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HomeMy WebLinkAbout112597 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 I1! AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE NOVEMBER 25, 1997- 7:00 PM 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: Mayor Patricia H. Birdsall presiding Tracy Milner Next in Order: Ordinance: No. 97-21 Resolution: NO. 97-125 Invocation: Flag Salute: Pastor Ron Bolt, People's Church of the Valley Councilmember Lindemans ROLL CALL: Ford, Lindemans, Roberts, Stone, Birdsall ELECTION CERTIFICATION RECOMMENDATION: · Adopt a resolution entitled: RESOLUTION NO. 97-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1997, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW R:\Agenda\l 12597 I PRESENTATIONS/ PROCLAMATIONS Presentation to Linda Campbell, Outgoing TVUSD President Presentation to Rosie Vanderhaak, Outgoing TVUSD Governing Board Presentation of GFOA Award - Presented by Ron Bradley Presentations to Outgoing Mayor Patricia H. Birdsall Oath of Office - Newly Elected Councilmembers Jeff Stone, Ron Roberts and Jeff Comerchero 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 Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance AdoDtion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Resolution Approving List of Demend~ RECOMMENDATION: 2.1 Adopt a resolution entitled: R:\Agenda\ 112597 2 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 Labor and Materials Securities for Public Improvements in Tract No. 21675-6 (Located Southwesterly of Intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION' 3.1 Authorize the release of Labor and Materials securities for Public Improvements in Tract No. 21675-6; 3.2 Direct the City Clerk to so advise the Developer and Sureties. Reduce Faithful Performance Securities to Warranty Level for Riverside County Flood Control District Storm Drains in Tracts No. 24131 through 24135 (Located Southeasterly of the intersection of Margarita Road at Pauba Road) RECOMMENDATION: 4.1 Authorize the reduction of Faithful Performance Bonds to the warranty level for Storm Drain Facilities constructed under Cooperative Agreement for Project No. 7-0- 0413 between Riverside County Flood Control and Water Conservation District (DISTRICT), the City of Temecula, and Bedford Development Company in Tracts No. 241 31 through 24135; 4.2 Direct the City Clerk to so notify the Developer, District and Surety. Authorize Temporary Street Closures for Santa's Annual Christmas Lights Parade on December 4. 1997. and Delegate Authority to issue Special Events/Street Closures Permit to Director of Public Works/City Engineer RECOMMENDATION' 5.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM DEL RIO TO OVERLAND AVENUE FOR SANTA'S ELECTRIC LIGHTS PARADE ON DECEMBER 4, 1997, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES R:\Agenda\l 12597 3 Release L~bor and Materials Security for Public Improvements in Tract No. 21675-6 (Located Southwesterly of the Intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 6.1 Authorize the release of the Labor and Materials security for Public Improvements in Tract No. 21675-6; 6.2 Direct the City Clerk to so advise the Developer and Sureties. Release Faithful Performance Warranty Security in Tract No. 23267-4 (Located Southwesterly of Margarita Road at Highway 79 S) RECOMMENDATION: 7.1 Authorize the release of the Faithful Performance Warranty security for Street, Water and Sewer improvements; 7.2 Direct the City Clerk to so notify the Developer and Surety. Release Faithful Performance Warranty and Labor and Materials Securities in Tract No. 23267-F (Located Southwesterly of Margarita Road at Highway 79 S) RECOMMENDATION: 8.1 Authorize release of the Faithful Performance Warranty and Labor and Materials securities for the public street, and water and sewer system improvements in Tract No. 23267-F; 8.2 Direct the City Clerk to so notify the Developer and Surety. Tract Ma_o No. 258~)2 (Located on the South Side of Pauba Road between Ynez Road and Margarita Road) RECOMMENDATION: 9.1 Approve Tract Map No. 25892 in conformance with the Conditions of Approval. 10 Communications Tower Lease Agreement RECOMMENDATION 10.1 Approve the Communications Tower Lease Agreement with ComSites USA, Inc. R:\Agenda\112597 4 11 Liability Insurance Renewal RECOMMENDATION: 11.1 Approve the City's Liability Insurance Policy Renewal with Insurance Company of the West, Option II, for increased coverage in the amount of $98, 800 for general liability and automobile physical damage for the period of December 1, 1997 through December 1, 1998. 12 13 AccePt Two Offers of Dedication for Street and Highway Purposes for Rancho California Road at Interstate Route 15 Bridge Widening and Northbound Ramp Improvements, Project No. PW95-12 RECOMMENDATION: 12.1 Adopt a resolution entitled' RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING OFFERS OF DEDICATION FOR STREET AND HIGHWAY PURPOSES MADE TO THE CITY OF TEMECULA AT THE INTERSECTION OF RANCHO CALIFORNIA ROAD AND INTERSTATE ROUTE 15 FOR THE RANCHO CALIFORNIA ROAD AT INTERSTATE ROUTE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS Temecula Creek Channel- Margarita Road Storm Drain Project No. 7-90-0051, Parcel Map No. 28384 - Cooperative Agreement RECOMMENDATION 13.1 13.2 Approve the Temecula Creek Channel - Margarita Road, Project No. 7-0-0051, Parcel Map No. 28384 - Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the American Stores Properties, Inc. Authorize the execution and attestation of such agreement in its final form by the City Manager and City Clerk. 14 Agreement for Comprehensive Administration. DelinQuency Management and Arbitrage Services for Community Facilities District No. 88-12 (CFD 88-12) RECOMMENDATION' 14.1 Approve the agreement with MuniFinancial, Inc., to provide Comprehensive Community Facilities District Administration, Delinquency Management and Arbitrage Services for the City of Temecula and execute agreement attached. R:\Agenda\ 112597 5 COUNCIL BUSINESS 15. Ele~;tion of Council Officer8 RECOMMENDATION: 15.1 Entertain motions from the City Councilmembers to elect the Mayor to preside until the end of calendar year 1998. 15.2 Entertain motions from the City Councilmembers to elect the Mayor Pro-Tem to preside until the end of calendar year 1998. 16 Murrieta Creek Update (Oral Presentation by Public Works Director/City Engineer Joe Kicak.) DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT RECESS Recess to a Joint meeting of the Temecula City Council and the Redevelopment Agency of Temecula to held at the conclusion of the Redevelopment Agency Business R:\Agenda\l 12597 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: N~. ¢$D 97-01 Resolution' No. CSD 97-16 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemarts, Roberts, Stone PUBLIC COMMENT: A total of 1 5 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" form must be filed with the City Clerk before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Tract No. 25892 - Establishing Service Level B Rates and Charges RECOMMENDATION: 1.1 Adopt a resolution entitled' RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 25892 BEGINNING FISCAL YEAR 1998-99 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH R:\Agenda\l 12597 7 2 Award Contract - Re-plaster Temecula Elementary School Pool RECOMMENDATION: 2.1 Approve a contract of $14,750 to Jeff Kerber Pool Plastering to provide pool plastering services for the Temecula Elementary School Swimming Pool. DISTRICT BUSINESS: 3. Election of Officers for Calender Year 1998 RECOMMENDATION: 3.1 3.2 Entertain motions to elect a President to preside until the end of calendar year 1998. Entertain motions to elect a Vice President who will assume the duties of the Chairman in his absence and hold this office until the end of calendar year 1998. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: December 9, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\l 12597 8 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: Chairperson Steven J. Ford presiding Next in Order: Ordinance: No. RDA ~)7-01 Resolution: NO. RDA 97-08 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 AcQuisition of Property for the Affordable Housing Program RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTH SIDE OF SIXTH STREET, EAST OF PUJOL STREET, (APN 922-053-003) IN THE CITY OF TEMECULA 1.2 Authorize the expenditure of up to $90,000 from RDA Housing set-aside funds for acquisition, escrow and closing costs. R:\Agenda\l 12597 9 2. Election of Officers for the year 1998 RECOMMENDATION: 2.1 Entertain motions to elect a Chairman to preside until the end of calendar year 1998. 2.2 Entertain motions to elect a Vice Chairman who will assume the duties of the Chairman in his absence and hold this office until the end of calendar year 1998. CONVENE A JOINT MEETING OF THE TEMECULA CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF TEMECULA . Planning Application No. PA 97-0221, Amending Section F.2, Perking of the 01d Town Specific Plan to Establish In-Lieu Parking In-Lieu Fee Progrem end Revise the Parking Reo. uirements {Planning Application No. PA~7-02~1 RECOMMENDATION' 1.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING (PLANNING APPLICATION NO. PA 97-0221), AN AMENDMENT TO THE OLD TOWN SPECIFIC PLAN ESTABLISHING THE IN-LIEU PARKING FEE PROGRAM AND REVISE THE PARKING REQUIREMENTS (PLANNING APPLICATION NO. PA 97-0221) DEPARTMENTAL REPORT REDEVELOPMENT DIRECTOR'S REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Adjourn the City Council meeting to the next regular meeting: December 9, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Adjourn the Redevelopment Agency to the next regular meeting: December 9, 1997 to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California RECEPTION: A reception in honor of retiring Mayor Patricia Birdsall and newly elected Councilmember Jeff Comerchero will be held at the conclusion of the meeting. The Public is cordially invited to attend. R:\Agenda\l 12597 10 CERTIFICATION OF ELECTION RESULTS RESOLUTION NO. 9%125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1997, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Temecula, California, on Tuesday, November 4, 1997, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all r~ts the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. 97-68 adopted June 24, 1997, the County Election Detntmnent canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the City, including absent voter ballots, was 6,204. Section 2. That the names of persons voted for at the election for Member of the City Council are as follows: Alan Shaw Jeff Stone Ron Roberts Michael Naggar Jeff Comerchero Jeannie Gillen Section 3. That the number of votes given at each precinct and the number of votes given in the city to each of the persons above named for the offices for which the persons were candidates was as listed in Exhibit "A" attached. Section 4. The City Council does declare and determine that Jeff Stone, Ron Roberts and Jeff Comerchero were elected Members of the City Council for a full term. Resos\97-125 I Section 5. The City Clerk shall enter on the records of the City Council of the City, a s~tement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) The total number of votes given to each person. Section 6. That the City Clerk shall immediately make and deliver to each person so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. Section 7. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 25th day of November, 1997. ATrEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] Reaoa\97-125 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 97-125 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 25th day of November, 1997 by the following roll call vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Resos\97-125 3 u REGISTRAR OF VOTERS COUNTY OF RIVERSIDE P.3 Exhibit A - Page 1 2724 eet, wey Ddve Rive~kJe, CA 925070918 (gOg! 486-7200 FAX (90~) 488-7272 CERTIFICATE OF REOISTRAR OF VOTRRS TO THE RP.~ULTS OF TI~ CANVASS OF P.i.ECTION P.~ftrRNS State of Celifornia ) )ss. Coun~ of Riv~side ) I, MISCH~LLE TOWNSP_~D, P,~gistrar of Voters of said County, do ~ certify tlmt, in putsunn~ of tf~e provisions of Sections ~07 and 15301 of the Califomis Elections Cod~ and the ~esolution ado9ted by t!~ City Council, I did canvass t!~ returns of the vote cast at the General Mtmicipal Election held on November 4, 1997, as pnrt of the Consolidated Election, in the CITY OF ~ and I further certify thnt the starerant of votes cast, t~ which this certificate is attached, shows the whole number of votes cast for each candida~ for electiw office, at said election in said City Dated this 21st d~y of November, 1997 MISCRI~T.T'~. TOWNSI~D Registrar of Vote, rs 11119/t? 8:M Pll Nine, ember 4, 'IN?' OF' 'V'OT~iatm~M~tMV.~ Exhibit A - Page 2 GENERAL CON~OUI~'I'BO ELEC~ON Ii · ' " 1;rlH. Ol, l~ ~T¢ COUNCIl. --- . I I :1~- ~E~ 41Z ~1 ~I: ~I~-~ME~ 013 t~, I~ · ~E~ 711 ~ 1~ -~l~ ~1 113 21t .~ ~ i16 ~.I 21~-~~ ~ 1~ ~ ~ ~ 1~ ~ M M 211- ~Mi~ 617 113 1~. TE~~ O a ~ 0 O 0 0 O PROCLAMATIONS/ PRESENTATIONS Presenfed in appreciation and gratitude on behalf of the citizens of the City of Temecula Tot This expression of the community's deepest appreciation serves to acknowledge the generous contributions made by Linda Campbell to the excellence of the Temecula Unifid School District° Her dedicated service as a member of the School District Governing Board since 199~ has greatly enhanced the quality of education for the students of this District. $he exemplifies all of the qualities of excellence in Public In Witness Whereof, I have hereunto affixed my hand and official seal this 25th day of November, 1997 Patricia H. Birdsall ~[ayor ' June S. Greek, CMC/AAE City Clerk Cer ,it[ica :e ot[ Appreciahon Presented in appreciation and gratitude on behalf of ¢he citizens of the City of Temecula To: This expression of the community's deepest appreciation serves fo acknowledge the generous confributions made l~y Rosie Vanderhaak to the excellence of the Temecula Unified School District. Her dedicated service as a meml~er of the School District Governing Board since 1988 has greatly enhanced the quality of education for the studen& of this District. She has earned the respect and admiration of the residents in this and neighl~oring communities. In Witness Whereof, I have hereunto affixed nay hand and official seal this 25th day of Noveml, er, 199 7 Patricia H. Birdsall ~[ayor June S. Greek, C54[C/AAE City Clerk ITEM 2 RESOLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RFfiOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $692,986.71. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 25th day of November, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] 97- 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) 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 25th day of November, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Resos 97- 2 CITY OF TEMECULA LIST OF DEMANDS 11/13/97 TOTAL CHECK RUN: 11/25/97 TOTAL CHECK RUN: 11/13/97 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 11/28/97 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 280 300 320 330 340 380 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA - DEBT SERVICE PAYROLL: 001 165 190 191 192 193 194 280 300 320 330 34O GENERAL RDA-LOW/MOD TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-ClP INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: iPREPAR~ R~WE~NTING SPECIALIST GENIETERTS, DIRECTOR OF FINANCE RONALD E. BRADLEY, CITY MANAGER ~ $ 160,067.55 376,854.76 156,064.40 $ 692r986.71 468,085.60 11,801.39 30,109.92 42.10 98.77 1,542.13 635.46 11,006.60 3,556.66 3,973.66 459.37 3,377.91 2,232.74 105,220.68 5,260.38 30,016.18 69.41 179.78 2,558.74 988.83 5,027.06 648.14 3,287.52 785.85 2,021.83 536,922.31 $ 692~986.71 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 11/13/97 14:02 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOt~/HOD SET ASIDE 190 CONNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 REDEVELOPHENT AGENCY - CIP 300 INSURANCE FUND 320 INFORNATION SYSTEHS 330 SUPPORT SERVICES 340 FACILITIES 390 TCSD DEBT SERVICE ANOUNT 95,361.84 11,801.39 30,109.92 42.10 98.77 1,542.13 635.46 6,875.60 3,556.66 3,973.66 459.37 3,377.91 2,232.74 TOTAL 160,067.55 VOUCHRE2 11/13/97 VOUCHER/ CHECK NUMBER 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 841458 46388 46388 46388 46388 46388 46388 46388 14:02 CHECK DATE 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 11/13/97 VENDOR NUMBER 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000116 000116 '000116 000116 000116 000116 000116 VENDOR NAHE INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTAT/U( (EDD) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTAT/O((IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000444 SD! 000444 SDI 000444 SD! 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEOICARE 000283 MEOICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP ACCOUNT NUMBER 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 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 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2310 165-2310 190-2310 193-2310 280-2310 300-2310 340-2310 ITEM AMOUNT 32.92 10.59 55.11 1.42 3.80 3.62 4,327.11 223.37 826.47 1.64 3.95 70.96 24.97 198.54 24.12 144.69 22.95 ~5.06 16,645.27 742.43 3,635.59 8.94 23.16 348.09 140.28 633.95 90.60 613.59 109.14 318.TZ 3,940.75 190.~7 1,081.00 2.38 6.17 89.05 36.58 179.17 24.37 127.12 27.02 74.44 480.88 12.90 68.32 1.38 14.64 4.30 2.58 PAGE 1 CHECK AMOUNT 6,051.29 29,088.63 VOUCHRE2 11/13/97 14:02 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAHE DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 46388 11/13/97 000116 A V P VISION PLANS STATEMENT ADJ 001-150-999-5250 3.48 588.48 46389 11/13/97 001700 A+ TEACHING HATERIALS DAY CAMP SUPPLIES 190-183-999-5320 29.52 29.52 46390 11/13/97 000440 AGLOW PHOTOGRAPHY 46390 11/13/97 000440 AGLOW PHOTOGRAPHY J. STONE PHOTOS:PRESS RELEASE 001-100-999-5250 SALES TAX 001-100-999-5250 64.00 4.96 68.96 46391 11/13/97 002733 ALBAO, NANCY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 208.00 208.00 46392 11/13/97 000936 AMERICAN RED CROSS SUPPLIES:FIRST AID TRAINING 190-180-999-5261 35.00 35.00 46393 11/13/97 002480 ANIXTER, INC MISC COMPUTER SUPPLIES 320-199-999-5221 169.14 169.14 46394 11/13/97 000622 BANTA ELECTRIC-REFRIGER CITY HALL HVAC IMPROVEMENT 340-199-701-5610 46394 11/13/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES-CITY HALL 340-199-701-5212 46394 11/13/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES-CITY HALL 340-199-701-5212 485.00 131.15 229.23 845.38 46395 11/13/97 003007 BARON BAG COMPANY SANDBAGS:PREP FOR EL NINO 001-164-601-5218 46395 11/13/97 003007 BARON BAG COMPANY SALES TAX 001-164-601-5218 46396 11/13/97 002541 BECKER, WALTER KARL REPAIR:UNDER SIDEWALK DRAINS 001-164-601-5402 1,700.00 131.75 1,796.00 1,831.75 1,796.00 46397 11/13/97 002093 BERRYHAH AND HENIGAR PUBLIC PRKG FAC.PAVEMENT MGMT 190-180-999-5248 1,150.00 1,150.00 46398 11/13/97 000370 BIRDSALL, PATRICIA REIMB:LEAGUE CF 10/11-14 001-100-999-5258 22.00 22.00 46399 11/13/97 002099 BUTTERFIELD ENTERPRISES NOV O.T.BATHROOM RENTAL/HAINT 280-199-999-5212 826.00 826.00 46400 11/13/97 000131 CARL WARREN & CO., INC. JUL-OCT CLAIM SERVICES 300-199-999-5205 46400 11/13/97 000131 CARL WARREN & CO., INC. WIEMER, A 1/27/97 300-199-999-5205 3,051.30 55.00 46401 11/13/97 000135 CENTRAL CITIES SIGN SER DIRECTIONAL SIGN:WINCH.ON-RAMP 001-164-601-5244 450.75 46401 11/13/97 000135 CENTRAL CITIES SIGN SER SALES TAX 001-164-601-5244 34.93 46401 11/13/97 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 505.33 46401 11/13/97 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 161.63 46401 11/13/97 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 104.73 46401 11/13/97 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 293.08 46402 11/13/97 001195 CENTRAL SECURITY SERVIC NOV ALARM SERVICE-C.R.C. 190-182-999-5250 50.00 3,106.30 1,550.45 50.00 46403 11/13/97 003029 CHICAGO TITLE COMPANY LEGAL CONSULTING SERVICES 001-1280 546.00 46403 11/13/97 003029 CHICAGO TITLE COMPANY LEGAL CONSULTING SERVICES 001-1280 546.00 46403 11/13/97 003029 CHICAGO TITLE COMPANY LEGAL CONSULTING SERVICES 001-1280 336.00 46403 11/13/97 003029 CHICAGO TITLE COMPANY LEGAL CONSULTING SERVICES 001-1280 1,442.00 46403 11/13/97 003029 CHICAGO TITLE COMPANY LEGAL CONSULTING SERVICES 001-1280 467.00 46403 11/13/97 003029 CHICAGO TITLE COMPANY LEGAL CONSULTING SERVICES 001-1280 396.00 46404 11/13/97 002989 CLEAR IMAGE WINDOW CLEA CITY HALL WATER SPOT REMOVAL 340-199-701-5212 128.00 3,733.00 128.00 46405 11/13/97 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 001-2330 39.75 46405 11/13/97 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 190-2330 39.75 VOUCHRE2 11/13/97 14.'02 VOUCHER/ CHECK CHECK NUMBER DATE 46405 11/13/97 46405 11/13/97 46405 11/13/97 46405 11/13/97 46405 11/13/97 46405 11/13/97 46405 11/13/97 46405 11/13/97 46405 11/13/97 46405 11/13/97 46406 11/13/97 46406 11/13/97 46407 11/13/97 46408 11/13/97 46409 11/13/97 46409 11/13/97 46409 11/13/97 46409 11/13/97 46409 11/13/97 46410 11/13/97 VENDOR NUMBER 000140 000140 000140 000140 000140 000140 000140 000140 000140 000140 002945 002945 003009 002106 000156 000156 000156 000156 000156 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS 002466 46411 11/13/97 002712 46412 11/13/97 46413 11/13/97 46413 11/13/97 46414 11/13/97 46415 11/13/97 46416 11/13/97 46417 11/13/97 46418 11/13/97 46419 11/13/97 46420 11/13/97 46420 11/13/97 46420 11/13/97 46421 11/13/97 46421 11/13/97 VENDOR NAME COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN ITEM DESCRIPTION 000140 800 A&S 000140 800 A&S 000140 800 A&S 000140 800 A&S 000140 CANCER 000140 CANCER 000140 CANCER 000140 CANCER 000140 CANCER 000140 CANCER CONSOLIDATED ELECTRICAL CRC-GYM LIGHTS COVER CONSOLIDATED ELECTRICAL SALES TAX CONTROL CASH REGISTER C REPROGRAM REGISTER AT SKATE PK DA FAMILY SUPPORT 002106 SUPPORT DENTICARE OF CALIFORNIA 000156 DEN-AMIN DENTICARE OF CALIFORNIA 000156 DENT-ADV DENTICARE OF CALIFORNIA 000156 DENTICAR DENTICARE OF CALIFORNIA 000156 DENT-REV DENTICARE OF CALIFORNIA 000156 DENTICAR DOVER ELEVATOR COHPANY NOV ELEVATOR SERVICE HAINT. ECONOMIC & POLITICAL AN OCT ECONOMIC CONSULTING SRVCS EDUCATIONAL SEMINARS IN NOTARY SEM:11/17 M. COHEE 000754 ELLIOTT GROUP, THE 000754 ELLIOTT GROUP, THE 002517 ERNIE B'S ETHRIDGE, THEODORE 002832 FENCE BUILDERS 000166 FIRST AMERICAN TITLE CO 001135 002265 002002 002002 MAINTENANCE INSPECTIONS REVIEW IRRIGATION PLANS LUNCH:HAZ MAT CLASS 10/20-21 REFUND:SECURITY DEPOSIT RESID. IMPROV. PRGM:PENNINGTON LOT BOOK REPORT:BARNES FIRST CARE INDUSTRIAL M EMPLOYEE PAID FLU SHOTS FIRST TRUST OF CALIFORN ADMIN FEE TEM COHM SRVCS DIST FONTAINE, JOE FONTAINE, JOE FONTAINE, JOE REFUND:DISMISSED PRK CITATION REFUND:DISMISSED PRK CITATION REFUND=DISMISSED PRK CITATION FORTIS BENEFITS INS. CO 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS LIFE INS ACCOUNT NUMBER 001-2330 190-2330 193-2330 340-2330 001-2330 165-2330 190-2330 193-2330 280-2330 340-2330 190-182-999-5212 190-182-999-5212 190-180-999-5215 190-2140 001-2340 001-1180 001-2340 001-1180 001-2340 340-199-701-5212 280-199-999-5248 001-120-999-5261 193-180-999-5248 190-180-999-5250 001-150-999-5261 190-2900 165-199-813-5804 165-199-999-5250 001-2640 390-199-999-5227 001-170-4055 001-2260 001-2265 001-2360 165-2360 ITEM AMOUNT 66.50 60.88 .94 4.68 148.21 19.41 22.32 1.59 6.47 7.97 98.25 7.61 120.00 82.50 15.00 8.81 8.81 8.81- 8.81 199.10 1,000.00 128.00 337.50 300.00 263.80 100.00 2,880.00 150.00 108.00 2,222.74 295.00 5.00 50.00 646.01 15.90 PAGE 3 CHECK AMOUNT 418.47 105.86 120.00 82.50 32.62 199.10 1,000.00 128.00 637.50 263.80 100.00 2,880.00 150.00 108.00 2,222.74 350.00 VOUCHRE2 CITY OF TEMECULA 11/13/91 14:02 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 190-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 191-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 192-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 193-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 194-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 280-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 300-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 320-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 330-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 340-2360 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 001-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 165-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 190-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 191-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 192-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 193-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 194-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 280-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 300-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 320-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 330-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 LTD 340-2380 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 001-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 165-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 190-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 191-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 192-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 193-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 194-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 280-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 300-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 320-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 330-2500 46421 11/13/97 002002 FORTIS BENEFITS INS. CO 002002 STD 340-2500 135.16 .43 1.28 14.03 22.35 4.24 17.00 8.50 11.46 1,160.98 41.61 22?. 06 .82 2.01 23.65 11 .?8 51.05 7.58 40.49 8.07 14.40 1,228.32 44.01 240.23 .86 2.14 25.01 12.46 54.03 8.03 42.84 8.54 15.23 4,155.20 46423 11/13/97 000643 FORTNER HARDWARE, INC. MAINTENANCE SUPPLIES - PARKS 190-180-999-5212 46423 11/13/97 000643 FORTNER HARDWARE, INC. MISC TOOLS & EQUIP FOR MAINT 001-164-601-5218 17.22 22.41 39.63 46424 11/13/97 002982 FRANCHISE TAX BOARD - W 002982 ST DED 190-2140 46424 11/13/97 002982 FRANCHISE TAX BOARD - W 002982 ST DED 280-2140 46424 11/13/97 002982 FRANCHISE TAX BOARD - W PUBLIC FAC:D-1838546 FORM 199 390-199-999-5227 129.87 25.00 10.00 164.87 46425 11/13/97 002638 FRANK, IRNIN 46425 11/13/97 002638 FRANK, IRWIN WRITING/HAILING FALL RDA REPT 280-199-999-5250 WRITING/HAILING FALL RDA REPT 165-199-999-5250 900.00 900.00 1,800.00 46426 11/13/97 000170 FRANKLIN QUEST COMPANY, FRANKLIN DAYPLANNERS REFILLS 001-162-999-5220 46426 11/13/97 000170 FRANKLIN QUEST COMPANY, SHIPPING AND HANDLING 001-162-999-5220 46426 11/13/97 000170 FRANKLIN QUEST COMPANY, SALES TAX 001-162-999-5220 290.00 16.40 23.75 330.15 46427 11/13/97 001103 FREEDOM MATERIALS SILICA SAND:GRAFFITI REMOVAL 001-164-601-5218 45.26 45.26 VOUCHRE2 11/13/97 14:02 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NLMBER NAME DESCRIPTION NUMBER AHOUNT CHECK AHOUNT 46428 11/13/97 001937 GALLS, INC. LIGHT BAR REPLACEMENT BLUBS 001-164-601-5218 75.96 46428 11/13/97 001937 GALLS, INC. FREIGHT 001-164-601-5218 7.99 83.95 46429 11/13/97 002528 GLASS BLASTERS NEW HIRE MUGS 001-150-999-5265 22.00 46429 11/13/97 002528 GLASS BLASTERS SALES TAX 001-150-999-5265 1.71 23.71 46430 11/13/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5220 72.30 46430 11/13/97 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5277 76.33 46430 11/13/97 000177 GLENHIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 330-199-999-5220 16.12 164.75 46431 11/13/97 000186 HANKS HARDWARE, INC. SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370 36.88 46431 11/13/97 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - CRC 190-182-999-5212 53.77 46431 11/13/97 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - CITY 340-199-701-5212 242.14 46431 11/13/97 000186 HANKS HARDWARE, INC. SPECIAL EVENT SUPPLIES 190-183-999-5370 27.75 46431 11/13/97 000186 HANKS HARDWARE, INC. SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370 24.98 46431 11/13/97 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - CRC 190-182-999-5212 36.64 46431 11/13/97 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES - PARKS 190-180-999-5212 120.93 46431 11/13/97 000186 HANKS HAROWARE, INC. MAINTENANCE SUPPLIES - SENIOR 190-181-999-5212 17.94 46431 11/13/97 000186 HANKS HARDHARE, INC. MAINT SUPPLIES-MAINT FACILITY 340-199-702-5212 28.37 589.40 46432 11/13/97 002372 HARMON, JUDY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 471.20 471.20 46433 11/13/97 002098 HOUSE OF MOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 13.33 46433 11/13/97 002098 HOUSE OF MOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 209.16 46433 11/13/97 002098 HOUSE OF MOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 7.07 46433 11/13/97 002098 HOUSE OF MOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 32.99 46433 11/13/97 002098 HOUSE OF MOTORCYCLES REPAIR OF POLICE MOTORCYCLES 001-170-999-5214 12.00 274.55 46434 11/13/97 HUNGRY HUNTER NAKAYAMA SISTER CITIES DINNER 001-101-999-5280 1,080.08 1,080.08 46435 11/13/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,997.60 46435 11/13/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 165-2080 18.75 46435 11/13/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 399.44 46435 11/13/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 280-2080 43.57 2,459.36 46436 11/13/97 INLAND VALLEY MUNICIPAL AWARDS BANQUET:11/10;L.A.;J.L. 190-180-999-5261 20.00 20.00 46437 11/13/97 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 391.24 391.24 46438 11/13/97 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 114.80 114.80 46439 11/13/97 001667 KELLY TEMPORARY SERVICE TEMP HELP g/E 10/26 CHUDY 001-163-999-5118 11.70 46439 11/13/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/26 CHUDY 001-164-604-5118 35.10 46439 11/13/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/26 MILES 001-163-999-5118 72.80 46439 11/13/97 001667 KELLY TEMPORARY SERVICE TENP HELP W/E 10/26 MILES 001-164-604-5118 218.40 338.00 46440 11/13/97 000206 KINKO'S, INC. STATIONERY PAPER/HISC SUPPLIES 190-183-999-5370 32.56 32.56 46441 11/13/97 001123 KNOX INDUSTRIAL SUPPLIE (10)HEX BITS TO OPEN STORM LID 001-164-601-5242 126.94 126.94 46442 11/13/97 KUBES, GARY REFUND:VICR FEE #TER97251069 001-170-4067 45.00 45.00 VOUCHRE2 CITY OF TEMECULA PAGE 6 11/13/97 14:02 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NtJHBER DATE NUMBER NAME DESCRIPTION NUMBER AHOUNT AHOUNT 46443 11/13/97 000869 LAWRENCE WELK RESORT TH EXCURSION:MUSICAL X-HAS 12/17 190-183-4980 110.63 110.63 46444 11/13/97 001891 LINFIELD SCHOOL CHEERLEADERS PROFIT:HALLONEEN 190-183-4980 50.00 50.00 46445 11/13/97 003028 LOS ANGELES TIMES NEWSPAPER SUBSCRIPTION 280-199-999-5228 22.40 22.40 46446 11/13/97 002229 LUCE PRESS CLIPPINGS, I OCT PRESS CLIPPINGS 280-199-999-5250 179.01 179.01 46447 11/13/97 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL UMPIRES SERVS 190-183-999-5380 3,322.00 3,322.00 46448 11/13/97 002952 MINOLTA BUSINESS SYSTEM MAINT AGREEMENT:ACCT# 6500799 190-182-999-5239 504.00 504.00 46449 11/13/97 002925 NAPA AUTO PARTS NISC PARTS/SUPPLIES FOR PW 001-164-601-5218 3.22 3.22 46450 11/13/97 003025 NATIONAL COUNCIL FOR UR CUED MEMBERSHIP:MJ MCLARNEY 280-199-999-5226 195.00 195.00 46451 11/13/97 002105 OLD T(NN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 28.22 46451 11/13/97 002105 OLD TC~/N TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 23.45 46451 11/13/97 002105 OLO TC~/N TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 52.96 46451 11/13/97 002105 OLO TONN TIRE & SERVICE CITY VEHICLE REPAIRS & HAINT 001-164-601-5214 209.04 313.67 46452 11/13/97 003003 C~ENS, JEFF SAND FOR SAND BAGS FOR PUBLIC 001-164-601-5401 161.63 46452 11/13/97 003003 C~ENS, dEFF SAND FOR SAND BAGS FOR PUBLIC 001-164-601-5401 161.63 323.26 46453 11/13/97 001243 PALMQUIST, MARY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 427.20 427.20 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 001-2130 10.70 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 001-2390 17,264.10 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 165-2390 671.94 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 190-2130 3.34 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 190-2390 3,388.17 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 191-2390 11.15 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 192-2390 21.52 46454 11/13/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 339.72 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 194-2390 165.91 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 280-2130 1.00 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 280-2390 774.58 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 300-2390 112.06 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 320-2390 552.34 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 330-2390 110.10 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 340-2390 226.05 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS-PRE 001-2130 313.17 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 001-2390 74.04 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 165-2390 1.75 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 190-2390 14.78 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 191-2390 .05 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 192-2390 .14 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 193-2390 1.54 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 194-2390 .84 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 280-2390 2.43 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 300-2390 .46 VOUCHRE2 11/1]/97 14:02 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 46454 11/13/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 46454 11/1]/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 46454 11/1]/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 FHP 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/13/97 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 46455 11/13/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS DED 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADM 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 FHP 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/13/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 46455 11/13/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 46455 11/1]/97 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV 46456 11/13/97 001958 PERS LONG TERM CARE PRO 001958 PERS L-T PETTY CASH PETTY CASH PETTY CASH 000249 000249 000249 46457 11/13/97 46457 11/13/97 46457 11/13/97 PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT ACCOUNT NUMBER 320-2390 330-2390 340-2390 001-2090 165-2090 280-2090 001-2090 190-2090 001-2090 300-2090 001-2090 001-2090 165-2090 190-2090 191-2090 192-2090 193-2090 194-2090 280-2090 330-2090 340-2090 001-2090 190-2090 001-2090 190-2090 194-2090 001-2090 280-2090 001-2090 001-2090 165-2090 280-2090 190-2090 001-2090 001-2090 165-2090 190-2090 193-2090 280-2090 001-2090 001-2090 001-2090 280-2090 001-2090 001-2122 001-164-601-5260 001-161-999-5261 001-161-999-5261 ITEM AMOUNT 1.86 .93 1.25 156.86 168.60 56.19 697.00 356.85 972.19 38.27 1,161.38 4,870.61 44.98 1,518.03 14.80 29.60 225.97 44.40 14].10 148.00 384.80 2,085.92 147.7~ 2,533.58 305.70 101.90 2,]17.98 179.04 680.93 91.56 136.51 45.50 37.15 15.48 87.27 1.07 61.14 .46 3.37 11.85 100.15 52.02 128.96 680.93- 49.85 15.00 10.00 10.00 PAGE 7 CHECK AMOUNT 24,071.92 19,475.97 49.85 VOUCHRE2 11/13/97 14:02 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 8 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAHE DESCRIPTION NLIHBER ITEM AMOUNT CHECK AHOUNT 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5250 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-199-999-5270 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-199-999-5270 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 165-199-999-5261 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5218 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5350 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-184-999-5301 46457 11/13/97 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5258 3.50 30.27 46.46 60.11 6.95 9.86 7.53 7.53 25.86 15.00 16.16 10.00 23.69 34.16 33.40 5.00 370.48 46458 11/13/97 000254 PRESS-ENTERPRISE CONPAN CLASSIFIED ADS FOR RECRUITING 001-150-999-5254 46458 11/13/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PA97-0221 001-120-999-5256 46458 11/13/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 97-20 001-120-999-5256 46458 11/13/97 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 97-19 001-120-999-5256 629.40 18.75 9.50 11.00 668.65 46459 11/13/97 002110 PRIME EQUIPMENT EQUIP RENTAL - CITY PARKS 190-180-999-5238 105.98 105.98 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 001-2340 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 165-2340 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 190-2340 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 193-2340 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 280-2340 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 300-2340 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 340-2340 46460 11/13/97 001537 PRINCIPAL MUTUAL, INC. CORBRA/11-97 PARKS&FLAMMER 001-1180 2,187.69 126.60 386.44 3.38 178.05 16.92 67.70 51.32 3,018.10 46461 11/13/97 000255 PRO LOCK & KEY LOCKSMITH SERVICES - PARKS 190-180-999-5212 40.89 46461 11/13/97 000255 PRO LOCK & KEY LOCKSMITH SERVS:MAINT FACILITY 340-199-702-5212 71.01 111.90 46462 11/13/97 002523 PUBLIC AGENCY RISK MGR. MEMBERSHIP RENEWAL:FLORES,M. 300-199-999-5226 50.00 50.00 46463 11/13/97 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 190-180-999-5220 5.00 5.00 46464 11/13/97 001365 RIVERSIDE CO. ENVIRONME CRC HEALTH PERMIT:85124 190-180-999-5250 426.50 426.50 46465 11/13/97 003027 ROOFTEK RESIDENTIAL IMPRVMNT:TRUJILLO 165-199-813-5804 1,900.00 1,900.00 46466 11/13/97 SCOTT, KENNETH L. REFUND:TOT TAX OVRPMT(CONFORT) 001-199-4020 234.41 234.41 46467 11/13/97 002323 SECRETARY OF STATE, NOTARY APPLICATION FEE:M.COHEE 001-120-999-5226 72.00 72.00 46468 11/13/97 000403 SHAWN SCOTT POOL & SPA OCT POOL MAINT - TEN ELEM SCH 190-180-999-5212 150.10 150.10 46469 11/13/97 SHERIDAN, JANIS REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 VOUCHRE2 11/13/97 14:02 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 9 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 46470 11/13/97 000645 SMART & FINAL, INC. SUPPLIES FOR RECREATION PROMS 190-184-999-5301 50.77 50.77 46471 11/13/97 002718 SOUTHERN CALIF CITY CLE GENERAL MTG:GREEK/JONES:11/21 001-120-999-5260 25.00 25.00 46472 11/13/97 000537 SOUTHERN CALIF EDISON 2-02-351-5281 RANCHO VISTA 190-182-999-5240 3,958.06 3,958.06 46473 11/13/97 000282 SOUTHERN CALIF MUNICIPA SOFTBALL CF:J.LAWRENCE/L.AMAVI 190-180-999-5261 30.00 30.00 46474 11/13/97 003026 STEPHENS AND SON'S BUlL RESIDENTIAL IMPRVMNT:HAMMANG,V 165-199-813-5804 2,400.00 2,400.00 46475 11/13/97 000465 STRADLEY, MARY KATHLEEN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 408.00 46475 11/13/97 000465 STRADLEY, MARY KATHLEEN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 52.00 460.00 46476 11/13/97 002150 SUHMIT SAFETY PROOUCTS (6)ICE PACKS FOR PW MAINT YARD 001-164-601-5218 14.34 46476 11/13/97 002150 SUMMIT SAFETY PROOUCTS SALES TAX 001-164-601-5218 1.11 15.45 46477 11/13/97 000303 SYSTEM 2/90 (10) PANEL MOUNT SIGNS 340-199-701-5250 216.00 46477 11/13/97 000303 SYSTEM 2/90 FREIGHT 340-199-701-5250 5.00 46477 11/13/97 000303 SYSTEM 2/90 SALES TAX 340-199-701-5250 16.74 237.74 46478 11/13/97 000305 TARGET STORE SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370 109.43 46478 11/13/97 000305 TARGET STORE SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370 88.01 197.44 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 604.46 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 165-2125 2.16 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 82.00 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 191-2125 1.03 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 192-2125 2.05 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 14.35 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 194-2125 3.07 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 280-2125 8.38 46479 11/13/97 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 20.50 738.00 46480 11/13/97 000168 TEMECULA FLOWER CORRAL SUNSHINE FUND 001-2170' 46480 11/13/97 000168 TEMECULA FLOWER CORRAL PER COUNCIL:FUNNERAL ARRANGEMT 001-101-999-5285 50.10 54.95 105.05 46481 11/13/97 000642 TEMECULA, CITY OF - FLE EMPLOYEE CONTRIBUTION TO FLEX 001-1020 4,722.52 46481 11/13/97 000642 TEMECULA, CITY OF - FLE EMPLOYEE CONTRIBUTION TO FLEX 165-1020 391.25 46481 11/13/97 000642 TEMECULA, CITY OF - FLE EMPLOYEE CONTRIBUTION TO FLEX 190-1020 476.66 46481 11/13/97 000642 TEMECULA, CITY OF - FLE EMPLOYEE CONTRIBUTION TO FLEX 280-1020 568.75 46481 11/13/97 000642 TEMECULA, CITY OF - FLE EMPLOYEE CONTRIBUTION TO FLEX 300-1020 10.00 46481 11/13/97 000642 TEMECULA, CITY OF - FLE EMPLOYEE CONTRIBUTION TO FLEX 320-1020 200.00 6,369.18 46482 11/13/97 002111 TOGO'S HOUSING COMMITTESS LUNCHON 165-199-999-5250 265.35 46482 11/13/97 002111 TOGO'S HOUSING COMMITTEES LUNCHEONS 165-199-999-5250 59.15 324.50 46483 11/13/97 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES:LAND DEVEL 001-163-999-5220 334.54 46483 11/13/97 000320 TC~/NE CENTER STATIONERS OFFICE SUPPLIES:PN ADMIN 001-164-604-5220 43.05 377.59 46484 11/13/97 002107 TRANS-GENERAL LIFE INS. 002107 VL ADVAN 001-2510 223.25 46484 11/13/97 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 001-2510 168.40 VOUCHRE2 11/13/97 14:02 VOUCHER/ CHECK CHECK NUMBER DATE 46686 11/13/97 46686 11/13/97 46686 11/13/97 46486 11/13/97 46486 11/13/97 4648~ 11/13/97 4648~ 11/13/97 46484 11/13/97 4648~ 11/13/97 4648~ 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46485 11/13/97 46686 11/13/97 46686 11/13/97 46686 11/13/97 46686 11/13/97 46686 11/13/97 46486 11/13/97 46487 11/13/97 46688 11/13/97 46688 11/13/97 46688 11/13/97 46689 11/13/97 46489 11/13/97 46490 11/13/97 46490 11/13/97 46491 11/13/97 46491 11/13/97 46491 11/13/97 46491 11/13/97 46492 11/13/97 VENDOR NUMBER 002107 002107 002107 002107 0O21O7 002107 002107 002107 002107 002107 001065 001065 001065 001065 001065 001065 001065 001065 001065 001065 000389 000389 000389 000389 000389 000389 002396 000325 000325 000325 000524 000524 000332 000332 001342 001342 001342 001342 000345 VENDOR NAME TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. TRANS-GENERAL LIFE INS. U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (OEF. C U S C M /PEBSCO (OEF. C U S C M /PEBSCO (DEF. C U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S LONG DISTANCE, INC. UNITED gAY UNITED WAY UNITED WAY VAN TECH ENGINEERING, VAN TECH ENGINEERING, VANDORPE CHOU ASSOCIATI VANDORPE CHOU ASSOCIATI WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VL REVER 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 002107 VOL LIFE 001065 DEF COMP 001065 DEF CC~tP 001065 DEF COMP 001065 DEF COMP 001065 DEF CC~IP 001065 DEF COMP 001065 DEF COMP 001065 OEF CONP 001065 DEF COMP 001065 DEF COMP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR LONG DISTANCE TELECOH PROVIDER 000325 UW 000325 uw 000325 UW ORANGE VESTS FOR PW HAINT.CREW SALES TAX SEPT PLAN CHECK SERVICES OCT PLAN CHECK SERVICES MAINTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES - TCC MAINT SUPPLIES ' SENIOR CENTER MAINTENANCE SUPPLIES - CITY OCT LEASE OF 5021COPIER(CRC) ACCOUNT NUMBER 165-2510 190-2510 280-2510 340-2510 001-2510 001-2510 165-2510 190-2510 280-2510 340-2510 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 340-2160 320-199-999-5208 001-2120 165-2120 190-2120 001-164-601-5218 001-164-601-5218 001-162-999-5248 001-162-999-5248 190-182-999-5212 190-184-999-5212 190-181-999-5212 340-199-701-5212 190-182-999-5239 ITEM AMOUNT 5.51 39.85 5.49 4.00 223.25- 168.40 5.5O 39.85 5.50 4.00 3,623.78 181.50 1,553.01 .75 21.87 85.63 348.16 59.41 562.50 79.63 665.42 158.92 826.38 21.22 57.06 54.24 1,481.59 97.00 5.00 17.00 608.46 47.16 1,159.80 2,709.58 250.69 67.34 157.41 276.29 67.08 PAGE 10 CHECK AMOUNT 446.50 6,516.24 1,783.24 1,481.59 119.00 655.62 3,869.38 751.73 67.08 TOTAL CHECKS 160,067.55 VOUCHRE2 11/13/97 14:14 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 2 FUND TITLE 001 GENERAL FUND 280 REDEVELOPHENT AGENCY - CIP AHOUNT 372,723.76 4,131.00 TOTAL 37~,854.76 VOUCHRE2 11/13/97 VOUCHER/ CHECK NUMBER 46495 46496 46497 46497 46497 46497 46497 46497 46497 46498 46498 46498 46498 46498 46498 46498 46498 46498 46498 14:14 CHECK DATE 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 11/25/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 002695 002983 J A S PACIFIC CONSULTIN LOHR & ASSOCIATES, INC. MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES MORELANO & ASSOCIATES MORELAND & ASSOCIATES MORELAND & ASSOCIATES RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S 000437 000437 000437 000437 000437 000437 000437 OCT TEMP HELP:LEONARD, TRAXEL 001-162-999-5118 PROF SRVCS RE:PECHANGE CREEK 001-164-601-5403 OCT CITY AUDIT SERVICES 001-140-999-5248 OCT SINGLE AUDIT SERVICES 001-140-999-5248 OCT RDA AUDIT SERVICES 280-199-999-5248 AUDIT SERVS:OLD TWN MAINSTREET 280-199-999-5248 OCT CITY AUDIT SERVICES 001-140-999-5248 OCT SINGLE AUDIT SERVICES 001-140-999-5248 OCT RDA AUDIT SERVICES 280-199-999-5248 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 LAW ENFORCEMENT - SEPT 24, 97 001-170-999-5288 001-170-999-5299 001-170-999-5294 001-170-999-5289 001-170-999-5291 001-1230 001-170-999-5281 001-170-999-5282 001-170-999-5262 001-170-999-5279 8,523.10 11,486.54 4,058.75 1,000.00 1,000.00 3,631.00 1,000.00 500.00- 500.00- 231,319.58 36,031.40 9,027.20 5,009.60 8,196.16 8,196.16 22,960.70 2,766.60 18,827.13 4,820.84 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 8,523.10 11,486.54 9,689.75 347,155.37 TOTAL CHECKS 376,854.76 · ITEM 3 TO: FROM: DATE: SUBJECT: CITY ATTORNEY .,J~.. FINANCE DIRECTOR~-~ CITY MANAGER .y/~, II CITY OF TEMECULA AGENDA REPORT City Council/City Manager ~.11~~~--~ Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Release Labor and Materials Security for Public Improvements in Tract No. 21675-F. (Southwesterly of Intersection of Meadows Parkway at Rancho Vista Road) PREPARED BY:;~~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE the release of the Labor and Materials security for Public Improvements in Tract No 21675-F, and DIRECT the City Clerk to so advise the Developer and Sureties. BACKGROUND: On July 3, 1990, the City Council approved Tract No. 21675-6 and entered into agreements with: Mesa Homes (Now KI/FKLA Rancho Realty, LLC) 27555 Ynez Road, Suite 200 Temecula, CA 92591 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted by Lumbermens Mutual Casualty Company in the following amounts: 1. Bond No. 3S 740 912 00 in the amount of $511,500 to cover street improvements 2. Bond No. 3S 740 913 00 in the amount of $77,500 to cover water improvements. 3. Bond No. 3S 740 911 00 in the amount of $56,500 to cover sewer improvements. 4.. Bond No. 3S 740 910 00 In the amount of $15,000 to cover subdivision monumentation. 5, Bond No's. 3S 740 912 00, 3S 740 913 00, and 3S 740 911 00 in the amounts of $255, 750, $38,750, and $28,250, respectively, to cover materials and labor. R:~.GDRPT~97\1125\TR21675F. L&M On May 13, 1997, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction in the Faithful Performance security amount to the ten-percent warranty level as follows: Street: $51,150 Water: $ 7,750 Sewer: ~ 5.650 Total = $64,550 The Developer submitted substitute bonds for faithful performance warranty security and labor and materials. The bonds were posted by the Aetna Casualty & Surety Co. as follows: Faithful Performance Warranty Labor and Materials Bond No. 100869980-97-002 Bond No. 100869980-97-003 $ 64,550 $322,75O The Developer is required to post security for public improvement Labor and Materials to ensure that workers and suppliers are paid. A lien period opens with City Council acceptance of the public improvements. The contractual six-month lien period has run and the developer has requested the release of the labor and materials security. No claims having been filed against the developer for either labor or materials, Public Works Staff recommends release of this security as follows: Bond No. 100869980-97-003 in the amount of $322,750 for labor and materials. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 97-43. The streets within the subdivision accepted were Corte Montecito, Corte Positas, and a portion of Rancho Vista Road. That portion of Meadows Parkway within the tract boundary will not be accepted until such time as Communities Facilities District No. 88-3 and Assessment District No. 159 accept their phases of work. FISCAL IMPACT: None Attachments: Location Map R:\AGDRPT~97\1125\TR21675F. L&M VICINITY MAP -= a8'oo'57" I.,~ 0 0. 00 ' ZO ,49'4 '45"E - ~ FM. NO- E!~4 ~M.~. 144/Z4.33. (N$~*O/'47"E' IZ2&.$8') NOTE: MAPS NOT TO SCA!,~E ITEM 4 TO: FROM: DATE: SUBJECT: FINANCE DIRECTOI~,., CITY MANAGER J,~ JJ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Reduce Faithful Performance Securities to warranty level for Riverside County Flood Control District Storm Drains in Tracts No. 24131 through 24135 (Southeasterly of intersection of Margarita Road at Pauba Road) PREPARED BY: /~Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the reduction of Faithful Performance Bonds to the warranty level for Storm Drain Facilities constructed under Cooperative Agreement for Project No. 7-0- 0413 between Riverside County Flood Control and Water Conservation District (DISTRICT), the City of Temecula, and Bedford Development Company in Tracts No. 24131 through 24135, ACCEPT the Subdivision Warranty Bond and AUTHORIZE the release of the parent Faithful Performance Bond, and DIRECT the City Clerk to so notify the Developer, DISTRICT, and Surety. BACKGROUND: The City of Temecula (CITY) entered into Cooperative Agreement for Project No. 7-0-0413 (Paloma Del Sol/The Meadows) with the Riverside County Flood Control and Water Conservation District (DISTRICT), and Bedford Development Company (DEVELOPER), developers of Tracts No. 24131-24135, Incl., for the construction and maintenance of certain DEVELOPER- constructed DISTRICT-maintained storm drain facilities. This agreement was approved by City Council on August 14, 1990, and executed by Riverside County on August 28, 1990. Terms of this cooperative agreement required that the DEVELOPER submit bonds for Faithful Performance and Labor and Materials for the subject storm drain system, said bonds to be accepted and held by the CITY. These bonds were posted in behalf of the DEVELOPER by Lumbermens Mutual Casualty Company as follows: 1. Bond No. 3S 743 244 00 in the amount of $2,536,629 for Faithful Performance. 2. Bond No. 3S 743 244 O0 in the amount of $2,536,629 for Labor and Materials. The DISTRICT has accepted the work effective August 28, 1997, subject to a one-year warranty period from that date. R:~GDRPT~97~1125\PDSFLOOD.SDS Public Works Staff concurs with the DISTRICT in that the work has been satisfactorily completed and recommends the reduction in the Faithful Performance Bond amount to the ten- percent (10%) warranty level in accord with the cooperative Agreement for this project. The DEVELOPER has submitted the following Subdivision Warranty Bond which was posted by Travelers Casualty and Surety Company of America: Bond No. 100869980-97-009 for Faithful Performance Warranty $253,669 With acceptance of the Subdivision Warranty Bond as submitted, release of the following parent Faithful Performance Bond is recommended: Bond No. 3S 743 244 00 for Faithful Performance $2,536,629 The Labor and Material Bonds will be retained for a six-month lien period commencing with the DISTRICT's acceptance date of August 28, 1997. The CITY accepted certain offers for drainage easement made to the County of Riverside, and for storm drain and storm drainage easements made to the City of Temecula, and quitclaimed all City interests in these easements to the DISTRICT by Resolution No. 97-92 on August 26, 1997. Other similar conditions of the Cooperative Agreement have been met by CITY. FISCAL IMPACT: None Attachments: Location Map Subdivision Warranty Bond (on File) R:~.GDRFT\97~ 1125~PDSFLOOD.SDS :, ./ T.T. 24134 311 D.U. /~~'724132 214 D.U. · o , T.T. 24133 693 D.U. ~ 24135 325 D.U. Boundary VICINITY MAP RCFC &WCD Storm Drain system Paloma Dei Sol T.T. 24131 440 D.U. RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT STORM DRAIN SYSTEM IN PALOMA DEL SOL NOTE: MAPS NOT TO SCALE ITEM 5 TO: FROM: DATE: SUBJECT: CITY ATTORNEY CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Authorize Temporary Street Closures for Santa's Annual Christmas Lights Parade on December 4, 1997, and Delegate Authority to issue Special Events/Street Closures Permit to Director of Public Works/City Engineer. PREPARED BY: ~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 97-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM DEL RIO TO OVERLAND AVENUE FOR SANTA'S ELECTRIC LIGHTS PARADE ON DECEMBER 4, 1997, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. BACKGROUND: The Annual City-sponsored "Santa's Electric Lights Parade" necessitate temporary street closures to protect the participants and facilitate this event. The subject special event requires the closure of a portion of a major City highway and the streets abutting this highway for a period of several hours on December 4, 1997. Under Vehicular Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". R:~AGDR_PT~97~1125\TEMPSTCL.OSE The City Council adopted Resolution No. 91-96 on September 10, 1991. which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights of way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authority to temporarily close streets for these special events. The subject resolution delegates the authority to approve temporary street closures for the specific event-- the Temecula Community Services Department sponsored "Santa's Electric Lights Parade" for December 4, 1997, to the Director of Public Works/City Engineer. All other special events requiring temporary street closures, construction related closures, etc., shall remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. Some partial closures, such as limiting lane widths for construction purposes or partial closures for block parties on cul-de-sac streets only do not require full street closures. These and similar partial street closures or restrictions are not submitted for similar resolutions in order to reduce or eliminate the administrative impact on City Council and staff time. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. Attachment: Resolution No. 97- . Special Event Permit Application (for special event permit no. LD97-018SE.) R:\AGDRPT~9?~ 1125\TEMPSTCL.OSE RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM DEL RIO TO OVERLAND AVENUE FOR SANTA'S ELFI2TRIC LIGHTS PARADE ON DECEMBER 4, 1997, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WlIEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula sponsors the annual "Santa's Electric Lights Parade", for which such temporary street closures promote the safety and protection of persons using or proposing to use that street or streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets for this annual "Santa's Electric Lights Parade" on December 4, 1997; and, NOW, WHEREAS, the City Council desires to authorize the Director of Public Works/City Engineer to approve temporary street closures for annual "Santa's Electric Lights Parade", and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the Director of Public Works/City Engineer to permit temporary street closures for annual "Santa's Electric Lights Parade" on December 4, 1997, and affmns the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSEB, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 25th day of November, 1997. Patricia H. Birdsall, Mayor R:LAGDRFr~97\ 1125\TEMPSTCL.OSE ATEEST: June S. Greek, 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 25th day of November, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Streets to be closed for "Santa's Electric Lights Parade" !?~/////////~ "Santa's Electric Lights Parade" Street Closures NOTE: MAP NOT TO SCALE CITY OF TEMECULA SPECIAL EVENT PERMIT APPLICATION TO BE HELD ON PUBLIC STREETS, HIGHWAYS, SIDEWALKS, OR PUBLIC RIGHTS-OF-WAY APPLICANT'S NAME AND ADDRESS: Cirv nf T~m~q,,!_m_ _ Community .q~rvic,.~ Dmpm'rt'mon~' 43200 Business Park Driv~ . , NUMBER OF ANTICIPATED PARTICIPANTS: 3;000 Pnrt~ci?ants and 20,000 Spectators PURPOSE OF EVENT: Rmnta~s El~r~ T.~ghr~ PnrnH~ - Tn prnv~H~ hnl~dny ~n~rr~nm~n~ FOr the COmm'~nity . DATE, HOURS, PRECISE LOCATION OF EVENT: Thursday, December 4, 1997 Event on JefSerson Avenue from Del Rio to Overland Drive Event to be~in at 7:~fi p.m_ ~rr~r cln~,,r~ to take place nt ~ppro~mgte!y 6'00 p.m. , FEES TO BE CHARGED BY PERMITTEE: None TYPE & NATURE OF VEHICLES, EQUIPMENT, ETC.: Parade vehicles , . . SOUND SYSTEMS -- NUMBER AND AMPLIFICATION RANGE: Two announcement areas. ~Sound s~ystem to be installed on Wednesday~ December 3, 1997 by Mornlngstar Prnd,c~ion.~ . TYPE OF GOODS/SERVICES TO BE SOLD/PROVIDED: There should not be vendors selling any products on the streets 9. VENDORS/NAME AND BUSINESS ADDRESS: 10. SECURITY PLAN FOR EVENT: To be provided by the Temecula Police Department THE APPLICANT HEREBY STATES THAT THE ABOVE INFORMATION IS ACCURATE UNDER PENALTY OF PERJURY. THE APPLICANT AGREES TO FULLY COMPENSATE THE CITY OF TEMECULA FOR ANY DAMAGE TO PUBLIC PROPERTY, AS WELL AS TO CLEAN AND OTHERWISE RESTORE THE EVENT SITE TO THE CONDITION IN WHICH IT EXISTED PRIOR TO THE CONDUCT OF THE EVENT. PRINT ~'PPLICAt~'~/AGENT NAME FOR CITY STAFF USE ONLY: I I 1. 2. 3. 4. 5. 6. APPLICATION FEE AMOUNT: SPECIAL EVENT MAJOR SPECIAL EVENT MEET/CONFER WITH TRANSPORTATION DIVISION INSURANCE CERTIFICATE REQUIRED TRAFFIC CONTROL PLAN/TRAFFIC STUDY REQUIRED APPL~ANTIAGENt'~GNATURE AND IE~ATI~ PAID: RECEIPT//: [] [] [] [] 0 pwO l\forms\permits~specevnt.app 092091 , . ITEM 6 CITY ATTORNEY ~ FINANCE DIRECTO~.~ CITY MANAGER ~ II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Release Labor and Materials Securities for Public Improvements in Tract No. 21675-6. (Southwesterly of Intersection of Meadows Parkway at Rancho Vista Road) PREPARED BY:/~ Ronald J. Parks, Principal Engineer- Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE the release of the Labor and Materials securities for Public Improvements in Tract No 21675-6, and DIRECT the City Clerk to so advise the Developer and Sureties. BACKGROUND: On July 3, 1990, the City Council approved Tract No. 21675-6 and entered into agreements with: Mesa Homes (Now KI/FKLA Rancho Realty, LLC) 27555 Ynez Road, Suite 200 Temecula, CA 92591 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted by Lumbermen Mutual Casualty Company in the following amounts: · . . .. o Bond No. S 687 505 00 in the amount of $241,000 to cover street improvements Bond No. S 687 506 O0 in the amount of $38,000 to cover water improvements. Bond No. S 687 507 00 in the amount of $46,000 to cover sewer improvements· Bond No. S 687 508 00 In the amount of $12,000 to cover subdivision monumentation. Bonds No. S 687 505 00, S 687 506 00, and S 687 507 00 in the amounts of $120,000, $19,500, and $46,000, respectively, to cover materials and labor. R:\AGDRPT~97\1125\TR216756. L&M On December 17, 1991, the City Council authorized reduction in faithful performance bond amounts consistent with the work completed and providing ten-percent (10%) warranty provisions. The faithful performance bond amounts retained were as follows: Streets: $98,000 Water: $ 7,600 Sewer: $ 9,200 On May 13, 1997, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized reduction in the Faithful Performance security amount to the ten-percent (10%) warranty level as follows: Street: $24,100 Water: $ 3,800 Sewer: $ 4.600 Total= $32,500 The Developer submitted substitute bonds for faithful performance warranty security and labor and materials. The bonds were posted by the Aetna Casualty & Surety Co. as follows: Faithful Performance Warranty Labor and Materials Bond No. 100869980-97-004 Bond No. 100869980-97-005 $ 32,500 $162,500 The developer is required to post securities for public improvement Labor and Materials to ensure that workers and suppliers are paid. A lien period opens with City Council acceptance of these improvements. The contractual six-month lien period has run and the developer has requested release of the labor and materials security. No claims having been filed against the developer for either labor or materials, Public Works Staff recommends release of this security as follows: Bond No. 100869980-97-005 in the amount of $162,500 for labor and materials. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 97-43. The streets within the subdivision accepted were Corte Rosario and Calle Santa Ana. FISCAL IMPACT: None Attachments: Location Map R:~.GDRPT~97\1125\TR216756. L&M VICINITY MAP_ R,~. ,re z1884, P. M.B, /44/ ,?. 4 - $.,q. T[2,4CT NO. 'Z'Z 71G TI2..,4CT NO M. 8. '~O~/ Z8 -,~, Tract No. 21675-6 NOTE: MAPS NOT TO SCALE ITEM 7 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Release Faithful Performance Warranty security in Tract No. 23267-4 (Southwesterly of Margarita Road at Highway 79 (S)) PREPARED BY: ~/~Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of Faithful Performance Warranty security for Street, Water and Sewer improvements, and DIRECT the City Clerk to so notify the Developer and Surety. BACKGROUND: On December 10, 1991, the City Council entered into subdivision agreements with: The Presley Companies 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation in Tract No. 23267-4. Original bonds were posted by the American Motorists Insurance Company. On September 14, 1993, the City Council accepted substitute bonds furnished by The American Insurance Company as follows: .~ Substitute Bond No. Amount Streets 111 2720 2809 $327,000 Water System 111 2720 2809 130,500 Sewer System 111 2720 2809 76.500 Total = $534,000 Survey Monuments 111 2716 9941 $ 11,650 On August 23, 1994, the City Council accepted the street, water and sewer improvements authorized reduction in Faithful Performance bond amounts, accepted the subdivision warranty bond rider, and initiated the one-year warranty period. R:~AGDRV~9?~1125\TR232674.FNL The developer was also required to post Labor and Material bonds to ensure payment to suppliers and workers. As no claims had been posted against the developer for either labor or materials, the City Council authorized release of these securities on February 28,1995. The Subdivision Monumentation securities were also released on February 28, 1995. Public Works Staff has reviewed the project and all necessary repairs/replacements have been satisfactorily completed. Public Works Staff therefore recommends the release of the Faithful Performance warranty security as follows: Street, Water, Sewer Improvements Warranty: Bond No. 111 2720 2809 $53,400 The affected streets were accepted into the City maintained street system by City Council Resolution No. 94-87. The streets within the subdivision are Via Poquito, and a portion of Avenida De Missions, Corte Veranos, and Calle Los Padres. FISCAL IMPACT: None Attachment: Location Map R:\AGDRFr~97\1125\TR232674.FIqL STATE HIGHWAY 79 AVENIDA DE MIsStONS Proieet ~ite ITEM 8 TO: FROM: DATE: SUBJECT: CITY ATTORNEY FINANCE DIRECTOF[~4- II CITY MANAGER .,~'~' II CITY OF TEMECULA AGENDA REPORT City Council/City Manager - Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Release Faithful Performance Warranty and Labor and Materials securities in Tract No. 23267-F. (Southwesterly of Margarita Road at Highway 79 (S)) PREPARED BY:~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of the Faithful Performance Warranty and Labor and Materials securities for the public street, and water and sewer system improvements in Tract No. 23267-F, and DIRECT the City Clerk to so notify the Developer and Surety. BACKGROUND: On May 26, 1992, the City Council entered into Subdivision Improvement Agreement with: The Presley Companies, a California Corporation 15010 Avenue of Science, Suite 201 San Diego, CA 92128 For the improvement of streets, installation of sewer and water systems, and subdivision monumentation in Tract No. 23267-F. Accompanying the subdivision agreement were bonds posted by The American Motorists Insurance Company as follows: I . Bond No. 111 4145 9187 in the amount of $2,286,000 ($1,837,500, $249,500, and $199,000, respectively) for street, water, and sewer improvements for faithful performance. . Bond No. 111 4145 9187 in the amount of $1,143,500 ($919,000, $125,000, and $99,500, respectively) for street, water, and sewer improvements labor and materials. , Bond No. 111 4145 9195 in the amount of $36,190 to cover subdivision monumentation. R:~AGDRF~96\0910\TR23267F.ACC On September 10, 1996, the City Council accepted the public improvements, initiated the one- year warranty period, and authorized reduction in Faithful Performance Securities to the ten- percent (10%) warranty level as follows: Street, Water, and Sewer Improvements: Bond No. 111 4145 9187 $228,600 The subdivision monumentation requirements were later satisfactorily completed and City Council authorized release of these securities on November 12, 1996. Public Works Staff has reviewed the project and all necessary repairs/replacements have been completed. Therefore, Public Works Staff recommends the release of the Faithful Performance Warranty as follows: Street, Water and Sewer Improvements: Bond No. 111 4145 9187 $228,600 Labor and Materials securities were required of the developer to ensure that suppliers of labor and materials were paid. No claims having been made against the developer for either labor or materials, Staff recommends the release of the following Labor and Materials security: Street, Water and Sewer Improvements: Bond No. 111 4145 9187 $1,143,500 The affected streets were accepted into the City maintained street system by City Council Resolution No. 96-114. The streets within the subdivision accepted were Via Santa Ines, Via Lucido, Corte San Gabriel, Corte Capistrano, Corte Taquito, and portions of Calle Los Padres, Corte Veranos, Avenida de Missions, and Via Rio Temecula. FISCAL IMPACT: None. Attachment: Location Map R:~a~GDRF~96\0910\TR23267F.ACC STATE LOS VIA LOT 'C' S.4NTA pAM~.S LOT '~= TEMEcu~.A PRO~CT SITE: v,,iC JNITY IW~a,P TRACT NO. 23267-F l~ocation Map NOTE: MAPS NOT TO SCALE ITEM 9 CITY ATTORNEY FINANCE DIREC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Tract Map No. 25892, Located on the South side of Pauba Road between Ynez Road and Margarita Road PREPARED BY: ~ Ronald J. Parks, Principal Engineer- Land Development Gerald L. Alegria, Assistant Engineer RECOMMENDATION: That the City Council approve Tract Map No. 25892 in conformance with the Conditions of Approval. BACKGROUND: Tentative Tract Map No. 25892, was approved by the City of Temecula Planning Commission on November 26, 1991. The Developers, Richard Lin, Ary Lin, Chunghsin Wang and Chong Shu Wang have met all of the Conditions of Approval. Tract Map No. 25892 is a thirty two (32) lot single family residential subdivision, of 17.0 net acres, located on the South side of Pauba Road between Ynez Road and Margarita Road. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 25892: Public Facilities Development Impact Fee Area Drainage Plan FISCAL IMPACT: Due prior to issuance of a building permit Due prior to issuance of grading or building permit None Attachments: , 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Tract Map No. 25892 r:\agdrpt\97\1126\tr26892.fnl/~a CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tract Map No. 25892 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of grading or building permit To be paid prior to issuance of building permit Quimby Park Fees Paid $39,600 r:\agdrpt\97\1126\tr26892.fnl/ja CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 25892 DATE: November 25, 1997 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 554,000 $ 277,000 Water $ 74,000 $ 37,000 Sewer $ 231,000 $ 115,500 Monument $ 5,000 $ 0 TOTAL $ 864,000 $ 859,000 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee $ 0.00 $ T.B.D.*** $ T.B.D.*** SERVICE FEES Planning Fee Comprehensive Transportation Plan Tract Map Plan Check Fees Paid to Date Balance of Fees Due $ 136.00 $ 8.00 $ 1450.00 $ 1,594.00 $ 0.00 *** T.B.D. - To Be Determined r:\egdrpt\97\1126\tr26892.fnl/ja NUH~g14' OF L4:)I~ 3~ NUffS¢.~ OFrL~rr~£O L07'~3 AC~gAC.~INLOP5 (N£T)I~.O3Ac. ,4C~P. AGgINL~TTEI~gO LOP5Z. 97 AC. TOTAL4C.~,g4c.,g (GEO--)ZORO ~:. IN THE, OTY 01r TIJ~It. CULA, COUNTY Of ~ STATE Of' CALIFOI~Ii& T ^CT No.£§ 92 KJ~ & ~MS~I oIr II)Ad~gl~ I AHO Z OIr PAdtC~ ~ NO. ~01~,, (~1FLt, Bi eOOr, I~0 PAG~ 40ANO O'TtlLL&Y ~ CXIItlKl~.AIIO14 ~ 1667 OOUNIY Of .... ) OH, ......... ~ He ..................~Y IICIIA~O UN .MO JIIY l~. PtI~O~U.Y I, NOMI TO Idl 0l PIWW. O TO fll ON 1Ht 8~15 ~ ~TI~,~'TM'Y IVIOOI~. TO K !1~ ~ MC~. Nff115 A~. ~de~Clleto TO I~. ~qTHI( (InN ~ ~OP~ ~c~ o~ ~ ~ ~_ ..............COUP. ) ~¥ tHO~ TO HI ~/ TO Pit ~ THEY ~ 'IHI. ~q, Hg t4 II~:M!)eO JUII& ~, 16Z2. II eoo(. ~71 pA~. i,~7 01' 0c1~)6 P.b:~:xw6 01, lilytimico& c(xJ41Y. C~UlrO~:I'IA. 5AIO. ~ ~ Z3, ICySI IN 60Or, 123~ P~ 6~ O1' o(qqcl~ ~ 0f ~ C04JNTY. CALgr(]fJdK CItY ~ $t~TrJ40tt: I W. Ilt~¥ STATE TI, IAT ~ I,IAP CON~11N~ 01r fOUi~ (4J 5H&!l'~ HA5 et. lN ~ 6¥ I'IE 011 J If/ 5UFfJD45~ Aid) ~ TO II 9J~)TN411~Y 1HI ~W'11 A5 IT ~ 011 ~ TI~ATYaI' It~° OIIr TilACT G~T~) T!~ .....Gt~Y Of __. 1997 I~ ~ 0ULY ~ BY ~ OF' 5b,-~,,~,..~t5.~,,"~ A ~ ~CK~) ~ K P~r..PMtO SY 510 Qr. of~ 14C. ON K 30, 1~7 ~.J3tJIIE~.O 6Y HrJLIH ,/ 0% 6 O~ 01 91 // ITEM 10 CITY ATTORNEY FINANCE DIRECT(~~~ CITY MANAGER . TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Mayor and City Council Members Ronald E. Bradley, City Manager November 25, 1997 Communications Tower Lease Agreement PREPARED BY: Grant M. Yates, Assistant to the City Manager RECOMMENDATION: That the City Council approve the Communications Tower Lease Agreement with ComSites USA, Inc. BACKGROUND: The City was recently granted a FCC license for operating an emergency communication frequency. In order to ensure that the City has a primary and backup system in place, two locations have been identified and equipment has been placed at both locations. The primary location is the KRTM radio tower site located in the hills southwest of Temecula. The backup site is the Parkview Fire Station #84. A lease is required for the KRTM location. The lease terms call for an annual fee of $4,500. This lease will allow the City to locate an eight foot by eight foot (8' x 8') communication building which houses City and Fire transmitting equipment. Staff has researched this lease payment amount and found that a common payment for this type of lease is in the $6,000 to $7,500 range. FISCAL IMPACT: Funds are available in the Information Systems Internal Service Fund for this lease payment. ATTACHMENTS: 1. Communications Site Lease Agreement R:~BRADLEY~AGENDA\COMTOWEP,_AGM COMMUNICATIONS SITE L..E. ASE AGREEMENT (TOWER) This Lease ("Lease") is entered into by and between Temecula Tower Investors, LLC, a California limited liability company CTTI"), and The City of Temecula ("Tenant"), on this 25th day of blovember .,1997. 1. Property and Premises. TTI owns that certain real property, and improvements thereon located at 30025 and 30113 Front Street, Temecula, Califomia and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference as though fully set forth at length ("Property"). TTI wishes to lease to Tenant certain space on the Communications Tower ("Tower Space") located on the Property, and land area to house its communications equipment ("Building Space") and that area where Tenant's conduits, wires, cables, cable trays and other necessary connections (collectively, the "Connections") are located. The Tower Space, Building Space, and location of the Connections are hereinafter collectively referred to as the "Premises" as shown in the diagram in Exhibit "B" and generally described as follows: The Property, which is the subject of this Agreement is contained within TTI's Property, consists of approximately one hundred twenty (120) square feet, is more specifically described as ten (10) foot by twelve (12) foot parcel of land. The Tower Space which is the subject of this Agreement is located on the Tower located on TTI's Property. The Property, the Tower Space and the Easement Areas (as defined in Paragraph 9 below) are situated substantially as shown on Exhibit "B" attached hereto and by this reference incorporated herein. The Property, the Tower Space and the Easement Axeas shall hereinafter collectively be referred to as the "Facility". TTI and Tenant hereby agree that the Facility may be surveyed by a licensed surveyor at the sole cost of Tenant, and such survey shall then replace Exhibit "B" and become a part hereof and shall control to describe the Facility in the event of any discrepancy between such survey and the description contained in this Paragraph I above. 2.. Use of Premises. Tenant shall use the Premises for the purpose of operating and maintaining a telecommunications facility including, but not limited to installing, operating and maintaining antennas, transmitting stations and related equipment and cables. TTI agrees that . Tenant shall have the right to install antennas, connections, shelters and other necessary equipment and systems (hereinafter collectively referred to as "Standardized Communication Facilities") on the Premises. Tenant shall use the Premises solely for the purpose set forth in this Section. TTI agrees to cooperate with Tenant in making application for and obtaining, and at Tenant's sole expense, all licenses, permits and any other necessary approvals that may be required for Tenant's use of the Premises. Tenant agrees to reimburse TTI for all necessary costs and expenses that TTI may incur. Tenant shall have non-exclusive use of and access to the Premises to the same extent as TTI has. The Premises constitute the "common area" of Tenant 1 F:\DOCS\051 O\07~DOC S\mc 110571 -Temecula Lease. doc and other tenants for installation of communication facilities. However, Tenant shall have exclusive ownership and use of its own Standardized Communication Facilities. 3.1 The initial term ("Initial Term") of this Lease shall commence on the date of execution of this Lease by the party to sign last in time, ("Lease Commencement Date") and terminate on the day before the tenth (10th) annual anniversary of the "Rent Commencement Date" (defined below). 3.2 As long as Tenant is not in default of any provision of this Lease, Tenant shall have the right, to be exercised in Tenant's sole discretion, to extend the Term for two (2) additional successive five (5) year terms ("Renewal Terms"). The Renewal Terms shall, subject to the provisions of Section 4 below, be on the same terms and conditions as set forth herein. This Lease shall automatically be renewed for each Renewal Term unless Tenant notifies TTI in writing, not less than ninety (90) days prior to the expiration of the Initial Term or a Renewal Term (collectively referred to as "Term"), as the case may be, then in effect, of Tenant's intention not to renew. 4. Ken.t. 4.1 Tenant shall pay base annual rent ("Base Rent") in advance to TTI for the Premises beginning on the Rent Commencement Date in an amount equal to Forty-Five Hundred Dollars ($4,500) per year. Tenant shall deliver a check to TTI in the amount of Forty-Five Hundred Dollars ($4,500), which represents advance payment of the first year's Base Rent. 4.2 For purposes of this Lease, the term "Rent Commencement Date" shall mean the same as the Lease Commencement Date. 4.3 Rent Adjustment. 4.3.1 The parties agree that Base Rent shall be adjusted as of May 1, 2002 and as of the first day of each option period described herein which may be exercised by Lessee ("Adjustment Date"). Such adjustments may result in the Base Rent being either increased or decreased; provided, however, that in no event shall the Base Rent be lower than the Base Rent in effect for the year prior to May 1, 1997. Rent Adjustments shall be made as follows: 4.3.2 The basis for computing each such adjustment (the "Base Index") shall be the Consumer Price Index (base year 1982-84 = 100) - Urban Wage Earners and Clerical Workers- Los Angeles, Anaheim, Riverside (the "Index"), published by the United States Department of Labor, Bureau of Labor Statistics most recently prior to the prior Adjustment Date (or most recently prior to May 1, 1997, in the case of the first Adjustment Date). 2 F :\DOC S\0510\07~DOC S\mc 110571 -TemeculaLease.doc 4.4 Upon the termination of this Lease, the Base Rent shall be prorated as of the date of the termination and all prepaid Rent, if any, shall be refunded to Tenant. 5. Utilities. If electricity is unavailable to the Premises, Tenant shall have the right to install a separate service to the Property, provided that Tenant shall pay for all costs entailed in bringing the electricity to the site of its telecommunications facility. 6. Taxes. TTI agrees to pay all real and personal property taxes assessed against the Property, the Premises and any access way thereto, excepting any personal property taxes that may be assessed by reason of the erection by Tenant of its telecommunications facility, which Tenant shall pay; provided however, that Tenant shall be notified promptly of any taxes for which it is charged so that it may appear before the taxing authority to contest such assessments. 7. Tenant's Property. Any structures, improvements, equipment, antennae, cables or other items constructed or installed by Tenant shall be and remain the personal property of Tenant, notwithstanding the fact that some of such items may be attached to the Premises and/or the Property and regardless of whether or not same is deemed real or personal property under applicable law, and TTI hereby waives any and all lien rights it may have, statutory or otherwise, in such property. Further, if Tenant is not in default of any provision of this Lease, TTI hereby grants to Tenant the right to remove any or all of such property, from time to time, at Tenant's sole discretion and without TTI's consent. 8. Access. TTI agrees that Tenant, its representatives and designees shall have the right to enter the Premises, and so much of the Property as is necessary to access the Premises, twenty- four hours a day, seven days a week, three hundred sixty-five days a year, although Tenant will attempt to limit its activities to the hours of 7:00 A.M. to 7.00 P.M. to the extent possible, for the purpose of ingress, egress, installation, maintenance and operation of the Standardized Communication Facilities and any associated utilities. Tenant reserves the right to install reasonable security measures to protect its Standardized Communication Facilities, however, such measures will not restrict access for other sub-tenants, if any, to their Standardized Communication Facilities. Tenant agrees to take, at its own expense, all measures and precautions which it believes reasonably necessary to render its equipment inaccessible to unauthorized persons. 9. Right of Way. 9.1 Tenant shall have the nonexclusive right of ingress and egress to and from the . Premises over and across the Property and shall have an access way from the nearest public street and driveway for personnel and equipment provided Tenant does not interfere with the exclusive right of a prior in time encumbrance of the property or prior possessors of the property, if any. Tenant shall also have a nonexclusive right of way over and across the Property as necessary for the installation, running, servicing and maintenance of electrical power facilities and other utilities necessary to service Tenant's telecommunications facility. 3 F:\DOCS\0510\07\DOC S\rnc 110571 -Temecula Lease.doc 9.2 Tenant shall have irrevocable, non-exclusive right (during the term of this Agreement) for ingress and egress to and from the Facility (seven [7] days a week, twenty-four [24] hours a day) and the irrevocable, non-exclusive right to install and maintain utility and communications wires, cables, conduits, antennae, and pipes: 9.2.1. over, under and along a thirty (30) foot wide dynamic right-of-way extending from the Property to the nearest public right-of-way; and 9.2.2 over, under and along a five (5) foot wide dynamic right-of-way extending from the Property to the Tower, and in and/or along the Tower as required to connect utility and communications cables from the Property up the antenna system located on the Tower Space. The easements referred to in subparagraphs 9.1 and 9.2 above shall hereinafter collectively be referred to as the "Easement Areas". 9.3 Should Tenant be unable to secure utility services or effect a utility connection between the Property and the Tower Space via the Easement Areas, or should Tenant determine, in its sole discretion, that ingress or egress is unsuitable for Tenant's purposes, TTI agrees to grant to Tenant additional utility and/or access rights-of-way as may be required to make the Facility usable for its intended purposes. 9.4 Tenant shall have the right, but not the obligation, from time to time to maintain, or cause others to maintain, the Easement Areas and perform any work on any portion of the Easement Areas and the real property adjacent thereto as shall be necessary to protect the Easement Areas and other rights hereunder. TTI shall provide Tenant with access to the Facility at all times, and Tenant shall have the right to use any and all means which Tenant may deem proper to gain access to the Facility, and any such entry obtained by Tenant shall not be construed to be a forcible or unlawful entry onto TTI's Property or any portion of the Facility. 9.5 TTI hereby grants to any utility company from time to time serving Tenant the right to use the Easement Areas throughout the term of this Agreement for the purpose of constructing, using, maintaining, operating, altering, adding to, repairing, replacing, reconstructing, inspecting and removing aerial and underground electrical supply systems and communication systems, consisting, where aerial, of aerial wires and cables with associated poles, cross arms, anchors and guys, and where underground, of wires, underground conduits, cables, vaults, manholes and handholes (together with above-ground enclosures, markers and concrete pads), and in either case such other appurtenant fixtures, structures and equipment, above or below ground, as are necessary, useful or desirable for distributing electrical energy or for transmitting intelligence by electrical, radiowave, microwave or other means in, on, over, under, across and along the Easement Areas. 9.6 Tenant shall have the right to enter into one or more contracts, including without limitation, a contract with one or more electrical, water, gas and utility companies, and/or one or more governmental entities, to allow third parties to install, construct, maintain, repair and/or remove structures and equipment on the Easement Areas in connection with the uses permitted hereunder. TTI hereby agrees to execute any consents and other documents which Tenant may 4 F :\DOCS\0510\07~D OC S\mc 110571 -TemeculaLease.doc reasonably require from TTI from time to time with respect to said contracts and/or assignments within ten (10) days following Tenant's request to TTI; provided, however, that said contracts and/or assignments shall not expand the size of the Easement Areas or the scope of the uses permitted hereunder. 10. Interference. 10.1 Tenant's installation, maintenance and operation of Tenant's telecommunications facility shall not (i) interfere with TTI's operation of the Property or the right of any other possessor of the Property (ii) cause radio or television interference to any tenant of the Property or (iii) cause signal interference to any radio communication equipment operating on the Property, provided that such radio communication equipment was installed by TTI or any of TTI's tenants prior to the Lease Commencement Date. In the event any such interference is caused by Tenant, Tenant shall, at its own expense, provide and install any filters, isolation traps, labor and/or other equipment necessary to eliminate such interference or otherwise resolve the problem. 10.2 As of the Lease Commencement Date, and throughout the term of this Lease, as extended, Tenant shall not install any additional radio communication systems on the Premises which cause signal interference with TTI's radio transmitting and receiving operations on the Property, or license or permit. others to do so. Should any such interference be encountered in TTI's operation of its telecommunications facility as a result of City of Temecula's or a third party's subsequent installation, City of Temecula shall cause said interference to be eliminated in a timely manner. If such interference cannot be eliminated within ten (10) days from written notice of such interference to Tenant by TTI, the parties acknowledge that such Interference will cause irreparable injury to TTI and TTI shall have the right, in addition to any other rights that TTI may have at law or equity, to 'terminate this Lease or to bring an action to enjoin such interference. Any such termination shall be effective on the expiration of the ten (I 0) day notice period. 11. Condition of Premises. TTI shall furnish the Premises and any access way to Tenant in "AS IS" condition. Tenant shall be responsible for maintenance of the Premises, and upon termination of this Lease, Tenant shall surrender the Premises and access way in substantially the same condition in which it was received, except for ordinary wear and tear, or damages to the Premises due to causes beyond Tenant's control. 12. Damage or Destruction. 12.1 In the event of any material damage to or destruction of any part of the Premises, any access way or any equipment, structures or other parts of the Premises, by fire, earthquake, act of God, the elements or other casualty, Tenant shall, subject to the provisions of this Section, promptly repair the damage, if such repairs can, in TTI's opinion, be completed within ninety (90) days. If Tenant determines that repairs can be completed within ninety (90) days, this Lease shall remain in full force and effect, except that Rent shall be abated to the extent Tenant's use of the Premises is impaired, commencing with the date of damage and continuing until completion 5 F :\DOC S\0510\07~DOC S\mc 110571 -Temecula Lease.doc of the required repairs. If Tenant determines that such repairs cannot be completed within ninety (90) days, then this Lease shall terminate, effective the date of such damage or destruction, unless TTI and Tenant agree to continue this Lease, Tenant shall be obligated only to return the Premises to their condition on the date of the execution of this Lease. 12.2 Notwithstanding, Section 12.1 above, in the event that the Property, and/or improvements thereon, is damaged or destroyed to the extent of more than one-third (1/3) of its replacement cost and by a casualty not covered by insurance, Tenant may elect, by written notice to TTI given within thirty (30) days after the occurrence of the casualty, not to repair, restore and/or reconstruct the Property and/or improvements thereon, in which event this Lease shall terminate, effective as of the date of such damage or destruction. 12.3 Notwithstanding Sections 12.1 and 12.2 above, if the damage or destruction occurs within six (6) months of the expiration of the term of this Lease, as extended, then this Lease may be terminated by either party upon written notice to the other, effective as of the date of the damage or destruction. 13. Condemnation. 13.1 In the event that any public or quasi-public authority under a power of condemnation or eminent domain takes any part of the Premises or any access way required by Tenant for the conduct of its telecommunications facility, this Lease shall terminate as of the date title to the vests in the condemning authority. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of that power shall be deemed a taking by condemnation. 13.2 Tenant may only claim and recover from the condemning authority an award for Tenant's moving expenses, business dislocation damages, Tenant's personal property and fixtures, lost income and the unamortized costs of leasehold improvements paid for by Tenant, and all other awards shall be the sole property of TTI. 14. Governmental Ban. If at any time during this Lease or any extension thereof, any governmental or other agency having jurisdiction bans or materially restricts the use or maintenance of the antennae or other electronic equipment and facilities constructed and operated by Tenant, then TTI shall, upon the giving of thirty (30) days written notice to Tenant, have the option to terminate this Lease, which termination shall be effective upon the expiration of such thirty (30) day notice period. Tenant may claim and recover from the agency effecting the ban, specific damages. 15. Liability and Indemnification. 15.1 Tenant shall indemnify and hold TTI harmless from and against any loss, liability, cost or expense, including without limitation, TTI's reasonable attorneys fees and other costs of defense in any judicial or administrative proceeding, for any claim which may be incurred or sustained by TTI as a result of the installation, operation and/or removal of Tenant's 6 F :~DOC S\0510\07~DOC S\mc 110571 -TemeculaLease.doc telecommunications facility, to the extent such loss, liability, cost, or expense is caused by the acts or omissions of Tenant, its employees, contractors or agents, and is not caused by the negligence of TTI, its employees, contractors or agents. 15.2 TTI shall indemnify and hold Tenant harmless from and against any loss, liability, cost or expense, including without limitation, Tenant's reasonable attorneys fees and other costs of defense in any judicial or administrative proceeding, for any claim which may be incurred or sustained by Tenant as a result of TTI's use of the Property, or from the operation of the Property or any business thereon or from any activity performed, or permitted to be performed in or about the Premises and/or the Property, to the extent such loss, liability, cost, or expense is not caused by the negligence of Tenant, its employees, contractors or agents. 16. Insurance. Ter/ant agrees to maintain in force throughout the term hereof, at Tenant's sole cost and expense, a general comprehensive insurance policy, with single limit coverage of liability in the amount of One Million Dollars ($1,000,000) insuring against any claim for damage for bodily injury, death or property damage arising out of Tenant's use or occupancy of the Premises. A certificate evidencing such coverage shall be famished to TTI, upon ten- (10) days written request from TTI. 17. Peaceful Possession. Tenant shall be entitled to quiet enjoyment of the Premises and TTI shall not permit its tenants,. licensees, invitees or agents to interfere in any way with the operations of Tenant and Tenant's telecommunications facility. 18. Mutual Waiver of Subrogation. Tenant hereby agrees not to assign to any insurance company the right to or cause of action for damage to the property of Tenant located on the Premises and/or the Property which Tenant now has or may have in the future against TTI during the term of the Lease, as extended, and expressly waives all right of subrogation for such damage. TTI hereby agrees not to assign to any insurance company the right to or cause of action for damage to the property of TTI located on the Premises and/or the Property which TTI now has or may have in the future against Tenant during the term of the Lease, as extended, and expressly waives all right of subrogation for such damage. It is specifically understood that this Section shall apply only where such insurance allows the insured to enter into an agreement waiving subrogation rights and this Section shall apply only with respect to insured loss for the property covered by such insurance policies. 19. Termination. 19.1 In addition to other events permitting termination hereunder, this Lease may be terminated, without any penalty or further liability, as follows: 19.1.1 By either party, upon a breach or default of any covenant or term hereof, either express or implied, by the other party, which breach or default is not cured within thirty (30) days of receipt of written notice, provided that if cure is commenced within said thirty (30) day period and thereafter diligently prosecuted to completion, such period shall be extended, and 7 F:\DOCS\0510\07~DOCS\mc110571-TemeculaLease.doc provided that the grace period for any monetary default shall be ten (10) days from receipt of written notice thereof; 19.1.2 By TTI, upon thirty (30) days prior written notice to Tenant in the event of a Default (as defined in Section 20) by Tenant; 19.1.3 By Tenant, upon thirty (30) days prior written notice to TTI, in the event that the Premises become technologically unsuitable, in Tenant's opinion, for the conduct of Tenant's telecommunications facility, including but not limited to incurable radio interference and any addition, alteration or new construction on, adjacent to or in the vicinity of the Premises and/or the Property that blocks, either partially or totally, transmission or receiving paths; 19.1.4 By Tenant, upon thirty (30) days prior written notice to TTI, in the event that any permit, license variance or similar item which Tenant considers to be necessary for the successful operation of its telecommunications facility is not, in Tenant's sole discretion, reasonably obtainable or maintainable in the future; and 19.2 Effective as of the date of termination, whether pursuant to this or other Sections of this Lease, this Lease shall be of no further force or effect and each party shall be released from all of future obligations hereunder. However, all liabilities as obligations incurred prior to the date of termination shall remain in effect. 20. Default. The occurrence of any one or more of the events set forth in this Section shall constitute a material Default and breach of this Lease by Tenant: 20.1 The failure of Tenant to make any payment of Rent as and when due, where such failure continues for a period of ten (10) days after written notice from TTI; 20.2 The abandonment or vacation of the Premises by Tenant. 21. Assignment. Tenant shall not assign this Lease without the prior written consent of TTI, which consent shall not be unreasonably withheld; provided however that Tenant shall have the right to assign this Lease without the consent of TTI to any parent, subsidiary or affiliate of Tenant, or to another governmental entity, or to any person or entity which is controlled by or under common control with Tenant, or any corporation into which Tenant may be merged or consolidated or which purchases all or substantially all of the assets of Tenant, Tenant shall have the right, without the consent of TTI, to grant to its supplier of telecommunications equipment and/or secured lender of long-term borrowed money (collectively "Lender") a security interest in this Lease and all of Tenant's rights hereunder and, upon default of Tenant's obligations to Lender, Lender shall be entitled to exercise all of Lender's rights and remedies as a secured party with respect to this Lease and the rights of Tenant hereunder, which may include, without limitation the right to foreclose upon, and the right to transfer to a third party this Lease and all of such rights. Notwithstanding the foregoing, there shall be no UCC fixture filing by any lender on any equipment attached to the Property. 8 F:\DOCS\0510~07~DOCS\mcl 10571 -TemeculaLease.doc 22. Notices. Any and all notices, demands, consents, approvals or authorizations required or permitted under this Lease shall be in writing. They shall be served personally, by nationally recognized delivery service, by facsimile or by registered mail, retum receipt requested. If served by registered mail, service shall be deemed made three (3) business days after deposit in the United States mail, first class postage prepaid, addressed to the party to whom such notice is to be given as provided below. Otherwise, service shall be deemed made at the time it is received by the individual to whom the notice is addressed. Either party may change the name and/or address to which notice is to be given, in accordance with the provisions of this Section. Rejection or other refusal to accept notice, or the inability to deliver due to a change in address of which no notice was given shall be deemed to be receipt of notice. Notices shall be addressed as follows: If to TTI: If to City of Temecula: c/o CornSites USA. Inc. 16885 West Bernardo Drive, Suite 100 San Diego, California 92127 Attention: Ronald E. Douglas 43200 Business Park Drive Post Office Box 9033 Temecula. California 92509-9033 Attention: City Manager With a copy to: Mitchell & Skola, APC 11545 West Bernardo Court, Suite 302 San Diego, CA 92127 Attention: Arthur A. Skola, Esq. 23. Brokers Commissions. TTI and Tenant hereby acknowledge that no broker has been involved in this transaction. 24. Attorneys. Fees. If any action, suit or proceeding is brought by any party with respect to any matter arising out of this Lease, the prevailing party shall be entitled to reasonable attorneys fees and court costs in addition to such other relief as such party may be entitled. 25. Entire Agreement. This Lease constitutes the entire understanding of the parties with respect to the matters set forth herein and supersedes all prior or contemporaneous understandings or agreements, whether written or oral, between the parties with respect to the subject matter hereof. 26. Severability. If any provision of this Lease shall be invalid or unenforceable with respect to any party, the remainder of this Lease shall not be affected and each provision shall be valid and enforceable to the fullest extent permitted by law. 27. Amendment. Neither this Lease nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by both parties. 9 F:\DOCS\0510\07\DOC S\mcl 10571 -TemeculaLease. doc 28. Counterparts. constitute an original. This Lease may be executed in counterparts, all of which together shall 29. Successors. The covenants and conditions contained in this lease shall, subject to the provisions regarding assignment set forth herein, apply to and be binding upon the heirs, Successors, executors, administrators and assigns of all of the parties. 30. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. 31. .Right to Lease. TTI represents and warrants that TTI owns the Property, that TTI has the right to lease the Premises, that the consummation of this Lease will not violate or cause a breach of any document, agreement or instrument to which TTI is a party by which it or any part of the Property or the Premises is or may be bound. 32. Estoppel Certificate. Tenant shall, at any time and from time to time upon not less than ten (10) days prior written notice from TTI, execute, acknowledge and deliver to TTI a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect) and the date to which the Base Rent and/or Additional Rent and/or other charges are paid in advance., if any and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults hereunder on the part of TTI or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrance of all or any portion of the Property. 33. Subordination and Attornment. 33.1 Except as otherwise provided herein, this Lease is hereby made subordinate to the lien of any mortgage or deed of trust to any bank, insurance company or other lending institution, now or hereafter in force against the Property, and to all advances made or hereafter made upon the security thereof. Any mortgagee of any mortgage or beneficiary of any deed of trust at any time existing or encumbering the estate of TTI may, at it_~s option, subordinate its mortgage or deed of trust to this Lease. As a condition to be satisfied prior to the subordination of this Lease to any mortgage or deed of trust, now or hereafter in force against the Property, Tenant shall receive a non-disturbance agreement reasonably acceptable to Tenant in form and content from such mortgagee or deed of trust beneficiary. 33.2 In the event of the sale or assignment of TTI's interest in the Premises, or in the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by TTI covering the Premises, Tenant shall attorn to the purchaser or assignee upon any such foreclosure or sale or assignment and recognize such purchaser or assignee as TTI under this Lease, provided a non-disturbance agreement is executed which is reasonably satisfactory to Tenant in form and content. 10 F:\DOC S\0510\07\DOCS\mc 110571 -TemeculaLease.doc 33.3 TTI and Tenant, within ten (10) days after the date of a written request by the other, shall execute and deliver such instruments and certificates to carry out the intent of this Section. 34. Condition of Premises on Vacation by Tenant. Tenant shall return the Premises to at · least the original condition as when the Tenant commenced occupancy of such Premises. 35. Glossary_ of Terms. The following terms used in this agreement shall have the meanings set forth below: 35.1 Building Space shall refer to space within the Building where Tenant's Connections are located. 35.2 Connections shall refer to the Tenant's conduits, wires, cables, cable trays and other necessary connections. 35.3 Effective Date shall mean the date upon which this Lease has been executed by both TTI and Tenant and which is stated in the introductory paragraph on this Lease. 35.4 Governmental Approvals shall refer to all licenses, certificates, permits, authorizations or approvals from all applicable government and/or regulatory entities. 35.5 Initial Term shall mean the term described in paragraph 3 of the Lease. 35.6 Premises shall collectively refer to the Town, Building Space and location of the Connections. 35.7 Property shall refer to the real property described on Exhibit "A" to this Lease. 35.8 Renewal Term shall meant the term described in paragraph 3 of the Lease. 35.9 Rent Commencement Date shall mean the same date as the Lease Commencement Date. 35.10 Standardized Communication Facilities shall refer to the Tenant's antennas, Connections and other necessary equipment and systems on the Premises. 35.11 Tower Space shall refer to the Tower located on the Property. [SIGNATURE PAGE FOLLOWS] 11 F:\DOCS\0510\07\DOCS\mc110571-TerneculaLease.doc IN WITNESS WHEREOF, TTI and Tenant have executed this Lease as of the date first hereinabove written. Tenant: City of Temecula, a municipal corporation TTI: Temecula Tower Investors, LLC, a California limited liability company By: Patricia H. Birdsell, Mayor By: Ronald E. Douglas, Managing Member Attest: By: June S. Greek, City Clerk Approved as to form: By: Peter M. Thorson, City Attorney 12 F:\DOCS\0510\07~DOCS\mc110571-TemeculaLease.doc Exhibit "A" To Communications Site Lease Legal Description of the Property 13 F:~DOCS~0510\07\DOCS\mc110571-TemeculaLease.doc Exhibit "B" To Communications Site Lease Diagram of the Premises 14 F:\DOCS\O510\O7\DOCS\mc110571-TerneculaLease.doc ITEM 11 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance~ November 25, 1997 Liability Insurance Renewal PREPARED BY: Melinda Flores, Senior Management Analyst RECOMMENDATION: That the City Council approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West, Option II, for increased coverage in the amount of $98,800 for general liability and automobile physical damage for the period of December 1, 1997 through December 1, 1998. DISCUSSION: In preparation of the City's Liability Insurance Policy with Insurance Company of the West ("ICW") expiring on December 1, 1997, staff requested that the City's liability insurance broker, CaI-Surance, market the City for liability and auto physical damage insurance. In response to this request, CaI-Surance obtained three proposals from the following companies in the amounts listed: Insurance Company of the West - Option I General Liability/Auto Physical Damage $93,500 Insurance Company of the West - Option II General Liability/Auto Physical Damage $99,800 Genesis Insurance Company General Liability/Auto Physical Damage $102,747 Insurance Company of Pennsylvania General Liability/Auto Physical Damage 07,747 ICW, the City's current insurance carrier, has provided two options with fixed premiums which include general liability/physical damage coverage. The first option is to continue the City's current coverage of $10 million per occurrence/S14 million aggregate for a fixed premium of $93,500. This premium is $5,352 lower than last years premium of $98,852 even though the City has increased its exposure through claims administration and expanded its vehicle pool. The second option proposed by ICW is for coverage to be increased to $15 million per occurrence and $19 million aggregate for a fixed premium of $99,800, which is very close to last year's premium. Both of these options cover the entire year, regardless of changes in the City's operating status. Considering the City's growth and increasing exposure due to possible inclement weather conditions, as well as the outstanding premium offered for expanded coverage, staff recommends that the City accept Option II. Genesis Insurance Company premium is not based on a flat rate as the other two companies proposed; it is an adjustable premium based on net operating expense, which could increase during the term of the policy period. Insurance Company of the State of Pennsylvania was the third most competitive proposal but the annual liability premium costs are more than either option proposed by ICW for essentially the same coverage. ICW has provided outstanding coverage in the past, despite the fact that in the five years of coverage, ICW has paid over $410,888 in claims related fees and settlements. In this same time period, the City has paid $559,852 in premiums, with a loss ratio of 73%, down form 89% from last year. Based on the information provided herein, staff recommends that the City continue both liability and automobile physical damage coverage through ICW, under Option II for increased coverage, in the amount of $99,800 for general liability and automobile physical damage for the period of December 1, 1997 through December 1, 1998. FISCAL IMPACT: Adequate funds have been budgeted and are available in General Fund Liability Insurance Account 300-199-999-5200 for the general liability and automobile damage premium. Attachment: ICW Proposal INSURANCE COMPANY OF THE WEST PROPOSAL TERM: December 1, 1997 - December 1, 1998 FORMAT: Occurrence NAMED INSURED: City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Temecula Public Facilities Financing Corporation O_otion II SELF-INSURED RETENTION (SIR): $50,000 TOTAL LIMITS/COVERAGE MUNICIPAL GENERAL LIABILITY OVER SIR $15,000,000 Occurrence/$19,000,000 Aggregate PUBLIC OFFICIAL'S ERRORS & OMISSIONS OVER SIR $15,000,000 Occurrence/Aggregate MUNICIPAL AUTOMOBILE LIABILITY OVER SIR $15,000,000 Occurrence/No Aggregate TOTAL LIABILITY INSURANCE COST TOTAL AUTOMOBILE PHYSICAL DAMAGE ENDORSEMENT TOTAL COMBINED PREMIUM COST INCLUDED INCLUDED INCLUDED 92,761 7.039 99,800 NOTE: The above quote includes the combined totals for Primary and Excess Limits Coverage EXHIBIT B PAYMENT SCHEDULE The following fixed fees and schedule are proposed to accomplish the Scope of Services and as set forth in Exhibit A, Fees for Services, Annual Mello-Roos Community Facilities District Administration. Month Amount July-September $1,700 October-December $1,700 January-March $1,700 April-June $1,700 TOTAL: $ 6,800 The cost of services incidental to the performance of the services described above are included in the stated fixed fee, and no additional charges will be made thereof. Services we can provide for additional fees are set forth in Exhibit A, Fees for Services. Expenses The charges for authorized services outside the Scope of Services described above will be based on MuniFinancial's hourly rate schedule which is in effect at the time the services are rendered. MuniFinancial will be reimbursed for out-of-pocket expenses, at cost, not to exceed $750.00 per year. Examples of reimbursable expenses include, but are not limited to, minor postage, travel expenses, telephone expenses, mileage (31.5¢ per mile), and copying ($.06 per copy). Expenses not included in the above are the purchase of assessor's parcel maps, county data tapes, production and mailing of notices, preparation of assessment diagrams or boundary maps. These additional expenses will be billed to the City at our cost with no overhead markup. Expenses are recoverable through the annual special tax levy. Charges for meeting and consulting with disclosure counsel, the Issuer, or other parties regarding services not list in the scope of work above will be at our prevailing hourly rates. Exhibit B 1 Page Only ITEM 12 CITY OF TEMECULA AGENDA REPORT CITY ATTORNEY FINANCE DIRECT CITY MANAGER ' i TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Accept Two Offers of Dedication for Street and Highway Purposes for Rancho California Road at Interstate Route 15 Bridge Widening and Northbound Ramp Improvements, Project No. PW95-12 PREPARED BY: RECOMMENDATION: Don Spagnolo, Principal Engineer - Capital Projects That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING OFFERS OF DEDICATION FOR STREET AND HIGHWAY PURPOSES MADE TO THE CITY OF TEMECULA AT THE INTERSECTION OF RANCHO CALIFORNIA ROAD AND INTERSTATE ROUTE 15 FOR THE RANCHO CALIFORNIA ROAD AT INTERSTATE ROUTE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS BACKGROUND: The proposed northbound exit ramp for the Rancho California Road at Interstate Route 15, Bridge Widening and Northbound Ramp Improvement Project will be realigned with the existing intersection at Rancho California Road. These improvements are outside the existing Caltrans right of way and will require additional right of way. Two offers of dedication are attached for your reference as Exhibits I and 3 were signed and recorded by KRDC, Inc. and given to the City to accommodate the new off-ramp improvements as a condition of their building improvements. However, the dedication shown in Exhibit 3 was prepared based upon an earlier design and incorporated a portion of the existing parking lot. The project was redesigned to reduce the required right of way and to eliminate the need for the property underlying the parking area. Therefore, the property owner has submitted to the City for acceptance and recordation a revised offer of dedication attached for your reference as Exhibit 2 contingent upon the City quitclaiming the original offer as shown in Exhibit 3. As part of the reduction' in right of way, the property owner w'a~ also required to grant a waterline easement on their property. .~. r:\agdrpt\97\1125\pw95-12.esm/ajp A map which shows the approximate location of the project area is attached for your reference as Exhibits 4. To obtain the revised right of way, it is necessary for the City to quitclaim the original offer of dedication as shown in Exhibit 3, and accept and record the revised offer of dedication as shown in Exhibit 2 and as described in the attached Resolution. Once the Offers of Dedication are fully executed, the dedicated right of way will provide for the interchange improvements at Rancho California Road and Interstate Route 15 as designed. The City Attorney's office has reviewed the Offers of Dedication as to form. FISCAL IMPACT: None. Attachments: Resolution No. 97- with Exhibits 1, 2, 3, and 4, inclusive. r:\agdrpt\97\1125\pw95-12.eem/ajp RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: June S. Greek, City Clerk EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING OFFERS OF DEDICATION FOR STREET AND HIGHWAY PURPOSES MADE TO THE CITY OF TEMECULA AT THE INTERSECTION OF RANCHO CALIFORNIA ROAD AND INTERSTATE ROUTE 15 FOR THE RANCHO CALIFORNIA ROAD AT INTERSTATE ROUTE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS THE CITY COUNCIL OF THE CITY OF TF.34ECULA DOES HEREBY RESOLVE AS FOLLOWS: Section !. declare that: The City Council of the City of Temecula does hereby find, determine and a. The City of Temecula has received two Offers of Dedication of real property for street and highway purposes which have been recorded in the Official Records of Riverside County as follows: (1) Offer of Dedication from KRDC, Inc., recorded as Document No. 468300 on December 16, 1994 and is attached hereto as Exhibit 1; (2) Offer of Dedication from Nesbitt Partners Temecula Venture, LTD., a California limited parmership, By: Nesbitt W.T.S.F.L.B., Inc., a Delaware corporation, its general partner, attached hereto as Exhibit 2 upon its recordation. b. The City is ready to begin the construction of the bridge widening and northbound ramp improvements at Rancho California Road at Interstate Route 15 and desires to accept the Offers of Dedication. r:\agdrpt\97\1125\pw95-12.esm/ajp Section 2. The City Council of the City of Temecula hereby approves the Quitclaim Deed for the Offer of Dedication recorded as Document No. 468298 on December 16, 1994 and is attached hereto as Exhibit 3. Section 3. The City Council of the City of Temecula hereby accepts the two Offers of Dedication described in Section 1.a. of this Resolution and hereby authorizes and directs the City Clerk to cause this Resolution and the Quitclaim Deed to be recorded in the Official Records of the County of Riverside through Escrow and further authorizes the City Clerk to make such modifications as may be necessary to this Resolution so as to facilitate its recordation by the Recorder's Office. The City Council hereby further authorizes and directs the City Manager to execute such other documents, including, but not limited to escrow agreements, which may be necessary or convem'ent for the implementation of the acceptance of the Offers of Dedication and the Quitclaim Deed described in Section 1.a. of this Resolution. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on this 25th day of November, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) r:\agdrpt\97\1125\pw95-12.esm/ajp I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the 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 25th day of November, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS' NOES: COUNCILMEMBERS' ABSENT: COUNCILMEMBERS' ABSTAIN: COUNCILMEMBERS' June S. Greek, City Clerk r:\agdrpt\97\1125\pw95-12.esm/ajp EXItIBIT 1 EX"EMPT RECORDINO Rr=QUESTED BY City of Temecula AND !RrHEN RECORDED MAlL TO ~'~ity of Temecula - City Clerk 43174 i~uslneN Park Dr. Temecula. CA 92590 Cily of Temeeula 43174 llusiness Park Dr. Temecu¼, CA 92590 " ' ony. R (Corporation) ,. ,, ......... The undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns, for street and highway purposes, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. KRDC, I.~. a Califo_.~a corporation · IN WITNESS ~'IEREOF, these presents have executed this instrument o/f'/~,~/Jeffrey L. M±Bkler ~ .y. ?. · this 281h day of November , 199_=zt= Print Name and Tide STATE OF CALIFORNIA ) SS. COUNTY OF RIVERSIDE) 11-28-94 , before me the undersigned, a Notary Public in and for the State of California, personally appeared Jeffrey L. Minkler personally known to me (or proved 1o me on the basis of satisfactory evidence to be the Person(~) whose name00 is/~ subscribed to the within instrument and acknowledged to me tlmt he/d~4b~ executed the s~me in hisP~4tJ~q~ authorized capacity(i~) and that by hlsPaedthdr signature(s) on the instrument the person(s)-, or the entity upon behalf of which the person(+) acted, executed the instrument. WITNESS my hand and official seal. Signature ""~. (~, ~/ Secretary Renee D. Gentry ° ~.La~L~NOTARY PUBLIC- CALII:OR:~IAI~ RIVERSIDE COUNTY My ~mm. Extras ~t 25, 1995~ CONSENT The City Council, City of Temecula hereby consents to the grant of real property set forth above. ATTEST: Ci er Peter ThOrson, City Attorney : City of Temecula Ronald H. Roberts, Mayor 468300 November 29, 1994 W.O. 9413198 EXHIBIT "A" That portion of Parcel I of Parcel Map No. 23624 as shown by map on file in Book 169 of Parcel Maps, at Pages 24 through 26 thereof, Records of Riverside County, California, described as follows: Beginning at the most Northerly corner of said Parcel 1, also being the most Westerly corner of Parcel 3 of said Parcel Map No. 23624; Thence S.23°09'38"E. along the Northeasterly line of said Parcel 1, also being the Southwesterly line of said Parcel 3, a distance of 12.47 feet to a line parallel with and 67.00 feet Southeasterly, measured at right angles from the centerline of Rancho California Road, as shown on said Parcel Map No. 23624; Thence S.51 °08'04"W. along said parallel line, a distance of 427.65 feet to the Northwesterly line of said Parcel 1, also being the Southeasterly line of said Rancho California Road; Thence N.47°28'58"E. along said line, a distance of 188.41 feet to an angle point in said Northwesterly line of Parcel 1; Thence N.51°08'04"E. continuing along said line, a distance of 243.00 feet to the Point of Beginning. The above described parcel of land contains 0.092 acres, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantor's remaining property, in and to said freeway. LEGAL DESCRIPTION EXHIBIT A November 29, 1994 Page 2 468300 The real property description has been prepared by me, or under my direction in conformance with the Professional Land Surveyors Act. Signature ~ ~-~;"~" ~ .... Date Professional Land Suweyor RLS/MC/mh leg:leg-IG6 JFD::JFDSADM:[LEGAL]LEGALIG6;51MELINDAH ,-""_,~T ,'$ SOLELY AN AID iN LOC: .~ THE PARCEL(S) DESCRIBED ThE ATTAC,-,£D DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESC.e,r' , ~0 v P~cr I o~' I ~'E, /V'OV. 29, 1994 8r.. RoAD F~OINT OF 8£~/N~ZlVG PR£PARE"D UNO£R THe' SUPERVISION OF': MARI$SA CROWTHER PLS 615,~ ('exp 3-31-98) J.£.DAV!DSON AS$OCIAI'E~, INC. WO nL~': WINDSOR' CAPITAL CITY OF TEMECULA RIGHT-OF-WAY DEDICATION EXHIBIT 2 WED 20:15 OASSIDY AND V (' ERGEa 43174 ~ I~k Dr. Tc~,cu~ ~A ~ ~t74 ~ P~ Dr, ill FAX NO 4157881353 ?, 02i2J r~c~enmN~ o~ ~ r~ve p~es h~e~o. NESBITT P~ER$ T~CU~% vENTU~, LTD. ~y, Walnut TQmQCula Corpnr~.i~, i L~ general partner ~ ~2 ,,, d~ of J~uary . STATE op ~o~vla ) ~. coU~'I-f n~, ~~) ~os ~qeles Gary D. Gray ~ N&m~ ~d Titis Gary u. Gray V£¢e Preside. hr./Ass±st Se. The C;~ Council, City nf Tam~'~da h~eby oanr~t$ m the i,r~t of real property ar~ fot'fla abovc. City of Tcmc~!n BY: lun: $. Or--~;k, Ckit Cl¢ck AI~PROVt~D AS TO FORM: BY' Pe~r~r Thnr.~nn, City At~ol'~ey .. lct~cy F... Smr~, Mayor _. MAR-13-90 BED 20: IS CASSIDY AND VERGES FAX NO, 4157881353 P. 03/23 October 25, lgg4 Revised November 2.2, 1995 EXHIBIT "A" W.O. #9413198 That portion of Parcel 1 of Parcel Map No. 23824 as shown by map on file in Book 169 of ~'arce~ Maps at page~ 2.4 tl,'~ugh ~0 thereof, ne~rdo of Riveraida County, California. d~.,~cribeCl as follows: Beginning at the Southwest comer u[ said Parcel 1, also being the most Westerly corner of Parcel 2 of said P-~rcei Map No, 23624; Thence N.85°4E'13'E. along the Southerly line of .~id Parcel 1. Also being the Nortilerly line of sai¢l PArcel 2, a distance of 105.39 feet; .-- I hence N.03°OO'¢3"W., ~ distal ~e of 70.47 feet; Thence N. 14"5,3'20'W.. a distance of 25.68 feet; Thence Nodhedy on a non-tangent curve r. nncave to me west. haviflg a. ~'adius of ~24.00 feet, through Rn angle of 26°39'32". an arc length of 104.22 feet (the initial raclial line bears N.80'28'10'E.); Thenc~ N.47°27'07"W., a distance of 6~.72 feet: Thence N.26~38'46'W., a distance of 44,57 feet to the Westerly line of said Parcel 1, also being the. Fa,¢tedy line of Interstate Route 15 as s~own on said Parcel M-~p No. 23624; The tollowing three (3) courses are along said Westerly line of Parcel 1 and .~a~cl Easterly line of lnterototc Route 16; Thence S.09°..q1'16'W., a distance of 129.54 feet; Thence 50utherly on ~ vu~vu concave to the east, having ~ radiuc of 200.00 feet, thrn~gl3 a~'~ angle of 34"'51'52', an arc length of 121.70 feet; T'~enc~ S.26o20'38'E., a distance of 46.61 feet rn me Point of 8eglnnlng. The above described parcel of land contains 0.617 acres, more or '. IIAR-13-96 WED 20:15 CASSIDY AND VERGES FAX NO, 4157881353 P, 04/23 This conveyance is made for the purpos~ of a freeway and the grantor hereby releases and relinquishes To the grantee any anti all aDutteKs rights, ir~cluding access rights, appurtenant to omnmr's remaining property. in arid to sai(~ freeway. This real property dc,~oription ha¢ been prepared hy m~.. nr under my clirectior~, if') conformance with the Professional Land S~jrveyors A~. Date legal:[og~Fie2 l'l,qRz-t3-96 '[4ED 20:16CASSIDY AND VERGES FAX NO, 4157881353 P. 05/23 THIS Pi..AT 15 50LELT ~ AID IN LOCATilVG THE P/.,RCE'L('$) OESCR!$£O IN Tile ATTACHED DOCUI, f£N~ IT IS NOT A PART OF THE' WRITTEll OE$CRIPDON THEREIn. - -'"--- Cb. RANCkO CALIFORNIA ROAD ~. 47o~7~7.,~ ! //0 7'E : ?//////// CiTY OF TEMECULA RIGHT OF WAY ExmBIT 3 Order No. Escrow No. Loan No. WHENRECORDED MAILTO: Nesbitt Partners Temecula Venture, Ltd. c/o Windsor Capital Group, 11835 W. Olympic Blvd, #125£ Los Angeles, CA 90064 Attn: Gary Gray nc. MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ............................................................... ..... Computed on the consideration or value of property conveyed; OR ..... Computed on the consideration or value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax-Firm Name APN' TRA: QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TEMECULA do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to NESBITT PARTNERS TEMECULA VENTURE, the real property in the City of Temecula County of Riverside: LTD., , State of California, described as See Exhibit "A" attached hereto This property was the Subject of the Offer of Dedication - Road Purposes recorded December 16, 1994 as Instrument No. 468298 in the Official Records of Riverside, County, California. Dated } STATE OF CALIFORNIA } ss. COUNTY OF } On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s) or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notadal seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1085 (1/94) EXEMPT RECORDDIG REQUESTED BY Ci~y of Temeoula PER GOV'T CODE 6i03 AND WHEN RECORDED MAI~ TO "43174 !lusine,~ Perk D~. : T~___ula, CA 92590 ...... ' ~_ ...... . ......... MAil., TAX $TAT!~v!£IqT$ TO Cky of T.moou¼ 43174 Busin~# Pa~ Dr. T.m~ul,, CA 92590 OFFER OF DEDICATION - ROAD PURPOSES (Corporation) The undersigned, being the present title owner(s) of record o£ the herein described parcel of !and, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns, for street and highway purposes, the real property situated in the City of Temecula, County of Eiverside, State of California, described in Exhibit "A (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. The provisions hereof shall inure to the bestir of and be binding upon heirs, successors, assigns, and personal representatives of the respective paxties hereto. KRBC, Inc...~ a California corporation ~s 28Ch day of November ..... 199~ P~t Na~ ~d Title STATE OF CALIFORNIA } SS. COUNTY OF RIVERSIDE} 11-28-94 , before me the undersigned, a Notary Public in and for the State of California, personally appeared Jeffrey L. Miukler personally known to me (or proved to me on the basis of satisfactory evidence to be the person(~) whose name(~ is~re subscribed to the within instrument and acknowledged to me that h¢~s{tc'~the'y executed the same in his~hes~heir authorized capacity(ie~) and that by his,~,~d:l'.o;, signature(s~-on the instrument the person(sO', or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (~ONSENT Secre~ry The City Council, City of Temecula hereby consents to the grant of real property set forth above. ATTEST: By: ~~,d:~ APPRO'k!;Ij[D AS TO FOR~V~, Peter Thorson, City Attorney City of Temecula Ronald H. Roberts, Mayor 468298 October 25, 1994 W.O. #9413198 EXHIBIT "A" That portion of Parcsl 1 of Parcel Map No. 23624 as shown by map on file in Book 169 of Parcel Maps at pages 24 through 26 thereof, Records of Riverside County, California, described as follows: Beginning at the Southwest corner of said Parcel 1, also being the most Westerly corner of Parcel 2 of said Parcel Map No. 23624; Thence N.85°42'13"E. along the Southerly line of said Parcel 1, also being the Northerly line of said Parcel 2, a distance of 122.69 feet; Thence N.00°19'24"E., a distance of 39.07 feet; Thence Northwesterly on a curve concave to the Southwest, having a radius of 250.00 feet, through an angle of 39°11'12", an arc length of 170.99 feet; Thence N.38°51'56"W., a distance 126.63 feet to the Westerly line of said Parcel 1, also being the Easterly line of Interstate Route 15 as shown on said Parcel Map No. 23624; The following three (3) courses are along said Westerly line of Parcel I and said Easterly line of Interstate Route 15; Thence S.09°31'16"W., a distance of 146.35 feet; Thence Southerly on a curve concave to the east, having a radius of 200.00 feet, through an angle of 34o51'52", an arc length of 121.70 feet; Thence S.25°20'36"E., a distance of 46.61 feet to the Point of Beginning. The above described parcel of land contains 0.751 acres, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights, including access rights, appurtenant to grantor's remaining property, in and to said freeway. 466298 This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Professional Land Surveyor Date RLS/mc/mh legal:legal/ie2 THIS PLAT /S SOLELY AN AID IN LOC,~ .i THE PARCEL(S) DESCRIBED i,,~ T.E ATTACHED DOCUMENT. IT IS NOT A PART OF THE WR(~EN' IIDESCR,'PTION THEREIN. RANCHO CALIFORNIA ROAD 0 RIGHTS HELII/d~UI~HE~ PREPARED UNDER THE' SUPERt/1SION OF': MAR/$.SA CROWTHE'R PL$ 615Z ('exp 3-31-98,) DATE' J.F. OAWO$ON ,~$0C~4~. tNC. CRO'grHER 6[52 CITY OF TEMECULA DRIGHT- OF-WAY EDICATION EXHIBIT 4 0 0 ITEM 13 CITY ATTORNEY _~~ FINANCE DIRECTO~ ~ ~ CITY MANAGER ~" II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 25, 1997 Temecula Creek Channel - Margarita Road Storm Drain Project No. 7-0- 0051, Parcel Map No. 28384 - Cooperative Agreement ~~nald J. Parks, Land Development Assistant Engineer - Land Development PREPARED BY: ~t/Annie Bostre-Le, Principal Engineer - RECOMMENDATION: That the City Council: I . Approve the Temecula Creek Channel - Margarita Road Storm Drain, Project No. 7-0- 0051, Parcel Map No. 28384 - Cooperative Agreement with the Riverside County Flood Control and Water Conversation District and the American Stores Properties, Inc. . Authorize the execution and attestation of such agreement in its final form by the City Manager and City Clerk. BACKGROUND: The City Council approved Parcel Map No. 28384 on August 12, 1997. As a condition of approval, the developer must construct certain flood control storm drain facilities in order to provide flood protection for this planned development. The required facilities to be constructed include approximately 475 lineal feet of underground concrete pipe, illustrated on Exhibit "A. Pursuant to the Cooperative Agreement, the developer will construct said facilities, and the County Flood Control District will assume ownership and maintenance responsibility of mainline storm drain improvements. In conjunction with the cooperative agreement, County Flood Control District will review and approve all construction plans associated with the storm drain improvements. Participation by the City includes the acceptance and holding of Faithful Performance and Labor and Material bonds for the storm drain improvements, granting of rights to the County Flood Control District to operate and maintain flood control facilities within City right-of-way, and City operation and maintenance of inlets/connector pipes within City right-of- way. Following City Council adoption of the Cooperative Agreement, it will be sent to the County Flood Control District for their approval and for County of Riverside Board of Supervisors approval. r:\agdrpt\97\1125\coop. agr/ajp FISCAL IMPACT: None Attachments: . Location Map (Exhibit "A") Cooperative Agreement r:\agdrpt\97\ 1125\coop. agr/ajp .. ~. u '",,,~RDJECT VICINITY MAP END PROJECT LII~.. 'VV" .. /.. DARTOLA ...~_ ..~.: j. < ROAD .~,,, . o. INDEX MAP EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~GREEMENT (Parcel Map No. 28384) The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT hereinafter called "DISTRICT" the CITY OF TEMECULA hereinafter called "CITY", and AMERICAN STORES PROPERTIES, INC., a Delaware Corporation, hereinafter called "DEVELOPER", hereby agree as follows: A. DEVELOPER has submitted for approval Parcel Map No. 28384 in the City of Temecula, and as a condition for approval DEVELOPER must construct certain flood control facilities in order to provide flood protection for DEVELOPER'S planned development; and B. The required facilities include approximately 475 lineal feet of a dry underground concrete pipe, hereinafter called "PROJECT", as shown in concept in red on Exhibit "A" attached hereto and made a part hereof; and C. DEVELOPER desires DISTRICT to assume ownership and responsibility for the operation and maintenance of PROJECT. Therefore, DISTRICT must review and approve the plans and specifications and subsequently inspect the construction of PROJECT; and - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accordance with plans and specifications approved by DISTRICT and CITY. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION I DEVELOPER shall: 1. Prepare plans and specifications for PROJECT in accordance with DISTRICT standards, and submit the plans and specifications to DISTRICT for its review and approval. 2. Pay DISTRICT upon execution of this agreement, the one time cash sum of $2,500.00, the agreed upon amount necessary to cover DISTRICT'S costs incurred in the preparation, processing and administration of this agreement. 3. Pay DISTRICT upon execution of this agreement (Zone 7 Maintenance Trust Fund), the one time cash sum of $200.00, the agreed upon DISTRICT estimated cost for operation and maintenance of PROJECT through the year 1998. 4. Pay DISTRICT for the cost of providing construction inspection for PROJECT, at the time of providing written notification to DISTRICT of the start of PROJECT construction as set forth in Section 1.7. herein, the amount as determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of COUNTY, based upon the bonded value of PROJECT facilities to be inspected, operated and maintained by DISTRICT. 5. Secure all necessary licenses, agreements, permits and rights of entry as may be needed for the construction, inspection, operation and maintenance of PROJECT. DEVELOPER shall furnish DISTRICT, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section 1.7. herein, with sufficient evidence of DEVELOPER having secured such necessary licenses, agreements, permits and rights of entry, as determined and approved by DISTRICT. 6. Provide CITY, at the time of providing written notification to DISTRICT of the start of construction as set forth in Section 1.7. herein, with faithful performance and payment bonds, each in the amount of 100% of the estimated cost for construction of PROJECT as determined by DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of DISTRICT and CITY. The bonds shall remain in full force and effect until PROJECT is accepted by DISTRICT as complete, at which time the bond amount may be reduced to 10% for a period of one year to guarantee against any defective work, labor or materials. 7. Notify DISTRICT in writing (Attention: Dale V. Anderson), at least twenty (20) days prior to the start of - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 construction of PROJECT. Construction shall not begin on any element of PROJECT, for any reason whatsoever, until after DISTRICT has issued to DEVELOPER a written Notice to Proceed authorizing DEVELOPER to initiate.construction. 8. Construct, or cause to be constructed, PROJECT at DEVELOPER'S sole cost and expense in accordance with plans and specifications approved by DISTRICT. 9. Pay, if suit is brought upon this contract or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorney's fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. 10. Furnish DISTRICT with the final mylar plans for PROJECT and assign their ownership to DISTRICT. SECTION II DISTRICT shall: 1. Review and approve plans and specifications prepared by DEVELOPER for PROJECT, prior to the start of construction. 2. Provide CITY an opportunity to review PROJECT design plans prior to DISTRICT final approval. - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Upon execution of this agreement, record or cause to be recorded, a copy of this agreement in the Official Records of the Riverside County Recorder. 4. Inspect the construction of PROJECT. 5. Accept ownership and responsibility for the operation and maintenance of PROJECT, excluding inlets and connector pipes within CITY street rights of way, upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii) acceptance by CITY of all street rights of way as deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT. 6. Furnish CITY with "as-built" mylar plans for all PROJECT facilities constructed within CITY rights of way, upon DISTRICT acceptance of PROJECT as being complete. SECTION III CITY shall: 1. Review and approve plans and specifications prepared by DEVELOPER for those portions of PROJECT within CITY rights of way, prior to the start of construction of PROJECT. 2. Accept the CITY and DISTRICT approved faithful performance and payments bonds submitted by DEVELOPER as set forth in Section 1.6., and hold said bonds as provided herein. · -- 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Grant DISTRICT, by execution of this agreement, the right to construct, inspect, operate and maintain PROJECT within CITY rights of way as set forth herein. 4. Accept ownership and responsibility for the operatiQn and maintenance of all PROJECT inlets and connector pipes within CITY rights of way, upon DISTRICT acceptance of PROJECT as being complete. 5. Not grant any occupancy permits for any unit within any portion of Parcel Map No. 28384, or any phase thereof, until construction of PROJECT is complete, unless otherwise approved in writing by DISTRICT. 6. Upon DISTRICT acceptance of PROJECT as being complete, accept sole responsibility -for the adjustment of all STORM DRAIN manhole rings and covers located within CITY streets and rights of way, at no cost to DISTRICT, which shall be performed at such time that the finished grade along and above STORM DRAIN is improved, repaired, replaced or changed. SECTION IV It is further mutually agreed: 1. All work involved with PROJECT shall be inspected by DISTRICT and shall not be deemed complete until approved and accepted as complete by DISTRICT. - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. CITY and DEVELOPER personnel may observe and inspect all work being done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be responsible for all quality control communications with the contractor during the construction of PROJECT. 3. Construction of PROJECT shall be completed by DEVELOPER within twelve (12) consecutive months after execution of this agreement and within sixty (60) consecutive calendar days afterscommencing work on PROJECT. It is expressly understood that since time is of the essence in this agreement, failure of DEVELOPER to perform the work within the agreed upon time shall constitute authority for DISTRICT to perform the remaining work and require DEVELOPER'S surety to pay to CITY the penal sum of any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT for DISTRICT costs incurred. 4. DEVELOPER and DISTRICT, knowingly and voluntarily, waive the provisions of Government Code Section 65913.8, relating to fees and charges. Such waiver is accomplished with the understanding that DISTRICT is voluntarily undertaking the obligation to accept ownership and responsibility for the operation and maintenance of PROJECT, and DEVELOPER is not required by DISTRICT to enter into this agreement. - 8 - 1 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. DEVELOPER shall, during the construction period, provide Workers' Compensation Insurance in an amount required by law. A certificate of said insurance policy shall be provided to DISTRICT and CITY at the time of providing written notice pursuant to Section 1.7. 6. DEVELOPER shall, commencing on the date notice is given pursuant to Section 1.7., and continuing until DISTRICT accepts PROJECT for operation and maintenance: (a) Provide and maintain comprehensive liability insurance coverage which shall protect DEVELOPER from claim from damages for personal injury, including accidental and wrongful death, as well as from claims for property damage which may arise from DEVELOPER'S construction of PROJECT or the performance of its obligations hereunder, whether such construction or performance be by DEVELOPER, by any of its contractors, subcontractors, or by anyone employed directly or indirectly by any of them. Such insurance shall name DISTRICT, CITY and County of Riverside'as additional insureds with respect to this agreement and the obligations of DEVELOPER - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereunder. Such insurance shall provide for limits of not less than two million ~dollars ($2,000,000.00) per occurrence. (b) Cause its insurance carrier(s) which shall be authorized to transact business of insurance in the State of California, to furnish DISTRICT and CITY at the time of providing written notification to DISTRICT of the start of construction as set forth in Section 1.7., with certificate(s) of insurance showing that such insurance is in full force and effect and that DISTRICT, CITY and County of Riverside are named as additional insureds with respect to this agreement and the obligations of DEVELOPER hereunder. Further, said certificate(s) shall provide that the issuing company shall give DISTRICT and CITY sixty (60) days written notice in the event of any cancellation, termination, non-renewal or reduction in coverage of the policies evidenced by the certificate(s). In the event of any such cancellation, termination, non-renewal or reduction in coverage, DEVELOPER - 10 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall, forthwith, secure replacement insurance meeting the provision of this paragraph. Failure to' maintain the insurance required by this paragraph shall be deemed a material breach of this agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to proceed to perform the remaining work pursuant to Section IV.3. 8. In the event that any claim or legal action is brought against DISTRICT or CITY in connection with this agreement because of the actual or alleged acts or omissions by DEVELOPER, DEVELOPER shall defend, indemnify and hold DISTRICT, CITY and County of Riverside harmless therefrom, without cost to DISTRICT, CITY or County of Riverside. Upon DEVELOPER'S failure to do so, DISTRICT, CITY and County of Riverside shall be entitled to recover from DEVELOPER all of their cost and expenses, including, but not limited to, reasonable attorneys' fees. 9. DEVELOPER shall defend, indemnify and hold DISTRICT, CITY and County of Riverside, their respective officers, agents, employees and independent contractors free and harmless from any claim or legal action whatsoever, 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 - 11 - 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ordinance which seeks to impose any other liability or damage whatsoever, for the design, construction or failure of PROJECT or from the diversion of the waters from the natural drainage patterns, save and except claims and litigation arising through the sole negligence or sole willful misconduct of DISTRICT, CITY or County of Riverside. DEVELOPER shall defend DISTRICT, CITY and County of Riverside without cost to DISTRICT, CITY or County of Riverside and upon DEVELOPER'S failure to do so, DISTRICT, CITY and County of Riverside shall be entitled to recover from DEVELOPER all of their cost and expenditures, including, but not limited to, reasonable attorneys' fees. 10. DEVELOPER for itself, its successors and assigns hereby releases DISTRICT,-CITY and County of Riverside, their respective officers, agents, and employees from any and all claims, demands, actions, or suits of any kind 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, for the design, construction or failure of PROJECT, or the discharge of drainage within or from PROJECT. Nothing ed herein shall constitute a release by DEVELOPER of or CITY, their officers, agents and employees from any and 4 1 claims, demands, actions or suits of any kind arising out of liability, known or unknown, present or future, for the negligent maintenance of PROJECT, after the acceptance of PROJECT 7 8 9 10 by DISTRICT. 11. Any waiver by DISTRICT or by CITY of any breach of any one or'more of the terms of this agreement shall not be construed 11 to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to 13 14 15 16 require exact, full and'complete compliance with any terms of this agreement shall not be construed as in any manner changing the terms hereof, or estoppin~ DISTRICT or COUNTY from enforcement 17 hereof. 18 12. If any provision in this agreement (with the exception 19 of Section IV.4.) is held by a court of competent jurisdiction to 20 21 22 23 be invalid, void, or'unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Should it be held by a court of competent 24 jurisdiction that any portion of Section IV.4. is invalid, void or 25 unenforceable, the provisions of Government Code 65913.8(b) shall 26 27 28 - 13 - 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 apply. It shall, therefore, be determined that this fee is extended through the year 1998. 13. This agreement is to be construed in accordance with the laws of the State of California. 14. Any and all notices sent or required to be sent to the parties of this agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA AND WATER CONSERVATION DISTRICT City Hall 1995 Market Street 43200 Business Park Drive Riverside, CA 92501-1719 Temecula, CA 92590 AMERICAN STORES PROPERTY, INC. 348 East South Temple Avenue Salt Lake City, UT 84111 15. Any action at law or in equity brought by any of the . parties hereto for the purpose of enforcing a right or rights provided for by the agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. 16. This agreement is the result of negotiations between the parties hereto, and the advice and assistance of their respective counsel. The fact that this agreement was prepared as a matter of convenience by DISTRICT shall have no import or - 14 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 significance. Any uncertainty or ambiguity in this agreement shall not be construed against DISTRICT because DISTRICT prepared this agreement in its final form. 17. The rights and obligations of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees. 18. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or obligations hereunder to any person or entity without the written consent of the other parties hereto beingsfirst obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and agrees that it shall remain liable with respect to any and all of the obligations and duties contained in this agreement. 19. This agreement'is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This agreement may be changed or modified only upon the written consent of the parties hereto. /? // - 15 - 2 3 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have executed this agreement on (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: DAVID P. ZAPPE General Manager-Chief Engineer APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel Dated RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 'By, Chairman, Board of Supervisors ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) RECOMMENDED FOR APPROVAL: City Engineer JOSEPH KICAK CITY OF TEMECULA By City Manager RONALD BRADLEY ATTEST: By, City Clerk JUNE S. GREEK APPROVED AS TO FORM: By, City Attorney - 16 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SVG: mcv rcfc\41800 9/23/97 AMERICAN STORES PROPERTIES, INC. a Delaware Corporation (NOTARY) By. Title, (NOTARY) - 17 - PR[3JE:CT SITE: VICINITY MAP IN])EX MAP EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~{~"-~ County of c~-~'~.'~ ~~. On ~ ~ o.~; ~~ before me,~~~i ~~ ~~~, personally appeared Na~(s) of Signals) '~Z~'personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) BARBARA L. BRAY S~ndy, Utlh 844~ My Comrni~slon ~ . February 11,2000 ................... ~TATF. OF whose name(s) is/are subscribed to the within instrument and acknowledged to me that(~he/they executed the same ir(~er/their authorized capacity(lee), and that by (~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. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(lee) Claimed by Signer(s) Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1995 National Notary Association · 8236 Reinmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 - ITEM 14 CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance~ November 25, 1997 Agreement for Comprehensive Administration, Delinquency Management, and Arbitrage Services for Community Facilities District No. 88-12 (CFD 88-12) RECOMMENDATION: Approve the agreement with MuniFinancial, Inc. to provide Comprehensive Community Facilities District Administration, Delinquency Management, and Arbitrage Services for the City of Temecula and execute agreement attached. DISCUSSION: On October 28, 1997 the City Council approved a resolution ratifying the final agreement with the County of Riverside for the transfer of Community Facilities District No. 88-12. This District was formed by th~ County in 1988 and bonds were issued for the related Ynez widening improvements in 1992. The City is antic[paring issuing Phase II bonds in January 1998 for the Overland bridge overcrossing improvements. The City plans to assume full control of the District effective December 1, 1997. As such, the City will then be responsible for the assessment administration. Staff is recommending MuniFinancial Inc. to handle the full assessment administration, delinquency management, and arbitrage calculations for CFD 88-12. Muni has provided effective assessment administration services to the Temecula Community Services District for the past seven years. The cost associated with the assessment administration and arbitrage calculations total range from $8,050 to $9,300 annually and will be paid by the District through assessments. The Delinquency Management Services will be charged on a per item basis as identified in Exhibit A to the attached contract and will be paid by the delinquent property owners. FISCAL IMPACT: The annual cost of this contract will be paid for by the CFD. Attachment: Agreement between MuniFinancial, Inc. and the City of Temecula CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 1, 1997, between the City of Temecula, a municipal corporation ("City") and MuniFinancial, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, parties agree as follows: 1. TERM. 'This Agreement shall commence on July 1, 1997 and shall remain and continue in effect until tasks described herein are completed, and will be renewed annually, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. 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 utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant quarterly, in accordance with the payment rates and terms and the gchedule 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 the sums set forth in Exhibit A for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoice quarterly according to the payment schedule set forth in Exhibit B. Invoices shall be submitted on or about the first business day of each quarter for services provided throughout the year. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. Page 1 e SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least thirty (30) 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. 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 Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have thirty (30) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts 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. Page 2 b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer data 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 for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, 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 REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. Page 3 b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer'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 Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. Page 4 (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage.. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the consultant's insurer may provide complete, certified copies of all required insurance 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. Page 5 b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of 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 oecasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFO~TION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and 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. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention: City Manager Page 6 To Consultant: MuniFinancial, Inc. 38765 Single Oak Drive, Second Floor Temecula, California 92590 Attention: Lyn Gruber 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, Consultant shall provide City fourteen days' notice prior to the departure of Lyn Gruber from Consultant's employ. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 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 contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force of 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 THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. This space intentionally left blank Page 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Patricia H. Birdsall Mayor Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT MUNIFINANCIAL By Harry Clark CEO Page 8 EXHIBIT A TASKS TO BE PERFORMED Section 2 of the Agreement specifies the Scope of Services to provide special district administration services itemized in the following paragraphs: MuniFinancial provides full service administration for CFD's, Arbitrage, Municipal Disclosure and Delinquency Management.. We recommend that all of our services be used for strong parmership and continuity between City staff and MuniFinancial. The City can recover all costs associated with CFD annual administration, either through the special tax levy or payment by requester for special services. Annual Mello-Roos Community Facilities District Administration MuniFinancial will: Prepare a comprehensive Annual Special Tax Levy Report (Report). This Report will include: (a) the identification and recovery of all CFD administrative costs; (b) review of fund balances to identify any surplus funds; (c) debt service requirements; (d) delinquency summaries; and (e) related recommendations or issues. . Annually calculate and apportion the special taxes as specified in the Rate and Method of Apportionment of Special Tax. We will prepare an annual resolution for application of the special tax to the County tax roll if required by CFD formation documents. . Maintain and periodically update an electronic database containing parcel basis data and annual special tax levy amounts by Assessor's Parcel Number. . Provide special tax levies for each parcel by Assessor's Parcel Number, formatted in the required configuration on 9-track magnetic tape (or other required media), to the County Auditor-Controller's Office for placement on the annual property tax roll. . Research and, if possible, resubmit installment amounts that are unapplied by the County Auditor-Controller's Office. Any special tax installments that cannot be collected on the County property tax roll will be invoiced manually by MuniFinancial on behalf of the City. , Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding special tax installments and related information. . Monitor delinquencies each January and May and submit periodic reports to the City. We will provide a list of delinquencies requiring initiation of judicial foreclosure or other legal proceedings. Exhibit A Page I o . Provide an annual report to California Debt and Investment Advisory Commission (CDIAC) by October 30 if required by the California Government Code, Section 53359.5(b), as amended. Prepare the "Notice of Special Tax" as required by the California Government Code, Sections 53340.2(b) and 53341.5, as amended. 10. Be available to attend Council meetings. 11. 12. Calculate written prepayment quotes for individual special tax liens, as described in the Rate and Method of Apportionment of Special Tax or by resolution. For parcels prepaying the special tax, MuniFinancial will coordinate the removal of the lien. The fee for this service is $125 per calculation, to be paid by the requester. Perform all required bond call spreads and coordinate the early redemption of outstanding bonds. The fee for this service is hourly using our then-current hourly rates. Delinquency Management Services MuniFinancial will: . . . . Monitor delinquent installment payments in December and April of each year, and provide delinquency detail and summary-by-district reports identifying all delinquent parcels and the corresponding delinquent installment amounts to the City. Monitor outstanding delinquencies and submit periodic reports to the City. These reports will include aging and current status of all delinquent installments, including direct payments to the County, and parcels undergoing judicial foreclosure or other proceedings. Upon authorization from the City, send delinquency reminder letters to each delinquent property owner in an attempt to cure the delinquency. If the delinquency has not been cured at the County within 30 days of the mailing of the reminder letter, upon authorization from the City, MuniFinancial will send a delinquency demand letter informing each property owner that if the delinquency has not been cured at the County within 30 days of the mailing of the demand letter, the City may elect to initiate judicial foreclosure proceedings to collect the delinquent installments. Each demand letter is to be mailed with a brochure providing answers to commonly asked questions regarding delinquencies. Provide a toll-free "800" telephone number at MuniFinancial to field inquiries from City staff, parcel owners, lenders and other interested parties concerning annual installments and delinquencies. . Upon authorization from the City, cause the removal of the delinquent installments for the current and/or prior tax year(s) from the County tax roll and send a final twenty-one (21) day delinquency foreclosure letter to the property owner demanding immediate payment to be made directly to the City within 21 days of the mailing of the final foreclosure letter. This final foreclosure letter will include data fields that calculate the delinquent installments, statutory penalties, interest, administrative fees, and County costs, etc. The Exhibit A Page 2 7, , final foreclosure letter will instruct that the payments to the City will be mailed to MuniFinancial and MuniFinancial will then transmit the payment to the City after posting the payment information in its database. Each final foreclosure letter will be mailed via certified mail, return receipt requested and regular mail, and with a brochure providing answers to frequently asked questions regarding delinquencies. Obtain authorization from the City for the initiation of judicial foreclosure proceedings by the Law Offices of Owen, Bradley & Bartram, or such other special judicial foreclosure counsel which has been designated and retained by the City ("Foreclosure Counsel") to collect delinquent special taxes and/or special assessments including applicable, statutory penalties, interest, administrative and attorney fees, and other authorized costs. Instruct Foreclosure Counsel to obtain a Title Report, Litigation Guarantee, or similar title insurance policy. MuniFinancial will also instruct Foreclosure Counsel to use the information contained therein to persuade record lienholders that it is in their best interest to pay the amounts required to cure all delinquencies, penalties, interest, administration fees, attorney fees, and other authorized costs. The cost of such Title Report, Litigation Guarantee or similar title insurance policy shall be initially borne by the City but shall ultimately be paid by or on behalf of the delinquent property owner in the foreclosure proceedings. Work with Foreclosure Counsel to initiate judicial foreclosure proceedings for all assigned delinquencies in accordance with bond foreclosure covenants and to perform "subsequent foreclosure" services for the City. All payments made by the City to MuniFinaneial for delinquency management services and to Foreclosure Counsel for judicial foreclosure services will ultimately be paid by the delinquent property owner(s) to the extent that either MuniFinancial or Foreclosure Counsel, as the case may be, is successful in: (a) obtaining a redemption of the delinquency from the property owner(s), (b) settling the action with the City's approval, or (c) obtaining a judgment in the foreclosure action. "Subsequent foreclosure" services entail: Preparing and forwarding to Foreclosure Counsel, a detailed report of the parcels, the delinquency information with respect thereto (including the amounts of principal, penalties, interest, MuniFinancial's administration fees, any City's fees to be collected as part of the foreclosure process and County charges for tax roll removal, recording charges and the like), and other documents required by Foreclosure Counsel to commence the foreclosure proceedings. Providing Foreclosure Counsel with the necessary City resolutions and other documents to proceed with the judicial foreclosure process. Monitoring and reporting to the City upon the activities of Foreclosure Counsel regarding the parcels in foreclosure and making certain Foreclosure Counsel sends periodic reports to the City and MuniFinancial. Keeping the City and Foreclosure Counsel apprised of special situations arising of which we first become aware, such as bankruptcies of parcel owners, County tax foreclosure sales, deed of trust "trustee" foreclosure sales, etc. Exhibit A Page 3 Continue to handle calls from the City, its staff, parcel owners, title companies, lienholders and other interested parties concerning the status of parcels in foreclosure through a toll-free "800" number established for such purposes. If any parcels are participating in a County delinquent ad valorem tax payment plan, MuniFinancial may, after an individual case-by-case analysis, remove the delinquent special tax or assessment portions from such plan and forward the delinquencies to Foreclosure Counsel for foreclosure or establish a payment plan for such delinquencies with the owner of the delinquent parcels, at the City's election. Provide Foreclosure Counsel with "subsequent year" delinquency information consisting of: 1) installments that become delinquent on parcels already in foreclosure, and' 2) confirmation that such new delinquent installments have been removed from the County tax roll. This will preclude the need for Foreclosure Counsel to file a new foreclosure proceeding for installments becoming delinquent while a proceeding is already in progress. Generally responding to all inquiries from City staff and Foreclosure Counsel regarding the status of any foreclosure action and other pertinent, relevant information. Suggested additional services: MuniFinanciai will attempt to negotiate a repayment schedule (payment plan) acceptable to the City to cure the delinquency and avoid initiation of judicial foreclosure. MuniFinancial will not retain any payment received from a delinquent property owner, but will transfer all such proceeds directly to the City. No payment plan shall be entered into with a parcel owner unless specifically approved by the City. Arbitrage Rebate Services MuniFinancial will: 1. Review each issue to determine whether it is subject to the rebate requirement. 2. Identify bond funds subject to arbitrage rebate and will determine what exceptions are available to the issue. , Trustee expenditure and earned revenue statements provide the cash flow detail needed to perform the arbitrage rebate calculation. In the absence of a Trustee, the City's own accounting records of cash flow and daily investment activity will be used. 4. Once the necessary data is gathered, the computation and rebate liability report can usually be completed within two weeks. 5, MuniFinancial consultants are available to review each report with City staff. In addition to identifying any arbitrage liability, each report contains a separate investment yield comparison and analysis for every fund. We provide the information you need to analyze your investment strategies and the impact on future rebate liabilities. Standard features also include the following items as defined by U.S. Treasury Regulations: Exhibit A Page 4 . . o . 10. · Explanation of calculation methodology · Overview of applicable rebate requirements and treasury regulations · Summary of all pertinent dates · Identification of major assumptions · Review of sources and uses of funds · Bond yield calculation · Investment yield by fund with comparison to bond yield · Rebate liability by fund · Aggregate liability for the issue Coordinate the filing of IRS Form 803 8-T and provide instructions for installment payments as necessary. Maintain close contact with City's staff by informing you of any future changes in the rebate regulations, court decisions, and other events that may affect compliance requirements. Changes affecting previous calculations will automatically be incorporated into all future rebate updates. In the event of an audit, MuniFinancial will provide all supporting documentation used to prepare the calculations. At the discretion of the City, a member of our staff will be available for representation of the rebate calculations. Fees for this service will be charged at our then current hourly rate. Review the City's current policies and procedures for tracking cash flow and investment earning allocations. If these systems do not provide sufficient detail to adequately calculate and monitor rebate liability, MnniFinancial will make specific recommendations to ensure full compliance with all applicable federal regulations. Coordinate with City staff, bond counsel, trustees, and others to implement any recommended changes in policies and procedures. Municipal Disclosure Services With respect to the City of Temecula's outstanding municipal Securities, MuniFinancial will provide general assistance and advice on ongoing disclosure matters. This will include both the preparation and distribution of information. In order to help ensure compliance with relevant requirements and also to keep disclosure fees to a minimum, MnniFinancial will assist the City in developing realistic reporting requirements for the disclosure documents. In connection with the preparation of the City's disclosure documents, MuniFinancial will provide the following services: Continuing Disclosure/District Information Sheets 1. Set Up Using data to be provided by the City, MuniFinancial will establish a database in our internal computer system so that District Information Sheets can be generated. 2. District Information Sheet Preparation Exhibit A Page 5 On an annual basis, District Information Sheets containing pertinent information relating to the City's outstanding bond issues will be generated. Please note, MuniFinancial reserves the right to change the form and content of the District Information Sheets to the extent necessary and appropriate. 3. Dissemination After the review and concurrence of the City, MuniFinancial will duplicate and disseminate the District Information Sheets to each Nationally Recognized Municipal Information Repositories (NRMSIR) or to the Municipal Securities Rulemaking Board (MSRB), and the appropriate state information repository (SID) and all other parties as directed by the City in a timely manner. Exhibit A Page 6 Fees for Services The number of parcels and districts shown below are the basis of this proposal If the actual number varies substantially, it may cause a change in our fee structure. All hourly rates, fees, and expense rates are subject to increase, not to exceed the Consumer Price Index within the applicable area. However, MuniFinancial reviews fees annually and often reduces fees after the second year of our administrative efforts. Annual Mello-Roos Community Facilities District Administration (Fees are fully recoverable through the annual special tax levy.) Armual District Number of Parcels Issue Amouat Administration Fee 88-12 (Ynez Corridor) 87* $18.3 M $6,800 *In addition, there will be a $6.00 per parcel charge for all parcels added to the districts after the 1997-98 fiscal year. Prepayment Calculations (per request or as negotiated) (Paid by requesting party.) $ 125 Notice of Special Tax (per request) (Paid by requesting party.) $ 10 Delinquency Management Services Per-Parcel/Per-District Fees: The following fees are on a per-parcel/per-district basis, are invoiced to the City as the service is rendered, and are ultimately paid by or on behalf of delinquent property owners: Delinquency 30-Day Reminder Letter $ 10' Delinquency 30-Day Demand Letter $ 35* Final Delinquency 21-Day Foreclosure Letter $ 53** Prepare and Monitor Payment Plan $ 200 *This fee to the City will be automatically added to the following year's assessment levy for each parcel. **This fee includes postage for sending the letter via regular mail and certified mail, return receipt requested. Exhibit A Page 7 Per-Parcei/Per-District/Per-Tax-Year Fee: The following fee is on a per-parcel/per- district/per-tax-year basis, is invoiced to the City as the service is rendered, and is ultimately paid by or on behalf of delinquent property owners: Tax Roll Removal $ 102' *This fee DOES NOT include the County tax roll removal charge, or similar fee, if any. This fee DOES include compliance with Section 8833 of the California Streets and Highways Code and/or Section 53356.2 of the California Government Code, which sections requires recording of a Notice of Intent to Remove Delinquent Special Assessments from the County Tax Roll, including the notary public acknowledgment charges and the charges to record the Notice and remove the Notice of Record upon redemption of the removed special taxes or assessments. All such charges of the County for tax roll removal, notary public fees, and recording and removing the Notice are ultimately paid by or on behalf of the delinquent property owners. Subsequent Foreclosure Service Fee: The following fee is on a per-parcel basis, is invoiced to the City only after it has been paid to the City by Foreclosure Counsel, and is also ultimately paid by or on behalf of delinquent property owners: Subsequent Foreclosure Fee $ 150 Arbitrage Rebate Services The table below provides standard fees for the calculation options available to the City of Temecula's debt financings subject to the rebate requirement. Guidance on the required frequency of calculations is addressed in the Indenture. Calculation Options i Set Up Calculation Total Fee1 Annual First Annual Calculation $500 $1,250 $1,750 Subsequent Annual Calculations $1,250 $1,250 First and Fifth Year Only First Year Calculation $500 $1,250 $1,750 Fifth Year Installment Date Calculation $2,000 $2,000 Fifth Year Only Fifth Year Installment Date Calculation $500 $2,000 $2,500 ~These fees do not include below listed Additional Service Fees, such as transferred proceeds analysis, which will be charged on an as needed basis. All fees may be increased annually to reflect changes in the Consumer Price Index in the applicable area. Base Calculation Fees Initial Setup Fee First Annual Rebate Calculation Fifth Year Installment Date Calculation Semi-Annual Spend-down Analysis 500 1,250 2,000 1,000 Exhibit A Page 8 Additional Service Fees Extension Fee for Additional Computation Periods (per year) Allocation of Interest Earnings on Commingled Funds (per fund) Transferred Proceeds Analysis (per fund) Variable Rate Issues (per bond year) Preparation of IRS Form 8038-T $ 250 $ 25O $ 25O $ 250 No charge Municipal Disclosure Services Document Preparation Fee First Year Set-Up Fee Annual Report Preparation Significant Event Notice Official Statement Preparation District Information Sheet (per report) $ 300-500 $1,500-5,000 Hourly Rate Negotiable $ 250* Dissemination Fees Annual Report (per recipient) Notice of Material Events (per event) District Information Sheet $ 25* $ 100' No Charge *This fee may be increased annually to reflect changes in the Consumer Price Index. The fee for preparation of the annual report and District Information Sheets assumes that the City will provide data and information as may be reasonably accessible to the City. Any additional expenses for special reports from third parties, including California Municipal Statistics, Inc., will be included in the above fee and billed to the City at our cost with no overhead markup. MuniFinancial reserves the right to charge fees directly to parties, other than those specified in the Scope of Services, requesting copies of the Disclosure Reports. Exhibit A Page 9 ITEM 15 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: City Council FROM: City Manager DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT November 25, 1997 Election of Council Officers for the year 1998 PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: 1. Entertain motions from the City Councilmembers to elect the Mayor to preside until the end of calendar year 1998. , Entertain motions from the City Councilmember to elect the Mayor-Pro Tem who will assume the duties of the Mayor in the Mayor's absence and hold this office until the end of calendar year 1998. BACKGROUND: The City Council selects a member to serve as Mayor and Mayor Pro-Tem annually. These offices are assumed at the first meeting of the City Council in January and the newly elected Mayor and Mayor Pro-Tem preside through the calendar year of 1998. As a result of the retirement Mayor Birdsall, the current Mayor Pro-Tern will serve as the presiding officer for the remainder of this year. R:\agenda.rpt\Mayor 1 ITEM 16 DEPARTMENTAL REPORTS CITY ATTORNEY FINANCE DIRECTOr... CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: eCOUncil/City Manager oseph Kicak, Director of Public Works/City Engineer mber 25, 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 October, 1997. r:\agdrpthnoactrpt/ajp CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report OCTOBER 1997 Submitted by: Joseph Kicak Prepared by: Don Spagnolo Date: November 25, 1997 I. WORK UNDER CONSTRUCTION: 1. 1-15/Winchester Road Interchange Modifienti0ns: The project is complete and maintenance of the improved areas including the widened section of the Winchester Road (79N) bridge, northbound exit ramp and auxiliary lane, and the northbound loop entrance ramp has been transferred to Caltrans. 2. I-IS/Rancho California Road Interchance Modifications: -- A construction contract was awarded to Riverside Construction Company on the October 28, City Council meeting. A preconstmcfion meeting will be scheduled during the month of December. GTE's phone line relocation work currently under construction has been delayed due to a cable shortage and the work will be completed in mid-January. This project includes widening the Rancho California Road Bridge and provides a new northbound loop entrance ramp. 3. Traffic Simml at $R-79S and Bedford Court: This project has been completed and the signal was energized on October 16. This project is scheduled to be accepted by the City Council at the November 18 meeting. 4. City Wide Intelligent Traffic Management S_vstem ffFMS~: The contractor is awaiting delivery of traffic signal controllers and cabinets prior to completion of the project. The consultant is in the process of purchasing the computer system and installing the software which wig control the interconnect system. The project should be completed and in operation by January 1998. 5. ADA Imnrovement Proiect: - _ City Council awarded a contract to Mod Craft, Inc. at the October 7 meeting to construct sidewalk access mn~, install new playground equipment, and to provide a rubberized surface around existing play equipment for access by wheel chairs at Veterans Park, John Magee Park, and Cage Aragon Park well as ADA improvements to Rancho Vista fields at the Rancho California Sports Park. A pre-construcfion meeting is scheduled for November 20. H. WORK IN DESIGN: 1. I-IS/Overland Drive Over Crossinc Imnrovements: The roadway plans have been submitled and signed by Caltrans (District 8). The structural plans have already been approved and signed by Caltrans, Division of Structures. SCE is also working on the design for the relocation of the existing 115, 33, & 12 KVA overhead power lines. These lines are scheduled to be relocated concurrently with the construction of the proposed Overland Drive Over Crossing Improvements. The R:~I OACTRPT~CIP\9 7~lOV. MAR ~ 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. Margarita Community Park: The plans are presently under final review by the School District. The project improvements will include picnic areas, a tot lot area, restrooms, and open turf areas as well as widening Margarita Road adjacent to the park to its ultimate width. Development of the two ball fields and the installation of two lighted tennis courts and one lighted roller hockey 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 Pavement Management System: The consultant has submitted a report with specific design parameters which includes methods of road repair and potential changes in ~he general cross slope of road. An amendment is being processed for the consultant to perform extra field and office work to remove and reconstruct several damaged driveways along Jefferson Avenue. The consultant anticipates submitting plans within four weeks after the amendment is processed. This project will provide street rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road. This project will also include the installation of street lighting along the entire length of the project. 4. Pavement Mana~_ement s~t~n Up-Date: The consultant is in the process of finalizing the report as well as, 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 maintained system, preparing a new 5-year street maintenance program, and updating the computer generated City map. 5. Winchester Road & Ynez Road Street Widening: The consultant submitted the 95 % design of the proposed improvements for review by the City and Caltrans during the week of November 3. Utility Co~es are also reviewing the plans to identify potential conflicts with the proposed improvements. The scope of work includes the street widening improvements on the south side of W'mche~r Road between Ynez Road and Margarita Road, and the improvements on the east side of Ynez Road between Winchester Road and Overland Drive. 6. Overland Drive Street Imnrovements & Margarita Road Street Widenine.- The consultant is in lhe process of submitting the construction plans of the proposed improvements on Overland Drive between Ynez Road and Margarita Road and Margarita Road from Overland Drive to Winchester Road for City review the week of November 3. 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" di_ameter storm drain pipe along the southerly park boundary to drain the proposed subdivision as well as the park. Plans for the slopes and storm drain improvements were submitted by the developer the week of November 10 for staff's review. Public bidding for the project is anticipated to begin the first week of December. The project consists of a 4.5 acre neighborhood park with various improvements including restrooms, basketball courts, volleyball courts, play equipment, polygon shelters with picnic tables, concrete R:~VI OACTRPT~CIP\97~N OV.MAR ~eh Monthly Activity Report November 25. 1997 Page 3 December. The project consists of a 4.5 acre neighborhood park with various improvements including restrooms, basketball courts, volleyball courts, play equipment, polygon shelters with picnic tables, concrete walkways, and a parking lot. 8. F!ashin~ Beacor~g at Various Locations: -- The consultant has completed all the necessary field work, and is 95% complete with the design. The consultant is expected to submit the plans for City review during the week of November 17. This project consists of installing flashing beacons that warn of children in the immediate area at 10 different school sites throughout the City. 9. Cosmic Drive and Aeena Street - Street Sidewalk Proiect #6: -- -- The project consists of the installation of sidewalks on the west side of Cosmic Drive between Rancho California Road and Agena Street and south side of Agena Street between Santa Cecilia Drive and Cosmic Drive. The design consultant submitted revised drawings for second plan check on October 30. The project is anticipated to bid by mid December. 10. Margarita Road Sidewalk (Rancho Vista to Pauba): The improvements 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 located across from the high school and also improve access to the Rancho California Sports Park. Also, as part of the design, additive alternate improvements will include ADA ramp access from Margarita Road to the adjacent hallfields along with an expanded parking area. First plan cheek review has been completed by staff and revisions to the drawings are currently underway. 11. 1-15/Winchester Southbound Off-ramn Widenira,: The consultant has completed the surveying, geoteehnical, and environmental work for this project. The project will provide an additional left turn lane from the southbound off-ramp onto Winchester Road. This project will also require a retaining wall between the southbound off-ramp and the southbound loop on-ramp due to the existing grades in the area of the ramp widening. The consultant is expected to submit the first plan cheek to Caltrans and the City in the first week of December. 12. Winchester Road Median The consultant has complet~xl all field surveying and traffic analysis. This project includes installation of median island with landscaping and irrigation along Winchester Road between Enterprise Circle West and Jefferson Avenue along with the installation of a traffic signal at Enterprise Circle West. Also, the existing median island at Jefferson Avenue will be modified to provide for a longer left turn pocket for east bound traffic. The consulmat is expected to submit for first plan check the first week of December. 13. Pala Road Bridge; A Consultant was selected to perform the work necessary to construct a new bridge on Pala Road over Temecula Creek and a contract was 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 that a new bridge be constructed, two new traffic signals to be installed, the removal of one traffic signal, the installation of sound walls, sidewalks, landscaping, irrigation, street lighting, bike lanes, signing, striping, channel improvements, and provisions for Weftand Mitigation. R:~M OACTRPT~CIP\9 7 ~N OV.M AR LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS OCTOBER 1997 Submitted by: Joseph Kicak Prepared by: Ronald J. Parks Date: November 17, 1997 · PW95-07 - Phase I Western Bypass Corridor: The design of Interstate 15/State Route 79 South (I-15/SR79S) interchange improvements including the design of Front Street realignment and its intersection with Western Bypass Corridor are complete. The project is scheduled to be advertized for bidding by mid-December. The remaining Bypass Corridor is being redesigned as part of the Rogersdale Entertainment Center(Buffman) improvement plans. 2. PW95-08 - First Street Extension: The City Attorney's Office is in the process of negotiating with the affected property owners for acquisitions. Right-of-way documents have been prepared and forwarded to the appraiser. 3. PW95-26 - 6th Street Parkin(] Proiect: The project has been completed other than painting of the cage over the backflow preventor. The parking and restrooms are currently being utilized. The General Contractor failed to pay some of his sub-contractors and we are holding bonds and final payment. Upon receipt of Contractor's affidavit and final release and the required maintenance bond, the project may be scheduled for completion noticing in December. ~ PW96-05 - Proiect Study Reoort {PSR! And Proiect Reoort (PR! For Ultimate Interchan(]e Imorovements at Interstate 15/State Route 79 South (I-15/SR79S~: The vehicular impacts for this project need to be clarified and updated before further analysis can be reviewed. Caltrans has raised some concerns about the Margarita Canyon Tentative Map for a commercial subdivision in that area. Their comments about the project is currently being reviewed by staff. 5. The Re(]ional Mall Proiect: The plans for the second phase of grading have been submitted for review. These plans show storm drains and preliminary grading for the pads and are also being reviewed by Riverside County Flood Control. The design of the perimeter street improvements are in progress and right-of-way acquisition is being initiated. The projects appear to be proceeding according to schedule. R :~MOAC~I'RPr~Ev~OCT.WPD MEMORANDUM TO: FROM: DATE: Joseph Kicak, Director of Public Works/City Engineer Brad Buron, Maintenance Superintendent November 4, 1997 SUBJECT: Monthly Activity Report - October, 1997 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of October, 1997' SIGNS A. Total signs replace 25 B. Total signs installed 118 C. Total signs repaired 2 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns 19 III. POTHOLES A. Total square feet of potholes repaired 186 IV. CATCH BASINS A. Total catch basins cleaned 539 V. VI. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. 87.981 8 10.650 VII. STENCILING A. 395 New and repainted legends B. 100 L.F. of new and repainted red curb and striping R:~NIAINTAIN~I 0 ACTRPT~9 7\O CT.RPT Also, City Maintenance staff responded to 54 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 44 service order requests for the month of Seotember. 1997. The Maintenance Crew has also put in 34 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 October. 1997 was $148.749.24 compared to $~,~_9_0_,3.,.~ for the month of Se_~tember. 1997. Account No. 5402 $112.949.24 Account No. 5401 35.800.00 Account No. 999-5402 ~ CC: Don Spagnolo, Principal Engineer- Capital Projects Ron Parks, Principal Engineer- Land Development All Moghadam, Associate Engineer - (CIP/Traffic) R:~NIAIN TAI N~I OACTRPT~97\O CT.RPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 1997 DATE DESCRIPTION TOTAL ~ STREET/CHANNEL/BRIDGE ~ COST CONTRACTOR; Date: 10/21/97 L. Williams Landscaping Trimmed 20 Eucalyptus Trees # 5402 Ynez Road @ Vallejo Avenue TOTAL COST $ 5,000.00 Date: 10/13/97 All Concrete Construction 215 L.F. R&R Curb & Gutter 9,832 S.F. R&R Sidewalk # 5402 Citywide P.C.C. Repairs Total P.C.C. 137 Yds. TOTAL COST $40,862.00 Date: 10/29/97 Pacific Striping Inc. 9,540 L.F. of Restriping # 5402 La Serena and Diaz TOTAL COST $1,326.18 Date: 10/22/97 Hardy & Harper Inc. 3,761 S.F. of 4" Remove & Replace 530 S.F. of 1.5" AC Overlays # ~ Citywide A.C. Repairs Total A.C. 90 Tons TOTAL COST $10,685.55 Date: 10/03/97 Pestmaster Services Weed Abatement, Herbicide Applications and Debris Removal # 5402 Various City Owned Sites TOTAL COST $4,800.00 R:~VlAINTAI N~I OACTRPT~9 7 \OCT.RPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 1997 DATE DESCRIPTION TOTAL ~ STREET/CHANNEL/BRIDGE ~ COST Date: 10/20/97 Pestmaster Services 64,388 L.F. of uCrack" Spraying # 5402 Citywide "Crack" Spraying For Slurry Seal Project TOTAL COST $2,575.51 Date: 10/21/97 A-Park Avenue Builders Construct 6' x 200' Retaining Wall Backfill with 1-1/2" Rock # 5402 Walcott Lane @ Klarer Lane TOTAL COST $23,900.00 Date: 10/21/97 A-Park Avenue Builders 15,330 S.F. of 4" A.C. Paving 710 L.F. of 6" A.C. Dike # 5402 Walcott Lane Total A.C. 380 Tons TOTAL COST $23,800.00 Date: # TOTAL COST Date: TOTAL COST i TOTAL S.F. AC 20,331 TOTAL A.C. 470 TONS TOTAL AMOUNT ACCT TOTAL S.F. P.C.C. 10,047 #5402 $112.949.24 TOTAL P.C.C. 137 YDS 4 R:~VlAINTAIN~IOACTRPT~97\OCT.RPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 1997 DATE DESCRIPTION TOTAL ~C_~_Q.UJ~LT STREET/CHANNEL/BRIDGE ~ COST #5401 SIZE CONTRACTOR: , Date- 10/16/97 Becker Engineering Place Rip-Rap and Slurry Seal Channel # 5401 "C" Street Channel TOTAL COST $4,950.00 Date: 10/14/97 Becker Engineering Construct 10 Down Spours for Edge of Pavement Protection # 5401 Calle Girasol @ Nicholas Road TOTAL COST $4,950.00 Date: 10/08/97 Becker Engineering Rip-Rap & Slurry Head Walls # 5401 Calle Girasol TOTAL COST $4,900.00 Date: 10/09/97 Sackett Construction Slurry Around Existing Rip-Rap for Erosion Control # 5401 Calle Chapos TOTAL COST $4,820.00 Date: 10/06/97 Sackett Construction @ 3 Locations Slurry Award Existing Rip-Rap For Erosion Control # 5401 Calle Chapos @ Walcott Lane TOTAL COST $4,780.00 R:~IAINTAIN~IOACTRPT~97 \OCT.RPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of October, 1997 DATE DESCRIPTION TOTAL ~ STREET/CHANNEL/BRIDGE ~ COST #5401 SIZE CONTRACTOR: Date' 10/01/97 Monteleone Excavating Clean Channel at West End of Moraga School # 5401 Margarita Road TOTAL COST $2,500.00 Date: 10/27/97 Monteleone Excavating Construct 2 Desilting Ponds # 5401 Jedediah Smith Road @ Calle De Velardo TOTAL COST $4,200.00 Date: 10/27/97 Monteleone Excavating Construct 3 Desilting Ponds # 5401 John Warner Road & Vallejo Avenue TOTAL COST $4,700.00 Date: # 5401 TOTAL COST Date: # 5401 TOTAL COST ITOTAL AMOUNT ACCOUNT #5401 ,35,800.00 R:~MAINTAIN~VlOACTRPT~97\OCT.RPT z°~m O'T, · o o o ooo o oo oo oo c~ ~0 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF OCTOBER , 1997 DATE [ LOCATION ] WORK COMPLETED 10/03/97 Butterfield Stage ~ DePortola Removed 9 S.F. of Graffiti 10/03/97 Rancho Califoria Road ~ Diaz Removed 31 S.F. of Graffiti 10/06/97 Duck Pond Removed 75 S.F. of Graffiti 10/16/97 Temecula Creek ~ Lower Hwy 79 Removed 10,000 $.F. of Graffiti 10/17/97 Desert Shadow Apartments Removed 170 S.F. of Graffiti 10/20/97 Skate Park ~ Sports Park Removed 300 S.F. of Gra_ffiti 10/23/97 Rancho Vista Across From CRC Removed 40 S.F. of Graffiti , 10/27/97 Bedford Court ~ Hwy 79 South Removed 25 S.F. of Graffiti TOTAL S.F. GRAFFITI REMOVED 10.650 TOTAL LOCATIONS 8 R:~O~Iq'rAIl~WKCMPLTD\GRAFF1TIk97~OCTOBER.WPD CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF OCTOBER, 1997 DATE LOCATION REQUEST DATE WORK RECEIVED COMPLETED 10/01/97 31160 Calle Aragon Tree Trimming 10/01/97 10/01/97 31367 Corte Montiel S.N.S. Missing 10/01/97 10/02/97 41555 Avenida De La Reina Tree Trimming 10/02/97 01/02/97 29762 Wind Wood Circle Manhole Cover Missing 10/02/97 10/03/97 41865 Asteroid Tree Trimming 10/03/97 10/06/97 29730 Marhill Circle Tree Removal 10/06/97 10/06/97 30650 Open Court Tree Removal 10/06/97 10/06/97 43762 Butternut Drive Trash Concern 10/06/97 10/06/97 30308 Santa Cecilia Tree Trimming 10/06/97 10/07/97 33191 Kahwea Road Gate Open 10/07/97 10/07/97 30902 Kiowa River Court Tree Trimming 10/07/97 10/07/97 42083 Kaffirboom Court Tree Trimming 10/07/97 10/07/97 41065 Avenida Verde Tree Trimming 10/07/97 10/08/97 Station #84 Debris Pick-up 10/08/97 10/08/97 29826 Via Puesta Del Sol Oil Spill 10/08/97 10/08/97 30305 Via Norte U.S.A. Markings 10/08/97 10/09/97 31470 Paseo Goleta Tree Trimming 10/09/97 10/09/97 De Portola Road ~ Pio Pico Road Channel Cleaning 10/09/97 10/09/97 Mira Loma Drive ~ Rancho Vista Road Tree Trimming 10/09/97 10/09/97 47385 Rainbow Canyon Road Culvert Cleaning 10/09/97 10/09/97 40110 Holden Circle Channel Cleaning 10/09/97 10/09/97 32120 Via Cordoba A.C. Repair 10/09/97 10/10/97 30230 Via Norte Slope Repair 10/10/97 10/13/97 30291 Nebula Catch Basin Cleaning 10/13/97 10/13/97 40501 Calle Medusa Catch Basin Cleaning 10/13/97 10/13/97 41200 Via Aguila Tree Trimming 10/13/97 1 I~,AINTAIl~WKCMPLTD~OR3~7~OCTOBER. RPT 10/13/97 41200 Via Aguila Tree Trimming 10/13/97 10/13/97 29111 Ynez Road Tree Down 10/13/97 10/14/97 30559 Iron Bark Tree Trimming 10/14/97 10/14/97 31610 Loma Linda Road Channel Cleaning 10/14/97 10/14/97 31890 Corte Mendoza Tree Trimming 10/14/97 10/14/97 30559 Iron Bark Court Tree Trimming 10/14/97 10/14/97 41116 Via Halcon Channel Cleaning 10/14/97 10/15/97 45630 Rainbow Canyon Road A.C. SinIcing 10/15/97 10/16/97 39612 Diego Drive Weed Abatexnent 10/16/97 10/17/97 31450 De Portola Road Channel Cleaning 10/17/97 10/20/97 41451 Yankee Run Court P.C.C. Repairs 10/20/97 10/20/97 29633 Calle Violetas Channel Cleaning 10/20/97 10/21/97 Longvale Court ~ Gatewood Way Sign Repair 10/21/97 10/21/97 43963 Gatewood Way Tree Concern 10/21/97 10/22/97 32195 Cour Magdelaine Trash Concern 10/22/97 10/24/97 29805 La Corona Debris Pick-up 10/24/97 10/27/97 29489 Via Las Colinas Channel Cleaning 10/27/97 10/28/97 Rancho California Road West To City Limits Degbris Pick-up 10/28/97 10/28/97 40084 Villa Venecia Tree Trimming 10/28/97 10/29/97 42085 Kaffirboom Court Tree Trimming 10/29/97 10/29/97 27065 Rainbow Creek Drive Storm Drain Cleaning 10/29/97 10/29/97 40246 Tuolumne Court Fluid Spill 10/29/97 10/299/97 27195 Rainbow Creek Debris Pick-up 10/29/97 10/30/97 30006 Corte Cantera Tree Trimming 10/30/97 10/30/97 30511 Spica Catch Basin Cleaning 10/30/97 10/31/97 27195 Rainbow Creek Drive Debris Pick-up 10/31/97 10/31/97 30483 Danube Court Tree Roots 10/31/97 10/31/97 106 S. Ramona (Hemet) Oil Spill 10/31/97 TOTAL SERVICE ORDER REQUESTS 54 2 R:~!AINTAn~WKC MPL~Rb~7~OC"TOBEIL RPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF OCTOBER, 1997 .... DATE ...... [ .................................. LocATION ' ' [ WORK COMPLETED 10/01/97 Pauba ~ Butterfield Stage Repl~ W-17 "T.C." 10/01/97 De Portola Road ~ End of Street Replaced W-31 Type "N" "T.C." 10/06/97 Tierra Alta ~ Avenida Alvarado Replaced R- 1 "T.C." 10/07/97 Calle Girosal South of Nicolas Installed 3 W-81 10/07/97 Riverton ~ Calle Chapos Installed 4 R-26 10/07/97 Walcot South of Klarer Installed Type "N" 10/07/97 Calle Chapos ~ Calle Girasol Installed 2 W-57 2 W6-15 10/07/97 La Serena ~ Walcott Installed 2 Type '~q" 4 W6-15 10/07/97 Rio Nedo ~ Aqua Vista Installed 2 S.N.S. 10/08/97 Margarita North of Pauba Installed 16 Delineators 10/09/97 Butterfield Stage ~ De Portola Installed R-26 3 R-81 10/10/97 Diaz ~ Winchester Replaced W-53 "Stolen" 10/14/97 Business Park Drive ~ Rancho Way Replaced Type "N" "Damage" 10/14/97 Corte Montel ~ Pasco Goleta Replac~ S.N.S. "Stolen" 10/16/97 Santiago ~ Quiet Meadows Replaced R-26 R-81 "Stolen" 10/16/97 ViaLobo Replaced 2 Type"N" W-31 "Faded" 10/16/97 Walcott ~ La Serena Installed 14 Carsonites 10/17/97 Walcott ~ Calle Chapos Installed 46 Carsonites 10/20/97 Del Rio Road North of Front Installed R-2 30 10/20/97 Del Rio Road South of Via Montezuma Installed 2 R-2 30 10/20/97 Pio Pico East of De Portola Installed 2 R2 35 10/20/97 Pio Pico West of Margarita Installed 2 R2 40 10/20/97 Jedediah Smith Road West of Margarita to Ynez Installed 2 R2 40 10/22/97 Longville Court ~ Gatewood Way Replaced R-1 T.C. 10/23/97 Rancho Vista East ofMira Loma Replaced R2 45 T.C. 10/23/97 Rancho California Road ~ Yukon Replaced R-7 T.C. 10/23/97 Margarita South of Rancho California Road Replaced 3 R-26D Faded I~LMNTAINXWKC MPLTD~SIGNS~9 7~OCTOBEIL RPT. 10/29/97 Nicolas Road ~ North General Kearny Installed 2 R= 1, 2 W- 17, 4 R- 1A 10/30/97 Calle Aragon ~ Rancho California Road Installed S.N.S. 10/30/97 Ynez ~ Pauba Replaced R-26D, R-81, G-36, 2 R-26D's 10/30/97 Amarita Way Replaced W-66, W-66A TOTAL SIGNS REPLACED 25 TOTAL SIGNS INSTALLED 118 TOTAL SIGNS REPAIRED 0 R:~JdIqTAI~WKCMPLTD\SIGNS"t97~oc'rOBER_P.~. CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF OCTOBER, 1997 10/01/97 Butterfield Stage North of De Portola Abated 8,800 $.F. ROW Weeds 10/06/97 Butterfield Stage North of De Portola Abated 54,000 S.F. ROW Weeds 10/06/97 Joseph Road South of Rita Place Abated 3,251 S.F. ROW Weeds 10/07/97 Joseph Road South of Rita Place Abated 9,500 S.F. ROW Weeds 10/15/97 Via Lobo Channel Abated 3,850 S.F. ROW Weeds 10/16/97 Via Lobo Channel Abated 60 S.F. ROW Weeds 10/21/97 30260 Cabrillo Abated 800 S.F. ROW Weeds 10/22/97 N. General Kearny Road @ Sierra Madre Abated 7,720 S.F. ROW Weeds , TOTAL S.F. R-O-W WEEDS ABATED 87.981 S.F. R:~iAINTAIN~WKCMPLTD\WEED S~97~OCTOBER. RPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF OCTOBER, 1997 DATE ] LOCATION I WORK COMPLETED 10/01/97 AREA # 1 CLEANED & CHECKED 31 UNDER S.W. DRAINS 10/02/97 AREA #1 CLEANED & CHECKED 20 UNDER S.W. DRAINS 10/03/97 AREA #1 CLEANED & CHECKED 28 UNDER S.W. DRAINS 10/06/97 AREA #1 & #2 CLEANED & CHECKED 28 UNDER S.W. DRAINS 10/07/97 AREA #2 CLEANED & CHECKED 25 UNDER S.W. DRAINS 10/08/97 AREA #2 CLEANED & CHECKED 35 UNDER S.W. DRAINS 10/13/97 AREA #3 CLEANED & CHECKED 35 UNDER S.W. DRAINS 10/14/97 AREA #3 CLEANED & CHECKED 23 UNDER S.W. DRAINS 10/15/97 AREA #4 CLEANED & CHECKED 21 UNDER S. W. DRAINS 10/17/97 AREA ~4 CLEANED & CHECKED 27 UNDER S.W. DRAINS 10/22/97 AREA #1 CLEANED & CHECKED 25 CATCH BASINS 10/23/97 AREA #1 CLEANED & CHECKED 50 CATCH BASINS 10/27/97 AREA #1 CLEANED & CHECKED 89 CATCHBASINS 10/28/97 AREA #2 CLEANED & CHECKED 76 CATCH BASINS 10/30/97 AREA #3 CLEANED & CHECKED 26 CATCH BASINS TOTAL CATCH BASINS CLEA~ED & CHECKED $39 ~MAIIqTAI~WKC MPLETD\CATCHBAS~7~BLANK. FRM CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF NOVEMBER, 1997 10/02/97 AREA #1 (See Daily for Locations) Repainted 52 Legends 10/08/97 AREA # 1 (See Daily for Locations) Repainted 40 Legends 10/09/97 AREA #1 (See Daily for Locations) Repainted 9 Legends 10/10/97 AREA #1 (See Daily for Locations) Repainted 22 Legends 10/13/97 AREA #1 (See Daily for Locations) Repainted 31 Legends 10/14/97 AREA #1 (See Daily for Locations) Repainted 46 Legends 10/15/97 AREA #1 (See Daily for Locations) Repainted 40 Legends 10/16/97 AREA #1 (See Daily for Locations) Repainted 34 Legends 10/17/97 AREA #1 (See Daily for Locations) Repainted 12 Legends 10/20/97 Traffic Division Work Orders Installed 10 New Speed Legends 10/22/97 AREA #1 (See Daily for Locations) Repainted 13 Legends 10/23/97 AREA #1 (See Daily for Locations) Repainted 14 Legends 10/27/97 AREA #1 (See Daily for Locations) Repainted 10 Legends 10/28/97 AREA #1 (See Daily for Locations) Repainted 16 Legends 10/29/97 Nicholas Road ~ North General Kearny Road Installed 17 Legends 10/30/97 AREA #1 (See Daily for Locations) Repainted 10 Legends 10/31/97 AREA #1 (See Daily for Locations) Repainted 19 Legends TOTAL NEW & REPAINTED LEGENDS 395 L.F. OR NEW & REPAINTED RED CURB & STRIPING 100 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DMSION RIGHT OF WAY TREE TRIMMING MONTH OF OCTOBER, 1997 ]DATE LOCATION' " WORK'COMPLETED 10/07/97 30650 Open Court TRIMMED 1 R.O.W. TREES 10/07/97 29730 Marhill Circle TRIMMED 1 R.O.W. TREES ,, 10/07/97 30902 Kiowa River Court TRIMMED I I~O.W. TREES 10/08/97 418(;5 Asteroid TRIMMED I R.O.W. TREES , ,. 10/09/97 Del Key ~ Avenida Verde TRIMMED 2 R.O.W. TREES 10/09/97 41597 Avenida De La Reina TRIMMED I P,.O.W. TREES 10/21/97 30260 Cabrillo TRIMMED 2 R.O.W. TREES __ 10/22/97 North General Kearny ~ Sierra Madre TRIMMED 6 I~O.W. TREES __ . 10/23/97 Rancho Vista ~ Meadows TRIMMED I R.O.W. TREES 10/23/97 Margarita South oflhncho California Road TRIMMED 2 R.O.W. TREES 10/27/97 Nicolas Road West of North General Kearny TRIMMED 1 R.O.W. TREES , , , ,, . , ,. TOTAL ILO.W. TREES TRIMMED 19 R:~4AiNTAIN~WK. CM PLTD\TRE E S~7~OC'I'OB E R. RFI' APPRO~ ~'"~ CITY ATTORNEY ,,. DIRECTOR OF FINAN'~E. CITY MANAGER .... TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director~;>'~ November 25, 1997 Monthly Report RECOMMENDATION: Receive and File Discussion: The following is a summary of the Community Development Department's Planning Division caseload and project activity for the month of September/October 1997: Caseload Activity: The Department received applications for 74 administrative cases and 12 applications for public hearing cases for the month of September/October. The following are the public hearing cases: · Change of Zone 2 · Parcel Map (sewers) 4 · Development Plan - Subject to CEQA 3 · Development Plan - with CEQA 2 · Tentative Tract - res not R2/R4 I Total 12 Attachments: . List of Activities with Detail - page 2 Revenue Status Report - page 3 R:~O~Y. RPT~1997~EPT-4DCT.WPD 11/18/97 V~W Ongoing Pro!ects: Sion Ordinance: This item will be scheduled for City Council consideration in upcoming months. Electric Vehicle Charoino Stations: City Council has approved these contracts; Preparations are underway to install the charging stations. Regional Mall: Grading operations are currently in process. Building construction is expected to commence in early 1998, with the opening scheduled for Spring 1999. Zev Buffman Entertainment Proiect: Phase I appeal was before the Council on - November 18, 1997. Phase II plans have been submitted. A tentative Planning Commission date is December 15, 1997. Murdv Ranch Soecific Plan' This Specific Plan has been moving slowly through the approval process. The property has just been sold to a new party. Staff had provided the comprehensive comments previously to the applicant. Staff is awaiting contact from the new owner. Rori_Daugh Ranch SDecific Plan: The Specific Plan is currently being revised by the applicant. (1768 DU's and 11 Ac Commercial, plus 150 Ac of natural open space) Southside Specific Plan: Urban Design Studios has started the preliminary work for the preparation of the specific plan to prepare specific standards to begin the revitalize the Front Street corridor south of the Old Town area. A community meeting was held on September 10, 1997 area property and business owners. Massaoe Business Ordinance: A draft of this ordinance has been presented to the City Council. At that time, the Council directed staff to meet with local massage businesses to review the proposed ordinance with them and bring a revised ordinance back to the Council for their consideration. Adult Business Ordinance: The Council adopted an urgency ordinance in 1996. Staff is currently working on the permanent ordinance to regulate adult businesses while not curtailing a citizens rights of free speech and expression. General Plan Circulation Element Update (and revision to citywide traffic study): Staff is reviewing Proposals, and will begin the consultant selection process to update and revise the citywide General Plan traffic study and update the Circulation Element. A consultant is expected to be chosen by December 1997. Subdivision Ordinance: Staff is in the process of developing an appropriate subdivision ordinance for the City. The City currently uses Riverside County Ord. No. 460 to regulate the subdivision of land. Redhawk/Vail Ranch Annexation Study: Staff is in the final stages of completing the annexation study requested by the City Council. R:~dONTHLY. RPT~1997~EPT-OCT.WPD 11/18/97 vgw 2 ATTACHMENT NO. I LIST OF ACTIVITIES BY CASE NUMBER R:~MONTI-ILY.RPT~If~7~SEPT-OCT. WPD 11/1~/~7 v~w ~ ATTACHMENT NO. 2 REVENUE STATUS REPORT R:~VIOl',Vll-ILY. RPT~ 1997kSEPT-OCT. WPD 11/ll~/97vgw 4 REVPRIN2 10/02/97 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4135 4136 4139 4140 4170 4171 4190 4200 4206 4369 4370 09:59:52 GENERAL FUND PLANNING DESCRIPTION AHENDED FINAL HAP APPEALS CERT. OF LAND DIV. COHPLIANCE EXTENSION OF TI#E SINGLE FAHILY TRACTS HULTI-FAHILY TRACTS PARCEL HAPS LOT LINE ADJUSTHENT HINOR CHANGE PARCEL #ERGER (2-4 LOTS) REVERSION TO ACREAGE (5+LOTS) HINOR CONDITIONAL USE PERNIT SECOND UNIT PERNITS CHANGE OF ZONE CONDITIONAL USE PERHIT CONSISTENCY CHECKS GENERAL PLAN AHENDHENT PLOT PLAN PUBLIC USE PERNIT REVISED PERNIT SETBACK ADJUSTHENT SPECIFIC PLAN SUBSTANTIAL CONFORHANCE TEHORARY OUTDOOR EVENT TEHPORARY USE PERHIT VARIANCE ZONING I#FORHATION LETTER CEQA (INITIAL STUDIES) CEQA ENVlRONENT IHPACT REPORT DEVELOPMENT AGREEHENT PARCEL MAP/WAIVER NERGER CONDO TRACT NAP REVERSION TO ACREAGE K-RAT STUDY FEES HOME OCCUPATIONS DEVLPMNT PLAN-ADNINISTRATIVE IN HOUSE PLAN CHECKS ANNEXATION FEES LAND DIV UNIT MAP LANDSCAPE PLAN CHECK CITY OF TENECULA REVENUE STATUS REPORT SEPTENBER 1997 ADJUSTED ESTINATE .00 .00 .00 5,900.00 24,700.00 .00 30,500.00 16,800.00 700.00 2,900.00 .00 13,500.00 .00 3,600.00 31,100.00 16,300.00 5,600.00 111,900.00 .00 .00 200.00 .00 .00 .00 5,200.00 .00 .00 .00 .00 13,700.00 .00 .00 .00 .00 .00 4,500.00 7,400.00 .00 .00 500.00 .00 SEPTENBER REVENUE .00 .00 .00 274.00 8,868.80 .00 8,067.40 /,60.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 6,002.00 .00 .00 .00 .00 1,110.00 191.00 .00 .00 54.00 3,440.45 .00 .00 .00 .00 .00 .00 .00 .00 .00 980.00 .00 .00 400.00 1997-98 REVENUE .00 325.00 400.00 548.00 8,868.80 .00 9,595.40 920.00 .00 .00 .00 .00 .00 .00 4,8~1.00 .00 .00 19,810.00 .00 .00 .00 .00 1,850.00 573.00 .00 1,476.00 72.00 6,932.25 .00 .00 .00 .00 .00 .00 .00 .00 .00 2,540.00 .00 .00 11,432.04 PAGE BALANCE .00 325.00- 400.00- 5,352.00 15,831.20 .00 20,904.60 15,880.00 700.00 2,900.00 .00 13,500.00 .00 3,600.00 26,259.00 16,300.00 5,600.00 92,090.00 .00 .00 200.00 .00 1,850.00- 573.00- 5,200.00 1,476.00- 72.00- 6,932.Z5- .00 13,700.00 .00 .00 .00 .00 .00 4,500.00 7,400.00 2,540.00- .00 500.00 11,432.04- COL 9.3 35.9 31.5 5.5 0.0 0.0 0.0 0.0 15.6 0.0 0.0 17.7 0.0 0.0 0.0 0.0 0.0 *** 0.0 PLANNING 295,000.00 29,847.65 70,183.49 224,816.51 23.8 REVPRIN2 11/06/97 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4135 4136 4139 4140 4170 4171 4190 4195 4200 4206 4369 4370 08:38:48 GENERAL FUND PLANNING DESCRIPTION AMENDED FINAL MAP APPEALS CERT. OF LAND DIV. COMPLIANCE EXTENSION OF TIME SINGLE FAMILY TRACTS MULTI-FAMILY TRACTS PARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE PARCEL MERGER (2-4 LOTS) REVERSION TO ACREAGE (5+LOTS) MINOR CONOITIONAL USE PERMIT SECOND UNIT PERMITS CHANGE OF ZONE CONDITIONAL USE PERMIT CONSISTENCY CHECKS GENERAL PLAN AMENDMENT PLOT PLAN PUBLIC USE PERMIT REVISED PERMIT SETBACK ADJUSTMENT SPECIFIC PLAN SUBSTANTIAL CONFORMANCE TEMORARY OUTOOOR EVENT TEMPORARY USE PERMIT VARIANCE ZONING INFORMATION LETTER CELIA (INITIAL STUDIES) CEGA ENVIROMENT IMPACT REPORT DEVELOPMENT AGREEMENT PARCEL MAP/WAIVER MERGER CONDO TRACT MAP REVERSION TO ACREAGE K-RAT STUDY FEES HOME OCCUPATIONS DEVLPNNT PLAN-ADMINISTRATIVE DIF REDUCTION APPLICATION IN HOUSE PLAN CHECKS ANNEXATION FEES LAND DIV UNIT MAP LANDSCAPE PLAN CHECK CITY OF TEMECULA REVENUE STATUS REPORT OCTOBER 1997 ADJUSTED ESTIMATE .00 .00 .00 5,900.00 24,700.00 .00 30,500.00 16,800.00 700.00 2,900.00 .00 13,500.00 .00 3,600.00 31,100.00 16,300.00 5,600.00 111,900.00 .00 .00 200.00 .00 .00 .00 5,200.00 .00 .00 .00 .00 13,700.00 .00 .00 .00 .00 .00 4,500.00 7,400.00 .00 .00 .00 500.00 .00 OCTOBER REVENUE .00 975.00 .00 .00 .00 .00 6,614.00 690.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 7,661.00 .00 .00 .00 .00 925.00 558.00 .00 .00 .00 1,740.80 .00 .00 .00 1,500.00 .00 .00 .00 .00 .00 .00 890.00 .00 .00 4,164.00 1997-98 REVENUE .00 1,300.00 400.00 548.00 8,868.80 .00 16,209.40 1,610.00 .00 .00 .00 .00 .00 .00 4,841.00 .00 .00 27,471.00 .00 .00 .00 .00 2,775.00 1,131.00 .00 1,476.00 72.00 8,673.05 .00 .00 .00 1,500.00 .00 .00 .00 .00 .00 .00 3,430.00 .00 .00 15,596.04 PAGE 1 BALANCE ~ COL .00 1,300.00- *** 400.00- *** 5,352.00 9.3 15,831.20 35.9 .00 14,290.60 53.1 15,190.00 9.6 700.00 0.0 2,900.00 0.0 .00 13,500.00 0.0 .00 3,600.00 0.0 26,259.00 15.6 16,300.00 0.0 5,600.00 0.0 8~,429.00 24.5 .00 .00 200.00 0.0 .00 2,7T5.00- *** 1,131.00- *** 5,200.00 0.0 1,476.00- *** 72.00- *** 8,673.05- *** .00 13,700.00 0.0 .00 1,500.00- *** .00 .00 .00 4,500.00 0.0 7,400.00 0.0 .00 3,430.00' *** .00 500.00 0.0 15,596.04' *** PLANNING 295,000.00 25,717.80 95,901.29 199,098.71 32.5 CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER ,0/'3/ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: ' SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Official~~ November 25, 1997 Departmental Report October 1997 PREPARED BY: Carol Brockmeier, Administrative Secretary TOTAL NUMBER OF PERMITS ISSUED .................................. 248 NSFR .................................................... 145 NCOM ..................................................... 6 TOTAL VALUATION ...................................... $23,624,414.62 TOTAL NUMBER OF INSPECTIONS PERFORMED ......................... 2,703 CODE ACTIONS .................................................. 894 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 APPROV CITY ATTORNEY DIRECTOR OF FI CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager November 25, 1997 Tract No. 25892 - Establishing Service Level B Rates and Charges. PREPARED BY: (~ ~eryl Yasinosky, Development Services Analyst RECOMMENDATION: That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 25892 BEGINNING FISCAL YEAR 1998-99 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Services District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting services to numerous residential subdivisions within the City of Temecula through Service Level "B". The boundaries of the TCSD are coterminous with the City, and the City Council also serves as the Board of Directors of the TCSD. Tract No. 25892 is a residential subdivision consisting of 32 undeveloped residential lots, located on the south side of Pauba Road, west of Margarita Road. The property owner has requested that the TCSD establish the future parcel charges necessary to provide ongoing revenue for residential street lighting services within this subdivision. Beginning Fiscal Year 1998-99, the following TCSD rates and charges are proposed for residential street lighting services within Tract No. 25892: Service Level B ~25.68 per parcel Pursuant to the provisions of Proposition 218, the TCSD is required to hold a property owner election in order to establish new rates and charges. In addition, a report must be prepared and filed with the Secretary/City Clerk which identifies all of the affected parcels. A notice is mailed to the property owner identifying the proposed rates and charges and date of the Public Hearing. The Public Hearing is held at least 45 days after the mailing of the notices. If the proposed rates and charges are not rejected pursuant to a written protest, then the TCSD will conduct a mailed ballot election not less than 45 days after the public hearing. The proposed rates and charges cannot be imposed unless the new charges have been approved by the property owner. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed residential street lighting rates and charges for Tract No. 25892 beginning in Fiscal Year 1998-99 and schedule a public hearing concerning this issue for January 13, 1998. Staff will then proceed with noticing the owner of Tract No. 25892 regarding the proposed rates and charges and the public hearing date. If the Board adopts the rates and charges on January 13, 1998, staff will then proceed with the mailed ballot process. FISCAL IMPACT: The owner of Tract 25892 has paid a $200 application fee to cover administrative and mailing costs associated with the public notices and ballot information required per Proposition 218. If voter approved, beginning Fiscal Year 1998-99, the proposed levy of $25.68 per parcel for Service Level B will generate $821 annually. Actual costs for providing long-term residential street lighting services within Tract No. 25892 will be absorbed into Service Level B upon installation of the street light improvements. ATTACHMENTS: 1. Resolution of Intention RESOLUTION NO. CSD 97- A RF3OLUTION OF ~ BOARD OF DIRECTORS OF ~ TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO ESTABLISHING SERVICE LEVEL B RATES AND CHARGES FOR TRACT NO. 25892 BEGINNING FISCAL YEAR 1998-99 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District CTCSD"), to provide specified services to properties within its jurisdiction. Section 2. The TCSD provides long-term residential street services in numerous residential developments within the City of Temecula. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for residential street lighting (Service Level B) furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Section 3. The TCSD must initiate proceedings in order to provide residential street lighting services within Tract No. 25892 beginning Fiscal Year 1998/99. Pursuant to Government Code Section 61621.2, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of the real property and the proposed amount of Service Level B rates and charges required for maintenance of the new residential street lighting for each parcel within Tract No. 25892 beginning fiscal year 1998/99. The TCSD proposes to collect the rates and charges at the same time, in the same manner, by the same, persons and together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge, shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. ~111_4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 13th day of January, 1998 at the hour of 7:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, 43200 Business Park Drive, Temecula, California 92590, as the time and place for the public hearing on the Report and the proposed Service Level B rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The Secretary of the TCSD is hereby directed to give notice of the filing of the Report and of the time and place of hearing on the Report pursuant to the requirements of Government Code Section 61765.2 and Section 6 of Article XIIID of the California Constitution. Section 6. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 25th day of November, 1997. Jeffrey E. Stone, President ATrF_ST: June S. Greek, Secretary [SEAL] STATE OF CAIJFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS 082697 r: \yasinobk\28309 .rc~ -2- I, June S. Greek, Secretary for the Temecula Community Setvices District, do hereby certify that ~solution No. CSD 97-~ was duly and regularly adopted by the board of Directors of the Temecula Community Setvices District at a regular meeting thereof held on 25th day of November, 1997. NOES: ABSTAIN: r:\ya~inobk\28309.rea 082697 -3- ITEM 2 APPROVALS,, CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Shawn D. Nelson, Director of Community Services November 25, 1997 Award Contract - Re-plaster Temecula Elementary School Pool PREPARED BY: I~Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors approve a contract of $14,750 to Jeff Kerber Pool Plastering to provide pool plastering services for the Temecula Elementary School Swimming Pool. BACKGROUND: The Community Services Department solicited five (5) quotes for the re-plastering of the Temecula Elementary School Pool. This pool is used extensively for the City of Temecula's Spring and Summer aquatics programs. The existing plaster of the pool has been declining and will require re-plastering prior to the spring of 1998 aquatic program, to ensure safe swimming conditions. The lowest quote was submitted by Jeff Kerber Pool Plastering, in the amount of $14,750. FISCAL IMPACT: The total contract amount is $14,750. Sufficient funds are available in TCSD city wide park and recreation fund. Attachments: 1 ) Agreement 2) Specifications R:~harringk~agenda.rpt\jkerber.agr CITY OF TFAVIECULA CONTRACT AGREEMENT FOR CONSTRUCTION SERVICES (Minor Projects) THI~ CONSTRUCTION CONTRACT, made and entered into as of November 18, 1997, by and between the Temecula Community Services District ('District"), and Jeff Kerber Pool Plastering ('Contractor'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF WORK. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ('Work') and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the District. 2. COST OF WORK. For the Work described in Section 1. of this Agreement Contractor shall receive the sum of FOURTEEN THOUSAND SEVEN HUNDRED FIFTY dollars ($14,750.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit B. 3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of District or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 5. CRANGE ORDERS. The City Manager may approve additional payment not to exceed 10% of the Agreement. Change orders exceeding these limits shall be approved by the City Council. 6. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to District, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against District under or arising out of this Contract except those R:~HARRINGIGAgc~I. ri~.~crbcrl 2 November 13, 199'/ previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 7. PREVAII.ING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office 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 District, 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. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District 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 District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 3. 9. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the R:~ARRl/~tKL~'ad. rpt.~rbcrl 3 Novemi~t 1:5, 199'/ event that the Contractor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the District, 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 District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the District. 11. IJABKITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scot~e of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form 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. be Minimum Limits of Insurance. Contractor shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. R:~-IARRING~q~.~,crberl 4 November 13, 1990' c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractoffs insurance coverage shall be primary insurance as respects the District, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the District. 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 District. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed by R:kHARRINO~ud. rpt.\kerberl 5 November 13, 1997 a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements arc to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements cffecting the coverage required by these specifications. g. Contractor, by executing this Agreement, bereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 12. PERFORMANCE AND LABOR AND MATERIAL BONDS. Prior to commencement of the Work, Contractor shall provide the District with a Performance Bond in the amount of the Contract and a Labor and Materials Bond in the amount of the Contract from a surety acceptable to the District. 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither District nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. a. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. I.F.G,AI. RF~SPONSmII]TIF~S. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The District, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be R:kHARRRqGIGAgcild. rpt.~crbcrl 6 blovcmbcr 13, 1997 encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by District for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. 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 on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set 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. 18. 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 District. 19. UTILITY LOCATION. District acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. I~EGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. INSPECTION. The Work shall be subject to inspection and testing by District 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. 22. 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. 28. WRITTEN 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) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: R:XHARRINGK~,gend. rpt. Xkcrberl 7 Noveml~r 13, 19~7 To District: Temecula Community Services District 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Jeff Kerber Pool Plastering 10841 Fremont Avenue Ontario, California 91762-3912 Attention: Tom Crumrine 23. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the District. 24. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 26. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EJEECU~ THIS AGREEMENT. The person or perruns executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. //// IIII R:q-IARRINGICuS, gemi. rl~.Xkerberl 8 Normaher 13, 1997 IN WITNESS ~OF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA DISTRICT COMMUNITY SERVICES BY: Attest: President June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attomey CONTRACTOR JEFF KF~RBER POOL PLASTERING By: Name: Title: R:~HARgINGIGAgead. rptAkerberl 9 November 13, 199/ SCOPE OF WORK R:~-IARRING~d. rl~.~kerberl 10 November 1:~, 1997 EXHIBIT Temecula Community Services Department Temecula Elementary School Swimming Pool 41951 Moraga Road Temecula CA POOL PLASTERING SERVICES SCOPE OF WORK * Drain swimming pool. Undercut all tile two (2) inches to gunite for a clean sharp tile line. Remove all existing plaster to gunite. Apply two (2) coats of white plaster. Remove and replace four (4) sets of wall steps. Remove and replace four (4) drain grates. Provide five (5) year guarantee on material and workmanship. Ten (10) year guarantee on bonding of plaster to gunite. * Refill swimming pool. Entire job must be completed within five (5) consecutive days from commencement of work. Contractor must provide all necessary equipment, materials and labor to complete this work. r: ~harringk~oi~ract\j kerber. agr. 12 SCItEDUI~E OF PAYMENT One lump sum payment upon completion of work not to exceed $14,750. R:~IARRINGK~gend. rpt. Xkerberl 11 November 13, 1997 ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Temecula Community Services District General Manager November 25, 1997 Election of Community Services District Officers for 1998 PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: 1. Entertain motions from the Board of Directors to select the President to preside until the end of calendar year 1998. . Entertain motions from the Board of Directors to elect the Vice President who will assume the duties of the President in the President's absence and hold this office until the end of calendar year 1998. BACKGROUND: The Community Services District Board of Directors selects a member to serve as President and Vice President annually. These offices are assumed at the first meeting of the Community Services District in January and the newly elected officers preside through the calendar year of 1998. R:\agenda.rpt\Mayor 1 TCSD DEPARTMENTAL REPORT APPROV ATTORNEY FINANCE DIREC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Shawn D. Nelson, Director of Community Services November 25, 1997 Departmental Report PREPARED BY: Gail L. Zigler, Administrative Secretary The Division of State Architects (DSA) has returned the plans for Margarita Community Park with comments. The landscape architect is currently revising the plans to reflect DSA's comments and the plans will be submitted for final plan check. Margarita Community Park Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, pedestrian walkways, a roller hockey rink, tennis courts, and ballfield lighting. It is anticipated this project will go out to bid in December, 1997. The City Council awarded a contract on October 7, 1997, to ModCraft for the ADA upgrades project. This project provides handicap accessibility to the following park sites: John McGee Park, Calle Aragon Park, Bahia Vista Park, Rancho California Sports Park and Veteran's Park. The contractor is getting all of the necessary Community Development Block Grant documentation required, prior to the beginning of construction on the project. A pre- construction meeting has been scheduled for November 20, 1997. On October 7, 1997, the City Council approved an Easement Agreement to Allow Construction of Slopes and Drainage Facilities at Winchester Creek Park, with Pacific Century Homes (uPacific"). Staff reviewed the grading plans and returned them to Pacific with comments. Pacific is in the process of addressing those comments and will return them to the City for final plan check this month. Pacific anticipates they will be ready to begin grading operations by December and should be completed within approximately two months. The City plans to go out to bid on the Winchester Creek Park project in December and begin construction in February, 1998. Both projects should be accomplished without any timing conflicts. Winchester Creek Park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor basketball court, a sand volleyball court and open turf areas. Plan check for Phase II of the Temecula Duck Pond improvements is nearly complete. The engineers are finalizing their plan check for the widening of Ynez Road, along the Duck Pond property, to its ultimate width. This project should be out to bid in early 1998. l~.~AGl~DAS~Dl~T48 Novnnber 14, 1997 A Request For Proposal was released for the design of the under crossing under Winchester Road, connecting the east and west portions of the Santa Gertrudis Creek Trail. Staff is currently negotiating with the number one qualified bidder. Staff anticipates bringing forward a recommendation to the City Council in early 1998. An RFQ was released in September, 1997 for the Cultural Arts Master Plan. Interviews are scheduled to be held on November 18, 1997, for the top three rated firms. The Cultural Arts Committee will be bringing forward a recommendation to City Council in December, 1997. The purpose of the RFQ is for the development of a ten (10) year Cultural Arts Master Plan for the City of Temecula. A Request For Qualifications was released for the design of a City library. Staff has received a significant interest in the RFQ. RFQ's are due to the City Clerk on November 25, 1997. Staff anticipates bringing forth a recommendation to the City Council in December 1997. City Council awarded a contract to Dahl, Taylor & Associates for the design of a temperature control system at the Community Recreation Center gymnasium. Staff anticipates this project will go out to bid in January 1998, and installation of the system will be completed by Spring, 1998. November 14, 1997 REDEVELOPMENT AGENCY ITEM 1 APPROVe, C~TY ATTORNEY F'NANCE OFF'CER C~TY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Ronald E. Bradley, Executive Director and Redevelopment Agency Board Mary Jane McLarney, Director of Redevelopment November 25, 1997 Acquisition of Property for the Affordable Housing Program 42220 6th Street (APN 922-053-003) Prepared By: John Meyer, Housing and Redevelopment Manager RECOMMENDATION: The Redevelopment Agency: 1. Adopt a resolution entitled: RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS' FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTHSIDE OF SIXTH STREET, EAST OF PUJOL STREET, (APN 922-053-003) IN THE CITY OF TEMECULA . That the Agency authorize the expenditures of up to $90,000 from the RDA Housing Fund for acquisition, escrow and closing costs. BACKGROUND: Per Agency direction, staff has been working with Little Flower Center Inc. regarding the purchase of the above noted property. An offer of $80,000 was accepted by the property owner. An appraisal of the properties was performed by the City's appraiser. The offer and accepted purchase price is reflective of the appraised value. A Phase I Environmental Analysis has been conducted on the property and has determined no presence of hazardous waste or unacceptable soil conditions. The purchase is an all cash transaction with the Agency paying all closing costs. Additional fund authorization in the amount of $10,000 is requested to cover escrow, closing costs, appraisal and soils testing fees. The $80,000 represents an all inclusive settlement and full payment of just compensation for I[:~IOUSINO~PU~OLAC~-TTI.F_~,.CC 11117/97 jrm 1 the acquisition of all property interests· The acquisition of property for affordable housing is programmed in the RDA's five year implementation Plan· RDA Housing Funds in the amount of $1 Million have been included in the 1997-98 Capital Improvement Program Budget for this purpose· Re-use proposals for the subject property are now in progress and will be returned to the RDA for review and approval at a future date. FISCAL IMPACT: The $90,000 acquisition cost will be funded by the Affordable Housing Units, Land Acquisition/Project Development (Account No. 165-199-812-5804), which currently has a $1 million balance. Attachments: · Resolution Purchase and Sale Agreement Attachment No. 1 Resolution R:\HOUSING\PUJOLACQ\LITTLEFL.CC 11/14/97 jrm 3 RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS" FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTHSIDE OF SIXTH STREET, EAST OF PUJOL STREET, (APN 922- 053-003) IN THE CITY OF TEMECULA THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES'RESOLVE AS FOLLOWS: Section 1. declare that: The Redevelopment Agency does hereby find, determine and a. The Agency is currently implementing the Redevelopment Plan for Redevelopment Project No. 1--1988, originally approved by the Board of Supervisors of Riverside County on July 12, 1988 prior to the incorporation of the City and subsequently approved and transferred to the Redevelopment Agency of the City of Temecula on April 9, 1991 (the "Plan"). b. The Agency has established a Low and Moderate Income Housing Fund pursuant to the provisions of Health and Safety Code Section 33433 for the purposes of increasing, improving and preserving the supply of low and moderate income housing within the Project Area and the City. c. The Agency proposes to purchase the property described in the attached "Purchase and Sale Agreement and Joint Escrow Instructions" for acquisition of certain real property located along the southside of Sixth Street, east of Pujol Street (APN 922-053-003), in the City of Temecu_la ("Property") for the purposes of increasing, improving and preserving the supply of low and moderate income housing within the Project Area and the City as the property are zoned for multi-family residential housing and are located in an area already developed with multi-family housing. d. The acquisition of the Property for low and moderate income housing purposes is consistent with the Redevelopment Plan and with the Implementation Plan adopted by the Agency. Additionally, acquisition of the Property and the improvement and preservation of low and moderate income housing thereon will assist in the elimination of blight in the Project Area. e. The acquisition of the Property and the units thereon is exempt from the R:XHOUSING~PU/V.RES ! 1/14/97 dc provisions of the California Environmental Quality Act pursuant to 14 Cal. Admin. Code 15326. Moreover, the EIR approving the Plan addressed the impacts of housing development in the area of the Property. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions" for acquisition of certain real property located along the Southside of Sixth Street, east of Pujol Street (APN 922-053-003), in the City of Temecula and authorizes the Chairperson to execute the Agreement in substantially the form attached hereto as Exhibit A. Section 3. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Temecula on November 25, 1997 Steven Ford, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, June S. Greek, City Clerk/Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 97-~ was duly and regularly adopted by the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on November 25, 1997, by the following vote, to wit: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: R:~,I-IOUSING~PUJV.RES 11/14/97 dc ABSENT: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: June S. Greek, City Clerk/Agency Secretary R:~I-IOUSING~PUJV.RES 11/14/97 dc Attachments Purchase and Sale No. 2 Agreement R:\HOUSING\PUJOLACQ\LI~I~FLEFL.CC 11/14/97 jrm g~ PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of October 28, 1997 by and between Little Flower Center Inc., ("Seller"), and THE CITY OF TEMECULA REDEVELOPMENT AGENCY, a municipal corporation ("Buyer"), and constitutes both an agreement to purchase and sell real property between the parties and the parties' escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). RECITALS A. On September 24, 1997 the Buyer delivered Seller an offer (the "Offer") to purchase the real property interests described in Exhibit "A" attached hereto and made a part hereof (the "Property"). B. Buyer intends to use the Property for public purposes. C. Seller desires to sell and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing premises operative provisions and the Recitals which are incorporated herein by this reference, the parties hereto agree as follows: 1. Purchase and Sale. On the Close of Escrow (as herein defined), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions hereinafter set forth. 2. Purchase Price. The purchase price for the Property to be paid by Buyer is the sum of EIGHTY THOUSAND Dollars ($80,000.00) (the "Purchase Price"), which sum shall be paid in full in cash on the Close of Escrow together with Buyer's share of the closing costs. 3. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder shall order from First American Title Company ("Title Company") a title commitment for the Property. Escrow Holder shall also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder shall deliver these instruments and the title commitment to Buyer and Seller. Buyer's fee title to the Property shall be insured at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the amount of the Purchase Price (the "Policy"). The Policy of title insurance provided for pursuant to this Section shall insure Buyer's fee interest in the Property free and clear of all liens, encumbrances, restrictions, and rights-of- way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): (a) The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and R:\HOUSING\PURCHAGR 11/18/97 dc 1 (b) Those non-monetary exceptions approved by Buyer within fifteen (15) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow shall thereupon terminate, all funds deposited therein shall be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement shall be of no further for ce or effect. If Buyer conditionally disapproves any such exceptions, then Seller shall use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non-monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement shall thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee title to the Property shall be free and clear of all monetary encumbrances. 4. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder prior to the Close of Escrow a Grant Deed duly executed and acknowledged by Seller, granting and conveying to Buyer the Property. The Grant Deed shall be in a form satisfactory to Buyer and Buyer's counsel and shall be accepted by Buyer prior to recording. 5. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (a) Title Company can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder shall use the proceeds of the Purchase Price to obtain partial reconveyance, if necessary, of any monetary liens encumbering the Property, so that the Property shall be free and clear of monetary liens and encumbrances at the Close of Escrow. (b) Escrow Holder shall have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for in Section 11; and (c) Seller shall have deposited in Escrow the Grant Deed required by Sect ion . Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 6. Escrow. The parties hereby establish an escrow ("Escrow") to accommodate the transaction contemplated by this Agreement. For purposes of this Agreement, Opening of Escrow shall mean the date on which Escrow Holder shall have received a fully executed original of this Agreement from Buyer and Seller. Close of Escrow shall be the date upon which the Grant Deed to Buyer is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow shall be on the date which is not later than the first business day occurring sixty (60) days after the date of this Agreement. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever shall be solely that of Seller. R:\HOUSING\PURCHAGR 11/18/97 dc 2 7. Escrow Charges and Prorations. Buyer shall pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. Buyer shall pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow shall fail to close through no fault of either party, Buyer shall pay all Escrow cancellation charges. 8. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property an d an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successor s and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property. 9. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: (a) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of any environmental, health or safety statutes, ordinances or regulations. Pursuant to paragraph 8 hereinabove, Buyer and/or Buyer's agents and/or employees shall have the right upon opening of escrow at Buyer's sole expense to enter upon such property and conduct whatever tests or inspections are deemed necessary by Buyer to determine whether or not any environmental hazardous waste of any kind has or nature exist upon or under such property. It is hereby expressly understood and agreed that Seller shall not be obligated or liable in any way whatsoever to Buyer or Buyer's assigns or successors in interest in regard to any such hazardous waste or environmental hazardous condition that may exist and/or be discovered by Buyer's inspection prior or subsequent to such Closing and that upon such Closing Buyer shall be deemed to have purchased such Property in an "AS IS" condition. (b) The Seller is the sole owner of the Property free and clear of all monetary liens. Seller shall not further encumber such Property or allow the Property to be further encumbered prior to close of escrow. Seller makes no representation concerning the existence of any non monetary encumbrance, encroachment or easement of any kind and has no duty of and kind hereunder for remova 1 thereof. It is, however, understood in this regard that Buyer shall have the right to terminate Escrow if Buyer shall disapprove for any reason of any such encumbrance. R:\HOUSING\PURCHAGR 11/18/97 dc 3 (c) Neither this Agreement nor anything provided to be done hereunder including the transfer of the Property to Buyer, violates or shall violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. (d) There are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. (e) There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. (f) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal which is in any way related to the Property. 10. FULL PAYMENT OF ALL OBLIGATIONS OF CITY. It is undemt(xxt and agreed between Seller and Buyer that the payments made to Seller as set forth in this Agreement represent an all inclusive settlement and is full and complete payment for just compensation for the acquisition of all property interests pertaining to the Property and includes and satisfies any and all other payments, if any, which may be required by law to be paid to Seller arising out of the acquisition and displacement of the Seller and persons residing on the Property, and specifically includes, but is not limited to, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, owner participation rights under the Redevelopment Plan, relocation assistance and/or benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260, et seq.), and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith. Seller hereby acknowledges that Buyer has advised Seller of the possible availability of such relocation assistance rights to Seller and that the waiver of all rights by Seller herein set forth are free and voluntary. 11. Buyer's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: (a) That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. R:~HOUSING\PURCHAGR 11/18/97 dc 4 (b) The delivery of all documents pursuant to Section 4 hereof. (c) Title Company's commitment to issue in favor of Buyer of a CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. (d) Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property or the underlying real property that Buyer might perform prior to the Close of Escrow. 12. Certification of Non-Foreign Status. Seller covenants to deliver to Escrow a certification of Non-Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 13. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non-defaulting party shall have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non-defaulting party, Buyer shall thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-defaulting party shall be without prejudice to the non-defaulting party's rights and remedies at law or equity. 14. Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices shall be sent to Escrow Holder. Notices shall be addressed as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party shall thereafter be given as demanded in that notice: BUYER: City of Temecula Redevelopment Agency 43200 Business Park Drive Temecula, California 92590 Attn: Executive Director COPY TO: Richards, Watson & Gershon 333 So. Hope St., 38th Fir. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. SELLER: Little Flower Center Inc. 1840 Gumtree Lane Fallbrook, California 92028 R:\HOUSING\PURCHAGR 11/18/97 dc 5 ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 Attn: Escrow No. 15. Broker's Commissions. Seller shall pay all claims of brokers, agents or finders, licensed or unlicensed, and all claims of real estate or other consultants which exist or may arise as a result of Seller's actions with respect to the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. 16. Further Instructions. Each party agrees to execute such other and further escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement. 17. Amendments. Any amendments to this Agreement shall be effective only when duly executed by Buyer and Seller and deposited with Escrow Holder. 18. Miscellaneous (a) Applicable Law. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California. (b) Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, shall be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein shall be valid or binding on Seller or Buyer. (c) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. (d) Time of Essence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. (e) Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or no w R:\HOUSING\PURCHAGR 11/18/97 dc 6 or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies shall not constitute a waiver of the right to pursue other available remedies. (f) Interpretation and Construction. The parties agree that each party has reviewed and revised this Agreement and have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, £u'm, trust, or association wherever the context so requires. The recitals and captions of the sections and subsections of this Agreement 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 Agreement. (g) City Manager Authority. The City Manager is hereby directed and authorized to execute such other documents, including without limitation, escrow instructions and amendments thereto, certificates of acceptance, agreements for payments of lost rent, or certifications, as may be necessary or convenient to implement the terms of this Agreement. 19. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreeme nt or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement shall be entitled to recover reasonable attorneys' fees from the other party. 20. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 21. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be concerned with Section 8, 9, 10, and 15 hereof, and Buyer and Seller release Escrow Holder from liability or obligation as to Section 8, 9, 10, and 15 hereof. ///// IIIII R:\HOUSING\PURCHAGR 11/18/97 dc 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreemere as of the day and year first written above. SELLER Little Flower Cemer Inc By By BUYER CITY OF AGENCY: TEMECULA REDEVELOPMENT Steven Ford, Agency Chairperson ATTEST: By June S. Greek, City Clerk APPROVED AS TO FORM: By Peter M. Thorson Agency Counsel R:\HOUSING\PURCHAGR 11/18/97 dc 8 EXHIBIT "A" Legal Description of the Property · 19 ACRES M/L IN POR LOT 13 T8S R3W ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Temecula Redevelopment Agency Executive Director November 25, 1997 Election of Redevelopment Agency Officers for 1998 PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: 1. Entertain motions from the Agency members to select the Chairperson to preside until the end of calendar year 1998. , Entertain motions from the Agency members to elect the Vice Chairperson who will assume the duties of the Chairperson in the Chairperson's absence and hold this office until the end of calendar year 1998. BACKGROUND: The Redevelopment Agency selects a member to serve as Chairperson and Vice Chairperson annually. These offices are assumed at the first meeting of the Redevelopment Agency in January and the newly elected officers preside through the calendar year of 1998. R:\agenda.rpt\Mayor 1 JOINT MEETING CITY COUNCIL AND REDEVELOPMENT AGENCY OF TEMECULA APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA CITY COUNCIL AND REDEVELOPMENT AGENCY AGENDA REPORT City Council/City Manager/Redevelopment Agency Board Members Mary Jane McLarney, Redevelopment Director and ~ Gary Thornhill, Community Development Director November 25, 1997 Planning Application No. PA97-0221 An Amendment to the Old Town Specific Plan Revising the Parking Requirements for Old Town Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: That the City Council: 1. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION III. F. 2., PARKING, OF THE OLD TOWN SPECIFIC PLAN REVISING THE PARKING REQUIREMENTS (PLANNING APPLICATION NO. PA97-0221) BACKGROUND On September 9, 1997, the City Council continued the In Lieu Parking Fee Program and appointed Council members Lindemans and Ford to a sub-committee to further discuss the components of this item with staff. On October 2, 1997 staff met with the sub-committee and reached a consensus on the direction the committee would take on these issues. This item was then re-agendized for November 18, 1997. It was continued again to allow staff and the subcommittee to further refine the Parking In-Lieu Program. However because of pending development it is necessary to move forward on amending the parking requirements in Old Town. Parking Requirements in Old Town Currently, the Old Town Specific Plan references the Development Code for the calculation of the required number of parking spaces. Since the physical development in Old Town is very unique and unlike conventional commercial development, staff is proposing a new standard for parking requirements in Old Town. The proposed language establishes a single standard of one R:\OLDTOWN\PARKINL.CC2 11/20/97 dc 1 space per 300 square feet of gross floor area and replaces the different standards for different uses currently included in the Highway Tourist Commercial (HTC), Civic (OTC), Community Commercial (CC), Tourist Retail Core (TRC), and Community Commercial and Tourist Support (CCTS) unless the Development Code requires a fewer number of parking spaces for the same use (Refer to Attachment No. 7 for the Development Code Parking Requirements). The proposed standard will result in a fewer number of required parking spaces from uses such as restaurants, hotels, theaters, and cinemas. This reduction in the number of required parking spaces is essential to induce development in Old Town and to preserve the pedestrian and historic character of Old Town. Furthermore, this single standard will eliminate the necessity of recalculating the number of required parking spaces and calculating the Parking In-Lieu Fee every time a new businesses moves into a building or suite. Attachments: o Ordinance No. 97- Page 5 Development Code Parking Standards - Page 26 R:\OLDTOWN\PARKINL.CC2 11/20/97 dc 2 ATTACHMENT NO. I ORDINANCE 97- R:\OLDTOWN\PARKINL.CC2 11/20/97 dc 3 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION III. F. 2., PARKING, OF THE OLD TOWN SPECIFIC PLAN REVISING THE PARKING REQUIREMENTS (PLANNING APPLICATION NO. PA97-0221) THE OF THE CITY COUNCIL OF TEMECULA, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section III. F. 2., Parking, of the Old Town Specific Plan is hereby amended to read as follows: 2. Parking All parking requirements in the Specific Plan area shall be as de lineated in Chapter 17.24 of the Development Code with the following exceptions: ao The parking requirements for all uses in the Highway Tourist Commercial (HTC), Civic (OTC), Community Commercial (CC), Tourist Retail Core (TRC), and Community Commercial and Tourist Support (CCTS) shall be 1 space per 300 gross floor area unless the Development Code requires a fewer number of parking spaces for the same use. Section 2. findings: In adopting this Ordinance, the City Council hereby makes the following A. The proposed Specific Plan Amendment is consistent with the General Plan and the Old Town Specific Plan because it promotes the revitalization of Old Town. B. The proposed Specific Plan Amendment promotes the public interest, health, safety, convenience or welfare of the City because the City will be providing public parking spaces that may be used by all visitors to Old Town. C. The proposed Specific Plan Amendment ensures the development of desirable character which will be compatible with existing and proposed development in, the surrounding neighborhood because it promotes the preservation of the historic character of Old Town. Section 3. Environmental Determination This project does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the R:\OLDTOWN\PARKINL.CC2 11/20/97 dc 4 City and its environs. Section 4. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Effective Date 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 City Council members voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 6. PASSED, APPROVED, AND ADOPTED this __th day of ,1997. ATTEST: Mayor June S. Greek, 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- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 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 ~ day of , by the following roll call vote: AYES' COUNCILMEMBER NOES' COUNCILMEMBER ABSENT: COUNCILMEMBER June S. Greek, City Clerk R:\OLDTOWN\PARKINL.CC2 11/20/97 dc 5 RDA DEPARTMENTAL REPORT CITY ATTORNEY FINANCE DIRECTO~R._~ CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members Mary Jane McLarney, Redevelopment Director November 25, 1997 Monthly Departmental Report Attached for your information is the monthly report as of November 25, 1997 for the Redevelopment Department. This report covers housing, redevelopment and economic development. CITY OF TEMECULA MEMORANDUM TO: Executive Director/Agency Members FROM: Mary Jane McLarney, Redevelopment Director DATE: November 25, 1997 REGARDING: Marketing Committee Activities Report Economic Development and Tourism Update Prepared by: Barbara McLean, Marketing Technician The Marketing Committee meets bi-monthly. The last meeting was held on November 10, 1997. MEDIA OUTREACH REPORT: Monthly calendar of events and press releases continue to go out to the media. Holiday entertainment was highlighted. The Marketing Committee is researching trade show booth displays for the City to be used at economic development trade shows and tourism trade shows. A presentation was made at the November 10 marketing meeting by Professional Displays of California. The Old Town Holiday Promotion of entertainment and activities are being planned for the entire family. The City will be promoting community involvement by using a lot of talent in Temecula and Murrieta areas. Advertising will include Californian, Rancho News and the Press Enterprise Newspapers and live remotes are scheduled with KRTM and K-FROG. The City will be providing holiday lights for the merchants of Old Town and is purchasing a live tree to be planted and decorated with lights at Sam Hicks Park December 6 at 6:00 p.m. The City staff and the Californian put on a customer service seminar for Old Town Merchants which was held on Tuesday, November 18 at the Temecula Community Center. TOURISM The City of Temecula is now a member of the San Diego Convention and Visitor's Bureau (CONVIS). With our membership, the City is now able to participate on partnerships established by CONVIS which include the Las Vegas and Phoenix areas. Temecula's membership enables us to expand our media coverage through 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 has received a good response on the recent tourism newsletter that was sent out. Travel writers from Texas, New York, and Northern California have contacted the City wanting more information and are planning to attend one of Temecula's Faro Trips next year. L.A. Parent Magazine will be featuring an article on Temecula - Spring '98 and will go in their San Diego, Orange County and Los Angeles magazines. They will be visiting Temecula and Embassy Suites will be providing the hotel accommodations. The City & the Chamber hosted two 'Fam" tours which took place on September 29 and November 20. San Diego Destination Management companies toured Temecula. The group met at the Temecula Art Gallery and enjoyed a continental breakfast and were taken on a walking tour of Old Town led by members of the Chamber. Wine tours were provided by the Vintner's Association and the City provided lunch at the Vineyard Terrace. The purpose of the tour is to educate the planners about Temecula as a tourism destination with the hope that they will recommend Temecula as a day trip for those attending the Super Bowl in January as well as visits throughout the year. The Temecula Valley Chamber of Commerce is now a member of the International Information Centers located in the Gaslamp District of San Diego. The city's tourism brochure will be in their racks and our CD Rom and golf shirts will be available for sale as well. They will also distribute our Calendar of Events. This organization is also contacted by San Diego hotels to set up display tables with information for groups meeting in their hotels and Temecula's materials will be included. ECONOMIC DEVELOPMENT Tom Eidem attended the NACORE (International Association of Corporate Real Estate Executives) Conference with TEAM CAJJFORNIA. The booth was in a premium location 30 foot site and Temecula was well represented. Golf packages were awarded to two Southern California site selectors who will be visiting Temecula to redeem their gift certificates. Mary Jane McLarney and Judy Staats attended the International Development Research Council's Conference (IDRC) World Congress on November 14-19 in San Diego. We had two direct mailings to IDRC membership including Temecula's Real Estate Newsletter and a letter inviting members to Temecula for a day trip while attending the conference in San Diego. There were representatives of Fortune 500 Companies and international site selection firms. The tourism and vintner's brochures were included in the second mailing with the invitation. Golf thereed chocolate bars with the 'Right Fit' direct mail piece attached was distributed to conference attendees. Temecula wine was given out as door prizes at Southern California Edison's hospitality suite. Mary Jane McLarney was appointed Advertising Public Relations Chairperson for TEAM California for the Southern California Division. The new demographic brochure is currently being designed and formatted and will replace the nearly depleted supply of existing brochure inserts. The new brochure text is taken from Dr. John Husing's demographic profile on Temecula and will be distributed at economic development trade shows, as well as mailed out to prospective businesses looking to relocate. CITY OF TEMECULA MEMORANDUM TO: Executive Director/Agency Members FROM: Mary Jane McLarney, Redevelopment Director DATE: November 25, 1997 SUBJECT: Monthly Redevelopment Activity Report as of November 25, 1997 Prepared by: John Meyer, Housing and Redevelopment Manager ~~ ~ First Time Homebuyers Prooram · Eighteen families have been funded for FY 97-98. Residential Imorovement Programs Our residential improvement program has 11 loans completed and 16 in process. This represents $30,909 either funded or reserved. Temecula O.N.E. Several more outside agencies and organizations have joined the Temecula O.N.E. Team. The following is a complete list of outside agencies participating in the program: Temecula Community Partnership -TVUSD Head Start-State PreschooI-RCOE Center for Employment Training Boys & Girls Clubs of Temecula P.:~YEI~10~IO~~.3[J'~ 11/19/97 jmt North Pu!ol Redevelopment Pro!ect Staff has interviewed two housing firms who are interested in partnering with the Agency to rehabilitate the existing 38 apartment units and develop 12 new units on the vacant acre of land. OLD TOWN Old Town Streetsca~)e Imorovement Proiects The Consultant has finished the design development phase of the project. Meetings are being set up to present the improvements to the property and business owners. The Consultant has begun working on the construction drawings. Underoround Feasibility Study · Staff is reviewing the draft final report. Facade Imorovement Non-Conformin(] Si(]n Pro(]ram Staff has received two new facade improvement applications and has met with several other interested property and business owners. The In-Lieu Parkin(] Fee Ordinance · The Council will consider this item at its November 17, 1997 meeting. Old Town Temecula Market Study An RFQ has been distributed for this study which will look at Old Town's market position and potential. Responses are due December 1, 1997. R:~SYERSIGMONTHI~Y~OHN. JUN 11/19/97 jna