agreement between Melody's Ad Works and the Redevelopment Agency f 419 KA[I1A007-1 "k 2.1 Approve an agreement with Melody's Ad Works for promoting and marketing Special Events in Old Town. R:Wgenda\071304 10 AGENCY MEMBERS'REPORTS ADJOURNMENT Next regular meeting: Tuesday, July 27, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. RAAgenda\071304 11 **********************************************************#*#***#***4#*##*###**4**4444*44444*44*****4*******4*** TEMECULA PUBLIC FINANCING AUTHORITY ***#************************4********************#***#********##*##*####*########***4***4**4**4*****4************ Next in Order: Ordinance: No. TPFA 2004-01 Resolution: No. TPFA 2004-04 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, Naggar PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak' form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of March 16, 2004. Authorization of Special Tax Lew in Community Facilities District No. 03-1 (Crowne Hill) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) R:\Agenda\071304 12 3 Authorization of Special Tax Lew in Community Facilities District No. 01-2 (Harveston) RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 01-2 (HARVESTON) 4 Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT R:\Agenda\071304 13 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 24 Amendment to the TMC Chapter 15 (Fire Sprinkler Exemption) RECOMMENDATION: 24.1 Continue the public hearing to the meeting of July 27, 2004. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, July 27, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\071304 14 ITEM 1 ITEM 2 MINUTES OF A BUDGET WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL MAY 20, 2004 The City Council convened in a budget workshop meeting at 10:00 A.M., on Thursday, May 20, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. There were no Closed Session items. Present: Councilmembers: Comerchero, Washington, Naggar Absent: Councilmember: Roberts and Stone FLAG SALUTE The flag ceremony was presented by Mayor Pro Tern Comerchero. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS No comments. COUNCIL/DISTRICT/AGENCY BUSINESS Review of the FY 2004-05 Proposed Operating Budget RECOMMENDATION: 1.1 Review and discuss the FY 2004-05 Proposed Operating Budget and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed Operating Budget, highlighting main components such as the following: • Total proposed revenues $49,122,100 o 11.2% increase • Total proposed expenditures $47,168,430 o 7.1%increase Fund Balance Reserved for Economic Uncertainty o Undesignated Reserve Fund of $10 million o Once expenditures exceed $50 million, this amount will be increased to maintain, at all times, a 20% General Fund Reserve o $2.5 million to offset potential fiscal impact resulting from State Budget o $500,000 set aside for the purchase of open space o Increased Retiree Health Fund • Public Safety o $3.3 million increase R:\Minutes\052004 o four additional sworn officers, exceeding the City's one sworn officer to every 1,000 residents ratio (1:1,000) — ratio will be at 1:945 o Citizens Action Patrol (CAP) o Citizens Corps Program o Adding a paramedic/firefighter to each City engine team within the City to further compliment the City's Paramedic Program — two-year phasing program • Revenue Excess Sharing in Temecula (REST) o Contribution will increase to $3.6 million o City contribution to supplement the Measure C Tax o Utilized for on -going operation and maintenance of the parks and recreation system • Additional Budget Highlights 0 6 new authorized positions 0 3 reclass positions o Implementation of MOU o Committed $3.7 million to the Capital Improvement Program • Five -Year General Fund Projection In response to City Council questions, City Manager Nelson or City staff advised of the following: • that the five-year General Fund Projection for 2005-2006 does include additional public safety requirements as a result of the Redhawk Annexation (8,000 to 9,000 residents - 8 to 9 additional officers) plus City increase, depending on the total impact • that the City is not actively exploring other annexations but that any potential annexation would require thorough fiscal analysis to ensure it would not adversely affect the City's ability to provide services within City boundaries • that a line item has been added in the amount of $10,000 for continued education (paramedic training) for firefighters • that a part-time urban park monitor has been included in this year's budget — first step toward implementing the Park Ranger Program. Mayor Naggar relayed his desire to complete and implement the Master Trails Program. Relaying his support of the City's commitment to its citizens to mitigate assessments through the REST Program, Mayor Pro Tern Comerchero commended staff on a job well done with respect to this document. Expressing his delight with the ratio reduction (police officers to residents), Mayor Naggar informed the public that the City will be cutting taxes in the amount of $3 million and stressed the importance of the Five -Year General Fund Projection. Community Services District • Total proposed revenues $13,273,413 • Total proposed expenditures $13,490,200 R:\Minutes\052004 2 • REST/Special Tax — Rate per Household o $82.91 —REST 0 63.44 — Special Tax Additional Park and Recreation Facilities/Programs o Temecula Children's Museum — Imagination Workshop o Old Town Temecula Community Theater o Harveston Community Park o Pablo Apis Park o SMART Program o Movie Nights In response to City Council questions, City Manager Nelson or City staff advised of the following: • That the Wolf Creek Sports Park has been identified in the CIP because it will break ground by the end of this year but that it has not been identified in the Operating Budget That implementation efforts are underway with regard to the Trails Master Plan, noting the following: o Efforts with developers o Urban Ranger o Undercrossing of the Santa Gertrudis Trail o Open Space Trails Plan Offering to participate in a community outreach program, Councilman Washington suggested that the community be educated, possibly through the school setting, of the City's available trails. Mr. Washington suggested that the Theater Manager be hired as soon as possible to ensure that this individual will be provided the opportunity to provide input during the construction phase. Because of last year's successful attendance at the Moonlight Movies in the Park Series, Mr. Washington recommended to invest in a more professional and portable screen and suggested that the movie schedule be placed on the City's web. Concurring with Councilman Washington's comments, Mayor Naggar suggested utilizing the Boy Scouts as a resource for this outreach program. Expressing potential parking concerns with the opening of the Children's Museum, Mayor Pro Tern Comerchero suggested, if the need were to arise, that individuals park at the Stampede and that a shuttle service be provided. Although the District will be drawing from fund balance at the beginning of the budget year, Finance Director Roberts, for Mayor Pro Tern Comerchero, advised that at the end of the year there will be expenditure savings. Redevelopment Agenc • Total proposed revenues $13,667,100 • Total proposed expenditures $11,236,800 R:\Minutes\052004 Budget Highlights o First-time Homebuyer Program — $100,000 o Employee Relocation Program - $100,000 o ERAF Shift - $455,000 o Fagade Improvement Program - $150,000 o Old Town Specific Plan Implementation - $168,000 In response to City Council questions, City Manager Nelson or City staff advised of the following: • That the Fagade Improvement Program does include landscaping • That the fund balance for Affordable Housing is $5.5 million It was suggested that staff prepare for the upcoming General Plan Housing Element (five-year cycle). Councilman Washington, echoed by Mayor Pro Tern Comerchero, requested that staff continue to explore mixed -use opportunities in Old Town. Mayor Pro Tern Comerchero suggested that staff encourage Old Town businesses to utilize the Fagade Improvement Program, particularly with respect to the landscaping component. COUNCIL/DISTRICT/AGENCY BUSINESS Review of the Proposed FY 2005-09 Capital Improvement Program RECOMMENDATION: 2.1 Review and discuss the proposed FY 2005-09 Capital Improvement Program (CIP) and provide direction to staff as appropriate. By way of a PowerPoint presentation, City Manager Nelson reviewed the proposed 2005-2009 CIP Budget, noting the following: 111 projects = $435,422,944 million o approximately $292,832,444 million are funded of which circulation projects represent 67%, public facilities 22%, parks 6%, and RDA 5% Major Traffic Circulation Improvement Projects o French Valley Interchange Interim SB Off -Ramp 0 1-15/79 South Ultimate Interchange o Rancho California Bridge Widening over Murrieta Creek o Rancho California Road Widening/Old Town Front Street to southbound 1-15 o Winchester/Jefferson Intersection Improvements o Pechanga Parkway CFD Improvements o State Route 79 South Medians & Landscaping/Sidewalks o Diaz Road Realignment o Pavement Management Program o Main Street Bridge o Overland Drive Extension o Pauba Road Improvements — Phase 11 o Butterfield Stage Road CFD o Jefferson Avenue Pavement Rehabilitation R:\Minutes\052004 In response to City Council questions, City Manager Nelson or City staff advised of the following: 1-15 southbound off -ramp at Winchester Road status update — that this project is in the project report/environmental phase; awaiting Caltrans' approval; construction drawing has been awarded; Caltrans, because of safety issues, not desirous of constructing another exit -only ramp (no entrance ramp being proposed at the same location); that the project is a high -priority project for Caltrans, Federal Highway Administration, and RCTC. Councilman Roberts advised that the District Director has been reminded of the importance of this project and that he would keep the Council apprised of any progress Traffic Signal Interconnect equipment — traffic signal priority ranking listed in the CIP; estimated that 26 to 28 signal will be installed within the next 18 months; average signal cost is $150,000; City will fund two signals a year. It was the consensus of the City Council to move up the priority ranking for the traffic signal at the Jefferson/Sanborn intersection to fiscal year 2005-2006. Public Works Director Hughes noted that moving up the prioritization of this signal will increase delays on Jefferson Avenue as well as the side street Pubic Facilities Projects o Old Town Community Theater — opening Summer/Fall 2005 o Fire Stations —Wolf Creek and Roripaugh —100% paid for by new development o Temecula Public Library — out to bid by late summer/early fall — construction by end of this calendar year o Maintenance Facility Expansion/Field Operations Center — proposed Master Plan for consideration within the next few months o Civic Center/Plaza Master Plan - $250,000 identified in the CIP for the Master Planning process Parks & Recreation o Sports Complex - $17 million fully funded o Pablo Apis Park o Temecula Community Center Expansion on Pujol Street — utilize CDBG funds to add 3,000 square feet o Vail Ranch Middle School — basketball court lighting o Veteran's Memorial — Master Plan recently approved — break ground on July 4, 2004 — dedication on November 11 ,2004 o Nakayama Garden & Tree Lighting — commemorating the 10'" anniversary with Sister City Redevelopment o Senior Housing Riverbank Villages o Campus Project DDA o Old Town Mixed -Use Housing o Old Town Southern Gateway Landscaping o Old Town Identification Sign o Historic Site Relocation (Escallier House) In response to City Council questions, City Manager Nelson or City staff advised of the following: R:\Minutes\052004 • That the location of the Police Station will be explored in the phasing program/master planning process • That a $1.2 million grant has been received to construct trail improvements along Murrieta Creek in Old Town ($200,00 City funded) • that the potential Ice Rink project has been identified in the CIP but remains unfunded. Although the City is to be commended on its efforts to reduce the police officer/resident ratio, Councilman Washington stated that as the City's population continues to grow, the need for a permanent police facility should be more closely addressed. Mayor Pro Tern Comerchero requested that an unfunded, low priority placeholder be identified in the CIP for a 10,000 square foot expansion for the Children's Museum and commented on community involvement for the fundraising of those efforts. Mr. Comerchero also requested that $25,000 be identified for a feasibility study for a teen facility (Teen Scene). Although identified in the CIP but unfunded, Mayor Naggar requested that the placeholder for an ice rink ($8 million) be kept in the budget document. Although speaking in support of the relocation of the Escallier House/Barn, Mayor Naggar expressed concern with the proposed relocation cost of $875,000. In response to Mr. Naggar, City Manager Nelson advised that an analysis and proposal would be completed and that once actual costs associated to this relocation are determined, the City Council would be readdressing this matter and that the proposed cost was primarily identified in the CIP as a placeholder. Relaying his delight with the City's financial soundness, Mayor Pro Tern Comerchero commended staff on the efficiency with which these budget documents are prepared. As President for Habitat for Humanity, Councilman Washington, echoed Mr. Comerchero's comments, reiterated his pleasure with the evolution of Old Town and shared a sense of reward with this City providing affordable housing to its community members. Echoing his fellow colleagues' comments, Mayor Naggar commended the previous City Councils on the City's foundation that had been laid and commended City staff on its continual high -performing efforts. CITY MANAGER'S REPORT City Manager Nelson thanked Finance Director Roberts and her staff on their efforts and efficiency of completing these budget documents; commended the City Council for its leadership; and thanked, on behalf of himself and City staff, the Council for the recognition. CITY ATTORNEY'S REPORT There being no Closed Session, Assistant City Attorney Curley noted that there was nothing to report. R1Minutes\052004 ADJOURNMENT At 11:53 A.M., the City Council meeting was formally adjourned to Tuesday, May 25, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:M4inutes\052004 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 8, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:00 P.M., on Tuesday, June 8, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Absent: PRELUDE MUSIC Councilmember: Comerchero, Roberts, Stone, and Naggar Washington The prelude music was provided by cellist Ryan Sanford from the San Diego Youth Symphony and Susan Myamoto on the piano. Mayor Naggar called for a moment of silence in memory of former President Ronald Reagan. INVOCATION The invocation was given by Reverend Jerry Hangen of Grace Presbyterian Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Roberts. PRESENTATION/PROCLAMATIONS Municipal Day of Mourning Proclamation Mayor Naggar proclaimed a Municipal Day of Mourning, Friday, June 11, 2004, in honor and in memory of the 40th President of the United States, requesting that citizens of Temecula turn on their porch lights from 7:00 P.M. to 12:00 Midnight and advising that pages for a 'Book of Remembrance" will be available at City Hall. Mr. Naggar welcomed residents to sign this tribute to our former President, advising that this book will be permanently housed at the Reagan Library in Simi Valley. Export Council Presentation Advising that the Secretary of Commerce appoints the District Export Councils throughout the United States and that each State generally has one Export Council but that the State of California has more, Hemet Councilwoman VanArsdale introduced the City Council to the California Inland Empire District Export Council, which assists small and medium-sized companies export its products, which, in turn, increases jobs. Ms. VanArsdale noted that the Department of Commerce Commercial Services Office is located in the City of Ontario area with other offices in the Cities of Indio and San Bernardino. She introduced Mr. Fred Lauderpresa from the Department of Commerce, Regional Director for the Riverside and San Bernardino Counties, who further elaborated on the importance of the R:\Minutes\060804 Inland Empire from a national and international perspective, advising that approximately $4 billion is exported from the Riverside and San Bernardino Counties. Certificates of Achievement to Eagle Scouts Jordan Price, Chase Benson and Joshua Bishop. Mayor Naggar commended each Eagle Scout for attaining this honor. Jordan Price and Chase Benson thanked the City Council for this award and gave a brief report on their Eagle Project. Joshua Bishop was unable to be present. PUBLIC COMMENTS A. Although he had submitted a speaker request form, Professor Phineas T. Pennypickle from the Imagination Workshop was not in attendance at the time he was called to address the Council. Mayor Naggar advised that the grand opening of the Children's Museum will be June 26, 2004. CITY COUNCIL REPORTS A. Advising that five representatives from Sister City Nakayama had visited the City this past weekend, Councilman Roberts noted that plans for the celebration of the 10`h Year Anniversary of the Sister City relationship are underway, commenting on the design of a traditional Japanese Garden at the Duck Pond. B. In an effort to increase the rider ship of the Commuter Link Bus Service between the City of Temecula and the Transit Center in the City of Oceanside, Mayor Pro Tern Comerchero announced that the Riverside Transit Authority has agreed to reduce the fare from $4.00/one way to $1.00/one way, effective June 9, 2004. As was previously mentioned, Mr. Comerchero announced that the grand opening of the Children's Museum will be on Saturday, June 26, 2004. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of May 11, 2004. Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RAMinutes\060804 RESOLUTION NO. 04-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report 0 RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of April 30, 2004. Authorize Temporary Street Closures for the Street Painting Festival in Old Town (Main Street between Old Town Front Street and the easterly terminus of Main Street. and Mercedes Street between Main Street and Third Street) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 04-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR THE STREET PAINTING FESTIVAL AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT Engineer RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 04-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF OLD TOWN FRONT STREET BETWEEN MORENO ROAD AND SECOND STREET; MAIN STREET FROM THE BRIDGE TO OLD TOWN FRONT STREET; SECOND STREET; THIRD STREET; FOURTH STREET; FIFTH STREET; SIXTH STREET; AND MERCEDES STREET BETWEEN MORENO ROAD AND SECOND STREET FOR THE "STAR SPANGLED 4T" OF JULY PARADE" AND AUTHORIZING THE DIRECTORS OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES RAMinutes\060804 7 RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF PAUBA ROAD BETWEEN MARGARITA ROAD AND YNEZ ROAD FOR THE "JULY 4T" 2004, FIREWORKS SHOW", AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES 8 Parcel Map No. 31821 located on the south side of Remington Avenue approximately nine hundred (900) feet west of Diaz Road RECOMMENDATION: 8.1 Parcel Map No. 31821 in conformance with the Conditions of Approval. 8.2 Subdivision Monument Agreement and accept the Monument Bond as security for the agreement. RECOMMENDATION: 9.1 Appropriate $260,000 in General Fund Capital Project Reserves to fund the Rancho California Water District (RCWD) facility relocation portion of the John Warner Road Improvement Project; 9.2 Appropriate $280,000 in General Fund Capital Project Reserves to fully fund the Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvement Project — Project No. PW02-07; 9.3 Increase the project contingency and the City Manager's contract change order approval limit by $200,000 above the previously approved 10% contingency. 10 FY2003/2004 Year End CIP Project Account Reconciliation Administrative and Legal Fees RECOMMENDATION: 10.1 Appropriate $60,000 to the Rancho California Road Widening and Median Modifications East of Ynez project from General Fund Capital Project Reserves; 10.2 Appropriate $85,000 to the Diaz Road Realignment project from General Fund Capital Project Reserves. R:\Minutes\060804 11 12 13 14 Tract Map No. 29798-8 (located south of Loma Linda Road, east of Pechanga Parkway, north of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR) RECOMMENDATION: 11.1 Approve Tract Map No. 29798-8 in conformance with the Conditions of Approval; 11.2 Approve Subdivision Improvement Agreement; 11.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument bond as security for the agreements. Resolution Adopting FY 2004-2005 Solid Waste Rates RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 04-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2004-2005 Implementation of Special Tax — Measure C RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO.04-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2004-2005 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS RECOMMENDATION: 14.1 Approve an agreement with Converse Consultants in an amount not to exceed $33,075.00 to provide, as needed, geotechnical and material testing services for the Jefferson Avenue Pavement Rehabilitation Phase II, Project 02-26, and authorize the Mayor to execute the agreement. RAMinutes\060804 14.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $3,307.50, which is equal to 10% of the agreement amount. 15 Opposition of Assembly Bill 2162 (Oropeza) relating to Indian Gaming RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 04-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING ASSEMBLY BILL 2162 (OROPEZA) WHICH PROPOSES TO ADD SPECIAL DISTRICTS TO THE SIXTY -PERCENT NEXUS GRANT CATEGORY ESTABLISHED IN SENATE BILL 621 16 Purchase of Defibrillators and Paramedic Medical Supplies RECOMMENDATION: 16.1 Authorize the City Manager to purchase an additional $8,000 of Paramedic supplies from Life Assist in Fiscal Year 2003-04; 16.2 Authorize the expenditure to purchase four defibrillators for a total cost of $88,000 from Zoll in Fiscal Year 2004-05; 16.3 Authorize the expenditure to purchase general Paramedic medical supplies from Life Assist for an annual amount $38,500 in Fiscal Year 2004-05. 17 Fifth Amendment to the Contract to update the City General Plan RECOMMENDATION: 17.1 Approve contract Amendment No. 5 in the amount of $23,026 and authorize the City Manager to sign the amendment to the contract with Cotton Bridges Associates. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-17. Mayor Pro Tern Comerchero seconded the motion and electronic vote reflected approval with the exception of Councilman Washington who was absent. At 7:27 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:46 P.M., the City Council resumed with regular business. RAMinutes\060804 PUBLIC HEARING 18 Art in Public Places Ordinance RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 6.08 TO THE TEMECULA MUNICIPAL CODE RELATING TO ART IN PUBLIC PLACES Noting that the City Council had received input with regard to this matter at its May 25, 2004, City Council meeting, Community Services Director Herman Parker presented the staff report (as per agenda material). Supporting the proposed ordinance, Councilman Stone advised that such art would be funded through new development/developers and noted that on July 4, 2004, the City will be presenting the Veterans' Memorial Letters Home at the Duck Pond. Stating that such amenities will set this City apart from other cities, Mayor Pro Tern Comerchero commented on the overall quality of life and ambience public art will create for the City and, therefore, relayed his support of the ordinance. At this time, Mayor Naggar opened the public hearing. Reemphasizing her and the Arts Council of Temecula Valley support for the proposed ordinance, Ms. Minkler, Temecula, addressed the City's Cultural Arts Master Plan, noting that art in public places is a goal of this Plan and as well commented on the success of the Painted Ponies Public Art Project. Mr. Al Rattan, Temecula, expressed his support of the proposed ordinance. At this time, City Attorney Thorson introduced Ordinance No. 04-06. MOTION: Mayor Pro Tern Comerchero moved to introduce Ordinance NO. 04-06. The motion was seconded by Councilman Roberts and electronic vote reflected approval with the exception of Councilman Washington who was absent. COUNCIL BUSINESS 19 Review and Adoption of FY2004-2005 Annual Operating Budget RECOMMENDATION: 19.1 Adopt a resolution entitled: R:Winutes%060804 RESOLUTION NO.04-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY2004-05 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 19.2 Adopt a resolution entitled: RESOLUTION NO. 04-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 19.3 Adopt a resolution entitled: RESOLUTION NO. 04-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR 2004-05 By way of a PowerPoint presentation, City Manager Nelson reviewed the General Fund Operating Budget, providing a broad overview of the main components and noting that as a result of the City Council Budget Workshop, City Council comments and direction have been incorporated into the proposed budget document. In closing, Mr. Nelson commended the Department Directors on their efforts associated with the budget process and applauded Finance Director Roberts and her staff on a job well done. For Mayor Pro Tern Comerchero, City Manager Nelson and Finance Director Roberts advised that the reimbursement for AD 88-12 will continue through the life of the Assessment District and that once the debt service is paid (approximately 2017), the reimbursement would no longer be required. In response to Councilman Stone, City Manager Nelson clarified the Council's policy to maintain the General Fund Reserve at 20% and to add $1/2 million a year toward the Open Space Program but that the State Budget impacts have suspended this until such time the City has a clear understanding of the State's Budget direction. Although understanding the fiscal significance, Councilman Stone encouraged the City Council to remember why the initial proposed 30% of the Annual Budget Reserve was reduced to 20% -- to buy open space to preserve land. Pointing out the state of other cities' budgets as well as the State's, Mayor Naggar proudly commented on this City's ability to give back 7.7% ($3.6 million) to the citizens in the form of a tax break. MOTION: Mayor Pro Tern Comerchero moved to adopt Resolution No. 04-65, 04-66, and 04- 67. The motion was seconded by Councilman Roberts and electronic vote reflected approval with the exception of Councilman Washington who was absent. RANnutes\060804 20 Review and Adoption of FY2005-2009 Capital Improvement Budget Program RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 04-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY2005-09 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY2004-05 By way of a PowerPoint presentation, City Manager Nelson reviewed the Capital Improvement Program (CIP) Budget. Commenting on how financially fortunate this City is, Councilman Stone expressed his support of the recommendation. In light of on -going and upcoming infrastructure improvement projects throughout the City, Mayor Naggar requested the citizens' patience during this process. MOTION: Councilman Stone moved to adopt Resolution No. 04-68. The motion was seconded by Mayor Pro Tem Comerchero and electronic vote reflected approval with the exception of Councilman Washington who was absent. 21 Public/Traffic Safety Commission Appointment RECOMMENDATION: 21.1 Appoint one applicant to serve on the Public/Traffic Safety Commission for an unexpired term through October 10, 2005. City Clerk Jones reviewed the staff report (of record). Noting that Mr. Youmans will be a valuable member to the Public/Traffic Safety Commission, Councilman Stone encouraged those applicants that had not been selected to reapply. MOTION: Councilman Stone moved to appoint Mr. Gary Youmans to the Public/Traffic Safety Commission. The motion was seconded by Mayor Pro Tern Comerchero and electronic vote reflected approval with the exception of Councilman Washington who was absent. 22 Planning Commission Appointments I:�Kelulul�i•I�7ti�[iP►A 22.1 Appoint two applicants to serve on the Planning Commission for full three-year terms through June 4, 2007. City Clerk Jones reviewed the staff report (of record). Viewing the existing Planning Commission as the smoothest Planning Commission in the City's history, Mayor Pro Tern Comerchero offered the following motion: RAMinutes\060804 MOTION: Mayor Pro Tern Comerchero moved to reappoint Commissioners Olhasso and Telesio to the Planning Commission. The motion was seconded by Councilman Stone and electronic vote reflected approval with the exception of Councilman Washington who was absent. Concurring with Mayor Pro Tern Comerchero's comment, Mayor Naggar commented on the need for consistency on this Commission considering the upcoming review of three large Specific Plans. 23 Old Town Civic Center Ad Hoc Subcommittee RECOMMENDATION: 23.1 Appoint two members to serve on the Civic Center Ad Hoc Subcommittee Deputy City Manager Thornhill reviewed the staff report (as per agenda material). MOTION: Mayor Naggar moved to appoint Mayor Pro Tern Comerchero and Councilman Roberts to the Old Town Civic Center Subcommittee. The motion was seconded by Councilman Stone and electronic vote reflected approval with the exception of Councilman Washington who was absent. CITY MANAGER'S REPORT City Manager Nelson reiterated his appreciation to Finance Department staff and Information Systems Department staff for their efforts associated with the budge presentation. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there were no reportable actions and noted that Mayor Pro Tern Comerchero had not participated in the Closed Session discussion with regard to the Riverside County litigation. ADJOURNMENT At 8:25 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, June 22, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:V,Ainutes\060804 10 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 22, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:00 P.M., on Tuesday, June 22, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Comerchero, Roberts, Stone, and Naggar Absent: 1 Councilmember: Washington PRELUDE MUSIC The prelude music was provided by Margaret Bird. INVOCATION The invocation was given by Youth Pastor John Briganti of Sunrise Christian Fellowship. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Stone. Amateur Radio Week Proclamation On behalf of the Club, Mr. Frank McCallum, President of Golden Triangle Amateur Radio Club, with appreciation, accepted the proclamation and invited the City Council and the public to the Fire Station in Sage for field exercises Saturday and Sunday, June 26 and 27, 2004. PUBLIC COMMENTS A. Mr. Otto Baron, Temecula, relayed his support of the Council's consideration of constructing a Civic Center in the Old Town area and also expressed support of the relocation of the Escallier House/Barn to Sam Hicks Park. CITY COUNCIL REPORTS A. With the recent passing of former President Reagan, Mayor Naggar relayed his desire to rename the Rancho California Sports Park after former President Reagan and requested that this matter be agendized for the Community Services Commission for consideration and recommendation to the City Council by no later than August 24, 2004. B. Mayor Pro Tem Comerchero expressed his support of Mr. Naggar's recommendation. Reporting on the final meeting of the 1-15 Interregional Partnership meeting (purpose to ensure that County of San Diego and the Southwest area of Riverside County are collaboratively and cooperatively working to address jobs, housing, and balance and traffic issues), Mayor Pro Tem Comerchero advised that a list of short-term and long-term strategies R:\Minutes\062204 1 and implementation/monitoring plans have been created and a study will be completed of the I- 15 corridor to ensure efforts coincide on the southern side and northern side, noting great progress is being made. C. Councilman Stone requested that the beautification of the parcel located at Ynez Road/Overland Road (northwest corner — City -owned property) be explored by the Community Services Commission. Having recently been invited to numerous high school graduations throughout the Third District, Councilman Stone relayed a strong concern among the students with regard to U.S. businesses exporting jobs to foreign countries for lower priced labor, etc. Although not a direct City issue, Mr. Stone suggested that this Council forward a resolution to the U.S. Senate/U.S. House of Representatives to express its outrage at U.S. companies that sell its products to United States citizens but employ foreign citizens to do the work that the U.S. citizens are capable of doing and recommend that tax sanctions be imposed on U.S. companies that operate on U.S. soil and that export jobs to another country to increase revenue and, thereby, reduce the job availability to the citizens. As a member of the Community Economic Development Steering Committee for the National League of Cities, Mayor Pro Tern Comerchero concurred with Mr. Stone's comment; advised that the Committee has been dealing with this particular issue (international trade/job outsourcing) for the past several years; advised that a resolution has been processed; and suggested that a City resolution be drafted and presented to this Committee for consideration at the Board of the National League for adoption. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of May 20, 2004 (Budget Workshop) — continued to the meeting of July 13, 2004. 2.2 Approve the minutes of May 25, 2004. 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RAMinutes\062204 RESOLUTION NO. 04-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Amendment to Animal Friends of the Valley Contract for Animal Control Services RECOMMENDATION: 4.1 Approve a one-year contract extension for Animal Control Services with Animal Friends of the Valley not to exceed $130,000; 4.2 Authorize the City Manager to approve additional service not to exceed 10% of the amount of the agreement. Cable Franchise Agreement Extension of Time RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 04-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING THE TERM OF THE CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE COMMUNICATIONS TO MARCH 31, 2005, TO FACILITATE THE CITY'S NEGOTIATIONS WITH THE CABLE OPERATOR REGARDING RENEWAL OF THAT FRANCHISE AGREEMENT 6 Amendment No. 3 to the Agreement with LPA. Incorporated for Temecula Public Library Design Services RECOMMENDATION: 6.1 Approve Amendment No. 3 to the agreement with LPA, Incorporated in an amount of $156,000 for Temecula Public Library Design Services. 7 Riverside County Library Contract Amendment No. 7 RECOMMENDATION: 7.1 Approve Amendment No. 7 to the agreement to provide Library Services (additional staff); 7.2 Authorize the expenditure of an amount not to exceed $150,000 to fund the Temecula Library Volunteer Coordinator half-time position and to subsidize funding to maintain the Senior Reference Librarian and Reference Librarian positions for fiscal year 2004-05. R:wlinutes\062204 8 Accela/Permits Plus Maintenance Agreement RECOMMENDATION: 8.1 Authorize the purchase of the annual maintenance support for the following Accela/Permits Plus Applications: Permits Plus Base, Client Server, Workflow, and Wireless Modules for the total amount of $27,912.64. 9 Request Support for State Funding to support additional Judicial Officers RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 04-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE GOVERNOR APPROPRIATE FUNDING TO SUPPORT THE APPOINTMENT OF ADDITIONAL JUDICIAL OFFICERS FOR RIVERSIDE AND SAN BERNARDINO COUNTIES 10 David Turch & Associates contract for Federal Legislative Services RECOMMENDATION: 10.1 Approve a one-year contract with an option for an additional year for Federal legislative services to be provided by David Turch & Associates in the amount of $36,000. 11 State Lobbyist Contract RECOMMENDATION: 11.1 Approve a one-year contract with an option to renew for an additional year for State lobbying services with the Wilson Group, LLC in an annual amount of $42,000. 12 Approval of Contract for Plan Review Services RECOMMENDATION: 12.1 Approve an agreement for consultant services with Esgil Corporation to perform plan review for the Building and Safety Department for a term of three years to June 30, 2007; 12.2 Approve an expenditure in an amount not to exceed $200,000.00 annually over the term of this agreement plus a 10% contingency. R:\Minutes\062204 13 Approval of Funds for Plan Review Services =014111NM ►kG •► 13.1 Approve a First Amendment to Esgil Corporation for Plan Check Services with Esgil Corporation; 13.2 Approve an expenditure in an additional amount not to exceed $15,800 for Plan Check Services with Esgil Corporation to complete fiscal year 2003/04 for a total contract amount of $115,800. 14 Revision to Adopted User Fee Schedule 15 =010]diP ►I �GT-,W9 ►i 14.1 Adopt a resolution entitled: RESOLUTION NO. 04-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SCHEDULE OF CITYWIDE FEES FOR LAND USE AND RELATED FUNCTIONS RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 04-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF TEMECULA AND RIVERSIDE TRANSIT AGENCY FOR GRANT FUNDS SUPPORTING THE INSTALLATION OF BUS SHELTERS AT VARIOUS LOCATIONS WITHIN THE CITY OF TEMECULA 15.2 Authorize the Mayor to execute the Memorandum of Understanding between the City of Temecula and Riverside Transit Agency; 15.3 Authorize Project Management to be under the direction of the Director of Public Works/City Engineer for all technical and administrative matters necessary to implement and complete this project. RAMinutes\062204 16 RECOMMENDATION: 16.1 Approve an agreement with Robert Shea Perdue Real Estate Appraisal in the amount of $60,000.00 to provide as -needed real estate appraisal services; 16.2 Approve an agreement with Mason & Mason Real Estate Appraisers & Consultants in the amount of $60,000.00 to provide as -needed real estate appraisal services; 16.3 Authorize the Mayor to execute the agreements. 17 Professional Services Agreements for Geotechnical and RECOMMENDATION: 17.1 Approve the agreement with EnGEN Public Works Services, LLC, in the amount of $60,000.00 to provide as -needed geotechnical and material testing services; 17.2 Approve the agreement with Ninyo & Moore in the amount of $60,000.00 to provide as -needed geotechnical and material testing services; 17.3 Authorize the Mayor to execute the agreements. 18 Professional Landscape Plan Check and Inspection Services Agreement for Fiscal Year 2004-2005 W1 RECOMMENDATION: 18.1 Approve the annual professional services agreement for Fiscal Year 2004-2005 with PELA for landscape plan check and inspection services in the amount of $25,000.00; 18.2 Authorize the Mayor to execute the agreement. RECOMMENDATION: 19.1 Award a construction contract for Project No. PW01-02 State Route 79 South Sidewalk Improvement Project to C.S. Legacy Construction, Inc., in the amount of $152,825.00 and authorize the Mayor to execute the contract; 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $15,282.50 which is equal to 10% of the contract amount. R:\Minutes\062204 20 Pavement Rehabilitation Program — Citywide — CCO #1 to Jefferson Avenue Pavement Rehabilitation — Phase II — Proiect No. PW02-26 — additional Pavement Rehabilitation on Diaz Road for Diaz Road Pavement Rehab pursuant to Pavement Rehabilitation Program —Citywide (PW 04-01) RECOMMENDATION: 20.1 Authorize the City Manager to approve a contract change order to the contract with Griffith Company for an amount not to exceed $600,000.00 above the previously approved 10% contingency for the Jefferson Avenue Pavement Rehabilitation — Phase II — Project No. PW02-26. 21 Award of Construction Contract for the Citywide Concrete Repairs — FY2003-04 — Proiect No. PW04-11 22 RECOMMENDATION: 21.1 Award a construction contract to International Pavement Solutions, Inc. in the amount of $172,415.00 for the Citywide Concrete Repairs — FY2003-04 — Project No. PW04-11 and authorize the Mayor to execute the contract; 21.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $17,241.50 which is equal to 10% of the contract amount. RECOMMENDATION: 22.1 Award a construction contract for Pechanga Parkway — Phase IIB Storm Drain Improvements (Wolf Valley Creek Channel — Stage 2) - Project No. PW99-11CH — to Road Builder's, Inc. in the amount of $2,940,768.42 and authorize the Mayor to execute the contract; 22.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $294,076.84 which is equal to 10% of the contract amount. 23 Completion and Acceptance of the Asphalt Crackfill Proiect — FY2003-2004 — various streets — Proiect No. PW04-04 RECOMMENDATION: 23.1 Accept the construction of the Asphalt Crackfill Project — FY 2003-2004 — various streets — Project No. PW04-04 as complete; 23.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 23.3 Release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. R:\Minutes\062204 24 25 26 Public Works Fiscal Year 2004-2005 Annual Maintenance Agreements RECOMMENDATION: 24.1 Approve the Annual Maintenance contracts for Fiscal Year 2004-2005 with: 1. Murrieta Development Co. for an amount not to exceed $ 50,000.00 2. NPG, Inc. (Nelson Paving & Sealing) for an amount not to exceed $ 50,000.00 3. Monteleone Contractors, Inc. for an amount not to exceed $100,000.00 4. Toran Development & Construction for an amount not to exceed $100,000.00 5. Road Works, Inc. for an amount not to exceed $100,000.00 6. Strong's Painting for an amount not to exceed $100,000.00 7. Becker Engineering for an amount not to exceed $200,000.00 8. Imperial Paving Company, Inc. for an amount not to exceed $200,000.00 9. Rene's Commercial Management for an amount not to exceed $200,000.00 Amendment No. 1 to Citywide Tree Trimming Maintenance Services Contract RECOMMENDATION: 25.1 Approve Amendment No. 1 to the Citywide Tree Trimming Maintenance Services contract to West Coast Arborist, Inc. for $100,000.00 and authorize the Mayor to execute the contract; 25.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. RECOMMENDATION: 26.1 Approve Amendment No. 5 to the Construction Contract with C-18, Inc. for the Fiscal Year 2004-2005 Street Striping — Project No. PW01-12 for an amount of $225,000.00 and authorize the Mayor to execute the amendment. RAlinutes\062204 8 27 Assessment District 03-04 (John Warner Road) — Street and Storm Drain Improvement Proiect — Proiect No. PW02-07 — Water Main Extension — Contract Change Order RECOMMENDATION: 27.1 Appropriate $113,300 in General Fund Reserves to advance funds for the extension of an existing Rancho California Water District (RCWD) water main from Culver Court To La Presa Loop (approximately 75% of which will be reimbursed by RCWD upon completion with the remainder reimbursed from RCWD upon collection of water service connection fees collected from a vacant parcel on La Presa Loop).; 27.2 Authorize the City Manager to approve a contract change order with McLaughlin Engineering and Mining, Inc. to allow completion of the water main extension concurrently with the John Warner Road project. 28 Professional Services Aqreements for Engineerinq and Construction Survev Services for various Capital Improvement Projects for FY2004-2006 RECOMMENDATION: 28.1 Approve the agreement with Cozad & Fox, Inc. in the amount of $60,000.00 to provide as -needed engineering and construction survey services; 28.2 Approve the agreement with Hall & Foreman, Inc. in the amount of $60,000.00 to provide as -needed engineering and construction survey services; 28.3 Authorize the Mayor to execute the agreements. 29 First Street Bridge — Proiect No. PW01-08 — Acquisition Aqreement for Mitigation Land RECOMMENDATION: 29.1 Approve and authorize the Mayor to execute in substantially the form attached hereto the agreement of purchase and sale between the City of Temecula and Borchard-Laveren, LLC (Borchard Temecula, LLC) for the acquisition of certain real property in the amount of $85,700.00 plus the associated escrow fees; 29.2 Appropriate $21,700.00 from Open Space Development Impact Fees to Project No. PW01-08; 29.3 Direct the City Clerk to record the document; 29.4 Adopt a resolution entitled: RESOLUTION NO.04-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 RAMinutes\062204 c; 31 32 33 RECOMMENDATION: 30.1 Adopt a resolution entitled: RESOLUTION NO. 04-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROJECT NOMINATIONS TO THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) HIGH PRIORITY REGIONAL ARTERIAL PROJECTS FUNDING PROGRAM FOR THE FRENCH VALLEY FREEWAY INTERCHANGE, THE STATE ROUTE 79 SOUTH FREEWAY INTERCHANGE, AND THE WESTERN BYPASS CORRIDOR 30.2 Authorize the Director of Public Works to forward said project nominations to the Riverside County Transportation Commission for further consideration. Contract Agreement for On -Call Traffic Signal Maintenance Services RECOMMENDATION: 31.1 Approve a contract agreement with Republic Electric to perform On -Call Traffic Signal Maintenance Services for an amount not to exceed $50,000.00 and authorize the Mayor to execute the agreement; 31.2 Terminate the Traffic Signal and Safety Lighting Maintenance Agreement between the City of Temecula and County of Riverside. RECOMMENDATION: 32.1 Approve and authorize the Mayor to execute in substantially the hereto the Agreement of Purchase and Sale between the City of Winchester/Jefferson, L.P. for the acquisition of certain real property of $136,414.00 plus the associated escrow fees; 32.2 Direct the City Clerk to record the document. Second Reading of Ordinance No. 04-06 (Art in Public Places) RECOMMENDATION: 33.1 Adopt an ordinance entitled: form attached Temecula and in the amount R:Winutes\062204 10 ORDINANCE NO. 04-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 5.08 TO THE TEMECULA MUNICIPAL CODE RELATING TO ART IN PUBLIC PLACES MOTION: Mayor Pro Tem Comerchero moved to approve Consent Calendar Item Nos. 1-33 (continuing Item No. 2.1 to the July 13, 2004, City Council meeting). Councilman Stone seconded the motion and electronic vote reflected approval with the exception of Councilman Washington who was absent; Mayor Pro Tern Comerchero who abstained with regard to Item No. 29 (First Street Bridge — Acquisition Agreement for Mitigation Land); and Councilman Stone who voted no with regard to Item No. 5 (Cable Franchise Agreement Extension of Time). At 7:24 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 7:39 P.M., the City Council resumed with regular business. COUNCIL BUSINESS 34 RECOMMENDATION: 34.1 Separately consider each of the following two resolutions, which are Resolutions of Necessity, of the City of Temecula declaring certain real property interests necessary for public purposes and authorizing the acquisition thereof in connection with the Winchester Road Widening Project: 34.1.1. Adopt a resolution entitled: RESOLUTION NO. 04-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-043) 34.1.2. Adopt a resolution entitled: RESOLUTION NO.04-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE WINCHESTER ROAD WIDENING PROJECT (APN 909-270-042) R:\Minutes\062204 11 34.2 Open and conduct a hearing on the adoption of the proposed Resolutions of Necessity, receive from staff the evidence stated and referred to in this agenda report (Report), take testimony from any person wishing to be heard on issues A, B, C, and B below, and consider all evidence to determine whether to adopt the proposed Resolutions of Necessity, each of which requires the City Council's separate consideration and determination; 34.3 If the City Council finds, based upon the evidence contained and referred to in this Report, the testimony and comments received at this hearing, and all written testimony submitted to the City Council, that the evidence warrants the necessary findings with respect to each of the proposed Resolutions of Necessity, then staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution Nos. 04- and 04-_; (each of which requires a 4/5ths vote of the entire Council) and authorize the City Attorney's office to file eminent domain proceedings to acquire the following real property interests: Portions of 41540 Winchester Road (Assessor's Parcel Number 909-270-043) for a permanent street easement and a temporary construction easement; • Portions of 41530 Enterprise Circle South (Assessor's Parcel Number 909-270- 042) for a permanent street easement and a temporary construction easement; These real property interests are referred to below collectively as "Subject Property Interests" and are described more particularly in the Exhibits attached to each Resolution of Necessity. Each Resolution also contains a drawing depicting the location of the real property interests in relation to the Winchester Road Widening Project. Said Resolutions together with their Exhibits are attached hereto and incorporated in this Report by this reference. 34.4 If the Resolutions of Necessity are approved, authorize the City Attorney's office, and City staff to take all necessary steps to deposit with the Court the amount of probable compensation required by law for issuance of Orders for Possession; 34.5 Authorize the City Manager to execute all necessary documents. Deputy Public Works Director Parks reviewed the staff report (as per agenda material), advising that staff will continue to negotiate with the two property owners. City Clerk Jones advised that two letters (copies of which have been distributed to the City Council) have been received with regard to this action. MOTION: Councilman Stone moved to adopt Resolution No. 04-76. The motion was seconded by Mayor Pro Tern Comerchero and electronic vote reflected approval with the exception of Councilman Washington who was absent. MOTION: Councilman Stone moved to adopt Resolution No. 04-77. The motion was seconded by Councilman Roberts and electronic vote reflected approval with the exception of Councilman Washington who was absent. MOTION: Councilman Stone moved to approve staff recommendations 34.2, 34.3, 34.4, and 34.5. The motion was seconded by Councilman Roberts and electronic vote reflected approval with the exception of Councilman Washington who was absent. RAMinutes\062204 12 35 RECOMMENDATION: 35.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Winchester Road Widening at Jefferson Intersection (Jefferson Medians) — Project No. PW00-27. Deputy Director of Public Works Parks clarified the staff report (of record). MOTION: Mayor Pro Tern Comerchero moved to approve the staff recommendation. The motion was seconded by Councilman Stone and electronic vote reflected approval with the exception of Councilman Washington who was absent. 36 Chaparral Area Interim Policy RECOMMENDATION: 36.1 Adopt a resolution entitled: RESOLUTION NO. 04-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN INTERIM POLICY GUIDING DEVELOPMENT IN THE CHAPARRAL AREA By way of overheads, Planning Director Ubnoske highlighted the staff report (as per agenda material). Mr. Larry Markham, Temecula, advised the Council that he was in attendance to answer questions. Mayor Pro Tern Comerchero commended Planning Director Ubnoske and Community Services Director Parker and their staff for exploring ways to ensure trail connectivity to ensure relevant trails. Mayor Naggar commended Mayor Pro Tern Comerchero and Mr. Markham on their efforts associated with the trail connection. MOTION: Councilman Roberts moved to adopt Resolution No. 04-78. The motion was seconded by Mayor Pro Tern Comerchero and electronic vote reflected approval with the exception of Councilman Washington who was absent. DEPARTMENTAL REPORT No additional comments. CITY MANAGER'S REPORT No comments. RA Minutes\062204 13 CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there were no actions to report from Closed Session. ADJOURNMENT At 7:49 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, July 13, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RAMinutes\062204 14 ITEM 3 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $8,277,923.25. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 131h day of July, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2004/Resos 04- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CIVIC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 04- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13'h day of July, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- ' CITY OF TEMECULA LIST OF DEMANDS 06/17/04 TOTAL CHECK RUN: $ 2,051,886.87 05/24/04 TOTAL CHECK RUN: 2,043,285.91 06/30/04 TOTAL CHECK RUN: 3,052,582.60 07/01/04 TOTAL CHECK RUN: 270,274.91 06/18/04 TOTAL PAYROLL RUN: 334,365.74 06/25/04 TOTAL PAYROLL RUN: 161,181.56 07/01/04 TOTAL PAYROLL RUN: 364,345.66 TOTAL LIST OF DEMANDS FOR 07/13/04 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 3,163,526.50 120 DEVELOPMENT IMPACT FUND 830,054.13 165 RDA DEV-LOW/MOD SET ASIDE 14,104.62 190 COMMUNITY SERVICES DISTRICT 350,743.68 192 TCSD SERVICE LEVEL B 41,030.56 193 TCSD SERVICE LEVEL C 89,926.32 194 TCSD SERVICE LEVEL D 1,694,324.42 210 CAPITAL IMPROVEMENT PROJ. FUND 943,353.29 261 MARGARITA ROAD REIMS DIST 7,083.05 274 CFD 88-12 ADMIN EXPENSE FUND 39,859.63 280 REDEVELOPMENT AGENCY-CIP 101,637.25 300 INSURANCE FUND 16,475.31 ' 310 VEHICLES FUND 23,568.85 320 INFORMATION SYSTEMS 60,560.94 330 SUPPORT SERVICES 10,486.21 340 FACILITIES 31,295.63 $ 7,418,030.29 100 GENERAL FUND $ 579,666.21 165 RDA-LOW/MOD SET ASIDE 15,172.66 190 COMMUNITY SERVICES DISTRICT 168,518.70 192 TCSD SERVICE LEVEL B 368.86 193 TCSD SERVICE LEVEL C 13,208.98 194 TCSD SERVICE LEVEL D 2,232.89 280 REDEVELOPMENT AGENCY-CIP 6,818.20 300 INSURANCE FUND 3,049.70 320 INFORMATION SYSTEMS 51,149.34 330 SUPPORT SERVICES 3,616.35 340 FACILITIES 16,091.07 859,892.96 TOTAL 8Y FUND: $ 8,277,923.25 PREP BY JABAYO A NG SPECIALISTI , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. ENIE IREC R OF FINANCE HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. "r.1.4TOT T apChkLst Final Check List Page: 12 06/17/2004 2:35:40PM CITY OF TEMECULA 159 checks in this report. Detail 06/17/2004 001 1,576,108.60 165 5,634.41 190 143,348.66 192 40,912.58 193 39,765.78 194 501.83 210 151,173.39 274 29,579.53 280 5,574.73 300 1,632.52 310 23,568.85 320 25,099.62 330 1,033.09 340 7,953.28 2,051,886.87 Grand Total All Checks: 2.051.886.87 Page:12 apChkLst Final Check List Page: 1 O6/1712004 2:35:40PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 334 06/17/2004 000444 INSTATAX (EDD) State Disability Ins Payment 15,483.07 15,483.07 335 06/17/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 60,796.79 60,796.79 336 06/17/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 18,698.03 18,698.03 337 06/17/2004 000246 PERS (EMPLOYEES' RETI REME PERS ER Paid Member Contr Pmt 59,063.45 59,063.45 338 06/17/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,872.20 2,872.20 339 06/10/2004 007659 FIRST AMERICAN TITLE Property punch: apn 909-281-017 93,752.00 93,752.00 340 06/10/2004 007659 FIRST AMERICAN TITLE Property purch: apn 922-036-033 17,290.00 17,290.00 92482 06/17/2004 004973 ABACHERLI, LINDI TCSD instructor earnings 532.40 532.40 92483 06/17/2004 007774 ALLEN, VERONICA Refund: Security Deposit CRC 100.00 100.00 92484 06/17/2004 005037 AMERICAN ASPHALT SOUTH I FY 03104 Slurry Seal project 476,557.00 476,557.00 92485 06/17/2004 006463 AMERICAN LANDSCAPE May Ldscp Mntc: Sports Park 25,645.82 May Ldscp Mntc: N. Slopes 15,533.00 Credit:Fail to Meet Requirements -20,450.00 20,728.82 92486 06/17/2004 000936 AMERICAN RED CROSS Process aquatics certificates 112.00 112.00 92487 06/17/2004 000101 APPLE ONE, INC. Temp help PPE 5/29 Douvres 540.00 Temp help PPE 5/29 Medina 533.61 Temp help PPE 5/29 Lee 528.00 Temp help PPE 5/29 Wills 464.64 Temp help PPE 5/29 Alexander 290.40 2,356.65 92488 06/17/2004 004855 BASER, GABRIELE TCSD instructor earnings 134.40 134.40 92489 06/17/2004 003466 BASKET & BALLOONS TOO! Promotional baskets for Eco Devel. 166.91 166.91 92490 06/17/2004 002541 BECKER CONSTRUCTION SRV Citywide A.C. Saw Cutting for PW mnt 6,825.00 Install C.Museum plaque on monumen 3,748.25 10,573.25 Page:f apChkLst Final Check List Page: 2 06/17/2004 2:35:40PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92491 06/17/2004 006122 BERGER, DAWN TCSD instructor earnings 72.00 72.00 92492 06/17/2004 004778 BERRYMAN & HENIGAR INC May B&S inspector svcs: Grance 12,222.48 12,222.48 92493 06/17/2004 006721 BOISE CASCADE OFFICE Office Supplies: Finance 236.38 Office Supplies: Finance 50.55 286.93 92494 06/17/2004 007496 BOND BLACKTOP INC Asphalt Crackfills; var. streets 60,562.35 60,562.35 92495 06/17/2004 006500 BUSTIN, LEONARD AND Refund: Photography - Beginning 80.00 80.00 92496 06/17/2004 005375 CAMMAROTA, SUSAN Reimb: Leisure Travel Summit:6/12 132.55 132.55 92497 06/17/2004 006075 CAMPBELL, KENTON SCOTT TCSD instructor earnings 590.40 590.40 92498 06/17/2004 000131 CARL WARREN & COMPANY I May claim adjuster services 1,060.12 1,060.12 92499 06/17/2004 000137 CHEVRON U S A INC City vehicles fuel expense: Police 616.11 City vehicles fuel expense:CM 10.00 626.11 92500 06/17/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 92501 06/17/2004 003986 COZAD & FOX INC Citywide street sign replacement pgrm 4,270.00 4,270.00 92502 06/17/2004 007785 DEYO, BRYAN mileage reimb. for Mgmt Academy 187.44 187.44 92503 06/17/2004 003945 DIAMOND ENVIRONMENTAL C.Museum portable restroom rental 114.95 June portable restroom rental: Bttrfld 57.48 172.43 92504 06/17/2004 00T768 DIAZ, EDUARDO Refund: Room Rental CRC 50.00 50.00 92505 06/17/2004 007769 DIAZ, MAYRA Refund:Room Rental cancellation 160.00 160.00 92506 06/17/2004 004294 DIVERSIFIED LANDSCAPE CO. 1 st yr Pala Bridge Habitat mntc Svcs 2,700.00 Pala Bridge Habitat mntc svcs 0.00 2,700.00 92507 06/17/2004 007782 DONAHOO, ANDREA Refund: Aquatics -WSI 170.00 170.00 92508 06/17/2004 007770 E.D. IRON WORKS Refund:Room Rental/Deposit 765.00 765.00 Page2 apChki-st Final Check List Page: 3 06/17/2004 2:35:40PM CITY OFTEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92509 06/17/2004 007319 EAGLE ROAD SERVICE & TIRE I PW large equip mobile repair svcs 585.87 585.87 92510 06/17/2004 003223 EDAW INC Apr Biological svcs:Lg Cyn Basin 3,938.53 Credit:Invoice exceeds agreement -884.22 3,054.31 92511 06/17/2004 000161 EDEN SYSTEMS INC Eden Conf:9/21-23:J.Simpson 425.00 425.00 92512 06/17/2004 005052 EMCOR SERVICE H.V.A.C. repair 0 City Hall 1,189.00 H.V.A.C. repair @ TCC 214.99 H.V.A.C. repair @ Wedding Chapel 170.68 H.V.A.C. repair @ CRC 97.50 1,672.17 92513 06/17/2004 003665 EMERITUS COMMUNICATIONS May long distance phone svcs 112.90 112.90 92514 06/17/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments for C.Museum tour 755.33 Youth in Gov't Day refreshments 187.32 942.65 92515 06/17/2004 001056 EXCEL LANDSCAPE Apr Idscp mntc: Slope Areas 25,731.00 Apr Idscp mntc:Median Areas 6,924.00 Apr Idscp mntc: Facilities Areas 6,686.00 39,341.00 92516 06/17/2004 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 107.51 107.51 92517 06/17/2004 007773 FALLEJO, EVERALYN Refund: Security Deposit CRC 100.00 100.00 92518 06/17/2004 000165 FEDERAL EXPRESS INC Express mail services 168.73 168.73 92519 06/17/2004 002832 FENCE BUILDERS Res Imp Prgm: Lovell, Beverly 1,642.00 1,642.00 Page3 apChkLst Final Check List Page: 4 O6/17/2004 2:35:40PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 92520 06/17/2004 003347 FIRST BANKCARD CENTER LIND ELECTRONICS, INC TT computer supplies: IS 429.80 CALIF BAGEL BAKERY & DELI TT Refreshments:Accela Conf 6/2 247.83 LIND ELECTRONICS, INC TT Computer supplies: IS 206.90 CIRCUIT CITY TT Misc computer supplies: IS 172.38 OFFICE DEPOT BUSINESS SVS TT Misc computer supplies:IS 89.93 P.F. CHANG'S CHINA BISTRO I SJ Refreshments: Records software 83.92 CLAIM JUMPER RESTAURANT MN Refreshments:Business Mtg 75.73 BARNES AND NOBLE TT Info Sys help books 62.00 KIESUB ELECTRONICS INC TT IS Holster handspring 59.57 STADIUM PIZZA TT Refreshments:Team Bldg 59.47 TT Bank charges 51.89 ALBERTSONS GROCERY STOR SN City vehicle fuel expense 50.25 T G I FRIDAYS TT Refreshments:IS Mgmt Mtg 35.28 CAFE SEVILLA MN Refreshments:Business Mtg 32.10 EARTHLINK INC TT Council members internet svcs 21.95 MIMI'S CAFE SN Refrshmnt:Cnty Ordinances Mtg 20.69 COST PLUS WORLD MARKET TT Printer supplies: Info System 12.01 SOUTHWEST AIRLINES TT Credit:AirFare for Thorson 7121 -35.00 1,676.70 92521 06/17/2004 001135 FIRST CARE INDUSTRIAL MED Employee physicals & drug testing 300.00 300.00 92522 06/17/2004 004239 FISHER SEHGAL YANEZ INC May Design of Old Town Theater 92523 06/17/2004 007279 GAIL MATERIALS INC 92524 06/17/2004 000186 HANKS HARDWARE INC 92525 06/17/2004 002372 HARMON, JUDY 92526 06/17/2004 007779 HAUSKEN, ROSE 92527 06/17/2004 004811 HEWLETT PACKARD Hilltopper packing clay: Parks Hardware supplies: Code Enforcement TCSD instructor earnings Refund: Summer Day Camp 2 Pro Tablet Computers:Fire Dept 675.17 1,098.20 32.30 491.20 170.00 5,169.85 675.17 1,098.20 32.30 491.20 170.00 5,169.85 Page:4 apChkLst 06/17/2004 2:35:40PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92528 06/17/2004 007786 HILTON, MARIA Reimb: CA Urban Forests Mbshp 35.00 35.00 92529 06/17/2004 006443 HITCHCOCK, ELENI Refund: Combo Dance TCC 131.25 131.25 92530 06/17/2004 005748 HODSON, CHERYL A. Support Payment 28.38 28.38 92531 06/17/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 6,652.85 6,652.85 92532 06/17/2004 007315 INLAND CASH REGISTER C.Museum Point of Sale Software 12,327.26 12,327.26 92533 06/17/2004 001517 INTEGRATED INSIGHTS DBA: H June EE assistance program 682.29 682.29 92534 06/17/2004 000203 JOBS AVAILABLE INC Asst Trffc Eng recruitment ad 64.40 64.40 92535 06/17/2004 007772 JOHN HENRY WEST, THE Refund: Security depst Picnic Shelter 100.00 100.00 92536 06/17/2004 007188 LAERDAL MEDICAL CORP. 20 AED Training Books:Fire 215.50 215.50 92537 06/17/2004 007780 LECKIE, ANTHONY Refund: Toddler Swim Lessons 30.00 30.00 92538 06/17/2004 007734 LEISURE LIVING Refund:Security Depst Picnic Shelter 100.00 100.00 92539 06/17/2004 007784 LEON TURNER DRYWALL Refund:Home OCC Fees 20.00 20.00 92540 06/17/2004 003726 LIFE ASSIST INC Supplies for Paramedic squad 612.92 Supplies for Paramedic squad 59.00 Credit: Returned supplies -255.34 416.58 92541 06/17/2004 006167 LINFIELD SCHOOL Refund: Security Dept Picnic Shelter 100.00 100.00 92542 0&17/2004 006897 LORY, SUSAN, J. TCSD instructor earnings 546.00 TCSD instructor earnings 462.00 TCSD instructor earnings 364.00 TCSD instructor earnings 308.00 TCSD instructor earnings 231.00 TCSD instructor earnings 14.00 1,925.00 92543 06/17/2004 004141 MAINTEX INC Custodial Supplies:Old Town 964.04 964.04 Pages apChkLst O6117/2004 2:35:40PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92544 06/17/2004 001967 MANPOWER TEMPORARY SER Temp Help We 05130 J.D.M.N. 1,159.29 Temp Help We 02122 & 02/29 A.A. 137.27 Temp Help We 04/11 Norton 6.91 Temp Help w/e 05/09 Almodova 6.53 1,310.00 92545 06/17/2004 002664 MAR CO INDUSTRIES INC Repair Battery Charger @ CRC 1,034.13 1,034.13 92546 06/17/2004 000220 MAURICE PRINTERS INC City of Tem. Fastrack Brochures 600.17 600.17 92547 06/17/2004 001924 MAXIMUS INC User Fee Study Update 3,000.00 3,000.00 92548 06/17/2004 005457 MCBRIDE, JIM Reimb:Voorburg Shirts 75.43 75.43 92549 06/17/2004 003800 MCLAUGHLIN ENGINEERING Prgs Pmt #9:J.W. RD:PW02-07 24,279.53 24,279.53 92550 06/17/2004 006571 MELODY'SADWORKS Reimb:O.T.Mrkt/Prom06ryenses 1,118.36 1,118.36 92551 06/17/2004 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings 544.00 544.00 92552 06/17/2004 007210 MIDORI GARDENS May Ldscp Maint:Neighborhood Prks 30,000.00 30,000.00 92553 06/17/2004 001384 MINUTEMAN PRESS Business Cards: P. Jacobs 114.86 114.86 92554 06/17/2004 007777 MITCHELL, KIMBERLY Refund:Sci Adv Camp 144.00 144.00 92555 06/17/2004 001067 MITY LITE INC Fumiture:Childrens Museum 2,228.01 2,228.01 92556 06/17/2004 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 705.60 705.60 92557 06/17/2004 007778 MOMS CLUB OF TEMECULA C Refund:Sec. Deposit 100.00 100.00 92558 06/17/2004 002139 NORTH COUNTY TIMES May Public Ntc Ads:Planning/City Clrk 920.04 May Display Ads:TCSD/City Clerk 507.81 May Recruit Ads for H.R. Dpt. 473.80 1,901.65 92559 06/17/2004 002139 NORTH COUNTY TIMES May CIP Constr. Update Ads:PW 293.60 293.60 92560 06/17/2004 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 877.20 877.20 Page6 apChkLst Final Check List Page: 7 06/17/2004 2:35:40PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92561 06/17/2004 003964 OFFICE DEPOT BUSINESS SVS Supplies:Children's Museum 346.50 Supplies:Children's Museum 29.88 376.38 92562 06/17/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 98.42 City Vehicle Repair/Maint Svcs 33.21 131.63 92563 06/17/2004 002668 OMEGA LAKE SERVICES May Duck Pond water maint. svos 558.50 558.50 92564 06/17/2004 001619 ORANGE COUNTY REGISTER I May recruitment ad for H.R. Opt. 354.34 354.34 92565 06/17/2004 001171 ORIENTAL TRADING COMPANY 4th of July Supplies:TCSD 210.46 210.46 92566 06/17/2004 007692 OTTO ENGINEERING communication ear pieces:Police 442.51 442.51 92567 06/17/2004 006939 PAINT CONNECTION, THE Res Imp Prgm: Bowman, Delilah 1,279.00 1,279.00 92568 06/17/2004 004088 PALA MESA RESORT Lodging:Every 15 Min Pgrm:5/26 1,544.53 1,544.53 92569 06/17/2004 003955 PANE CONSULTING SERVICE ( Supplies for Children's Museum 1,841.13 Supplies for Children's Museum 1,147.54 Staff shirts:Records Mgmt 309.78 Billing correction:inv# 1175 14.24 3,312.69 92570 06/17/2004 004538 PAULEY EQUIPMENT COMPAN Equip rental: Parks 228.20 228.20 92571 06/17/2004 003218 PELA May Pln Ck Svcs:Planning 7,290.00 May Ldscp Pln Ck Svcs:TCSD 2,610.00 9,900.00 92572 06/17/2004 001880 PELI GUARD PRODUCTS Lifeguard Shorts:Aquatics Program 2,112.12 2,112.12 92573 06/17/2004 002331 PEP BOYS INC Parts/Supplies for PW Maint 57.65 Credit:items retumed:PW Maint -3.81 53.84 92574 06/17/2004 001958 PERS LONG TERM CARE PROG PERS Long Tenn Care Payment 288.55 288.55 92575 06/17/2004 000249 PETTY CASH Petty Cash Reimbursement 599.04 599.04 92576 06/17/2004 007484 PHILIPS MEDICAL SYSTEMS I AED Medical Direction:Aquatics 118.53 Sales Tax -8.53 110.00 92577 06/17/2004 000580 PHOTO WORKS OF TEMECULA May Photo Dev/Film:T.Museum 385.54 385.54 Page:? apChkLst Final Check List Page: 8 06/17/2004 2:35:40PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92578 06/17/2004 005939 POMMER, APRIL 1. TCSD Instructor Earnings 64.00 64.00 92579 06/17/2004 000253 POSTMASTER Express Mail & Postal Svcs 104.05 104.05 92580 06/17/2004 007771 PPSN CORPORATION Refund:Sec.Deposit:5/25:CRC 100.00 100.00 92581 06/17/2004 000254 PRESS ENTERPRISE COMPAN May recruitment ads for H.R. Opt. May Display Ads:PW/RDA 92582 06/17/2004 000254 PRESS ENTERPRISE COMPAN 1 yr subscrp:Finance:6683902 92583 06/17/2004 003155 PRICE CHOPPER INC Wristbands for Children's Museum 92584 06/17/2004 003697 PROJECT DESIGN CONSULTAN May Eng Svcs:Lolita Rd/J.W. Rd 4/12-5/9 Prof Svcs:Veteran's Mem. 92585 06/17/2004 005075 PRUDENTIAL OVERALL SUPPL unifomVflr mats/twl rentais:City Facs 92586 06/17/2004 000262 RANCHO CALIF WATER DIST Various Water Meters May 02-79-10310-1 Diaz Rd Apr 02-79-10310-1 Diaz Rd 92587 06/17/2004 003591 RENES COMMERCIAL MANAGE Pest Control @ Pala/Sports Parks 92588 06/17/2004 005807 RESOURCE STRATEGIES INC Digial Aerial Imagery 2004:G.I.S. 92589 06/17/2004 006483 RICHARDS, TYREASHA 1. TCSD Instructor Earnings 92590 06/17/2004 000353 RIVERSIDE COAUDITOR 92591 06/17/2004 000418 RIVERSIDE CO CLERK & 92592 06/17/2004 000411 RIVERSIDE CO FLOOD Apr parking citation assessments Dec Release/Copy Fees:RDA/PW Purchase CD of CIT Files: PW 92593 06/17/2004 000406 RIVERSIDE CO SHERIFFS DEP 4/01-28/04:law enforcement 92594 06/17/2004 003587 RIZZO CONSTRUCTION INC Construction:sidewalk @Stampede Repair:City Hall Restroom 1,535.79 1,049.25 154.44 232.00 5,300.00 2,315.00 815.40 8,826.89 215.55 200.68 825.00 6,062.02 304.00 2,439.50 14.00 17.50 830,988.14 3,058.00 2,200.00 2,585.04 154.44 232.00 7,615.00 815.40 9,243.12 825.00 6,062.02 304.00 2,439.50 14.00 17.50 830,988.14 5,258.00 Pages apChkLst Final Check List Page: 9 06/17/2004 2:35:40PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92595 06/17/2004 000815 ROWLEY, CATHY TCSD Instructor Earnings 216.00 TCSD Instructor Earnings 72.00 TCSD Instructor Earnings 72.00 360.00 92596 06/17/2004 000277 S & S ARTS & CRAFTS INC SMART Program Supplies 1,582.49 Supplies:Smr Concerts/Movies 715.80 Summer Day Camp Supplies 590.74 Summer Day Camp Supplies 301.32 3,190.35 92597 06/17/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 92598 06/17/2004 000278 SAN DIEGO UNION TRIBUNE May recruitment ad for H.R. 92599 06/17/2004 006815 SAN DIEGO, COUNTY OF Support Payment 92600 06/17/2004 007776 SHELTON, AUDREY Refund:Personal Finance 92601 06/17/2004 004609 SHREDFORCE INC May Document Shred Svcs:Rcrd Mgm May Document Shred Svcs:Police 92602 06/17/2004 007342 SHUTE, MIHALY & WEINBERGE Apr Legal Services Pmt 92603 06/17/2004 000697 SISTER CITIES INTERNATIONA City's membership for 2004 92604 06/17/2004 000537 SO CALIF EDISON 92605 06/17/2004 001212 SO CALIF GAS COMPANY Jun 2-01-202-7330 Various Mtrs Jun 2-01-202-7603 Various Mtrs May 2-00-397-5059 Various Mtrs Jun 2-00-987-0775 Vail Ranch Jun 2-06-105-0654 Various Mtrs Jun 2-10-331-1353 Fire Stn 84 Jun 2-25-393-4681 T.E.S. Pool Jun 095-167-7907-2 Fire Stn 84 92606 06/17/2004 007791 SO CALIF WATER COMMITTEE Water Symposium:6/23/04:R.Roberts 92607 06/17/2004 000519 SOUTH COUNTY PEST 92608 06/17/2004 007783 STOLTZ,RENEE 92609 06/17/2004 003840 STRONGS PAINTING Pest Control Svcs: Fire Stn 92 Refund: Park -Picnic Area 2nd pmt:prep/paint var. hems: O.T 488.40 12.50 35.00 110.00 24.00 4,468.50 450.00 37,435.67 13,465.40 6,560.95 4,491.93 1,928.46 973.87 498.02 126.12 75.00 42.00 25.00 13,500.00 488.40 12.50 35.00 134.00 4,468.50 450.00 65,354.30 126.12 75.00 42.00 25.00 13,500.00 Page9 apChkLst 06/17/2004 2:35:40PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92610 06/17/2004 000305 TARGET STORE Supplies:Family Fun Nights 61.70 61.70 92611 06/17/2004 000307 TEMECULA TROPHY COMPAN 250 coin boxes:Econ Dev/Sister Cities 444.47 444.47 92612 06/17/2004 007781 TEMECULA VALLEY CHRUCH Refund:Sec.Deposit/Rental:Sr Ctr 1,860.00 1,860.00 92613 06/17/2004 004274 TEMECULA VALLEY SECURITY Duplicate Keys for Fire Prev. 40.86 40.86 92614 06/17/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 200.00 200.00 92615 06/17/2004 004402 TEMECULA VALLEY WINEGRO tckt:R.Roberts:Comm.Event:7/17 125.00 125.00 92616 06/17/2004 000668 TIMMY D PRODUCTIONS INC D.J. Svcs:Skaters Challenge:6/5/04 400.00 400.00 92617 06/17/2004 000319 TOMARK SPORTS INC Nail drag with wheels:CRC 549.57 549.57 92618 06/17/2004 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 48.00 48.00 92619 06/17/2004 007709 TOYOTA OF TEMECULA VALL Hybrid Vehicle for Planning Dept 23,568.85 23,568.85 92620 06/17/2004 003031 TRAFFIC CONTROL SERVICE 1 100 Yellow Delientors for Traffic 2,693.75 2,693.75 92621 06/17/2004 006192 TRISTAFF GROUP Temp Help We 06/06 Bradley 520.00 520.00 92622 06/17/2004 002702 U S POSTAL SERVICE Postage meter deposit 4,216.24 4,216.24 92623 06/17/2004 000325 UNITED WAY United Way Charities Payment 220.00 220.00 92624 06/17/2004 006807 VANIR CONSTRUCTION Apr Constr. Mgmt Svcs:Comm Theater 18,365.71 18,365.71 92625 06/17/2004 004261 VERIZON CALIFORNIA Jun xxx-5072 general usage 4,546.19 Jun xxx-1941 PTA CD TTACSD 57.29 Jun xxx-3851 general usage 39.61 4,643.09 92626 06/17/2004 004789 VERIZON INTERNET SOLUTION Internet svcs/EOC backup 0 stn 84 69.95 69.95 92627 06/17/2004 004848 VERIZON SELECT SERVICES I Jun long distance phone svcs 1,637.34 1,637.34 Page:10 apChkLst Final Check List Page: 11 O6117/2004 2:35:40PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check A Date Vendor Description Amount Paid Check Total 92628 06/17/2004 004200 VERIZON WIRELESS LLC 6/15-9/14 Pager Svcs:Stone 39.28 39.28 92629 06/17/2004 007737 VIRTUAL FLOW TECHNOLOGY Water Softening Sys:Fire Stn 84 1,197.08 1,197.08 92630 06/17/2004 001881 WATER SAFETY PRODUCTS I Lifeguard Swim Caps:Aquatics 129.00 129.00 92631 06/17/2004 003730 WEST COAST ARBORISTS INC Apr City Slopes Tree Trimming Svcs 180.00 180.00 92632 06/17/2004 007775 WEXLER, ROBERT Refund:Tiny Tots: T-Ball 80.00 80.00 92633 06/17/2004 002109 WHITE CAP INDUSTRIES INC Maint supplies for PW Maint Div 221.60 221.60 Grand total for UNION BANK OF CALIFORNIA: 2,051,886.87 Page:11 apChkLst Final Check List Page: 14 06/24/2004 4:04:57PM CITY OF TEMECULA 179 checks in this report. Detail 06/24/2004 001 418,992.83 120 830,054.13 165 4,433.30 190 99,454.36 192 49.73 193 44,525.27 194 201.73 210 585,304.98 261 7,083.05 280 2,576.99 300 13,358.97 320 20,782.54 330 6,009.30 3401 10,458.73 2,043,285.91 Grand Total All Checks: 2,043,285.91 Page:14 apChkLst Final Check List Page: 1 06/24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 341 06/24/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 36,408.02 36,408.02 342 06/24/2004 000444 INSTATAX (EDD) State Income Taxes Payment 10,525.30 10,525.30 92634 06/23/2004 000621 WESTERN RIVERSIDE COUNC Gen. Assembly Mtg:M.Naggar:6/24 55.00 55.00 92635 06/24/2004 001700 A PLUS TEACHING MATERIALS TCSD recreation supplies 125.32 125.32 92636 06/24/2004 004148 AT&T June Long distance svcs: P.D. 144.14 144.14 92637 06/24/2004 007674 AARDVARK TACTICAL INC Assault entry kit:Police dept 718.67 718.67 92638 06/24/2004 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 25.21 25.21 92639 06/24/2004 007796 ADAMS, TRACY Refund: Toddler Swim Lessons 30.00 30.00 92640 06/24/2004 004064 ADELPHIA May -July high speed internal svcs 25.09 25.09 92641 06/24/2004 003802 ADOLPH KIEFER & ASSOCIATE Pool supplies:Small Leg Float 91.60 91.60 92642 06/24/2004 003679 AEI CASC ENGINEERING May dsgn: Jefferson Rehab Ph II 750.30 750.30 92643 06/24/2004 001916 ALBERT A W EBB ASSOCIATES Jul Apr Svcs: Roripaugh/Btrfld 3,817.45 3,817.45 92644 06/24/2004 001281 ALHAMBRA GROUP May Idscp dsgn: Winchester pdt 2,285.50 2,285.50 92645 06/24/2004 002877 ALTA LOMA CHARTER LINES Bus svcs for Getty Ctr Excursions 637.59 637.59 92646 06/24/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 120.00 DUI Drug & Alcohol Screening 95.85 215.85 92647 06/24/2004 000936 AMERICAN RED CROSS Process aquatics certificates 225.00 Process aquatics certificates 16.00 Process aquatics certificates 8.00 249.00 Page:1 apChkLst O6/24/2004 4:04:57PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92648 06/24/2004 000101 APPLE ONE, INC. Temp help PPE 6/12 Shedd/Wills 1,345.60 Temp help PPE 615 Shadd/Wills 983.04 Temp help PPE 6112 Barrett -Scott 907.17 Temp help PPE 6/5 Lee 897.60 Temp help PPE 6/12 Douvres 540.00 Temp help PPE 6/5 Medina 428.34 Temp help PPE 615 Douvres 405.00 Temp help PPE 6/12 Medina 377.52 Temp help PPE 6/12 Alexander 348.48 Temp help PPE 6/5 Alexander 232.32 Temp help PPE 6/12 Bryant 97.88 Temp help PPE 5/22 Barrett -Scott 83.30 6,646.25 92649 06/24/2004 007799 ARROWHEAD CREDIT UNION Refund: Security Deposit CRC 100.00 100.00 92650 06/24/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Mike Austin 72361355 44.00 Membership: Osvold,Heida 77080614 44.00 88.00 92651 06/24/2004 007065 B & H PHOTO VIDEO INC Police dept camera case 20.90 20.90 92652 06/24/2004 004778 BERRYMAN & HENIGAR INC Apr -May dsgn svcs: R.C.Widening 12,847.50 12,847.50 92663 06/24/2004 006721 BOISE CASCADE OFFICE Fumiture:Childrens Museum 7,458.71 Credit: Returned items -50.55 7,408.16 92654 06/24/2004 007793 BOLEN, SUZANNE Refund:Admin Citation #1570 50.00 50.00 92655 06/24/2004 004176 BROADWING May -Jun Long distance & internal svc 1,775.02 1,775.02 92656 06/24/2004 007806 BROWN, HERMAN Reimb:Encase lntr Tmg:5/31-6/4 44.47 44.47 92657 06/24/2004 006908 C C & COMPANY INC C.Museum Grand Opening entertai 150.00 150.00 92658 06/24/2004 007794 CAL-PASEO DEL SOL, LLC Refund: Legal Fees 2,471.40 2,471.40 92659 O6/24/2004 005116 CALIF DEPT OF STATE Tax remittal confirmation fee 100.00 100.00 92660 06/24/2004 002520 CALIF TS SCREENPRINTING White t-shirts:every 15 min pgnn 985.91 985.91 92661 06/24/2004 005375 CAMMAROTA, SUSAN Reimb:Framing Raw Motorsports art 64.10 64.10 Page2 apChkLst Final Check List Page: 3 06/24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92662 06/24/2004 002415 CASTLE AMUSEMENT PARK 8/04/04 SMART excursion 50.00 50.00 92663 06/24/2004 002415 CASTLE AMUSEMENT PARK Depst: Day camp excursion 50.00 50.00 92664 06/24/2004 007803 CHRIST PRESBYTERIAN Refund:Picnic Shelter Deposit 100.00 100.00 92665 06/24/2004 002989 CLEAR IMAGE WINDOW CLEA City Hall glass canopy cleaning 45.00 45.00 92666 06/24/2004 001193 COMP U S A INC Misc. Computer Supplies: Info Sys 511.80 511.80 92667 06/24/2004 006303 CONDUIT NETWORKS, INC Install intelligent network 5,000.00 5,000.00 92668 06/24/2004 006954 CRAFTSMEN PLUMBING & HVA H.V.A.C. Repair @ City Hall 1,480.38 1,480.38 92669 06/24/2004 004569 DAVID TAUSSIG & ASSOCIATE May tax oonsulting:Roripaugh CFD 563.80 563.80 92670 06/24/2004 007458 DEJA VU TRAVEL INC Airfare:Aocela Conf:7/19-22:NS;SB 329.40 329.40 92671 06/24/2004 004450 DENNIS A HIBBERT PLUMBING Repair Copper Water Line: Sin 84 250.00 250.00 92672 06/24/2004 007499 DIGITAL INTELLIGENCE INC Forensic computer for police dept 6,099.00 6,099.00 92673 06/24/2004 003317 DOMENOE, CHERYL Reimb:'04 Tech Track:6✓8-10 36.03 36.03 92674 06/24/2004 007743 DOW JONES & COMPANY, INC. Subscription sales tax 3.83 3.83 92675 06/24/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 970.44 Fuel for city vehicles: Land Devel 6134 492.07 Fuel for city vehicies:Mntc 61353 464.59 Fuel for city vehicles:B&S 61348 268.21 Fuel for city vehicles: Planning 61347 204.25 Fuel for city vehicles:CIP 61351 133.38 Fuel for city vehicles: Trffc 61953 76.07 Fuel for city vehicles: Planning 61384 63.48 Fuel for city vehicles:City Van 61349 45.93 2,718.42 92676 06/24/2004 001714 DREAM ENGINEERING INC May consultant:Vail Bsktball Lighting 3,880.00 3,880.00 92677 06/24/2004 004985 DREAM PAINTING INC Res Imp Prgm: Cruz, Isaias & Martha 2,100.00 2,100.00 Page3 apChkLst Final Check List Page: 4 O6/24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92678 06/24/2004 001669 DUNN EDWARDS CORPORATI Graffiti removal supplies for PW 6.45 6.45 92679 06/24/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 6111 Heer/Jensen 4,335.10 Temp help PPE 6/11 Grove 2,434.96 Temp help PPE 6111 Jones 1,859.60 Temp help PPE 6/11 Cammarota 1,406.78 Temp help PPE 6111 Sang 1,214.02 Temp help PPE 6/11 Kanigowski 1,209.52 Temp help PPE 6/11 Lontok 1,200.00 Temp help PPE 6111 Gutierrez 1,192.80 Temp help PPE 6/11 Barreda 1,127.18 Temp help PPE 601 Novotny 1,034.38 Temp help PPE 6/11 Rush 524.40 17,538.74 92680 06/24/2004 007693 EAGLE'S MARK INC Neck wallets:Citizen Corp 598.62 598.62 92681 06/24/2004 007656 EARTHSTAR GEOGRAPHICS L ER Mapper Tmg: Beal/DeGange 800.00 800.00 92682 06/24/2004 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Or Ldscp 437.28 437.28 92683 06/24/2004 005052 EMCOR SERVICE H.V.A.C. repair ® City Hall 1,986.00 1,986.00 92684 06/24/2004 002438 ENGEN CORPORATION Veteran's Memorial Feasibility Study 2,310.00 2,310.00 92685 06/24/2004 002939 ENVIRONMENTAL SYSTEMS R Training for AroGIS:K.Beal 1,275.00 Training for ArcGIS: J.DeGange 1.275.00 ARC IMS Consulting svos 688.00 3,238.00 92686 06/24/2004 007798 ESCHRICH, LAURA Refund: Sci Adv Camp -Space & Rock 5.00 5.00 92687 06/24/2004 006487 EUROPEAN CAFE & VINEYARD Rfrshmnts:Police volunteer luncheon 2,262.75 Rdreshments: Education Ctr Mtg 94.50 2,357.25 PageA apChkLst Final Check List Page: 5 06/24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92688 06/24/2004 001056 EXCEL LANDSCAPE May Idscp mntc: Slope Area 25,731.00 May Idscp mntc: Medians 6,924.00 May Idscp mntc: City's Fac 6,686.00 May Idscp impr: Old Town 5,030.00 May Idscp impr: Slope area 1,000.00 May Idscp impr: Slope area 859.23 May Idscp impr. TCC 420.45 May Idscp impr. R.C./Bttrfld 345.02 May Idscp impr: Medians 288.00 May Idscp impr: Slope area 200.00 May Idscp impr: Vail Ranch Prkwy 162.00 May Idscp impr: Vail Ranch Prkwy 144.00 May Idscp impr: TCC 105.00 May Idscp impr:Vail Ranch Prkwy 72.00 47,966.70 92689 06/24/2004 000165 FEDERAL EXPRESS INC Express mail services 113.80 Express mail services 110.52 224.32 92690 06/24/2004 001511 FIELDMAN ROLAPP & ASSOCIA May analysis:Butterfield CFD 3,642.70 May analysis:Harveston II CFD 2,7W.46 6,360.16 92691 06/24/2004 000166 FIRST AMERICAN TITLE Lot Book Report: Ristau 150.00 Lot Book Report: Carter 150.00 300.00 92692 06/24/2004 001135 FIRST CARE INDUSTRIAL MED EE physicals and drug testing 375.00 375.00 92693 06/24/2004 004239 FISHER SEHGAL YANEZ INC May design Svcs:Old Town Theater 9,269.13 9,269.13 92694 06/24/2004 007804 GAZER, GEOFFREY Reimb: High Hope Prgm Prizes 60.00 60.00 92695 06/24/2004 007801 GARCIA, ROBERTO Refund: Security Deposit TCC 100.00 100.00 92696 06/24/2004 007795 GONZALEZ, MARIA Refund: Parent/Me Swim Lessons 65.00 65.00 92697 06/24/2004 000711 GRAPHICS UNLIMITED LITHOG TCSD Summer/Fall brochure 20,562.97 Printing Summer film/concert brochure 874.93 Design 4th of July logo artwork 171.32 21,609.22 92698 06/24/2004 006916 GREYSTONE HOMES Refd:Prk/Recr Impact Fees TR23143- 380,644.08 380,644.08 92699 06/24/2004 006916 GREYSTONE HOMES Refd:Prk/Recr Impact Fees TR23143- 299,672.43 299,672.43 92700 06/24/2004 002174 GROUP 1 PRODUCTIONS Recording Wstrn/Str.PainVCottages 200.00 200.00 Pages apChkLst O6/24/2004 4:04:57PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92701 06/24/2004 005968 GYMBOREE PLAY & MUSIC TCSD instructor earnings 724.00 724.00 92702 06/24/2004 004242 HARMONY ARTISTS INC Salsa Steel:Wstm Days Entertainment 700.00 700.00 92703 06/24/2004 004811 HEW LETT PACKARD 2 Laptop computers:police 2,856.12 1 HP Compaq Tablet PC 2,586.00 2 Notebook computer cases:Police 86.20 5,528.32 92704 06/24/2004 002997 HIGH TECH IRRIGATION INC New motor for Duck Pond fountain 2,796.60 2,796.60 92705 06/24/2004 004911 IMBSEN & ASSOCIATES INC Apr -May dsgn:Ynez Bridge 12,500.00 12,500.00 92706 06/24/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 365.92 Pool sanitizing chemicals 203.43 569.35 92707 06/24/2004 007654 INTERACTIVE DESIGN May prgss: Old Twn mixed -use studie 2,114.75 2,114.75 92708 O6/2412004 004179 INTL EZ-UP EZ-Up canopy for CRC 746.79 746.79 92709 06/24/2004 004908 JIFFY LUBE 1878 City vehicle mntc svcs: B&S 126.13 City vehicle mntc svcs: B&S 103.46 229.59 92710 06/24/2004 003860 JOE'S SHEET METAL II 2 Medic Boxes for Fire Engines 188.93 188.93 92711 06/24/2004 005928 JUTKIEWICZ, ROBIN J. TCSD instructor earnings 68.00 68.00 92712 06/24/2004 004115 K T U & ASSOCIATES May dsgn svcs:Roripaugh Trail plans 13,795.44 13,796.44 92713 06/24/2004 000206 KINKOS INC Traffic safety posters 1,086.12 Stationery paper/misc supplies 31.59 1,117.71 92714 06/24/2004 001282 KNORR SYSTEMS INC Misc pool parts: TCSD 291.15 291.15 92715 06/24/2004 000209 L & M FERTILIZER INC Driveway/Lawn Vacuum: TCSD 2,693.75 2,693.75 92716 06/24/2004 004312 LENNAR COMMUNTIES Refd:Prk/Recr Impact Fees TR23143- 99,997.38 99,997.38 92717 06/24/2004 004905 LIEBERT, CASSIDY & WHITMOR May HR legal svos for TE060400001 312.00 312.00 PageB apChkLst Final Check List Page: 7 06/24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 92718 06/24/2004 003726 LIFE ASSIST INC 92719 06/24/2004 006182 M C M CONSTRUCTION, INC. (Continued) Description Amount Paid Check Total Supplies for Paramedic squad 6,456.64 Supplies for Paramedic squad 171.00 Supplies for Paramedic squad 95.92 6,723.56 Prgs Pmt #9:R.C.Bridge Widening 135,642.00 135,642.00 92720 06/24/2004 004141 MAINTEX INC Custodial Supplies: City Hall Custodial Supplies: CRC Custodial Supplies: TCSD Custodial Supplies: West Wing Custodial Supplies: C. Museum Custodial Supplies: T. Museum Custodial Supplies: TCC Custodial Supplies: MPSC Custodial Supplies: CRC 92721 06/24/2004 000217 MARGARITA OFFICIALS ASSN May Softball Officiating Svcs 92722 06/24/2004 007694 MARINE RESCUE PRODUCTS I Backboards: Aquatics Prgm 92723 06/24/2004 000220 MAURICE PRINTERS INC Stationery Supplies: C. Museum 92724 06/24/2004 000944 MCCAIN TRAFFIC SUPPLY INC Tools/Equip: PW Traf. Div. 92725 06/24/2004 007210 MIDORI GARDENS 92726 06/24/2004 001384 MINUTEMAN PRESS 92727 06/24/2004 001892 MOBILE MODULAR Irrigation repairs: Lng Cyn Crk Park Irrigation repairs:5/26:J.Magee Park Irrigation repairs:5/20:J. Magee Park Irrigation repairs: Duck Pond Park business cards: J. McBride business cards: T. Cole business cards: L. Stiles Jun Modular Bldg Rental:Stn 92 92728 06/24/2004 007590 MUSIC PRODIGY FOUNDATION performance:Youth Jazz Fast. 4117 92729 06/24/2004 001986 MUZAK -SOUTHERN CALIFORN Repair/Maint Light Dimmer. CRC 92730 06/24/2004 002925 NAPA AUTO PARTS Parts/Supplies: Medic Squad 92731 06/24/2004 001599 NORTH COUNTY BASKETBALL Basketball Forfeits/Assignment fees 834.79 795.87 682.25 469.21 379.16 338.57 323.21 258.49 183.43 3,175.00 780.40 1,509.58 2,986.83 650.00 249.45 228.82 205.00 114.86 42.83 42.83 832.40 200.00 966.61 61.34 86.00 4,264.98 3,175.00 780.40 1,509.58 2,986.93 1,333.27 200.52 832.40 200.00 966.61 61.34 86.00 Page:? apChkLst 06/24/2004 4:04:57PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92732 06/24/2004 007805 NORTON, JOHN mileage reimb:ballfield/park patrol 214.88 214.88 92733 06/24/2004 003964 OFFICE DEPOT BUSINESS SVS Office Supplies: Planning 214.48 214.48 92734 06/24/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 151.03 City Vehicle Repair/Main Svcs 71.40 City Vehicle Repair/Maint Svcs 53.53 City Vehicle Repair/Main Svcs 39.19 City Vehicle Repair/Main Svcs 33.50 City Vehicle Repair/Maint Svcs 10.01 358.66 92735 06/24/2004 001619 ORANGE COUNTY REGISTER I Jun recruit ads for H.R. Dept. 1,173.02 1,173.02 92736 06/24/2004 001171 ORIENTAL TRADING COMPANY Recreation Supplies: TCC 169.00 169.00 92737 06/24/2004 002652 PAT & OSCARS RESTAURANT rfrshmnts:every 15 min prgm:5/27 1,625.88 rfrshmnts:every 15 min prgm:5/26 858.40 2,484.28 92738 06/24/2004 002331 PEP BOYS INC Parts/Supplies: PW Maint. Div. 11.29 11.29 92739 06/24/2004 000249 PETTY CASH Petty Cash Reimbursement 303.40 303.40 92740 06/24/2004 000254 PRESS ENTERPRISE COMPAN 1 yr subscrp:TCSD/West Wing 308.88 308.88 92741 06/24/2004 003697 PROJECT DESIGN CONSULTAN 4/12.5/9 Dsgn Svcs:Murr Crk/Ovdnd 655.60 655.60 92742 06/24/2004 004519 PYRO SPECTACULARS INC Deposit: July 4th Fireworks Display 15,000.00 15,000.00 92743 06/24/2004 001364 R C P BLOCK & BRICK INC Graffiti Remover: Var. Parks 607.71 607.71 92744 06/24/2004 004457 R J NOBLE COMPANY Prgs Pmt 1l5: R.C. Rd. Widening 52,554.51 52,554.51 92745 06/24/2004 006664 R R M DESIGN GROUP Consult svcs:Citywide dsgn guidelines 1,734.51 1,734.51 PageB apChkLst Final Check List Page: 9 06/24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description 92746 06/24/2004 000728 RAMSEY BACKFLOW & PLUMB Backflow Testing: var. loc. Citywide Backflow Testing: Deportola/La Seren Backflow Testing: Butterfield Stage Backflow Testing: var. loc. Citywide Backflow Testing: Pechanga Pkwy Backflow Testing: var. loc. Citywide Backflow Testing: Var. Parks Backflow Testing: Avenida De Mission 92747 06/24/2004 000262 RANCHO CALIF WATER DIST Various Water Meters Various Water Meters 92748 06/24/2004 005587 RANCHO ELEMENTARY SCHO Refund:Sec. Deposit:6/08 CRC 92749 06/24/2004 004584 REGENCY LIGHTING Electrical Supplies: West Wing Electrical Supplies: TCC Electrical Supplies: T. Museum Electrical Supplies: Var. Parks Electrical Supplies: Var. Parks 92750 06/24/2004 003742 REHAB FINANCIAL CORPORATI May Res Imp Prgm loan svcs:RDA 92751 06/24/2004 002110 RENTAL SERVICE CORPORATI Equip rental: PW Maint. Div. Equip rental: PW Maint. Div. Equip rental: PW Maint. Div. 92752 06/24/2004 007402 RICHARD BRADY & ASSOCIATE May dsgn svcs: Mntc Facility 92753 06/24/2004 002412 RICHARDS WATSON & 92754 06/24/2004 007800 RICKS, JODY 92755 06/24/2004 000266 RIGHTWAY 92756 06/24/2004 000352 RIVERSIDE CO ASSESSOR 92757 06/24/2004 005334 RIVERSIDE CO FACILITIES 92758 06/24/2004 000411 RIVERSIDE CO FLOOD Apr 2004 legal services Refund:Sec. Deposit:6108 CRC equip rental - Riverton Park equip rental - Lng Cyn Crk Park equip rental - Veteran's Park Jun assessor maps: B&S Dept. Oct -Feb svcs:l-15/Cherry interchange Feb -Apr svcs:1-15/Cherry interchange Apr Plan Check Fees:Pechanga Pkwy Amount Paid 634.00 539.00 496.00 342.00 339.00 252.00 72.00 30.00 10,719.35 465.02 529.48 477.35 323.90 164.08 51.20 16.00 231.03 210.44 9.86 36,424.73 136,619.66 100.00 59.79 59.79 59.79 42.00 3,930.00 570.00 51.54 Check Total 2,704.00 11,184.37 200.00 1,546.01 16.00 451.33 36,424.73 136,619.66 100.00 179.37 42.00 4,500.00 61.54 Page9 apChkLst Final Check List Page: 10 06/24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check 4 Date Vendor Description Amount Paid Check Total 92759 06/24/2004 001592 RIVERSIDE CO INFO Provoice Radio/Cables: Police 4,272.42 Apr Police Radio Rentals 1,235.60 Credit: DP Sys/Op/LAN Support -3,328.20 2,179.82 92760 06/24/2004 000406 RIVERSIDE CO SHERIFFS DEP Trf.Collision Investigation: PK/DN:5/3 210.00 210.00 92761 06/24/2004 003587 RIZZO CONSTRUCTION INC Caulking windows:City Hall/1st flr 1,000.00 1,000.00 92762 06/24/2004 001624 ROBERTS, GENIE ee computer loan prgm 2,000.00 2,000.00 92763 06/24/2004 007802 ROEPER, HERMAN Refund: Park -Picnic Area:4/17 200.00 200.00 92764 06/24/2004 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 560.00 560.00 92765 06/24/2004 001942 S C SIGNS Mar/Apr Post Public Ntc Signs:Pln 1,785.00 Mar -Apr public ntc postings: C.Clerk 340.00 2,125.00 92766 06/24/2004 001500 SAN DIEGO REGIONAL TRAIN Stress Mgmt:B.YJJ.DJB.G.:05/11 405.00 Prep for Promobon:5/04:Fisk/Long 270.00 Grammatical Concepts:K.P.:5/20 135.00 810.00 92767 06/24/2004 007617 SCIENCE KIT & BOREAL Children's Museum Supplies 883.40 883.40 92768 06/24/2004 000645 SMART & FINAL INC Recreation Supplies: CRC 348.36 Recreation Supplies: Summer Day Ca 308.90 Recreation Supplies: MPSC 194.53 Recreation Supplies: Family Fun Night 107.64 Recreation Supplies: 4th of July 90.28 Kitchen/Coffee Supplies: City Hall 49.12 Recreation Supplies: SMART Prgm 45.91 Office Supplies: Finance 42.39 Recreation Supplies: Teen Prgm 19,04 1,206.17 92769 06/24/2004 000537 SO CALIF EDISON May 2-19-999-9442 Various Mtrs 1,232.53 Jun 2-22-891-0550 Various Mtrs 244.76 Jun 2-26-132-1707 Pauba Rd Prk 154.26 Jun 2-24-628-8963 Btrtid Stage 29.10 1,660.65 92770 06/24/2004 000926 SO CALIF EDISON Electric Svc Install:Sports Complex 188.10 188.10 92771 06/24/2004 001212 SO CALIF GAS COMPANY Various Gas Mtrs:City Facilities 2,301.96 2,301.96 92772 06/24/2004 000519 SOUTH COUNTY PEST May/Jun Pest Control:Pks Picnic Shlt 624.00 624.00 Page:10 apChkLst Final Check List Page: 11 O6124/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92773 06/24/2004 004374 SOUTHLAND CAR COUNTERS Trf Movement Data Collection:Cityw 15,000.00 15,000.00 92774 06/24/2004 006559 SOUTHWESTERN RIVERSIDE C Refund:Sec.Deposit/Rental:6r12 CRC 260.00 260.00 92775 06/24/2004 000293 STADIUM PIZZA Rfrshmnts:SMART Prgm Mtg:6/16 106.87 106.87 92776 06/24/2004 002366 STEAM SUPERIOR CARPET CL General Cleaning: T. & C. Museum 1,000.00 kitchen general cleaning @ TCC 300.00 1,300.00 92777 06/24/2004 004247 STERICYCLE INC May Medical Waste Collection Svcs 94.60 94.60 92778 06/24/2004 007807 STORMCON Stonnwater Mgmt W rkshp:7/26:A.L. 225.00 225.00 92779 06/24/2004 002224 SYNDISTAR INC Public Educ. Supplies: Fire Prev. 1,379.11 1,379.11 92780 06/24/2004 003599 T Y LIN INTERNATIONAL May consir. support: R.C. Bridge 855.00 855.00 92781 06/24/2004 000305 TARGET STORE Recreation Supplies: CRC 386.66 Recreation Supplies: Sports Prgm 323.71 Recreation Supplies: Summer Day Ca 219.38 Recreation Supplies: SMART Prgm 211.81 Recreation Supplies: Skate Park 205.72 Recreation Supplies: Aquatics Prgm 132.53 Recreation Supplies: Aquatics Prgm 117.60 Recreation Supplies: Skate Park 114.14 Recreation Supplies: MPSC 94.18 1,805.73 92782 06/24/2004 004397 TEMECULA AUTO BODY & PAI Autobody repair: Code Ent. Vehicle 4,945.06 4,945.06 92783 06/24/2004 006465 TEMECULA AUTO REPAIR Repair/Maint. Medic Squad Vehicle 1,046.05 1,046.05 92784 06/24/2004 006914 TEMECULA COPIERS INC. May copier usage cost: City Fac. 4,213.30 Supplies: Copy Center 131.46 Supplies: Copy Center 53.88 4,398.64 92785 06/24/2004 003677 TEMECULA MOTORSPORTS LL repair/maint Police motorcycles 864.98 864.98 92786 06/24/2004 000307 TEMECULA TROPHY COMPAN Awards: Police Volunteers 490.26 Recogn. Plaque: Aquatics Prgm 80.81 Plaque:Sister City Voorburg 71.12 642.19 92787 06/24/2004 000311 TEMECULA VALLEY HIGH SCH Refund:Sec. Deposit:6/11 CRC 100.00 100.00 Page:11 apChkLst Final Check List Page: 12 06t24/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92788 06/24/2004 004274 TEMECULA VALLEY SECURITY Key Sys/install door alarm: C.Museum 981.99 Key Cabinets @ C.Museum 243.46 Addtl rekey svcs: Children Museum 65.00 1,290.45 92789 06/24/2004 007636 THERMO ELECTRON CORP Pump & calibration kit:Fire 3,503.20 3,503.20 92790 06/24/2004 002452 TOP LINE INDUSTRIAL Parts/Supplies:PW Maint. 160.39 160.39 92791 06/24/2004 005567 TOTL GEAR LLC Lifeguard shirts & sweatshirts 1.213.22 1,213.22 92792 06/24/2004 007433 TOVEY SHULTZ CONSTRUCTIO Prgs Pmt #3: O.T. Community Theater 280,132.40 280,132.40 92793 06/24/2004 007755 TOWNSEND, LISA Refund:Aquatics-Lifeguard Tm 130.00 130.00 92794 06/24/2004 003031 TRAFFIC CONTROL SERVICE I Traf. Control Supplies: PW Maint. Div. 611.48 Traf. Control Supplies: PW Maint. Div. 377.95 989.43 92795 06/24/2004 005873 TRI AD ACTUARIES INC Jun Administration Fees 348.50 348.50 92796 06/24/2004 006192 TRISTAFF GROUP Temp Help We 06/13 Bradley 520.00 520.00 92797 06/24/2004 007808 U S HOME CORPORATION Refund:Prk/Rec DIF Fees TR23143-1 49,740.24 49,740.24 92798 06/24/2004 007118 U S TELPACIFIC CORPORATIO Jun Internet IP Addresses Block 539.75 539.75 92799 06/24/2004 007631 U S TRAFFIC CORPORATION traffic signal tools/equip:P W Trf Div 6,597.75 6,597.75 92800 06/24/2004 004261 VERIZON CALIFORNIA Jun xxx-0074 general usage 256.57 Jun xxx-0073 general usage 252.06 Jun xxx-1473 P.D. O.T. Stn 110.77 Jun xxx-1603 City Hall 89.73 Jun xxx-8573 general usage 30.16 Jun xxx-3923 Stone 27.16 766.45 92801 06/24/2004 007405 WATER SPECIALIST CONSULT Cross Connection Testing:Var. Parks 1,120.00 1,120.00 92802 06/24/2004 003730 WEST COAST ARBORISTS INC May Slope Tree Trimming Svcs 4,680.00 May Citywide Tree Trimming Svcs 3,208.50 7,888.50 92803 06/24/2004 000621 WESTERN RIVERSIDE COUNC May 2004 TUMF Fees Payment 152,950.00 152,950.00 Page:12 apChkLst Final Check List Page: 13 O6124/2004 4:04:57PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check p Date Vendor Description Amount Paid Check Total 92804 06/24/2004 007697 WESTIN ST. FRANCIS HOTEL, T Htl:Accela Cf:7/18-22:JM;SB 1,177.30 1,177.30 92805 06/24/2004 007697 WESTIN ST. FRANCIS HOTEL, T Htl:Aocela Cf:7/18-21:837310682 882.98 882.98 92806 06/24/2004 000341 WILLDAN ASSOCIATES INC Apr Dsgn Svcs:Pechanga/Muirfield 945.00 945.00 92807 06/24/2004 007797 WILSON, DIANE Refund:Park-Picnic Area 35.00 35.00 92808 06/24/2004 000345 XEROX CORPORATION BILLIN Supplies: Copy Center 116.18 116.18 92809 06/24/2004 000348 ZIGLER, GAIL Reimb:Ovdnd/C.Museum Dedications 153.32 153.32 92810 06/24/2004 005195 ZOOLOGICAL SOCIETY Summer Day Camp Excursion:7/01/04 1,971.25 1,971.25 Grand total for UNION BANK OF CALIFORNIA: 2,043,285.91 Page:13 apChkLst Final Check List Page: 10 06/30/2004 5:02:OOPM CITY OF TEMECULA 115 Checks in this report. Detail 06/30/2004 001 972,784.46 190 63,266.34 193 2,416.08 194 1,693,016.04 210 206,874.92 274 10,280.00 280 91,752.69 300 841.76 320 811.33 330 1,928.87 340 8,610.11 3,052,582.60 Grand Total All Checks: 3.052.582.60 Page:10 apChkLst Final Check List Page: 1 06/30/2004 5:02:OO13M CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor Description Amount Paid Check Total 343 06/30/2004 007659 FIRST AMERICAN TITLE Property punch. APN 961-010-005 87,431.00 87,431.00 344 06/30/2004 007659 FIRST AMERICAN TITLE Property pumh. APN 909-281-019 138,572.00 138,572.00 92811 06/30/2004 001700 A PLUS TEACHING MATERIALS Misc. Recreation Supplies: TCSD 53.93 53.93 92812 06/30/2004 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 44.04 Pool sanitizing chemicals 19.38 63.42 92813 06/30/2004 006915 ALLIE'S PARTY EQUIPMENT Street Painting equip rental 668.58 Bridge dedication equip rental 45.11 713.69 92814 06/30/2004 005772 AMTEK INC Misc. Cell Phone Accessories 184.90 184.90 92815 06/30/2004 004482 ANSWER, THE Summer concert series entertainment 900.00 900.00 92816 06/30/2004 000622 BANTA ELECTRIC-REFRIGERA Install City Hall electro-mag door 875.00 875.00 92817 06/30/2004 007828 BEAUMONT, JOHN Refund: Security Deposit TCC 100.00 100.00 92818 06/30/2004 004262 BIO-TOX LABORATORIES DUI Drug & Alcohol Screening 796.67 DUI Drug & Alcohol Screening 49.43 846.10 92819 06/30/2004 006721 BOISE CASCADE OFFICE Office Supplies: Finance 156.78 156.78 92820 06/30/2004 007822 BOLLES, KAREN Refund: Skyhwk Baseball Camp 230.00 230.00 92821 06/30/2004 006908 C C & COMPANY INC C.Museum Grand Opening entertain 1,925.00 C.Museum Grand Opening entertain 150.00 2,075.00 92822 06/30/2004 005384 CALIF BAGEL BAKERY & DELI Refreshments: Council closed session 232.74 232.74 92823 06/30/2004 002534 CATERERS CAFE Refreshments: CM business mtgs 36.59 36.59 92824 06/30/2004 005373 CHINIAEFF, DENNIS Reimb:'04 Nall APA Cf:4/24-28/04 1,326.50 1,326.50 92825 06/30/2004 003986 COZAD & FOX INC June Pauba Rd survey for Library Pdt 7,682.50 Apr -June waterline desgn Pauba Rd 7,194.50 MayJune waterline: J. Warner Rd 5,530.00 Mar -May dsgn waterline: J. Warner Rd 2,655.00 23,062.00 Page:1 spChkLst 06/30/2004 5:02:OOPM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92826 06/3O/2004 007820 CROWTHER, MYRNA Refund: Digital Camera 3 Adv 40.00 40.00 92827 06/30/2004 005567 CUSTOM GEAR AND INK '04 summer day camp t-shirts 1,112.67 1,112.67 92828 06/30/2004 007813 DENHAM, DENEEN Refund: Parent & Me Swim Lessons 30.00 30.00 92829 06/30/2004 004526 DESTINATION TEMECULA C.Museum Shuttle for Grand Opening 2,950.00 2,950.00 92830 06/30/2004 003945 DIAMOND ENVIRONMENTAL Wstrn Days Portable Toilets 203.11 203.11 92831 06/30/2004 000684 DIEHL EVANS & COMPANY LLP FY 03/04 Audit srvcs:lnterim 3,000.00 3,000.00 92832 06/30/2004 003223 EDAW INC May Biological svcs:Pala Rd Bridge 469.39 469.39 92833 06/30/2004 007818 ELIAS, LORI Refund: Picnic Shelter-Temeku Hills 30.00 30.00 92834 06/30/2004 002438 ENGEN CORPORATION Geotechnical svcs:Pavement Rehab 12,112.00 June Geotech SNcs:John Warner 2,095.00 14,207.00 92835 06/30/2004 000164 ESGIL CORPORATION May B&S plan check svcs 15,416.37 Credit: Invoice exceeds agreement -4,926.50 10,489.87 92836 06/30/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: C.Museum Grand 3,852.06 3,852.06 92837 06/30/2004 000478 FAST SIGNS C.Museum Shuttle signs 501.75 Cinco de Mayo Fiesta Banner 126.43 628.18 Page2 apChkLst Final Check List Page: 3 O6/30/2004 5:02:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid 92838 06/30/2004 003347 FIRST BANKCARD CENTER LEAGUE OF CALIF CITIES HP'04 Comm Svc Cf:7/28-30:Meyler 1,975.00 LEAGUE OF CALIF CITIES RR'04 Mayors & Council Cf:7/28-30 395.00 SOUTHWEST AIRLINES AE Airfare:Aocela Cf:7/18:Brockmeier 393.40 SOUTHWEST AIRLINES RR Airtare:Mayor/Council Mtg:7/28-30 388.40 HILTON RR Meal:NLC Steering Mtg:6/10-12 338.99 ALASKA AIRLINES GR Airfare:Eden Cf:Simpson:9/20 278.70 GES EXPOSITION SERVICES I GY Leisure Exp:Elect/Handling Chrgs 251.40 URBAN LAND INSTITUTE GT Membership:Thornhill 35248 239.95 INTL CODE COUNCIL, AE Book:Ca Bldg Loose'01 217.03 HYATT RR Htl: Public Safety Comm:6/17.18 182.76 SOUTHWEST AIRLINES JC Airfare:Mayor/Council Mtg:7/28-30 142.70 SAN DIEGO REGIONAL TRAIN GY Stress Mgmt Sem:Gutierrez: 5/11 135.00 BLACK ANGUS GY Refreshments:Trffc Safety Mtg 118.00 HERTZ RENT -A -CAR JC Car Rental on 5113/04 Baltimore 104.63 THINGS REMEMBERED GR Employee recognition award 95.95 CALIF GRILL GY Refreshments:Solid State Mtg 87.05 CLAIM JUMPER RESTAURANT GY Refreshments:Mtg w/Union 61.66 SIZZLER RESTAURANT DU Rfrshmnts:Commission Session 41.97 MARIE CALLENDER HP Refreshments:Mntc staff team bldg 41.49 CONTINENTAL AIRLINES INC RR Airport shuttle svcs: NLC Steering 39.00 MINUTEMAN PRESS DU Business cards: Don Hazen 36.63 ONTARIO AIRPORT RR Overnight Prkg:NLC Mtg:6/10-12 36.00 THEATRE COMMUNICATIONS HP Subscription: Amer. Theatre 35.00 SAN DIEGO LUGGAGE JS Cellular phone case 32.33 SUPERSHUTTLE RR Public Safety Comm:6/17-18 26.00 COCOS BAKERY GY Refreshments: Mtg w/RVSD Co. 22.00 ONTARIO AIRPORT RR Ovmght Prk:Public Safety:6117-18 18.00 KMART GY Supplies for Bridge Dedication 10.77 OFFICE BUSINESS CENTER, T RR Public Safety Comm:6/17-18 2.14 Check Total Page3 apChkLst Final Check List Page: 4 06/30/2004 5:02:0012M CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total ACCELA.COM AE Credit:Aocela Cf Reg:Harris -350.00 5,396.95 92839 06/30/2004 001135 FIRST CARE INDUSTRIAL MED New hires physical & drug testing 545.00 New hires physical & drug testing 35.00 580.00 92840 06/30/2004 007815 FOLEY, KRISTENE Refund: 2-Sci Adv Camp-Robo Tech 293.00 293.00 92841 06/30/2004 007831 FRIENDS OF THE TEMECULA Per cooperation agrmnt dated 3/16104 20,000.00 20,000.00 92842 06/30/2004 000173 GENERAL BINDING CORPORAT Binding and lamination supplies 83.51 83.51 92843 06/30/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire 46.87 46.87 92844 06/30/2004 003106 HERITAGE SECURITY SERVIC Ballpark Security Services 1,144.00 1,144.00 92845 06/30/2004 007826 HOLMES, M. Refund: Security Deposit CRC 100.00 100.00 92846 06/30/2004 002166 INGRAM ELECTRIC Repair Old Town light fixtures 4,646.00 4,646.00 92847 06/30/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 250.36 250.36 92848 06/30/2004 004908 JIFFY LUBE 1878 City Vehicle Repair/Maint Svcs 50.01 50.01 92849 06/30/2004 005571 JOAN F. SPARKMAN SCHOOL P Refund: Security Deposit CRC Pool 100.00 100.00 92850 06/30/2004 007814 JOCSON, LUCINDA Refund: Level 1 Swim Lessons 40.00 40.00 92851 06/30/2004 004912 JOHN LISEE PUMPS INC Repair CRC Pool Pump 4,443.09 4,443.09 92852 06/30/2004 003046 K F R O G 95.1 FM RADIO Wstm Days Radio broadcast svcs 500.00 500.00 92853 06/30/2004 000206 KINKOS INC Stationery paper/mist supplies 507.89 507.89 92854 06/30/2004 007812 KLIMES, SARKA Refund: Parent & Me Swim Lessons 35.50 35.50 92855 06/30/2004 006744 LAMAR CORPORATION, THE June billboard lease -Old Town 2,500.00 June billboard chg-out:Str Painting 450.00 2,950.00 92856 06/30/2004 007819 LAMBERT, CERTEZA Refund: Security Deposit TCC 100.00 100.00 PageA apChkLst O6130/2004 5:02:OOPM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92857 06/30/2004 000586 LEXISNEXIS MATTHEW BENDE Web formatting fees: Muni Code 120.44 120.44 92858 06/30/2004 003726 LIFE ASSIST INC Supplies for Paramedic squad 1,007.65 1,007.65 92859 06/30/2004 004174 LIGHT IMPRESSIONS T. Museum exhibit supplies 75.26 75.26 92860 06/30/2004 004087 LOW E'S Hardware supplies: TCSD 143.18 143.18 92861 06/30/2004 007809 LOWERY, GINAMARIE Refund: Level 1 Swim Lessons 30.00 30.00 92862 06/30/2004 003782 MAIN STREET SIGNS Citywide Str. Name Sign Replacement 9,358.09 Various Signs for PW Maint. Div. 1,325.86 10,683.95 92863 06/30/2004 007825 MALDONADO, JOE Refund:Photography: Beginning 85.00 85.00 92864 06/30/2004 004068 MANALILI, AILEEN TCSD Instructor Earnings 285.27 TCSD Instructor Earnings 252.00 TCSD Instructor Earnings 211.51 748.78 92865 06/30/2004 007810 MANJARREZ, GABRIEL Refund:Toddler Swim Lessons 30.00 30.00 92866 06/30/2004 001967 MANPOWER TEMPORARY SER Temp Help w/e 06113 JD/JN 1,026.77 1,026.77 92867 06/30/2004 004951 MIKE'S PRECISION WELDING I Repair Broken Lights 0 Pala Park 150.00 150.00 92868 06/30/2004 005887 MOFFATT & NICHOL ENGINEER Apr -May Eng Svcs:F.V. Pkwy/1-15 2,680.70 2,680.70 92869 06/30/2004 007071 MONART SCHOOL OF THE AR TCSD Instructor Earnings 230.40 TCSD Instructor Earnings 230.40 TCSD Instructor Earnings 172.80 TCSD Instructor Earnings 57.60 691.20 92870 06/30/2004 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings 384.00 384.00 92871 06/30/2004 007811 NEWELL, HOLLY Refund:Parent & Me Swim Lessons 30.00 30.00 92872 06/30/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Mainz Svcs 87.63 City Vehicle Repair/Maint Svcs 49.95 137.58 92873 06/30/2004 001171 ORIENTAL TRADING COMPANY Rao Supplies: TCC 15.80 15.80 Pages apChkLst Final Check List Page: 6 O6130/2004 5:02:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92874 06/30/2004 002297 OVERLAND PACIFIC & CUTLER May Model Relocation Plan: Prk Lot 205.00 205.00 92875 06/30/2004 002256 P & D CONSULTANTS INC May temp help Henderson 11,523.52 11,523.52 92876 06/30/2004 007827 PALOMA ELEMENTARY SCHOO Refund:Sec. Deposit:CRC 06115 100.00 100.00 92877 06/30/2004 003955 PANE CONSULTING SERVICE ( TCSD staff shirts 1,492.79 1,492.79 92878 06/30/2004 007816 PAPICH, MARY Refund:Cartooning-Sea Creatures 30.00 30.00 92879 06/30/2004 000249 PETTY CASH Petty Cash Reimbursement 713.09 713.09 92880 06/30/2004 007484 PHILIPS MEDICAL SYSTEMS I AED Defibrillators:Chaparral/TES Pool 2,923.48 2,923.48 92881 06/30/2004 001999 PITNEY BOW ES Postage Meter Supplies: Copy Ctr 346.16 346.16 92882 06/30/2004 004519 PYRO SPECTACULARS INC Final Pmt: July 4th Fireworks Display 15,000.00 15,000.00 92883 06/30/2004 000262 RANCHO CALIF WATER DIST Jun 01-99-02003-0 Floating Meter 239.37 Jun 02-79-10100-1 NW Sprts Cmplx 75.53 314.90 92884 06/30/2004 000947 RANCHO REPROGRAPHICS Dupl. Blueprints: Meadows/La Serena 197.83 Dupl. Blueprints: Tom. Sprts Cmplx 6.47 204.30 92885 06/30/2004 007817 RCM CAPITAL PARTNERS Refund:Overpmt plan fees 15.00 15.00 92886 06/30/2004 004584 REGENCY LIGHTING Electrical Supplies: City Hall 212.78 Electrical Supplies: CRC 84.37 Electrical Supplies: City Hall 6.25 303.40 92887 06/30/2004 000267 RIVERSIDE CO FIRE Jan-Mar:fire services 882,234.00 882,234.00 92888 06/30/2004 001592 RIVERSIDE CO INFO May emerg, radio rental: P.D. 1,235.60 1,235.60 92889 06/30/2004 000955 RIVERSIDE CO SHERIFF SW ST Western Days Patrol Svcs: 5/22-23 2,326.80 Street Painting Patrol Svcs: 6119-20 587.75 Concert/Greens Patrol Svcs: 6/20 554.00 3,468.55 92890 06/30/2004 000873 ROBERTS, RONALD H. Reimb:Steering Comm. Mtg:6/10-12 21.00 21.00 Page£ apChkLst 06/30/2004 5:02:0012M Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 92891 06/30/2004 000277 S & S ARTS & CRAFTS INC 92892 06/30/2004 007823 SHIREY, KERI Final Check List CITY OF TEMECULA (Continued) Description Supplies: SMART Program Rec Supplies:Smr Concerts/Films Refund:Musicians wksp-beg strings 92893 06/30/2004 007342 SHUTE, MIHALY & WEINBERGE May Legal Services Pmt 92894 06/30/2004 004814 SIMON WONG ENGINEERING I May Dsgn Svcs: Main Str. Bridge 92895 06/30/2004 000645 SMART & FINAL INC 92896 06/30/2004 000537 SO CALIF EDISON 92897 06/30/2004 005786 SPRINT Rec Supplies: Neighborhood Events Rec Supplies: MPSC Jun 2-00-397-5042 City Hall Jun 2-02-351-4946 Sr Ctr Jun 2-00-397-5067 Various Mfrs Jun 2-18-937-3152 T.Museum Jun 2-23-365-5992 Fire Stn 92 Jun 2-20-817-9929 P.D. O.T. Stn Jun 2-11-007-0455 6th St. Jun 2-22-575-0876 O. T. Front St. Jun 2-21-911-7892 O.T. Prk Lot Jun 2-19-171-8568 Wedding Chpl Jun 2-21-981-4720 Hwy 79 Jun 2-18-528-9980 Santiago Jun 2-22-057-2226 6th St. Jun 2-22-496-3439 Winchester Jun 2-14-204-1615 Fmt St Rdio Jun Aoct Level Chrgs 92898 06/30/2004 002366 STEAM SUPERIOR CARPET CL Custodial Svcs: Children's Museum 92899 06/30/2004 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings TCSD Instructor Earnings 92900 06/30/2004 003840 STRONGS PAINTING Final pmt:prep/paint var. items: O.T. Prep/paint 3 gates/fence: Old Town Paint generator gates @ City Hall 92901 06/30/2004 007273 STUMPS PRINTING COMPANY I 4th of July Supplies: TCSD 92902 06/30/2004 007704 TARBELL, JUDITH Refund:Tennis Camp Kids 92903 06/30/2004 007821 TAYLOR, LAURIE Refund:Skyhwk Baseball Camp Amount Paid 364.41 77.52 25.20 1,098.96 17,754.53 209.92 77.08 7,094.33 1,186.31 926.08 879.95 363.30 320.59 282.67 238.73 124.18 57.08 54.52 44.81 39.16 37.24 21.75 33.87 1,075.00 640.00 192.00 13,500.00 2,600.00 400.00 im 80.00 115.00 Page: 7 Check Total 441.93 25.20 1,098.96 17,754.53 287.00 11,670.70 33.87 1,075.00 632.00 16,400.00 43.91 80.00 115.00 Page:? apChkLst 06/30/2004 5:02:OOPM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92904 06/30/2004 006465 TEMECULA AUTO REPAIR Fire Prev Vehicle Maintenance 172.63 Fire Prev. Vehicle Maintenance 15.00 187.63 92905 06/30/2004 000310 TEMECULA CREEK INN INC Golf balls w/Logo for promo baskets 797.00 797.00 92906 06/30/2004 001035 TEMECULA ENVIRONMENTAL Jan-Jun'04 Trash Hauling Svcs 1,690,789.62 FY 03104 Rate Variance 2,226.42 1,693,016.04 92907 06/30/2004 005633 TEMECULA MIDDLE SCHOOL Refund:Sec. Deposit:CRC 06/01 100.00 Refund:Sec. Deposit:CRC 06/03 100.00 200.00 92908 06/30/2004 003677 TEMECULA MOTORSPORTS LL 2 ATV's:Temecula Police 16,101.93 16,101.93 92909 06/30/2004 006896 TEMECULA MUSIC ACADEMY I TCSD Instructor Earnings 72.00 72.00 92910 06/30/2004 000307 TEMECULA TROPHY COMPAN Recogn Plaque: E. Harker 175.42 Recogn Plaque: M. Cushing 104.41 Voorburg Plate: Fire Prev 78.61 as "2nd" qtr rcogn plaque 64.65 423.09 92911 06/30/2004 007340 TEMECULA VALLEY FIRE EOUI Fire Extinguishers: Tem. Citizen Corps 557.49 Credit: Oty less than billed: Citizen's -73.69 483.80 92912 O6/30/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs: Aquatics 16.16 16.16 92913 06/30/2004 007824 THESSALONIKA FAMILY SERV Refund:Permit:Lakefront Rd 100.00 100.00 92914 06/30/2004 000668 TIMMY D PRODUCTIONS INC DJ Svcs:4th of July 0 Sports Prk 13,500.00 13,500.00 92915 06/30/2004 006192 TRISTAFF GROUP Temp Help We 06120 Bradley 416.00 416.00 92916 06/30/2004 002065 UNISOURCE Paper Supplies for City Hall 974.06 974.06 92917 06/30/2004 005574 VAIL ELEMENTARY PTA Refund:Sec. Deposit:CRC 6/17 100.00 100.00 92918 06/30/2004 004261 VERIZON Release Claims Agreement Pmt 841.76 841.76 92919 06/30/2004 004261 VERIZON Jun xxx-2016 general usage 104.36 Jun xxx-3526 fire alarm 83.72 Jun xxx-3564 alarm 55.81 Jun xxx-2676 general usage 27.91 271.80 PageE apChkLst Final Check List Page: 9 06/30/2004 5:02:OOPM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Checks Date Vendor Description Amount Paid Check Total 92920 06/30/2004 004789 VERIZON INTERNET SOLUTION Jun Internet svos: xx0544 72.29 Jun Internet svcs: xx7411 72.29 Jun Internet svcs: xx9549 62.27 Credit: Internet Svcs: xx4200 -19.98 186.87 92921 06/30/2004 001890 VORTEX DOORS Garage Door Maint: Fire Stn 84 149.95 149.95 92922 06/30/2004 003730 WEST COAST ARBORISTS INC May Citywide Tree Trimming Svcs 1,490.00 1,490.00 92923 06/30/2004 000339 WEST PUBLISHING CORP May City Hall Judicial Updates 86.20 86.20 Grand total for UNION BANK OF CALIFORNIA. 3,052,582.60 Page9 apChkLst Final Check List Page: 3 07/01/2004 7:54:28AM CITY OF TEMECULA 22 checks in this report. Detail 07/01 /2004 001 195,640.61 165 4,036.91 190 44,674.32 192 68.25 193 3,219.19 194 604.82 280 1,732.84 300 642.06 320 13,867.45 330 1,514.95 340 4,273.51 270,274.91 Grand Total All Checks: 270,274.91 Page3 apChkLst Final Check List Page: 1 07/01/2004 7:54:28AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 343 07/01/2004 000245 PERS (HEALTH INSUR. PREMIU PERS Health Admin Cost Payment 59,473.07 59,473.07 344 07/01/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 4,627.26 4,627.26 345 07/01/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 60,214.33 60,214.33 346 07/01/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 20,078.31 20,078.31 347 07/01/2004 000293 INSTATAX (IRS) Federal Income Taxes Payment 68,506.50 68,506.50 348 07/01/2004 000444 INSTATAX (EDD) State Disability Ins Payment 17,597.35 17,597.35 92924 07/01/2004 003552 A F L A C AFLAC Cancer Payment 1,807.20 1,807.20 92925 07/01/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 92926 07/01/2004 002107 HIGHMARK INC Voluntary Supp Life Insurance 643.60 643.60 92927 07/01/2004 005748 HODSON, CHERYL A. Support Payment 45.40 45.40 92928 07/01/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 7,235.26 7,235.26 92929 07/01/2004 003076 MET LIFE INSURANCE MetLife Payment 8,127.02 8,127.02 92930 07/01/2004 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 288.55 288.55 92931 07/01/2004 005820 PRE -PAID LEGAL SERVICES I Prepaid Legal Services Payment 350.75 350.75 92932 07/01/2004 007582 SAFEGUARD DENTAL & VISION Safeguard Vision Plan Payment 1.015.08 1,015.08 92933 07/01/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 92934 07/01/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 92935 07/01/2004 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,458.75 2,458.75 Pagel apChkLst 07/01/2004 7:54:28AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92936 07/01/2004 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3,709.00 3,709.00 92937 07/01/2004 005873 TRI AD ACTUARIES INC Child Care Reimbursement Payment 6,798.11 6,798.11 92938 07/O1/2004 000325 UNITED WAY United Way Charities Payment 375.00 375.00 92939 07/01/2004 004819 UNUM LIFE INS. CO. OF AMERI Long Term Disability Payment 6,715.63 6,715.63 Grand total for UNION BANK OF CALIFORNIA: 270,274.91 Page2 ITEM 4 APPROVAL CITY ATTORNEY, DIRECTOR OF F CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 13, 2004 SUBJECT: City Treasurer's Report as of May 28, 2004 PREPARED BY: Karin Grance, Revenue Manager Shannon Domenigoni, Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of May 28, 2004. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of May 28, 2004. FISCAL IMPACT: None Attachments: City Treasurer's Report as of May 28, 2004 City of Temecula City Treasurer's Report As of May 28, 2004 Cash Activity for the Month of May: Cash and Investments as of May 1, 2004 $ 124,155,892 Cash Receipts 12,976,351 Cash Disbursements (5,987,588) Cash and Investments as of May 28, 2004 $ 131,144,654 Cash and Investments Portfolio: Maturity/ Purchase Termination Market Par/Book Type of Investment Institution Yield Date Date Value Balance Petty Cash City Hall run $ 1,500 General Checking Union Bank n/a 9,469,554 (1) Flew Benefit Demand Deposits Union Bank n/a 3,295 (1) Local Agency Investment Fund State Treasurer-LAIF 1,426% 49,775,423 (2) Federal Agency -Callable Federal Home Loan Mortgage Co 2.000% 06/062003 06/302006 984,190 1,000,000 Federal Agency -Callable Federal Home Loan Bank 1.895 % 06262003 01232006 988,750 1,000,000 Federal Agency- Callable Federal Home Loan Bank 2.250 % 06262003 07242006 984,690 1,000,000 Federal Agency -Callable Federal Home Loan Bank 2.500 % 07/162003 08/142006 1,978,120 2,000,000 Federal Agency- Callable Federal Home Loan Mortgage Co 3.000 % 12/302003 03292007 978.350 996,000 Federal Agency- Callable Federal Home Loan Bank 3.000 % 03292004 12282007 3,902,520 4,000,000 Federal Agency- Callable Federal Home Loan Bank - BDS 3.000 % 04/072004 01/072009 2,847,319 2,965,000 Federal Agency -Callable Federal Home Loan Bank -BDS 3.000% 04222004 01222008 1,948,120 2,000,000 Federal Agency -Callable Federal Home Loan Bank -BDS 3.070% 04/152004 01/152008 1,954,380 2,000,000 Federal Agency -Callable Federal Home Loan Bank -BDS 3.100% 04/08/2004 01/082008 2,984,242 3,050,000 Federal Agency -Callable Federal Home Loan Bank -BDS 3.125% 04/162004 01/162008 978,750 1,000,000 Federal Agency -Callable Federal Home Loan Bank -BDS 3.150% 04/142004 01/142008 979,690 1,000,000 Federal Agency- Callable Federal Home Loan Bank - BDS 3.520 % 04/302004 01/302008 1,981,980 2,000,000 Federal Agency- Callable Federal Home Loan Bank - BDS 3.810 % 05/132004 02/132008 999,060 1,000,000 Checking Account - Parking Citations Union Bank n/a 3,248 Certificate of Deposit -Retention Escrow Community National Bank n/a 271,436 Bond Fund - CFD 88-12 U.S. Bank (First Am Treasury) n/a 0 (Money Market Account) Delinquency Maintenance Account- CFD 88-12 CDC Funding Corp 5.430 % 09/012017 500,000 (Investment Agreement) Delinquency Maintenance Account - CFD 88-12 U.S. Bank (Fast Am Treasury) 0.460 % 595,566 (Money Market Account) Reserve Fund -CFD 88-12 CDC Funding Corp 5.430% 09/012017 1,531,469 (Investment Agreement) Reserve Account - CFD 88-12 U.S. Bank (First Am Treasury) 0.480 % 16 (Money Market Account) Special Tax Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.460 % 774,768 (Money Market Account) Admin Expense Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.460 % 771,881 (Money Market Account) Variable Bond Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.460 % 2,752 (Money Marko Account) Interest Differential Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.460 % 131,231 (Money Marko Account) Improvement Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.460 % 3,537,413 (Money Marko Account) City lmprovement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.460 % 169,528 (Money Market Account) City Improvement Fund - CFD 03-1 State Treasurer-LAIF 1.426 % 1,225,485 (Local Agency Investment Fund) Cal Trans Improvement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.460 % 793 (Money Market Account) Cal Trans Improvement Fund - CFD 03-1 State Treasurer-LAIF 1.426 % 1,002,322 (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.460 % 589 (Money Marko Account) Acquisition Account Fund - CFD 03-1 State Treasurer-LAIF 1.426 % 1,282,739 (L,ocal Agency Investment Pond) Special Tax Pond - CFD 03-1 U.S. Bank (First Am Treasury) 0.460 % 12,146 (Money Market Account) Capital Interest Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.460 % 44,686 (Money Marko Account) Page t City of Temecula City Treasurer's Report As of May 28, 2004 Reserve Fund - CFD 03-1 Aig Match Fed Corp Ref 4.830 % (Investment Agreement) Reserve Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Reserve Fund - CID 03-1 State Treasurer-LAIF 1.426 % (Local Agency Investment Fund) City Improvement Fund - CFD 03-3 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) City Improvement Fund - CFD 03-3 State Treasurer-LAIF 1.426 % (Local Agency Investment Fund) EMWD Improvement Fund - CFD 03-3 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) EMWD Improvement Fund - CFD 03-3 State Treasurer-LAIF 1.426 % (Local Agency Investment Fund) Acquisition Account Fund - CFD 03-3 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Acquisition Account Fund -CFD 03-3 State Treasurer-LAIF 1,426% (Local Agency Investment Fund) Capital Interest Fund - CFD 03-3 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Capital Interest Fund - CFD 03-3 State Treasurer-LAIF 1.426 % (Local Agency Investment Pond) Reserve Fund - CFD 03-3 U.S. Bank (Fun Am Treasury) 0.460 % (Money Market Account) Reserve Fund -CFD 03-3 State Treasurer-LAIF 1.426 % (Local Agency Investment Fund) Cost of Issuance Pond - CFD 03-3 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Redemption Fund - AD 03-04 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Admin Expense Fund - AD 034 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Reserve Fund - AD 03-04 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Improvement Fond - AD 03-04 U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Reserve Account - RDATABs U.S. Bank (Fust Am Treasury) n/a (Surety Bond) Project Account - RDA TABS U.S. Bank (First Am Treasury) 0.460 % (Money Market Account) Project Account-RDATABs State Treasurer-LAIF 1.426 % (Local Agency Investment Fund) Installment Payment Fund - TCSD COPs U.S. Bank (First Am Treasury) 0.460 % (Money Muket Account) Project Fund - TCSD COPS U.S. Bank (Fuss Am Treasury) 0.460 % (Money Market Account) Project Fund-TCSD COPS State Treasurer-LAIF 1,426 % (Local Agency Investment Fund) (I) -Thus amount is net of outstanding checks. (2)-At May 28, 2004 total market value (including accrued interest) for the Local Agency Investment Pond (LAIF) was $65,102,670,732. The City's proporlianale share of that value is $49,812,985. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City for the nut six months. 863,900 9,427 281 4,840 7,790,780 1,779 3,630,170 6,744 9,917,195 1,152 834,269 2,173,308 700 89,958 57,826 33,762 99,774 790,706 1 3I,230 5,882,219 101 9,510 2,796,183 $ 131,144,654 Page 2 CITY OF TEMECULA Cash and Investments Report Through May 2004 Fund Total 001 GENERAL FUND 26,354,943.17 100 STATE GAS TAX FUND 114,131.16 101 STATE TRANSPORTATION FUND 73,377.55 120 DEVELOPMENT IMPACT FUND 16,067,396.83 140 COMMUNITY DEV BLOCK GRANT 0.00 150 AB 2766 FUND 116,725.98 160 AB 3229 COPS 0.00 165 RDA LOW/MOD - 20% SET ASIDE 8,242,027.75 170 MEASURE A FUND 4,536,136.49 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,117,022.32 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 199,653.25 193 TCSD SERVICE LEVEL "C" LANDSCAPEISLOPE 502,430.24 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 1,608,049.17 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 29,168.83 210 CAPITAL IMPROVEMENT PROJECTS FUND 19,307,979.56 271 CFD 01-2 HARVESTON IMPROVEMENT FUND 3,534,688.12 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 3,681,455.90 274 AD 03-4 JOHN WARNER ROAD IMPROVEMENT FUND 221,191.73 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 21,351,508.59 280 REDEVELOPMENT AGENCY - CIP PROJECT 8,240,678.22 300 INSURANCE FUND 1,330,046.62 310 VEHICLES FUND 622.59 320 INFORMATION SYSTEMS 656,993.02 330 SUPPORT SERVICES 194,782.84 340 FACILITIES 108,129.60 380 RDA 2002 TABS DEBT SERVICE FUND 2,885,327.76 390 TCSD 2001 COP's DEBT SERVICE FUND 2,265.83 460 CFD 88-12 DEBT SERVICE FUND 3,691,789.94 470 CFD 01-2 HARVESTON DEBT SERVICE FUND 2,154,556.89 471 CFD 98.1 WINCHESTER HILLS DEBT SERVICE 11,512.37 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,512,198.29 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 187,996.71 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 3,109,867.18 Grand Total: 131,144,654.50 ITEM 5 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: Approval of the Plans and Specifications for the Roripaugh Ranch Fire Station, Project No. PW 03-01, and Authorization to Solicit Construction Bids PREPARED BY: Greg Butler, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Roripaugh Ranch Fire Station, Project No. PW03-01. BACKGROUND: The Roripaugh Ranch Fire Station projectwill provide for construction of a three bay heavy urban station on a 1.5 acre site located at the southwest corner of future intersection of Butterfield Stage Road and South Loop Road (extension of Calle Chapos). More specifically, the project will include construction of the following: wet and dry utilities, precise grading, site drainage systems, erosion control, foundation systems, a new single story fire station totaling approximately 9,062 square feet, a storage structure totaling approximately456 square feet, trash enclosure, two above ground fuel tanks (1,000 gallons each), site walkways and hardscape improvements, site landscaping, site concrete masonry unit walls and a parking lot for 22. In addition, the project will provide for procurement and installation of certain furnishings and fixtures necessary to support the fire station. The Construction Plans and Specifications have been completed and the project is ready to be advertised for bids. All Contract Documents are available for review in the Department of Public Works. The Architect's Construction Estimate for the project is $2,600,000. FISCAL IMPACT: The Roripaugh Ranch Fire Station is a Capital Improvement Project funded by the Roripaugh Ranch Community Facilities District (CFD), the County of Riverside through an existing cooperative agreement with the City and City Development Impact Fees for Fire Facilities. Currently, the CFD for the development is not funded and staff does not anticipate that it will be funded by the project award date. The developer of Roripaugh Ranch (Ashby USA, LLC) has entered into a deposit agreement with City whereby they may deposit funds for the professional services to design and bid the project. The developer has deposited sufficient funds to design and bid the project. Prior to considering award of the project the developer has agreed to enter into a deposit agreement with the City and deposit their total development agreement funding obligation for the project in advance of the CFD. There are committed revenues of $2,400,000 and estimated expenses of $3,389,650 in the FY04-05 budget which includes construction, design, inspection, material testing, special inspection and 20040713 M03-01 bid administration. We anticipate establishing the remaining revenues through increased contributions from the Developer/CFD, the County of Riverside and/or City funds. Further, it may be necessary for the City to advance these remaining funds at the time of award. The actual amount of the funding advance is highly dependent on the bid results and will be presented prior to or concurrently with consideration of award for construction for the station. ATTACHMENTS: 1. Location Map 2. Project Description 20040713 M03-01 bid z� 4 1 1 --� M :, I w 0 2 tr. u N U N •'•y Y o •° y ° a Y a aA Avg W F 0 0 0 0 0 0 y 0 0 cO O c4 F N O N� vl N Y CDM N o0 G U V W N ~ M bs ss vi v> v� vs. 7 as w >' 0 00 0 0 N O 0 O N r 0 0 N 0 0 0 0 0 0 O O Vl 00 O M O O � O m O N M " N- C N N\0 N M r ss vj sv E» `n ss kn v N Cq Q 'C a � m a W °. K U 15 k U F+ w 7 CO'�O O N O N N M m r- 69 b9 6r9 69 3 ii N N. ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI CITY MANAGER / CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 01 William G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: Second Amendment - Professional Services Agreement for Design Services Fire Station Wolf Creek Site, Project No. PW01-11 PREPARED BY: Greg Butler, Principal Engineer - CIP RECOMMENDATION: That the City Council approve the Second Amendment to the Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $102,088.00 to provide re -design services for the Fire Station Wolf Creek Site, Project No. PW01- 11, within the planned Wolf Creek Development and authorize the Mayor to execute the amendment. Standard Pacific will fund the cost of the re -design and any increase to construction costs attributable to the new design. BACKGROUND: On August 14, 2001 City Council approved a professional services agreement with STK Architecture, Inc. for the design of a new Heavy Urban Fire Station within the Wolf Creek Development. The development was conditioned to provide the land for the planned Fire Station, with the City being responsible for the completion of the design and construction. STK completed the design of the proposed Fire Station pursuant to the original contract. Subsequent to completing the design, the ownership of the Wolf Creek Development changed. The new owner/developer (Standard Pacific Homes) will be utilizing a different architectural theme throughout the development and therefore requested that the Fire Station design be modified to better match the new community. Standard Pacific is willing to fund the cost of the re -design and any increase to construction costs attributable to the new design. Because the Wolf Creek Fire Station is a facility that is eligible for Wolf Creek CFD funding Standard Pacific has requested that these added costs be reimbursed with CFD bond proceeds. The City prepared and entered into a deposit agreement with Standard Pacific that would allow for reimbursement if any CFD funds remain after all City priority projects have been fully funded. FISCAL IMPACT: The Wolf Creek Fire Station is a Capital Improvement Project funded through Development Impact Fees — Fire, Public Facilities & Public Service, Capital Project Reserves and Wolf Creek CFD bond proceeds. The cost of the re -design work included in the subject amendment will be funded with monies deposited by the developer and will be at no cost to the City. ATTACHMENTS: 1. Project Location 2. Project Description 3. Second Amendment to Professional Services Agreement RAAGENDA REPORTS\2004\071304\PW01-11STKAmed02.DOC N rA W W W a 0 3 z 0 a F y z� w I I I N 4 A 7 a TF UI O O N 0 o O N N V3 c C 0 0 0 0: �6 fn to 00 ti 00 N N N �6e6s eo y � a o u o u 'LBA+ ctl o 0 � V+ L y U U ••J ♦m3 4Ci w0i M W EF Q U U A fz. E. C Ln .n O 5 A 69 FA V% 69 (A' 69 0 'i u •� a i+ � 'u U N N y N N �a �a � �a 04 0 0 U o o W > > a o > > AAU�:AAE� �i N SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND STK ARCHITECTURE, INC. WOLF CREEKFIRE STATION PROJECT NO. PW01-11 THIS SECOND AMENDMENT i s m ade a nd a ntered i nto a s of J my 13, 2004,by a nd between the City of Temecula, a municipal corporation ("City") and STK Architecture, Inc. ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On August 14, 2001 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Architectural Services ("Agreement') in the amount of $159,500.00. B. The Agreement was amended on March 20, 2003 for an extension of time through June 30, 2004. C. The parties now desire to increase the payment to provide architectural re -design services in the amount of $102,088.00 and amend the Agreement as set forth in this Amendment. 2. Agreement is hereby amended to read as follows: Section 1 TERM. This Agreement shall commence on August 14, 2001, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2005, unless sooner terminated pursuant to the provisions of this Agreement. b. Section 4 Payment of the Agreement is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The second amendment amount shall not exceed One Hundred Two Thousand Eighty Eight Dollars and No Cents ($102,088.00) for additional architectural re -design services for a total contract amount, of Two Hundred Sixty One Thousand Five Hundred Eighty Eight Dollars and No Cents ($261,588.00). 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. r:\CIP\Projects\PW01-11\Agreements\STK Amend No 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. w1 hX91 At i =1 IT, I _Xd1LU1 Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT STK Architecture, Inc. 2575 S. San Jacinto Ave, San Jacinto, CA 92583 (909) 925-2504 G.V. Salts, Vice President Camille Acton, Secretary (Two Signatures Required For Corporations) ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. 12 March 2004 David McBride, Project Manager CITY OF TEMECULA Public Works Department 43174 Business Park Drive Temecula, California 92590 RE: PROPOSAL FOR ARCHITECTURAL SERVICES FOR WOLF CREEK FIRE STATION REDESIGN TEMECULA, CALIFORNIA Dear David, As we discussed recently, Standard Pacific Homes wants to obtain a Proposal from STK Architecture, Inc to revise the existing Wolf Creek Fire Station drawings and make them similar to the attached exhibits. The scope of work will require the following: A. Colored elevation boards and exterior material sample boards for the City of Temecula Planning Department's review/approval. Included are two meetings with the City Planning Department and the time STK has spent to date. STK's Invoice (copy attached) $ 2,460 Revised Boards 1,500 Two Meetings 1.000 SubTotal = $ 4,960 B. The original Architect/Engineer Proposal, prepared in June 2001, was based on the following: Original Agreement No. PWO1-11 —June 2001 Amendment No. 2 11 March 2004 A/E Fee = 7.1 % or $142,000 A/E Fee = 7.1 % or $184,600 Schematic Design 15% $ 21,300 21,300 71,000' 7,100 21,300 $ 27,690 x 60% _ $ 16,614 16,614 55,380 2,130 6,390 Design Dev Phase 15% $ 27,690 x 60% = Const Document Phase 50% $ 92,300 x 60% = Bid Phase 5% $ 9,230-7,100 = Const Admin Phase 15% $ 27,690 - 21,300 = Original Agreement TOTAL $142,000 Amendment 2 TOTAL $ $97,128 ARCHITECTURE INTERIOR DESIGN PLANNING CONSTRUCTION MANAGEMENT 5 South Sall Jacinto Ave., San .Jacinto. CaIItOYnia 925113-931R Phnna 9n9/995-05n,t Far 9n9/Q9n-n944 F-Mai] dV kleinr. DAVID MCBRIDE, CITY OF TEMECULA WOLF CREEK REDESIGN PROPOSAL 12 MARCH 2O04 PAGE 2 OF 2 The revised estimated Construction Cost was increased from 2 million to 2.6 million for the following reasons: 1. Three years of time have elapsed and construction costs have continued to increase. 2. The exterior stone veneer is a more expensive finish in lieu of the cement plaster finish. 3. The standing seam metal roof is more expensive than the clay tile roof proposed. C. The scope of work includes: ► New Precise Grading Plan & Water Plan ► Structural Engineering (Dresden Framing System) No. Landscape Architect ► Mechanical & Electrical Engineering ► Architectural Drawings D. The original Agreement for the offsite utility coordination "Contract B' was for $15,000. To date $8,900 has been expensed, leaving $6,100. STK proposes no change to this part of the Agreement. E. The original agreement for reimbursables "Contract C" was for $2,500. To date $1,347.97 has been expensed, which leaves $1,152.03. STK proposes no change to this part of the Agreement F. We estimate it will take approximately 60 days to revise the drawings from the time of an approved amendment to our Agreement. G. Total Amendment No. 2 $ 4,960 97,128 $102,088 If you have any questions or wish to discuss this further, please call at your convenience. Sincerely, STKARCHITECTURE, INC G.V. Salts, Principal Cc(s): Adam Smith, Standard Pacific Homes Enc's: 2 Elevations STK ARCHITECTURE, INC HOURLY AND REIMBURSABLE RATES March 2004 Partner ................................................ $ 155/Hr Associate ............................................ 110/Hr Project Manager ................................. 95/Hr Senior Draftsman ............................... 70/Hr Junior Draftsman ................................ 60/Hr Clerical ............................................... 40/Hr Consultants ................................... Cost x 1.15 Reimbursables ............................. Cost x 1.00 Reimb. Agency Fees ..................... Cost x 1.05 ARCHITECTURE INTERIOR DESIGN PLANNING ITEM 7 APPROVA CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: James O'Grady, Assistant City Manager DATE: July 13, 2004 SUBJECT: Approve Sponsorship Request for the 2004 Temecula Valley International Jazz Festival PREPARED BY: Gloria Wolnick, Marketing Coordinator RECOMMENDATION: That the City Council: 1) Approve the funding request in the amount of $10,000 cash, city -support costs in the amount up to $2,000, and no charge for the use of the Community Recreation Center Amphitheater for the Temecula Valley International Jazz Festival. 2) Approve the sponsorship agreement with the Temecula Valley International Jazz Festival and authorize the Mayor to execute the agreement. BACKGROUND: Staff has received a request from the Musicians Workshop to sponsor the 2004 Temecula Valley International Jazz Festival in the amount of $10,000 cash plus up to $2,000 for police services, and no charge for the use of the Community Recreation Center Amphitheater. This inaugural event will provide a combination of free and ticketed venues featuring International Jazz performances. The Temecula International Jazz Festival is modeled after the Vancouver International Jazz Festival. The Festival will be held July 17 —18, 2004 at multiple locations in Temecula, both public and private, including the Temecula Community Recreation Center, Temeku Hills Golf Club and The Promenade in Temecula. Estimated attendance for the weekend event is expected to reach approximately 5,000 people. The Festival will generate profits through the sale of merchandise, ticket sales for ticketed events and wine tasting, and private donations. The City of Temecula sponsorship will be used exclusively to produce the 'free to the public events" and pay for the entertainment at those venues. The profits will be divided as such: ➢ 25% to Musicians Workshop ➢ 25% to The Arts Council of Temecula Valley ➢ 50% to The Temecula Valley Cultural Arts & Music Education Center Building Fund The Economic Development Subcommittee, consisting of Councilmembers Jeff Comerchero and Ron Roberts, and Staff met to discuss the Economic Development funding requests on March 30th. The subcommittee's recommendations for the Temecula Valley International Jazz Festival were incorporated in the City's FY 2004-05 Operating Budget, which was approved by the City Council on Tuesday, June 8, 2004. The City of Temecula hosts a wide array of special events year-round all adding to its rich quality of life. Residents and visitors look forward to attending these popular events each year and the events help make Temecula the unique community that it is. The events increase tourism revenue for the City's restaurants, hotels, shopping centers and wineries. Due to the fad that the International Jazz Festival promotes tourism in Temecula, the funding would come from the Economic Development Department budget within the City's General Fund. In addition, City support services would come from the General Fund's budget. There will be no commissions paid to any party for the City of Temecula's sponsorships Temecula Valley International Jazz Festival Schedule of Events The Temecula Valley International Jazz Festival will offer free concerts on Saturday, July 17". ➢ Concerts highlighting "World Jazz" will include such performers as Bomani African Drummers, Ken Garcia Band, COMMON SENSE, and Grammy Award - winning Brazilian percussionist Julio Figeuroa and Kyros. Concerts will be held from 4:00 p.m. —10:00 p.m. at the Community Recreation Center amphitheater. ➢ Concerts held at The Promenade in Temecula from 1:00 p.m. — 9:00 p.m. will highlight "American Jazz". Performers will include Mt. San Jacinto Big Band, Savio, Musicians Workshop Jazz Band and Elliot Caine Sextet. Special performances include Cybill Shepherd and Tom Adams who will perform songs from a soon to be released CD, Richie Cole & the Alto Madness Orchestra, and Marshall Hawkins with special guests. ➢ Transportation will be provided on the half hour from the Community Recreation Center to The Promenade in Temecula. ➢ Clinic with Conn -Selmer Clinician and Legendary Jazz Musician Richie Cole will also be offered on Saturday from noon to 2:30 p.m. at the Musician's Workshop building. A ticketed event on Saturday evening will include a Dinner/Dance with Les Brown's Band of Renown at the Temeku Hills Golf Club. On Sunday from 3:00 p.m. — 7:00 p.m. there will be a Wine Tasting & Jazz venue at The Promenade in Temecula. Free musical entertainment will be provided by Bandidos De Amor. Event Organizers The Temecula Valley International Jazz Festival will be organized and presented by The Musicians Workshop, a California Non -Profit 501(c)(3) public benefit corporation, in collaboration with The Arts Council of Temecula Valley. Marketina/Promotion Promotion for this event began in January 2004 in the Temecula Valley Chamber of Commerce newsletter, and press releases running in The Californian, The Valley News, and Neighbors magazine Down Beat Magazine, Jazz Times, and LA Jazz Scene. Promotion also includes advertising in The Valley Business Journal, The Valley News, Valley Living Magazine, Country Review, Neighbors, RV Journal, Pilipano Enquirer, and through the radio sponsors KATY 101.3FM and KMET 1490 AM. In addition, major media will be contacted with future press releases. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorship. FISCAL IMPACT: Adequate funds for the Temecula Valley International Jazz Festival have been included in the FY 2004-05 Operating Budget (Economic Development line item, account #001-111-999-5266) for the recommended sponsorship amount of $10,000 cash. City support costs up to $2,000 for police services have been included in the FY2004-05 Operating Budget. ATTACHMENT (S): I. Temecula Valley International Jazz Festival Attachment A - Sponsorship Benefits Attachment B— Event Background & Media Promotions Attachment C —Budget & Financials Attachment D — Sponsorship Agreement TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT A - SPONSORSHIP BENEFITS From: Jon Laskin To. Glona Date: 6/3/04 Time: 11.33:48 AM Page 2 of 7 Musicians Workshop A Non -Profit Music Education Center TemecuCa 'VaCCey s InternationaCJazz FestivaC CREATE A WINNING PARTNERSHIP! The first annual Temecula Valley International Jazz Festival will take place this year on July 17, 2004. Four swing Big Bands will provide free music "Live at the Plaza" from ]p.m. to 10 p.m. Your Title sponsorship would allow us to achieve our goal this year of showcasing a vari- ety of International Jazz entertainment. The festival would include a combination of free to the public, and ticketed concert events of Internationally acclaimed performers at different venues at several locations throughout the Temecula Valley. Locations and entertainment schedule other than the Promenade in Temecula, will be avail- able by April. 2004 TITLE SPONSOR Value $10,000 Your sponsorship package will be tailored to your specific needs, including but not limited to your name and logo will be prominently displayed on: ➢ All related fliers, poster and Advertisements: as Title sponsor ➢ All event Programs and performance schedules ➢ website (we will gladly link your site to your logo) ➢ 7' x 10', performance banner for each outdoor location ➢ Commemorative T-Shirts, worn by volunteers, or sold to the public ➢ Vehicles of your choice at any and all approved event locations ➢ 2 tables (often) for Les Brown's Band of Renown Dinner/Dance ➢ As title sponsor, your name will be referenced in all Press Releases, News Stories, Articles and Listing related to this event, year round. Thank you for your consideration, Jon Laskin - Founder / Executive Director The Musicians Workshop is a 501(3)(c) Non -Profit public benefit corporation Phone: (909) 678-2517 Fas (928) 222-3009 Tax ID# 33-0958223 email@musaansworkshop.o:g www.musiciansworkshop.Org 28690 LIERCEDES STREET TEIAFCULA CA 92590 TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT B - EVENT BACKGROUND & MEDIA PROMOTIONS x❑ 6 a o e o 0 yia 00 p a� vi V wyCYL > do .Pmq ° co au V t at 'w wad of A w ? .3 SIC G7 cc o h u 96 r — Y . :o Z° p yap > a U L 7 m ca 00 'O U 0 V � H �=° >L w N WD > Fi a a N V .a d O Y O y L O w N L .40 OS .003'0 0 'ii •.6/ y G � w � cd VFW y a cod o d i �p u w cc wrye' �`o x a 'b E m o Y 0 d idAdd 0 0: y R a bp0 a m S e a o �, w � d L y C 7 9 C d wf OIL 6 �., � yO d 4' cc � ti W O R wC > > yl MGM FBI VI 1-4 aj d u _ ` m c`d u d ci a%oa w GU w w> w° q04 F v°»° $ a A x d G O m p 00 U F 'O O Fry � Yr pa U a L m 3 y py ti C G � L a O � w a a� A� W oj V O y o oj m :+ m Q H 0 U a � � y Q L FBI = Q Vl W a p vj U a~Qi w v o dr f� W W F- v1 U k as o CD 0 N N b 0 0 N tO I `I Vi d $ Ua y � N c 3� d i e y o I�pI p Y Nti u 0°0cc d C 'y 6) 0 y o a F d b0 0 7 0 Mtm •''� L m m • � 0� %� it u n �9 go tocc ie°n 07p eU.o E� o �:3 w °pep Qv3 9 ups_ CL C ry 0 y 6a ado co 03 Y 3 04 cc (Do cc _ ti°� a9i d cd L L y N � a i'n y N d d L 3 �U 9 Uuai p i Yad m a�i q U�0 a �QF cam ��U E•-E C 0 0 N N F Y K 2 Cw u Vi o a � G u I'� � y Y = y � CC •y�.� y O a +'' U 0 kA N ♦+ aC > y ° a) .d O w q � a) ° as aQ �� c'L' of L h �7 O a) a H a) G Qw O O w a 0.0 arn Ob aU.> " go za 7i O L q'L rb°+ oes A 6 c�= a°Ab>° mv b °a aO a°e °qa dlc a1�O L aC ay fc. 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V Q rR 5 ° • E L = a ° ,R L. attachment A 0 1. Provide information on your proposed event, goals, promotional program, budget, expected attendance, funding recipients, and location of event. If event venues are held at multiple locations, please list. The goal of the Temecula Valley International Jazz Festival is to provide a combination of "Free" and "Ticketed" venues, at multiple locations, both public and private, featuring International Jazz performances. This event will be accessible and attractive to literally thousands of Temecula Valley residence who are looking for "fun" and entertainment for the whole family, young and old alike. 2004 will offer: "World Jazz'- free admission at the C.R.0 amphitheater - 4 different bands playing 90 min. sets. from 2p.m. to I0p.m, "American Jazz" at the Plaza in the Promenade - 4 different bands playing 90 min. sets from 1p.m. to 9p.m. also free, with the Grapeline Shuttle running every half an hour between both venues - "free of charge", The Promenade will also "take the festival indoors" with performances, face painters, and entertainment throughout the mall. D Dinner / Dance that night at Temeku Hills with Les Brown's Band of Renown at $50. per person. D Music education and performance workshops will be offered throughout the day at the Musicians Workshop building in Old Town, sponsored and produced by M.S.J.0 and music director Steve Torok. We anticipate almost 1000 people to "come and go" over the 8 hour period at the C.R.C. 300 people at Temeku Hills for the Dinner/Dance, and literally thousands during the 8 hours at the Plaza in the Promenade in Temecula. ALL OF THE CITY OF TEMECULA GRANT MONEY WILL BE USED EXCLUSIVELY TOWARDS PRODUCING THE "FREE TO THE PUBLIC" EVENTS, AND TO PAY FOR THE ENTERTAINMENT ON THOSE STAGES. - Please see budget attachment. Promotion for this event began in January with the release of a fiill page flier in every issues of the Temecula Valley Chamber of Commerce magazine, Press releases and stories which have run in The Californian, The Valley News (Temecula/Murrieta), Neighbors, as well as quarter page advertisements in The Valley Business Journal, The Valley News, Valley Living Magazine, Country Review, Neighbors, ALL OF WHOM ARE SPONSORS OF THIS EVENT! and KATY 101.3 FM is our radio sponsor. Private sector funding for 2004 is already fully funded with over $1300. in sponsorships. Private sector "cash" sponsors at this time include: Paradise Cadillac / Chevrolet, Guidant Corp., Rancor; La Masters of Fine Jewelry, The Promenade. In -kind trade sponsors include: The Grapeline, Dine -In Delivery, Lighting F/X Unlimited, Starways Productions, The Valley Business Journal, The Valley News, Valley Living Magazine, Country Review, Neighbors, R V Journal and KATY 101.3 FM. The Temecula Valley International Jazz Festival will also attract people who have perhaps never been to Temecula from our surrounding areas including: Los Angeles County, Riverside County, San Bemadino, San Diego and Pahn Springs, and will positively add to making Temecula to be a destination point of interest. TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT C - BUDGET & FINANCIALS From: Jon Laskin To: Gloria Date: 6/7/04 Time', 248:20 PM Page 2 of 4 Budget for International Jazz Festival 2004 otal Income 1 $39,495.00 1 $42,120.00 From: Jon Laskin To: Gloria Date: 6/7/04 Time: 2.48:20 PM Page 3 of 4 Expenses: Events Costs License Fees Material Wall Logo Glasses 12x24) Tables and chairs Refreshments Food Refreshments Linens Staff and gratuities Publicity Graphics Photocopying/Printing- Ad Works Light/stage/Sound Sound Staging Lighting Backline Total Advertising R.V. Journal Dinners at Temeke Dinners/tax/gratuity $30 pp Band Dinners Entertainment Les Brown Band of Renown Julio Figueroa Brazilian Band Bandidos De Amore Elliott Caine Bomani Africian Drummers Marshall Hawkins Riche Cole John Mitthauer Matt Zebley Trumpet Trombone Common Sense Productions Expenses C.C. & Company Tom Adams Melanie Williams Transportation Estimated Actual $15.00 $15.00 $500.00 $500.00 $1,152.00 $1,152.00 $0.00 $0.00 $1,667.00 $1,667.00 $0.00 $0.00 $0.00 $0.00 $250.00 $250.00 $0.00 $0.00 $250.00 $0.00 $500.00 $0.00 $1,500.00 $300.00 $1,5W.00 $1,000.00 $3,500.00 $1,300.00 $0.00 $0.00 $0.00 $0.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $450.00 $450.00 $450.00 $450.00 $9,000.00 $9,000.00 $0.00 $285.00 $9,000.00 $9,285.00 $6,500.00 $6,500.00 $1,500.00 $1,500.00 $1,500.00 $2,000.00 $1,800.00 $1,500.00 $1,000.00 $1,000.00 $350.00 $350.00 $1,500.00 $1,5W.00 $250.00 $250.00 $300.00 $300.00 $250.00 $250.00 $250.00 $250.00 $2,000.00 $2,000.00 $400.00 $400.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $19,100.00 $19,300.00 Total Expenses $37,467.00 $35,502.00 From: Jon Laskin To: Gloria Date: 6/7/04 Time: 2:48:20 PM Page 4 of 4 Income: Admissions Sponsorships Estimated Actual Estimated Actual 200 200 Les Brown $50.00 $10,000.00 $10,000.00 0 $0.00 $0.00 other $0.00 $0.00 $10,000.00 $10,000.00 1 1 City @ $10,000.00 $10,000.00 $10,000.00 1 1 Paradise @ $7,500.00 $7,500.00 $7,500.00 1 2 Main Sponsor @ $2,500.00 $2,500 $5,000.00 3 3 Co -Sponsor @ $1,000.00 $3,000.00 $3,000.00 $23,000.00 $25,500.00 Other Income Sunday Wine Tasting 288 Merchandise 100 25 75 35 288 $15.00 $4,320.00 $4,320.00 $4,320.00 $4,320.00 Call Sales 100 T-shins $15.00 $1,500.00 $1,501 50 Mugs $5.00 $125.00 $250.00 75 Pins $5.00 $375.00 $375.00 35 Posters $5.00 $175.00 $175.00 $2,175.00 $2,300.00 Total Income $39,495.00 $42,120.00 10:07 AM Musician's Workshop 03/16/04 Balance Sheet Accrual Basis As of December 31, 2003 Dec 31, 03 ASSETS Current Assets Checking/Savings In -Home Concert Series Account (C... 48.09 International Jazz Festival Acc 800.00 Junior Voice Camp 733,67 Scholarship Fund Account (Savings... 2,630.15 TVB Checking 585.05 Total Checking/Savings 4,796.96 Accounts Receivable Accounts Receivable -63.00 Total Accounts Receivable -63.00 Total Current Assets 4,733.96 Fixed Assets Equipment (Equipment) 10,761.61 Total Fixed Assets 10,761.61 TOTAL ASSETS 16,495.67 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 3,603.37 Total Accounts Payable 3,603.37 Total Current Liabilities 3,603.37 Total Liabilities 3,603.37 Equity Opening Bal Equity 2,667.04 Retained Earnings (Retained Earnings) 11,180.87 Net Income -1,955.71 Total Equity 11,892.20 TOTAL LIABILITIES & EQUITY 16,496.57 Page 1 d N a o� g o$�o 0 0$ o 0000 ob g��00000�$S00000�o$ C 10 10 IN � N O O IA lhr 1� trp O V 10 10 IO 10 In IA IA ��OO lA N 10 10 10 10 In I(I IA IA IN 10 10 N 10 In NN NNNNN NNNNNNNN N NNNNNNNN 5Q� �iO O O � � C D a 0000 g o�ggg$� o o o o 0. 0.0... 0000$ 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C � C f� 7 nl E 2 E �00p0�O0�O0�O0 oo�O 000uoi voioo opp �o�OO o n o 0 ON----ON'NmMt�OM?V O O Z-0 CR cti r w 00a.0.00a.00.0000000 O O O O O O O O O O O O t�0 M C V 0 F 0.6 y E F N o C N CC d C N D— 0 N L° C 10 i.mm E'o �°'°iy m'.�'o w, Nm 10 L J C c U Y c 3 g 3 c c a U m> S N N d L Y r TY T N= E L U N 0 0 0 0.0.2.01.Q 0 0 0 0 o a o 0 HHF- F-F F-FI-H F- F- M m m m m m m m LL LL LL LL LL LL LL l y 1 L LL LL LL LL F LL LL mrmmvv��or�r�om�om� ICON NI�D IUD f�O fNO 1NO 1O (ND frO frD�rrr O000a� pmp p mp p mp ppm mp p mp 8 mp SSm mpO O 0 0 0 0 0 N N N N N N N N N O" O O N O t 0 (O (O (7 M N N N N N 0 0 0 0 0 0 0 0 (� N N N L F � YI 10 N 6 U q L T y 0 F a� O 0 O U U U U U U V 2 � F 'O 'O 'O 'O 'O 'O 'OO OO O 'O 'O 'O 'O 'O F F m J � a F F TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL ATTACHMENT D - SPONSORSHIP AGREEMENT SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE MUSICIANS WORKSHOP This Agreement, made this 13th day of July, 2004, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and MUSICIANS WORKSHOP, a California nonprofit corporation. A. MUSICIANS WORKSHOP will operate the first annual "Temecula Valley International Jazz Festival" on July 17 — 18, 2004. The Temecula Valley International Jazz Festival is a special event held at locations within the City of Temecula including the Temecula Community Recreation Center Amphitheater, Temeku Hills Golf Club and The Promenade in Temecula. The Festival will offer free concerts, music education and performance workshop, a dinner/dance and a wine tasting & jazz venue. B. The City of Temecula desires to be a "Title Sponsor" of the 2004 Temecula Valley International Jazz Festival. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for the payment of ten thousand dollars ($10,000.00), city support costs in the amount up to $2,000 for police services, and no charge for the use of the Temecula Community Recreation Center, the City of Temecula shall be designated as a "Title Sponsor" of the 2004 Temecula Valley International Jazz Festival. In exchange for being a Title Sponsor, the City of Temecula will receive the benefits as listed in Exhibit A. B. A. The city sponsorship of ten thousand dollars ($10,000) will be used to produce the "free to the public events" and pay for the entertainment at those venues at the Temecula Valley International Jazz Festival. C. The Temecula Valley International Jazz Festival proceeds will be distributed as follows: 25% to Musicians Workshop 25% to The Arts Council of Temecula Valley 501/o to The Temecula Valley Cultural Arts & Music Education Center Building Fund D. Within 60 days after conclusion of the Jazz Festival, MUSICIANS WORKSHOP shall prepare and submit to the Assistant City Manager a written report evaluating the Jazz Festival event, its attendance, media coverage, description of the materials in which the City was listed as a Title Sponsor. E. MUSICIANS WORKSHOP agrees that it will defend, indemnify and hold the City and its elected officials, officer, agents, and employees free and harmless from all claims for damage to persons or by reason of MUSICIANS WORKSHOP's acts or omissions or those of MUSICIANS WORKSHOP's employees, officers, agents, or invites in connection with the Temecula Valley International Jazz Festival to the maximum extent allowed by law. F. MUSICIANS WORKSHOP shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability and liquor liability in which the City is named insured or is named as an additional insured with MUSICIANS WORKSHOP and shall furnish a Certificate of Liability by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; 1. Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula Valley International Jazz Festival. 2. Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Valley International Jazz Festival. 3. Minimum Scope of Insurance. Coverage shall be at least as broad as: (A) Insurance Services Office Commercial General Liability coverage provided on ISO-CGL Form No. CG 00 01 11 85 or 88. 4. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (A) General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectilocation or the general aggregate limit shall be twice the required occurrence limit. 21 The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Temecula Valley International Jazz Festival. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self -insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self -insured retention as respects the City, its officers, officials and employees or MUSICIANS WORKSHOP shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. F. Should any litigation be commenced between the parties, hereto, concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement the prevailing party in such reasonable attorney's fees, in which it may be entitled. litigation shall be entitled to addition to any other relief to IN WITNESS WHEREOF, the City has caused its corporate name and seal to be hereunto subscribed and affixed by Chairperson and attest to by the City Clerk, both thereunto duly authorized, and the Temecula Valley International Jazz Festival, has hereunto subscribed this Contract day, month, and year hereinabove written. DATED: TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL BY: Jon Laskin Founder and Executive Director MUSICIANS WORKSHOP 28690 Mercedes Street Temecula, CA 92590 IQ I I MY$] OI I "35 W40i I". Michael S. Naggar, Mayor City of Temecula ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney TEMECULA VALLEY INTERNATIONAL JAZZ FESTIVAL EXHIBIT A - SPONSORSHIP BENEFITS From: Jon Laskin To: Gloria Date: 6/3/04 Time: 11:33'.48 AM Page 2 of 7 Musicians Workshop A Non -Profit Music Education Center 'remecuCa 'VaCCey's InternationaCJazz FestivaC CREATE A WINNING PARTNERSHIP! The first annual Temecula Valley International Jazz Festival will take place this year on July 17, 2004. Four swing Big Bands will provide free music "Live at the Plaza" from 1p.m. to 10 p.m. Your Title sponsorship would allow us to achieve our goal this year of showcasing a vari- ety of International Jazz entertainment. The festival would include a combination of free to the public, and ticketed concert events of Internationally acclaimed performers at different venues at several locations throughout the Temecula Valley. Locations and entertainment schedule other than the Promenade in Temecula, will be avail- able by April. 2004 TITLE SPONSOR Value $10,000 Your sponsorship package will be tailored to your specific needs, including but not limited to your name and logo will be prominently displayed on: All related fliers, poster and Advertisements: as Title sponsor D All event Programs and performance schedules D website (we will gladly link your site to your logo) 7' x 10', performance banner for each outdoor location D Commemorative T-Shirts, worn by volunteers, or sold to the public Vehicles of your choice at any and all approved event locations 2 tables (of ten) for Les Brown's Band of Renown Dinner/Dance ➢ As title sponsor, your name will be referenced in all Press Releases, News Stories, Articles and Listing related to this event, year round. Thank you for your consideration, Jon Laskin - Founder / Executive Director The Musicians Workshop is a 501(3)(c) Non -Profit public benefit corporation Phone: (909) 678-2517 Fax: (928) 222-3009 Tax ID# 33-0958223 ernail@musici=n orkshop.org www.musiciansworkshop.org 28690 MERCEDES STREET TEMECULA CA 92590 ITEM 8 APPROVAL CITY ATTORNEY. DIR. OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 13, 2004 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor) PREPARED BY: Polly von Richter, Senior Debt Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) DISCUSSION: The County of Riverside (the "County") established Community Facilities District No. 88-12 (the "District') in 1989 to finance the acquisition of a park site and improvements to Ynez Road, the Overland Drive overcrossing and other related public improvements. In 1992, the County issued special tax bonds for the District in the principal amount of $18,325,000 (the "Bonds") to finance a portion of the improvements. Effective December 1, 1997, responsibility for the District was transferred from the Countyto the City. On May 12, 1998 the City Council approved a resolution authorizing the issuance of special tax refunding bonds. On June 25, 1998 special tax refunding bonds in the amount of $18,690,000 were issued. This refunding will result in savings in debt service costs of approximately $2.3 million over twenty years. The refunding bonds are special, limited obligations payable solely from special taxes levied on property in the District and moneys held under the refunding bond documents. The refunding bonds are in no way general obligations of the City. Each fiscal year a special tax is required to be levied in an amount to meet the total amount of principal and interest payable on the bonds, the estimated amount to be incurred for administrative expenses, and the amount necessary to replenish any reserve funds. This amount will be calculated and divided by the total number of acres of taxable property in the District. The resulting amount per acre will be multiplied by the number of acres in each parcel to produce the amount of the special tax for such parcel for the fiscal year. The calculated special tax required to be levied for the 2004-05 fiscal year is $1,691,140.86. FISCAL IMPACT: The calculated special tax required to be levied forthe 2004-05 fiscal year is $1,691,140.86. This amount represents a $177,506 or 10.5% increase from the 2003- 04 special tax levy. Attachments: -Special Tax Calculation Worksheet -Resolution No. 04- RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) WHEREAS, the City Council of the City Of Temecula is the legislative body for Community Facilities District No. 88-12 (Ynez Corridor), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act'); and WHEREAS, the Board of Supervisors of the Countyof Riverside has enacted Ordinance No. 690 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, acting as the legislative body for Community Facilities District No. 88-12 (Ynez Corridor) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. 98-41 and County of Riverside Ordinance No. 690, there is to be levied an aggregate special tax of $1,691,140.86 on the parcels which comprise the CFD for Fiscal Year 2004-05 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor -Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by County of Riverside Ordinance No. 690, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. 98-41 and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 88-12 (Ynez Corridor)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 13`h day of July, 2004. Michael Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 13'h day of July, 2004, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk March 2005 Interest September 2005 Interest September 2005 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Deficit (Surplus) Reserve Adjustment Total Obligation Fiscal Agent Tax Consultant (Webb) Auditor -Controller Auditor -Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Foreclosure Counsel Sales Tax Admin Arbitrage Calculations (Series 1998 interim) District Administration Total Administration Total Obligation Total Administration Prior Year Deficit (Surplus) Total Requirement Administration % of Levy City's % of Levy Maximum Authorized Tax FY 2003-04 Levy Difference Delinquency Rate for Fiscal Year 2002-03 7.43% Delinquency Rate for Fiscal Year 2003-04 12.42% Current FY # of Parcels 508 $378,943.75 $378,943.75 $757,887.50 $770,000.00 $1,527,887.50 $1,531,468.75 $1,531,485.26 $16.51 -$16.51 $0.00 $0.00 $1,527,870.99 FY 03-04 FY 04-05 Actual Lew Difference $3,300.00 $3,300.00 $0.00 $6,500.00 $6,000.00 ($500.00) $100.00 $100.00 $0.00 $0.16 $80.32 $81.28 $0.96 $0.35 $2,262.23 $177.80 ($2,084.43) $0.00 $0.00 $0.00 $6,500.00 $5,000.00 ($1,500.00) $2,000.00 $0.00 ($2,000.00) $30,000.00 $30,000.00 $0.00 $50,742.55 $44,659.08 -$6,083.47 $1,527,870.99 $44,659.08 $118,610.79 $1,691,140.86 2.64% 1.77% $8,400,063.72 $1,513,635.30 $177,505.56 10.50% ACCOUNT BALANCE ACCOUNT DESCRIPTION June 4, 2004 Delinquency Maintenance fund $1,095,565.61 Reserve Fund $1,531,485.26 Bond Fund $1,013,707.96 Administrative Account $16,306.82 Total Funds Available $3,657,065.65 Funds Needed for Sept. P & I Reserve Fund Delinquency Maintenance Fund Total of Other Sources FUNDS AVAILABLE FOR SEPT P & I $1,013,707.96 $1,013,707.96 $1,531,485.26 $1,095,565.61 $2,627,050.87 ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Genie Roberts, Director of Finance DATE: July 13, 2004 SUBJECT: Professional Services Agreement for Annual Administration of CFDs/AD PREPARED BY: Polly von Richter, Senior Debt Analyst RECOMMENDATION: That the City Council approve a one-year professional services agreement for debt service administration for Fiscal Year 2004-2005 for the City's Community Facilities Districts and Assessment District in the amount of $48,000.00. BACKGROUND: The City of Temecula has four (4) existing Community Facilities Districts and one (1) Assessment District: • CFD 88-12 (Ynez Corridor) • CFD 01-2 (Harveston) • CFD 03-1 (Crowne Hill) • CFD 03-3 (Wolf Creek) • AD 03-4 (John Warner Road) To date, Albert A. Webb Associates has provided debt service administration for each of the districts, as well as administration of the sales tax reimbursement agreement for CFD 88-12. Among the services provided by Webb are calculation of special tax levy, public contact, delinquency management, disclosure and reporting, and calculation of sales tax reimbursements to property owners. The staff at Webb Associates is intimately familiar with the parameters of each of the City's districts and is committed to providing us the best possible service. It is staff's recommendation that the council approve a one-year professional services agreement with Albert A. Webb Associates so they may continue to provide debt service administration for the City's Community Facilities Districts and Assessment District. FISCAL IMPACT: Funds for the proposed contract are included in the annual special tax levies for each of the Districts. The total amount of the contract is $48,000 ATTACHMENTS: Professional Services Agreement with Albert A. Webb Associates R:'AgendwX04 AgenEes\SteO RWn - Webb Cone= for 04-05.dce FIN04-09 CITY OF TEMECULA PROFESSIONAL SERVICES AGREEMENT ALBERT A. WEBB & ASSOCIATES CFD ANNUAL ADMINISTRATION SERVICES AND SALES TAX REIMBURSEMENTS THIS AGREEMENT, is made and effective as of July 13, 2004 between the City of Temecula, a municipal corporation ("City") and ALBERT A. WEBB & ASSOCIATES, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 13, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Forty - Eight Thousand Dollars and No Cents ($48,00.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall -not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance certificates, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tm.2004.FIN04-09 6-21-04 b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Albert A. Webb & Associates 3788 Mc Cray Street Riverside, CA 92506 Attn: Leni Zarate (909)781-6190 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6.9 (commencing with Section 1220) of the Division 4 of Title 1 of the Government Code of the State of California. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:\Pumhasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Shawn D. Nelson, City Manager Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Albert A. Webb & Associates 3788 Mc Cray Street Riverside, CA 92506 Attn: Leni Zarate (909)781-6190 Name: Title: Two Signatures Required For Corporations R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 EXHIBIT A TASKS TO BE PERFORMED All tasks as per the Scope of Work provided by the Consultant attached hereto and incorporated herein as though set forth in full. R:\Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.FIN04-09 6-21-04 E%HIBIT A A L 8 E R T A. WEBB. A S S O C I A T E S 6NG1?46RaVG CONBOLTANU 3788 McCmy Sued, Riverside, CA 92506 Phomf (909) 686.1070 Fax (909) 789.1256 www.webbaumiaws.com May 17. 2004 CITY QF TEMECULA MAY 18 M Ms. Genie Roberts NANCE DEPARTMENT Director of Finance City of Temecula P.O. Boy: 9033 Temecu!a. CA 92589 RE; Proposal for Fiscal Year 200 -2005 Atux:al Administration of Land Secured Special Districts. Dear Ms. Roberts: Albert A. Webb Associates is pleased to submit this proposal to continue providing debt service administration for Fiscal Year 2004-2005 for the City of Temecula's Community Facilities Districts. Our proposal is organized in two parts: • Scope of Services • Compensation SCOPE OF SERVICES Services to be provided with regard to annua! administration services are: I. CALCULATION AND LEVY SPECIAL TAX CONSULTANT will, in consultation with staff assigned to administer the Special District, determine the special tax requirement for the current fiscal year and apportion the special tax to each parcel. The calculation of ilte special tax requirement will consist of the following: A. Parcel Information. CONSULTANT will maintain current Assessor's Maps for all Community Facilities District parcels and shall update annually, prior to enrollment of the current year's levy, any information necessary for use in calculating the special tax (i.e. land use classifications, building permits). CONSULTANT shall also maintain a computer database of development and land use information for ail Community Facilities District parcels where development and land use information is necessary for use in calculation of said special tax. CONSULTANT will calculate the maximum special tax for all parcet.s. J - I �f., qAW. Sl D PROPOSAI tTcmecula000; n009'\a.hwi vollosal Da!ed - pjml i3. _UU 1do: CIVIL ENGINEERING • PLANNING & ENVIRONMENTAL • WATER RESOURCES • ASSESSMENT / SPECIAL TAX CONSULTING Ms. Genie Roberts May 17, 2004 Page 2 of 5 B. Debt Service. CONSULTANT will coordinate with staff or with the Fiscal Agent of the district as necessary to review updated or current debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds. C. Administrative Expense. CONSULTANT will determine with staff the amount needed to meet the anticipated administrative expenses for the Community Facilities District for the current fiscal year and prepare a summary of administrative costs. D. District Funds. CONSULTANT will determine with staff if the district fund flows impact the special tax requirement as a debit or credit. CONSULTANT shall provide an update of the Reserve Requirement and determine any surplus or shortfall, as required for the district and prepare a summary of fund balances to be included in the annual disclosure report. E. CONSULTANT will determine the proposed special tax levy based upon the debt service requirements, administrative expenses and current status of district funds and prepare a summary of the total levy for each special tax category for inclusion in the annual disclosure report. F. Submittal of Annual Levy. Each fiscal year CONSULTANT shall prepare the annual levy for each Community Facilities District in a format and media acceptable for direct submission to the Auditor -Controllers office prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. CONSULTANT will provide staff with hard copy report of special taxes as calculated. If corrections/revisions after deadline are necessary, CONSULTANT will research, recalculate, and follow staffs direction to rectify the issue. II. PRIMARY CONTACT WITH PUBLIC. CONSULTANT is to serve as the initial and primary contact with the public regarding the levy of the special tax. A telephone number of the Consultant's designation will appear on the regular property tax billing next to the particular special tax to facilitate contact with the public. CONSULTANT is to provide information with regard to formation of the Community Facilities District, the facilities to be constructed, the number and maturities of bonds outstanding, the purpose and use of the bond proceeds issued for the District and the method of apportionment. III. DELINQUENCY MANAGEMENT A. Delinquency Policy. CONSULTANT will review and make recommendations to staff that any policies established related to the collection of delinquent special taxes are consistent with the foreclosure covenant and/or with the requirements of the bond issue for the district. M:�4AN'_STLY�PROPOSAL1Teirecula+2003-2004'adminproposal Dated .April 23. 2004.doc Ms. Genie Roberts May 17.2004 Page 3 of 5 B. Delinquency Tracking and Reporting. CONSULTANT will research the records of the Riverside Countv Tax Collector for payment information to determine which parcels are delinquent after the December 10 and April 10 property tax installment due dates. Delinquency reports will include parcel lists showing the APN, property owner and delinquent amount for each parcel. Reports will be prepared to reflect the delinquency status of parcels after each installment due date and will be posted on Albert A. Webb Associates website. C. Delinquency History. CONSULTANT will maintain a database that includes a regularly updated delinquency history of the parcels located in the district, as derived from the Riverside County property tax system. Delinquency history shall include delinquent amounts for each parcel including penalties and interest due, reference to those parcels that have been referred to Foreclosure Counsel, and prior year delinquencies that have been paid D. Notification to Delinquent Property Owners. (Optional at City's direction) CONSULTANT will prepare and mail letters (on letterhead), via first-class mail to property owners at the times and in the format determined by the delinquency policy. Notice of Default letters will be sent to mortgage lenders or first trust deed holders if directed by staff. CONSULTANT will respond to public request regarding delinquent notices and shall prepare, as necessary, statements to the requesting party all amounts delinquent including penalties, interest, and roll removal fees. E. Removal from Rolls. CONSULTANT will prepare correspondence to the Auditor - Controller's Office to remove any assessments from the roll for the purposes of delinquent special taxes and/or special taxes that have been paid directly to a particular district. F. Foreclosure Coordination. CONSULTANT will assist in preparing documents submitted to the City of Temecula requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to Commence Foreclosure, preparation of Exhibits for the Resolution to commencing foreclosure, and coordination of the removal of the Special Taxes approved for foreclosure from the tax roll. CONSULTANT will provide delinquent amounts (including penalty and interest at the time the foreclosure is transferred) to Special Counsel. CONSULTANT will provide technical support or act as an expert witness, (optional at City's direction) on behalf of the City of Temecula and Special Counsel as required in the preparation and litigation of foreclosure cases. IV. DISCLOSURE AND REPORTING A. Conununity Facilities Districts. CONSULTANT will prepare the report to the California Debt and Investment Advisory Commission as required annually for bonds issued after January 1, 1993. M:W.AW STD�PROPOSAI_'Srniecula�1003-2003\adminproposal Dated .April 23. 2004.doc Ms. Genie Roberts May 17.2004 Page 4 of 5 B. Enhanced Disclosure. CONSULTANT shall prepare the continuing disclosure report pursuant to the Fiscal Agent Agreement subsection Continuing Disclosure Agreement. C. Internet Dissemination. CONSULTANT shall post the continuing disclosure report on Albert A. Webb Associates' web site as well as delinquency information and updates. Set -vices to be provided with regard to Sales Tax Reimbursement are: CALCULATION OF SALES TAX REIMBURSEMENTS FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) CONSULTANT will to assist the City in researching the development status of each parcel, determining which properties are delinquent verses those that have paid, calculating the sales tax credit to be given, providing mailing information with the most recent name and address pursuant to the County records to those properties which receive credits and providing reports in a format acceptable to the City for their use. COMPENSATION The amounts include calculations necessary for the annual levy of special taxes, submittal to the County of Riverside Auditor -Controller the annual special tax levy, assist the City in scheduling, preparing and delivering presentation for the annual disclosure report, preparation of the annual delinquency reports, assist the City in reviewing and analyzing legislation that may have an impact on the district, and researching questioned special taxes which may have an impact on the district's annual levy. Albert A. Webb Associates propose to be compensated a fixed fee for services performed ac:ording to the schedule outlined as follows: Fixed Fee Schedule District Fixed Fee CFD 1-02 (Harveston) $10,000.00 CFD 88-12 (Ynez Corridor) $6,000.00 CFD 88-12 (Sales Tax Reimbursements) $5.000.00 CFD 03-01 (Crown Hill) $8.500.00 CFD 03-3 (Wolf Creek) $10.000.00 For the services performed related to the projects which are not listed herein, compensation shall be at the hourly rates set forth on Attachment "A", together with reimbursement, at cost, for M AAW_SID! ROPOSAI'',reme:ula\2003-2004\admmproposal Dated April 23. 2004.doc Ms. Genie Roberts Mav 17, 2004 Page 5 of 5 incidental expenses incurred in connection with such services. together with reimbursement for outside services at cost plus 1 5%. We have enjoyed working with the City in the past and look forward to continuing our relationship. If you have any questions regarding our proposal. or if additional information is needed, please contact our office at (909) 248-4280. Sincerely yours, Leni Zarate :\1',AA9"_S"VD\PROPDS AL\'I"cmeculaL003-2004\zdminproposal Dated April 23. 2004.doc H%HIBIT A A L 8 E R T A. VWBLRR A S S O C I A T E S S,NGONEEMG CONSULTANTS Nls. Genie Roberts Director of Finance City of Temecula P.O. Bo 9033 Temecula, CA 92589 Dear Ms. Roberts: 3788 McCmy SftW4 Riverside, CA 92506 Phone (909) 686.1070 Fax (909) 78&1256 www.webbauociales.wm May 17. 2004 CITY OF TEMECOLA MAY 18 aK VANCE DEPARTMENT RE: Proposal for the 2004-2005 Annual Administration For Assessment District No. 0.3-04 (John Warner) Albert A. Webb Associates is please to submit this proposal to continue providing debt service administration for Assessment District No. 03-04 (John Warner) for Fiscal Year 2004-2005. Our proposal is organized in two parts as follows: ♦ "Scope of Services" A "Compensation" SCOPE OF SERVICES Services io be provided with regard to annual administration for Assessment Districts are: 1. CALCULATION AND LEVY SPECIAL ASSESSMENT CONSULTANT will, in consultation with City staff assigned to administer the Assessment District, determine the special assessment for the current fiscal year and apportion the special assessment to each parcel. The calculation of special assessment will consist of the following: :4. Parca Infi;r;:u ti tt. CONSULTANT will maintain current Assessor's Maps for all Assessment District parcels and shail update annually, prior to enrollment of the current year's levy, any information necessary for use in calculating the special assessment. CONSULTANT shall also maintain a computer database of development and land use information for all district parcels where development and land use information is necessary for use in the continuing disclosure report. B. Reapportiomnents. During the period that annual assessment installments are to be levied for the assessment district. CONSULTANT is to facilitate the preparation of assessment apportionment applications. CONSULTANT is to. in a timely mamter'and pursuant to.the applicable statutory provision., prepare assessment apportionmeit's which shall i.tclude: a) preparation of amended assessment diagrams: b) apportioning the assessment to divided parcels; c) preparation and delivery of the required notice to the original bind purchast-r(s); and. d) recordation of required notice and amended assessment diagrams, a r.•'e,l' P-r,�•.npr�nf,C n I IT�,.,..,„Int"�Iln:.�(`f11'A r1,„1N,n1"nt,nSal jJnit❑ Pr`arl7erl.doc CIVIL ENGINEERING • PLANNING & ENVIRONMENTAL • WATER RESOURCES • ASSESSMENT / SPECIAL. TAX CONSULTING Irma.va...... _ ... _ ___. Ms. Genie Roberts May 17.2004 Page 2 C. Debt Service. CONSULTANT will coordinate with City staff or with the Fiscal Agent of the District as necessary to review updated or current debt service schedules and determine the amount needed to pay principal and interest on the outstanding bonds. D. Administrative Expense. CONSULTANT will determine with staff the amount needed to meet the anticipated administrative expenses for the District for the current fiscal year and prepare a summary of administrative costs. E. Special Assessment Levy. CONSULTANT will determine the proposed special assessment levy based upon the debt service requirements, administrative expenses and current status of district funds. F. Submittal of Annual Levy. Each fiscal year CONSULTANT shall prepare the annual levy for the District in a format and media acceptable for direct submission to the Auditor - Controller's office prior to the statutory deadline and shall perform adjustments and corrections to the levies on.the property tax rolls as necessary. Said schedule will be based _r on the parcel configurations within the district as of the preceding January 1, (the statutory lien date for the fiscal year for which said schedule is being produced). CONSULTANT will provide staff with hard copy report of special assessment/taxes as calculated. If corrections/revisions after deadline are necessary, CONSULTANT will research, recalculate, and follow City staff's direction to rectify the issue. II. PRIMARY CONTACT WITH PUBLIC A. Primary Contact with Public. CONSULTANT is to serve as the initial and primary contact with the public regarding the levy of the special assessment. A telephone number of the Consultant's designation will appear on the regular property tax billing next to the District's special assessment to facilitate contact with the public. CONSULTANT is to provide information with regard to formation of the District, the facilities to be constructed, the number and maturities of bonds outstanding, the purpose and use of the bond proceeds issued for the District and the method of apportionment. III. DELINQUENCY MANAGEMENT A. Delinquency Tracking and Reporting. CONSULTANT will research the records of the Riverside County Tax Collector for payment information to determine which parcels are delinquent after the December 10 and April 10 property tax installment due dates. Delinquency reports will include parcel lists showing the APN, property owner and delinquent amount for each parcel. Reports will be prepared to reflect the delinquency status. of parcels after each installment due date and will be posted on Albert A. Webb Associates web site. Ivl:\.4All _STD+.PROPnSAI_cfemcet ia. �1�7 Epp }b�drninpn+pesnl tjohn N'amer).doc Ms. Genie Roberts May 17.2004 Page 3 B. Delinquency Policy. CONSULTANT will review and make recommendations to staff that any policies established related to the collection of delinquent special assessment are consistent with the foreclosure covenant and/or with the requirements of the bond issue for the District. C. Delinquency History. CONSULTANT will maintain a database that includes a regularly updated delinquency history of the parcels located in the District, as derived from the Riverside County property tax system. Delinquency history shall include delinquent amounts for each parcel including penalties and interest due, reference to those parcels that have been referred to Foreclosure Counsel, and prior year delinquencies that have been paid. D. Notification to Delinquent Property Owners (optional at City's direction). CONSULTANT will prepare and mail letters (on City's letterhead), via first-class mail, return receipt, to property owners at the times and in the format determined by the delinquency policy. CONSULTANT will respond to public request regarding delinquent rs notices and shall prepare, as necessary,_ statements to the requesting party all amounts delinquent 'including penalties, interest, and roll removal fees. E. Removal from Rolls. CONSULTANT will prepare correspondence to the Auditor - Controller's Office to remove any assessments from the roll for the purposes of delinquent assessments and/or assessments that have been paid directly to a particular district. F. Foreclosure Coordination. CONSULTANT will assist in preparing documents submitted to the City of Temecula requesting authorization of foreclosure action. This includes preparation and recordation of the Notice of Intent to Commence Foreclosure, preparation of Exhibits for the Resolution to commencing foreclosure, and coordination of the removal of the Special Assessments approved for foreclosure from the tax roll. CONSULTANT *ill -provide delinquent amounts (including penaltyand interest at the time the foreclosure is transferred) to Special Counsel. CONSULTANT will provide technical support or act as an expert witness, (optional at City's direction) on behalf of the City of Temecula and Special Counsel as required in the preparation and litigation of foreclosure cases. IV. DISCLOSURE & REPORTING A. Enhanced Disclosure. CONSULTANT shall prepare the continuing disclosure report pursuant to the Continuing Disclosure Agreement. B. Internet Dissemination. CONSULTANT shall post the continuing disclosure report on Albert A. Webb Associates' web site as well as delinquency information and updates. M. A.1K'_STD�PROPOSACrTemecula'2003= 00J�Adminproposal (John Wuncn. doc GIs. Genie Roberts May 1 i. 2004 Pate 4 COMPENSATION Albert A. Webb Associates propose to be compensated a fixed fee of S8,500 for Assessment District 03-04 (John Warner) for the annual assessment levy and disclosure. Additionally, we proposed to be compensated for assessment apportionments (if necessary) described as Section I Subsection B in the Scope of Services. Compensation shall be based on the following fee schedule: Number of Newly Divided or Merged Parcels Base Fee PLUS 1 thru 10 $ 1,250.00 11 thru 20 1,400.00 21 thru 50 2,200.00 51 thru 100 3,000.00 101 thru 200 3,500.00 bxce�ding 200 4,000.00 Fee Per Mir,imunt Parcel Fee $ 50.00 $ 1,500.00 35.00 15.00 10.00 5.00 2.50 For a final tract map apportionment, an additional $250.00 will be added for the preparation of the White Report and Development Area Profile. We have enjoyed working with the City in the past and look forward to continuing our relationship. If you have any questions, or if additional information is needed, please feel free to call me at (909) 248-4280. Sincerely.. ALBERT A. WEB�B�A�,SSSO, CIATES � 0> `�`" Leni Zarate Wou.ed �Oc, ck�cLrT V��T o 2 es �nh VMUlh L¢ ht XYT,dG s to A L B E R TT ATTACHMENT "A"B WEFEE RA. SCHEDULE A S S O C I A T E S ESGISEERINO CO�SCLTA�Tb RATES CLASSIFICATION S HOUR Enaineerina Services PrincipalEngineer...................................................................................................... 110.00 SeniorEneineer.......................................................................................................... 100.00 Prolcct\[anager.......................................................................................................... 90.00 Assistant Project Manager ...................... ..... ................... ................... .... ...... ...... .... ... 75.00 Eneincer.................................... .............................. .............. ................. ........ I ........ I.... 85.00 AssociateEneincer..................................................................................................... 75.00 SeniorDesigner.......................................................................................................... 75.00 Desiener.... .................. .................. ................................ ...... .............................. I ...... .. 65.00 Senior CADD Operator.............................................................................................. 55.00 CADDOperator ..... ................ ...... .......... ......... ........... ...... .................................... 45.00 Environmental Scn'ices Principal Environmental Specialist............................................................................. 90.00 Senior Environmental Specialist................................................................................. 80.00 Environmental Specialist............................................................................................ 70.00 Associate Environmental Specialist............................................................................ 60.00 Environmental Coordinator....................................................................................... 60.00 Assessment/Special Tax Services PrincipalAssociate..................................................................................................... 110.00 SeniorAssociate.......................................................................................................... 100.00 Associate...................................................................................................................... 90.00 Analvst......................................................................................................................... 75.00 AssistantAnalyst......................................................................................................... 65.00 Survey./Inspection Services 3-Man Survey Parry..................................................................................................... 185.00 2-Man Survey Pam..................................................................................................... 150.00 1-Man Surve)Pari4.................................................................................................... 80.00 Construction Manaee.................................................................................................. 70.00 LeadInspector........................................................................................................... 65.00 Inspector...................................................................................................................... 60.00 Survey /Inspector Vehicle........................................................................................... .60 Per Mile Support Services Infunuation Systems Consultant.................................................................................. 70.00 .Administrative Assistant.............................................................................................. 55.00 WordProcessor........................................................................................................... 38.00 Clerical..................................................................... .............. ...... .... .................. 25.00 Outside Services Special Consultants and Purchased Sen ices ....................... Cost Plus I500 Miscellaneous IncidentalExpenses.................................................................................................... Cost Pusiage and Telephone ............................................................................................... Cost Prints. Copies. and. DelinccChargcs........................................................................ Cost 'rrnel & Subsistence ...... ................ ............ ............... ......... ........ ............. .................. Cost Mileaec....................................................................................................................... .35 Per \Mile ComputerTime........................................................................................................... I5.00 GISLicense Fee .... ................................................................................................. 25.00 Expert Wimess Tentimom and Preparation................................................................. 225.110 hour xnTE: All rare are sul+ice 1a :Large F_i<: cn annual imlatlon any ceil.d lnine nJws!menu. '. F1\ UCC EXHIBIT B PAYMENT RATES & SCHEDULE Payment Rate & Schedule is as provided by the Consultant attached hereto and incorporated herein as though set forth in full, but in no event shall total sum of the work exceed $48,000.00. Fixed Fee Schedule — Fiscal Year 2004/2005: CFD 1-02 (Harveston) $10,000.00 CFD 88-12 (Ynez Corridor) $6,000.00 CFD 03-01 (Crown Hill) $8,500.00 CFD 03-3 (Wolf Creek) $10,000.00 CFD 03-04 (John Warner) $8,500.00 Sales Tax Reimb for CFD 88-12 $5,000.00 .. : III 4I II R1Purchasing.Agreements04-05.M-Z.Webb.CFD Annual Admin&Sales Tax.2004.1FIN04-09 6-21-04 l rr ACORDn�w;nY .unxvr .C;ur,. c` s; /cw !� ,vu i»„ PRODUCER Monica Keehfuss WIN. �ATEa�rmonn t /i ., l r %/ :r//3':,.,?/ ,:�.i. y02 02 2004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' Talbot Ins & Fin Srvcs, Inc. 4371 Latham Street Suite 101 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 5345 COMPANIES AFFORDING COVERAGE Riverside,. CA .92501 COMPANY American Insurance -Company 909-788-8500 . fax909-788-29 A INSURED , Albert A: Webb Associates f,� COMPANY Illinois Union Insurance Company 3788 McCray St. MPANY C Riverside CA 92506 COMPANY D ,/ nr, r ,.f r. ,.5.''eL<»c /, .Sk°rY'8x..:>r/ !:4n::r:r • r"y'u :r../�, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE DATE(MMIDDNY) POUCY EXPIRATION DATE(MMIDD/YY) LIMITS A aENERuuABiuTY MXX80824193 02/01/2004 02/01/2005 GENERAL AGGREGATE F 2,000,000 X PRODUCTS -COMPIOPAGG s2,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑OCCUR PERSONAL S ADV INJURY 41,000,000 X EACH OCCURRENCE 91,000,000 OWNER'S a CONTRACTOR'S PROT FIRE DAMAGE (Any ono fire) $100,000 MED EXP JAM one person) 8 5,000 A AuToMosELELIABILITY MXX80824193 02/01/2004 02/01/2005 ANY AUTO COMBINED SINGLE LIMIT $ 1000000 X BODILY INJURY IPer person) S ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Pe, accident) 6 X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 8 OTHER THAN AUTO ONLY: ...................... „ ANY AUTO EACH ACCIDENT 8 AGGREGATE 8 EXCESS LIABILITY EACH OCCURRENCE 8 UMBRELLA FORM AGGREGATE 8 OTHER THAN UMBRELLA FORM 5 WORKERS COMPENSATION AND BAPLOYERS' LIABILITY ' EL EACH ACCIDENT 8 THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE - POLICY LIMIT t EL DISEASE - EA EMPLOYEE 8 OFFICERS ARE: EXCL B OTHER Professional Liability EONG21641697200 8/08/2003 08/08/2004 1,000,000 Ea Claim 2,000,000 Aggregate 100,000 Ded Per Clm DESCRIPTION OF OPERArONSILOCATIONSIVEMCLES/SPECIAL IT MS Certholder, its officers, officials, employees and volunteers are named additional insureds with respects to general liabilit per CG2010 10/01 attached. Primary Wording for General Liability included. Certholder, its officers, officials, employees and volunteers are named additional insureds with respects to automobile polic per CG7018 4-96. Pr"', ect Ref Irence: CFD 98-1 City of Temecula SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Attn: Gus Papagolos EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 43200 Business Park Drive Temecula, CA 92590 30 DAYS WRRTEN NOTCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TOE -aye notice for non-payment BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEMATNEaim P.S�'X. FI.t+I,.✓� u.u..:,.; ;.,,,�,w k_>.:.TA'PTISf3,f+F ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: w William G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: First Amendment - Professional Services Agreement for Design Services Maint. Facility Expansion (Field Operations Center), Project No. PW03-06 PREPARED BY: Greg Butler, Principal Engineer - CIP RECOMMENDATION: That the City Council: 1. Approve the Facilities Plan for the City's future Maintenance Facility Expansion (Field Operations Center). 2. Approve the First Amendment to the Professional Services Agreement with Richard Brady & Associates, Inc. for an amount not to exceed $541,164.00 to provide design services (schematic design, design development and construction drawings) for the Field Operations Center (Maintenance Facility Expansion), Project No. PW03-06 and authorize the Mayor to execute the amendment. 3. Authorize the City Manager to approve Amendments not to exceed the contingency amount of $54,116.40 which is equal to 10% of the amendment amount. BACKGROUND: On February 10, 2004 City Council approved a professional services agreement with Richard Brady & Associates, Inc. (RBA) for the Programming & Planning phase and preliminary Parking Lot Design of the Maintenance Facility Expansion, Project No. PW03-06 in the amount of $81,975.00. RBA completed the programming and planning phase for the proposed Maintenance Facility Expansion pursuant to the original contract. This phase included research of existing site conditions, completion of a site specific topographic survey, geotechnical and seismic investigation of the proposed site (the vacant parcel adjacent to City Hall). RBA met with the City Manager's Office and the City space planning group to review staffing projections. RBA completed an extensive needs assessment interview with each department head, and their respective managers to determine the needed office area, storage area, parking and maintenance yard requirements. The result of this phase is the draft Facilities Plan, excerpts of which are attached. The amendment under consideration provides for the completion of the design of the ultimate facility as described in the Facilities Plan. The facility is currently planned to be designed and constructed in 3 phases, with phase 1 being the parking lot which will serve the completed facility and will also provide overflow parking for the existing City Hall complex. Phase two, possibly completed concurrently with phase 1, will entail the completion of the corporate yard expansion, to include secured parking areas, material storage bins, covered heavy equipment storage, and exterior storage areas. The final phase would include the construction of the building shell. RAGENDA REPORTS N0713041PW0306 Maint Exp. RBA Amend0l.DOC The occupancy of the new building will also phased with the first occupancy being roughly 4000 square feet to allow for some relief of the overcrowding within the existing City Hall & Maintenance Facility. As additional programmed funding becomes available in future fiscal years, additional tenant improvements to the new building will be completed. FISCAL IMPACT: The Maintenance Facility Expansion (Field Operations Center) is a Capital Improvement Program Project funded with Development Impact Fees — Corporate Facilities, Public Facilities and Capital Project Reserves. Adequate funds are available in the project account, Account No. 210-165-742-5802. ATTACHMENTS: 1. Project Location 2. Project Description 3. Draft Facilities Plan (Excerpts) 4. First Amendment to Professional Services Agreement R?AGENDA REPORTS00410713041PW03 06 Maint Exp. RBA Amend0l.DOC 7 I. a V 0 C. 0 0 0 0 0 0 aw+OOOOOoO d C 0 0 C 0 0 0 0000\oo y 8 N O O O w Co . 69 6A 69 6.9 69 613, 6H u pu rr�� N � Y o w 00 t o r y S S N W 6V S CD T �} O b O O O S S M O u O yg 6y N N O T O N N cl a :� 69 4'3 Vi b4 ffi 77 V N w u O O O O O O O S O O vo 00 CD W N .r 41 69 60 69 69 p � N a U v 0 0 0 0 o o S S S y 4.., 0 a c '� y O «�'. " 00 CAb m m 7 W m N q O �w 69 4Q� N 3 64 6fi 69 �a 0 °0 bb ��11 CN w CL pa Cl C 0 •� .9 CCoA v ow `0 E� on C Uo 6n ° o o O o U ❑ VJ M 0.�1F dQUUAizEF N (�1 ATTACHMENT DRAFT FACILITIES PLAN (EXCERPTS) IlXX*1111W u1ll� THIN" Introduction The City of Temecula's City Hall is located at 43200 Business Park Drive. The City's functions and operations currently housed within City Hall and its adjacent maintenance yard, include: • The Mayor and City Council • The City Manager's Office • Building and Safety • Code Enforcement • Community Services • Economic Development • Engineering • Finance • Fire • Human Resources • Planning • Public Works • Redevelopment To better serve the City and its growing community, the City of Temecula has acquired an approximate 3.25-acre site, within the business park and adjacent to City Hall, to expand and improve its operations. In February 2004 the City of Temecula contracted with Richard Brady & Associates in association with PlatUWhitelaw Architects to plan and design the new City Maintenance Facility and Corporate Yard. Early in the detailed development of the scope of work for the project the City identified a need and elected to phase the planning and design services to include an initial Facilities Programming phase. The Facilities Programming phase would help ensure that the requirements for the new Maintenance Facility and Corporate Yard were better defined and accurately reflected the best estimate of the City's current and future needs. The Facilities Programming phase would, therefore, provide a first step toward budgeting, design and construction of a new facility to meet present and future staff and operations' requirements, and provide a reference foundation upon which more detailed designs can progress. The City's organizational structure, necessary to meet the needs of its citizens and community which it serves, and its limited offices and facilities at City Hall and its current maintenance building has resulted in a very cramped work environment and deeply integrated operational and administrative functions that, at times, compete for shared work space. To address this need and better serve the community, the City plans to relocate its City Hall and associated administrative functions to a new Civic Center within the next ten years. It was, therefore, necessary to conduct a facility needs assessment that examined the entire City organization, its staffing levels, and space requirements associated with a "stand-alone" maintenance facility, and a facility and building that will be used in the interim by many other city staff until such time that all other City administrative functions are relocated to a new future City Hall and Civic Center. ES-1 Existing Conditions The City's existing City Hall and Maintenance Building is located on an approximate 4.2-acre site within the Rancho California Business Park off of Business Park Drive in the City of Temecula. The City Hall building is a two-story concrete tilt -up building of approximately 30,000 gross square feet. The area immediately surrounding City Hall consists solely of an asphalt -concrete paved parking lot. There are 205 parking spaces within the City Hall parking lot available for city and staff and visitors. The existing City Maintenance building, located immediately southwest of City Hall, is a two-story concrete block building of approximately 13,000 gross square feet. The area immediately surrounding the Maintenance building consists of a concrete paved area to support the storage and parking of city maintenance vehicles, equipment, tools and materials. Facility Needs Assessment The Facility Needs Assessment was compiled using the following process: • Obtain information via staff questionnaires • Verify information using staff interviews • Prepare preliminary area requirements matrix • Refine area requirements through additional meetings with selected staff Not all assessed departments will be housed in the new Maintenance Facility. However, an Area Requirements matrix for each department currently accommodated on the site was prepared to aid the City in long-term facility planning for all departments. Screening Criteria Criteria for evaluating site plan concepts have been derived from the various discussions and interviews with City staff during the design investigation process. These criteria are summarized as follows: • Allow for interim (2 year) and ultimate (10 year) use of new facility • Minimize staff and organization impacts during construction • Allow continued operations during construction • Provide for effective work/supervisory control and relationships • Provide adequate employee and visitor parking • Provide adequate fleet vehicle and equipment parking/storage • Provide efficient and effective materials handling patterns • Provide sufficient covered storage • Balance functional and efficient facilities with low cost for best value • Provide durable, easy to maintain facilities ES-2 • Provide high quality work environments that are operationally efficient • Provide flexibility for future change and growth. • Provide facilities that are energy efficient • Provide facilities supportive of a healthy and positive work environment • Provide facilities that contribute to the overall security of the site • Provide facilities that complement the surrounding business park Business Park The Development Regulations for the Rancho California Business Park provide additional site development requirements. General design objectives call for projects that: • Preserve the campus like setting of the Park • Use sloping roofs or screen flat roofs with parapets • Provide sensitively designed buildings, site improvements and free standing signage • Provide adequate on -site parking and avoid street parking • Screen exterior equipment from view of adjacent streets and properties • Provide landscaping to screen and enhance the project • Consider aesthetic impact on neighbors in the appearance, placement, configuration and massing of the improvements More detailed requirements of the Business Park will be addressed during the design phase. Utilities Underground utilities including electric, water and sewer currently occupy the new Maintenance Facility site. Appropriate easements in new construction should be provided to allow access, unless it is determined that the utilities can be abandoned or relocated. Geotechnical A detailed geotechnical and seismic investigation of the site has been conducted. From this investigation, a known earthquake fault has been identified and located on the site. An earthquake restriction zone has been established wherein no buildings or structures should be located. Conceptual Site Plan A conceptual site plan has been developed from the review of the building program and site analysis. These plans have incorporated feedback from City staff and the following features are incorporated: • New 2-story Maintenance Building ES-3 • Bulk storage bins • Covered equipment storage • Improved on -site traffic patterns • Existing buildings remain • Provide adequate public and staff parking • Provide adequate fleet parking • Provide adequate covered vehicle and equipment storage • Provide secured yard • Provide site development plan that can be implemented in the following phases: Additional public/staff parking Additional yard and covered storage New maintenance building shell with approx 4,000 SF of interior build - out for interim uses Complete maintenance building build out for ultimate uses Architectural Design The new Maintenance Building is designed to eventually serve the needs of the Public Works Maintenance Department and the Temecula Community Services Department (TCSD), as well as Code Enforcement and Fire plan check and inspection. The building is designed as a two-story structure; the first floor accommodates the storage and workshop requirements for both Public Works and TCSD, as well as the public entry lobby and reception, a conference room and men's and women's toilet rooms. The second floor accommodates the office requirements for both departments as well as showerilocker facilities, a kitchen/break room, the training room and a second conference room. Civil Design The new Maintenance facility site is generally flat with a slight slope north to Business Park Drive. The new front employee and visitor parking lot will be similar in design to ,the existing City Hall parking lot. Paving will be asphalt and the design will include landscaping and lighting for a consistent look and flow with the existing parking facility. Additional parking for people with disabilities will be provided, as required, with the implementation of the new parking lot. The new maintenance yard will be an open concrete paved area that will provide for the following accommodations: • Adequate fleet and equipment parking • Covered parking areas • Two truck wash bays • Paint Stencil and Vactron washout areas • Hazardous materials storage area • Covered and secured materials and equipment storage ES-4 • Bulk material storage bins • Scrap metal and green waste roll off -bins • Roll off "low boy" bin with dump ramp for asphalt and concrete • Perimeter concrete block security wall Structural Design The geotechnical report for the project site indicates that several active earthquake faults are in close proximity and that one actually transversely crosses the site. It is anticipated that the project site will periodically experience ground acceleration as the result of moderate to large magnitude earthquakes. Based on these known seismic conditions, the most appropriate building structural system is considered to be a steel frame system utilizing special concentrically braced steel frames for resisting earthquake forces. Phasing Plan To construct the City Maintenance Facility and Corporate Yard plan in an expeditious manner and to provide flexibility with its implementation within available budgetary limitations the following three phases for construction have been identified: Phase 1 would include the front employee and visitor parking lot for the future maintenance building. This parking lot would be implemented as the first phase and would, therefore, provide an immediate relief for an overcrowded parking situation that currently exits at City Hall. Phase 2 would include the new rear maintenance yard and exterior facilities, inclusive of additional fleet parking, covered storage, bulk materials storage bins, truck wash bays, paint stencil and Vactron washout areas, and other covered and secured materials and equipment storage areas. Phase 3 would include the shell of the new maintenance building and approximately 4,000 gross square feet of interior improvements. The remainder of the interior improvements and the full build out of the Maintenance building would occur in a future phase (Phase 3A), at such time the space needs are warranted and an adequate budget is made available. Probable Cost The probable cost of construction of the project, inclusive of all phases of work and the complete build -out of the Maintenance Building, is estimated at approximately $5.8 million. A summary of the estimated construction cost for each phase is as follows: Phase 1 Front Employee and Visitor Parking Lot $500,000 ES-5 Phase 2 Rear Maintenance Yard and Exterior Facilities $2,500,000 Phase 3 Maintenance Building Shell with 4,000 SF of $1,900,000 Interior Improvements Phase 3A Remaining interior Build -out of Maintenance $900,000 Building Owner relocation costs are not included in the above construction cost estimates. Other exclusions include professional fees; construction contingency; furniture, fixtures and equipment; and other soft costs. Preliminary statements of construction costs and area calculations are presented with the knowledge that they were prepared without the advantage of detailed design. Therefore, the construction cost estimates are not guaranteed and are subject to wide variation. ES-6 4. PRELIMINARY DESIGN PLAN 4.1 Conceptual Site Plan The conceptual site plan, Figure 4, was generated from the review of the building program and site analysis. These plans have incorporated feedback from City staff. The following features are incorporated: • New 2-story Maintenance Building • Bulk storage bins • Covered equipment storage • Improved on -site traffic patterns • Existing buildings remain • Provide adequate public and staff parking • Provide adequate fleet parking • Provide adequate covered vehicle and equipment storage • Provide secured yard • Provide site development plan that can be implemented in the following phases: Additional public/staff parking Additional yard and covered storage New maintenance building shell with approx 4,000 SF of interior build - out for interim uses Complete maintenance building build out for ultimate uses 4-1 4.1.1 Architectural The new Maintenance Building is designed to eventually serve the needs of the Public Works Maintenance Department and the Temecula Community Services Department (TCSD), as well as Code Enforcement and Fire plan check and inspection. The building is designed as a two-story, structure; the first floor, Figure 5, accommodates the storage and workshop requirements for both Public Works and TCSD, as well as the public entry lobby and reception, a conference room and men's and women's toilet rooms. The second floor, Figure 6, accommodates the office requirements for both departments as well as shower/locker facilities, a kitchen/break room, the training room and a second conference room. Public access is provided from the parking lot and is located on the northwest end of the building as a link to existing city buildings (City Hall and the "West Wing" Maintenance Building). Staff access is provided on the southwest side of the building, directly from the maintenance yard. Overhead doors, to allow for vehicle loading access, serve all the first floor storage facilities and workshop. While the main vehicular access to these spaces is from the yard side, access is also provided from the parking lot side for added flexibility of use. Chain link cages to provide the appropriate storage accommodations will divide the storage space interiors. These can be easily changed over time to meet changing requirements. The second floor office area will be designed to accommodate the requirements of both Departments, including enclosed offices as well as office partition systems. They are located on the southwest side of the building to allow for visual access to the yard. The building structure will be a braced steel frame with steel framed wall construction (Construction Type V-1-hr). There will be a concrete protective wainscot at the exterior walls. Floor and roof assemblies will be metal deck with concrete infill. The roof is low sloped with built up roofing and a small area of metal roofing. Mechanical package units will be roof mounted and the building will be fully sprinklered. See Figure 7 for conceptual elevations of the exterior view of the proposed new Maintenance Building. 4-2 I ¢ / MAlEB BAYS ---- - — - - — - - — -ISI F� - � I - Ill nF ® lyl © N oOERNEAO CAVc-R �o ^y %0' SS-6 n ---------------- ., VA=M - °III II '� I(II(����� /� oYEiMEAO COVFR IP �51F11CIL qlT I / I I 1 4 (zo' HIGH) 35'z,os' =N I wAsxauT I ' 'IiAzumousICE, �> I a° 1, T 85' !' � R TYP EW ijI�M16 ow ov N 1 o au wu£ 6 I caNc W cY / u` iA —! ICj., I I R PWMG (14p HIM) 54' NEIPI WI11 l '• :' - / ///� / i �NEW NEW MAHMNANCE / NNTpUNCE BUROYI0 (PxM I (PHASE 3) /' � .� N,.' �i/ •/// u/�.7 / l i � CV�£RED / / s/ ti. /R♦1 i BeHw b2 ♦CNa III_ +J 1 6 I b' m / / F+r I �a + +NET .CNN\ �ti' m ♦L` /,.% p/ /!/�i/\ Da�-.5\ l/', ,� �' ensGAS GAS w S/iEPLAN � Maven smMx PLATT/WHITELAW § ,�:viwl,'xlinds �. fl'w.wrndM ARCHITECT$ INC. IZ � A .Y PHOW 61-2602 SCAIE IN FEET E§ sxam o FAX6p-5S6-4.950 E mwRenG SAM mca m aG a $n awsmu'rwv %Gc� avE Bi a}+sera wan arz mcx Mwer sevc RF^ sT%�i°"1+ er �'^ W °"°ed �' 1xcnlernBm ar are C/TY OF MMECULA aPAanaxr cr vtretK waves " xl ems' M Z�` C CORPO/7FAW *RAC ECTND F/G-4 y^ �4P 2CE No. Fxpries R.CE Na "17 F,*e R-lR-OI SMPLAN gee -t ARCHITECTS, INC N FIRST FLOOR PLAN SCALE- 1/16' - T-0' of a e sz own & I ° 6, 1 r mwm u .a'. a aM. I 1 � ' R.C.E. No. Expim a da er an-. C/TYOF TEMECULA arwT" Of waW NVRXS ax C/TYMA/NTENANCEFAC/L/TYAND CORPORATE YARD PROJECT acc w "17 F*wm 6-� F/RSTFLOORPMN 1 JUN 0d rFA'9-5 mm�3am uRH¢NOn .Ei%iriiu�. �i�is� �ffan�0 i-&M-417-4/33 ars amx wv a: � arc er RE46RYb 'I„11'11� 'II'1'II'1� �111'1"I' 11'll"11 p EVATM PLATT/WHITELAW ARCHITECTS, INC. 4034 30th STFEEf MN DEGCk CALFOR4A 92104-2602 PHONE 6V-546--4326 FAX 619-546-4350 anal �a¢r N i �Tmm DATA „ �... I I F£[EPfIQI 11i. OB I �py� �i�, HB 8VlPa� 2�L IET.VFL YOB }�jG p_� — QHICLES IE! 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CITY OF MfECIMA DD WW9 tr P&" euwrsrrwm CITYMA/NTENANCEFACILITYAN FF/C-7 FF °^� CORPoRATEYAi40PR0✓ECTwm R.C.E No. R.C.E Nx !66/1 e.pies c�,:2,.. s-ao-a SCNEMAT/CELEVAT/ONS .vn�.� Y_ I i , / I LEGEND I 1 nF4-1w nip I `" PHASE 7 ANN I II`I 1 n PHASE 2 III a I PHASE J \ m a I v y r III r � II --------------' �_ Cti ��� ,/ -- �� w_ is PNAB/NGPLAN Imrtmwa sER.rcc.umr PLATT/WHITELAW' ARCHITECTS, INC. 800 42 -4E SAND 301h STREET 20 0 20 b [A i-800-122I/JJ $ep/ 2104 2602 921A4-26A2 'i�-E IN FEET o PHONE_ Ee 9.y t.su.x ��xmm FAX fi5-646-4350 p Ml 1109tPG MK $R.1fE HY/ liG E„ P3nTM.Crgl /2@i0 OI/E by RE46CNS . D NM I SFN.' cuE:w°+/ �`0� ° °""R ranuvne aF I C/TYOFTEMECULA arwrNw wnrows °owgM N°GeM e" a� a: =EWIs/134° C/TYA/WIMMANGEMC/L/TYAND F/G-1f •' .�. .�v�. CORPORA TEYARD PAWANICT �< ��2Ra"W«+" R.C.E. No. Expires R.GF. Na �+Il Ei ww. 6-0� `4.m:� PHAS/NG PLAN .9,wLoL ATTACHMENT 4 FIRST AMENDMENT PROFESSIONAL SERVICES AGREEMENT FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RICHARD BRADY & ASSOCIATES MAINTENANCE FACILITY EXPANSION (FIELD OPERATIONS CENTER) PROJECT NO. PW03-06 THIS FIRST AMENDMENT is made and entered into as of July 13, 2004,by and between the City of Temecula, a municipal corporation ("City") and Richard Brady & Associates: ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes A. On February 10, 2004 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for the Maintenance Facility Expansion Design Services ("Agreement") in the amount of Eight One Thousand Nine Hundred Seventy Five Dollars and No Cents ($81,975.00). B. The parties now desire to increase the payment for additional schematic design, design development and construction drawing services in the amount of Five Hundred Forty One Thousand One Hundred Sixty Dollars and No Cents ($541,164.00) and amend the Agreement as set forth in this Amendment. 2. Section 4 a Payment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment for additional design services amount shall not exceed Five Hundred Forty One Thousand One Hundred Sixty Dollars and No Cents ($541,164.00) for additional schematic design, design development and construction drawings for a total contract amount, of Six Hundred Twenty T hree Thousand O ne H undred T hirty N ine D ollars a nd N o Cents ($623,139.00). 3. Section 10 b 4 Insurance Requirements, Minimum Limits of Insurance of the Agreement is hereby required and amended to read as follows: b. (4). Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. rACIP\Proiects\PW03-06\Richard Brady Amend 1 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RICHARD BRADY & ASSOCIATES MAINTENANCE FACILITY EXPANSION (FIELD OPERATIONS CENTER) PROJECT NO. PW03-06 THIS FIRST AMENDMENT is made and entered into as of July 13, 2004,by and between the City of Temecula, a municipal corporation ("City") and Richard Brady & Associates: ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On February 10, 2004 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for the Maintenance Facility Expansion Design Services ("Agreement') in the amount of Eight One Thousand Nine Hundred Seventy Five Dollars and No Cents ($81,975.00). B. The parties now desire to increase the payment for additional schematic design, design development and construction drawing services in the amount of Five Hundred Forty One Thousand One Hundred Sixty Dollars and No Cents ($541,164.00) and amend the Agreement as set forth in this Amendment. 2. Section 4 a Payment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment for additional design services amount shall not exceed Five Hundred Forty One Thousand One Hundred Sixty Dollars and No Cents ($541,164.00) for additional schematic design, design development and construction drawings for a total contract amount, of Six Hundred Twenty T hree Thousand O ne H undred T hirty N ine D ollars a nd N o Cents ($623,139.00). 3. Section 10 b 4 Insurance Requirements, Minimum Limits of Insurance of the Agreement is hereby amended to read as follows: b. (4). Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. rACIP\Projects\PW03-06Ut1chard Brady Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Richard Brady & Associates 4909 Murphy Canyon Rd., Suite 220 San Diego, CA 92133 (585)496-0500 Richard Brady, President Sandra Brady, CFO (Two Signatures Required For Corporations) ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. EXHIBIT "A" SCOPE OF SERVICES City of Temecula's Maintenance Facility and Corporate Yard Richard Brady & Associates June 8, 2004 Proposed Professional Design Consultants: Project Management, Civil & Structural Engineering - Richard Brady & Associates, hic. Architecture - Platt/Whitelaw Architects, Inc. Survey - Nolte Associates, Inc. Geotechnical Engineering - Kleinfelder & Associates, Inc. Electrical Engineering - Turpin & Rattan. Inc. Mechanical Engineering - E/C Engineering, hic. Landscape Architecture - Marum Partnership, Inc. Cost Estimating - O'Connor, Inc. Project Description: The City of Temecula Maintenance Facility and Corporate Yard project consists of planning and designing of an approximate 16,000 square foot maintenance administration facility (building) and secured corporate yard (shaded heavy equipment, vehicle storage and material storage bays, etc.) to be constructed on an approximate 3.25-acre lot adjacent to the existing City Hall, located in the Rancho California Business Park. Design services shall include preparing all necessary reports, all necessary preliminary engineering and site development plans, coordinating and/or designing the facility's utility services and emergency generator, and all necessary civil engineering, structural engineering and architectural design to provide a complete set of construction plans & specifications. The project will entail coordinating with the City's space planning group and effected departments to ensure the most advantageous space utilization. It is anticipated that the project will be phased into three phases. The first phase will provide for a parking lot that will serve the new building and provide overflow parking for the existing City Hall building. The second phase will provide for a new maintenance yard to serve the existing maintenance building and a new maintenance building to be constructed in phase three of the project. The third phase of the project will provide for the shell construction of a new maintenance building and the build -out of approximately 4,000 gross square feet of office space. 1 Scope of Services: This scope of services is for the design of the new City Maintenance Facility and Corporate Yard, based on the project's Facilities Plan (draft report dated June 1, 2004) prepared by Richard Brady & Associates in association with Platt/Whitelaw Architects, consistent with the level of effort detailed in the attached fee proposal. 1. Project Administration Services a. The Consultant shall manage the Consultant's services and administer the Project. The Consultant shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and issue progress reports. The Consultant shall coordinate the services provided by the Consultant and the Consultant's subconsultants with those services provided by the Owner and the Owner's consultants. b. The Consultant shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required by the Owner, design services furnished by the Consultant, completion of documentation provided by the Consultant, commencement of construction, and Substantial Completion of the Work. c. The Consultant shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. d. The Consultant shall prepare presentation materials, reflective of the design work, including project renderings for formal presentations to various Owner's representatives to explain the design and progress of the Project. e. Presentations shall be as follows: i. Staff Workshops — 3 maximum ii. City Council —1 maximum 2. Evaluation of Budget and Costs of the Work a. The Consult shall prepare a preliminary estimate of the Cost of the Work. This estimate shall be based upon the Facility Programming phase and work described in this Scope of Services and shall be used for confirmation or adjustment in the Owner's Project budget. As the design process progresses through the end of the preparation of Construction Documents, the Consultant shall update and refine the preliminary estimate of the Cost of the Work. The Consultant shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Consultant's estimate of the Cost of the Work exceeds the Owner's budget, the Consultant shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Consultant in making such adjustments. 2 b. Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Consultant represent the Consultant's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Consultant. c. In preparing estimates of the Cost of the Work, the Consultant shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. d. If bidding or negotiation has not commenced within 90 days after the Consultant submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. 3. Supporting Services a. The Owner shall furnish a written legal description of the site. b. The Consultant shall furnish a survey that describes the topography, physical characteristics, legal limitations and utility locations for the site (completed). The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. c. The Consultant shall furnish services of geotechnical engineers to conduct a geotechnical investigation of the site and prepare a report with recommendations for design and construction of the Project (completed). The report will provide an analysis of the site seismic activity, including fault lines, if any, to determine the appropriate location of the building and related improvements. Services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, ground corrosion tests M and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. 4. Programming Services (Completed) a. The Consultant shall attend and participate in a kickoff meeting with the Owner, space planning and user representatives. b. The Consultant shall review existing site conditions and facilities and prepare certain documents in the development of a Site Analysis and Facility Program. Services shall included but not be limited to: 1. Topographical survey of the site. 2. Site -specific geotechnical and seismic investigation. 3. Verification of existing staff accommodations based on accurate "as - built" plans provided by the Owner. c. The Consultant will develop staffing projections for the Project in consultation with the Owner's space planning and user representatives to identify staffing projections for each department and analyze existing facilities for maximum accommodations. d. The Consultant will prepare a Building Needs Assessment in consultation with the Owner's space planning and user representatives to identify adjacency requirements, space requirements, and technical/functional requirements. These programmatic requirements will be documented in a Needs Assessment report. e. The Consultant shall prepare a screening analysis to establish project design criteria and identify master code and regulatory constraints, and prepare a Site Analysis examining such factors as climate, utilities, pedestrian and vehicular circulation, drainage and topography. The screening and site analyses will be incorporated into the Needs Assessment report. f. The Consultant shall prepare conceptual site and floor plans based on the Needs Assessment report. The conceptual site and floor plans will be used to: 1. Coordinate with the space planning and user groups to review site and space planning options. 2. Develop preliminary floor plan layouts. 3. Develop preliminary site plan layouts. 4. Meet with the Owner's staff to present and discuss options. g. With input, feedback and direction from the Owner's space planning and user group representatives, and staff the Consultant shall prepare preferred alternative site and facility layouts. The preferred alternative layouts will be incorporated into the needs assessment report and be presented to the Owner for discussion and conclusion of a recommended site and facility layout. 5. Design Services a. Schematic Design Services i. The Consultant shall provide Schematic Design Documents based on the mutually agreed upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of n the Project illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include preliminary building plans, sections and exterior elevations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. ii. Maximum number of copies of the schematic design documents to be provided to the Owner shall not exceed five (5). iii. Schematic design documents shall consist of the following: 1. Statement of Probable Construction Cost 2. Schematic architectural site plan drawing 3. Schematic landscaping site plan drawing 4. Schematic floor plan(s) drawing(s) 5. Exterior elevation drawings indicating proposed exterior finish materials and structural systems 6. Two schematic building cross sections iv. Discipline coordination and document cross checking. V. Agency consulting and review. (Any Agency fees will be paid by the Owner.) vi. Project scheduling. vii. Propose selections for mechanical systems. viii. Proposed selections for electrical systems. ix. Propose selections/description of on -site utility systems, fire protection system, site drainage system. X. Materials research including identification of potential architectural materials, systems, and equipment. xi. Project administration. xii. Preparation for and attendance at progress meetings with the Owner. (4 maximum.) b. Design Development Documents (35% Construction Documents equivalent) i. The Consultant shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, sizes and appearance of the Project my means of plans, sections, and elevations. The Design Development Documents shall include descriptions that identify major materials and systems and establish in general their quality levels. ii. Maximum number of copies of the design development documents to be provided to the Owner shall not exceed five (5). iii. Design Development Documents shall consist of: 1. Updated Statement of Probable Construction Cost 2. Architectural site plan drawing 3. Civil site plan drawing, including utility locations 4. Landscape site plan drawing 5. Architectural floor plan(s) at 1/8" = F-0" 6. Reflected ceiling plan(s) at 1/8" = 1"-0" 7. Special area floor plans at '/4" = 1 %0" 8. Preliminary interior elevations of special areas 9. Exterior elevations 10. Building cross sections 11. Preliminary HVAC 12. Preliminary electrical lighting and power plans 13. Written descriptions of the following systems: a. Irrigation system b. Structural system c. Electrical system, including catalog cuts of proposed lighting fixtures d. Mechanical systems, including catalog cuts of proposed HVAC units and plumbing fixtures 14. Proposed specification table of contents iv. Discipline coordination and document plan checking. V. Agency consulting and review. vi. Update and monitor Project schedule. vii. Architectural design and documentation services consisting of continued development and expansion of Schematic Design to establish the final scope, relationships, forms, sizes, and appearance of the Project. viii. Materials research including review of Owner's General Conditions and Contract for Construction, development of preliminary specification table of contents. ix. Preliminary concepts for interior, materials, finishes and colors. X. Landscape design documentation services consisting of continued development and expansion of Schematic Design. Develop material and plant lists to help establish final scope of landscape work. xi. Civil design documentation services consisting of continued development and expansion of Schematic Design including on -site civil engineering work. xii. Electrical design documentation services consisting of continued development and expansion of Schematic Design including criteria for lighting, electrical and communication systems, approximate sizes and capacities of major components, preliminary equipment layouts, required space for equipment and chases, and energy conservation measures. xiii. Mechanical design and documentation services consisting of continued development and expansion of Schematic Design including recommended systems, approximate equipment sizes and capacities, preliminary equipment layouts, required space for equipment and chases, acoustical and vibration control, visual impacts, and energy conservation concepts. 52 xiv. Structural design and documentation services consisting of continued development and expansion of Schematic Design including basic structural system and dimension, final structural design criteria, foundation design criteria, preliminary sizing of major structural components, critical coordination clearances, and materials selections. xv. Project administration xvi. Preparation for and attendance at progress meetings with the Owner (6 maximum.) c. Construction Documents i. The Consultant shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include drawings and specifications that establish in detail the quality levels of materials and systems required for the Project. ii. Maximum number of copies of the construction progress documents at each review to be provided to the Owner shall not exceed five (5). iii. Construction Phase Documents shall consist of: 1. Updated of Statement of Probable Construction Cost taking into account changes in materials, systems or details of construction that have occurred during the preparation of construction documents, known changes in the cost of materials, labor and services, and adjustments for known or anticipated changes in the bidding market relative to the Project. 2. Architectural drawings, plans and details 3. Civil drawings, plans, and details 4. Landscape and irrigation drawings, plans, and details 5. Structural drawings, plans, and details 6. Mechanical HVAC drawings, plans, and details 7. Mechanical plumbing drawings, plans, and details 8. Electrical drawings, plans, and details 9. Project Manual including specifications and Conditions of the Contract for Construction iv. During the development of the Construction Documents, the Consultant shall assist the Owner in the development and preparation of: 1. Bidding and procurement information that describes the time, place, and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor. 2. Further development and review of Conditions of the Contract for Construction. 7 V. Architectural design and documentation services consisting of continued development and expansion of Design Development Phase comprised of preparation of drawings setting forth in detail the architectural construction requirements for the Project. vi. Materials research and specifications including assistance to Owner in developing architectural specifications and coordination of specifications from other disciplines, and compilation of the Project Manual. vii. Landscape design documentation services consisting of continued development and expansion of Design Development Phase comprised of preparation of drawings and specifications, setting forth in detail the landscaping requirements for the Project. viii. Civil design documentation services consisting of continued development and expansion of Design Development Phased comprised of final civil engineering calculations, drawings and specifications, setting forth in detail the civil construction requirements, including utility coordination, for the Project. ix. Electrical design documentation services consisting of continued development and expansion of Design Development Phase comprised of final electrical engineering calculations, drawings and specifications, setting forth in detail the electrical construction requirements for the Project. X. Mechanical design and documentation services consisting of continued development and expansion of Design Development Phase comprised of final HVAC and plumbing engineering calculations, drawings, and specifications, setting forth in detail the mechanical construction requirements for the Project. xi. Structural design and documentation services consisting of continued development and expansion of Design Development Phase comprised of final structural engineering calculations, drawings and specifications, setting forth in detail the structural construction requirements of the Project. xii. Discipline coordination and document plan checking. xiii. Agency consulting and review, including submitting the building department for plan check and responding to plan check comments. Owner will pay agency fees. xiv. Update and monitor Project schedule. xv. Project administration. xvi. Preparation for and attendance at progress meetings with the Owner (6 maximum.) xvii. Consultant shall provide progress documents (maximum five copies) for Owner review and comment at the following points: 1. Upon 70% completion of Construction Documents 2. Upon 100% completion of Construction Documents (Initial submittal to Building Department for plan check) xviii. Upon final completion of Construction Documents, the Consultant shall provide one set of reproducible drawings on wet -signed mylars and one set of complete specifications for Owner reproduction. The Consultant shall also submit electronic files of all plans in AutoCAD2000 format and electronic files of all specifications in MSWORD format. d. Construction Procurement Services i. The Consultant shall be available to assist the Owner in obtaining competitive bids. ii. The Consultant shall be available to assist the Owner in bid evaluation and determination of the successful bid. iii. The Owner shall arrange for procuring the reproduction of Bidding Documents and distribution to prospective bidders. (The Owner shall pay directly for the cost of reproduction.) iv. The Consultant shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. V. The Consultant shall participate in a pre -bid conference for prospective bidders. vi. The Owner shall organize and conduct the opening of the bids, and document and distribute the bidding results. vii. Discipline coordination and document plan checking. viii. Update and monitor Project schedule. ix. Project administration. 6. Contract Administration Services a. The Consultant's responsibility to provide Contract Administration Services commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Consultant shall be entitled to a Change in Services when Contract Administration Services extend to 60 days after the contracted date of Substantial Completion of the Work. b. The Consultant shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. c. The Consultant shall attend one project pre -construction meeting to be conducted by the Owner or the Owner's construction manager. d. The Consultant shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Consultant and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. E e. If deemed appropriate by the Consultant, the Consultant shall on the Owner's behalf prepare, reproduce, and distribute supplemental Drawings and Specifications in response to request for information by the Contractor. f. The Consultant shall render initial decisions on claims, disputes, or other matters in question between the Owner and the Contractor has provided in the Contract Documents. However, the Consultant's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. g. The Consultant, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations and consistent with the hourly effort and fees agreed upon with the Owner. i. To become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, ii. To endeavor to guard the Owner against defects and deficiencies in the Work, iii. To determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. h. However, the Consultant shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Consultant shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. i. The Consultant shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Consultant shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Consultant shall be responsible for the Consultant's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts and omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. j. The Consultant shall at all times have access to the Work wherever it is in preparation or progress. k. Communication by and with the Consultant's subconsultants shall be through the Consultant. 1. The Consultant may recommend to the Owner the rejection of Work that does not conform to the Contract Documents. Whenever the Consultant considers it necessary or advisable, the Consultant will recommend to the Owner the requirement of inspection or testing of the Work in accordance with the provisions of the Contact Documents, whether or not such Work is fabricated, installed or completed. However, neither the duties of the Consultant nor a decision made in good faith either to recommend or not recommend such actions to the Owner shall give rise to a duty or responsibility of the Consultant 10 to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. m. The Consultant shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions or quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, or any construction means, methods, techniques, sequences or procedures. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component. n. The Consultant shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. o. If professional design services or certifications by the design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Consultant shall specify appropriate performance and design criteria that such services must satisfy. Shop drawings and other submittals related to the Work designed and certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Consultant. The Consultant shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications or approvals performed by such design professionals. p. The Consultant shall assist the Owner's representative in the preparation of Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. If necessary, the Consultant shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted, or modified. q. The Consultant shall receive properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Consultant to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Consultant determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Consultant may recommend to the Owner a change in the Work occur that the requested change be denied. 11 r. If the Consultant determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Consultant shall make a recommendation to the Owner, who may authorize further investigation of such change, including any additional costs attributed to the Change in Service of the Consultant. With the Owner's approval, the Consultant shall assist in incorporating those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. s. The Consultant shall make field observations to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor and issue a statement based upon a final project walk-through indicating that the Work complies with the requirements of the Contract Documents. t. The Consultant's project walk-through shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contactor of Work to be completed and correct. u. Discipline coordination and document plan checking. v. Agency consulting and review. w. Project administration. 7. Project Close -Out a. Review of Maintenance and Operation manuals provided by Contractor. b. Preparation of record drawing documents, based upon information provided by Contractor. c. Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Consultant shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. 8. Additional Services Design and Contract Administration Services that may be provided by the Consultant as a Change in Services include, but may not be limited to: a. Fine arts and crafts services. b. Inventory of existing furniture, fixtures, and equipment. c. Selection and specification of furniture, fixtures, and equipment to be provided by Owner. d. Project promotion and public relations services including preparation of special brochures, promotional materials, and presentations at public meetings. 12 e. Production of study models, prospective drawings, electronic modeling, or combinations of these media. f. Review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Consultant. Also multiple reviews (beyond two) of each required contract submittal. g. Responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation. h. Evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work. i. Evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom. j. Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. k. LEED certification and associated building commissioning. End of Scope of Services 13 ITEM 11 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: (� William G. Hughes, Director of Public Works/City Engineer DATE: (/ July 13, 2004 SUBJECT: Assessment District 03-04 (John Warner Road) Street and Storm Drain Improvement Project — Project No. PW02-07 Contract Change Order — Compensation for Delays PREPARED BY: Greg Butler, Principal Engineer RECOMMENDATION: That the City Council: Appropriate $135,000 in General Fund Reserves to fund a contract change order (CCO) compensating McLaughlin Engineering and Mining, Inc. for a negotiated settlement to excessive delays to the contract. 2. Authorize the City Manager to approve the contract change order with McLaughlin Engineering and Mining, Inc. as compensation for delays experienced during the course of the John Warner Road project. BACKGROUND: On August 12, 2003 the City Council awarded a construction contract to McLaughlin Engineering and Mining, Inc. (MEM) in the amount of $1,059,569.50 and authorized the City Manager to approve change orders not to exceed a 10% contingency or $105,956.95. Despite numerous attempts to coordinate utility relocations, including face to face meetings prior to bidding the project, there was no action from the utility companies until the City's construction contractor McLaughlin Engineering and Mining, Inc. (MEM) was onsite preparing to excavate. This lack of action on the part of the utilities caused MEM to be delayed. MEM diligently tried to work through the utility conflicts and coordinate relocations as required by the project specifications, however the lengthy relocation process caused them to either shutdown for extended periods of time or to complete work in a very inefficient manner. In addition to the utility related delays, a redesign of two segments of roadway to avoid utilities and resolve driveway conflicts also caused MEM to suspend operations for a period of time. MEM has documented each and every delay to their operations and submitted a notice to the City that they intend to seek compensation for the delays. MEM's claim is approximately $300,000.00. On June 8, 2004 the City Council authorized the Director of Public Works/City Engineerto negotiate a settlement to the construction delay claim with MEM. MEM has agreed to settle this issue for $135,000. The City Attorney's office has approved the wording of the settlement CCO. FISCAL IMPACT: The John Warner Street and Storm Drain Improvement Project is funded with Assessment District No 03-04 (John Warner Road) bond proceeds and Capital Project Reserves. The Assessment District proceeds are completely committed, therefore this settlement CCO will be funded with a new appropriation from General Fund reserves. 1 R:\AGENDA REPORTS\2004\071304\PW0207John W amer Delay CCO.DOC ATTACHMENT: 1. Location Map 2. Project Description 3. Contract Change Order 2 R:WGENDA REPORTS\2004\071304\PW0207John Wamer Delay CCO.DGC E� a z� G O a pi 11 A O H" O O O .d. y W CD - Q V3. wj cis N O 0 N O O O �S oS en00 o� � O 69 69 69 no ca w 00 oa o � O ,w b CITY OF TEMECULA CONTRACT CHANGE ORDER NO.06 CONTRACT NO. PW02-07 Pagel of 2 PROJECT: John Warner Road Improvement Project TO CONTRACTOR: McLaughlin Engineering & Mining, Inc. NOTE: This change order is not effective until approved by the City Manager. CHANGE ORDER REQUESTED BY: City Engineer and McLaughlin Compensate the contractor for added costs incurred during the construction of the John Warner Road Street and Storm Drain Improvement Project. The added costs are associated with various utility relocation and/or roadway redesign claims and demands further described herein as the "March 22, 2004 Claim". The contractor could not have anticipated the extent of the delays priorto the submission of bids. AMOUNT OF PAYMENT: Additional Compensation to Base Contract Amount: $135,000.00 This change order represents a complete settlement, compromise, release and discharge of all outstanding claims or potential claims (whether known or unknown) relating to and/or arising out of the claims and demands initially described in McLaughlin's March 22, 2004 "Utility Delay Claim Narrative and Backup Documentation" submittal, together with all subsequently submitted documentation (the "March 22, 2004 Claim"), and the agreed -upon payment shall constitute full and complete compensation for the March 22, 2004 Claim, including but not limited to all mark-ups for the work described, delay damages, extended overhead, jobsite supervision, and the like, and no additional compensation will be allowed therefor. CCO 6—TOTAL INCREASE ..................................................$ 135,000.00 Original Contract Amount .............. This Change ................................. Previously Approved Changes..... Total Adjusted Contract Amount... Adjustment to Working Days Prepared & Submitted by: Date City of Temecula — Greg Butler, P.E. Principal Engineer Approved: (as authorized by City Manager) Date: City of Temecula — William G. Hughes, P.E. Director of Public Works/City Engineer $ 1,059,569.50 $ 135,000.00 $ 117,162.96 $ 1,311,732.46 00 days R.\CIPIPR0JECTS\PW02\PW02-07 John Wanner\CC0120040623 CCONTK.DOC CITY OF TEMECULA Accepted: Date: By: Name: Signature Printed CONTRACT CHANGE ORDER NO. 06 CONTRACT NO. PW02-07 Page 2 of 2 Contractor: McLaughlin Engineering & Mining, Inc. Company name Title: If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. R1CIRPROJECTS,PW 02W W 02-07 John WameACCO@0040623 CCO% TKDOC ITEM 12 APPROVAL CITYATTORNEY DIRECTOROF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: Engineering Plan Check, Map and Legal Description Review Fiscal Year 2004-2005 - KRW & Associates PREPARED BY: ills Ronald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council approve the agreement for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2004-2005 with KRW & Associates for an amount not to exceed $50,000.00, and authorize the Mayor to execute this agreement. BACKGROUND: The Land Development Division has been using consultant services to provide additional engineering plan check, and map and legal description review on an as needed basis and generally concentrates consultant activities to final map checking and legal descriptions where we are limited in staff expertise. By having KRW & Associates do the projects first plan check and having staff review that plan check as well as perform subsequent plan checks, we provide a quicker turn around to the plans and provides a learning opportunity for our staff. Due to the increase in demand for plan check, map and legal description review for new development in the area it is necessary to have an agreement in place that anticipates the expected services. The requested Agreement is for services to be provided at an hourly rate of $70.00 per hour on a project by project basis for an amount not to exceed $50,000.00 KRW & Associates is to provide the needed services for additional engineering plan check, map and legal description review on a project by project basis throughout the year. FISCAL IMPACT: Adequate funds are available in the Land Development Operating Budget for Fiscal Year 2004-2005. ATTACHMENT: Agreement FY04-05 RAAgenda Reports\2004\071304\Winchak Agreement 04-05 AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW FOR THE FISCAL YEAR 2004-2005 THIS AGREEMENT is made and effective as of July 13, 2004, between the City of Temecula, a municipal corporation ("City") and KRW & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 13, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. DEFAULT OF CONSULTANT. a. The Consultant's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for anywork performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, togetherwith supporting documents, shall be maintained fora period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computerfiles containing data generated for the work, surveys, notes, and otherdocuments prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) peroccurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. RAAareemtstLD AareementsMinchak 04-05 Aareement new C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Anyfailure to complywith reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant s hall f urnish t he C ity w ith o riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the Citys forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. RAAareemtslLD ggreements\Winchak 04-05 Agreement new 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Citys prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories o r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R:\Agreemts\LD Agreements\Winchak 04-05 Agreement new To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: KRW & Associates P.O. Box 867 Murrieta, California 92564 Attention: Kris Winchak (909) 245-0159 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Courts judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each partys own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. RAAareemts\LD Aareements\Winchak 04-05 Aareement new IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: M. Thorson, City Attorney CONSULTANT KRW & Associates P.O. Box 867 Murrieta, CA 92564 (909) 245-0159 Kris R. Winchak R:\AgreemtstLD Agreements\Winchak 04-05 Agreement new EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATE ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW FOR THE FISCAL YEAR 2004-2005 R:\Agreemts\LD Agreements\Winchak 04-05 Agreement new KRW & ASSOCIATES Land Surveying, Planning and Land Development P.O. Box 867 Murrieta, CA. 92564 Bus. (909) 245-0159, Fax (909) 245-0159 June 28, 2004 City of Temecula, Dept. of Public Works P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Ron Parks, Deputy Public Works Director, City of Temecula Dear Mr. Parks This letter is to inform you of my desire to continue to perform Map Checking Services to the City of Temecula for Fiscal Year 2004 — 2005 starting July 1. 1 understand the terms of this request are based on the attached Agreement. The compensation for Professional Services provided will be paid at a rate of Seventy Dollars ($70.00) per hour on a project by project basis, not to exceed the amount specified in the Agreement. I am very pleased to be of service to the Department of Public Works and look forward to the continuation of our work relationship. Very Truly Yours, Kris R. Winchak, L.S. 6240 KRW & Associates ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: /(Villiam G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: Winchester Road Widening at Jefferson Intersection, Project No. PW00-27 acquisition Agreement, APN 909-271-043. PREPARED BY: )0031rrner Attar, Principal Engineer RECOMMENDATION: That the City Council: Approve and authorize the Mayor to execute in substantially the form attached hereto, the AGREEMENT OF PURCHASE AND SALE BETWEEN THE CITY OF TEMECULA AND MIKE and LORA ELESE BOURIS, trustees, 70% interest, GWEN N. BOURIS, 20% interest and SCOTT C. and LYNETTE L. MONTGOMERY, 10% interest, for the acquisition of certain real property in the amount of $81,128.00 plus the associated escrow fees. 2. Adopt a resolution entitled: RESOLUTION NO. 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REALESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 3. Direct the City Clerk to record the document. BACKGROUND: On July22,2003, the City CouncilapprovedtheAppraisalReportand authorized the City Engineer and the City's Property Agent, to make offers and negotiate the acquisition of certain real properties required for the construction of the Winchester Road Widening, Project No. PW00-27. The attached Agreement of Purchase and Sale describes the details for the acquisition of the real property interests necessary to construct the improvements for the future Winchester Road Widening. This is the same amount authorized by the City Council at the February 10, 2004 meeting. Upon the approval of the Agreement of Purchase and Sale and the close of escrow, the City will own the easement on APN 909-270-043. t RAAgenda Reports\2004\062204\purchase of Winchester Jeff Plaza Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. FISCAL IMPACT: The Winchester Road Widening Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2004. Adequate funds are available in Account No. 210-165-608- 5700 for the total acquisition cost of $81,128.00 plus the associated escrow fees. ATTACHMENTS: 1. Resolution No. 2004- 2. Project Location 3. Project Description 4. Purchase and Sale Agreement 2 R:Wgenda Reports\2004\062204\purchase of Winchester Jeff Plaza RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 13th day of July, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor 3 RAAgenda Reports\2004\062204\purchase of Winchester Jeff Plaza STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 13th day of July 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: /_L_ JQ41IIIUI�t�l:3�:�� Susan W. Jones, CMC, City Clerk 4 R:Wgenda Reports\2004\062204\purchase of Winchester Jeff Plaza Y T K a coo w C) g 0 o 0 25 n O N N l-- O V a O U U vni v� va cy 4s 6% j 0 0 0 N O b O O N b O 7 a N O N N 49 69 4s O N N p�U O O O pO O LL On f7 00 r " (� N Vi 6S f9 6% 49 a a_ O O O 0 o O q hO � N O •t7 uW r N CD O W 10 69 69 69 V3 4'i V3 A V N U U � o � app W i11 � •� � 4 � � y F QQUAH Wv°� b O PROJECT: Winchester Road widening APN: 909-270-043 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") and Mike Bouris and Lora Elese Bouris as Trustees; under the undivided 70% interest; Gwen N. Bouris, a single woman, as to an undivided 20% interest; and Scott C. Montgomery and Lynette L. Montgomery, husband and wife, as to an undivided 10% interest, (Seller'). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 909-270-043, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Larger Parcel"). B. Buyer desires to purchase a permanent street easement and a temporary construction easement in the Larger Parcel, identified as APN 909-270-043, shown on Exhibit "A" attached hereto and made a part hereof (the "Property") and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with FIRST AMERICAN TITLE (the "escrow Holder"), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall Page 1 of 2 control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: 2.1 Purchase Price. The total purchase price for the Property shall be the sum of Eighty One Thousand One Hundred Twenty Eight Dollars ($81,128.00) for an all-inclusive settlement. The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow Escrow shall close on or before sixty (60) days or sooner, following the execution of this Agreement ( the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, any party who is not then in default may, in writing, demand the return of its money and/or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such demand is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Prooertv. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance (`Title Policy") purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any. In no case, however, shall Buyer credit or otherwise pay Seller fro that refund, if any, through or outside of Escrow. Page 2 of 2 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above: (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of his interests in the Property to Buyer; and (ii) such other documents and sums, is any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The close of Escrow is subject to the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow: and (b) Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; (b) To Seller's knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interest in the Property without the prior written consent of Buyer; Page 3 of 3 (d) Seller has and shall have paid, before Close of Escrow, his pro rats share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and (e) Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A. By execution of his Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable precondemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller herby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have Page 4 of 4 materially affected his settlement with the debtor' Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses in the future. Nevertheless, Seller herby acknowledges that this Agreement has been negotiated and agreed upon I light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate and action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Mike Bouris, Lora Elese Bouris, Gwen N. Bouris, Scott C. Montgomery & Lynette L. Montgomery Post Office Box 62 Sun City, CA 92584 Buyer: Peter Thorson City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 5 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other parry reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. all additional documents and instruments Agreement. All parties hereto agree to execute any and necessary to carry out the terms of this I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Michael S. Nagger represents to Seller that he is the Mayor of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 7. RIGHT OF POSSESSION. Page 6 of 8 "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Mayor of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: 6 -22- RECOMMENDED FOR APPROVAL: RAP 'S Page 7 of 7 DATED: (to be dated by the Mayor) BUYER CITY OF TEMECULA m Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Page 8 of 8 EXHIBIT "A-1" LEGAL DESCRIPTION FOR PERMANENT EASEMENT (WINCHESTER ROAD) BEING A PORTION OF PARCEL 2, OF PARCEL MAP NO.22775, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57, RECORDED FEBRUARY 24, 1989 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS THE FOLLOWING: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHWESTERLY LINE THEREOF 1. 2. El NORTH 48008'33" EAST 157.97 FEET TO AN ANGLE POINT IN THE NORTHWESTERLY LINE OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 84046'06" EAST 33.69 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG THE NORTHEASTERLY LINE THEREOF SOUTH 37040'46" EAST 16.38 FEET THENCE DEPARTING SAID NORTHEASTERLY LINE NORTH 84046'06" WEST 39.62 FEET THENCE 5. SOUTH 48008'33" WEST 153.70 FEET TO A POINT ON THE SOUTH- WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE 6. NORTH 37020'37" WEST 12.04 FEET TO THE POINT OF BEGINNING. CONTAINS 2309 SQUARE FEET OR 0.053 ACRE, MORE OR LESS. Notice of Hearing on Resolution (Bouris)1 I VICINITY MAP NO SCALE z < LIVE SEARNC LLNCIH LI I S84I6'061 M69' N84'46'06'W 39.62' EXHIBIT "B"-1- LEGEND r NIOICAiES RIGHT—OF—WAY AAQMTION L AREA = 0.053 AC OR 2309 S.F. POB PANT OF LivOJIdNC AAN 8' E EASEMENT IV FAVOR OF SWUM QUFORMA K10EDISON COMPANY FOR ENVDFR4R0" a0MCAL SUPPLY SYSTEMS AND COMMUMCAIM SYSIEMS PER MT. NO. 227092 WC 8/11 t QA 25' WW EAS19W FOR MANIIUMCE OF 2 LANDSGV'1NC PER IYST. Na 288710 RM 12A3AI OF FOR CONSMIM AND AWN191ANX DRI"AM � IAND APPERIUMNCES PER NISI. NO 162907 WC 06/05/$S PP4WTDBVW>LcCaGMTAMS 43400 9Np Pm* Ortw Su(b A9 rww ewq CL /26N NO-W-66Y6 PAr 6i6.6"7 to SCOTT A. HNRST L.S. 7170 DAIS REUSMIM VFM 12/31/bU ,..��ricvc� �csiV,ub �YLHIJ\t;11IlYUc'-1.dWg APN 909-270-043 May 20, 2003 - 7142aro 9o9-a7o-o-3 EXHIBIT "A-2" LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF PARCEL 2, OF PARCEL MAP NO.22775, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 155, PAGES 56 THROUGH 57, RECORDED FEBRUARY 24, 1989 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS THE FOLLOWING: COMMENCING AT THE MOST WESTERLY CORNER OF PARCEL 2; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF; 1. SOUTH 37020'37" EAST 12.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHWESTERLY LINE 2. NORTH 48008'33" EAST 153.70 FEET THENCE 3. SOUTH 84046'06" EAST 13.65 FEET THENCE 4. SOUTH 48008'33" WEST 163.78 FEET TO A POINT ON SAID SOUTH WESTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHWESTERLY LINE 5. NORTH 37020'37" WEST 10.03 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1587 SQUARE FEET OR 0.036 ACRE, MORE OR LESS. Notice of Hearing on Resolution (Bouris)l 9 VICINITY MAP NO SCALE Pad LOW SEARNO LENGTH L1 ST72o'37T 1204' L2 S64' .061E 1165' LJ Nd720' W 1aaT T.1 EXHIBIT ffBff - 2 NOICATES TEMPORARY CONSiWIM EASEMENT AREA a0J6 Aa OR 1587 S.F. POD PONT OF COMMENCEMENT 1PM TRUE POINT OF 6EG8dM p1 AN 8' NW EASEMENT N FAVOR OF SOUi UN CAUFORM'A EDISON COWANY FOR LWDERGRO1AYD ELECTRICAL SUPPLY SWIM AND COMMUMCAPON STSW PER WT. Na 227092 REC 8/11/8& © A 25' WE EARNOT FOR MANIENANCF OF UNU VING PER INST. Na 28MO REC 12/23/'a 0 A 40' N10E EAS MEW FOR OWSIRUCDON AND MANIENANCE OF DR V MAYS AND RELATED APPURTENANCES PER HST. Ma Q 162907 REC 06/W?U P Y EASEMENT \ \ v > t pp?DfivmBwf cdamum 434t0 MW Art &*M $,Aft r/0 f mwdq V, 1d 0 bY•tAi' •sm /AZ 695. sw �pamVO \r LM 1 J \CJ1Vf'UC—C•Q'M9 Moy 14. 2003 - 6157an�C3 A Q � SCOTT A NURST LS 7178 DALE APN 009-270-043 ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: Substitute Agreements and Bonds for Public Improvements in Tract No. 29133 (Located East of Ynez Road and North of Santiago Road) PREPARED BY: Ronald J. Parks, Deputy Director of Public Works JUteve Charette, Associate Engineer RECOMMENDATION: That the City Council: ACCEPT substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map 29133. 2. AUTHORIZE the release of the existing Faithful Performance and Labor & Materials Bonds for Tract Map 29133. 3. DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On April 8, 2003, the City Council approved Tract Map No. 29133, and entered into Subdivision Improvement Agreements with J. Michael Lanni. The original subdivider (Lanni) has subsequently sold the project to Gallery Traditions Partners, LLC. On April 13, 2004 the City Council accepted substitute bonds and agreements from Gallery Traditions and released the original subdivider bonds. The substitute Faithful Performance Bond submitted by Gallery Traditions was in the amount of $240,909. The $240,909 amount had inadvertently included $79,000 for the Parkland/Landscape Bond normally processed by the Community Service Department (CSD). The original Public Works bond amount should have been in the amount of $161,500 ($240,909 minus $79,409). Also, following acceptance of the substitute bonds the engineer's cost estimate for the Public Works improvements was adjusted from $161,500 to $218,500 to reflect the addition of storm drain improvements proposed for Ynez Road. Therefore, to adjust for the subtraction of the Landscape Bond amount and the addition of the storm drain improvements, the Performance Bond for the project has been revised from $240,909 to $218,500 and hereby resubmitted to City Council for acceptance. (The Community Service District will be submitting the Landscape Bond to the CSD Board of Directors for acceptance by separate action). The following lists existing substitute securities and agreements secured by Gallery Traditions and posted by Developers Surety and Indemnity Company to be released: Faithful Performance Bond No. 834040S in the amount of $240,909 to cover street, drainage, sewer, and water improvements. 1 R WGENDA REPORTS\2004\071304\TM29133.6ond Substitution.DOC Labor and Materials Bond No. 834040S in the amount of $120,460 to secure labor and materials. Accompanying the substitute agreement submitted by the Gallery Traditions are the following revised substitute bonds posted by Developers Surety and Indemnity Company as follows: Faithful Performance Bond No. 834040S in the amount of $218,500 to cover street, drainage, sewer, and water improvements. Labor and Materials Bond No. 834040S in the amount of $109,250 to secure labor and materials. FISCAL IMPACT: None ATTACHMENTS: 1. Project Vicinity Map 2. Tract Map 29133 3. Substitute Subdivision Improvement Agreement (on file) 4. Substitute Subdivision Faithful Performance Bond (on file) 5. Substitute Subdivision Labor and Material Bond (on file) 2 R:�AGENDA REPORTS�2004\071304\TM29133.Bond Substitution.DOC d X.-oNaw �rcrcrc NW�Uj <pV�O WN m Vl�0 h< J N J Z�ZO U0o20 <m w� M��o o r,« <wU Op Zy pz o�w m o`o o E72� o a;jw� �W d a o �g n� � ppQppQppQy+++� E `Cyr h- F-5gE 014 T W 6�'3�nti' RN t�UM[fI< nj a RQ RE ill IL 19, 5Ch o h �Oa@@ Kai if P w 6z Uj � O u N a0 nN O O($ z WO m ow YO �J V lit W r �# ail e F� iE� �� ii 0 • • .�, cr zN8 ale S � .. IZ.y 1<!V ell a R,. H h VP 'yyw�ain �e"a�Ea Y\ 0 0 vj Olt u N n <a O U ZE 0 o� J 5 �INS 1111 ME sOI�CICIC�9B9I9999E6 I I ne rµl I u.aY (ter •yt�ucm'1 = / /n1EZ ROAD ---- —r---T / 00 Fp2 ze b I vNEZ RI ITEM 15 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: Tract Map No. 29798-9, -10 & F, Located South of Loma Linda Road, East of Pechanga Parkway, North of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR PREPARED BY: rM Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer CV RECOMMENDATION: That the City Council approve 1) Tract Map No. 29798-9, -10 & F in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 29798-9, -10 & F is located within Tract 29305-1 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map No. 29798-9, -10 & F is subject to all Specific Plan Amendments and Agreements. On January 23, 2001 the City Council approved Tentative Tract Map 29305, on December 16, 2003 the City Council approved Final Map 29305-1.On November 7, 2001 they approved Tentative Tract Map 29798 with a phasing map and their conditions of approval which is a further subdivision of Tract 29305-1. Tract Map No. 29798-9 is a forty-two (42) single family residential lot tract. The tract is located South of Loma Linda Road, North of Wolf Valley Road and East of Pechanga Parkway. The site is currently vacant. Tract Map No. 29798-10 is a seventy-one (71) single family residential lot tract. The tract is located South of Loma Linda Road, North of Wolf Valley Road and East of Pechanga Parkway. The site is currently vacant. Tract Map No. 29798-F is a seventy-six (76) single family residential lot tract. The tract is located South of Loma Linda Road, North of Wolf Valley Road and East of Pechanga Parkway. The site is currently vacant. rAagdrpt\04/tm29798,-9,-10 & F,.map The owners of the property: Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map No. 29798-9, -10 & F: Development Impact Fee due prior to issuance of building permit. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map No. 29798-9, -10 & F rAagdrpt\04/tm29798,-9,-10 & F,.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29798-9 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit rAagdrpt\04/tm29798,-9,-10 & F,.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 29798-9 DATE: July 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 160,500 $ 80,500 Water $ 46,500 $ 23,500 Sewer $ 69,500 $ 35,000 TOTAL $ 276,500 $ 139,500 Monument $ 11,000 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ N/A $ 0.00 $ 148.00 $ 8.00 $ 2,690.00 $__ 550.00 $ 1,846.00 $ 1,550.00 4 rlagdrpt\04/tm29798,-9,-10 & F,.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29798-10 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit r9agdrpt\04/tm29798,-9,-10 & F,.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO- 24798-10 DATE: July 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 429,500 $ 215,000 Water $ 93,000 $ 46,500 Sewer $ 166,500 $ 83,500 TOTAL $ 689,000 $ 345,000 Monument $ 16,000 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 172.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 2,870.00 Monument Inspection Fee $ 750.00 Fees Paid to Date $ 2,287.00 Balance of Fees Due $ 1,513.00 6 rAagdrpt\04/tm29798,-9,-10 & F,.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29798-F The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit rAagdrpt\041tm29798,-9,-10 & F,.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT rrTTT"aMEW ,ralw IF&T.a: DATE: July 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 355,500 $ 178,000 Water $ 100,500 $ 50,500 Sewer $ 176,000 $ 88,000 TOTAL $ 632,000 $ 316,500 Monument $ 16,000 - DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ N/A $ 0.00 $ 177.00 $ 8.00 $ 2,270.00 $ 800.00 $ 2,455.00 $ 800.00 e r:\agdrpt\04/tm29798,-9,-10 & F,.map v„ 0 a� !J a06 Ron a .� F <k € „£ < ak ape �<=s Wz N W.'< K a° M D w I �Q a .< Rix DKe w 5 �eja< q z „ �S�niTF 95 YC U O °� 0 a o S! a �s rn o ' J QQ E g N 0- „a�An- � n- 291 zg-2 z xipj z z N a € €� a as 5 s wvlg Rgi- Z a g�i w F�a FQg;<g ° 3 t, z °N ��3C¢ ilgil O �wi � F 0 a < < W9 $ a 3� wgg„g y ag a ae�€ gay N = P 3 � y of 0�� z y� iFaw N $ 213 yHy6 AM15 4a izcmW <z nm wbais4tt 2 zb'-^uz ` wrc +�-80 gym" egS"B 1Wsi'I�+ e R¢ gws?L�" Zw"a wu m�is.x wS 13 m�i II y¢ z -ki Wig e5 a�w p 9 eeg --- aat''0 s—n'�-li ovoa A3nvn nom -------------- - __---- - - - ----- — - o di F- ii g mym @ //��I�� �c w - o r ?)+`ate ° 5 I =sLd o ti vA,a NLi zd Ng aIr Z•-6� 01 0 %�/ o I rnarcl Qj Q Fa_ Z Z 88 •.fi' € `" ti' �'—__ // / N I s o �mn U _ IIZ o I � o�LL9l<�j �a s2�A�g�� < n�co •off�I zj?� � !��r- 1.6 rcfLi--m = _ _p,I -I �— �o` S �q- q�''mA COR I7 z III >o8a ¢uu — o91 Il gg t '+'N— N S'II U'b hub Z04- IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 5 SHEETS TRACT No. 29798-9 BONG A WBONSON ' ALL W LOT B AM A PORTION W LOT 9 OF TRACT NO. 29J05-1 AS SHOWN BY MM ON nLE IN BOON 3Y1, PAGES 65-76. INCUN OF MAP$ RECORDS W RIVERSIDE COUNTY, 4LFORNIA LOHR + ASSOCIATES INC DULY 2003 ENGINEERS NOTES BOUNDARY SURVEY MAP • 'INDICATES FOUND MONUMENT AS NOTED. ❑ INDCATES 1' I.P. WN TAG RC.E 20504 RLSN TO BE SET PER TR. NO. 293D5-1, Y.B. 3D/65-76 A INDICATES 1' I.P. WTI TAG R.GE. 20508, FLUSH TO BE SET PER TR. NO. 29798-4, M.B. 355/W-90. (R) INDICATES RADIAL BEARING. O INpCA RT 1' LP.. FLUSH W/TAG R.2GSW, UNIF$$ OTIUDN NOTED. M INNUTES RECORp AND MEASURED DATA PER M. NO. 293), I. Y.B. 350/6}]8. R2 INMATES RECORD AND MEASURED DATA PER TR N0. 29798-1, Md 355/88-BO. SET I'ppryry�)) ((NN p' t00' 200' 300' 400' NlF55AT WT CORNERS OR ERSgAND ANG1 PE! MwLt NES• SOME: 1OTED.' a 100' SE NNL µD R.C£ TAG W TOP Gi MU 0 TIE PROLCNGAVON OF ME SIDE LOT UNES AND EC.S µ0 B.C.S PR0.EClED xz4. PFAPFNOILIAAR ON R; TON PRDP - IIHE 4' (PoVERSDE COUNTY SN. TYPE 'E') xz6 �� 62J1 , QAQ WW NMTHE 4MuuwT TALON UENNT FORK NIISS MOUO. ji ESS OTHERMSE NOTED. 'T]p6. to wAY TR 23063-3 ALL MONUMENTS SET PER MWRSDE COUNTY aN ORDNANCE 881A. �4' A,6g ZiY�. 220/40-66 AP NIS YCONTAINS BOB AORES GROSS ]3• THIS MM WNTNNS 6.11 AORES NET NOTE: THAT PORTON S40M AS 'NOT A Pµr 'NOT A PANY 11 12 IS CONTW WS ONNUMCP AT TYE OF 10 / RECOMNG OF TNIS MAP. L 7 TR 20306-1 r 9 13 MH. 360/85-78 35 oti 6 E 4 14 36 \ .� 16 34 E 5 37 7 .8 10 ` � 18 33 ,y W A :T 6 ? � 17 32 'aRQ o 6 wq 16 4 31 35 N6515.22-W 2261' pPC7J T9 i4 N]49449-E 49.57' 3 .20 29 .V 39 N39M5'01'E 23.16' 2 28 "4 A0 N3719'MI 26.99' RI 21 N42WOVE M.63' Rt 447R4STW 1 27 J� 41 . N4J']2'19'E 2L30' Rt 10D.- RI, R2 22 26 } 23 VO 42 N1611'4B'E 78.48 R1 FOR OF 42 pM1 y�' �25 /�Q N43W22-E 24.6W R1 LOT D N3751'43'E 25.76R1 µ TR 203D6A N37'M'26'E 26.42 RI / 24 N34'29'I5-E 24.27' RI \20e06Ja u M1 M1y' 10 X 21 q 46 3tie xn \ P 47 TR 22 3615/64 I`/iB. 3$6/6&'DD �,'�P���� 437'46'Q'E 51.19' NI ps \ 40 p v \ I� 45735'59-W 29,73' RI 30 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 5 SHEETS TRACT No. 29798-9 WHO A SUBDIASON a ALL OF LOT B AND A PORnON OF LOT 9 TACT NO. 39305-1 AS SHOW BY NAP CH nu: IN BOOK 350, PAGES 66 7% 91=9V OF MARS, RECORDS OF RIYERSDE C NTY, CAUFONNIA LONR + ASSOCIATES INC DULY 2003 TR PW 3 3 SEE SHEET 2 FOR BASCJNS OF BEARINGS, .v 1\/j. 770/ MAP LAYOUT SHEET, AND NITY NAP. .&^ '� �f ✓�^ SEE SHEET 3 FOR ENGINEERS NOTES,40 hM1 J i! 3>S ^ R "NOT A PART" N aJ)J. J r 7 As 3ttw 4 A H)' t>w TR 2030 —1 i\As' 360/03 1 h 12 LINE TABLE n ` 1 0 a, N3 ��a�>• xuNBER DIRECTON DISTANCE �J h ry' (r a •TJy. L1 Naz'3s•o]- 29.a6 S Hs3B\r. at`tJ' p�.°M1b` '�Jo•/r1, l2 1' 0• 20.35 h °/rFfR �A •� Po• ,J ti J. Eg�Nas'363••wE 3600 h^8' NSJ'%9iry 9 MOB 30.00 R2 <q. �'f•.TJ>Yg°:, )• .h0�}y0�h•. R\ \ •b' •td0'y. >y>� O ,(q ./,>,PoOa)LPor ,J' N• ,u3B,r k1, 3 ' 3• 59.96' l• M1 \\ ry4 gy ,HQi . .f tia N( 95'0 45.40' p H•5 8 ry' JPOS°i LLRK TABLE y0M1y8 /rx ? P Jr•Tiy /0j .`' 34 NUMBER DELTA ANGLE RADIUS AFC UNDER t /A, CI 10 ' 6" 300.00 57.33 C2 a 0'1• 300.00 43.65 U 6'I a]O.00 28.z0 y ry \�� 4 \>�q/e0 e JJJ•t�f W !, �. CA a 500.00 3a.93 C5 a SOO.00 349Sy 16 ^ 33 C6 )• 300,00 u.fi9 4 /O/ / q M1 3Ji 2 n n376, 6't6' S...3D.00 6 J.I )' ya37p kHJr 8 1i Y 88b¢ .k/'a rPy t Po• w HJS3u)r17 + S r `\\s\s. (�� _ i \ pOy80 p W O M1M1. 1J.02' Jt. q4J \Y H3J3Bj 5 b° NJS SD,ek .M1�fih J3 WNI gArT p 20r's Jt{5 ILI 4 LL (n 30 K, o 3 =� ,S °j$. =5'.P c '> 29 2J ' .1A� JQ� NJ3so'' 2 O H \J 4(R O °`i. JO. K. 12A9' •(/\ g A�1. \ rf,. ..b 2 4 •P �. rJ°'J �M1^O,q"s \ N 21 r' i. <� tJ> (Rl •p� \\' 41 m� 1 0.�, (J \ oo->d t.�37a� cb. e b°oA ,,fir / •p j$L.\ x� 22 �s \ ti �•\ 3Ji w �J /I- J KHt 2 e' . e\ (4J $(n, o•W NJayO'3(•E o h5 V h 4 H �>a, 42 \ 11 q!i1 (r ' B)J. ?R ,p IJ.58' 'dj. ti / l 0 <b t�.�r\°. ri. T >). .O !� i, 2V yPb \K \\ / , �,,;s:��J.23 �•Y +' n` `ob. " SP t' k'�1 43 =� llJa' k i. �4 a9J g `? � r �. NP'36'26 E i, 25 rQ2 k 2B.42 Rt \\� \yak, 24 NJ sn°J.dv Jib. 44 / \\\ . �'9e•T 9 B J. tJJ. (.t•T y, k JO' W h� G. •{pT �\ 20 \\\ J>,y\!yt S�Jj Qf>a S,H•R M1Ogm\ M1S f 45 °Jx nM1b \ D M2TI 62 D�Iy>bs \ L_UI].62' TTI 2,0708-4 r � /] r \ 7� i^rye eoJ�' �; •P. � �� CAB, 3��/ � EJ0 47 \\\\ J�o\l/ oD N4ie ��:f h9z (lf f� 4 �b9J / IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 29798-9 BEING A SUBMNSON Of ALL OF LOT B AND A PORTON OF LOT 9 OF T T NO. 293O5-I AS SHOWN BY MAP ON F6E W BOON 350. PAGES 65-78, WCLUSI , OF MAPS RECORDS Of RAK SDE CGUNV. CAl1FOWA. LOHR + ASSOCIATES INC. DULY 20D3 SUE S EET 2 rm BASS Cf BEARINGS, MAP LAT T SHUT, AND NONM MAP. SEE SHEET 3 FOR U.ONEERS NOTES. UK TABU NUMBER DIREcnm E L6 x l •w L9 L1O NS51 ' UI NI7'4' 4 i.61 L12 N17- 4' L13 17' 1' 4' L14 N651'W TR 23033-3 NIB, 220140-56 SHEET 5 OF 5 SHEETS Is 40 0 40 SO VO' lul O J TR 2030-5-1 JUS, 350/65-13 tIV V IKUNIVItN I AL UUN5 1 KAIN 15tltt I IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 1 SHEETS TRACT No. 29798-9 SONG A WBOIMSW OF All OF LOT 6 AND A PMMON Of LOT 9 OF MAST NO. 22309-1 AS SHOWN BY MAP ON RIE IN BOO( 2150. PACES 6 78. WCWSVE. Of MAPS RECORDS OF RIVERSIDE =NTY. CAIFOMIA LOHR + ASSOCIATES INC. JULY 2003 ENVIRONMFNTAR CONRTRAINT NOTES BOUNDARY SURVEY MAP 1. THIS PROPERTY IS LOCATED WTHIN THIRTY (W) MB£S CP MOUNT PALDMM MB VATDRY. ALL MCPOSED WTDWQ IIGHTNG SYSTEMS SHALL COMPLY MTI THE CAJJFMNIA INSMT.JW OF MCHNO..O:Y, PALOAM OBSERVATORY REMOMMENOATIWS. ORWNANCE No. 655 2 THE COOP CREEN ENVIRONMENTAL IMPACT REPORT (EIR) WAS PREPARED POP THIS MMECT AND IS ON All AT THE CITY OF TOWEp1LA COW&IMTY DEVIID MT DEPMTMENT- THE ENVIRONMENTAL CONSTRAINT INFORMATION 9Offl ON Ti15 MAP SHM IS FOR INFORMATION PURPOSE DESCRIBING CONDITIONS AS OP TIE GATE OF F61NG. AND IS NOT IMENDEO TO AFFECT RECORD TM Wi EST. THIS INFORMATION IS )MVEED FRO/ MIR.IC RECORDS m REPORTS. AND DOES NOT IMPLY THE COflWCTNm OR wmaENCY OF THOSE RECORDS 0R REPMTs BY THE PREPARER OF THIS MAP SHM. H24. 4MO7ZN 6z,3j, F1 R1. 'NOT A PART' LOT 7 TR 2EB. 1 M360/86-78 a' 6 3 5 J�v 4 3 / 20 2 / 21 / 22 \4c. 23 42 . 20 10 r TR 20708-4 22 M8 365/BB-00 24 tl 1W' 2W' SON 4W' scAc 1- . 100, wAY TR. 2306" MB. 220/40-60 11 / 12 10 j 9 j 3 8 14 15 16 17 32 18 31 30 G, 28 29 ♦� 2] 34\ 35' 37 38 NOSIV22-W 22.51' N341M'49'E 49.57' 39 N393 01'E 23.16' N37Y9'3NE 26.99' R1 N42iT05'E 30.63' RI 41 N43'32'19'E 21A6' R1 N 46T1'bi 99.48'Pl N4l'IS'2R'E 24.68' RI POR. OF N3731'4TE 25.76' RI LOT D N3T36'26'E 25.42' 01 7R 2D3U64 'NN79'15'E 24.27' P1 MB' 360/86-78 %', N37i6'47'E 51.19' Rl 40 `\T� ` N5755'SPW 29.73' 111 3D Ilk BASIS OF BEARINGS THE BASS OF 8EAONOS FOR THIS MAP IS ME CENTU311NE II%F VAIIFY ROAD SHOWN AS N515923'E AS SHOMN ON A MAP RECORDED IN WOCK 21O PAGES 10 THPOIOI 56. WOLSIK Cf MAPS IECOROS OF1K CWHtt Of WMRSOE STATE O M1,0` NIA VICINITY MAP Nor O. BOOK T PAGE 287 TRACT No. 29798-9 WOLF CREEK SPECIFIC PLAN PARKWAY ROAD ROJECT SITE VICINITY MAP NOT TO SCALE TRACT No. 29798-10 WOLF CREEK SPECIFIC PLAN xx\G��Py �9 PARKWAY WOLF VALLEY ROAD PROJECT SITE A RAINBOW CANYON ROAD VICINITY MAP NOT TO SCALE W rwz €r U°'"ua r i n mr z - n€a:a~ io3 �6oFW�. y€3 P N w pW.B€ 'bo fir. ^fie>m�o k e o s5 caw f 8�k Wk >¢sm m :°ni4� ffig i '�'c3 oa € F' _w¢`ekmg 3ggu"e `Gk€< z o z ai ?g=a„ b�_o€s c Z o�SC RooXW bem N ° ¢`N, mk w �zw €o�mo - <3 o W i2 . z yg< VX Y =ya0000 w<< o ¢ tk ES o �� '<€�� z 0 w Comm 'k- k � r• a� > �3siri '3i'a�4 oa ���z:s FW'- I F� OF Z OF3 �iQ } €mot u< Gam¢ N M �ugT�T mw op�`.� g6gENz kff�z �Ryk¢3 N� 's Fz Rw ==a; a ka<w"gym o ¢ = 4 =WEB w no b z Z Eo z s d z O ^OR Z w h U Ww sy z< Noxyyo Sw Y z+ 'Itt F m 2�p _ mt xE<Nam mz C z mu o aii.w £ aSl Z < T uz on m 6z <€`u „ m I=�w n`8m H Z Wl-w o�� 3 -H wff '��-dN� �¢ es 53n OmC4tx F x vi 50<Z€2€Ou gu O` m i Iz F UW r'Fi�wu nkz wj ap g �w y 3 ¢s�b<" <¢ iz .gw" €W£ g g3¢ 39" �o �W �msiiU oYzo�WOW� •ma �� a3 m .gig i'��p's o Y3n"„a Ys° in3¢€�„<mg€€ Yg< ga m m ¢mo mk mk w a n b`�b Ouc vpiz a w V r omw Z. p of = oa = w¢og8 wbzby zz ��e pm�pS�b psi<:`� ow ae�5 u\ 'o �8 mz. I az ±fie � o I C¢ zza oo� dog sc8 I - wNN Q _ N Q v�' � f WtlYMm YN -r o s � It• _ _ -� ---1 f_-----�1 8 U �� n R7 a 3'3 I I, ; wo O N W r:1 !� o `Z)>..�r>n •! li III I I '�OF <com8 3 (n r � `o w � Li ' N " I I 1331115 _ FK a o _ y e�S r_ — — N I I I Ce b - I--z_-giro- _ - --F-� r-__- I E FbMR oI z C Irate zi:i wa„ 3 b .•rw S `: :yam IJ II-¢. -__� _--_ � sr !� �'>3: �b �y€ � n 'u I�Im m �gi II�L_-_r•- `__- - m`W' Ovi b°i.,B$58 ?m d aii:o •!R• IIa L__'--N___rn.' Ipl I IM i 1164;-w _----i-- w _ ORDOBP" ' 11 r z8 ,q 5y' ,y\\ \_, U lyfm�n'° •o �I�I ,'^n Z` I I i g`¢ u � r`"N�; r3 �\� \ � i'lT; o •I \, W 161 m - I I s�o �:': �m �d )�o�or tr il•c 6 I'I i �l iG �n ¢o YR Ob b\ 9;-'- �,\ Jri �v :I'; rm Ily I oy/= 4' • O,yn y \ t d!� �- s+-- -emus _J g � I I,I �f SHEET 3 OF 7 SHEETS IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 29798-10 BEING A SI9DMSW OR LOT 7 OF TRACT NO. 29306-1 AS SHOWN By YAP ON E IN Bop( 350, PAGES 65-78. WCLUST& OF MAPS. RECORDS OR Po 0ERSOE COUNTY. Gl1MNIA LONR + ASSOCIATES INC. JULY 2003 ENGINEERS NOTES - • INDICATES OWING MONUMENT AS NOTED. BOUNDARY SURVEY MAP O INDICATES 1' I P. TO BE SET M1 TAG R.C.E. 20506. RLSM PER TR. NO, 29305-1. M.B. 350/65-78. INDICATES 1'I.P. TO BE SET W.TH TAG RCS E- DOSEFUS4 PER W. N0. 29798-4. WE. 355/86-00. (R) INDICATES RADIAL BEARING. O INDICATES SET P I.P., R SM, W/TAG MC.E. 20504 UNI SS GMERM3 NOTED. RI NDICATES RECORD AND MEASURED DATA PER W. ND. 29305-1, N M.B. 350/65-78. N A2 INDICATES RECORD AND MEASURED DATA PER W. NO. 28796-4, Y.B. 355/66-90. R] INDICATES RECORD AND MEASURED DATA PER W. MO. 297916, M.B. 355/91-95. tl 1W' 200300' . 0' M. INDICATES RECORD AND MEASURE➢ DATA PER W. MO. 29798-9. M.B. J= _ SET 1' P.. FLUSH, TAGGED RCE 20508 (RIV. WONOfMU N. TYPE "A" OTT TEMECULA A NICIPAL CORP. W , $CA1C 1" 100' YOM.T AT LOT CORNERS AND ANGIE POINTS IN LOT ONES, BY INSTRUMENT NEC. 7/2/2C0] AS �/ UNlES9 OTHERWISE NOTED. INSL N0. 2W1-492776 OIDCAL RECORDS I SET MAIL AND R.U. TAG IN TOP ' CURB ON THE PROWGATION O' RIVERSIDE COUNTY CALIFORNIA W CF T1E SIDE LOT ONES AND EC.'S AND B.C'S PROJECTED PERTH D!wI-AR OR RADIAL ROW PROPERTY UNE (RI SIDE COUNTY SID-TYPE'E") N8851'55'w S�.p 3 I L`227 �I S ALL MONUMENTS SHOW SHALL BE SET IN 65..5' RI b0ti eOw, P R 20 'R1 z .0 I ACCORDANCE WITH THE MONUMEMUTION AGREEMENT N<2Y7'2J"W 6 p 3' FOR 1W5 MAP. UNLESS OTHERWISE NOTED. ' 9 P 'a. "' 6.28 RI ;--` ALL MONUMENTS SET PER RIVERSIDE COUNTY 9. ORDNANCE 451.9. % 9 pO J.J - �. \Sq 70 THIS YAP CONTAINS 1663 ACRES GROSS J, ?0 THIS MAP CONTAINS 12N ACRES NET ``y� 1 26 F,e J �i TO 1 IP. W/TAG R.0 E. 25457, P Y _ 4USN PER PM 156/98-103 NJ4� S AND M.B. 220/40-56 ,TryOOry"MM1 25 u��L X 2a .>9R N� - TRACT N0. 230833 C • .�� �,.• 27 71 471 � MR. 220/40-56 2^ g 33 I 35 x63j3z 66 1'w :' 24 ?/ i 28 47 ea. al N8842'22"E / 32 16.37' R1 VSEE SHEET 4 N24v4]e"F 3S \ 6231'RIR4 �0T 23 ` 29 18 C B9pC 37 31 e ti / 45 / 49 4,1 FR 11 22 �.�' SEE '7 TI .tM1s' 30 p�� 38 V1 50 N26 12 21 OJ �/A,y �/p1 \ H � SS.OB' R" RI. R4 0\ v 39 69 ? 0 10 20 N34-26'31' N'S3 RIN19 10 ,SH T 5 \ is �~/ � 7 41 / 53 64.ss R1.re3 �" 4552NIA3 `,. t1 9 � 1 16 54 �5 �y�111 N46'1613'W B .6 62 9 TR 2D70B-0 yp 66.43' RI.R3 2 B�� _ s6 �• 7 i 63 60 4 3 6 \< 59 56 e 64 4 5 � EET +2 H� 58 65 5 e 4 \ 68 4 57 6 Sy6 3 \ 67 h41 >o'J JOJ TR 207DB-0 42 '90 H'q .B2% SIP. 68 M, 86&07F 6 'qJ 2 h43 8 4P'•S��q( p J'°;0 TR 2D708-4 ti 9k q:q 10 / ' EASEMENT NOTES Al AN EASEMENT FOR PPWNES AND INCIDENTAL PURPOSES PER INST. NO, 67575. RECORDED 03/06/89 IN FAVOR Of EASTERN MUNICPAL WATER DISTRICT. �INOICATES CENTERNNE OF 20.W' WOE STERN DRAIN EASEMENT AS DBNCATED MERTON �INOCATES PRIVATE MANAGE EASEMENT. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 7 SHEETS TRACT No. 29798-10 BEING A YI801N9g1 OF LOT J OF TRACT NO. 2930}1 AS SNOW BY MAP ON FILE IN BOOK 350. PAGES 65-78, INCLUSIVE, W MAPS, RECORDS OF RIPCR90E COLI CALIFORM, LONR + ASSOCIATES INC. a1LY 2003 SEESHEET 2 FOR BASS OF BEARINGS, l �1 MAP LAV0.i SHEET, AND VICINITY LAS SEE SHEET 3 FOR ENGINEERS NOTES, AND EASEMENT NOTES. DIN% TABLE NUMBER HU DISTANCE L12 N87PJ' Y 211 IP.S] LIS 1-7- N01']J' 1'w 1 183E 1 24 T r w W 23 w cWn 22 \> Fas05ED (OP SPACE) O.OJ AC, 25 21 `r] 26 w N>202,2p-w � u Y8 r03.60. - 27 N>2.0220 pu n M D i r 9R6 O.°2. 28 6JON6 zb2.2p.w n, <�ELR rr, Jr. 29 a N6s w< 31 "2 61 62 \ G CITY OF TEMECULA A MUNICIPAL CORP. BY INSTRUMENT RED. 7/2/2003 AS MST. N0. 2003-492776 OFFICAL RECORDS OF RIVERSIDE CWNTT CALIFONNIA N r 71 9 (OPEN SPACE) Rr 0.01 AC. 34 N>° W 2k 35 oC42 S•. ^ \•v\ C.I 6.5'aEC(PL-- h Zti0 "p 36 37 e< �38 39 vi 540 CURK TABU NUMBER DELTA ANGLE RADIUS ARC LENGTH C35 I'6941 '30.00 10.5{ CJ6 la'23'Of IOO.DO 2511 11J 1U 1000E 1P.5S C36 'a 1W.00 6,52 CJ9 20l 'a ' IOO.M 35.ON Cf0 1314' 1W00 23.12 c°I 2'00'a6' 100.0E 12.3{ Cat q6 5000 800 Cq ]'4Y 50.0E 63.52 50.0E 9.66 cas 101L13' 100.GO 17,87 c16 o3J'z 100.0E 7.95 100.00 9.91 U6 a• 70A0 15.11 Ca9 6114' a' 70.DE 31.65 C30 25'36'04" 70.0E 31.28 C51 al 'W 50.OJ W.61 C52 IDS v 'N' SO GO 94.91 C53 '14' 1 500E 49.5a C54 711' 5' =00 I.1{ C55 fi 1' ]' JOLLA) 31.56 C56 I'{'a7' DOD GO 9'. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA \ SHEET 5 OF 7 SHEETS TRACT No. 29798-10 `-NG A SUBDEMSON OF LOT 7 OF TRACT NO. n305-1 AS SNOW BY MAP ON FT-E IN SOp( = PACES 65-78. IN=QW. OF YAPS RECCFOS OF RPhASDE CULNM C.WFORWA. LOHR + ASSOCIATES INC. DULY 2D03 SEE SHEET 2 FOP BASIS OF BEARINGS MAP LAYOUT SHEET, AND MONIO NAP. �f N SEE SNEEi :FUR ENGINEERS NOBS. AND EASEMENT NOTES. 80 LNE TABLE ••N• 1"- ao' "•I NUMBER DIRECTION DSTANCE L6 N8} 7'WE 30U5 L7 YE 35,71 LB H41'S '11 27.I5 L9 NQ'S 11-1 2711. uo US N ora'w NOStO'A1'W 2a 31.32 �' / 25 Hs/ O " \�. �� ?DY U 6V •,� Iu h 24 d 96. °�J �,^ 28 1 Ell ta'w(Rl 1•Rna. �p 'p a 29 �� 163T RI a 23 '�� N t �, )'�(t NBaY2'23"E rN J' Li 22 Oj,12 •yy s roe � 'a�9w . cn 21 2/ 26 L.10 p0 q q'�M1/�, 'B •,� w 69Lz',,I (OPEN SPACL)` 0.01 AS \ CB o P� :y� ����- J°sJ �` /�' 20 3 JN�?FR Js'.es.. nJ p n��i a � 2nti by c s n� °a .y P a 14 4 ;P \� 18 � NM1 �Rt. l so. 15 p` ell o oM1 Jd \ i/ �JY6J + aP n,w o bse RJ ti D6. ♦ $ 0 , �Gry� e ' 8 M1 $ cp AM1 i JN C / S TR 97 so ti dS J ti / 4 Gp CURVE TABLE INUMBERI DELTA ANCLE BAJWS ARC LENGTN C3 1 6'57 0A' 3J0 TO 51.55 C3 655'53' 300_W 36.29 G 55sor Si00 5.65 C5 101S1 - IOU.M D.67 Cb a'13'24• loo ao lo.3s c7 2WA8' 1pp.W 3.s1 ce 17'315 - 7D.G0 n.0 c9 9-36'2: t0.00 n.N CIO 1'163' iwm zi.a c 127 A 70.00 15.tl b9 2 6' A' JO UO 31.85 C50 -36' 1' JO.CO ]1.28 /r J.6 c^ SB AM1ti -i R >� 5 � PJ �M1 V h 6 A' 4 (Y SHEET 6 OF 7 SHEETS IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT No. 29798-10 BEING A SUSDIN4IX1 0 LOT J OF TRACT NO. 29300-1 AS SHOWN BY MAP ON Flif IN B" SSD. PALES 05-78. IN=M9 OF MAPS, RECORW of RIYFA610E CCONTY. C FCANIA. LOHR + ASSOCIATES INC. AJLY 2003 SEE SHEET 2 PCR BASIS C BEARINGS, NAP LAYOUT SHEET. AND VICINITY MAD. N SEE SHEET 3 FOR ENGINEERS NDIES, N AMID EASEMENT NOTES. CURK TABLE Lam, N 40 0� �_IO 80 _.� ,( Met �\ 2/\ 1'= 40 J ,<. c,3 GJ q!� o� !D O^, Y A O T L21 \J\� !y GJ< 13. C56 � \ �.J �, all �Sy 1 $ L,2 �h4. �..�° 41 byO � hM1ry^ °J � / OJ J �\ C a' J �' e. 61 L14 JV .(]t• L19 \ K JW} G� bb ? \7Ory M1y R31 b k/ A M 1 ^ 0 / O V 1 6 i1',40 G`B9'3J 01 �M 6 •�° �� N� .,p� �. �O R 4+9fi 29 b0 3.0o, L \H G2 V� \ TO1 G 6 3 .b Q O6 R�JO.DO 1s, Cifi 'h(•L..)° \ AJ" b. HI' 1. '�� 2 L W. �] r N 56 \J 4 6'T ° 59 U N/. O. 9O PJ°20 Iu t i�A 64 5 ' J°J' SFq � �w. ,� a,. �,° �. s �. bb 'b' , f 58 !pT\� o'ww. .9. ryti� 57 �." 4 JJ B'. F\"9(T!',°� '<b. i'' W'/ 66 W JrJgJ'W° h'b PO' oti cs '1� .f. �^ qb.O ,p z ° Of+,. OBB' NJ, ryh.11 sD 'hti q`'Jy `B_Oj 42 'oPl/' .�Oy; J9J l 8 R 9 `i ) A. ,ii 8 any°lsfiJ ; < JJ. t M1 _f Fro 1p 44 14 cJ �jo •R,13 �i rya ^+ 1 ujJ ^ J` 19 JJ NUMBER DELTA ANGLE RADIUS ARC LENGM Cl 112 95 QD.DO H.OS C11 4'2J' 0' 270,00 20.68 C12 135'S]• 2]O.CO 9.10 c13 zzrY nD.oD nse a4 1G'I '14• loD.00 n.BJ C15 29 'S9' JO.W J6.02 C16 26'1a'26' JO.OD ]�99 cn 2vsa ]D.oD 3o.0 na ' 9'21' Jo.oD nm L30 6'S9"11" s5.00 6.J1 CJI 4' °• J00.00 22.98 C32 ♦ 3'2D• SJO.OD 25.20 C33 191'20' JJ0.00 2].1] C34 330.00 3.11 C35 1Y9'q' JJ0.00 10.54 Ls4 ]5P25• ]CO CO 41.14 C55 91'3]' JCO.CO 31.56 C56 lY9'Q JW CO 9,SB C9 P 6b.CU 1],p6 _ urvE rpB� NUMBER OINEC➢ON I DKTpNCE u rvD as'n•w IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 7 OF 7 SHEETS TRACT No. 29798-10 BEING A SUBDIMSON Y LOT ] Of TRACT N0. 211 0 l AS SHOW RY YAP ON ETUIN BOCK 350/65-74 INCIUSIYE, OF MAPS, RECORDS 6 RIYRSDE COUNTY, CALIFIRMA LOHR + ASSOCIATES INC. DULY 2003 SEE SHEET 2 FOR BASS OF BEARINGS F0. 1-1 F, W/TAG R.CE 26457. ELUS1 PER P.M. 156/98-103 N MAP LAYWi SNEEi, AND NGNIiT NAP. ` 6=1 °' AND MB. 220/40-56 N SEE SHEET 3 FOR ENGINEERS NOTES. / \ 3it6' \\\ AND EASEMENT NOTES. �'%/ley a=1200,W L=23>]5' qt \ i �qy .G 0 4' BG ..tif> ..m• 1 e an 1..1 r � - CITY OF TEMECULA A MUNIOPAL CORP. 'Tf a BY INSTRUMENT RED. ]/]/2003 AS 4' I INST. NO 2003-492776 SEGAL RECORDS 48 I I OF RYE IRS.DE COJ%TY CAUFORNIA o � J9 DETAIL "" I A i0 SCNEj 71 h 34 R. pR•W 5p00 \WSJ J ryti qM1 \,i a N%`¢ O6.e2' R, W �e e CAi 1p 12099' t9.5J' Ld N N n.20''S = 1 W 3 3 W ".£r°, Js ls' (b16'b y)'W\ N".r Po. o. e•,6°e RO RJ U) CA1 o.P !&0 a 0ti� J,> HO ^0 �n�' N6) VF 36 y \ C3832 N6>. 46 W /,`.9��v(R1 N6> S>0 0$ 4 a6,�g3 N63ySag'fa TA ' �e nn �_�'�(R) T �M�6T\q 31 49 09459z N Gee v� 38 �f �,,0 Nb6 i9'JZ-w byp i� ae' v$ obv 2 e,00 4 H65�aJ SS \ 44 °» 51 39 43 V``J opL Nss]ai iOfa n^ L,% m_ 4017 NJe CS'E G A, .'..'b N'JS e / p 52 1.O/`T 42 /vF'w/O Sai, 1 °6 G zp. Q \ es 4 6L' ti fu a0 w / +'T 'O 'OI e v a0' OO' S 41 -0. 53 �b B � OeP � `y 54 4` 9'33'ai O'908 60 R� oa32A,F5 =p=, = 55 S� 59 Oj °9' R=70 06 Crb C1 "I `�\K tih 0 F s` 56 Sy 1 58 57 021 6 �s NO 9b0 pry CURVE TABLE NUMBER DELTA ANGLE RAGOIS I ARC LFNGIX 011 4 2]0.00 1 20.66 C12 b' ' VIGO 910 C1J ]' B 270.00 11.55 C14 1 '14'I ' 100.G0 11.07 C15 297y'S' 70.00 36.02 CI6 7000 N.99 G7 4 ]CAD 3043 c19 s ' " 70. GO 41653 C19 1D0.00 15.77 C20 SIG'06 530.00 52.4] C21 1' '04 530.00 15.65 C22 410 '0' 53000 3975 C23 1 S' S]000 916 C2. 9'l0' lOC.00 IB.59 C25 21470.GO IB.32 C26 III' " 470.GO 1929 C27 470 GO 56.36 C2B JTT 31' 7. GO 45.92 C29 4 4'000 J0.45 C3D B'41' 5500 6]I C31 4 JO°.00 22.96 C32 3]000 25.26 C33 A'1' 0 "N, 23.1] C34 '00' 33000 2.11 c]s 148'4nO.aO 10.54 C36 11-'001 2511 C37 IOC.GD 18.59 C30 S14 ' 1CU.00 8.52 C39 2015'4 " IOOAO 35.36 CAO 3'1! 6 ISO.M 2112 C41 III)'A " 1p0.00 12.2A C42 9 5000 6cc CH 11 Y 50.00 9.66 C45 1' A. 70.00 629A C47 1 'l ' ' 70.GO IG.5A CURVE TABLE NUMBER DELTA ANGLE RAGOIS I ARC LFNGIX 011 4 2]0.00 1 20.66 C12 b' ' VIGO 910 C1J ]' B 270.00 11.55 C14 1 '14'I ' 100.G0 11.07 C15 297y'S' 70.00 36.02 CI6 7000 N.99 G7 4 ]CAD 3043 c19 s ' " 70. GO 41653 C19 1D0.00 15.77 C20 SIG'06 530.00 52.4] C21 1' '04 530.00 15.65 C22 410 '0' 53000 3975 C23 1 S' S]000 916 C2. 9'l0' lOC.00 IB.59 C25 21470.GO IB.32 C26 III' " 470.GO 1929 C27 470 GO 56.36 C2B JTT 31' 7. GO 45.92 C29 4 4'000 J0.45 C3D B'41' 5500 6]I C31 4 JO°.00 22.96 C32 3]000 25.26 C33 A'1' 0 "N, 23.1] C34 '00' 33000 2.11 c]s 148'4nO.aO 10.54 C36 11-'001 2511 C37 IOC.GD 18.59 C30 S14 ' 1CU.00 8.52 C39 2015'4 " IOOAO 35.36 CAO 3'1! 6 ISO.M 2112 C41 III)'A " 1p0.00 12.2A C42 9 5000 6cc CH 11 Y 50.00 9.66 C45 1' A. 70.00 629A C47 1 'l ' ' 70.GO IG.5A ENVIRONMENTAL CONSTRAINT SHEET IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 1 SHEETS TRACT No. 29798-10 BEING A SUBOIVSON OF LOT 7 OF TRACT NO. 29305-1 AS ST10NN BY MAP ON n,, IN 600( DEC. PAGES 65-78, INCLUS OF NAP£ RECORDS OF RI`hR90E COUNTY, CALIFORNIA, LOHR + ASSOCIATES INC. BOUNDARY JULY 2003 SURVEY FUVIRRNERTYI ONRTR 'T NOTES: 1, THIS PROPERTY IS LOCg1Ep 'MT11N TNlfltt (]0) YItES OF MOUNT PALONAR OBSERVATORY. ALL PROPOSED OUTONS UGHTNG SYSTEMS SXAMl COMPLY MM TE CAUFCRMIA MAP INSPNTE OF TECHNOLOGY, PµONAR OBSERVATORY REIANMENDAIlMS. ORDNANCE Ne. 655 2. ME YgIS CREEL( ENVIRONMENTµ IMPACT REPORT (EIR) WAS PREPARED FOR MIS PRO,ECT AND IS CN FILE AT ME GT OF TEMECUU COMMUNITY DEVELOPIAENT DEPARTMENT- V EN INFORMATION SXOW ON M15 MA FeT IS FOR FCANA'CONSTRAINT MAP 91EET IS FORWFgiYADCN PUPPOSES DESCRIBING CONDITIONS AS OF ME DAIS OF RUNG. AND IS NOT INTENDED TO AFFECT RECORD T¶.E INTEREST. M!S INFORMATIONIS OCRIKp FROM D, 1pp, 2W, ]W AW' PUBLIC RECORDS OR REPORTS, AND DOES NOT IRIVE ME CORRECTNESS OR SUFFICIENCY OFTHOSE RECORDS OR REPORTS CITY OF 1EMEcuLn A uuNlclPµ CORP. BY ME PgEPARER Ci THIS YAP SHEET. pl 6CM£. 1 100 BY wSLPUMENT flEC. 7/2/2003 AS W j INSL N0. 2003-492776 OFFICAL RECORDS 'ql OF RIVERSIDE COUNTY CALIFORNIA 3 N88'51'55'w a �I 65J5' RI 0" °9 p^ ?\ 6 R. 2005 Rl 6 f0'SPQB" ZI N4247'27'w 9 3 J50 ..PRery { %D rs A„ "e. �b0 •N �T, J. 46 \ 4 wQ 1'lP. W/TAG R.CE 2645: RUSN PER PM 156/9B 26 P N" •\ _ .. -103 AND M.B. 220/40-% 25 c.��u J4 2D6�RW a4 TR & N0. 230B3 27 71 M.S. 220/4D-66 3 / 1 B?Po?H7-w 24 28 47 NBBVZ2YE }2 / 36 42:411'RI.R \ 62.3RLR <Oj 23 < 29 46 }1 � 37 / C4 BAD FR 22 '" 45 k''7y .R,i^• 44 / N26V 55RIPE 10 20 09 \ 4/ 51 NJa'zfi'v'w �PfP 19 43 Q.i/ e D 11.9J' RI �� rp 14 Ot •\ 18 .\ 42 �d/o 52 B 6E.55' R1,R] 41 53 ry' 9 j 61 N4R'19'1].w YOf\�A 16 B ' 2 6 68l3 R1,Ii] B�'04� 0, �, 62 _ 6 TR2O78B-O 7 j \ 63 60 4 3 6 56 4 64 59 9 5 \ 2 6 Ns \ fi5 p •0'w 4 \ 66 57 41 JR s`e 3 \ 67 42's!so TR 207DO-6 7e✓ M.B. 355/01-D6 °:q 2 y 66 y,J• 43 a O> .�. TR 207DS-4 0 n°� � R"R\ s; 44 -? q , MA 366/86-00 A,y,� W.F VA""Y ROAD CP,w"Y P'l9 RO+D/Aw,It D. N... RAINBOW CA4YM WAY F. VI VICINITY MAP D xAu BASIS OF BEARINGS ME BASIS OF BEARINGS FOR INS MAP IS THE CENIERUNE OF WIXi VALLEY ROAD SHORN AS N5j,EA D-W, AS N. M A MAP RECORDED IN BOOK 220, PARES EO THROUGH W. INCWSIVE OF NAPS, RECORDS OF ME COUNTY OF RIMERSID , STATE OF CALIFORNIA, BOOK T PAGE 28A TRACT No. 29798 WOLF CREEK SPECIFIC PLAN REDHAWK PARKWAY WOLF VALLEY ROAD PROJECT SITE VICINITY MAP NOT TO SCALE < CEdi a= " w �wpW� � _<= m�_ n MOO 2 o���?y tS€oi �. °wp`Yv' '� hem aU- wz ` "aka_ " w sFrc a'mo kpo<o«p ? n„w s$W i a"a za�i=N iwp 6k�` k N z o< o e o=kww w -Ala a z oa pd w "i$a°� a WE kwk`i �" N <Y� h 00, °~ °a Ul <° rcF m u W xF mmog"z 41 °JNaa w �w �w e <Wawk w a WFnk �< Y g w 3$soo O ` ow Z okkmii� w "FGiaw>w 'ate U € Ow z O J u� w my N O � y 00 J v~i � d� 3 � CV ' - w� k_owm == og„£aw z ak w Hw"N o �e sk a z3<-w i ° =€wW ° � wkk?omo k ka w I° i�o k� o w o s5 o.w v 80 � o ���ai:m^go k � opopua o w `��9key O _°°w� U ny Ow. w� 32�wZ3 H 7F uz U �£O-i x N?3Jz p a3r m z 91 €�SQ k?Wa N ww l M-80 iY o 'Iz kp �w��i�am _ N"°C< w a€ NOi N Q�: o �NQ'.'zrW n �i w fOJ, w.�zz W< k i3�w w �z�wA oo ° k o ow~~mvW I, aaz Gi Or m �krc 4p7� z K miQo aZ. a Zititi w W ~s o�iFa ado u m z m m c-gyp zN= zz 0 Yip.," Y� Y&n��» Y2< x° w >K 0 sW.�a�w -- Vi a Nz 0 Z' �w / " z�n g ¢�a rcao ~'�kw o 8 N_ wmwSig z zoz �m wk'.k2 a8o<k ¢i w '1, N 3ZR� Sw =a wU' a zo - _ �o zz< <m doj Wes I 6m mom ¢N <m ��. 'ms I eIJ drn in Q 6���j I^eZ P`� ____ f 1 /ogmtlmall VIA z —_ SJN4ry3g JJS ___ -r- (IV06 X311VA Dom — — e--------- — -- — ----- o y c w W/ m= W i '-'Ta of g o V J N Nco < - m C N i_- I--------- y E w�- F v i z O y,w w.v r j I I I 133w5 d,= ;-o % 11 I s Noane w w o16 ! C o �� azo z "--- i s� al o es a � r amn z 5k w g I rm g� r J FF Q 'or,nJ _ i ���' V �'a'''O ICI O Jy `roW ='i W gnu w k z z_�,l_�---- �o 'v ICrII-{}'�l�.ioi.-'r o €PA M��, U o° 3 •,, u _ I o III - �+ mI I am gFNm ------ ow Z J o I m r', 3;� �o J Ilwl ¢ --- I53 CNm„ mm 6 n °° �/ Q " r�,!N IFI�•.nm Ilw�-- -i-_ W LL4JJ.... �m w �~m �xrm_�ar �gl o !- '6< to ks �. �•I' Ilwl __ i -- I eo&i w m' �GORDOBp Sm i�e I s I -go ct 'fAl w f�o Av,�'( S � I i I _ oI �o w Im of On s ----- F\\ y -i- I s£ ¢ml I `m _. -y+'9- --up 1\(JIjI{— F� ry w z Ny ¢� u N b\ \ � .\• J'�\ N Jai ICI � _< I'I �.�s• `"� I I I IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 3 OF 7 SHEETS TRACT No. 29798 BEING A SUBDMBON OF A POR110N OF LOT 9 OF TRACT NO" 29305-1 AS SNOMN BY MAP ON FILE IN BOOR 350. PAGES 65-75. INCLUSIVE. Of MAPS, RECORDS CF RIVERSIDE COUNTY, CALCORNIA. LOHR + ASSOCIATES INC. JULY 2003 BOUNDARY SURVEY MAP ENGINEERS NOTES • INDICATES FOUND MONUMENT AS NOTED O INDICATES 1' LP. MW TAG RAE, 20508. RUSH TO BE SET 5EE SHEET 2 FOR BASIS OF BEARINGS PER M. NO, 29305-1. MD. 350/65-7a A INDICATES 1" I.P. MIN TAG R C.E. 20508, RUSH TO BE GET PER 1. M. 24796 .B -4, M" 355/B6-90 I� O INDICATES I-I.P. MIN TAG P.C.E. 20508. RUSH TO BE SET N PER TR, NO. 29798-8. M.B" N INDICATES 1' I.P. MIN TAG R,C.E" 205M. RUSH TO BE SET PER M, NO. 29798-9. M,B. 0' I— 200' m 400' (R) INDICATES RADIAL BEARING. O INDICATES GET 1I.P., RUSH, W/TAC R.CE 30508. UNLESS OMERMSE NOTED. SCALE: 1' = 100' (MI) IMBRICATES RECORD AND MEASURED DATA PER W. NO. 29305-1. M.B. 350/65-78 (R2) 9DICATES RECORD AND MEASURED DATA PER IS. NO" 29798-4, CASEMENT NOTES M"B. 355/86-90 zi� INDICATES 10.00' HIDE PRIVATE DRAINAGE EASEMENT. (R3) INDICATES RECORD AND MEASURED DATA PER 7. NO. 29798-9. M"B. BTMTT- INDICATES RESTRICTED ACCESS DEDICATED HEREON" SET 1' I.P., RUSH, TAGGED RCE 20508 (RIV CO. TINE -A' MOM.) AT REM LOT CORNERS AND ANGLE POINTS IN LOT LINES. UNLESS OTHERHISE NOTED. SET MALL AND R.C.F. TAG IN TOP Of CURB ON WE PROLONGATION Gf WE SIOE LOT LINES AND E.C.'S AND B.C.'S PROJECTED PERPENDICULAR OR RADIAL MGM PROPERTY LINE. (RIVERSIDE COUNTY SM. TYPE 'E') ALL MCNIINENTS SAGAN 'SET SHALL BE SET IN ACCORDANCE MTR WE MONUMENTATION AGREEMENT FOR THIS MAP, UNLESS OTHEAMSE NOTED" ALL MONUMENTS SET PER RIVERSIDE COUNTY ORDINANCE 46L9. MI5 MM CONTNNS 1093 ACRES NETGROW 4a3j3 PJ W SJ d 4 12 a (RJR FIE 1' LP W/TAG RC.E 26457, FLUSH, Z $p PER PM. 156/98-103 AND MB, 220/40-56 O / 2U6-D 13 N6522 '15'49-E 22 .61' (R3) N3955.01-E 2316' (R3) B \ 14 Mg" 5 N]]'1930'E 30.99' (R1)(R3) 2d� 10 \ 16 N42-27'05-E 30.63' (RI)(R3) / M19,p 17 N43'32'19'E 21,38' Hl)�R3) 0 9 \ .(( 16 JPP Mg 91'014 " S O N46'IY48'E 79.48' HI)H3) 66 q q N431522-E 21.6B (RI)DR]) 43, / 67 \RQ 20 N3751.43-C 25,76' (RI)(R3 7 / 65 /J. N37'35 257 26.42' (Rt)(w) 68 6 E 4 64 \Y 21 N34'2Y15'E 24.27 (R1 k )(R3 7 5 / 69 / SPiS 22 'E °yR}yo ySJP�" N]a1a'S2A 70 63 (Or\, 2] 152,66' (RI)(R3) 46\ 4 �Q' 62 Yry, N3T4fi051 25 'P 'E OB 3 ti, P� 61 / ? NBP SL19' (RO(RA • o/VJ 12 60 / SZ 49 33A6' Al 1 2 27 Q' 7} 59 � E E 6 53 48 27 � 74 Q / 54 47 p5 P 40 i <s 15 58 42 4fi OAP/ 29 P Jh j :. 57 ciP=,\ 0 43 `5 ��GO/ 2b .PtiD' pe`a%P`�aa. P�,Pye i. 31 h9M1�zU,a ' y�o.aopro 55 yQ-/ <qc\�G/ti 64 �� �5 Lopv9M1 � 4o � aa.'cPIe�P{ 32 �5 QGPOp �. ha��Op SEE�SH 7 33 / V p° / PP 22 39 35 37 36NM 48 De°l aag6eh. PN �eoa ` PEP UNE ABLE 47 / / \i' 9 D y \Q{ uE CIRECTIs DISTANCE ae /wLNsrssSB3B$ 3'59'WL2 N4210.>�NIR2 L3 N78 36 05-E 12898 RI R2 44 J h0 L4 N5755'59-W 1 SHAD R2 LS N429]'S9'W 80.34 RAD R2 �/p CURVE TABLE NUMBER DELTA ANGLE RADIUS ARC LENCM CI 5431] 530.00 52.76 RI R 12 9' 9'47' 1 53000 1 89,39 RI RI C3 S'43'13- 1540 GO 1 4977 R2 CA 9-39'47' 500.00 1 SAM R IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA SHEET 4 OF -7 :SHEETS TRACT No. 29798 BEING A suep s0N OFA PIXiTION Of LOT B C£ TRACT NO, 29305-1 q5 ,0" By NAP ON n,, IN BOOK 350. PACES 65-7e, IN0.U9vE Cf NAPS R,,ORO, OF gIY{R90E COUNTY. C.WFOiN1A. LOHR + ASSOCIATES INC. JULY 2003 SEE SNEET 2 IN BASS OF BEARINGS ff 11 (`� , SEE SHEET 3 FOR OVS ANRT BORIEY �\ S, / 2 �/ 410— 6 NAP, ENCJNEE FOR DNR EASEMENT NOTES TO. I" LP. W/TAG R.C.E. 26151. .NE TABLE DISTANCE FLUSK PER PM 156/98-I03 ANO LINE OIRECPOV N. B. 0/40-56 $°t' N6J. /52 22 / e n NS°<a. SJS LJ N]T20'26"E mGO 8 12 J6FSO(RJ/ LA N$<'A6']8"E 163.15 0 1 L5 N)5'39'27 E 19.06 NyB , CURVE TABLE N6\»W �M1A.;T 13 R.,o C�NSa'a NUMBER OE1iA ANGLE RADIUS ARC IENGIH °O aJ6F C2 Ss5'I]' 50.00 53 >6 fll Rl \ Z' o NpJ?SO "(e OWDJ o o A••Q' <ai (Nq0//J Ca 113 '13" -SO.pp 10.0) �'\ NB,. __� /�/•/2`� L!l OgO A \\ � 13 �- 2665%S; \ 9, N65YSZ S)5SS J2JJ. \� tea\ N4 W JOJJO/. F�J vaq'% N10NZS>aB1eW1 >S,sWZS>Sf 4 S/;aVLLJ cn O >OgO, r — r r � j \ J >o '> 10 B .� aJg2800i'O�Ns3y� /'�6 `R w'9 / w 7R 2,9792 J s 9 Y sq IM,f", 40 \ JJ ,S\\ °s> p>i♦ 7 N1e6g ta•°9' id'/,. OS o0S N<]']Y1(R }e 9 f(R \.. O., 4 J �, a JB t. Q.e00CI 21.]8' (RI)(RJ) `I'v 1. 40l y o d°v v�f B ( O• \ >sl A' o. / .° (YJ7Bs °j°'JB• a'6o as dh t1;p 8<,.b,� M1 JsoJa.°,h fi 2e. 9 O D 'L O. OO` PnO/ J6 pJ.p OV J Jl •L i' 7 M1hM1b \ / Oti> M1� M1jOP SOJJ9/p 67 M114, Zry v N S/J66' , �J• 6 yM1�� �; \ NJ 6g ("� 64 J \l Y 9p 6SSiyM1y ?� G M1q y B B. Spt"\\ �J M1� :-, 5 N 63 6 71 61 B e.\ 0 Si e la 3 .r / 2 Jp. hti "JJJOpJ 7 2 9pJ y 60 J ' Sl9 f, y'Y/ 1 J �qP JOS hOJ q 2/ .hry$ NSJv 73 59 1 >. > NS>°°. SJ\s° NJ>.O O a 6, JJ ;J: Bp74 58 ^� _i sB>JS. ^yP\ \ ap(RSJW 75 9a vNa SS°J�. 57 (�"SyJ,°R \ \ a60SS �. / "> OJO00 bJJy. W °J' B' J 56 e. / av NS2yJ �•�jv� a 6 ^ /> w w n o ��w N — O �LL � '� _ .pJ •gyp fN 4 d jz 0) Lin \` F � 3P � =✓aQ <p N P .?C. w N aN b :t a /8 % z z eAlo p L LLN yg 36 ba U r U tAfN o hb b,3 m F- co AfN h� 2b�/ d Q a 4� t� U O ' y+bb\ �bT3y\s!<z `offte b'b b \\ '<�9CN d CY r o' ell 0 h QO .9A. So_ m rvN �z�o Y3b'' nip wfla• � IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 6 OF 7 SHEETS TRACT No. 29798 BEING A SUBOIM90N OF A BOSTON OF L0T 9 OF TRACT NO. 29305-1 AS SHOWN BY MAP ON i1LE IN BOON 350, PAGES 65-70, INCLUSIK. OF MAPS, RECORDS OF RIYENSDE CONNTY. CAUrORRIA. LOHR + ASSOCIATES INC. JULY 2003 15 16 SF D o00/ F SEE SHEET 2 FOR BASIS BE BEARINGSSEE (•y'6'yY SURVEY G 17 (,y MAP. EEINGINEERS NOTEEET 3 FOR S, EASEMENT 6 6 p h a�Y'� LNG'�^ O FF NOTES p.rvj 18 S CURVE DATA NUMBER DELTA AN RADIUS ARC LENGNA C1 9's4 29' AW.0O 6flO1 \� 70 \75 76 \ 4 i 71 C-5 72 Y 11 r � 4s r Ste. 47 o 7R 2,97J-3 3 ; Aiiis" 40 45 9f �\ 13'\ IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 7 OF 7 SHEETS TRACT No. 29798 BONO A WBDIPAWN OG A PORTION OF LOT 9 OF TRACT NO, 29305-1 AS SNOMN BY NAP CN RLE IN BCKX 350, PAGES 65-78, INLWVvE, DF MAPS, RECORDS OF FNWRSIDE (,WNW. CRUOMNIA. LOHR + ASSOCIATES INC. DULY 2003 N N SEE SHEET 2 FOR BASS BE BEARINGS SEE SHEET 3 FOR BWNDARY SURWY NAP, ENGINEERS NOTES, AND EASEMENT NOTES ONE TABLE ME BEARING IENGTH 06 S R 31.01 L2 N3572 35-C 2985 L3 1 N21 1.96 L4 3 45 N5i, '-W 1 W495 q WRVS TABLE NUMBER DELTA ANGLEflAp1U5 ARC lENG1H Cl 1 14lZ 24- IDO.W ]s.eD 1 [2 I OR 17'01' 1 3A1.00 1 36.19 ' wl 53\ 54 Go- P 45 Jj. s; 43 ,y. 6 2 44 \AszjJ .e Di Aft QJ' wIA.'Py.. TgC9, �JJ 0 \ '_ So aJ7 Mee ^0 y0^ 6�Rl�li9 zoa6�o9 \s 9Oa 3 �•A. rvr I� 38��° m 1. 37 JJ,00 4 -3 T9�(99 A 4,14 9y 36 / s. w® 20 21 SF �tiz�9s"J���sJ,. 22 yFFT +JJJSy µJ9'sjy�q 23 S 50 o J. Ro 24 \a LL. 3a &_ 51 •I hM1M1. 2,. 49 e, sJPo.• 26 Sy M1;Q�^ gV,A A,4)JD9 48\ Arye y �. 'Dy 4 '1' ZJp 2JJ O OP A gip, v J JCO i J�2 J•W A 0 ►., "IN V IIxIJIVIVILIV I ,;,m W TRAINT SHEET IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF I SHEETS TRACT No. 29798 BEING A WBDM9CN GS A PORTON GF LOT 9 OF TRACT NO 29305-1 AS SHOWN BY MAP ON FILE IN BODI( 3W. PAGES 65-78, INCLUSIVE. DF MAPS, RECORDS OF RIVERSDE COONTY, CALIFORNIA. LOHR + ASSOCIATES INC, JULY 2003 ENVIRONMENTAL CONSTRAINT NOTES 1. Ti15 PROPQitt IS LOCATED WITHIN THIRTY (30) MILES OF MEANT PALOMAR OBSERVATORI ALL PROPOSED WTDDJR NOITNG SYSTEMS SHALL COMPLY WITH ME CAUFORNIA INSYMM OF TECHNOLOGY, PALOMAR OBSERVATORY RDW04MENDATIONS. "NANCE No. 655 2. ME WOLF CREEY ENVIRONMENTAL IMPACT REPORT (OR) WA5 PREPARED FOR MIS PROACT AND IS ON FILE AT ME CITY OF TEMECULA. COMMUNITY DE`D-OPMENT OEPARTMMT- I� ME ENNRWMENTAL CONSTRAINT INFORMATON SHOWN ON MIS MAP SHEET IS FOR INFORMATION PURPOSES DESCRIBING CONDITIONS AS OF ME DAIS OF TI ME. AND IS NOT INTENDED TO AFFECT 0' 100' 200' of A00' RECORD TITLE INTEREST. MI WFOMATION IS DEPoVED FROM .L PURUC RECORDS M REPORTS, AND DOES NOT IMPLY ME CORRECTNESS OR SUFFICIENCY C, THESE RECORDS ON REPORTS SCALE: 1' - IOU' BY ME PREPARER OF MIS MAP SNEET. FACEMCNT NOTES INDICATES 10.W ME PRIVATE DRAINAGE EASEMENT LINE TABLE UNE OflECTO DISTANCE Lt N 55'S9'W 8282 Rt p2 L21 M4 'JJ' 9'W I 10.A R1 R2 L] NOB—NOSNOB-NO51B 28.98 pl R2 LA N5]55' 'W 96A0 R LS M42 'S9'W KO R LURK TABLE NVHgEq DELTA AxLIE RAgVS -0 LENGM Q1 SY2'111 S]O.W 52.J6 RI R2 ' A'6gT C2 9' 9' 7, S30.W 89.39 RI R2 AB> 527. CJ 5'4R'IJ' SGO 49.]] R2 ;R W2VSJ. C6 9'J9'4Y GO..W 84.33 R2 x 12 t m (HJ FO. I' P. W/TAG R.C.E. 26457, ILUSN \hy PER P.M. 156/98-103 AND M.B. 220/410-56 TR 2D106 / 13 N65'IS'22-W 22.61-1' (R3) 8 \ T4 15 N395501'E 2316' (R3) IT'S 30'E 28.99' (Rl)(R3) N427705-E 30.63(R1)(113) 1D \ / 16 NS N4]"]219-E 21,38' (R1)(R3)40 9 \ 1> JS N461148E 7948'(Rl)(R3) ` 66 4f 16 /y, MB. 22014F5B ��� q0 41 8 N4315'22'E 24.68'(Rl)(113) 67 19 t mJ11 >i`•9 e.. N375t'43-E 2576 (Nl)(R3 7 65 20 N]]}fi26.42' IRII(R}) 6 68 64 )- 21 \ q N34'29'IS C 24.2]' (RI)(R]) / 69 / � 22 1J 9�B��JJ'i dd 5 / N3<'II'S2'E A 7O 63 COr� 23 / 50 qo'r t5a66'(a1 )(a3) d6� d 6P CI•\ 24 vog 2 A /�P 46 3 61 / 51 \ 25 xn'454�E O~ JP� 51J9' 647-3) 7271 60 / 52 49 a'y¢ep 47 2 ' 13 / 53 48 3326 27) �•, 1 \ � V, 74 59 54 47 N 40 i l� 75 58 Qy O 46 ylp/ 29 A Q 57 PoiP�1 n.A q3 q5 \�G0/ / 28 5°R'T~`Vp3°q�e1'J °J5� 2. i // \. 56 �Cv,/ A'\fN �11'/•G 30 54..- 0`y� 4�hD. 5 5Q CL 44 �J/ Of .h`YM1. q�E 'Age�ryOlIM11 ` SIC\ / 31 28 J\N4J eC� �/ 32 of 10h h9 fPt,�JeS lC�< • s: Td 41 l • / 33 �.W\ ew _v j sFpG y �p 34 28 `. //aRl �9 39 38 35 / 4 EPl Op ; A5q �p0 TR 2Ln0B-� � 1 f 6 S M8 40 y � J s6 M16� •.� S 47 T9 46 % /� Ej oo �y PROJECT SITE 1 �� y s3A 'p TR. 29288 Cr\'e a JP B 5 BEARINGS MEE EA515 OF BEARINGS NR THIS NAP 15 ME CEN1EflMNE WOLFVI11EY ROAD0 • �\g. �O AIX VALLEY ROAD SNOWN AS MSI5W2YE, AS SHOWN ON MAP RECORDED IN BEEN 220 RAUB 40 MRWGH 58, WCLOBOE OF OF ME COUNTY Of RIIERSDE, STATE Of 44Wq..p CNTFORNCOR05 'WJW4Y DEER HIXLOW WAY -RANBOW CMHTCN ROAD VIC-1 L, MAP 6cAtc R\ /\ /t< T ll1 n e%r ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: �7q William G. Hughes, Director of Public Works/City Engineer DATE: July 13, 2004 SUBJECT: Parcel Map No. 30797, Located North of Highway79 South, East ofAvenida De Missiones, and the future Rancho Pueblo Road, known as Rancho Community Church. PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer C0 RECOMMENDATION: That the City Council approve 1) Parcel Map No. 30797 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Parcel Map No. 30797 is North of Highway 79 South and Constance Street. The project was formally tract 15211 and Rancho Community Church is mapping over it. On August 20, 2003 the City of Temecula Planning Commission approved Parcel Map No. 30797 and the appropriate conditions of approvals. Parcel Map No. 30797 is eight (8) commercial parcels. The tract is located North of Highway 79 South, East of Avenida De Missions and future Rancho Pueblo Road. The site is currently vacant. The owners of the property: Bridgeport Builders, LLC A California Limited Liability Company has met all of the Conditions of Approval. This parcel map is in conformance with the approved tentative parcel map. The approval of a parcel map, which substantially complies with the approved tentative parcel map, is a mandatory ministerial act under State Law. The following fees have been deferred for Parcel Map No. 30797: Development Impact Fee due prior to issuance of building permit. r.\a gd rpt\04/pm30797ma p FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Parcel Map No. 30797 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 30797 rAagdrpt\04/pm30797 map The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT rAagd rpt\04/pm30797ma p PARCEL MAP NO. 30797 DATE: July 13.2004 IMPROVEMENTS FAITHFUL SECURITY PERFORMANCE MATERIAL SECURITY & LABOR Street and Drainage $ 580,500.00 $ 290,500.00 Water $ 161,500.00 $ 81,000.00 Sewer $ 65,000.00 $ 32,500.00 TOTAL $ 807,000.00 $ 404,000.00 Monument $ 4,795.00 j - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 62.00 Comprehensive Transportation Plan $ 4.00 Plan Check Fee $ 1,310.00 Monument Inspection Fee $ 250.00 Fees Paid to Date $ 1,626.00 Balance of Fees Due $ 0 4 r:\agd rpt\04/pm30797map In bfg`Sa� b u � �I L €'G zS aji e aa EE iii 88pp 3333 � t� gg hi�gif �11 oa4 �dfMa �I IV a � 99999 J JXq qu a# 511 41 e SEW �yj3 �a a h c= g ill aq � _ z� d $$da � a [at QRQ �( Q j W G�a ��2�9 � �rI ����� 3I� k �i5 �e b� li� abg� s 7r � 9^ � lot en > bill 9Q SN HIM y� ]I F 1 � F y b dj !2 p ' �R���I p �• �R�� b ■p� "bb of b R < EE! dhij' R: hb R y y rya t� B Q ppj ll Y� M Yh Y Ydd�4 6 s YtlY k S 6a ya [ b> y B. s a E e 9 'a ae F a 151 nr WW2 E2A 112YT IJJ GO"IL6TMTlltft-[F\MfTNIl�IKF\f,(91\J31\:t tl y y � AVX M3Y1 AYIWYA 58 I 8y $e SW � ---r a; z ge `me a c€= 4s 06 y ww „Xffi 3.'' 6i Q.�cu9s X -cr.9ce1 x17 i�ot2Mi I •„I .s 8 x) _@tl •C I l (sc'om — �1 - 1___--1 V8oko YNOQ p I- [ZL - JSF )lYYYLu. 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F. p ei2c'8I -" b°1's'y_ 6y { :iT� a �y b N geFN Y. 101 ar4'f f W �b 2 f� OCd M.[r.x 9lX Y-'O (4Mwr U 1 a and � ���' � jeo �'01I 01080d 000N7U / � 00't �1 yg.ry q b qq ■N a- ' 1 1 98� IWYE„eyRS e��Ei momu ansnin E3 'v ley < aDm tt//I roar,a n 8a 812: `s�£Ri B9 RRAI 0k g gg t� 9{0,� A33ws nwAsro� xulxrNx Ag� zh2n2 i; @ cs �- R Ys18 gl38 .R pip to r R y {Q] 9 p 4S l { y 4 A �I� V—.— n 0 Cf E3bb�aaa w tl � MIFRSTxIE 15 N_ I ' `i .3$ Y @ppl�sC C�ppi3A%%-Zcs ii �I PAOaA RD. ��O 9,p�jq quo ti �T SPN�\PGp R� o DN THE CITY Of TEMECULA ROSA �P JEO ppRSO�P R PNGN 51 P� 19G 500� N Z SITE o rrl � a A 1p, �q cy z 15 a I VICINITY MAP NO SCALE ITEM 17 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER /3d) CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman Parker, Director of Community Service DATE: July 13, 2004 SUBJECT: Resolution of Support for Proposition 40 — Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002 PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the City Council adopt a Resolution entitled: RESOLUTION NO. 04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2002 DISCUSSION: Proposition 40 — The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 was passed in March of 2002. This proposition provides $2.6 billion in bonds for natural resources conservations, state and local park acquisition and improvement, and historical and cultural resources preservation purposes. A Local Parks Per Capita allocation is one of the grant components of Proposition 40. The Per Capita grant allocation for the City of Temecula is $320,000 based on Temecula's population as of January 1, 2002. The 2005-2009 Capital Improvement Program has incorporated the funds from this grant into the Sports Complex project located on Pechanga Parkway and Deer Hollow Road. This project shall include the design and construction of a 43 acre regional sports park to include athletic fields, restrooms, picnic areas, parking and other recreational amenities. FISCAL IMPACT: Revenue from this Per Capita Grant is projected at $320,000. RAsmithb\Grant\Staff Prop 40 Reso Per Cap.doc RESOLUTION NO. 04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2002 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds forthe acquisition and development of neighborhood, oommunityand regional parks and recreation lands and facilities; WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility forthe administration of the grant program, setting up necessary and procedures; and WHEREAS, said procedures established by the California Departmentof Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and WHEREAS, the Applicant will enter into a Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED that the City of Temecula hereby: 1. Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002: and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project(s); 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of the project(s). Rdsmithb\Grant\Reso-Prop 40 Per Capita.doc 06/18/2004 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on July 13, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 04- was duly adopted at the regular meeting of the City Council of the City of Temecula on the 13th day of July 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Rdsmithb\GmntReso-Prop 40 Per Capita.dm 06/18/2004 ITEM 18 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance Howard Windsor, Fire Chief DATE: July 13, 2004 SUBJECT: Fire/EMS Protection Agreement for Fiscal Year 2004-05 /j rr- �Y/ RECOMMENDATION: That the City Council approve the amended Exhibit "A" to the Fire Protection Agreement for Fiscal Year 2004-05. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement with the California Department of Forestry and Fire Protection (CDFFP) and Riverside County Fire Department (RCFD). Formalization of this agreement is required every three years to appropriately renew the required contract between the City of Temecula and the providing fire service agencies mentioned above. The current three-year agreement was approved by the City Council on June 25, 2002 and will expire on June 30, 2005. The CDFFP has provided the City with an amended schedule of contract staffing costs (Exhibit "A" to the Fire Protection Agreement for City Council approval.) Service costs for Fiscal Year 2004-05 are shown on the attached Exhibit A. The increases for services are due to the implementation of a labor agreement for CDFFP and the implementation of paramedic staffing on the fire engines. Also included on Exhibit A is the estimated Structural Fire Tax Credit which offsets the City's Fire/EMS costs. FISCAL IMPACT: The additional costs associated with the implementation of the labor agreement are approximately $460,759 for fiscal year 2004-05. Adequate funds have been appropriated in the fiscal year 2004-05 Fire Services budget. Attachment: Cooperative Agreement Exhibit "A" RA Agendas\04 Agendas\Fire Service Contract 2004-05.doc A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL AID SERVICES FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this 25th day of June, 2002, by and between the County of Riverside, hereinafter called "County", and the City of Temecula, hereinafter called "City", whereby it is agreed as follows: 3 PURPOSE The purpose of the Agreement is to arrange for the County, through its Cooperative Agreement with the State of California, to provide City with fire protection, fire prevention, rescue, and medical aid services, hereinafter called fire protection services. This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55632, 55606 and 55642, and will be mutually advantageous to City and County in that it will provide a unified, cooperative, integrated, and effective fire protection, rescue, and medical aid system to protect lives, property, and natural resources. II COUNTY IN CHARGE A. The County Fire Chief shall represent both parties during the period of this Agreement and that Officer shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing fire protection services as deemed necessary to satisfy the needs of both County and City, except upon those lands wherein other agencies of government have responsibility for the same or similar fire protection services. B. The County will provide the services (at the levels specified in Exhibit "A") in return for the payments made by the City under Paragraph III. C. The County will be allowed flexibility in the assignment of available personnel and equipment in order to provide the fire protection services, rescue and medical aid services as agreed upon herein. 1 i 5�1 1 3LI D. The County provides fire personnel thru its contract with the California Department of Forestry and Fire Protection and if during the term of this agreement City shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit "A", City shall provide one hundred twenty (120) days written notice of the requested reduction. Proper notification shall include the following (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, City shall reimburse County for relocation costs incurred by STATE because of the reduction. Personnel reductions resulting solely due to an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit "A" to this agreement shall not be subject to relocation expense reimbursement by City. E. The City shall appoint the County Fire Chief referred to under Paragraph A. above, to be the City Fire Chief. 0001 PAYMENT FOR SERVICES A. The City has appropriated a sum of money to pay for fire protection services within the area of responsibility of the City for the period from the date of execution of this Agreement to June 30, 2003. B. The County shall make a claim to the City for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 31, claim in October; (2) October 1 through December 31, claim in January; (3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in April for the estimated cost of services after any deduction for fire taxes, with final reconciliation to actual costs resulting in an additional claim or refund to City, in July. City shall pay each claim within fifteen (15) days after receipt thereof. The County shall allow a credit in the amount of the Structural Fire taxes as determined by County to be collected in each Fiscal Year of this Agreement. The allowed credit shall not exceed the cost of contracted services. C. Any change of the salaries or expenses set forth in said Exhibit "A" made necessary by action of the Legislature or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented therein or as said Exhibit 2 "A". There shall be no obligation on the part of the City to expend or appropriate any sum in excess of the total of Exhibit "A" which exceeds the appropriation of the City for the purposes of the Agreement. If within thirty (30) days after notice in writing from the County to the City that the actual cost of maintaining the services specified in Exhibit "A" as a result of Legislative or other action has failed to agree to make available the necessary additional funds, the County shall have the right to reduce said services by a like amount and shall promptly notify the City specifying the services to be reduced. If City desires to add funds to the total included herein to cover the cost of increased salaries or services, such increase shall be accomplished by an amendment to this Agreement approved by the parties hereto. IV HOLDING OVER A. The initial term of this Agreement shall be from July 1, 2002 to June 30, 2005. Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto twelve(12)months prior to the expiration of the term hereof. In no event shall this Agreement be terminated by either party prior to June 30, 2003. If no written notice of termination is received by either party prior to June 30, 2005, this Agreement shall be automatically renewed at the same level of service, but at the level of expense in effect for the year of renewal, and otherwise on the same terms and conditions herein specified, so far as applicable until: (1) A new Agreement is fully executed, or (2) Termination of the Agreement following one year prior written notice of termination, or (3) New Exhibit "A" is mutually agreed to by and between the parties. B. This Agreement may be terminated by mutual consent of the parties at any time after June 30, 2005. C. Nothing herein shall be constructed as excusing City's compliance with Government Code Section 25643. 3 {i C) V COOPERATIVE OPERATIONS All fire protection, rescue, and medical aid work contemplated under this Agreement shall be done by both parties to this Agreement working as one unit; therefore, personnel and equipment, regardless of whether they are included in Exhibit "A" may be temporarily dispatched elsewhere from time to time for mutual aid. Coverage will be provided to City following the County's standard move -up and cover procedures. VI MUTUAL AID When rendering mutual aid or assistance as authorized in Section 13050 and 13054, Health and Safety Code, the County may demand payment of charges and seek reimbursement of City costs for personnel as funded herein, under authority given by Section 13051 and 13054, Health and Safety Code. The County in seeking such reimbursement County shall represent City in following the procedures set forth in Section 13052, Health and Safety Code. Any recovery of City costs, less collection expenses, shall be credited to City. VII PROPERTY ACCOUNTING All personal property provided by City and by the County for the purpose of providing fire protection and rescue services under the terms of this Agreement shall be marked and accounted for by the County Fire Chief in such a manner as to conform to the standard operating procedure established by the County Fire Department for the segregation, care, and use of the respective property of each. VIII INDEMNIFICATION A. City shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the County by the 4 17) provisions of Section 895.32 of the Government Code of the State of California, and City shall defend at its expense, including attorneys fees, County, its officers, agents, employees and independent contractors in any legal actin or claim of any kind based upon such alleged acts of omissions. B. County shall indemnify and hold City, its officers, agency, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractor in any legal action or claim of any kind based upon such alleged acts or omissions. IX DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY CITY OF TEMECULA County Fire Chief City Manager 210 W. San Jacinto Ave. 43200 Business Park Dr. Perris, CA 92570 P.0 Box 9033 Temecula, CA 92590 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. X ENTIRE CONTRACT This contract is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior contemporaneous agreements and understandings, oral or written, in connection therewith. This contract may be terminated, changed, or modified only upon the written consent of the parties hereto. IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. Dated: b,LS_ of CITY OF TEMECULA By (a cs�� Ron Roberts, Mayor Dated: FORM APPROVED COUNTY COUNSEL JUL 2 9 2002 F:AGR\Temecula Agr ATTEST: Sus Cis ACWk .J nes,JCMC AS TO FORM: By Peter M. Thorson (j City Attorney COUNTY OF RIVERSIDE By 10 Chairman, Board of Supervisors BOB BUSTER ATTEST: GERALD A. MALONEY Clerk of the Board Qj i By O-WLg/ D by (S L) 6 -�//:")h'] 3. '� k/ FXHIBIT "A" AMENDED JULY 13, 2004 6/28/2004 05temcula CITY OF TEMECULA FIRE PROTECTION, FIRE PREVENTION & PARAMEDIC SERVICES COST ESTIMATE FOR FISCAL YEAR 2004/2005 WITH FFII MEDIC's for 7 MONTHS SERVICE DELIVERY COST CAPTAIN ENGINEERS STA. #12 301,504 128,530 1 220,952 2 STA.#73 301,504 220,952 2 (Truck Co.) 385,591 3 331,428 3 STA. #84 301,504 128,530 1 220,952 2 STA. #92 301,504 128,530 1 220.952 2 6 11 SUBTOTAL STAFF COUNT SUBTOTAL STAFF COST FIRE ENGINE USE AGREEMENT BATTALION CHIEF & FIRE MARSHALUBC FIRE CAPTAIN (DEP. FIRE MARSHALL) FIRE SAFETY SPEC. FIRE SYSTEMS INSPEC . ■ r-THM CAPTAIN FAE FF II FF II's MEDIC MEDIC MEDIC TOTAL 190,392 2 328,023 3 1,169,400 8 380,784 4 374,412 3 328.023 3 1,605,674 12 571,176 6 1,288,195 12 475,980 5 143,534 1 249,608 2 328,023 3 1,848,130 14 190,392 2 328,023 3 1,169,400 a TOTAL STAFF SUBTOTAL TOTAL ESTIMATED CITY BUDGET ESTIMATED TEMECULA FIRE TAX CREDIT FACILITY USAGE CREDIT NET ESTIMATED CITY BUDGET 19 1 5 12 14,750 each engine 171,120 each 128,530 each 77,553 each 59,316 each 54 7,080,800 59,000 4 342,240 2 128,530 1 387.765 5 118,632 2 64 8,116,967 (4,082,653) (40,450) 2 3,993,864 "TAX CREDIT: FIRE TAXES 3,504,203 REDEV. TAXES 578,450 TOTAL 4,082,653 " No utilities, facility maint., appliances, furnishings, or prop. Insurance at #84 & # 92. These items are paid directly by the City or the cost- shared with the State. ITEM 19 APPROVAL CITY ATTORNEY DIRECTOR OF F CE CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Man DATE: July 13, 2004 SUBJECT: FY2004-05 Economic Development ODerati RECOMMENDATION: 1) That the City Council approve the operating/marketing agreements and authorize the Mayor to execute the agreements with the following organizations: a) The Temecula Valley Chamber of Commerce in the amount of $148,000. b) The Economic Development Corporation of Southwest Riverside County in the amount of $22,500. c) The Southwest California Economic Alliance two-year contract in the amount of $150,000 allocating $75,000 for FY2004 '05 and $75,000 for FY2005-'06 (subject to Cities' and County satisfaction). BACKGROUND: For a number of years, the City has had a philosophy of partnering with other agencies to lend synergy to our economic development efforts. The Economic Development Subcommittee, consisting of Councilmembers Jeff Comerchero and Ron Roberts, and Staff met to discuss the Economic Development funding requests on March 30, 2004. The subcommittee's recommendations were incorporated in the City's FY 2004-05 Operating Budget, which was approved by the City Council on Tuesday, June 8, 2004. Each organization has provided a summary of materials including their work plan, financials and services that they provide (see Attachment A). Also, attached are operating/marketing agreements for each organization for the FY2004-05 term. Funding of each of their programs will be allocated as follows: Temecula Valley Chamber of Commerce $148,000 Economic Development Corporation of Southwest Riverside County $ 22,500 `Southwest California Economic Alliance — FY2004-05 75,000 Total $245,500 These agencies and their recommended programs, which are funded for FY2004/05 are as outlined in this report. 'Note: The Economic Alliance is a two-year agreement with $75,000 budgeted for FY2004-05 and $75,000 budgeted for FY2005-06 subject to Cities and County satisfaction. USan3lc1ty manager\Wolnickg\Agendareports\2004-05 ED Operating Agreements.doc 1 Temecula Vallev, Chamber of Commerce The mission of the Chamber is to promote the economic environment of all member businesses and by so doing, support the programs, which preserve and improve the quality of life. The Chamber primarily supports the area's small business community, as well as provides walk- in visitor and tourist information. In addition, the Chamber responds to relocation and business inquiries and sends corresponding information to prospective visitors, residents and potential businesses. The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides avenues for businesses to promote their products and services. The Chamber serves as a representative for business legislative issues that affect the overall welfare of the Chamber Membership. In cooperation with the School District, the Chamber plans, coordinates and assists in programs that foster and encourage a viable working partnership among businesses, educators and students. The Chamber has initiated a Leadership Development Academy Program, a diversified performance improvement program, designed to enhance business capabilities in not just the business sector but also grow leadership skills for participation in the civic arena. The Chamber serves as an informational resource center for members and the community at large. They provide the community and visitors with a new state of the art Chamber facility and have expanded its tourism services through a Convention & Visitors Bureau (CVB). The CVB responds to requests for tourism, coordinates FAM tours, attends tourism trade shows and will provide booking services. The Chamber is made up of over 1,450 members and has represented the interests of the local business community. The Chamber received $148,000 for FY 2003-04. The Chamber's request in the amount of $148,000 was budgeted in the FY 2004-05 Operating Budget. Economic Development Corporation of Southwest Riverside County The EDC is a public/private non-profit organization serving cities and unincorporated communities within the Southwest Riverside County area. The mission of the Economic Development Corporation of Southwest Riverside County is to maximize the region's economic development assets by delivering a wide range of development resources and action programs. Such development resources and action programs will support significant, high -quality business expansion, retention, and development throughout the region. The vision of The Economic Development Corporation of Southwest Riverside County is dedicated to utilizing the region's human, financial, capital, educational, governmental, and natural resources to help build sustainable long-term community wealth in Southwest Riverside County through regional partnerships. The Southwest Riverside County Manufacturers' Council has recently merged into the EDCSWRC organization. This will further the efforts of the business retention and expansion program by developing relationships within the manufacturing community and providing forums for information gathering and sharing. The merger with the Manufacturer's Council will provide 6San3tity manager\WolnickgWgendareports\20g4-05 ED Operetlng Agreements.doc 2 inroads for the EDCSWRC to work with our universities and community colleges on vocational training. The EDC approved a regional strategic plan in February 2003 in cooperation with the Southwest California Economic Alliance, cities of Temecula, Murrieta, & Lake Elsinore, the County of Riverside, public and private businesses and interested citizens. As a result of the regional strategic plan, the EDC created the following action committees that meet monthly: Business Attraction Advisory Committee, Education Action Committee, Government Action Committee, Transportation & Infrastructure Action Committee and Manufacturing Action Committee. The EDC hosts the Loopnet site, which provides links that will allow users to search the Southwest Riverside County area for available commercial property. Contact information is provided for the Brokers handling the property. The Visitation Program, conducted by the EDC's Business Relations Committee, is very successful. Temecula's Business Retention Program includes 2 - 4 site visitations to local businesses per month. Businesses are contacted by phone, survey or personal visits. EDC members, City staff, Chamber members and volunteers visit local businesses. Information is compiled after each visit, which is utilized in the City's retention efforts. During visits, information on labor/education needs and available training programs that can be utilized as well as business issues relating to city services, permits and city programs are also discussed. The EDCSWRC received $22,500 for FY 2003-04. The EDCSWRC's request of $22,500 was budgeted in the FY 2004-05 Operating Budget. This will provide funding for the operations of the organization including business retention/development programs, a newsletter, and quarterly informational luncheon meetings. Southwest California Economic Alliance Since 1999, the cities of Temecula, Mumeta, Lake Elsinore and Riverside County have partnered to market Southwest Riverside County through the Southwest Riverside County Economic Alliance. As a result of a destination branding process that took place during FY2003 —'04, all partners agreed to a formal name change of the organization to Southwest California Economic Alliance. The goal of the Economic Alliance is to stimulate economic development within the Southwest region targeting larger companies in the high-technology, biotechnology and telecommunications industries, which will in turn create high -paying jobs and thus expand the region's tax base. The Alliance provides marketing services to the member cities and unincorporated county area in an effort to enhance the image of this region and stimulate private investment and job creation to this economy. This business attraction partnership allows Temecula to leverage its funds with other agencies for this regional effort. Attached is an agreement that provides for a two-year extension of this program. Under this concept, the marketing program for each year will consist of advertising, marketing materials, business attraction/retention, trade show attendance, and organize a two or three day familiarization event inviting business decision makers, site selectors, developers and venture capitalists to the region. In addition to these activities, the Alliance GIS system has been expanded to serve our region, which has enhanced the area's site selection and business attraction efforts. A regional job database has been recently developed on the Alliance website. Companies are able to submit job posting information into a format that lists position, salary, type, location, contact, home, fax, summary, special information and qualifications necessary. Other services also provided by Riverside County under this agreement would include: X1San3t ty manager\Wdnickg\Agendareports\2004-05 ED Operatlng AgreementsAm 14 • One (1) County staff representative • Facility for County representative • Equipment • Transportation • Supervision • Expertise in the marketing field Costs of this program will be allocated as follows: FY2004-2005 Riverside County $150,000 (estimated value of staff, space and expenses) City of Temecula $ 75,000 City of Mumeta $ 50,000 City of Lake Elsinore 25,000 Total FY2005-2006 Riverside County $150,000 (estimated value of staff, space and expenses) City of Temecula $ 75,000 City of Mumeta $ 50,000 City of Lake Elsinore 25,000 Total The County of Riverside will not use in excess of 15% of funds for additional personnel costs and will use the funds for the direct marketing activities listed in the Marketing Program outlined in the attached agreement. The Alliance received $75,000 for FY 2003-04. The Alliance request in the amount of $75,000 was budgeted in the FY 2004-05 Operating Budget. FISCAL IMPACT: Appropriate funding for the organizations is available in the FY 2004-05 Economic Development Department Operating Budget #001-111-999-5264. ATTACHMENTS: 1A Temecula Valley Chamber of Commerce Support Information 1 B City/Chamber Operating Agreement 2A Economic Development Corporation of Southwest Riverside County Support Information 213 City/Economic Development Corporation of Southwest Riverside County Operating Agreement 3A Southwest Riverside County Economic Alliance Support Information 3B City/Southwest Riverside County Economic Alliance Marketing Agreement \NSan3tity manager\WolnickgAgendareportsk200405 ED Operating Agreements.doc d ATTACHMENT IA CHAMBER OF COMMERCE SUPPORT INFORMATION \\SarOC4 manager\WolnickgWgendareports\200405 ED Operating Agreements.doc 5 CITY OF TEMECULA Fiscal Year 2004-05 ECONOMIC DEVELOPMENT FUNDING PROGRAM APPLICATION J FOR PROFESSIONAL ORGANIZATIONS (Please Print or Type) —`lt* ' 14R Fiscal Year Funding: 9004/9005 O17)'y� 8?004 ORF Gkh Organization Name: Temecula Valley Chamber of Commerce Amount Requested: $148, 000 Amount Received From City In Prior Year: $148 , 000 ORGANIZATION DATA: Name of Organization: Temecula Valley Chamber of Commerce Contact Name: Alice Sullivan Title/Position: President/CEO Mailing Address:26790 Ynez Court, Suite A Temecula, CA 92591 ! 1 Telephone: (909) 676-5090 Fax:694-0201 E-mail:Asullivan@temecula.org 1 Size of Organization: Staff 10 Board Members 15 Membership 1, 457 State the number of years that your organization has provided services benefiting the community. 38 How many years has the City of Temecula sponsored your organization? 13 Is this organization incorporated in California as a non-profit organization? Yes x No If "yes" — Date of incorporation as a non-profit: A„gust 966 Is your organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? Does your organization make its event available to all? Yes x No FINANCIAL STATEMENTS Application Page 2 This Page Must Be Completed And Submitted (Based on your organization's last fiscal year) This form serves as a guideline of the financial information requested. If your organization has financial statements (balance sheet & income statement) please attach. In addition, please attach the organization's current budget for the organization. Balance Sheet as of September 30 2003 Audited: Yes _ No Cur ently in the Audit process Assets Liabilities & Fund Balance Cash and Investments $ 190 319 Current Payables $11, 667 Receivables (detail) Notes Payable 839,124 Inventory Fund Balance 595 986 Fixed Assets 990,000 Other Assets 266 459 Total Liabilities & Total Assets 1,446,778 Fund Balance 1 12446, 778 , ) Income Statement for the Year Ended June 30, 2003 Fiscal year ending 9/30/2003 Audited: Yes _ No _ Currently in the audit process Income Expenses Fundraising $ Salaries $ 31 R 499 Events — luncheons $ Zn_. 42 Grants $ Operating Expenses $ L a&, Lo_ Membership — Cash $ 2Rr 2 i 2 Rent/Mortgage $ a6 U2__ -In Kind $ City Funds $ t 4R 000 Other Expenses $126.46 5 Other Sources $_ I.Q2 0 Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. l Questions I Application Page 3 How will your organization use the funding awarded? The TVCC Chamber will continue to focus on providing programs, which help the business community flourish, creating a strong economic base for the City of Temecula and the region. Professional Organization 1. Describe your organization, goals, operations, and activities and how it benefits the economic development of Temecula? Mission Statement: The Mission of the Temecula Valley Chamber of Commerce is to Promote the economic environment of all member businesses and by doing so support the programs which Preserve and improve the quality of life Goals: To encourage the growth of existing member industries and businesses To assist any legitimate firms or individuals seeking to locate in the Temecula Valley. To serve as a responsible representative for all business legislation and activity that affects the overall welfare of our members. To serve as an informational resource center for members, the community at large. To continue to coordinate the State of the City Address Annual Installation Event & Business of the Year Programs, Economic Outlook Conference Leadership Development Academy Program, Member to Member Discount Program Worker's Compensation Forum, Business Showcase Shop Temecula First Campaigns (two month -long campaigns and an awareness program throughout the entire year), Networking events Legislative Updates Tourism & Convention Bureau coordinate FAM Tours, attend tourism trade shows, visitor guides distribution & tourism information, city maps, relocation guides homes & rental information website newsletters, e-commerce News and the 2004 business resource guide and business directory. 2. Does your organization submit to Staff the required information, monthly reports, financials, etc. on time? Yes 3. Explain how your organization has worked well with the community to achieve your goals? As one of the major goals of the Chamber to the business community, the TVCC offers meeting space to SCORE representatives to offer counseling services to newly starting businesses and businesses wishing to expand We will be increasing this service by offering meeting space for counseling from the Small Business Development Department. We continually monitor legislative issues of importance to our members and the residents of Temecula and activelv strive to inform them when key issues arise I 4. Please describe your financial reporting? The TVCC operates on a modified cash basis. An independent accounting firm compiles our financial information and provides statements of financial position and activity to the Board of Directors for their review on a monthly basis The TVCC is currently in the process of completing a financial audit performed by an independent accountancy firm. 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the organization's accomplishments. Are there any notable operations and/or program changes? If so, please explain. We will be initiating a Leadership Development Academy Program a diversified performance improvement program, designed to enhance business capabilities in not lust the business sector but also grow leadership skills for participation in the civic arena. The Education Committee has created a diversity awareness program to assist in eliminating stereotypes and encourage tolerance of different ethnical customs and interests. In December the Local Business Promotions committee completed the process of Producing 1,000 "Succeeding In Temecula" Business Resource DVD in which local business leaders offered an interactive mentoring Program The Chamber published 10,000 Business Resource Guides and Business Directories The guide offers a wealth of information on shopping entertainment Temecula history, economic profile and Chamber member directory. TVCC Monthly Newsletter — The newsletter is distributed to the business membership We have also added a new monthly e-commerce Newsletter for the businesses This newsletter has been very successful at keeping the membership up to date on current issues and Programs The Chamber's website continues to receive great reviews The Government Action Committee coordinated a legislative Advocacy Policy, which will assist us in tracking legislation that is of key importance to our business members The TVCC strives to remain relevant in changing times. These are a few of the past and newly formed Programs we have implemented throughout the year. SIGNATURE PAGE Application Page 4 We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By. President or EST, Alice Sullivan, President/CEO Suite A (909) 676-5090 or er of commerce Temecula, CA 92591 (Mailing Address -'of 2004 Mail Completed Applications to: Or Deliver in Person to: City of Temecula Economic Development Funding Program James B. O'Grady, Assistant City Manager Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Economic Development Funding Program James B. O'Grady, Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 \\San3\city maoagerWolnickgWpplications\E.D. Fanding Program - Special Evems.doc CITY OF TEMECULA Fiscal Year 2004-05 ECONOMIC DEVELOPMENT FUNDING PROGRAM APPLICATION FOR PROFESSIONAL ORGANIZATIONS (Please Print or Type) Fiscal Year Funding: 2004 / 2005 Organization Name: Temecula Valley Convention & Visitors Bureau Amount Requested: L50,000 Amount Received From City In Prior Year: 0 ORGANIZATION DATA: Name of Organization: Temecula Valley Convention & Visitors Bureau COntaCt Name: Alice Sullivan Title/Position: President/CEO Mailing Address: 26790 Ynez Court, Suite A j Telephone: (909)676-5090 Fax:(909)694�0201 E-mail: asullivan@temecula.org ` Size of Organization: Staff 2 Board Members Membership 127 State the number of years that your organization has provided services benefiting the community. *S;nra 1989 under the umbrella of the Chamber as the Tourism & Visitors Council. How many years has the City of Temecula sponsored your organization? 0 Is this organization incorporated in California as a non-profit organization? Yes x No If "yes" — Date of incorporation as a non-profit: 1266 Is your organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? Does your organization make its event available to all? Yes x No Application Page 3 Event: 1. Describe your organization, goals, operations, and activities and how it benefits the economic development of Temecula? Mission Statement: The mission of the Temecula Valley Convention and Visitor Bureau is to stimulate economic growth and tourism by developing expanding and marketing our destination to conventions, meetings and leisure travel markets By collecting tourism research data and actively booking travel to the area the organization will be able to better assist current and Goals: To encourage potential tourism based businesses to come to Temecula and existing members to expand their business. Will provide booking services marketing, and promotional materials which will highlight tourism related businesses in the area and increase the local occupancy rate. 2. Does your organization submit to Staff the required information, monthly reports, financials, ect. on time? Yes X No 3. Explain how your organization has worked well with the community to achieve your goals? Since the conception of the Tourism & Visitors Council, the committee has grown to a current 127 members consisting of tourism -based, tourism -related, and non- profit organizations meeting monthly at different tourism venues discussing Lip -to- date tourism issues, events, and network. 4. Please describe your financial reporting? The TVCVB operates on a modified cash basis. An independent accountine firm complies our financial information and provides statements of financial position and activity to the Board of Directors for their review on a monthly basis. The TVCVB is currently in the process of completing a financial audit, performed by an independent accountancy firm 5. Not Applicable SIGNATURE PAGE Application Page 4 We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By. Suite A TITLE (Please Print or (Mailing Address of Organization) �� (909) 676-50 0 (Telephone) Marrh 18 z004 (Date) Mail Completed Applications to: Or Deliver In Person to: City of Temecula Economic Development Funding Program James B. O'Grady, Assistant City Manager Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Economic Development Funding Program James B. O'Grady, Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 VSan3bity manager\Wolnickg\APPlicafim\E.D. Funding Frogmm - Special Events.doc ATTACHMENT1B CITY/CHAMBER OF COMMERCE OPERATING AGREEMENT 1\San3lcity manager\Wolnickg\Agendareports1200405 ED Operating ggreements.doc R AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE This Agreement, made in triplicate, this 13th day of July, 2004, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY CHAMBER OF COMMERCE, a California nonprofit corporation (hereinafter referred to as "CHAMBER") with reference to the following facts which are acknowledged by each party as true and correct: RECITALS A. The City is desirous of promoting its advantages as a business, industrial, tourist and residential center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, tourist and business interests. B. The Chamber has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and serving a public purpose. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. Chamber shall undertake, during the 2004-2005 fiscal year, to carry on promotional activities on behalf of City and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carry on the promotional activities herein stated. 2. To promptly answer correspondence relative to the business, industrial, tourist and residential advantages and opportunities in the City of Temecula, and to disseminate information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Respond to legislative issues through the Chamber's Government Action Committee. Track legislation through the Legislative Advocacy Policy. 4. Offer meeting space to SCORE representatives to offer counseling services to newly starting and expanding businesses. Offer meeting space for counseling from the Small Business Development Department. 5. Assist in trade show and Familiarization Tour participation. \\San3\city m g"Molnickg\Sponsored Events\Chamber FY2004-05 Contr=.doc 6. Develop and execute marketing seminars. 7. Develop and provide travel booking services to the area. 8. To assist potential businesses in opening and relocating to Temecula. 9. To assist in the development and implementation of a citywide marketing plan to promote tourism and business expansion. 10. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in Temecula. 11. To support the City in all ways possible in the furtherance of the activities of the City of Temecula. 12. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not less than eight hours a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time President/CEO, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its industries, business activities and opportunities, residential advantages; and other matters of general public interest. 13. Retention Committee for community businesses to sustain and nurture existing businesses in Temecula. 14. Produce and update relocation packets for new residents. 15. Provide demographic information to interested individuals. 16. Organize events to promote goodwill in the City such as the Shop Temecula First Campaign, Legislative Summit, Business Showcase, State of the City Event (20 seats), Installation Event (20 seats), and Economic Outlook Conference (10 seats). 17. Maintain and update Chamber web site. 18. Update and reprint Visitor Guide, which will include a detailed Old Town Temecula section. The Chamber shall supply City with a minimum of 2,000 Visitor Guides for distribution at no cost to City. 19. Update and reprint City Maps. The Chamber shall supply City with a minimum of 2,000 City Maps for distribution at no cost to City. 20. Provide a Leadership Program to educate individuals on becoming leaders in the community regarding city, county and state offices. B. That in consideration of the services to be performed by Chamber for City, as set forth in paragraph 1 hereof, City hereby agrees to pay Chamber, during the term of this Agreement, \\San3\city manager\Wolnickg\Sponsored Events\Chamber FY2004-05 Contmctdoc 2 the sum of $148,000 for the fiscal year 2004-05, payable upon receipt of invoice quarterly beginning on execution of this Agreement. C. In the event the City of Temecula should desire any additional service, Chamber shall, upon request of City, furnish a proposal including an itemized statement of the estimated cost thereof, and the City of Temecula may modify or alter the proposal in its sole discretion or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof, by the City of Temecula and the Chamber, as herein provided, the City will pay to Chamber the cost thereof, and the Chamber shall perform the work. All money due for carrying out said plan or proposal shall be supported by a detailed statement of Chamber showing the basis of said claims, and certified by proper officers of Chamber. Chamber shall not be entitled to receive any compensation for its normal services or expenses. D. The President/CEO of the Chamber shall prepare and submit to the City Manager and Assistant City Manager a monthly written report specifying the activities of Chamber. Said report shall be prepared in a format acceptable to the City of Temecula and is requested by the second Friday of each month. E. Chamber agrees that it will defend, indemnify and hold the City and their respective elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of Chamber's acts or omissions or those of Chamber's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent allowed by law. F. Chamber shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive automobile and workers' compensation and employees' Liability Insurance in which the City of Temecula is the named insured or is named as an additional insured with the Chamber and shall furnish a Certificate of Liability Insurance to the City of Temecula. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall; 1. Include the City of Temecula as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, the Agreement. 2. Include the City of Temecula, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. 3. Provide the following minimum limits: A. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. B. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. \\San3\city manager\Wolnickg\Sponsored Events\Chamber FY2004-05 Contmctdoc 3 C. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4. The insurer shall agree to waive all rights of subrogation against the Agency, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 5. Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 6. Any deductible or self -insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self -insured retention as respects the City, its officers, officials and employees; or the Chamber shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. G. Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. H. This Agreement shall be effective for the fiscal year commencing July 1, 2004, and terminating June 30, 2005. I. This Agreement may be terminated by either party upon thirty (30) days written notice with any sums due and payable hereunder. \\San3\city manager\Wolnickg\Sponsored Events\Chamber FY2004-05 Contmadoc 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney \\San3\city manager\Wolnickg\Sponsored Events\Chamber FY2004-05 Contmadoc TEMECULA VALLEY CHAMBER OF COMMERCE Pamela Voit Chairman of the Board Alice Sullivan President/CEO Janese Reyes Treasurer Katherine Bailey Secretary Agency Information Temecula Valley Chamber of Commerce 26790 Ynez Court Temecula, CA 92591 (909)676-5090 ATTACHMENT 2A ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY SUPPORT INFORMATION Man3tity managerWolnickg\Agendareports\200405 ED Operating Agreements.doc 7 OFFICERS Dennis Frank UC Riserride Extension President sionth Johnson Oaks National Bank Vice President Phil Oberhansley, Esq. Camron Parks &Oberbansley Senettny Greg Prudhomme, CPA Kiebler, Pmalhomme & Company Treasurer EXECUTIVE COMMITTEE Marlene Best City Of lake Elsinore Ben Carlisle Guidant Corporation Jeff Comerchem City ofTcmttula Stevie Field Rhenide County EDA Gary George Vedwn Scott Hurst Prnoieal)wgn Consultants, Inc. Lori Moss Gry ofMunieta Jim O'Grady Gty ofTemeorla Joan Sparkman Temeoda Vaag Bank IRECTORS-AT-LARGE arik Cascuid California Bank & Trust Scott Crane Southwest Htaltheare System Mike Doblado, The Pmmenade In Temeeula Maryann Edwards Temenvla Vallcy Unified School Distract Kimberly Freize-Uhler Rambo Pbynml Therapy Stan Harter Mir" Edwards Cannon Harter & Isrvin Bruce Keeton Keeton Construdion Doug Misemer Temeoda Va&g Drywall, Inc / Timberlake Panting Melanie Neiman Eastern Munidpal Water District Rex Oliver Mterrieta Cbamber ofConvirm David Phares D.l- Phaees &Assodates Peter Rosen Ronan Real Estate Harry Shank Southwest Commurdty Bank Gary Youmans f-4mmunity National Bank tier Ziemer xte Gar Gmpapt EXECUTIVE DIRECTOR EDCwCounty Southwest Riversid March 17, 2004 Jim O'Grady City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: FUNDING REQUEST FOR FY 2004-05 Dear Jim: RECEIVE® MAR 18 2004 ECONOMIC DEVELOPMENT The Economic Development Corporation of Southwest Riverside County (EDC) is pleased to submit for your review the organization's current operating budget for FY 2003-04, financial statements ending June 30, 2003, and Summary of Activities FY 2003-04. Our funding request in the amount of Twenty -Two Thousand, Five Hundred dollars ($22,500) is reflected in the draft budget as anticipated revenue from the City of Temecula. We hope to secure the funding in July 2004, which coincides with a planned membership campaign. There are no anticipated changes to the existing contract between the City and EDCSWRC. Scope of services will continue with business relations and development, community outreach, and education programs. Additionally, a strategic plan for regional economic development is included in the EDC's scope of services. Staff will continue further education in economic development to allow greater advancement of the organization's new mission and vision. Thank you for considering this request. We look forward to meeting with the Economic Development Subcommittee in April. Respectfully, lane Sessions Executive Director cc: EDC Board of Directors encl.: City of Temecula Funding Request Application Post Office Box 1388 27447 Enterprise Circle West, Suite x101 • Temecula, CA 92593-1388 Office 909/600-6064 FAX 909/600-6005 • Email info®edc-swrc.org • www.edc-swm.org CITY OF TEMECULA Fiscal Year 2004-05 ECONOMIC DEVELOPMENT FUNDING PROGRAM APPLICATION FOR PROFESSIONAL ORGANIZATIONS (Please Print or Type) Fiscal Year Funding: 2004 - 2005 Organization Name: Economic Development Corporation of Southwest Riverside County Amount Requested: $ 2 2, 5 0 0 Amount Received From City In Prior Year: $ 2 2, 5 0 0 ORGANIZATION DATA: Temecula Valley Economic Development Corporation Name of Organization: d/b/a Economic Development Corporation of Southwest Riverside County Contact Name: Diane Sessions Title/Position: Executive Director Mailing Address: P.O. Box 1388 Temecula. Ch 92593 Telephone: 909-600-6064 Fax:909-600-6005E-mail:dsessions@edc-swrc.org Size of Organization: Staff 2 Board Members 27 Membership 4 9 State the number of years that your organization has provided services benefiting the community. 14 How many years has the City of Temecula sponsored your organization? 13 Is this organization incorporated in California as a non-profit organization? Yes x No If "yes" - Date of incorporation as a non-profit: June 13, 19 9 0 Is your organization free from discrimination based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation? Does your organization make its event available to all? Yes x No FINANCIAL STATEMENTS Application Page 2 This Pace Must Be Completed And Submitted (Based on your organization's last fiscal year) This form serves as a guideline of the financial information requested. If your organization has financial statements (balance sheet & income statement) please attach. In addition, please attach the organization's current budget for the organization. Balance Sheet as of June 30, 2003 Audited: Yes No X Assets Liabilities & Fund Balance Cash and Investments $ 78,716 Current Payables $ 0 Receivables (detail) 0 Notes Payable 0 Inventory 0 Fund Balance 78 P 716 Fixed Assets Other Assets Total Assets 78,716 Income Statement for the Year Ended June 30, 2003 Audited: Yes No x Income Total Liabilities & Fund Balance $78, 71 6 Expenses Fundraising $ 27 F 308 Salaries $ sa PnSO Events — luncheons $ 4,510 Grants $ Operating Expenses $ 15,260 Membership —Cash $ 62,307 * Rent/Mortgage $ 11 ,507 -In Kind $ 2,480 (Accounting & Storage) City Funds $ 20,000 Other Expenses $ 25,090 Other Sources $ 3,990 * Please note with an asterisk (*) any amounts that require additional explanation, and comment on these items. Membership - Cash $40,800 Other Sources Other Expenses r " tes of Lake Elsinore 10,000 Interest $ 711 Insurance $ 1,641 ! ,and Murrieta Miscellaneous 270 Membership 1,178 Rr6erside County 11,507 Strategic Plan Project 3,009 Quarterly Lunch 5,171 $62,307 $3,990 Golf Tournament 12,523 Strategic Plan Project 4,577 $25,090 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY BALANCE SHEET JUNE 30, 2003 ASSETS CURRENT ASSETS Cash in checking - Calif Bank & Trust $ 698 Money Market - Calif Bank & Trust 78,018 Prepaid expenses - TOTAL CURRENT ASSETS PROPERTY & EQUIPMENT Equipment Less :Accumulated Depreciation NET PROPERTY AND EQUIPMENT TOTAL ASSETS LIABILITIES AND FUND BALANCES ( 1 FUND BALANCE / Fund balance, beginning Excess (deficit) of revenues over expenses TOTAL FUND BALANCE TOTAL LIABILITIES AND FUND BALANCE $ 78,716 16,076 (16,076) 0.00 $ 78,716 $ 68,028 10,688 78,716 $ 78,716 Months 12 Percent 100% REVENUES Memberships - cash Memberships - in -kind services City contracts County contribution Special event revenue (golf) Quarterly luncheons Intererst Income Miscellaneous Income Strategic Plan Project TOTAL REVENUES EXPENSES PERSONNEL SERVICES Director Salary Director - Employer IRA Contrib. Payroll Taxes Workers' Comp Insurance Director - payroll services Director - temporary services Secretary - temporary services ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY STATEMENT OF REVENUES AND EXPENSES FOR THE MONTH AND TWELVE MONTHS ENDED JUNE 30, 2003 Current Year To Year To Variance Annual Balance Period Date Date Budget Remaining Budget 0 40,800 41.000 (200) 41,000 (200) 1,980 2,480 2.480 0 2,480 0 0 30.000 30.000 0 30.000 0 0 11,507 11,200 307 11,200 307 15,548 27,308 25,500 1.808 25,500 1,808 275 4,510 9.000 (4,490) 9,000 (4,490) 50 711 1,100 (389) 1,100 (389) 0 270 0 270 0 270 0 3,009 0 3,009 0 3,009 17,853 120,595 120,280 315 120,280 315 2,537 25,231 37,800 (12,569) 37,800 12,569 95 945 1,520 (575) 1.520 575 842 9.160 3,200 5,960 3,200 (5,960) 0 1,081 1.000 81 1,000 (81) 62 644 1,000 (357) 1,000 357 0 8,618 0 8,618 0 (8,618) 2,100 12,371 19,200 (6,829) 19.200 6,829 TOTAL PERSONNEL SERVICES 5,635 58,050 63,720 (5,670) 63,720 5,670 ADVERTISING/CONSULTING/INSURANCE Accounting 0 500 500 0 Soo 0 Advertising 0 0 200 (200) 200 200 Insurance -general 0 1,641 1,790 (149) 1,790 149 TOTAL ADVERTISING/CONSULTIN( 0 2,141 2,490 (349)- 2,490 349 DIRECT OPERATING EXPENSES Office Supplies Equipment & Repairs Telephone Postage PrinBng/oopying/binding Dues/memberships/subscriptions Website Conference/training/Workshops Travel Storage Rent Taxes & License Professional Fees Miscellaneous 168 981 1,500 (519) 1,500 519 450 450 300 150 300 (150) 349 1,819 1.800 19 1,800 (19) 37 1,222 2,000 (778) 2,000 778 0 2.891 1,500 1,391 1,500 (1,391) 0 884 800 84 800 (84) 177 2,367 2,900 (533) 2,900 533 42 145 1,000 (855) 1,000 855 63 514 500 14 500 (14) 1,980 1,980 1,980 0 1,980 0 971 11,507 11.200 307 11,200 (307) 0 10 150 (140) 150 140 0 0 200 (200) 200 200 0 1,497 740 757 740 (757) TOTAL DIRECT OPERATING EX 4,238 26,267 26.570 (303) 26,570 303 DIRECT PROGRAM EXPENSES Comments is new, members, 44 renewals) (Stamps $1,980/Acclirp $500) (CPI Mcresse as of 12102) (protected on 5 luncheons/held 3) (low Interest tales) (EDC became employer as of 9103) (as of 9A3 C 3%of mordhly salary) (1 lima ocasance In double lazes) (Temp. service from 711 - 8/31A3) (Payroll period from &11 an 6✓30) (new primer/copbrRaz machine) (used amen for primary delivery) (SWOT brochure & addinarel Unread) thew web basting service began=2) (Staff did not aaend any educ. classes) (CPI increase as of 12102) (mw computer & office equipment) Membership (drive, carts, frames) 16 1.178 1,500 (322) 1,500 322 Newsletter expense 0 0 2,500 (2,500) 2,500 2,500 Quarterly luncheons 33 5,171 9,000 (3,829) 9,000 3,829 (offset by s4,510 YTD rev.) 4581>) Golf tournament 11,863 12,523 14.500 (1,977) 14,500 1,977 (offset by$27.308 Yro rev.) -$14,785 Strategic Plan Project 0 4.577 0 4,577 0 (4,577) (offset by s3,009 Yro rev.) 41,56a> TOTAL DIRECT PROGRAM EXP 11,912 23,449 27,500 (4,051) 27,600 4,051 TOTALEXPENSES 21,784.38 109,907 120,280 (10,373) 120,280 10,373 )EXCESS (DEFICIT) OF REVENUES ./ OVER EXPENSES (3,931) 10,688 0 10,688 EDC SOUTHWEST RIVERSIDE COUNTY OPERATING BUDGET (amended 09-18-03) JULY 1, 2003 TO JUNE 30, 2004 Revenue Membership - Cash $ 46,000.00 Membership - In Kind Services $ 2,480.00 City Participation $ 35,000.00 City of Temecula -$22,500/CdyofMurtkW-$6,250/City of Lake Elsinore - $6,250 County Participation $ 12.000.00 Special Event Revenue (gold $ 27,800.00 Quarterly Luncheons $ 12,600.00 Interest Income $ 500.00 Special Projects $ - Miscellaneous Income $ - TOTALREVENUE $ 136,380.00 EXPENDITURES Personnel Services Director Salary $ 37,800.00 Director 401 K Contribution $ 1,150.00 Payroll Taxes $ 3,200.00 Workers' Comp $ 1,250.00 Director -payroll services $ 1,060.00 Secretary -temporary services $ 26,000.00 TOTAL PERSONNEL EXPENSES $70,460.00 Direct Operating Expenses Accounting $ 500.00 Advertising $ 200.00 i` Insurance $ 1,790.00 Office Supplies $ 1,500.00 Equipment repairs $ 300.00 Telephone $ 1,800.00 Postage $ 2,000.00 Printing/copying/binding $ 2,000.00 Duestmemberships $ 800.00 Website $ 2,900.00 Conferencettrainingworkshops $ 1,000.00 Travel $ 700.00 Storage $ 1,980.00 Rent $ 12,000.00 Taxes & License $ 150.00 Professional Fees $ 2,000.00 Miscellaneous Expenses $ 500.00 Total Direct Operating Expenses $32,120.00 Direct Program Expenses Membership Drive $ 1,500.00 Newsletter Expense $ 2,500.00 Quarterly Luncheons $ 12,600.00 Goff Tournament $ 13,700.00 Special Projects $ 3,500.00 Total Direct Program Expenses $33,800.00 TOTAL EXPENDITURES $ 136,380.00 EXCESS EXPENDITURES OVER REVENUE UESTIONS Application Page 3 Please respond to the following questions. Event 1. Describe your organization, goals, operations, and activities and how it benefits the economic development of Temecula? See Strategic Plan FY 2004-2005 2. Does your organization submit to Staff the required information, monthly reports, financials, etc. on time? Yes X No Explain how your organization has worked well with the community to achieve your goals? See Partnerships and Outreach in Summary of Activity 4. Please describe your financial reporting? Unaudited financial statements are prepared in-house and approved by the board treasurer who is a CPA. Funds have been set aside fora financial review. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the organization's accomplishments. Are there any notable operation and/or program changes? Ifso, please explain. See Summary of Activity SIGNATURE PAGE Application Page 4 We hereby certify the information contained in this application is true to the best of our knowledge and belief. Prepared By. Ex President or TITLE (Please Print or taignature) ki (Mailing Address of f 1 909-600-6064 J (Telephone) (Date) Mail Completed Applications to: Or Deliver In Person to: City of Temecula Economic Development Funding Program James B. O'Grady, Assistant City Manager Post Office Box 9033 Temecula, CA 92589-9033 City of Temecula Economic Development Funding Program James B. O'Grady, Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 \\San3\city manageAWolnickg\Applications\E.D. Funding Program - Special Events.doc EDqq ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY STRATEGIC PLAN FY 2004-2005 Executive Summary The EDC Strategic Plan was approved by the EDC Board of Directors on February 20, 2003 as a result of a regional strategic plan conference. The Board adopted a new organizational mission and vision statement on March 20, 2003. The plan focuses on six key economic development objectives, but is not limited to the following. The Board of Directors will have the authority to add or delete items as needed with Board approval. The key objectives are: 1. (a) Continue and expand EDC services through business retention and expansion of primary businesses in Southwest Riverside County. Primary businesses include but are not limited to commercial, industrial, manufacturing and professional industries. (b) Increase EDC identity through various methods such as routine press releases, newsletters, luncheons, and community announcements to create a source of public - information for businesses assistance. 2. Act as a "One Voice" advocate on the region's key business issues. Create a proactive synergy between the business community, public agencies, education and training facilitators, and economic development organizations in the region. 3. Support the Southwest California Economic Alliance in business attraction, regional branding and marketing efforts to attract high-technology, higher -wage companies to the region. 4. Act as a catalyst for streamlining the various government permit and planning entities in Southwest Riverside County. 5. Facilitate and support activities in higher education and skills -training for excellent workforce development. 6. Facilitate and support transportation and infrastructure projects such as water delivery and supply, Transportation Uniform Mitigation Fees, utilities, recreational lakes, regional transportation corridors and air transport and delivery. Economic Development Corporation of Southwest Riverside County Implementation Plan FY 2004-2005 Page 2 of 2 In order to reach these objectives, the EDC must continue to create partnerships and expand its membership to better fund the efforts outlined above. Membership expansion will also attract additional expertise that the EDC can draw from to meet goals. Currently, membership is centered in the Temecula area; further membership from Murrieta and Lake Elsinore will be needed to meet the regional goals that are a part of this organization. This expansion will include civic and trade organizations that also have the common goal of building a strong economic business community. Southwest Riverside County needs the EDC to take a leadership role with the primary goal to advocate for greater economic and employment opportunities for businesses. The plan's success will ensure that businesses in the area will expand, new businesses will be attracted to the area, and more jobs will be generated. With new jobs created, the over-50% commuter population within Southwest Riverside County will find local employment. This will produce a favorable balance between an already desirable place to live and business environment that will support its residents. VJ ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY SUMMARY OF ACTIVITY Fiscal Year July 1, 2003 - June 30, 2004 (report as of March 18, 2004) Business Development • EDC responded to 65 business development leads generated by a variety of sources including referrals from the City of Temecula, City of Murrieta, City of Lake Elsinore, and requests generated by the EDC website, telephone and community outreach. Business Retention/Expansion • The Business Relations Committee has held 8 monthly meetings and has completed 17 visitations as of the date of this report. Survey data was collected in person and by telephone. Committee members have responded to eight requests for assistance from business owners on various business -related issues. • EDC is a partner agency in the Temecula Workforce Development Center (WDC) and actively participates in events and workshops related to employment development. Other WDC partners include Employment Development Department, Riverside County EDA, Southwest California Economic Alliance, University of Phoenix, Center for Employment �) Training, and Cal Works/G.A.I.N. ED Marketing/Outreach • EDC hosted three quarterly luncheons that provided discussions on: 1) Higher Education Center (8/28/03); 2) Proposed Tunnel to Orange County (10/30/03); and 3) Southwest California Destination Brand (1/30/04). • EDC emailed approximately 50 community event announcements related to regional economic development. • EDC submitted 1 economic development article to The Valley Business Journal. • EDC staff and/or directors participated in or attended regularly -held meetings and/or special events related to economic development: ➢ Chambers of Commerce (Lake Elsinore, Murrieta, Temecula) ➢ Employment Development Department Experience Unlimited Monthly Meeting — Staff was a presenter at the January 2004 meeting. ➢ Greater Riverside County Chamber of Commerce Legislative Summit ➢ Joint Chambers Legislative Summit ➢ Lake Elsinore State of the City Address ➢ Lake Elsinore Study Sessions on the MSHCP ➢ Lake Elsinore Council Meeting ➢ Lake Elsinore Valley Chamber of Commerce EDC "Connections" — Diane Sessions was a presenter, along with Stevie Field, at the March It, 2004 luncheon. ➢ Mt. San Jacinto Community College Master Plan Charrette ➢ Murrieta Brokers' Meetings ➢ Murrieta City Council Meeting ➢ Murrieta Chamber's Annual Golf Tournament (volunteer) EDC of Southwest Riverside County Summary of Activity Report — FY 03-04 ( Page 2 of 4 ED MarketinaJOutreach (continued) ➢ Murrieta-Temecula Group ➢ Murrieta Valley High School Career Development Advisory Committee ➢ Professional Women's Roundtable — Southwest Riverside County ➢ Rancho Springs Medical Center Groundbreaking Ceremony ➢ Riverside County Strategic Planning Meeting with Michael Bracken ➢ SANDAG Interregional Jobs/Housing Project — Technical Working Group member ➢ San Diego Regional Water Quality Board — Public Hearing on MS4 permit ➢ Southwest California Economic Alliance partner meetings ➢ State of the Inland Empire ➢ Susan G. Komen Race for the Cure Committee ➢ Temecula Noon Rotary ➢ Temecula Chamber Partnership in Education — Staff serves as committee secretary committee and is chair of the Career Day Subcommittee ➢ Temecula Chamber various planning committees ➢ Temecula State of the City Address ➢ Temecula Storm Water Runoff & MS4 Permit Workshop ➢ TVUSD Board Meeting — special presentation to the Board ➢ TVUSD — Carl Perkins Grant Application Approval Committee ➢ TVUSD School Dedication — Erle Stanley Middle School ➢ United Way of the Inland Valleys ➢ Valley EDC Annual Meeting and Open House EDC Business Attraction Advisory Committee • The EDC Business Attraction Committee meets as an Ad Hoc committee and continues to support business attraction and marketing efforts in Southwest California. EDC Education Action Committee • The EDC Education Committee is focused on the following issues: 1) Higher Education Center; 2) legislative issues on education; 3) aptitude testing of high school and college students to match skills with employers; and 4) "Intro to College" courses for high school student into colleges. EDC Government Action Committee • The EDC GAC recently changed its structure from an action committee to an Ad Hoc committee. It has recently joined efforts with the Joint Chamber's Government Action Committee. Current focus is on Workers' Compensation Reform. EDC of Southwest Riverside County Summary of Activity Report — FY 03-04 Page 3 of 4 EDC Transportation and Infrastructure Action Committee • The EDC T&I Committee is focused on the following issues: 1) Study on regional telecommunications infrastructure and implementation plan; 2) Improvements on Hwy 79 North & South and other major transportation corridors; 3) Proposed "Tunnel" to Orange County; 4) March JPA and French Valley Airport; and 4) "remote worker" project as it relates to local residents who commute to San Diego jobs. EDC Oreanization / Administration • EDC employs one full-time Executive Director and two part-time administrative staff. • EDC continues to move toward accomplishing the goals and objectives set in its 3-year strategic plan for regional economic development. • The following action committees meet each month: Government, Education, Transportation & Infrastructure, and Business Attraction. Each committee has conducted 8 monthly meetings to date. • EDC Business Attraction Advisory Committee was influential in developing the new destination brand "Southwest Riverside County. The EDC continues to support the efforts of the Southwest California Economic Alliance. • The EDC Board of Directors recently conducted an annual review of the Strategic Plan and noted that 100% of the short-term goals (3-6 mos.) have been met, 62% of the mid-term goals (6-12 mos.) have been met, and 66% of long-term goals (12+ mos.) have been started and are in progress. • EDC will host its 10a' Annual Golf Tournament on Friday, June 11, 2004. The annual golf tournament is the EDC's major fundraising event. Last year's annual tournament exceeded revenue goals by $3,800. • EDC is a partner in the County of Riverside Workforce Development Center. • EDC held 8 general Board of Directors meetings to date, which are held monthly on the third Thursday at 9:00 a.m. in the Temecula Workforce Development Center. • The Board of Directors took action and/or authorized position letters on 10 regional issues: ➢ Support the "Tunnel to Orange County" concept ➢ Support development of the Higher Education Center ➢ Support a statewide ballot initiative to preserve cities' tax funds from state appropriation ➢ Oppose SBA 7(a) loan cap ➢ Support continued PUC funding of utilities' small business energy -efficiency programs ➢ Oppose the County's lease termination with MWD to operate Lake Skinner ➢ Support consideration of a name change of French Valley Regional Airport to reflect Southwest California ➢ Support the merger of the Southwest Riverside County Manufacturers' Council and the EDC ➢ Support letter on behalf of Joan Sparkman to the California Community College Board of f Governors ➢ Support letter for grant funding of Murrieta Valley High School's Engineering and Technology Pathway Program EDC of Southwest Riverside County j Summary of Activity Report — FY 03-04 Page 4 of 4 EDC Partnerships • EDC is an affiliate with the following organizations: ➢ Employment Development Department ➢ Lake Elsinore Valley Chamber of Commerce ➢ Mt. San Jacinto College ➢ Murrieta Chamber of Commerce ➢ Murrieta-Temecula Group ➢ Murrieta Valley High School Career Development Advisory Committee ➢ March Joint Powers Authority ➢ Manufacturing Alliance of the Inland Empire ➢ Rotary Club of Temecula ➢ San Diego North EDC ➢ San Diego Association of Governments ➢ Southwest California Economic Alliance ➢ Southwest Riverside County Manufacturers' Council ➢ TVUSD - Temecula Partnership in Education ➢ Temecula Valley Chamber of Commerce ➢ ➢ UCR Connect UC Riverside ➢ United Way ➢ Valley EDC ➢ Western Riverside County Council of Governments ATTACHMENT 2B CITY/ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY OPERATING AGREEMENT \Zanftity manager\Wolnickg\Agendareports\200405 ED Operating Agreements.doc A AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY REGARDING THE PROVISION OF ECONOMIC DEVELOPMENT SERVICES This Agreement, made in triplicate, this 13th day of July, 2004, by and between the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and the TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY, a California nonprofit corporation (hereinafter referred to as "EDCSWRC") with reference to the following facts which are acknowledged by each party as true and correct: RECITALS A. The City is desirous of promoting its advantages as a business, industrial, and residential center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City") and its possibilities as such to residential, industrial, and business interests. B. The EDCSWRC has special knowledge, experience and facilities for accomplishing economic development activities. C. The City now desires to retain the EDCSWRC to accomplish various economic activities and the EDCSWRC is willing to be so retained pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: OPERATIVE PROVISIONS RESPONSIBILITIES OF THE EDCSWRC 1.1 The EDCSWRC shall undertake, during the 2004-05 fiscal year, to carry on the EDCSWRC's scope of services as listed in the attached executive summary (refer to Exhibit #1), which is attached to and made a part of this agreement. These services include business relations, business development, community outreach, and education programs. These duties may be adjusted from time to time as agreed upon by the EDCSWRC and the City. The Executive Director of the EDCSWRC shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of the EDCSWRC. Said report shall be prepared in a format acceptable to the City of Temecula and submitted to the City by the second Friday of each month. \\San3\city manager\Wolnickg\Sponsored Evetds\EDCSWRC Agreemerd 2003.doc 2. PAYMENT TO EDCSWRC 2.1 In consideration of the services to be performed by the EDCSWRC for the City as set forth in paragraph 1 hereof, the City hereby agrees to pay the EDCSWRC, the sum of $22,500. This shall be considered a payment for services rendered from July 1, 2004 through June 30, 2005. 2.2 In the event the City should desire any additional services, the EDCSWRC may, upon request of the City, furnish a proposal including, an itemized statement of the estimated cost thereof, and the City may modify or alter the proposal, or may reject the proposal in its entirety at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the final approval of any such proposal and execution thereof by the EDCSWRC and the City, as herein provided, the City will pay to the EDCSWRC the cost thereof and the EDCSWRC shall perform the services set forth in the proposal. All money due for carrying out said plan or proposal shall be supported by a detailed statement of the EDCSWRC showing the basis of said claims, and certified by proper officers of the EDCSWRC. 3. INDEMNIFICATION The EDCSWRC agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from claims for damage to persons or property by reason of the EDCSWRC's acts or omissions or those of the EDCSWRC's employees, officers, agents or invitees in connection with their services rendered hereunder to the maximum extent allowed by law. !IIIIIIIIIIIIIIIINMK OWIRTH11 The EDCSWRC shall secure from a good and responsible company or companies doing insurance business in the State of California, pay for and maintain in full force and effect for the duration of this Agreement a policy of workers compensation and employers' Liability Insurance in which the City is the named insured or is named as an additional insured with the EDCSWRC and shall furnish a Certificate of Liability Insurance to the City Manager of the City of Temecula before execution of this Agreement. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: 4.1 Include the City as the insured or named as an additional insured covering the services to be performed under this Agreement against all claims arising out of, or in connection with, the Agreement. 4.2 Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement. Provide the following minimum limits: A. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. \\San3\city manager\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc B. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. C. Workers' Compensation and Employers' Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4.3 The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. 4.4 Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City of Temecula shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before. 4.5 Any deductible or self -insured retention must be declared to and approved by the City of Temecula. At the option of the City, either the insurer shall reduce or eliminate such deductible or self -insured retention as respects the City, its officers, officials and employees; or the EDCSWRC shall procure a bond guaranteeing payment of losses and related investigation claim administration and defense expenses. 5. ATTORNEY'S FEES Should any litigation be commenced between the parties hereto concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition any other relief to which it may be entitled. TERM This Agreement shall be effective for the fiscal year commencing July 1, 2004, and terminating June 30, 2005. 6.1 This Agreement may be terminated for any reason, by either party upon thirty (30) days written notice with any sums due and payable hereunder for services actually performed. ENTIRE AGREEMENT This Agreement contains the entire understanding between the part obligations of the parties described in this Agreement. All prior or agreements, understandings, representations and statements, oral or writter this Agreement and shall be of no further force or effect. Each party is Agreement based solely upon the representations set forth herein and upon independent investigation of any and all facts such party deems material. \\San3\city managet\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc ies relating to the contemporaneous i, are merged into entering into this each party's own IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. 101WL01*9: 1di1:191 1 Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney \\San3\city n ger\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc TEMECULA VALLEY ECONOMIC DEVELOPMENT CORPORATION, doing business as the ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY Dennis Frank, President Phil Oberhansley, Secretary Agency Information Economic Development Corporation Of Southwest Riverside County P.O. Box 1388 Temecula, CA 92593-1388 rd EXHIBIT #1 EDCSWRC's Scope of Services \\San3\city manager\Wolnickg\Sponsored Events\EDCSWRC Agreement 2003.doc EDqq ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE COUNTY STRATEGIC PLAN FY 2004-2005 Executive Summary The EDC Strategic Plan was approved by the EDC Board of Directors on February 20, 2003 as a result of a regional strategic plan conference. The Board adopted a new organizational mission and vision statement on March 20, 2003. The plan focuses on six key economic development objectives, but is not limited to the following. The Board of Directors will have the authority to add or delete items as needed with Board approval. The key objectives are: 1. (a) Continue and expand EDC services through business retention and expansion of primary businesses in Southwest Riverside County. Primary businesses include but are not limited to commercial, industrial, manufacturing and professional industries. (b) Increase EDC identity through various methods such as routine press releases, newsletters, luncheons, and community announcements to create a source of public - l information for businesses assistance. �.J 2. Act as a "One Voice" advocate on the region's key business issues. Create a proactive synergy between the business community, public agencies, education and training facilitators, and economic development organizations in the region. 3. Support the Southwest California Economic Alliance in business attraction, regional branding and marketing efforts to attract high-technology, higher -wage companies to the region. 4. Act as a catalyst for streamlining the various government permit and planning entities in Southwest Riverside County. 5. Facilitate and support activities in higher education and skills -training for excellent workforce development. 6. Facilitate and support transportation and infrastructure projects such as water delivery and supply, Transportation Uniform Mitigation Fees, utilities, recreational lakes, regional transportation corridors and air transport and delivery. Economic Development Corporation of Southwest Riverside County Implementation Plan FY 2004-2005 Page 2 of 2 in order to reach these objectives, the EDC must continue to create partnerships and expand its membership to better fund the efforts outlined above. Membership expansion will also attract additional expertise that the EDC can draw from to meet goals. Currently, membership is centered in the Temecula area; further membership from Murrieta and Lake Elsinore will be needed to meet the regional goals that are a part of this organization. This expansion will include civic and trade organizations that also have the common goal of building a strong economic business community. Southwest Riverside County needs the EDC to take a leadership role with the primary goal to advocate for greater economic and employment opportunities for businesses. The plan's success will ensure that businesses in the area will expand, new businesses will be attracted to the area, and more jobs will be generated. With new jobs created, the over-50% commuter population within Southwest Riverside County will find local employment. This will produce a favorable balance between an already desirable place to live and business environment that will support its - residents. i ) 2 ATTACHMENT 3A SOUTHWEST CALIFORNIA ECONOMIC ALLIANCE SUPPORT INFORMATION \\San3\clty manager\Wolnickg\Agendareports\2004-05 ED Operating Agreements.doc q SOUTHWEST Lake Elsinore County of Riverside June 18, 2004 Dear Economic Alliance Partners: As a result of Alliance efforts, please find the following breakdown on projects for FY `03-`04 as of June 10, 2004. Alliance Success Stories: Five Five business decision makers have selected Southwest California as their new home. This has resulted in: • ➢ 324,000 s.f. of industrial space under construction ➢ 10 acres of land purchased ➢ 50 acres of land under Letter of Intent for future industrial development ➢ One office lease ➢ 100 new jobs* (manufacturing, sales, management and engineering) being created *This total does not rePect the State of California job index calculations or jobs created as a result of purchased land. The Alliance is assisting or has assisted these clients by some or all of the following: ➢ Site searches and tours ➢ Fast track permit processing ➢ Demographics ➢ Industrial Development Bonds ➢ Workforce Development • ➢ Liaison between city and/or County departments SOUTHWEST CALIFORNIA ECONOMIC ALLIANCE ' 27447 Enterprise Circle West, Temecula, CA 92590 Ph: (909) 600-6066 • Fax: (909) 600-6005 • Web: www.southwestcalifornia.com • E-mail: sfield@southwestcalifornia.com • Alliance leads: 67 For the purpose of this report, leads are defined by direct Alliance assistance requested by an interested business decision maker. This may include: ➢ Site searches and tours ➢ Demographics ➢ Industrial Development Bonds ➢ Workforce ➢ Specific city of County information ➢ Other Alliance inquiries: 42,010 For the purpose of this report, inquiries are defined as a trade show lead, web -site visitor, GIS visitor and/or direct mail campaign recipients. 15,504 Website 19,076 GIS • 6,400 (approx) direct mail campaigns 1,030 (approx) as a result of trade shows and conferences Destination Branding Campaign: In January 2004, the Alliance successfully launched its Southwest California destination branding campaign to over 160 key leaders in the region. As a result, several local organizations have adopted the name Southwest California, including the newly formed Southwest California Rotary Club and the Southwest California Leadership Council. News of the launch hit nationally, with news articles in Chicago, Florida, Yahoo! Europe, The Kiplinger Letter, EDpro News, Expansion Management, Site Selection Magazine, Inside ED newsletter, The Business Press, The Press Enterprise, The Californian, The Valley Business Journal, and CBS News Watch. n LJ • Trade shows: ➢ Bio 2003 (Biotechnology) ➢ Fall '03 CoreNet (Corporate Office Real Estate Network) ➢ FabTECH (Metal forming and Injection molding) MD&M (Medical Design & Manufacturing) ➢ IAMC (Industrial Asset Management Council) ➢ Spring '04 CoreNet (Corporate Office Real Estate Network) Resource materials: ➢ Demographic reports (3) ➢ *Presentation Folder/inserts ➢ *Letterhead/business cards ➢ *CD-ROM ➢ *Postcards for mailers ➢ **Resource Guide * As a result of the Southwest California destination branding effort, all Alliance • materials were reprinted with new logo and look. **This is available on the Alliance website at www.southwestealifomia.com Website/GIS The Alliance website and GIS also underwent some changes during the '03- '04 FY. Not only were all of the demographics updates, but a new look was developed as a result of the Southwest California branding effort. A new component will also be available in late June of '04. A job opportunities database will provide available job opportunities in the Southwest California region for those looking for employment in the technology, manufacuring or telecommunications industries. The second feature of this new addition will include a "Commuter Computer". This calculator will compute the time and cost spent communting to work each day. Information will include the cost of gasoline, wear and tear on a vehicle, and car insurance costs, all in accordance with calculations released by the Automobile Club. • Ad placements: The San Diego Daily Transcript Changing their "Looking Northward" section to "Southwest California" section. March 9`h issue - Technology and Biotech focus March 1 I" issue - Who's Who in Bio Technology March 15`h — 19`h - Economic Development Week March 18`h issue - place ad in Southwest California section March 19`h issue - place ad in Regional Overview section *The investment also includes a banner on the website for one year and 500 words of editorial with a picture. Orange County Business Journal is March 8`h issue - Top Real Estate Deals March 29`h issue - Special Report as well as a supplement on Technology and Telecom Solutions (supplement will give us advertorial) San Diego Business Journal - March 10`h issue - Supplement on Technology Update (with advertorial) March 17`h issue - Commercial Real Estate focus LA Business Journal - May 4`h issue - Advertising supplement on Corporate Expansion and Relocation (with advertorial) Site Selection Magazine - Full Page, Full color Ad May issue- Theme and feature - Economic Developers Directory, State Spotlight - Southern California • Special Distribution - Bio 2004, San Francisco and CoreNet Global, Chicago Expansion Management - Full Page, Full Color February issue -Industry Focus: Real Estate Special Feature: California Focus May issue — Industry focus -Biotechnology & Biotech Parks Business Feature- Southern California Bonus Circulation - Biotech Industry Media placements: The Alliance did not participate in radio and/or television buys during the '03-'04 fiscal year. As a result of the California Golf Open Sponsorship, however, future media advertising is in the planning stages. Event(s): • ➢ Destination Branding Launch, January 30, 2004 ➢ Broker breakfast tentatively scheduled for July 2004 Broker/Business outreach: Broker outreach includes a power point presentation and GIS demonstration to brokerage firms outside of the Southwest California region. Business outreach includes a letter of introduction along with demographic information that is send to businesses outside of our County in industries we are trying to attract, with hope that an appointment to speak with the principals can be obtained. These are scheduled to begin June 2004 Community outreach: Speaking engagements 12 speaking engagements to date for the 2003 —2004 FY including; GIS presentations/workshops Valley Economic Development Council presentation EDC Quarterly luncheon Lake Elsinore EDC/Chamber luncheon Temecula "Sunrise" Rotary Southwest California Rotary Murrieta Rotary Experience Unlimited Leadership Murrieta Lake Elsinore study session Supervisor Venable's Third District Workshop • Business Attraction Advisory Committee: Alliance representative is Committee Chair for the newly formed Business Attraction Advisory Committee (BAAC). The BAAC is made up of 19 public and private community leaders with the goal of providing feedback to the Alliance on marketing efforts; assisting with out of region site tours and assisting in the destination branding process. On behalf of the Alliance, Stevie Field attends the following meetings on a regular basis: ➢ Murrieta-Temecula Group i% SWRC EDC ➢ Transportation and Infrastructure Committee ➢ Government Action Committee ➢ Business Attraction Advisory Committee ➢ Lake Elsinore EDC ➢ I-15-I Partnership ➢ Economic Development meetings concerning the Southwest California region SOUTHWEST Jake F.Ildnere TmwwB A County of Rivwd" Prepared by Stevie Field Manager, Business Development May 31, 2004 S.W. CA ECONOMIC ALLIANCE Business Plan The cities of Lake Elsinore, Munieta, Temecula and the County of Riverside, together, founded the Southwest Riverside County Economic Alliance in 1999. As a result of a destination branding process that took place during the 03 -04 FY, all partners agreed to a formal name change of the organization to Southwest California Economic Alliance. Due to positive results, the Southwest California Marketing for Business Attraction Agreement is being extended for a two-year term, through June 31, 2006. The goal of the Economic Alliance is to stimulate economic development within the Southwest region targeting larger companies in the high- technology, biotechnology and telecommunications industries, which will in turn create high -paying jobs and thus expand the region's tax base. These industries were chosen as a result of research of existing dusters in the Southwest California region, as well as the many strengths of the region that lend to supporting these industries. This business plan is designed to provide clear-cut and focused implementation. Some of the more favorable attributes of the Southwest California area are: a business friendly atmosphere, a high standard of living and high quality of fife, a well educated work force, competitive housing prices, access to the major ports of Southern California, convenient freeway access, and dose propmity to San Diego, Orange and Los Angeles counties. With this in mind, the business campaign will create greater recognition of the area outside the county limits and generate leads that will ultimately result in business start-ups, and/ or relocations or expansions to the area. Upiectives ➢ Attract new business and investment to Southwest California, with the primary focus on medial devise, biotechnology, fife sciences, telecommunications and high technology companies, which are environmentally clean and safe, with the beneficial result of new job creation. ➢ Promote business development, economic opportunities, a skilled and educated work force as well as, quality of life of the region to business decision makers both in and out of the County boundaries. ➢ Create a general awareness of the Southwest California region and its many benefits. ➢ Research/study demographics of commuter and labor market Target Audiences ➢ Business owners and decision -makers in the high-tech manufacturing, telecommunications and bio- medical manufacturing fields. ➢ Executives of national and international corporations seeking to relocate or expand their operations. ➢ Residents who commute outside the region to work. ➢ Venture capitalists striving to find a location for their start-up investments. ➢ Real Estate and Site Selection professionals. Targeted Markets After careful research, the following markets have been identified as being rich in the targeted high-technology companies from start-up to mature. Following in numerical order is the sequence in which our efforts will be focused: 1. San Diego County 2. Orange County 3. Los Angeles County 4. Northern California 5. U.S. Markets 6. International Markets High-tech manufacturing, biotechnology and telecommunications represent a fairly high percentage of growth opportunities to be brought to the Alliance area. We must however, strive for a mix of companies in the development process, i.e., start-ups, relocations and expansions. The following implementation plan will assist us in achieving those goals: Marketing Materials Development of marketing materials, to include four (4) revised demographic profile reports with current statistics specific for the Southwest Cafrfomia region; CD-ROM reprints; Business Resource Guide updates; GIS and web - site improvements to include job postings for the Southwest California region, commuter computer, maintenance and updates; and promotional items. Targeted Completion Date — Ongoing 2. Trade Show Attendance Attend industry specific trade shows in California, throughout the U.S. and internationally, throughout the contract year. Specific trade shows include, Fall CoreNet in San Antonio, Texas; IAMC Professional Forum, Memphis, Tennessee; IEDC, St. Louis, MO; MDBM, Anaheim, CA; BID 2005 in Philadelphia, PA,; BIO 2006 in Chicago, IL; Spring CoreNet 2005 in Toronto, ON — CA,; Fall CoreNet 2005 in Las Vegas, NV and others to be determined during ongoing meetings with city and county representatives. Targeted Completion Date — Ongoing 3. Print Media Advertisina Development of targeted print media campaigns using publications that are industry specific Publications include, but are not limited to, Expansion Management, Site Selection Magazine, Business Journals, and other publications yet to be determined. Targeted Completion Date — Ongoing 4. Multi -Media Advertisina Campaign Promote industry specific campaign, such as the biomedical industry, high-tech manufacturing, telecommunications or another industry as determined by the parties hereto. Campaign(s) will include, but not be limited to, CD-ROM, radio, television, direct mail and print media. Targeted Completion Date — Ongoing 5. Business Visitation The Alliance representative, through direct mail campaign (s), broker visitations, company visitations and other fortes of contact yet to be determined along with county/city representatives will perform a minimum of ten (10) company visitations for each FY. This may include visits to Northern California or other locations as determined through ongoing meetings with city and county representatives. Targeted Completion Date —Ongoing 6. Public Relations The representative will attend various economic development related meetings that pertain to Southwest California. This includes the Southwest Riverside County (SWRC) Economic Development Corporation (EDC), SWRC Manufacturer's Council, Business Relations Committee, Transportation and Infrastructure Committee, 1-15 Inter- regional Partnership, Business Attraction Advisory Committee, Chambers of Commerce, Rotary and other civic - minded growth and development forums. Targeted Completion Date — Ongoing Lead Manaaement The representative will respond to leads generated as a result of this business plan. It is the responsibility of the representative to send out identity packages, conduct follow-up phone calls, and schedule meetings with perspective businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date — Ongoing 8. Event The representative, along with the Alliance Partners will organize a two -three day promotionaVFamiliarization event for each FY, inviting business decision makers, site selectors, developers and venture capitalists to the Southwest California region. This includes a decision maker event, which we will be in with the California Goff Open in Fall 2004. Targeted Completion Date — Fall 2004/Spring 20051Spring 2006 Proposed Budget 2004-2005 2005-2006 Printed Materials $ 7,000 $ 7,000 Marketing/Advertising $ 62,000 $ 62,000 Trade Shows $ 12,000 $ 12,000 Promotional Items $ 3,000 $ 3,000 Travel/Expenses $ 5,000 $ 5,000 Event $ 15,000 $ 15,000 GIS Application $ 14,000 $ 14,000 Office Assistance $ 20,000 $ 20,000 *Contingency Fund $12,000 $12,000 Fiscal Year Total $150,000 $150,000 'Grand Total $ 300,000.00 *Contingency fund may include sponsorship opportunities and/or consultant fees as determined by the Alliance partners. **This total does not reflect any possible rollover amount from previous year(s). ATTACHMENT 3B CITY/ SOUTHWEST CALIFORNIA ECONOMIC ALLIANCE MARKETING AGREEMENT \\Sanftity manager\Wolnickg\4gendareports\2004-05 ED Operating Agreements.doc 1 n 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 COUNTY OF RIVERSIDE SOUTHWEST CALIFORNIA MARKETING FOR BUSINESS ATTRACTION AGREEMENT This MARKETING PROGRAM AGREEMENT ("Agreement") is made and entered into this day of 2004, by and between the Cities of Temecula, Murrieta, and Lake Elsinore (hereinafter referred to as "Cities") and the County of Riverside (hereinafter referred to as "County") for marketing and business attraction services for the Southwest California (formally referred to as the Southwest Riverside County) region. RECITALS WHEREAS, Cities desire to obtain certain marketing services from County, and County desires to provide certain marketing and business attraction services on behalf of Cities, WHEREAS, the marketing and business attraction services to be provided by County pursuant to this Agreement shall be hereinafter referred to and known as the "Marketing Program," WHEREAS, Marketing Program is designed to emphasize the economic, demographic, and lifestyle facts and images of those certain geographic areas included within Southwest California bounded by the unincorporated communities of Temescal Canyon, Winchester, French Valley, Wildomar and the Wine Country, as well as the Cities of Lake Elsinore, Murrieta and Temecula (hereinafter collectively referred to as "Southwest California") in order to: 1. Enhance the image of the Southwest Califomia region as an area with abundant economic opportunities and quality of life; and 2. Stimulate private investment and job creation in the Southwest California economy; and 3. Attract new businesses to Southwest California, targeting biomedical and high-tech manufacturing and telecommunications industries. WHEREAS, Cities and County recognize the benefits they may obtain through the attraction of new business and investment to Southwest California; -1- 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 25 27 28 WHEREAS, Cities and County recognize the need to promote Southwest California as a positive business environment; and WHEREAS, County desires to provide, and the Cities to fund, the Marketing Program in accordance with the terms and conditions set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Cities agree as follows: SECTION 1 BUSINESS ATTRACTION SERVICES AND MARKETING PROGRAM 1.1 County Services During the term of this Agreement, County shall provide one County staff representative, facilities for representative, equipment, transportation, supervision and expertise necessary to fully and adequately perform the services identified in this MOU, (valued at $150,000 per fiscal year), including managing the procurement process of contracts and executing agreements on behalf of the Alliance and traveling out of state and out of the country to trade shows approved by cities and County in the Marketing Program for Southwest California. A. Marketing Program County shall, in good faith and based on its discretionary determination that the identified person(s) or entity (ies) exhibit potential for conducting business in Southwest California, use its reasonable and best efforts to contact and provide information on the finance, real estate, manufacturing, and various other industries in the Southwest California economy to the following areas/individuals: (1) Southern California; (2) Northern California; and (3) executives of national and international corporations in the targeted industry clusters. The Marketing Program will consist of those items shown in Exhibit "A", which is attached hereto and made a part hereof. -2- 1 2 3 4 5 M 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Other Terms County shall generally prepare, acquire and/or disseminate information to promote Southwest California as a location for business and investment, and shall carry out such other activities as may be reasonably necessary to achieve the purposes of this Agreement as identified in the Marketing Plan which has been attached hereto and made part hereof. The frequency of materials provided and the specific individuals and entities to be targeted by the Marketing Program pursuant to this Agreement have been identified by the parties hereto. C. Marketing Program Performance Measures County shall provide information to Cities outlining the results of the Marketing Program. Said information may include the following: number of business visitations, number of jobs created, number and description of business expansions/attractions, number and description of trade shows and conferences attended, description of media campaigns, description of traininglemployment links, and description of curriculum development. D. City Contacts Each City member shall designate a liaison to work with the County in the implementation of the Marketing Program. The parties to this Agreement shall meet on a regular basis to review the Marketing Program. E. Business Retention Business retention shall be the responsibility of the individual parties to this agreement. The Marketing Program shall be coordinated with these business retention efforts. I1.2 Term of Agreement This Agreement is a two-year agreement subject to Cities and County satisfaction and shall commence on the date first set forth herein above and shall end on June 30, 2006. From and after July 1, 2006, this agreement shall terminate and the parties hereto shall have no further debt or obligation hereunder unless agreed -3- 1 2 3 4 5 6 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 upon in writing by the parties. Upon 45 days prior to expiration of year one of this Agreement, Cities and County will review Alliance activities, funding levels, and general conformance to the marketing program, as shown in Attachment "A". If found to be in substantial conformance with the marketing program, with such finding not to be unreasonably withheld, Cities and County will proceed with second year of Agreement. If Cities and/or County decide to terminate this agreement at said time, notification must be received in writing no later than 30 days prior to end of year one. SECTION II COMPENSATION 2.1 Payments by Cities County shall receive compensation for all services rendered under this Agreement from the Cities in the amount of one hundred fifty thousand dollars ($150,000), per year, totaling three hundred thousand dollars ($300,000), for the duration of this MOU, which are divided by the Cities in the following quantities: 2004-2005 2005-2006 a) City of Temecula $ 75,000 $75,000 b) City of Murrieta $ 50,000 $50,000 c) City of Lake Elsinore $ 25,000 $25,000 County will not use in excess of 15% of funds for additional personnel costs. All overhead expenses such as those listed in Section 1.1 County Services, will be the responsibility of the County. County will use the funds for the direct marketing activities listed in the Marketing Program under Attachment "A". Any funds that are not expended shall be refunded to cities on a pro-rata share or if agreement is extended, funds shall be carried over to the new agreement period. 2.2 Payment of Compensation County shall receive four equal payments from Cities for total compensation shown in Section 2.1. First payment shall be provided to County within 30 days of execution of Agreement. Second payment shall be paid no later than January 31, 2005. Third payment shall be paid no later than July 1, 2005 and fourth payment shall be paid no later than January 31, 2006. County shall submit an invoice to Cities for all payments. -4- 2 91 4 5 6 7 8 9 77 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.11 Additional Funding Cities agree that the County is authorized to seek additional funding for Marketing Program from other parties including, but not limited to, local utilities, State, and private entities. SECTION III GENERAL CONDITIONS 3.1 Indemnification Each party shall defend, indemnify and hold the other party, its officials, officers, employees and agents free and harmless from any and all liability arising out of its negligent acts, omissions, or willful misconduct arising out of or in connection with its performance of this Agreement, including without limitation the payment of attorneys' fees. Further, each party shall defend at its own expense, including attorneys' fees, the other party, its officials, officers, employees, and agents in any legal action based upon such negligent acts, omissions, or willful misconduct. 3.2 Notice and Requests Any notice, demand, or request required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly delivered and effective on the third business day after having been deposited in the United States mail, postage prepaid, registered or certified, and addressed to the addressee as set forth below. If delivered by facsimile machine to such addressee, such notice shall be deemed to have been duly delivered and effective on the next business day. Any party may change its address for purposes of this Agreement by written notice given in accordance herewith: Partners: City of Temecula Attn: Jim O'Grady 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Phone (909) 506-5100 Fax (909) 694-6499 City of Lake Elsinore Attn: Marlene Best 130 S. Main Street Lake Elsinore, CA 92530 Phone (909) 674-3124 Fax (909) 674-2392 City of Murrieta Attn: Lori Moss 26442 Beckman Court Murrieta, CA 92562 Phone (909) 461-6002 Fax: (909) 698-9885 County of Riverside Attn: Stevie Field 37552 Winchester Road Mumeta, CA 92563 Phone (909) 600-6066 Fax: (909) 600-6065 -5- 1 2 3 4 51 No 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. I CITY OF TEMECULA Mike Nagger, Mayor (ATTEST: By: — APPROVED AS TO FORM: CITY ATTORNEY IUn 1 2 3 4 6 7 8 9 10 11 12 13 14 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment W Implementation Plan 1. Marketing Materials Development of marketing materials, to include four (4) revised demographic profile reports with current specific for the Southwest California region; CD-ROM reprints; Business Resource Guide updates; GIS and improvements to include job postings database, maintenance and updates; and promotional items. Targeted Completion Date — Ongoing 2. Trade Show Attendance Attend industry specific trade shows in California, throughout the U.S. and internationally, throughout the cont year. Specific trade shows include, Fall CoreNet in San Antonio, Texas, IAMC Professional Forum, Memp Tennessee, IEDC, ST. Louis, MO, MDBM, Anaheim, CA, BIO 2005 in Philadelphia, PA, BIO 2006 in Chicago, Spring CoreNet 2005 in Toronto, ON — CA, Fall CoreNet 2005 in Las Vegas, NV and others to be determined dui on -going meetings with city and county representatives. Targeted Completion Date —Ongoing 3. Print Media Advertising Development of targeted print media campaigns using publications that are industry specific Publications include, bu are not limited to, Expansion Management, Site Selection Magazine, Business Journals, and other publications yet tc be determined. Targeted Completion Date —Ongoing 4. Multi -Media Advertising Camaaign Promote industry specific campaign, such as the biomedical industry, high-tech manufacturing, telecomn or another industry as determined by the parties hereto. Campaign(s) will include, but not be limited to, radio, television, direct mail and print media. Targeted Completion Date — Ongoing H H H 7- 1 2 3 4 7 ME 71 8 9 10 11 12 13 1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Business Visitation The Alliance representative, through direct mail campaign (s), broker visitations, company visitations and other fom of contact yet to be determined along with county/city representatives will perform a minimum of ten (10) compar visitations for each FY. This may include visits to Northern California or other locations as determined through on- going meetings with city and county representatives. Targeted Completion Date —Ongoing 6. Public Relations The representative will attend various economic development related meetings that pertain to Southwest Califomi This includes the Southwest Riverside County (SWRC) Economic Development Corporation (EDC), SWR Manufacturer's Council, Business Relations Committee, Transportation and Infrastructure Committee, 1-15 Inte regional Partnership, Business Attraction Advisory Committee, Chambers of Commerce, Rotary and other cm minded growth and development forums. Targeted Completion Date —Ongoing 7. Lead Management The representative will respond to leads generated as a result of this business plan. It is the responsibility of representative to send out identity packages, conduct follow-up phone calls, and schedule meetings with perspec businesses and assist businesses with the information needed in the expansion/relocation process. Targeted Completion Date — Ongoing 8. Event The representative, along with the Alliance Partners will organize a two -three day promotional/familiarization event fc each FY, inviting business decision makers, site selectors, developers and venture capitalists to the Southwe. California region. This includes a decision maker event, which we will tie in with the California Golf Open in Fa 2004. Targeted Completion Date — Fall 2004/Spring 2005/Spring 2006 fl 1 2 3 4 5 6 7 8 s 10 12 13 14 15 16 17 1 WN 19 20 21 22 23 24 25 26 1 27 1 28 1 Proposed Budget 2004-2005 2005-2006 Printed Materials $ 7,000 $ 7,000 Marketing/Advertising $ 62,000 $ 62,000 Trade Shows $ 12,000 $ 12,000 Promotional Items $ 3,000 $ 3,000 Travel/Expenses $ 5,000 $ 5,000 Event $ 15,000 $ 15,000 GIS Application $ 14,000 $ 14,000 Office Assistant $ 20,000 $ 20,000 *Contingency Fund $12,000 $12,000 $150,000 $150,000 "Grand Total $ 300,000.00 *Contingency fund may include sponsorship opportunities and/or consultant fees determined by the Alliance partners. "This total does not reflect any possible rollover amount from previous year(s). W ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OF F CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: GrafKates, Assistant to the City Manager DATE: July 13, 2004 SUBJECT: Support of Assembly Bill 2430 (Wiggins) — Commercial Air Carriers PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council adopt the following resolution. RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL 2430 (WIGGINS) WHICH WOULD EXCLUDE TRANSPORTATION BY HOT AIR BALLOON FOR ENTERTAINMENT OR RECREATIONAL PURPOSES FROM THE DEFINITIONS OF "COMMERCIAL AIR OPERATOR," AND "AIRCRAFT" UNDER PUC CODE SECTIONS 5500-5512. BACKGROUND: Currently, there are approximately40 companies in California that offer balloon rides for compensation. During the past decade, commercial balloon operators have had a choice of several insurance companies to meet their coverage needs with current requirements at $100,000 in coverage per seat. However, a number of factors, including the terrorist attack on September 11, 2001, have caused aviation insurance and reinsurance industries to raise premiums and tighten underwriting procedures. Smaller specialty companies stopped writing insurance policies for balloonists. At a time when specialty insurance had been the most difficult to obtain, the PUC started to strictly enforce its G0120-C, a regulation that stipulates liability insurance coverage limitations to be carried by "aircraft." The PUC began strict enforcement actions against balloon operators who have insurance as the required limits but who obtain their insurance from a non -admitted carrier. Asa result, there are only two insurance companies writing hot air balloon insurance in California and one of the two is not recognized by the PUG. This proposed legislation means hot air balloon operators would not be classified as "commercial air operators" or "aircraft" thus making it easier and more cost-effective to obtain the required insurance. The hot air balloon industry is synonymous with the Temecula Valley and specifically with the City of Temecula. Hot air ballooning is an important and valued tourist attraction for the local area. This legislation is being supported by both the State Chamber of Commerce and local Chamber of Commerce and if approved by City Council it is staffs recommendation to submit a letterof support to the author. FISCAL IMPACT: None. Attachment: Resolution 04- RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL 2430 (WIGGINS) WHICH WOULD EXCLUDE TRANSPORTATION BY HOT AIR BALLOON FOR ENTERTAINMENT OR RECREATIONAL PURPOSES FROM THE DEFININTIONS OF "COMMERCIAL AIR OPERATOR," AND "AIRCRAFT" UNDER PUC CODE SECTIONS 55005512. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, there are 40 companies in California that offer balloon ride for compensation; and WHEREAS, the hot air balloon industry is synonymous with the Temecula Valley and specifically with the City of Temecula; and WHEREAS, hot air ballooning is an important and valued tourist attraction for the local area; and WHEREAS, AB 2430 would exempt hot air balloons from PUC regulations that require accident liability insurance by excluding any person owning, controlling, operating, renting, managing, furnishing, or otherwise providing transportation by hot air balloon for entertainment or recreational purposes from the definitions of "commercial air operator' and "aircraft." WHEREAS, this legislation is being supported by both the State Chamber of Commerce and local Chamber of Commerce; and NOW, THEREFORE, BE IT RESOLVED THAT the City of Temecula hereby supports the passage of Assembly Bill 2430 (Wiggins) by the Legislature, and directs the City Council to notify Assemblymember Wiggins, the Governor, Assemblyman Haynes and Senator Hollingsworth of its support. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13th day of July, 2004. Mike Naggar, Mayor ATTEST: Resos\99-88 Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 131h day of July, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ITEM 21 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire Chief DATE: July 13, 2004 SUBJECT: Prescribed Burning Project Agreement PREPARED BY: Jim McBride, Fire Marshal RECOMMENDATION: That the City Council approves and directs the City Manager to sign the attached agreement. BACKGROUND: The California Department of Forestry and Fire Protection (CDF) routinely enters into these agreements in order to conduct vegetation management burn operations all across the state. CDF normally and routinely involves not only the land owners but also local governments and other stakeholders to ensure good stewardship of the land and sound environmental management. This planned burn for Johnson Ranch, as well as any future burns, will involve input from the appropriate resource agencies. In this case they are proposing to conduct one or more such burns now and in the future in the area of the "Johnson Ranch" property, near the 200+ acres of open space associated with the Roripaugh Specific Plan. The current plans do not include burning the 200 acres of city property, but being a signatory to this agreement assures that the city will be included in any future burn plans and that the City owned property would be burned in future burns should it be appropriate at that time. The City will be informed of and will be allowed to participate in the decision making process relating to any future controlled burns that are planned for the City's 200 acres of open space property. The CDF can and will go ahead with this burn regardless of our participation, but by being a signatory to the agreement we are indemnified by CDF and have input as to how and when the burning is to be conducted. The City Attorney has reviewed the agreement and advised was a standard agreement with no noteworthy issues and it should be approved by the council prior to signature by the City Manager. FISCAL IMPACT: None ATTACHMENTS: Attached is the CDF Prescribed Burning Project Standard Agreement for your review. C1D=nen1s and Setbngs\Gmnl.Yates\Loral Settings\Temporary Internet Fi1es\0LK28\Pmcnbed Bum nweement Staff Repon.aoc STATE OF CAUFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PRESCRIBED BURNING PROJECT STANDARD AGREEMENT RM•75 (REV. 7/97) PRESCRIBED BURNING PROJECT STANDARD AGREEMENT PROJECT NUMBER: RX-South-042-RRU AGREEMENT NUMBER: .04 PROJECT NAME: Johnson Ranch THIS AGREEMENT made and entered into this 1 st Day of May 20 04 by And between the State of California through the Director of the Department of Forestry and Fire Protection, Hereinafter called "CDF", and City of Temecula Hereinafter called "Cooperator'", is intended to provide for site preparation, prescribed burning, and necessary follow-up activities of an area owned or controlled by Cooperator as provided in Public Resources Code (PRC) 4475 et seq. The Prescribed Bum Plan for this project is appended to and made part of this agreement as attachment 1. WHEREAS Cooperator certifies that he, (she, they) own or control a proposed prescribed burn area delineated on a map incorporated within the Prescribed Bum Plan for this project and that this burn area is within the County of Riverside Upon Assessors parcel numbers 958.210.005. WHEREAS CDF certifies that the Project, when successfully completed, will accomplish a purpose enumerated in PRC 4475; and WHEREAS CDF has determined that the anticipated public benefit from the proposed project will exceed the foreseeable damage that could result from the Project. NOW THEREFORE, it is mutually agreed: 1. The tens of this Agreement shall commence on the above date and will terminate upon satisfactory completion of the prescribed burning project, but in no event will the term of this agreement exceed three (3) years. 2. As provided in PRC 4475.1, 4475.5, and 4476, CDF will incorporate all estimated costs within the Prescribed Bum Plan for this Project and apportion the pro rata responsibility for CDF, the Cooperator, and any participating federal land management agency. CDF estimated costs of project completion, as a portion of the total, will not exceed the ratio of public benefits to total benefits upon federal lands. The Cooperator or other cooperators to CDF on this project, accepts the responsibility for the estimated costs of private benefits to be created concomitantly with the public benefits. The Cooperator's estimated pro rata costs, which are itemized in the Prescribed Bum Plan, of the completed project will be $ 100.00 In value. 3. Any equipment included in the Prescribed Bum Plan for this Project provided by the Cooperator to offset estimated pro rata costs summarized in item #2 above will include all necessary operation, repair, and maintenance expenses. All personnel similarly provided by the Cooperator shall be agents of the Cooperator for purposes of Worker's Compensation. Owner shall indemnify CDF and hold harmless for any claims from the above agents. CDF is likewise responsible for its equipment and personnel. 4. Any Cooperator may, in lieu of providing materials, services, or equipment to offset pro rata costs for private benefits, establish a trust account or make a certificate of deposit payable to CDF for funds to equal the estimated pro rata costs. Disbursement of any such funds to CDF shall be made within 15 days after satisfactory completion of specified work. 5. The Unit Chief which approves the Prescribed Bum Plan for this project will designate an Incident Commander (IC) (Fire Boss in PRC 4476). This IC shall have final authority to (a) approve, amend, and implement the Prescribed Bum Plan, (b) determine that the fuel and weather are suitable, and that all crews and equipment are ready, and (c) direct all work assignments of public employees and persons furnished by the Cooperator until the prescribed burning is completed and the fire is declared out. The Unit Chief for this project is: Tom Tisdale STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PRESCRIBED BURNING PROJECT STANDARD AGREEMENT RM-75 (REV. 7197) Page 2 of 2 6. The CDF agrees to indemnify and hold harmless the Cooperator against liability for damages of any nature arising out of performance of the Prescribed Burning Project; provided the Cooperator provides CDF notice of any claim or inquiry arising as a result of activities of the Prescribed Burning Project within ten (10) days of receipt. In the same manner CDF agrees to indemnify any Cooperating public entity that has entered into a "Fire Protection Cooperative Agreement" with CDF pursuant with PRC 4129. 7. CDF shall secure all required State, Federal and Local permits for Prescribed Bum and shall comply with all existing Federal and State permits regarding the properties. This agreement and the Prescribed Bum Plan represent the entire contract between CDF and Cooperator. The Project described within the Prescribed Bum Plan may incorporate several independent agreements with Cooperators or agencies. This agreement may be amended at any time by mutual consent in writing. It may be canceled by either party after giving 30 days advance notice. in the event Cooperator unilaterally terminates this Agreement, Cooperator shall be responsible for all planning and site preparation costs incurred by CDF prior to termination. IN WITNESS WHEREOF, THIS Agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA COOPERATOR Department of Forestry and Fire Protection City of Temecula Shawn D. Nelson, City Manager ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney ITEM 22 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/Ci Co ncil FROM: Debbie Ubnosk Director of Planning DATE: July 13, 2004 SUBJECT: Agreement for Consulting Services Between the City of Temecula and PELA PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: Approval of the Contract with PELA for landscape plancheck and inspection consulting services in the amount of $100,000.00. BACKGROUND: The Community Development Department's Planning Division has for the past ten years utilized the services of a consultant as an extension of staff to provide landscape review and inspection services. Over that period of time, the department has retained the services of PELA to perform these services. Their contract expired on June 30, 2004. The Planning Department requested proposals from eight landscape architectural firms in the western Riverside County area to allow other contractors a chance to bid on continuing the current service. The Department received only one response, which was from the current contractor, PELA. Staff worked with PELA to create a scope of services that addresses the current needs of the Planning Department's design review process. Staff would like to note that the landscape review services are provided on a cost recovery basis. The Planning Department requests a line item during the City's annual operating budget process to fund the on -going task of landscape review. The landscape contractor invoices the City and is paid from the line item. Fees paid by the applicant during the development review process are paid to the general fund, which offsets the invoiced amounts paid by the City to the landscape review contractor. FISCAL IMPACT: Adequate funds are available in the fiscal year 2004-2005 annual operating budget under Account No. 161-999-5250, (Landscape Review and Inspection). RABROWNSVandscape\Staff Report cc 2004-05.doc ATTACHMENTS: City of Temecula Agreement for Consulting Services (Landscape Plancheck and Inspection) RABRO"SUandscape\Staff Report cc 2004-05.doc City of Temecula Agreement for Consulting Services (Landscape Plancheck and Inspection) R:\BROWNS\landscape\Staff Report cc 2004-05.doc2 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND PELA (LANDSCAPE PLANCHECK AND INSPECTION) THIS AGREEMENT is made and effective as of July 13, 2004, between the City of Temecula, a municipal corporation ("City") and PELA "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 13, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event laterthan June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three) one (1) year additional terms. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed One Hundred Thousand Dollars and no Cents ($100,000 ) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the agreement exceed twenty -five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultantfor anywork performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either RASIMPMandscaoe services aareement FY 04-05.dot the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees.) (4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required bythis clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered ..voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any parry regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other parry under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the parry as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: PELA 637 Arden Drive Encinitas, CA 92024 Attn: Michael G. Elliott 14 ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one parry against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorneyfees and litigation expenses forthe relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Mike Naggar Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT PELA 637 Arden Drive Encinitas, CA 92024 Attn: Michael G. Elliott 0 By: Name: EXHIBIT A TASKS TO BE PERFORMED There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the development review committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval formulated by staff and the Planning Commission. A landscape inspection will be performed on site once the landscape is completed to verify that the installation is per the approved plans. Finally, we are always available to provide landscape architectural advice and act as a resource for City staff. Plans submitted by the applicants at this stage are conceptual. A. Upon notification from the Community Development Department that landscape plans are ready for review, PELA will pick up plans at the City. If desired by the City, plans can be mailed to our office. Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be needed so that it can be insured that landscaping is compatible with the architecture and appropriate for the proposed grading. It is recommended that PELA meet with the project planner to discuss the project prior to beginning the review. This option will be left up to the individual planner. B. PELA will review the plans verifying consistency with the City Development Code and other Ordinances in effect. A site visit will be performed to become familiar with the site and surrounding area. One set of plans will be red -lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cross-checked against the architectural and grading plans. Our office has already established a check list to insure conformance with City requirements and we have a 10 year file of previous projects to insure compatibility with adjacent developments. C. PELA will return one set of red -lined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in formulating reports back to the applicant. One set of plans will be kept on file at PELA so that if questions arise from either the project planner or the applicant, answers can be provided by PELA with full knowledge of the project. D. On larger projects where many comments are made we have found that the project planner may not be comfortable or may not have the time to review the plans for necessary revisions. PELA will provide a second review on an as needed basis to insure that plans have been revised to be in conformance with City requirements. E. Comments will be returned to the project planner within 10 calendar days after receipt of the landscape plans but in no case later than two weeks after notification of plan pick up. On fast -track projects PELA will complete conceptual reviews within 4 calendar days. When needed and requested by the project planner PELA will work to meet any schedule as required. A. Upon notification from the Community Development Department that construction landscape plans are ready for review, PELA will pick up plans at the City. If desired by the City, plans can be mailed to our office. Two sets of landscape construction plans along with one copy of the approved conceptual plan, conditions of approval, and final precise grading plan will be needed. B. PELA will review the plans verifying consistency with the City Development Code, other Ordinances in effect, the approved conceptual plan and conditions of approval. One set of plans will be red -lined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements and the approved landscape plan. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be cross-checked against the final precise grading plans. C. PELA will return one set of red -lined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e-mail for use in formulating reports back to the applicant. One set of plans will be kept on file at PELA so that if questions arise from either the project planner or the applicant, answers can be provided by PELA with full knowledge of the project. D. Once revisions have been resubmitted by the applicant, PELA will pick up the plans at the City and re -check them for conformance. Two sets of plans along with a cost estimate of the landscape work will be needed. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be red -lined again and returned to the applicant a second time for revisions. This process will continue until the plans are brought into conformance with City standards and professional norms. The cost estimate will be reviewed by PELA and if appropriate, the project planner will be notified that the estimate is appropriate for required bonding requirements. PELA will provide a unit cost breakdown for applicants to use in preparing their cost estimates. This will insure that below market costs are not provided that could cost the City money if the project fails to be completed and the City is forced to collect on bonds. PELA will provide this cost breakdown at no cost to the City. E. PELA will complete the first review of projects in no later than 14 calendar days. Subsequent reviews will be completed in no later than 7 calendar days. When requested and on fast -track projects, PELA will complete the first review in no later than 5 calendar days and subsequent reviews in no later than 3 calendar days. When needed and requested by the project planner PELA will work to meet any schedule as required. We utilize a system for our plan checks which saves staff members time by formatting all comments so that they can be referenced from a key number on the plan and tied to typed written comments which we provide to staff members in both digital (by E-mail) and hard copy format. This has enabled staff planners to simply Aelectronically paste@ our typed comments and incorporate them very rapidly with comments and conditions from other departments to produce one consolidated response to applicants. Comments are now broken down into two groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. It is our belief that this will make the process easier for the project planner and applicant in directing comments to the correct project consultant. A. Once notified that the applicant has completed the landscape installation, PELA will provide a landscape construction inspection in order to insure implementation is in conformance with the approved plans. A written report will be provided to the project planner after each inspection indicating the status. If desired by the project planner, PELA will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. B. Inspections will be completed in no later than 3 working days after notification. When needed and requested by the project planner PELA will work to meet any schedule as required. PELA is always available to act as a resource for City staff. Over the past 10 years working with the City we have provided numerous consultations with staff responding to general questions or questions regarding specific projects. This resource has been provided at no additional cost to the City. We will continue to make ourselves available and propose to provide these same resources to City staff at no charge. Should staff require other tasks to be performed we will be happy to provide services based on our hourly rates or a mutually agreed upon flat fee. V. ATTENDANCE AT MEETINGS Michael Elliott will attend Development Review Committee and Planning Commission meetings as requested. EXHIBIT B PAYMENT RATES AND SCHEDULE Following is the breakdown of fees proposed for the plan check and inspection services outlined in the scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and omissions. 1. DEVELOPMENT REVIEW COMMITTEE Conceptual Plan Review FLAT FEE OF $250.00 Multiple reviews will not be covered under the initial conceptual review cost. Additional conceptual reviews beyond the first review will be billed at the flat rate fee. The following fees are based on reviewing a maximum of 3 submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $85.00 per sheet. SQUARE FOOTAGE OF PROJECT 0 - 10,000 10,001 - 25,000 25,001 - 100,000 100,001 - 135,000 135,001 - 165,000 165,001 - 200,000 200,001 - 250,000 250,001 - 300,000 300,001 - 350,000 350,001 - 400,000 400,001 & up Plan checks beyond the 3rd Check FLAT PLAN CHECK FEE $600 $860 $1,120 $1,380 $1,620 $1,890 $2,160 $2,430 $2,700 $2,970 $2,970 + .0075 for each sq. ft. above 400,000 sq. ft. $85.00/sheet Should the City wish to revise the current fee system, PELA is open to a different fee system based on hourly rates versus square footage. III. LANDSCAPE INSPECTION Landscape Inspection FLAT FEE OF $250.00NISIT LANDSCAPE• PELA is always available to act as a resource for City staff. Over the past 10 years working with the City we have provided numerous consultations with staff responding to general questions or questions regarding specific projects. This resource has been provided at no additional cost to the City. We will continue to make ourselves available and propose to provide these same resources to City staff at no charge. Should staff require other tasks to be performed we will be happy to provide services based on our hourly rates or a mutually agreed upon flat fee based on the scope of work. Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee rate of $250/meeting. Fees for services other than those outlined above will be at our hourly rates unless otherwise negotiated. Our present hourly rates are as follows: Principal Landscape Architect $98.00/hour Landscape Architect $86.00/hour Landscape Designer $65.00/hour Draftsperson/CAD Operator $55.00/hour Clerical $40.00/hour ITEM 23 APPROVAL CITY ATTORNEY DIRECTOR OF FI CITY MANAGER_ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 13, 2004 SUBJECT: First Amendment to Agreement Between the City of Temecula and FIRM Design Group for Preparation of Design Guidelines PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: Approval of a contract amendment with FIRM for a one year extension to June 30, 2005. BACKGROUND: The Council approved the current contract on May 14, 2003 and it expired on June 30, 2004. During this time the Planning Department was under a severe staffing shortage and had to put its resources towards case processing. This left very little time to work on the Design Guidlinesl. Significant progress, however, has been made and the Design Guidelines are approximately 70% complete. The remaining major tasks are staff comments on the draft document and presentation to the Planning Commission and the City Council. The Department is confident that the Design Guidelines will be completed by late spring of 2005. The consultant is in agreement with the extension. FISCAL IMPACT: Contract funded in 2003 — 2004 FY Budget under Account Number 161-199-5248. The unused funds were rolled over to the 2004-2005 FY Budget to allow completion of the scope of work in accordance with the contract. No additional funding is requested. ATTACHMENTS: First Amendment to Agreement Between City of Temecula and FIRM Design Group for Preparation of Design Guidelines. R:\BROWNS\RRM Amendment #1 CC staff rpt.doc FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RRM DESIGN GROUP FOR THE DEVELOPMENT OF DESIGN GUIDELINES THIS FIRST AMENDMENT is made and entered into as of July 13, 2004 by and between the City of Temecula, a municipal corporation ("City") and RRM Design Group Consultant. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On May 14, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services ("Agreement') B. The parties now desire to extend the duration of the contract to June 30, 2005 and amend the Agreement as set forth in the Amendment. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA M3 Mike Naggar Mayor ATTEST: IM Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney RASI MPMAmendment.2004.dot CONSULTANT: RRM Design Group Mark Brodeur, FIUD 31831 Camino Capistrano, Suite 200 San Juan Capistrano, CA 92675 0 Title: Mark Brodeur R 1SI M PMAmendment.2004.dot TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JUNE 22, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:24 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Naggar, Roberts, Stone ABSENT: 1 DIRECTORS: Washington Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. In light of President Washington's absence, Vice President Stone presided over the meeting. PUBLIC COMMENTS No comments. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of June 8, 2004. Acceptance of a Landscape Easement Deed within the Serena Hills Development — Tract Map No. 23209 RECOMMENDATION: 2.1 Accept a landscape maintenance easement deed from Alexanre Golovnia and Lidia Grichtchenko for the maintenance of an area on the west side of their residential lot 220 within Tract Map No. 23209; 2.2 Authorize the City Clerk to record the Landscape Maintenance Easement Deed. RECOMMENDATION: 3.1 Approve a Professional Services Agreement with PELA, a landscape architectural firm, for TCSD Landscape Plan Check and Inspection Services in the amount of $60,000 and authorize the Board President to execute the agreement. Minutes.csd\062204 First Amendment to the Citywide Tree Maintenance Services Contract RECOMMENDATION: 4.1 Approve the First Amendment to the Citywide Tree Maintenance Services Contract with West Coast Arborists, Inc. in the amount of $100,000.00 and to extend the term of the contract through June 30, 2005. 4.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $10,000.00 which is equal to 10% of the contract amount. Temecula Community Services District Fiscal Year 2004-2005 Annual Maintenance Agreements RECOMMENDATION: 5.1 Approve the minor annual maintenance and construction contracts for fiscal year 2004-2005 with: • Rizzo Construction in an amount not to exceed $100,000 • Murrieta Development in an amount not to exceed $ 75,000 • Becker Engineering Co. in an amount not to exceed $ 75,000 • Power Distributors, Inc. in an amount not to exceed $100,000 • Ingram Electric of California in an amount not to exceed $100,000 • Strong's Painting in an amount not to exceed $100,000 • Imperial Paving Co. in an amount not to exceed $ 50,000 • Monteleone Contractors, Inc. in an amount not to exceed $ 50,000 • NPG, Inc. in an amount not to exceed $ 50,000 • Craftsmen Plumbing in an amount not to exceed $ 75,000 MOTION: Director Comerchero moved to approve Consent Calendar Item Nos. 1-5. The motion was second by Director Naggar and electronic vote reflected unanimous approval with the exception of President Washington who was absent. DISTRICT BUSINESS 6 Children's Museum Grand Opening RECOMMENDATION: 6.1 Receive and file this report related to the Grand Opening of the Imagination Workshop Temecula Children's Museum. Community Services Director Parker introduced Recreation Superintendent Pelletier and Museum Manager Allen who, by way of a PowerPoint presentation, enthusiastically provided an overview of the upcoming Grand Opening of the Imagination Workshop, noting that grand opening day will be Saturday, June 26, 2004, at 9:00 A.M. At this time, gifts were presented by the Friends of the Temecula Children's Museum to the Board of Directors on behalf of Professor Pennypickle. Minutes.csd\062204 Director Naggar invited Professor Pennypickle to attend a future City Council meeting Vice President Stone commended Director Comerchero and his wife, Patricia, on their vision and efforts associated with the completion of this exciting facility. Questioning why the Comercheros had such an interest in the completion of this facility, Mr. Stone, in a kidding manner, stated that he had determined that Professor Pennypickle is actually Mrs. Comerchero's great uncle. Kidding aside, Mr. Stone again commended the Comercheros and those associated with this project on their efforts to make this vision come to fruition. Thanking Mr. Stone for the kind words, Director Comerchero noted that the Professor is anything anybody believes him to be, noting that it has been a dream to see this facility built. Mr. Comerchero thanked his current colleagues as well as those before for their continued support of this facility. Echoing the previously made comments, Director Roberts advised that when Mr. Comerchero and he traveled for City business, time was always allotted for visiting a Children's Museum. Having visited some outstanding museums all over the United States, Mr. Roberts noted that the City has the best museum of all of them. In closing, Vice President Stone commended Community Services Director Parker and his staff on their efforts and on a job well done with regard to this project. 97=17_131diI=12kIFA0:7=1101;i&? No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No comment. GENERAL MANAGER'S REPORT General Manager Nelson as well commended staff on its team efforts associated with the completion of this project. BOARD OF DIRECTORS' REPORTS No comment. Minutes.esd\062204 ADJOURNMENT At 7:38 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 13, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] Minutes.csd\062204 ITEM 2 LUIV0UL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: July 13, 2004 SUBJECT: Completion and Acceptance of the Children's Museum Exhibit Designs and Plans and Specifications — Sparks Exhibits and Environments, Project No. CSD02-0022 PREPARED BY: Cathy McCarthy, Development Services Administratorcc� RECOMMENDATION: That the Board of Directors accept the completion of Children's Museum Exhibit Designs and Plans and Specifications, Project No. CSD02-0022 and authorize the City Clerk to file the Notice of Completion. BACKGROUND: On December 12, 2000, the Board of Directors awarded a contract to Sparks Exhibits and Environments to design the tenant improvements and exterior building improvements and to design and fabricate the interior exhibits and environments for the Temecula Children's Museum. Sparks Exhibits and Environments has now completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Community Services. FISCAL IMPACT: The Children's Museum Exhibit Designs and Plans and Specifications is a capital improvement project funded by Capital Project Reserves, Proposition 12 (State Urban Centers/Education Grant) and Redevelopment. Five (5) amendments to the original contract were approved. Seven (7) contract change orders were issued for a total of $165,999.00. The final amount of the contract is $1,825,997.00. ATTACHMENTS: Notice of Completion RAMcCarh=hildren's MuseumWonce of C Ietion Agenda Report.doc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Sparks Exhibits and Environments 10232 Palm Drive, Santa Fe Springs, CA 90670 to perform the following work: Children's Museum Exhibit Designs and Plans and Specifications Project No. CSD02-0022 4. Said work was completed by said company according to the exhibit designs and plans and specifications and to the satisfaction of the Director of Community Services of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 13, 2004. 5. The property on which said work was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Children's Museum Exhibit Designs and Plans and Specifications Project No. CSD02-0022 6. The location of said property is 42081 Main Street, Temecula, California Dated at Temecula, California, this 13`h day of July 2004 of Council Meeting City of Temecula Susan W. Jones CMC, City Clerk R WcCatlhC\COMPLETION NOTE Forml.doc STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this —th day of Month, Year of Council Meeting. City of Temecula Susan W. Jones CMC, City Clerk R1McCanhC\COMPLETION NOTE Fonni Aoc ITEM 3 APPROV CITY ATTORNEY _ DIRECTOR OF FINAf CITY MANAGER , ) TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: July 13, 2004 SUBJECT: Tract Map No. 26828 - Service Level B, Service Level C and Service Level D Rates and Charges PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NOS. 26828-1, -2 AND FINAL BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting, perimeter slope landscaping maintenance and refuse/recycling collection services to numerous residential subdivisions within the City of Temecula through Service Level "B", Service Level "C" and Service Level "D". The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD. Tract Map Nos. 26282-1, -2 and Final is a future 130 lot residential development. The development consists of approximately 35.5 gross acres of vacant property located to the north of Nicolas Road and west of Seraphina Road. The property owner has requested that the TCSD establish the future parcel charges necessary to provide ongoing revenue for residential street lighting, perimeter slope landscaping maintenance, and refuse/recycling collection services within this development. R:\smithb\E1ections\26828 Election\Staff-Nonce of Hearing Am 07/O1/2004 Beginning Fiscal Year 2005-2006, the following TCSD rates and charges are proposed for residential street lighting, perimeter slope landscaping maintenance, and refuse/recycling collection services within Tract Map Nos. 26828-1, -2 and Final: Service Level B $ 25.68 per residential parcel Service Level C $ 70.00 per residential parcel Service Level D $180.70 per occupied parcel* Pursuant to the provisions of Proposition 218, the TCSD is required to hold a public hearing and obtain voter or property owner approval in order to establish certain new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels and the amount of the proposed rates and charges. A notice is mailed to the property owner identifying the proposed rates and charges and date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot proceeding not less than 45 days after the public hearing. The proposed rates and charges for Service Level B and Service Level C cannot be imposed unless the property owner has approved the new charges. In accordance with Proposition 218, property owners shall receive notice of the proposed charges for Service Level D, however, mailed ballot proceedings are not required to impose rates and charges for refuse/recycling collection services. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed residential street lighting, perimeter slope landscaping maintenance and refuse/recycling collection services rates and charges for Tract Map Nos. 26828-1, -2 and Final beginning in Fiscal Year 2005-2006 and schedule a public hearing concerning this issue for September 14, 2004. Staff will then proceed with noticing the owner of Tract Map Nos. 26828-1, -2 and Final regarding the proposed rates and charges and the public hearing date. If there is no majority protest against the rates and charges on September 14, 2004 staff will then proceed with the mailed ballot process for Service Level B and Service Level C. FISCAL IMPACT: If voter approved, upon build out of the development, the proposed rates and charges of $25.68 and 70.00 per parcel will generate an annual levy of $3,338.40 for the Service Level B and $9,100.00 for Service Level C. *The proposed Service Level D charge of $180.70 per parcel is the FY 2004-2005 rate. This rate will change base on a contractual agreement with CR&R, Inc. At the FY 2004-2005 assessment rate this charge will generate an annual levy of $23,491.00. (Pursuant to Proposition 218, Service Level D rate maybe increased by the TCSD for Fiscal Year 2005-2006 after conducting an additional public hearing. However, mailed ballot proceedings are not required to increase Service Level D rates and charges.) Actual costs for providing long-term residential street lighting and perimeter slope landscaping maintenance services within Tract Map Nos. 26828-1, -2 and Final will be absorbed into Service Level Band Service Level C upon installation of said improvements. The owner of Tract Map Nos. 26828-1, -2 and Final has paid the administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. ATTACHMENTS: 1. Vicinity Map 2. TCSD Landscape Maintenance Area 3. Resolution of Intention R:\smithb\E1ections\26828 Election\Staff-Notice of Hearing Am 07/01/2004 W MURRIETA HOT SPPZ CITY OF TEMECULA ��. BOUNDARY �SERAPHINA ROAD PROJECT SITE w GE LPL RITA WAY w N, Ppp JOSEPH ROAD z K�PANY FINBROOK 3 ,co Pp Pp ROAD CITY OF TEMECULA BOUNDARY NORTH TRACT NO. 26828-1, 26828-2 AND 26828 EXHIBIT B AVONDALE W RICFMICANOND APRIL 19, 2W4 erm�wa AREAS SUBJECT TO MAINTENANCE REQUIREMENTS a0000e "RETAINING WALL • m — = = FENCE/WALL AREAS TO BE MAINTAINED BY THE TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE AREA nnnnnnO01°"" PARKWAYAREA Rf j 1 I l I m n r iz a 14 1 s r I II I� I � I RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NOS. 26828-1, -2 AND FINAL BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ('TCSD"), to provide specified services to properties within its jurisdiction. Section 2. The TCSD provides long-term residential street lighting, perimeter landscaping and slope landscape maintenance, and refuse/recycling collection services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), and refuse/recycling collection (Service Level D) services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD hereby initiates proceedings to provide residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services within Tract Map Nos. 26828-1, -2 and Final beginning Fiscal Year 2005-2006. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, (Exhibit A) which Report contains a description of the real property and the proposed amount of the Service Level B, Service Level C, and Service Level D rates and charges required for residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services provided to each parcel within Tract Map Nos. 26828-1, -2 and Final and its subsequent phases beginning fiscal year 2005-2006. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same persons and together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charges are levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appearon the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the day of September 14, 2004 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California, 92590, as the time and place for the public hearing on the Report and the proposed Service Level B, Service Level C, and Service Level D rates and charges. At the public hearing, the Board of Directors will hearand consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 131h day of July, 2004. Chuck Washington, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk/District Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 04- was duly and regularly adopted by the board of Directors of the Temecula Community Services District at a regular meeting thereof held on 13'h of July, 2004. AYES: BOARD MEMBERS NOES: BOARD MEMBERS ABSENT: BOARD MEMBERS Exhibit A CITY OF TEMECULA TRACT MAP NO. 26828-1,-2 and Final INITIAL LEVY REPORT Service Levels B, C and D Temecula Community Services District (TCSD) Commencing Fiscal Year 2005-2006 INTENT MEETING: July 13, 2004 PUBLIC HEARING: September 14, 2004 INTRODUCTION: A. The TCSD Since December 1, 1989, the Temecula Community Services District ("TCSD") has provided residential street lighting, perimeters landscaping and slope maintenance, refuse and recycling collection and other services to properties within its jurisdiction. The boundary of the TCSD is coterminous with the boundary of the City of Temecula ("City"). To fund its services and maintain improvements within its boundaries, the TCSD collects rates and charges ("Charges"). The TCSD was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), refuse/recycling collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the TCSD, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. As required by these sections of the Government Code, the TCSD Board approves an Annual Levy Report each year describing the proposed rates and charges for that year. B. This Report This Initial Levy Report ("Report") is prepared and presented to the Board pursuant to Section 61621.2 of the Government Code to prescribe Rates and Charges beginning in FY 2005-2006 for the parcels and territory identified as Tract Map Nos. 26828-1, -2 and Final. The territory identified and described in this Report includes all parcels within the Tract Map Nos. 26828-1, -2 and Final, a future residential subdivision that consists of 35.5 gross acres of vacant property located to the north of Nicolas Road and west of Seraphina Road, with 130 planned residential units. The owner of record (sole property owner) has requested that the TCSD establish the parcel charges necessary to provide ongoing revenue for residential street lighting, perimeter landscaping and slope maintenance, and refuse/recycling collection services within this future residential subdivision. PLANS AND SPECIFICATIONS A. 13 C. Period Covered By Report This Report describes rates and charges to be imposed for Fiscal Year 2005-2006. The expectation of the TCSD is that these rates and charges will continue to be imposed on an annual basis thereafter in connection with the TCSD's annual rate and charge levy proceedings. Parcels Affected By This Report The rates and charges set forth in this Report shall affect all parcels included on Tract Map Nos. 26828-1, -2 and Final, recorded as follows: 26828-1 Book 318 Pages 97-100 Document # 2002-247817 26828-2 Book 319 Pages 1-4 Document # 2002-247842 26828 Book 319 Pages 5-9 Document #2002-247844 Description of Service Levels The proposed services to be provided to parcels within Tract Map Nos. 26828-1, -2 and Final include: residential street lighting; perimeter landscaping and slope maintenance; and refuse/recycling collection. Service Level B, Residential Street Lighting — includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on -going servicing, operation, and maintenance of local street lighting improvements. The rate and charge for Service Level B for Tract Map Nos. 26828-1, -2 and Final for Service Level B is 25.68 per year which will generate annual revenue of $3,338.40. Service Level C, Perimeter Landscaping and Slope Maintenance — includes all developed single family residential parcels and residential vacant parcels for which the TCSD provides on -going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with each development. The landscaped areas associated with this particular development include, but are not limited to, perimeter slope and landscaping, as follows: Within Tract 26828-1, the area behind the rear walls of the residential lots 18 through 35 to and including the Seraphina Road and Rita Way right of way. Within Tract 26828-2 the area behind residential lots 1 and 2 rear wall to the project boundary at Joseph Road. Also within Tract Map No. 26828-2 the area behind the rear walls on the east side of lots 24 and 25 to and including Seraphina Road right of way. Within Tract 26828, the area behind the rear walls on the east side of lots 20, 21, 32, 33, 44 and 45 to and including the Seraphina Road right of way. The cost of providing these services for these areas of slopes and landscaping is estimated to be $9,100.00 per year. Service Level D, Refuse and Recycling Services — provides for the operation and administration of the refuse/recycling collection program including street sweeping services for all single-family residential homes within the TCSD. The current cost of providing these services to single family residential homes for Fiscal Year 2004-2005 is $180.70 per year. This rate will be adjusted on an annual basis as per a contractual agreement between the City and CR&R, Inc the City of Temecula's franchised hauler. As per this agreement change to the rate are based on the previous year's CPI and Riverside County Waste Management's tipping fee rate at the County landfills. Thus, the cost of providing this service to the 130 parcels that will be identified as developed with a residential home within Tract Map Nos. 26828-1, -2 and Final, based on FY 2004-2005 rate would be $23,491.00 per year. METHOD OF APPORTIONMENT The cost to provide services within Tract Map Nos. 26828-1, -2 and Final will be fairly distributed among each assessable property by the same methods and formulas applied to all parcels within the various Service Levels of the TCSD. The following is the formula used to calculate each property's TCSD charges and is applied to Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slope Maintenance); and Service Level D (Refuse/Recycling Collection): Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge The following table reflects the levy calculation for each Service Level. TABLEI Proposed Service Level Charges For Tract Map No. 26828-1, -2 and Final Estimated Budget and Charges for Fiscal Year 2005-2006 SERVICE LEVEL Total Levy Planned Charge Per Budget Levy Units Levy Unit Service Level B: Residential Street Lighting $3,338.40 130 $25.68 Service Level C: Local Landscaping and Slopes $9,100.00 130 $70.00 Rate Level #5 (C-5) Service Level D: $23,491.00 130 $180.70* Refuse/recycling Collection *Based of FY 2004-2005 rate. The following tables (Table II through IV) show the methodology used to compute the levy for each parcel affected by this Report. TABLE II Parcel Charge Calculation for Service Level B Property Type Parcel Charge Multiplier Single family residential $25.68 Per Parcel Single family vacant $25.68 Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non -buildable parcels are not charged. TABLE III Parcel Charge Calculation for Service Level C Property Type Parcel Charge Multiplier Single family residential $70.00 Per Parcel Single family vacant $70.00 Per Parcel A charge is imposed on all residential parcels developed or undeveloped. Parks, open space areas, easements and non -buildable parcels are not charged. TABLE IV Parcel Charge Calculation for Service Level D Property Type Parcel Charge Multiplier Sin le family residential $180.70 Per Parcel This charge is imposed only on developed single-family residential parcels (with a residential home). This rate is for FY 2004-2005 and will change for FY 2005-2006. APPENDIX A — PARCEL LISTING (FY 2005-2006) The actual parcels subject to rates and charges for Service Level B, Service Level C and Service Level D beginning Fiscal Year 2005-2006 shall be those parcels within Tract Map Nos. 26828-1, -2 and Final identified on the Riverside County Secured Roll at the time all TCSD rates and charges are submitted to the County Auditor/Controller for inclusion on the tax roll for that fiscal year. The rates and method of apportionment outlined in this Report are consistent with the rates and methods previously approved by the TCSD Board of Directors for each applicable Service Level contained herein. However, all rates and methods described in this Report are subject to revision and modification within the prescribed parameters of the law. The actual rates and charges applied on the tax roll each fiscal year shall be apportioned and submitted according to the rates and method described in the final TCSD Annual Levy Report presented and approved by the Board of Directors at an annual Public Hearing. The following pages encompass a complete listing of all parcels within Tract Map Nos. 26828-1, -2 and Final subject to the TCSD Service Level B, Service Level C and Service Level D rates and charges beginning Fiscal Year 2005-2006. This listing shows the rate and charge that will be charged to each parcel based on development with a single family residential unit. The rates and charges applied to each newly subdivided residential parcel will reflect the services provided and the development of each respective parcel at the time the rates and charges are applied. Fiscal Year 2005-2006 Rates and Charges Tract 26828-1 Lot No. Svc Level B Svc Level C Svc Level D Total 1 $25.68 $70.00 $180.70 $276.38 2 $25.68 $70.00 $180.70 $276.38 3 $25.68 $70.00 $180.70 $276.38 4 $25.68 $70.00 $180.70 $276.38 5 $25.68 $70.00 $180.70 $276.38 6 $25.68 $70.00 $180.70 $276.38 7 1 $25.68 $70.00 $180.70 $276.38 8 $25.68 $70.00 $180.70 $276.38 9 $25.68 $70.00 $180.70 $276.38 10 $25.68 $70.00 $180.70 $276.38 11 $25.68 $70.00 $180.70 $276.38 12 $25.68 $70.00 $180.70 $276.38 13 $25.68 $70.00 $180.70 $276.38 14 1 $25.68 $70.00 $180.70 $276.38 15 $25.68 $70.00 $180.70 $276.38 16 $25.68 $70.00 $180.70 $276.38 17 $25.68 $70.00 $180.70 $276.38 18 $25.68 $70.00 $180.70 $276.38 19 $25.68 $70.00 $180.70 $276.38 20 $25.68 $70.00 $180.70 $276.38 21 $25.68 $70.00 $180.70 $276.38 22 $25.68 $70.00 $180.70 $276.38 23 $25.68 $70.00 $180.70 $276.38 24 $25.68 $70.00 $180.70 $276.38 25 $25.68 $70.00 $180.70 $276.38 26 $25.68 $70.00 $180.70 $276.38 27 $25.68 $70.00 $180.70 $276.38 28 $25.68 $70.00 $180.70 $276.38 29 $25.68 $70.00 $180.70 $276.38 30 $25.68 $70.00 $180.70 $276.38 31 $25.68 $70.00 $180.70 $276.38 32 $25.68 $70.00 $180.70 $276.38 33 $25.68 $70.00 $180.70 $276.38 34 $25.68 $70.00 $180.70 $276.38 35 1$25.68 $70.00 $180.70 $276.38 Tract Total 1 $898.80 1 $2,450.00 $6,324.50 $9,673.30 Tract26828-2 Lot No. Svc Level B Svc Level C Svc Level D Total 1 $25.68 $70.00 $180.70 $276.38 2 $25.68 $70.00 $180.70 $276.38 3 $25.68 $70.00 $180.70 $276.38 4 $25.68 $70.00 $180.70 $276.38 5 $25.68 $70.00 $180.70 $276.38 6 $25.68 $70.00 $180.70 $276.38 7 $25.68 $70.00 $180.70 $276.38 8 $25.68 $70.00 $180.70 $276.38 9 $25.68 $70.00 $180.70 $276.38 10 $25.68 $70.00 $180.70 $276.38 11 $25.68 $70.00 $180.70 $276.38 12 $25.68 $70.00 $180.70 $276.38 13 $25.68 $70.00 $180.70 $276.38 14 $25.68 $70.00 $180.70 $276.38 15 $25.68 $70.00 $180.70 $276.38 16 $25.68 $70.00 $180.70 $276.38 17 $25.68 $70.00 $180.70 $276.38 18 $25.68 $70.00 $180.70 $276.38 19 $25.68 $70.00 $180.70 $276.38 20 $25.68 $70.00 $180.70 $276.38 21 $25.68 $70.00 $180.70 $276.38 22 $25.68 $70.00 $180.70 $276.38 23 $25.68 $70.00 $180.70 $276.38 24 $25.68 $70.00 $180.70 $276.38 25 $25.68 $70.00 $180.70 $276.38 26 $25.68 $70.00 $180.70 $276.38 27 $25.68 $70.00 $180.70 $276.38 28 $25.68 $70.00 $180.70 $276.38 29 $25.68 $70.00 $180.70 $276.38 30 $25.68 $70.00 $180.70 $276.38 31 $25.68 $70.00 $180.70 $276.38 32 $25.68 $70.00 $180.70 $276.38 33 $25.68 $70.00 $180.70 $276.38 34 $25.68 $70.00 $180.70 $276.38 35 $25.68 $70.00 $180.70 $276.38 36 $25.68 $70.00 $180.70 $276.38 37 $25.68 $70.00 $180.70 $276.38 38 $25.68 $70.00 $180.70 $276.38 39 $25.68 $70.00 $180.70 $276.38 40 $25.68 $70.00 $180.70 $276.38 41 $25.68 $70.00 $180.70 $276.38 42 $25.68 $70.00 $180.70 $276.38 43 $25.68 $70.00 $180.70 $276.38 44 $25.68 $70.00 $180.70 $276.38 45 $25.68 $70.00 $180.70 $276.38 Tract Total $1,155.60 $3,150.00 $8,131.50 $12,437.10 Tract 26828 Lot No. Svc Level B Svc Level C Svc Level D Total 1 $25.68 $70.00 $180.70 $276.38 2 $25.68 $70.00 $180.70 $276.38 3 $25.68 S70.00 $180.70 $276.38 4 $25.68 $70.00 $180.70 $276.38 5 $25.68 $70.00 $180.70 $276.38 6 $25.68 $70.00 $180.70 $276.38 7 $25.68 $70.00 $180.70 $276.38 8 $25.68 $70.00 $180.70 $276.38 9 $25.68 $70.00 $180.70 $276.38 10 $25.68 $70.00 $180.70 $276.38 11 $25.68 $70.00 $180.70 $276.38 12 $25.68 $70.00 $180.70 $276.38 13 $25.68 $70.00 $180.70 S276.38 14 $25.68 $70.00 $180.70 $276.38 15 $25.68 $70.00 $180.70 $276.38 16 $25.68 $70.00 $180.70 $276.38 17 $25.68 $70.00 $180.70 $276.38 18 $25.68 $70.00 $180.70 $276.38 19 $25.68 $70.00 $180.70 $276.38 20 $25.68 $70.00 $180.70 $276.38 21 S25.68 $70.00 $180.70 $276.38 22 $25.68 $70.00 $180.70 $276.38 23 $25.68 $70.00 $180.70 $276.38 24 $25.68 $70.00 $180.70 $276.38 25 $25.68 $70.00 $180.70 S276.38 26 $25.68 $70.00 $180.70 $276.38 27 $25.68 $70.00 $180.70 $276.38 28 $25.68 $70.00 $180.70 $276.38 29 $25.68 $70.00 $180.70 $276.38 30 $25.68 $70.00 $180.70 $276.38 31 $25.68 $70.00 $180.70 $276.38 32 $25.68 $70.00 $180.70 $276.38 33 $25.68 $70.00 $180.70 $276.38 34 $25.68 $70.00 $180.70 $276.38 35 $25.68 $70.00 $180.70 $276.38 36 $25.68 $70.00 $180.70 $276.38 37 $25.68 $70.00 $180.70 $276.38 38 $25.68 $70.00 $180.70 $276.38 39 $25.68 $70.00 $180.70 $276.38 40 $25.68 $70.00 $180.70 $276.38 41 $25.68 $70.00 $180.70 $276.38 42 $25.68 $70.00 $180.70 $276.38 43 $25.68 $70.00 $180.70 $276.38 44 $25.68 $70.00 $180.70 $276.38 45 $25.68 $70.00 $180.70 $276.38 See next page 46 $25.68 $70.00 $180.70 $276.38 47 $25.68 $70.00 $180.70 $276.38 48 $25.68 $70.00 $180.70 $276.38 49 $25.68 $70.00 $180.70 $276.38 50 $25.68 $70.00 $180.70 $276.38 Tract Total $1,284.00 $3,500.00 $9,035.00 $13,819.00 Development Total $3,338.40 $9,100.00 $23,491.00 $359929.40 All lot numbers are by reference to: Tract Map No. 26828-1 as recorded by the Riverside County Office Recorder No. 2002- 247817 recorded on May 10, 2002. Tract Map No. 26828-2 as recorded by Riverside County Office Recorder No. 2002- 247842 recorded on May 10, 2002. Tract Map No. 26828 as recorded by Riverside County Office Recorder No. 2002-247844 recorded on May 10, 2002. "Rates for Service Level D for Fiscal Year 2005-2006 may be increased by further action of the City Council. REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JUNE 22, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:38 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Naggar, Roberts, and Stone ABSENT: 1 AGENCY MEMBERS: Washington Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of June 8, 2004. 2 Amendment No. 2 to the Financial Service Agreement with Rehab Financial Corporation for managing the Agency's Loan Portfolio RECOMMENDATION: 2.1 Approve Amendment No. 2 to the Financial Service Agreement with Rehab Financial Corporation to provide loan servicing for the Redevelopment Agency loan portfolio to extend the term of the agreement to June 30, 2005 and authorize the Executive Director of the Agency to execute the amendment. 3 Old Town Billboard Lease Agreement RECOMMENDATION: 3.1 Approve a $37,800 Lease Agreement with Lamar Advertising Company for the Old Town Billboard. MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1-3. The motion was seconded by Agency Member Stone and electronic vote reflected approval with the exception of Agency Member Washington who was absent. R: Vv1 i n u to s. rd a \0 622 04 DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 7:39 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 13, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAMinutes. rda\062204 ITEM 2 APPROVAL CITY ATTORNEY _ FINANCE DIRECTO CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members y/ FROM: John Meyer, Redevelopment Director '( I DATE: July 13, 2004 SUBJECT: Agreement between Melody's Ad Works and the Redevelopment Agency RECOMMENDATION: That the Agency Board approve an agreement with Melody's Ad Works for promoting and marketing Special Events in Old Town. BACKGROUND: Melody Brunsting, a Temecula public relations and special events coordinator, has been assisting the Agency in promoting and marketing special events in Old Town Temecula since 1999. Since that time, the Agency has expanded our special events to include the Bluegrass Festival, Youth Jazz, Western Days, Street Painting Festival, Hot Summer Friday Nights, Temecula On -Stage, Quilt Festival, Howl-O-Ween in Old Town, Erle Stanley Gardner Mystery Weekend and Christmas in Old Town. These special events attract visitors to Old Town in hosting a variety of activities of interest for the local community and tourists of all ages. Through these efforts, merchants and restaurants have benefited by increased business and continued support of Old Town's economic viability. FISCAL IMPACT: The $27,000 will be funded through the Old Town Implementation Plan (280- 199-999-5362). RASpecial Events\melodyagreementAPRIL04.doc REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES MELODY'S AD WORKS INC. THIS AGREEMENT, is made and effective as of July 1, 2004, between the Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency") and Melody's Ad Works Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 01, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The Agency agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. This amount shall not exceed Twenty Seven Thousand Dollars and 00 Cents ($27,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Expenses incurred by consultant will be billed separately and are not considered part of the services fee. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Consultant at the time Agency 's written authorization is given to Consultant for the performance of said services. The Executive Director may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the Agency disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. R:WgreementsVnelodyadswrks2004-5.doc 1 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The Agency may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the Agency . Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Agency shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computerfiles containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the Agency, upon reasonable written request by the Agency, the necessary R:\Agreements\melodyadswrks2004-5.doc computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the Agency , its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorneyfees and expert witness fees, or liability of any kind or nature which the Agency , its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the Agency . 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. R:\Agreements\melodyadswrks2004-5.doc C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Executive Director. At the option of the Executive Director, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Agency, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency , its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self - insured maintained by the Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. e. Acceotability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency . Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Agency . All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency 's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. R:�AgreementsVnelodyadswrks2004-5.doc 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at anytime or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Agency. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency 's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the Agency. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Agency. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, Agency 's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that parry may later designate by Notice. Notice shall be R:\Agreements\melodyadswrks2004-5.doe effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To Agency: Redevelopment Agency of the City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Executive Director To Consultant: Melody Brunsting Melody's Ad Works Inc. 21705 Como Street Wildomar, CA 92595 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Melody Brunsting shall perform the services described in this Agreement. Melody s Ads Works may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Melody Brunsting from Consultant's employ. Should he or she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Executive Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Redevelopment Agency of the City Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer, or employee of the Redevelopment Agency of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the Agency that no officer or employee of the Redevelopment Agency of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor f urther agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. R:\Agreements\melodyadswrks2004-5.doc 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral orwritten, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each parry's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Shawn D.Nelson, Executive Director Attest: Susan W. Jones, CMC Agency Secretary/ City Clerk R:�Agreem ents\melodyadswrks2004-5.doc Approved As to Form: Peter M. Thorson, Agency Counsel CONSULTANT 0 0 Title: (Signatures of two corporate officers required for Corporations) R:�AgreementsVn elodyadswrks2004-5.doc EXHIBIT A TASKS TO BE PERFORMED PAYMENT RATES AND SCHEDULE R:\Agreements\melodyadswrks2004-5.doc YA Marketing and Public Relations Budget Proposal Old Town Temecula Special Event Promotions 2004-2005 21705 Como Street A Wildomar A California 92595 Phone A (909) 556-1721 (909) 678-1456 A Fax (909) 678-5467 E-mail MelsadsCaol.com - Website: www.Temeculacalifornia.com Also hosting www.Temeculatheater.com, www.Giristalksoorts.com ccccQo ll��c� Z�cfl MDTD�� Marketing and Public Relations EVENT: Hot Summer Nights: The weekly format of Hot Summer Nights proved to work better for the year 2003 with regular crowds filling entertainment areas between 6 p.m. and 9 p.m. The combined use of two bands — at the north end and south end, plus the use of some form of street performer (Dynamite Dave) it Front and Main kept foot traffic flowing. Most stores remained open until 9 p.m. This year's scheduled is proposed for eight weeks beginning July 9 through August 27, 2004 Changes from previous year: • 8 weeks —July 9 through August 27, 2004 • EVERY FRIDAY. • One strong band in the center of town, smaller bands, entertainment on north and south end. o Kids Midway at one end of town with prizes Hot Summer Nights 8 week Budget: Melody's Ad Work, Inc. $ 6,500 Advertising $ 9,100 Kfrog $3600 MY 94.5 $2,400, PRINT $2800, KGTV $300 Entertainment $10,000 Facilities (stages where necessary) $ 1,840 Games $ 320 Permits $ 200 Hot Summer Nights $21, 460 21705 Como Street A Wildomar A California 92595 Phone A (909) 556-1721 (909) 678-1456 A Fax (909) 678-5467 E-mail Melsads@aol.com - Website: www.Temeculacalifornia.com Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com Lack WQt Marketing and Public Relations ANTIQUE FAIRE — NEW EVENT September 25, 2005 This is a proposed new event as requested by those merchants who objected to the Street Painting Festival street closures. They requested a street antique faire and we are currently working with a committee to develop this event. September was chosen, as it was one of the slowest times for merchants last year and we believe an added event will help jump start the holiday buying season. It will include up to 30 vendor -selling antiques, vendor fees, and possible street closures. Booth fees will be $100 for 10x10; $150 for I0x20; $200 for 20x20; with most requiring 20x20s. Advertising for vendors and participants needs to begin 9months prior to the event (January 2005). This will be done with small ads in antique and collectible publications, development and establishment of a web address and on-line applications, and by visiting antique events throughout the next year. Melody's Ad Works, Inc. $ 2,000 Advertising $ 3,600 Facilities $ 2,500 Vendor Insurance $ 1,200 Permits $ 200 Total Expenses Antique Street Faire $ 7,500 QUILT FESTIVAL October 2, 2004 No direct costs. Valley of Mist Quilting guild produces event and asks that the city include the event in their calendar. Melody's Ad Works to assist with calendar notices and publicity. $500 is placed in budget to assist them with permits and advertising costs relating to flyers and banner installation. This year the organization has arranged for workshops and a retreat for quilters in Temecula. Total Expenses Quilt Festival $ 500 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467 E-mail Melsads@aol.com - Website: w .Temeculacalifornia.com Also hosting w .Temeculatheater.com, w .Girlstalksoorts.com Melody s Ad Work - Marketing and Public Relations Howl-o-Ween in Old Town October 30 and 31, 2004 Weekend activities to include pumpkin decorating, broomstick decorating, costume contest and contest walk. Participating merchants will be recognized by signs in doors. Pet Costume Contest will return to Sam Hicks Park. It proved very successful last year. Melody's Ad Works $1,500 Entertainment $1,800 Prizes and supplies $ 500 Advertisements $1,800 Howl-O-Ween Expense Total $4,100 Erie Stanley Gardner Mystery Weekend November 6 and 7, 2004 This event continues to grow in recognition and community involvement. The committee now consists of members from the Temecula Valley Museum, Temecula Valley Players, media, Temecula Friends of the Library and the Temecula Valley Historical Society. It is a cooperative effort with the Museum and Temecula Valley Players to produce the first Mystery weekend. One component to the event will be added for 2004 — an antique car show. Includes: ❑ Mystery contest and prizes ❑ Writers workshops and seminars ❑ Characters performing throughout the town ❑ Final Performance of one Perry Mason Show tied to mystery contest ❑ Writing Competition for Youth — through adult amateur mystery writers. ❑ "Around Uncle Erle's Campfire" Cowboy Poetry evening Saturday ❑ Local merchants should sponsor prizes. ❑ Antique — original restored vehicles only — Car Show. Melody's Ad Works Fee $2,000 Advertising $4,250 Speakers Fees $1,500 Prizes $ 800 Reception costs/other $ 500 Facility Rentals ILL09 TOTAL $ 8,550 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467 E-mail Melsads@aol.com - Website: www.Temeculacaliforniaxom Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com Melody's Ad Works. Marketing and Public Relations Christmas in Old Town Saturdays & Sundays, November 20 and 21, 27 and 28, December 4 and 5, 11 and 12, 18 and 19, 2004 (Note the events will start BEFORE Thanksgiving weekend due to the shortened Shopping Season and late Thanksgiving). Santa's arrival to include horse drawn sleigh, reindeers and "ice skaters" that will toss confetti as snow. Last year the Country Porch sponsored the Santa booth for $1,000.00. We'll pursue this sponsorship again. They were pleased with the results. Melody's Ad works $5,500 Advertisements $7,000 Entertainment $6,250 Wreathes 500 Santa Supplies and decor $ 200 Facilities $2,000 Christmas Event Expenses $ 15,950 Bluegrass Festival March 19 and 20, 2005 • OVERNIGHT STREET CLOSURE — 3RD STREET • 3rd stage needs to be moved — possibly to Main and Mercedes or to Main at the Children's Museum due to Harley/motorcycle conflicts. • Will discuss with Quaid to schedule poker run another day. • Increase sponsorship sales and work on partnership with Pechanga regarding overnight camping and shuttles. • Sponsorship for event was $1650 this year, with approximately $1600 in vendors. Vendor and sponsor fees will double for 2005 with the goal of doubling the income. Melody's Ad Works 3,000 Advertisements $ 2,500 Entertainment $12,000 Facilities $ 6,000 2005 Bluegrass Expenses $ 20,500 21705 Como Street A Wildomar A California 92595 Phone A (909) 556-1721 (909) 678-1456 A Fax (909) 678-5467 E-mail Melsads@aol.com - Website: www.Temeculacalifornia.com Also hosting www.Temeculatheater.com, www.Gidstalksoorts.com Melody's Ad Works Marketing and Public Relations Painted Parasol Music Festival Dates April 23, 2005 In 2004 we created the Youth Jazz Festival only to have 2 other jazz festivals announced, plus the Wilson Creek and Thornton Jazz Series. The youth bands are at their peak in April as they compete in numerous school -sponsored festivals and they appreciate the opportunity to play. This brings the families. We are proposing Blues and Jazz with the youth bands playing early and the Blues bands finishing off the event and performing until 7 p.m. This will draw two types of crowds —families and the dinner weekend crowd. Additionally the event will provide small plastic parasols for youth and adults to paint. A tented craft village with the parasol workshop area will be included with the event and designed to provide creative/interactive activities for families to create together during the musical activities. Melody's Ad Works $2,000 Entertainment $3,500 Advertisement $2,000 Facilities $2,500 Jazz and Blues Fest Expenses $8,000 Western Days May 21 and 22, 2005 No changes to the event other than budgeting for facilities. With many of our lots under construction, the future need for seating, toilets, etc. is anticipated with the Facilities line item. This event draws a good crowd and vendor response. It is possible to increase income with vendors providing the right venue for both the performances and vendors are made available. Melody's Ad Works $2,000 Entertainment $2,450 Facilities $ 700 Advertisement $2.000 Western Days 2005 expenses $5,150 21705 Como Street A Wildomar A California 92595 Phone A (909) 556-1721 (909) 678-1456 A Fax (909) 678-5467 E-mail Melsads@aol.com - Website: www.Temeculacalifornia.com Also hosting www.Temeculatheaterxom, www.Girlstalksoorts.com A Wort Marketing and Public Relations Street Painting Festival June 18 and 19, 2005 We propose to take up the length of Main Street from the bridge to Mercedes for 2005. Artists and Main Street merchants where streets were closed were equally pleased with the new location of Main Street. This event needs more space, and loses continuity when it turns corners. Pre -registered artists went from 25 to 80 in a 2- hour period after the registration deadline and all work was top quality. Youth participating for 2004 was also up with all youth chalk sets completely consumed. Sponsorships were also up this year with cash coming from La Masters, Community National Bank, the Fine Arts Network and California Coast Credit Union. Melody's Ad Works will pursue more cash sponsors for 2005 including related products such as "dust buster, " and art supply houses. Melody's Ad Works $2,500 Advertisement $2,000 Entertainment $2,250 Supplies — chalk, etc. $ 800 Facilities $1 250 Street Painting Festival Expenses $6,300 Map/Directory of Old Town Visitors, local storeowners, and various tour operators have made numerous requests for maps of Old Town Temecula. The Temecula Valley Museum board and the Temecula Valley Historical Society are both working on map projects independently. Melody's Ad Works will pursue the possibility of combining efforts on a map. The purpose, however, is to have a listing of the local businesses/buildings, restaurant locator, and historical sites in Old Town. Cost for production/printing $5,000 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (909) 556-1721 (909) 678-1456 4 Fax (909) 678-5467 E-mail Melsads@aol.com - Website: w .Temeculacalifornia.com Also hosting w Jemeculathealer.com, w .Girlstalksoorts.com Lack wQt Marketing and Public Relations TOTAL BUDGET 2004-2005 HOT SUMMER NIGHTS $20,460 QUILT FESTIVAL $ 500 ANTIQUE FAIRE $ 7,500 HALLOWEEN $ 4,100 ERLE STANLEY GARDNER $ 9,000 COUNTRY CHRISTMAS IN OLD TOWN $15,950 BLUEGRASS FESTIVAL $20,500 MUSIC FESTIVAL $ 8,000 WESTERN DAYS $ 5,150 STREET PAINTING FESTIVAL $ 6,300 OLD TOWN MAP/DIRECTORY $ 5,000 TOTAL 102,460 MELODY'S AD WORKS, INC. 27,000 Expenses incurred by Melody's Ad Works Inc., in order to conduct these programs such as printing, postage, wreath supplies, Christmas decorations, ice, signage, ice, prizes, games and toys for the events will be billed separately and are not part of the contract price for services. 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (909) 556-1721 (909) 678-1456 ^ Fax (909) 678-5467 E-mail Melsads®aol.com - Website: www.Temeculacalifornia.com Also hosting www.Temeculatheater.com, www.Girlstalksoorts.com TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY MARCH 16, 2004 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:18 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, Naggar ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of February 10, 2004. 2 Revised Deposit Agreement — Proposed Roripaugh Ranch Community Facilities District RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING AMENDED AND RESTATED DEPOSIT/REIMBURSEMENT AGREEMENT — RORIPAUGH RANCH MOTION: Authority Member Stone moved to approve Consent Calendar Item Nos. 1-2. The motion was seconded by Authority Member Comerchero and voice vote reflected approval with the exception of Authority Member Roberts who abstained with regard to 1.1. R:minutes.tpfa\ lOU EXECUTIVE DIRECTOR'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:19 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Michael S. Naggar, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] R: m i n utes.tpfa%021004 ITEM 2 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 13, 2004 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-1 (Crowne Hill) PREPARED BY: Polly von Richter, Senior Debt Analyst f RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO.03-1 (CROWNE HILL) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On January 28, 2003 the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On March 25, 2003, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On June 24, 2003 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On July 24, 2003 special tax bonds in the amount of $12,500,000 were issued. The proceeds of the bonds were used to eliminate a County special assessment lien on the land in the CFD and to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District and a letter of credit provided by the developer. The maximum special tax levy as calculated by Albert Webb Associates, special tax consultant, required for the 2004-05 fiscal year is $911,826.20 FISCAL IMPACT: The calculated maximum special tax levy required for the 2004-05 fiscal year is $911,826.20. Attachments: -Special Tax Calculation Worksheet -Resolution No. TPFA 04- RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-1 (CROWNE HILL) WHEREAS, the Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-1 (Crowne Hill) (the "CFD"), created pursuantto the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act'); and WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 03-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body for Community Facilities District No. 03-1 (Crowne Hill) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $911,826.20 on the taxable parcels located in the CFD for Fiscal Year 2004-05 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor -Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-05 the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1 (Crowne Hill)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 13`h day of July, 2004 Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 13th day of July, 2004, by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City Clerk/Authority Secretary March 2005 Interest September 2005 Interest September 2005 Principal Total Debt Service Reserve Fund Requirement Current Reserve Fund Balance Surplus/(Deficit) Reserve Adjustment Earnings Credit Total Obligation Fiscal Agent Tax Consultant (Webb) Auditor -Controller Auditor -Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Foreclosure Counsel District Administration Total Administration Total Obligation Total Administration Prior Year Deficit (Surplus) Total Requirement Administration % of Levy District % of Levy Delinquency Rate for Fiscal Year 2002-03 0.00% Delinquency Rate for Fiscal Year 2003-04 3.00% Current # of parcels 776 $863,900.00 $873,608.37 $9,708.37 $0.00 $331,805.63 $331,805.63 $663,611.26 $200,000.00 $863,611.26 -$9,708.37 $0.00 $0.00 $853,902.89 FY 03-04 FY 04-05 Actual Lew Difference $5,000.00 $5,350.00 $350.00 $8,500.00 $8,500.00 $0.00 $100.00 $100.00 $0.00 $0.16 $124.16 $124.16 $0.00 $0.35 $1,209.10 $271.60 ($937.50) $0.00 $0.00 $0.00 $18,000.00 $18,000.00 $0.00 $32,933.26 $32,345.76 -$587.50 $853,902.89 $32,345.76 $25,577.55 $911,826.20 Maximum Authorized Levy $1,902,707.19 FY 2003-04 Levy $850,902.52 Difference $60,923.68 3.55% 1.97% ACCOUNT FUNDS BALANCE AVAILABLE ACCOUNT DESCRIPTION JUNE 4, 2004 FOR SEPT P & I Special Tax Fund $413,792.47 $413,792.47 City Improvement Fund $1,395,013.14 Cap Interest Fund $44,685.61 $44,685.61 Acquisition Account $1,283,327.70 Reserve Fund $873,608.37 Cal Trans Improvement Fund $1,003,115.06 Administrative Account $167,295.56 Subtotal $5,180,837.91 $458,478.08 Funds Needed for Sept. P & 1 $484,055.63 Reserve Fund $873,608.37 Total of Other Sources $873,608.37 ITEM 3 APPROVAL CITY ATTORNEY_ DIR. OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 13, 2004 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 01-2 (Harveston) PREPARED BY: Polly von Richter, Senior Debt Analyst RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO.01-2 (HARVESTON) BACKGROUND: The Temecula Public Financing Authority (the "Authority") was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency to assist in the refinancing of the Winchester Hills CFD 98-1. The Winchester Hills 98-1 CFD was originally established to refinance delinquent assessments and to prepay and discharge all future assessment liens on properties within the District levied by the County of Riverside acting through its Assessment District 161 and Assessment District 156. On December 11, 2001 the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On March 26, 2002, resolutions were adopted forming the District and declaring the necessity to incur bonded indebtedness. On August 13, 2002 the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On August 28, 2002 special tax bonds in the amount of $17,310,000 were issued. The proceeds of the bonds were applied to the pay the redemption price of $11,025,000 of the 1998 Winchester Hills bonds and to establish an escrow fund for the payment of $560,000 of the 1998 bonds on their sinking fund payment dates or maturity date. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District and a letter of credit provided by the developer. The special tax levy as calculated by Albert Webb Associates, special tax consultant, required for the 2004-05 fiscal year is $659,727.88, which is the sum of CFD 01-2 A & B (as noted in exhibits). FISCAL IMPACT: The calculated special tax levy required for the 2004-05 fiscal year is $659,727.88. Attachments: -Special Tax Calculation Worksheet -Resolution No. TPFA 04- RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO.01-2 (HARVESTON) WHEREAS, the Temecula Public Financing Authority is the legislative bodyfor Community Facilities District No. 01-2 (Harveston)(the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act'); and WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 02-01 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body for Community Facilities District No. 01-2 (Harveston) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, there is to be levied an aggregate special tax of $659,727.88 on the taxable parcels located in the CFD for Fiscal Year 2004-05 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor -Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 01-2 (Harveston)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 13'" day of July, 2004. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 13th day of July, 2004 by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City Clerk/Authority Secretary March 2005 Interest September 2005 Interest September 2005 Principal Total Debt Service Fiscal Agent Tax Consultant (Webb) Auditor -Controller Auditor -Controller ($ X the # of parcels) Tax Collector (new charge $ X the total levy) Standard & Poors Rebate Calculation Remarking Fee Foreclosure Counsel Letter of Credit Fee District Administration Total Administration Total District A Obligation Total Administration Total District A Requirement Administration % of Levy District % of Levy Delinquency Rate for Fiscal Year 2002-03 0.00% Delinquency Rate for Fiscal Year 2003-04 0.12% Current # of parcels 388 Avg. Interest 1.00% $173,100.00 $173,100.00 FY 03-04 FY 04-05 Actual Levy Difference $8,735.00 $9,100.00 $365.00 $10,000.00 $10,000.00 $0.00 $100.00 $100.00 $0.00 $0.16 $62.08 $62.08 $0.00 $0.35 $1,260.53 $135.80 ($1,124.73) $3,500.00 $3,500.00 $0.00 $0.00 $500.00 $500.00 0.09% $15,579.00 $15,579.00 $0.00 $0.00 $0.00 $0.00 1.25% $216,375.00 $216,375.00 $0.00 $25,000.00 $25,000.00 $0.00 $280,611.61 $280,351.88 ($259.73) $173,100.00 $280,351.88 $453,451.88 Maximum Authorized Levy $1,569,113.12 District A FY 2003-04 Levy $589,182.80 Difference-$135,730.92 61.83% 5.51 % Service provided City Administration Total Administration Prior Year Annual Amount $206,276.00 Authorized annual increase 1.00% Maximum Special Tax B after 10 years $227,857.03 Prior Year Current Year Law Levy Difference $196,776.00 $196,776.00 $0.00 $9,500.00 $9,500.00 $0.00 $206,276.00 $206,276.00 $0.00 4.�rY1 i�F3.ifiQ, i=l ih'!i.Y sue.'..%-�•A'( � : �.� FY 2003-04 Levy $206,276.00 Difference $0.00 ITEM 4 CITY ATTORNEY_ DIR. OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Executive Director/Authority Members FROM: Genie Roberts, Director of Finance DATE: July 13, 2004 SUBJECT: Authorization of Special Tax Levy in Community Facilities District No. 03-3 (Wolf Creek) PREPARED BY: Polly von Richter, Senior Debt Analyst (� RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) BACKGROUND: The Temecula Public Financing Authority (the "Authority') was created pursuant to a joint exercise of powers agreement between the City of Temecula and the Temecula Redevelopment Agency. On July 22, 2003 the Authority adopted a resolution of intention relative to a proposed community facilities district (the "District). The resolution of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. On October 28, 2003, resolutions were adopted forming the District and declaring the necessity to incur bond indebtedness. On November 18, 2003, the Authority Board of Directors approved a resolution authorizing the issuance of special tax bonds. On December 18, 2003 special tax bonds in the amount of $30,990,000 were issued. Proceeds of the bonds in the amount of $4,409,530 were used to discharge the assessment liens on property in the District for the County's Assessment District No. 159. Additional proceeds will be used to finance various public improvements specified in the CFD proceedings. The bonds are special, limited obligations of the Authority secured solely by the special taxes levied in the District. The special tax levy as calculated by Albert Webb Associates, special tax consultant, required for the 2004-05 fiscal year is $2,120,089.40. FISCAL IMPACT: The calculated special tax levy required for the 2004-05 fiscal year is $2,120,089.40. Attachments: -Special Tax Calculation Worksheet -Resolution No. TPFA 04- RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 03-3 (WOLF CREEK) WHEREAS, the Temecula Public Financing Authority is the legislative body for Community Facilities District No. 03-3 (Wolf Creek) (the "CFD"), created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act'); and WHEREAS, the Board of Directors has enacted Ordinance No. TPFA 03-02 in accordance with Government Code Section 53340 authorizing the levy of a special tax assessment on the property located within the CFD; and WHEREAS, the Board of Directors has completed all steps necessary to levy a special tax assessment in accordance with the procedures set forth in the Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body for Community Facilities District No. 03-3 (Wolf Creek) as follows: Section 1. Each of the above recitals is true and correct. Section 2. Pursuant to the provisions of Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $ 2,120,089.40 on the taxable parcels located in the CFD for Fiscal Year 2004-05 as set forth on a magnetic tape to be provided by Albert A. Webb Associates to the Auditor -Controller of the County. Section 3. The special tax levy set forth above does not exceed the amount previously authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-2, and is not in excess of that previously approved by the qualified electorate of the CFD. Section 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the costs of the following items: A. Payment of principal and interest on the outstanding authorized bonded indebtedness. B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. C. Payment of the administrative costs and incidental expenses of the CFD, as provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act. The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any other purpose. Section 5. The Auditor -Controller of the County is hereby directed to enter the installment of the special tax for the exact rate and amount of the special tax levied in accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf Creek)" on the next County assessment roll on which taxes will become due. Section 6. The County Auditor -Controller shall, at the close of the tax collection period, promptly render to the CFD a detailed report showing the amounts of the special tax installments, penalties, interest and fees collected, and from which properties they have been collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing responsibilities shall be in accordance with a contract entered into between the CFD and the Auditor, pursuant to Section 29304 of the Government Code. Section 7. The Authority Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 13th day of July, 2004. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a regular meeting thereof, held on the 13th day of July, 2004 by the following vote of the Board of Directors: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Susan W. Jones, CMC City Clerk/Authority Secretary Bonds Outstanding $30,990,000.00 Delinquency Rate for Fiscal Year 2002-03 N/A Delinquency Rate for Fiscal Year 2003-04 N/A Current # of parcels 7 March 2005 Interest $834,217.50 September 2005 Interest $834,217.50 $1,668,435.00 September 2005 Principal $500,000.00 Total Debt Service $2,168,435.00 Reserve Fund Requirement $2,171,120.00 Current Reserve Fund Balance $2,174,007.09 Surplus/(Deficit) $2,887.09 -$2,887.09 Reserve Adjustment $0.00 $0.00 Earnings Credit $0.00 Total Obligation $2,165,547.91 FY 03-04 FY 04-05 Actual Lew Fiscal Agent " $5,600.00 Tax Consultant (Webb) $10,000.00 Auditor -Controller $100.00 Auditor -Controller ($ X the # of parcels) $0.16 $1.12 Tax Collector (new charge $ X the total levy) $0.35 $2.45 Foreclosure Counsel $0.00 District Administration $30,000.00 Total Administration $45,703.57 Total Obligation $2,165,547.91 Total Administration $45,703.57 Prior Year Deficit (Surplus) ($91,162.08) Total Requirement $2,120,089.40 Administration % of Levy 2.16% District % of Levy 1.42% Maximum Authorized Levy $3,711,635.30 FY 2003-04 Levy " $0.00 Difference $2,120,089.40 " Because CFD 03-3 (Wolf Creek) was finalized in January 2004, comparison information is not available. ACCOUNT FUNDS BALANCE AVAILABLE JUNE 4, 2004 FOR SEPT P & I City Improvement Fund $7,795,620.70 Cap Interest Fund $835,421.21 $835,421.21 EMWD Impry Fund $3,631,948.87 Acquisition Account $9,923,939.02 Cost of Issuance $89,958.37 $89,958.37 Reserve Fund $2,174,007.09 Administrative Account $10,480.51 Subtotal $24,461,375.77 $925,379.58 Funds Needed for Sept. P & 1 $834,217.50 Reserve Fund $2,174,007.09 Total of Other Sources $2,174,007.09 ITEM 24 U=iz11 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire Chief DATE: July 13, 2004 SUBJECT: Amendment to the TMC Chapter 15 (Fire Sprinkler exemption) PREPARED BY: Jim McBride, Fire Marshal RECOMMENDATION: Continue the public hearing to the meeting of July 27, 2004. BACKGROUND: This is an administrative clean-up item that involves a minor exemption to the Municipal Code exempting some minor barn structures from the requirement for fire sprinklers. This exemption will apply only to open barn structures away from other improvements and will not compromise public safety at all, but will alleviate an unnecessary burden in a few select cases. Staff requests the public hearing be continued to the meeting of the 27`" to allow further work and development of the specific language to be used in the amendment to the ordinance. FISCAL IMPACT: None ATTACHMENTS: None CADocaments and 5etbngsVim.0Grady\Loca1 Settings\Temporary Internet Files\OLKl D\TMC Amendment for non sprinklered barns CONTINUATIONAw REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA per- A tear completing, please return to the City Clerk. Thank You. Date I wish to speak on Agenda Item No. For Subject: Against (reti 2 Z �'� ll Name: Phone: � Address: (City/State/Zip: If you are representing an organization or group, (G�;U,4 give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date 1� 4 1 wish to speak on Agenda Item No. (i I For Against 1 U I J( i G to V�k Subject: Name: Q ✓ 23 I ✓ Cvn} Phone: Address: City/State/Zip: �2 S �2 ��0— If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date 7 13 1 wish to speak on Agenda Item No. For Against Subject: Name: �_1-a, Phone:_ Address: . City/State/Zip: T� � ly (A 9 z.r9 z If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record.