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HomeMy WebLinkAbout102897 CC AgendaIn 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 TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE ,OCTOBER 28, 1997- 7:00 PM Code $ectionl: 1) § 54956.8, Conference with Real Property Neg:etiator, Property: 28735 Pujol Street (APN 922~062-019); Negot!~ing Parties: City of Tem.ec~la'Redevelopment Agency and Irene Ladanyi; Under negotiation: prik~e' and terme of payment. 2) §54956~8, C.pnference with.Real Proi~erty Negotiator~ Property: 28545 Front Street (APN 922-035-001 ); iNegotiatiitg. ,Parties.: City of Temecula Redevelopment Agency and Ladd Penfold; Under negotiation:' price 'and: ~erms of Payment. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 97-21 Resolution: No. 97-114 Mayor Patricia H. Birdsall presiding Katie Jones Dr. Stephen Struikman, Rancho Community Church Councilmember Stone Ford, Lindemans, Roberts, Stone, Birdsall R:~Agenda\102897 PRESENTATIONS/ PROCLAMATIONS Proclamation Honoring Carolyn Knight Introduction of K-9 Officer and Partner #Hunter" PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calender are considered to be routine and all will be enacted by one roll cell vote. Them will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance Adoption Procedur{} 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 October 7, 1997. R:~Agenda\102897 ~ 2 4 6 Resolution AD0roving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Release Erosion Control - Landscape Improvement Bonds in Tracts No. 24131- through 24135 (Located Southeasterly of intersection of Margarita Road at Pauba Road) RECOMMENDATION: 4.1 Authorize the release of Erosion Control - Landscape Improvement Faithful Performance Bonds in Tracts No. 24131 through 24135; 4.2 Direct the City Clerk to so notify the Developer and Surety. Acceptance of Public Streets into the City-Maintained Street System {Within Tracts NO, 23267-2 and 23267-3) (Located Southwesterly of the intersection of Highway 79(S) at Margarita Road) RECOMMENDATION: ,5,1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 23267-2 AND 23267-3) Acce_~t Subdivision Imnrovements in Tract No. 23267-3 (Located Southwesterly of the intersection of Highway 79 (S) at Margarita Road) RECOMMENDATION: Accept the public improvements in Tract No, 23267-3; Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System security amounts, and release of the Subdivision Monumentation security; Direct the City Clerk to so advise the Developer and Surety. 6.1 6.2 6.3 R:\Agenda\102897 10 Acce_ot Subdivision Imorovements in Tract No. 23267-2 (Located Southwesterly of intersection of Highway 79 (S) at Margarita Road) RECOMMENDATION: 7.1 Accept the public improvements in Tract No. 23267-2; 7.2 7.3 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System security amounts, and release of the Subdivision Monumentation security; Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 21673-F (Located Northeasterly of the intersection of Rancho Vista Road at Margarita Road) RECOMMENDATION: 8.1 Authorize the release of the Faithful Performance Warranty and Labor and Materials securities for Streets, Water and Sewer Improvements in Tract No. 21673-F; 8.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Bonds in Tract No. 2413:~- 2 (Located Easterly of the intersection of Santiago Road at Margarita Road) RECOMMENDATION: 9.1 Authorize release of the Faithful Performance Warranty and Labor and Material Bonds for the public street, drainage, water, and sewer improvements in Tract No. 24133-2; 9.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No, 24133-3 (Located at the Northeasterly corner of Santiago Road at Margarita Road) RECOMMENDATION: 10.1 Authorize the release of the Faithful Performance Warranty and Labor and Materials securities for Street, Drainage, and Water and Sewer improvements; 10.2 Direct the City Clerk to so advise the Developer and Surety. R:~Agenda~102897 4 11 12 13 14 Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 24134-3 (Located Northeasterly of the intersection of Santiago Road at Margarita Road) RECOMMENDATION: 11.1 Authorize the release of the Faithful Performance Warranty and Labor and Materials securities for Street, Drainage, Water and Sewer Improvements in Tract No. 24134- 3; 11.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 24134-F (Located at the Northeasterly corner of Santiago Road at Margarita Road) RECOMMENDATION: 12.1 Authorize the release of the Faithful Performance Warranty and Labor and Materials securities for Street, Drainage, Water and Sewer Improvements in Tract No. 24134- F; 12.2 Direct the City Clerk to so advise the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Bonds in Tract No. 25004- 1 (Located Northeasterly of the intersection of Nicolas Road at North General Kearny Road) RECOMMENDATION: 13.1 Authorize release of the Faithful Performance Warranty and Labor and Material securities for the public street, drainage, water and sewer improvements in Tract No. 25004-1; 13.2 Direct the City Clerk to so advise the Developer and Surety. Acce_ot Substitute Faithful Performance Warranty Securities. and Release Labor and Materials Securities in Tract No. 26861-3 (Located Southwesterly of the intersection of Highway 79 S at Margarita Road) RECOMMENDATION: 14.1 Accept substitute faithful performance warranty securities; 14.2 Authorize release of Labor and Materials securities and the original Faithful Performance securities for private streets and drainage, and water and sewer systems in Tract No. 26861-3; 14.3 Direct the City Clerk to so notify the developer and surety. R:~Agenda\102897 5 15 Acceot Substitute Faithful Performance Warranty Securities. and Release Labor and Materials Securities in Tract No. 26861-F (Located Southwesterly of the intersection of Margarita Road at Highway 79S) RECOMMENDATION: 15.1 Accept substitute Faithful Performance Warranty securities; 15.2 Authorize release of Labor and Materials securities and the original Faithful Performance securities for private street, water and sewer system improvements in Tract No. 26861-F; 15.3 Direct the City Clerk to so advise the developer and surety. 16 Acceotance of Easements by the City of Temecula from Electrend. Inc. and Marqarit;t Canyon LLC for Provision of Access to Eastern Munici_oal Water District's Sewer Facilities and Slone Easement Resoectivelv. in Connection with the Realionment of Streets Near 1;h~ Intersection of Front Street and Hiqhwav 79 South for the 1-15/Hiqhwav 79 South Interchanqe Imorovements - Pro_iect No. PW96-O5 RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN ACCESS EASEMENT FROM ELECTREND, INC. FOR PROVISION OF ACCESS TO EASTERN MUNICIPAL WATER DISTRICT'S SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE EASEMENT ACCEPTANCE IN CONNECTION THEREWITH 16.2 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A SLOPE EASEMENT FROM MARGARITA CANYON LLC FOR CREATING SLOPES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE EASEMENT ACCEPTANCE IN CONNECTION THEREWITH 16.3 Authorize and direct the City Clerk to record the documents approved by the Resolutions as listed above. R:\Agenda~102897 6 17 "All-Way Sto_o" - Nicolas Road at North General Kearny Road 18 19 20 21 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN 'ALL-WAY STOP' INTERSECTION AT NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD Award Contracts for the Installation of the Electric Charqinq Stations in the City Maintenance Yard and the Sixth Street Parkin_(] Lot RECOMMENDATIONS: 18.1 Award a contract to Edison EV to install Electric Charging Stations in the City Maintenance Yard and the Sixth Street Parking Lot in the amount of $27,663. 18.2 Approve a contract with AQMD to obtain funding for a portion of the cost to install the Electric Charging Stations in the City Maintenance Yard and the Sixth Street Parking Lot. 18.3 Appropriate $27,663 in the AB2766 Funds. Disoosal of City Vehicles RECOMMENDATION: 19.1 Approve the disposal of three City vehicles through donation to the Temecula Volunteer Fire Department. Purchase of Additional Comnuter Information Storaqe Devi(;~)~ RECOMMENDATION: 20.1 Authorize the purchase of eight (8) Compaq 9.1GB Hard Disk Drives and two (2) 128MB Memory upgrade kits from CompUSA, San Bernardino, at a cost of $15,595.88 to be used in upgrading two of the City's current Compaq File Servers. Computer Traininq Services RECOMMENDATION: 21.1 Approve a Professional Services Agreement for computer related training with Business Information Solutions, for an amount not to exceed $6,000. R:\Agenda\102897 7 22 23 24 Suoerior Court in Temecula RECOMMENDATION: 22.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ENCOURAGE THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO AGGRESSIVELY PURSUE FUNDING FOR A SUPERIOR COURT FACILITY TO BE LOCATED IN THE CITY OF TEMECULA Temecula Library Volunteer Coordinator RECOMMENDATION: 23.1 Authorize the Mayor to execute a contract with the Riverside County Library System (RCLS) for the City of Temecula to provide funding for RCLS to hire a volunteer coordinator for the Temecula Library. Transfer of Governance of Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) to the City RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RATIFYING AGREEMENT FOR TRANSFER OF GOVERNANCE OF COMMUNITY FACILITIES DISTRICT*NO. 88-12 {YNEZ CORRIDOR) FROM THE COUNTY TO THE CITY 25 Second Read)n(] of Ordinance No. 97-19 RECOMMENDATION: 25.1 Adopt an ordinance entitled: ORDINANCE NO. 97-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0160 AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO REDUCE THE DWELLING UNITS FROM 4,047 TO 3,922 UNITS, TO ELIMINATE THE COMMERCIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS R:~Agenda\102897 8 26 PARKWAY, TO ADD AN APPROXIMATELY 12.5 ACRE PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS PARKWAY, AND TO REVISE ROADWAY CROSS-SECTIONS, DESIGN GUIDELINES, AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE "A" Second Readin_= of Ordinance No. 97-2q RECOMMENDATION: 26.1 Adopt an ordinance entitled: ORDINANCE NO. 97-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED 'AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, SPECIFIC PLAN NO. 199, VILLAGE A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING APPLICATION NO. PA97-0204 'MARGARITA VILLAGE,' TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC." RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING AND THE TEMECULA REDEVELOPMENT AGENCY MEETING R:~Agenda\102897 9 TEMECULA COMMUNi':T~.i SE 'RVICES D~TRICT MEETING . . Next in Order: Ordinance: No. CSD 97-01 Resolution: No. CSD 97-14 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors .on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two {2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" before the Board of Directors gets to that item. individual speakers. form must be filed with the City Clerk There is a five (5) minute time limit for 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 ~ name and address for the record. CONSENT CALENDAR 1 Mirlutes RECOMMENDATION: 1.1 Approve the minutes of October 7, 1997. PUBLIC HEARINGS Any person may submit written comments to the Board of Directors before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. R:~Agenda~102897 10 2 Pro_Dosed Residential Street Liqhtinq and SIo_oe/Landscaoe Maintenance Fee - Tract 28309 ~Reeencv Homes) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTiCE OF AN ELECTION TO BE HELD ON DECEMBER 12, 1997 FOR PROPERTY OWNERS WITHIN TRACT NO. 28309 (REGENCY HOMES) TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 1998-99 PURSUANT TO ARTICLE Xlll, SECTION 8 OF THE CALIFORNIA CONSTITUTION 2.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots. 2.3 Authorize staff to mail the b~llots to the affected property owners pursuant to the aforementioned process. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: November 18, 1997, 7:00 PM, City Council 'Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102897 11 TEME'CULA REDEVELOPMENT AGENCY MEETING 4~'~ ...... :'::'::' ':'' ' ' ' ':::::: :''"" ' ' Next in Order: Ordinance: No. RDA 97-01 Resolution: No. RDA 97-07 CALL TO ORDER: Chairperson Steven J. Ford presiding ROLL CALL: AGENCY MEMBERS:, Birdsall, Lindemans, Roberts, Stone, Ford PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 7, 1997. DEPARTMENTAL REPORT REDEVELOPMENT DIRECTOR'S REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: November lB, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda~102897 12 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 27 28 Award of Contract for the Construction of Rancho California Road at Interstate Route Bridoe Widening and Northbound Ram_o Imorovements - Proiect No. PW95-12 RECOMMENDATION: 27.1 Award a contract for the construction of Rancho California.Road at Interstate Route 15, Bridge Widening and Northbound Ramps Improvements, Project No. PW95-12, to Riverside Construction Company for the base bid of $3,907,776.00 and authorize the Mayor to execute the contract. 27.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $390,77.60, which is equal to 10% of the contract amount. 27.3 Accelerate the appropriation of $1,200,000.00 from FY 1998-99 to the current FY1997-98 Budget Year. Professional Services Agreements with Albert A. Webb Associates. McDaniel Enqineerin_q Comnanv. Inc.. and Petra Geotechnical. Inc. For Rancho California Road at Interstate Route 15. Bridge Widening and Northbound Ram_o ImDrovements. Pro!ect No. PW95-1 ? RECOMMENDATION: 28.1 Approve a Professional Services Agreement for Professional Inspection Services for Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements to Albert A. Webb Associates for $268,800.00 and authorize the Mayor to execute the contract. 28.2 Authorize the City Manager to approve-change orders not to exceed the contingency amount of $26,880.00 which is equal to 10% of the contract amount. 28.3 Approve a Professional Services Agreement for Professional Structural Services for Rancho California Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements to McDaniel Engineering Company, Inc., for $26,210.00 and authorize the Mayor to execute the contract. 28.4 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,621.00 which is equal to 10% of the contract amount. 28.5 Approve a Professional Services Agreement for Professional Geotechnical Services for Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements to Petra Geotechnical, Inc. for $75,095.00 and authorize the Mayor to execute the contract. R:\Agenda\102897 29 30 31 32 28.6 Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,509.50 which is equal to 10% of the contract amount. 28.7 Accelerate the appropriation of $280,000.00 from FY1998-99 to current FY1997- 98 Budget Year. Professional Services Agreement with McDaniel Engineering ComPany. Inc. for the Pala Road Bridge. Pro!ect No. PW97-15 RECOMMENDATION: 29.1 Approve the Professional Services Agreement between the City of Temecula and McDaniel Engineering Company, Inc., for the design of the Pala Road Bridge, Project No. PW97-15 for $373,066.00 and authorize the Mayor to execute the contract. 29.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $37,307.00 which is equal to 10% of the contract amount. Award of Construction Contract for Installation of a Traffic Signal at the Intersection of Margarita Road and Yukon Road/Honors Drive - Pro!ect No. PW97-14 RECOMMENDATION: 30.1 Approve the Construction Plans and Specifications for the installation of a traffic signal at the intersection of Margarita Road and Yukon Road/Honors Drive, Project No. PW97-14. 30.2 Award a construction contract for installation of a traffic signal at this intersection to Macadee Electrical Construction in the amount of $85,169.00 and authorize the Mayor to execute the contract. 30.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,516.90 which is equal to 10% of the contract amount. T,F,~.M. (Temecula Educational Aoorenticeshio Model) Pro(~ram Presentation RECOMMENDATION: 31.1 Receive and file report. Consideration of Future Financing Issues for the Riverside County Habitat Conservation Agency ¢RCHCA! RECOMMENDATION: 32.1 Review and provide direction to the Riverside County Habitat Conservation Agency (RCHCA). R:~Agenda&102897 14 33 34 Mowinq of Murrieta Creek Update RECOMMENDATION: 33.1 Receive and file report. Consideration of Financial Su0oort for Old Town Area Durinq the Holiday Season (Placed on the agenda at the request of Mayor Pro Tem Roberts - Oral Presentation) DEPARTMENTAL REPORTS CITY MANAGER'S REPORT ~ CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: November 18, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\102897 18 PROCLAMATIONS/ PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 7, 1997 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly moved and seconded to adjourn to Executive Session at 5:34 PM, pursuant to Government Code Sections: 1. §54956.9{a), Pending Litigation, Outdoor Media Group v. City of Temecula. 2. §54956.9{a), Pending Litigation, Zonos v. City of Temecula. 3. §54956.9(b), Potential Litigation, three matters. The motion was unanimously carried. The Executive Session was adjourned at 6:42 PM. A regular meeting of the Temecula City Council was called to order at 7:00 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Jordan Bellino. The invocation was given by Reverend James Egea, Church of Religious Science of Temecula Valley. pLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Stone. CITY ATTORNEY'S REPORT City Attorney Peter Thorson reported according to the provisions of the Brown Act, there was nothing to report from Closed Session Minutes~ 10\07/97 - 1 - 10/24/97 City Council Minutes October 7. 19~17 PROCLAMATION/PRESENTATIONS Mayor Birdsall proclaimed October 18, 1997 to be "Ruth Chesher Baker Day." Ruth Chesher thanked the City Council for the rewarding experience she had working for the City of Temecula and for this wonderful recognition. Mayor Birdsall proclaimed the week of October 23rd - 31st as "Red Ribbon Week." Paul Colaluca, Drug Prevention Coordinator, Temecula Valley High School, thanked the Mayor and City Council for their support of this program. Mayor Birdsall proclaimed the week of October 6 through October 10, 1997 as "Ride Share Week." Mayor Birdsall proclaimed October 17, 1997 to be "Temecula Valley Bicentennial Anniversary." Community Services Commissioner Henry Miller received the Proclamation and thanked the City Council for recognizing this important event. Redevelopment Director Mary Jane McLarney, outlined the "Savy Awards" presented to the City on September 12, 1997 in Seattle, Washington. PUBLIC COMMENT-~ MaryAnn Edwards, representing the Assistance League of Temecula Valley, 32094 Corte Carmona, requested the City Council continue funding this important program through its Community Services Funding. She gave a brief presentation with the puppets "Kids on the Block," to demonstrate some of the services the Assistance League provides. Bob Lopshire, 40244 Armore Court, addressed the City Council regarding the need for sidewalks on N. General Kearny and Nicolas Road, leading to Nicolas Valley Elementary School. Mike Egler, 31300 Cala Carrasco, stated he had addressed the City Council at previous meetings opposing the strip mall on the Zonos property. He suggested this property is the ideal location for a Municipal Library and requested the City Council investigate this site. Kathy Dean, 30909 Corte Arroyo Vista, asked the status of installation of a traffic signal on Pauba Road near Parkview Fire Station. Public Works Director Kicak reported this signal is in design right now and should be installed toward the first of the year. Lori Cundiff, 30185 Sierra Madre, addressed the City Council regarding the need for sidewalks leading to Nicolas Valley Elementary School. She recommended the City continue to work with the County and the School District to widen North General Kearny Road and install the sidewalks. Minutes\l 0\07197 -2- 10/24/97 City Council Minutes October 7. 1997 Jon Axton, 30169 Sierra Madre Drive, a student of Temecula Valley High School and former student of Nicolas Valley Elementary School, relayed personal experiences regarding safety hazards resulting from the lack of sidewalks leading to Nicolas Valley Elementary School. Robert Marc Katan, 29676 Rancho California Road, requested the City Council carefully consider the impacts the proposed medians at the Target Center would have to businesses within the center. He also stated there is no need to install a signal at Via Los Colinas. Councilmember Lindemans requested the City Council have a Joint Meeting with the Public/Traffic Safety Commission to discuss this signal at Via Los Colinas. Councilmember Ford requested an ad hoc committee from the Council work with the Committee from the Public/Traffic Safety Committee. Public Works Director Joe Kicak stated there are still studies being presented by Bob Davis, and requested staff receive the copy of the report, prior to meeting with the Public/Traffic Safety Commission and the Council so this may be thoroughly reviewed. Mayor Pro Tam Roberts stated there is an existing Public Works Sub-Committee represented by himself and Councilmember Stone. Arthur Robertson, 27450 Ynez Road, Suite 314, stated consideration should be given to the entire traffic corridor along Rancho California Road, and expressed concern regarding the traffic signal at Via Los Colinas. Hoyt Chambles, 29619 Ramsey Court, thanked the City Council and staff for removing a motor home parked across the street. He asked the Council to consider not allowing motor homes and trailers to park on the streets. CITY COUNCIL REPORTS Councilmember Ford thanked all those involved in the "Great Temecula Tractor Race." He reported mowing is progressing in the Murrieta Creek. He announced, "Make a Difference Day" for the City of Temecula will be held on October 25, 1997, and invited the public to participate. Mayor Pro Tem Roberts thanked staff for providing sand bags and announced the bags are available at the fire stations and sand is available behind City Hall. Councilmember Stone stated he had met with residents regarding the lack of sidewalks surrounding Nicolas School. He explained he has been working with the County of Riverside and TVUSD to agree to fund these sidewalks from the-City limits to Nicolas Valley Elementary School. Minutes\10\07/97 -3- 10/24/97 City_ Council Minutes October 7. 1997 CONSENT CALENDAR Mayor Birdsall announced Item 21 would be removed from the Consent Calendar, due to a request to speak on this item. Councilmember Lindemans requested the removal of Item No. 22 from the Consent Calendar It was moved by Councilmember Stone, seconded by Councilmember Lindemans to approve Consent Calendar Items 1-20, 23 and 24, with Councilmember Stone abstaining on Item No. 5 and Mayor Birdsall voting =no" on Items 17 and 18. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adoorion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.1 Approve the minutes of September 23, 1997. Resolution ADoroving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Re_~ort as of August 31. 1997 4.1 Receive and file the City Treasurer's Report as of August 31, 1997. Minutes\10~07/97 -4- 10124/97 City Council Minutes October 7. 1997 Conveyance of Real ProDertv and Easement to Eastern Municipal Water District. Acceptance of Ric~ht of Entry from Maraarita Canyon LLC and Grant of License to Electrend. Inc. in Connection with the Realianment of Streets Near the Intersection of Front Street and Hiqhwav 79 South for the 1-15/Hiqhwav 79 South Interchanqe 5.1 Adopt a resolution entitled: RESOLUTION NO. 97-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO EASTERN MUNICIPAL WATER DISTRICT AND AUTHORIZING THE EXECUTION AND RECORDATION OF A GRANT DEED IN CONNECTION THEREWITH 5.2 Adopt a resolution entitled: RESOLUTION NO. 97-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDATION OF A GRANT OF EASEMENT IN CONNECTION THEREWITH 5.3 Adopt a resolution entitled: RESOLUTION NO. 97-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN 'RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT' BETWEEN THE CITY OF TEMECULA AND MARGARITA CANYON, LLC 5.4 Adopt a resolution entitled: RESOLUTION NO. 97-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING.THAT CERTAIN 'LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND ELECTREND, INC., FOR USE OF REAL PROPERTY" 5.5 Authorize and direct the City Clerk to record the documents approved by the Resolutions as listed above. Minutes\l 0\07/97 -5- 10/24/97 City Council Minutes October 7. 1997 The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Release Faithful Performance Warranty. Labor and Materials. and Subdivision Monumentation Bonds in Tract No. 22716-F (Located Northeasterly of the intersection of Meadows Parkway at Rancho Vista Road): 6.1 Authorize release of the Faithful Performance Warranty and Labor and Material Bonds for the Public Street, Water and Sewer improvements, and Subdivision Monumentation Bond in Tract No. 22716-F; 6.2 Direct the City Clerk to so advise the several Developers and Sureties. Quitclaim Public Utility Easements over Portion of Cam0os Verdes (Prooosed Middle School Site Easterly of Marqarita Road and Northerly of North General Kearny Road) 7.1 Adopt a resolution entitled: RESOLUTION NO. 97-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING QUITCLAIM OF CERTAIN PUBLIC UTILITY EASEMENTS TO THE UNDERLYING FEE OWNERS (PORTION OF TRACT NO. 3334 FOR SCHOOL SITE EASTERLY OF MARGARITA ROAD AND NORTHERLY OF NORTH GENERAL KEARNY ROAD) Release Warranty and Labor and Materials Bonds in Tract No. 23125-1 (Located at the Northeast corner of Butterfield Stage Road at De Portola Road) 8.1 Authorize the release of the Faithful Performance Warranty bonds for Street, Drainage, and Water .and Sewer Improvements, and the Labor and Materials bonds in Tract No. 23125-1; 8.2 Direct the City Clerk to so advise the Developer and Surety. Minutes\l 0\07/97 -6- 10/24/97 City Council Minutes October 7. 1997 10. 11. 12. 13. Release Faithful Performance Warranty and Labor and Material Bonds in Tract No. 22716-4 (Located Northeasterly of the intersection of Meadows Parkway at Rancho Vista Road) 9.1 Authorize release of the Faithful Performance Warranty and Labor and Material Bonds for the Public Street, Water, and Sewer Improvements in Tract No. 22716-4; 9.2 Direct the City Clerk to so advise the several Developers and Sureties. ACCept Subdivision Imnrovements in Tract No. 22762 (Located Westerly of the intersection of Ynez Road at Preeca Lane) 10.1 Accept the public improvements in Tract No. 22762; 10.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities; 10.3 Direct the City Clerk to so advise the Developer and Surety. Acce_otance of Public Streets into the City-Maintained Street Svstern Wi hin Tr= t= No. 22761 and 22762~ (Located Westerly of the intersection of Preece Lane at Ynez Road) 11.1 Adopt a resolution entitled: RESOLUTION NO. 97-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 22761 AND 22762) Waiver of A_o_olication/Permit Fee for Rancho Vista Hiqh School "Druq Free Run or Walk" Event (Rancho Vista Road to Rancho California Road and ~eturrl) 12.1 Waive the permits/application fee adopted by City Council Resolution No. 91-96 entitled "Adopting Standards and Procedures for Special Events on Public Streets, Highways, Sidewalks, or Public Rights of Way", for October 25, 1997 "Drug Free Run or Walk" sponsored by Rancho Vista High School. Tract Man No. 23101-4 (Located at the Northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills in the City of Temecula) 13.1 Approve Tract Map No. 23101-4, subject to the Conditions of Approval. Minutes~l 0\07/97 -7- 10/24/97 City Council Minutes October 7. 1997 14. 15. 16. 17. Tract MaD No. 23100-5 (Located at the Northeast corner of Promenade Bordeaux and Promenade Chardonnay Hills in the City of Temecula) 14.1 Approve Tract Map No. 23100-5, subject to the Conditions of Approval. Acce0t Subdivision Imorovements in Tract No. 22761 (Located at the Westerly corner of Ynez Road at Preece Lane) 15.1 Accept the public improvements in Tract No. 22761; 15.2 Authorize initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer System security amounts, and release of the Subdivision Monumentation and Traffic Signalization Mitigation securities; 15.3 Direct the City Clerk to so advise the Developer and Surety. Com_oletion and Acceptance of the Traffic Si_anal at State Route 79 South and Mar_aarita Road/Redhawk Parkway- Project No. PW95-15 16.1 Accept the traffic signal at State Route 79 South and Margarita Road/Redhawk Parkway, Project No. PW95-15; 16.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 16.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Award of Construction Contract Public Works Deoartment Maintenance Work Order 97- 98-002 - Walcott Lane 17.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98-002 to A Park Avenue Builders in the amount of $23,800.00 and authorize the Mayor to execute the contract. 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,380.00 which is equal to 10% of the contract amount. AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone NOES: I COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None Minutes\10\07/97 -8- 10/24/97 City Council Minutes October 7. 1997 18. 19. 20. Award of Construction Contract Public Works Deoartment Maintenance Work Order 97- 98-003 - Walcott Lane at Klarer 18.1 Award a contract for Public Works Department Maintenance Work Order No. 97-98-003 to A Park Avenue Builders in the amount of $23,900.00 and authorize the Mayor to execute the contract. 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,390.00 which is equal to 10% of the contract amount. AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone NOES: I COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None Award of Professional Services Contract to Robert Bain. William Frost and Associates for the Desion of the Median Island on Winchester Road West of Jefferson Avenue - Pro!act No. PW97-21 19.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Robert Bein, William Frost & Associates to provide Engineering Services for the design of the Median Island on Winchester Road West of Jefferson Avenue - Project No. PW97-21 for an amount not to exceed $47,900.00. 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,790.00, which is equal to 10% of the contract amount. Professional Services Aoreement between the City of Temecula and C.M. (Maxl Gilliss for Contract Coordination. Pala Road Bridae 20.1 Approve the agreement between the City of Temecula and C.M. (Max) Gilliss for Professional Services for Contract Coordination for the Pala Road Bridge Project; 20.2 Approve the modification to the existing agreement by reducing the amount of . compensation from $2,000 per month to $1,000 per month. Minutes\10\07/97 -9- 10/24/97 City Council Minutes October 7. 1997 23. Second Readin(] of Ordinance No. 97-17 23.1 Adopt an ordinance entitled: ORDINANCE NO. 97-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDITIONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICTS, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISHMENTS AND PERMIT THEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF-STORAGE/MINI-WAREHOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-0036) 24. 21. Secor~d Reading of Ordinance No. 97-18 24.1 Adopt an ordinance entitled: ORDINANCE NO. 97-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ONE 1) PIO PICO ROAD BETWEEN DE PORTOLA AND MARGARITA ROAD 2) PREECE LANE WEST OF YNEZ ROAD 3) DEL RIO ROAD BETWEEN FRONT STREET AND VIA MONTEZUMA 4) WALCOTT CORRIDOR BETWEEN LA SERENA WAY AND NICOLAS ROAD Professional Services Engineering A_~reement between Don Lohr and Associates arid the City of Temecula - Pechanga Creek/'l'emecula Creek St~ldy Public Works Director Joe Kicak presented the staff report. David Payne, 45089 Putting Green Court, representing Homes on the Green, requested the Pechanga Creek/Temecula Creek be cleaned out as soon as possible before El Nino hits Temecula and property damage occurs. Minutes\ 10\07/97 - 10- 10/24/97 City Council Minutes October 7. 1997 Jim Coleman, 30294 Cupeno Lane, representing California Sunset Homeowners Association, showed pictures of the flood that occurred in 1993, and requested the City's assistance in getting permits from the Army Corps of Engineers so the Creek bed can be cleared. Mayor Pro Tem Roberts asked that this study be completed as quickly as possible. Councilmember Lindemans requested a letter be sent to the President of the United States regarding the dangerous situation that is being caused by not being allowed to clear creek beds with El Nino pending. Councilmember Ford stated private property owners need to deed their property to Flood Control so this work can be done each year. It was moved by Councilmember Stone, seconded by Councilmember Lindemans to approve staff recommendation as follows: 21.1 Approve a Professional Services Agreement between Lohr and Associates and the City to provide the necessary studies as required by the U.S. Army Corps of Engineers prior to any maintenance in the channel for an amount not to exceed $11,500.00 and authorize the Mayor to execute the agreement. 21.2 Appropriate $11,500.00 for the required study from General Fund Reserves to Public Works Flood Control Account No. 001-164-601-5403. The motion was unanimously carried. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to place a report from staff on every City Council Meeting regarding the status of permits and progress in clearing the Creek. The motion was unanimously carried. 22. Dis_oosal of City Vehicles Councilmember Lindemans requested City vehicles be donated to a local non-profit organization. Senior Management Analyst Allie Kuhns, expressed concern stating these vehicles are not in safe operating condition. City Manager Bradley stated staff would need to investigate the feasibility of donating these vehicles and providing a hold harmless agreement for the City. He said that donated vehicles are typically renovated and sold for a profit by the organization. Minutes\l 0\07/97 -11- 10/24/97 C:itv Council Minutes October 7. 1997 It was moved by Councilmember Lindemans, seconded by Councilmember Roberts to refer this back to staff to investigate the alternatives of donating these vehicles to a local non-profit organization. The motion was unanimously carried. RECESS Mayor Birdsall recessed the City Council Meeting at 8:33 PM to accommodate the previously scheduled Community Services District and Redevelopment Agency Meeting. The meeting was reconvened at 10:10 PM. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Ford to extend the meeting until 11:00 PM. The motion was unanimously carried. Mayor 26. Birdsall reordered the agenda to hear Item No. 26 out of order. Pro_Dosed Annexation of Redhawk and Vail Ranch Dr. Esteban Sorano reported on the results of the survey of Redhawk and Vail Ranch residents regarding annexation. He stated approximately 50% of residents have responded to the results, 68% of combined residents were in favor of annexation if an election were held today, with no further information. Community Development Director Gary Thornhill stated, as soon as information is obtained, staff will set up meetings with residents in these areas. Bill Park, 44539 Lauriano Drive, stated he is in favor of annexation to the City of Temecula. Ken Johnson, 44728 Corte Valencia, a Redhawk resident, expressed concerns regarding the community park in the Redhawk Development. Mayor Birdsall explained this issue is not related to the Annexation of Redhawk and therefore could not be heard at this time. Cathy Lair, 31894 Via Seron, a Redhawk resident, expressed her desire for annexation to the City of Temecula. Ray Baxter, 32146 Caminito Osuna, a Redhawk resident, stated he is in favor of annexation to the City of Temecula, but questioned the costs to the residents. Ronald Turco, 45436 Via Jaca, resident of Redhawk, thanked the City for the annexation survey. He stated he does support annexation. Minutes~ 10~07/97 -12- 10/24/97 City Council Minutes October 7. 1997 Nick Carter, 45014 Camino Vaste, resident of Redhawk, stated the park site has been an issue for a very few in the area, and in his opinion is a non-issue. He expressed his desire to be annexed into the City of Temecula. Charles Savant, 45444 Via Jaca, Redhawk resident, also expressed his desire to be annexed into the City of Temecula. Wendy Kramer, 44785 Marze Court, Vail Ranch resident, stated she is not is favor of annexation. She questioned if there will be a separate vote for residents of Redhawk and residents of Vail Ranch. Community Development Director Gary Thornhill stated that typically there will not be a separate vote, however this would be a Council decision. Donna Sanford, 33360 Calle Cantu, Vail Ranch resident, stated she does not have a Homeowners Association which many residents prefer. She said she is undecided until she receives the report regarding financial impacts. City Manager Bradley stated that 1,600 homes are involved in this process and information will be mailed to each home. He also stated that community meetings will be held on this issue. It was moved by Councilmember Stone, seconded by Councilmember Roberts to receive and file the staff report. The motion was unanimously carried. PUBLIC HEARINGS 21. Plannino A001ication No. PA97-0160 (Amendment No. 3 to Soecific Plan No. 199) Plannine Aoolication No. PA97-0161 (General Plan Amendment ) Planninq A0olication No. PA97-O204 (Amendment and Restatement of Develo0ment Aqreement for S0ecific, Plan No. 199. Villaae 'A") - "Temeku" Community Development Director Gary Thornhill presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Roberts to extend the meeting until 11:30 PM. The motion was unanimously carried. Community Services Director Shawn Nelson discussed a Resident Green Fee Agreement with Temeku Hills Golf Course. Mayor Birdsall opened the public hearing at 11:05 PM. Barry Burnell, representing McMillen and Company, stated he is available to answer any questions the Council may have. Minutes\10\07197 -13- 10/24/97 City Council Minutes October 7. 1997 Mayor Birdsall closed the public hearing at 11:08 PM. It was moved by Councilmember Stone, seconded by Councilmember Lindemans to approve staff recommendation 25.1, 25.2 and 25.3, with Mr. Jim Hunter of McMillen and Company, confirming the verbal agreements made with the City to provide the City of Temecula the first opportunity to purchase the golf course should the company at any time decide to offer this property for sale. 25.1 Make a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and findings that a subsequent EIR is not required; 25.2 Adopt a resolution entitled: RESOLUTION NO. 97-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0161 TO CHANGE THE GENERAL PLAN DESIGNATIONS FROM LOW MEDIUM DENSITY RESIDENTIAL (3-6 DWELLING UNITS PER ACRE MAXIMUM) TO LOW DENSITY RESIDENTIAL (0.5-2 DWELLING UNITS PER ACRE MAXIMUM) WITHIN PLANNING AREA 2; FROM NEIGHBORHOOD COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL (7-12 DWELLING UNITS PER ACRE MINIMUM) WITHIN PLANNING AREA 38; AND FROM MEDIUM DENSITY RESIDENTIAL (7-12 DWELLING UNITS PER ACRE MAXIMUM) TO LOW MEDIUM DENSITY RESIDENTIAL (3-6 DWELLING UNITS PER ACRE MAXIMUM) WITHIN PLANNING AREA 40; ALL WITHIN SPECIFIC PLAN NO. 199 (MARGARITA VILLAGE). 25.3 Adopt a resolution entitled: RESOLUTION NO. 97-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO., PA97-0160 AMENDMENT NO. 3 TO SPECIRC PLAN NO. 199, REDUCING THE DWELLING UNITS FROM 4,047 TO 3,922 UNITS, ELIMINATING THE COMMERCIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY, ADDING AN APPROXIMATELY 12.5 ACRE PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS PARKWAY, AND REVISING ROADWAY CROSS-SECTIONS, DESIGN GUIDELINES AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE "A". The motion was unanimously carried. Minutes\ 10\07197 -14- 10/24/97 City Council Minutes October 7. 1997 It was moved by Councilmember Stone, seconded by Councilmember Lindemans to approve staff recommendation 25.4 as follows: 25.4 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0160 AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO REDUCE THE DWELLING UNITS FROM 4,047 TO 3,922 UNITS, TO ELIMINATE THE COMMERCIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY, TO ADD AN APPROXIMATELY 12.5 ACRE PARK AT THE SOUTHWEST CORNER OF LA SERENA AND MEADOWS PARKWAY, AND TO REVISE ROADWAY CROSS- SECTIONS, DESIGN GUIDELINES, AND DEVELOPMENT STANDARDS, ALL WITHIN VILLAGE "A" The motion was unanimously carried. It was moved by Councilmember Stone, seconded by Councilmember Lindemans to approve staff recommendation 25.6 as follows: 25.6 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED "AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, SPECIFIC PLAN NO. 199, VILLAGE A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING APPLICATION NO. PA97-0204 'MARGARITA VILLAGE,' TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. AND UDC HOMES, INC." The motion was unanimously carried. Minutes\ 10\07197 -15- 10/24/97 City Council Minutes October 7. 1997 It was moved by Councilmember Stone, seconded by Councilmember Linderoans to approve staff recommendation 25.7 as follows: 25.7 Adopt a resolution entitled: RESOLUTION NO. 97-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'AGREEMENT REGARDING TEMECULA RESIDENT GOLF DISCOUNTS AND PARK AND RECREATION IMPACT FEE CREDITS" FOR TEMEKU HILLS The motion was unanimously carried. COUNCIL BUSINESS 27. ~ This item was rescheduled to a later date due to the time constraints of the meeting. 28. Temecula Library Senior Management Analyst Allie Kuhns presented the staff report. Councilmember Ford suggested the process include a Main Library Site and a few satellite offices. Mayor Birdsall suggested utilizing the Book Mobile Program. It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Stone to approve staff recommendation with the understanding that Mayor Pro Tern Roberts and Councilmember Stone will continue as the Council's representatives to the task force and that the Temecula Friends of the Library continue to be adequately represented on the task force. 28.1 Direct Staff to solicit qualifications for selection of a design firm to assist in the site selection and design of a more centralized library facility in the City. The motion was unanimously carried. 29. Desiqnation of Votin_u Deleoate for the National Leaaue of Cities Annual Conqress It was moved by Councilmember Stone, seconded by Councilmember Lindemans to approve the Mayor and Mayor Pro Tern to serve as the Council's Delegates. The motion was unanimously carried. Minutes\10\07/97 -16- 10/24/97 City Council Minutes October 7. 1997 30. Community Services Commission A_~Dointment It was moved by Councilmember Stone, seconded by Councilmember Ford to reappointed Commissioners Tom Edwards and Jeff Nimeshine to serve full three-year terms. The motion was unanimously carried. 31. Public/Traffic Safety Commission AD0ointment It was moved by Mayor Pro Tam Roberts, seconded by Councilmember Ford to reappoint Commissioner John Talesio to serve a full three-year term. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Lindemans to adjourn at 11:17 PM to a regular meeting on October 28, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE, City Clerk Minutes\l 0\07197 -17- 10/24/97 ~LUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIi2v!F_CUIA 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 fie 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 $2,816,473.12. Section 2. The City Clerk shall ce~fy the adoption of this resolution. ~PROV~n ~ND ADOPTEn, this 28th day of October, 1997. ATTEST: PaUicia H. Birdsall, Mayor 1uric S. Greek, CMC/AAE City Clerk [SEAL] 97- 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss C1TY OF TEMECULA ) I, lune S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of October, 1997 by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMFAiBERS: COUNCILMEMBERS: lune S. Greek, CMC/AAE City Clerk 97- 2 CITY OF TEMECULA 1.18T OF DEMAND8 10/02/97 TOTAL CHECK RUN: 10/03/97 TOTAL CHECK RUN: 10/08/97 TOTAL CHECK RUH: 10/16/97 TOTAL CHECK RUN: 10/28/97 TOTAL CHECK RUN: 10/02/97 TOTAL PAYROLL RUN: 10/16/97 TOTAL PAYROLL RUN: TOTAL LIST OF DEMAND~ FOR 10/'21~? COUNCIL MEETING: CHECKS: 001 GENERAL FUND $ 337,167.61 185 RDA DEV-LOW/MOD SET ASIDE 33,927.62 190 COMMUNITY SERVICE8 DISTRICT 108,432.48 191 TCSD SERVICE LEVEL A 22,617.48 192 TCSD SERVICE LEVEL B 162.46 193 TCSD SERVICE LEVEL C 15,518.82 194 TCSD SERVICE LEVEL D 1,113.78 195 TCSD SERVICE LEVEL R 1,520.00 210 CAPITAL IMPROVEMENT PROJ. FUND 1,577,244.64 280 REDEVELOPMENT AGENCY-CIP 46,288.13 300 INSURANCE FUND 1,801.17 320 INFORMATION 8YS'TEM8 11,046.82 330 SUPPORT SERVICE8 21,404.40 340 FACILITIES 11,942.87 380 TCSD DEBT SERVICE 322,785.54 $ 526,592.37 200,540.26 121,234.22 170,178.54 1 ,,L94,233.24 153,667.49 150,030.00 $ 2,815;473.12 $ 2,512,775.63 PAYROLL: 001 GENERAL $ 203,527.66 185 RDA-LOW/MOD 9,617.18 193 TCSD ~0,186.36 191 TCSD SERVICE LEVEL A 139.85 192 TCSD SERVICE LEVEL B 361.61 193 TCSD SERVICE LEVEL C 5,016.11 194 TCSD SERVICE LEVEL D 1,980.73 280 RDA-CIP 9,524.09 300 INSURANCE 1,342.88 320 INFORMATION SYSTEMS 5,778.96 330 SUPPORT SERVICES 2,108.31 340 FA¢ILmE8 4~113.74 TOTAL BY FUND: 2,816,478.12 I IE RT'S, DIRECTO~ FI~/~.~ , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 10/0~9~ 11:05 CiTY OF TE#ECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 11 FUND TITLE 001 GENEP. AL FUND 165 RDA DEV- LC~//NQD SET ASIDE 190 COHNUNITY SERVICES DISTRICT 191 TCSO SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194~ TCSD SERVICE LEVEL D 210 CAPITAL INPROVEHENT PROJ FUND 280 REDEVELOPtIENT AGENCY - 3OO INSURANCE FUND 320 INFORNATI~ SYSTE#S 330 SUPPORT SERVICES 34O FACILITIES 390 TCSO DEBT SERVICE TOTAL ANOUNT 119,322.85 27,109.14 $2,846.00 215.99 98.77 1,943.53 635.~6 3,202.00 3,i05.55 421.21 2,863.50 2,799.25 8,643.58 322,785.54 526,592.37 VOUCHRE2 10/02/97 VOUCHER/ CHECK HUMBER 45592 45593 826030 826030 826030 826030 826O30 826030 826030 826030 826030 826O30 826030 826O30 826030 826030 826030 826O30 826O30 8260..t0 826030 826030 826030 826030 826030 826O30 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 890101 970926 97O929 11:o5 CHECK DATE 09/29/97 10/01/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 i0/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 09/26/97 09129197 VENDOR NLkqBER 001264 000283 000283 OOO283 000283 000283 000283 000283 000283 000283 000283 000?_83 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 O00283 000283 00044~ OOO444 OOO444 0004~, OO0444 0004~ OO0444 00O444 000444 00O444 0004~, 0004~ OOO444 000444 0004~ 000~ 002265 00296,9 VENDOR NAME ALTERNATIVES TO DOMEST[ PRICE COSTCO, INC. INSTATAX (IR$) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IR$) INSTATAX (IRS) INSTATAX (IR$) INSTATAX (IR$) INSTAT/g((IRS) INSTATAX CIRS) INSTAT/D((IR$) INSTAT/O( (IRS) [NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) [NSTATAX ([RS) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) [NSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) [NSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTAT/U( (EDD) INSTATAX (EDD) I#$TATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) FIRST TRUST OF CALIFORN ATI TITLE COMPANY CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION RECEPTION:R.BRN)LEY 10/3 REFRESHMENTS-VOLUNTEER EVENT 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 00028,3 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 NED[CARE 00028,:1 MEDICARE 000283 NED[CARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 NEDZCARE 00028~ #EDICARE 000283 MEDICARE 000283 NED/CARE 000283 MEDICARE 00044~ SO[ 000444 SOl 000444 SO l 000444 SO I 0004~ SOl 00044~ SO I 000444 STATE 000~ STATE 000444 STATE 0004~4 STATE 0004~ STATE 000444 STATE 000444 STATE 000~4 STATE 000444 STATE 0004Z~ STATE 000444 STATE 000~4 STATE TCSD COP DEBT SERVICE PNT 9/15 1ST HOMEBUYER PRGM:GARRETT ACCOUNT NUNBER 001-110-999-5260 190-183-999-5370 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 3~0-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 193-2070 280-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280 - 2070 300-2070 320-2070 330-2070 340-2070 3~0-1040 165-199-999-5449 ITEM AMOUNT 25.00 149.81 16,766.94 780.95 3,565.28 8.9~ 23.16 306.41 140.28 715.56 104.17 569.88 162.99 282.33 3,912.96 176.36 1,097.87 2.38 6.17 36.58 176.63 26.10 122.58 27.42 76.04 40.21 7.73 6~.~6 1.42 3.20 3.66 4,384.14 227. ?2 786.63 1.~ 3.95 62.13 24.97 212.52 29.53 133.51 38.52 56.68 322,785.54 22,898. O0 PAGE 1 CHECK AMOUNT 25.00 149.81 29,172.66 6,082.62 322,785.54 22,898.00 VOUONRE2 10/02/97 11: 05 VOUCHER/ CHECK CHECK VENDOR NUI4BER DATE NU!4BER 45603 10/02/97 000116 45603 10/02/97 000116 45603 10/02/97 000116 45603 10/02/97 000116 45603 10/02/97 000116 45603 10/02/97 000116 45603 10/02/97 000116 45603 10/02/97 000116 45(~3~ 10/02/97 002410 45605 10/02/97 001912 45606 10/02/97 45607 10/02/97 000102 45608 10/02/97 000101 45608 10/02/97 000101 45608 10/02/97 000101 45608 10/02/97 000101 &5609 10/02/97 001950 45610 10/02/97 002541 45610 10/02/97 002541 45611 10/02/97 000586 45612 10/02/97 45613 10/02/97 002518 45614 10/02/97 45614 10/02/97 45615 10/02/97 45616 10/02/97 45617 10/02/97 45617 10/02/97 45618 10/02/97 000912 45619 10/02/97 0002~52 45620 10/02/97 45621 10/02/97 000140 45621 10/02/97 000140 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEN ACCOUNT NANE DESCRIPTION NUIRBER A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VlSIOR PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A I,K)IdAN~S TOUCH BUZLDIN ALLHON, VYLAN I ALTERNATIVES TO DOHESTI ANERZCAN FENCE CO. OF C APPLE ONE, INC. APPLE ONE, INC. APPLE ONE, INC. APPLE ONE, INC. BECHTEL NAINTENANCE SER BECKER, IMLTER KARL BECKER, HALTER KARL 000116 AVP 001-~10 000116 AVP 165-2310 OD0116 AVP 199-~10 000116 AVP 193-~10 000116 AVP 280-~10 0(0)116 AVP 300-:)~10 0(0)116 AVP 340-~10 PER AVP/CREDIT 001-150-~-5250 SEPT JANITORIAL SRVCS-PARKS 190-180-999-5250 TCSD INSTRUCTOR EARNINGS 190-1~-~-5330 COI~ LEADERS NTG:10/23 ROBERTS 001-100-999-5260 REPAIR FENCE:SANTA GERTRUDIS 199-180-999-5212 TENP HELP WE 8/16 COYHNS,GROV 001-161-~-5118 TEHP HELP W/E 8/23 CERASANI 001-120-999-5118 TE#P HELP WE 8/23 GROVES 001-161-~-5118 TE#P HELP WE 8/30 CERASANZ 001-120-999-5118 CLEAN DOORS & CANOPY-CITY HALL 3~0-199-701-5250 GROUT FOOTING:gALCOTT GUNNZTE CHANNEL 0 LA SERENA BOOK PUBLISHING CONPANY SUPPLENENTS:NUNICIPAL CODES BRARD, HARTY REFUND:HOTHER NATURE CLASS C-O-TMO FIRE EGUIPHENT FIRE SUPPRESSION SYSTEN TESTS CAAHPUED, NAPOLEON CAANPUED, NAPOLEON REFUND:LAUGHLIN TRIP REFUND:STATE-LINE TRIP CALVET, PAN REFUND:BEGINNING TENNIS 001655 CANERON gELDING SUPPLY 000137 CHEVRON U S A INC. 000137 CHEVRON U S A INC. CITY CLERKS ASSN OF CAL CLUB, THE COLLOt4, ERIC COLONIAL LIFE & ACCZDEN COLONIAL LIFE & ACCZDEN 001-164-601-5401 001-164-601-5401 001-'120-999o5250 199-183-4982 340-199-701-5250 190-1~-49~ 190-1~-49~ 199-183-4982 HZSC. ~/ELDZNG SUPPLIES 001-16~-601-5218 FUEL EXPENSE FOR CITY VEHICLES 001-1(~-~02-5262 FUEL EXPENSE FOR CITY VEHICLES 001-161-999-52(~ ASSOC LUNCHEON:10/11 S. JONES 001-120-~-5260 TCSD INSRTUCTOR EARNINGS 190-183-999-5330 REFUND:SECURITY DEPOR]T 199-2990 ITEN AHOUNT 480.88 12.~0 68.32 1.38 14.(~ 4.30 2.58 22.98o 2,153.00 7/~. O0 100.00 698.00 180.60 216.72 180.60 361.20 50.00 4,990.00 4,950.00 1,090.99 18.75 600.00 15.00 10.00 26.00 9.59 13.72 15.24 30. O0 93.60 100.00 000140 600 A&S 001-2330 39.75 000140 600 A&S 190-2330 39.75 PAGE 2 CHECK ANOUNT 562.02 2,153.00 744.00 100.00 698.00 939.12 50.05 9,940.00 18.75 600.00 25.00 26.00 9.59 28.96 30. O0 93.60 100.00 VOUCHRE2 CiTY OF TEHECULA 10/02/97 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR I TEN ACCOLINT I TEN NUNBER DATE NUMBER NAME DESCRIPTION NUMBER AHOUNT CHECK AHOUNT 45621 10/02/97 000140 COLONIAL LiFE & ACCIDEN 000140 800 A&S 001-2330 66.50 45621 10/02/97 000140 COLONIAL LiFE & ACCZDEN 000140 800 A&S 190-2330 60.88 45621 10/02/97 000140 COLOBZAL LIFE & ACOIDEN 000140 800 A&S 193-2330 .94 45621 10/02/97 000140 COLONIAL LIFE & ACCZDE, 000140 800 A&S 340-2330 4.68 45621 10/02/97 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 001-2330 148.21 45621 10/02/97 000140 COLONIAL LiFE & ACCIDEN 000140 CANCER 165-2330 19.41 45621 10/02/97 000140 COLONIAL LiFE & ACCiDEN 000140 CANCER 190-2330 22.32 45621 10/02/97 000140 COLORIAL LIFE &ACCIDEN 000140 CANCER 193-2330 1.59 45621 10/02/97 000140 COLONIAL LIFE & ACClDEN 000140 CANCER 280-2330 6.47 45621 10/02/97 000140 COLGNIAL LIFE & ACCIDEN 000140 CANCER 340-2330 7.97 418.47 45622 10/02/97 CONLEY, JULIE REFUND:STATE-LINE TRiP 190-18.3-4986 10.00 10.00 45623 10/02/97 001014 COUNTRY SIGNS & DESIGNS REPLACE SR. CENTER SIGN 190-180-999-5244 45623 10/02/97 001014 COUNTRY S]ONS & DESIGNS REPLACE SIGN HONUHENT 8S.CENTR 190-180-999-5244 993.00 3,025.35 4,018.35 45624 10/02/97 00187'5 CRODARGER, RICHARD TCSD INSTRUCTOR EARNINGS 190-183-999-5330 45625 10/02/97 002106 DA FAHILY SUPPORT 002106 SUPPORT 190-2140 40.00 82.50 40.00 82.50 45626 10/02/97 000156 DENTICARE OF CALIFORNIA 000156 DEN-AHIN 001-2340 15.00 45626 10/02/97 000156 DENTICARE OF CALIFORNIA 000156 DENT-ADV 001-1180 8.81 45626 10/02/97 000156 DENTICARE OF CALIFORNIA 000156 DENTiCAR 001-2340 8.81 32.62 45627 10/02/97 DUANGCHAN, KO REFUND:SECURITY DEPOSIT 190-2900 45627 10/02/97 DUANGCHAN, KO REFUND:SECURiTY DEPOSIT 190-183-4990 100.00 38.50- 61.50 45628 10/02/97 001669 DURN EDItANDS CORPORATIO RECYCLED PAINT:GRAFITTI RENOVL 001-164-601-5218 79.74 45629 10/02/97 000754 ELLIOTT GROUP, THE LANDSCAPE PLAN REVIEi/$ 001-161-999-5250 45629 10/02/97 000754 ELLIOTT GROUP, THE LANDSCAPE PLAN REVIE~/S 001-161-999-5250 1,937.00 4,605.00 45630 10/02/97 002802 ELLIS GROUP, INC. AUG CONSULTING LEGAL SERVCS 001-130-999-5250 1,680.00 1,680.00 45631 10/02/97 002060 EUROPEAN DELl & CATERIN REFRESHMENTS COUNCIL #TG 9/23 001-100-999-5260 101.01 101.01 45632 10/02/97 000165 FEDERAL EXPRESS, INC. EXPRESS H~IL SERVICES 001-110-999-5230 51.36 51.36 45633 10/02/97 FEDEROFF, CATHY REFUND:STATE-LINE TRIP 190-183-4986 30.00 30.00 45634 10/02/97 FINLEY, ROBERT REFUND:STATE'LINE TRIP 190'183-4986 10.00 10.00 45635 10/02/97 002039 FORNS CONSULTANT (2000)CITY SEAL"LOGO"STICKERS 190-180-999-5222 287.50 45635 10/02/97 002039 FOImS CONSULTANT (2000)CITY SEALNLOGOUST]CKERS 001-120-999-5220 287.50 45635 10/02/97 002039 FONMS CONSULTANT FREIGHT 190-180-999-5222 6.00 45635 10/02/97 002039 FORMS CONSULTANT FREIGHT 001-120-999-5220 6.00 45635 10/02/97 002039 FORMS CONSULTANT SALES TAX 001-120-999-5220 22.29 45635 10/02/97 002039 FORNS CONSULTANT SALES TAX 190-180-999-5222 22.28 631.57 45636 10/02/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 001-2360 646.01 45636 10/02/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 165-2360 15.90 VOUCHRE2 10/02/97 VOUCHER/ CHECK NUN~ER 4~ 45~ 456:T~ 45~ 456.T~ 45636 45~ 45~ 456~ 4~ 45~ 45~ 45~ 45636 45~ 45636 45636 456.T~ 4~ 456Z~ 456.T~ 45~ 45~ 45636 45636 45~ 45~ 45636 45436 4563~ 45636 45636 45638 45639 4566O 45661 45662 45663 45663 45663 45663 45663 45663 11:05 CHECK DATE 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 0020002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 ~2002 002947 002528 001697 002418 000194 000194 0001 94 000194 O0O194 000194 VENDOR NAttE CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEN DESCRIPTION FORTIS BENEFITS INS, CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFZTS INS. CO 002002 LZFE ZNS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTiS BENEFITS INS. CO 002002 LiFE [NS FORTIS BENEFITS INS. CO 002002 LiFE INS FORTIS BENEFITS INS. CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LIFE INS FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS ]NS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTZS BENEFITS iNS, CO 002002 LTD FORTIS BENEFITS INS, CO 002002 LTD FORTIS BENEFITS INS, CO . 002002 LTD FONTIS BENEFITS INS. CO 002002 LTD FORTZS BENEFITS INS. CO 002002 LTD FORTIS BENEFITS INS. CO 002002 LTD FONTZS BENEFITS ]NS. CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD FORTIS BENEFITS iNS. CO 002002 STD FORTIS BENEFITS iNS. CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD FORTIS BENEFITS ]NS. CO 002002 STD FORTIS BENEFITS ]NS. CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD FORTIS BENEFITS INS. CO 002002 STD GARY GREER PAINTING GLASS BLASTERS GOMEZ, ARLENE ilALL, NANCY LEE HAZPAK RETIRENENT TRUS RETIREBENT TRUS RETIRENENT TRUS RETIRENENT TRU$ RETIRENENT TRUS RETZRENENT TRUS RESZDENT. ZMPROV.PRON:TRUJILLO REPLACENENT PITCHER - COUNCIL REFUND:COMPUTER CLASS TCSD INSTRUCTOR EARNINGS DISPOSAL OF HADARDOUS MATERIAL 000194 DEF CONP 00019& DEF CONP 000194 DEF COMP 000194 DEF COHP 000194 DEF COI, L= 000194 DEF CONP ACCOUNT NUNBER 190-2360 191-23~ 192-2360 193-2360 194-23~0 280-2360 300-2360 320-~ 330-~ 001-~ 165-~ 1~-~ 191-~ 19~-~ 1~-~ 1~-~ 3~-~ 330-~0 ~0-~ 001-~ 165-25~ 1~-25~ 191-25~ 19Z-25~ 1~-~00 194-25~ 330-~500 ~O-Z500 165-1~-813-5804 001-100-999-5220 190-183-4982 190-183-999-5330 001-166-601-5430 001-2080 165-2080 100-2080 193-2080 280-2080 340-2080 ITEN AMOIJNT 135.16 .43 1.28 14.03 7.66 22.35 4.24 17.00 8.50 11.46 1,160.98 41.61 227.05 .82 2.01 11.78 51.05 7.58 40.49 8.07 14.40 1,228.32 ~4.01 240.22 .86 2.14 25.02 12.46 54.03 8.03 42.84 8.54 15.23 1,150.00 26,94 22,00 108.00 88~.50 1,987.06 18.75 618.19 15.63 43.57 78.12 PAGE 4 CHECK A~OUNT 4,155.20 1,150.00 26.94 22,00 108.00 88~.50 2,761.32 VOUCHRE2 10/02/97 VOUCHER/ CHECK NUNBER 456/~ 456~5 45646 456~7 456~7 456~7 456~7 456~7 456~7 456~7 45647 456~8 45649 45650 45650 45651 45651 45652 45652 45653 45654 45654 45655 45655 45656 45657 45658 45659 4566O 4566O 4566O 4566O 4566O 45660 4566O 11:05 CHECK DATE 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 VENOOR NUNBER 001407 000199 001186 001667 001667 001667 001667 001667 001667 001667 001667 0O2789 000206 000206 001982 001982 001973 001973 OOO38O 00~33 002933 002011 001290 00138~ 001384 00138~ 00138~ 001384 001384 00138~ VENDOR NAME INTER VALLEY POOL SUPPL iNTERNAL REVENUE SERVIC IRWIN, JOHN KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPOP, ARY SERVICE KELLY TENPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TENPORARY SERVICE KETCHUN, DEBORAH KUK:O STAFFING SOLUTZOR KINKO'S, INC. KINKO'S, INC. L WILLZANS LANDSCAPE, L WILLIAMS LANDSCAPE, LA SALLE LIGHTING SERVI LA SALLE LIGHTING SERVI LAIDLAW TRANSIT, INC. LEPESCU, ANGELA LEPESCU, ANGELA LZNSCOTT, LAW & GREENSP LZNSCOTT, LAW & GREENSP LIPOT, TERESA LOCKE, DEBRA NART]N, KATHARINA E. MEYER, JOHN H[NUTENAN PRESS HINUTENAN PRESS NINUTENAN PRESS NINUTENAN PRESS HINUTEMAN PRESS NINUTEHAN PRESS NXNUTEHAN PRESS CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEN DESCRIPTZOH POOL SAN]TIZ]NG CHEMICALS 000199 IRS SARN TCSD iNSTRUCTOR EARNINGS TENP HELP WE 8/10 KUHNS TENP HELP WE 8/24 KUHNS TENP HELP (2)W/E 9/7 KUHNS TEMP HELP W/E 9/14 CHUOY TENP HELP W/E 9/14 CHUOY TENP HELP U/E 9-14 NILES TENP HELP W/E 9-14 NILES TENP HELP W/E 9/12 SCHNECK REFUND:SECURITY DEPOSIT TENP HELP W/E9/14 SINNONS #ISC COPYING NEEDS - TCSD PRINTING SUPPLIES R-O-W TREE TRINNZNG & REI40VAL CiTYWiDE R-O-W TREE TRINNING PARK PRKG LOT LIGHTING REPAIRS REPAIR:PARKS PRKG LOT LIGHTING DAYCN4P OCEANS]DE BEACH TRIP REFUND:DISMISSED PRKG CIT207&3 REFUND:DISMiSSED PRKG CIT20743 TRAFFIC ENG SRVCS-TEN MALL TRAFFIC ENG SRVCS-TEN HALL REFUND:NOTHER NATURE CLASS REFUND:STATE-LINE TRIP TCSD INSTRUCTOR EARNINGS MAZN ST CF:Og/17-19:MEYER FOIL BUSINESS CARDS: S. FORD B/W BUSINESS CARD:DZAZ/Z.SMZTH FOIL BUSINESS CARDS: H.FLORES SALES TAX SALES TAX FOIL BUSINESS CARDS:J.BALLANCE SALES TAX ACCOUNT NUHBER 190-182-999-5212 001-2140 190-183-999-5330 330-199-999-5118 330-199-999-5118 330-199-999-5118 001-163-999-5118 001-16~-604-5118 001-163-999-5118 001-16~-60~-5118 001-165-999-5118 190-2900 001-161-999-5118 190-180-999-5222 190-183-999-5370 001-164-601-5402 001-16&-601-5402 190-180-9~9-5212 190-180-999-5212 190-183-999-5340 001-2260 001-170-4055 210-165-681-5802 210-165-683-5802 190-183-4982 190-183-4986 190-183-999-5330 280-199-999-5261 001-100-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-100-999-5222 001-150-999-5222 001-150-99~-5222 ITEN ANOUNT 279.51 289.56 432.00 623.45 570.00 1,140.00 93.60 280.80 54.60 163.80 715.17 100.00 520.00 9.57 8.51 4,800.00 4,750.00 430.50 762.00 374.10 5.00 370.00 1,601.00 1,601.00 20.00 10.00 260.00 93.16 102.50 76.50 102.50 13.88 7.94 102.50 7.94 PAGE 5 CHECK N40UNT 279.51 289.56 432.00 3,6~1.42 100.00 520.00 18.08 9,550.00 1,192.50 374.10 375.00 3,202.00 20.00 10.00 260,00 93.16 413.76 VOUCHRE2 CITY OF TEHECULA 10/02/97 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITE# ACCOUNT NUI4BER DATE M,B4BER NN4E DESCRIPTION NUHBER ITEN AJ40UNT CHECK N40UNT 45661 10/02/97 002105 OLD TOMJ TIRE & SERVICE CiTY VEHICLE REPAIRS & NAINT 001-162-999-5214 15.95 15.95 45662 10/02/97 001243 PALI4QUIST, NARY TCSD ZNSTRUCTOR EARNINGS 190-183-999-5330 252.00 252.00 45663 10/02/97 002398 PALOHAR COIdMURICATIONS, DISPATCH RADIO NC)BILE SERVICE 320-199-999-5209 600.00 600.00 45664 10/02/97 000246 PERS (E#PLOYEES' RETIRE 000246 PERS RET 001-2130 &566~ 10/02/97 000246 PERS (E#PLOYEES' RETIRE 000246 PERS RET 001-2390 4566~ 10/02/97 000246 PERS (EIIPLOYEES' RETIRE 000246 PERS RET 165-2390 45~ 10/02/97 000246 PERS (ENPLOYEES, RETIRE 000246 PERS RET 190-2130 45664 10/02/97 000246 PERS CENPLOYEES' RETIRE 000246 PERS RET 190-2390 456(~ 10/02/97 000246 PERS (ENPLOYEES; RETIRE 000246 PERS RET 191-2390 4566~ 10/02/97 000246 PERS (EtIPLOYEES; RETIRE 000246 PERS RET 192-2390 4566~ 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET 193'2390 45664 10/02/97 000246 PER$ (ENPLOYEES' RETIRE 000246 PERS RET 194'2390 4566~ 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET 280'2130 &5~ 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET 280-2390 4566~ 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET 300-2390 45664 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS RET 320-2390 45664 10/02/97 000246 PERS (EIIPLOYEE$' RETIRE 000246 PERS RET 330-2390 45664 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 PER$ RET 340'2390 4566~ 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 PERS-PRE 001'2130 4566~ 10/02/97 000246 PERS (ENPLOYEES' RETIRE 000246 SURVIVOR 001-2390 456~ 10/02/97 000246 PERS (E#PLOYEES' RETIRE 000246 SURVIVOR 165-2390 4566~ 10/02/97 000246 PERS (E#PLOYEES' RETIRE 000246 SURVIVOR 190-2390 456(~ 10/02/97 000246 PERS (ENPLOYEES' RETIRE 000246 SURVIVOR 191-2390 &5664 10/02/97 000246 PER$ (ENPLOYEES' RETIRE 000246 SURVIVOR 192-2390 45664 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 SURVIVOR 193-2390 4566~ 10/02/97 000246 PER$ (E#PLOYEES' RETIRE 000246 SURVIVOR 194'2390 4566~ 10/02/97 000246 PERS (E!!PLOYEES~ RETIRE 000246 SURVIVOR 280-2390 45664 10/02/97 000246 PERS (EHPLOYEES~ RETIRE 000246 SURVIVOR 300'2390 4566~ 10/02/97 000246 PERS (EHPLOYEES' RETIRE 000246 SURVIVOR 320'2390 45664 10/02/97 000246 PERS (E#PLOYEE$' RET%RE 000246 SURVIVOR 330-2390 45664 10/02/97 000246 PERS (EHPLOYEES~ RETIRE 000246 SURVIVOR 340-2390 10.70 16,666.36 671.94 3.34 3,242.45 11.15 27.52 337.48 165.91 1.00 774.58 112.0~ 552.34 55.05 230.81 313.17 66.97 1.75 14.78 .05 .14 1.5& .8~ 2.43 .&6 1.86 .93 1.25 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 001-2090 156.86 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 165-2090 168.60 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 280-2090 56.19 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 BLSHZELD 001-2090 697.00 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 190-2090 356.85 45665 10/02/97 000245 PERS (HEALTH iNSUR. PRE 000245 CIGNA 001-2090 9?2.20 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 300-2090 38.26 45665 10/02/97 0002~5 PERS (HEALTH INSUR. PRE 000245 FHP 001-2090 1,161.38 45665 10/02/97 0002~5 PERS (HEALTH INSUR. PRE 000245 HELTHNET 001-2090 4,722.73 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 165-209'0 45.11 45665 10/02/97 000245 PERS (HEALTH ]NSUR. PRE 000245 HELTHNET 190-2090 1,534.03 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 191-2090 14.80 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 192-2090 29.60 45665 10/02/97 000245 PERS (HEALTH ZNSUR. PRE 000245 HELTHNET 193-2090 225.97 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 194-2090 ,f~.&O 45665 10/02/97 000245 PERS CHEALTH INSUR. PRE 000245 HELTHNET 280-2090 142.85 23,268.8~ VOUCHRE2 10/02/97 11:05 VOUCHER/ CHECK CHECK VENDOR NUHBER DATE NUNBER CITY OF TEPECULJ~ VOUCHER/CHECK REGZSTER FON ALL PERZOOS ITEN DESCRIPTION 45665 10/02/97 000245 PERS (HEALTH INSLJR. PRE 000245 HELTHNET 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 45665 10/02/97 000245 PERS (HEALTH INSUR, PRE 000245 KAISERSO 45665 10/02/97 000245 PERS (HEALTH INSTR. PRE 000245 PACIFICR 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 45665 10/02/97 000245 PERS (HEALTH INSTR. PRE 000245 PACIF[CR 45665 10/02/97 000245 PERS (HEALTH INSUR, PRE 000245 PERS CHO 45665 10/02/97 000245 PERS (HEALTH IN~LIR. PRE 000245 PERS CHO 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS DED 45665 10/02/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADN 456~6 10/02/97 001958 PERS LONG TERN CARE PRO 001958 PERS L-T 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97' 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 4566? 10/02/97 000249 PETTY CASH 4566? 10/02/97 000249 PETTY CASH 4566? 10/02/97 000249 PETTY CASH 4566? 10/02/97 000249 PETTY CASH 4566? 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 456~7 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45667 10/02/97 000249 PETTY CASH 45669 10/02/97 000253 POSTHASTER 45669 10/02/97 000253 POSTRASTER 456?0 10/02/97 000254 PRESS-ENTERPRISE COHPAN PRIPE RATRIX, INC. PRINCIPAL NUTUAL, INC. PRINCIPAL NUTUAL, INC. 45671 10/02/97 002776 45672 10/02/97 001537 45672 10/02/97 001537 PETTY CASH REINBURSEPENT PETTY CASH REINSURSENENT PETTY CASH REINBURSEHENT PETTY CASH REIHBURSEPENT PETTY CASH REIHBURSENENT PETTY CASH REIHBURSENENT PETTY CASH REIMBURSEPENT PETTY CASH REINBURSEPENT PETTY CASH REINBURSEPENT PETTY CASH REINBURSEPENT PETTY CASH REIHBURSENENT PETTY CASH REIMBURSEMENT PETTY CASH REINBURSENENT PETTY CASH REINBURSENENT PETTY CASH REINBURSENENT PETTY CASH REINBURSEHENT PETTY CASH REII~URSENENT PETTY CASH REINBURSEHENT PETTY CASH REINBURSE#ENT PETTY CASH REINBURSENENT PETTY CASH REINBURSEHENT PETTY CASH REI#BURSENENT PETTY CASH REINBLIRSENENT PETTY CASH REI#BURSEHENT PETTY CASH REIMBURSEPENT PETTY CASH REIMBURSEPENT PETTY CASH REIHBURSEPENT EXPRESS RAIL & POSTAL SERVS EXPRESS HAlL & POSTAL SERVS PUBLIC NOTICE: PA97-0278 SC-5001343-2 GY 001537 DENTALPN 001537 DENTALPN ACCOUNT NUPEER 330-2090 340-2090 001-2090 190-2090 001-2090 190-2090 19~-2090 001-2090 280-2090 001-2090 001-2090 001-2122 190-183-999-5340 190-183-999-5340 190-183-999-5370 190-183-999-5370 001-162-999-5260 001-100-999-5260 001-140-999-5258 001-170-999-5220 190-183-999-5320 190-183-999-5310 190-184-999-5301 190-18/,-999-5301 190-180-999-5258 190-180-999-5301 190-180-999-5220 001-16~-6Ol-5218 001-161-999-526O 001-161-999-5222 190-180-999-5220 001-150-999-5260 001-120-999-5220 001-100-999-5260 001-165-999-5260 001-120-999-5222 001-140-999-5222 001-161-999-5222 001-150-999-5220 001-161-999-5~0 001-1~-999-5~0 001-161-999-5256 001 - 150-999-5208 001-2340 165-23~0 ITEN AHOUNT 148.00 36~.80 2,085.92 147.73 2,533.58 305.70 101.90 2,317.98 179.0~ 96.22 49.85 3.00 6.16 4.17 7.18 3.0~ 25.00 20.00 30.18 38.00 50.00 6.45 40.90 20.00 32.30 5.00 23.13 34.69 16.93 4.50 10.76 6.00 27.46 10.56 Z?. 16 8.62 12.93 17.25 34.40 17.25 222.91 2,187.69 126.60 PAGE ? CHECK N40UNT 19,368.63 49.85 479.60 51.65 17.25 222.91 VOUCHRE2 10/02/97 VOUCHER/ CHECK NUNMER 45672 45672 45672 45672 45672 45672 45673 45673 45673 45673 45674 45675 45675 45675 45676 45676 45677 45678 45679 45679 45679 45679 45679 45679 45679 4568O 45681 45681 45681 45681 4568?. 45683 45683 45683 45683 45683 45683 45683 45683 45683 11:05 CHECK DATE 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 10/02/97 VENDOR IIUNBER 001537 001537 001537 001537 001537 001537 002921 002921 002921 002921 001097 O01097 O01097 000~5 000645 000519 000824 OOO537 OOO537 000537 000537 000537 000537 000537 000282 000305 000305 00O305 000305 0O1547 001547 001547 001547 001547 001547 001547 001547 001547 VENDOR NAHE PRINCIPAL MUTUAL, INC. PRINCIPAL HUTLJAL, INC. PRINCIPAL I~JTUAL, INC. PRINCIPAL HUTUAL, INC. PRINCIPAL HUTUAL, INC. PRINCIPAL HUTLJAL, INC. RANCHO T.V. RANCHO T.V. RANCHO T.V. RANCHO T.V. RANCHO VISTA HIGH SCHO0 ROADLINE PRODUCTS, INC. ROADLINE PRODUCTS, INC. ROADLINE PRODUCTS, INC. SMART & FINAL, INC. SMART & FINAL, INC. SOUTH COUNTY PEST CONTR SOUTHERN CALIF ASSOC OF SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF HUNICIPA TARGET STORE TARGET STORE TARGET STORE TARGET STORE TAYLOR, NARY TEAHSTERS LOCAL 911 TEN4STERS LOCAL 911 TE~STERS LOCAL 911 TEAMSTERS LOCAL 911 TEARSTERS LOCAL 911 TEAMSTERS LOCAL 911 TE/~STERS LOCAL 911 TEAI~TERS LOCAL 911 TEAMSTERS LOCAL 911 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPT]OR 001537 DENTALI~ 001537 DENTALPfi 001537 DENTALPfi 001537 DENTALPH 001537 DENTALPH FLAHHER/PARKS OCT COBRA REPAIR BIG SCREEN TV AT CRC LAND~ TRANSFER FEE SALES TAX 25 DONATION & 2 REGISTRATIONS PUMP PACKING KIT & GASKETS FREIGHT SALES TAX SUPPLIES-RECREATZOR PRGMS SUPPLIES-RECREATION PROMS PEST CONTROL SERVICES - CRC COPY OF CD-ROM:CITY OF TEMECUL 2-02-351-49~66TH STREET 2-00-397-50~2 CITY HALL 2-00-397-5067 VARIOUS METERS 2-02-502-8077 VARIOUS METERS 60-77-832-9660-01 HUY-79 TC 1 66-77-795-6412-01 66-77-7'95-8063-01 6TH STREET ADULT BSKTBALL SEASONAL REGIST SUPPLIES FOR SPECIAL EVENTS HISC SUPPLIES-RECREAT[OR CLASS 351~ CAMERA & MISC OFFICE SUPP 35NN CAHERA & MISC OFFICE SUPP REFUND: TRIP 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UN DUES 001547 UH DUES 001547 UN DUES 001547 UN DUES ACCOUNT NUMBER 193-2340 280-2340 300-2340 340-~340 001-1180 190-182-999-5301 190-182-999-5301 190-182-999-5301 190-182-999-5301 001-101-999-5285 001-16~-601-5218 001-1(~-001-5218 001-1(~-001-5218 190-181-999-5301 190-18~-999-5301 190-182-999-5250 001-161-999-5228 190-181 -~- 5240 340-199-701-5240 193-180-999-5240 340-199-702-5240 191-180-999-5319 360-199-701-5240 001 - 1(~-603- 5240 190-183-999-5380 190-183-999-5370 190-180-999-5301 001-163-999-5242 001-1~-604-5220 100-183-4986 001-2125 165-2125 190-2125 191-2125 192-2125 193-2125 194-2125 280-2125 320-2125 ITEM AHOUNT 386.66 3.38 178.05 16.92 67.70 51.32 167.20 120.00 55.00 12.96 45.00 484.92 3.24 40.01 61.30 45.38 42.00 40.00 1,663.18 6,425.19 796.45 254.50 173.89 15.76 313.99 84.00 34.70 45.75 53.80 125.52 10.00 617.47 2.4.6 82. O0 1.03 2.05 14.35 3.07 7.79 20.50 PAGE 8 CHECK AHOUNT 3,018.10 355.16 45.00 528.17 106.68 42.00 40.00 9,422.96 8~.00 259.77 10.00 VOUCHEE2 CITY OF TEHECULA 10/02/97 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR I TEN NUNBER DATE ~ER NAJIE DESCRIPTION ACCOUNT NUNBER ITE# AHOUNT CHECK AMOUNT 45683 10/02/97 001547 TEANSTERS LOCAL 911 001547 UN DU~S 330-2125 i'58.50 &5684 10/02/97 000168 TE#ECULA FLOWER CORRAL SUNSHINE FUND 001-2170 148.00 148.00 45685 10/02/97 000307 TENECULA TROPHY CO. 45685 10/02/97 000307 TENECULA TROPHY CO. 45685 10/02/97 000307 TENECULA TROPHY CO. 45685 10/02/97 000307 TEHECULA TROPHY CO. PLAGUES:DEPUTIES HAAR/TEYECHEA GOLD EDGE PLAOUE TROPHIES:SKATE PRK CONPETZTZOR SALES TAX 001-110-999-5223 190-180-999-5301 190-183-999-5305 190-103-999-5305 189 74.16 135 10.51 409.61 45686 10/02/97 0006~2 45686 10/02/97 00C)6~2 45686 10/02/97 0006~2 45686 10/02/97 000~2 45686 10/02/97 ~2 65~ 10/02/97 45687 10/02/97 TENECULA, CITY OF o FLE TEHECULA, CITY OF - FLE TENECULA, CITY OF - FLE TENECULA, CITY OF - FLE TEMECULA, CiTY OF - FLE TENECULA, CiTY OF - FLE TEVEPAUGH, GLORIA ENPLOYEE CONTRIBUTION TO FLEX ENPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EHPLOYEE CONTRIBUTION TO FLEX E#PLOYEE CONTRIBUTZON TO FLEX E#PLOYEE CONTRIBUTION TO FLEX REFUND: SECURITY DEPOSIT 001 - 1020 165-1020 190-1020 280 - 1020 30O- 1020 320-1020 190-2900 4,722.53 391.25 476.66 568.i'5 9.99 200.00 100.00 6,369.18 100.00 45688 10/02/97 000319 456~ 10/02/97 000319 45688 10/02/97 000319 TONARK SPORTS, INC. TONARK SPORTS, INC. TDNARK SPORTS, INC. SLAI~ER CONPETITION RI#S FREIGHT SALES TAX 190-183-999-5380 190-183-999-5380 190-183-~9~-5380 860.00 50.00 66.65 976.65 45689 10/02/97 0027'92 45689 10/02/97 002792 45689 10/02/97 002792 TOPSHELF SPO~TS TOPSHELF SPO~TS TOPSHELF SPO~TS SKATE PRK:DASHER BOARD REPAIRS UV STABLE g/RiVETS SALES TAX 190-180-999-5212 190-180-~-5212 190-180-999-5212 512.00 296.00 62.62 870.62 45690 10/02/97 002875 45690 10/02/97 002875 45690 10/02/97 002875 65690 10/02/97 002875 45690 10/02/97 002875 45690 10/02/97 002875 45690 10/02/97 002875 45~1 i0/02/97 002107 45691 10/02/97 002107 45691 10/02/97 002107 45691 10/02/97 002107 45691 10/02/97 002107 45691 10/02/97 002107 TRAFFIC CONTROL SERVICE TRAFFIC CONTROL SERVICE TRAFFIC CONTROL SERVICE TRAFFIC CONTROL SERVICE TRAFFIC CONTROL SERVICE TRAFFIC CONTROL SERVICE TRAFFIC CONTROL SERVICE TRANS-GENERAL LIFE INS. TRANS-GENERAL LiFE [NS. TRANS-GENERAL LiFE ZNS. TRANS-GENERAL LiFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. STENCIL TRUCK STREET SUPPLIES SALES TAX BARTELL GRINDER CUTTERS/PARTS FREIGHT SALES TAX INSTALL BARTEL GRINDER HOTOR SALES TAX 002107 VL ADVAN 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE OOl- 16~-601-5218 001-16~-601-5218 001-16~-601-5218 001-16&-601-5218 001-16~-601-5218 001-164-601-5215 001 - 16&-601-5215 001-2510 001-2510 165-2510 100-2510 280-2510 3&0-2510 212.00 16.43 1,231.00 20. O0 95.40 678.56 44.8~ 2:r'4.25 168.40 5.51 39.85 5.49 4.00 2,298.23 446.50 45692 10/02/97 001065 45692 10/02/97 001065 45692 10/02/97 001065 45692 10/02/97 OO1065 45692 10/02/97 001065 45692 10/02/97 001005 45692 10/02/97 001065 45692 10/02/97 OO1065 45692 10/02/97 OO1065 45692 10/02/97 001065 U S C N /PEBSCO (DEF. C 001065 U S C N /PEBSCO (DEF. C 001065 U S C N /PEBSCO (DEF. C 001065 U S C N /PEBSCO (DEF. C 001065 u s C N /PEBSCO (DEF. C 001065 U S C N /PEBSCO (DEF. C 001065 U S C N /PEBSCO (DEF. C 001065 U S C M /PEBSCO (DEF. C 001005 U S C # /PEBSCO (DEF. C 001005 U S C # /PEBSCO (DEF. C 001005 DEF CONP DEF CO~P DEF COHP DEF COHP DEF COHP DEF CUHP DEF COHP DEF COHP DEF CONP DEF COHP 001-2680 165-2080 190-2080 192-2080 193-2080 194-2080 280 - 2080 300-2080 320-2080 ~0-2080 3,422.28 181.50 1,302.61 6.25 85.63 348.16 59.59 562.50 1.50 5,970.77 VOUC~E2 10/02/97 11: 05 VOUCHER/ CHECK CHECK VENDOB NUMBER DATE NtJffBER 45693 10/02/97 000389 45693 10/02/97 000389 45693 10/02/97 000389 45693 10/02/97 000389 45693 10/02/97 000389 45693 10/02/97 000389 45694 10/02/97 002065 45695 10/02/97 002899 45695 10/02/97 002899 45695 10/02/97 002899 45695 10/02/97 002899 45695 10/02/97 002899 45695 10/02/97 002899 45696 10/02/97 000325 45696 10/02/97 0003Z5 45696 10/02/97 000325 45697 10/02/97 000326 45698 10/02/97 001437 45699 10/02/97 002109 45699 10/02/97 002109 45699 10/02/97 002109 45699 10/02/97 002109 45699 10/02/97 002109 45700 10/02/97 00046~ VENDOB NAHE U S C N /PEBSCO COBRA) U S C # /PEBSCO (08RA) U S C M /PEB$CO (08RA) U S C N /PEBSCO COBRA) U S C N /PEBSCO COBRA) U S C N /PEBSCO (OBRA) UNIS~URCE UNISTRUT UNISTRUT UNISTRUT UNISTRUT UNISTRUT UNISTRUT UNITED UAY UNITED gAY UNITED gAY UNITCX~ RENTAL SERVICE, VIRACK, HARYANN gHITE CAP ~HITE CAP MHITE CAP gHITE CAP ~HITE CAP ~HZTEHEAD, RHONDA CITY OF TENECULA VOUCHER/CHECK REGISTER FOB ALL PERIODS ITEM DESCRIPTION 000389 PT RETIR 000'389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR TM3 PART PAPER FOR SKATE PARK HARDWARE FOR STREET SIGNS FREIGHT SALES TAX HARDgARE FOR SIGNS FREIGHT SALES TAX 000325 Ut/ 000325 Ug 000325 Ug UNIFONM RENTAL FOR Pt/ MAINT TCSO INSTRUCTOR EARNINGS SUPPLIES FOR Pt/ MAINT CRE~/S Pt/ HAINT SUPPLIES SUPPLIES FOR Pg MAINT CRE~ 15 ROLLS POLYFILN & SAHD BAGS SALES TAX TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 001-2160 165-2160 190-2160 193-2160 280-2160 340-2160 190-183-999-5305 001 - 164-601-52~4 001 - 16~-601-52~4 001-1~-601-5244 001-16&-601-52~ 001-1~4-601-5244 001-16~-601-52~r 001-2120 165-2120 1~0-2120 001-16&-601-5243 190-183-999-5330 001-16&-601-5218 001-164-601-5218 001-16/,-601-5218 001-16~-601-5218 001-16~-601-5218 190-183-999-5330 ITEM AMOUNT 603.38 116.08 966.34 21.22 ~8.0~ 54.92 520.76 3,38~.00 105.80 262.18 269.76 47.25 20.91 97. O0 5.00 17.00 518.69 80.00 116.99 23.11 6.66 2,226.15 172.52 291.20 PAGE 10 CHECK N40UNT 1,809.98 520.76 4,088.90 119.00 518.69 80.00 2,545.43 291.20 TOTAL CHECKS 526,592.37 VOUCHRE2 10/0~197 11:37 CITY OF TEHECULA VCXJC#ER/CNECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 210 CAPITAL IHPROVEHENT PROd FUND 280 REDEVELOI)IdENT AGENCY - TOTAL AJdOUNT 197,325.46 3,214.80 200,540.26 VOUCHRE2 10/03/97 11:37 VOUCHER/ CHECK CHECK VENDOR NUI, IBER DATE NUMBER 45594 10/03/97 000314 45595 10/03/97 002185 45596 10/03/97 002129 45596 10/03/97 002129 &5596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 45596 10/03/97 002129 VENDOR NAHE TE#ECULA VALLEY HUSEU~ POSTHASTER - TEHECULA GREAT HEST CONTRACTORS, GREAT REST CONTRACTORS, GREAT REST CONTRACTORS, GREAT REST CONTRACTORS, GREAT REST CONTRACTORS, GREAT WEST CONTRACTORS, GREAT REST CONTRACTORS, GREAT ~EST CONTRACTORS, GREAT REST CONTRACTORS, GREAT REST CONTRACTORS, GREAT HEST CONTRACTORS, GREAT HEST CONTRACTORS, GREAT REST CONTRACTORS, GREAT HEST CONTRACTORS, GREAT REST CONTRACTORS, GREAT REST CONTRACTGRS, GREAT WEST CONTRACTORS, GREAT ~EST CONTRACTORS, GREAT WEST COgTRACTORS, GREAT REST CONTRACTORS, GREAT WEST CONTRACTORS, GREAT ~EST CONTRACTORS, GREAT tIEST CONTRACTORS, CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITE# DESCRIPTION DRAW REQUEST:C/O #1,2,4 &12 BULK MAILING:RDA #E~SLETTER PRGSS PMT #16-PARI(VZEW ST#8~ CREDIT:ERROR IN INVOICE TOTAL RETEMTZON CREDIT:#26 [HCCNPLET CREDIT:ZTEWI26-ZHCORPLETE CREDIT:OVERHEAD DOORS CREDIT:RETENTION RELEASE STOP HOTICE:PARKVIEW RELEASE STOP #OTICE:PARKVIEW RELEASE STOP NOTICE:PARKVZEg RELEASE RETETNIOR:PARKVIEW RELEASE STOP NOTZCE:PARKVIEW RETENTIN WH INV#16-PARKVZEW RETENTION W/H ON CREDIT:DOORS STOP NOTZCE:PARKVIEg FIRE ST. STOP NOTZCE:PARI(VIEW STATION STOP MOTZCE=PARKVZEW ST ~ STOP HOTICE:HARPER'S BACKHOLE STOP NOTICE:PARKVIEW STATION STOP NOTICE:PARI(VIEg STATION STOP NOTICE:PARKVIEg ST ~ STOP #OTICE:PARKVIEW ST ~ STOP HOTICE:PARk'VIEW ST #84 STOP #OTICE:PARKVIEg FIRE STS& ACCOUNT NUHBER 210-190-808-580~ 280-199-9~-5250 210-190-626-580~ 210-190-626-5804 210-2035 210-190-626-580~ 210-190-626-5804 210-2035 210-2038 210-2038 210-2038 210-2035 210-2038 210-2035 210-100-626-580~ 210-2038 210-2038 210-2038 210-2038 210-2038 210-2038 210-2038 210-2038 210-2038 210-2038 ITEN ANOUNT 22,035.01 3,214.80 61,854.57 19.99- 300. O0 3,000.00- 2,000.00- 1.99 17,860.05 6,350.00 14,733.00 222,~5.74 4,757.00 6,185.46- 200. O0 1,898.74- 1,612.50- 4,757.00- 2,140.00- 47,821.53- 17,860.05- 17,7~5.71- 22,491.10- 17,380.25- 8,169.57- PAGE 1 CHECK ANOUNT 22,055.01 3,214.80 175,270.45 TOTAL CHECKS 200,540.26 VOUCHRE2 10/09/97 13:55 CITY OF TEHECULA VOUCHER/CHECK; REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOI~/14OD SET ASIDE 190 COI~4UN]TY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSO SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL INPROVENENT PROJ FUND 280 REDEVELOIN, IENT AGENCY - CIP 300 INSURANCE FUND 320 ]NFORIMTIOR SYSTENS 330 SUPPORT SERVICES 340 FACILITIES TOTAL ANOUNT ~6,480.82 2,899.20 19,287.05 7,991.39 Z.00 3,~1.65 2&.11 1,520.00 4,057.96 11,~52.92 433.60 3,353.30 18o251.83 1,518.39 121,?.34.22 VOUCHRE2 CITY OF TEMECtJLA 10/09/97 13:55 VOUCHER/CHECK REGISTER FOR ALL PERZOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT HUMBER DATE NUIqBER NAME DESCRIPTION NUMBER ZTEM AHOUNT CHECK AMOUNT 45597 10/07/97 002702 U S POSTAL SERVICE:CNRS POSTAGE HETER DEPOSIT 001-100-999-57.30 45597 10/07/97 002702 U S POSTAL SERVICE:OMRS POSTAGE METER DEPOSIT 001-110-999-57.30 45597 10/07/97 002702 U S POSTAL SERVICE:CNRS POSTAGE METER DEPOSIT 001-120-999-5230 45597 10/07/97 002702 U S POSTAL SERVICE:C~RS POSTAGE METER DEPOSIT 001-162-999-57.30 45597 10/07/97 002702 U S POSTAL SERVICE:CNR$ POSTAGE METER DEPOS1T 190-180-999-57.30 45597 10/07/97 002702 U S POSTAL SERVICE:OMRS POSTAGE METER DEPOSIT 001-140-999-5230 45597 10/07/97 002702 U S POSTAL SERVICEcCNRS POSTAGE METER DEPOSIT 001-150-999-5230 45597 10/07/97 002702 U S POSTAL SERV]CE:CMR$ POSTAGE HETER DEPOSIT 001-161-999-5230 45597 10/07/97 002702 U S POSTAL SERV]CE:CMRS POSTAGE METER DEPOSIT 001-16~-60~-5230 45597 10/07/97 002702 U S POSTAL SERV]CE:CME$ POSTAGE METER DEPOSIT 280-199-999-5230 145.42 24.~8 558.52 45.37 149.81 397.21 158.56 1,618.99 444.40 609.65 4,152.41 45598 10/08/97 002060 EUROPEAM DELI& CATERIN LUNCH FOR RFP#61 INTERV~ PANEL 001-164-604-5260 75.04 75.04 45599 10/08/97 000411 RIVERSIDE CO. FLOOO COIl MOM]NG SERVS:HURR/ETA CREEK 001-164-601-5403 6,000.00 6,000.00 45600 10/08/97 000653 LUCKY STORE, INC. SNACKS:CRIME FREE SEMINAR 165-199-999-5260 100.00 100.00 45704 10/09/97 000724 A & R CUSTOM SCREEN PRI 97 SKATE PARK CHAMPION AkIARDS 190-183-999-5380 45704 10/09/97 000724 A & R CUSTOM SCREEN PRI 97 SKATE PARK COHPETIOR AWARDS 190-183-999-5305 45704 10/09/97 000724 A & R CUSTOM SCREEN PRI 97 SKATE PARK COMPETIOR AWARDS 190-183-999-5305 45704 10/09/97 000724 A & R CUSTOM SCREEN PRI 97 SKATE PARK COMPETIOR AWARDS 1~)-183-999-5305 45704 10/09/97 000724 A & R CUSTOM SCREEH PRI 97 SKATE PARK COMPETION 457~4 10/09/97 000724 A & R CUSTOM SCREEN PRI T-SHIRTS:SKATE PRK COMPETITION 190-183-~-5305 344.80 91.60 137.40 229.00 111.60 190.04 1,104.44 45705 10/09/97 001700 A+ TEACHING HATERIALS DAY CN4P SUPPLIES 190-183-999-5340 45705 10/09/97 001700 A+ TEACHING HATERIALS DAY CAMP SUPPLIES 190-183-999-5320 45705 10/09/97 001700 A+ TEACHING HATERIALS DAY CAMP SUPPLIES 190-183-999-5320 .01 28.71 .26 28.98 45?06 10/09/97 000101 APPLE ONE, INC. 45?06 10/09/97 000101 APPLE ONE, INC. TEM HELP W/E 8/13 GROVES/COMYN 001-161-999-5118 TEMP HELP WE 8/09K.CREGUT 190-180-999-5118 171.57 234.70 406.35 45707 10/09/97 001323 ARRCNHEAD WATER, INC. DRINKING WATER FOR CITY HALL 340-199-701-5240 45707 10/09/97 001323 ARROgHEAD WATER, INC. DRINKING WATER FOR CITY HALL 340-199-701-5250 45707 10/09/97 001323 ARROMHEN) WATER, INC. BOTTLED WATER SERVICE - CRC 190-182-999-52&0 193.34, 91.21 28.90 313.45 45708 10/09/97 001~,5 ASSISTANCE LEAGUE OF TE FUNDRAISER:R.ROBERTS 10/18 001-100-999-5260 25.00 25.00 45709 10/09/97 000475 B H I PUBLICATIUNSo INC Pt/ CUNSTRUCT/INSPECTORS HANUAL 001-163-999-5228 45709 10/09/97 000~75 B M I PUBLICATIONS, INC PW CUNSTRUCT/INSPECTORS MANUAL 001-164-604-5228 45710 10/09/97 000122 B S N SPO!~TS SPORT/TEEN ~ AREA EQIJIPNENT 190-182-~-5301 45710 10/09/97 000122 B S N SPORTS SPORT/TEEN GAME AREA EQUIPMENT 190-183-999-5380 109.65 1~.~ 29.81 29.81 305.60 59.62 45711 10/09/97 002924 BADGER CONSTRUCTION PRO INSTALL HANDRAZL:6TH STREET 280-19~-804-5804 45711 10/09/97 002924 BADGER CONSTRUCTION PRO REPLACE CAP 014 WALL:6TH STREET 280-199-804-5804 1,600.00 3,200.00 4,800.00 45712 10/09/97 002848 SADGER, THE 45712 10/09/97 002848 BADGER, THE (10,000)CFD FIRE PREV STICKERS 001-171-999-5296 SALES TAX 001-171-999-5296 370. O0 9.50 37~.50 45713 10/09/97 000622 BAMTA ELECTRIC-REFRZGER INSTALL ELECT.CUTLETS/PC RN 320-199-999-5250 185.00 185.00 VOUCHRE2 CiTY OF TENECULA 10/09/97 13:55 VOUCHER/CHECK REGISTER FOR ALL PERZOOS PAGE VOUC#ER/ CHECK CHECK VENIX)R VENDOR i TE# ACCOUNT NUMBER DATE IRINBER RANE DESCRIPTZON NUNBER ANOUNT CHECK ANOUMT 45714 10/09/97 002950 BODY THERAPEUTICS SUN PROTECTZOR FOR IdTNC 190-180-999-5212 45714 10/09/97 002950 BODY THERAPEUTICS FREIGHT 190-100-O99-5212 45714 10/09/97 002950 BODY THERAPEUTICS SALES TAX 100-180-999-5212 108.00 3.36 8.37 119.73 45715 10/09/97 002208 BUSINESS PRESS, THE 9/97-8/98 SUBSCRZPTZOR #CLARNE 280-1O9-O99-5228 29.95 65716 10/09/97 00~099 BUTTERFIELD ENTERPRISES OCT RESTRO(~ MAZNTENANCE 280-199-O99-5212 826. O0 826.00 45717 10/09/97 000588 C C A P A CONFERENCE APA CF:10/12/15 R.GUERRZERO 001-161-O99-5272 45717 10/09/97 000588 C C A P A CONFERENCE APA CF RECEPTZON:R.G.,G.T. 001-161-O99-5258 45717 10/09/97 000588 C C A P A CONFERENCE APA CF RECEPTZOR:R.G.,G.T. 001-161-999-5272 250.00 25.00 25.00 300.00 45718 10/09/97 002913 CAL SCHOOL & SPORT PLAYGROUND PARTS 190-180-9O9-5212 45718 10/09/97 04)2913 CAL SCHOOL & SPORT PLAYGROUND PARTS 190-180-999-5212 45718 10/09/97 002913 r.d~L SCHO(O & SPORT FREIGHT 190-180-O99-5212 45718 10/09/97 002913 CAL SCHOOL & SPORT SALES TAX 190-180-O99-5212 54.95 16.95 6.95 5.57 84.42 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, WORICER$ CC)14P FOR SEPT 97 001-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, gORKER$ COI4P FOR SEPT 97 165-2370 45719 10/09/97 000128 CAL-$URANCE ASSOCIATES, tK)RKER$ COI4P FOR SEPT 97 190-2370 45719 10/09/97 000128 CAL-$URANCE ASSOCIATES, tK)RKERS COI4P FOR SEPT 97 191-2378 45719 10/09/97 000128 CAL-SURARCE ASSOCIATES, goRKERS COI4P FOR SEPT 97 192-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, tK)RKERS COI4P FOR SEPT 97 19~-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, M3RKERS COI4P FOR SEPT 97 19~-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, I~RKERS COt4P FOR SEPT 97 280-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, IK)RKERS COMP FOR SEPT 97 300-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, I~RKERS COI4P FOR SEPT 97 320-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, WORKERS CONP FOR SEPT 97 330-2370 45719 10/09/97 000128 CAL-$URANCE ASSOCIATES, IK)RKERS COI4P FOR SEPT 97 340-2370 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, WORKERS OOHP FOR SEPT 97 190-183-9O9-5112 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP FOR SEPT 97 190-181-999-5112 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP FOIl SEPT 97 190-180-9O9-5112 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, I~RKERS CO#P FOR SEPT 97 193-180-O99-5112 45719 10/09/97 000128 CAL-SURANCE ASSOCIATES, k~KER$ COI4P FOR SEPT 97 ~0-1O9-701-5112 45721 10/09/97 000131 CN~L WARREN & CO., iNC. NELSON, ALYSZA 03/22/97 300-199-999-5205 45721 10/09/97 ooo131 CARL gARREN & CO., iNC. BARRERA, RICHARD 02/03/97 300-199-999-5205 45721 10/09/97 000131 CARL gARREN & CO., INC. SKYLINE CONSTRUCTION 0~/07/97 300-199-999-5205 45721 10/09/97 000131 CARL ~ARRE# & CO., iNC. PZ)C)RE, JENNIFER 03/31/97 300-199-999-5205 3,371 .~6 106.94 1,414.30 .82 2.00 58.40 26.11 94.94 4.60 43.7'9 32.15 18~.73 .29 1.73 8.82 1.11 5.55 56.50 55.00 242.50 73.00 5,355.76 429.00 45722 10/09/97 000135 CENTRAL CiTiES SIGN SER #ISC SIGNS & HARDWARE 001-164-601-5244 188.39 188.39 45723 10/09/97 001195 CENTRAL SECURITY SERVZC QTR 2 FIRE INSPECTION - CRC 190-182-9O9-5230 45723 10/09/97 001195 CENTRAL SECURITY SERVZC OCT ALARN NONITORING - CRC 190-182-999-5250 45723 10/09/97 001195 CENTRAL SECURITY SERVZC OCT ALARN NONITORZNG -SEN CNTR 190-181-O99-5250 150.00 50.00 45.00 245.00 45724 10/09/97 002782 CHICK'S SPORTING GOOOS SOFTBALLS FOR RECREATION DEPT 1~0-183-O99-5380 907.06 45725 10/09/97 002521 COI414UNITY DEVELOPMENT D SUBSCRIPTiON:Q) DIGEST 97/98 165-199-O99-5228 413.00 413.00 45?26 10/09/97 002955 COUNCIL ON ED{JCATION IN INVESTIGATION SE#:P.SNITH12/12 001-162-9O9-5261 295.00 295.00 VOUCHRE2 10109/97 VOUCHER/ CHECK NUMBER 45727 45728 45729 45730 45731 45731 45731 45732 45732 45733 45734 45735 45735 45735 45735 45735 45735 45735 45735 45735 45735 45735 45735 45735 45735 45735 45736 45737 45~7 45737 45737 45738 45738 45738 45738 45738 45738 45738 45738 13:55 CiTY OF TENECULA VOUCHER/CHEC[ REGISTER FOR ALL PERIODS CHECK VENDOR VENDOR ITEN ACCOUNT DATE IRINBER NAME DESCRiPTiON HUMBER 10/09/97 10/09/97 10/09/97 10/09/97 10/09197 10109197 10109197 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10109/97 10/09/97 10/09197 10109197 10109/97 10/09197 10/09197 10/09/97 10109197 10/09/97 10/O9/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 002956 001233 0O1716 002954 001673 001673 001673 001380 OO138O 001380 O0O161 OO28O9 000165 OO0165 000165 000165 000165 000165 000165 000165 000165 000165 000165 000165 00O165 OOO165 000165 001135 00O 170 000170 000170 000170 000184 000184 000184 00018~ 000184 00018& 000184 000184 CRISP, DEANA DAN'S FEED & SEED, INC. DAN'S ROOFING DIAMOND GARAGE DOOR, IN DIVERSIFIED TEMPOR/LRY S DIVERSIFIED TEMP(N~A.RY S DIVERSIFIED TEIdPC)RA.RY S E S I EldPLOYNENT SERVIC E S I EILDLOYNENT SERVZC E S I ENPLOYNENT SERVIC EDEN SYSTEMS, INC. EXPERIAN FEDERJ~L EXPRESS, iNC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, iNC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FIRST CARE INDUSTRIAL M FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRANKLIN GUEST ~)NPANY, FRANKLZN GUEST CONPANY, G T E CALIFORNIA - PAY# G T E CALIFORNIA - PAY# G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYN G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFOR#1A - PAYM G T E CALIFORNIA - PAY# 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10109197 REIMB:CRIME FREE HOUSING PRGRN 165-199-999-5220 PROPANE GAS FOR P~ NAINT CREg 001-16~-601-5218 CITY HALL-REPAIR LEAK IN DRAIN 3~0-199-701-5212 RESIDENTIAL INPROV. PRGRN:BASS 165-199-813-5804 TEMP HELP g/E 7/27/97 S.BROCK TEMP HELP W/E 7/27/97 MEREDITH TEMP HELP W/E 8/17 S.BROCK 001-150-999-5118 330-199-999-5118 001-150-9~-5118 TENP HELP (2)W/E 8/29 DIAZ TENP HELP W/E 9/26 J.DIAZ TENP HELP W/E 9/26 J.DIAZ 001-140-999-5118 001-140-999-5118 001-140-999-5118 MODIFICATIONS TO EDEN SYSTEN 320-199-999-5211 CREDIT APS FOR RDA 280-199-999-5250 EXPRESS MAIL SERVICES EXPRESS IdAIL SERVICES EXPRESS IMIL SERVICES EXPRESS NAiL SERVICES EXPRESS NAiL SERVICES EXPRESS MAIL SERVICES EXPRESS RAIL SERVICES EXPRESS I~IL SERVICES EXPRESS NAiL SERVICES EXPRESS MAiL SERVICES EXPRESS NAiL SERVICES EXPRESS NAIL SERVICES EXPRESS NAiL SERVICES EXPRESS NAIL SERVICES EXPRESS NAIL SERVICES 001-16~-60~-5230 001-161-999-5230 001-150-999-5230 190-180-999-5230 001-100-~-5230 280-199-999-5230 280-199-99~-5230 001-110-99~-5230 001 - 161-999-5250 001 - 162-999- 5230 001-120-999-5230 001 - 161-999-5230 280-199-999- 5230 001-150-~-5230 001-110-999-5230 PRE-EMPLOYHENT PHYSICALS 001-150-999-5230 98 DAY PLANNER RENEWALS/REFILL FREIGHT SALES TAX FRANKLIN REFILLS 97/98 001-164-604-5220 001-164-604-5220 001-164-604-5220 165-199-999-5220 909-308-1079-SEP-GENERAL USAGE 320-199-~-5208 9Og-676-3526-SEP-FIRE ALARN 320-199-999-5208 909-693-0956-SEP-GENERAL USAGE 320-199-999-5208 9O9-694-4354-SEP-PALA CORN PRK 320-199-~-5208 909-694-4356-HINTERGARDT PRK 320-199-999-5208 9O9-694-8927-SEP-GE#ERAL USAGE 320-199-999-5208 909-695-1&O9-SEP-GENERAL USAG~ 320-199-999-5208 909-695-3539-SEP-GENERAL USAGE 320-199-999-5208 ! TEN AgOlINT 95.25 22.06 165.00 520. O0 516.00 103.~0 103.20 1,958.18 1,481.67 531.17 17.00 50.00 73.22 12.25 8.00 14.00 10.50 7.00 58.07 8.00 8.00 21.50 8.50 38.35 45.39 16.00 36.18 300.00 491.00 14.14 39.15 92.02 53.64 76.45 26.78 29.(~ 28.42 25.~0 85.38 29.60 PAGE 3 CHECK AMOUNT 95.25 22.06 165.00 520.00 722.40 3,971.02 17.00 50.00 364.96 300.00 636.31 VOUCHRE2 10/09/97 13:55 CiTY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VEIlDOIt NIJNBER DATE NLJNBER 45738 10/09/97 00018~ 45738 10/09/97 00018~ 45T38 10/09/97 000184 45739 10/09/97 002920 45740 10/09/97 000178 45741 10/09/97 000175 45742 10/09/97 000186 45742 10/09/97 000186 45742 10/09/97 000186 45742 10/09/97 000186 45742 10/09/97 000186 45742 10/09/97 000186 45742 10/09/97 000186 45743 10/09/97 001013 457~ 10/09/97 &5745 10/09/97 000~88 45746 10/09/97 002481 45747 10/09/97 001667 45747 10/09/97 001667 45747 10/09/97 001667 45747 10/09/97 001667 45747 10/09/97 001667 45747 10/09/97 001667 45747 10/09/97 001667 45747 10/09/97 001667 45747 10/09/97 001667 VENDOR ITEN ACCOUNT NANE DESCRiPTiON NUI~R G T E CALIFORNZA- PAYN G T E CALIFORNIA - PAYN G T E CALIFORNIA - PAYN SENEILRL GOVERNNENT NGNT GOLDEN STATE TRADING CO GOVERNNENT FINANCE OFFZ HANKS HARDgARE, iNC. HANKS HARDk/ARE, iNC. HANKS HARDk~ARE, iNC. HANKS HARDIJARE, INC. HANKS HARDIMRE, INC. HANKS HARDkIARE, INC. HANKS HARDWE, INC. HiNDERLITER deLLAMAS AS HOTEL JEROI4E I C B O, INC. INLAND FOUNDATION ENGIN KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE KELLY TENPORARY SERVICE 909-695-3564-SEP'CITY ALARN 320-199-999'5208 909-699-2309-SEP'SENERAL USAGE 320-199'999-5208 909-699-79~5-SEP-CRC FIRE ALAR 320-199-999-5208 CFD 88-12 NAPPING SERVICES 001-1280 NlSC CONPUTER SUPPLIES 320-199-999-5221 NENBERSHZPS:RORERTS;NCDERHOTT 001-140-999-5226 SUPPLIES FOR SPECIAL EVENTS NAINTENANCE SUPPLZES - CZTY MAINTENANCE SUPPLIES - PARKS NAiNTENANCE SUPPLIES ' CRC NAINTENANCE SUPPLIES - PARKS NA]NT SUPPLIES - SENION CENTER MAINTENANCE SLIPPLIES - TCC 190-183-999-5370 348-199-701-5212 190-180-999-5212 190-182-999-5212 190-180-999-5212 190-181-999-5212 190-184-999-5212 SEPT PROF SVC-PROPERTY TAX RPT 001-140-999-5248 HTL:EDEN CF 10/15-17 NCDERNOTT 001-140-999-5258 NENBERSHIP:97/98 A. ELHO 001-162-999-5226 CONSULTANT SEVCS:I-15 & 79(S) 210-165-662-580~ TENP HELP WE 08/10/97 MASSARO TENP HELP WE 08/10/97 MASSARO TENP HELP W/E 9/14/97 K.KUHNS TEHP HELP W/E 09/21/97 CHUDY TENP HELP W/E 09/21/97 CHUDY TENP HELP g/E 09/21/97 NILES TENP HELP W/E 09/21/97 NILES TENP HELP W/E 09/21/97 SCHNECK TENP HELP g/E 9/21 KUNNS 280-199-999-5118 165-199-999-5118 330-1~9-~9-5118 001-163-999-5118 001-164-604-5118 001-165-999-5118 001-164-604-5118 001-165-999-5118 330-199-999-5118 ZTE# AHOUNT 52.09 26.12 51.79 1 ,ooo.oo 120.37 245. O0 15.57 23.58 57.95 - 275.15 514.75 15.42 60.20 2,400.00 308.37 195.00 2,500.00 41.60 41.60 570.00 117.00 351.00 72.80 218.40 329.06 570.00 CHECK ANOUNT 485.81 1,000.00 120.37 245.00 962.60 2,400.00 308.37 195.00 2,500.00 2,311.46 45748 10/09/97 002?89 45748 10/09/97 002789 45748 10/09/97 002789 45748 10/09/97 002789 KINCO STAFFING SOLUTION KINCO STAFFING SOLUTION KINCO STAFFING SOLUTZON KINCO STAFFING SOLUTION 45749 10/09/97 00020~ KINKO'S, INC. 45750 i0/09/97 000488 KNOTT'S BERRY FARH TENP HELP WE 8/31 S.SZNNC)NS TEMP HELP g/E 8/31 S.SXI4NONS TENP HELP g/E 9/21 S.SZMNONS TENP HELP ~/E 9/21 S.SINNONS HISC COPYING NEEDS - TCSD IOIOTS SCARY EXCURSION 10/17 165-199-999-5118 280-199-999-5118 165-199-999-5118 280-199-999-5118 190-180-999-5222 190-183-999-5350 52.00 52.00 256.75 256.75 27.~ 1,565.20 617.50 27.96 1,565.20 45751 10/09/97 001123 KNOX INDUSTRIAL SUPPLIE SHALL HAND TC)OLS & EQUIPMENT 45751 10/09/97 001123 KNOX INDUSTRIAL SUPPLIE SALES TAX 001-I~4-601-5242 001-1~,-601-5242 757.45 58.70 816.15 45752 10/09/97 000209 L & H FERTILIZER, INC. MAINTENANCE SUPPLIES 001-164-001-5218 ?.3.67 23.67 45753 10/09/97 000945 L P S CONPUTER SERVICE REFURB TONER CARTRIDGE 320-199-099-5221 748.00 VOUCHRE2 10/09/97 VOUCHER/ CHECK 45753 45753 45754 45754 45754 45755 45756 45757 45~7 45757 45758 45759 45760 45761 45762. 45763 45763 45763 45763 45763 45763 45764 45764 45765 45766 45767 45767 45767 45767 45768 45769 45769 4577O 4577O 13:55 CHECK DATE 10/09/97 10/09/97 10109197 10/09/97 10109197 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10109/97 10/09197 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 lO/o9/9r lO/O9/97 10/09/97 10/09/97 lO/O9/97 10/09/97 10/09/97 10/09197 10/09/97 10/09/97 10/09/97 OOO945 000945 002808 002808 OO28O8 002890 002632 oo1653 001653 001653 00266/, OO2948 002693 000220 OO08~3 00138/, 001384 001713 001599 002105 002105 002105 OO21O5 002406 002406 001561 001561 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS VENDOR I TEN ACCOUNT BA#E DESCR I PT I ON NIJI~ER L P S CGNPUTER SERVICE REFURB TONER CARTRIDGE L P S COMPUTER SERVICE SALES TAX 320-199-999-5221 320-199-9~9-5221 LANIER WORLDUIDE INC LANIER WORLDU]DE INC LANIER gORLDWZDE INC OFFICE SUPPLIES FREIGHT SALES TAX 001-164-60~-5220 001-164-60~-5220 OO1-164-60~-5220 LOS ANGELES CELLULAR TE 909-223-1667-P.L. SEPT OOl- 170-999-5208 HAIL BOXES ETC. SEPT DAILY HAIL DELIVERY 330-199-9~9-5250 HAILER~S SOFTUARE HAILER~S SOFTUARE HAILER~S SOFI~ARE ACCUMAIL AUTO UPOATE SVC FREIGHT SALES TAX 320-199-999-5211 320-199-999-5211 320-199-999-5211 HAR-CO INDUSTRIES, INC. FACTORY CAT/PREVENTITIVE HAINT 190-182-999-5215 HARTIN, JEFF 30-MINUTE MAGIC SHO~ 10/30/97 190-183-9O9-5370 HATROS, ANDREA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 NAURICE PRINTERS, INC. REAL ESTATE PERSONAL NOTES LTR ?..80-199-999-5270 NCDANIEL ENGINEERING CO AUG PROF SVC-79N/115 WIDEN PRJ 280-19~-602-580~ NIRUTEHAN PRESS NINUTEHAN PRESS NINUTEHAN PRESS MINUTEMAN PRESS MINUTEHAH PRESS NINUTEHAN PRESS BUSINESS CARDS:NC LEAN 280-199-999-5222 SALES TAX 280-199-999-5222 BUS CARDS:UOLNIK/SAYERS/H]LLSH 280o199-999-5222 SALES TAX 280-199-999-5222 BUSINESS CARDS H.WlNDSOR 001-171-999-52~. SALES TAX OO1-171-999-5222 NONTELEONE EXCAVATING NONTELEONE EXCAVATING GRADING OF DIRT ROADS RENOVAL OF SILT ON NAR~RITA 195-180-999-5402 001-164-601-5&01 NORRZS'REPKE, INC. CIVIL ENG SERVS:FIRST ST PRJT 280-199-807-5802 NORTH COUNTY BASKETBALL BASKETBALL ASSIGNRENT FEE 190-183-999- 5380 OLD TOWI TIRE & SERVICE CITY VEHICLE REPA]RS& HA]NT OLD TCMI TIRE & SERVICE CITY VEHICLE REPAIRS & HAINT OLD TITd~ TIRE & SERVICE CITY VEHICLE REPAIRS & HAINT OLD T(:Xal TIRE & SERVICE CITY VEHICLE REPAIRS & HAINT 001-164-601-521~ 190-180-999-5214 001-164-601-5214 001-164-601-5214 OREGA LAKE SERVICES SEPT HAINT SERVS:TEN DUCK POND 190-180-999-5212 PACIFIC BUSINESS INTERI REI40DELING/FURNITURE RDA DEPT 165-199-999-5601 PACIFIC BUSINESS INTER! REMODELING/FURNITURE RDA DEPT 280-199-999-5601 PAGENET NNTHY PAGING SERV & RENTAL OO1-162-999-5238 PAGENET NNTHY PAGING SERV & RENTAL 001-100-999-5238 ]TEN .4J4OUMT 138.00 68.66 110.00 2.88 8.53 121.00 199.OO 8.00 14.43 258.19 350.00 2/06.40 170.24 28.52 38.25 2.96 114.75 8.89 102.50 7.94 1,520.OO 2,500.00 960.00 313.50 149.85 161.O9 132.51 14.87 800.00 1,221.64 3,664.93 loo.OO 25.00 PAGE 5 CHECK ANOUNT 954.66 121.41 46.98 121.00 221.43 258.19 350.OO 246.40 170.24 28.52 275.29 4,020.00 960.00 313.50 458.32 800.00 4,886.57 VOUCH~E2 10/09/97 VOUCHER/ CHECK NUI4BER 4577O 4577O 45770 4577O 45770 4577O 4577O 4577O 4577O 45770 45771 45772 45772 45772 451'72 451'72 457i'2 45772 45772 45772 45i'72 457'1'2 45772 45772 45772 45772 457'1'2 45772 451~ 45773 45773 45773 45773 45774 45774 457'75 45776 45777 457?? 45~7'/' 457?7 45i'77 4577~ 451'77 13:55 CHECK DATE 10/O9197 10/O9/97 10/09/97 10/09/97 10/09/97 10/09/97' 10/09/97 101O9/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/O9/97 10/09/97 t0/09/97 10/09/97 1 O/09/97 10109/97 10109197 10/09/97 10/09/97 10109197 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10109197 10109197 10109197 10109197 10/09/97 10/09197 10109197 001561 001561 001561 001561 001561 001561 001561 001561 001561 001561 000249 000249 000249 000249 000249 OOO249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 OOO254 OOO254 000254 000254 002110 002110 002012 002612 OOO262 000262 OOO262 OOO262 OOO262 OO0262 OOO262 PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PAGENET PALONAR CONNUN]CATIONS, PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PRESS'ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS'ENTERPRISE CONPAN PRESS'ENTERPRISE CONPAN PRINE EOUIPt4ENT PR]NE EOUIPNENT R D 0 EGU]PI4ENT CO. RADIO SHACK, INC. RANCHO CALIFORNIA UATER RANCHO CALIFORNIA ~ATER RANCHO CALIFORNIA kIATER RANCHO CALIFORNIA gATER RANCHO CALIFORNIA UATER RANCHO CALIFORNIA UATER RANCHO CALIFORNIA UATER CITY OF TENECULA VOUCHER/CHE~ REGISTER FOR ALL PERIODS ITE# DESCRIPTION ACCOUNT NUNBER #NTHY PAGING SERV & RENTAL NNTHY PAGING SERV & RENTAL NNTHY PAGING SERV & RENTAL HNTHY PAGING GERV & RENTAL #NTHY PAGING SERV & RENTAL NNTHY PAGING SERV & RENTAL #NTHY PAGING SERV & RENTAL #NTHY PAGING SERV & RENTAL #NTHY PAGING SERV & RENTAL NNTHY PAGING SERV & RENTAL 320-199-999-5238 001-163-999-57.38 001-16~-601-5238 001-165-999-5238 001-16~-606-5238 001-170-999-5238 190-180-999-5238 001-120-999-5238 001-110-~-5238 001-140-999-5238 DISPATCH RADIO 140BILE SERVICE 320-1O9-~)9-5209 PETTY CASH REZNBURSEHENT PETTY CASH RE]NBURSENENT PETTY CASH RE]#BURSENENT PETTY CASH REZHBURSEHENT PETTY CASH REIHBURGEHENT PETTY CASH REI#BURGE#ENT PETTY CASH REINBURSENENT PETTY CASH REI#BURSENENT PETTY CASH REINBURGENENT PETTY CASH REINBLIRSENENT PETTY CASH REINBLIRSEHENT PETTY CASH REI#BURSE#ENT PETTY CASH REI#BURSE#ENT PETTY CASH REII4BURSENENT PETTY CASH REIN8LIRSENENT PETTY CASH REINBURSENENT PETTY CASH REIHOURSE#ENT PETTY CASH ~EINBURSENENT PUBLIC NOT]CE:10.28.010 PUBLIC NOTICE: CHAPTER 17 PUBLIC NOTICE: 97-16 PUBLIC NOTICE: 97-13 001-120-~-5256 001-120-O99-5256 001-120-999-5256 001-120-O99-5256 EQIUP RENTAL FOR P~ NAZNT CREg 001-16~-601-5238 EQUIP RENTAL FOR P~ NAINT CREg 001-16~-601-5238 EHERG HYD HOSE REPAIRS TO SCKH 001-16~-601-521& #]SC CORPUTER SUPPLIES 320-1O9-999-5221 01-989-02003-0 FLOATING #ETER 01-06-30205-0 SIXTH ST 01-06-30206o0 SIXTH ST 01-06-84860°5 PUJOL ST 01-02-98000-0 PRKVIEU STATION 01-02-98010-0 PAULA RD 02-79-10100°1 DIAZ RON) 001-16~-601-5250 001-164-603-5240 001 - 164-603- 5240 280-199-807-580~ 001-171-~-5240 001-171-999-5240 190-180-999-5240 ITE# ANOUNT 42.45 25.00 25.00 25.00 12.50 52.50 150.00 27.00 27.00 12.50 600.00 42.00 20.18 16.00 40.20 21.49 28.58 23.87 4.25 5.37 40.42 10.00 44.10 46.46 22.05 8.30 10.56 19.30 7.09 7.75 13.00 6.75 8.00 35.33 35.33 313.95 86.54 86.79 44.33 22.12 40.58 9.62 396.81 692.95 PAGE 6 CHECK ANOUNT 523.95 600.00 410.22 35.50 70.66 313.95 86.54 VOUCHRE2 10/09/97 VOUCHER/ CHECK NUMBER 45771' 45771' 45777 45771' 45777 45777 45777 457i'8 45779 4578O 45781 45782 45783 45783 45783 45785 45786 45787 45788 45789 45790 4579O 45791 45791 45792 45793 45794 45794 45794 45794 45794 45794 45794 13:55 CHECK DATE 10/09/91, 10/09/91, 10109/97 10[09/97 10/09/91, 10109197 10/09/91, 10/09/91, 10/09/91, 10/09/9? 10/09/91, 10/09/91, 10/09/97 10/09/97 10/09/97 10109191, 10/09/97 10/09/97 10/09/97 !0/09/97 10/09/97 10/09/97 10109197 10109197 10109197 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10109197 10109197 ~ND~ NUHBER 0002~ O0O262 O0O262 OOO262 0002~ 0002~ O902~ ~2~7 ~02~ ~2034 000645 0O0519 000519 000519 000~2 000537 0019~ 0015~ OOO3O7 OOO32O 000320 00~20 001921 002621 002~1 002621 VENDOR NAME RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNtrA WATER RANCHO CALIFORNIA kUtTER RANCHO CALIFORNIA UATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA ~LRTER SACKETT CONSTRUCT ZOR SAN DIEGO UNION TRIBUNE SAN DIEGO, CITY OF SANCHEZ, DZARA SNART & FI#AL, SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST ~)NTR SOUTH COUNTY PEST CORTR SOUTHER# CALIF ASSOC OF SOUTHER# CALIF EDZSO# SOUTHERN CALIF EDISON STANLEY R. HOFFNAN ASSO STEWARD CONPANY, THE TEMECULA TROPHY CO. TON DOOSOR & ASSOCIATES TON DGOSON & ASSOCIATES TOUNE CENTER STATIONERS TOUNE CENTER STATIONERS TRANS-PACI FIC CONSULTAN TRANSANER I CA I NFORNAT IO UNIOR BANK OF CALIF, N. UNION BANK OF CALIF, #. UNIUN BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BA#K OF CALIF, N. UNION BANK OF CALZF, N. UNION BANK OF CALIF, #. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERZODS ITEN DESCRIPTION VAN]OUSWATER METERS VARIOUS ~ATER METERS VARIOUS UATER NETERS VARIOUS VATER #ETERS VARIOUS I,L'4TER NETERS VARIOUS ~TER HETERS VARIOUS WATER #ETERS 5 SACK SLURRY AROUND RIP-RAP RECRUIT AD-HAINT SUPERVISOR HAINT & INSTALL POLICE RADIOS REFUND: SWIMHING LESSONS SUPPLIES FOR SPECIAL EVENTS PEST CONTROL SERVS:CITY HALL PEST CONTROL SERVS:HAINT FACIL PEST CORTROL SERVS:CITY HALL #EHBERSHZP:# SALAZAR C KEIRSEY HARGARZTA\YUKOM TRAFFIC SZGRAL 2-06-105-0654 VARIOUS #ETERS SEPT CONSULT SVCS-ANNEXATION NACHINE EGUIPHENT TROPHYS FOR TEEN ACTIVITIES REGIONAL CTR #ITIGATZOR STUDY CANPOR VERDES NITIGATIOR STUDY #ZSC OFFICE SUPPLIES #ISC OFFICE SUPPLIES JUNE DESIGN SERVS:~STN BYPASS #TY #ETROSCAN SOFTWARE SUBSCRZ 5305001995902/JS/SEPTEMEER 5305001995894/RR/SEPTE#BER 5305001995896/RR/SEPTEMEER 5305001995985/GY/SEPTEHBER 5305001995985/GY/SEPTENBER 5305001995910/RB/SEPTEHBER 5305001995910/RB/SEPTE#BER ACCOUNT NUNBER 190-180-999-5240 190-181-999-5240 190-182-999-5240 190-184-999-5240 191-180-999-5240 193-180-999-5240 340-199o1,01-5240 001-164-601-5401 001-150-999-5254 001-170-999-5215 190-1&~-4975 190-183-999-5370 340-199-701-5250 340-199-702-5250 340-199-701-5250 001-162-999-5226 210-165-691-5804 191-180-999-5319 001-110-999-5248 330-199-999-5242 190-183-999-5320 0001-2620 001-2610 001-163-999-5220 001-164-604-5220 210-165-612-5802 320-199-999-5211 001-100-999-5260 001-100-999-5258 001-100-999-5260 001-101-999-5280 001-150-999-5260 001-110-999-5263 001-110-999-5258 ZTE# AHOUNT 7,139.38 126.17 1,012.69 359.90 193.37 3,402.14 449.47 4,780.00 529.1,6 58.48 30.00 42.21, 56.00 40.00 56.00 60.00 317.96 7,797.20 1,800.00 65.23 92.32 858.75 858.75 1,240. O0 497.25 24.22 155.97 246.47 377.89 106.00 96.06 1,293.55 PAGE 7 CHECK AMOUNT 13,976.32 4,780.00 529.76 58.48 30.00 42.27 152.00 60.00 317.96 7, 791,. 20 1,800. O0 65.23 92.32 1,717.50 526.88 1,240. O0 497.25 VOUCHRE2 10/O9/~ VOUCHER/ CHECK NUNBER 4579~ &57'~ 45794 45794. 457~ 45794 45795 45795 45795 45796 45796 45797 45707 45798 45799 458OO 4580O 458OO 458OO 45800 45800 458O1 458O2 458O3 458O3 45803 45803 45803 45803 458O3 45803 458O3 45803 13:55 CHECK: DATE 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 10/09/97 0109197 0109197 0109197 10109197' 10109197 10/09/97 10/O9/97 10/09/97 10109197' 10/09197 10/09197 10109197 10/09197 10109197 10/09197 10/09/97 10/09/97 10109/97 10/09/97' 1O1O9197' 10/09197' 10/09197 10109197 10109197 10/09/97 10/09/97' 10/09/97' mmSER 007.67.1 ~2~1 007.67.1 0~1 002~5 002045 002045 OOO326 000326 002935 002935 OO2566 000332 001209 0012O9 001209 0012O9 001209 001209 000339 OOO345 OOO345 OOO345 OOO345 00O345 00O345 OOO345 OOO345 OOO345 000345 N,N~E UNION BANK OF CALZF, N. UNION BANK OF CALIF, N. UNION BANK OF CALZF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNZSOURCE UN[SOURCE LINISOURCE UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, VALLEY CASTING, INC. VALLEY CASTING, INC. VALLEY NICRO CONPUTERS VANDORPE CHOU ASSOCIATZ VAULT INC., THE VAULT INC., THE VAULT XNC., THE VAULT INC., THE VAULT ZNC., THE VAULT INC., THE I~ST PUBLISHING COHPANY ~ESTERN MX)O PRODUCTS A XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILL[ XEROX CORP()RATION BILLZ XEROX CORPORATION BZLLI XEROX CORPORATION BILL[ XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATZON BILLI CITY OF TEIIECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ZTEN DESCRIPTION 5305001995910/RB/SEPTEHBER 5305001995910/RB/SEPTEHBER 5305OO1995993 JG 53O5OO1995969 GT 5305001995969 GT 53O5001995951SN COPY PAPER SUPPLIES COPY PAPER SUPPLIES SALES TAX FLOOR HAT RENTAL FOR CITY HALL FLOOR HAT RENTAL FOR CITY HALL GOLDEN KEY VOLUNTEER PINS FREZGHT INTERNET SERV FOR K.LINDEIMNS SEPT PLAN CHECK SERVICES CART CTNR - T20 ARCHIVAL DATA STORAGE HICRO~OX ARCHIVAL APERTURE CARD BOX ARCHIVAL LEASED CTNR/ZNHERT COlIT. 604 LEASED CTNR/#ICROBOX 648 APERTURE CARD BOX 686 CITY HALL LEGAL PUBLICATIONS (3) M&PA SPANHASTER (ELECT) AUG 5765 COLOR COPIER USAGE SEPT LEASE PtlT ON 5021 COPIER SEPT LEASE PI4T 5100 COPIER SEPT LEASE PI4T 5100 COPIER SEPT LEASE PI4T 5100 COPIER AUG LEASE PIqT (4)DC-35 & 5343 AUG LEASE PNT(4)DC-35 & 5343 AUG LEASE PfiT (4)DC-35 & 5343 POOLED HAINTENANCE & SUPPLIES POOLED HAINTENANCE & SUPPLIES ACCOUNT NIJHBER 001-110-~9-5230 001-110-999-5222 001-120-O99-5260 001-161-O99-5261 001-161-999-5228 190-180-O9~-5260 330-199-9O9-5220 330-199-999-5220 330-199-999-5220 340-1O9-701-5250 340-199-701-5250 190-183-O99-5370 190-183-999-5370 320-199-9O9-5221 001-162-999-52~8 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-9O9-5277 001-120-999-5277 001-120-9O9-5228 001-162-999-5242 330-199-999-5239 190-182-999-5239 330-2800 330-199-999-5391 ~0-199-999-5391 330-28O0 3~0-199- 999- 5391 3$0-199-O99-5391 30-199-999-5217' 190-182-999-5217' ITEH AMOUNT 31.19 53.90 47'.00 195.00 34.95 44.95 3,600.00 7'68.20 338.54 102.79 150.70 200. O0 5.O9 99.00 363.66 11.04 36.80 44.00 6.00 20.00 121.22 119.85 1,494.18 67.08 1,554.58 529.49 35.96 2,48~.26 870.78 70.63 5,043.63 122.84 PAGE 8 CHECK AHOUNT 2,707.15 4,704.74 253.49 205.09 99.00 2,738.46 481.50 121.22 119.85 12,273.43 TOTAL CHECKS 121,2~.22 VOIJCHREZ 10/16/97 ' 13:Z9 CITY OF TENECULA VOUCHER/CHECK REGISTER FO~ ALL PERIODS PAGE 10 FUND TITLE 001 GENERAL FUND 165 NDA DEV- LOU/HOD SET ASIDE 190 C(g~NUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL INPROVENENT PROJ FUND 280 REDEVELOPHENT AGENCY - C[P 300 INSURANCE FUND 320 INFORI4ATIOR SYSTENS 330 SUPPORT SERVICES 3~0 FACILITIES N~OUNT 77,869.65 3,919.28 42,327.64 14,410.10 61.69 1,300.(~ 454.21 7,195.82 14,924.11 74~.3~ 4,831.82 353.32 TOTAL 170,175.54 VOUCHRE2 10/16/97 13:29 VOUCHER/ CHECK CHECK VENDO~ VENDOR NUMBER DATE NUHBER NARE 45804 10/13/97 002701 D]VERS]FZED RISK L66~_? 10/16/97 OO04~ ZNSTATAX (EDD) ~=~7 10/16/97 00044~ INSTATAX (EDD) ~? 10/16/97 0004~ Z#STATAX (EDD) 866867 10/16/97 OOC)~ INSTATAX (EDD) __~R~6~7 10/16/97 000~:-~ INSTATAX (EDD) ___R~J67 10/16/97 000~ [NSTATAX ¢EDD) 866867 10/16/97 0004~, INSTATAX ¢EOO) ___~__7 10/16/97 000~ INSTATAX (EOO) 866867 10/16/97 OOOZ~. INSTATAX (EDD) ___~t~68~_7 10/16/97 000~. INSTATAX (EDD) 866867 10/16/97 000z~4 INSTATAX ¢EDD) 866867 10/16/97 OOOZJ~ [NSTATAX (EDD) ___;t~,~7 10/16/97 0004~ INSTATAX (El)D) 866867 10/16/97 000~ INSTATAX ¢EDD) __~.6~L~_7 10/16/97 OOO~ [NSTATAX (EDD) ___~5~__7 10/16/97 0004Z~ [NSTATAX (EDD) ___P./~__7 10/16/97 OOOZ~ INSTATAX ¢EDD) 866867 10/16/97 OOOZ~ INSTATAX ¢EDD) 889806 10/16/97 000283 I#STATAX (IRS) 889806 10/16/97 000283 [#STATAX (IRS) 889806 10/16/97 000283 ]NSTATAX (]RS) 889806 10/16/97 000283 ]NSTATAX ¢IRS) 889806 10/16/97 000283 ]NSTATAX (]RS) 889806 10/16/97 000283 INSTATAX (IRS) 889806 10/16/97 000283 ZNSTATAX (ZRS) 889806 10/16/97 000283 ZNSTATAX ¢IRS) 889806 10/16/97 000283 INSTATAX (ZRS) 889806 10/16/97 000283 [NSTATAX 889806 10/16/97 00028:1 ]NSTATAX (]RS) 889806 10/16/97 000283 ]NSTATAX (IRS) 889806 10/16/97 000283 INSTATAX (]RS) 889806 10/16/97 000283 INSTATAX (ZRS) 889806 10/16/97 000283 INSTATAX (ZRS) 889806 10/16/97 000283 ZNSTATAX ¢IRS) 889806 10/16/97 0OO283 INSTATAX ¢ZRS) 889806 10/16/97 0007.83 ]NSTATAX (IRS) 889806 10/16/97 000283 ]NSTATAX (]RS) 889806 10/16/97 000283 ]#STATAX (]RS) 889806 10/16/97 000283 INSTATAX (]RS) 889806 10/16/97 000283 I#STATAX ¢IRS) 889806 10/16/97 000283 [#STATAX ([RS) 889806 10/16/97 000283 IHSTATAX (IRS) 45807 10/16/97 001985 45808 10/16/97 001538 A E P (ASSOC OF ENVIRO ALBERT GROVER & ASSOC]A 45809 10/16/97 001947 AMERIGAS CZTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEN DESCRIPTIOH SEPT SPECIAL EVENT INSURANCE 000444 SOl OOO444 SO I O0O444 SO l 000444 SOl OOO444 SO l OO0444 SO l 0004~4 STATE 0004~ STATE OO04/~ STATE 000,~ STATE 000~4 STATE OOO/~4 STATE OO04~4 STATE 000~ STATE 000~.~ STATE 0004/~ STATE 000/~4 STATE 000~ STATE 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 00028~ FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL OO0283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDZCARE 000283 MEDICARE 000283 MEDICARE 000283 HEPICARE 000283 MEPZCARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE MEMBERSHIP DUES:UBNOSKE 97/98 SEP PROF SRVCS-AREAUIDE ITNS PROPANE FUEL FOR CITY VEHICLES ACCOUNT NUMBER 300-2180 001-2077 163-2077 190-2077 193-2077 280-20?0 340-2077 001-2077 165-2070 190-2070 191-2070 192-2070 193-2077 194-2077 280-2070 300-2070 320-2070 330-2070 :~0-2070 001-2077 165-2077 190-2077 191-2077 192-2070 193-2077 194-2077 280-2077 300-2077 320-2070 330°2077 340-2070 001-2070 165-2070 190-2070 191-2070 192-2077 193-2070 194-2070 280-2070 300-2070 320-2070 330-2077 340-2070 001-161-~-5226 210-163-640-5802 001-162-999-5263 ITEM AHOUNT 436.57 34.91 8.04 56.21 1.42 3.30 4.00 4,225.81 202.02 ~0.~ 1.~ 3.~ 24.97 187.13 23.56 133.51 42.47 ~.62 16,17~.59 631.26 3,330.78 8.94 23.16 339.99 140.28 567.11 89.94 569.88 165.21 3,736.68 174.74 1,040.09 2.38 6.17 88.27 36.58 169.48 24.20 122.58 34.61 70.52 80. O0 1,610.OO 186.49 PAGE 1 CHECK AMOUNT 436.57 5,7~.51 27,794.40 80.00 1,610.00 VOUCHRE2 PAGE 2 10/16/97 VOUCHER/ CHECK NONBER 45809 45810 45811 45811 45812 45812 45812 45812 45813 45813 45813 45814 45814 45814 45814 45814 45814 45814 45815 45816 45817 45818 45819 45820 45821 45822 458?.3 45824 45825 45825 458?.5 45825 458?.6 CHECK DATE 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 1 O/16/97 10/16/97 10/16/97 10/16/97 1 O/16/97 10/16/97 10/16/97 10/16/97 VENDOR NUHBER 001947 002696 002480 002~80 000101 000101 000101 000101 0O2506 002506 002506 00O622 000622 00067.?. OO0622 OOO622 000622 000622 002541 00?.335 001054 000126 00127~ VENDOR NANE ANER[GAS ANINAL AHBASSADORS, INC ANIXTER, INC ANIXTER, INC APPLE ONE, INC. APPLE ONE, INC. APPLE ONE, INC. APPLE ONE, INC. BAILEY'S BLINDS & DRAPE BAILEY'S BLINDS & DRAPE BAILEY'S BLINDS & DRAPE BANTA ELECTRZC-REFRIGER HANTA ELECTRZC-REFRIGER BANTA ELECTRIC-REFRZGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRZC-REFRIGER BECKER, HALTER KARL BENTLEY'S HAINTENANCE BONNAND, LAURIE CALIFORNIA BUILDING OFF CALIFORNIA LANDSCAPE HA COHPUSERVE, INC. CONTI, PEGGY CROI/rHER, NYRHA 002106 DA FANILY SUPPORT DALOISIO, NORN 001393 DATA TICKET, INC. 001393 DATA TICKET, INC. 001393 DATA TICKET, INC. 001393 DATA TICKET, INC. 002/,66 DOVER ELEVATOR COHPANY CITY OF TE~ECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEN DESCRIPTION PROPANE FUEL FOR CITY VEHICLES FAHILY FUN NIGHT ENTERTAINgENT NISC COHPUTER SUPPLIES MISC COHPUTER SUPPLIES TEMP HELP W/E 9/6 CERASANI TEMP HELP (2)~/E 9/6GROVES TENP HELP W/E 9/13 CERASAN[ TEHP HELP WE 9/13 GROVES INSTALL 2 NEW BLINDS AT CRC SALES TAX VERTICAL BLINDS FON CITY HALL ELECTRICAL SERVICES-CITY IIALL ELECTRICAL SERVICES - CRC C.R.C. HVAC PREVENTIVE #TNC. TCC HVAC PREVENTIVE #TNC. SR. CENTER HVAC HAINTENANCE ELECTRICAL SERVICES - PARKS 1HP START PUNP FOR CRC POOL RAZN PROTECTION gCALLE GIRASOL RENOVE TRASH/1,/ASTE:HARG PK CRK REFUND:HOTHER NATURE DISABLED ACCESS GUIDE:APARTNNT EROSION BLANKET -BRIDAL VAIL COHPUSERVE INFORHATION SERVICE REFUND:LAUGHLIN TRIP REFUND:PARK RENTALS 0021O6 SUPPORT REFUND:COIqPUTER KIDS AUG PRKG CITATION PROCESSING AUG PRKG CITATION PROCESSING ZH-PERSOH HEARZNGS ZN'PERSON HEARZNGS OCT ELEVATOR SERVZCE/HAINT ACCOUNT NLINBER 190-180-999-5263 190-183-999-5320 320-199-999-5221 320-199-999-5221 001-120-999-5118 001-161-999-5118 001-120-999-5118 001-161-999-5118 190-182-999-5212 190-182-999-5212 3~,0-199-701-5212 340-199-701-5212 190-182-999-5212 190-182-999-5212 190-18~-999-5212 190-181-999-5212 190-180-999-5212 190-182-999-5212 001-164-601-5401 190-180-999-5212 190-183-4982 001-162-999-5228 193-180-999-5415 320-199-999-5228 190-183-4986 190-183-4988 190-2140 190-183-4982 001-140-999-5250 001-170-999-5250 001-140-999-5250 001-170-999-5250 340-199-701-5212 ITEH AHOUNT 31.76 225.00 186.02 88.00 288.96 325.08 356.69 180.60 101.76 7.89 21.54 90.00 244.54 354.50 165.00 83.00 198.00 434.~3 4,900.00 1,400.00 25.00 26.88 30.00 9.95 30.00 30.00 8~.50 7S.00 207.25 207.25 26.25 26.25 199.10 CHECK ANOUNT 218.25 225.00 274.02 1,151.33 131.19 1,569.27 4,900.00 1,400. O0 25.00 26.88 30. O0 9.95 30.00 30.00 82.50 i~.00 467. O0 199.10 VOUCHRE2 10/16/97 13:29 VOUCHER/ CHECK CHECK VENDOR NU~ER DATE NUMBER 45827 10/16/97 001380 45828 10/16/97 45829 10/16/97 4583O 10/16/97 10/16/97 10/16/97 45832 10/16/97 45833 10/16/97 10/16/97 10/16/97 10/16/97 45836 10/16/97 000~70 &5~ 10/16/97 000~78 45836 10/16/97 000470 45836 10/16/97 000~78 45837 10/16/97 000166 45838 10/16/97 45839 10/16/97 002982 ¢58~0 10/16/97 000170 458~0 10/16/97 000170 458~0 10/16/97 000170 458~1 10/16/97 000795 458~2 10/16/97 458/,3 10/16/97 002927 45843 10/16/97 002927 458~3 10/16/97 002927 45844 10/16/97 00018~ 458~ 10/16/97 000184 4584~ 10/16/97 OO01e~ 458~5 10/16/97 001355 458~5 10/16/97 001355 458/,6 10/16/97 002988 VENDOR NAME E S ] E#PLOYNENT SERVZC EAPA/IPNA C/O PADRE DAN 002390 EASTERN MUNICIPAL k~ATER 002712 ECONO#1C & POLITICAL AN 002802 ELLIS GROUP, INC. 002802 ELLIS GROUP, INC. 0024Z~ ENGEN CORPORATION 002128 ENGINEERING VENTURES, Z 002517 ERNIE B;S 002517 ERNIE 0029~3 ETTARRI, CHARLES V. #.D FAST SIGNS FAST SIGNS FAST SIGNS FAST SIGNS FIRST AMERICAN TITLE CO FLESURAS, MELODY FRANCHISE TAX BOARD FRANKLIN GUEST COMPANY, FRANKLIN GUEST COI4PANY, FRANKLIN QUEST COMPANY, FRED PRYOR SEMINARS FRED ROTHFUS$ WtTER TRU FUN "N" rdU4ES FUN "N" GAMES FUN "N" GAMES G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA, INC. G T E CALIFORNIA, INC. GARDEN PATH FLORIST CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELPC2)WE 9/26 DONAHOE EAPA/IPHA CF:11/18 D. LANIER ~ATER SERVZCE:PZEGO DR LDSC JUL-SEP ECONOMIC CONSULTING LEGAL CONSULTING SRVCS'SEPT LEGAL CONSULTING SRVCS-SEPT CONCRETE LAB TESTING:SIGNAL PROF SRVCS-SIDE~ALK IMPROVNNTS LUNCH FOR VOORBURG SISTER CITY SALES TAX H.R. PROFESSIONAL SERVICES DIRECTIONAL SIGN FOR 6TH ST SIGNS FOR PALA PARK SALES TAX BANNERS:HALLOWEEN SPOOKTACULAR LOT BOOK REPT:NANOS,PANTALEON REFUND:HATHA YOGA 002~82 ST DED DAY PLANNER REFILLS FREIGHT SALES TAX NANAGE PRJCTS SEM:11/17 NAASEH REFUND:LAUGHLIN TRIP GAME SUPPLIES - SPECIAL EVENTS GAME SUPPLIES-SPECIAL EVENTS CREDIT:INVOICE TOTAL INCORRECT 909-506-2626-SEP-SUB-STATIGR 909-699-OS90-$EP-TE# TOUN ASN 909-699-1370-SEP-CABOOSE RVSD OPEN LINE ACCESS:SEP SRVC RVSD CO. OPEN LINE SEP SERVICE FLOWERS FOR TEN ART GALLARY ACCOUNT NUMBER 001-161-999-5118 001-150-~-5261 193-180-999-5240 280-199-999-52~8 001-130-999-5250 001-130-9~-5250 210-165-675-580~ 210-165-677-5802 001-101-~-5280 001-101-999-5280 001-150-999-5248 280-199-80~-580~ 190-180-~-5212 190-180-999-5212 190-180-999-5301 165-199-999o5250 190-183-4982 280-2140 001-164-60~-5220 001-164-60~-5220 001-1~4-60~-5220 001-161-999-5261 190-18~-4986 190-185-999-5370 190-183-999-5370 190-183-999-5370 001-170-999-5229 320-199-999-5208 001-110-999-5208 320-199-999-5208 320-199-999-5208 280-199-999-5270 ITEM AMOUNT 2,967.42 60. O0 380.80 3,000.00 3,910.00 1,000. O0 135.00 4,021.26 92.25 7.75 675. O0 348.03 111.00 8.60 183.18 150.00 37.00 25. O0 9.00 5.40 1.12 30.00 169.66 21.53 11.38- 285.37 53.~, 121.62 350.00 315.00 26.94 PAGE 3 CHECK ANOUNT 2,967.42 60.00 380.80 3,000.00 4,910.00 135.00 4,021.26 100.00 675.00 650.81 150.00 37.00 25.00 15.52 99.00 30.00 1~.81 665.00 26.94 VOUCHRE2 CiTY OF TENECULA 10/16/97 13:29 VOUCHER/CHECK REGISTER FOR ALL PERZOOS PAGE VOUCHER/ CHECK CHECK VEldDOIt VENDOR iTEM ACCOUNT NUMBER DATE NUMBER NN4E DESCRIPTioN NIJMBER ]TEN AMOUNT CHECK AMOUNT 45847 10/16/97 GRIZZLE & HUNTER PLASTI REFUND:PARK RENTALS 190-183-4988 100.00 100.00 458/,8 10/16/97 002372 HARMON, JUDY TCSO iNSTRUCTOR EARNZNGS 190-183-999-5330 431.20 431.20 &5849 10/16/97 000193 i C N A (5)iCHA PUBLICATIONS 001-110-999-5228 113.85 113.85 45850 10/16/97 OO019~ I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,650.14 45850 10/16/97 000194 I C N A RETIREgENT TRUS 00019~ DEF C(~ 165-2080 18.75 45850 10/16/97 OO019~ I C N A RETIREgENT TRUS 000194 DEF COHP 190-2080 432.43 45850 10/16/97 000194 I C N A RETIREgENT TRUS 000194 DEF CONP 193-2080 15.62 45850 10/16/97 000194, I C N A RETIREgENT TRUS 000194 DEF CONP 280-2080 6.25 45850 10/16/97 000194 [ C M A RETIREMENT TRUS 000194 DEF COMP 340-2080 78.13 2,201.32 45851 10/16/97 IFC! MEMBERSHIP DEPARTN NEMBERSHIP:H.g!NDSOR 001-171°999-5228 60.00 45852 10/16/97 INLAND VALLEYS RIGHT TO REFUND:SECURITY DEPOSIT 190-Z900 45852 10/16/97 INLAND VALLEYS RIGHT TO REFUND:SECURiTY DEPOSIT loo-183-4990 150.00 8.75- 141.25 45853 10/16/97 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 45854 10/16/97 000199 INTERNAL REVENUE SERVIC 000199 IR$ GARN 001-2140 310.06 310.06 45855 10/16/97 002140 JAGUAR COHPUTER SYSTEMS QTR 2 E-HAlL SUPPORT & HAINT 320-199-999-5211 300. O0 300.00 45856 10/16/97 000820 K R W & ASSOCIATES AUG-SEP PLAN CHECK SRVCS-ENG 001-163-999-5248 45856 10/16/97 oo0820 K R W & ASSOCIATES goNKERS CONP FOR INW/97.22 001-1182 45856 10/16/97 000820 K R ~ & ASSOCIATES CREDIT:gORKERS CONP 1NW/97.33 001-1182 2,695.00 23.07- 46.14- 2,625.7'9 45857 10/16/97 KARLS, RUTH REFUND:LAUGHLiN TRIP 190-183-4986 3 0. O0 30.00 45858 10/16/97 001667 KELLY TEMPORARY SERVICE TENP HELP WE 8/17 (3)TEHPS 001-172-999-5118 45858 10/16/97 001667 KELLY TEMPORARY SERVICE TEHP HELP ~/E 8/24 (3)TEMPS 001-172-999-5118 45858 10/16/97 001667 KELLY TEMPORARY SERVICE TEMP HELP ~/E 9/28 CHUDY 001-163-999-5118 45858 10/16/97 001667 KELLY TEMPORARY SERVICE TEMP HELP WE 9/28 CHUDY 001-16~-604-5118 45858 10/16/97 001667 KELLY TEHPORARY SERVICE TENP HELP WE 9/28 MILES OO1-163-999-5118 45858 10/16/97 001667 KELLY TEMPOMARY SERVICE TEl4) HELP WE 9/28 MILES 001-16~-60~-5118 45858 10/16/97 001667 KELLY TEMPORARY SERVICE TEHP HELP WE 9/28 SCHNECK 001-165-999-5118 624.00 7~8.80 87.75 263.25 70.53 211.57 408.04 2,413.94 45859 10/16/97 001091 KEYSER HARSTON ASSCOIAT JUN-JUL PROF SRVCS-PUJOL PRJT Z80-199-821-5801 45859 10/16/97 001091 KEYSER HARSTON ASSCOIAT AUG PROF SRVCS-PUJOL PROJECT 280-199-821-5801 1,927.10 387.50 2,314.60 45860 10/16/97 002789 KINCO STAFFING SOLUTION TENP HELP WE 9/28 SIMI4ONS 45860 10/16/97 002789 KINCO STAFFING SOLUTION TEMP HELP WE 9/28 SIMMONS 165-199-999-5118 280-199-999-5118 260.00 260.00 520.00 45861 10/16/97 000206 KINKO'S, INC. 45861 10/16/97 000206 KINKO'S, INC. STATIONERY PAPER/NISC SUPPLIES 001-110-999-5223 STATIONERY PAPER/NZSC SUPPLIES 001-110-999-5223 47.30 40.20 87.50 45862 10/16/97 002499 L D KING, INC. SEP PROF SRVCS-gINCHESTER/I-15 280-199-602-5801 45863 10/16/97 001534 LA HASTERS OF FINE TRAV AIR:SAVVY AgARDS 9/12 MCLARNEY 280-199-999-5258 626.00 1F;.OO 626. O0 199.OO VOUCHRE2 10/16/97 VOUCHER/ CHECK NU~ER 45865 45~7 45~ 458d~ 45869 4587O 45871 45871 45872 45873 45874 45875 45875 45875 45875 45876 45877 45877 45878 45878 45878 458~9 45880 45881 45881 45882 45882 45882 45882 45882 45882 13:29 CHECK DATE 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 VENDOR NUHBER 002893 000210 002229 002229 000217 000220 001~84 OO1384 002548 0019~ 00198~ 002925 002292 002292 002105 002105 002105 002668 002652 002406 002406 000246 000246 0002~6 0002~6 00O248 OOO248 CITY OF TFJ4ECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITE# NANE DESCRIPTION LAHB, DEBRA REFUND:DOG ORED]ANCE LARA, NOE TCSD INSTRUCTOR EARN]NGS LEAGUE OF CAL. CITIES - (5)PLANNERS POCKET GUIDE LEE, #ICHAEL REFUND:NOTHER NATURE LUCE PRESS CLIPPINGS, ! JUL PRESS CLIPPING SERVICES LUCE PRESS CLIPPIHGS, I AUG PRESS CLIPPING SERVICES HARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS HAURICE PRINTERS, ]NC. PRINTING OF REDEVELOPMENT NE~S #INUTENAN PRESS MZNUTEI,IAN PRESS BUSINESS CARDS:K.NOLAND SALES TAX HITCHELL, ANN REFUND: AHAZING CHEF'S NIYN, IOTO-JUROGI(Y, SUSAN TCSO INSTRUCTOR EARNINGS NORRIS SR., STEUART #. TCSD INSTRUCTOR EARNINGS HUSI-CAL AUDIO ENV]RONN REPLACE LIMITER FOR NPR/AHP NUSI-CAL AUDIO ENVIRONN EGU]PHENT COVER/NIDATLANTZC NUSI-CAL AJJDIO ENVIRONM INSTALLATION NUSI-CAL AUDIO ENVIRON# SALES TAX NAPA AUTO PARTS MISC PARTS & SUPPLIES FOR PW OASIS VENDING OASIS VENDING CORRECT[ON ON OCTOBER INVOICE COFFEE/VENDING SERVICES OLD TOUN TIRE & SERVICE OLD TOgN TIRE & SERVICE OLD TOgg TIRE & SERVICE CITY VEHICLE REPA]RS& HAINT CITY VEHICLE REPAIRS & HAINT CITY VEHICLE REPAIRS & HAINT OHEGA LAKE SERVICES OCTOBER DUCK POND NAINT OSCAR'S CATERING SERVS-COUNCIL #TG PACIFIC BUSINESS INTER] FILE UPGRADES FOR BUS LICENSE PACIFIC BUSINESS ]NTERI SALES TAX PERS (EMPLOYEES' RETIRE 000246 PERS RET PERS (EMPLOYEES; RETIRE 000246 PERS RET PERS (EMPLOYEES; RETIRE 0002~ PERS RET PERS (EMPLOYEES; RETIRE 000246 PERS RET PER$ (EHPLOYEES' RETIRE 000246 PERS RET PER$ (ENPLOYEES' RETIRE 0002~6 PERS RET ACCOUNT NUNBER 190-183-4982 190-183-999-5330 001-161-999-5228 190-183-4982 280-199-999-5250 280-199-999-5250 190-183-99~-5380 280-199-999-5250 001-161-999-5222 001-161-999-5222 190-183-4980 190-183-999-5330 190-183-999-5330 190-182-999-5250 190-182-9~-5250 190-182-999-5250 190-182-999-5250 001-154-601-5218 3~0-199-7Ol-5250 ~r0-199-701-5250 001-1(~-601-5214 001-165-999-5214 1~0-180-9~-5214 190-180-~-5212 001-100-999-52(~) 001-140-9~-5242 001-140-999-5242 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 ]TEN N40UNT 25.00 252.00 50. O0 25. O0 271.89 153.42 3,025.00 2,423.30 38.25 2.96 5.00 30~. O0 252. O0 380.00 18.00 90.00 30.85 2.47 24.56 397.10 35.97 448.04 15.95 800.00 594.30 46.06 17,160.09 671.94 3,302.26 11.15 27.52 346.24 PAGE 5 CHECK AI40UNT 25.00 252.00 50.00 25.00 425.31 3,025.00 2,423.30 41.21 5.00 304.00 252.00 518.85 2.47 421.55 499.96 800. O0 83.63 64,0.36 VOUCHRE2 CITY OF TENECULA 10/16/97 13:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 VOUCHER/ CHECK CHECK VENDOR VENDOR i TEN NUNBER DATE NUHBER NAHE DESCRZPTION ACCOUNT NUNBER ITE# AMOUNT CHECK AHOUNT 45882 10/16/97 0002~6 PERS (E#PLOYEES' RETIRE 000246 PERS RET 45882 10/16/97 0002~6 PERS (ENPLOYEES~ RETIRE 000246 PERS RET 45882 10/16/97 0002/,6 PERS (E#PLOYEES' RETIRE 000246 PERS RET 45882 10/16/97 000246 PERS (E!,IPLOYEES' RETIRE 00024.6 PERS RET 45882 10/16/97 0002~6 PERS (ENPLOYEES~ RETIRE 0002~6 PERS RET 45882 10/16/97 00024,6 PERS (ENPLOYEES' RETIRE 0002/,6 PERS RET 45882 10/16/97 0002~6 PERS (ENPLOYEES~ RETIRE 0002/,6 PERS-PRE 45882 10/16/97 0002~6 PERS (E#PLOYEES' RETIRE 000246 SURVIVOR 45882 10/16/97 0002~6 PERS (ENPLOYEES' RETIRE 000246 SURVIVOR 45882 10/16/97 0002~6 PERS (E#PLOYEES' RETIRE 000246 SURVIVOR 45882 10/16/97 000246 PERS (ENPLOYEES' RETIRE 000246 SURVIVOR 45882 10/16/97 000246 PERS (E#PLOYEES' RETIRE 000246 SURVIVOR 45882 10/16/97 000246 PERS (ENPLOYEES' RETIRE 000246 SURVIVOR 45882 10/16/97 0002~6 PERS (E#PLOYEES' RETIRE 0002~6 SURVIVOR 45882 10/16/97 0002/,6 PERS (ENPLOYEES~ RETIRE 000246 SURVIVOR 45882 10/16/97 0002~6 PERS (E#PLOYEES' RETIRE 0002~6 SURVIVOR 45882 10/16/97 0002~6 PERS (EHPLOYEES' RETIRE 000246 SURVIVOR 45882 10/16/97 000246 PERS (ENPLOYEES~ RETIRE 000246 SURVIVOR 45882 10/16/97 000246 PERS (E#PLOYEES' RETIRE 0002~6 SURVIVOR 194-2390 280-2390 300-2390 320-2390 330-2390 340-Z390 001-2130 001-2390 165-2390 191-2390 192-2390 194-2390 280-23Q0 320-2390 330 - 2390 340-239O 165.91 774.58 112.0~ 552.34 110.10 226.05 313.17 1.75 14.78 .05 .14 1.54 .8~ 2.43 .46 .93 1.25 23,873.46 45883 10/16/97 001958 PERS LONG TERH CARE PRO 001958 PERS L-T 001-2122 49.85 49.85 45884 10/16/97 000249 PETTY CASH 4588~ 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 4588~ 10/16/97 000249 PETTY CASH 4588~ 10/16/97 000249 PETTY CASH 4588~ 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 45884. 10/16/97 000249 PETTY CASH 4588~ 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 4588~ 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 4588~ 10/16/97 000249 PETTY CASH 45884 10/16/97 000249 PETTY CASH 458~ 10/16/97 000249 PETTY CASH PETTY CASH REINBURSE#ENT PETTY CASH REINBURSENENT PETTY CASH REI#BURSE#ENT PETTY CASH REI#BURSENENT PETTY CASH REI#BURSEHENT PETTY CASH REI#BURSE#ENT PETTY CASH REIHBURSE#ENT PETTY CASH REI#BURSE#ENT PETTY CASH REI#BURSENENT PETTY CASH REINBURSE#ENT PETTY CASH REINBLIRSENENT PETTY CASH RE]#BURSENENT PETTY CASH REZ#BURSE#ENT PETTY CASH REZNBURSENENT PETTY CASH REZ#BURSE#ENT PETTY CASH REI#BURSE#ENT PETTY CASH REIHBURSENENT PETTY CASH REIMBURSEgENT PETTY CASH REINBURSE#ENT 190-183-999-5320 001 - 120-999- 5225 001-164-60~-5222 190-180-999-5222 280-199-999-5270 280-199-999-5262 280-199-999-5220 280-199-999-5258 280-199-999-5258 001-16~-60~-5260 001-16~-60~-5260 280-199-999-5260 280-199-999-5260 190-18~-999-5301 190-18~-999-5301 190-18~-999-5301 001-150-999-5265 001-150-999-5265 001-150-999-5265 23.~6 19.41 10.70 22.09 34.51 5.00 3.18 25.00 50.00 4.70 14.00 31.55 30.16 19.82 45.66 34.72 47.74 50.00 18.78 490.48 45885 10/16/97 002986 PHOELMAN, SKIP ENTERTAINNENT a SENIOR DANCE 190-181-999-5301 250. O0 250.00 45886 10/16/97 O00254 45886 10/16/97 000254 45886 10/16/97 000254 45886 10/16/97 000254 45886 10/16/97 000254 45886 10/16/97 O00254 4588~ 10/16/97 000254 PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRiSE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE CONPAN PIJBLIC NOTICE: 28309 PUBLIC NOTICE: PA97-0298 PUBLIC NOTICE: PA97-02~6 PUBLIC NOTICE: P~97-14 PUBLZC NOTZCE: PA97-0286 PUBLIC NOTICE: PA97-0234 PUBLIC NOTICE: PA97-028,3 001-120-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 25.75 19.50 18.75 66.27 17.75 16.50 16.50 181.02 VOUCHRE2 10/16/97 13:29 VOUCHER/ CHECK CHECK VENDOR NUNBER DATE NUNBER 45887 10/16/97 002110 ~5888 10/16/97 002776 45888 10/16/97 002776 45888 10/16/97 002776 45888 10/16/97 002776 45888 10/16/97 002776 45888 10/16/97 002776 &5888 10/16/97 002776 &5S88 i0/16/97 002776 45888 10/16/97 002776 45888 10/16/97 002776 45~8 10/16/97 00:)776 45888 10/16/97 002776 45888 10/16/97 002776 45~8 10/16/97 00:)776 45888 10/16/97 00:)776 45888 10/16/97 002776 45888 10/16/97 002776 45888 10/16/97 002776 45888 10/16/97 00:)776 45888 10/16/97 00:)776 45888 10/16/97 002776 45889 10/16/97 0009~7 45889 10/16/97 45889 10/16/97 C)00~7 45889 10/16/97' 0C)09~7 45890 10/16/97 000907 45890 10/16/97 000907 45890 10/16/97 000907 4589O 10/16/97 O0O9O7 45890 10/16/97 000907 45891 10/16/97 001046 45892 10/16/97 001097 45892 10/16/97 001097 45893 10/16/97 001624 45893 10/16/97 001624 45893 10/16/97 001624 45894 10/16/97 002226 45895 10/16/97 002937 45896 10/16/97 45891' 10/16/97 PRZHE EQUZ P14ENT PRINE HATRIX, INC. PRINE HATREX, INC. PRIHE HATRIX, INC. PRI#E HATRIX, INC. PRIME NATRIX, INC. PRINE NATRIX, INC. PRINE NATRIX, I#C. PRINE HATRIX, INC. PRINK IdATRIX, INC. PRIHE HATRIX, INC. PRINE HATRZX, INC. PRINE IMTRIX, IHC. PRINE NATRZX, INC. PRINE NATRIX, INC. PRIHE HATRIX, INC. PRI~ HATRIX, INC. PRI#E ~ATRZX, IHC. PRUDE NATRZX, INC. PRIHE NATRIX, I#C. PRIHE HATRIX, INC. PRIHE IdATRIX, INC. RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO CAR gASH RANCHO CAR ~ASH RANCHO CAR ~ASH RANCHO CAR UASH RANCHO CAR UASH REXON, FREEDNAN, KLEPET ROADLINE PRODUCTS, INC. ROADLINE PRODUCTSj INC. RONERTS, GENIE ROGERTS, GENIE ROBERTS, GENIE RUSSO, NARY ANNE SACKETT CONSTRUCTION SCORDINO, ROBERT SHAUN SCOTT POOL & SPA CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITE# DESCRIPTION EGUIPNENT RENTAL - PARKS SC-5001317-6 JS SC-5001339°0 KL SC-5002361-3 PE SC-5001383-8 RR $C-5001322-6 RB SC-5001391-1 GR SC-5001373-9 TE SC-5001379o6 JH SC-5001207-9 BB SC-5003835-5 P BLAZER SC-5001237-6 lib/ SC-5001220-2 I~tNAINT SCo5002330-8 CITY VAN SCo500120~-1 HP SCo5001251-7 KH SC-5001348-1 I~/ SC-5001349-9 TCSD POOL SC-5001349-9 TCSD POOL SC-5001202-0 ZNFOR SYSTE# SC-50039~8-6 INFO SYSTE# SC-5002401-7 TH BLUEPRINTS:RANCHO CAL/l-15 BLUEPRINTS:RANCHO CAL/I-15 BLUEPRINT:TRAFFIC SIGNAL HARG BLUEPRINTS:FLASHING BEACONS VEHICLE DETAILING & HAINT. VEHICLE DETAILING & HAINT. VEHICLE DETAILING & NAINT. VEHICLE DETAILING & HAINT. VEHICLE DETAILING & HAINT. SEPT 97 PROF LEGAL SERVS REPAIR STENCIL TRK REEL HOSE SALES T~X REIHB:TRAZNING #TG/TEAHBLDG REINB:TRAZNING NTG/TEAHBLDG RE[HB:TRAINING #TG/TEAHBLDG TCSD INSTRUCTOR EARNINGS CALLE CRAPOS EROS[OH CONTROL REFUND: TRIPS SEPT POOL HAINT/TEH ELE#ENTARY ACCOUNT UUHBER 190-180o999-5238 001-100-9~9-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-110-999-5208 001-140-999-5208 001-162-999-5208 001-163-9~9-5208 001-164-601-5208 001-164-601-5208 001-164-604-5208 001-164-601-5208 190-180-~-5208 1~0-180-~9~-5208 190-180-999-5:)08 190-180-999-5208 190-180-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 210-165-~01-5804 210-165-601-5804 210-165-691-5802 210-165-672-5802 001-1~?.-999-5214 001-162-999-5263 001-165-~-5214 001-163-999-5214 190-180-~-5214 001-130-999-5247 001-164-601-5214 001-164-601-5214 001-140-999-5261 001-171-999-5261 001-171-999-5261 190-183-999-5330 001-164-&01-5401 190-183-498~ 190-180-999-5212 ITEN ANOUNT 126.76 126.54 63.05 30.63 62,82 28.19 76,67 37.98 193,3~ 57,89 57,86 43.51 34.95 27.72 35.22 39.75 4.35- 28.87 56.35 37.35 165.62 1,174.48 42.31 47.15 45. O0 15.3~ 5.00 10.00 17.16 262.50 110.30 9.10 42.88 42.87 .01 504.00 4,820.00 30.00 421.85 PAGE 7 CHECK ANOUNT 126.76 1,147.74 1,429.56 92.50 262.50 119.40 85.76 504.00 4,820.00 30.00 421.85 VOUCNRE2 10/16/9i' VOUCHER/ CHECK ~JI~ER 45898 45899 45899 45899 459OO 459OO 45901 45901 45901 45901 45901 45901 45901 459O1 459O2 45902 45902 45902 459O3 4590~ 459O5 459O5 459O6 459O6 459O7 45907 459O8 459O9 459O9 459O9 45909 459O9 459O9 459O9 459O9 459O9 459O9 45910 45910 13:~9 CHECK DATE 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 lO/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 10/16/97 VENDOR HONBER 000697 000519 000519 000537 000537 000537 000537 000537 000537 000537 000537 001212 001212 001212 001212 001672 001672 000307 000307 002769 001065 001065 001065 001065 001065 OO1065 001065 001065 OO1065 001065 000389 000389 VENDOR NAME SISTER CITIES INTERRATI SORENSEN, ERIC SORENSEN, ER]C SORENSEN, ERIC SOUTH COUNTY PEST COMTR SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALZF EDISON SOUTHERN CALZF EDZSOH SOUTHERN CALIF EDISON SUUTHERN CAL]F EDISON SOUTHERN CALIF EDISON SOUTHERN CALZF EDISON SOUTHERN CALZF GAS COMP SOUTHERN CALIF GAS CCNP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP STEVENS, KIMBERLY $TEgART, LISA SUNRIDGE CHURCH SUNRIDGE CHURCH TENECULA DRAIN SERV & P TENECULA DRAIN SERV & P TENECULA TROPHY CO. TEMECULA TROPHY CO. TODDfS FENCING U S C N /PEBSCO (DEF. C U S C N /PEBSCO (DEF. C U S C # /PEBSCO (DEF. C U S C N /PEBSCO (OEF. C U S C N /PEBSCO (DEF. C U S C N /PEBSCO (DEF. C U S C N /PEBSCO (OEF. C U S C g /PEBSCO (DEF. C U S C N /PEBSCO (DEF. C U S C N /PEBSCO (DEF. C U S C N /PEBSCO (OBRA) U S C N /PEBSCO COBRA) CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PER[00S ITEM DESCRIPTION SISTER CITIES NENBERSHIP REFUNO:GARAGE COVERS B97-1821 REFUND:GARAGE COVERS B97-1821 REFUNO:GARAGE COVERS B97-1821 PEST CONTROL SERVICES - CRC PEST CONTROL SERVICES - TCC 2-00-397-5059 VARIOUS METERS 2-00-397-5059 VARIOUS METERS 2-00-397-5059 VARIOUS NETERS 2-02-351-5281 RANCHO VISTA 2-01-202-7603 VARIOUS METERS 2-05-791-8807VARIOUS METERS 56-77-755-5997-01 WCHER 56-77-755-5999-01 WCHER 021 725 07?5 SR CENTER 091 0249300 CRC 101 525 O950 TCC 133 C)~O ?5?3 CITY HALL REFUND:COOKIE MSTR/NdAZ CHEF'S REFUND: COMPUTER KIDS REFUND: SECURITY DEPOSIT REFUHO: SECURITY DEPOSIT PLUMBING SERVS - SAN HICK PRK PLLMBING SERVS - SAN HICK PRK TROPHIES FOR SPORT ACTIVITIES WINTER/SPRING SOFTBALL TROPH[E RESDTL INPRVNNT PRGN: RASS,D. OO1065 DEF COMP 001065 DEF CONP 001065 DEF COHP 001065 DEF CONP OO1065 DEF CO#P 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF CONP 001065 DEF CONP 000389 PT RETIR 000389 PT RETIR ACCOLINT NUMBER 001-101-999-5280 001-2Z90 001-162-4200 001-16Z-4285 190-182-999-5250 190-18~-999-5250 191-180-999-5319 190-18~-999-5240 190-180-999-5240 190-182-999-5240 191-180-999-5319 191-180-999-5319 191-180-999-5319 191-180-999-5319 190-181- 999- 5240 190-182-999-5240 190-18&-999-5240 340-199-701-5240 190-183-4980 190-183-4982 190-183-4990 190-2900 190-180-99~-5212 190-180-999-5212 190-183-999-5380 190-183-999-5380 165-199-813-580~ 001-2080 165-2080 190-2080 192-2080 193-2080 19~-2080 280 - 2080 300-2080 320-2080 3~0-2080 001-2160 165-2160 ITEN AMOUNT 380.00 .40 27.00 36.00 42.00 36.00 569.70 1,417.00 10,505.74 5,090.96 7,268.46 6,16~.62 176.52 206.64 25.56 565.95 20.08 19.30 ?5.00 5.00 100.00 47.00 47.00 61.42 21.01 1 ,~85.61 3,412.28 181.49 1,302.61 .75 6.25 85.63 348.17 59.59 562.50 1.50 5?..3.66 120.62 PAGE 8 CHECK AMOUNT 380. O0 63.40 78.00 31,399.6~ 630.89 79.00 ?5.OO 105.00 94.00 82.43 1,~85.61 5,960.7? VOUCHRE2 10/16/97 13:29 VOUCHER/ CHECK CHECK VENDOR NURBER DATE NU!mER 65910 10/16/97 000389 65910 10/16/97 000389 65910 10/16/97 000389 65910 10/16/97 000389 65911 10/16/97 00?.396 U S C # /PEBSCO (ORRA) U S C N /PEBSCO (C~RA) U S C N /PEBSCO ((NLRA) U S C # /PEBSCO (ORRA) U S LONG DISTANCE, INC. 65912 10/16/97 00267.1 UNZOR BANK OF CALZF, N. 65912 10/16/97 00267.1 UNIOR BANK OF CALIF, N. 65912 10/16/97 002621 UNION BANK OF CALIF, N. 65912 10/16/97 002621 UNIOR BANK OF CALIF, N. 45912 10/16/97 002621 UN]OR BANK OF CALIF, N. 65912 10/16/97 002621 UNION BANK OF CALIF, N. 65912 10/16/97 002621 UNION BANK OF CALIF, N. 65912 10/16/97 002621 UNION BANK OF CALIF, N. 65912 10/16/97 002621 UNION BANK OF CALIF, N. 45912 10/16/97 002621 UNION BANK OF CALIF, N. 65912 10/16/97 002621 UNIOR BANK OF CALIF, N. 65913 10/16/97 000325 UNITED gAY 65913 10/16/97 000325 UNITED gAY 45913 10/16/97 000325 UNITED gAY 45916 10/16/97 001209 VAULT ZNC., THE 65916 10/16/97 001209 VAULT INC., THE 65914 10/16/97 001209 VAULT INC., THE 65916 10/16/97 001209 VAULT INC., THE 65916 10/16/97 001209 VAULT INC., THE 65916 10/16/97 001209 VAULT INC., THE 65916 10/16/97 001209 VAULT INC., THE 45915 10/16/97 001342 gAXIE SANITARY SUPPLY, 45915 10/16/97 001342 gAXIE SANITARY ~UPPLY, 45915 10/16/97 OO1342 gAXZE SANITARY SUPPLY, 45915 10/16/97 001342 ~AXIE SANZTARY SUPPLY, 45915 10/16/97 001342 gAXZE SARZTARY SUPPLY, 45915 10/16/97 001342 gAXIE SANITARY SUPPLY, 45915 10/16/97 001342 gAXIE SANITARY SUPPLY, 65916 10/16/97 000466 gH]TEHEAD, RHUNDA 65917 10/16/97 002092 gINTER GRAPHICS SOUTH CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ZTEN DESCRIPTION 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000~89 PT RETIR LORG DISTANCE TELECGI4 PROVIDER 53050019959~8 #J# 5305001995928 #J# 5305001995928 #JN 5305001995928 NJN 5305001995928 NJN 53050019959?.8 #J# 5305001995928 5305001995928 #J# 5305001995928 5305001995928 5305001995928 #~# OO0325 LN OOO325 ug 0OO325 UN CART CTNR - T20 ARCHIVAL DATA STORAGE N[CRO80XARCHIVAL APERTURE CARD BOX ARCHIVAL LEASED CTNR/INSERT CORT, 604 LEASED CTNR/HICROBOX (:~,8 APERTURE CARD BOX ~ SPECIAL REQUEST P/U g VAULT PAINTENANCE SUPPLIES - CRC PAINT SUPPLIES - CITY HALL PAINT SUPPLIES/PAINT FACILITY PAINT SUPPLIES - SR CENTER PAINT SUPPLIES - CITY PARKS PAINT SUPPLIES o CITY HALL PAINTENANCE SUPPLIES o CRC TCSD INSTRUCTOR EARNINGS SITE SELECTION AD:4 COLORS ACCOUNT NUNBER 190-2160 193-2160 280-2160 340-2160 320-199-999-5208 280-199-999-5270 280-199-999-5228 280-199-999-5258 280-199-999-5258 280-199-999-5220 165-199-999-5220 280-199-999-5270 280-199-999-5262 280-199-999-5260 280-199-999-5258 280-199-099-5258 001-2120 165-2120 190-2120 001-120-c~9-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 001-120-999-5277 190-182-999-5212 340-199-701-5212 340-199-702-5212 190-181-~9-5212 190-180-999-5212 340-199-701-5212 190-182~999-5212 190-183-999-5330 280-199-9~9-5270 ITE# ~40UNT 8~2.98 21.22 69.56 60.00 1,468.32 112.60 153.50 265.00 277.50 8.07 8.O6 157.39 10.00 61.35 1,580.68 17.65 97.70 5.00 16.30 363.66 11.04 36.80 ~z~. O0 6.00 20.00 12.60 314.58 121.98 56.19 253.00 306.81 116.10 128.11 249.60 36~.80 PAGE 9 CHECK AHOUNT 1,618.02 1,468.32 2,651.80 119.00 696.10 1,296.77 249.60 ~.80 TOTAL CHECKS 170,175.54 VOUCHRE2 10/17/97 09:05 CITY OF TENECULA VOUCHER/CHECK REGISTER FOIlALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 190 C~q~JMITY SERVICES DISTRICT TCSD SERVICE LEVEL C 210 CAPITAL INPROVENENT PROJ FUND REDEVELOP#ENT AGENCY - CIP AI~XJNT 93,49~.29 13,971.80 8,813.00 1,:365, ~63.40 12,/,90.75 TOTAL 1,494,233.24 VOUCHRE2 10/17/97 VOUCHER/ CHECK NUNBER 971028 971028 45920 /.5921 45922 /*5923 45923 45924 45924 45925 45926 45926 45927 45928 45928 45929 45930 45931 45931 45932 45933 45934 45934 09:05 CHECK DATE 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 10/28/97 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR NUI4BER NAHE 002896 ALL CONCRETE CONSTRUCT[ 002896 ALL CONCRETE CONSTRUCT! 001916 ALBERT A. WEBB ASSOCIAT 000135 CENTRAL CITIES SIGN $ER 002869 CROSSROADS SOFTWARE 001009 D B X, INC. 001009 D B X, INC. ENG!NEERING RESOURCES !TEN ACCOUNT DESCRXPT!OR NUNBER C!TYWZDE P.C.C. REPAIR FY97-98 001-164-601-5402 RETENTION WH P.C.C. REPAIRS 001-2035 JUN-AUG PROF SRVCS-PAVI4NT #GI4T STREET SIGNS NEEDED FOR STOCK CONP.TRAF.COLLZSZON DATABASE PRGSS P#T #1-SIGNAL 79/BEDFORD RETENTION W/H SIGNAL 7~/BEDFRD 210-165-655-5802 001-164-601-52~4 001-164-602-5610 210-165-675-580/* 210-2035 SEPT PROF SVC-OT UNDERGRD STDY 280-199-999-5248 002577 ENGINEERING RESOURCES CREDIT: TASK NOT CONPLETED 280-199-999-52/.8 00016~ ESG[L CORPORAT!ON AUG PLAN CHECK SERVICES 001-162-999-5248 001056 EXCEL LABDSCAPE SEP LDSC NAINT PARKS 190-180-999-5/.15 001056 EXCEL LANDSCAPE SEPT LDSC HA!NT - SLOPES 193-180-~9~-5&15 002~95 J A S PACIF!C CONSULT!N SEPT TE#P HELP LEONARD/TRAXEL 001-162-999-5118 0026,~ LITELINES, !NC LIGHTING INSTALL AT DUCK POND 210-190-1&3-580~ 002~ LITELINES, INC LIGHT]NG !NSTALL AT DUCK POND 210-1~-1/.3-580~ 000843 #CDANIEL ENG!NEER!NG CO SEPT PROF SVC-BR!DGE W!DEN!NG 210-165-601-580~ 000230 NUN! F!NANC!AL SERVICES CITYWIDE ASSESS SERVS:OCT-DEC 1~0-180-999-5370 001585 PAUL GARDNER CORPORATZO RETENTION: SEPT PRGSS INVOICE 210-2035 001585 PAUL GARDNER CORPORATIO SEPT PRGSS:TRAFFIC SIGNALS 210-165-640-580/* 000~06 RIVERSIDE CO. SHERIFF'S AUGUST 97 BOOKING FEES 001-170-999-5273 000357 RIVERSIDE CO. TRANSPORT JOINT AGRHNT [15/79S 1~-05 210-165-667-580~ 000~20 TRANS-PAC!F!C CONSULTAN AUG SERVS:OVRLD/14AGRITA WIDEN 000/,20 210-165-681-5802 TRANS-PACIFIC CONSULTAN OVRCHRGED:REPROOUCT]OR CHARG~S 210-165-681-5802 TOTAL CHECKS ITEN M4OUNT 40,862.00 4,086.20- 6,024.45 8,143.99 11,329.91 68,590.75 6,859.08- 17,553.25 5,062.50- 18,111./.9 8,961.00 8,813.00 7,761.90 7,900.00 /*60.00 5,090.00 5,010.80 5,597.22- 55,972.20 11,371.20 1,200,000.00 91.05- PAGE 1 CHECK N4OUNT 6,02/*./*5 8,143.99 11,329.91 61,731.67 12,490,75 18,111./.9 17,774.00 7,761.90 8,360.00 5,090.00 5,010.80 50,374.98 11,371.20 1,200,000.00 33,882.30 1,694,233.24 ITEM 4 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /~4.,Jossph Kicek, Director of Public Works/City Engineer October 28, 1997 Release Erosion Control - Landscape Improvement Bonds in Tracts No. 24131 through 24135 (Southeasterly of intersection of Mergerits Road at Paube Road) PREPARED BY: ~ Ronald J. Parks, Principal Engineer - ~ Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of Erosion Control - Landscape Improvement Faithful Performance Bonds in Tracts No. 24131 through 24135, m~l DIRECT the City Clerk to so notify the Developer end Surety. BACKGROUND: The Riverside County Bu'dding Director entered into Agreements for Ermr~on Control and landscape Improvements in Tracts No. 24131 through 24136 on Mer=h 12, 1990, with: Bedford Development Company (Mesa Homes) Erosion Control - Landscape Improvements Faithful Performance Bonds for these projects were posted by Lumbermen~ Mutual Casualty Company as follows: Bond No. 3S 741 383 00 in the amount of t53,500 in Tract 24131. Bond No. 3S 741 385 00 in the amount of $19,000 in Tract 24132. Bond No. 3S 741 386 00 in the ~nount of $84,000 in Tract 24133. Bond No. 3S 741 387 00 in the amount of $47,500 in Tract 24134. Bond No. 3S 741 388 00 in the amount of $45,000 in Tract 24135. Bond No. 3S 741 389 00 in the amount of $18,500 in Tract 24136. Riverside County Department of Building and Safety transferred the inspection responsibilities to the City of Ternecula without notification to the City of Temocula, and later transmitted the several Erosion Control - Landscape Improvement bonds for these projects to the City at the request of the developer in order to complete the processing of release of the subject bonds. R:~t~!:~iFI'~A 1028~TI24131S .LSC The developer has requested reis~ of these bonde which cove~ed work for the ~mmofi ~rm to be maintained by the Palon~ Del Sol Homeowners A~oc~tion {HOA) upon alN~rovml of these improvements. The attached letter confirms that the HOA ha~ accepted the common area landscaping for Tracts 24131-24135 inclusive, has annexed the property in the name of the association, ~nd has maintained the landscaping for some time. As the work was satisfactory to the benefitting party (HOA), and the City of Temecula was not a party to the agreements nor involved in the inspection or approval of these facilities, Staff recommends release of the bonds for which the HOA has accepted maintenance responsibility, as follows: Bond No. 3S 741 383 00 in the smount of $53,500 in Tract 24131. Bond No. 3S 741 385 00 in the amount of $19,000 in Tract 24132. Bond No. 3S 741 386 00 in the amount of $84,000 in Tract 24133. Bond No 3S 741 387 00 in the amount of $47,500 in Tract 24134. Bond No. 3S 741 388 00 in the ~rnount of $45,000 in Tract 24135. The remaining Tract 24136 has not completed the contractual Work at this time. FISCAL IMPACT: None Location Map Erosion Control - Landscape Improvement Bonds (on File) T.T. 24134 31.1 D.U, T.T. 24132 214 D,U. T.T. 24133 693 o.u. T.T. 24135 325 DoU. VICINITY MAP , 324 OJJ. ,, T.T. 24131 440 D.U. Release of Erosion Contro!-Landscane Improvements Bonds NOTE: MAPS NOT TO SCALF~ ITEM 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager (~,Joseph IOcek, Director of Public Works/City Engineer October 28, 1997 Acceptance of Public Streets ~ the City Maintained-Street System (Within Trects No. 23267-2 and 23267-3) (Southweetsdy of intersection of Highwsy 79 (S) at Margarita Road) PREPARED BY:~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt s resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBUC STREETS INTO THE CITY MAINTAINED,STREET SYSTEM (WITHIN TRACTS NO. 23267.2 AND 23267-3) BACKGROUND: The City Council approved Tract Map No. 23267-2 on February 25, 1992, and Tract Map No. 23267-3 on May 26, 1992, and entered into Subdiv'mion Agreements for r, on~tructi~m of street and drainage, and water and sewer system improvements, and subdivision mo~umentstion with the Presley Companies. On October 28, 1997, the City Council accepted the public improvements for these tracts. The public streets now being accepted by this action are: Tract 23267-2: V'm Quivera, V'~e San Carlos, Corte Camellia, Corte Bravo, Corte Alegra, Corte Christina, Via Lucia, and portions of V'm Del Coronado, Via Cordoba, and Vie Saltio. Tract 23267-3: Corte Sierra, Corte Casa, Corte Antigua, Corte S4¥r'ma, Corte Valle, FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Resolution No. 97- with Exhibits "A-B", inclusive. R.:~AO~ 10~rR232673 ,MST lm~LtrnON NO. 97- A ~~ON OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CI/RTAIN PUBIAC STIt~.~TS INTO THE CITY MAINTAINED~aTB~Y SYSTEM (WITraN TRACTS NO. 23267-2 AND 23267-3) THE C1TY COUNCIL OF THE CITY OF TI~MBCIRA DOES RF~OLV~ DI~TI/RIdINB AND ORDER AS FOLLOWS: WIIEREAS, The City Council of the City of T~ accepted an off~ of dedication Corporation, with the recordation of Tract Maps No. 23267-2 and 23267-3; and, WH!/~EAS, The City of Temea~ ~ the improvements wilh~m Tracts No 23267-2 and 23267-3 on October 28, 1997. NOW, TH~RI~ORE, BE IT RESOLVED, that the City Council of the City of Temecula Imray accepts into the City Main~ $ys~m those sUee~ or pofiiom of sU~e~ offered to and accepted by the City of Temecuh ~ in Exhibit~ "A' and "B' att~clu~ hereto. ~ H. Birdsall, Mayor Iune S. Greek, City Clerk " B.:~.Oi}B.FI'~A 1028~R232673 ,MST [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ClTY OF TI~mCUI,A ) I, 1une S. Greek, City Clerk of the City of Temecuh, Calif~ do hereby certify ~ Resolution No. 97- .. was duly and regularly adopmi by the City Courtall of the City of Temecula at a regular meetinE thereof held on the 28th day of October, 1997, by the following vote: AYF_.S: 0 NO~,S: 0 ABSENT: 0 ABSTAIN: 0 CO~C~ERS: CO~ClLMMMBF_~S: CO~CILMEMBERS: EXHIBIT #A" TO RF~OLUTION NO. 97- of Temecula as Jndk:ated on Tract Maps No. 23267-2 and 23267- Street System as described below: A. Those lots described as Lots ~A~ through #jN inclusive, as shown on Tract Map No. 23267-2, filed 28 February 1992, in Book 237 of Maps, Pgs 63-69 Incl., further described as follows: Lot Lot "C" Lot "D" Lot "E" Lot'G" Lot Lot'I" Portion of Via Del Coronado Portion of Via Cordoba Via Quivers Via San Carlos Corte Christina Corte Alesrs Corte Bravo Portion of Via Saltio Corte Lucia B. Those lots described as Lots 'A' thr~ 'I' hriudve, as shown on Tract Map No. 23267-3, filed 11 August 1992, in Portion of Loma Linda Road Corte Sierra Corte Casa Corte Antisus Corte Sevrlns Corte Vane Corte Rosa Portion or via Dd Coronado Portion of Via Cordoh EXHIBIT "B" TO RESOLUTION NO. 97- SUBJECT ACCTA~ANCE -PUBLIC STREET INTO Ti~ CITY MAINT~ET SYSTEM AS INDICATED BgLOW: NOTE.- MAPS NOT TO ~__A!.~. 111171Ii1I EXHIBIT "B" TO RESOLUTION NO. 97- ~ ACCEFFANCE -PUBLIC ~ INTO THE CITY MAINTAi~ED*b~i~,E~ SYSTEM AS INDICATED B~LOW: NOTE: MAPS NOT TO SCALE TO BB A4~BFq'BD INTO c~rY MAINTA~BD-~"I'RBBT SYSTBbl ITEM 6 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager ~,vJoseph Kicak, Director of Public Works/City Engineer October 28, 1997 SUBJECT: Accept Subdivision Improvements in Tract No. 23267-3 (Southwesterly of intersection of Highw!y 79 (S) et Margarita Road) PREPARED BY~ Ronald J. Parks, Principal Engineer - Land Deveiopmem AJbert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 23267-3, AUTHORIZE' 'mttieti~m of the one-year warranty period, reduction of the Faithful Performance Street and Dr~nage, ~td Water and Sewer System security amounts, and release of the Subdivision ~tion security, and DIRECT the City Clark to so advise the Developer and Surety. BACKGROUND: On February 25, 1992, the City Council approved Tract Map No. 23267-3, and entered into subdivision agreements with: The Presiey Companies, · California Corporation for the improvement of streets and drainage, installation of sewer end water systems, and subdivision monumentation. Accompanying the subdivlaion agreements were surety bonds posted by The American Insurance Company as follows: Faithful Performance Bond No. 111 2716 3530 in the amount of $2,322,778 ($1,608,778, $370,500, and $343,500, respectively) for Street and Drainage, Water, and Sewer improvements, end Bond NO. 111 4145 9286 in the amount of $320,881.20 for Storm Drain Improvements. Labor and Materials Bond No. 111 2716 3530 in the amount of $1,161,389 ($804,389, $185,250, and $171,750, respectively) for Street am:l Drainage, Water, and Sewer improvements, and Bond No. 111 4145 9286 in the amount of $160,~.~0.60 for Storm Drain Improvements. 3. Bond No. 111 2716 3538 in the amount of $58,740 for subdivision monumentation. Public Works Staff h~ inspected m~d verified the public improvements. The F.~stam Municip~ and Rancho California Water Districts and the Riverside County Flood Control ~ Wat~ Conservation District have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance ~ amounts to the ten percent (10%) warranty level, and initiation of the one-year w~rmnty period. Therefore it is appropriate to reduce the Faithful Performance Bond ~mounta # follows: Streets and Drainage, and Water and Sewer improvements Storm Drain Improvements ~2,090,500 288,793 The Faithful Performance Warranty will be retained in the m~tount of: Streets and Drainage, Water and (Bond No.111 2716 3530) Storm Drain Improvements (Bond No. 111 4145 9286) Sewer Improvements: $232,278 $ 32,088 The subdivision monumentetlon requirements have been met and Staff therefore recommends release of the following amount: Bond No 111 2716 3548 in the amount of $58,740 for subdiv'mion monumentation. The affected streets ere being accepted into the City Maintained-Street System by City Council Resolution 97- at this time. The streets within the subdivision ere ~rm Quivers, V'm Sefi Cados, Corte Christina, Corte Alegre, Corte Bravo, Corte Camellia, Corta Lucia and portions of Via Del Coronado, Via Cordoba, and Via Saltio. FISCAL IMPACT: None Location Map ? T~ z NOTE: MAPS NOT TO SCALE ITEM 7 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~,Joseph Kicak, Director of Public Works/ .City Engineer October 28, 1997 Aempt Subdiv'~sion Improvements in Tract No. 23267-2 (Somhwestedy of intersection of Highway 79 (S) at Mergerits Road) PREPARED BY: ~ Ronald J. Parks, Principal Engineer - Land Development ;~ AJbert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the public improvements in Tract No 23267-2, AUTHORIZE initiatiort of the one-year werra~ty period, reduction of the Faithful Perforrp~nee Street amJ Drairmge, m~d Water and Sewer System security amounts, end release of the Subdiv'mion security, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On February 25, 1992, the City Council approved Tract Map No. 23267-2, and entered into subdivision agreements with: The Presiey Companies, a California Corporation for the improvement of streets m~l drainage, installation of sewer and water sy~err~, subdivision monumentation. Accompanying the subdiv'mion agreements were ~urety bonds posted by The American Insurance Company (AIC) and American Motorists Ins.. Co'a. (AMIC) follows: Faithful Performance Bond No. 111 2716 9933 (AIC) in the amount of $2,943,500 ($2,175,000, $456,000, and $312,500, respectively) for Street and Drainage, Water, and Sewer improvements and Bond No. 3SM 771 551 (AMIC) in the amount of $648,424 for storm drain improvements 0 Labor and Materials Bond No. 111 2716 9933 (AIC) in the amount of $1,471,750 ($1,087,500, $228,000, and $106,250, respectively) for Street and Drainage, Water, and Sewer improvements and Bond 3SM 771 551 (AMIC) in the amount of t324,212 for storm drain improvements. Bond No. 111 2716 9941 (AIC) in the amount of $55,500 for subdivision monumentation. On March 23, 1993, the City Council accepted substitute bonds for Storm Drain .~nprovement~ as Presley Companies converted any bonds that they submitted from American Motori~s Insurance Co. to American Insurance Co. The new Faithful Performance and Labor and Metm~l bonds were as follows: Storm Drain Improvements/Faithful Perfo~ Bond #111 1925 7175 Storm Drain Improvements/ Labor & Materials Bond # 111 1925 7175 t648,424 t324,212 Public Works Staff has inspected and verified the public improvementa. The Eastern ~ and Rancho California Water Districts and the Riverside County Flood Control and Water Conservation District have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance Bond amounts to the ten percent (10%) warranty level, and initiation of the one-year warranty period. Therefore it is appropriate to reduce the Faithful Performance Bond amount u follows: Streeta and Dreirmge, and Water and Sewer improvements Storm Drain Improvements t2,649,150 583,582 The Faithful Performance Warranty will be retained in the amount of: Streets and Drainage, W,tar end Sewer Improvements (The American Insurance Co. Bond No. 111 2716 9933) Storm Drain Improvementa (The American insurance Co. Bond No. 111 1925 7175) $294,350 64,842 The subdivision monurnentation requirements have been met and St~ff therefore release of the following amount: Bond No 111 2716 9941 in the amount of t55,500 for subdivision mom~mentetion. The affected streets are being accepted into the City Maintained,Street System by City Council Resolution 97- at this time. The streets within the subdivision are Via Quivers, Via San Cados, Corte Christina, Corte Aiegra, Cotta Bravo. Corta Camellia, Corte Lucia and port'runs of Via Del Coronado, V'm Cordoba, and Via Seltio. FISCAL IMPACT: None Location Map VIA / 53 ITEM 8 TO: FROM: CITY OF TEMECULA J AGENDA REPORT City (~Jncii/City Idanager ~4Josep~ Kicak, Director of Public Works/City Engineer DATE: SUBJECT: Octob Rsiea. in Tra Road PREPARED BY: ~ Ronah Alben RECOMMENDATION: City Council AUTHORIZE Materials securities for Stre DIRECT the City Clerk to m3 BACKGROUND: On January 8, 19g 1, the Ci' and Surety Bonds were sub Mesa He for the improvement of st~ monumentetlon. Accomp; Lumbermens Mutual Casual Bond No. 3S 740 6~ respectively) to cove Bond No. 3S 740 6; er 28, 1997 e Faithful Performance Warranty and labor and Materlala securities =t No. 21673.F. (Northeasterly of intersection of Ranoho Vista it Margarita Road) I J. Parks, Principal Engineer - Land Development K. Crisp, Permit Engineer he release of the Faithful Performance Warranty and Labor and ets, Water, and Sewer Improvements in Tract No. 21673-F, and advise the Developer and Surety. :y Council approved Tract NO. 21673-F. Subdivision Agreements reitted by: ,mas (Now KI/FKLA RANCHO REALTY, L.L.C.) 'eats, installation of sewer and water systeme, and sub~v'~ nying the subdivision agreements were surety bonda issued by ty Company as follows: ) 00 in the amount of $86,500 ($60,500, ~12,500, and ~13,500, street, water, and sewer improvements. 00 in the amount of $43,250 ($30,250, ~6,250, and $6,750, respectively) to covlr Jtreet, water, and sewer material and IM)or. County of Riverside. l~R.e. ceipt No. A189504 (Acct. 589 44 300 3211) in the amount of $2,100 to cover subdivision monumentetion. On June 25, 1996, the City Council accepted the public improvements, initiated the erie-year warranty period, and authorized the reduction in Faithful Performance Street, Water, and Sewer Improvement securities to the ten-percent (10%) warranty level as follows: Street, Water, & Sewer Improvements: $8,650 The developer submitted substitute securities in the appropriate amounts, with the Aetna Casualty and Surety Co as surety, as follows: Bond No. 100869980-96-058 in the amount of $8,650 for faithful performance warranty. Bond No. 100869980-96-059 in the amount of $43,250 for labor and materials. The developer was required to post Labor and Materials securities to ensure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six-month period following City Council acceptance of the improvements. No clain~ having been filed against the developer for either labor or materials, Staff recommends release of the following labor and materials security: Street, Water, and Sewer Improvements (Aetna Casualty and Surety Co. Bond No. 100869980-96-059) $43,250 The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-93. The streets within the subdivision accepted were Certs Alemar, and a portion of Rancho Vista Road. FISCAL IMPACT: None ATTACHMENTS: Location Map · :~d3DRFI'~A 1(~8¥1'R216~F.l~q To *To Project Site ~ACr ~_o ~7~ MAP : ~IOTE: MAPS NOT TO SC~.L~. ITEM 9 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~Jose~ Kicak, Director of Public Works/City Engineer Oreoher 28, 1997 Release Faithful Performance Warranty and Labor and Material~ Bend~ in Tract No. 24133-2. (Easterly of the intersection of Santiago Road at Margarita Road) PREPARED BY: _~y.R~..naid J. Parks, Principal Engineer-Land Developmertt ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of the Faithful Performance Warranty and Labor mM Material Bonds for the public street, drainage, water, and sewer irp4:wovements in Traet No 24133-2, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On March 27, 1991, the City Council approved Tract Map No. 24133-2, and entered into subdivision agreements with: Bedford Development Company, a California Corporation for the improvement of streets and drainage, installation of sower and water ~ystema, and subdivision monumentation. Accompanying the subdivielon agreements were Instruments of Credit posted by Butterfield Financial Corporation in the following amounts: I $1,296,500 ($899,000, $134,500, and $263,000, respectively) to cover faithful performance for streets, drainage, water and sewer improvements. 2. $648,000 ($449,500, $67,000, and $131,500, respectively) to cover labor and materials for streets, drainage, water and sewer improvements. 3. $30,000 to cover subdivision monumentstion. i:~,m~A~ 1028~TI241232~q~L On August 13, 1996, the City Council accepted the public improvements, 'initiated the oae-yeer warranty period, and authorized reduction in the Faithful Performance security amounts to the ten-percent (10%) warranty level. Streets, drainage, water, and sewer improvements 129,650 The developer subrrJtted substitute bonds in the appropriate amounts, with The Aetna Casualty and Surety Company as surety. as follows: Bond No. 10869980-96-012 in the amount of $129,650 for faithful performance warranty. Bond No. 10869980-96-013 in the amount of $648,000 for labor and materials. Public Works Staff has reviewed the project in the field and all necessary repairs/replacements have been satisfactorily completed. Staff therefore recommenda the release of the Faithful Performance Warranty security. The developer was required to post Labor and Materials securities to ensure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six-month period following City Council acceptance of the improvements. No claims having been filed against the developer for with labor or materials, Staff recommends release of the following labor and materials security: Street, drainage, water, and sewer improvements (Aetna Casualty and Surety Co. Bond No. 10869980-96-013) The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-102. The streets within the aubdivision accepted were Via Denzo, Via Cato, Corte Priego, Via Barraze, Corte Pollense/Calle Novelde, and a portion of Amarita Way. FISCAL IMPACT: None Location Map !:~IPI~7~ IO~2~TB241332.FNL VICINITY MAP 10 / o4 4 AC-n~S. NOTE: Marts not to scale ITEM 10 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ,~,Joseph IOcek, Director of Public Works/City Engineer October 28, 1997 Release Faithful Performance Warranty and Labor and Meter.ale securities in Tract No. 24133-3. (Northeasterly comer of Santiago Road at Margarita Road) PREPARED BY: ~/Ronaid J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE the release of the Faithful Performance Warranty and Labor end Materials securities for Street, Drainage, and Water and Sewer improvements, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On March 27, 1991, the City Council approved Tract Map No. 24133-3, and entered into subdivision agreements with: Bedford Development Company, a California Corporation for the improvement of streets and drainage, installation of sewer and water lyetame, and subdivision monumentetlon, Accompanying the subdivision agreements were Instruments of .Credit posted by Butterfield Financial Corporation in the following amounts: $1,296,500 ($899,000, $134,500, and $263,000, respectively) to cover faithful performance for streets, drainage, water and sewer improvements. $648,000 ($449,500, $67,000, and $131,500, respectively) to cover labor and materials for streets, drainage, water and sewer improvements. 3. $30,000 to cover subdivision monumantation. On May 14, 1996, City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction in the Faithful Performance Street, Drainage, and Water and Sewer Improvement security amounts to the ten-percent (10%) warranty level u follows: Streets, drainage, water, and sewer improvements 129,650 The developer submitted substitute bonds in the appropriate amounts, with the Aetna Casualty and Surety Company as surety, as follows: Bond No. 100869980-96-014 in the amount of ~129,650 for faithful performance warranty. Bond No. 100869980-96-015 in the amount of $648,000 for labor and materials. Public Works Staff has reviewed the project in the field and all necessary repairs/replacements have been satisfactorily completed. Staff therefore recommends release of the Faithful Performance Warranty security. The developer was required to post Labor and Materials securities to ensure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six-month period following City Council acceptance of the improvements. No clairns having been filed against the developer for either labor or materials, Staff recommends release of the following labor and materials security: Street, drainage, and water and sewer improvements. (Aetna Casualty and Surety Co. Bond No. 100869980-96-015) The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-102.The streets within the subdivision accepted were Via Ricci, Camino Casillas, Via Rami, Corte Landeros, and a portion of Amsrite Way and Corte Cabrare. FISCAL IMPACT: None Location Map TO C 0/~ONA d ACT NO. 24133-~ TO S&N OIKGO " VICINITY MAP RoAO ° ( 4/~& ~13.84 4CR~5 Tr NOTE: Maps not to scale ITEM 11 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~Joseph Kiosk, Director of Public Works/City Engineer October 28, 1997 Release Faithful Performance Warranty mtcl ~ m~l M,teriala ~ in Tract No. 24134-3. (Northeasterly of the inter~-'tion of Santiago Road at Margarita Road) PREPARED BY: ~ Ronald J. P~rks, Princil~l Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE the release of the F~ithful Performerroe Warrlnty m~l L~bor mid Materials securities for Street, Drainage, Water, end Sewer Improvement] in Tract No 24134- 3, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On March 27, 1991, the City Council approved Tract Map No. 24134-3, and entered into subdivision agreements with: Bedford Development Company, a California Corporation for the improvement of streets and drainage, installation of sewer m~d water ayetame, ~nd subdivision monumentetlon. Accompanying the ~ubdivision agreernante were Instrument] of Credit posted by Butterfield Rnanclal Corporation in the following .mounts: $1,026,500 ($812,000, $111,000, and $103,500, respectively) to cover faithful performance for streets, drainage, water ~ sewer improvement]. $513,500 ($406,000, $55,500, and t52,000, respectively) to cover labor ~ materials for street], drainage, water end sewer improvements. 3. $21,500 to cover aubdiv'mion monumentetlon. On August 13, 1996, the City Council accepted the public improvements, ~uthorized initiation of the one-year warranty period, and reduction in the Faithful Performance Street, Drainage, Water, and Sewer Improvement security amount to the tan-percent (10%) warranty level u follows: Streets, drainage, water and sewer improvements $102,650 The developer submitted substitute bonds in the appropriate amounts, with The Aetna Casualty and Surety Company as surety, as follows: Bond No. 100869980-96-018 in the amount of $102,650 for faithful performance warranty. Bond No. 100869980-96-019 in the amount of $513,500 for labor and materials. Public Works Staff ha ray'rowed the project in the field and all neceuary rapeirs/repiacement~ have been satisfactorily completed. Therefore Staff recommends the release of the Faithful Performance Warranty security. The developer was required to post Labor and Materials securities to ensure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six-month period following City Council acceptance of the improvements. No claims having been ~ed against the developer for either labor or materials, Staff recommends release of the following labor and materials security: Street, Drainage, Water, and Sewer Improvements (Aetna Casualty and Surety Co. Bond No. 100869980-96-019) $513,500 The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-101. The streets within the subdivision accepted were Corte Tolose, Corte Colands, Calla Espirito, and a portion of Calls Barcaido, Amsrite Way, m~l Santiago Road. FISCAL IMPACT: Location Map T~c7' No 2- VICINITY MAP NOTE: Maps not to scale /,5 ITEM 12 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicek, Director of Public Works/City Engineer October 28, 1997 Release Faithful Perfommnce W~rranty and labor and Matm~l~ securities in Tract No. 24134-F. (Northeasterly corner of Sm~tiego ~ st Margarita Road) PREPARED BY.~ Ronald J. Perks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE the release of the Faithful Performance Warranty and Labor and Materials securities for Street, Drainage, weter, and Sewer improvernent~ in Tr~=t No 24134-F, end DIRECT the City Clerk to so advise the Developer ~KI Surety. BACKGROUND: On May 15, 1991, the City Council approved Tract Map No. 24134-F, end entered into subdivision agreements with: Bedford Development Company, · California Corporstlon for the improvement of streets end dralr~ge, in~alietion of sewer end water ~ysten~, and subdivision monumentetion. Accompanying the subdivision sgreemem~ were inst .rumente of Credit posted by Butterfield Financial Corporation in the following an~4~nte: $773,000 ($515,000, $128,000, end $130,000, respectively) to cover faithful performance for streets, drainage, water end sewer improvements. e $386,500 ($257,500, $64,0(X), and $65,000, respectively) to cover labor end materials for streets, drainage, water and sewer improvements. 3. $24,000 to cover subdivision monumentetlon. On August 13, 1996, the City Council accepted the public 'm~lorovemems, initiated the one-year warranty period, and ~uthorized reduction in Faithful Performance street, Drainage, Water, and Sewer Improvement security amounts to the ten-percent (1096) warranty level as follows: Streets, drainage, water, and sewer improvements $ 77,300 The developer submitted securities in the appropriate amounts, with the Aetna Casualty and Surety Company as surety, as follows: Bond No. 100869980-96-016 in the amount of $77,300 for faithful performance warranty. Bond No. 100869980-96-017 in the amount of $386,500 for labor and materials. Public Works Staff has reviewed the project in the field and all necessary repairs/replacements have been satisfactorily completed. Staff therefore recommends the release of the Faithful Performance Warranty securities. The developer was required to post Labor and Materials securities to ensure payment to suppliers and workers. These securities are required to be maintained in effect for the contractual six-month period following City Council acceptance of the improvements. No claims having been filed against the developer for either labor or meterials, Staff recommends release of the following labor and materials security: Street, Drainage, Water, and Sewer Improvements (Aeta Casualty and Surety Co. Bond No. 100869980-97-017) The affected streets were accepted into the City Maintained-Street System by C,rty Council Resolution No. 96-101. The streets within the subdiv'~ion accepted were Corte Atmonte, Corte Mantilla, and portions of Ca!le Veronloa, Celle Barcaida, and Santiago Road. Margarita Road was a part of the County Maintained-Roed System prior to incorporation and became part of the City Maintained-Street System by succession on December 1, 1989. FISCAL IMPACT: None Location Map /,'( JECT VICINITY MAP % ! NOTE: Maps not to scale ITEM 13 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager 0?k~Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 SUBJECT: PREPARED BY: Release Faithful ~ Warranty and Labor m~l Matetial~ Bond~ in Tract No. 25004-1 (Northeasterly of the intersection of Nicolas Road at North General Kearny Road) '~(qdRonald J. Perks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE release of the Faithful Performance Warranty and i and Marl securities for the public street, drainage, water and sewer improvements in Trlct NO 25004-1, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On August 25, 1992, the City Council approved Tract Map No. 25004-1, and entered into subdivision agreements with: JLD Properties, a California General Partnership 22865 Lake Forest Drive El Toro, CA 92630 for the improvement of streets and drainage, installation of sewer and water sy~m~, and subdivision monumentetlon. Accompanying the subdiv'mion agreernent~ were marsty bond~ issued by Developers Insurance Company as follows: 1 Bond No. 229848S in the amount of $762,500($465,500, $155,500, and S141,500, respectively) to cover faithful performance for streets and drainage, water, and sewer improvements. 2. Bond No. 229848S in the amount of $382,000 ($233,000, $78,000, and $71,000, respectively) to cover labor and materials for streets and drainage, water, and sewer improvements. 3. Bond No. 229834S in the amount of $20,900 to cover subdivision monumentation. On October 11, 1994, the City Council authorized the maximum allowable partial reduction of fifty-percent (50%) of the faithful performance bond amount as requested by the developer, and confirmed by the sewer/water district and Public Works Staff. There was no change in the labor and materlala and subdivision monumentation secudtla~ at that time. The developer retained the following faithful performance bond amount to assure completion of the remaining work: Bond No.229848S-Street, drainage, water, and sewer improvements: $381,250 On August 26, 1996, tl'm City Council accepted the public improvements, initiated the one- year warranty period, and authorized reduction in the Faithful Performance security amount to the tan-percent (10%) warranty level as foliowe: Street, drainage, water, and sewer improvements: (Developers Insurance Co. Bond No. 229848S) t76,250 Public Works Staff has determined that all necessary repeirs/replacementa have been completed. Therefore Public Works Staff recommends that this Faithful Performance Warranty security be released. The developer was required to post Labor and Materials securities to assure peymant to suppliers and workers. These securities are required to be maintained in effect for the contractual aix-month lien period following City Council acceptance of the improvementa. No claims having been made against the developer for either labor or meteriaia, Staff recommends release of the following labor and meteriaia security: Street, drainage, water, and sewer Improvements (Developer's Insurance Co. Bond No. 229848S) The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-107. The streets within the subdivision accepted were Diego Drive, Andrews Way, and portions of Jons Place and Seraphina Road. FISCAL IMPACT: None Location Map VICINITY I~AP NO SC^LIE' /',lOT TO T . J ITEM 14 CITY OF TEMECULA AGENDA REPORT TO: PROM: DATE: City Council/City Manager /~Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 SUBJECT: PREPARED BY: Accept Substitute Faithful Performarme Warranty Securiti~, and rale~e Labor and Materials Securities in Tract No. 26861-3. (Southwesterly of intersection of Highway 79 S at Margarita Road)  /Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: The City Council ACCEPT substitute faithful performance warranty securities, AUTHORIZE release of Labor and Materials securities and the original Faithful Performance securities for private streets and drainage, and water and sewer systems in Tract No. 26861-3, and DIRECT the City Clerk to so notify the developer and surety. BACKGROUND: On January 12, 1993, the City Council approved Final Vesting Tract Map No. 26861-3 and entered into subdivision agreements with: The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of private streets and drainage, and water and sewer systems, and m~rvey monuments. The bonds on file were furnished by The American Insurance Company aa foliowa: Bond No. 111 3301 9460 in the amount of $70,500 for private streets/drainage for faithful performance. Bond No. 111 3301 9478 in the amount of $37,500 for private water syatam for faithful performance. Bond No. 111 3301 9486 in the amount of $28,000 for private sewer system for faithful performance. 4. Bond NO. 111 2720 0472 in the amount of $660 for subdiviaion monurnantation. St Bond No's 111 3301 9460, 111 3301 9478, and 111 3301 9486 in the amounts of $35,500, $19,000, and $14,000 for private streets/drainage, water, and sewer systems, respectively, for labor and materials. On March 25, 1997, the City Council acknowledged the completion of private street, drainage, and water and sewer system improvements, initiated the one-year warranty period, and authorized reduction in the faithful performance security amounts to the ten-percent (10%) warranty level as follows: Private streets/drainage Private water system Private sewer system Bond No. 111 3301 9460 Bond No. 111 3301 9478 Bond No. 111 3301 9486 $7,050 3,750 2,800 The developer has submitted Maintenance Bonds (Warranty Bonds) in substitution for the original bonds on file as follows: Streets & Drainage Improvements Water Improvements Sewer Improvements Bond No. 111 3301 9460-M Bond No. 111 3301 9478-M Bond No. 111 3301 9486-M S7,050 $3,750 $2,800 Staff therefore recommends that the original faithful Performance bonds be released. The developer i~ required to post securities for Lab~ and Materials to ensure that suppliers and laborers are paid. The contractual six-month lien period havino elapsed and no claims for either labor or materials having been mede, Staff recommen~ the release of the followi~o Labor and Materials securities: Bond No's 111 3301 9460, 111 3301 9478, and 111 3301 9486 in the amounts of $35,500, $19,000, and $14,000 for private streets/drainage, water and sewer systems, respectively, for labor and materials. The affected streets ere private streets and were not accepted into the City Maintained-Street System. The private streets within this condominium subdivision ere portions of 'Arbor Lane' and 'Chelsea Way'. FISCAL IMPACT: None Vicinity Map Substitute Warranty Bonds (Maintenance Bonds) (on File) R:~AODRP~Ofi102~TR~13.~1~ L,54 ITEM 15 TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~.(~Joseph Kicek, Director of Public Works/-City Engineer October 28, 1997 Accept Subed~ute Faithful Performance Warranty securities,' and release Labor and Materials securities in Tra~t No. 26861-F (Southwe~tarly of intersection of Margarita Road at Highway 79 S) ~ Roneld J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: The City Council ACCEPT substitute Faithful Performance Warranty securities, AUTHORIZE release of Labor and Materials securities and the original Faithful Per, ore, nee se~uritie. f~r private street, water and sewer system improvements in Tract No 26861-F, and DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On September 28, 1993, the City Council approved Final Vesting Tract Map No. 26861-F, and entered into subdivision agreements with: for the Bonds 1. 0 9 The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 improvement of private street and sewer and water systems, and survey monuments. assuring this work were posted by The American Insurance Company es follows: Bond No. 111 3301 9494 in the amount of $65,500 for the improvement of private streets and drainage. Bond No. 111 3301 9502 in the amount of $28,000 for the improvement of private water system. Bond No. 111 3301 9510 in the amount of $18,000 for the irnproveme~t of private sewer system. Bond No's 111 3301 9494, 111 3301, 9502, and 111 3301 9510 in the amounts of $33,000, $14,000, and $9,000, respectively, for labor and material~ for private streets and drainage, and water and sewer systems. R:&,A43DiIIPT~7~I O~I'R~I~IF.14J2 5. Bond No. 111 2720 0480 in the amount of $1,056 for m~bdiviaion monumentati¢m. On April 8, 1997, the City Council acknowledged the completion of private streets, drainage, and water and sewer system improvements, initiated the one-year w~rr~nty period, Ired authorized reduction in the faithful performance security amounts to the tan-fiercent (10%) warranty level as follows: Private streets/Drainage Private water system Private sewer aystem Bond No. 111 3301 9494 Bond No. 111 3301 9502 Bond No. 111 3301 -9510 $6,550 2,800 Total = $11,150 The developer his submitted Maintenance Bonds (Warranty Bonds) in substi~.tion for the original bonds on file as follows: Private Streets/Dreinnge Private Water System Private Sewer System Bond No. 111 3301 9494-M Bond No. 111 3301 9502-1Vl Bond No. 111 3301 9510-M ~6,5.50 t2,800 $1,800 Staff therefore recommends that the original Faithful Performance securities be released. The developer is required to post securities for Labor and IVl~teriaia to ensure that suppliers or materials having been mede, Staff recommends the release of the followbig Labor Materials securities: Bonds No's 111 3301 9494, 111 3301 9502, and 111 3301 9510 in the ~mounte of $33,000, $14,000, and $9,000, respectively, for labor and materials for private streets, drainage, and water and sewer systems. The affected streets are private streets and were not accepted into the City Maint 'amed-Streat System. The private streets within this condominium subdivision ere 'Heather Way' portions of 'Clover Lane' and 'Arbor Lane'. FISCAL IMPACT: None Location Map Substitute Warranty Bonds (Maintenance Bonds) (on file) VtCt H n"y ~ NOTE: MAPS NOT TO SCALE ITEM 16 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT i C,TY ATTORNEY FINANCE DIRECTO~ II CITY MANAGER ~ U City Council/City Manager ~oseph Kicak, Director of Public Works/City Engineer October 28, 1997 Acceptance of Easements by The City Of Temecula From Electrend, Inc. And Margarita Canyon LLC For Provision Of Access To Eastern Municipal Water District's Sewer Facilities And Slope Easement Respectively, In Connection With the Realignment of Streets Near the Intersection of Front Street and Highway 79 South For the 1-15/Highway 79 South Interchange Improvements- Project No. PW96-05 PREPARED BY: /~Ronald J. Parks, Principal Engineer - Land Development John Pourkazemi, Associate Engineer ' RECOMMENDATION: 1. That the City Council adopt the following Resolutions: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN ACCESS EASEMENT FROM ELECTREND, INC. FOR PROVISION OF ACCESS TO EASTERN MUNICIPAL WATER DISTRICT'S SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE EASEMENT ACCEPTANCE IN CONNECTION THEREWITH RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A SLOPE EASEMENT FROM MARGARITA CANYON LLC FOR CREATING SLOPES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE EASEMENT ACCEPTANCE IN CONNECTION THEREWITH Authorize and direct the City Clerk to record the documents approved by the Resolutions as listed above. BACKGROUND: Pursuant to the Agenda Report presented to the City Council on October 7, 1997, regarding "Conveyance of Real Property and Easement to Eastern Municipal Water District, Acceptance of Right of Entry From Margarita Canyon LLC and Grant of License to Electrend, Inc. In r:\agdrpt\97&1028~easemnt2.wbc/ajp Connection With the Realignment of Streets Near the Intersection of Front Street and Highway 79 South For the 1-15/Highway 79 South Interchange Improvements", it was stated that there is a need for an access easement over Electrend, Inc.'s property (which is the Texaco station on Front Street) for maintenance of the sewer lift station and a slope easement over Margarita Canyon LLC's property for the road improvements. These two resolutions are for the City's acceptance of the above described easements for the 1-15/Highway 79 South Interchange Project. FISCAL IMPACT: None Attachments: Resolutions 97-_, 97- Grant of Easement to the City of Temecula from Electrend, Inc. Easement Deed to the City of Temecula from Margarita Canyon LLC r.\agdrpt~97~1028~®a~emnt2.wb~/ajp RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF TITP~ CITY OF TEM CULA ACCEPTING AN ACCESS EASEMIr~NT FROM ELECTREND, INC. FOR PROVISION OF ACCESS TO EASTERN MUNICIPAL WATER DISTRICT'S SEWER FACILITIES AND AUTHORIZING THE EXECUTION AND RECORDATION OF THE EASEMENT ACCEPTANCE IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the design of the improvements for the 1-15/I-lighway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the relocation of the Eastern Municipal Water District's sewer lift station which is currently located on what will become a portion of the street improvements. C. The Interchange improvements also call for the realignment of streets near the property owned by Electrend, Inc. D. Electrend, Inc. hereby grants an access easement over its property to the City of Temecula for EMWD maintenance of the sewer lift station. This would negate provision of a separate access from Western Bypass Corridor. E. Acceptance of the easement from Electrend, Inc., promotes the health, safety and welfare of the community as it makes productive use of City land and accommodates necessary sewer maintenance. Section 2. The City Council of the City of Temecula hereby approves that certain "Grant of Easement from Electrend, Inc. to the City of Temecula for provision of access" attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Easement on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the implementation of the easement described in Section 2. Section 4. The City Clerk is hereby authorized and directed to record the Grant Of Easement upon acceptance by the City of Temecula. r:\agdrpt\97H 028~ealemnt2.wbc/ijp PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on the 28th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of October, 1997, by the following vote: AYES: 0 NOES 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: r:.\agdq=t\97~lO28~e,..emnt2.wbc/ajp RF~OLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TE2VIECULA ACCEIYrlNG A SLOPE EASEMENT FROM MARGARITA CANYON LLC FOR CREATING SLOPES AND AUTHOl~IZ~IG THE EXECUTION AND RECORDATION OF THE EASEMENT ACCEPTANCE IN CONNECTION THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVF~, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Public Works Department has coordinated the design of the improvements for the 1-15/Highway 79 South Interchange Project and determined the right of way necessary to construct these improvements. B. The Interchange improvements call for the realignment of streets near the property owned by Margarita Canyon LLC. C. As part of the construction of the sUee~ improvements it is necessary for the City to obtain a slope easement from the property designated in the attached agreement. D. Acceptance of the slope easement promotes the health, safety and welfare of the community. Section 2. The City Council of the City of Temecula hereby approves that certain "Slope Easement" to the City of Temecula from Margarita Canyon !.1C attached hereto as Exhibit A., and authorizes and directs the Mayor to execute said Easement on behalf of the City in substantially the form of Exhibit A. Section 3. The City Council hereby authorizes the City Manager to execute such other and further documents as may be necessary to effectuate the implementation of the easement described in Section 2. PASSED, APPROVED AND ADOPTI~ by the City Council of the City of Temecula on the 28th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE, City Clerk [SEAL] r:.\agdrpt~9~ 1028~ea~emnt 2. wbc/~jp STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of October, 1997, by the foliowin§ vote: 0 COUNCILMEMBERS: NOES 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: rAagdrpt\97H 028~ea.emnt2.wb¢/~jp ATTACHMF. NT 2 r:~agd~pt\87\1028~..emn~2.wbc/.Jp Recording requested by and when recorded return to: No recording fee required pursuant to Government Code Section 6103 APN 922-110-029 GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Comoration, dbe E.¢.I. Electrend. Inc. a California (hereinafter referred to as "GRANTOR") does hereby grant to CITY OF TEMECULA, a municipal corporation, its successors and assigns (hereinafter referred to as "GRANTEE") a perpetual non-exclusive easement and dght of way for public and public utility construction, operation, and maintenance purposes, including, but not limited to, sewage transmission and storm drains, in, on, over, under, upon, along, through and across the property hereinafter described, together with reasonable dght of access for equipment and vehicle right of way, in, on, over, upon, along, through and above said easement. Said easement shall be in, under, over, and across that certain property situated in the County of Riverside, State of California, described as follows: (SEE EXHIBITS "A" AND "B" A'I-I'ACHED HERETO AND MADE A PART HEREOF) The foregoing easement shall include: (a) The temporary use of such adjacent land of Grantor as is necessary to install the facilities provided for under the term of the easement granted herein; and (b) The right to enter upon and pass and repass over and along said strip or strips of land, and to deposit tools, implements and other materials thereon by Grantee, its officers, agents and employees, and by persons under contract to construct said pipeline or pipelines, and their employees, whenever and wherever necessary for the purpose of exercising the dghts herein granted. Grantor retains the right to the use of the land described herein except as to any use in derogation of the easement contained herein, and specifically agraes that no trees shall be planted thereon and no buildings or other structures of any kind, except landscape planters and stripped parking, will be placed, constructed, or maintained over the real property described herein. Any work by Grantor, or any one working through or under Grantor, affecting the surface or ~ubsurface of the ground subject to this easement shall be performed only after giving written notice by certified mail, postage paid, addressed to Grantee at Grantee's office setting forth the proposed changes in detail. Such notice is to be given to the Grantee at least thirty (30) business days prior to commencement of such work and is subject to approval by Grantee. Notwithstanding the foregoing, the surface of the ground with respect to the distance from the ground surface to the top of any pipes, as of the date of this easement, shall not be changed by any party other than Grantee, if it results in: (a) "Cuffing" or removing the soil which leaves less than forty-eight (48) inches of soil over the top of the pipe; and (b) "Hauling" in of soil or "filling" which will leave more than twelve (12) feet of soil over the top of any pipe. It is understood that the permanent easements and the rights of way above described shall be acquired subject to the rights of the Grantor, Grantofs successors, heirs and assigns, to use the surface of the real property within the boundaries of such easements and dghts of way. It is understood that any use of the surface rights by Grantor, and Grantor's successors, heirs and assigns, shall be deemed a continuing permissive use allowed by Grantee, its successors, heirs and assigns, and each successor-in-interest of the Grantor, by acceptance of a conveyance of said property or interest therain admits and agrees that any such use is a continuing permissive use. It is understood that each and every dght and privilege hereby granted is free and alienable. Notwithstanding the foregoing, it is understood and agreed that this Grant of Easement shall not be construed as a Grant of Fee Title. Grantee, its successors and assigns, shall restore, or cause to be restored, the surface or subsurface of the real property hereinabove described to the condition said property was in as of the time of performance of any enlargement, construction, reconstruction, removal and replacement, operation, inspection, maintenance, repair, improvement and ralocation, and such restoration shall be performed with due diligence and dispatch. IN WITNESS WHEREOF, this instrument has been executed the ~..'~ dayof S~)'~ , / ~'~. Date: GRANTOR(S): ELECTREND, INC., a California Corporation, dba E.C.I. By: ~ /~ Y' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of DATE before me, NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared ,]-,~UiSC. ly,/ , NAMEIS) OF SIGNERISI [] personally known to me - OR - [~proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. TUR T'ARY --~ OPTIONAL' ' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] ~ND~VIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT l'rn.E{s) [] PARTNER(S) [] LIMITED [] GENERAL [] AT['ORNEY-IN-FACT [] TRUSTEE(S) ~ GUARDIAN/CONSERVATOR, [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT11~(IES) SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION · 8236 Reinmet Ave., P.O. Box 7184 · Canoga ParK. CA 91309-7184 W.O.: 97-230 APN: 922-110-029 GRANTOR: ELECTREND, INC. EXHIBIT ~'A" FRONT STREET SEWAGE LIFT STATION RELOC2%TION LEGAL DESCRIPTION FOR SEW1~R AND ACCESS EASEMENT BEING A PORTION OF LOT 10 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS FILED IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, AND ALSO BEING A PORTION OF LOT 1 OF CERTIFICATE OF COMPLIANCE NO. PA93-0177 RECORDED FEBRUARY 24, 1994 AS INSTRUMENT NO. 077303 IN THE OFFICE OF THE COUNTY RECOIlDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CO~%NER OF SAID LOT 10; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 10 SOUTH 74°17'38" WEST, 71.90 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1 OF SAID CERTIFICATE OF COMPLIANCE NO. PA93-0177; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1 NORTH 15°42'22" WEST, 30.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 45°41'34" EAST, 82.58 FEET TO THE EASTERLY LINE OF SAID LOT 10; THENCE ALONG SAID EASTERLY LINE SOUTH 15°42'22" EAST, 69.53 FEET TO THE POINT OF BEGINNING. CONTAINING 3608 SQUi~RE FEET OR 0.083 ACRES, MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO $:q~LECEMWD.DOC 9/10~97 44' .~Og?20 I I ATTACHMENT 3 r:\agdq)t\97\1028~easemnt2.wbc/~jp Recorded at request of and return to: The City of Temecula, ,4 Municipal Corporation City Manager 43200 Business Park Drive Temecula, California 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARGARITA CANYON, LLC, a California limited liability GRANT(S) to the CITY OF TElvlECULA, a political subdivision, an easement for slope purposes, including the construction and maintenance over, upon, across, and within the real property in the City of Temecula, State of California, described as: SEE ATTACHED EXHIBIT "A" FOR COMPLETE DESCRIPTION This easement shah terminate as to those portions of the subject property which are developed by Grantor to the extent the slope easement is no longer needed. The City shah record such additional documents as may be reasonably required to confirm the termination or partial termination of this easement. STATE OF CALIFORNIA I COUNT. Y OF Iss. On q--tO- ~7 before me, MARGARITA CANYON, LLC personally known to me (or proved to me on the basis of satidactory evidence) to be the person(s) whose name(s) is/are subscribed to the within ins~nanent and acknowledged to me that he/she/they executed the same in his/her/they executed the same in his/herPtheir authorized ¢apacity(ies), and that by his/her/their authorized capacity(ies), and that by hi.~er/their signature on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h{~ and official seal~ / / D_ f " ,- /, . _ MAIL TA~ STATEMENTS TO: Comm. # 1092218 NOTARY PUBLIC. CALIFORNIA Rivetlide COunty -- My Comm. Ex,i,,, Uar, 2~ 2000.~ EXHIBIT ~A# LEGAL DESCRIPTION PARCEL 1 SLOPE EASEMENT SHEET 1 OF 2 BEING A ~ORTION OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CA.LIFORNIA, AS FILED IN BOOK'15, PAGE 726 OF M3~PS, IN THE OFFICE OF THE COUNTY RECORDER OF SA/~ DIEGO COUNTY, MORE PARTICULA/~LY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE /%LONG THE EASTERLY LINDE OF SAID LOT 11 NORTH 15°42'22" WEST, 135.21 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL ~A" OF INSTRUMENT NO. 50647 RECORDED FEBRUARY 14, 1997 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, SAID CORNER ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 85°14'16" WEST, 131.00 FEET; THENCE NORTH l°18'16" WEST, 132.58 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 74°17'38" EAST, 23.75 FEET TO THE NORTHWEST CORNER OF PARCEL ~C# OF SA/D INSTRUMENT NO. 50647; THENCE ALONG THE WESTERLY LINES OF SAID PARCELS "C" AND ~A" OF INSTRUMENT NO. 50647, ALONG A RADIAL LINE, SOUTH 1~18'16" EAST, 122.86'~EET TO A POINT ON A 756.00 FOOT RADIUS NON-TANGENT CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING THE SOUTHWESTERLY CORRER OF SAID PARCEL "A" OF INSTRUMENT NO. 50647; THENCE E~TERLY /%LONG SAID CURVE AND THE SOUTHERLY LINE OF SAID PARCEL "A" THROUGH A CENTRAL ANGLE OF 8~11'43" AN ARC DISTANCE OF 108.13 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,007.33 SQUAP, E FEET OR 0.092 ACRES, MORE OR LESS.. THE ABOVE DESCRIBED PARCEL IS SUBJECT TO COVENILNTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. SEE EXHIBIT ~B" ATTACHED HERETO J:XY, RCT_$LP.DOC 8/24/97 E~IBIT LEGAL DESCRIPTION PARCEL 2 SLOPE EASEMENT SHEET 2 OF 2 'BEING A PORTION OF LOT "A" OF LOT LINE ADJUSTMENT NO. 3057 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS DESCRIBED IN INSTRUMENT NO. 90541, RECORDED MARCH 19, 1991 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 11 IN BLOCK 32 OF THE TOWN OF TEMECULA,-AS FILED IN BOOK 15 AT PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SA/~ DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT 11 NORTH 15°42'22# WEST, 128.78 FEET (NORTH 15°39'27" WEST, 128.78 FEET, RECORD PER LOT LINE ADJUSTMENT NO. 3057) TO AN ANGLE POINT IN SAID LOT A; THENCE LF~AVING SAID EASTERLY LINE AND ALONG ..THE NORTHWESTERLY LINE OF SAID LOT "A" NORTH 59°36'06" EAST (NORTH 59°39'01# EAST, RECORD PER LOT LINE ADJUSTMENT NO. 3057), 9.68 FEET TO A POINT ON A 756.00 FOOT RADIUS NON- TANGENT CURVE, CONCAVE SOUTHERLY, SAID POINT ALSO BEING THE MOST SOUTHWESTERLY CORNER OF PARCEL "C# AS DESCRIBED IN INSTRUMENT NO. 50649 RECORDED FEBRUARY 14, 1997 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE, A RADIAL LINE TO SAID POINT BEARS NORTH 7°39'42" EAST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHF2%STERLY ALONG SAID CURVE AND THE SOUTHWESTERLY LINE OF SAID PARCEL "C" THROUGH A CENTRA. L'A/~GLE OF 12°24'52" AN ARC DISTANCE OF 163.80 FEET TO THE NORTHEASTERLY LINE OF SAID LOT ~A"; THENCE ALONG SAID NORTHEASTERLY LINE OF LOT ~A" SOUTH 32°40'16" F2%ST, 90.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 54°28'14" WEST~ 43.09 FEET; THENCE NORTH 20°13'51" WEST, 33.42 FEET; THENCE NORTH 69°58'14" WEST, 171.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,781.64 SQUAI{E FEET OR 0.064 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PARCEL IS SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS-OF-WAY AND EASEMENTS, IF ANY OF RECORD. SEE EXHIBIT ~B" ATTACHED HERETO $:~<RCT..S LP.DO~ 8/24/97 GRAPHIC SCALE 1 ix',,.eh - 60 ft SO,~T ~ 4. 007,33 .092 2.781.64 .064 ~ t0 TO < N 7~'~ PCL. 1 120 * PARCEL IIc * PAR{ :~L * PARCELS" 5 = 60' ~.9 <N 74'17'38' E> TOP/iV OF' 7'~ '" 23. 75' ~.~ '"' --' <L = 108.1J'> ',1 ~ £R = Z56.00'] EL = 163.80'] ~ INST. NO. 50647 REC'D 2/14/9 7 (~ (N 59'39'01' E) [ ] DENOTES RECORD & IDEAS. < > DATA PER INST. NO. 5064? ~EC'D 2/~/97 DENOTES RECORD ~ MEAS. DATA PER INST. NO. 50647 REC'D 2/14/9 7 , 1,'W 20'13 %3.4.2' DENO~S RECORD DATA PER LOT LINE A~USTMENT NO. 3057, INST. NO. 9054 I. REC'D Trans-Pacific Consultants 27447 Enterprise Circle West, Temeculo, CA., 92590 THIS PLAT IS SOLELY AN AIO IN LOCATING THE PARCEL(S) 0ESCRIRED IN THE ATTACHED DOCUMENT. IT tS NOT PART OF' THE WRITTEN DESCRIPTION THEREIN. SCALE: 1"= 60' DRAWN 8Y TB DATE8/22/97 CIVIL ENGINEERS LAND SURVEYORS, PLANNERS J w.o.# SHEET 1 OF 1 1412-35-0; EASEMENT EXHIBIT k'P("T q113 nwc ITEM 17 CITY ATTORNEY FINANCE DIRECTOR~ Ii CITY MANAGER I CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager I~ Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 SUBJECT: "All-Way Stop' - Nicolas Road at North General Kearny Road PREPARED BY: l~Ali Moghadam, Associate Engineer - Traffic/CIP RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN 'ALL-WAY STOP" INTERSECTION AT NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD BACKGROUND: The City received numerous requests from the area residents to install a traffic signal or an "All- Way Stop" on Nicolas Road at North General Kearny Road to assist the pedestrians who cross Nicolas Road at this location. Nicolas Road is a 86 foot wide four-lane arterial roadway with a posted speed limit of 50 MPH. North General Kearny Road is a 44 foot wide residential collector roadway with a posted speed limit of 25 MPH. The intersection of Nicolas Road and North General Kearny Road is currently controlled with "Stop" signs on North General Kearny Road only. The sight distance is quite adequate at this intersection. Currently, the students who live in the residential area south of Nicolas Road are bused to Nicolas Valley Elementary School. However, the residents on the south side of Nicolas Road have to cross this relatively wide and high speed roadway to enjoy the parks on the north side. Staff conducted a signal warrant analysis and an "All-Way Stop" warrant analysis, using Caltrans Traffic Manual guidelines, to determine if this intersection met the warrant requirements for either a traffic signal or an "All-Way Stop" control. The analysis indicated that minimum warrants for installation of a traffic signal were not met; however, minimum traffic volume warrant for installation of an "All-Way Stop" control was met. A number of residents were present at the September 25, 1997 Public/Traffic Safety Commission meeting and spoke in favor of the proposed 'All-Way Stop" installation. A representative from the Temecula Valley Unified School District also supported the proposed 'Stop" sign installation and indicated that an adult crossing guard would be provided to assist the students who must cross Nicolas Road to attend the Nicolas Valley Elementary School. After receiving input from the area residents and staff, and careful evaluation of the existing conditions, the Public/Traffic Safety Commission recommended that the City Council adopt a resolution establishing an 'All-Way Stop" at the intersection of Nicolas Road and North General Kearny Road. FISCAL IMPACT: Funds are available in the Public Works Department Signs Account No. 001-164-601-5244 and Striping/Stenciling Account No. 001-164-601-5410. 1. Resolution No. 97- 2. Exhibit "A" - September 25, 1997 Public/Traffic Safety Commission Agenda Report and Warrant Analysis RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN "ALL.WAY STOP" INTF_~.SECTION AT NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. The City Council has considered the facts justifying the need for the stop signs proposed for the location described in this resolution. The Council hereby finds and determines that installation of the stop signs pursuant to this resolution will enhance the public health safety and general welfare at this location and the proposed stop signs will not create any adverse conditions in the area. Section 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following "STOP" locations are hereby established in the City of Temecula. Nicolas Road at North General Kearny Road Section 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk r:~h~t\g~1028~l~i~n.mod&jp [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TF3iF~ULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of October, 1997 by the following roll call vote: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: June S. Greek, City Clerk r:Xa~drpt\97~1028tetapei~n.m~d/aj p AGENDA REPORT TO: Public/Traffic Safety Commission FROM: All Moghadam, Associate Engineer DATE: September 25, 1997 SUBJECT: Item 4 Request for Installation of a Traffic Signal - Nicolas Road at North General Kearny Road RECOMMENDATION: That lhe Public/Traffic Safety Commission deny the request for in~llafion of a traffic signal at the intersection of Nicolas Road and North General Kearny Road. BACKGROUND: The City received a request to install a traffic signal at the intersection of Nicolas Road and North General Kearny Road to assist the pedestrians who cross Nicolas Road at North General Kearny Road. Nicolas Road is a 86 foot wide four-lane arterial roadway with a posted speed limit of 50 MPH. North General Kearny Road is a 44 foot wide residential collector with a posted speed limit of 25 MPH. The intersection of Nicolas Road and North General Kearny Road is currently controlled with "Stop" signs on North General Kearny Road. Nicolas Road at North General Kearny Road is a flat and straight roadway with an unobstructed sight distance. A request for installation of an "All-Way Stop" or a traffic signal was reviewed by the Public/Traffic Safety Commission at the December 7, 1995 meeting. However, since the required traffic signal and "Stop" sign warrants were not met at the time, the Commission denied the request for installation of a traffic signal or an "All-Way Stop" at this intersection. Staff conducted a comprehensive traffic signal warram analysis to determine if this intersection met the warrant requirements for installation of a traffic signal. The California Department of Transportation (Caltrans) has established 11 warrants for installation of traffic signals (Exhibit "B"). Meeting any one of these warrants could be justification for installation of a traffic signal. However, the intersection of Nicolas Road and North General Kearny Road did not satisfy any of the 11 warrants. The Caltrans Traffic Manual warrants are identical to the warrants published by the Manual of Uniform Traffic Control Devices (MUTDC) which is a nationally recognized traffic engineering publication. The City of Temecula has adopted these manuals and currently utilizing their guidelines in evaluation and installation of various traffic control devices, including traffic signals and "Slop" signs. Adhering to these guidelines insures uniformity throughout the United States, eliminates confusion and increases public safety. Since the intersection of Nicolas Road and North General Kearny Road did not satisfy any of the required warrants for installation of a traffic signal, staff conducted a warrant analysis for installation of an "All-Way Stop" at this location. r: \tmffic~commissn\agenda~97\O925~aicolaa,sil/ajp Caltrans Traffic Manual has established four (4) criteria for evaluation of "All-Way Stop" signs. These criteria are as follows: Where traffic signals are warrained and urgently needed, the multi-way stop may be an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installations. An accident problem, as indicated by five (5) or more reported accidenls within a twelve (12) month period of a type susceptible to correction by a multi-way stop installation. Such accidents include right and left-turn collisions as well as right-angle collisions. 3. Minimum Traffic Volumes a. The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any eight (8) hours of an average day, and The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same eight (8) hours, with an average delay to minor street vehicular traffic of at least 30 ~econds per vehicle during the maximum hour, but c. When the 85-percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. 4. School area traffic control recommendations/warrants. Staff has evaluated this location and found the results listed below: 1. A traffic signal warrant analysis was conducted for thi~ intersection and signal installation is not warranted. 2. There has been no reported accident at this intersection within the last twelve (12) months (Exhibit 3. a. The total vehicular volume entering this intersection during the busiest eight (8) hours averages 650 as compared to 350 (500 X 70%) needed to meet this portion of the warrant (Exhibit "C"). The combination of vehicular and pedestrian volumes from the minor street averages 148 during the same eight (8) hours as above. This compares to the 140 (200 X 70%) threshold. However, the average delay to minor sweet is not at least 30 seconds per vehicle during the maximum hour as required by the Traffic Manual. 4. All children aUending Nicolas Valley Elementary School that live south of Nicolas Road are currently bussed to school and do not contribute to pedestrian crossings. Staff recognizes that pedestrians on the south side of Nicolas Road have to cross this roadway to access the parks on the north side. However, the pedestrian counts during the peak and non-peak traffic hours indicate that a few pedes~ians cross Nicolas Road at North General Kearny Road and therefore, a traffic signal at this location cannot be justified. r: \ttaffi¢\¢om. miaen\a{enda\97\0925 ~ai¢olaa. li~/ajp FISCAL IMPACT: None 1. Exhibit "A" - Location Map 2. Exhibit "B" - Traffic Signal Warram Analysis and Traffic Collision Diagram 3. Exhibit "C" - "All-Way Stop" Warrant Analysis and Volume Data 4. Exhibit "D" - Caltran~ Sign Installation Policy r: \trai~c\~ommis~n\igenda\97~0925 ~nlco~aJ.lil~/nip CALLE MEDUSA EXHIBIT "B" TRAFFIC SIGNAL WARRANT ANAI.YSIS TRAFFIC COLLISION DIAGRAM 9-6 1-1991 TRAFFIC SIGNALS AND UGHTING ill I ' I1" Figure 9-1 TRAFFIC SIGNAL WARRANTS ~ CALC OIST CO RTE PM CHK Maior St: Traffic Manual Cntical Approacf~ Speed ~K m~ah Critical A1313roacn Speed Crdlcal sDeeO Of major street tralfic > 40 rnon .............. built UD area of ~solated community of < lo,0ca oop. - - RURAL (R) URBAN (U) WARRANT 1 - Minimum Vehicular volume MINIMUM REQUIREMENTS (80% SHOWN IN BRACKETS) 100'/, SATISFIED YES [] NO ~ 80% SATISFIED YES [] NO ~ s~eet I (40ol I ,,, iF.io~ Hour * NOTE: Heavier lett turn movement from Malor Street included when LT-phasing is pmposecl ~ WARRANT 2 - Interruplion of Continuous Traffic 100% SATISFIED YES ~ NO .~ M??MUMREOU,REMENTS t 80'/,SATISFIED YES [] "O ,{~ (80'4, SHOWN IN BRACKETS) 1 I ~ I" jl'''J l a I AA P P P P P , ~ ,, * NOTE: Heavier left turn move~nl from MalOr Sireel ~ncluded when LT-pnas~ng ~s ~ra0osed~ WARRANT 3 - Minimum Peaestrian Volume 100% SATISFIED YES [] NO ~ REQUIREMENT FULFILLED PeDestrian volume crossing the malor stree~ ,s too or more lor each o! any four hours or is 190 or more durmg any one Yes ~ No i~r hour: ariel There are less man 60 gaps Der hour m me malor sireel trat- ~ hc stream of adequate ~englh lot oedeslnans to cross; and Yes C~ No The nearest traffic $~gnal along Ihe malor street is greater Ihan 300/eel; and Yes ]~ I'lo ~ lratl~c flow on the malor sireel The satisfaction of a warrant ~s not necessarily iusti/icatlon for a signal. Delay, congestion. contusion or other evidence of the need for right-of-way a$$mgnment musl be sftown. Traffic Manual II IIII TRAFFIC SIGNALS AND UGHTING I I I Figure 9-2 TRAFFIC SIGNAL WARRANTS 9-7 WARRANTS 4 - School Crossings NOI A0plicable .................................. See School Crossings Warrant Shee! WARRANT 5 - Progressive Movement SATISFIED YES I'1 NO ~ MINIMUM REQUIREMENTS i DISTANCE TO NEAREST SIGNAL J ' i FULFILLED ~'1000F'[. i N /~/3/V[:tt, S /I/O/V~ft.E ~J/)~'~t,W__~2~tt. I YES~I~.NOD ON ONE WAY ISOLATED STREETS OR STREETS WITH ONE WAY TRAFFIC SIGNIFICANCE AND ADJACENT SIGNALS ARE SO FAR APART THAT NECESSARY PLATOONING AND SPEED CONTROL WOULD BE LOST ON 2-WAY STREETS WHERE ADJACENT SIGNALS DO NOT PROVIDE NECES~ARY PLATOONING AND SPEED CONTROL PROPOSED SIGNALS COULD CONSITUTE A PROGRESSIVE SIGNAL SYSTEM WARRANT 6 - Accident Experience SATISFIED YES r-I NO O REQUIREMENTS ONE WARRANT SATIFIED WARRANT t "~'= .=UL;iLLED WARRANT 1 - MINIMUM VEHICULAR VOLUME j WARRANT 2-INTERRUPTION OF CONTINUOUS TRAFFIC ! YES D NO SIGNAL WILL NOT SERIOUSLY DISRUPT PROGRESSIVE TRAFFIC FLOW ~ ADEQUATE TRIAL OF LESS RESTRICTIVE REMEDIES HAS FAILED TO REDUCE ACCIDENT FREQUENCY C3 ACC. WITHIN A 12 MONTH PERIOlD SUSCEPTIBLE OF CORR. & INVOLVING INJURY OR $500 DAMAGE WARRANT 7 - Systems Warrant SATISFIED YES O NO,~ MINIMUM VOLUME I ENTERING VOLUMES · ALL APPROACHES t f REQUIREMENTS , j ,~ FULFILLED i WEE DA PEAK .ou. 800 VEH/HR ~ ..........................................................................................~...~ 0n OURI~ EACH OF ANY 5 HRS OF A ~T AN~R SUN, VEHtHR CHARA~ERISTtCS OF M~OR ROUTES J M~OR ST.I MINOR S~ sYSTEM SE ,.G AS P.,NCmPLE .ETWOR,< THROUG. TRA .IC RURAL OR SUBURBAN HWY OUTSIDE OF, EHTERING, OR TRAVERSING APPEARS AS M~OR ROUTE ON AN OFFICAL P~N ANY M~OR ROUTE CHARA~ERI~IC ME~ B~H I YES Q NO ~[: YES [] NO J:~ The satislaction of a warrant is not necessarily justification for a signal. Delay, congestion, confusion or other evidence of the nee(l for right-of.way assignment must be 1-191 TRAFFIC SIGNALS AND UGHTING I I IIII I II IIII Figure 9-3 TRAFFIC SIGNAL WARRANTS Traffic Manual WARRANT 8 - ComBination o! Wan, ants SATIS--E ) V;S [] .O REQUIREMENT WARRANT ,,~ FULFILLED TWO WARRANTS 1. MINIMUM VEHICULAR VOLUME SATISFIED '~ 80% 2. INTERRUPTION OF CONTINUOUS TRAFFIC YES r'~ NO WARRANT 9 - Four Hour Volume SATISFIED* YES [] NO [] Approach Lanes .O..ne more '7'"~ /~'?Hour [ Born Approaches MaK)r Street ' Hignest~pproac~es - MinorStreel I,,'"' Refer to Figure 9-6 (URBAN AREAS) or Figure 9-7 (RURAL AREAS) to determine if this warrant is satisfied. WARRANT 10 - Peak Hour Delay (ALL PARTS MUST BE SATISFIED) SATISFIED YES [] NO ~ The total delay exDeriencecl for traffic on one minor street aDproach controlled by a STOP sign equals or exceects four vei~icle-hours lot a one-lane apDroach and five vehicle-hours lot a two-lane a13Droach; AN._~..~. YES [] NO [] The volume on the same minor street a!~Droacn equals or exceeds 100 vph for one mowng lane of traffic or 150 vpt~ for two moving lanes; ANI~ YES J~ NO [] The total entenng volume serviced during the hour equals or exceeds 800 vph for intersections with four or more a¢l:)roaches or 650 vph for intersections with three a~groaches. YES [] NO [~ WARRANT 1 1 - Peak Hour Volume SATISFIED YES [] NO j~ Approach Lanes One more I-.lignes, APproaches . ..Minor Sireat / J ~ + Refer to Figure 9-8 fURBAN AREAS) or Figure 9-9 (RURAL AREAS) to determine il this warrant is satisfied The satisfaction of a warrant is not necessarily justification for a signal. Delay, congestion, confusion or other evidence of tt~e need for right-of-way assignment must be shown. TRAFFIC SIGNALS AND UGHTING Figure 9-5 SCHOOL PROTECTION WARRANTS Traffic Manual III II I Maior CO RTE CALC PM CHK M,nor Critical speea of malor street traltic > 40 mpn In 13u~il up area ol isolalea commumly o! < I 0,000 pop. DATE DATE Critical Apgroacl~ Speed Critical App. roacll Speecl or RURAL (R) URBAN (U) mpn ~ mpn FLASHING YELLOW SCHOOL SIGNALS (ALL PARTS MUST BE SATISFIED) SATISFIED YES [] NO [~ ~ART A I .......... Each or ~ Crossm~ ~r~e~ 2 hours AND PART B Cmical Approact3 Speed Exceeds 35 mph AND PART C iS nearest controlled crossrang more than 600 feet away? SATISFIED YES [] NO ~ SATISFIED YES [] NO [] SCHOOL AREA TRAFFIC SIGNALS {ALL PARTS MUST BE SATISFIED) PART A '/entcte Volume ~3Ch OI 2 hours ~cnool Age Peclesman 2 hours Crosmng Slree[ lJ or per 0ay AND PART B ;$ nearesl COnlrolled crossing more than 600 feet away? SATISFIED SATISFIED SATISFIED YES [] NO [] F'l No Traffic Manual TRAFFIC SIGNALS AND UGHTING II Figure 9-6 FOUR HOUR VOLUME WARRANT (Urban Areas) 9-11. 500 400 3OO 20O 100 0 300 ~ -~ oR MORE LA.ES I '~ '~ ~ ~ 2 OR MORE LANES (MAJOR) & 1 LANE (MINOR) ~ ~~OR 1 ~NE(MAJOR) & 2 MORE LANES (MINOR) . ._~ ~__~_ . 1 ~ ~ ~~1 ~NE (MIN~., 400 500 600 700 800 900 1000 1100 1200 1300 1400 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH NOTE: 115 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND ~O VPN APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. 9-12 TRAFFIC SIGNALS AND UGHTING Figure 9-7 FOUR HOUR VOLUME WARRANT (Rural Areas) Traffic Manual 400 · ~- 300 '~ 200 0 · ,r ~00 .----2 OR MORE LANES (MAJOR) 2 OR MORE LANES (MINOR) ~ '~ _... ~ 2 OR MORE LANES (MAJOR) & I LANE (MINOR) ,.~ ' OR 1 LANE (MAJOR) & 2 OR MORE LANES (MINOR)... - 1 LANE (MAJOR) & I LANE (MINOI~ 200 300 400 500 600 700 800 900 1000 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH NOTE: 80 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 60 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. Traffic Manual TRAFFIC SIGNALS AND UGHTING I Figure 9-8 PEAK HOUR VOLUME WARRANT (Urban Areas) 9-13. 600 500 400 300 20O 100 I /,~-' 2 OR MORE LANES (MAJOR) & 2 OR MORE LANES (MINOR) ,., t I I ! , I I ,I : ~/// --2 OR MORE LANES (MAJOR) & I LANE (MINOR) OR I LANE 'MAJOR) & 2 OR MORE LANES (MINOR) ~ I 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 t800 MAJOR STREET-TOTAL OF BOTH APPROACHES-VPH NOTE: 150 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. 9-14 1-Igl TRAFFIC SIGNALS AND UGHTING Figure 9-9 PEAK HOUR VOLUME WARRANT (Rural Areas) Traffic Manual 50o 400 300 20o 100 .~----- 2 OR MORE LANES (MAJOR) & 2 OR MORE LANES (MINOR) ~.~ ~ 2 OR MORE LANES (MAJOR) & 1 LANE (MINOR) LANE (MAJOR)& 1 LANE (MINOR) - ' 300 400 500 600 700 800 900 1000 1100 1200.. 1300 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH * NOTE: 100 VPH APPt. IES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 75 VI~I APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. 16O 140 120 6O 4o 20 MINIMUM VEHICULAR VOLUME 50= 100A 150= 200% PERCENT WARRANTMET F:L~'u.~e 8 160 14O 120 1 O0 60 40 2O INTERRUPTION OF CONTINUOUS TRAFFIC 130 g7.5 32.5 50~. 100~. PERCENT 150.'. WARRANT 200~ MET 1 20 100 ~ 80 ~0 MINIMUM PEDESTRIAN VOLUME 40, 50~. 100~. 15t I~; .~00~; PERCENT WARRANT WE l"'tguze 10 1 O0 COMBINATION OF WARRANTS ~0 20 100~ 1 PERCENT WARRANT 200~ M~T SCHOOL AREA TRAFFIC SIGNALS 50 40 2o PERCENT 150~ 200~. WARRANT MET Z 250 .... 200 .... 150 1 O0 5O ACCIDENT EXPERIENCE 5 10 1,5 20 NUI~BER OF CORRECTABLE ACCIDENTS Z5 3O F~.~.u.Fe .t3 FOUR HOUR WARRANT PEAK HOUR W~,RRANT 1 00~, MET = 100~. MET = 35 POINTS 30 POINTS SYSTEMS WARRANT 100~. MET -- 15 POINTS COLLISION DIAGRAM LOCATION: N/£DL/5' ~O,4D A 7" A/. ~E4~:F._~L PERIOD: Right A~gle I 0 ProD~'ty Oomoge O~ly ~ Apl~oocl~ Turn ~ Vel~. Moving Al~ead ~ Head-On ~ veil. 80ck~ng Up ~ Head-On Sidesw~e P~ed ve~icle ~ In~ry AccOertl ' ~ ~otal Acci~t ~ 0v~t~g furn C~ST C~ttructi~ O~ Dri~ ~icoI Dereel ~ Out of Control OV Oelecli~ Veh~le ~ V~. Tu~neO Ove~ EXHIBIT "C" ALL-WAY "STOP" WARRANT ANAI,YSIS TRAFFIC VOLI IMES APPROACUING TRAFFIC VOLUMES FOR ~ INTERSECTION OF: Nicolas Road and North General Kearny Road II Hours Northbound Southbound Eastbound Westbound Total 7:00 A.M. * 61 131 205 305 702 8:00 A.M. * 80 160 221 189 650 9:00 A.M. 41 80 170 132 423 I0:00 A.M. 36 62 184 111 393 11:00 A.M. 33 70 220 107 430 12:00 Noon 25 85 279 108 497 1:00 P.M. 42 66 245 97 450 2:00 P.M. * 52 87 317 166 622 3:00 P.M. * 42 136 307 144 629 4:00 P.M. * 47 55 369 151 622 5:00 P.M. * 34 86 461 134 715 6:00 P.M. * 43 79 406 224 752 7:00 P.M. * 31 57 313 107 508 Average Average highest 8 hours 148 Highest 8 hours 65O from minor All approaches: streets: * Highest eight (8) hour count. Pedestrians Count: 16 total (coumed from 8 to 9 a.m. and from 2 to 3 p.m. and are included in the above counts) r.\baha~m cmoLstopw.fi'm EXHIBIT "D" CA!,TRANS SIGN INSTALLATION POLICY 4-26 SIGNS Traffk: Manuel POUCY StMKlaKI. 2d" NOT A 'THROUGH STREET (ROAD) SIGN The NOT A THROUGH STREET (ROAD) Mgn (WE3) may be UMKI near the entrance to · deed-end street or cul-de-Ilc. W53A (W14 · 2) NO OUTLET SIGN The NO OUTI.ET .~gn (WSSA) meybe pc)~ted ~tthe entrance to · street whloh lead· to · network of two or more ·treet~ from which there l~ no public outlet. W54 !XINGI $tanderd 24" x 8" PEDESTRIAN CROSSING SYMBOL SIGN The PedseMan Crosetng .ymbol ~ (W54) my be u.~l to were motorlat~ of ~/~x_Jl(~M~;Lent~e~_lnto. the. road---w.y by ped®~trlans at · ·l~e~lt~ location. The Mgn should be located edMoent to the cro~Mng. When the W54 i$ used, the WS4A may be placed i· advance warning when visibility I~ limited. W54A Standard 30" (Wll - 2) PEDESTRIAN SYMBOL SIGN The Pedeltrlan $ymbol lign M54A) mly be used in in advance of the PedelMen Creillng s'"ig~-~W54). The pedestrian crossing may be relatively confined, or may oc(:ur randomly over a I. bitintlel de·tint4 or roadway. At the~e Iocatlons~ & NEXT MILES plate (W71) ~hould be used below the W54A, a$ ·l)- propdate. These signs are not normally placed in urban Ireas where motoHm would expem pedlltrlafil crol~ it intern·talons. . .d 09/02 12:25 12:~ 12:(S 01:00 4 0~:00 02:15 ! O 7 4 03:40 ] 11 0¢:00 O(:!S 0 04:30 4 84:45 0S:IS IS:0O 07:10 07:30 44 08:00 O8:J0 08:45 2~ 22! 09:00 44 42 43 40 51 H:00 H:IS ll:4S ~7 220 Totals 2224 Oaf Totals 4S&l ~_Zi~ ! Sl.fi 74.31 __ ~ ' ~r 0?:45 05:IS 240 470 ,67 ,06 1~ Z ~ 27~ D ¢! ! fi 245 O 55 129 I 17 }17 0 02 7J 7 130 14 ~2 40 23 138 30 102 38 8~ ~4 83 B7 !05 $9 57 74 J1] ~0 ~2 84 315 182 27 22 20 10~ ~2 10 ~0 4! 40 41 22 2E ]1 25 gild 2 32 305 !H 107 ...... )c ......eeabtned 33 1! 25 25 34 31 32 30 44 34. 2] 30 28 ]3 24 27 21 S ? 13 II 2 0 l 2 S 2 4 ! 151 12 D4 31 80 107 ll~ 59 74 35 28 2~35 100 91 10S 38'2 10S 81 ~0 342 88 80 185 20 104 12& 144 ~I 124 520 !32 2~4 213 52O 120 ~3 S1O. lot 420 ?S 410 ~S 37E 58 302 45 217 20 )]5 17 12 8 06:45 02:L5 01:45 05:15 305 III $10 iO9 .72 .75 .75 .87 lite Code: Start Date: file I.O, : TlOrJlII11 k'OCJ)l~J- 1~:~6 606 ~q.u:q:3uS ~.J~q.t~g ~:T: [ T /.6- T x-cies IZ OSld -- ,';098 ~;Z6 606, mo,Jj -- we~£:R ,Z66L 'it ,J~jUa:~s AepsdnqLJ CITY OF T~ECULA {JEllSeAL lEAlilY DRI~/IIICOLAS ROAD 10 All TUESDAY/10 All WHDIIKSDA! B in o o /o2 o 12:15 0 12:30 0 12:45 1 01:00 0 0t:15 1 '01:30 0 01:45 0 1 02:00 0 02:15 0 02:30 0 02:45 0 03:00 1 03:15 0 03:30 0 03:45 3 4 04:00 2 04:15 3 04:30 0 04:45 8 13 05:00 2 05:15 4 05:30 2 05:45 2 0~'n0 5 J 17 06:30 9 06:45 13 44 02:00 17 07:15 21 07:30 12 07:45 ll 61 08:00 2I 08:15 15 08:30 26 08:45 14 76 09:00 9 09:15 15 09:30 12 09:45 5 41 10:00 13 10:15 13 10:30 5 10:45 5 36 11:00 12 11:15 8 11:30 11:45 8 33 Corals 320 )ay Totals 685 "{ 30.51 )eak Hour 08:00 76 .73 , },H, 4 0 10 0 3 2 8 25 1 17 1 10 i 9 1 6 42 1 10 3 !2 1 14 0 6 42 2 19 1 8 14 0 6 47 0 7 6 9 3 10 10 8 34 11 5 14 14 14 13 16 11 43 23 9 22 8 8 23 6 31 38 6 38 13 35 16 22 10 45 36 7 28 3 24 11 58 7 28 50 4 22 7 15 4 I7 0 15 26 0 8 2 17 1 7 19 3 15 0 15 2 23 I 6 17 365 727 SB{{D 3 4 6 2 30 112 131 160 B0 62 1449 COUNTS UNLIMI?~ 909.247.6716 {'rK{ING VOLMS ...... >, ......Combimed A.N. 29 15 23 18 18 11 18 19 13 2O 24 23 19 14 9 13 23 25 18 20 2O 15 24 2O 2O 13 10 13 11 4 ? 5 3 3 0 4 i 3 1 4 722 0 0 2 2 4 2 3 0 86 2 6 2 I 0 136 3 8 I0 55 19 43 16 18 18 86 25 77 27 46 32 79 51 156 55 56 34 57 47 192 39 84 37 64 236 31 30 29 18 31 121 31 21 8 24 98 27 23 28 t047 2134 P.M, 33 26 2~ 35 21 27 25 23 32 38 35 34 87 37 25 21 28 23. 28 39 31 31 Site Code: 157{2430 Start Date: -File I.D. : TBG~IIS Pa e : I 23 32 26 26 26 3O 2O 20 14 2O 11 11 ~2 7 3 7 0 6 2 6 1 6 1087 02:15 08:00 02:30 08:00 02:30 51 160 147 236 194 .67 .68 .46 .70 .55 110 108 128 183 89 129 110 102 65 33 15 ITEM 18 TO: FROM: DATE: SUBJECT: APPROV~F-~ CITY ATTORNEY DIRECTOR OF FIN~E'_.~.~__' C,T CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director October 28, 1997 Award Contracts for the Installation of the Electric Charging Stations in the City Maintenance Yard and the §th Street Parking Lot Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: That the City Council: Award a contract to Edison EV to install Electric Charging Stations in the City Maintenance Yard and the 6th Street Parking Lot in the amount of $27,663. Approve a contract with AQMD to obtain funding for a portion of the cost to install the Electric Charging Stations in the City Maintenance Yard and the 6th Street Parking Lot. 3. Appropriate $27,663 in the AB2766 Funds. BACKGROUND On June 25, 1996 the City Council adopted a Resolution to join the Quick Charge Program which would assist the City to provide cutting edge technology for the residents of Temecula and our visitors. In addition, by joining the Program the City qualifies for incentives towards the cost of installing electric charging stations. Initially, the cost of each charging station was estimated at $15,000 with the City and AQMD equally splitting the cost. Originally, three sites were proposed by staff which included the 6th Street Parking Lot, the City Maintenance Yard, and the proposed Park-N-Ride Facility on Route 79 South included in the Capital Improvement Program (CIP). Since the City has not yet acquired and designed this Park-N-Ride facility, funding from this Program could not be secured for this site. However, staff will pursue future incentives from similar programs to pay for a portion of the cost for charging stations at this site. The CIP allocated $250,000 for acquiring property and installation of a charging station on 79 South and La Paz. The project description from the CIP is included in Attachment 3. The funding source for this project was unspecified in the CIP. P:~IAASEHS~CHRGST1.CC 10/22/97 md DISCUSSION This request is the first step supporting the use of electric vehicles Citywide and the City can implement electric charging stations with substantially less money than originally planned in the CIP. Through the design and construction of the §th Street Parking Lot and the City maintenance facility, staff have insured installation of conduits for future electric stations with nominal cost. This planning effort has proved to save the City substantial amount of money for providing a service to the community. In addition, staff has secured $15,478 in incentives from AQMD. As a result, the total cost to the City to provide these charging stations is not expected to exceed $12,185 instead of the $250,000 allocated in the CIP. The cost estimates for the construction of these sites are part of Attachment 1. In order to construct the charging stations, the City Council needs to approve the two attached contracts. The first contract with the AQMD permits the City to tap into the incentives provided by the AQMD. These incentives will be paid to the City after the completion of the project. The second contract with Edison EV authorizes them to install the charging stations for the City. FISCAL IMPACT Cost of the Charging Stations {Edison Contract) 20% Contingency for the Constructions 5% City Administration $22,130 $ 4,426 $ 1.107 Total Cost $27,663 Incentives from AQMD $15,478 Net Cost to the City Including 20% Contingency and 5% City Administration $12,185 Attachments: 1. 2. 3. Edison EV Contract- Page 3 AQMD Contract - Page 4 CIP, Electric Charging Station - Page 5 P:~AASEHS~ECHRGSTI.CC 10/21/97 cod 2 ATTACHMENT 1 EDISON EV CONTRACT P:.INAASEHS~CH~GST1.CC 10/21/97 cod ~ PRIME CONTRACT THIS PRIME CONTRACT dated as of October 17, 1997 (Agreement)is entered into by and between EDISON EV and City of Temecula (OWNER) with respect to the electrical circuit, including the conductors, attachment plugs and all other fittings, devices, power outlets and/or apparatus for the electric vehicle charger(s) (if applicable), and related improvements (Projec0 to be constructed at Public Parking - 28464 Front Street Temecula, CA 92590. In consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, EDISON EV and OWNER agree as follows: 1. The Project. EDISON EV agrees to install, provide and construct the Project in accordance with the information set forth on the attached Proposal (Specifications) and all federal, state and local laws, ordinances, codes and regulations and orders of public authorities. OWNER acknowledges that EDISON EV intends to engage another or others (Subconl~actor(s))to complete the Project. EDISON EV and its Subcontractor(s)will provide all construction, labor, materials, equipment, tools, vehicles, transportation, utilities and other items and services required for the proper execution and completion of the Project, whether temporary or permanent and whether or not incorporated as part of the Project (Work). EDISON EV and its Subcontractor(s) shall construct and complete the Project and the Work in a good, workmanlike and substantial manner and in accordance with industry standards. EDISON EV shall supervise and direct the Work using EDISON EV'S best skill and attention, and EDISON EV shall be responsible for and have control over construction means, methods, techniques, sequences and procedures involved in the Work, and for coordinating all portions of the Work. EDISON EV shall enforce s~'ict discipline and good order among its employees, Subcontractor(s) and agents, including appropriate dress and courteous behavior towards owners, lessees, operators and the general public on or about the Project site(s). EDISON EV shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. EDISON EV and its Subcontractor(s) shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent injury or loss to, employees and other persons who may be at or about the Project site(s), the Project and the materials and equipment to be incorporatedtherein. 2. Completion Date. The Project shall be deemed completed on the earlier of (i) the date it is constructed and installed in accordance with the Specifications, industry standards and this Agreement and when the electric vehicle charger(s) installed thereon is(are) fully operational, and (ii) the date upon which OWNER executes a Notice of Acceptance agreeing that the Work has been completed and accepted by OWNER (Completion Date). EDISON EV agrees that the Completion Date shall be within 60 days of the date listed above. 3. Cost. OWNER will pay EDISON EV the sum of Eleven Thousand Nine Hundred Twenty Seven Dollars and Twenty Cents ($11,927.20) for the Work. Such payment, including payment for extra work commissioned pursuant to any Change Order(s), shall be due thirty (30) days after the Completion Date, unless alternative arrangements are made pursuant to a written agreement signed by both OWNER and EDISON EV. a. Extra Work and Additional Sites. The fLxed price set forth above is full compensation to EDISON EV for the Work in accordance with the Specifications. Additional compensation shall only be paid to EDISON EV pursuant to a written Change Order or contractual agreement signed by OWNER and EDISON EV, which Change Order shall recite that the described work is a deviation from the original scope of Work, is extra and in addition to the Work described by the Specifications,and shall designate the additional amount to be paid to EDISON EV for such extra work. EDISON EV shall provide OWNER with prompt written notice if it contends that any services, labor or materials required by OWNER to be furnishedby EDISON EV should be paid for as extra work. If such notice is not given, such services, labor and/or materials shall be deemed to be within the scope of the Specifications and no additional compensation shall be paid or payable to EDISON EV. Extra work shall be performed in accordance with the Change Order and this Agreement. In the event that OWNER desires to provide for the installation of additional electric vehicle charger(s) at the Site, or to designate additional sites for such installations, any such additions to the scope of the Project and the compensation to be paid to EDISON EV shall be reflected in a Change Order (if before the Completion Date) and/or a separate contractual arrangement executed by EDISON EV and OWNER. b. Concealed Conditions. This Prime Contract is based solely on the observations EDISON EV was able to make regarding the Project site as of this date. If additional concealed conditions are discovered once the Work has commenced, which were not visible at the time of EDISON EV's bid, EDISON EV and/or its Subcontractoffs)will stop Work and notify OWNER of such concealed conditions to OWNER so that OWNER and EDISON EV can execute an appropriate Change Order. 4. Permits. OWNER shall cooperate in connection with obtaining the governmental approvals and permits necessary for the installation of the Project, including the prompt execution of such documents as may be deemed necessary by governmental authorities. 5. Insurance. a. Commercial General Liability Insurance. EDISON EV shall maintain occurrence version commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. b. Business Automobile Liability Insurance. EDISON EV shall maintain business automobile liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned vehicles. c. Workers' Compensation Insurance. EDISON EV shall maintain workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,000 per occurrence. d. Other Requirements. EDISON EV shall place and maintain the insurance required herein only with insurers licensed to do business in California and having an A.M. Best rating of no less than A:VIII. Such insurance shall not be canceled, reduced or allowed to expire without the prior written approval of OWNER. 6. Matching Existing Finishes. Where the Work involves the matching of existing finishes or materials, EDISON EV and its Subeontractor(s)shall use best efforts to provide such a match. However, OWNERacknowledgesthat an exact match is not guaranteed by EDISON EV or its Subcontractor(s)due to such factors as discoloration due to aging, difference in dye lots, and the difficulty of exactly matching certain finishes, materials, colors and planes. 7. Indemnification. EDISON EV agrees to indemnify, defend and hold harmless OWNER from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (including attorneys' fees and costs), arising from EDISON EV's negligence or willful misconduct arising out of or in connection with the Project, the Work and the performance or non-performance by EDISON EV of any of its obligationshereunder. OWNER agrees to indemnify, defend and hold harmless EDISON EV from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (including attorneys' fees and costs), arising from OWNER's negligence or willful misconduct arising out of or in connection with the Project, the Work and the performance or non-performance by OWNER of any of its obligations hereunder. 8. Work Stoppage, Termination of Agreement for Default and Interest. EDISON EV shall have the right to stop all Work on the Project if payments are not made to EDISON EV in accordance with the terms of this Agreement, or such other written payment agreement as may be executed by EDISON EV and OWNER, or if OWNER repeatedly fails or refuses to furnish EDISON EV or its Subcontractor(s)with access to the Site or information necessary for the advancement of the Work. Simultaneous with any work stoppage, EDISON EV shall give OWNER written notice of the nature of OWNER's default and shall give OWNER a fourteen (14) day period in which to cure the default specified. 9. Warranty. No warranty is provided by EDISON EV on any materials furnished by OWNER for installation. No warranty is provided on any existing materials that are moved and/or reinstailed by EDISON EV or its Subcontractor(s) at the Site (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). 10. Miscellaneous. This Agreement (a) shall be consruled and enforced in accordance with Califomia law, (b) contains the final agreement between the parties relating to the subject matter hereof and (c) may only be amended, extended or modified in a writing executed by EDISON EV and OWNER. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any such waiver operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof of any other right, power or privilege hereunder. If any party commences an action against the other party arising out of or in connection with this Agreement, whether or not pursued to judgment, the prevailing party in such action shall be entitled to have and recover from the other party actual attorneys' fees and costs. The headings used in this Agreement are for purposes of reference only and shall not be used for limiting or interpreting the meaning of any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Prime Contract as of the date and year herein above EDISON EV State Contractor'sLicense #: 722391 By: Printed Name: Enid P. Joffe Title: Manager, Charging Inffas~cture Owner: By: City of Temecula - Public Parking Printed Name: Title: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, CA 95826. Quick Charge-96N00101 Quick Charge Applicant: Site Address: Location Description: City of Temecula (Site 7) 28464 Front Street, Tamecula Sixth Street Parking Lot Total $ t Equipment Subtotal 2 Bulk Material Subtotal 3 Install Labor Subtotal Engineering & Design Subtotal Permits Subtotal 6 Applicable Taxes 6,275.57 2,639.25 7 Plan Check required: 8 Expected Number of Work Days Required To Complete Work: 9 Key Technical Data: Y 4 Inductive Units 1FM Conductive Units 1 Additional Circuits 0 W/Stops 2 Meter Pedestal Y Signs 2 Stepdown Transformer Y A/G Conduit N Trenching Y 10 Bid Validity is through July 31, 1997 11 Questions regarding this Proposal should be referred to: Bruce Colbum {~ (213) 452-4631 Contractor: 32 Edieon EV Signature License #722391 Offer Date Contractors am required by law to be licensed and regulated by the Contractors' State license Board. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, 9835 Goathe Road, Sacramento, California. Mailing address: P.O. Box 26000, Sacramento, California 95826. PROJECT NO.: SITE COORDINATOR: Saied Naaseh Shah 96N00101 PHONE NO.: (909)664-6400 EEV-Form Qwik-EEVBF ADA COMPLIANT- REV. D .) Other Customer lnfohnation: ~umber ofinducti~. ichsrzen comtecry: wfih c~rctuts. wall ~oun~. Numbcr of'mlditiom! 208240 volt / ~ Amp circuits (conduit, wire & Number ofeddition~ volt /'[ Amp circuits (conduik wire & ! Floor Mmmt: I Mount: Intshtion Evalu;ion Type oflmtnlhtton;matetbl and . Step Down Tmnsf .on~n~ !t,~q'd ~'t ~ Down Trandonn~ ratln~ kW: '! (Himes are only): Stq) Down Voltqc: From: Wall Mount Bmck~ Zeq'di Charger Precast Bast Above Grade CoMa Existing Pnncl Work Siam Pole Req'd TransformcF ntunt~ .~V Quick Cktrp.Bid Form Req'd tcq'd n lin ;! .:. I , '_,I...I : ~ .I :l STREET MERCEDES PRIME CONTRACT THIS PRIME CONTRACT dated as of October 17, 1997 (Agreement) is entered into by and between EDISON EV and City of Temecula (OWNER) with respect to the electrical circuit, including the conductors, attachment plugs and all other fittings, devices, power outlets and/or apparatus for the electric vehicle charger(s) (if applicable), and related improvements (Project) to be consffuctedat Maintenance Yard - 43200 Business Park Drive Temecula, CA 92590. In considerationof the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, EDISON EV and OWNER agree as follows: 1. The Project. EDISON EV agrees to install, provide and construct the Project in accordance with the information set forth on the attached Proposal (Specifications)and all federal, state and local laws, ordinances, codes and regulations and orders of public authorities. OWNER acknowledges that EDISON EV intends to engage another or others (Subcontractor(s))to complete the Project. EDISON EV and its Subcontractor(s)will provide all construction, labor, materials, equipment, tools, vehicles, transportation, utilities and other items and services required for the proper execution and completion of the Project, whether temporary or permanent and whether or not incorporated as part of the Project (Work). EDISON EV and its Subcontractor(s) shall construct and complete the Project and the Work in a good, workmanlike and substantial manner and in accordance with industry standards. EDISON EV shall supervise and direct the Work using EDISON EV'S best skill and attention, and EDISON EV shall be responsible for and have control over construction means, methods, techniques, sequences and procedures involved in the Work, and for coordinating all portions of the Work. EDISON EV shall enforce strict discipline and good order among its employees, Subcontractor(s) and agents, including appropriate dress and courteous behavior towards owners, lessees, operators and the general public on or about the Project site(s). EDISON EV shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. EDISON EV and its Subcontractor(s) shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent injury or loss to, employees and other persons who may be at or about the Project site(s), the Project and the materials and equipment to be incorporatedtherein. 2. Completion Date. The Project shall be deemed completed on the earlier of (i) the date it is constructed and installed in accordance with the Specifications, industry standards and this Agreement and when the electric vehicle charger(s) installed thereon is(are) fully operational, and (ii) the date upon which OWNER executes a Notice of Acceptance agreeing that the Work has been completed and accepted by OWNER (Completion Date). EDISON EV agrees that the Completion Date shall be within 60 days of the date listed above. 3. Cost. OWNER will pay EDISON EV the sum of Ten Thousand Two Hundred One Dollars and Twenty Seven Cents ($10,201.27) for the Work. Such payment, including payment for extra work commissioned pursuant to any Change Order(s), shall be due thirty (30) days after the Completion Date, unless alternative arrangements are made pursuant to a written agreement signed by both OWNER and EDISON EV. a. Extra Work and Additional Sites. The fixed price set forth above is full compensation to EDISON EV for the Work in accordance with the Specifications. Additional compensation shall only be paid to EDISON EV pursuant to a written Change Order or contractual agreement signed by OWNER and EDISON EV, which Change Order shall recite that the described work is a deviation from the original scope of Work, is extra and in addition to the Work described by the Specifications, and shall designate the additional amount to be paid to EDISON EV for such extra work. EDISON EV shall provide OWNER with prompt written notice if it contends that any services, labor or materials required by OWNER to be furnished by EDISON EV should be paid for as extra work. If such notice is not given, such services, labor and/or materials shall be deemed to be within the scope of the Specifications and no additional compensation shall be paid or payable to EDISON EV. Extra work shall be performed in accordance with the Change Order and this Agreement. In the event that OWNER desires to provide for the installation of additional electric vehicle charger(s) at the Site, or to designate additional sites for such installations, any such additions to the scope of the Project and the compensation to be paid to EDISON EV shall be reflected in a Change Order (if before the Completion Date) and/or a separate contractual arrangement executed by EDISON EV and OWNER. b. Concealed Conditions. This Prime Contract is based solely on the observations EDISON EV was able to make regarding the Project site as of this date. If additional concealed conditions are discovered once the Work has commenced, which were not visible at the time of EDISON EV's bid, EDISON EV and/or its Subcontractor(s)will stop Work and notify OWNER of such concealed conditions to OWNER so that OWNER and EDISON EV can execute an appropriate Change Order. 4. Permits. OWNER shall cooperate in connection with obtaining the governmental approvals and permits necessary for the installation of the Project, including the prompt execution of such documents as may be deemed necessary by governmental authorities. 5. Insurance. a. Commercial General Liability Insurance. EDISON EV shall maintain occurrence version commercial general liability insurance with a combined single limit of not less than $1,000,000 per occurrence. b. Business Automobile Liability Insurance. EDISON EV shall maintain business automobile liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non=owned vehicles. c. Workers' Compensation Insurance. EDISON EV shall maintain workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than $1,000,000 per occurrence. d. Other Requirements. EDISON EV shall place and maintain the insurance required herein only with insurers licensed to do business in California and having an A.M. Best rating of no less than A:VIII. Such insurance shall not be canceled, reduced or allowed to expire without the prior written approval of OWNER. 6. Matching Existing Finishes. Where the Work involves the matching of existing f'mishes or materials, EDISON EV and its Subcontractor(s)shall use best efforts to provide such a match. However, OWNER acknowledges that an exact match is not guaranteed by EDISON EV or its Subcontractor(s)due to such factors as discoloration due to aging, difference in dye lots, and the difficulty of exactly matching certain finisbes, materials, colors and planes. 7. Indemnification. EDISON EV agrees to indemnify, defend and hold harmless OWNER from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (including attorneys' fees and costs), arising from EDISON EV's negligence or willfid misconduct arising out of or in connection with the Project, the Work and the performance or non-performance by EDISON EV of any of its obligations hereunder. OWNER agrees to indemnify, defend and hold harmless EDISON EV from any and all liabilities, obligations, claims, losses, lawsuits, damages, injuries, costs and expenses (including attorneys' fees and costs), arising from OWNER's negligence or willful misconduct arising out of or in connection with the Project, the Work and the performance or non-performance by OWNER of any of its obligations hereunder. 8. Work Stoppage, Termination of Agreement for Default and Interest. EDISON EV shall have the right to stop all Work on the Project if payments are not made to EDISON EV in accordance with the terms of this Agreement, or such other written payment agreement as may be executed by EDISON EV and OWNER, or if OWNER repeatedly fails or refuses to furnish EDISON EV or its Subeontractor(s)with access to the Site or information necessary for the advancement of the Work. Simultaneous with any work stoppage, EDISON EV shall give OWNER written notice of the nature of OWNER's default and shall give OWNER a fourteen (14) day period in which to cure the default specified. 9. Warranty. No warranty is provided by EDISON EV on any materials furnished by OWNER for installation. No warranty is provided on any existing materials that are moved and/or reinstailed by EDISON EV or its Subcontractor(s) at the Site (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). 10. Miscellaneous. This Agreement (a) shall be construed and enforced in accordance with California law, (b) contains the £mal agreement between the parties relating to the subject matter hereof and (c) may only be amended, extended or modified in a writing executed by EDISON EV and OWNER. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any such waiver operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof of any other right, power or privilege hereunder. If any party commences an action against the other party arising out of or in connection with this Agreement, whether or not pursued to judg~nent, the prevailing party in such action shall be entitled to have and recover from the other party actual attorneys' fees and costs. The headings used in this Agreement are for purposes of reference only and shall not be used for limiting or interpreting the meaning of any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Prime Contract as of the date and year herein above written. EDISON EV State Contractor'sLicense #: 722391 Printed Name: Enid P. Joffe Title: Manager, Charging Infrastructure Owner: By: City of Temecula - MaintenanceYm-d Printed Name: Title: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, CA 95826. Quick Charge-96N00100 EDISON evl Site Address: [An EDISON INTERNATIONAL Company Location Description: Line City of Temecula (Site 8) 43200 Bnainess Park Drive, Temecule City Maintenance Yard Totals 1 Equipment Subtotal 2 Bulk Material Subtotal 3 Install Labor Subtotal 4 Engineering & Design Subtotal 5 Permits Subtotal Applicable Taxes 7 Plan Check required: 8 Expected Number of Work Days Required To Complete Work: 9 Key Technical Date; 1,638.75 1,380.00 t43.75 10,201.27 Inductive Units 1 FM Conductive Units 1 Additional Circuits 0 W/Stops 2 Meter Pedestal N Signs 2 Stepdown Transformer N A/G Conduit Y Trenching N 10 Bid Validity is through July 31, 1997 11 Questions regarding this Proposal should be referred to: Bruce Colbum ~ (213) 452-4631 Contractor: 32 Edison EV Signature License #72239'1 Offer Date Contractors are required by law to be licensed and regulated by the Contractors' State license Board. Any questions concerning a contractor may be referred to the Rag attar, Contractors' State License Board, 9835 Goethe Road, Sacramento, California. Mailing address: P.O. Box 26000, Sacramento, California 95826. PROJECT NO.: SITE COORDINATOR: Salad Naaeeh Shari 96N00100 PHONE NO.: (9O9)694-64OO EEV-Form Qwik-EEVBF ADA COMPUANT-RE~ D De,cdptio~: Amp circuits (conduit, w~ & fecepucb .o~): 'additional ~ I Amp cbcuits (conduit. (Corn by Contraflor) material [ work required (values art appro ~[x~nate one): Transformer Req'd Step Down ¥oli.mg~: From: True. former m.'ins TW:m,,. Wall Mount a 'rpcket aeq'd: ~Roq'd [ m_~ :inn Above~C mduitReq'd m P-~tJstlnS Panel ~'o6: Seq'd Pedestal/Main Rcq'd wheel Stops ~xt'd Sl~n PoleRcq* TramPler m..alm'._~ i 0 q:o CXutomcr meter n ,t?ber: [3 !- I: · '1 .I [; : M~NT£NANCE SHOP STOF~G£ UF.-r~ DOOR (~) 4' 4o. v., 0". I ,L. (~, ¢.0. ~-Y TO co, ¢1~' ATTACHMENT 2 AQMD CONTRACT P:~SEHS~ECHRGST1 .CC 10/21/97 cocl 4 Contract No. AB 2766/97035 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ELECTRIC VEHICLE CHARGING STATION CONTRACT WHEREAS, thc parties to this Contract arc thc South Coast Air Quality Managcmcnt District (hereinafar rcfcrred to as "AQMD") whosc address is 21865 East CopIcy Drive, Diamond Bar, California 91765, and the City of Temecula (hereinafter referred to as "CONTRACTOR") whose address is 43174 Business Park Drive, Temecula, CA 92590 and who is thc fee owner of certain real property described-in Exhibit "A" attached hereto and incorporated herein by refcrence ('the Property") desire to make available electric vehicle charging infrastructure within the South Coast Air Basin; and WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State) and AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act; and WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle fee and by taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD; and WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles; and WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account and pursuant to approval of the work program by AQMD'S Governing Board, AQIVID Board authorized a contract with CONTRACTOR for services described in Exhibit "B" (Project Description) incorporated herein and made a part hereof, and WHEREAS, CONTRACTOR desires to: (i) provide parking spaces and appurtenant areas necessary for the installation of an electric vehicle charger(s) on the Property, (ii) install the electric vehicle charger(s), (iii) contribute the cost of electricity used at such Charging Stations during the period of t~s Contra (iv) maintain the electric vehicle chargers in good and operative condition throughout the period of this Contract, and (v) provide the Property with such electrical facilities as would permit the installation~of additional electric vehicle charger(s) in the future, in accordance with Exhibit "B" WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in RFP No. 9596-48 - "Quick Charge" Electric Vehicle Comdor Communities Program and has agreed to purchase electric vehicle(s) and/or provide other co-funding as identified in Proposal dated July 10, 1996 submitted by Riverside County Transpol~ation Commision and incorporated herein by reference as part of the consideration for entering into this Contract. NOW THEREFORE, the Parties agree as follows: TERMS AND CONDmONS OF PERFORMANCE 1. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the mount of fee to be collected under All 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipts of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD m a timely manner. 2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of the termination of the contract if the term is less than two years, be subject to .an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an mount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the tenus of this Contract. 3. CHARGING STATION INSTALLATION - CONTRACTOR hereby acknowledges its approval of the Project Description set forth in Exhibit "B". CONTRACTOR agrees to provide and/or arrange for the design, construction and installation of the Charging Station in a good, worhuanlike and substantial manner in accordance with industry standards consistent with the Project Description. The electric vehicle charger(s) along with the additional electrical facilities shall be referred to herein as "Charging Station", and the location of the Charging Station and reasonable access thereto shall be referred to herein as the "Charging Area". 4. TERM - The term of this Contract is for (18) eighteen months from the date first entered hercon, unless terminated earlier as provided for in Paragraph 5 below entitled Termination, extended by amendment of this Contract m writing or unless a final report is submitted and approved by AQMD prior to the eighteen (18) month time period. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed, subject to the provisions stated in Clause 21. 5. TERMINATION - In the event any party fails to comply 'with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Exhibits B and C, this shall constitute a material breach of the Contract. The nonbreaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide waitten notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled - "Notices." Termination shall not be the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD reserves the right to terminate this Contract for nonbreach and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination for nonbreach. 6. INSURANCE - - CONTRACTOR is permissibly self-insured and will maintain self-insurance m accordance with applicable provisions of California law as evidenced by certificate of self insurance provided to AQMD. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 7. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify AQMD, its officers, employees, agents, representatives, and successors-in-interest ag 'amst any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, 'and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 8. PAYMENT A. AQMD shall pay CONTRACTOR a Finn Fixed Price of Fifteen Thousand Four Hundred and Seventy-Eight Dollars and Fifty-Cents ($15,478.50) upon completion of the electric vehicle charger installation and verification of its operational status, i.e. the station is energized and capable of both inductive and conductive charging of electric vehicles. CONTRACTOR my invoice separately for each charging site upon verification of its operational status, i.e. the station is energized and capable of both inductive and conductive charging of electric vehicles in accordance with Exhibit C. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District, 21865 EastCopley Drive, Diamond Bar, CA 91765,. Atto: Michele Stitzel. 9. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 10. EMPLOYEES OF CONTRACTOR A. CONTRACTOR shah be responsible for the cost of regular pay to its employces, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shah maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entified to or eligible to participate in any benefits, privileges, or plans, given' or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 11. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with CONTRACTOR. 12. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, etseq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 13. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either. party without' the written consent of the other, and any attempt by either party to do so shall be void upon inception. 14. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 15. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 16. FORCE MAJEUR~ - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under thi~ Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, .m~aterials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 17. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of c6mpetent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 18. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed ~opy shall have the force and effect of an original. 20. GOVERNING LAW. - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 21. PRECONTRACT COSTS - Any costs incurred by CONTRACTOR prior to AQMD receipt of a fully executed Contract shall be incurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 22. RESTRICTION ON TRANSFER OR ALTERATION - CONTRACTOR agrees it will' not sell or convey the electric charger(?) (other than in connection with a sale of the entire Property) and will not alter the Charging Station or the Charging Area. 23. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the p~rsons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 East Copley Drive Diamond Bar, CA 91765 Atto: Michele Stitzel CONTRACTOR: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: Saied Naaseh Shah 24. USE OF STATION AND STATION SIGNAGE - CONTRACTOR agrees to use its best efforts to ensure that the parking spaces in which the electric vehicle chargers are installed will be used only for electric vehicle charging. Charging Stations shall be unlocked and accessible so that the public may independently operate Charging Stations at all times during operating hours. CONTRACTOR further agrees to permit appropriate signage marking the Charging Station location to be installed at the Charging Area. 25. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorizod representatives. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF TEMECULA By: By:. Dr. William A. Burke Chairman, SCAQMD Board Date: By:. APPROVED AS TO FORM: Peter Greenwald, General Counsel Date: By: EXHIBIT A Description of Property AB 2766 Contract No. 97035 The CONTRACTOR shah make available electric vehicle charging infrastructure at the properties described below: 6th Street Parking Lot 28464 Front Street Temecula, CA 92590 City Maintonane~ Yard 43200 Business Park Drive Tom~cula, CA 92590 EXHIBIT B Project Description AB 2766 Contract No. 97035 CONTRACTOR shall install new electric vehicle Charging Stations at the two sites listed below. Edison EV shall'perform the installation of the Charging Stations. CONTRACTOR shall monitor and evaluate the usage of the electric vehicle Charging Stations for a period of 12 months at~r installation is complete. CONTRACTOR shall maintain the electric vehicle chargers in good and operative condition throughout the period of this contract. In addition, CONTRACTOR shall contribute the cost of electricity used at such Charging Stations during the period of this Contract. Site Locations: 6th Street Parking Lot 28464 Front Street Temecula, CA 92590 Installation of two electric Charging Stations - one inductive and one conductive. Accessible from Route 15 and Rancho California Road. Hours of Operation: 24 hour basis. City Maintenance Yard 43200 Business Park Drive Temecula, CA 92590 Installation of two electric Charging Stations - one inductive and one conductive. Accessible from Route 15 and Rancho California Road. Hours of Operation: Not available to public. EXHIBIT C Payment Schedule AB 2766 Contract No. 97035 The total cost of installing the electric charging sites is $22,128. AB 2766 Discretionary Funds will provide a Firm Fixed Price of $15,478.50 towards this cost. Individual site costs are estimates. CONTRACTOR may bill for actual costs per site, however, these costs may not exceed the amount of $15,478.50. Site Locations: · 6th Street Parking Lot 28464 Front Street Temecula, CA 92590 (estimated cost to MSRC - $8,465) · City Maintenance Yard 43200 Business Park Drive Temecula, CA 92590 (estimated cost to MSRC - $7,013.50) EXHIBIT D Project Schedule AB 2766 Contract No. 97035 The following table shows the project work schedule by task including start and completion of milestone dates as well as deliverables. The project is scheduled for completion within an 18 month period. Task Installation of Char~ers Monitor and Evaluate Char~int Stations Quarterly Reports Final Report Start Date/Completion Months 1 - 6 Months 7 - 18 · Month 3, 6, 9, 12 & 15 Month 18 Hardware: Electric Vehicle Charging Stations The term of this contract is for eighteen (18) months from the date of execution. All Charging Stations must be installed and operational within six months of contract execution and provide an additional one (1) year demonstration period following the installation of the Charging Stations. Additionally, the CONTRACTOR will be contacted by MSRC staff on a quarterly basis, for up to 6ne year after installation of sites, and asked to support a .brief telephone or on-site survey. Quarterly: The CONTRACTOR shall provide quarterly reports to the AQMD which will include, but not be limited to: work performed during the quarter; project 'milestones such as infrastructure completion dates; status of public information campaigns and marketing; status on frequency of use of stations and user comments; problems identified such as vandalism, tampering or downtime and if/how problems were resolved; and other pertinent information. Final Report shall be submitted in the format provided by AQMD and shall include, but not be limited to: usage of the charging sites; problems and successes; marketing strategies and suggestions or recommendations for future projects~ Contract No. AB 2766/97035 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT ELECTRIC VEHICLE CHARGING STATION CONTRACT WHEREAS, the~ parties to this Contract are the South Coast Air Quality Management District (hereinafar referred to as "AQMD") whose address is 21865 East Coploy Drive, Diamond Bar, California 91765, and the City of Temecula (hereina~r referred to as "CONTRACTOR") whose address is 43174 Business Park Drive, Temecula, CA 92590 and who is the foe owner of certain real property described in Exhibit "A" attached hereto and incorporated herein by reference ('the Property") desire to make available electric vehicle charging infrastructure within the South Coast Air Basin; and WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State) and AQMD is authorized under State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a foe on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act; and WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD'S Governing Board has authorized the imposition of the statutorily set motor vehicle foe and by taking such action the State's Department of Motor Vehicles (DMV) is required to collect such foe and remit it periodically to AQMD; and WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles; and WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source ~: Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account and pursuant to approval of the work program by AQMD'S Governing Board, AQMD Board authorized a contract with CONTRACTOR for services described in Exhibit "B" (Project Description) incorporated herein and made a part hereof, and WHEREAS, CONTRACTOR desires to: 0) provide parking spaces and appurtenant areas necessary for the installation of an electric vehicle charger(s) on the Property, (ii) install the electric vehicle charger(s), (iii) contribute the cost of electricity used at such Charging Stations during the period of this Contract, (iv) maintain the electric vehicle chargers in good and operative condition throughout the period of this Contract, and (v) provide the Property with such electrical facilities as would permit the installation of additional electric vehicle charger(s) in the future, in accordance with Exhibit "B" and, WHEREAS, CONTRACTOR has met the requirements for receipt. of All 2766 Discretionary Funds as set forth in RFP No. 959648 - "Quick Charge" Electric Vehicle Comdor Communities Program and has agreed to purchase electric vehicle(s) and/or provide other co-funding as identified in Proposal dated July 10, 1996 submitted by Riverside County Transportation Commision and incorporated herein by reference as part of the consideration for entering into this Contract. NOW THEREFORE, the Parties agree as follows: TERMS AND CONDITIONS OF PERFORMANCE 1. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the mount of fee to be collected under AB 2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD'S receipts of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. 2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of the termination of the contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD'S sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 3. CHARGING STATION INSTALLATION - CONTRACTOR hereby acknowledges its approval of the Project Description set forth in Exhibit "B". CONTRACTOR agrees to provide and/or arrange for the design, construction and installation of the Charging Station in a good, workmanlike and substantial manner'in accordance with industry standards consistent with the Project Description. The electric vehicle charger(s) along with the additional electrical facilities shall be referred to herein as "Charging Station", and the location of the Charging Station and reasonable access thereto shah be referred to herein as the "Charging Area". 4. TERM - The term of this Contract is for (18) eighteen months from the date first entered hercon, unless terminated earlier as provided. for in Paragraph 5 below entitled Termination, extended by amendment of this Contract in writing or unless a final report is submitted and approved by AQMD prior to the eighteen (18) month time period. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed, subject to the provisions stated in Clause 21. 5. TERMINATION - In the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Exhibits B and C, this shall constitute a material brcaeh of the Contract. The nonbreaching party shah have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written notice. Notification shall be provided in the manner set forth in Paragraph 23 below, entitled - "Notices." Termination shall not be the exclusive remedy of the nonbreaching party. The nonbreaching party reserves the right to seek any and all remedies provided by law. AQMD reserves the fight to terminate this Contract for nonbreach and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination for nonbreach. 6. INSURANCE - - CONTRACTOR is permissibly serf-insured and will maintain self-insurance m accordance with applicable provisions of California law as evidenced by certificate of self insurance provided to AQMD. CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR Or deduct the cost thereof from any payments owed to CONTRACTOR. 7. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify AQMD, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which AQMD, its officers,. employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 8. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of Fif~en Thousand Four Hundred and Seventy-Eight Dollars and. Fifty-Cents ($15,478.50) upon completion of the electric vehicle charger installation and verification of its operational status, i.e. the station is energized and capable of both inductive and conductive charging of electric vehicles. CONTRACTOR may invoice separately for each charging site upon verification of its operational status, i.e. the station is energized and capable of both inductive and conductive charging of electric vehicles in accordance with Exhibit C. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD'S contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, CA 91765,. Attn: Michele Stitzel. 9. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 10. EMPLOYEES OF CONTRACTOR A. CONTRACTOR shall be responsible for the cost of regular pay to its employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for its employees and shall maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entified to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 11. OWNERSHIP - Title and full ownership rights to any products purchased or developed~under this Contract shall at all times remain with CONTRACTOR. 12. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, rehgious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88:352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and .all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract .language similar to this paragraph. 13. ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the written consent of the other, and any attempt by either party to do so shall be void upon inception. 14. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD'S failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise' any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 15. ATTORNEYS' FEES - In the even, t any action (including arbitration) is filed in cormection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 16. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in perform~xnce under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 17. SEVERABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 18. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify,. amplify, or aid in the interpretation, construction, or meaning of the provisions of this Contract. 19. DUPLICATE EXECUTION - This Contract is executed in .duplicate. Each signed copy shall have the ,force and effect of an original. 201 GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of C~lifomia. Venue for resolution of any dispute shall be Los Angeles County, California. 21. PRECONTRACT COSTS - Any costs recurred by. CONTRACTOR prior to AQMD receipt of a fully executed Contract shall be recurred solely at the risk of the CONTRACTOR. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be hable for any mounts expended in anticipation of a formal Contract. If a formal Contract does result, precontract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. 22. RESTRICTION ON TRANSFER OR ALTERATION - CONTRACTOR agrees it will not sell or convey the electric charger(s) (other than in connection with a sale of the entire Property) and will not alter the Charging Station or the Charging Area. 23. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereai~r be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days afl:er deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 East CopIcy Drive Diamond Bar, CA 91765 Arm: Michele Sfitzel CONTRACTOR: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Arm: Saied Naaseh Shari 24. USE OF STATION AND STATION SIGNAGE - CONTRACTOR agrees to use its best efforts to ensure that the parking spaces in which the electric vehicle chargers are installed will be used only for electric vehicle charging. Charging Stations shall be unlocked and accessible so that the public may independently operate Charging Stations at all times during operating hours. CONTRACTOR further agrees to permit appropriate signage marking the Charging Station location to be installed at the Charging Area. 25. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD .and there are no understandings,. representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AIR' QUALITY MANAGEMENT DISTRICT CITY OF TEMECULA Dr. W'flliam A. Burke Chairman, SCAQMD Board Date: By:. APPROVED AS TO FORM: Peter Greenwald, General Counsel By: Dat~: EXHIBIT A Description of Property AB 2766 Contract No. 97035 The CONTRACTOR shall make available electric vehicle charging infrastructure at the properties described below: 6th Street Parking Lot 28464 Front Street Temecula, CA 92590 City Maintenance Yard 43200 Business Park Drive Temecula, CA 92590 EXHIBIT B Project Description AB 27(~ Contract No, 97035 CONTRACTOR shall install now electric vehicle Charging Stations at the two 'sites listed below. Edison EV shall perform the installation of the Charging Stations. CONTRACTOR shall monitor and evaluate the usage of the electric vehicle Charging Stations for a period of 12 months afar installation is complete. CONTRACTOR shall maintain the electric vehicle chargers in good and operative condition throughout the period of this contract. In addition, CONTRACTOR shall contribute the cost of electricity used at such Charging Stations during the period of this Contract. Site Locations: 6th Street Parking Lot 28464 Frortt Street Tcmecula, CA 92590 Installation of two electric Charging Stations - one inductive and one conductive. Accessible from Route 15 and Rancho California Road. Hours of Operation: 24 hour basis. City Maintenance Yard 43200 Business Park Drive Temecula, CA 92590 Installation of two electric Charging Stations - one inductive and one conductive. Accessible from Route 15 and Rancho California Road. Hours of Operation: Not available to public. EXHIBIT C Payment Schedule AB 2766 Contract No. 97035 The total cost of installing the electric charging sites is $22,128. AB 2766 Discretionary Funds will provide a Firm Fixed Price of $15,478.50 towards this cost. Individual site costs are estimates. CONTRACTOR may bill for actual costs per site, however, these costs may not exceed the amount of $15,478.50. Site Locations: 6thStreet Parking Lot 28464 Front Street Temeeula, CA 92590 (estimated cost to MSRC - $8,465) City Maimenance Yard 43200 Business Park Drive Temecula, CA 92590 (estimated cost to MSRC - $7,013.50) EXHIBIT D Project Schedule AB 2766 Contract No, 97035 The following table shows the project work schedule by ta~k including start and completion of milestone dates as well as deliverables. The project is scheduled for completion within an 18 month period. Tazk Installation of Charl~¢rs Monitor and Evaluate Charl~in~ Stations quaner Repom Final Report Start Date/Completion Months 1 - 6 Months 7 - 18 Month 3, 6, 9~ 12 & 15 Month 18 Bardware: Electric Vehicle Charging Stations The term of this contract is for eighteen (18) months from the date of execution. All Charging Stations must be installed and operational within six months of contract execution and provide an additional one (1) year demonstration period following the installation of the Charging Stations. Additionally, the CONTRACTOR will be contacted by MSRC staff on a quarterly basis, for up to one year at~r installation of sites, and asked to support a brief telephone or on-site survey. Quarterly: The CONTRACTOR shall provide quarterly reports to the AQMD which will include, but not be limited to: work p~rformed during the quarter; project milestones such as infra~ucture completion dates; status of public information campaigns and marketing; status on frequency of use of stations and user comments; problems identified such as vandalism, tampering or downtime and if/how problems were resolved; and'other pertinent information. Final Report shall be submitted in the format provided by AQMD and shall include, but not be limited to: ushge of the charging sites; problems and successes; marketing strategies and suggestions or recommendations for future projects. ATTACHMENT 3 CIP, ELECTRIC CHARGING STATION P.'~IECHRGST1.CC 10/21/97 cod I I I I I I I ITEM 19 TO: FROM: DATE: SUBJECT: APPROVAL _~~ CITY ATTORNEY DIRECTOR OF _~_.~ FINAl CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance~ October 28, 1997 Disposal of City Vehicles PREPARED BY: Allie Kuhns, Senior Management Analyst,¢~ RECOMMENDATION: That the City Council approve the disposal of three City vehicles through donation to the Temecula Volunteer Fire Department. BACKGROUND: At the October 7, 1997 Council meeting, Council directed Staff to find a means of disposal of three City vehicles through donation to a non-profit organization in Temecula. These vehicles have exceeded their serviceable life, and maintenance to keep them running has proven to be not cost effective. The vehicles to be donated are as follows: VIN 1GNDT13Z7M2169894 VIN 1GCCS19Z6M8307422 VIN 1G1LT54XLE221028 1991 Chevy Blazer (former City Manager Vehicle) 1991 Chevy S~10 pick-up (Building & Safety) 1990 Chevy Corsica (pool vehicle) In accordance with the City's Municipal Code and Purchasing Manual, the City is required to dispose of materials and equipment through public auction or sale, or other means which provide maximum return to the City. Because the monetary value of these vehicles is minimal at this point, the Council directed that Staff donate these vehicles to a local non-profit organization. Council also recommended that Staff contact the Temecula Volunteer Fire Department to find out if they still refurbish used vehicles to sell at local auctions. The proceeds from these auctions go directly to support the Volunteer Fire Department. Staff contacted Dan Froelich from the Temecula Volunteer Fire Department, and he enthusiastically agreed to accept the vehicles "as is" along with a hold harmless agreement. A copy of the proposed hold harmless agreement is attached. FISCAL IMPACT: The City's Volunteer Fire Department will receive 100% of the proceeds from these vehicles, and will use these funds to purchase supplies and equipment to support their operations. Attachment: Hold Harmless Agreement VEHICLE DONATION AGREEMENT This Agreement is made as of October 28, 1997 by and between the City of Temecula ("City") and the Temecula Volunteer Fire Department, a California non-profit corporation ("TVFD"). In consideration of the mutual benefits described herein, the parties agree as follows: The City desires to dispose of certain aging vehicle from the City's fleet which are in need repair and refurbishing. The TVFD provides service to the community in assisting with fire related services. The TVFD can utilized the vehicles by either 'repairing them for service or by repairing and selling them as a fundraiser for their community service. The City hereby conveys to TVFD the vehicles described on Exhibit A (the "Vehicles"), attached hereto and incorporated herein, for no cost, subject to the terms of this Agreement. The City Manager is hereby directed and authorized to execute all documents, including Department of Motor Vehicle documents, necessary to implement the terms of this Agreement. The City is conveying the vehicles to TVFD in an "as-is" condition and disclaims any an all warranties as to the condition of the vehicles. TVFD warrants and represents to the City that it has inspected the Vehicles, consulted with persons knowledgeable in proper operating conditions of vehicles, and is fully apprised of the condition of the Vehicles. TVFD accepts the conveyance of the Vehicles in the "as-is" condition. In accepting the Vehicles in their "as-is" condition, the TVFD, on behalf of itself and its successors and assigns, do fully and forever remise, release and discharge the City of Temecula, its elected and appointed officials, employees and agents, from any and all causes of action,. damages, claims, demands, torts, actions, suits, causes of action, obligations, losses and liabilities of whatever kind or nature, in law, equity, or otherwise, whether known or unknown, for any and all damages arising from the Vehicles and the use or condition of said Vehicles. The parties hereto acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which is expressly understood by each party hereto to provide 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 materially affected his settlement with the debtor." Fully aware of this code section, the parties expressly waive any and all rights they may have thereunder, as well as under any other statute or common law principles of similar effect. TVFD hereby agrees to defend, indemnify and hold harmless the City of Temecula, its elected and appointed officials, employees and agents, from any and all causes of action, damages, claims, demands, torts, actions, suits, causes of action, obligations, losses and liabilities of whatever kind or nature, in law, equity, or otherwise, for any and all damages arising from the Vehicles and the use or condition of said Vehicles. Each person hereto represents and warrants that he or she has full power to enter into this Agreement on behalf of the party on whose behalf he or she is signing, and that he or she is fully empowered to bind it and fully authorized to enter into this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Patricia H. Birdsall Mayor June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney TEMECULA VOLUNTEER FIRE DEPARTMENT, a California non-profit corporation By: Name: Title: ITEM 20 APPROVAL CITY ATTORNEY FINANCE OFFICER_,~ CITY MANAGER CiTY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Clerk/Director of Support Services DATE: October 28, 1997 SUBJECT: Purchase of Additional Computer Information Storage Devices PREPARED BY: Thomas Hafeli, Information Systems Administrator RECOMMENDATION: Authorize the purchase of eight (8) Compaq 9.1GB Hard Disk Drives and two (2) 128MB Memory upgrade kits from CompUSA, San Bernardino, at a cost of $15,595.88 to be used in upgrading two of the City's current Compaq File Servers. BACKGROUND: 1. The City Hall servers are reaching their maximum storage capacity and require additional storage capacity to continue to serve the needs of City Hall. 2. The City recently completed a Request for Proposal (RFP) which was sent to fourteen (14) vendors in the Southern California area. A total of seven (7) proposals were received and reviewed. The quotes ranged from a low of 915,595.88 from CompUSA San Bernardino to a high of $17,423.18 submitted by Golden State Trading Co., Brea, California. CompUSA, San Bernardino Technology Integration Group, San Diego IKON Office Solutions, Redlands OMNIDATA, Riverside Inacom, San Diego Valley Micro Computers, Temecula Golden State Trading Co., Brea $15,595.88 915,613.00 $15,832.79 915,990.10 $16,507.30 916,927.53 $17,423.18 3. It is staff's recommendation that the Council approve the purchase of a total of eight Compaq 9.1GB Hard Disk Drives and two (2) 128MB Memory upgrade kits from CompUSA, San Bernardino, at a cost of 915,595.88. Agenda Report Purchase of Additional Computer Information Storage Devices Page 2. FISCAL IMPACT: Adequate funds were appropriated in the 1997-98 Fiscal Year Budget for Information Services Internal Service fund to accommodate this purchase. ITEM 21 APPROVAL CITY ATTORNEY FINANCE OFFICER~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk/Director of Support Services October 28, 1997 Computer Training Services PREPARED BY: Dennis Bridgham, Information Systems Specialist RECOMMENDATION: That the City Council approve a Professional Services Agreement for Computer Related Training with Business Information Solutions, for an amount not to exceed $6,000. BACKGROUND: The City recently completed a Requesl for Qualifications (RFQ) from experienced vendors for the purpose of providing computer related training for City employees. A total of eight (8) proposals were received and reviewed. Valley Micro Computers, Temecula Uenhard Consulting Group, San Diego Business Information Solutions Inc, Newport Beach ExecuTrain, Ontario Starlight Education, Irvine PC University, San Bernardino CompUSA, San Bernardino CompUSA, San Marcos Of the eight, four were selected for further evaulation. Business Information Solutions Inc., was utilimately selected to provide training for the City on an 'as-needed" basis between July 1, 1997 to present. To date, we have obligated approximately $7,900 and it is anticipated that we will exceed $10,000 between November 1997 and June 1998. FISCAL IMPACT: Adequate funds were appropriated in the 1997-98 Fiscal Year Budget for Information Services Internal Service fund to accommodate this purchase. Attachment: Agreement CITY OF TEME~.~& AGR~ ~~ FOR CONSULTANT SERVICES THIS AG~, is made and effective as of October 28, 1997, between the City of Temecula, a municipal corporation ('City') and Busines Information Solutions ("Consullnnt"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 1, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30,1997, unless sooner terminated pursuant to the provisions of this Agreement. 2. ~/IC, F.~. Consultant shall perform the 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 u 'tdized by persons engaged in providing similar services as ar~ required of Consultant hereunder in meeting its obligations under this Agreement. 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, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed six thousand dollars ($6,000.00) 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 A/~eement 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 -1- ~ 9/18/95 may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). 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 on or about the first business day of each month, for services provided in the previous month. Payment shah be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. SUSPENSION OR TKRMINATION OF A~RI~KMKNT 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 malce void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shah 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 3. 6. DEFAULT OF CONh~LTLTANT. 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 shah 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 shah 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 -2- Revised 9/18/9S terminate this Agreement without further notice and without prej~ to any other remedy to which it may be entitled at hw, in equity or under this Agreement. 7. OWN~R~mP OF DOCUM~qT~. 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 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, computer files, 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, 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 fries. 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, indenufify, protect and hold harmless the City, its officems, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the city. 9. INSURANCE RRQ_UIRE~INT~. 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. -3- ~ 9/18/95 ae ~[inimum Scope_ of In.~urance. (3) (4) ]ffinimum Limits of Insurance. Coverage shall be at least as broad as: (occurrence form CO 0001). Insumn~ Services Office form number CA 0001 (Ed. 118~) covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Errors and omissions liability insurance appropriate to the consultant's profession. Consultant shall maintain limits no less O) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and ~ damage. If Commercial ~ Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit ~ apply separately to this project/location or the general aggregate limit shall be twice Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Fanployer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. C. Deductible.q and Self-Insured Retentions. Any deductibles or self- insured retenlions 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 ~Aability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 9/18/95 (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respecU: 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, cancelled by (30) days* prior written notice by certified mail, return receipt requested, has been given to the City. e. A~ilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VH, unless otherwise acceptable to the City. f. Verification of Covera~_e. 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 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 or agents 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. LRGAL R~-~PO~INIRIL~-~. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidenfin! and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorizalion 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, interrogatorles, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or shnilar 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. NO~CF~. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or ('tii) toniling 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 hter designate by Notice: To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92590 Attention: City Manager To Consultant: Business Information Solutions, Inc. 4000 West~ly Place, Suite 120 Newport Beach, CA 92660 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hemruder, without prior written consent of the City. 15. XJ.C.,.~.. 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 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 A~reement shah tak~ place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREe. 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 entming into this Agr~ment based solely upon tbe representations s~t forth herein and upon each pany's own independent investigation of any and all facts such 18. AUTHORITY TO EYRCUTE THI,~ AGREEMF~NT. 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 Consultaut to the performance of its obligations hereunder. IN ~ WHEREOF, the paffies hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMF..CUI~ Attest: Mayor lune $. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney Business Information Solutions, Inc. Business Information Solutions, Inc. LAX2:136829.2 -8- Rov/sed 9118J95 N. COST PROPOSAL continued ADVANCED TOPICS COURSES The pricing in this section applies to all levels of the following courses: Netscape 2.01 (on-site only), and Mitesoft Project 4.0. Summarized outlines for each course can be found in Appendix B of this ON-SITE TRAINING Business Information Solutions will provide an instructor, student workbooks with data diskettes, student feedback forms, and Certificates Of Completion for all students completing a course. City Of Temecula will provide a classroom, computers, application and system software, whiteboard, and an instructor computer with LCD projector. No. Of Students Price/Day 8 $900.00 ..Additional Information Add 1540.00 per student over 8. IN-HOUSE TRAINING Business Information Solutions will provide computers, application and system software, instructor, student workbooks with data diskettes, student feedback forms, and Certificates of Completion for all students completing a course. a. Private Class b. Public Class 1 - 8 Students 1 - 3 Students 4 - 5 Students 6 - 8 Students $1,050.00 per day $195.00 each $175.00 each $150.00 each The !xices quoted in Section III are valid for sixty days from the date of this proposal. Notice of cancellation or rescheduling must be received at least five working days prior to the scheduled class date. Insufficient notice will result in b'dling fifty percent of the canceled class fee. Invoices will be submitted weekly, with payment terms of net 30 days from the invoice date. ITEM 22 TO: FROM: DATE: SUBJECT: i APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~E,_~ CITY MANAGER v~'~"~ CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager October 28, 1997 Superior Court in Temecula PREPARED BY: Allie Kuhns, Senior Management Analys~/./ RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ENCOURAGE THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO AGGRESSIVELY PURSUE FUNDING FOR A SUPERIOR COURT FACILITY TO BE LOCATED IN THE CITY OF TEMECULA BACKGROUND: Currently, Riverside County has a Municipal Court located in the County Administrative Center in Temecula. This courthouse provides not only municipal court services, but also receives and processes Superior Court Civil Case cross court filings which are ultimately housed and heard in Riverside. According to Consolidated/Coordinated Courts - Temecula Division records, the following are monthly averages of Superior Court activities which are conducted at the Temecula Municipal Court facility. P/ease note that these statistics do not include Municipa/ Court Activities: Tv_De of Action Number of Activities Family Law Hearings Ex Parte Hearings Family Law Cases Filed Domestic Violence Cases Temporary Restraining Orders Reviewed Small Claim Appeals Heard Public Counter Contacts Public Phone Contacts Cross Court Filings Received - Civil Law Cross Court Filings Received - Family Law TOTAL ACTIVITIES 252 15 120 25 6O 12 731 557 220 225 The statistics above show that in any given month, over 2,200 transactions which should be processed in a Superior Court are processed in the Temecula Municipal Court, due to the lack of a Superior Court facility. Based on these statistics, the attached resolution is presented to encourage the County of Riverside Board of Supervisors to consider aggressively pursuing funding for a Superior Court facility to be located in Temecula. FISCAL IMPACT: None to the City of Temecula at this time. Attachment: Resolution No. 97- RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO ENCOURAGE THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TO AGGRESSIVELY PURSUE FUNDING FOR A SUPERIOR COURT FACILITY TO BE LOCATED IN THE CITY OF TElVIECULA WHEREAS, the Riverside County Superior Court is located in the City of Riverside; and, WI~REAS, due to a lack of a Superior Court Facility in southwest Riverside County, there are over 2,190 Superior Court activities conducted each month at the Temecula Municipal Court facility; and, WHEREAS, although Superior Court activities can be received and processed at the Temecula Municipal Court facility, the cases are housed and heard in the Riverside Superior Court located in the City of Riverside. NOW, THEREFORE, BE IT RESOLVED, that the Temecula City Council hereby expresses its support and encouragement for the Riverside County Board of Supervisors to aggressively pursue funding for a Superior Court to be located in the City of Temecula: PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of October, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] ITEM 23 APPROVAL DIRECTOR OF FI CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager October 28, 1997 Temecula Library Volunteer Coordinator PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council authorize the Mayor to execute a contract with the Riverside County Library System (RCLS) for the City of Temecula to provide funding for RCLS to hire a volunteer coordinator for the Temecula Library. BACKGROUND: During the recent years of severe staffing shortages, the Temecula Library has been able to augment its staff with over 80 volunteers of all skill levels. However, because of the full time staffing shortages, there has not been any staff available to provide direction to the volunteers to maximize their contributions. At the August meeting of the Temecula Library Task Force, a decision was made to hire a part time volunteer coordinator who would coordinate and oversee all volunteer activities at the Temecula Library. This position is proposed to be funded by the funds appropriated in the City's Fiscal Year 1997-98 Annual Operating Budget for support of the library, and has already been brought before the Council and approved. With the restructuring of the RCLS this year, all County library employees are employed by a private contractor, Library Systems & Services, LLC, commonly known as "LSSI." Because of this arrangement, the City has no direct relationship with LSSI. Therefore, in order for the City to provide funding to hire an additional employee without impacting the existing contract between the County and LSSI, County Counsel and our City Attorney have drafted the attached agreement. This agreement is scheduled to be brought before the Riverside County Board of Supervisors at their regularly scheduled meeting on November 4th. Since the individual has not been hired for the position, a maximum of $12,000 has been incorporated into the agreement. This amount is based on a comparable position within the RCLS. FISCAL IMPACT: Adequate funding is available in Account 001-101-999-5285 to fund this part time position up to $12,000. Attachment: Agreement to Provide Library Services AGREEMENT TO PROVIDE LIBRARY SERVICES COUNTY OF RIVERSIDE RIVERSIDE COUNTY LIBRARY SYSTEM and CITY OF TEMECULA This Agreement ("Agreement") is made and entered into this day of ,1997 by and between the County of Riverside, Riverside County Library System ("County"), the City of Temecula ("City"), and the contracted administrator for County, Library Systems & Services, LLC, commonly known as "LSSI" ("LSSI"). WHEREAS, County wishes to provide a library volunteer coordinator to work at the Temeeula/Murietta Library; WHEREAS, City wishes to assist by funding this position; and WHEREAS, this arrangement will be mutually beneficial to County and to City. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: RESPONSIBILITIES OF THE PARTIES 1.1 Services Performed by County: County shall provide one Library Volunteer Coordinator (the "Employee") for the Temeeula/Murietta Branch for the period of November l, 1997 to June 30, 1998. The Employee subject to the supervision of LSSI, pursuant to the LSSI agreement with the County. All duties and activities of County under this Agreement shall be subject to the oversight of the County Librarian for the Riverside County Library System ("County Librarian"). 1.2 City Pa_vment of Cost o.f Employee: City shall pay the actual salary paid to and benefits paid on behalf of the Employee for the term of this Agreement in an amount not to exceed twelve thousand dollars ($12,000.00). PROFESSIONAL STAFF 2.1 Employee Relationship: The parties hereto understand and agree that the Employee to be provided by the County shall be an employee of LSSI, subject to all terms of the Agreement between the County and LSSI dated June 17, 1997. 10/210/97 1ADATA\ 148\TF_,MVOLWPD 3. FISCAL 3.1 Payment/Billing: LSSI shall send an invoice to City for the monthly costs of the Employee, and City shall pay LSSI directly within 30 calendar days of receipt of the invoice. The invoice shall state the days worked during the prior month by the Employee and state the salary rate or basis of calculation, and the components and basis of calculation of the benefits paid to the Employee. 3.2 Auditing Information: LSSI shall provide payroll information for employee(s) under this Agreement for auditing purposes to City and to County at any time upon request. GENERAL PROVISIONS 4.1 Ownership of Materials: Any materials or equipment provided by County, City, or LSSI pursuant to this Agreement shall remain the property of the party providing the same at the termination of this Agreement. Neither County nor LSSI shall not be responsible for replacement of District equipment or resources damaged or lost pursuant to County's or LSSI's performance under this Agreement. 4.2 Term: This Agreement shall commence on the date first written above and shall continue through June 30, 1998. 4.3 ~: Each party agrees to fully indemnify, defend and save harmless all other parties, their elected officials, officers, employees and agents from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to the performance of this Agreement, excepting any such liability as may be caused by the fault or negligence of the other party. 4.4 Delivery of Notices: Any notice required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: COUNTY OF RIVERSIDE: Executive Office County Administrative Center 4080 Lemon Street, 12th Floor Riverside, CA 92501 Attn: County Librarian 101210197 I:kDATA\ 148\TEMVOL.WPD CITY OF TEMECULA 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589 LIBRARY SYSTEMS & SERVICES, LLC Library Administrative Center Attn: Frank Pezzanite Such notice shall be deemed made when personally delivered or, if mailed, then two post office business days following deposit in the U.S. mail, first class postage paid and addressed to the party as described above. 4.5 4.6 4.7 4.8 4.9 4.10 Entire A~reementfModification: This Agreement contains the entire Agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement shall only be modified by a writing signed by all parties. C:ounterpart or Duplicate Copies: This Agreement may only be equivalent to a signed original for all purposes. iM~llal~: This Agreement, and the rights, interests, and benefits hereunder shah not be assigned, transferred, pledged, or hypothecated in any way by any of the parties hereto, and shall not be subject to execution, attachment or similar process, nor shall the duties herein be subcontracted or delegated without the written consent of all parties hereto. Any assignment or delegation of this Agreement to a third party shall be void unless written consent from all parties hereto is obtained. Invalidity of A~r_ cement: The unenforceability or invalidity of any section or provision of this Agreement shall not affect the enforceability and validity of the balance of the Agreement. F, lll.~llillgJ, a~: This Agreement and its construction and imerpretafion as to validity, performance and breach shall be construed under the laws of the State of California. Certification of Authority_ to Execute This A~r_ eement: City certifies that the individual signing below has authority to execute this Agreement on behalf of City, and may legally bind City to the terms and conditions of this Agreement, and any amendments hereto. 10f210/97 I:~DATA\ 148\TBMVOL.WPD IN WITNESS WHEREOF, the parties hereto have executed this Agreement to Provide Library Services on the year and date first written above. CITY OF TEMECUI~: By: Patricia H. Birdsall Mayor Attest: June S. Greek City Clerk Approved as to Form: Peter M. Thorson City Attorney COUNTY OF RIVERSIDE: By: Chairman, Board of Supervisors ATTEST: GERALD A. MALONEY, Clerk of the Board By: Deputy 10/210197 I :\DATA~ 14~\T~MVOL.WPD LIBRARY SYSTEMS AND SERVICES, LLC By: [Name and title] 10/210/97 I:~DATA\ 148\TEMVOL.WPD ITEM 24 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Ronald E. Bradley, City Manager October 28, 1997 Transfer of Governance of Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) to the City RECOMMENDATION: That the City Council adopt Resolution No. 97- entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RATIFYING AGREEMENT FOR TRANSFER OF GOVERNANCE OF COMMUNITY FACILITIES DISTRICT NO. 88- 12 (YNEZ CORRIDOR) FROM THE COUNTY TO THE CITY BACKGROUND: On July 22, 1997 the City Council requested the transfer of the governance of the Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) to the City. At that time Council also approved a draft agreement for the transfer which was then forwarded to the County of Riverside for formal adoption. On October 14, 1997 the County Board of Supervisors approved the transfer of the CFD 88- 12 to the City of Temecula. However, County counsel made numerous revisions to the original agreement prepared by the City. These revisions were reviewed and approved as to form by the City's bond counsel, Paul J. Thimmig of Quint and Thimmig, LLP and the City Attorney Peter Thorson. Staff is recommending that Council now approve a resolution ratifying the final agreement with the County of Riverside for the transfer of the CFD 88-12. FISCAL IMPACT: Costs associated with the administration of this district will be paid for by the CFD bond proceeds with no net fiscal ',impact to the City. Attachments: Resolution No. 97- Agreement for Transfer R:tNORTONL~GENDASiCFDTRANS. AGN 1 10/22/97 , RF.,.qOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RATIFIqNG AGI/~M~NT FOR TRANSFER OF GOVERNANCE OF COMMUIN'IT~ FACILITIF, S DISTRICT NO. 88-12 (YNEZ CORRIDOR) FROM THE COUNTY TO THE CITY WHEREAS, on July 22, 1997 this City Council adopted Resolution No. 97-84 (the ~Prior Resolution'), requesting the Board of Supervisors of the County of Riverside (the ~County') to transfer the governance of Community Facilities District No. 88-12 (Ynez Corridor) (the 'District') to the City of Temecula (the ~City'); and WHEREAS, the Prior Resolution approved a form of Agreement for Transfer for the District (the ~Agreement') and authorized its execution by the Mayor and attestation by the City Clerk; and WHEREAS, since the adoption of the Prior Resolution, ~ agreement has been modified, and has been execu~l by the City and the County and this City Council now desires to ratify the Agreement in the form so executed. NOW, THK~F.!~ORE, BE IT RESOL~, by the City Council of the City of Temecuh that the Agreement, in the form executed by the City and the County and on file with the City Clerk is hereby ratified, and the City Council hereby approves the performance by the City and the District of the Agreement. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 28th day of October, 1997. ATI~_,ST: Patricia H. Birdsall, Mayor 1une S. Greek, CMC City Clerk [ShALl R:INORTONLI,4GEN~A$1Cr'Dl'RaN$.,aON 2 I0/20/$7 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk for the City of Temecula, DO HEREBY CERTIFY that the foregoing Resolution No. 97-._ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th dny of October, 1997, by the following roll call vote: COUNCILMEMBERS: NOES: CO~CILM~ERS: CO~CILMEMBERS: June S. Greek, CMC City Clerk I0/20/37 Quint & Thimmig LL~ FINAL AGREEMENT FOR TRANSFER OF GOVERNANCE OF COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR) THIS AGREEMENT FOR TRANSFER OF GOVERNANCE OF COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR) ("Agreement") is entered into between the BOARD OF SUPERVISORS ("Board") OF THE COUNTY OF RIVERSIDE ("County") and the CITY COUNCIL ("City Council") OF THE C1TY OF TEMECULA ("City"). RECITALS WHEREAS, the Board is authorized to establish community facilities districts pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code, commonly known as the "Mello-Roos Community Fadlities Act of 1982" ("Act"); and WHEREAS, the Board, on September 26, 1989, adopted Resolution No. 89-449 (as amended by Resolution No. 90-046, adopted by the Board on January 9, 1990, the "Resolution of Formation") which established the Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) CCFD 88-12"), determined the validity of prior proceedings relative to the formation of CFD 88-12 and the incurring of bonded indebtedness, authorized a levy of a special tax within CFD 88-12, and called an election for March 23, 1990, on the propositions of levying a spedal tax and establishing an appropriations limit within CID 88-12; and WHEREAS, the Board, on September 26, 1989, adopted Resolution No. 89-450 (as amended by Resolution No. 90-047, adopted by the Board on January 9, 1990, the "Resolution to Incur Bonded Indebtedness") which determined the necessity of incurring bonded indebtedness in an amount not to exceed $60,000,000.00, and called an election within CFD 88- 12 for March 23, 1990, on the proposition of incurr'mg bonded indebtedness; and WHEREAS, on March 23, 1990, in accordance with the Resolution of Formation and the Resolution to Incur Bonded Indebtedness, a consolidated election was held within CID 88-12 in which the qualified electors approved by more than a two-thirds vote the propositions of incurring bonded indebtedness, levying a special tax, and establishing an appropriations limit within CID 88-12; and WHEREAS, a boundary map of CFD 88-12 was recorded as provided by the Act at Book 28 at Page 22 of Maps of Assessment and Community Facilities Districts, in the Office of the County Recorder for the County of Riverside, State of California; and WHEREAS, a notice of special tax lien for CFD 88-12 was recorded on April 16, 1990 as provided by the Act as Instrument No. 137385 in the Office of the County Recorder for the County of Riverside, State of California; and WHEREAS, on December 1, 1989, the City of Temecula was incorporated and includes all the area included within CID 88-12; and WHEREAS, the City currently administers a sales tax rebate program in respect of spedal taxes levied in CFD 88-12 pursuant to an agreement entered into with the property 20002.01:]3139 owners in CFD 88-12 at the time of formation of CFD 88-12, and the City will construct the remaining public improvements to be funded by CFD 88-12; and WHEREAS, Section 53368 et seq. of the Act provides for the transfer of the authority for the governance of a community facilities district from the jurisdiction of a county to the jurisdiction of a city upon written agreement entered into between the governing boards of the county and the city, the satisfaction of any conditions contained in the agreement and the conditions of transfer contained in Section 53368.2 of the Act; and WHEREAS, it is of mutual benefit to the County and the City to transfer the authority for governance of CFD 88-12 as provided by the Act and this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants hereinafter contained, the parties agree as follows: 1. ~. Except as otherwise provided in this Agreement, all terms used in this Agreement shall have the meanings provided in the Act. 2. City Polides for Communi .ty Facilities Districts. The City Council hereby represents and warrant~ to the Board that it has adopted policies, as required by Section 53312.7 of the Act, a true and correct copy of which policies are included as Exhibit 1 hereto. 3. Statutory. Rea. uirements for Transfer. In order to complete the transfer of jurisdiction of CFD 88-12 from the Board to the City Council, the City Council shall take or cause to be taken the following actions, as soon as practicable following notice from the County to the City Manager that this Agreement has been executed on behalf of the Board (or as otherwise specified below): (a) The City Clerk shall record or cause to be recorded an amended boundary map with respect to CFD 88-12, in the form included as Exhibit 2 hereto, with the County Recorder in conformity with Subdivision (a) of Section 53368.2 of the Act. (b) The City Clerk shall record or cause to be recorded an amended notice of special tax lien with respect to CFD 88-12, in the form included as Exhibit 3 hereto, with the County Recorder in conformity with Subdivision (b) of Section 53368.2 of the Act. The City Clerk shall insert the Book and Page numbers where the amended boundary map of CFD 88-12 referred to in (a) above was recorded in the first paragraph of the amended notice of special tax lien, prior to recordation thereof. (c) The City Clerk shall mail or cause to be mailed notice, in conformity with Subdivision (c) of Section 53368.2 of the Act, in the form included as Exhibit 4 hereto, to each property owner within CFD 88-12 as identified in the amended notice of special tax lien (referenced in clause (b) above) under the heading "Property Owners as of Most Recent Secured Roll." For purposes of such notice, the Act and this Agreement, the effective date of the transfer of jurisdiction of CFD 88-12 from the Board to the City Council (the "Effective Date") shall be the date of recordation of the amended boundary map and the amended notice of special tax lien referenced in clauses (a) and (b) above, and the notices to property owners shall be mailed by or on behalf of the City Clerk within five days of the Effective Date. (d) The City Clerk shall cause replacement bonds in the form of Exhibit 5 hereto to be executed by the City. In conformity with Section 53368.2(e) of the Act, the City 2 Clerk shall cause such replacement bonds to be delivered to the fiscal agent for the outstanding CFD 88-12 bonds within five days of the Effective Date, along with a written request to the fiscal agent that the fiscal agent provide for the exchange of such replacement bonds for the outstanding bonds of CFD 88-12 as soon as practicable. 4. ~dditional Reqt4irements for Transfer. In addition to the requirements of Section 3 above, the City Council shall take or cause to be taken, the following additional actions as soon as practicable following notice from the County to the City Manager that this Agreement has been executed on behalf of the Board: (a) The City Clerk shall cause notice to be given to the following entities that: (i) the governance of CFD 88-12 has been transferred from the Board to the City Council effective as of the Effective Date (referred to in Section 3(c) above), spedfying the Effective Date, (ii) their respective agreements with respect to the provision of services to CFD 88-12 have been terminated as of the date of their receipt of such notice, (iii) that each of said entities are to submit final bills for any compensation due them through and including the date of termination of their contracts with respect to services rendered 'for CFD 88-12 to the Administrative Office of the County for review and approval, and (iv) they will receive payment for such services, as approved by the County Administrative Office, from funds of CFD 88-12, to be paid to them by the Finance Director of the City: (A) Thomas, Bigbie & Smith, an Accountancy Corporation; (B) Ball, Orrock & Watase, LLP; (C) Sherman & Feller, A Law Corporation; (D) Albert A. Webb Associates, a California corporation; (E) Zaba Capital Inc.; and (F) Empire Economics. (b) The City Clerk shall cause to be prepared assignment agreements, in form and substance acceptable to County Counsel and the City Attorney, with respect to the following agreements, said assignments to assign all right, title and interest of the County and the Board in said agreements to the City and the City Coundl, respectively, and to contain an express assumption by the City and the City Council of all duties and obligations of the County and the Board, respectively, under said agreements: (i) Bond Indenture, dated as of April 1, 1992 (the "Bond Indenture"), by and between CFD 88-12 and First Trust of California, National Association, as successor fiscal agent (the "Fiscal Agent"); (ii) Joint Financing Agreement between Community Facilities District No. 88-12 of the County of Riverside and the City of Temecula, made and entered into as of April 1, 1992, by and between CFD 88-12 and the City; (iii) Joint Financing and Acquisition Agreement Among Community Fadlities District No. 88-12 of the County of Riverside (Ynez Corridor), Eastern Municipal Water District, the City of Temecula and Tomond Properties, A California Limited Partnership, made and entered into as of April 1, 1992, by and between CFD 88-12, the City, Eastern Munidpal Water District and Tomond Properties, a California general parmership CTomond"); and (iv) Joint Financing and Acquisition Agreement Among Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor), Rancho California Water District and Tomond Properties, A California Limited Parmership, made and entered into as of April 1, 1992, by and between CFD 88-12, Rancho California Water District and Tomond. The City Clerk shall cause written notice to be given to all parties to such agreements informing them of the foregoing assignments, and further informing the. Fiscal Agent that from and after the Effective Date the Administrator (as defined in the Bond Indenture) shall be the Finance Director of the City, as provided in Section 6(c) below. (c) The City Finance Director shall cause the calculations required under Section 3.10(a) of the Bond Indenture to be completed, and all other actions required under said Section 3.10 to be done, at the times and as otherwise required under the terms of the Bond Indenture. 5. Pa.vment of Costs of Transfer. All expenses of the Board, the County, the City Council, the City and their officers, employees and agents incurred under this Agreement or any of the other agreements referred to herein shall be expenses of CFD 88-12, payable from funds of CFD 88-12. The City Council shall cause the City Finance Director to pay, or cause to be paid, from any legally available funds of CFD 88-12, including but not limited to amounts in the Administrative Expense Fund and the Earnings Fund held under the Bond Indenture, the following: (i) within seven days of receipt by the City Finance Director of a written request of the County's Chief Administrative Officer therefor, any amount in respect of an expense incurred by the County or the Board described in the first sentence of this Section 5, which sets forth the amount to be paid and, in reasonable detail, the purpose or nature of the expense; and (ii) within seven days of a receipt by the City Finance Director of an invoice of a consultant referred to in Section 4(a) hereof that has been approved for payment by the County's Administrative Office, the amount so approved for payment. 6. Effect of Transfer of Jurisdiction. On or after the Effective Date (as described in Section 3(c) above), the following provisions shall apply: (a) The legislative body empowered pursuant to the Act to exercise all authority over CFD 88-12 shall be the City Council. (b) The legal name of the District shall be changed so that the words "County of Riverside" are deleted therefrom and replaced by the words "City of Temecula". (c) The Administrator under and as defined in the Bond Indenture (referred to in Section 4.Co)(i) above) shall be the Finance Director of the City or such other officer of the City as the City Council shall designate. (d) Neither the County nor any of its officers, members, employees, or agents shall bear any liability for any action taken with regard to CFD 88-12. 7. Indemnity by City. The City Council, on behalf of the City, hereby covenants that the City Council will cause the City and CFD 88-12 to assume the defense of, indemnify and save harmless the Board, the County and its officers, employees and agents and each of them, from and against all costs, actions, damages, claims, losses or expenses of every type or description to which they may be subjected or put, by reason of, or resulting from (a) any action by the City Coundl, the City or any officer, employee or agent thereof under or pursuant to this Agreement or any of the other agreements referenced herein, (b) any action by or on behalf of CFD 88-12 or the Administrator (as defined in the Bond Indenture) from and after the Effective Date (as described in Section 3(c) above), (c) any failure to comply with any requirements of Section 3.10 of the Bond Indenture arising from and after the Effective Date (as described in Section 3(c) above), including the payment of rebatable amounts which payment is to be made after the Effective Date but with respect to Rebatable Arbitrage (as defined in the Bond Indenture) arising at any time during the five year period described in Section 3.10(a)(1)(iii)(x) of the Bond Indenture in which the Effective Date occurs, and (d) any other cost or expense incurred in connection with the transfer of governance and administrative control of CFD 88-12 from the Board to the City Council. Any cost or expense incurred by the City Council, the City or its officers, employees or agents under this Section 7 shall be, to the extent legally permissible, an administrative expense of CFD 88-12 payable from any funds available for such purpose in the Administrative Expense Fund or the Earnings Fund established under the Bond Indenture. Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage, claim, loss or expense directly and solely attributable to the gross negligence or intentional misconduct of the Board, the County or its officers, employees or agents. 4 8. Effective Date of this Acyreement. This Agreement shall be effective on the date when it is signed by both of the parties ~ereto. 9. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts ~hall be construed together and have the same effect as if all the parties had executed the same instrument. 11. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. DATED: October 15, 1997 C1TY COUNCIL OF THE CITY OF TEMECULA APPROVED AS TO FORM: By: P r Thorson~ City Attorney ATTEST: Patricia H. Birdsall, Mayor By: June S. Greek, CMC/AAE, City Clerk DATED: BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE ATTEST: CLERK OF THE BOARD By: Name; Its: Chairman By: Name: Quint & Thimmig LLP CITY OF TEME~ LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS (Adopted July 22, 1997) I. INTRODUCTION. Section 53312.7(a) of the California Government Code requires that the City of Temecula (the "City") consider and adopt local goals and policies concerning the use of the Mello-Roos Community Facilities Act of 1982 (the "Act"), prior to the initiation of proceedings on or after January 1, 1994 to establish a new community facilities district CCFD") under the Act. Section 53368.2(d) of the California Government Code requires that the City adopt such local goals and policies prior to-the transfer of the governance of a CFD from the County of Riverside to the City. The following goals and policies are intended to satisfy the minimum requirements of the Act, and may be amended or supplemented by resolution of the City Council of the City as necessary or desirable with respect to any particular CFD. II. GOALS. The City will consider the use of the Act for financing of public facilities and services only in connection with development projects which will provide substantial economic benefits to the City, such as increased sales tax revenues. Any request for a CFD which is not integral to such a development project will be considered on a case by case basis. All City and consultant costs incurred in the evaluation of a new CFD will be paid by the proponents of the CFD or from unencumbered funds of the City. City staff shall use all reasonable efforts not to incur any expense for processing a CFD which is not ehgible to be reimbursed from CFD special tax or CFD bond proceeds. Expenses incurred by the City that are not chargeable to the CFD shall be borne by the proponents of the CFD to the greatest extent practicable. III. ELIGIBLE PUBLIC FACILITIES AND SERVICES.' The improvements eligible to be financed by a CFD must be owned by a public agency or public utility, and must have a useful life of at least five (5) years, except that up to five percent of the proceeds of an issue may be used for facilities owned and operated by a privately-owned public utility. The development proposed within a CFD must be consistent with the City's general plan and must have received any required zoning or spedfic plan approvals. A CFD shall not vest any rights to future land use on any properties, including those which are responsible for paying special taxes. The list of public fadlities eligible to be financed by a CFD include, but are not limited to, the following: · Streets, highways and bridges · Street lighting · Traffic signals and safety lighting · Landscaping in public right-of ways · Governmental facilities · Sanitary sewer facilities · Storm drain facilities · Flood control facilities · Potable and reclaimed water facilities · Utility relocations · Elementary and secondary school sites and facilities · Libraries · Public utilities · Police and fire protection facilities · Parks and recreation facilities · Biological mitigation measures involving land acquisition and dedication 20002.01:J3149 The funding of public facilities to be owned and operated by public agencies other than the City shall be considered on a case-by-case basis. If the proposed financing is consistent with a public facilities financing plan or development agreement approved by the C. ity, or the proposed facilities are otherwise deemed to be appropriate for financing by a CFD and are consistent with approved land use plans for the property, the City shall consider entering into a joint financing agreement or joint powers authority in order to finance these facilities. A joint agreement with the public agency that will own and operate any such facility must be entered into prior tO the resolution of formation relating to the formation of any CFD, unless otherwise permitted under the Act. The City will consider on a case-by-case basis CFDs established for the provisions of services eligible to be funded under the Act. Eligible services are as specified in the Act. IV. PRIORITIES FOR CFD FINANCING. Priority for CID financing shall be given to public facilities which: (a) are necessary for development to proceed in an orderly fashion, or (b) are otherwise coordinated to correspond to the phasing of the related private development project. If appropriate, the City shall prepare a public facilities financing plan as a part of the specific plan or other land use document that identifies the public facilities required to serve a project, and the type of financing to be utilized for each facility. The City will attempt to schedule construction of CID financed facilities in a manner such that private development will not occur ahead of the installation of public infrastructure necessary to support that development. V. CREDIT QUALITY REQUIREMENTS FOR CID BOND ISSUES. CID bond issues should have at least a three to one property value to public lien ratio after calculating the value of the financed public improvements to be installed and any private improvements for which financing is assured to the satisfaction of the City. Property value may be based on either' an appraisal or on assessed values as indicated on the County Assessor's tax roll. Any appraiser shall'be selected by the City, and the appraisal shall be based on standards promulgated by the State of California and otherwise determined applicable by City staff and consultants. The appraisal should be dated within six months of the date the bonds are issued. The public lien amount shall include the bond issue currently being sold plus any public indebtedness secured by a fixed lien on real property currently existing against the properties to be taxed. A reserve fund equal to the lesser of (i) ten percent of the original proceeds of the bond issue, (ii) the maximum annual debt service on the bonds, or (iii) one hundred twenty-five percent of the average annual debt service on the bonds shall be required for all bond issues for CFDs where less than fifty percent of the buildable acreage has been developed. A smaller reserve fund may be required by the City for bond issues in CIDs where over fifty percent of the buildable acreage has been developed. Less than a three to one property value to public lien ratio, excessive tax delinquencies, or projects of poor economic viability may cause the City to disallow the sale of bonds or require credit enhancement prior to bond sale. The City may consider exceptions to the above policies for bond issues that do not represent an unusual credit risk, either due to credit enhancement or other reasons specified by the City, or which otherwise provide identified public benefits, to the extent permitted by and subject to any applicable requirements of the Act. If the City requires letters of credit or other security, the credit enhancement shall be issued by an institution, in a form and upon terms and conditions satisfactory to the City. Any security required to be provided by or on behalf of the landowners may 'be discharged by the City upon the opinion of a qualified appraiser, retained by the City, that a value-to-lien ratio of three to one has been attained or based upon other criteria (such as diversity in ownership) spedfled by the City. As an alternative to providing other security, a portion of the bond proceeds may be placed in escrow with a corporate trust agent in an amount sufficient to assure a value-to-lien ratio of at least three to one on the outstanding bonds. The proceeds shall be released from the escrow at such times and such amounts as may be necessary to assure a value-to-lien ratio of at least three to one on the aggregate outstanding bonds and other indebtedness secured by real property liens as required. VI. DISCLOSURE REQUIREMENTS. A. Disclosure Reouirements for Develovers. Developers who are selling lots or parcels that are within a CFD sh~11 provide disclosure'notice to prospective purchasers that complies with all applicable requirements of Section 53341.5 of the Government Code. All such disclosure notices must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a CFD. B. Disclosure Reouirements for the Resale of Lot.~, The Finance Director of the City (or her designee) shall prdvide a notice of special taxes to sellers of property (other than developers) which will enable them to comply with any applicable notice requirements under Section 1102.6 of the Civil Code. This notice shall be provided by the Finance Director of the City (or her designee) within five working days of receiving a written request for the notice. A reasonable fee may be charged for providing the notice, not to exceed any maximum fee specified in the Act.. C. Comoliance With Federal Securities Laws. The City shall use all reasonable means to ensure compliance with applicable federal securities laws in connection with the issuance of debt and the provision of annual information regarding any CFD established by the City with respect to which bonds have been issued, including requiring any developer in a CFD who is material to the bond issue to transmit appropriate information to the City or its designee for disclosure to bond investors. Vll. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES. Special tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following expenses of a CFD: (a) 110 percent gross debt service coverage for all CFD bonded indebtedness, (b) all administrative expenses of the City related to the CFD, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the CFD. Additionally, the special tax formula may provide for the following: (a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the CFD, (b) the accumulation of funds reasonably required for future debt service, (c) amounts equal to projected delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by the Act. The special tax formula shall be reasonable in allocating public facilities' costs to parcels within the CFD. Exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owners' association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization 3 for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness. The total projected property tax levels for any CFD shall not exceed any maximum specified in the Act. The annual increase, if any, in the maximum special tax for any parcel shall not exceed any maximum specified in the Act. Special taxes may be subject to prepayment in whole or in part. The City may retain a special tax consultant to prepare a report which: (a) recommends a special tax for the proposed CFD, and (b) evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, City and CFD administrative costs, services (if applicable) and other related expenditures. Such analysis shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorem taxes and assessments on the properties within the CFD. VIII. APPRAISALS. The definitions, standards and assumptions to be used for appraisals shall be determined by City staff on a case-by-case basis, with input from City consultants and CFD proponents, and by reference to relevant materials and information promulgated by the State of California. In any event, the value-to-lien ratio shall be determined based upon an appraisal of the land within the proposed CFD by an independent MAI appraiser. The appraisal shall be coordinated by and under the direction of the City. The City may retain a consultant to prepare a report to verify market absorption assumptions and projected sales prices of the properties which may be subject to the maximum special tax in the CFD. IX. TERMS AND CONDITIONS OF BONDS. All terms and conditions of any CFD bonded indebtedness shall be approved by the City. The City will control, manage and invest, or cause to be controlled, managed and invested, all CFD bond proceeds. Each bond issue shall be structured to not negatively impact the bonding capacity or credit rating of the City through the special taxes, credit enhancements, foreclosure covenant, and reserve funds. All statements and material related to the sale of bonds shall emphasize and state that neither the faith, credit nor the taxing power of the City is pledged to the security or repayment of the bonds. The sole source of pledged revenues to repay CFD bonds shall be special taxes, bond proceeds and reserve funds held under the bond document, and the proceeds of foreclosure proceedings and additional security instruments provided at the time of bond issuance. X. USE OF CONSULTANTS. The City shall select all consultants necessary for the formation of the CED and the issuance of bonds, including the underwriter(s), bond counsel, financial advisor, appraiser, market absorption study consultant and the special tax consultant. Prior consent of any CFD proponent or any land owner within a CFD shall not be required in the determination by the City of the consulting and financing team. XI. EXCEPTIONS TO THESE POLICIES. The City may find in limited instances that a waiver of any of the above stated policies is reasonable given identified City benefits to be derived from such waiver. Such waivers only will be granted by action of the City Council of the City. WHEN RECORDED RETURN TO: City Clerk City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 AMENDED NOTICE OF SPECIAL TAX ~ FOR COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CrFY OF TEMECRJI~ (YNEZ CORRIDOR) Pursuant to the requirements of Section 53328.3 of the California Government Code and Section 3114.5 of the California Health and Safety Code, a Notice of Special Tax Lien For Community Facilities District No. 88-12 (the "Notice") with respect to the Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) (the "District") was recorded in the office of the County Recorder of the County of Riverside, State of California on April 16, 1990, as Document No. 137385. This Amended Notice of Special Tax Lien is being recorded pursuant to Section 53368.2(b) of the California Government Code in connection with a transfer of governance of the District from the Board of Supervisors of the County of Riverside to the City Council of the City of Temecula, and amends and restates the Notice in full. Reference is hereby made to the amended boundary map of the District filed pursuant to Section 53368.2(a) of the California Government Code recorded at Book of Maps of Assessment and Community Facilities Districts at Page , in the office of the County Recorder for the County of Riverside, State of California (the "Amended Boundary Map"), which is now the final boundary map for the District. Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor), State of California, hereby gives notice that a lien to secure payment of a special tax which the City Council of the City of Temecula, County of Riverside, State of California, sitting as the legislative body of the District, is authorized to levy is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose 'of: (1) paying principal and interest and other costs associated with bonds, the proceeds of which are being used to finance the construction, purchase, modification, expansion, improvement or rehabilitation of a performing arts and convention center, a library, park sites and facilities, certain roads and roadway improvements, flood control and storm drain facilities, water and sewer facilities and utility relocations and extensions and other appurtenant work and certain incidental expenses; and (2) providing moneys needed to create or replenish certain reserve funds. The special tax is authorized to be levied within the District which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the California Government Code. Rate and Method of Apportionment of Special Tax The rate, method of apportionment, and manner of collection of the authorized special tax .is as follows: A Special Tax shall be levied on and collected from each parcel of land in Ynez Corridor Community Facilities District No. 88-12 of the City of Temecula (herein "CFD No. 88-12") in each Fiscal Year commencing July 1, 1990, in an amount determined by the City Council of the City of Temecula as the legislative body of CFD No. 88-12 (the "City Council") in accordance with the rate and method of apportionment described below. All of the land in CFD No. 88-12, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner provided herein. "Annual Special Tax Levy" means the total amount to be levied in a Fiscal Year equal to the sum of amounts required to pay for (1) the Facilities and any Incidental . Expenses related thereto as such terms are defined in Resolution No. 89-390 of the Board of Supervisors of the County of Riverside, and (2) the annual debt service on the Debt of CFD No. 88-12 plus any amount needed to replenish any reserve fund established pursuant to a resolution authorizing the issuance of Debt plus the annual administrative expenses for the levy and collection of the Special Tax and for servicing the Debt of CFD No. 88-12 less the amount of funds which the City Council determines is available for such purposes. "Debt" means any binding obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from governmental agencies, or loans from banks, other financial institutions, or private businesses or individuals. "Special Tax" means the special tax authorized pursuant to the Mello-Roos Community Facilities Act of 1982, as 'amended, comprising Chapter 2.5 of Part I of Division 2 of Title 5 of the Government Code of the State of California, to be levied on the parcels of land within CFD No. 88-12. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Maximum Special Tax" means the Maximum Special Tax determined in accordance with Section C hereof that can be levied by the City Coundl in any Fiscal Year. B. Publicly Owned Larld No Special Tax shah be levied on a parcel of land which at the time of adoption of the resolution of formation for CFD No. 88-12 is owned by a public agency, or on any land which must be acquired by or dedicated to a public agency in order to construct any of the public facilities to be financed by CFE) No. 88-12. Any acquisition by any public agency of a parcel of land within CFD No. 88-12 subsequent to formation of CFD No. 88-12 for a purpose other than the acquisition or construction of the public facilities to be financed by CFD No. 88-12 shall require the public agency to continue to pay the Annual Special Tax Levy for such parcel or to prepay, in full, any special tax obligation on such parcel pursuant to the methodology specified in the resolution of issuance for any Debt of CFD No. 88-12. , C. Maximum S~ecial Tax Rate The Maximum Special Tax Rate shall be $10,000 per year per acre of land for Fiscal Year 1990-1991, which Maximum Special Tax Rate shall be increased on July I of each year, commencing on July 1, 1991, by an amount equal to 2% per annum above the rate in effect for the previous Fiscal Year. The area of each parcel of land to be used to calculate the Special Tax for such parcel is the acreage shown on, or calculated from, the latest Riverside County Assessor's maps for each Fiscal Year. D. Method of Ar~oortionment On or prior to August 10 of each year, or such later date as is permitted by law and consented to by the County Auditor, the City Council shall determine the Annual Special Tax Levy to be levied for the current Fiscal Year. The City Council shall cause to be computed the aggregate amount of Spedal Taxes which could be levied in such Fiscal .Year if the Maximum Special Tax Rate were levied against each parcel of lahd in CFD No. 88-12 not exempt from the levy of the Special Tax (the "Maximum Annual Special Tax Levy"). The required Annual Special Tax Levy shall be divided by the Maximum Annual Special Tax Levy and the resulting ratio shall be the "Apportionment Ratio"~ for the current Fiscal Year. The amount to be levied against each acr~ of land within each parcel for that Fiscal Year shall be determined by multiplying the Maximum Special Tax for that parcel times the Apportionment Ratio. The Special Tax shall be levied pro rata against all parcels based on the Maximum Special Tax for each parcel. E. Review/Appeal Board The City Council shall establish as part of the proceedings and administration of CFD No. 88-12 a special .three-member Review/Appeal Board. This Board shall construe and make determinations relative to the administration of the Special Tax as herein specified. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows: No provision for repayment of the special tax obligation has been made at this time; however, the City Council as reserved the right, in its resolution of issuance of any bonds issued in these proceedings, to determine whether, and if so under what conditions, the obligation to pay the spedal tax may · be prepaid and permanently satisfied. Notice is further given that upon the recording of the Notice in the office of the County Recorder, the obligation to pay the special tax levy became a lien upon all nonexempt real property within the District in accordance with Section 3115.5 of the Streets and Highways Code. Property Owners as of Recordation of Notice (April 16, 1990) The names of the owners of the real property included within the District as they appeared on the latest secured assessment roll as of the date of recording of the Notice are as follows: 3 Advanced Cardiovascular Systems, Inc. 26531 Ynez Road Temecula, CA 92390 Bank of America National Trust & Savings Assoc. c/o Tax Dept. No. 3245 P. O. Box 37000 San Francisco, CA 94137 Del Taco Restaurant 345 Baker Street Costa Mesa, CA 92626 Good Land Investments 2142 Liane Lane Santa Arm, CA 92705 John & Judy Harrison Gary & Harriet Anderson 26755 Ynez Road Temecula, CA 92390 Kaiser Development Co. 3470 Mt. Diablo Boulevard, Suite A100 Lafayette, CA 94549 Marubeni America Corp. 333 South Grand Avenue Los Angeles, CA 90071 Mission Chrysler/Plymouth 298 North Azusa Avenue West C0vina, CA 91791 Nicolas Tavaglione 3545 Central Avenue, Suite 200 Riverside, CA 92506 North County Bancorp P.O. Box 1476 Escondido, CA 92025 Pacific Southwest Realty Co. c/o C_orporate Tax H20-12 No. 342 P.O. Bax 2007, Terminal Annex Los Angeles, CA 90051 Rancho California Dairy Assoc. No. 2 c/o Rancho California Properties 29400 Rancho California Road Temecula, CA 92390 Rancho California Development Co. P.O. Box 755 Temecula, CA 92390 Rancho Mobile Home Estates 2312 West Olive Avenue, Suite A Burbank, CA 91506 Rancho Regional Shopping Center, Inc. c/a Bedford Properties 3470 Mt. Diablo Boulevard, Suite A100 Lafayette, CA 94549 Rancho Village Assoc. 29400 Rancho California Road Temecula, CA 92390 San Diego Federal Savings & Loan Assoc. (Now Great American) 600 B Street San Diego, CA 92101 Tomond Properties c/o Terraton Corp. P.O. Box 2159 Escondido, CA 92025 Toyota Motor Distributors, Inc. 19001 South Western Avenue Torrance, CA 90509 W'filiam & Patricia Johnson 29400 Rancho California Road Temecula, CA 92390 Worldwide Executives WMDT Parmership 40274 Paseo Sereno Temecula, CA 92390 4 Parcel Numbers as of Recordation of Notice (April 16, 1990) The assessor's tax parcel numbers, as of the date of the Notice, of all parcels or any portion thereof which are included within the District are as follows: 921-080-051-6 921-260-002-8 92t-260-O24-8 921-3(X)-005~ 921-080-053-8 910-130-005-9 910-130-022-4 921-680-O09o3 921-080-054-9 921-290-002-1 921-260-023-7 921-270-005-2 921-090-007-8 921-680-010-3 9214380-014-3 921480417-6 921-080-018-7 921-090-0034 921-090-004-5 921-090-005-6 921-090-006-7 921-090-017-7 921-260-016-1 921-260-017-2 921-260-018-3 921-260-0194 921-260-022-6 921-270-026-1 921-270-031-5 921-270-032-6 921-270-033-7 921-270-034-8 921-270-035-9 921-2704Y36-0 944-020-001-2 944-290-005-5 921-290-003-2 910-130-008-2 910-130023-5 911-170-(X)4-9 911-170005-0 Property Owners as of Most Recent Secured Roll (July 1,1997) The names of the owners of the real property included within the District as they appear on the most recent secured assessment roll are as follows: LGA7 1 Kemper Dr IM Long Grove, IL 6004943001 AEW LBA Acquisition Co *.*-~-O Von Karman Ave 150 Newport Beach, CA 92660 Herman G. Lemke 1200 3rd Ave .1405 San Diego, CA 92101-4109 Palm Plaza 111 W St 1010 San Jose, CA 95113 North County Park 'P O Box 462950 Escondido, CA 92045 Rancho Mobile Home Estates 29994 CoRe Cantera Temecula, CA 92591-1770 Armin Mandel, TR 530 Broadway 1206 San Diego, CA 92101 Del Taco Restaurant Prop 11 1800 W. Katella Orange, CA 92667 Todd & Alicia K. Hunter 29599 Cara Way Temecula, CA 92591-1770 Palm Plaza 700 S. Orange West Covina, CA 91790 Bank of America NT&SA P O Box 37000 San Francisco, CA 94137 Robert A. Santy 29587 Cara Way Temecula, CA 92591 Mervyns 777 Nicollet Mall Minneapolis, MN 55402 Halligan, Marcia A. 7937 E. Avenida De Sant Anaheim, CA 92807-5103 Louis W. Riddle, Jr. 29585 Cara Way Temecula, CA 92591 Kemper Lumbermens Prop Inc. P O Box 1459 Lafayette, CA 94549 Eli Lilly & Co Drop code 1085 Indianapolis, IN 46285 Homes Savings of America 49 Rivergrade Rd 3080 Irwindale, CA 91706 AEWALBA Acquisition Co~ 333 Bush St Daly City, CA 94014-4677 Chester R. Warden. 29583 Cara Way Temecula, CA 92591 Charles A. Sicfiiano 29581 Cara Way . Temecula, CA 92591 Eli Lilly & Co Lilly Corp Center Indianapolis, IN 46285 Atlantic Richfield Co P O Box 2485 Los Angeles, CA 90051 Howard W. Wellenbrink 29579 Cara Way Temecula, CA 92591 5 William J. Darrach 29577 Cara Way Temecula, CA 92591 Secretary of Veterans AFFAI 11000 Wilshire Blvd. Los Angeles, CA 90024 JWF Co. 10117 SE Sunnyside F409 Clackamas, OR 97015 Thomas C. Siftermann P O Box 892031 Temecula, CA 92589 Mark S. Hedges 9739 Wintergardens 4 Lakeside, CA 92040 Carla Smiling 29589 Cara Way Temecula, CA 92591 Daryl Anthony Sequeira 29580 Courthey PI Temecula, CA 92591 Robert H. Withers P O Box 6746 Portland, OR 97228 Robert H. Withers P O Box 6746 Portland, OR 97228 Jose Munoz 29592 Courmey PI Temecula, CA 92591 Ruth A. Bechtold 29596 Courtney P1 Temecula, CA 92591 Robert H. Withers P O Box 6746 Portland, OR 97228 Michael Carl Rook 29556 Courtney PI Temecula, CA 92591 Maureen A. Wilson 29560 Courtney PI Temecula, CA 92591 Lourena E. Osborne 29564 Courthey PI 21 Temecula, CA 92591 Donna L. Lufkin 29568 Courtney PI 22 Temecula, CA 92591 Jaime G. Portiilo 29572 Courthey PI Temecula, CA 92591 Charles A. Caruso, TR 14956 Lone Oak TR Ramona, CA 92065 Richard A. Salazar 12 Via Silla Rancho Santa Margarita 92688 Norwest Mortgage Inc. 3840 Rosin Ct Sacramento, CA 95&,M-1633 David A. Elasco 29540 Courmey PI Temecula, CA 92591 Susan J. Walter 29544 Courmey P1 Temecula, CA 92591 Robert H. Withers P O Box 6746 Portland, OR 97228 Fred A. Rubi 5587 Peacock Ridge 204 Rancho Palos Verdes 90274 Dorothy Grgas 29512 Courthey PI 31 Temecula, CA 92591 Robert H. Withers P O Box 6746 Portland, OR 97228 Kenneth Veasey 29520 Courtney P1 Temecula, CA 92591 Countrywide Home Loans Inc. P O BOx 10232 Van Nuys, CA 91410-0232 Leanne Rooks, TR 29526 Courtney PI Temecula, CA 92591 Robert H. Withers P O BOx 6746 Portland, OR 97228 Valerie S. Jadot 29817 Sun Country Lane Sun City, CA 92586 Dorothy A. Daily, TR 31106 Camino Del Este Temecula, CA 92591 Jon Pierce 25472 Courtney P141 Temecula, CA 92591 Shizu Brisendine 31112 Tecumseh Ct Temecula, CA 92592 Sherri A. Bargielski 295484 Courtney Pl Temecula, CA 92591 James O. & Carol A. 29488 Courlney PI Temecula, CA 92591-3775 Donald L. Hathcock 29441 Courthey PI Temecula, CA 92591 Mark H. Hull 29437 Courtney PI Temecula, CA 92591 Ronald P. Wilson 28411 Tulita Ln Menifee, CA 92584 Countrywide Home Loans Inc. 400 Countrywide Way SV35 Simi Valley, CA 93065-6298 Edward Segura 29425 Courtney PI Temecula, CA 92591 Nicholas E. Tavaglione 3545 Central Ave 200 Riverside, CA 92506 6 Ausencio Diaz 29470 Cara Way Temecula, CA 92591 Carol A. Johnson 4054 Georgia St San Diego, CA 92103 David Henderson 29476 Cara Way Temecula, CA 92591 Sandralee Gordon 532 Sandy Creek Dr Brandon, FL 33611 Harold V. Weingart 6641 Banyan PI Riverside, CA 92506 Nicholas E. Tavaglione 3545 Central Ave Riverside, CA Andrew L. Myers, Jr. 16516 Bernardo Center Dr. San Diego, CA 92128 Hillmy M. Donaldson 29452 Courtney PI Temecula, CA 92591 Steve D. Kornay 29448 Courthey P1 Temecula, CA 92591 Cindy R. Leisten 295475 Cara Way Temecula, CA 92591 Kurt J. Kreutzer 29479 Courthey PI Temecula, CA 92591 Lupe R. Martinez 29481 Courtney PI Temecula, CA 92591 Susan Carol Bottino 29483 Courtney PI Temecula, CA 92591 Thomas P. McGuire 29493 Cara Way Temecula, CA 92590 Secretary Housing & Urban 3 Hutton Centre Santa Ana, CA 92707 Phyllis L. Morrow 29489 Cara Way Temecula, CA 92591 James Sitz 5840 Brenner Los Angeles, CA 90042 Secretary Housing & Urban 3 Hutton Centre Santa Arm, CA 92707 Charlene Michalee 29505 Cara Way Temecula, CA 92591 Inez V. Stanley 29502 Cara Way Temecula, CA 92591 Karen A. Cranney 29501 Cara Way Temecula, CA Evelyn R. Katona 29497 Cara Way Temecula, CA 9255t-3779 Elisa Marie Lopez 29495 Cara Way Temecula, CA Joseph R. Johnston 29507 Cara Way Temecula, CA 92590 Luis Jubany 29509 Cara Way Temecula, CA 92591 Paul A. Cook, Jr. 29511 Cara Way Temecula, CA 92591 Nancy Gall Winchester 5380 Edgeview Dr Discovery Bay, CA 94514 Dennis Earl Conard 29515 Cara Way Temecula, CA 92591 Steven & Dawnetta Smith 29527 Cara Way Temecula, CA 92591-3768 James I. Vedenti 2805 Rainbow Glen Rd Fallbrook, CA 92028 David Maurice, TR P 0 Box 573 Temecula, CA 92593 Donald L. Patchen 29521 Cara Way Temecula, CA 92591 Secretary Housing & Urban 3 Hutton Centre Santa Ana, CA 92707 Craig C. Carlisle 29517 Cara Way Temecula, CA 92591 Nationsbank Mortgage Corp 11 E. Main Street Louisville, KY 40232-3768 Ryan Scott 29531 Cara Way Temecula, CA 92591 Clayton P. Vincent' 29533 Cara Way Temecula, CA 92591 Barbara L. Kerr 29535 Cara Way Temecula, CA 92591 Richard Ferriera P O BOx 908 Milmar, CA 95324 Joseph 1~ Doerr 29539 Cara Way Temecula, CA 92591 Phillipe Deschadwer 24153 Via Primavera Murrieta, CA 92562 Travis L. Fuentez 29545 Cara Way Temecula, CA 92591 7 Christina R. Burger 29543 Cara Way Temecula, CA 92591 David Ernesto Pacheco 29541 Cara Way Temecula, CA 92591 Michael Defrank 36200 Calle Puerto Temecula, CA 92591 Donald Bellavance 29553 Cara Way Temecula, CA 92591 Ian C. Yuri 29555 Cara Way Temecula, CA 92591 Homecomings Financial Netwo 4250 Executive Sq La Jolla, CA 92037-9104 Linda N. Weld 29559 Cara Way Temecula, CA 92591 Pat C. Wilson 29571 Cara Way Temecula, CA 92591 Sheraid Bagsby 29567 Cara Way Temecula, CA 92591 James R. Bassler 29565 Cara Way Temecula, CA 92590 William S. Allen 12917 Evalyn Ct Poway, CA 92064 Richard & Sandy Toussaint P O Box 75000 Detroit, MI 48275-0001 Joseph C. Stewart 29574 Car Way Temecula, CA 92591 Union Planters National Bank PO Box 1860 Memphis, TN 38101-1860 Burton Douglas Allen 29578 Cara Way Temecula, CA 92591 William A. Gebaurer 29580 Cara Way Temecula, CA 92591 Nicole J. Finn 916 Camino Estrada Carlsbad, CA 92009 Thomas L. Gregory 29584 Cara Way Temecula, CA 92591 John S. Norton 29586 Cara Way Temecula, CA 92591 Mark Gallant 29588 Cara Way Temecula, CA 92591 Scott & Jennifer Brady 29590 Cara Way Temecula, CA 92591-3773 Karyn L. Gabbard 29592 Cara Way Temecula, CA 92591 Gurfreet Dhillon P O Box 273 Duarte, CA 91009 Christine Ann Hazlistt 29606 Cara Way Temecula, CA 92591 David Michael Atldnson 45307 Esmerado Ct Temecula, CA 92592 J~tF Co. 10117 SE Sunnyside Clackareas, OR 97015 Countrywide Home Loans Inc. 400 Countrywide Way Simi Valley, CA 93065-6298 David W. Crook 29529 Cara Way Temecuia, CA 92591 Marius V. Iliescu 2959~ Cara Way Temecula, CA 92591 Porter A. Clark 39257 Salinas Dr. Murrieta, CA 92563 Tracy A. Scarborough 29600 Cara Way Temecula, Ca 92591 Freddie M. Richardson 29602 Cara Way Temecula, Ca 92591 Good Land Inv. 853 E. Valley Blvd. San Gabriel, CA 91776 Swedish American Corp 2533 N. Carson St. Carson. City, NV Wells Fargo Bank Natl. Assn. P O Box 63931 San Francisco, CA 94163 Donna L. Reeves 26755 Ynez Rd. Temecula, CA 92591-4686 Tomond Prop Ltd. P O Box 2169 Escondido, CA 92033 S&L Oil 28456 Century St. Hayward, CA 94545-4800 Marubeni Motor Service Inc. 350 S. Grand Ave. Los Angeles, CA 90071 Marubeni Motor Service Inc. 6950 Manchester Blvd. Buena Park, CA 90621 Advanced Cardiovascular Sys 333 S. Hope St. Los Angeles, CA 90071 Robert C. Gregory 1177 S. Victoria Ave. Ventura, CA 93003 Atwood & Andrews Dev. 40791 Daily Rd. Fallbrook, CA 92028 Ynez CCC Partners Ltd. 4275 Executive Sq. La Jolla, CA 92037 Philip G. Esbensen 6150 Yarrow Dr. Carlsbad, CA 92009 Donna Reeves 26799 Ynez Rd. Temecula, CA 92591 Donna L. Reeves 34520 De Portola Rd. Temecula, CA 92592 ' Donna L. Reeves P O Box 3010 Cerritos, CA 90702 Advanced Cardiovascular Sys 3200 Lakeside Dr. Santa Clara, CA 95052 MEG Inv. 2505 W. Florida Ave. Hemet, CA 92545-3607 KI FKLA Rancho Realty 3697 Mt. Diablo Blvd. Lafayette, CA 94549 150 Carriage Cir.. Hemet, CA 92545 Don B. Norris 1056 Heather Dr. Vista, CA 92083 Rancho, Calif Highlands II 29400 Rancho Calif Rd. Temecula, CA 92591 Kemper Lumbermens Prop. Inc. P O Box 1459 Lafayette, CA 94549 Marcia $. Halligan, et al 6937 E. Avenida De Sant Anaheim, CA 92807-5103 Nesbitt Partners Temecula V 5950 Canoga Ave Woodland Hills, CA 91367 Parcel Numbers as of Most Recent Secured Roll (July 1,1997) The assessor's parcel numbers, as of the most recent secured assessment roll, of all parcels or any portion thereof which are included within the District are as follows: 910130047-7 921291005-7 9212910S3-0 921292019-3 921720011-7 910130052-1 921291006,8 921291054-1 921292020-3 921720012-8 910130053-2 921291007-9 9212910~x%2 921292021-4 921 720013-9 910130054-3 921291008-0 9212910~6-3 921292022-5 921720014-0 910130056-5 921291009-1 921291057-4 921292023-6 921730002-0 910130059-8 921291010-1 921291058-5 921292024-7 921730004-2 910130060-8 921291011-2 9212910~9-6 921292025-8 921730005-3 910300001-0 921291012-3 921291060-6 921292026-9 921730006-4 910300002-1 921291013-4 921291061-7 921292027-0 921730007-5 91~ 921291014-5 921291062-8 921292028-1 921730008-6 910300006-5 921291015-6 921291063-9 921292029-2 921730009-7 910300007-6 921291016-7 921291064-0 921292030-2 921730010-7 910300008-7 921291017-8 921291065-1 921292031-3 921730011-8 910300010-8 921291018-9 921291066-2 921292032-4 921730012-9 910300011-9 921291019-0 921291067-3 921292033-5 921730013-0 910300012-0 921291020-0 921291068-4 921292034-6 921730014-1 921090048-5 921291021-1 921291069-5 921292035.7 921730015-2 921090051-7 921291022-2 921291070-5 921292036-8 921730016-3 921090052-8 921291023-3 921291071-6 921292037-9 921730017-4 921090053-9 921291024-4 921291072-7 921292038-0 921750001-1 92109(IFo4-0 921291025-5 921291073-8 921292039-1 921750002-2 921090055.1 921291026-6 921291074-9 921292040-1 921750003-3 921090056-2 921291027-7 921291075-0 921292041-2 921750(D44 9210900S8-4 921291028-8 921291076-1 921292042-3 921750(X)5.5 921090059-5 921291029-9 921291077-2 9212920434 921750006-6 921090060-5 921291030-9 921291078-3 921292044-5 921750007-7 921090061-6 921291031-0 921291079-4 921292045-6 921750008-8 921260016-1 921291032-1 921291080-4 .921292046-7 921750009-9 921260017-2 921291033-2 921291081-5 921292047-8 921750010-9 921260018-3 921291034-3 921291082-6 921292048-9 921750011-0 921260019-4 921291035-4 921292001-6 921300013-1 921750012-1 921260022-6 921291036-5 921292002-7 921320009-0 944290015-0 921260023-7 921291037-6 921292003-8 921320054-0 944290016-1 921260024-8 921291038-7 921292004-9 921680002-6 944290017-2 921260025-9 921291039-8 921292005-0 921680003-7 944 .3,.~1-0 921270026-1 921291040-8 921292006-1 921680004-8 944330002-1 921270034-8 921291041-9 921292007-2 921680008-2 944330003-2 921270037-1 921291042-0 921292008-3 921680010-3 944330004-3 921270043-6 921291043-1 921292009-4 921680012-5 944330005-4 921270044-7 921291044-2 921292010-4 921680013-6 944330007-6 921270045-8 921291045-3 921292011-5 921680014-7 944330010-8 921270048-1 921291046-4 921292012-6 921680015-8 944330011-9 921270050-2 921291047-5 921292013-7 921680017-0 944330012-0 921290008-7 921291048-6 921292014-8 921720001-8 944330013-1 921291001-3 921291049-7 921292015-9 921720006-3 944330014-2 921291002-4 921291050-7 921292016-0 921720008-5 921291003-5 921291051-8 921292017-1 921720009-6 921291004-6 921291052-9 921292018-2 921720010-6 District Boundaries 'Reference is made to the Amended Boundary Map described in the first paragraph of this Amended Notice of Special Tax Lien, which replaces the boundary map of the community facilities district recorded at Book 28 of Maps of Assessment and Community Facilities Districts at Page 22, in the office of the County Recorder for the County of Riverside, State of California, and the Amended Boundary Map is now the final boundary map of the community facilities district. Further Information For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Temecula, 43200 Business Park Drive, Temecula, California 92589-9033, telephone number (909) Dated: d~- , 1997 City ( City of Temecula FORM OF NOTICE TO PROPERTY OWNERS ,1~)7 To: Owhers of Property Located With the Boundaries of the Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor) Change in Governance of Community Facilities District No. 88-12 (Ynez Corridor) From the Board of Supervisors of the County of Riverside to the City Council of the City of Temecula Dear Property Owners: In 1990, the Board of Supervisors of the County of Riverside (the "Board of Supervisors") established Community Fadlities District No. 88-12 of County of Riverside (Ynez Corridor) (the "District") under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (constituting Chapter 2.5, commencing with Section 53311, of Part I of Division 2 of Title 5 of the California Government Code) (the "Act"). The City Council of the City of Temecula (the "City Council"). and the Board of Supervisors have entered into an Agreement for Transfer of Governance of the District from the Board of Supervisors to the City Coundl. Pursuant to Section 2(c) of that Agreement and Section 53368.2(c) of the Act, the City Clerk of the City of Temecula hereby gives notice to the property owners within the District as follows: 1. The amended name of the District is "Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor)." 2. The effective date of the transfer of jurisdiction for the District from the Board of Supervisors to the City Coundl is the date on which the City Clerk of the City of Temecula recorded an amended boundary map for the District and an amended notice of special tax lien for the District, as 'required by the Act, which occurred on , 1997. 3. The officer at the City of Temecula who will be responsible for annually preparing the current roll of the special tax levy and from whom the notice specified in Section 53340.2 of the Act (regarding the maximum special taxes that may be levied in the District) and other information regarding the District may be obtained is: Finance Director, City of Temecula, 43200 Business Park Drive, Temecula, California 92589- 9033, Phone No. (909) The transfer of the governance of the District as described above will not in any manner alter the rate and method of apportionment of the special taxes for the District, except that after the effective date of the transfer the annual special taxes will be determined and levied under the direction of the City Council. Sincerely, By: /s/ June S. Greek. CMC/AAE City Clerk, City of Temecula FORM OF REPLACEMENT BOND On ,1997 the Board of Supervisors of the County of Riverside transferred the governance of Community Facilities District No. 88-12 (Ynez Corridor) (the "District") to the City Council of the City of Temecula. The District is now officially named "Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor), and the City Council of the City of Temecula is the governing body of the District under the provisions of the Mello- Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code (the "Act"). This Bond is being delivered in replacement of outstanding bonds in compliance with Section 53368.2(e) of the Act. No change has occurred in the terms of the Bonds, except for the change in the legislative body for the District as aforesaid. No. $ UNITED STATES OF AMERICA STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (Yhraz CORm-r~R) SERIES 1992 SPECIAL TAX BONDS MATURITY DATE DATED DATE CUSIP ~ER June 1, 1992 REGISTERED OWNER: PRINCIPAL AMOUNT: COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) (the "District") situated in the City of Temecula (the "City"), County of Riverside (the "County"), State of California; FOR VALUE RECEIVED, hereby promises to pay, solely from certain amounts held under the Bond Indenture (as hereinafter defined), to the Registered Owner named above, or registered assigns, on the Maturity Date set forth above, unless redeemed prior thereto as hereinafter provided, the Principal Amount set forth above, and to pay interest on such Principal Amount from the Interest Payment Date (as hereinafter defined) next preceding the date of authentication hereof, unless (i) the date of authentication is an Interest Payment Date in which event interest shall be payable from such date of authentication, (ii) the date of authentication is after a Record Date (as hereinafter defined) but prior to the immediately succeeding Interest Payment Date, in which event interest shall be payable from the Interest Payment Date immediately succeeding the date of authentication, or (iii) the date of authentication is prior to the close of business on the first Record Date in which event interest shall be payable from June 1, 1992; provided, however, that if at the time of authentication of this Bond, interest is in default, interest on this Bond shall be payable from the last Interest Payment Date to which the interest has been paid or made available for payment or, if no interest has been paid or made available for payment, interest on this Bond shall be payable from June 1, 1992. Interest will be paid semiannually on March 1 and September 1 (each an "interest Payment Date"), commencing September 1, 1992, at the Interest Rate set forth above, until the Principal Amount hereof is paid or made available for payment. The principal of and premium, if any, on this Bond are payable to the Registered Owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the corporate trust office of First Trust of California, National Association (the "Fiscal Agent") in Los Angeles, California. Interest on this Bond shall be paid by check of the Fiscal Agent mailed, by first class mail, postage prepaid to the Registered Owner hereof as of the dose of business on the fifteenth day of the month preceding such Interest Payment Date (the "Record Date") at such Registered Owner's address as it appears on the registration books maintained by the Fiscal Agent; provided that such payment may be made by wire transfer in immediately available funds to an account in the United States designated by an Owner of at least $1,000,000 in aggregate principal amount of Bonds as described in the Bond Indenture. This Bond is one of a duly authorized issue of "Community Fadlities District No. 88-12 of the City of Temecula (Ynez Corridor), Series 1992 Special Tax Bonds" (the "Bonds") issued in the aggregate principal amount of $18,325,000 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311, et seq., of the California Government Code (the "Act"), for the purpose of paying the cost of Constructing and acquiring certain public facilities, paying certain costs related to the issuance of the Bonds and establishing a reserve fund. T13. e issuance of the Bonds and the terms and conditions thereof are provided for by Resolution No. 92-157 adopted by the Board of Supervisors of the County of Riverside acting in its capadty as the legislative body of the District (the "Legislative Body") on ,M~arch 31, 1992 .a. nd a Bond Indenture executed in connection therewith (collectively, the Bond Indenture '), and this reference incorporates the Bond Indenture herein, and by acceptance hereof the Registered Owner of this Bond assents to said terms and conditions. The Bond Indenture is governed by and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. Pursuant to the Act and the Bond Indenture, the principal of, premium, if any, and interest on this Bond are payable solely from certain amounts pledged under the Bond Indenture and the portion of the annual special taxes (the "Special Taxes") authorized under the Act to be levied and collected within the District and pledged to the repayment of the Bonds (the '2~let Taxes"). Any amounts for the payment hereof shall be limited to the Net Taxes and other amounts pledged under the Bond Indenture, except to the .extent that other provision for payment has been made by the Legislative Body, as may be permitted by law. The District has covenanted for the benefit of the owners of the Bonds that under certain circumstances it will commence and diligently pursue to completion appropriate foreclosure proceedings in the event of delinquencies of Special Tax installments levied for payment of prindpal and interest on the Bonds. The District is currently authorized to issue up to $41,675,000 in additional bonds payable from the Special Taxes which will rank equally as to security with the Bonds, but only upon satisfaction of certain terms and conditions set forth in the Bond Indenture. All Bonds are subject to special mandatory redemption from prepayments of Special Taxes by public agendes who acquire land in the District, as a whole or in part as nearly as practicable on a pro rata basis among maturities and by lot within a maturity, at the following redemption prices expressed as a percentage of the principal amount thereof, together with accrued interest to the date fixed for redemption: Redem.Dtion Dates Prior to September 1, 2000 September 1, 2000 and March 1, 2001 September 1, 2001 and March 1, 2002 September 1, 2002 and thereafter Redemption Prices 103% 102% 101% 100% 2 The Bonds maturing prior to September 1, 2001 shall not be subject to optional redemption prior to maturity. The Bonds maturing on or after September 1, 2001 may be redeemed prior to maturity, at the option of the District from any source of funds, on September 1, 2000, or on any Interest Payment Date thereafter, in whole or in part, in inverse order of maturity and by lot within a maturity, at the following redemption prices, expressed as a percentage of the principal amount thereof, together with accrued interest to the date of redemption: Redemotion Dates September 1, 2000 or March 1, 2001 September 1, 2001 or March. 1, 2002 September 1, 2002 and thereafter Redemr~tion Prices 102% 101% 100% In addition, the Bonds maturing on September 1, 2010 and on September 1, 2017 are subject to mandatory sinking fund redemption prior to maturity commencing on September 1, 2008 and September 1, 2011, respectively, in part, by lot, from Sinking Fund Payments (as defined in the Bond Indenture) at a price equal to the principal amount thereof, without premium, together with accrued interest to the date of redemption, to the extent, in the manner and subject to the terms of the Bond Indenture. In lieu or partially in lieu of any optional or mandatory redemption, moneys deposited for redemption may be used to purchase outstanding Bonds at public or private sale at a price not in excess of par plus accrued interest, plus in the case of optional redemption any applicable premium, as more fully provided in the Bond Indenture. Notice of redemption with respect to the Bonds to be redeemed shall be mailed to the registered owners thereof not less than 30 nor more than 60 days prior to the redemption date by first class mail, postage prepaid, to the addresses set forth in the registration books maintained by the Fiscal Agent. Neither a failure of the Registered Owner hereof to receive such notice nor any defect therein will affect the validity of the proceedings for redemption. All Bonds or portions thereof so called for redemption will cease to accrue interest on the specified redemption date;provided that funds for the redemption are on deposit with the Fiscal Agent on the redemption date. Thereafter, the registered owners of such Bonds shall have no rights except to receive payment of the redemption price upon the surrender of the Bonds. This Bond shall be registered in the name of the Registered Owner hereof, as to both principal and interest, and the District and the Fiscal Agent may treat the Registered Owner hereof as the absolute owner for all purposes and shall not be affected by any notice to 'the contrary. The Bonds are issuable only in fully registered form in the denomination of $5,000 or any integral multiple of $,5,000 and may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations of the same issue and maturity, all as more fully set forth in the Bond Indenture. This Bond is transferable by the Registered Owner hereof, in person or by his attorney, duly authorized in writing, at the corporate trust office of the Fiscal Agent in Los Angeles, California, but only in the manner, subject to the limitations and upon payment of the charges provided in the Bond Indenture, upon surrender and cancellation of this Bond. Upon such transfer, a new registered Bond of authorized denomination or denominations for the same aggregate prindpal amount of the same issue and maturity will be issued to the transferee in exchange therefor. 3 The Fiscal Agent shall not be required to register transfers or make exchanges of (i) any Bonds for a period of 15 days next preceding any selection of the Bonds to be redeemed, or (ii) any Bonds chosen for redemption. The rights and obligations of the District and of the registered owners of the Bonds may be amended at any time, and in certain cases without notice to or the consent of the registered owners, to the extent and upon the terms provided in the Bond Indenture. THE BONDS DO NOT CONSTITUTE OBLIGATIONS OF THE CITY OF TEMECULA, THE COUNTY OF RIVERSIDE OR OF COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE CITY OF TEMECULA (YNEZ CORRIDOR) FOR WHICH THE CITY OF TEMECULA, THE COUNTY OF RIVERSIDE OR THE DISTRICT IS OBLIGATED TO LEVY OR PLEDGE, OR HAS LEVIED OR PLEDGED, GENERAL OR SPECIAL TAXES, OTHER THAN THE SPECIAL TAXES REFERENCED HEREIN. THE BONDS ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE FROM THE PORTION OF THE SPECIAL TAXES PLEDGED UNDER THE BOND INDENTURE BUT ARE NOT A DEBT OF THE CITY OF TEMECULA, THE COUNTY OF RIVERSIDE, THE STATE OF CALIFORNIA OR ANY OF ITS POLITICAL SUBDIVISIONS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY LIMITATION OR RESTRICTION. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and manually signed by the Fiscal Agent. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the District, does not exceed any debt limit prescribed by the laws or Constitution of the State of California. IN WITNESS WHEREOF, Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor) has caused this Bond to be dated as of June 1, 1992, to be signed on behalf of the District by the Mayor of the City of Temecula by facsimile signature and attested by the facsimile signature of the City Clerk of the City of Temecula and has caused its seal to be reproduced hereon. ATTEST: Mayor of the City of Temecula, acting as the legislative body of Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor) City Clerk of the City of Temecula, acting as the legislative body of Community Facilities District No. 88-12 of the City of Temecula (Ynez Corridor) 4 FORM OF FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within defined Bond Indenture. Dated: By: FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Fiscal Agent Authorized Signatory FORM OF ASSIGNMENT FOR VALUE RECEIVED, the undersigned do(es) hereby sell, assign and transfer unto (INSERT SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER) the within-mentioned registered Bond and hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the books of the Fiscal Agent with full power of substitution in the premises. Dated: Signature Guaranteed Note: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company.. Note: The signatures(s) on this assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement, or any change whatsoever. ITEM 25 ORDINANCE NO. 97-19 AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0160 ~ING THE TEXT WITHIN SPECI~C PLAN NO. 199 TO IH~UCE THE DWELLING UNITS FROM 4,047 TO 3,922 UNITS, TO ELIMINATE THE COMM!~CIAL ACREAGE AT THE NORTHWEST CORNER OF RANCHO CALIFORNIA ROAD AND MEADOWS PARKWAY, TO ADD AN APPROXIMATi~LY 12.5 ACRE PARK AT THE SOU-THWF.~T CORNER OF LA SERENA AND ~ADOWS PARKWAY, AND TO REVISE ROADWAY CROSS-SECTIONS, DESIGN GUIDELINES, AND DEVELO~ STANDARDS, ALL WITHIN VILLAGE THE CITY COUNCIL OF THF~ CITY OF TI~MF_CULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOIJ. DWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Plaoning and Zoning laws of the State of California, and the City Code of the City of Temecula. The application land use district is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from rime to rime by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in affect the zone or zones as described in the above rifle. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a ~angaroo Rat trapping and update study, confirmed the validity of the original analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff prepared another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically U'affic, O~ds~97-19 I noise, and lighting, staff requested additional information from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified EIR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Resources Code Section 21166 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional F~IR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the ~IR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 4. ~ A. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the community. B. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Pian No. 199) is consistent with the goals and policies of the City's adopted General Plan. C. The project is compatible with surrounding land uses. The project proposes a reduction in the density and intensity of land uses. Ultimate development will be residential development in an area that is comprised of a variety of residential neighborhoods. D. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the planned land use of the site and is consistent with the overall concept of Specific Plan No. 199. E. The amendment to Specific Plan No. 199 does not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report No. 202. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Otxi~LO7-19 2 PASSRB, APPROVED, AND ADOPT!~ this 28th day of October, 1997. Patricia H. Birdsall, Mayor AT'FF_~T: hme S. Greek, CMC/AAE City Clerk [SEAL] STATE OF CALIFO~ COUNTY OF RIVERSIDE) ss CITY OF TF. MF~ULA I, lune S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97-19 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of October, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 28th day of October, 1997 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMI=~MBERS COUNCILMEMBER~ June S. Greek, CMC/AAE City Clerk 0rd~97-19 3 ITEM 26 ORDINANCE NO. 9%20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECLrLA APPROVING THAT CERTAIN DEV~OPMENT AGI~IEN-T ENTITLI~ 'AMENDMEVr AND RESTA~NT OF DEVELOPMENT AGREEM]/~T, SPECIFIC PLAN NO. 199, VILLAGE A, PLANNING AREAS 33 TO 38, 40 TO 44 AND 46, PLANNING APPLICATION NO. PA97-412/M 'MARGARITA VILLAGE,' TEMEKU HILLS DEVELOPMF-NT PARTNERS, L.P. AND UDC HOMES, INC." ~ CITY COUNCIL OF THE CITY OF TEIVlECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOr.tOWS: Section 1. Temeku I-Ii!l.~ Development Partners, L. P. filed Planning Application No. PA97~04 in accordance with the City of Temeada Gmeml Plan and Development Code. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning laws of the State of California, and the City Code of the City of Temecula. Section 2. Environmental Comnliance. Environmental Impact Report No. 202' was prepared for Specific Plan No. 199 and was certified by the Riverside County Board of Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional studies were undertaken to update and complement the original EIR. The additional studies, a geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the validity of the o 'nginal analysis. It has been eleven (11) years since the original environmental analysis was performed for this project. Therefore, Staff In'epar~ another Initial Environmental Assessment to examine the question of whether any impacts beyond those analyzed in the previous EIR and subsequent studies would result from the proposed project, changes in circumstances, or new information. In areas where there was a potential change in circumstances, specifically traffic, noise, and lighting, staff requested additional inforotation from the applicant. Based upon Staff's analysis, the project is consistent with the information contained in the previously certified ~IR. Due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analysis. Under California Public Reso~ Code Section 211/6 and Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not 0~ds\97-20 I have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 3. ~ The City Council in approving the proposed Development Agreement, makes the following findings, to wit: 1. The development to be carried out pursuant to the Development Agreement is consistent with the General Plan. 2. The Development Agreement and the development to be carried out hereunder complies with all other applicable requirements of State law, City ordinances and Specific Plan No. 199. Section 4. The City Council hereby approves that certain agreement entitled 'Amendment and Restatement of Development Agreement between City of Temecula and Temeku Hills Development Partners, L. P. and UDC Homes Inc." and authorizes the Mayor to execute the Agreement in substantially the form of Exhibit A, attached hereto. Section 5. The City Clerk is directed and authorized to record the Agreement. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posl~d in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. 0rd~\97-20 2 PASSED, APPROVED, AND ADOPTED this 28th day of October, 1997. ATFF_,ST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97-19 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of October, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 28th day of October, 1997 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: lune S. Greek, CMC/AAE City Clerk Orda\97-20 3 EXHIBIT "A" RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (Space Above Line For Recorder's Use) AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199, VILLAGE A PLANNING AREAS 33 to 38, 40 to 44 and 46 PLANNING APPLICATION NO. PA 97-0204 "MARGARITA VIIJ~GE" TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. UDC HOMES, INC. - AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and " TEMEKU HILLS DEVELOPMENT PARTNERS, L.P. and UDC HOMES, INC. This Amendment and Restatement of Development Agreement ("Agreement") is entered into by and among the City of Temecula, a California Municipal Corporation ("City") and Temeku Hills Development Partners, L.P., a California limited parmership ("Temeku Hills"), and UDC Homes, Inc. a California corporation ("UDC"). Temeku Hills and UDC are sometimes referred to herein collectively as "Owner." RECITALS A. Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Margarita Village Development Company (Buie-Rancho California and Nevada-Rancho California) and others and the County of Riverside, California ("County") entered into Development Agreement No. 5 recorded in the Official Records of Riverside County, California on November 7, 1988, as Instniment No. 325515 ("Development Agreement No. 5"). B. Development Agreement No. 5 encompasses a project formerly located within County approved S. pecific Plan No. 199 known as "Margarita Village," a mixed use subdivision, (the "Original Project"), to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, a 472 acre residential development located in a portion of Specific Plan No. 199, Village A, known as Temek'u Hills Golf and Country Club (the "Project"). The balance of the Original Project covered by Development Agreement No. 5 not included within this 472 acre portion of Specific Plan No. 199, Village A, is not amended or impacted by this Agreement. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. 5 upon incorporation of the City. Pursuant to Temeku Hills obtaining tifie to the Project as recorded in the Official Records of Riverside County, California on May 3, 1996 as Instrument No. 162332, and UDC obtaining title to a portion of the Project from Temeku Hills as · recorded in the Official Records of Riverside County, California on April 18, 1997, as Instrument No. 132180, and pursuant to the provisions of Development Agreement No. 5, Temeku Hills and UDC became successors-in-interest to the "Owner" described in Development Agreement No. 5. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 5 to substitute this Agreement for Development Agreement No. 5, but only to the extent Development Agreement No. 5 pertains to the Project. mmillin~colubinl~l.da/1 ~.ootzo~ -2- E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal botmdaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By entering into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of Members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in this Agreement. G. The terms and conditions of this Agreement have undergone extensive review . by the staff of the City, the Planning Commission of the City, and the City Council of the City and have been found to be fair, just, and reasonable. H. The City fmds and determines that it will be in the best interest of its citizens and the public health, safety and welfare will be served by entering into this Agreement. I. All ofthe procedures and requirements of the California Environmental Quality Act relevant to this Agreement have been met. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City ("RSA Fees"). City requires these revenues to ~aitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the Project. K. Development Agreement No. 5 provided for public facilitie~ and services impact fees ("County Development Agreement Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Development Agreement Fees or RSA Fees. Consequently, after extensive study, and public input and hearings, the City has adopted a Development Impact Fee for detached units of $2,934 per unit and for attached units of $2, I14 per unit. Therefore, the City is willing to reduce the County Development Agreement Fees for residential development in the Project to the level contemplated by this Agreement. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public infrasuucture facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include without limitation: .j mcadllJn~:ombined.da/1 m~.0o~om~ -3- (2) (3) (4) (5) (6) completion of vacant lots in Project; payment of signal mitigation fees; payment of library fees; payment of park fees; payment of Fire Protection Impact Fees; and payment of Street System Impact Fees. All of the fees described above are a part of, and included within, the Public Facilities Fee contemplated herein. M. The City and Owner acknowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N. The City Council of the City has approved this Agreement by Ordinance No. adopted on , and effective on ("Effective Date"). On the Effective Date, Development Agreement No. 5 shall be terminated and of no further force and effect as to the Project only, having been replaced by this Agreement. NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and. sufficiency of which is hereby acknowledged and incorporated herein, the parties agra: 1. Definitions. In this Agreement, unless the context otherwise requires, the following words a~,d phrases shall have the meaning set forth below: 1.1 "City" is the City of Temecula. 1.2 "City Public Facilities Fee" is an amount established 5y Ordinance of City as more particularly defined in Section 12.3 of this Agreement. 1.3 "City's Quimby Requirement" means Owner's obligation to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as tile same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, as more particularly defined in Section 12.2 of this Agreement. 1.4 "County" is the County of Riverside. 1.5 "County Development Agreement F~e" means the County public facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 5. 1.6 "Development Agreement Fee" means the development agreement fee set forth in Section 12.6 of this Agreement. 1.7 "Development Exaction" means any requirement of the City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.8 "Development Plan" means the Existing Development Approvals. 1.9 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30) days following the date the City Council adopted such Ordinance. 1.10 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the Effective Date, including, without limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County. 1.11 "Existing Land Use Regulations" means those Land Use Regulations listed on Exhibit B, attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. 1.12 "Financing District" means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California Oovemment Code Section 53311 et ~q., as amended); an assessment district formed pursuant to Landscaping and Lighting Act of 1972 (California Street and Highways Code Section 22500 et seq. as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California Streets and Highway Code Section 10102, as amended); or any other special assessment district existing pursuant to Sate law formed for the purpose of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1.13 "Hazardous Substance" shall include, without limitation, any flammable explosives, radioactive materials, asbestos, polychlorinated bipbenyls, chemicals knowii to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5(e)(2), as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic substances or related materials. Notwithstanding the foregoing, "Hazardous Substances" shall not include substances customarily used in developing, operating or maintaining developments similar to the project, provided all such substances are used, stored, and disposed of in accordance with all applicable laws. '1 1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and written official policies of City, governing the development and use of land including without limitation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a) The conduct of businesses, professions, and occupations; (b) Services District; Taxes, assessments and rates and charges of the City's Community (c) The control and abatement of nuisances; (d) The granting of encroachmen{ permits and the conveyance of rights and interest which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. 1.15 "Owner" means Temeku Hills Development Partners, L.P., a limited parmership, UDC Homes, Inc., a California corporation, and any successors in interest to Temeku Hills and UDC 1.16 "Project" is the development of the Property in accordance with the Development Plan. 1.17 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1. I$ "Remaining Units" means all remaining residential dwelling units within the Project aRer the 608th such residential unit, all as more particularly described in Section 12.5(b) of this Agreement. 1.19 "RSA Fee" means the fee established by County Ordinance No. 659, adopted by City by Ordinance No. 90.04. 1.20 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1.21 "Subsequent Land Use Regulation" means any Land Use Regulation applicable to the Property adopted and effective after the Effective Date of this Agreement. memi#in~ombim~l.dl/1 8s~6.~o~;o~o397 -6- 2. Interest of Owner. Owner represents that it has the fee title interest in the Property and that all other persons holding legal or equitable interest in the Property are to be bound by this Agreement. 3. Exhibits. The following documents referred to in this Agreement are attached hereto, incorporated herein, and made a part hereof by this reference: Exhibit Designation Desefipfign B. C. D. Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Assignment and Assumption of Development Agreement Notice From Mortgagee Fee Matrix 4. Term. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafl~-r, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of the final order after exhaustion of any appeals, directed against the City as a result of any lawsuit filed again,st directing the City to set aside, withdraw, or abrogate the approval by the City Council of the City of this Agreement. 5. Assi_munent. 5.1 Ri_~ht to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et se~., or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, parmership, joint venture, fn'm; or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number, where a true and correct copy of this Agreement may be mcmillin~:ombbat .d~/1 . obtained from the Riverside County Recorder, in any grant deed or other document purporting to transfer the title or an interest in the Property during the term of this Agreement or any extension thereof. (b) Concurrent with any such sale, transfer, or assignment, or within fifteen (I5) business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in the form attached hereto as Exhibit D, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 'Release of Transferrin~ Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by the City, which release shall be provided by the City upon the full satisfaction by such transfe ,r!'ing Owner of ALL of the following conditions: (a)-' The Transferring Owner no longer has a legal interest in all or any pan of the Property except as a beneficiary under a deed of trust. (b) The Owner is not then in default under this Agreemint. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5. I above. (d) The purchaser, transferee, or assignee has provided City with security equivalent to any security previously provided by the Transferring Owner to secure performance of its obligations hereunder. (e) The Transferring Owner has reimbursed the City for any and all City costs associated with Owner's transfer of all or a portion ef the Property. 5.3 Termination of A~reerllent with Respect ~ Individual I,,OtS uz~n Sale to Public and Completion of Construction. Notwithstanding Subsection 5.1, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4 Subseo~4ent Assismment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing f'mancing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such requested interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and provided further that the City will be entitled to exercise its discretion in accordance with applicable law. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications with~n~ thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of-this Agreement shall defeat, render invalid, dimini~ or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form as attached hereto as Exhibit E, attached hereto and incorporated herein by this reference, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee, in the form set forth on Exhibit F.,, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such notice. m~ll~:omt~.da/1 ~6.om~o~m~ -9- (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affu'mative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be extended based on the fact that a Mortgagee holds title to the Property for all or any part of the term of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any fights to develop which have or may have vested as a result of this Agreement. 7. Bindir!.g Effect of Am'cement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. Project as a Private UndertakingRelationship of Parties. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 9. .Chang,es in Project. No change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval of the City. City may expand the penniRed uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timinn of Develo~t)ment. The parties acknowledge that Owner cannot at this · time predict when, or the rate at which, the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camafi!10, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the ~_ming of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties, it is the parties' intent to cure the deficiency by acknowledging and providing that the Owner shall have the right to develop the property in such order, at such rate, and at such 8.~36.001/0~0397 -10- times as the Owner deems appropriate within the exercise of its-subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11. indemnity and Cost of Litigation. 11.1 H91d Harmless. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indemnification requirement shall survive the termination or expiration of this Agreement. I 1.2 Thirfl Party I,,itigafion Concemint A~eement. Owner shall indemnify, protect, defend, at its expense - including attorney's fees, and hold harmless City, its officers, employees, or agents against any loss, cost expense, claim, or counter-claim, complaint, or proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by any third party. City shall promptly notify Owner of any such claim, action, or proceeding and City shall cooperam in the defense. If City falls to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim,. action, or proceeding. 11.3 Environmental Assurances. Owner shall indemnify, protect, defend with counsel approved by City, and hold harmless City, its officers, employees,_agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interests, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxitication, or preparation and implementation of any removal, remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action) concerning a H~'ardous Substance or hazardous wastes at'any place within the properly which is the subject of this Agreement. The foregoing indemnity extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 10?(e) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. .j 1.1.4 Release. Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or'because of the terms of this Agreement. 11.5 Reservation of Ris~hts. With respect to Sections 11.1 through 11.4 herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorney's fees, upon billing and accounting therefor. I 1.6 S. urviv.al. The provisions of this Section 11.1 to I 1.6, inclusive, shall survive the termination of this Agreement. 12. Public Benefits. Public lmvrovements and Facilities. 12.1 Inte.nt. The parties acknowledge and agree that this Agreement confers private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the Barties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2 Ouimb¥ Requ.irenlent. Temeku Hills shall satisfy its obligations to dedicate park land or pay in lieu park fees under Riverside County Ordinance No. 460.93, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04 ("City's Quimby Requirement") as follows: (a) Temeku Hills shall dedicate to the City land for a fully improved park to be used for recreational purposes in accordance with the City's Quimby Requirement, in a size to be determined as set forth below, prior to the issuance of the 608th building permit for residential dwelling units in the Project. The size of the park described above in this Section 12.2(a) shall be calculated in the following manner: (i) Multiply the number of dwelling units in the Project by 2.59 (the average number of persons per dwelling unit), and then divide that sum by 1,000. (ii) Multiply the quotient obtained by the calculation in subparagraph (i) above by five (5) (the number of acres required per 1,000 people). mmnill~in~l.da~ I ss~6.ool;om:~ -12- (iii) The result of the multiplication obtained in sub-paragraph (ii) above shall constitute the size of the park to be dedicated by Ternelm Hills to the City, subject to reduction for the credits set forth in Section 12.2(b) below. (b) The park described in Section 12.2(a) above shall be reduced in size by the following credits: (i) An acreage credit determined by multiplying the size of the park determined in accordance with Section 12.2(a) by twenty-five percent (25%) for the Temeku Hills Golf Course located within the Project. (ii) A 2.5 acre credit for Veterans Park. (ii) An acreage credit of 1.10 acres determined by multiplying the 2.2 acre common recreational facilities located within the Project by fifty percent (50%). (c) By way of example only, if the number of dwelling units in the Project is 1,449, the size of the park to be dedicated by Temeku Hills to the City pursuant to this Section 12.2 shall be as follow: 1,449 dwelling units x 2.59 persons, divided by 1,000, multiplied by 5 acres -- 18.76 acre park; 18.76 acre park, less the following credits: (4.69) acre credit (25% golf course credit x 18.76 acre park) (2.50) acre credit for Veterans Park (I.10) acre credit for the common recreational facilities (2.2 acres x 50%). 10.47 acre park required (d) Upon dedication of the land for a park as provided in Section 12.2 (a) above, Ternelm Hills' shall design and complete conslxuction of park improvements thereon similar to other public parks of the same size and classification prior to the issuance of the 608th building permit for residential dwelling units in the Project. 12.3 Public Faci!itje~.Fee. In lieu of the County Development Agreement Fee, Owner shall pay the City Public Facilities Fee for residential units as follows: (a) For each detached dwelling unit, the amount of Two Thousand Nine Hundred and Thirty-Four Dollars ($2,934.00), inclusive of Street System Impact Fees ($729.00), Traffic Signal and Traffic Control System Fees ($109.00), Parks and Recreation Impact Fees ($1,611.00), Corporate Facilities Impact Fees ($222.00), Fire Protection Impact Fees ($55.00) and Library Impact Fees ($208.00). lu:miJlb'q~lmlilal.dll/I 8.s~.oo~o~ -13- (b) For each attached dwelling unit, the amount of Two Thousand One Hundred and Fourteen Dollars ($2,114.00), inclusive of Street System Impact Fees ($511.00), Traffic Signal and Traffic Control System Fees ($77.00), Parks and Recreation Impact Fees ($1,209.00), COrporate Facilities Impact Fees ($118.00), Fire Protection Impact Fees ($42.00) and Library Impact Fees ($156.00). The City Public Facilities Fee shall be paid as provided in Section 12.8 below. Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad Central Valley, Inc. v. City. of Modesto, (I994) 25 Cal.App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to challenge the validity or amount of any such other public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the City Public Facilities Fee has been enacted by the City and applied to residential development projects in the City. Owner acknowledges and agrees that the City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project. Owner further acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, to challenge the validity, amount, or application of the City Public Facilities Fee, including paying such fees "under protest" pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to smnnm.ry ten'ninati. on hereof. 12.4 Public Facilities Fee Adjustment. The fees required by Section 12.3 above shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (a) Divide the CPI for month and year of the Effective Date into the CPI for the month immediately preceding the anniversary in which the fees are to be adjusted. (b) Multiply the quotient obtained by the calculation in sub-paragraph (a) above times the fees to be adjusted. (c) The result of the multiplication obtained in sub-paragraph (b) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees.after adjustment be less than the fees set forth in Section 12.3 above. '12.5 Public Bene.~ts and Credits. In consideration of Temeku Hills dedicating, designing and improving a public park, providing the existing Veterans Park and setting aside substantial private usable open space within the Project, all as more specifically set forth in Section 12.2 above, Temeku Hills shall be entitled to an offset against the Park and Recreation Impact Fees paid by Temeku Hills as a component of the City Public Facilities Fee for the actual costs expended by Temeku Hills for the design and construction of the park described in Section 12.2 above (as evidenced by actual third party invoices), including a reasonable overhead burden of 10% of such actual costs (the "Park Fee Offset"). As a result of the Park Fee Offset, the Park and Recreation Impact Fees paid as a component of the City Public Facilities Fee shall be affected in the following manner: (a) Eliminated for the first 608 building permits issued to Owner for residential dwelling units within the Project; and (b) Eliminated for the number of building permits issued to Temeku Hills for residential dwelling units constructed in excess of 608 units until such time as the Park Fee Offset has been exhausted. (c) By way of example only, assuming the cost to improve the park described in Section 12.2 above is One Million Five Hundred Thousand Dollars ($1,500,000), and the Park and Recreation Impact Fee, including the Development Agreement Fee, is $1,772.10, the number of building permits in excess of 60g units to be issued to Temeku Hills for which the Park and Recreation Impact Fees component of the City Public Facilities Fee would be eliminated as a result of the Park Fee Offset is as follows: $1,772.10 park fee x 608 dwelling units = $1,077,436.80 $1,500,000 park improvements - $1,077,436.80 -- $422,563.20 Park Fee Offset $422,563.20 Park Fee Offset + $1,772.10 park fee -' 238.45 building permits in excess of 608 issued for which no Park and Recreation Impact Fees would be paid (for a total of 846.45 building permits for which no Park and Recreation Impact Fees would be paid including the first 60g building permits) - -15- 12.6 Development Agreement Fee. In consideration of the City granting to Owner the rights and benefits contained within this Agreement, Owner shall pay to the City a development agreement fee in an amount equal to ten percent (10%) of each component of the City Publit Facilities Fee described in Section 12.3(a) or 12.3(b), as the same may be increased from time to time pursuant to Section 12.4 above (the "Development Agreemere Fee"). The Development Agreement Fee shall be added to the City Public Facilities Fee and paid as provided in Section 12.8 below. 12.7 Fee Matrix. Attached hereto as Exhibit F is a Fee Matrix showing the City Publi~ Facilities Fee, and the individual components thereof, the credits applicable to the City Public Facilities Fee, and components thereof, and the Development Agreement Fee. 12.8 Timing. The.City Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed on the Property. Collection of any and all interim Public Facilities Fees, or component thereof (or when combined with the Park and Recreation Impact Fees) paid by the Owner for all home units constructed prior to adoption of this Agreement, in surplus to those fees contained herein, shall be credited to Owner. 12.9 Other Apl~licable Fees. (a) Owner also shall pay all other customary and typical development exactions, for a project of this size and nature, in existence as of the Effective Date and throughout the tergt. of this Agreement, not included in the City Public Facilities Fee, pursuant to provisions of City ordinances and resolutions in existence when paid. (b) The parties hereto agree that to the extent the applicable Stepben's Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement by both parties, those fees remain applicable to the Project. 12.10 Public Works. If Owner is required by this Agreement or any other obligation, to construct any public works facilities wl'dch will be dedicated to City or ~my other public agency upon completion, and if required by applicable laws to do so, Owner shall perform such 'work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. -16- 12.11 preference. In the event the City approves, enacts or applies a City Public Facilities Fee or any component thereof, in an amount which is less than the amount(s) provided in Section 12.3 above, or if the City approves, enacts or applies a City Public Facilities Fee 6r any component thereof, for any other detached residential dwelling units in an amount which is less than applicable to the Project, or if the City approves, enacts or applies a Development Agreement Fee which is less than provided in this Agreement, or if the City approves, enacts or applies any other fee which serves the same or similar purposes of the Development Agreement Fee, or the City Public Facilities Fee in an amount which is less than provided in this Agreement, the City shall adjust the amounts of the City Public Facilities Fee, and/or Development Agreement Fee applicable to the Project to equal the lesser fee amount(s). If any attached dwelling units are constructed in the Project, the City agrees to apply the adopted components and fees for attached residential units with the same proportional adjustments and credits as set forth in Section 12 of this Agreement. 13. Reservation of Authority. 13.1 Limitations. Reservations. and Excentions. Notwithstanding any other provision of the Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. (b). Regulations governing construction standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Cade, Electrical Code, and Fire Code. (c) Regulations which are NOT in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or tim/ng of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (d) Regulations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subseouent Develovment Av_m'ovals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 'd 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. In that event, however, this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract Map Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, any current or future tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan, including without limitation Revised Tentative Tract Map 23371, shall be extended to expire at the end of the term of this Agreement. 13.6 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereat~er approved in eormecfion with the development of the property, is a vesting map under the Subdivision Map Act (Oovemment Code Section 6641,0, et .~q.) and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable in,far as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 13.7 Tentative Tract Mans - Perimeter Wa!!.~. The conditions of approval for tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be amended to provide that the construction of perimeter walls and installation of landscaping and irrigation systems, that would otherwise be required to be completed prior to the construction of any residential dwelling units, shall be constructed in phases as the adjacent tracts are developed within the Project. 13.8 Maintenance of Project Land~caoe Areas. Owner shall form a homeowners' association which shall maintain all landscape areas within the Project including, without limitation, all block walls and entry monuments located within the Project. Notwithstanding the foregoing, the City acting through its Community Services District and upon compliance with all applicable laws including, without limitation, any necessary public voting procedures, shall consider maintaining all exterior landscape areas (excluding block walls and entry monuments) within the Project adjacent to main collector streets having widths of sixty-six feet (66') or larger. Unless these areas are accepted by the City's Community Services District for maintenance, they will be maintained by the homeowner's association. 13.9 Margarita Road Reimbursement. Owner's obligation to reimburse the City for the cost of constructing certain roadway improvements to the east side of Margarita Road from Rancho California Road to La Serena shall be $185.00 per residential unit applicable to the first 800 residential units constructed in the Project, all as more specifically set forth in that certain Reimbursement Agreement recorded in the Official Records of Riverside County on July 14, 1994, as I~ent No. 281356. 13. I0 Modified Street Sections. The Existing Development Approvals incorporate the conversion of previously designated "private streets" within the Project to public streets. To accommodate the conversion of private streets to public streets within the Project, and as more fully set forth in the Existing Development Approvals, the City has approved one type of~nodified street sections for Tracts 23371-1 through 23371-7, and another type of modified street sections for the remainder of the Project. 13.11 Park Imorovement Aereemet!t and Secur~. For park improvements, recreation facilities, slopes and landscaping proposed for dedication to the City's Community Services District pursuant to this Agreement, Owner shall enter into an Improvement Agreement and post securities for said improvements concurrently with the recordation of the tracts where the improvements are located. NO. 5 14. Develooment of the .Prooertv, Vesting, Termination of Deve!ooment A~eeme0t 14.1 Rie. hts to Develop. Subject to the terms of this Agreement, including payment of the City Public Facilities Fee and the Development Agreement Fee, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permiRed uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of Aere~ent. 90 ~and Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the City Public Facilities Fee, the rules, regulations, and official policies governing permiRed uses of the Property, the density and intensity of use of the Property, the maximum height size of proposed buildings, and the design, improvement and construction standards and specifications mmillin~nubined.da/1 ~.oo~mr~ -19- applicable to development of the Property shall .be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the City Public Facilities Fee and the Development Agreement Fee. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. i4.3 Changes and Agreements. The parties acknowledge that refinement and further development' of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutuall~ desirable in the Existing Development approvals. In the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated herein as addendum to this Agreement and may be further changed from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, associated with any amendment or change to this Agreement that is initiated by Owner or Owner's successor -- without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement l~rovided such a change does not: (a) Alter the permitted uses of the Property as a whole, except as provided in Section 9 hereof, or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Termination of Develovment Arecement N9. 5. Both the City and the Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. 15. Periodic' Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City ~hall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 16. Financing, District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other s'unllar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastruc~e, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. 17. Agreement or Cancellation of Agr .e~a. ent. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65868. If an amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement processing fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing the Agreement within thirty (30) days of written demand from City -- without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it, notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or statement made or furnished by Owner ' to City is false or proves to have been faise in any material respect when it was made; (b) More than forty-five (45) days have passed since City's making of a written request to Owner for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more at the terms or conditions of this Agreement. 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agi'eement in accordance with the procedure adopted by the City. (b) City does not waive any claim of &feet in performance by Owner implied if on periodic review the City does not propose to modify or terminate this Agreement. (c) Non-performance shall not be excused because of a failure of a third person. (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) All other remedies at law or equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue or claim any damages for breach of that Agreement by City. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof Owner, for himself or any successor thereto, expressly waives the right to seek damages against the City or any officer, employee or agent thereof, for any default or breach of this Agreement. 22. Attorneys Fee~ and Co~c~. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temeeula P.O. Box 9033 Temeeula, CA 92589-9033 Attention: City Clerk /l~.~! a~6.oo~nne~n -22- With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner: Temeku Hills Temeku Hills Development Partners, L.P. 2727 Hoover Avenue National City, CA 91950 Attention: James H. Hunter, Senior Vice President With a copy to: Lorenz Alhadeff Cannon & Rose, LLP 27555 Ynez Road, Suite 203 Temecula, CA 92591 Attention: Samuel C. Alhadeff, Esq. With a copy to: UDC Homes, Inc. 438 Camino Del Rio South, Suite 11213 San Diego, CA 92108-3546 Attention: Jori Werner, Division President Heeht, Solberg, Robinson & Goldberg 600 West Broadway, 8th Floor San Diego, CA 92101 Attention: Darryl O. Solberg, Esq. A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter notices shall be addressed and transmitted to the new address. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing for discretionary perm/ts, tract or parcel maps, or other land use entifiement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of ~ny such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. mcmillin~:ombia~l.da/1 ss:~.oo,~ -23- 25. Miscellaneous Provisions. 25.1 Recordation of Agree.m..¢nt. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 25.2 Erafire Aereement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations. understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 25.3 $ev. era. lpi!ity. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section I2 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder .shah be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved agains~ the draining party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 25.5 Section Headines. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. the plural. 25.6 Singular and Plural.. As used herein, the singular of any word includes 25.7 Joint and Several Obligations. If at'any time during the term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 5 hereof. m~millin~mbit~d. da/1 ~s~.0oz~t -24- 25.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. '25.9 Waiv.e.r. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its fights upon the default of the other party, shall not constitute a waiver of such party's fight to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 25.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any fight of action based upon any provision of this Agreement. 25.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 25.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 25.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitude and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 25.14 Counte~arts. This Agreement may'be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same h~trument. 25.15 Jugsdiction and Venue. Any action at law or ha equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. n~.millin~:ombined.da~ ! ~.oo~am~ -25- 25.16 Further Actions and Instruments.. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 25.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 25.18 Agreement .for Service of process. In the event owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, parmer or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the Platming Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon owner. Owner is amenable to the process so served, ,submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 26. Authgri~ to ]~xecute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, parmership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. mcufillin~c~ntfined.d~/! ts~.ooxzo,xa~ -26- IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "CITY" City of Temecula ATTEST: By: Patricia H. Birdsall, Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney [Notary Required] [SIGNATURES CONTINUE ON NEXT PAGE] -27- "OWNER" Temeku Hills: Temeku Hills Development Partners, L.P., a California limited partnership By: McMillin Project Services, Inc., a California corporation, as Attorney-in-fact Under Durable Power of Attorney By: (o;,.._..) Its: By: Its: [Notary Required] UDC Homes, Inc., a California corporation By: Its: By: Its: TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD OCTOBER 7, 1997 A regular meeting of the Temecula Community Services District was called to order at 9:00 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. PRESENT: 5 DIRECTORS: Birdsall, Ford, Linderoans, Roberts, Stone ABSENT: 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. pUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Lindemans, seconded by Director Ford to approve Consent Calendar Items 1-5. The motion carried as follows: AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone None None 2 1.1 Approve the minutes of September 23, 1997. Community Services Recreation Brochure 2.1 Approve purchase order of $30,516.50 for Graphics Unlimited Lithography to print two (2) issues of the Community Services Recreation Brochure. r:\minutes.csd\ 100797 - 1 - 3 Desian Services Aareement for Gym Coolina System 4 3.1 Approve the agreement with Dahl, Taylor and Associates, Inc., for $20,800 to provide design services for the installation of air conditioning at the CRC gymnasium. Award of Contract and Adoorion of an Addendum to the Mitinated Neeative Declaration for the ADA Imorovement Proiect (Project No. PW97-O9CSD) RECOMMENDATION: 4.1 Adopt an Addendum to the previously adopted Mitigated Negative Declaration for the Rancho California Sports Park Improvement Project. 4.2 Approve the plans and specifications for the construction of the Americans with Disability Act (ADA) Improvement Project, Project No. PW97-09CSD. 4.3 Award a construction contract to Mod Craft, Inc. for the base bid and one alternate bid in the amount of $230,941.57 and authorize the President to execute the contract. 4.4 Authorize the General Manager to approve change orders not to exceed the contingency amount of $23,094.16, which is equal to 10% of the contract amount. 4.5 Authorize the transfer of funds from the Rancho California Sports Park Improvement project in the amount of $32,127.00 to the ADA Improvement Project Fund in the CIP Fund. 4.6 Appropriate and transfer $30,000 from TCSD Fund Balance to the ADA Improvement Project Fund in the CIP Fund. Com_oletion artd Acceptance of the Soorts Park Creek Restoration Pro!act. Pro!ect No. PW95-10CSD RECOMMENDATION: 5.1 Accept the construction of the Sports Park Creek Restoration Project, Project No. PW95-10CSD, as complete; 5.2 Direct the City Clerk to file the Notice of Completion and release the Performance Bond; 5.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. r:\minutes.csd~100797 -2- JOINT MEETING WITH THE CITY COUNCIL CALL TO ORDER - Mayor Birdsall reconvened the City Council meeting at 9:05 P.M. § Easement Apreement with Pacific Century Homes to Construct Improvements on Winchester Creek Park 6.1 Approve the Easement Agreement to allow construction of slopes and drainage facilities with Pacific Century Homes. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Lindemans, acting as City Councilmembers, and it was moved by Director Ford, seconded by Director Birdsall, acting as Community Services District Directors, to approve Consent Calendar Item No. 6. The motion was unanimously carried. Mayor Birdsall recessed the City Council Meeting at 9:10 PM. DIRECTOR OF COMMUNITY SERVICES REPORT- Nelson None given. GENERAL MANAGERS REPORT - Bradley Mr Bradley reminded residents of the Temecula Christmas parade scheduled for early December. BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Undemans, seconded by Director Ford to adjourn at 9:11 PM to a meeting on October 28, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: Jeff Stone, President June S. Greek, CMC, City Clerk/ District Secretary r:\minut®s.csd\100797 -3- ITEM 2 APPRO~J., ,,~ C TY ATTORNEY DIRECTOR OF FINA,,R~,C. E_~____ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: RECOMMENDATION: CITY OF TEMECULA AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager October 28, 1997 Proposed Residential Street Lighting and Maintenance Fee - Tract 28309 (Regency Homes) Beryl Yasinosky, Development Services Analyst That the Board of Directors: Slope/Landscape Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON DECEMBER 12, 1997 FOR PROPERTY OWNERS WITHIN TRACT NO. 28309 (REGENCY HOMES) TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 1998-99 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots. Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District .Law and provides residential street lighting and perimeter landscaping and slope rfiaintenance services to numerous residential subdivisions within the City of Temecula through "Service Level B" and "Service Level C", respectively. Pursuant to the request of the developer, SR Group, LLC, staff has initiated proceedings to assume the responsibility for long-term residential street lighting services and perimeter slope/parkway landscape maintenance within Tract No. 28309 beginning Fiscal Year 1998-99. On August 27, 1997, and in accordance with Proposition 218, the Board of Directors adopted the resolution of intention to file the levy report for all 46 residential parcels within Tract No. 28309. The Notice R:\yn~obk~309olo.b~e 102~97 of Public Hearing was subsequently mailed to the SR Group identifying the proposed TCSD Rates and Charges for each affected parcel as follows: Service Level B Service Level C $25.68 per parcel 946.00 per parcel At tonight's Public Hearing, the Board of Directors must hear and consider all objections or protests to the levy report for Tract No. 28309 and the proposed rates and charges. If a written protest is presented by the SR Group, the Board must reject the proposed fee and abandon any further proceedings. In this instance, the dormant homeowners' association would need to be activated to assume the street lighting and slope maintenance responsibilities. However, if the SR Group does not submit a written protest against the proposed rates and charges, the Board of Directors may then adopt the proposed fees subject to an election requiring a majority approval of the affected property owner. In this instance, the Board of Directors can order and call an election for December 12, 1997 and authorize staff to proceed with mailing a notice and ballot to the property owner of Tract No. 28309, a copy of which is attached for your review. Pursuant to the ballot process, staff is also recommending the approval of the attached Procedures for the Completion, Return and Tabulation of Ballots. The ballot procedure explains the process for completion, return and tabulation of the ballots and will be included as part of the mailed ballot documents. The ballot can only be completed by the property owner of each parcel. In order to be counted, the ballot must be completed in compliance with these procedures and returned to the City Clerk/District Secretary prior to 3:30 p.m. on December 12, 1997. The ballot will be opened by the City Clerk/District Secretary on December 12, 1997 at 4:00 p.m. in the Main Conference Room in City Hall. The results of the election shall be announced by the City Clerk/District Secretary at the Community Services District meeting on December 16, 1997. FISCAL IMPACT: In the event that the Board of Directors calls for an election, staff will prepare the notices, ballot and election procedures in-house. SR Group has paid a 9200 application fee to cover administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. If approved by the property owner, beginning Fiscal Year 1998-99, the proposed levy of 925.68 per parcel for Service Level B will generate 91,187 annually for residential street lighting services within the subdivision. The proposed levy of 946.00 per parcel for Service Level C will generate 92,116 annually for the repair and maintenance of perimeter slope/parkway landscaping adjacent to Nicolas Road. Sufficient funds will be generated to cover the costs of providing residential street lighting and slope maintenance services. ATTACHMENTS: Resolution Calling and Noticing the Election. Notice and Ballot Form. Procedures for Completion, Return and Tabulation of Ballots. RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECUI~ COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HF~LD ON DECEMBER 12, 1997 FOR PROPERTY OWNERS WITHIN TRACT NO. 28309 (REGENCY HOMES) TO ESTABLISH SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES BEGINNING FISCAL YEAR 1998-99 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION THF~ BOARD OF DIRECTORS OF ~ TEMECULA CObIMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: S~fion 1. Pursuant to the requirements of Article XIIID, Section 6 of the California Constitution, there is hereby called and ordered to be held on December 12, 1997 an election for the purpose of obtaining approval by property owners of Tract No. 28309 in the City of Temecula to establish Service Level B and Service Level C Rates and Charges beginning Fiscal Year 1998-99. ~ The notice and ballot to be submitted to the property owners shall be substantially in the form attached as Exhibit A and incorporated herein by reference. Section 3. The Board of Directors hereby approves the Procedures for the Completion, Return and Tabulation of Ballots ("Ballot Procedures") presented to the Board at this meeting and directs such procedures be placed on file in the office of the Secretary of the Temecula Community Services District and open to public inspection. ~. All ballots must be received by the Secretary of the Temecula Community Services District no later than 3:30 p.m. on December 12, 1997. In all particulars not recited in this Resolution, the election shall be held and conducted as provided in the Ballot Procedures. Section 4. The Secretary of the Temecula Community Services District is hereby authorized to canvass the returns of the election. The officers and staff of the Temecula Community Services District are hereby authorized and directed to take such further action as may be necessary or approp .riate in preparing for and conducting the election. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 28th day of October, 1997. ATTEST: Jeffrey E. Stone, President June S. Greek, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I HEREBY CERTIFY that the foregoing Resolution No. CSD 97- was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held o.~ the 28th day of October, 1997, by the following vote of the Board of Directors. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: r:\yasinoli~28309ete.res 102897 EXHIBIT A NOTICE OF ELECTION PROPOSED SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO. 28309 (REGENCY HOMES) BEGINNING FISCAL YEAR 199899 Pursuant to the request of the SR Group, LLC, the Temecula Community Services District has initiated proceedings to assume maintenance of residential street lighting and perimeter slope and parkway landscaping within Tract No. 28309, beginning with the Fiscal Year 1998/99. Pursuant to this request, and pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of each parcel of property to be charged for this maintenance and the proposed amount of the maintenance charge for each parcel for Fiscal Year 1998-99. The proposed Service Level B rate and charge against each of the 46 parcels withing Tract No. 28309 beginning Fiscal Year 1998-99 is $25.68. The proposed levy rate of $25.68 per parcel provides revenue for residential street lighting services within this subdivision. This amount was calculated by dividing the total estimated maintenance cost for Fiscal year 1998-99 ($1,181.28) by the total number of parcels in this subdivision. The proposed Service Level C rate and charge against each of the 46 parcels within Tract No. 28309 beginning Fiscal Year 1998-99 is $46.00. The proposed levy rate of $46.00 per parcel provides revenue for perimeter landscape maintenance services along Nicolas Road within this subdivision. This amount was calculated by dividing the total estimated maintenance cost for Fiscal Year 1998-99 ($2,116) by the number of parcels within this subdivision. On August 27, 1997, the Board of Directors conducted a public hearing on the Report and the proposed Service Level B and Service Level C rates and charges. At the public hearing, the Board of Directors heard and considered all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the public hearing, the Board determined that written protests against the proposed increase were presented by less than a majority of owners of the parcels on which the proposed increase is to be imposed, and levied the rates and charges subject to approval by the property owners subject to the proposed rates and charges. The Board of Directors encourages you to return the enclosed ballot indicating whether you support or oppose the proposed Service Level B and Service Level C rates and charges. Ballots may be mailed to the City Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretaoj at 43200 Business Park Drive, Temecula, California, 92590 no later than 3:30 p.m. on December 12, 1997. The proposed Service Level B and Service Level C rates and charges will be abandoned if the ballot is not returned in favor of the proposed rates and charges. In the event the proposed charges are abandoned, an active homeowners' association will be necessary to assume responsibility for residential street lighting services and perimeter slope and parkway landscape located along Nicolas Road. Enclosed is your ballot and the District's Procedures for the completion, rerum and tabulation of Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact the City Clerk/District Secretary's Office at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589- 9033; or in person, at 43200 Business Park Drive, Temecula, California 92590, for further information regarding regarding this matter. OFFICIAL BALLOT TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES Lots 1-46 of Tract No. 28309 as filed in Book 263, pages 55-59 of Maps in the Office of the County Recorder of Riverside County, State of California. YES, I approve of the proposed annual levy of $25.68 for Service Level B and $46.00 for Service Level C on the parcels identified on this ballot. OWNER: Mr. Ashwhl M. Patel SR Group, LLC/Regency Homes 4532 Sharon Dr. La Palma, CA 9O623 NO, I do not approve of the proposed annual levy of $25.68 for Service Level B and $46.00 for Service Level C on the parcels identified on this ballot. I hereby declare, under penalty of perjury, that I am the record owner, or the authogzed representative of the record owner, of the parcels idemified above. Signature Date Print Name CHECK ONLY ONE BOX. BALLOTS MUST BE COMPLETED IN INK AND RETURNED TO TUIC CITY CL~RK/DISTRICT SECBETARY CITY OF TEMECULA, P.O. BOX 9033/43200 BUSINESS PARK DRIVE TEMECULA, CALIFORNIA 92589..9033 TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS L Completion of Ballots Who may complete a ballot A ballot may be completed by the owner of the parcel to be charged. As used in these Procedures, the term "owner" includes the owner's authorized representative. If the owner of the parcel is a parmership, joint tenancy, or tenancy in common, a ballot may be completed by any of the general partners, joint tenants, or tenants in common. Only one ballot may be completed for each parcel. · Duplicate ballots If a ballot is lost, destroyed or never received, the City Clerk/District Secretary will provide a duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will be marked to show the date on which the ballot was provided and to identify it as a duplicate ballot. · Marking and signing the ballot To complete a ballot, the owner of the parcel must (1) mark the appropriate box supporting or opposing the proposed rate and charge, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box may be marked on each ballot. Ballots must be completed in ink. · Only ballots provided by the District will be accepted The District will only accept ballots mailed or otherwise provided to owners by the District. Photocopies, faxes, and other forms of the ballot will not be accepted. H. Return of Ballots ~ · Who may return ballots A ballot may be returned by the owner of the parcel or by anyone authorized by the owner to return the ballot. · Where to return ballots Ballots may be mailed to the City Clerk/District Secretary's Office, at P.O. Box 9033, Temecula, California, 92589-9033, (the District has provided a return postage-paid envelope). Ballots may also be delivered in person to the City Clerk/District Secretary's Office at 43200 Business Park Drive, Temecula, California 92590. Ballots may not be returned by fax. · When to return ballots All returned ballots must be received by the City Clerk/District Secretary's Office prior to 3:30 p.m. on December 12, 1997. The City Clerk/District Secretary will stamp on the ballot the date of its receipt. · Withdrawal of ballots After returning a ballot to the District, the person who signed the ballot may withdraw the ballot by submitting a written request in person to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City Clerk/District Secretary prior to 3:30 p.m. on December 12, 1997. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City Clerk/District Secretary will retain all withdrawn ballots and will indicate on the face of such ballots that they have been withdrawn. Ill. Tabulation of Ba!lots · Which ballots will be counted Only ballots which are completed and returned in compliance with these procedures will be counted. Ballots received by the City Clerk/District Secretary a~er 3:30 p.m. on December 12, 1997 will not be counted. Ballots which are not signed by the owner will not be counted. Ballots with no boxes marked, or with more than one box marked, will not be counted. Ballots withdrawn in accordance with these procedures will not be counted. The City Clerk/District Secretary will keep a record of each duplicate ballot provided to an owner and will verify, prior to counting any duplicate ballot, that only one ballot has been returned for the parcel. If a non- duplicate ballot has been returned, the District will count the non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been returned, the District will count the earliest provided duplicate ballot and disregard the later provided duplicate ballots. · How ballots will be tabulated Ballots may be counted by hand, by computer or by any other tabulating device. · Who will tabulate ballots Ballots will be tabulated by the City Clerk/District Secretary. · When and where will the ballots be tabulated Ballots will be opened and tabulated on Friday, December 12, 1997, at 4:00 p.m. in the Main Conference Room at City Hall, 43200 Business Park Drive, Temecula, California, 92590. This process is open to the general public. · Results of tabulation The results of the tabulation will be announced following the completion of the tabulation and entered in the minutes of the next Board of Directors meeting on December 16, 1997. IV. Resolution of Disputes In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the District will make such determination from the last equoli~ed assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider ahy other evidence as to ownership of property and the District's determination of ownership will be final and conclusive. In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the District may rely on the statement on the ballot, signed under penalty of perjury, that the person completing the ballot is the owner's authorized representative and any evidence submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to whether the signer of the ballot is an authorized representative of the owner and the District's determination will be final and conclusive. V. General Information For further information, contact the City Clerk/District Secretary at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590. EXHIBIT A NOTICE OF ELECTION PROPOSED SERVICE LEVEL B AND SERVICE LEVEL C RATES AND CHARGES FOR TRACT NO. 28309 (REGENCY HOMES) BEGINNING FISCAL YEAR 1998-99 Pursuant to the request of the SR Group, LLC, the Temecula Community Services District has initiated proceedings to assume maintenance of residential street lighting and perimeter slope and parkway landscaping within Tract No. 28309, beginning with the Fiscal Year 1998/99. Pursuant to this request, and pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which contains a description of each parcel of property to be charged for this maintenance and the proposed amount of the maintenance charge for each parcel for Fiscal Year 1998-99. The proposed Service Level B rate and charge against each of the 46 parcels withing Tract No. 28309 beginning Fiscal Year 1998-99 is $25.68. The proposed levy rate of $25.68 per parcel provides revenue for residential street lighting services within this subdivision. This amount was calculated by dividing the total estimated 'maintenance cost for Fiscal year 1998-99 ($1,181.28) by the total number of parcels in this subdivision. The proposed Service Level C rate and charge against each of the 46 parcels within Tract No. 28309 beginning Fiscal Year 1998-99 is $46.00. The proposed levy rate of $46.00 per parcel provides revenue for perimeter landscape maintenance services along Nicolas Road within this subdivision. This amount was calculated by dividing the total estimated maintenance cost for Fiscal Year 1998-99 ($2,116) by the number of parcels within this subdivision. On August 27, 1997, the Board of Directors conducted a public hearing on the Report and the proposed Service Level B and'~Service Level C rates and charges. At the public heating, the Board of Directors heard and considered all objections or protests to the Report and to the proposed rates and charges. At the conclusion of the public heafing~ the Board determined that written protests against the proposed increase were presented by less than a majority of owners of the parcels on which the proposed increase is to be imposed, and levied the rates and charges subject to approval by the property owners subject to the proposed rates and charges. The Board of Directors encourages you to return the enclosed ballot indicating whether you support or oppose the proposed Service Level B and Service Level C rates and charges. Ballots may be mailed to the City Clerk/District Secretary at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California, 92590 no later than 3:30 p.m. on December 12, 1997. The proposed Service Level B and Service Level C rates and charges will be abandoned if the ballot is not returned in favor of the proposed rates and charges. In the event the proposed charges are abandoned, an active homeowners' association will be necessary to assume responsibility for residential street lighting services and perimeter slope and parkway landscape located along Nicolas Road. Enclosed is your ballot and the District's Procedures for the completion, return and tabulation of Ballots. Please consult these Procedures for details regarding the ballot process. You may also contact the City Clerk/District Secretary's Office at (909) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589- 9033; or in person, at 43200 Business Park Drive, Temecula, California 92590, for further information regarding regarding this matter. TCSD DEPARTMENTAL REPORT FINANCE DIRECTOR~'--~~ CITY MANAGER -'._~::~ CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. B~adley, General Manager DATE: October28,1997 ~J~JECT: PREPARED BY: ~JI R~ort Gall L. Zigier, Administrative Secretary Margarita Community Park is in the final plan check. Athletic fmid lighting has been added to the Ixoject and is currently being reviewed by the School District. The Master FX, an includes parking, lighting, tot lots, plcr~ facilities, landscaping, irrigation, pedestrian walkways, a roller hoci~y rink, teru~ courts, and bellfield lighting. It is anticipated this project will go out to bid in November, 1997. The rjty Council awarded a contract on Octob~ 7, 1997, to ModCreft for the ADA upgrades ~. This Ixeject IXovide~ t-,atdic~ ~,e,ibility to the following p~k ~ites: John McGee Park, C, alis Aragon Park, Bahia Vista Perk, Rancho California Sports Part( and Veteran'e Perk. The Winchester Creek Pa~k project has been returned to the architect for second plan check. This park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor b~ketball court, a send volleyball court and open turf areas. It is anticipated this project will go out to bid in November, 1997. Plan cl~ck for Phase li of tim Ternscula Duck Pond imixovements i~ heady complete. The ehgins~s ere f~isir~ their plan check for the widening of Ynsz R;md, along the Duck Pond Ixoperty, to its ultimate width. This project should be out to bid in November 1997. A Request For Propoeal was released for the design of the under croasing under Winchester Road, ~mnecting the east a~l west portions of the Santa Gertrudis Creek Trail. Staff is current~ ~ with the number one qualified bidder. Staff anticipates bringing forward a recommendation to the City Council in November, 1997. The Church of Latter Day Saints - Meadowview Ward and Temecula Ward, in conjunction with Outdoor Media G~oup, hae completed the renovations to the entry monument signs at the Temecuis City liners. This project included reroovai of the overgrown shrubs and debris around the signs and repainting the signs. Staff is currently working with a consultant on the lighting of the signs. An RFQ wea releaz4KI in 5etztember, 1997 for the Cultural Arts Meater l~an. Five were moalved m~l reviewed by the Cultural Arts Master Ran Committee. Interviews have been · cheduled for the t!-,~ee top rated firms. Staff anticipatea bringing forwerd a reconmmndation to City Counci~ in Deoe~ber, 1997. The purpose of the RFQ i~ for the clevelopnmnt of a ten (10} year Cultural Arts M~ter Plan for the City of Ternecula. City Council awarded a contract to Dahl, Taylor & Associates for the desion of a tmnperature control ~ystem ~t the CommuniW Recreation Center gymnasium. Staff anticipates this project will be completed by Spring, 1998. B:~ 7 O~ebe~ ~, 1~7 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD OCTOBER 7, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:15 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Steven J. Ford presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. It was moved by Agency Member Roberts, seconded by Agency Member Birdsall to approve Item No. 1. 1 Minutes 1.1 Approve the minutes of September 23, 1997. AGENCY BUSINESS 2 Economic Develor)ment Corporation and Chamber of Commerce Quarterly Rer)ort The Economic Development Corporation's quarterly report was presented by Tom Eidem, EDC Executive Director, and Bonnie Hanna, EDC President, reported on their operating results as outlined in their current contract. Alice Sullivan, Executive Director of the Chamber of Commerce, presented the quarterly report, updating the Council on the Chamber's progress and projects. It was moved by Agency Member Stone, seconded by Agency Member Roberts, to receive and file these reports. The motion was approved unanimously. REDEVELOPMENT DIRECTOR'S REPORT Redevelopment Director McLarney informed the Council about a successful meeting with One Stop Career Center and reported further reports will be forthcoming. Minutes.rda\100797 -1- EXECUTIVE DIRECTOR'S REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Roberts, seconded by Agency Member Stone to adjourn at 10:10 PM to a meeting on October 28, 1997, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: Steven J. Ford, Chairperson June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rdat 100797 -2- RDA DEPARTM,ENTAL REPORT TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members Mary Jane McLarney, Redevelopment Director ~ October 28, 1997 Monthly Departmental Report Attached for your information is the monthly report for September for the Redevelopment Department. This report covers housing, redevelopment and economic development. CITY OFTE~ MEMORANDUM TO: FROM: DATE: SUBJECT: Exa~tive Director/Agency Memb~ October 28, 1997 · Eightera ~ have been funded for FY 97-98. · Our ~ improvement program has 10 karo completed and 13 in process. On October 21, 1997 staffwill interview two ~ f~-nm who are interested in parmerin~ with the A~ncy to rehabilitate the existin~ 38 n~amnent units and develop 12 new units on developers who have shown interest in parmerin~ with the Agency. Old Town Streetscnne Imnrovenmnt Projects · The design devdopment drawin~ lmve been reviewed by staff. ARer revision~ are made, a Up,4~-~ro~m4 Ft*~'hilitv Sm,4v · Staffis reviewing thz draR final report. A memo will be forwarded to the Council shortly. Fatride In.r_ oremerit Non-Cnn~rmlv~_ gi? Pro_n~m Staff is working with the Police Department to evaluate HUD's "Officer Next Door Program." This program allows sworn officers to purchase HUD homes at substantial Housin_o nnd Urban Development pro_nrsms CITY OF TEMECULA MEMORANDUM TO: FROM: DATE: REGARDING: Executive Director/Agency Members Mary I~ne MoLarhey, Redevelopment Director October 20, 1997 Economic Dev~ and Tourism Update Prepared by: Barbara McLean, Marketing Technician The Mm'keting Committee meets bi-monthly. The last meeting was held on September 17, 1997. lJ4~DIA OflTREACII ~PORT: Monthly calemhr of' events and press releases continue to So out to the med~ The City has rec~qd ~ mah calk this momh (m the TIM~r Race evem as st result of the City's October Calendar of Events. Sum Mapzine published fin trticle fibout Temecuh in thc/r August edition. This was a re. suit of the eftore of the ~ & W'me Festival and %rmtn~' s Association. Mr. Lehnon Mapzlne, publisizd by the Municipality of Mt. Lebanon in Pittsburgh, pA, contacted the City for a ptus kit and phoM~ of T~. The ~ oftl2 article, ManiaRober, previously lived in Temecula for two years and now works in Pittsburgh u a customa' service manager of a The micle "Temeo]h - Our NeigMmr to the North" and · photo of wine country was recently Riding magtzine, · Southern California nugazine for horse riders. The City of Temecula is now a ~ of the San Diego Convention and Visitor's Bureau (CONVIS). W'~h ~r manberd~ the ¢~ is now able to ~ on pafinersh~ established by CONVIS which include the Las Vegas and Phoenix areas. Temeoda's ~ enables us to expand our media coverage throuf~ CONVIS. We will also have Temecula's Tourism Brochure in racks available to the public at the International Visitor Information Center in Horton Plaza, San Diego. The City & the ~ hosted a ~" tour which will took place on September 29. Destination Managemere comlm~ l~gesm~s ~ T~. The ~roup met at the Temecula Art Gallery and enjoy~ a cominental ~ and were taken on a walkin8 tour of Otd Town led by mend:~ will ~ T~ u a day trip gof three attendin8 the Super Bowl in hfiuary as well as visits thr~..Slg)ut the year. The next "fain" tour is ~ for November 20, 1997. The Temecula Valley Clmnber of Commerce is now a member of the International Information Centers located in the Gadamp District of San Diego. The city's tourism broclmre will be in the Cnim~ ogEvents. This orpniz~q)n is aim ~ by Saa Die8o hotds to set up display tables The Bah & Wine Festival ~ommittee cond~,~ sthweys from their event. The ststistics revealed tht 60% ofthose respondi~ were from the Temecula Valley, 23% were ~rom within a .~ mile radius. In addition, 55% w~re first time ~vuitors, the averse qe was 35-54 years. Income levels were $55-65,000 for 17% md $~0-100,~ ~ 16% oftho~ ~ttemiin~ The -survey also showed that 32% purebreed pranium m on a refjtdar h~ 26% l~rchsod them when 'dminfl out mi 28% had never tou,'M Teamcuh's W'me Count. From these smisfics the Bdloon and W'me would also upgrade the food and pouibly have a g~gmet tent for next year. Next year's Festival ECONOMIC DEVELOPMENT Temocula was well ropre~nted. Golf packN~ ~ award~l to two Southern California site selectora who will be vi~ting Temocula to redeem their $i.~ ~. to attract t!~ e~pronmra to Temeoxla and/or educate them on fundin~ sources for their projects. A Marketing Workshop was hem at City Hall for local commercial brokers on September 9th. The brokers were given infomation on what the City is doing to promote economic developme~ and The City attended The National Council for Urban Economic Devdopment's (CUED) annual conference during the w~ of Septmd)~ 21-24. hFJuded were four days of lectures, tracks and in their commun~i~ and the mo~t innovative waya of ~ dov~k~pment proje~. Numerous rheC~ _c,~/nuesh pm~/p~on hrep~esm~theZnhnd~~c V~ to pan activities got the hternatioud bdopmmt Pamm~ Countits Co~f~r~ee ~R~ M ~ ~ The CALBIO Summit w'd held two weeb qo in San Die8o mid was attended by the City, the was able to emblish a presence in ~ ~. The City and two local develope~ spomored the conh'ence and our disphytablewus ~ ne~to Trade& Connn~ct A datahse[ of 42 contacts ITEM 27 TO: FROM: DATE: SUBJECT: I CITY ATTORNEY ~ FINANCE DIRECTO~_~z'- II C, ITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager °~Joseph Kicak, Director of Public Works\City Engineer October 28, 1997 Award of Contract for the Construction of Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements - Project No. PW95-12 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Award a contract for the construction of Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramps Improvements, Project No. PW95-12, to Riverside Construction Company for the base bid of $3,907,776.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $390,777.60 which is equal to 10% of the contract amount. Accelerate the appropriation of $1,200,000.00 from FY1998-99 to the current FY1997- 98 Budget Year. BACKGROUND: The City Council approved the construction plans and specifications and authorized the Department of Public Works to solicit public construction bids for Project No. PW95-12, Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements. The general items of work to be completed will consist of the following: widen Rancho California Road (including the bridge over Interstate Route 15) between Front Street and Ynez Road; a northbound loop entrance ramp; a northbound exit ramp with auxiliary lane; relocation and reconstruction of existing utilities; and landscape and irrigation improvements. The contractor is responsible for providing traffic control for the entire duration of the project which will allow continuous traffic flow except during certain off peak hours to install traffic control devices, false work, and to move equipment around the site. The City Council also previously adopted a resolution to approve a Construction Cooperative Agreement between the State Department of Transportation and the City for Construction of Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp R:~agdrpt~9~1028~w96-12.awdlaJp Improvements, Project No. PW95-12. The Agreement defines the terms and conditions under which the project will be constructed, financed, and maintained. The engineer's estimate for this project is $3,864,000.00. Four (4) bids for the project were publicly opened on September 25, 1997 and the results for the base bid are as follows: 2. 3. 4. Riverside Construction Company ......................... $3,907,776.00 E.L. Yeager Construction Company ........................ $4,104,909.25 AFR Construction, Inc ................................. $4,136,087.46 Banshee Construction Company .......................... $4,188,600.09 We have reviewed the bid proposal from Riverside Construction Company and found it to be acceptable. Riverside Construction Company has performed satisfactory work for the City in the past, specifically the Winchester Bridge Widening Project and has also performed well on other similar types of Caltrans bridge projects in Riverside County based on comments from references of previous work. We have also contacted the State Contractors Ucensa Board and confirmed that their license is current and in good standing. The construction schedule is for 600 working days which consists of 350 working days for construction and 250 working days for plant establishment. Work is expected to begin in November, 1997 and be completed in April, 2000. A copy of the bid summary is available for review in the office of the Director of Public Works. Staff has applied for and have received approval from Riverside County Transportation Commission (RCTC) for a loan of Measure A Funds in the amount of $5 million. These Measure A Funds will replace the funding sources listed in the Capital Improvement Program for this project. FISCAL IMPACT: This project is a Capital Improvement Project funded primarily by Capital Reserves and Development Impact Fees (DIF). Measure A Funds may replace some or all of these funding sources. An acceleration of funds for FY1998-99 is required for the construction contract of $3,907,776.00 and the contingency of $390,777.60 for a total construction cost of $4,298,553.60 in Account No. 210-165-601-5804. ATTACHMENTS: Contract R:~egdfl)t~6~1028~wg5-12.awd/ajl) CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-12 RANCHO CALIFORNIA ROAD A T INTERSTATE ROUTE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS THIS CONTRACT, made and entered into the 28th day of October, 1997, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Riverside Construction Company, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I.a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW95-12, RANCHO CALIFORNIA ROAD AT INTERSTATE ROUTE 15, BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Soecifications for Public Works ~J:~.Q~, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-12, RANCHO CALIFORNIA ROAD AT INTERSTATE ROUTE 15, BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General, Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-12, RANCHO CALIFORNIA ROAD AT INTERSTATE ROUTE 15, BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. CONTRACT CA-1 r:~CII~PROJECTS~PW96-12~.,ontr~t/aj~ Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-12, RANCHO CALIFORNIA ROAD AT INTERSTATE ROUTE 15, BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CiTY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: THREE MILLION NINE HUNDRED SEVEN THOUSAND SEVEN HUNDRED SEVENTY-SIX DOLLARS and NO CENTS ($3,907,776.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Six Hundred (600) working days, (Three Hundred Fifty {350) working days for construction end Two Hundred Rfty (250) working days for landscape establishment), commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. CONTRACT CA-2 r:\CII~PROJECTS\ PW9E- 12\¢ontnmtjajp Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section 9.3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, a reduction in the retention may be requested by the Contractor if the Engineer deems that progress has been satisfactory, and the project is more than 50% complete. 7. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CiTY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000- $75,000 $75,000- $500,000 Over $500,000 RETENTION pERiOD 180 days 180 days One Year RETENTION pERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 8. LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. 10. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy CONTRACT r:.\CII~PROJECTS~,PWg5-12~contra~/ajp of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13. .~. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Sl~ecifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 17. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. CONTRACT CA-4 r:.~,CIP~PROJECT~IRNgE- 12~ontraetJaJp 18. 19. 20. 21. 22. JJ~.~,,~./0~. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REQUIREMEI~I'S. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 CONTRACT CA-6 r:~CI~PROJECTS~PWg5-12~corttraet/aj~ IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR RIVERSIDE CONSTRUCTION COMPANY P.O. Box 1146 Riverside, CA 92502 (909) 682-8308 By: C.T. Harmon, Jr., President DATED: APPROVED AS TO FORM: CITY OF TEMECULA By:. Patricia H. Birdsall, Mayor Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-6 r:~,CI~PROJECTS**PW95-12~=ontrect/ajp ITEM 28 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT c TY ATTORNEY - I F NANCE D RECTOR II CiTY MANAGER ,,V'/J~,' ~ City Council/City Manager  Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 Professional Services Agreements with Albert A. Webb Associates, McDaniel Engineering Company, Inc., and Petra Geotechnical, Inc. for Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements, Project No. PW95-12 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve a Professional Services Agreement for Professional Inspection Services for Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements to Albert A. Webb Associates for $268,800.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $26,880.00 which is equal to 10% of the contract amount. 8 Approve a Professional Services Agreement for Professional Structural Services for Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements to McDaniel Engineering Company, Inc., for $26,210.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,621.00 which is equal to 10% of the contract amount. Approve a Professional Services Agreement for Professional Geotechnical Services for Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvements to Petra Geotechnical, Inc. for $75,095.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $7,509.50 which is equal to 10% of the contract amount. Accelerate the appropriation of $280,000.00 from FY1998-99 to current FY1997-98 Budget Year. r:~drpt~)7~1028~i~ro~- 12.awd/ajp BACKGROUND: The City Council approved the construction plans and specifications and authorized the Department of Public Works to solicit public construction bids for Rancho California Road at Interstate Route 15 Bridge Widening, Project No. PW95-12 which were opened on September 25, 1997. The general items of work to be completed will consist of the following: widen Rancho California Road (including the bridge over Interstate Route 15) between Front Street and Ynez Road; a new northbound loop entrance ramp; realignment and widening of the northbound exit ramp; relocation and reconstruction of existing utilities and landscape/irrigation improvements. In conjunction with this project the City also entered into a construction cooperative agreement with Caltrans which defines the terms and conditions under which the project will be constructed and maintained. The City is required to provide a Resident Engineer along with support staff to administer and inspect the work to assure construction is being performed in accordance with the approved plans and specifications as well as applicable State Standards. To comply with those requirements, we have solicited proposals from qualified firms to provide construction inspection services, structural and false work review, and geotechnical and material testing services to supplement City staff. Albert A. Webb Associates, was selected to perform construction inspection services based on their work with similar projects and the qualifications of the key personnel they have assigned all of which have previously worked as Caltrans resident engineers and inspectors with many years of structural, storm drain, electrical and pavement experience. The major inspection services to be performed are as follows: conduct weekly meetings; coordinate with utility companies, Caltrans and other consultants; review progress payments; and maintain record drawings. The Scope of Work and Payment Schedule are described in Exhibit 'A' of the attached agreement. McDaniel Engineering Company, Inc. was selected to perform the structural and falsework review since they designed the structural elements of the bridge. They will perform services related mainly to the bridge structure including reviewing contractor submittals, review the false work design, assisting the Resident Engineer in the interpretation of the contract documents, reviewing contractor's structural calculations, preparing as-built plan revisions and participating in job site meetings as described in the Scope of Work and Payment Schedule, Exhibit 'A' of the attached agreement. Petra Geotechnicel, Inc. has been selected from the City's list of geotechnical consultants which are assigned projects on a rotational basis to perform geotechnical and materials testing services. They will perform grading observation and testing, trench backfill compaction testing, inspection and testing of concrete and paving, field/laboratory testing, and preparation of a final project report as described in the Scope of Work and Payment Schedule, Exhibit 'A' of the attached agreement. These consultants will work under the direction of City staff who will function as the Resident Engineer for this project. Staff has applied for and received approval from Riverside County Transportation Commission (RCTC) for a loan of Measure A Funds in the amount of $5 million. These Measure A Funds will replace the funding sources listed in the Capital Improvement Program for this project. 2 c~gdq~97~ 1028~pro~6-12.~rwdlljp FISCAL IMPACT: This is a C~ital Iml~OVement Project and is funded prim~ily by Capital Resew~ ~d Development ~ Fee, {DIF). Idea~ure A Fund~ may reldeCe the ~ource or all of the~ funding ~. An K~alM~tion of funcl~ from FY1998-99 is required for the Profe~immi Servic~ AgrMme.~ in Ac~x.~t No. 210-165-601-5208 for the following ~ MwviMs 1. Albert A. Webb AMo~i~, Professional Services Agreement of t268,800.00 and tl~ comi~ency ~ of t26,880.00 for a total cost of t295,680.00. 2. Id~)ar~ Engir~e~g Company, Inc., Professional Services Agreement of $26,210.00 and the contingency amo~mt of t2,621.00 for a total cost of $28,831.00. 3. Petra Geo~eclmtcel, Inc., Profe~x~al Services Agreement of $75,096.00 and the contingen,~y ~noum of $7,509.50 for a total cost of $82,604.50. Profe, sio~al Servic~ AgreemM~ta: 1. AdbMt A. Webb ~ 2. CawNHmy, ATTACHMENT NO. I r:~aOdrpt~,97~102~prog5-12.awd/ajp CITY OF TEMECULA PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT ADMINISTRATION and CONSTRUCTION INSPECTION SERVICES PROJECT NO. PW95-12 THIS AGR~!~I41~NT, is made and effective as of October 28, 1997, between the City of Temecula, a municipal corporation ("City") and Albert A. Webb Associates, ("Consultant"). In consideration of the mutual COVermnt~ alld conditiom set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on October 28, 1997, and ~hall remain and continue in effect until tasks described herein are completed, but in no event later ~vm October 28, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SER~C~. Consultant shall perform the 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, expefieme, and talent, perform all tasks desert'bed herein. Consultant shall employ, at a minimllm, generally accepted standards and practices utili?~[ by persons ellgaged in providing s'unilar services as are required of Consultant hereunder in meeting its obligations under this Agreement. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms nnd the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Two Hundred Sixty Eight Thousand Eight Hundred Dollars and No Cents ($2(dl,g00.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant .~nli not he compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such 8d,tl~itional services are authorized in advance and in writing by the City Manager. Consultant shall be eompemated for any add'~nal 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 t~n percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thon~nd dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual sereices performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City dispul~ 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. -1- r:\eip\projeen\pw-95\p~95-12\webb.agr/ajp SUSPENSION OR T!~'~RMINATION OF AGR~M!~qT wrrHOUT CAU,qg~. a. The City may at any time, for any reasou, with or wiflxmt came, suspend or termirate 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 3. 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 Collsulmnt for any work performed afmr the date of default and can terminate lifts Agreement immediately by written notice to the Coix~ultnnt. If such failure by the Coilsultant 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 he considered a default. b. ff 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 ~id 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 endtied at hw, in equity or under this Agreement. 7. OWNERSHIP OF I)OC~.NT,~. a. Consultant .~h~!i mainlain 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 Agreemere. Consulram shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall he ~ in accordance with generally accepted accounting principles and shall he 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 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 he ~ 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 documems, designs, drawings, maps, models, computer files, 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 permigsion of lhe Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable wriuen request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. Wilh 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. -2- r:\cip\projects\pw-95 ~,pw95- 12\webb .agr/ajp 8. INDICATION. 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, or liability of any kind or nature which the City, its officers, agents and employees may sustnln or ilx~ur or which may be imposed lipon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or f~i%o to perform under the terms of this Agreement, exceptin~ only liability arising out of the negligence of the City. 9. INSURANCE REO~S. Consultant shall procure nnd maintain for the duration of the contract insurance against claims for injuries to persons or dnmnges 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 Sc _o~e of Insurance. Coverage shah be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compematiou imurance as required by the State of California and Employer's Liability Insurance. Errors and omissions liability insurance appropriate to the consultnnt's profession. b. ~inimum Limit~ ~?~ Insurance. Consultant shall maintain !imi~ no les~ than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal 'injury and property damage. ff Commercial General Liability lnsurame or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to ~ project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and oral.ions liability: $1,000,000 per occurrence. C. I)~hmrihle~ n~! Serf-Insured Retentiorm. Any ~les or mff-~ re~m m~ ~ ~ ~ ~ ~v~ ~ ~ C~ M~ger. At ~ ~fion of ~e Ci~ M~er, ei~r ~ ~r ~ ~ or ~ ~h ~~ or mlf-~ reinflora ~ re~c~ ~e CiW, i~ offi~, o~s, ~~ ~ vo~; or ~ Co~ ~ pr~ a ~ ~~ ~ of 1o~s ~ re~ ~vesfigafiom, c~ ~minis~afion ~ ~fe~ e~s. d. Other Insmatr~ Provisions. The general liab'dity 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 -3- r:~fip\proj~ls\pw-95kpw95-12\webb.~r/njp auwmobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special !imitatiom on the scope of protection afforded to the City, its officers, officials, employees or volumeers. For any clnims related to this project, the Comultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunU~rs. 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. The Consultant's insurance sludl apply separately to each insured agaimt whom claim is made or suit is brought, except with respect to the limits of the iusurer'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 !im~ except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Accentability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Collsu]t~nt shall furnish tile City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person nmhcaized 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 Consultsnt's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. !~DEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent conuactor. 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 or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agenls, 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 msnner. 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 s*~ries, 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 R!?.qPON.qIRn.rr~.q. The Consultant shall keep itseft informed of State and Federal hws 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 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. -4- r :~ipkproject~\pw-9~pw95-12~,webb.~r/ajp 12. REI.!~.A.q~ OF INFO~ON. a. All information gained by Consultant in performance of this Agreemere shall be considered confidential and shall not be released by Consultant without City's prior written authorization. ConstrUant, its offr. ers, employees, agents or subcontractors, shah 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 shah not be considered "volunta~" provided Consultant gives City notice of such court order or ~q9o~na. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcorm'actors be served with any summorn, complaint, subpoem, notice of deposition, request for documenm, interroga~ries, 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 1oca~ within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or s'nnilar proceeding. Consultant agrees to cooperate fully with City and to provide City with the oppornmity to review any response to discovery requests provided by Consultant. However, City's ri~t to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. ~. 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 da~e and time of delivery, or ('fii) mailing in the United States Mail, certified mail, postage prepaid, renan receipt request!, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Alben A. Webb Associates 28481 Rancho California Road, Suite 106 Temecula, California 92590 Attention: Roger D. Prend, P.E., Vice President (9O9) 14. ]~a~,{]~[~. The Consultant shall not assign the performance of this_ Agreement, nor any pan thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Wallace H. Franz, P.E. shall perform the services described in this Agreement. Wallace H. Franz, P.E. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourutah (14) days' notice prior to the departure ofWa!iace H. Franz, P.E. from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately termillate this Agreement, within fih-ee (3) days of the close of .~id notice period. Upon termination of this Agreement, Consuitant's sole compemafion shall be paymere 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. -$- r:\cip\projects\pw-95kpw95-12\w~bb.a~r/~jp 15. ~C!/N~. At all times during the term of this Agreement, Consultant shah 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 concernin~ this Agreement shall mire place in the municipal, superior, or federal district court with geographic j~cfion over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailin~ party as de~ by the Court, shall be entitled to actual and reasonable aUorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGRF~MENT. This Agreement contnitt~ the entire understanding between the parties rehti%~ to the obligations of the parties described in thi., Agreement. All prior or cm~2m~raneem agreements, tmdersumdings, repre~miom and statements, oral or written, are merged into this Agreement and .~hall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXF~U'TE Tl~q AGRI~.!/]VH/NT. The person or persons executing this Agreement on behalf of Comultant warrants nnd represents that he or she has the authority to exect~ ~ Agreement on behalf of the Consulram and has the authority to bind Consultnnt to the performsnee of its obligations hereunder. IN WITNESS WI~.REOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By. Attest: Patricia H. Birdsall, Mayor June S. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Albert A. Webb Asseeintes 28481 Rancho California Road, Suite 106 Temeeula, California 92590 (9O9) 694-92.~ A. Hubert Webb, President -6- r:~cip\projects\pw-95\pw95-12\webb.agr/ajp TASKS TO BE PERFORMED EXHIBIT A TASKS TO BE PERI~ORMED I. PRECONSTRUCTION SERVICES 1. Conduct project site investigation (walk project limits) 2. Conduct thorough review of project plans and specifications Preliminary contact/coordination with involved agencies and consultants, including but not limited to the following: · City of Temecula · Design Engineer · CALTRANS · Geotechnical Consultant · Utility Companies · Bridge Design Engineer Conduct video and "still" photographic documentation of the project site at the start of construction. Attend preconstmction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with the City, and notify those expected to attend in advance. Review the construction schedule prepared by the Contractor for compliance with the Contract and give advice to the City concerning its acceptability. Provide for checking (by others) of all shop drawings, diagrams, illustrations, schedules, samples and other data which the City is required 97-9105/ExhibitA.doe - 1 - to submit and make recommendations thereon. Establish tracking system with dates of all submittals and review times. ~ Establish and maintain orderly project files for correspondence, reports of job conferences, shop drawings and other submittals, reproductions of original Contract Documents including all addenda, change orders and additional drawings issued subsequent to the award of contract, the City's interpretations of the Contract Documents, inspection reports, test reports, progress reports and other project related documents. 9. Consultant project manager shall report to City's project manager. 10. Consultant shall have primary responsibility for record keeping and preparation of correspondence between CITY and Contractor. I1. Verify that all subcontractors have a valid contmctor's license and a City of Temecula business license. Maintain a "running" list of the above. 12. Prepare and maintain an emergency phone list. II. CONSTRUCTION SERVICES Conduct meetings with Inspectors on a daily basis for information on daily operation. Schedule and conduct meeting between Contractor, Inspectors, Utilities, Developers, Design Engineers, Landowners and the Client on a weekly basis. These meetings are intended for discussion of progress, trouble shooting, performance review, coordination, scheduling, and other relevant items. 97-9105/ExhibitA.doe -2- o Prepare minutes of meetings and distribute these minutes within 5 working days of the time of the relevant meeting. Prepare contract change orders (CCO) and justification memo for the CITY's review and approval. It is the CITY's and CONSULTANT's desire to limit change orders on construction contracts. CONSULTANT will exercise "good faith efforts" to prevent change orders wherever possible. CONSULTANT will attempt to keep costs of change orders, when necessary, to a minimum. Except where emergency in-field situations warrant immediate action, CONSULTANT will clear all change orders with CITY PROJECT MANAGER prior to authorizing Contractor to proceed with the work. 5. Prepare field directives memo for CITY review and approval. Keep a working set of as-built plans and submit a fmal set of "red-lined" as-built plans prior to the post-construction meeting. e Prepare input for monthly progress payments in accordance with CITY (~uidelines on a specified day of each month. Prepare a Final Progress Report and Final Progress Payment, which shall include all contract items and Contract Change orders for the completed project. Collect contractors certified payroll for compliance with prevailing wage requirements (if applicable). 97-9 I05/ExhibitA.doc -3 - 10., Review contractor's requests and submittals and prepare recommended responses for CITY's staff approval. 11. Provide an ongoing review of Contractor's performance against Contractor's schedule and advice CITY of any inconsistencies and request revised schedule in accordance with the contract specifications. 12. Monitor and review adequacy of Contractor's traffic control plan: provide notification to Contractor of any known non-compliance with the required traffic control installations. 13. Coordinate and monitor installation of gas, telephone, electrical, and television utility system (if applicable). 14. Monitor Contractor's job safety policies and program. 15. Research and report status of liens or claims against the project. 16. Coordinate special meetings to resolve issues which have been lef~ unresolved at a daily or weekly meeting. 17. Consult and advise with the City and act as his representative in dealings with the Contractor as directed. 18. Issue instructions of the City to the Contractor. 19. Monitor Contractors compliance with all Federal, State and local laws and regulations applicable to the work including NPDES and SWPPP compliance. 20. Prepare the daily construction inspection reports for the project work. 97-9105/ExhibitA.doe -4- 21. CONSULTANT shall coordinate and schedule all field and laboratory testing services (by others) necessary for construction. 22. In the event of inclement weather, which precludes the Contractor from working, the Consultant inspector will check the project site for safety and any storm damage. If the site is secure, Consultant Inspector will terminate his work day. Project site will be checked daily in this manner until the construction resumes. IlL PROJECT CLOSEOUT Prior to final inspection, assist the City in preparing and submitting to Contractor a list of observed items requiring correction and verify that each correction has been made. In company with the City, the Contractor and other agency inspectors, conduct a final walk (inspection) of the project for the intent of reviewing the project prior to final acceptance of contract and prior to filing the Notice of Completion. 3. Assist the City in preparation of "Notice of Completion." Provide final set of "redlined" as-builts to design engineer for as-built revisions to original project drawings. 97-9105/ExhibitA.doc -5- EXHIBIT B PAYMENT SCHEDULE -8- r :\cip~projec~\pw-~5~pw95-12~wcbb. a~'/ajp ALBERT A. ASSOCIATES ~VGINEHRING CONSULTANT~ FEE SCHEDULE Senior Consultant .................. :.; .........................................................95.00 Principal Engineer .............................................................................90.00 Project Manager ................................................................................85.00 Project Engineer ................................................................................85.00 Assistant Project Manager ....................................................................65.00 Engineer - Designer ............................................................................70.00 Designer- Senior ...............................................................................65.00 Designer ..........................................................................................·60.00 Assessment Engineer - Senior ............................................................... 85.00 Assessment Engineer ..........................................................................75.00 Assistant Azaeszment Engineer ............................................................. 50.00 Environmental Planner - Principal .......................................................... 75.00 Environmental Planner - Senior ............................................................. 70.00 Environmental Planner ........................................................................60.00 Draftsman - Senior .............................................................................50.00 Draftsman ........................................................................................45.00 Sugport Services Administrative Azzistant ' 50.00 Word Processor with Equipment ............................................................. 35.00 Clerical ...........................................................................................23.00 Field Services Public Works Supervisor ......................................................................60.00 Inspector- Senior ..............................................................................55.00 Inspector .......~ .................................................................................50.00 3-Man Survey Party and Equipment .......................................................... 175.00 2-Man Survey Party and Equipment ......................................................... 130.00 1-Man Survey Party and Equipment ......................................................... 74.00 Electronic Distance Measuring Equipment ................................................ 10.00 Survey/Inspector Vehicle ......................................................................55 Per Mile Outside Services Special Consultants and Purchased Services .............................................. Cost Plus 15% Miscellaneous Incidental Expenses ............................................................................Cost Postage ...........................................................................................Cost Prints, Copies, Telephone, Delivery Charges ............................................ Cost Travel & Subsistence ..........................................................................Cost Mileage ............................................................................................35 Per Mile Computer Time ..................................................................................25.00 NOTE: All rates are subject to change based on annual inflation and cost of living adjustments. *A FINANCE CHARGIg of one and one half percent (I-1/2%) per month (18% ~ year) will be added to any unpaid amount commencing thirty (30) days from date of invoice. A mechanic's lien may be filed for any invoice remaining unpaid after thirty (30) days from date of invoice. SCH 11 REV. PVT. g2 12/1/91 Mise. Y94-00/fee schedule ATTACHMENT NO. 2 r:\agdrpt\97~1028~pro95-12.-,wd/ajp CITY OF TEMECULA AGRF~!~IEN-T FOR PROFESSIONAL STRUCTURAL SERVICES RANCHO CAI.iFORNIA ROAD AT INTERSTATE 15 BlalDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS PROJECT NO. PW95-12 TI-HS AGREEMENT, is made and effective as of October 28, 1997, between the City of Temecula, a municipal corporation ("City") and MeDaniei Engineering Company, 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 October 28, 1997, and shall remain and continue in effect until ~k-~ described herein are completed, but in no event later than October 28, 2000, unless sooner terminated pursuant to the provisions of this Agreement. 2. SER~C~. Consultant shall perform the 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. PI~R]VIANCE. Consultant ._~hnll at all times faithfully, competenfiy and to the best ofhis or he~ ability, experience, and talent, perform all tasks described herein. Consultant shah employ, at a minimum, generally. a¢cepl~l standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agr~ment. 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, attached hereto and incorporal~d herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Twmty Six Thousand Two Hundred Ten Dollars and No Cents ($26,210.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not he compemated for any services rendered in connection with its performance of this Agreeme~ 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 he 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 ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall he approved by the City Council. c. Comultant will submit invoices monthly for ac0.ml services performed. Invoices ~imll be submitted on or about the first business day of each month, for services provided in the previous month. Payment .~mll be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of comulmnt's fees it ,ohall give written notice to Consultant within ~0 days of receipt of a invoice of any disputed fees set forth on the invoice. $. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. ~ae City may at any Rme, for any reason, with or wilhout cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ~en (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 ~e remainder of this Agreement. b. In ~e 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 ~ermlmfion of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultnnt's failure to comply with the provisions of this Agreement shall consfitu~ a default. In the event that Consul~mt is in default for cause under the ~xms of ~is Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed afar the date of default and can terminate this Agreement immediately by written notice to ~e 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 he considered a default. b. ff the City Manager or his dele~te determines that the Consultam is in default in the performance of any of the l~rms or condifiom of this Agreement, it shall serve the Consultant with written notice of the default. The Comul~ant 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 withovt prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNER~IIIP OF DOCUMENTS. a. Consultant shall maimain complete and accurate records with respect to sales, costs, this Agreement. Comul~ant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall he maintained in accordance with generally accelged accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasomble times to such books and records, shall give City the right to examine and audit said books and recorda, shall permit City to mak~ transcripts therefrom as necessary, and ~ allow inspection of all vaxk, data, documents, proceedings and activities relamd to this Agreement. Such records, together with supporting documents, shah he mainraimA for a period of three (3) years after receipt of final payment. b. Upon comple.~on of, or in the event of ~rmination or suspension of this Agreement, all ofigiml docume~, desigm, drawings, maps, models, computer ties, surveys, no~s, and other documents sole property of the City and may be used, reused or otherwise disposed of by the City without the permi~ion of the Comul~ant. With respect to compuler files, Consultant shall mak~ available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, c. With ~ to the design of public improvements, the Consultant shall not be liable for any 'injuries or propet~ damage resulting from ~e reme of the design at a location other fl~an that specified in Exhibit A wigout the written consera of the Consultam. 8. INDEMNIFICATION. The Comult~nt agrees to defend, indemnify, pro~ect and hold harmless fi~e City, its officers, officials, employees and volunleers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or naun~ which the City, its officers, agents and employees may susl~ or incur or which may be ira.nosed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omi~ions in performi~ or ~{!in~ ~o perform ~fider th~ ter!~ of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSTIRANCE RE0~MENTS. Consultant shall procure and maintain for the duration of the contract ~ against claims for injuries to persons or damages to proi~erty which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minlmnm Sco~e_ of Insurance.. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Hd. 1/87) covering Automobile Liability, code 1 (any auto). O) Worker's ~ insmance as required by ~e State of California and Employer's Liability Insurance. ~'rors ~ omi.~!/ons liability 'insurance approl~le to ~e consultant's profession. b. Minimum Limit~ of l~au'sn~. Consul~mt shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, pets/real injury and pro, my damage. ff Commercial General Liability Insurance or other form with a general aggregate limit is used, either fi~e general aggregate limit shall apply separalely to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile liability: $1,000,000 per accident for bodily injury and property damage. (3) ~*s 1 l~bility: $1,000,000 per accident for bodily injury or disease. (4) Errors and oral--ions liability: $1,000,000 per occurrence. c. Dedu_clibles and Self. lured Retentions. Any deductibles or self-insured retentions must be declared io and ~01xoved by ~he City Manager. At the option of the City Manager, either the insurer shall fence or elimlmle s~ch ~'b~ or self-insured relentions as respects ~ City, its officers, officials, employees and volumeers; or ~e Comultant shall procure a bond guarameeing payment of losses and rela~l investigations, claim administration and defense expenses. d. ~ l~r~nee Provi.~ The gemral lhb/lity and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volumeers 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 Consultant4 or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special !imitatiom on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claimg relaled to thi.~ project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and vo~. Any insurance or self-insured rnn_ in~ined by the City, its officers, officials, employees or volunteers shah be excess of the Comuhant's insurance and shah not contribule with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warramies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separalely to each insured agaimt whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each imursnce policy required by ~hi.~ clause shall be endorsed to stale that coverage shall not be su~ended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior writlen notice by certified mail, return receipt zequesled, has been given to the City. e. ~.ty 0f~, Insurance is to be placed wi~h insum~ with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Covera_~,e. Consultant shall furnish the City with original endorsements effecting coverage required by this chuse. The endorsements are to be signed by a person au~x~xl 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 allernative to the City's forms, the Comulmnt's insurer may provide complele, certified copies of all required insurance policies, including endorsements effecfing 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 contrsc~. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consuitant's exclusive direction and comrol. Neither City nor any of its officers, employees or agents shall have comrol over the conduct of Consultant or any of Consultant's officers, employees or agems, except as set forth in this Agreement. ~tant shah 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 shah 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 ~his Agreement. Except for the fees paid to Consultant as provided in the Agreement, City daaR not pay salaries, wages, or other compemafion Io 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. LI~AL RV.g~ON-gmlLrrlv. q. The Comulmnt shall keep itself informed of Stale and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with aH such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the 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 writion authorization. Cormgiant, its officers, employees, agents or subcontractors, shall not without writ~n authorization from City Manager or unless requesi~ by g~e City Attorney, voluntarily provide declaratlom, letters of support, testimony at depositions, respome to interrogatories or other information concerning the work performed under Ibis Agreement or rela~ing io 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, agems or sulxxrawaciors be served with any summons, complaint, subpoem, notice of deposition, request for docamaents, in~rrogatories, request for admisaiom or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains ~e right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proc4N~ling. 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. NONCES. Any notices which either party may desire to give 1o the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable doco~me_nt delivery service, such as but not limited to, Federal Expresa, that provides a receipt showing date and lime of delivery, or ('tii) mailing in the United States Mail, certified mail, postage prepaid, rerum receipt requestM, addressed to ~he address of the party as set forth below or at any ofiaer address as that party may later designate by Notice: To City: City of Temecula Mailin.~ Addregq: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: McDaniel Engineering Company, Inc. 5030 Camino De La Siesta, Suite 204 San Diego, California 92108 At~ntion: lack L. Abcarius, P.E., Vice President (619) 692-1920 14. ~. The Comullant shall no~ amign the performance of lhiz Agreement, nor any part thereof, nor any monies due hereunder, without prior writ~n consent of the City. Because of the personal mUn'e of the services to be rendered pursuant to this Agreement, only Greg Butler, P.E., Senior Bridge Engineer shah perform the services described in this Agreement. Greg Butler may use asais~mts, under their direct supervision, to perform some of ~he services under ~his Agreement. Consultant shah provide City fourteen (14) days' notice prior to the departure of Greg Butler from Consultant's employ. Should be or she leave Consultant's employ, the city shah have the option to im~tely ~ermi~te this Agreement, within lhree (3) days of lhe giose of said notice period. Upon termillation of thi8 Agreement, Consultant'$ 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. 1~. ~CEN~. At all dm~ 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 ~hat the laws of the State of California shall govern the rights, obligations, duties and Habilides of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concendn~ this Agreement shall ~ke place in ~be municipal, superior, or federal disUict court wilh geographic jurisdiction over the City of Temecula. In lhe event of litigation between the parties concerning Ibis Agreement, lhe prevailing party as determined by ~e ~ shall be emified to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contalin the eraire undersmiling between the parties rela6ng to the obligations of the poxties described in this Agreement. All pdor or coomnporaneous agreeme. ms, undemmx~/n/s, represematiom and statements, oral or written, are merged into this Agreement and ,~h~11 be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all fac~s such party deems material. 18. AUTHORITY TO EXECUTE THI~ AGREFA~NT. The person or persons execudng this Agreement on behalf of Consultant warrants and represent~ 'that he or she has the authority to eyecue this Agreement on behalf of ~e Consultant and has fi~e au/x)rity to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused ~his Agreement to he executed the day and year first above written. C1TY OF TEMECULA Pairicia H. Birdsall, Mayor Attest: June $. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT McDaniel Engineering Company, Inc. 50'30 Camino De La Siesta, Suite 204 San Diego, CA 9210~ (619) 692/~/ /d/ TASKS TO BE PERFORM~13 . M .DANIELENGINEERING October 15, 1997 RECEIVED OCT 1. $1997 CITY OFTEI -CU . ENGINEERING DEPARTMEN City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: Mr. Don Spagnolo, Principal Engineer - Capital Projects Subject: Proposal for Construction Support ~ Rancho California Road Overcrossing (Widen) Dear Don: As we discussed, we have prepared this proposal to provide construction support in connection with the subject structure. We understand the City of Temecula will staff the project with a Resident Engineer and a Bridge Inspector experienced with bridge widening and tieback wall construction. The Bridge Inspector will be responsible for bridge construction inspections, contract administration, monitoring of bridge construction operations for contract compliance, as well as coordinating materials testing. McDaniel Engineering's role during construction will consist primarily of technical assistance to the Resident Engineer and Bridge Inspector. Consultant services, when requested or required, will include the following tasks: 1. Assist the Resident Engineer or Bridge Inspector in the interpretation of the contract documents. 2. Produce the bridge "4-scale" drawing, based on field survey of existing edge of deck. 3. Review contractor submittals including: · Excavation/shoring plans · Temporary falsework plans and camber strips · Prestress shop drawings · Tieback shop drawings · Concrete mix designs and aggregate gradings · Precast, prestress concrete pile shop drawings and pile hammer analysis 4. As-built plan revisions based on the Resident Engineer's marked-up set of bluelines. We have included a representative from McDaniel Engineering Company attending five meetings during the course of the work in the estimate of fees. Additional meetings will be considered separate tasks and will be billed separately on a time-and-materials basis, in accordance with our current schedule of fees. 5030 Camino De La Siesta, Suite 204 · San Diego, California 92108, (619) 692-1920 Fax (619) 692-0634 E-Mail: 102521.3714 @Compuserve.corn City of Ternecula Attn: Mr. Don Spagnolo, Principal Engineer Construction Support ~ Rancho C.4 Road Overcrossing October 15, 1997 We propose to provide the services outlined above and in accordance with the attached "EXHIBIT A", Estimate of Fees, on a time-and-materials basis, not to exceed $26,210. Thank you for the opportunity to extend our commitment to this project. We look forward to working with you and completing another project successfully. Very truly yours, McDaniel Engineering Company, Inc. /dr g .er, Senior Bridge Engineer GB:clb Enclosure: "EXHIBIT A" ~ Estimate of Fees Pitident Page 2 of 2 F. XHIBIT B pAYMENT ~CHNDULE McDaniel Engineering Company, Inc. Hourly Charges Principal Bridge Engineer ...........................................................................$120.00 Senior Bridge Engineer .................................................................................$95.00 Associate Bridge Engineer ..........................................................................$85.00 Assisumt Bridge Engineer .............................................................................$70.00 Senior Bridge Draftsperson ...........................................................................$65.00 Bridge Draftsperson ......................................................................................$ 55. 00. Word Processing .........................................................................................$45. O0 Vekicle Mileage ......................................................................................$0.3 I/Mile Hourly charges include provision for normal office overhead costs, such as office rental, utilities, insurance, clerical services, equipment, normal supplies and materials, in-house reproduction services and local travel costs. Other expenses such as special consultants or purchased-outside services will be billed at cost plus l O percent. ATTACHMENT NO. 3 r:\agdrpt\97~1028~pro95-12.-wd/ajp CITY AGIaF~EMF~NT FOR PROFF~SIONAL GEOTECHNICAL SERVICES RANCHO CALIFORNIA ROAD BRIDGE WIDENING NORTHBOUND RAMP IMPRO~ AT INTERSTATE 15 PROJECT NO. PW95-12 THIS AGREEMENT, is made and effective as of October 28, 1997, between the City of Temecula, a municitml corlaxation ("City') and Petr~ Geoterhrfie~i, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shah commence on October 28, 1997, and shall remain and continue in effect until tasks desto'bed herein are completed, bat in no event later than October 28, 2000, unless sooner terminated pursuant to the provisions of ~is Agreement. 2. SER~CES. Consultant shall perform the tasks described _aM set forth in Exhibit A, attached hereto and incorporMed herein as though set forth in full. Consul~nt shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. I~EP-FORMANCE. Consultant shall at all _times_ faithfifily, competentiy and to the best of his or her ability, ~, and talent, perform all tasks descdbed herein. Consultant shall employ, at a minimum, generally accepted standards and practices u 'alized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. ~AYME~. 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, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual lime spent on the above tasks. This amount shall not exceed Seventy Five Thousand N'mety Five Dollars ~nd No Cents ($75,095.00) for the total term of the Agreement unless additional payment is approved as provided in ~ Agreement. b. Consultant shall not be compemated for any services rendered in connection with its pediramme 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 .~hall such sum exceed ten thousand dollars ($10,000.00). Any additioml work in excess of this amount shall be approved by the City Council. c. Comultam will suimait invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within ~irty (30) days of receipt of each invoice as to all nondisputed fees. If the City dispme~ any of comulmnt's fees it shall give writleto notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any lime, 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 sholl not make void or invalidate the remainder of this Agreement. b. In the event ~ 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 ~erminafion of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 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. ff 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 ~he 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 fight, 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, expense, receipts and other such information required by City ihat relate to the performance of services under ibis 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 ~o the representatives of City or its designees at reasonable times to such books and records, shah give City the right to examine and audit said books and records, shah permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shah he maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termimtion or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shah 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, Consultant shall'make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to ~e design of public improvements, the Consultant shall not he 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 ~e City, its officers, officials, employees and volunteers from and against any and all claim.~, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissiom in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INhXIRANCE REOUIREMENT~q. 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 Scone of Insurnnee... Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Errors and omissions liability insurance appropriate to the consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate'limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibl~ and Serf-Insured Retentiom. Any deductibles or self-insured retentions must be declared to and aIlm~ed by ~e 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. Olher Insurance Provi~'om. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as imureds as respects: liability adsing out of activities performed by or on behalf of ~ Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or -3- ~.~ip~~2¥~t~.~/ajp automobiles owned, leased, hired or borrowed by the Consultant. The coverage ~11 contain no special limitations on the scope of protection afforded to the City, ill officers, officials, employees or volunteers. 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 volunleers. Any insurance or self-insured maintained by the City, ill officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shah 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, ill officers, officials, employees or volunleers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the liraill of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage ~11 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. Accep_ tabill .ty of Insurers. Insurance is to be placed with imurers with a current A.M. Best's rating,of no less than A:VII, unless otherwise acceptable to the City. 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 ill 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 Ibe 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. Consultam 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 ill officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agems, 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 .~laries, 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 State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of ill service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and ill officers and employees, shall not be liable at law or in equity oecasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, inte. rrogatories, 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 1ocaled within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proce, ex!__ing. Consultant agrees to cooperate fully with City and ~o provide City with the oppommity to review any response to discovery requests provided by Consultant. However, City's right ~o review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICe. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) persoml service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing dam and time of delivery, or ('fii) mailing in the Uniled States Mail, certified mail, postage prepaid, return receipt requeslnd, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temeeula, California 92590 Attention: City Manager To Consultant: PETRA GEOTECHNICAL, INC. 27620 Commerce Center Drive, Suite 103 Temecula, California 92590 Attention: Mark Bergmann (909) 699-6193 14. &~.CahlM~. The Consul~nt shall not assign the performance of ~ Agreement, nor any pan thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Mark Bergmann shall perform the services described in this Agreement. Mark Bergmann may use assistants, under their direct supervision, to perform some of the services under ~his Agreement. Consultant shall provide City fourteen (14) days' notice prior to lhe departure of Mark Bergmann from Consultant's employ. Should he or she leave Consultant's employ, ~ city shall have the option to immediately terminate this Agreement, within three (3) days of/~e close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shah 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. LICEN~. 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 phce in fi~e municipal, supedor, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concoming this Agreemere, fize prev$iling party as determined by the Court, shall be endfled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. 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 contempo~ agreement, undermndings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIN AGRIgEMENT. 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 aufiaority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHERF~F, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Patricia H. Birdsall, Mayor Attest: June $. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Petra Geotechnical, Inc. 27620 Commerce Center Drive, Suite 103 Temecula, California 92590 TASKS TO ]~E PERFORMED PETRA COSTA MESA · NEWPORT BEACH · SAN DIEGO · TEMECULA September 29, 1997 Revised October 15, 1997 P.N. 1482-97 CITY OF TEMECULA 43200 Business Park Drive Temecula, California 92590 Attention: Mr. Don Spagnolo RECEIVED OCT 1 5 1997 CITY OF TEMECULA ENGINEERING DEPARTMENT Subject: Revised Proposal for Geotechnical Services During Grading and Materlai.~ Testing and Inspection Services During Construction for the Rancho California Road Bridge Widening and Northbound Ramp Improvements at Interstate 15, City of Temecula, Riverside County, California (Project No. PW 95-12) At your request, Petra Geotechnical, Inc. (Petra) is pleased to submit this revised proposal for performing geotechnical engineering, engineering geologic and field and laboratory testing services during grading operations and materials testing and inspection services during construction for Project No. PW 95-12 in the City of Temecula, California. This proposal has been revised based on conversations with Mr. Steve Beswick of the City of Temecula and reflects some reduction in our scope of services that will be provided by the contractor and/or the onsite Caltrans inspector. Petra has been extensively involved in the geotechnical investigation and field observation for similar projects within the vicinity of the subject site. In preparing this proposal, we have reviewed, the plans, specifications and contract documents for the proposed road-widening project. PETRA GEOTECHNICAL, INC. 27620 Commerce Centre Drive, Suite 103 Temecula, CA 92590 Tel: (~09) 8~-61~3 Fax: (909) 699-6t97 SCOPE OF SERVICie~q Petra would provide the following services during grading: · Attending a pre-grade meeting and performing an initial site observation. Initial: __. Owner Authorized Agent CITY OF TEMECULA Rancho California Road/Bridge Widening September 29, 1997 Revised October 15, 1997 P.N. 1482-97 Page 2 Observation and field testing services during site grading. Required engineering and engineering geologic support and quality control review. Consulting services and corrective and/or remedial recommendations, if necessary. Necessary laboratory tests to support our field services and satisfy regulatory agencies requirements. Preparation of field and final compaction reports as required. Footing trench excavation observation and testing. Utility trench backfill observation and testing. Retaining wall footing, drainage and backfill observation and testing. Concrete flatwork pre-soaking observation and probing. Curb, gutter and sidewalk observation and testing. Pile-driving inspection and documentation. Street subgrade, base and asphalt testing. Concrete, grout and shotcrete inspection and compressire strength testing. Retaining wall tie-back inspection services. Preparation of field and final reports for the above services. Initial: Owner Authorized Agent CITY OF TEMECULA Rancho California Road/Bridge Widening September 29, 1997 Revised October 15, 1997 P.N. 1482-97 Page 3 ESTIMATE OF FEES Our services are expected to be performed on a part-time, on-call basis. Our fee greatly depends on the duration of the project, project coordination, quality of the work, subsurface soils condition and the number of times our professional, supervisory and field personnel are requested to visit the site; all of which are beyond our control. Therefore, we propose to charge for our services on a time-and- cost basis in accordance with our Standard Fee Schedule (attached). As a cost- savings measure to the City, we will provide you with a Caltrans-certified senior technician at our standard technician rate, saving you $10/hour off the normal rate. For the reasons cited above, an exact ceiling for our services may not be established at this time. However, for your budgeting needs only and based on the scope of services outlined above and on our experience with similar projects, we have assumed 350 working days of part-time observation and testing during grading and construction, including a proportional amount of laboratory testing, technical review and report writing. We estimate that our total charges for grading, post-grading and construction materials testing services would be on the order of Seventy- Five Thomand Ninety-Five Dollars ($75,095.00). It should be noted that' these values are considered tentative based on the assumptions made above and should be reviewed and verified by your project manager. If the work exceeds our above estimate, we will bill you for all additional work on a time-and-cost basis in accordance with our standard fee schedule. Please contact us prior to execution of this Initial: Owner.__Au~ortzedAgffit CITY OF TEMECULA Rancho California Road/Bridge Widening September 29, 1997 Revised October 15, 1997' P.N. 1482-97 Page 4 proposal to refine our assumptions. If necessaxy, a revised proposal may be provided upon request. Due to our close proximity to the project, no travel time will be charged. A 2-hour minimum will be charged for each site visit by our technicians and professional staff. INVOICES AND PAYME Petra Geoteehnical, Inc. will submit detailed invoi,:es to you for payment on a monthly basis. Invoices will specify the actual costs inc~ a'red during the billing period, which is the first of the month through the end of the m ~nth. Invoices for consulting services will reference the specific tasks for which the 'costs were incurred. Indirect costs such as equipment, materials and subcontracted w,~rk will also be included. The invoices are due and payable on or before 30 days regardless of whether or not the work is reimbursable b is due prior to the release of information or reports. after the date of the invoice, i another party. Final payment We welcome the opportunity to discuss this proposal ,&ith you if there are questions or comments regarding the proposed scope of services or costs. In/tial: Owner Authorized Agent CITY OF TEMECULA Rancho California Road/Bridge Widening September 29, 1997 Revised October 15, 1997 P.N. 1482-97 Page 5 The opportunity to present this proposal is sincerely appreciated. If this proposal and the attached Exhibit "A" - Conditions meet with your approval, please sign where noted and return them to this office. If you have any questions regarding the content or terminology of these conditions, please contact us immediately. Any revisions must be agreed upon by both parties prior to commencement of work. Respectfully submitted, PETRA GEOTECItNICAL, INC. MB/keb Attachments: Table 1 - Breakdown of Estimated Cost Schedule of Fees Exhibit A - Conditions Distribution: (2) Addressee Owller Au~orizedAg~t CITY OF TEMECULA Rancho California Road/Bridge Widening September 29, 1997 Revised October 15, 1997 P.N. 1482-97 Page 6 TABLE 1 Geotechnieal Review of Construction Plans Pre-Constmction Conference Field Observation and Testing During Rough Grading 280 b_rs ~ 4 hrs ~ $115/b.r 3 bas @ $115/hr $55/111' Field observation and Testing During Utility. Trench Backfill Testing 130 hrs ~ Field Observation and Testing -- Sub~m, acle and Base $55/hr 6o h~ @ $55/hr · Footing Observation 20 hrs ~ $55/hr · Field Testing -- Ashhalt 20 hrs ~ $55/hr · Field Observation -- Pile Driving 120 hrs ~ $55/hr · Field Observation -- Tie-Backs 115 hrs ~ $55/hr · Field Observation -- Shotcrete 12 hrs @ $55/hr · Field Concrete Inspection 90 bas ~ $55/hr · Field Reinforcing Steel Inspection 25 hrs ~ $55/hr 460.00 345.00 15,400.00 7,150.00 3,300.00 1,100.00 1,100.00 6,600.00 6,325.00 660.00 4,950.00 1,375.00 Initial: Owner Authorized Agent CITY OF TEMECULA Rancho California Road/Bridge Widening September 29, 1997 Revised October 15, 1997 P.N. 1482-97 Page 7 Laboratory. Testing Cal 216 24 tests Marshall 6 tests Compresslye strength: Concrete 75 tests Grout 30 tests Shotcrete 18 tests Reinforcing bars: Tensile 10 tests Bend 10 tests ~ $150/ea 3,600.00 @ $150/ea 900.00 ~ $15/ea 1,125.00 ~ $15/ea 450200 ~ $15/ea 270.00 ~ $48/ca 480.00 ~ $48/ea 480.00 Laboratory Testing Subtotal: - Associate Engineer 40 hrs ~ · Project Management,. QA/QC Review, Scheduling 5oh s @ · @ 7,305.00 $115/hr 4,600.00 $95/hr 4,750.00 $115/hr 5,175.00 4:500.00 TOTAL COST ESTIMATE: $75,095.00 Owner__AuthorizedAgent EXHIBIT B PAYMHNT S~I-I~DUL]~ STANDARD FEE SCUF~DUI,E July 1, 1996 Principal Engineer/Geologist Senior Associate Engineer/Geologist Associate Engineer/Geologist Senior Project Engineer/Geologist Project Engineer/Geologist Senior Staff Engineer/Geologist Staff Engineer/Geologist ' Supervising Engineering Technician Senior Engineering Technician Eagineering Technician Senior Public Works Technician Public Works Technician Deputy Geotechnieal Inspector Deputy Concrete Inspector Deputy Masonry Inspector Laboratory Testing Draftsperson Xerox Rate Outside Consultants Drilling/Equipment Rental Postage Blueprints Travel & Transportation Subsistence Company Equipment Usage Mileage/Truck Usage Word Processing/Clerical * Costs for Field Density Testing are included. ~' Four-Hour Minimum- NOTE: $125.00/hr. $115.00/hr. $105.00/hr. $100.00/hr. $100.00/hr. $ o.oo . $ 85.00/hr. $ 85.00/hr.* $ 65.00/hr.* $ 55.00/hr.* $ 75.00/hr. $ 70.00/lu' $ 85.00Car $ 45.00/hr.? $ 45.00air.? $ 75.00/tu-, $ 65.00/hr. $ .25/sheet Cost & 20% Cost & 20% Cost Cost Cost Cost No Charge No Charge No Charge One-way travel time from our office to field job sites is charged at the appropriate hourly rate when less than 8 hours of field time is required during any one day. When field time is 8 hours or more per day, there is no charge for travel. Overtime for technicians is $20 over the hourly rate. Overtime for deputy inspectors is 1.5 times the regular hourly rate. Initial: .. Owner Authorized Agent ITEM 29 FINANCE DIRECTOR_.,~ II CITY MANAGER j~..,, II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 Professional Services Agreement with McDaniel Engineering Company, Inc. for the Pala Road Bridge, Project No. PW97-15 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the Professional Services Agreement between the City of Temecula and McDaniel Engineering Company, Inc., for the design of the Pala Road Bridge, Project No. PW97-15 for $373,066.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $37,307.00 which is equal to 10% of the contract amount. BACKGROUND: A request for proposal (RFP No. 061) was prepared to solicit Professional Design Services for plans and contract documents to construct a new bridge over Temecula Creek from Highway 79 South to approximately 900 feet south east of Rainbow Canyon Road. The project consists of realigning Pala Road over Temecula Creek including preparation of right-of-way documents, roadway plans, structural bridge plans, channel grading, sidewalks, sound walls, landscaping and irrigation for environmental mitigation, street lighting, traffic signals, and signing and striping. A total of thirteen (13) proposals were distributed to consultants who specialize in this area. A presentation was made by the top candidates which was evaluated by the selection panel consisting of representatives from Caltrans, the Bureau of Indian Affairs, the Riverside County Transportation Department, City's Project Coordinator and City staff. McDaniel Engineering was selected by the panel as the most qualified firm to provide professional services for this project. The Scope of Work to be provided is outlined in Exhibit 'A' of the contract which identifies the tasks to be preformed including preparation and submittal of the various environmental documents and coordination with the Tribal Council and Caltrans. r.\agdrpt~97~1028~pw97-15.agr/ajp FISCAL IMPACT: The total cost for professional design services for the Pala Road Bridge, Project No. PW97-15 is $373,066.00 and the contingency of $37,307.00 for a total amount of $410,373.00. Adequate funds are available in the Capital Improvement Program Account No. 210-165-671- 5802. Professional Services Agreement - McDaniel Engineering Company, Inc. r:.~sgdrpfi97~1028~pw97-15.agr/ajp CITY OF TEMECULA FOR PROFESSIONAL DESIGN SERVICES PALA ROAD BRIDGE PROJECT NO. 1~V9~-12 THIS AGREEMENT, is made and effective as of October 28, 1997, between the City of Temecula, a munidpal corporation CCity~) and McDaniel Engineering Company, Inc., (~Comultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. ~RM. This Agreement shall commence on October 28, 1997, and shall remain and ~ in effect umil tasks described herein are completed, but in no event hter than October 28, 1999, unless sooner terminated pursuant to the provisions of this Agreement. 2. ~ER~C~. Consultant shall perform the ~sks described and set forth in Exhibit A, attached hereto and ineorpora~.A herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best ofhis or her ability, expe~, and mlent~ perform aH tasks deseribed herein. Consultant shah employ, at a mlnimHm, gellerally accep~l ~ndards and practices u 'ttlized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. a. The City agrees to pay Conairant monthly, in accordance with the payment ra~es and re'ms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount .nhn!! not exceed Three Hundred Seventy Three Thousand Sixty Six Dollars and No Cents ($.373,066.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Comul~mt shall not be conkoemated for any services rendered in connection with its pedormame of this Agreement which are in addition to ~wse 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 Mareget 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 len percent (I0n) of the amount of the Agreement, but in no event .~li ~.h sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. e. Comultant will submit invoices monthly for actual services performed. Invoices .~o~__!i be submitted on or about the first business day of each month, for services provided in lhe previous month. Payment shall be made wi//n thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City dispugs any of consultant's fees it shall give writen notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. SUSPENSION OR TRRMINATION OF AGR ~F!~I!Z~NT WITHOUT CAU~F., a. The City may at any ~, 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 mid 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 Offs Agreement. b. In ~he event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of ~e work performed up to ~e time of termination, provided that the work perfom~ is of value to the City. Upon um~mgon of the Agreement pm~uam to ~is Section, ~ Consultant will submit an invoice to the City pursuant ~o Section 3. 6. DEFAULT OF CONS3JLTANT. a. The Consultant's failure to comply with ~e 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 ~o continue compensa~ng 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 ~ 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 he considered a default. b. ff the City ~ 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 ~e default. The Consul~mt shall have (10) days afmr 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 he entitled at law, in equity or under this Agreement. 7. OWNERSflIP OF DOCUMENT,q, a. Consulumt shall maimain complete and accurate records with respect to sales, costs, expemes, receip~ and o~her such infonmfon required by City that relate to the performance of services under ~ AgreemenL Consul~n~ shall maimain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be ~ in accordance with generally accepted accounting principles and shall be clearly identified and readily acce.ssible. Consultant shall provide free access to the representatives of City or its designees at reasomble times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in ~he event of termination or suspension of this Agreement, all original documems, designs, drawings, maps, models, computer files, surveys, no~s, and o~her documents prepared in the course of providing ~ 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 permi~ion of ~e Consultant With respect to cornpurr files, Consul~nt shall ~ available ~o the City, upon reasonable writ~n request by the City, the necessary computer software an~_ hardware for purposes of accessing, compiling, transferring and printing computer ~es. c. With respect to the design of public improvements, the Comultant shall not be liable for any injuries or property danm~ remdting from lhe reuse of the de.sign at a location other than that specified in Exhibit A without the written consent of the Comvltant. 8. IN!)~CATION. The Consultant agrees to defend, indemnify, protect and hold harmless lhe City, its officers, officials, employees and volunteers from and agaimt any and all claims, demands, lossea, defense costs or expenses, or liability of any kind or mmre which the City, its officers, agents and employees may sustain or incur ot which may be impesed upon them for injury to ot death of persons, or damage to property arising out of Consullant's negligent or wrongful acts or omis~dons in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the ~igence of the City. 9. IN~IRANCE REO_UIRRMENTS. Comullant ~all procure and maintain for the duration of ~ contract insurance againqt 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, represenlatives, or employees. a. Minimum Sco_~ of lr~surnm,,.. Coverage shall he at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form nmnher CA 0001 (F.d. 1/87) covering Automobile Liability, code I (any auto). O) Worker's Compensation insurance as required by the Slate of California and Employer's Liability Inst~__nce_. Errors and omissions liability insurance appropriate to the consultant's profession. ' b. Minimum Limits of Inm~ranee. Constdtant 8hall maintain limits 11o less than: (1) General Liability: $1,000,000 per occaa'rence 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 aris project/location or the general aggregate limit shall be twice lhe required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employex's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and ,~elf-Irtmred Retenfinns, Any deductibles or self-insured retentions must be decbred so and approved by Ibe City Mareget. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and voltamers; or the Consullant shall procure a bond guaranteeing payment of losses and related investigations, claim adminisitation and defense expenses. d. O/mr Inmmm~ Prov~siom. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: O) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Comullant; premises owned, occupied or used by the Consultant; or r:~:ip~oje~s~7-15~gdanieL ngr/s~ automobiles owned, leased, hired or borrowed by the Commitant. The coverage slufil contain no special !imltafiom on the ~.ope of protection afforded to the City, its officers, officials, employees or volun~ers. For any claims related to this project, the Comultant's imurance coverage shall be primary insurance as respects the City, its officers, officials, City, its officers, officials, employees or volunteers shall be exc, e~ of Consultant's imurance and shall not con~bute with it. (3) Any failure to comply with repoOln$ or other provisions of the policies including breaches of warfatales shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 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 imurer*s liability. O) Each insurance policy required by this clause shall be endorsed to state that coverage stroll 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. A~ty_ oemsurem. Imurance is to be ~ with insur~ with a current A.M. Best's rating of no less than A:VH, unless otherwise acceptable to dm City. f. Verification of Covera_~e. Consultant shall furni~ 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 altermtive to ~e City's forms, the Comulinnt's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTi~CTOR. a. Consultant is and shall at all 6~ 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. Nei~r City nor any of its officers, employees or agents shall have control over ~he conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in ~ Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents arc 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 again~ 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 Consultam as provided in the Agreement, City shall not pay salaries, wages, or other compensation io Consultant for performing services hereunder for City. City ~!i ~ b~ ~ for compensation or ilxi~mnification to COllStlltallt for injury or sickness arising out of performing services hereulld~r. 11. LEGAL RP_~l,ONgmn.rFmq. The Consultant shall ~ itself informed of State and Federal laws and regulations which in any manmr affect those employed by it or in any way affect the performance of its service pursuant ~o fitis Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity o¢casioned by failure of the Consultant to comply with this section. RELRA~!/Olr INFORMATION. a. All information gained by Consultant in performam~ of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultaug its offracers, emlMoyees, agents or subcontractors, shall not without written authorization from lime City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatodes or other information concerning ~be work performed under ~ Agreement or relating to any project or property located within the City. Response to a subpoem or court order shall not be considered "voluntary" provided Consultant give~ City notice of such court order or subpoem. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcomractors be served with any summons, complaint, subpoena, notice of deposition, request for ~, imerrogatodes, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Collsultant 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. NONCES. Any notices which either party may desire to give to the other party under ~ Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, lhat provides a receipt showing dae and ~ne of delivery, or (ili) mailing in the Uni~l States Mail, certified mail, postage prepaid, telurn receipt ~, addreded to the address of ~he party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Addre~: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecnla, California 92590 Attention: City Manger To Consultant: McDaniel Engineering Company, Inc. 5030 Caminn De La Siesta, Suite 204 San Diego, California 92108 Attention: Jack L. Abcarius, P.E., Vice President (619) 692-1920 14. A,g~al/~F.,h~. The C. ot~tant shall not assign fl~e pedormance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of ~me City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Jack L. Abcarius, P.E., Vice President sludi perform the services described in this Agreement. Jack L. Abcarius, P.E. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Jack L. Abcarius, P.E. from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of iris Agreement, Comultant'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. l.q. LIC!/:N~. At all times during the term of ~hls Agreement, Consultant shah have in full force and effect, all licenses required of it by law for the performance of the services de~ri~ in this Agreement. 16. GOV!~_NING LAW. Tne City and Consultant undersm~ and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreemere and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal dislrict court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning ~s Agreement, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. 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 this Agreement and shall be of no furlher force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO RXECUTE TI-11~ AGR~RMI~NT. The person or persons execuling this Agreement on behalf of Consultant warrants and represents lhat he or she has the authority to execute this Agreement on behalf of the Consultant and has ~ 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 Palricla H. Birdsall, Mayor Attest lune S. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT McDaniel Engineering Company, Inc. 5030 Camino De La Siesta, Suite 204 San Diego, CA 92108 TAXK~ TO BE pERFORMED -7- EXHIBIT "A" SCOPE OF WORK McDaniel Engineering intends to approach this project with creativity and perform the tasks identified in the Scope of Services within the City's Request for Proposals and as outlined below Task I - Research and Investigation Available m-built drawings, record maps, hydrologic, hydraulic, and geomorphic information, along with other studies will be obtained and reviewed. The environmental document including but not limited to the wetlands mitigation plan, 404 and 1601 Permits will be thoroughly reviewed. The team will then determine whether any reports or amendments to existing reports must be prepared to secure Caltrans, FHWA, or any other agency's approval Utility companies will be notified early on in writing of the project and proposed improvements. Meetings with dry utility companies and water districts will be held to obtain information related to existing electric, gas, telephone, cable television, sewer, and water facilities specific to this project. Task 2 - Field Reconnaissance A detailed review of the project site will be conducted to determine the existing roadway geometrics, existing signing and striping, utility locations, adjacent grading, driveways, trees and other physical features which may impact the proposed improvements. Task 3 - Geotechnical Investigation and Report A subsurface field investigation will be performed, laboratory test conducted, and a Geotechnical Report prepared for design of the bridge, soundwalls, retaining walls, and associated improvements. The field investigation program will be prepared in consultation with the City and is expected to include a total of nine borings. If possible, undisturbed samples of the subsurface materials will be obtained at approximately five-foot intervals in the borings. Bulk samples of representative soil types will also be obtained. Standard Penetration Tests will be performed in accordance with ASTM D 1586. Laboratory tests will be performed to assess the engineering properties of the soils and for preparing construction recommendations. The following tests are planned: ~isture Compaction Test Shrinkage/Bulking/Moisture requirements Direct Shear Undisturbed Slope stability, foundations Consolidation (Undisturbed) Removal depths, foundations Sand Equivalent Backfill suitability Sieve Analysis Classification, scour, dewatering Chemical Test Cement type and steel protection A foundation report will be prepared in accordance with Caltrans' Bridge Design Aids Manual 15-3 and will include recommendations for foundation types and footing elevations, and will address anticipated fill settlement periods to prevent differential settlements. The report will also include descriptions of the nature of materials found on the site, assessment of liquefaction potential, and Task 3 - Geotechnical Investigation and Report (continued) seismic design data in accordance with Caltrans seismic design criteria. Recommendations for pavement design and fill placement will also be included. A Log of Test Borings will be provided for inclusion into the construction documents. The Foundation Report will be signed by an Engineering Geologist or Civil Engineer with deep foundation experience and registered in the State of California. Tasl~ 4 - Surveying and Mapping A topographic survey will be conducted in order to establish A) horizontal and vertical alignments, B) aerial panels for photogrammetry, and C) placement of a benchmark near the site (based on Riverside County Bench Datum for the area). Two focussed biological surveys will also be conducted for the southwestern pond turtle. Task $- Utlllty Coordination Required interface with the following utility representatives will be maintained to obtain preliminary designs of any required utility reiocations and/or potential new utilities. transmission mains Southern California Edison Rancho California Water District Eastern Municipal Water District GTE ATT MWD T.C.I. Cablevision Existing overhead line Existing reclaimed water line-Future domestic main Existing gravity main-Future gravity main Existing conduits-Possible future conduits Existing conduits-Possible future conduits Task 6- 30% Plans and Estimates Immediately upon completion of field surveys, preliminary (30%) roadway and bridge plans will be developped and submitted for City approval and forupdating costs and schedule as required by the HBRR program. Roadway plans will consist of vertical profile, horizontal geometrics, typical section, and limits of fill slopes. Approximate impacts to right-of-way will be delineated as well. In addition, roadway hydrology and hydraulic reports will be submitted to the City for review. For the bridges, Structure Type Selection will be conducted in accordance with Caltrans Bridge Design Aids Section 10. A General Plan will be prepared showing recommended structure type, along with plan, typical section and elevation views. A General Plan Estimate and Type Selection Memo will be prepared and submitted as well. Task 7- Right-of-Way Maps Upon City approval of 30% plans, right-of-way maps will be prepared, if needed, in accordance with FHWA criteria. This will include off-site right-of-way for wetlands mitigation purposes, construction easement, and abandonment of existing right-of-way. If requested, legal descriptions and plans will Task 7- Rlght-of-~Fay Maps (continued) be prepared and assistance provided to the City for acquisition. In addition, the consultant will conduct meetings with the Home Owners Association in order to inform them of the improvements and gain their approval. A total of three meetings are assumed for this project. Any additional meetings that may be required will have to be billed as additional services. Due to the uncertainty of the design parameters, legal plats and descriptions for the soundwalls and/or the abandonment of the existing Pals Road are not included within this scope of work. Tas~ 8- $0% Plans and Estimates Following the 30% approval from the City, preparation of unchecked (50 percent) roadway, storm drain improvement, landscaping improvement, traffic control plans (2 phases), signal and striping plans, soundwalls and retaining walls, bridge, and abutment slope protection plans will be prepared and submitted for City review. Bridge plans will be prepared in accordance with Caltrans' Bridge Design Specifications and supporting manuals, while all other improvement plans will be prepared in accordance with City of Temecula, County of Riverside, and Caltrans Standards. All plans will adhere to the current environmental requirements. Taslt 9 - Independent Structural Checl~ An independem structural check calculation will be conducted along with independent quantities in accordance with FHWA and Caltrans' Policies and Procedures. A separate set of calculations will be compiled by an independent in-house engineer for inclusion in the Initial PS&E package. Task 10 - 90% Plans, Specifications, and Estimates Agency review comments along with the independent structural checker will be incorporated into the plan package, and initial (90 percen0 PS&E will be prepared and submitted for another round of review. At this point, the design will be considered essentially complete except for inclusion of any subsequent comments that may be generated. The submittal will include: Checked plans Structural design calculations and check calculations Project specifications Quantity Summary Sheets Engineer's Estimate The package will be complete, stand-alone documents. The estimate will list federal participating items separately from non-participating items in accordance with FHWA/HBRR guidelines and procedures. Task 11 - Final Plans, Specifications, and Estimates Agency review comments will be incorporated into the plan package and a final submittal made to the City. Submittals will also be made to all agencies involved, and approvals will be obtained and/or documented. The submittal will include the following: One set of original tracings (24"x36" mylars) Six sets of blue lines Four sets of project specifications Two sets of quantity calculations and estimate [] Four sets of design and check calculations Ta~k 12 - Bidding and Construction Support Consultant will be available to assist the City, answer queanions and prepare contract addends as required during the bidding period. Bid analysis and recommendation for award can be rpovided if desired. Services during construction would consist of technical assistance to the Resident Engineer and would typically include response to contractor inquiries and review of contractor submittals and shop drawings. Toslt 15 - Project Management / Coordination From the inception of the project, management services will be provided for control, coordination and administration of the work. McDaniel's approach is described in more detail in the following section, however, basic tasks would include the following: Progress Meetings - One monthly or as necessary trend meetings with City and affected agencies &:heduling- Preparation and updating of overall project schedule Processing Assistance - Prepare and submit documentation for HBRR, NPDES, State of California Water Resources Control Board, CA Department of Fish and Game, US Army Corps of Engineers, US Fish and Wildlife Service, etc... Quality Control- Internal quality control/quality assurance activities [] Cost Accounting - Compiling and reporting expenditures and budget status [] Coordination - Coordinate with local City and Tribal Council on bridge aesthetics, and coordinate with utility agencies and City representatives Tasit 14A - Feasibility Study for CaLifornia Sunset Homes, Secondary access Consultant shall prepare feasibility study investigating alternate secondary access in lieu of Cupeno Lane to the California Sunset Home Tract. Alternate secondary access alignment to follow the extension ofLa Paz Road and provide for a "Tee" intersection with Pechanga Drive. Feasibility study to include construction costs associated with the La Paz extension and constructing a cul-de-sac at Cupeno Lane and existing Pals Road intersection. Task 14B - Alternative Design for California Sunset Homes, Secondary Access If alternate secondary access to California Sunset Homes is determined to be feasible, consultant shall prepare street improvement plans providing for the extension ofLa Paz Road to Pechanga Lane. Task 15 - Reimburseables A not to exceed amount of $8,650.00 to cover the expenses of other direct costs such as blueprints, reproductions, mileage, travel to Sacramento (if necessary), will be added as a line item to the cost proposal. This amount does not include lump sum items for drilling costs'or the cost of the photogrammetric surveys which are included in other tasks of the cost proposal. PALA ROAD BRIDGE PROJECT PW97-15 EXHIBIT "A" ,~,:~'",,~' ~, .:.~'~'.,~,~,, ,,J~tl~em:eo~~* ~,-~,~~~..'. '~" _-'~~.~ .,~.,,~:,~. · ~,:., ,, :,,',~:~ ,_ .-'~;~"T~,.~.:' ,~.' ' ,,:',,..,':,~'~' '~~~ ' ~' '~'"'~~, ,""~""'2", "~r'~~"~~ ',,~~-"'1"~~ ,"J'77..~, ,"-,.~, ~r,.'"dr~.· ,.. ~ .... ', , ' ........................ APS = Analytical Photogrammetric Surveys ,, TASK DESCRIPTION and FIRM TASK 1 - RESEARCH AND INVESTIGATION McDaniel Engineering Co. Trans-Pacific Consultants TASK 2 - FIELD RECONNAISSANCE McDaniel Engineering Co. Trans-Pacific Consultants TASK - 3 GEOTECHNICAL INVESTIGATIONS McOaniel Engineering Co. AGRA Earth and Environmental TASK 4 - SURVEYING AND TOPOGRAPHY Trans-Pacific Consultants Trans-Pacific Consultants/APS (Lump Sum) KEA Environmental TASK 5 - UTILITY COORDINATION McDaniel Eng~eering Co. Trans-Pacific Consultants Butsko Utility Consulting Group TASK 6 - 30% PLANS AND ESTIMATES McDaniel Engineering Co. Trans-Pacific Consultants TASK 7 - RIGHT-OF-WAY MAPS Trans-Pacific Consultants TASK 8 - 50% PLANS AND ESTIMATES McDaniel Engineering Co. Trans-Pacific Consultants TASK 9 - INDEPENDENT STRUCTURAL CHECK McDaniel Engineering Co. TASK 10 - 90% PLANS, SPECIFICATIONS AND ESTIMATES McDaniel Engineering Co. Trans-Pacific Consultants RKJK and Associates The Alhambra Group Lump Sum HOURS COST Items 64 $6,680 64 $4,960 16 $1,720 16 $1,360 8 $860 232 $19,373 $7,373 126 $12,850 102 $6,410 12 $1,140 40 $3,400 90 $7,2O0 22O $20,700 284 $21,530 76 $6,100 576 $46,640 518 $38,445 2O0 $14,000 300 $25,600 175 $12,335 227 $13,795 35 $2,340 $7,000 PALA ROAD BRIDGE PROJECT PW97-15 EXHIBIT "A" TASK 11 - FINAL PLANS, SPECIFICATIONS AND ESTIMATES McDaniel Engineming Co. Trans-Pacific Consultants RKJK and Associates The Alhambra Group TASK 12 - BIDDING AND CONSTRUCTION SUPPORT McDaniel Engineering Co. Trans-Pacific Consultants The Alhambra Group TASK 13- PROJECT MANAGEMENT McDaniel Engineering Co. Trans-Pacific Consultants Grand Total Hours & $= TASK 14A - FEASIBILITY STUDYFOR CA. SUNSET HOMES McDaniel Engineering Co. Trans-Pacific Consultants TASK 14B - ALTERNATIVE DESIGN FOR CA. SUNSET HOMES McDaniel Engineering Co. Trans-Pacific Consultants Total for Tasks t4A and 14B = TASK 15 - REIMBURSEABLES McDaniel Engineering Co. Trans-Pacific Consultants AGRA Earth and Environmental KEA Environmental RKJK and Associates The Alhambra Group Butsko Utility Consulting Group 66 $6,33O 33 $2,390 33 $1,845 81 $4,840 52 $5,240 24 $2,160 26 $1,780 280 $33,600 130 $11,500 4106 $361,466 4 $480 58 $4,62O* 4 $480 58 $5,340 124 $12,920 Total Reimbumeables = $2,000 $1,200 $5,000 $200 $500 $750 $250 $750 $8,650 Grand Total Amount for Tasks t thin 13 + Reimburseables = $360,146 Total of all Tasks inclusive = $373,066 EXHIB~ B PAY'M~NT SCI-IRD~JLR -8- r:~cipyrojecu~vOT\pwgT-tS~naleai~,Lqr,~ McDaniel Engineering Company, Inc. EXHIBIT "B" Hourly Charges Principal Bridge Engb, eer ............., .............................................................$120.00 Senior Bridge Engineer ....................;. ...........................................................$95. O0 Associate Bridge Engineer ............................................................................$85. O0 Assistant Bridge Engineer ...................................................................., ........$70.00 Senior Bridge Draftsperson .........................................................................2 $65. O0 Bridge Draftsperson .......................................................................................$55.00 Word Processing ............................................................................................$45. O0 I/chicle Mileage .......................................................................................$0. $ J/Mile Hourly charges include provision for normal office overhead costs, such as office rental. utilities, insurance, clerical services, equipment, normal supplies and materials, in-house reproduction services and local travel costs. Other expenses such as special consultants or purchased-outside services will be billed at cost phis 10 percent. EXHIBIT "B" BILLING RATES FOR ROBERT KAHN, JOHN KAIN & ASSOCIATES, INC. (~omoensation for Services The Consultants Billing rates for services are as follows: Positiq.n Hourly. Rate Principal $110.00 Senior Associate $ 85.00 Associate $ 80.00 Senior Engineer/Planner Engineer/Planner Assistant Engineer/Planner Engineering Technician IV Engineering Technician Iil Engineering Technician I! Engineering Technician I Administrative Assistant Administrative Aide Clerical Aide 70.00 60.00 50.00 45.00 35.00 30.00 25.00 35.00 30.00 25.00 General (1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance telephone calls, travel and traffic counts will be billed at cost plus ten (101 percent. (2) Hourly rates apply to work time, travel time and time spent at public hearings and meetings. For overtime work and public meetings, the above rates may be increased 50 percent. (31 Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted monthly. Statements are payable within thirty (30l days of the receipt by client of statement. Any statement unpaid after thirty (30) days shall be subject to interest at the maximum permitted by law. January 1, 1992 EXHIBIT "B" HOURLY RATE SCHEDULE as of May 22, 1995 JOB CLASSIFICATION HOURLY RATE Director/Principal Engineer Senior Engineer Associate Engineer Assistant Engineer Principal Planner Senior Planner Associate Planner Assistant Planner Graphic Artist Assistant Graphic Artist Senior Designer Associate (CADD) Designer Assistant Designer Senior Delineator Associate Delineator Assistant Delineator Executive Assistant Secretary Messenger Principal Surveyor Survey / Two-Man Crew Survey / Three-Man Crew Senior Surveyor Associate Surveyor Assistant Surveyor Chief-of-Party Instrument Man Chainman Survey Technician Associate Computer Engineer $125.00 90.00 80.00 70.00 100.00 85.00 75.00 60.00 55.00 42.00 70.00 65.00 55.00 55.00 50.00 45.00 45.00 35.00 25.00 100.00 135.00 175.00 90.00 75.00 70.00 80.00 70.00 65.00 60.00 65.00 OTHER SERVICES/h EXPENSES Copies Telephone Fax Postage Blueprints Mileage Outside Services/Special Consultants Expert Witness (4 hour minimum): Court and Deposition Preparation . I O/each Cost + 15% Cost + 15% Cost + 15% 1.00/sheet .35/mile Cost + 15% 200.00 150.00 NOTE: Payments are due 30 days from date of invoice. A late payment finance charge of 1.5% per month will be applied to an).' balances which are unpaid after 30 days. 45 5 Un".vtrslty Avenue Sui:e 370 $aczamento, Cal:.fom/a 95825 916.563-7800 Fax- 563' 7510 Environmental Principal Senior :~sociace Senior Project M.-na§e.r " Environmental Engineer St. Envkonmental Specialist Project Manager Se~or Biologist H Senior Biologist I Environmental Specialist Environmental A..~ lyst Project Biologirt rll Project Biologist II Project Biologist ! Environmental Teelmi¢ian Biological Tecl:mician KE-A En,rironmental EXHIBIT 'B' SCFI~.DULE OF FEES Hourly $130 105 8O 60 ¢0 3O Hourly Admink~trat/ve 555 Tee3nicaI Editor 55 Word Proeesdng 50 ~raphic Art~ 55 Clerical 40 1420 Kctme. r Bouic','ard Suite 620 San Diego, C, ailfom/a 9210 ! 619- 233 · i 454 Fay 233'0952 Hourly $110 75 60 55 60 5O 4O ~0 35 30 Mileage h billed at $0.3I per mite. Use of four-wheel drive VeNdes/s billed at $J5 per day. All other direct costs such as travel, per diem, computer charges, project accounting costs, reproduction, telephone, supplies, and subeonsu/tan~ are biIIed at cost plus 10%. Invoices will be submitted monthly tbr work in progress unless otherarise agreed. Invoices axe due and payable within 30 days after invoice date. EXHIBIT "B" AGRA Earth & Environmental, Inc. FEI~ SCHEDL:I,I~ - GEOT£¢H.¥I~AL & EN%'~RQN.~fEN'TAL $ER¥ICE$ P~,SONNEL Staff EnginearlStsff Ge~lo~isffStaff £nviromnents{ Special{st .................................... Pro{act Bngineer/P~ject Engineering Geologist/Project Euviromnc..~.~l Specialist ....................... Senior Irngineer/Sanior Engineering Geologist/F.~viromentsl Project Mgr/~¢,l'.-h & Safety Officer ............. Supervising Engln~er/Supervising Engineering G¢ologiat/Enviromentsl Mgr./Certifizd Industrial I-Iygientist ....... Principal £ngineedPrincip&l Bngineering Geologist/Principal .................................... Field Technician I ............................................................... Field Technician II/F..nvlronmcntel Technician ............................................. Senior Field Technician I .......................................................... Senior Field Technician llYScuior F..-~vironmem~l Technician .................................... Field Servicez Manager ........................................................... I~boratory Technician ! ........................................................... T ~boratory Technician IT .......................................................... Senior laboratory Technician ....................................................... laboratory Manager/~qvironmenul laboratory Supervisor ..................................... Oeotechnicall£nvlronmcntsi Draftsperson I ............................................... Gcotechnical/l"nvironmentel Drafl.$person TI .............................................. SerBor G¢otechnical/Bnvironmemal Drsttsperson ........................................... Geotechnical/Envirunmetsl Cleri;-Typist ................................................. Word ]mrocesaor .............................................................. Senior Word Processor ........................................................... Depositions and Court Testimony (minimum charge of ~.o hour$) ................................ Overtime Premium }$ 30~ of P!i~OlqlV~I. CHARGE ~'~PENSES %'chicle Use for Field $erv~cea (added to appropriate 'P£RSON~EL CHARGE') ....................... Per Diem for LR'ing £x~¢mga ....................................................... Ouuide Services (Conmlt, nu, Surveys, C~¢mical Lab Tests, eta,) ................................ Reimbursables (Travel ~cpenses,Mipa, Photos, Perm~u, Expendable Supplies, etc.) ..................... Personnel Protective Equipment (daily charge) ............................................. EQUI'PMEN'r CHARGES BAT Permearngtcr .............................................................. Concrete Core Drill ..... - ............................................. $12.001¢ore plus Exploratory Equipment Rentsl (Drill Rig, Backhoe, etc.) ...................................... Groundwater Transgu¢¢r and Da,,loggers ................................................ HNU (Photolonization Meter) ....................................................... Monitoring F.,quipn.~nt Rental (Air, Water, Hazardous Materials, etc.) .............................. OVA (Organic Vapor Analyzer) ...................................................... Penetrometsr - Dynamic ........................................................... Penetrometer- Pneurrmic .......................................................... Single-C"hann¢! Seismic or Resistivity Equipment ........................................... Slope Indicator (m. nclinomgter) ....................................................... 'Reduced rates will apply to extended usage $ 71.00/hour $1.00/hour 98.00/hour i 16.00/hour 155.00/hour $ ,~.00/hour $8.00/hour 68.00/hour 74.00/hour 80.00/hour S ¢6.00/hour 58.00/hour 70.00/hour 80.00/hour 40.00/hour 50.00/hour 60.00/hour $ 39.00/hour 44.00/hour 51.00/hour $ 250.00/hour 7.00/hour 99.00/pets Cost + 15% Cost + 15~ 512~.00/per~ $130,001day 20.00/hour 21.00/hour Cost + 15 % · 32.00/hour 100.00 /day Cost + 155~ 125.00 /day 26.00/hour 37.00/hour 20.00/hour ~6.00/hour i~SURANCE AGRA Ear~ & Environmental, Inc. carries workera compensation, comprehensive general liability, automobile and professionai liability {nsurame, with policy limits which normally are acceptable ~o most clients. The cost for this insursnce is covcrad by the fees Ilstad in this schedule. Cost of any special insurance required by the Client, including incraases inpolky limits, adding additional insured parties end waivers of subrosation, are char~ed at cost plum 1 $ %. UrBess otherwi~ stated, such charges are in addition to the estimated or maximum charges in an accompanying proposal. Schedule E7 (Geol~hrBcal) Schedule F..8 (F_.nvlmnm,:ntsl) (Continued on Reverse) AGRA t~2 ...... * ....'= '~' Earth & Environmental EXHIBIT "B" AGRA Earth & Enviroxunental, Inc. FEE .c~HEDULi~. G£QT£CH~'iCAL & £.N'¥1RQN,%tENT.AI~ SERXqCES PER~OTS. FEES ,AND BONDS T'n¢ costa of all permits and f&es required by govermem agencies and l~rformance or other bonds are to be paid by ~he Client, unless atal¢d othcrwi~ in an accompanying proposal. PROPOSAL PERIOD Unless otherwise s~,,t.d, a proposal accompanying ~his schedule is eff~tivc for sixty (60) days. Ifauihorlzatlon to proceed ia not received ~a'ithln this period, AGRA .F. arth & Environmental, J. nc. rasarvcs 1~¢ ~ght to renegot]atc th& re&. LABORATORY 'f'Es~iNO California Bearing Ratio (excluding moisture-density curve) .................................... CMoz~de Content ............................................................... Consolidation Te.~ (slavic point) ...................................................... Consolidation Ten (wigout nta dab) .................................................. Consolidation Test Rata Data (per load increment) .......................................... Dirr~t Shear Test (at natural moleare - consent strain ram) .................................... Direct Shear Test (saturated - cora'~nt main rata) ................................... ; ....... Dire~t Shear Test (saturated, recycled - constant strain rate) .................................... Dire~t Shear Test (ASTI~{ 3080 - consolidated drained, 3 points/test) ............................... D~rect Shear Test (AS'T~{ 3080 - consolidated drained, r~sldual, 3 points/test) ......................... Durability Index - Coara~ and l~ne .................................................... Expansion Index Test ............................................................ Oraln-Siz-- Analysis - Sand-Clay, in:{udlng Hydromac. or ....................................... Orain-Siz~ Analysis - Gravd-Ciay, including Hydrometer; ..................................... Liquid Limit or Plastic Limit ........................................................ L~s Angelca Abrasion Test (500 revolutions) .............................................. Los Angeles Abrasion Test (1000 revolutions) ............................................. )~{~han~ea{ Analysis - ASTM D1140 (~'ash 200 sievc) ........................................ Mechan~al Analysis - Sand or Gravel (dry sieve) ........................................... ]~{e:.han~cal Analyale - Sand or Gravel (wash sieve) .......................................... ~.{cchanleal Analysis - Sand end Gravel (wash s{eve) ......................................... Moisture Content ............................................................... Moisture-l~nsity Curve (Calif. 216) ................................................... Moismrt-D-nsity Curve for Compacted Fills (4-in:h ]~{oid) ..................................... Molgure-Dcnslty Curve for Compacted Fills (6-{n=h Mold) ..................................... Moi~ra-Dunsity Single Point ....................................................... Permeability (falling head) ......................................................... Permeability (con.ant head) ........................................................ Perre&ability (trYaxial: £PA Method 9100) ................................................ Real.nee Value ............................................................... Resistance Value (lima or ccmem-treatcd) ................................................ Rcsistivity Test (Calif. 532 or 643) .................................................... Sand Equivalent ................................................. ~ .............. Specific Gravity and Absorption - Gravel ................................................. Specific Gravity - Fine-Grained Soils ................................................... Sulphate Con,,'nt ............................................................... Triaxial Compression Test (U-U) ..................................................... Triaxlal Compz~.~sion Tests (CD and CU with pore prisaurn) .................................... Un¢onfintd Compression Test (undi~u~ed sample) ......................................... Unit Dry Welght and Molsmr~ Content (undiarurbed rampie) .................................... $105.00/point $0.00/tast 72..00/t~st 92.00/test 46.00/each 43.00/point $3.00/point 100.00/point 349.00/tast 5 91. 00ttast 146.00hast 91.001test 124.00/test 168.00/tast $2.00/tast 116.00/re. st 138.00/test 43.00/test 64 $2.00/test 122.00/t~st i 0.00/test 123,00/tast 130.00/ten 1!3.0(~st 21 1 ~ 2. 00/te st 79.00/test 59 66 43.00/test 101.00/test Hourly Rates 56.00/test 20.00/test Special Sample Preparation end Laboratory Testing not listed above charged at applicable hourly rates for peraonn¢l Paymere is due upon pr~s~n'-.tion ofinvoiee and is past due '.hl.y 00) deya from invoi:e date. Past due accounts are subject to a finance charge of one and one-ha{f percent (1-1,r2%) per month, or Ihe maximum role allowed by law. Schcdule E7 (Ocotechni:al) Schedule E8 (F. nvironm~nta{) Effective 03-01-97 EXHIBIT "B" PREVAILING HOURLY BILLING KATES January 1, 1997 Landscape Architecture Principal $95 Project Manager $80 Project Designer $60 Senior Draftsperson,, $50 Draftsperson $45 Achuinistrative Services Achuinistrative Assistant Word Processing Operator $45 $40 Miscellaneous Services and Expenses Mileage Subsistence Outside Services Materials & Other Expenses 0.35/mile Cost Cost plus 10% Cost plus 20% Alhambra Group holds the following insurance and mounts: Liability Insurance $1,000,000.00 Professional Liability (Errors & Omissions) $ 500,000.00 EXHIBIT "B" FEE AND REIMBURSEMENT SCHEDULE McDANIEL ENGINEERING Payment Schedule UTILITY DESIGN COORDINATION - $7,200.00 HOURLY This fee will be billed monthly on an hourly basis. with our fees as referenced below. Reimbursables: The following will be billed monthly: · Commercial delivery. services, including Federal Express; UPS, Express Mail and Messenger Services- * Blueprint Services and Printing Hourly Rate Schedule Principal $88.00 Project Manager $80.00 Designer $80.00 Project Coordinator $60.00 Auto-Cad DmRer $38.00 pala Road Bridge I I Jee Te~o~ P~ Steve Drabore, PE ...~ lI~D.4~IIBLENGINEERING ITEM 30 CITY ATTORNEY FINANCE DIRECTO~~ CITY MANA~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager ~Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 Award of Construction Contract for Installation of a Traffic Signal at the Intersection of Margarita Road and Yukon Road/Honors Drive - Project No. PW97-14 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects Ali Moghadam, Associate Engineer - Capital Projects/Traffic RECOMMENDATION: That the City Council: Approve the Construction Plans and Specifications for the installation of a traffic signal at the intersection of Margarita Road and Yukon Road/Honors Drive, Project No. PW97- 14. Award a construction contract for installation of a traffic signal at this intersection to Macadee Electrical Construction in the amount of $85,169.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,516.90 which is equal to 10% of the contract amount. BACKGROUND: This project includes installation of a four-way traffic signal at the intersection of Margarita Road and Yukon Road/Honors Drive and will be interconnected with the existing traffic signal at the intersection of Rancho California Road and Margarita Road to allow for signal timing coordination. Traffic striping and signing are also part of the work required by the contractor. The engineer's estimate for this project was $100,000.00 R:~4GDRPT~7~ I028~V~7- t 4.AWO/~ Nine (9) bids were publicly opened on October 9, 1997, and the results for the bid are as follows: 1. Macadee Electrical Construction .................... $ 2. Sierra Pacific Electric ........................... 3. New West Signal ................. 4. DBX, Inc ..................................... $ 5. HMS Construction .............................. $ 6. Paul Gardner Corp .............................. 7 Computer Service Co ............................ $ 8. Lekos Electric, Inc .............................. $ 9. High Light Electric ............................ : $ 85,169.00 86,605.00 87,688.00 87,741.00 89,950.00 91,928.00 92,709.00 95,514.00 113,882.00 We have reviewed the bid proposal from Macadee Electrical Construction and found it to be acceptable as the lowest responsible bidder for this project. Macedee Electrical Construction has satisfactorily completed other projects for the City in the past, including installation of a four-way traffic signal at the intersection of Margarita Road and Avenida Barca. The specifications allow ninety (90) working days for completion of this project. Work is expected to be completed by March of 1998. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: This Capital Improvement Project is funded by Traffic Signal, Development Impact Fees (DIF) and adequate funds are available for the construction contract of $85,169.00 and the contingency of $8,516.90 for a total construction cost of $93,685.90 in Account No. 210- 165-691-5804. ATTACHMENTS: Contract R:~,~GDRPT~7~1028'~PW97-14.AWDIdjp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-14 INSTALLATION OF TRAFFIC SIGNAL MARGARITA ROAD AND YUKON ROAD/HONORS DRIVE THIS CONTRACT, made and entered into the 28th day of October, 1997, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Mecadee Electrical Construction, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: .8. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW97-14, TRAFFIC SIGNAL INSTALLATION, MARGARITA ROAD AND YUKON ROAD/HONORS DRIVE, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the ~ S~ecifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-14, TRAFFIC SIGNAL INSTALLATION, MARGARITA ROAD AND YUKON ROAD/HONORS DRIVE. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-14, TRAFFIC SIGNAL INSTALLATION, MARGARITA ROAD AND YUKON ROAD/HONORS DRIVE. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. CONTRACT CA-1 R:\CIP~O J ECTS~=~V97~7-14\CONTRACT,DOC Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW97-14 TRAFFIC SIGNAL INSTALLATION MARGARITA ROAD AND YUKON ROAD/HONORS DRIVE All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: EIGHTY-FIVE THOUSAND ONE HUNDRED SIXTY-NINE DOLLARS and NO CENTS ($85,169.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed ninety (90) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA-2 R:\ClI:~PROJ ECTS~V07~oW~ 7-14~CONTRACT.DOC Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is.demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000-$75,000 $75,000-$500,000 Over $500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 o LIQUIDATED DAMAGES - EXTENSION OF TIMe. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension' of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. CONTRACT CA-3 R:\ClImPRO J ECTS~/V~7~V97-14\C ONTRACT.D OC 10. 11. 12. 13. 14. 15. 16. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the. City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. ~.T.J~. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO CITY OF LABOR DISPUTE$~ Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. CONTRACT CA-4 R:'~CIFN~OJ ECTS~NW 7 ~:NV97-14\CONTRACT.DOC 17. 18. 19. 20. 21. 22. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. JJ~.~T~. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REOUIREMENTR. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. WRITTEN NOTICE, Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-6 R :\ClI~PfiO J ECTS~¥97'~'V97-14\C ONTRACT.D OC IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR MACADEE ELECTRICAL CONSTRUCTION 14771 Cherry Circle Chino Hills, CA 91709 (909) 597-8348 By: Print or type NAME Print or type TITLE DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Patricia H. Birdsall, Mayor Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-6 R:~CIPU=fiO J ECTS~r~V97 ~:~/97.14\CONTRACT.D OC ITEM 31 CITY OF TEMECUULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council r~ Ronald E. Bradley, City Manage October 28, 1997 T.E.A.M. (Temecula Educational Apprenticeship Model) Program Presentation RECOMMENDATION: To receive and re-file this report. BACKGROUND: In September, 1997, City Manager Ron Bradley presented this program before the ICMA (international City Managers Association) at a conference in Vancouver, BC. The following presentation will outline the program and discuss recent successes in this joint effort between the City, School District and the Chamber of Commerce. FISCAL IMPACT: None ITEM 32 CITY ATTORNEY DIRECTOR OF FINA~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Gary Thornhill, Community Development Director'~'/'2" October 28, 1997 Consideration of Future Financing Issues for the Riverside County Habitat Conservation Agency (RCHCA) Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: Review end provide direction to the Riverside County Habitat Conservation Agency (RCHCA) BACKGROUND Staff received a letter from the Riverside County Habitat Conservation Agency (RCHCA) dated July 14, 1997 regarding future financing issues for the (RCHCA). This letter contains a budget for the next three years for the RCHCA (fiscal years: 1997-98, 1998-99 and 1999- 2000). Paragraph 2 of the letter states: "...it is anticipated that total revenues over the next three years will be insufficient to satisfy its total expenditure obligation." The RCHCA requested staff bring this matter before the Council to hear their views concerning financial approaches for completion of the Stephens Kangaroo Rat Habitat Conservation Plan (HCP) and the Multiple Species Habitat Conservation Plan (MSHCP). Brian Lowe from Riverside County Habitat Conservation Agency (RCHCA) will be making a presentation to the Council on October 28, 1997. FISCAL IMPACT None. Attachments: 1. Letter from RCHCA - Page 2 ATTACHMENT NO. 1 LETTER FROM THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY {RCHCA! Each uncilmember received a ltr. cc: k Bradley Riverside County Habitat Conservation Agency City of Corona e City of Hemet e City of Lake Elsinore e City of Moreno Valley ~ City of Murrieta City of Perris e City of Riverside e C~ of Temecula e County of Riverside July 14, 1997 Ms. Patricia Birdsall Mayor City of Temecula 43200 Business Park Dri~ Temecula, CA 92590 SUBJECT: REQUEST FOR CONSIDERATION OF FUTURE FINANCING ISSUES FOR THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY Dear Mayor Birdsall: As part of its consideration of the FY 1997198 budget, the Riverside County Habitat Conservation Agency ("RCHCA") Board of Directors reviewed projections of agency finances over the next three fiscal years. This review focused on the adequacy of funding for completion of expenditure requirements for the Stephens' Kangaroo Rat Habitat Conservation Plan ("SKR HCP") and future development of a multiple species habitat conservation plan ("MSHCP"). As you will note from the attached budgets, over the next three fiscal years the RCHCA anticipates significant difficulty in completing its legal requirement to expend $11.7 million for completion of the SKR HCP. While the RCHCA will have completed all of its substantive requirements (e.g., land purchases and funding of habitat management endowments), it is anticipated that total revenues over the next three years will be insufficient to satisfy its total expenditure obligation. This situation is primarily attributable to two factors: 1 ) a significant increase in expenses for defense of lawsuits filed against the RCHCA and its member agencies, and; 2) a simultaneous decline in revenues resulting in the reduction of the SKR mitigation fee from $1,950 to $500 per acre. While the reduction in SKR mitigation fees was deemed necessary to ease burdens on local property owners, its timing has been problematical due to expenses incurred by the agency for litigation aimed at the Endangered Species Act and the U.S. Fish and Wildlife Service. Projections for the financing of MSHCP development show that the majority of costs for plan preparation can be paid by federal funds appropriated by Congress. However, it is apparent that local funding will be needed by FY 2000 in order to complete the plan. At present, local funds potentially available fl;)r this purpose are of necessity directed to completion of the SKR HCP. 4080 Lemon Street, 12th Floor Riverside, CA 92501 Telephone: (909) 275-1100 Fax: (909) 275-1105 The RCHCA Board of Directors is seeking to work with member agency governing bodies to develop approaches which will facilitate completion of the SKR HCP expenditure requirement and a MSHCP intended to finally resolve endangered species problems which impede development in western Riverside County. We are requesting that you schedule this matter for discussion by your City Council in order to hear your views concerning financial approaches for completion of the SKR HCP and MSHCP. Representatives .of the agency will be pleased to attend these meetings to provide briefings and respond to questions. The RCHCA Board of Directors respectfully requests that you inform our staff of the date on which this matter will be considered by your City Council. We sincerely appreciate your review of this matter and look forward to working with you in the successful completion of the SKR HCP and the MSHCP. Thank you very much for your cooperation. Sincerely, Laura Pearson Chairperson, RCHCA Board of Directors RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY FY 19~ - FY 2000 $KR HCP BUDGET PROJECTION BASED UPON FY 9~ SKR HCP BUDGET ADOPTED BY RCHCA BOARD OF DIRECTORS FY 1007/00 FY 1001/00 FY 1001/2000 EXPENDITURES LAND ACQUISITION Core Re~4nm Acquitlion ~ BLM Land Exchange AgreefTm~ Implementation LEGAL SERVICES General Legal Sewices $t35,000 $142,500 $1S0.000 $515,000 $300,(XX) $200,000 CONTRACT EXPENSES Roger Honberger A~eoclatel ADMINISTRATION Management Services Agreement Audit Employee ~ Reimbursements County Info Sew{ce~ ~d Othe~ Charge~ GIS Services Travel and Training Comp~ Equipment .nd Office Supp~ KABIAN PARK MANAGEMENT AGREEMENT SKR HCP AMENDMENT TOTAL EXPENDITURES $1,31t,004 $100,300 $724,712 SKR Mitigation Fee~ Intoreit Income MVVD Inland Feede~ M#1gMion Payment JL Propre'ties Mitigation Payment Othm' Revenue $250,000 $275,000 $302,500 $75,000 $35,(XX) $t5,000 $19~,600 $0 $0 $100,100 $0 $0 $1,6(X) $1,500 $1,500 TOTAL REVENUES $523,100 $311,~0Q $3tl,000 EXCESS OF EXPENDITURES OVER REVENUES ($5U,~)0) (t48~00) (t401,712) ........ ' ............. ....... PROJECTED CASH BALANCE AT BEGINNING OF YEAR $1,112,002 $54~,e27 t4~2,127 REIMBURSEMENT FOR FY $7 MSHCP EXPENJXTURES $132,121 14 $5 PROJECTED CASH BALANCE AT END OF YEAR Mi48,027 $442,127 PROJECTED END OF YEAR BALANCE ON $1t.? MILLION SKR HCP DEBT $2,21t,300 $1,~71,~0e $1A~4AO4 PROJECTED UNFUNDED DEBT TO 111.1 MILLION SKR HCP OBLIGATION ($1,312,313) ($1,624,173) ($1,131,366) RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY FY 1~9~ - FY 2000 MULTIPLE SPECIES HCP BUDGET PROJECTION BASED uPON FY 1~8 BUDGET APPROVED BY RCHCA BOARD OF DIRECTORS FY 1 ~7/98 FY 1#8/99 FY 1 EXPENDITURES Mumpie Species I-bbt'nt Cofiservstion I:qmn $100,000 $400,000 GefierM I. egM Services S45,000 $4705(X) $50,000 Roger Henberger A_-_ _-,~clm Sl 1,250 $11,250 $11,250 Marmgemefit Sewices Agreemerit $75,775 $77,500 $80,000 GIS Servic~ S30,000 S46,000 $46,000 OUm' Expens~ $250 S250 $250 TOTAL EXPENDITURES S262,276 REVENUES Federal NCCP Plmrming AppmpdMions TOTAL REVENUES $300.000 S360.000 $300,000 EXCESS OF EXPENDITURES OVeR REVENUES EXCESS OF REVENUES OVER EXPENDITURES $37,726 ($22.4,soo) PROJECTED CASH BALANCE AT BEGINNING OF FISCAL YEAR FY 07 FEDERAL NCCP PLANNING APPROJ~RIATION FY 97 MSHCP EXPENSES REIMBURSED TO SKR HCP BUDGET $0 $2M,000 $20,400 $3~0,000 $0 $0 ($~32,828) $0 $0 PROJECTED CA~H BALANCE AT END OF FISCAL YEAR S2MAO0 $20,400 ITEM 33 CITY ATTORNEY ....... FINANCE DIRECTOR CITY MANAGER -- CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager ~Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 Mowing of Murrieta Creek Update PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects Grant Yates, Assistant to the City Manager RECOMMENDATION: That the City Council receive and file. BACKGROUND: The Riverside County Flood Control District's maintenance crews have been working in Murrieta Creek during the past week clearing the creek bottom downstream of Winchester Road using self propelled mower units to cut down vegetation to remove the obstructions that may prohibit the flow of storm water this winter. They are scheduled to complete the mowing operation over the entire creek area in the next several weeks Attached is also a copy of the "Eyes on El Nino" newsletter prepared by the City to provide the general public with information related to the potential effects of the El Nino condition that may develop during the coming winter months. FISCAL IMPACT: None R:~AGDRFI~97~1028~,CREEKMOW.UPO/ajp During public safety emergencies, informa- tion on weather condi- tions, road and'school closures, shelters and the like can be heard on the following radio and KRTM radio 88.9 FM KHI radio 105.7 FM KHSJradio~ 1320AM :: TCl C~,bl® Chann®l 28 Preparation is the Key Expen, s are saying this year s El Nino could be the worst in recent mem- ory. Satellite pictures and weather models show that the globally disruptive weather phe- nomenon could well live up to its stormy billing. In preparation for the potential of heavy rainfall, the City has begun cleaning channels, storm drains and the like. In ad- dition, the City has been working with State and Federal agencies to clean up Murrieta Creek. Finally, City staff, Police, and Fire are making preparations to ensure lo- cal resources are ready to assist with any potential problems. While these preparations are unarguably necessary to the City, the safety of you and your family are of our utmost concern. Listed below are some do's and don'ts to help get ready for rain now--in order to keep high and dry later. Some do's If you are in an area prone to flooding, keep these things in mind... DO... keep informed about weather conditions and predic- tions through your local radio and television stations. DO...stock up on emergency supplies (food, water, medicine, batteries) to last for all family members and pets for three days. DO...stay at home during peak flooding conditions. Travel only if necessary. DO...have an alternate route in case the one you normally take is closed due to flooding. DO...stay where you are if your vehicle gets stuck in rising water. Try to attract help, and don't "swim for it". DO...drive safely and cautiously. DO...sandbag ahead of time, if possible. Some don'ts DON'T...drive through or around "road closed" signs. There is a reason for the road being closed. DON'T... drive into or around flooded areas just to look. DON'T...allow children to play around creeks or flood control channels when water is flowing. (Call Police if you see this.) DON'T...believe a four-wheel drive ve- hicle is immune from flood dangers. It's not! DON'T...take any unnecessary chances. EYES ON EL NINO City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 BULK RATE [ U.S. POSTAGE [ PAID [ FEMECULA, CA[ PERMIT NO. 5 [ POSTAL CUSTOMER Please contact City Hall at 694-6444 for additional questions. Recommendations · Purchase National Flood In- surance, offered by the Fed- eral Emergency Management Agency or private insurance companies (Policy takes 30 days to activate) For more information contact toll-free the National Flood Insur- ance Program 1-800-42 7- 9662. · Have a set contact person for family members to reach. · Make sure you have a suffi- cient water supply. (1-2 gal- lons per day, per person). · Have a box with important papers in case of evacuations. · Take care of grading or drainage needs on your property NOW. · Clean gutters and cut down weakened trees that could dam- age your home. · Sandbag NOW to protect home on flood-prone areas. · Be prepared to evacuate--don't try to tough it out. Sandbags Available The City of Temecula has a limited supply of free sandbags available for City residents only, (ID required). Up to 25 bags per household can be picked up at any of the Temecula Fire Sta- tions, at Temecula Police Sta- tions located at: the red Ca- boose on Pujol Street, and the Storefront office in the Target Shopping Center. Although the sandbags will be untilled, sand is available at City Hall in the Maintenance Yard, so please plan accordingly. ITEM 34 DEPARTMENTAL REPORTS A ROVAL CITY ATTORNEY~"~ FINANCE DIRECTI3/R~__..~_ CITY MANAGER~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Official PREPARED BY: October 21, 1997 Departmental Report September 1997 Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED .................................. 128 NSFR ..................................................... 10 NCOM ..................................................... 2 TOTAL VALUATION ......................................... $7,579,174 TOTAL NUMBER OF INSPECTIONS PERFORMED ......................... 2,469 CODE ACTIONS .................................................. 992 CITY ATTORNEY FINANCE DIRECTOI~,=~ CITY MANAGER Y~" TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~,Joseph Kicak, Director of Public Works/City Engineer October 28, 1997 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for September, 1997. r :~gdrpt~mo~ctrpt]a]p CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report SEPTEMBER 1997 Submitted by: Ioseph Kicak Prepared by: Don Spagnolo Date: October 28, 1997 I. WORK UNDER CONSTRUCTION: 1. I-B/Winchester ltoad Interchange Modifications: The project is complete and maintenance of the improved areas including the widened section of the W'mcJaester Road (79N) bridge, northbound exit ramp and auxiliary lane, and the northbound loop entrance ramp has been transferred to Caltrans. 2. Traffic Si_mml at SR-79S and Bedford Court; The contractor has complel~ the installation of all underground equipment, signal poles and ma_~arms. The signal "turn-on" is scheduled for October 16, following minor striping and loop detector work. 3. City Wide Intelli~t. ent Traffic Manet System The contractor has compleu~d the installation all conduits along Margarita Road, Rancho California Road, and From Street. The contractor has also been constructing controller cabinet foundations and is c~u'renfiy installing imerconnect cable in the conduits. Signal controllers and cabinets are scheduled for delivery within lhe next two weeks. Upon completion of this project and design and installation of communication software and hardware, all traffic signals within ~ City will be interconnected and monitored from City Hall. 4. ADA Imm-ovement Proiect: City Council awarded a contract to Mod Craft, Inc. at the October 7 meeting ~o construct sidewalk access ramps., iraroll new playground equipmere, and to provide a rubberized surface around existing play equipment for access by wheel chairs at Veterans Park, Iohn Magee Park, and Calle Aragon Park well as ADA improvements to Rancho Vista fields at the Rancho California Sports Park. Construction is anficipa~xl to begin in early November. H. BID 1. I-IS/Rancho California Road Interchange Mmiifieafions: Four corotruction bids were opened on September 25 with Riverside Construction Company being identified as lhe lowest ~ble bidder. Riveaside Construction Company was also the company that constructed the improvements at ~he interchange of W'~/I15. A recommendation to award a construction contract will be scheduled for the Ocqober 28, Council meeting. Also, GTE's phone !in~_~ relocafion work is currently under construction and the work will be completed in mid-November. This project includes widening the Rancho California Road Bridge and provides a new northbound loop entrance ramp. ~M OAc'rI~T~CIP~7~OCT.MAR ~h Monthly Activity Report October 28, 1997 Page2 m. WORK IN DESIGN: 1. 1-15/Overland Drive Over Cra~in~ Imnrovements: The consultant resubmiUed roadway plans to Caltrans (District 8) for final approval of the roadway and electrical portions of the project during the week of October 13. The structural plans have already been approved and signed by C. altram, Division of Structures. SCE is also workin~ on the design for the relocation of the existing 115, 33, & 12 KVA overhead power lines. These lines are scheduled to be reloca~l concurrently with the construction of the proposed Overland Drive Over Crossing Improvements. The transmission and distribution sections of SCE have finalized their alignment and the City's consultant is preparing legal descriptions and plats for the SCE easements and temporary construction easements. 2. Mar_tmrita Community_ Park: The plans are presently under final review by the School District. The project improvements will include picnic areas, a tot lot area, reslrooms, and open turf areas as well as widening Margarita Road adjacent to the park to its ultimate width. Development of the two ball fields a_nd the installation of two lighted tennis cottrts and one lighted roller hoe~y facility will be bid as alternate items. The project will be bid once the review of the ballfield lighting by the School District is complete. 3. FY96-97 Pav~t M _ana_~n~nt System: The consultant is in the process of evaluating the existing elevations of all damaged driveways and curb & gut~rs. Also, the consultant ha~ submitled a report with specific design parameters which incIudes methods of road repair and ~ changes in the general cross slope of road. The consultant anticipates completin~ the design four weeks afar these issues have been resolved. This project will provide street rehab'dilation of Jefferson Avenue from ~e northerly City limits ~o Rancho California Road. This project will also include the installation of street lightln~ along the entire length of the project. 4. Pavement Man~_maent Sy~m U_n=Dnte: The consultant has submittal a report for the City's second review, which includes pavement conditions, recommended mai~ and repair strategies, and a projected budget for the street maintenance program. The consultant is in the process of fmalizing that portion of the report which was added recently to include 12 City owned parking lots. This project will review and update the existing Pavement Management System computer program which will include new streets which were added to the City's mainlained system, preparing a new 5-year street maintenance program, and updating the computer generated City map. 5. Wincharm' Rnad & Ynez Rnad Street Widening: The consultant will be submitting the 90% design of the proposed improvements for review by the City and Caimans during ~he week of October 27. Utility Companies are also reviewing the plato to identify potential conflicts with lbe proposed improvements. The scope of work includes the street widenln~ improvements on the south side of v~rur, he~ Road betw~n Ynez Road and Margarita Road, and the improvements on the east side of Ynez Road between W'mcbes~r Road and Overland Drive. R:~M OACTRPT~CIP~7~OCT.MAR eeh Monthly Activity Report October 28, 1997 Page 3 6. Overland Drive Strut lmm'ov~m~tq & Margarita Road Street Widenira,: The comultant is in the process of submitting the construction plans of the proposed improvements on Overland Drive between Ynez R0oA and Margarita Road and Margarita Road from Overland Drive to Winchester Road for City review the week of October 27. Also the utility companies have been notified to address potential conflictS or new facilities which may be proposed. 7. Winchester Creek Park: Design for the park project is substantially complete. The developer east of the park will be installing fill slopes along the easterly park boundary to meet proposed park elevations. The developer will also install a 36" diameler s~rm drain pipe along the southerly park bouru~_ ry to drain the proposed subdivision as well as 1he park. Pre 'hmimry drawings for ~e slopes and ~ drain improvements were submitted by the developer on October 7 for staff's review. The project consists of a 4.5 acre neighborhood park with various i~emems including restrooms, basketball courts, volleyball courts, play equipment, polygon shelters with picnic tables, concrete walkways, and a parking lot. 8. F!~hin~ Beseem st V~rious Locations: The consultant has compleled all the necessary field work, and is 90% complete with the design. The consultant is expected to submit the first plan check on the week of October 13. This project consisis of ~ flashing beacons that warn of children in the immediate area at 10 different school sites throughout · e city. 9. ~ Drive and A_omm S~ - gtr~t Sidewalk Project ~6: The project consists of the installation of sidewalks on the west side of Cosmic Drive between Rancho California Road and Agem Street and south side of Agena Street between Santa Cecilia Drive and Cosmic Drive. The design consultant submitted drawings for first plan check on October 8 which will be reviewed and revised prior to bidding lhe project. 10. ~ta Road Sidewalk tRaneho V'mta to Pauba]: The ~ will include the installation of concrete curbs, gutter, and sidewalk along the west side of Margarita Road between Rancho Vista Road and Pauba Road. The sidewalk will be 1ocaled across from the high school and also improve access to the Rancho California Sports Park. Also, as part of the design, additive al~tnate i?rovemems will include ADA ramp access from Margarita Road to ~he adjacent ballfields along with an expanded parking area. The design consultant submitted drawings for first plan check on October 7 and staff review is currently underway. 11. 1-15/Winchc~r Sauthhound Off-ramp Widening: Request for proposals were Prel~ed and four responses were received on July 30. The proposals have been evaluated and a contract is scheduled to be awarded at the September 23, City Council meeting. A contract was awarded to a consultant for the preparation of plans and specifications for widening the southbound off- ramp to provide additional turning lanes onto Winchesler Road. The consultant will be working with Caltrans and the City on the pre 'hminary portion of the design. R:~MOACTRFT~CIP~ 7 ~,OCT.M AR .eh Monthly Activity Report October 28. 1997 Page 4 12. Wincheerer Rnnd M~dia~ l~dnnds; City Council awarded the design contract on October 7 to Robert Bein, W'filiam Frost & Associates. This project includes inslallalion of median islands with landscaping and irrigation along Winchester Road between F_Jaerpidse Circle West and le~ Avenae along with the inslallalion of a traffic signal at Enterprise Circle West. Also, lhe existing median island at Jefferson Avenue will be modified to provide for a longer left turn poc~t for east bound traffic. 13. Pntu R(md Bridne: A Consultant was selected to perform the work necessary to construct a new bridge on Pala Road over Temecula Creek and a contract is scheduled to be awarded at the City Council meeting on October 28. This project will include the realignment of Pala Road from Highway 79 South to Rainbow Canyon Road, which will require lhat a new biidge be ~, two new traffic signals to be inslalled, the removal of one traffic signal, ~ae installation of sound walls, sidewalks_, landscaping, irrigation, street lighting, bike lanes, si~ing, striping, channel improvements, and provisions for Wetland Mitigation. R:~I OACTP, P~CIP~ 7 ~OCT.M AR e~h LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS SEPTEMBER 1997 Submitted by: Joseph Kicak Prepared by: Ronald J. Parks Date: October 16, 1997 PW95-07 - ~ I Western Bvnass Corridor: The design of Interstate 15/Stete Route 79 South (I-15/SR79S) interchange improvements including the design of Front Street realignment and its intersection with Western Bypass Corridor and acquisition of necessary properties have been completed. Upon approval of the required easement dedications and acceptance by the City Council and removal of the billboard, the project is scheduled to be advertized for bidding by mid-November. 2. PW95-08 - First Street Extension: The City Attorney's Off'~ce is in the process of negotiating with the affected property owners for acquisitions. 3. PW95-26 - 6th Street Perldna Prole~t: The project will be finalized upon completion of one item (placing and painting a cage to protect the restroom's backflow preventor). UPOn receipt of the necessary documentation and securities, the project will be scheduled for completion noticing. w Pwg6-oB - Pro_iect Study ReDoft IPSR! And Pro_iect Report (PR) For Ultimate interchan~e Inmrovernents at Int,~rmtete 16/Stete R~ute 79 S~uth iI-15/SR79S]: Awaiting for a written response from Caltrans on our updated reports and analyses. Preliminary indications are that the design is unacceptable. The developer has submitted a Tentative Map to do a commercial subdivision in that area which is currently being reviewed by staff. 5. The Reaional MaU Prolect: The mass grading of t~ ~ite is in process and should be comiCted by mid November. The design of the infrastructure street tmpro~ts are in progress and right-of-way acquisition is being initiated. The project appears to be proceeding according to schedule. MEMORANDUM TO: FROM: DATE: SUBJECT: Joseph Kicak, Director of Public Works/City Engineer (~ Brad Buron, Maintenance Superintendent October 1, 1997 Monthly Activity Report - September, 1997 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of September, 1997: III. IV. V!. SIGNS A. B. C. TREES A. VII. Total signs replaced Total signs installed Total signs repaired Total trees trimmed for sight distance and street sweeping concerns POTHOLES A. Total square feet of potholes repaired CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 401 New and repainted legends B. 390 L.F. of new and repainted red curb and striping 25 7 0 29 237 188 201,355 13 3,172 R:~M.NNTAIN~MOACTRPT~ 7~EPTEM BE.WI~ Also, City Maintenance staff responded to z~. service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to ~ service order requests for the month of September. 1996. The Maintenance Crew has also put in 1R hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of ~ 1997 was $~ compared to ~ for the month of ~Ug]j~_1997. Account No. 5402 Account No. 5401 Account No. 999-5402 CC: Don Spegnolo, Principal Engineer - Capital Projects Ron Parks, Principal Engineer - Land Development All Moghadam, Associate Engineer - (CIP/Traffic) STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of September, 1997 ACCOUNT STREET/CHANNEL/BRIDGE OF WORK COST #5402 ~ ORANGE COUNTY STRIPING Date: 9/3/97 Ynez n/o Equity Drive Replaced 85 L.F. of damaged guard rail # 5402 TOTAL COST $3,185.00 Date: 9/5/97 Del Rio Enterprise Remove and replace 481 S.F. of curb & * * * * * * gutter, x gutter plus spandrels # 5402 New Town Drive and Everest Road Total P.C.C. 8 yards TOTAL COST $3,997.05 Date: 9/8/97 Pacific Striping Inc. Sandblast 3,323 L.F. of striping # 5402 Margarita Road, Santiago and Meadows Parkway TOTAL COST $1,661.50 Data: 9/22/97 L. Williams Landscape Trimmed 231 R.O.W. trees # 5402 City wide R.O.W. tree trimming TOTAL COST $9,550.00 Date: TOTAL COST TOTAL AMOUNT ACCT #5402 TOTAL AMOUNT ACCT #5401 TOTAL AMOUNT ACCOUNT #999-5402 $1.520.00 R:~M A~NTAIN ~MOACTRPT~7~Ei~TEM~E.W~D STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of September, 1997 ACCOUNT STREET/CHANNEL/BRIDGE OF WORK COST #5401 SIZE ~ ORANGE COUNTY STRIPING Date: 9/29/97 Becker Engineering Construct 120'x8' P.C.C. V ditch # 5401 La Serena Road Total P.C.C. 14 yards TOTAL COST $4,950.00 Date: 9/23/97 Becker Engineering Slurry grout RIP-RAP and footings using * * * * * * 5 sack slurry mix # 5401 Walcott @ Klarer Walcott @ Saragose Total P.C.C. 18 yards TOTAL COST $4,990.00 Date: 9/19/97 Monteleone Excavating Excavate soil on both sides and under * * * * * * cement drainage ditch and replace soil # 5401 La Prima Vera w/slurry cement drainage channel ....... Total P.C.C. 8 yards TOTAL COST $4,500.00 Date: 9/29/97 Monteleone Excavating Blade all dirt roads due to rain # 999-5402 1) Santiago-John Warner area ' ' 2) Lielet Road area TOTAL COST $1,520.00 Date: TOTAL COST TOTAL AMOUNT ACCT $ #540! 4 R:'ddAINT,NN~MOACTfiPT~7~EPTEMBLVV¥O CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF SEPTEMBER, 1997 DATE LOCATION REQUEST DATE WORK RECEIVED COMI~LETED 9/02/97 45521 Classic Way Root pru~ 9/2/97 9/2/97 Rainbow Canyon Road Repav¢ 9/2/97 9/2/97 45042 Corte Bella Donna Sweeper concern 9/2/97 9/3/97 Pechanga Creek Cleaning of creek 9/3/97 9/3/97 41476 Big Sage Court Broken sewer line 9/3/97 9/4/97 30420 Milano Rd. Tree trimming 9/4/97 9/4/97 Ave. De La Reina ~ Bahia Vista Catch basin cleaning 9/5/97 9/4/97 40483 Brixton Cove Debris pick-up 9/5/97 9/5/97 Camino Verde @ Camino Del Este S.N.S. down 9/5/97 9/5/97 27518 Senna Court Water in backyard 9/5/97 9/8/97 27510 Bolandra Court S.N.S. down 9/8/97 9/9/97 40312 Windsor Crnck in pavement 9/9/97 9/9/97 29820 Ave. Cimn Del Sol Sidewalk ramp 9/9/97 9/9/97 27635 Jefferson Debris pick-up 99/97 9/9/97 29210 Stonewood Drain cleaning 9/9/97 9/9/97 30368 Via Canada Storm drain repairs 9/18/97 9/10/97 Temecula Creek Cleaning of o'eek 9/10/97 9/11/97 45042 Corte Bella Donna Trash pick up concern 9/11/97 9/11/97 32215 Camino Morea Curb and guttee repairs 9/11/97 9/12/97 41829 Skywood Dr. A.C. repairs 9/12/97 9/12/97 31470 Pasco Goleta Tree trimming 9/12/97 9/12/97 Creekside ~ Doral Debris in stro~-t 9/12/97 9/15/97 28955 Pujol Murrieta o-eek clean-up 9/15/97 9/16/97 29489 Via Las Colinas Pot holes 9/16/97 9/16/97 Yukon ~ Sweet Shade P.C.C. sidewalk repairs 9/16/97 9/16/97 27635 Jefferson Debris pick-up 9/16/97 DATE LOCATION REQUEST DATE WORK RECEIVED COMPLETED 9/17/97 27505 Ynez Chnnnel clean-up 9/17/97 9/17/97 29762 Chile Pantano Loose manhole covers 9/17/97 9/17/97 29827 Via Puesta Del Sol Tree trimming 9/17/97 9/19/97 29827 Via Puesta Del Sol Tree trimmin$ 9/19/97 9/19/97 30224 Milano Basketball hoop in street 9/19/97 9/19/97 29775 Chile Olvera Cone pick-up 9/19/97 9/22/97 43325 Cnll¢ Nncido Catch basin repnir 9/22/97 9/22/97 31174 Chile Aragon Tree trimming 9/22/97 9/22/97 31555 Rnncho Vista Rd. Cone request 9/22/97 9/22/97 31105 Callo Aragon Tree trimming 9/22/97 9/24/97 Overland Dr. @ Red Hnwk S.N.S. repair 9/24/97 9/24/97 41684 Big Snge Court Tree limb down 9/24/97 9/24/97 39739 Creative Dr. Storm drnin 9/24/97 9/29/97 31366 Corte Montiel S.N.S. miss'rag 9/29/97 9/29/97 39445 Pain Vista St. Road grading 9/29/97 9/29/97 39612 Diego Dr. R.O.W. mowing 9/29/97 9/29/97 30151 Santiago Rd. Channel grading 9/29/97 9/30/97 28061 Diaz Rd. Haz-mat spill 9/30/97 TOTAL SERVICE ...... ORDERREqUEsTS , ,, ~ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF SEPTEMBER, 1997 DATE [ LocATION " ' WORK'COMPLiITED 9/4/97 Wigcot area Abated 8,800 S.F.R.O.W. Weeds 9/8/97 Riv~mn ~ Nicolas Abated 16,800 S.F.R.O.W. Weeds 9/8/97 Nicolas (~1Liefer Abated 6,000 S.F. R-O.W. 9/8/97 Calle Medosa & Calle Kathern Abated 1,500 S.F. R-O.W. We~!s 9/10/97 Panba e/o Showalter Abated 28,300 S.F. R-O.W. Weeds 9/11/97 Panba e/o Margarita Abated 16,078 S,F. R-O.W. Woods 9/15/97 Deportola ~ J. Smith Abated 235 S.F.R.O.W. Woods 9/16/97 3rd St. (~ Mercedes Abated 100 S.F.R.O.W. Weeds 9/16/97 Margarita (~1Deportola Abated 160 S.F.R.O.W. Weod~ 9/16/97 1st St. ~ Santiago Abated 2,700 S.F. R-O.W. Weeds 9/16/97 Panba e/o Via Rand Abated 47,400 S.F. R-O.W. W~xts 9/17/97 Nicolas e/o Winchester Abated 540 $.F.R..O.W. Weeds 9/19/97 Rancho Vista (~1 Goleta Abated 4,880 S.F.R.O.W. Weeds 9/23/97 Area #1 "Channels" Abated 1,020 S.F. Weeds 9/23/97 Rancho Vista ~l Camino Romo Abated 200 S.F.R.O.W. Weeds 9/24/97 Area #1 "Channels" Abated 1,620 S.F. Wo~ds 9/24/97 Butterfield $tag~ s/o Pauba Abated 10,920 S.F.R.O.W. Woeds 9/29/97 Butterfield Stage s/o Pauba . Abated 29,400 $.F.R.O.W. Weeds 9/29197 Vallejo Channel Abated 322 S.F. Wen~ds 9/30/97 Deportola Channel Abated 320 S.F. Weeds 9/30/97 Felix Valdez ~ 6th Street Abated 360 S.F. Wools 9/30/97 Butterfield Stage n/o Rancho Vista Abated 23,700 $.F.R.O.W. Weeds TOTAL SaY. R-O-W WEEDS ABATED 201355 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF SEI'TEMBF.,R, 1997 9/5//97 Ave. ~ ~ ~ ~ B~a Vis~ C~ & C~ 5 CATCH~S 9/15/97 ~'s ~1 & ~2 "~" C~ & C~~ 47 CATCHB~S 9/15/97 ~'s ~3 & ~4 "~" C~ & C~~ 65 CATCHB~S 9/1~97 Old To~ C~ & ~~ 11 CATCH~S 9/1~97 ~ C~a ~ ~ Ynez & M~g~ C~ & C~~ 3 CATCHB~S 9/16/97 ~la ~ M~gm~ C~ & C~C~ 4 CATCHB~S 9/25/97 CiW Wi~ "~" C~ & C~C~ 22 CATCHB~S 9/26/97 CiW Wi~ "~" C~ & ~C~ 31 CATCH TOT~ CAT~ B~INS CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION RIGHT OF WAY TREE TRIMMING MONTH OF SEPTEMBER, 1997 9/2/97 Nicolas @ Warbler Ct. TRIMMED 5 R.O.W. TREES 9/3/97 Viz CAlberto (~ Pala Rd. TRIMMED I R.O.W. TREES 9/4/97 Solana (~ Margarita TRIMMED 2 R.O.W. TREES 9/18/97 45520 Classic Way TRIMMED I R.O.W. TREES 9/18/97 Elinda (~ Pauba TRIMMED 3 R.O.W. TREES 9/19/97 Elinda ~ Pauba TRIMMED $ R.O.W. TREES 9/19/97 £1inda (~ Call~ Halcon TRIMMED 4 R.O.W. TREES 9/23/97 C Street (~ Santiago TRIMMED 2 R.O.W. TREES 9/23/97 Asteroid (~ Rancho California Rd. TRIMMED 2 R.O.W. TREES 9/23/97 Rancho Vista (~ Calle Rasaca TRIMMED 4 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 29 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION GRAFFITI REMOVAL MONTH OF SEPTEMBER, 1997 i' VAT LOCatiON wotot COSTCO/ ' 9/2/97 Margarita ~ N. ~ ~ ~ow 75 S.F. 9/~97 ~ C~a ~ ~ L~e ~ ~ovo 4 S.F. of 9/~97 Fro~ ~ M~eno R~ve 202 S.F. of 9/9/97 Ni~l~ ~ N. ~ Ke~ ~ow 1,~2 S.F. of~fi 9/17/97 Via ~i ~~ Way ~ove I S.F. 9/17/97 ~g~ ~o So. Cross ~ove 1 S.F. of 9/17/97 M~g~ ~ S~ ~ove 132 S.F. of 9/17/97 ~o Vis~ ~ So. Cross ~ve 40 S.F. 9/19/97 ~n B~g ~ve 60 S.F. 9/2~97 To~ PI~ ~ovo 180 S.F. of 9~9/97 ~ho C~o~a ~ ~ H~b~ ~ove 132 S.F. of 9/29/97 M~ St Bfid~ ~ve 897 S.F. of 9/30/97 ~ C~a ~. ~ C~e ~agon ~ve 6 S.F. TOT~ S~. G~ ~MO~D TOT~ LOCA~O~ CITY OF TEMECUI~ DEPARTMENT OF PUBLIC WORKS ROADS DMSION SIGNS MONTH OF SEPTEMBER, 1997 9/2/97 Mercedes St. Installed 2 R-2 "25", W-57, Type "N" 9/3/97 1Lam~ California Rd. @ Target Center Replaced R-17 with R-34 9/10/97 Diaz ~l Rancho California Rd. Replaced R-2 45 "T.C." 9/12/97 Camino Verde (~ Camino D~I Este Installed S.N.S. 9/15/97 Pala RcL ~ 79 So. Replaced W-31 & Type "N" Graffiti 9/16/97 Rancho California Rd. ~1Morago Replar. od R-26D "T.C." 9/17/97 Rancho California Rd. (~ Target Center Replaced R-7 Type "K" "T.C." 9/17/97 Rancho Vista ~ Meadows Pkwy Replaced R-1 & R-1-A "C-ntffiti" 9/18/97 Ynez ~ Preeee Replaced R-1 "T.C." 9/22/97 Rancho California Rd. ~l Yukon Replaced R-7 "T.C." 9/23/97 Pauma Valley - Sierra Madre ~ N. G-~n. Kearny Replaced 2 R-I "Graffiti" 9/23/97 Rancho Vista (~ Callo Resaca Replaced R-1 "Faded" 9/24/97 Santiago ~1 Margarita Replaced W-31 Type "N" Damaged 9/24/97 Poole Ct. ~1La Serena Replaced R-I Damaged 9/24/97 Panba ~ Butterfield Stage Rd. R~lac, od R-I "Stolen" 9/24/97 Corto Meodoza ~ Camino Romo Installed R-1 W-53 9/26/97 Winchester Creek ~1 End Replaced "W' Marker Damaged 9/26/97 Rainbow Ck. ~ End Replaced 11 & W-31 Damaged 9/29/97 3rd St. Replaced Carsonitc 9/29/97 La Serena n/o Poole St. Replaced Deliniator 9/29/97 Nicolas Rd. (~ Calle Medusa Replaced R-35 9/30/97 Rancho California RcL ~ 1-15 Replaced Type '~r' "T.C." TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED CITY OF TEMECUI~ DEPARTMENT OF PUBLIC WORKS ROADS DMSION STENCILS / STRWING MONTH OF SEPTEMBER, 1997 DATE LOCATION WORK COMPLETED '~ I I 9/3/97 Area #2 (see daily for locations) Repainted 15 Legends 9/4/97 Ar~ #1 & #3 (see daily for locations) Repainted 6 Legeads 9/8/97 Area #2 (see daily for locations) Repainted 4 Logrods 9/9/97 Area #2 (see daily for locations) R~painted 21 Legenda 9/10/97 Area #2 (see daily for locations) Repainted 10 Legend~ 9/10/97 Margarita (~ Pio Pico Repainted 235 L.F. ofyollow oub 9/11/97 Area #3 (see daily for locations) Repainted 47 Legend~ 9/12/97 Area #4 Repainted 28 Legends 9/17/97 Area//4 Repainted 47 Legends 9/18/97 Area 84 Repainted 37 Legenda 9/19/97 Meadow View Area Repainted 34 Legends 9/22/97 Meadow Viow Area Repainted 65 Legends 9/23/97 Meadow View Area Repainted 22 Legeada 9/23/97 De, l Ray Rd. ~ School Pa~ainted 65 L.F. whito oath 9/24/97 Camino Romo (~ Corte Mendoza Installed 50 L.F. whit~ oa-b 9/24/97 Pina Coloda s/o I~l Pry 1Lepainted 27 Logearls 9/29/97 Cort~ Mendoza (~ Camino Romo Installed 40 L.F. 4" yellow I. im& 1 ~hool legend 9/30/97 Area #1 R~painted 37 I~geads TOTAL NEW & REPAINTED LEGENDS 401 L.F. OR NEW & REPAINTED RED CURB & STRIPING 390