Loading...
HomeMy WebLinkAbout021098 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 II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING' CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 10, 1998 - 7:00 PM 5:30 PM - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located northwesterly of Winchester Road and Margarita Road (approximately 537 acres). The negotiating parties are the City of Temecula and Winchester Hills I, LLC. Under negotiation are the price and terms of payment of the real property interests proposed to be conveyed and/or acquired. 2. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning property located at 28699 Front Street. The negotiating parties are the City of Temecula, John H. Poole, Peter A. Poole and Richard L. Acquire, as Trustees of the John H. Poole Trust No. 1. Under negotiation are the terms and conditions of a lease agreement affecting real interest with the John H. Poole Trust No. 1. 3. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and/or the Agency based on existing facts and circumstances. 4. Personnel annual evaluation/appointment for the position of City Manager pursuant to the provisions of Government Code Section 54957. 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. Next in Order: Ordinance: No. 98-05 Resolution: No. 9~-11 R:\Agenda\021098 1 CALL TO ORDER: Mayor Ron Roberts presiding Prelude Music: Jordan Bellino Invocation: Pastor Gary Nelson, Calvary Chapel of Temecula Flag Salute: ROLL CALL: Councilmember Lindemans Comerchero, Ford, Lindemans, Stone, Roberts PRESENTATIONS/ PROCLAMATIONS Eagle Scout Certificate of Achievement for Nicholas Ham 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 Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:\Agenda\021098 2 2 AD_Droval of Minutes RECOMMENDATION: 2.1 Approve the minutes of January 13, 1998. 2.2 Approve the minutes of January 27, 1998. 3 Re~(~lution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Reoort as of December 31. 1997 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of December 31, 1997. 5 Pro.oert.v Insurance Renewal RECOMMENDATION: 5.1 Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Royal, Agriculture and Frontier Insurance Companies for the period of February 26, 1998 through February 26, 1999 in the amount of $73,689.00. 6 Fire Protection Agreement for Fiscal Ye~Ir 1~97/~8 RECOMMENDATION: 6.1 Approve the Fire Protection Agreement for Fiscal Year 1997-98 and authorize the Mayor and City Clerk to execute the agreement, final form to be approved by the City Manager and City Attorney. Tract MaD No. 23371-7 (Located on the Northerly side of Rancho California Road between Margarita Road and Meadows Parkway.) RECOMMENDATION: 7.1 Approve Final Tract Map No. 23371-7, subject to the Conditions of Approval. R:\Agenda\021098 3 Tract Map NQ. 24!t~6-3 (Located west of Sunny Meadows Drive, south of Jerez Lane.) RECOMMENDATION: 8.1 Approve Tract Map No. 24186-3, in conformance with the Conditions of Approval. Tract Map No. 24186-F (Located north of Leena Way, between Meadows Parkway and Campanula Way) RECOMMENDATION: 9.1 Approve Tract Map No. 24186-F, in conformance with the Conditions of Approval. 10 Tract MaD No. 24186-4 (Located north of Sunny Meadows Drive, at the intersection of Sunny Meadows Drive and Campanula Way.) RECOMMENDATION: 10.1 Approve Tract Map No. 24186-4, in conformance with the Conditions of Approval. 11 Release Labor and Materials Bond in Tract No. 27827-;~ (Located Northwesterly of intersection of North General Kearny Road at Nicolas Road.) RECOMMENDATION: 11.1 Authorize release of Labor and Materials Bond for Street, and Water and Sewer System in Tract No. 27827-3; 11.2 Direct the City Clerk to so advise the Developer and Surety. 12 AoDropriation and Advancement of Funds for the Winchester Road Sidewalk Project, Pro!ect No. PW97-19 RECOMMENDATION: 12.1 12.2 Appropriate $5,000.00 for the Winchester Road Sidewalk Project, Project No. PW97-19 to Design Account No. 210-165-695-5802; Approve an advance in the amount of $12,000.00 from the General Fund Reserves to the Capital Project Fund for the Winchester Road Sidewalk Project, Project No. PW97- 19. R:\Agenda\021098 4 13 Records Destruction Approval RECOMMENDATION' 13.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 14 California Office of Emergency Services Hazard Mitigation Grant Program fQr the Storm Drainage Improvement in Old Town Temecula RECOMMENDATION' 14.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER, ASSISTANT TO THE CITY MANAGER AND/OR DIRECTOR OF PUBLIC WORKS TO SIGN, ON BEHALF OF THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS 15 Purchase of City "Pool" Vehicle RECOMMENDATION: 15.1 Approve the purchase of a 1998 Ford Windstar Minivan from Rancho Ford in the amount of $21,294.77, and 15.2 Appropriate $1,200.00 to the Vehicle Internal Service Fund to cover the vehicle depreciation expense for this fiscal year. 16 Second Reading of Ordinance No. 98-03 RECOMMENDATION: 16.1 Adopt an Ordinance entitled' ORDINANCE NO. 98-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SPECIFIC PLAN NO. 199, REMOVING LOT COVERAGE FROM THE MATRIX AND TEXT OF SPECIFIC PLAN NO. 199 ZONING STANDARDS, CONTAINING 1,526 ACRES GENERALLY LOCATED SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, AND NORTH OF RANCHO CALIFORNIA ROAD (PLANNING APPLICATION NO. PA97-0438 - AMENDMENT NO. 4 TO SPECIFIC PLAN NO. 199) R:\Agenda\021098 5 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE WESTSIDE IMPROVEMENT AUTHORITY AND WINCHESTER HILLS FINANCING AUTHORITY R:~.gertda\021098 8 ~,MECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 98-01 Resolution: No. CSD 98-02 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 27, 1998 2 Awerd of ¢ontre~t for Margarita Community Park - Phase I. Proiect No. PW95-19CSD RECOMMENDATION: 2.1 Award a construction contract to EDGE Development, Inc. in the amount of $1,351,292.34 and authorize the President to execute the contract. 2.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of 8135,129.23 which is equal to 10% of the contract amount. R:\Agenda\021098 7 3 Award of Contract for Winchester Creek Park - Pro!ect No. PW97-10CSD RECOMMENDATION: 3.1 Award a construction contract to Terra-Cal Construction, Inc. in the amount of $601,066.53 and authorize the President to execute the contract. 3.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $60,106.65 which is equal to 10% of the contract amount. Solicitation of Construction Bids and A.D.oroval of the Plans and SDecifications for the Community Recreation Center Gymnasium Cooling System Pro!ect No. PW97-22 RECOMMENDATION: 4.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for the construction of the Community Recreation Cooling System Project No. PW97-22. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT Next regular meeting: February 24, 1998, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\021098 8 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: Next in Order: 0rdinen~e: No. RDA 98-01 Resolution: No. RDA 98-03 Chairperson Karel Lindemans presiding AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans PUBLIC COMMENT: A total of 1 5 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 13, 1998. 1.2 Approve the minutes of January 27, 1998. 2 Acouisition of Real Property for Low and Moderate Income Housing Purposes RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 98- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN ACQUISITION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND JOSEPH AND ANITA LOPEZ FOR THE ACQUISITION OF CERTAIN REAL PROPERTY 2.2 Appropriate the sum of $115,000 from the Housing Fund for the purchase of the property and necessary closing and acquisition expenses. R:\Agenda\021098 9 PUBLIC HEARINGS Any person may submit written comments to the Redevelopment Agency before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of headng. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. Agreement for Use of Northwest Soorts Park RECOMMENDATION: 3.1 Approve the license agreement between the Redevelopment Agency (RDA) and the Temecula Town Association (TTA) for use of the Northwest Sports Complex. AGENCY BUSINESS l~bor Market Survey - Job Skills and Commuter Census 1997-98 RECOMMENDATION: 4.1 Receive and file the 1997/98 Labor Market Survey. Adoorion of a Resolution Related to the Issuance of Bonds for the Puroose of Financino -- Multifamily Residential Proiects RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. RDA 98- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA RELATING TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION OF TWO MULTIFAMILY RESIDENTIAL RENTAL PROJECTS AND RELATED FACILITIES AND THE POSSIBLE CONSTRUCTION OF ADDITIONAL UNITS R:~eenda\021098 10 CONVENE A JOINT MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY Formation of Joint Exercise of Powers Authority Establishing the Winchester Hills Financing Authority RECOMMENDATION: 6.1 Adopt a City Council resolution entitled' RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 6.2 Adopt a Redevelopment Agency resolution entitled' RESOLUTION NO. RDA 98- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA 6.3 The City and the Redevelopment Agency execute the joint exercise of powers agreement creating the Winchester Hills Financing Authority. Recess City Council Meeting - Mayor Ron Roberts REDEVELOPMENT DIRECTOR'S REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: February 24, 1998, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\021098 I I WESTSIDE IMPROVEMENT AUTHORITY CALL TO ORDER: Chairman Steve Ford presiding Next in Order: Ordinance: No. WIA 98-01 Resolution: No. WIA 98-02 ROLL CALL: AUTHORITY MEMBERS: Comerchero, Ford, Lindemans, Roberts ABSTAIN: Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Westside Improvement Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes 1.1 Approve the minutes of January 13, 1998. 1.2 Approve the minutes of January 27, 1998. JOINT CITY COUNCIL/WESTSIDE IMPROVEMENT AUTHORITY PUBLIC HEARING RECONVENE CITY COUNCIL MEETING - Mayor Ron Roberts Any person may submit written comments to the City Council/Westside Improvement Authority before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. R:\Agenda\021098 12 Financing for Westside Area Public Improvements and Open-Space Aqqvi~itiQn and the Western Bv_oass Corridor RECOMMENDATION' 2,1 That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY 2.2 Open the continued public hearings, accept any written protests and take any oral testimony, determine that maintenance of open space will not be funded by the District, close the public hearings; 2.3 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT 2.4 That the Board of Directors adopt a resolution entitled' RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT 2.5 That the Board of Directors adopt a resolution entitled' RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING SPECIAL ELECTION R:\Agenda\021098 13 2.6 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 2.7 That the Board of Directors read by title only and introduce an ordinance entitled' ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) Recess City Council Meeting - Mayor Ron Roberts AUTHORITY BUSINESS Westside Improvement Authoritv's Community Facilities District No. ! (RogersDale Area) - Expansion of List of Facilities Eligible to be Financed RECOMMENDATION: 3.1 Adopt a resolution entitled' RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF CONSIDERATION TO ALTER THE FACILITIES TO BE FINANCED BY THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBER'S REPORTS ADJOURNMENT Adjourn to the next regular meeting: February 24, 1998, scheduled to follow the Redevelopment Agency meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California R:\Agenda\021098 14 CALL TO ORDER: Mayor Ron Roberts presiding Next in Order: Ordinance: NQ. WHFA 91~-01 Resolutiq. n: Nq. WHFA 98-01 ROLL CALL: AUTHORITY MEMBERS: Comerchero, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Westside Improvement Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you 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. AUTHORITY BUSINESS Administrative Matters and Initial Actions Relating to Formation of Cgmm~nit¥ Fecilities District (CFD) RECOMMENDATION: 1.1 Appoint a Chairperson and Vice-Chairperson, by minute order, from among the members of the Board of Directors. 1.2 Adopt a resolution entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE AND ESTABLISHING THE RULES OF PROCEEDINGS R:\Agenda\021098 15 1.3 Adopt a resolution entitled: 1.4 RESOLUTION NO. WHFA 98- A RESOLUTION OF THE WINCHESTER HILLS FINANCING AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS Adopt a resolution entitled: RESOLUTION NO. WHFA 09- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A PETITION TO FORM A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBER'S REPORTS ADJOURNMENT Adjourn to the next regular meeting: February 24, 1998, scheduled to follow the Westside Improvement Authority meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California R:~Agen~la\021098 16 RECONVENE TEMECULA CITY COUNCIL PUBUC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 17 Use of Local Law Enforcement Block Grant Funding and Acceptance of Grant in the amount of 845,544.00. 17.1 Open and continue the Public Hearing to the meeting of February 24, 1998. 18 Administrative Citations RECOMMENDATION: 18.1 Adopt an Ordinance entitled: ORDINANCE NO. 98-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE TEMECULA MUNICIPAL CODE 18.2 Adopt a Resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ADMINISTRATIVE CITATION SCHEDULE FOR THE PURPOSE OF SETTING FORTH ADMINISTRATIVE FINE AMOUNTS COUNCIL BUSINESS 19 U_Dgrade of Fire Personnel to EMT-1 RECOMMENDATION: 19,1 Approve the expenditure of up to 945,000 to upgrade all Temecula Fire Department personnel as necessary from the level of Certified First Responder to that of Emergency Medical Technician 1 (EMT-1). R:\Agenda\021098 17 20 El Nino U_odate (Oral Presentation by Director of Public Works Joe Kicak) 21 Select a Meeting Date for the Joint Temecula/Murrieta Trans_Dortation Committee (Oral Presentation by City Manager Ronald E. Bradley) RECOMMENDATION: 21.1 Select a meeting date for the Joint Temecula/Murrieta Transportation Committee. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: City Council Workshop: February 21, 1998, 9:00 AM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Next regular meeting: February 24, 1998, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\021098 18 PROCLAMATIONS/ PRESENTATIONS ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JANUARY 13, 1998 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Executive Session, pursuant to Government Code Sections: 1) §54956.9(a), Conference with Legal Counsel, Existing Litigation, three matters: a) City of Temecula v. Mason/Mashburn, et al.; b) Pratt v. City of Temecula, et al.; c) City of Temecula v. Gabriel, et al. 2) §54956.8, Conference with Real Property Negotiator, Property: 42380 Zevo Drive Negotiation Parties: Temeka Advertising and City of Temecula; Under negotiation: Terms and conditions of a Development Agreement affecting real property interests with Temeka Advertising. 3) §54956.8, Conference with Real Property Negotiator, Property: 28699 Front Street; Negotiating Parties: City of Temecula, John H. Poole, Peter A. Poole and Richard L. Aquire, as Trustees of the John H. Poole Trust No. 1; Under Negotiation: Terms and Conditions of a Lease Agreement Affecting Real Interests with the John H. Poole Trust No. 1. 4) §54956.8, Conference with Real Property Negotiator, Property: approximately 120 acres located westerly of Pujol Street; Negotiating Parties: City of Temecula, John Firestone and Westside Improvement Authority Community Facilities District No. 1; Under Negotiation: Price and Terms of payment of potential acquisition. 6) §54956.7, City Manager Annual Evaluation. The Temecula City Council reconvened at 7:09 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California, to consider regularly scheduled City Council business. Mayor Roberts presiding. PRESENT: Councilmembers: Comerchero, Ford, Lindemans, Stone, and Roberts. ABSENT: Councilmembers: None. Minutes\O 11398 PRELUDE MUSIC The prelude and intermission music was provided by Katie Rubke. INVOCATION The invocation was given by Reverend Lyle Peterson, Hope Lutheran Church. PLEDGE OF ALLEGIANCE The audience was led in the Flag salute by Counciimember Comerchero. PUBLIC COMMENTS None given. CITY COUNCIL REPORTS A. Councilman Comerchero commented on the Temecula Valley High School Sister High Program and advised that 40 additional families are needed to house Japanese students. For those interested, he encouraged them to contact the City Clerk's Office. B. Commenting on the closure of the Community Recreation Center Foundation, Councilman Comerchero thanked and commended the organization on a job well done and advised that a Farewell Dinner has been scheduled at which the organization will donate an additional $100,000 to Youth Groups in the community. Mr. Comerchero requested that this organization be officially recognized for its efforts. C. Relaying his concerns with regard to the City's infrastructure, Councilman Stone elaborated on the resources which have been dedicated by the City Council in order to resolve these existing problems. In response to Councilman Stone, City Engineer Kicak noted the following with regard to the Rancho California bridge improvements: that the contract has been awarded; that the anticipated completion date is 12 to 14 months from January 5, 1998. D. Commenting on the Council's goal to have specific traffic mechanisms in place at the time of the mall opening (Spring 1999), Councilman Stone encouraged City staff to proactively seek the acquisition of the right-of-way. City Engineer Kicak informed the Councilmembers that certain Edison facilities will have to be relocated as a result of this project and advised that the special poles cannot be ordered until the bonds are sold and until the acquisition with Guidant, located on the easterly side, has been completed. Minutes\011398 ~, Councilman Stone reiterated his desire to have the Overland Crossing completed as close to the opening of the Mall as possible. Reiterating City Engineer Kicak's comments, City Manager Bradley assured Councilman Stone that City staff is proceeding as expeditiously as possible to ensure that the Overland Crossing will be open as close as possible to the Mall opening. With regard to the ordering of the poles, Councilman Lindemans recommended that they be ordered now to ensure a timely completion. E. Reiterating a previously made suggestion, Councilman Lindemans commented on his desire to have two additional freeway off-ramp lanes, extending as far back as possible on the freeway, installed at the Rancho California off-ramp in order to aid and ensure an expeditious and a safe exiting route from the freeway. Advising that the construction/design/funding of such lanes must be approved by Caltrans, City Manager Bradley noted that those discussions have been initiated. City Engineer Kicak noted that the construction of these two lanes would take approximately six to nine months. Viewing the six- to nine-month time frame as unacceptable in light of the existing public safety issue, Councilmembers Linclemans and Stone recommended that the City's Caltrans consultant aid in the process of expediting this request and noted that if necessary, a Councilmember may have to directly address Sacramento in order to get this task accomplished in an expeditious manner. Councilman Lindemans requested that a video tape recording be made of the current traffic situation, during peak hours, at the Rancho California Road off-ramp and suggested that, if necessary, this tape be presented to Sacramento. F. In response to Councilman Stone, City Engineer K:icak provided information with regard to the upcoming improvements for SR79 South, noting that construction will begin March 1, 1998, and that the improvements should be completed within 10 to 12 months. In light of the traffic impacts created by the Pechanga Center, Councilman Stone suggested that the Council subcommittee dealing with Pechanga discuss and request that Pechanga be required to financially offset some of these traffic impacts. Councilman Stone noted that the City Council will have to provide traffic solutions prior to permitting any additional development in the south side of the City. G. With regard to the sidewalk project for which the City was allocated ~8,000, Councilman Stone strongly emphasized his desire to have this project immediately completed in light of the safety of the children and requested that City staff immediately follow up on this issue. Minutee\O 11398 ~ H. Councilman Lindemans thanked the Police Department for their efforts with regard to the potholes; thanked the Police Department and the Fire Department for their assistance with redesigning the City's bus route; and noted that he will be requesting additional assistance from the Police Department in order to update the City's Disaster Preparedness Plan by color coding the various areas of the City. I. Because most of the City's projects are Caltrans related and considering the amount of time it takes to obtain Caltrans' approval, Councilman Ford noted that although the City is not requesting Caltrans funding with regard to these projects, the City must be more proactive in forecasting future development to ensure that the required Caltrans' approvals would not further delay the completion of a project. With regard to requesting financial assistance from the Pechanga Center in order to aid in the relief of traffic impact associated with this Center, Councilman Ford advised that this issue has been addressed with the Center. J. Mayor Roberts requested that a joint City Council/Planning Commission meeting be scheduled during the first quarter of 1998 and that issues such the General Plan and density be discussed. K. In light of a recent Riverside County Transportation Commission decision to allocate $100 million of the gas tax funds to the desert, Mayor Roberts requested that a subsequent need item be added to the agenda in order to discuss this issue. Mayor Roberts advised that he and City Manager Bradley will be attending a meeting tomorrow at which the Western Riverside County will be appealing the Commission's $100 million allocation. City Attorney Thorson advised that the City Council may place an item on the agenda if the following two criteria are met - action is necessary prior to the next regularly scheduled City Council meeting and if the need for action arose after the posting of the agenda. Because both criteria are met, City Attorney Thorson advised that the City Council may make a motion to place this subsequent need item on the agenda. The following motion was offered: J~0_T.J.0J~ Councilman Stone moved, at the request of Mayor Roberts, to place the above- mentioned item on the agenda as a subsequent need item. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. CONSENT CALENDAR Councilman Stone noted that he would be abstaining with regard to Consent Calendar Item Nos. 6 and 11 (Indian Gaming Industry in California and Emergency Expenditure). ~ Councilman Stone moved for the approval of Consent Calendar Item Nos. I - 10 and 12 - 14 (Item No. 11 was pulled -- Emergency Expenditure). The motion was seconded by Councilman Ford and voice vote reflected unanimous approval with the exce[~tion of Councilman Stone who ~ with regard to Item Nos. 6 and 11. Minutes\011398 4 le . . . . . . g Standard Ordinance Adoorion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.1 Approve the minutes of December 9, 1997. 2.2 Approve the minutes of December 16, 1997. Resolution AD~)rovinc] List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. City Treasurer's Report as of November :30. 1997 4.1 Receive and file the City Treasurer's Report as of November 30, 1997. Financial Statements for the Three Months Ended Seotember 30. 1997 5.1 Receive and file the financial statements for the three months ended September 30, 1997. Indian GaminG_ Industry in California 6.1 Approve sending letters of support for Indian Gaming in California to local, State, and Federal authorities. Award of Contract for P.C. Workstations 7.1 Award a contract for P.C. workstations to Western Data Technology of Riverside, California, in the amount of $1,640.00 per unit, plus sales tax, for a total purchase amount of $21,241.50. Records Destruction AoDroval - - 8.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Minutes\011398 ~ e 10. 11. 12. 13. 14. Release Traffic Sionalization Mitioation Security in Tract No. 24133-2 {Located easterly of the intersection of Santiaoo Road at Maroarita Road) 9.1 Authorize release of the Traffic Signalization Mitigation Security in Tract No. 24133-2; 9.2 Direct the City Clerk to so advise the Developer and Surety. I~educe Faithful Performance Security Amount in Parcel MaD No. 24085-1 {Located at the northwesterly corner of the Intersection of Diaz Road and Zevo Drive. Avenida de 10.1 Authorize fifty percent (50%) reduction in Faithful Performance Security amount for street improvements in Parcel Map No. 24085-1; 10.2 Direct the City Clerk to so advise the Developer and Surety. Emeraencv Exoenditure 11.1 Ratify the emergency expenditure of $30,543 to Monteleone Excavating for the following unforeseen Public Works repairs that emerged as a result of heavy rains on December 6, 1997, and December 7, 1997: Removal of silt and debris from the Santiago Desilting Ponds. Reconstruction of the Santiago Desilting Ponds. Cleaning of the Jedediah Smith Channel. Cleaning of the Via Lobo Channel. Undereroundine of Overhead Utilities - West Side of Maroarita Road - Solana Way to North General Kearny Road. Proiect No. PW97-07 - 12.1 Authorize expenditure of an estimated $150,000 to underground the overhead facilities on the west side of Margarita Road from Solana Way to North General Kearny Road, Project No. PW97-07. Amendment No. I to ADoraisal Contract Related to Community Facilities District (CFD) - - No. 88-12 {Ynez Corridor) 1997 Series Bonds 13.1 Approve Amendment No. 1 to an Agreement with Bruce W. Hull & Associates, Inc. for an appraisal of certain properties within CFD 88-12 for an amount of $4,000. Community Facilities District No. 88-12 ¢Ynez Corridor) Initiation of Actions Necessary_ to Foreclose Delinnuent Snecial Tax Liens Minutee\O 11398 (~ 14.1 Adopt a resolution entitled: RESOLUTION NO. 98-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVE THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW; ORDERING FORECLOSURE ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX ROLL At this time Consent Calendar Item No. 11 was discussed. 11. Emeroencv Exoenditure -- 11.1 Ratify the emergency expenditure of $30,543 to Monteleone Excavating for the following unforeseen Public Works repairs that emerged as a result of heavy rains on December 6, 1997, and December 7, 1997: Removal of silt and debris from the Santiago Desilting Ponds. Reconstruction of the Santiago Desilting Ponds. Cleaning of the Jedediah Smith Channel. Cleaning of the Via Lobo Channel. City Engineer Kicak reviewed the staff report (as per agenda material), advising that the desilting basins are preventing downstream flooding conditions and noting that until major drainage facilities are constructed upstream, this will be a recurring expenditure. In response to Councilman Lindemens, Mr. Kicak advised that a similar expenditure may be necessary if heavy rains were to continue. Although he is abstaining from this Item as a Councilman, City Attorney Thorson advised that because Mr. Jeffrey Stone is a property owner in the area of discussion, he may address the City Council as a private citizen. In an effort to safeguard the City from additional emergency expenditures and because this problem is a recurring issue in this particular area, Councilman Ford noted that it may be time for City staff to review the upstream property owners' request to construct a desilting basin, to pull out the sand on a regular basis, export the sand, and then sell it. Mr. Jeffrey Stone, 43136 John Warner Road, clarified that the Monteleone Excavating will not be beneficial to his property. Advising that this excavation has been done on a yearly basis for the benefit of the Los Ranchitos residents, Mr. Stone relayed his opposition to the City expending this amount for the excavation as well as for the construction of a desilting basin Minutes\O 11398 '7 along Santiago Road, noting that the citizens of this particular area should be paying for this expenditure. With regard to his situation at John Warner Road, Mr. Stone clarified that he does not expect the City to pay for a road but requested assistance from the City with regard to the Army Corps of Engineers or the Fish and Game in order to construct a cement bridge over the drainage swale at John Warner Road to ensure adequate and safe accessibility for the residents. In response to Councilman Lindemans, Mr. Stone relayed a willingness to form a Mello Roos District. He apprised the Councilmembers that in 1990/1991, efforts were undertaken to form an Assessment District but because of a lack of support from the residents, this District was not formed. Considering the change in current economic times, Mr. Stone noted that more residents may be willing to form a District at this point in time. Although another resident vote could be taken as to whether or not a Mello Roos District should be formed, City Manager Bradley advised that two years ago, a neighborhood vote reflected the residents' desire to not form an Assessment District. Community Services Director Nelson echoed City Manager Bradley's comment as to the overwhelming objection to the formation of an Assessment District. If another vote were taken by the John Warner Road residents, Mr. Stone suggested that because similar issues and concerns exist, another vote as well should be taken by the Liefer Road residents. In closing, Mr. Stone concurred with Councilman Ford's suggestion to explore the upstream property owners' request to construct a desilting basin, to pull out the sand on a regular basis, export the sand, and then sell it. ~ Councilman Comerchero moved to concur with staff's recommendation. The motion was seconded by Councilman Ford. Voice vote reflected approval with the exce_otion of Councilman Lindemans who voted no and Councilman Stone who aJ;iJ]AJi~. It was the consensus of the Council to direct City staff to explore the possibility of constructing an upstream desilting basin and its associated maintenance. At 7:50 P.M., the City Council convened as the Temecula Community Services District, Temecula Redevelopment Agency, the Wests,de Improvement Authority, and the Industrial Development Authority. The following item was discussed in joint session with the City Council end the Wests,de Improvement Authority: . r:inancing for Wests,de Area Public Imnrovements and ODensoace Acouisition and the Western Bv;)ass Corridor - - 2.1 That the City Council adopt a resolution entitled: Minut®s\O 11398 8 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY 2.2 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT 2.3 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. 2.4 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING A SPECIAL ELECTION 2.5 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 2.6 That the Board of Directors read by title only and introduce an ordinance entitled: Minutes\011398 ~) ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) Ms. Jackie Sylvestre, 41776 Corte Camara, advised that she would be relinquishing her time to Mr. Joe Terrazzas. In response to Authority Member Undemans, Executive Director Bradley advised that City staff had received a request from Mr. Buffman to continue this item to the January 27, 1998, City Council meeting. Referencing an article published in the Press Enterprise (September 1995), Mr. Joe Terrazzas, 31160 Lahontan Street, commented on the increasing number of bond defaults and the associated risks of such defaults on the issuing cities. In response to comments made by Mr. Terrazzas, Chairman Ford requested that only factual information be shared and that any personal attacks and/or dispersements be withheld. In light of Chairman Ford's request, Mr. Terrazzas continued to proceed to make comments with regard to Mr. Buffman and his past investment history. MQ.T.J.0.~ Authority Member Roberts moved to continue this item to the January 27, 1998, Wests)de Improvement Authority meeting. The motion was seconded by Authority Member Comerchero and voice vote reflected unanimous approval with the exception of Authority Member Stone who ;~;zs/,;~.~. At 8:45 P.M., a recess was called and the City Council reconvened at 9:09 P.M. to discuss regularly scheduled agenda items. Mayor Roberts thanked Ms. Katie Rubke for the intermission music. At this time, Agenda Item No. 17 (Appeal by Mr. Albert S. Pratt) was considered out of order. 17. Plannin_~ A_~_olication No. PA 97-0392 (Conditional Use Permit) - A_D_oeal bv Albert $. Pratt (Property located west of Old Town Temecula. 100 feet west of Puiol Street. 700 feet south of Ridge Park Drive/Vincent Moraga Drive. and east of the Cit.v's western 17.1 Make a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and an Addendum to the previously certified Environmental Impact Report (EIR) was adopted and findings that a subsequent or supplemental EIR are not required. Minutes\O 11398 ]0 17.2 Adopt a resolution entitled: RESOLUTION NO. 98-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA 97-0392 (CONDITIONAL USE PERMIT) AND DENYING PLANNING APPLICATION NO. PA 97-0392 (CONDITIONAL USE PERMIT - APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION APPROVING PLANNING APPLICATION NO. PA 97- 0392 (CONDITIONAL USE PERMIT), TO PERMIT THE DESIGN, CONSTRUCTION, AND OPERATION OF A TOTAL OF 203,300 SQUARE FEET OF RETAIL, RESTAURANT, ARCADES, THEATERS, AND SHOPS, AND ASSOCIATED IMPROVEMENTS (HARDSCAPE, PARKING AND LANDSCAPING) ON 16.5 ACRES LOCATED WEST OF OLD TOWN TEMECULA (100 FEET WEST OF PUJOL STREET), 700 FEET SOUTH OF RIDGE PARK DRIVE/VINCENT MORAGA DRIVE AND EAST OF THE CITY'S WESTERN BORDER, WITHIN THE WESTSIDE SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 940-310.013, 940- 310-044, 940-310.045, 940-310.047, 940-310-048, 940-320-001,940-320- 002, AND 940-320-003 BASED UPON THE ANALYSIS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE CITY CLERK'S OFFICE Councilman Lindemans requested that those individuals speaking with regard to this issue refrain from the use of personal attacks/comments and noted that if such attacks were to be made, he would make a motion to adjourn the meeting. Community Development Director Thornhill reviewed the staff report (as per agenda material), advising that the issues raised by the appellant in this appeal are nearly identical to those raised by the same appellant in his previous appeal which was denied by the City Council. City Attorney Thorson advised that on January 12, 1998, a letter was received by City staff from Mr. Sam Pratt, requesting a continuance of this appeal hearing on the basis that he has not had ample time to review all of the traffic counts, design, and other data which he had requested from City staff and had not yet received. Having reviewed Mr. Pratt's request for a continuance, City Attorney Thorson stated that although it would be within the City Council's discretion to continue the hearing, it would be his opinion that no legal reason exists for the Council to continue this hearing. He advised that all information contained in the reports with regard to the environmental issues was available at the Planning Commission meeting of the first phase in October/November of 1997. In addition to that, Mr. Thorson advised that on November §, 1997, City staff had made available to Mr. Pratt the requested traffic reports and back-up data but that Mr. Pratt had not picked up the requested information until January 5, 1998. City Attorney Thorson stated that staff has done all that is required in terms of disclosing information and that there has been adequate time to evaluate all the information presented on this appeal. It was the consensus of the City Council that Mr. Pratt's request for a continuance be denied. Minutes\011398 ] ] Given the opportunity to address the City Council at this time, Mr. Buffman, applicant, opted to hold his comments. Apprising the City Council of efforts undertaken by the Old Town merchants to meet with Mr. Pratt, Mr. Nell Cleveland, 28465 Front Street, commented on Mr. Pratt's continued inability to meet with the merchants and encouraged the Council to deny the appeal and approve the request. Mr. Ed Dool, Temecula Shuttle, relayed his support of the project and as well encouraged Mr. Pratt to meet with the Old Town merchants. Referencing his written 'communication (of record), Mr. Sam Pratt, 40420 Brixton Cove, reiterated his concerns with regard to the Environmental Impact Report. Rebutting personal attacks previously made by Mr. Terrazzas, Mr. Buffman as well commented on Mr. Pratt's unwillingness to meet with the Old Town merchants and his continued efforts to stop the approval of this project. He commented on the benefits a Center such as the one proposed would have on the City of Temecula and relayed his disappointment with the system which permits one individual to continue to delay the construction of a project and possibly completely stop the project. Reflecting on past efforts associated with the construction of this project, Mr. Buffman relayed his inability to continue to proceed in this fashion for any extended amount of time and requested that the City Council approve this project and express their support for it. At this time, the public hearing was closed. In response to Councilman Lindemans, City Manager Bradley advised that City staff has taken all necessary steps to review the environmental considerations generated by this application and relayed his confidence in the Planning Commission and City Council process with regard to this particular case. City Attorney Thorson advised that those issues of concern raised in this appeal are similar to those issues raised with regard to the Phase I appeal, noting that those issues were adjudicated and dismissed by the judge. Not having been on the City Council with regard to the prior appeals but having available to him the staff reports, Councilman Comerchero advised that he thoroughly read every report with regard to this request and as a result, found no evidence to substantiate the appeal. In reviewing Mr. Pratt's letters, Mr. Comerchero noted though that he found several comments made by Mr. Pratt to be inaccurate such as the following: that the project has been expanded that the project now includes the addition of a 16-acre site for the construction of a convention center. In conclusion, Councilman Comerchero relayed his inability to support the appeal. Minutee\O 11398 ]~ ~ Councilman Lindemans moved to concur with staff's recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval with the exceotion of Councilman Stone who At 9:46 P.M., a short recess was taken with the City Council reconvening at 9:59 P.M. At this time, the Council returned to regular agenda order. It was the consensus of the City Council to extend this meeting to 10:30 P.M. 15. Plannina A~Dlication No. PA97-0158 {Zonina Amendment No. 6 of the Paloma .... Del Sol Soecific Plan) 15.1 Make a Determination of Consistency with a project for which an Environmental Impact Report was previously certified. 15.2 Read by title only and introduce and ordinance entitled: ORDINANCE NO. 98-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0158 (ZONING AMENDMENT TO SPECIFIC PLAN NO. 219), THE PALOMA DEL SOL SPECIFIC PLAN, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD, AND WEST OF BUTTERFIELD STAGE ROAD, AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-027, 950-020-029, 955-030-002 THROUGH 955-030-004, AND 955-030-006 THROUGH 955-030-011 Community Development Director Thornhill presented the staff report (as per agenda material of record), advising that the property of discussion has previously obtained all the necessary approvals for development and that the request before the Council primarily pertains to minor amendments. In response to Councilman Stone, Mr. Thornhill noted that no changes have occurred as a result of this request which would change previously approved grading and, thereby, impact or exacerbate existing drainage conditions. With respect to the drainage issue, City Engineer Kicak clarified that the Butterfield Stage Road line and the retention basin on the west side, north of SR79 South, collect water from the Paloma Del Sol properties and other tributaries from the north, noting that this basin is being maintained by the developer. With regard to the properties to the east, Mr. Kicak advised that a proposed open channel to be constructed by way of Assessment District No. 159 will aid in the event if any flooding were to occur. Minutee\O 11398 ]3 Mr. Barry Burnell, 3242 Halladay, #100, Santa Ana, representing the applicant, concurred with staff's recommendation. With regard to drainage, Mr. Burnell reiterated that Paloma Del Sol has a retention basin on site which is being maintained by the developer. He advised that until the interceptor channel is built, the developer will continue to maintain the retention basin to ensure that no flooding will occur on the subject site and that until the interceptor channel is built, the developer cannot remove the retention basin and build homes in its place. With regard to drainage problems associated with the property on the western edge of the subject site, Mr. Burnell advised that no grading has occurred in this particular area which would cause flooding on the property. Ms. Michele Staples, 2100 Main Street, #104, Irvine, attorney representing the Corona family (3320 Highway 79), submitted a letter detailing her comments (of record). Advising that the Coronas do not oppose development near their property, Ms. Staples clarified their concern about the increased flood hazard to their land resulting from the project and the improvements to Butterfield Stage Road. At the time the project of discussion was approved, Ms. Staples noted that certain conditions of approval were imposed to ensure no increased flood hazard to the adjacent properties and that any increased flood hazard would be alleviated prior to project construction. Because the existing project filled in what used to be the drainage channel and in light of the Butterfield Stage Road improvements, Ms. Staples advised that a flood hazard has been created. She noted that the existing retention basin does not protect the property owners to the east from flooding; that the Corona property was not predisposed to flooding prior to the construction of this project; and that the City should neither approve this application nor allow this project to proceed until the proper facilities are constructed to alleviate any increased flood hazards to the Corona property and to other off-site properties. As a result of a hydrological study completed in 1996, Ms. Staples advised that the developer is aware of the flood risks to the Corona property and other properties but that the developer has taken no action to alleviate this risk. Noting that the project proponent has relied on the County to construct the interceptor channel in order to alleviate the increased flood hazard, Ms. Staples advised that 10 years after the approval of the Environmental Impact Report for this project, such as facility has still not been constructed nor has it been planned. Because the flood hazard has not been alleviated, Ms. Staples stated that the project is not adhering to its conditions of approval and should, therefore, not be allowed to proceed with construction. In approving this amendment, Ms. Staples stated that the City would be relying on a 10-year old EIR, which is outdated, and that such action would be illegal. Therefore, Ms. Staples recommended the completion of a subsequent EIR in order to analyze the project impacts and the accuracy of the mitigation measures as a whole in light of the changed circumstances in the 10 years since the approval of the EIR. With regard to the hydrological study of 1996, Ms. Staples, for Councilman Stone, advised that this study was completed by the Keith Company and that the study indicated support for a retention basin on the project site, noting that the retention basin prohibits flooding to the north but not flooding to the east., In response to Councilman Stone, Ms. Staples noted that fortunately, to date, the Corona property has not experienced any increased flooding as a result of the subject project. IVlinutee\O 11398 In response to Councilman Ford, Ms. Staples advised that the Coronas' concerns could be alleviated by conducting a study of the flood hazard in the current condition and the design of facilities in such a way that would alleviate the flood hazard in a manner that is of the least harm to the Corona property and agricultural operation. Ms. Staples clarified that not a full EIR would have to be completed only a subsequent EIR addressing only the water movement as well as the proper facilities to be placed. In response to Councilman Comerchero, City Engineer Kicak noted that the Corona property is not at an increased flood risk as a result of the Paloma Del Sol project. For Councilman Comerchero, Ms. Staples clarified the Corona's concern with regard to increased flood hazard, noting that because of grading associated with Paloma Del Sol, the drainage channel which used to move water from east to west through the Paloma Del Sol project has been alleviated. Because Assessment District No. 159 was responsible for the design and the construction of Butterfield Stage Road, Mr. Burnell stated that this construction interrupted the drainage channel which has now impacted the Corona property. Mr. Burnell reiterated that it is the responsibility of this Assessment District to construct the interceptor channel and that until this channel is built, the developer cannot remove the retention basin and build additional homes. At this time, it was the consensus of the City Council to extend this meeting to 11:00 P.M. At this time, Mayor Roberts closed the public hearing. Because their has been a negligence on the part of the County to construct this interceptor channel in a timely fashion for~the benefit of the neighboring property owners, Councilman Ford relayed this Council's need to impress upon the County that these facilities must be constructed and that a study to accommodate this construction must be completed post haste. Sensitive to the drainage issues, Councilman Stone clarified the issues of this request by stating that the amendment to the Specific Plan will not change the City Council's ability to place any additional conditions upon the developer but advised that the City Council will be proactive in addressing the drainage issues. ~ Councilman Lindemans moved to approve staff's recommendation and that staff immediately follow up on this issue and provide additional information to the City Council within 30 days. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 16. Planning Aoolication No. PA 97-0348 Amendment to the Citv's Develooment Code Pertainino to Permitted Uses for Granny Flats and Guest Houses. Parkine. and -- Driveway Standards fro Multi-Family Units. Second Units. Granny Flats. and Guest Houses in Residential Areas and Addino a Definition of Guest House-~ -- 16.1 Adopt the Negative Declaration for Planning Application NO. PA97-0348. Minutea\O 11398 ] ~ 16.2 Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 98-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PORTIONS OF TABLE 17.06.030, TABLE 17.24.040 AND SECTION 17.34.010 OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO PERMITTED USES FOR GRANNY FLATS AND GUEST HOUSES, PARKING STANDARDS FOR MULTI-FAMILY UNITS, SECOND UNITS, GRANNY FLATS AND GUEST HOUSES IN RESIDENTIAL AREAS DRIVEWAY WIDTHS CONTAINED IN SECTION 17.24.050(b) AND ADDING A DEFINITION OF GUEST HOUSE Community Development Director Thornhill reviewed the staff report (as per agenda material). For the record, City Attorney Thorson read Ordinance No. 98-02 by title only. There being no questions from the Council or any input from the public, the public hearing was closed and the following motion was offered: ~ Councilman Stone moved to concur with staff's recommendation. The motion was seconded by Councilman Undemans and voice vote reflected unanimous approval. Subse~_uent Need Item In light of a recent decision by the Riverside County Transportation Commission to allocate $100 million of the gas tax funds to the desert versus any allocation to the Western Riverside County, Mayor Roberts advised that the Western Riverside County officials were not included in this decision-making process and that he and City Manager Bradley will be attending a meeting tomorrow at which this matter will be discussed. Discussion ensued with regard to this issue, including return-to-source funding. It was the consensus of the Council to concur with the formation of a committee to review the Riverside County Transportation Commission's action. 17. Plannino Aoolication No. PA97-0392 (Conditional Use Permit) - Aooeal bv - - _ - - Albert S. Pratt Discussed earlier; see pages 12-14. City Manager's Report None given. City Attorney's Reoort City Attorney Thorson advised that the City Council would, at this time, convene in closed session. Minute.\O 11398 At 11:03 P.M., the City Council recessed and convened in closed session at 11:08 P.M. At 11:27 P.M., the City Council reconvened in open session with the City Attomey making the following statements: City Attorney Thorson advised that the City Council gave direction to staff with respect to the litigation matters and with respect to negotiations on the Real Property items. With regard to the Real Property matter, City Attorney Thorson advised that no final decision would be made prior to the City Council discussing the matter in an open session. Adjournment At 11:28 P.M., the City Council meeting was formally adjourned to Tuesday, January 27, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC Acting City Clerk Minutes\011398 ]'7 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JANUARY 27, 1998 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Closed Session, pursuant to Government Code Sections: . §54956.9(a), Conference with Legal Counsel, Existing Litigation, Pratt v. City of Temecula, et al.; . §54956.8, Conference with Real Property Negotiator; Property: 45012 Corte Cristina; Negotiating Parties: Joseph & Anita Lopez and City of Temecula/Redevelopment Agency; Under negotiation: Price and Terms of payment of potential litigation; . §54956.8, Conference with Real Property Negotiator; Property: 41818 Sixth Street (APN 922-022-013); Negotiating Parties: Rosilie Jett, John H. & Rosilie Thomas and City of Temecula/Redevelopment Agency; Under negotiation: Price and Terms of payment of potential acquisition; 4. §54957, City Manager Annual Evaluation; . §54956.8, Conference with Real Property Negotiator; Property: approximately 120 acres located westerly of Pujol Street; Negotiating Parties: City of Temecula, John Firestone, and Westside Improvement Authority Community Facilities District No. 1; Under negotiation: Price and Terms of payment of potential acquisition; 6. §54956.9(b), Conference with Legal Counsel, Potential Litigation, two matters. City Attorney Thorson advised that the City council gave his office direction with regard to various negotiations; that no reportable action was taken; and that any final action with regard to the Real Property matters would be taken in open session. The Temecula City council reconvened at 7:03 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, California, to consider regularly scheduled City Council business. Mayor Roberts presiding. ROLL CALL PRESENT: Councilmembers: Comerchero, Ford, Lindemans, Stone, and Roberts. ABSENT: Councilmembers: None. Minutes~012798 1 City Council Minute~ 01/27/g8 MUSIC PRELUDE The prelude and intermission music was provided by Matthew Fagan. INVOCATION The invocation was given by James Field, First Baptist Church. pLEDGE OF ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Ford. PUBLIC COMMENTS A. Councilman Ford informed those audience members in attendance with regard to Agenda Item Nos. 1.1 through 1.7 of the Westside Improvement Authority meeting that these Items would be continued to the February 10, 1998, Authority meeting. B. Having been a resident in the City of Temecula for the past 22 years, Mr. Bill Harker, 31130 South General Kearny Road, relayed his dismay with having watched the gradual decline of the remaining buildings, which once constituted the Vail Ranch Headquarters. Apprising the Councilmembers of his interest in preserving this historical heritage, Mr. Harker informed the Councilmembers that the County Board of Supervisors ratified an agreement with the developer to refurbish the buildings. Although the area of discussion is not within City limits, Mr. Harker commented on the tourist attraction of this site, noting that such attractions would be nothing but economically viable to the City. Therefore, he encouraged the Councilmembers to proceed with the necessary action to ensure that this ratified agreement would be carried out. C. Mrs. Evelyn Harker, 31130 South General Kearny Road, advised the Council that she would be relinquishing her time to Mr. Dave Wilson. D. Mr. Dave Wilson of Destination Temecula, 21403 Ynez Road, concurred and echoed those comments made by Mr. Harker with regard to the restoration of the Vail Ranch buildings and further elaborated on the geographic location of the City, noting that historical sites such as Vail Ranch are an advantageous tourist attraction. D. In response to Mr. Harker and Mr. Wilson, Councilman Comerchero advised that the City is in the process of completing a City-wide Cultural Plan, noting that one element of this Plan will be a Historical Preservation Element. PRESENTATIONS/PROCLAMATIONS Commending the Community Recreation Center Foundation for its generous contributions to the City over the past nine years, Mayor Roberts advised that the City would be honoring the three Presidents of this Foundation by way of Certificates of Appreciation and that the names of those members of the Foundation, who had donated a tremendous amount of time, would be televised in order to give them as well the well-deserved recognition. MinuSesS012798 2 City Council Minute~ 01/27/98 At this time, Mayor Pro Tem Ford presented the Certificates of Appreciation, which were accepted with much appreciation by Mr. Tom Langley, Ms. Melody Brunsting, and Mr. Dave Stovall. ,(;,!TY COUNCIL REPORTS A. Having had time to reflect on the January 13, 1998, City Council meeting, Councilman Comerchero reiterated his belief that increased communication between the City Council/staff and the residents is important and noted that it is as important for the involved residents to communicate with the City Council/staff. He as well emphasized on the need to work together in an effort to accomplish desired issues. B. Referencing a report from the Zone 7 Flood Control Commissioner addressed to the Flood Control District, Councilman Ford advised that the report addressed the status of Murrieta Creek and its jurisdictional improvements. Mr. Ford noted that a study has been completed by the Army Corps of Engineers; that after the completion of Project Study Plan, anticipated date by March/April 1998, the feasibility study may begin as well as a cost-sharing agreement for the Murrieta Creek area. Councilman Ford noted that the Murrieta/Temecula Joint Committee of Murrieta Creek will be preparing a consolidated package, which will reflect a concerted voice addressing the two to three funding mechanisms. C. Councilman Stone relayed his delight with the commencement of the Rancho California Bridge widening project (estimated completion within 12 to 14 months). Echoing Councilman Comerchero's comments with regard to the January 13, 1998, City Council meeting, Mr. Stone noted that even during times of disagreement, the City Council has always treated the public with respect and stated that the public must, as well, display the same level of respect in order to accomplish issues in an expeditious manner. D. Publicly apologizing to City Engineer Kicak for his strong comments made at the January 13, 1998, City Council meeting with regard to traffic issues, Councilman Stone noted that these comments reflected his frustration with the City not being able to complete public improvement projects as quickly as he would like them to be completed. Realizing the number of projects that City Engineer Kicak and his staff are handling and realizing that City Engineer Kicak and his staff are doing everything possible to ensure that these projects are completed as expeditiously as possible, Councilman Stone reiterated his traffic concerns with regard to the south side of the City. For a future City Council meeting, Councilman Stone requested that staff review and inform the Council as to the number of projects under consideration for the south side of the City; determine the anticipated completion date for Pala Bridge; and project the traffic impact these project may have above and beyond the existing trafr,: conditions. In order to address the traffic situation on the south side of the City, Councilman Stone suggested that once this information has been obtained from staff, the City Council may want to consider the phasing in of developments to ensure that the residents of the subject area are able to enter and exit the neighborhoods on the south side of the city. E. Councilman Lindemans thanked the Police and Fire Departments for their assistance with redesigning the bus route, noting that this information will be forwarded to RTA; requested that the Public Works Department inform the City Council, at the February 10, 1998, meeting, as to how many potholes were reported by the Police Department; reiterated his desire to update the City's Disaster Preparedness Plan by color coding the various communities throughout the City; and requested that this matter be agendized for a future meeting. Minutes~012798 3 ~itv Council Minutes Q1/27/98 F. Updating the City Council with regard to the Riverside County Transportation Commission's (RCTC) decision to allocate $100 million of the gas tax funds to the desert versus to the Western Riverside County, Mayor Roberts noted that the RCTC formed a 60-day Funding Committee which will review this decision and possibly formulate a recommendation that would be more equitable to Temecula, Muraleta, etc. (3. Mayor Roberts thanked the Temecula/Murdeta Group for taking the time to reconsider its decision as to whether or not to support the City's decision to relocate the Temecula/Murrieta Library. In light of the additional facts presented to the group, Mayor Roberts advised that the group has issued a letter supporting the City's goal and relayed its desire to be on the City's task force with regard to the Library. CONSENT CALENDAR Consent Calendar Item Nos. 3 and 5 were pulled for separate discussion. 1. ~tandard Ordinance Adoorion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Resolution AD0roving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWIN(3 CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. 3. Performance Based Service Manaoement Study 3.1 Approve amendment with David M. Griffith & Associates for a Performance Based Service Management Study in an amount not to exceed $50,000. 3.2 Appropriate $40,000 from General Fund unreserved fund balance to the Finance Department Consulting budget. This Item was pulled and separately considered; see page 7. 4. 1998 Workers' Comoensation Coverage Annual Renewal 4.1 Approve the renewal of the Annual Agreement with California Compensation (CAL Como) for the City's Employee Workers' Compensation Insurance, subject to final approval as to form by the City Attorney. Minulee~012798 4 C.,itv C~JI Minut~ 5. AuU~ori7e Temporary_ Street Closures for Temecula Rod Run lgg8 in Old Town 5.1 Adopt a resolution entilled~ RESOLUTION NO. 98-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR TEMECULA ROD RUN 1998 EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENTS This Item was pulled and separately considered; see pages 7 - 8. 91/27/98 o Street Name Chanae from Green Meadow Road to Kahwea Road 6.1 Adopt a resolution entitled: RESOLUTION NO. 98-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME OF GREEN MEADOW ROAD TO KAHWEA ROAD . . Contract for Grant Funding through the De.oartment of Water Resources, Urban Streams Restoration Program 7.1 Adopt a resolution entitled: RESOLUTION NO. 98-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING CONTRACT FOR AN URBAN STREAMS RESTORATION GRANT FOR THE RANCHO CALIFORNIA SPORTS PARK CREEK RESTORATION PROJECT, ACCEPTING GRANT FUNDS, AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT Membership in the Riverside County Waste Resources Manaoement District -- 8.1 Adopt a resolution entitled: RESOLUTION NO. 98-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING APPLICATION TO JOIN THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT Minutes~012798 9. Second Readino of Ordinance No. 98-01 -- 9.1 Adopt an Ordinance entitled: ORDINANCE NO. 98-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0158 (ZONING AMENDMENT ~ TO SPECIFIC PLAN NO. 219), THE PALOMA DEL SOL SPECIFIC PLAN, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-027, 950- 020-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955- 030-011 01/27/98 10. Second Reading of C)rdinan;;e No, 98-02 10.1 Adopt an Ordinance entitled: ORDINANCE NO. 98-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING PORTIONS OF TABLE 17.06.030, TABLE 17.24.040 AND SECTION 17.34.010 OF THE TEMECULA DEVELOPMENT CODE PERTAINING TO PERMITTED USES FOR GRANNY FLATS AND GUEST HOUSES, PARKING STANDARDS FOR MULTI-FAMILY UNITS, SECOND UNITS, GRANNY FLATS, AND GUEST HOUSES IN RESIDENTIAL AREAS DRIVEWAY WIDTHS CONTAINED IN SECTION 17.24.050(B) AND ADDING A DEFINITION OF GUEST HOUSE MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1,2, 4, and 6 - 10 (Nos. 3 and 5 were pulled). The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. At this time, Consent Calendar Item Nos. 3 and 5 were discussed. . Performance Based Service Management ~tudy 3.1 Approve amendment with David M. Griffith & Associates for a Performance Based Service Management Study in an amount not to exceed $50,000. 3.2 Appropriate $40,000 from General Fund unreserved fund balance to the Finance Department Consulting budget. Minutes~012798 6 City Courlcii Ml~ut~ 01/27/98 Councilman Lindemans suggested that the expenditure for this study and the completion of this study be postponed until after the City Council has completed its work sessions with the City Manager and City staff. There being no objection from his fellow colleagues, the following motion was offered: MOTION: Councilman Lindemans moved to continue this item to a date uncertain. The motion was seconded by Councilman Ford and voice vote reflected unanimous approval. . Authorize Tem0orary Street Closures for Temecula Rod Run 1998 in Old Town 5.1 Adopt a resolution entitled: RESOLUTION NO. 98-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CAMFORNIA, AUTHORIZING STREET CLOSURES FOR TEMECULA ROD RUN 1998 EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENTS Referencing the staff report of record, Councilman Ford advised that Sixth Street will be closed at Mercedes Street to ensure one continuous closure; that the buses will be routed to another location; and that the Main Street closure, from Front Street to the southwesterly side of the Main Street bddge, may not be necessary. MOTION: Councilman Lindemans moved to approve Consent Calendar Item No. 5 as amended. The motion was seconded by Councilman Ford and voice vote reflected unanimous approval with the exceotion of Councilman Stone who abstained. At 7:47 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Westside Improvement Authority. During the Redevelopment Agency meeting, the following item was discussed in joint session with the City Council: , Gened¢ Manufactudno Owner Particioation Aoreement -- 1.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 98-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND GENERIC MANUFACTURING, A CALIFORNIA CORPORATION. Minutes~012796 7 Council Minut~ 012798 1.2 That the Agency adopt a resolution entitled: RESOLUTION NO. RDA 98-01 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND GENERIC MANUFACTURING, A CALIFORNIA CORPORATION Redevelopment Director McLamey provided the staff report (as per agenda material); referenced a correction with regard to the uOwner Participation Agreement" on page 3, advising that the City Attorney has recommended that Section (d) be stricken; and clarified that this corporation will be reimbursed $10,000 for relocation expenses, after the proposed 31 employee positions have been provided and have been verified. There being no public input, Mayor Roberts closed the public hearing and the following motion was offered: MOTION: Councilman Stone moved to concur with the staff recommendation. The motion was seconded by Councilman Ford and voice vote reflected unanimous approval. At 8:45 P.M., the Redevelopment Agency meeting was adjourned. A short recess was taken and at 9:06 P.M., the Westside Improvement Authority meeting was convened during which the following item was discussed in joint session with the City Council: . FJr~ancinq for Westside Area Public Improvements and O_oens_oace Acauisition and the Western Bvoass Corridor _ _ 1.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY 1.2 Open the Public Hearings, accept any written protests, and take any oral testimony, determine that certain land initially included in the boundaries of the District should be removed from the District, that maintenance of open space will not be funded by the District, and whether or not transient occupancy taxes and/or sales taxes arising from development in the Distdct will be used to offset special taxes levied by the District. 1.3 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT Minutes~012796 8 ~itV C~lncii Mklut~ 012798 AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT 1.4 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. 1,5 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING A SPECIAL ELECTION 1.6 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 1.7 That the Board of Directors read by title only and introduce an ordinance entitled: ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) MOTION: Councilman Linderoans moved to continue Agenda Item Nos. 1.1 through 1.7 to the February 10, 1998, Authority meeting. The motion was seconded by Mayor Roberts and voice vote of those present reflected unanimous approval (Councilman Stone absent). At 9:08 P.M., the Council reconvened to discuss regularly scheduled City Council business with Mayor Roberts presiding. Minutes~012798 (~itv Council Minute~ 012798 Public Headnas _ 11. Review of the 24th Year Community_ Develooment Block Grant (CDBG) Ao01ication Prooosals for FY 1998/1999 11.1 Review the Community Development Block Grant (CDBG) funding proposals, approve the reduction of projects equally on a percentage basis in the event of future funding reductions and consider the two funding recommendations presented by the Finance Committee: Option A: Approve CDBG funding in the amount of $286,304 for projects identified in Attachment B, and, or; Option B: Approve CDBG funding in the amount of $286,304 and General Fund funding in the amount of $47,123 to meet public Service funding requests in excess of available CDBG funds identified in Attachment B. Appropriate $47,123 from General Fund reserves to Community Services Funding Program Line Item. As a Board of Director of Alternatives to Domestic Violence, Mayor Roberts advised that he would be abstaining with regard to Agenda Item No. 11. Mayor Pro Tem Ford presided. Referencing the CDBG funding recommendations, Senior Management Analyst Flores presented the staff report (as per agenda material), advising that CDBG regulations uphold a 15% funding cap on the total allocations, thereby, limiting available funding for Public Services to $42,945. Having served on the Finance Committee and having met with staff and Councilman Stone, Councilman Lindemans relayed to the Council and the audience members his difficulty in making such needed funding decisions with the exception of the $38,000 request from Westview Vocational Services (to purchase a vehicle). Commenting on the City's Dial- A-Ride program as well as the availability of the RTA system, he relayed his objection to funding $38,000 for the purchase of a vehicle to transport individuals. Advising that the continual growth of the City will as well require the increased financial support of these services, therefore, Councilman Lindemans requested that the City Council consider allocating an additional $53,000 from the General Fund Reserve to ensure that all services listed under Option A (Attachment B) may be funded including the Trauma Intervention Program ($6,000). Viewing each service as a much needed service and considering the City's financial ability to fund these services, Councilman Comerchero relayed his concurrence with Councilman Lindemans' suggestion to allocate additional funding from the General Fund to ensure that all services listed under Option A may be funded. Advising that the Economic Development Agency of Riverside County had considered the Trauma Intervention Program as an ineligible project to be funded under CDBG because of its inability of determine income documentation, Senior Management Analyst Flores noted that this program may be funded through the General Fund. MinutelY012798 10 Council Minut~ 012796 Because he was not feeling well and, therefore, had to depart the Council meeting early, City Manager Bradley informed the City Council that Councilman Stone, as a member of the Finance Committee, requested that his comments/opinions with regard to this issue be considered, noting the following: that he is supportive of the various community groups; that he would support the CDBG funding of $42,945; that in light of the City's annual $100,000 support to non-profit groups, in addition to the CDBG funding, he would oppose full funding of all requests; that the City Council should not allocate funds from the General Fund Reserve unless it is an emergency; that the City is only one organization of many that support these services; that the City must live within its established budget; that by approving all requests in full, the City would setting a dangerous precedent. At this time, the public hearing was opened. Ms. Betsy Baird, 27872 Doreen Ddve, Sun City, representing V.I.P. Tots, advised that the requested $3,768 would assist the funding of an infant/toddler program which would provide home schooling to these children who have special needs. Ms. Baird noted that, as a special education/early intervention teacher, she has observed that as this City continues to grow so does the need for such a program. As a parent utilizing the services of V.I.P. Tots, Mrs. Shannon Poole, 43515 Corte Logrono, shared her family's personal experience with V.I.P. Tots, advising that her 15-month old daughter has greatly benefitted from this program. Mrs. Poole noted that the program has as well aided her during some difficult times. Thanking the City Council for its consideration of the grant request, Ms. Janet Yorke, 30087 Corte San Luis, representing Habitat for Humanity, advised that if approved, the monies would be utilized in order to purchase property in the City of Temecula for the use of building affordable housing. If approved, Ms. Yorke advised that this would be the organization's first project in the City of Temecula. Ms. Mary Salvador, 1465 Spruce Street, #G, Riverside, Executive Director for Riverside area Rape Crisis Center, advised that as a City continues to grow such as the City of Temecula, the need for such services will grow as well. Ms. Salvador briefly reviewed the services provided by this organization; advised that the program is provided to the public at no cost; and requested the Council's approval. Ms. Eliza Woolfolk, P.O. Box 910, representing Alternatives to Domestic Violence, relayed her encouragement with the City's support of all the various services rendered by the different agencies; provided an overview of the type of service rendered by Alternatives to Domestic Violence; and advised that the requested funds would aid in expanding the much needed services for children. On behalf of the Assistance League of Temecula Valley, Ms. MaryAnn Edwards, 42913 Calle Londe, thanked the City Council for its continued support and briefly highlighted the success of the "Operation School Bell" program. Min~0127g~, 11 City Council Minut~ 012798 Thanking the City Council for its continued support, Ms. Jeannie Miley, representing the Boys and Gids Club of Temecula, apprised the Councilmembers of the tremendous growth of this progreta, noting that scholarship funding requests increase on a yearly basis; that the Club services 1,500 families; and that currently there is a waiting list of over 120 children. Although he is not representing the Trauma Intervention Program, Mr. Wayne Hall, as an American Red Cross representative, 42131 Agena Street, commended this program on the tremendous amount of assistance it provides during a time of need; noted that the requested funds would provide additional training; and encouraged the City Council to approve the request. There being no additional comments, Mayor Roberts closed the public healing. With regard to comments made by Ms. Salvador of the Rape Crisis Center, City Manager Bradley noted that rape is a most serious crime and one of the most underreported crimes in the United States. Advising that rape statistics for the City are tracked by staff, Mr. Bradley stated that the City of Temecula had 12 reported rapes last year. Although understanding and respecting Councilman Stone's concem of allocating additional funds from the City's General Fund Reserve, Councilman Linderoans commented on the City's growth and, therefore, its increased need for services such as reflected by the Boys and Girls Club which has a waiting list of 120 children. In light of this situation, Councilman Linderoans proposed to allocate an additional $75,000 from the General Fund Reserve instead of his original proposal to allocate $53,000 in order to accommodate the much needed services of the Boys and Girls Club. Clarifying the additionally needed monies to accommodate the Boys and Girls Club, Mayor Pro Tem Ford noted that Councilman Lindemans' suggestion would include funding an additional $17,400 to the Club by way of General Fund Reserve (total funding request $32,400) with a total General Fund Reserve allocation of $70,523 in order to meet the Public Services funding requests in excess of available CDBG funding of $286,304. Although the City must remain conscious of its spending, Mayor Pro Tem Ford elaborated on the City Council's continued support of the various services provided and relayed his support of the $70,523 General Fund Reserve allocation. MOTION: Councilman Lindemans moved to approve CDBG funding in the amount of $286,304 ($42,945 for Public Services Projects and $243,359 for Non-Public Services Projects) and General Fund allocation in the amount of $70,523 to meet Public Services funding requests in excess of available CDBG funds. The motion was seconded by Councilman Comerchero and voice vote of those present reflected unanimous approval with the exceotion of Mayor Roberts who abstained and councilman Stone who was absent. At this time, Mayor Roberts returned to the dais. 12. Planning AS_ _olication No. PA98-0438 (Amendment No. 4 to S.~ecific Plan No, 199) - Temeku Hills 12.1 Make a determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and findings that a subsequent EIR is not required; MinutelY012798 City Council Minut~ 012796 12.2 Adopt a resolution entitled: RESOLUTION NO. 98-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SPECIFIC PLAN NO. 199, CONTAINING t,$25 ACRES GENERALLY LOCATED SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, AND NORTH OF RANCHO CALIFORNIA ROAD (PLANNING APPLICATION NO. PA97.0438 -AMENDMENT NO. 4 TO SPECIFIC PLAN NO. 199) 12.3 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 98-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SPECIFIC PLAN NO. 199, REMOVING LOT COVERAGE FROM THE MATRIX AND TEXT OF SPECIFIC PLAN NO. 199 ZONING STANDARDS, CONTAINING 1,526 ACRES GENERALLY LOCATED SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, AND NORTH OF RANCHO CAUFORNIA ROAD (PLANNING APPLICATION NO. PA97- 0438 - AMENDMENT NO. 4 TO SPECIFIC PLAN NO. 199) Community Development Director Thomhill reviewed the staff report (of record). At this time, Mayor Roberts opened the public hearing. There being no input, the public hearing was closed. City Attomey Thorson read the title of both the Resolution and the Ordinance into the record. MOTION: Councilman Comerchero moved to concur with staff's recommendation. The motion was seconded by Coundlman Lindemans and voice vote of those present reflected unanimous approval (Councilman Stone absent). It was the consensus of the City Council to extend this meeting to 10:15 P.M. Council Bu~ines~ 13. Administrative Citati~rl; 13.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 98-04 AN ORDINANCE OF THIS CITY COUNCIL OF THE CITY OF TEMECULA ESTABUSHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE TEMECULA MUNICIPAL CODE Minute~O 12796 City CouncA Minutes 012798 13.2 Set the date, time, and location of a public hearing on the proposed ordinance for February 10, 1998, at 7:00 P.M., 43200 Business Park Drive, Temecula, California. Chief Building Official Elmo presented the staff report (as per written material) and advised that this amendment to the Code would include unauthorized signs but noted that the amendment would not go into effect, with regard to unauthorized signs, until the City Council has adopted the new Sign Ordinance. In response to Mayor Roberts, City Attorney Thorson advised that although the City may not issue warrants, the City may impose a fine, may make required findings, and may pursue the matter in civil court in order to collect the fine and associated costs of collection. City Attorney Thorson read the Ordinance by title only. MOTION: Councilman Lindemans moved to concur with the staff recommendation. The motion was seconded by Councilman Ford and voice vote of those present reflected unanimous approval (Councilman Stone absent). 14. Selection of Date for Saturday Worksho0 for City_ Council Goal Setting 14.1 Select a date for a Saturday City Council Workshop. In response to Councilman Lindemans, City Manager Bradley noted that it was the City Council's intent to initially meet with the City Manager and that the second workshop would be expanded to the Departments. MOTION: Councilman Lindemans moved to set February 21, 1998, as the City Council Goal Setting Workshop with the City Manager and set February 28, 1998, as the City Council Goal Setting Workshop with the Departments. The motion was seconded by Councilman Ford and voice vote of those present reflected unanimous approval (Councilman Stone absent). Deoartmental Reoorts None given. City Manaaer's Reoort _ -- A. Referencing his memo to the City Council with regard to Federal legislation efforts in order to secure funding, City Manager Bradley commented on the possibility of scheduling a trip to Washington and requested, at the Council's convenience, input with regard to his memo. B. Having earlier referenced the joint efforts of the Riverside County, the City of Murrieta, and the City of Ternecula with regard to flood control for Murrieta Creek (see page 3), Councilman Ford requested if a meeting were scheduled in Washington, that this issue be addressed at that time. C. In response to Councilman Lindemans, City Manager Bradley noted that an El Nino report/update would be provided at the February 10, 1998, City Council meeting. MinutelY012798 !4 City Council Minut~ 012798 D. In response to Councilman Lindemans, City Engineer Kicak advised that a video had been completed, as he had requested, with regard to the off-ramp congestion at Interstate 15 at the Rancho California Road exit. Councilman Lindemans noted that a Councilmember will have to meet with Sacramento in order to properly resolve this issue and in order to construct the additionally need off-ramp lanes. City Attorney's Reoorts - None given. Adioumment - At 10:10 P.M., the City Council meeting was formally adjourned to Tuesday, February 10, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC Acting City Clerk Minutes~012798 ITEM 3 RESOLUTION NO. 98- 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 RESOL~, 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 $3,059,206.67. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 10th day of February, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [SEAL] Resos 98- I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 98-~ was duly adoptexl at a regular meeting of the City Council of the City of Temecula on the 10th day of February, 1998 by the following roll call vote: AYES: COUNCILMEMBERS: NOES' COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk Re,os 98- 2 CITY OF TEMECULA LIST OF DEMANDS 01/22/98 TOTAL CHECK RUN: 01/29/98 TOTAL CHECK RUN: 02/10/98 TOTAL CHECK RUN: 01/22/98 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 02/10/98 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 195 210 280 30O 320 330 34O 380 390 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 TCSD SERVICE LEVEL R CAPITAL IMPROVEMENT PROJ. FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA - DEBT SERVICE TCSD - DEBT SERVICE PAYROLL: 001 165 190 191 192 193 194 28O 3OO 320 330 340 GENERAL RDA-LOW/MOD TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-CIP INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BYFUND: GENIE ~O~;~TS, DIRECTOR OF FINANCE RONALD E. BRADLEY, C~TY MANAGER $ 2,303,956.83 84,267.25 525,243.58 145,739.01 $ 3~059~206.67 355,277.43 5,896.40 57,574.94 5,870.58 66.32 5,233.79 488.13 1,425.00 1,437,560.67 27,429.15 19,791.96 13,001.40 1,301.97 4,348.76 978,20 1.16 0.00 2,913,467.66 98,684.23 5,115.08 26,347.46 70.16 181.08 2,228.51 983.31 4,150.05 653.08 2,909.30 3,611.17 145,739.01 $ 3~059~206.67 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 01/22/98 15:57 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOU/NOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL 0 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE AMOUNT 136,042.93 2,454.16 32,428.14 5,560.02 66.32 2,292.02 488.13 1,122,224.76 7,896.88 327.01 12,678.40 628.78 2,668.12 978,201.16 TOTAL 2,303,956.83 VOUCHRE2 CITY OF TEMECULA 01/22/98 15:57 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM CHECK AMOUNT AMOUNT 180121 01/25/98 002265 FIRST TRUST OF CALIFORN DEBT SERV PMT:TAX ALLOC BONDS 380-1040 978,201.16 978,201.16 681220 01/22/98 002896 ALL CONCRETE CONSTRUCTI RELEASE RETENTION:PI497-12 001-2035 4,086.20 4,086.20 828565 01/22/98 000444 INSTATAX (EDD) 000444 SDI 001-2070 29.28 828565 01/22/98 000444 INSTATAX (EDD) 000444 SDI 165-2070 9.84 828565 01/22/98 000444 INSTATAX (EDD) 000444 SD! 190-2070 42.82 828565 01/22/98 000444 INSTATAX (EDD) 000444 SDI 340-2070 5.14 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 001-2070 3,608.12 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 165-2070 211.02 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 190-2070 737.20 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 191-2070 1.55 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 192-2070 3.77 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 193-2070 62.18 828565 01/22/98 000444 INSTATAX (EOD) 000444 STATE 194-2070 23.96 828565 01/22/98 000444 INSTATAX (EDO) 000444 STATE 280-2070 197.11 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 300-2070 23.16 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 320-2070 132.55 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 330-2070 23.82 828565 01/22/98 000444 INSTATAX (EDD) 000444 STATE 340-2070 80.92 5,192.44 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 14,337.39 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 702.45 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 3,144.72 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEOERAL 191-2070 8.84 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 22.97 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 311.89 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 136.78 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 583.90 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 88.31 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 576.79 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 112.50 859505 01/22/98 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 405.35 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 3,727.62 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 187.47 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 959.95 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.38 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 6.14 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 77.31 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 36.46 859505 01/22/98 000283 XNSTATAX (IRS) 000283 MEDICARE 280-2070 158.57 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 24.24 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 123.64 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 27.72 859505 01/22/98 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 125.94 25,889.33 980116 01/16/98 000166 FIRST AMERICAN TITLE CO PURCHASE PROPERTY AT DIAZ RD 210-165-632-5700 1,061,075.95 lw061,075.95 47480 01/22/98 002662 AGRICULTURAL PEST CONTR PEST CONTROL - DUCK POND 190-180-999-5250 200.00 200.00 47481 01/22/98 001281 ALHAMBRA GROUP LDSC ARCHITECT SRVCS:DUCK POND 210-190-143-5802 4,000.00 4,000.00 VOUCHRE2 01/22/98 15:57 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 47482 01/22/98 47483 01/22/98 002240 47484 01/22/98 000622 47484 01/22/98 000622 47485 01/22/98 47485 01/22/98 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME AMERICAN FIRE JOURNAL M ASLIN INOUSTRIES BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BEAUMONT, CITY OF BEAUMONT, CITY OF ITEM DESCRIPTION SUBSCRIPTION:FIRE ST#73,12,84 RCSP-TOILET PAPER DISPENSERS ELECTRICAL SERVICES - TCC CITY HALL ELECTRICAL SERVICES LEAGUE MTG 1-28;STONE & JONES LEAGUE MTG 1-28;STONE & JONES 47486 01/22/98 000586 BOOK PUBLISHING COMPANY MUNICIPAL CODE BOOKS 47487 01/22/98 000696 BOY SCOUTS OF AMERICA MED. INSURANCE:EXPLORER POST 47488 01/22/98 002957 BRAOY, SCOTT C. & dENNI SALES TAX ASSISTANCE 47489 01/22/98 001054 CALIFORNIA BUILDING OFF PUB:NON-RES. OISABLED ACCESS 47489 01/22/98 001054 CALIFORNIA BUILOING OFF PUB:NON-RES. DISABLED ACCESS 47489 01/22/98 001054 CALIFORNIA BUILOING OFF PUB:NON-RES. DISABLED ACCESS 47490 01/22/98 001627 CALIFORNIA CPA PROF.ETHICS REVIEW:T.M.& B.P. 47491 01/22/98 000799 CALIFORNIA HOMICIDE INV SEMINAR:COOK & DAVIS 3/11-13 47492 01/22/98 CALLAHAN, TRACY J. 47493 01/22/98 000387 CAREER TRACK SEMINARS M 47494 01/22/98 47494 01/22/98 47495 01/22/98 000135 47495 01/22/98 000135 47495 01/22/98 000135 47495 01/22/98 000135 47496 01/22/98 000137 47497 01/22/98 001555 47498 01/22/98 47498 01/22/98 47498 01/22/98 47499 01/22/98 001193 47499 01/22/98 001193 47499 01/22/98 001193 47500 01/22/98 001014 47501 CASTELLANOS, SAMUEL CASTELLANOS, SAMUEL CENTRAL CITIES SIGN SEA CENTRAL CITIES SIGN SEA CENTILRL CITIES SIGN SEA CENTRAL CITIES SIGN SEA REFUND:OVRPMT OF CIT #17228 COMM SKILLS:l/27 WIMBERLY&BEAL REFUND:SECURITY DEPOSIT ROOM RENTAL SIGNS FOR WINCHESTER/RORIPAUGH SALES TAX DEBIT:INVOICE TOTAL INCORRECT SALES TAX CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES CHRISTOPHERSON FIRE PRO TEST FIRE SUPPRESSION SYSTEM 002037 COM-AID, INC. 002037 COM-AID, INC. 002037 COM-AID, INC. COMP USA, INC. COMP USA, INC. COMP USA~ INC. COUNTRY SIGNS & DESIGNS 01/22/98 003097 COUNTRYWIDE HOME LOANS MISC REPAIR & MAINT OF EQUIP OUTDOOR LIGHTING PROTECTOR OUTDOOR LIGHTING PROTECTOR MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES ACCOUNT NUMBER 001-171-999-5228 190-180-999-5212 190-184-999-5212 340-199-701-5212 001-100-999-5260 001-120-999-5260 001-120-999-5250 001-171-999-5235 001-2030 001-163-999-5228 001-164-604-5228 001-162-999-5228 001-140-999-5261 001-170-999-5261 001-170-4055 001-161-999-5261 190-2900 190-183-4990 001-164-602-5244 001-164-602-5244 001-164-602-5244 001-164-602-5244 001-162-999-5263 190-182-999-5250 320-199-999-5215 320-199-999-5242 320-199-999-5250 320-199-999-5221 320-199-999-5221 320-199-999-5221 FACADE IMPROV.PRGM:28475 FRONT 280-199-813-5804 SALES TAX ASSISTANCE 001-2030 ITEM AMOUNT 68.85 275.40 484.00 147.42 17.00 17.00 721.35 66.00 206.42 101.19 101.19 101.19 220.00 170.00 50.00 198.00 100.00 37.00- 760.00 58.90 10.00 .78 9.16 72.00 81.58 385.41 190.00 4.11 204.04 235.01 470.00 412.84 PAGE 2 CHECK AMOUNT 68.85 275.40 631.42 34.00 721.35 66.00 206.42 303.57 220.00 170.00 50.00 198.00 63.00 829.68 9.16 72.00 656.99 443.16 470.00 412.84 VOUCHRE2 CITY OF TEMECULA 01/22/98 15:57 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 47502 01/22/98 003123 CROCKETT ELECTRIC FACADE IMPROV.PRGM:28~75 FRONT 47503 01/22/98 001009 D B X, INC. REL RETENTION:PN96-17:TRF SIGN 47504 01/22/98 002106 DA FAMILY SUPPORT 002106 SUPPORT 47505 01/22/98 001716 DAN'S ROOFING CITY HALL-REPAIR LEAK 47506 01/22/98 001393 DATA TICKET, INC. 47506 01/22/98 001393 DATA TICKET, INC. PARKING CITATION PROCESSING PARKING CITATION PROCESSING 47507 01/22/98 002129 DEPT OF INDUSTRIAL RELA GREAT WEST CONTRACTORS 47508 01/22/98 001380 47508 01/22/98 001380 47508 01/22/98 001380 E S I EMPLOYMENT SERVI'C E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC TEMP HELP (2)W/E 1/2 DONAHOE TEMP HELP (2)W/E 1/2 DIAZ TEMP HELP (2)W/E 1/2 CABRAL 47509 01/22/98 002390 EASTERN MUNICIPAL WATER 39656 DIEGO DR LDSC WATER SRVC 47510 01/22/98 002128 ENGINEERING VENTURES, I NOV-DEC PROF SRVCS-PW97-02 47511 01/22/98 000517 ENTENMANN-ROVIN & CO POLICE BADGE FOR COUNCILMAN 47511 01/22/98 000517 ENTENMANN-ROVIN & CO WALLET FOR POLICE BADGE 47511 01/22/98 000517 ENTENMANN-ROVIN & CO FREIGHT 47511 01/22/98 000517 ENTENMANN-ROVIN & CO SALES TAX 47511 01/22/98 000517 ENTENMANN-ROVIN & CO POLICE BADGE FOR COUNCILMAN 47511 01/22/98 000517 ENTENMANN-ROVIN & CO WALLET FOR POLICE BADGE 47511 01/22/98 000517 ENTENMANN-ROVIN & CO FREIGHT 47511 01/22/98 000517 ENTENMANN-ROVIN & CO SALES TAX 47512 01/22/98 001056 EXCEL LANDSCAPE REPAIR 20INCH MAIN LINE ACCOUNT NUMBER 280-199-813-5804 210-2035 190-2140 340-199-701-5212 001-140-999-5250 001-170-999-5250 210-2038 001-161-999-5118 001-140-999-5118 001-171-999-5118 193-180-999-5240 210-165-677-5802 001-100-999-5220 001-100-999-5220 001-100-999-5220 001-100-999-5220 001-100-999-5220 001-100-999-5220 001-100-999-5220 001-100-999-5220 193-180-999-5212 47513 01/22/98 000478 FAST SIGNS PALA PARK RESTROOM SIGNS 190-180-999-5212 47513 01/22/98 000478 FAST SIGNS FABRICATE & INSTALL STAINLESS 190-180-999-5212 47513 01/22/98 000478 FAST SIGNS INSTALLATION 190-180-999-5212 47513 01/22/98 000478 FAST SIGNS SALES TAX 190-180-999-5212 47514 01/22/98 000165 FEDERAL EXPRESS, INC. 47514 01/22/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 001-162-999-5230 001-150-999-5230 47515 01/22/98 FIRE RESCUE MAGAZINE SUBSCRIPTION:FIRE ST #73 001-171-999-5228 47516 01/22/98 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT:DRIVER 47517 01/22/98 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS 47517 01/22/98 001135 FIRST CARE INDUSTRIAL M PRE-EMPLOYMENT PHYSICALS 47518 01/22/98 001989 FOX NETWORK SYSTEMS, IN KEYVIEW EXTENDED WARRANTY 47518 01/22/98 001989 FOX NETWORK SYSTEMS, IN NET-911 EXTENDED WARRANTY 165-199-999-5250 001-150-999-5250 001-150-999-5250 320-199-999-5211 320-199-999-5211 ITEM AMOUNT 2,500.00 8,912.10 82.50 175.00 35.00 35.00 350.00 2,639.~ 1,355.29 1,072.02 35.79 275.65 61.20 35.00 6.00 7.69 61.20 35.00 6.00 7.69 79.37 93.00 103.00 100.00 15.19 40.00 8.00 24.95 150.00 170.00 85.00 720.00 360.00 PAGE 3 CHECK AMOUNT 2,500.00 8,912.10 82.50 175.00 70.00 350.00 5,067.04 35.79 275.65 219.78 79.37 311.19 48.00 24.95 150.00 255.00 1,080.00 47519 01/22/98 000184 G T E CALIFORNIA - PAYM 909-197-5072-JAN-GENERAL USAGE 320-199-999-5208 2,665.81 VOUCHREZ 01/22/98 VOUCHER/ CHECK NUMBER 47519 47519 47519 47519 47519 47520 47520 47521 47522 47522 47523 47523 47523 47523 47523 47523 47523 47523 47524 47524 47524 47524 47524 47524 47524 47524 47524 47524 47525 47526 47527 47528 47529 47530 47530 47530 47530 47531 15:57 CHECK DATE 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 000184 000184 000184 000184 000184 001355 001355 G T E CALIFORNIA - PAYM 909 506-2626 SUB-STATION G T E CALIFORNIA - PAYM 909 506-1941 PTA CD TTACSD G T E CALIFORNIA - PAYM 909 699-0590 TWN ASSOC ALARM G T E CALIFORNIA - PAYM 909 699-2811 GENERAL G T E CALIFORNIA - PAYM 909 699-8632 GENERAL G T E CALIFORNIA, INC. MNT ACCESS-RVSD CO. OPEN LINE G T E CALIFORNIA, INC. MNT ACCESS-CRC OPEN LINE GALLANT, MARK SALES TAX ASSISTANCE 001-170-999-5229 320'199-999'5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-2030 002676 001937 GALLS, INC. (7) CELL PHONE HOLSTERS 190-180-999-5242 001937 GALLS, INC. FREIGHT 190-180-999-5242 000173 000173 000173 000173 000173 000173 000173 000173 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000178 003122 GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA 1 IN. BLK. SPIRAL COMBS 1 1/8 IN. SPIRAL COMBS 1 1/4 IN. SPIRAL COMBS 7/8 IN. SPIRAL COMBS 11X17 LAMINATE POUCHES 8 1/2 X 11 LAMINATE POUCHES FREIGHT SALES TAX GLENHIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC. OFFICE SUPPLIES -FINANCE OFFICE SUPPLIES MISC. OFFICE SUPPLIES MISC OFFICE SUPPLIES FOR FIRE MISC COMPUTER SUPPLIES GOLDEN STATE TRADING CO MISC COMPUTER SUPPLIES GOLDEN, ROBIN A. FACADE IMPROV.PRGM:28464 FRONT GOVERNING 98 SUBSCRIPTION GRACE, MARK REFUND:SECURITY DEPOSIT HOLIDAY INN HTL:CHIA CF 3/11-13;DAVIS&COOK I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP IKON CAPITAL ADDITIONAL FEES:FIRE COPIER 002659 001158 000194 000194 000194 000194 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 001-110-999-5220 190-182-999-5220 001-120-999-5220 330-199-999-5220 001-120-999-5277 001-140-999-5220 001-150-999-5220 001-162-999-5220 001-171-999-5220 320-199-999-5221 320-199-999-5221 280-199-813-5804 001-110-999-5228 190-2900 001-170-999-5261 001-2080 165-2080 190-2080 280-2080 001-171-999-5239 255.81 53.52 53.66 1,128.98 27.42 350.00 315.00 206.42 90.93 7.99 22.70 13 17.13 9.81 111.66 57.61 12.51 19.01 333.03 60.38 212.35 35.27 22.74 173.60 120.82 345.55 254.06 77.13 168.63 1,666.65 15.00 100.00 199.36 1,485.68 18.75 275.00 6.25 26.32 002464 4,185.20 665.00 206.42 98.92 264.29 1,634.93 168.63 1,666.65 15.00 100.00 199.36 1,785.68 26.32 VOUCHRE2 01/22/98 15:57 VOUCHER/ CHECK CHECK NUMBER DATE 47532 01/22/98 47533 01/22/98 47534 01/22/98 47535 01/22/98 001894 47536 01/22/98 000820 VENDOR VENDOR NUMBER NAME 001407 INTER VALLEY POOL SUPPL 000199 INTERNAL REVENUE SERVIC INTERNATIONAL ASSOCIATI dOHNSON FENCE COMPANY K R W & ASSOCIATES 47536 01/22/98 000820 K R W & ASSOCIATES 47537 01/22/98 002909 K W C ENGINEERING, INC. 47537 01/22/98 002909 K W C ENGINEERING, INC. 47538 01/22/98 002963 KATONA, EVELYN R. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERICX)S ITEM DESCRIPTION POOL SANITIZING CHEMICALS 000199 IRS GARN SUBSCRIPTION:FIRE ST#12 INSTALL HANDRAIL:HOCKEY RINK NOV-JAN PLAN CHECK SERVCS-P.W. CREDIT:WORKERS COMP INV #98.01 ACCOUNT NUMBER 190-182-999-5212 001-2140 001-171-999-5228 190-180-999-5212 001-163-999-5248 001-1182 DEC RCSP FINAL PHASE PRF SRVCS 210-190-154-5802 DEC RCSP FINAL PHASE PRF SRVCS 210-190-154-5802 SALES TAX ASSISTANCE 47539 01/22/98 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 1/4 MILES 47539 01/22/98 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 1/4 MILES VARIOUS PRINTING SERVICES STATIONERY PAPER/MISC SUPPLIES STATIONERY PAPER/MISC SUPPLIES 47540 01/22/98 000206 KINKO'S, INC. 47540 01/22/98 000206 KINKO'S, INC. 47540 01/22/98 000206 KINKO'S, INC. 47541 01/22/98 001405 KIWANIS CLUB OF TEMECUL 97/98 COMMUNITY SRVC FUNDING 001-2030 001-163-999-5118 001-164-604-5118 330-199-999-5220 190-183-999-5370 190-180-999-5222 001-101-999-5267 47542 01/22/98 001123 KNOX INDUSTRIAL SUPPLIE MAINT SUPPLIES FOR PUBLIC WORK 001-164-601-5218 47542 01/22/98 001123 KNOX INDUSTRIAL SUPPLIE SALES TAX 47543 01/22/98 002187 LAKE ELSINORE ANIMAL FR DEC ANIMAL CONTROL SERVICES 47544 01/22/98 001865 M C I TELECOMMUNICATION PAGERS LONG DISTANCE CHARGES 47545 01/22/98 002966 MANDEL, ARMIN 47546 01/22/98 MASHBURN, JAMES & CHARL 47547 01/22/98 MASON, VIRGINIA d. 47548 01/22/98 001384 MINUTEMAN PRESS 47548 01/22/98 001384 MINUTEMAN PRESS 47548 01/22/98 001384 MINUTEMAN PRESS 47548 01/22/98 001384 MINUTEMAN PRESS 47549 01/22/98 000883 MONTELEONE EXCAVATING 47550 01/22/98 003118 MUNGER, TOLLES & OLSON 47551 01/22/98 000915 NATIONAL NOTARY ASSOCIA 47552 01/22/98 001713 NORRIS-REPKE, INC. SALES TAX ASSISTANCE CFD88-12 RIGHT OF WAY RIGHT OF WAY QTY 2000 CITY SEAL LETTERHEAD SALES TAX FOIL BUSINESS CARDS:D.HOGAN SALES TAX REBUILD DIRT BERM:HOCKEY RINK PROF SERVICES:OLD TOWN PRJT NOTARY SEAL/BOND/MBSHP M.COHEE DEC ENGINEERING SERV:IST STREE 001-164-601-5218 001-172-999-5255 320-199-999-5208 001-2030 210-199-807-5700 210-199-807-5700 001-120-999-5222 001-120-999-5222 001-161-999-5222 001-161-999-5222 190-180-999-5212 001-2640 001-120-999-5226 280-199-807-5802 ITEM AMOUNT 1~r.79 317.54 50.00 840.00 2,397.50 41.05- 47.55 280. O0 206.42 72.80 218.40 34.67 21.70 48.95 5,000. O0 246.91 19.14 4,062.66 2.96 1,681.24 6,261.91 6,261.92 119.20 9.24 102.50 7.94 1,800. O0 25,000.00 151.79 730.00 PAGE 5 CHECK AMOUNT 177.79 317.54 50.00 840. O0 2,356.45 327.55 206.42 291.20 105.32 5,000.00 266.05 4,062.66 2.96 1,681.24 6,261.91 6,261.92 238.88 1,800. O0 25,000.00 151.79 730.00 VOUCHRE2 01/22/98 15:57 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEH ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 47553 01/22/98 002292 OASIS VENDING COFFEE/VENDING SERVICES 340-199-701-5250 289.8/, 289.84 47554 01/22/98 002105 OLD TOt4N TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-163-999-5214 47554 01/22/98 002105 OLD TiTaN TIRE & SERVICE VEHICLE REPAIR ANO MAINTENANCE 190-180-999-5214 47554 01/22/98 002105 OLD TONN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-604-5214 47554 01/22/98 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIR AND MAINTENANCE 190-180-999-5214 47554 01/22/98 002105 OLD TONN TIRE & SERVICE VEHICLE REPAIR AND MAINTENANCE 190-180-999-5214 47554 01/22/98 002105 OLD TOWN TIRE & SERVICE VEHICLE REPAIR AND MAINTENANCE 190-180-999-5214 486.16 215.17 28.50 44.45 44.45 25.95 844.68 47555 01/22/98 001171 ORIENTAL TRADING CO., I RECREATION SUPPLIES:SR CENTER 190-181-999-5301 47555 01/22/98 001171 ORIENTAL TRADING CO., I FREIGHT 190-181-999-5301 32.95 8.60 41.55 47556 01/22/98 002652 OSCAR'S CATERING FOR COUNCIL MTG 001-100-999-5260 47557 01/22/98 002406 PACIFIC BUSINESS INTERI 3 TACKBOARDS:FINANCE DEPT 001-140-999-5220 47557 01/22/98 002406 PACIFIC BUSINESS INTERI INSTALLATION LABOR & DELIVERY 001-140-999-5220 47557 01/22/98 002406 PACIFIC BUSINESS INTER1 SALES TAX 001-140-999-5220 151.50 40.00 14.84 206.34 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165'2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193'2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 47558 01/22/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 280'2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 47558 01/22/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 320-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330'2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 001'2130 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193'2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280'2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 47558 01/22/98 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 330-2390 47558 01/22/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 20,209.97 790.85 3,945.92 13.12 32.40 401.39 195.26 911.68 131.86 650.10 129.58 468.59 238.31 66.04 1.75 14.78 .05 .14 1.54 .84 2.43 .46 1.86 .93 2.18 28,212.03 47559 01/22/98 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 49.85 49.85 47560 01/22/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-120-999-5230 47560 01/22/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-161-999-5230 47560 01/22/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 190-180-999-5230 47560 01/22/98 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-140-999-5230 32.25 56.25 10.75 28.65 127.90 VOUCHRE2 CITY OF TEHECULA 01/22/98 15:57 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 7 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUHBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN DEC ROADWAY CONSTRUCTION AD 001-165-999-5256 100.00 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN AD: HOLIDAY EVENTS 190-180-999-5254 78.00 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN ADVERTISING FOR:HOLIDAY EVENTS 190-180-999-5254 75.00 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN AD:COHM SERV COMMISSION POSTIO 001-120-999-5256 70.50 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN NOV ROADWAY CONSTRUCTION UPDAT 001-165-999-5256 100.00 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN HOLIDAY EVENT THANK YOU AD 190-180-999-5254 75.00 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: 25892 001-120-999-5256 20.25 47561 01/22/98 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: VEHICLE 001-120-999-5256 20.50 539.25 47562 01/22/98 00277'6 PRIME MATRIX, INC. SC-5001317-6 JS 001-100-999-5208 38.34 47562 01/22/98 002776 PRIME MATRIX, INC. SC-5001339-0 KL 001-100-999-5208 85.49 47562 01/22/98 002776 PRIME MATRIX, INC. SC-5002361-3 PB 001-100-999-5208 29.27 47562 01/22/98 002776 PRIME MATRIX, INC. SC-5001322-6 RB 001-110-999-5208 34.17 187.27 47563 01/22/98 PROCUREMENT PUBLICATION BK:97 PLAN ZONE #7540-931 001-161-999-5228 18.00 18.00 4756/+ 01/22/98 002012 R D 0 EQUIPMENT CO. PARTS NEEDED FOR PW BACKHOE 001-164-601-5215 49.18 47564 01/22/98 002012 R D 0 EQUIPMENT CO. FREIGHT 001-164-601-5215 5.88 47564 01/22/98 002012 R D 0 EQUIPMENT CO. SALES TAX 001-164-601-5215 4.27 59.33 47565 01/22/98 002612 RADIO SHACK, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 129.24 129.24 47566 01/22/98 000262 RANCHO CALIFORNIA WATER 01-06-30205-0 SIXTH ST 001-164-603-5240 30.96 47566 01/22/98 000262 RANCHO CALIFORNIA WATER 01-06-30206-0 SIXTH ST 001-164-603-5240 31.52 47566 01/22/98 000262 RANCHO CALIFORNIA WATER 01-02-98000-0 PRKVEW STATION 001-171-999-5240 13.06 47566 01/22/98 000262 RANCHO CALIFORNIA WATER 01-02-98010-0 PRKVEW STATION 001-171-999-5240 105.17 47566 01/22/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 1,639.45 47566 01/22/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-181-999-5240 107.47 47566 01/22/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-182-999-5240 855.99 47566 01/22/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-18/+-999-5240 263.40 47566 01/22/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 109.43 47566 01/22/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 1,297.48 47566 01/22/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 340-199-701-5240 376.09 4,830.02 47567 01/22/98 001428 RANCHO TEMECULA WOMANS 97-98 CONM SERVICE FUNDING 001-101-999-5267 5,000.00 5,000.00 47568 01/22/98 000266 RIGHTWAY PORTABLE TOILET RENTAL:RIVERTO 190-180-999-5238 62.89 62.89 47569 01/22/98 002940 RIVERSIDE CO OF (GIS SY REIMBURSE FOR STAFF SERVICES 001-161-610-5248 168.74 168.74 47570 01/22/98 000418 RIVERSIDE CO. CLERK & R CERT DEED COPY:ALFRED L.FASIA 001-120-999-5250 9.00 9.00 47571 01/22/98 000357 47572 01/22/98 001097 47572 01/22/98 001097 47572 01/22/98 001097 RIVERSIDE CO. TRANSPORT ROADLINE PRODUCTS, INC. ROADLINE PRODUCTS, INC. ROADLINE PRODUCTS, INC. TRAFFIC SIGNAL MAINT JAN-MAR 001-164-602-5405 2,790.45 2,790.45 PARTS NEEDED:PW STENCIL TRUCK 001-164-601-5218 514.50 FREIGHT 001-164-601-5218 3.74 SALES TAX 001-164-601-5218 42.45 560.69 47573 01/22/98 001942 S C SIGNS 47573 01/22/98 001942 S C SIGNS POSTING OF PUBLIC NOTICE SIGNS 001-161-999-5256 POSTING OF PUBLIC NOTICE SIGNS 001-120-999-5244 165.00 325.00 490.00 VOUCHRE2 CITY OF TEMECULA 01/22/98 15:57 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 8 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 47574 01/22/98 002674 SIFFERMAN, THOMAS C. & SALES TAX ASSISTANCE CFD88-12 001-2030 206.42 206.42 47575 01/22/98 002974 SMITH, JAMES O. & CAROL SALES TAX ASSISTANCE CFD88-12 001-2030 206.42 206.42 47576 01/22/98 000537 SOUTHERN CALIF EDISON 2-09-330-3030 WINCH RD 191-180-999-5319 47576 01/22/98 000537 SOUTHERN CALIF EDISON 2-09-330-3139 WINCH RD TC1 191-180-999-5319 47576 01/22/98 000537 SOUTHERN CALIF EDISON 2-00-397-5059 VARIOUS METERS 190-184-999-5240 47576 01/22/98 000537 SOUTHERN CALIF EDISON 2-00-397-5059 VARIOUS METERS 190-180-999-5240 47576 01/22/98 000537 SOUTHERN CALIF EDISON 2-02-351-5281 RANCHO VISTA A 190-182-999-5240 47576 01/22/98 000537 SOUTHERN CALIF EDISON 2-05-791-8807 VARIOUS METERS 001-171-999-5240 47576 01/22/98 000537 SOUTHERN CALIF EDISON 2-05-791-8807 VARIOUS METERS 191-180-999-5319 173.30 199.85 540.03 7,300.65 3,908.76 802.07 5,051.50 17,976.16 47577 01/22/98 000926 SOUTHERN CALIF EDISON IRRIGATION PEDESTAL 6477-2040 210-165-668-5804 136.68 136.68 47578 01/22/98 002361 SOUTHERN CALIF FPO'S SPRINKLER SYSTEM CF:CUMMINGS 001-171-999-5261 150.00 150.00 47579 01/22/98 001212 SOUTHERN CALIF GAS COMP 021 725 0775 SR CENTER 190-181-999-5240 47579 01/22/98 001212 SOUTHERN CALIF GAS COMP 095 167 7907 PRKVEW STATION 001-171-999-5240 47579 01/22/98 001212 SOUTHERN CALIF GAS COMP 101 525 0950 TCC 190-184-999-5240 225.18 240.53 172.61 638.32 47580 01/22/98 002082 SOUTHWEST COUNTY CHILD 96-97 COMMUNITY SERVICE FUNDIN 001-101-999-5267 2,500.00 2,500.00 47581 01/22/98 000226 TECHNOLOGY INTEGATION G 15 HRS ENGINEERING SUPPORT 320-199-999-5250 2,100.00 2,100.00 47582 01/22/98 001672 TEMECULA DRAIN SERV & P PLUMBING SERV:MAINT FACILITY 340-199-702-5212 47.00 47.00 47583 01/22/98 000307 TEMECULA TROPHY CO. PLAQUE TO HONOR RETIRED MAYOR 001-170-999-5250 92.90 47583 01/22/98 000307 TEMECULA TROPHY CO. RECOGNITION PLAQUES FOR CRC 001-100-999-5265 2,930.63 47583 01/22/98 000307 TEMECULA TROPHY CO. SALES TAX 001-100-999-5265 227.12 47583 01/22/98 000307 TEMECULA TROPHY CO. WALNUT GAVELS FOR NEW MAYOR, 001-100-999-5220 87.80 47583 01/22/98 000307 TEMECULA TROPHY CO. ENGRAVING OF PLATES FOR GAVELS 001-100-999-5220 16.08 47583 01/22/98 000307 TEMECULA TROPHY CO. 2 CITY SEALS ENGRAVED ON EACH 001-100-999-5220 16.00 47583 01/22/98 000307 TEMECULA TROPHY CO. SALES TAX 001-100-999-5220 9.29 3,379.82 47584 01/22/98 000311 TEMECULA VALLEY HIGH SC 97-98 COMM SERVICE FUNDING 001-101-999-5267 4,500.00 4,500.00 47585 01/22/98 000314 TEMECULA VALLEY MUSEUM DRAW REQUEST:FRAMING & DRYWALL 210-190-808-5804 34,623.00 34,623.00 47586 01/22/98 001483 TON DOOSON & ASSOCIATES MITIGATION MONITORING:REGIONAL 001-2620 2,753.00 47586 01/22/98 001483 TOM DODSON & ASSOCIATES MITIGATION MONITORING:CAMPOS V 001-2610 2,309.25 5,062.25 47587 01/22/98 000319 TOMARK SPORTS, INC. RECREATION SUPPLIES & EQUIP 190-183-999-5380 70.00 70.00 47588 01/22/98 002976 TOUSSAINT, RICHARD & SA SALES TAX ASSISTANCE CFD88-12 001-2030 206.42 206.42 47589 01/22/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 7,488.48 47589 01/22/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 165-2080 228.39 47589 01/22/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 1,622.96 47589 01/22/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 192-2080 .75 47589 01/22/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 24.32 47589 01/22/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 90.83 VOUCHRE2 01/22/98 VOUCHER/ CHECK NUMBER 47589 47589 47589 47589 47590 47590 47590 47590 47591 47592 47592 47592 47592 47593 47593 47593 47593 47593 47593 47593 47594 47595 47596 47596 47596 47596 47596 47597 47598 15:57 CHECK DATE 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 01/22/98 VENDOR NUMBER 001065 001065 001065 001065 000389 000389 000389 000389 002396 002923 002923 002923 002923 000325 000325 000325 000325 000325 000325 000325 002566 000333 001342 001342 001342 001342 001342 000339 001054 VENDOR NAME 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 (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S C M /PEBSCO (OBRA) U S LONG DISTANCE, INC. U S RENTALS U S RENTALS U S RENTALS U S RENTALS UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITED WAY VALLEY MICRO COMPUTERS WALL STREET JOURNAL WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WEST PUBLISHING COMPANY CALIFORNIA BUILDING OFF CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR LONG DISTANCE TELECOM PROVIDER FULL SIZE PICK-UP TRUCK RENTAL SALES TAX FULL SIZE PICK-UP TRUCK SALES TAX 000325 uw 000325 uw 000325 uw 000325 ug 000325 uw 000325 uw 000325 uw MISC COMPUTER SUPPLIES ONE YR SUBSCRIPTION RENEWAL MAINT SUPPLIES - SR CENTER MAINT SUPPLIES - PARKS MAINTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES - CITY MAINT SUPPLIES - CITY HALL CITY HALL LEGAL PUBLICATIONS CALBO CF:A.ELMO 3/8-11 ACCOUNT NUMBER 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 340-2160 320-199-999-5208 001-164-601-5238 001-164-601-5238 001-164-601-5238 001-164-601-5238 001-2120 165-2120 190-2120 192-2120 193-2120 194-2120 340-2120 320-199-999-5221 280-199-999-5228 190-181-999-5212 190-180-999-5212 190-182-999-5212 340-199-701-5212 340-199-701-5212 001-120-999-5228 001-162-999-5258 ITEM AMOUNT 481.73 58.98 583.33 134.83 439.08 147.64 642.38 77.18 1,325.36 512.98 18.60 87.02 27.90 152.00 6.00 34.80 .15 .75 4.00 .30 32.27 188.56 129.97 193.89 291.17 277.87 54.47 475.18 295.00 PAGE 9 CHECK AMOUNT 10,714.60 1,306.28 1,325.36 646.50 198.00 32.27 188.56 947.37 475.18 295.00 TOTAL CHECKS 2,303,956.83 VOUCHRE2 01/29/98 11::~3 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LCN/MO0 SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 29w852.08 3,44Z.g4 9,414.80 310.56 2,941.77 1,425.00 14,843.20 14,016.27 5,344.50 323.00 673.19 1,680.64 TOTAL 8~,267.25 VOUCHRE2 01/29/98 11 '.23 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAHE 47599 01/26/98 000314 47600 01/26/98 TEMECULA VALLEY MUSEUM BEAUMONT, CITY OF 47601 01/28/98 001264 PRICE COSTCO, INC. 47604 01/29/98 000724 A & R CUSTOM SCREEN PRI 47604 01/29/98 000724 A & R CUSTOM SCREEN PRI 47605 01/29/98 002999 A BASKET FULL 47606 01/29/98 002410 A WOMAN'S TOUCH BUILDIN 01/29/98 000440 AGLOW PHOTOGRAPHY 01/29/98 000440 AGLOW PHOTOGRAPHY 003129 ALBERTOS 001281 ALHAMBRA GROUP 003112 ALVAREZ, THERESA 000747 AMERICAN PLANNING ASSOC 47607 47607 47608 01/29/98 47609 01/29/98 47610 01/29/98 47611 01/29/98 47612 01/29/98 000101 47612 01/29/98 000101 47612 01/29/98 000101 47612 01/29/98 000101 47613 01/29/98 000195 47613 01/29/98 000195 47613 01/29/98 000195 47614 01/29/98 002541 47614 01/29/98 002541 47614 01/29/98 002541 APPLE ONE, INC. APPLE ONE, INC. APPLE ONE, INC. APPLE ONE, INC. ITEM ACCOUNT DESCRIPTION NUMBER EMWD CONNECTION/RCWO WTR METER 210-190-808-5804 LEAGUE DIV MTG:DOMENOE,C:1/28 EMPLOYEE LUNCHEON 1/29/98 SOFTBALL & BASKETBALL AWARDS SOFTBALL & BASKETBALL AWARDS MARKETING & PROMOTIONAL ITEMS JAN JANITORIAL SRVCS-PARKS COUNCILMEMBER PHOTOS FOR LOBBY SALES TAX EMPLOYEE LUNCHEON 1/29/98 LDSC ARCHITECT SRVCS:DUCK POND TCSD INSTRUCTOR EARNINGS MEMBERSHIP:S.NAASEH-SHAHRY '98 TEMP HELP W/E 12/13 STEWARD TEMP HELP W/E 12/13 WILLIAMS TEMP HELP W/E 12/20 WILLIAMS TEMP HELP W/E 12/20 WILLIAMS ASCOM HASLER MAILING SY MONTHLY POSTAGE METER RENTAL ASCOM HASLER MAILING SY METER RESET CHARGE ASCOM HASLER MAILING SY SALES TAX BECKER, WALTER ICRRL REPAIR EROSION AT PAUBA RD BECKER, WALTER KARL REPAIR FENCE:VIA LOBO CHANNEL BECKER, WALTER KARL CONSTRUCT ARIZONA CROSSING 47615 01/29/98 002099 BUTTERFIELD ENTERPRISES BATHROOM RENTAL OLD TOWN 47616 01/29/98 001260 C P R S MEMBERSHIP:K. HARRINGTON 98 47617 01/29/98 000674 CALIFORNIA CONTRACT CIT CF:2/6-8;ROBERTS & COMERCHERO HINTERGARDT PK LDSC IMPROV. HINTERGARDT PK LDSC IMPROV. S#401PRMT:ADA PRJT'FT BRIDGE LUNCHEON:FAM TRIP 12/2/97 SANTA ANA CREEK, 05/07/96 47618 47618 47619 47620 47621 01/29/98 000126 CALIFORNIA LANDSCAPE MA 01/29/98 000126 CALIFORNIA LANOSCAPE MA 01/29/98 001183 CALIFORNIA REGIONAL WAT 01/29/98 003091 CALLAWAY VINEYARD & WIN 01/29/98 000131 CARL WARREN & CO., INC. 001-120-999-5260 001-150-999-5265 190-183-999-5380 190-183-999-5380 280-199-999-5270 190-180-999-5250 001-100-999-5250 001-100-999-5250 001-150-999-5265 210-190-143-5802 190-183-999-5330 001-161-999-5226 001-150-999-5118 280-199-999-5362 280-199-999-5362 280-199-999-5362 330-199-999-5239 330-199-999-5239 330-199-999-5239 001-164-601-5402 001-164-601-5402 001-164-601-5402 280-199-999-5212 190-180-999-5226 001-100-999-5260 190-180-999-5212 190-180-999-5212 210-190-137-5804 280-199-999-5270 300-199-999-5205 ITEM AMOUNT 5,639.00 17.00 80.00 344.80 989.15 67.88 1,933.00 58.00 4.50 450.00 3,150.00 60.00 175.00 96.75 328.95 126.82 305.33 181.50 25.64 16.05 2,410.00 1,875.00 2,815.00 826.00 110.00 190.00 50.00 235.00 500.00 80.81 3,624.50 PAGE 1 CHECK AMOUNT 5,639.00 17.00 80.00 1,333.95 67.88 1,933.00 62.50 450.00 3,150.00 60.00 175.00 857.85 223.19 7,100.00 826.00 110.00 190.00 285.00 500.00 80.81 VOUCHRE2 CITY OF TEMECULA 01/29/98 11:23 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 47621 01/29/98 000131 CARL WARREN & CO., INC. AZCRAFT SERVICES, 08/15/97 300-199-999-5205 610.00 47621 01/29/98 000131 CARL WARREN & CO., INC. ONXY PAVING, 08/27/97 300-199-999'5205 690.00 47621 01/29/98 000131 CARL WARREN & CO., INC. ROBERTSON READY MIX,05/23/96 300-199-999-5205 55.00 47621 01/29/98 000131 CARL WARREN & CO., INC. SKYLINE CONSTRUCTION,04/07/97 300-199-999-5205 115.00 47621 01/29/98 000131 CARL WARREN & CO., INC. CAL-PALOMA DEL SOL, 05/20/97 300-199-999-5205 250.00 5,344.50 47622 01/29/98 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 80.00 47622 01/29/98 000135 CENTRAL CITIES SIGN SER SALES TAX 001-164-601-5244 6.20 86.20 47623 01/29/98 001197 CHOCOLATE FLORIST, THE SUPERBOWL PACKETS:COMPANIES 280-199-999-5362 150.00 150.00 47624 01/29/98 CISNEROS, CHERYL REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 47625 01/29/98 002147 COMPLIMENTS, COMPLAINTS DEC SANTA SUIT RENTAL 47625 01/29/98 002147 COMPLIMENTS, COMPLAINTS RENTAL:MICKEY THE MIME 280-199-999-5362 161.62 280-199-999-5362 200.00 361.62 47626 01/29/98 003059 COSTCO COMPANIES, INC (9) THOMAS BROS DIRECTORIES 001-162-999-5228 95.91 95.91 47627 01/29/98 003024 DISPLAY SALES BOW FOR O.T. CHRISTMAS TREE 280-199-999-5362 45.00 45.00 47628 01/29/98 000609 DOUBLETREE HOTEL HTL:CALBO CF A.ELMO 3/8-12 001-162-999-5258 340.00 340.00 47629 01/29/98 001380 E $ I EMPLOYMENT SERVIC TEMP HELP W/E 1/2 DE GANGE 001-161-999-5118 2,362.32 2,362.32 47630 01/29/98 002712 ECONOMIC & POLITICAL AN DEC ECONOMIC CONSULTING SRVCS 280-199-999-5248 1,000.00 1,000.00 47631 01/29/98 002802 ELLIS GROUP, INC. DEC LEGAL CONSULTING SERVICES 001-130-999-5250 2,220.00 47631 01/29/98 002802 ELLIS GROUP, INC. DEC LEGAL CONSULTING SERVICES 001-130-999-5250 60.00 47631 01/29/98 002802 ELLIS GROUP, INC. DEC LEGAL CONSULTING SERVICES 001-130-999-5250 760.00 3,040.00 47632 01/29/98 002128 ENGINEERING VENTURES, I DEC PROF LAND SURVEYING SRVCS 001-1280 2,250.00 2,250.00 47633 01/29/98 001056 EXCEL LANDSCAPE 47633 01/29/98 001056 EXCEL LANDSCAPE INSTALL PINE TREE:S.HICKS PRK 280-199-999-5362 SAM HICKS PRK LDSC IMPROVEMENT 190-180-999-5415 3,012.00 150.00 3,162.00 47634 01/29/98 002809 EXPERIAN CREDIT APS FOR RDA 280-199-999-5250 50.00 50.00 47635 01/29/98 000478 FAST SIGNS P.O.P & TRAFFIC SIGNS 001-170-999-5229 29.16 29.16 47636 01/29/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 80.35 47636 01/29/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-110-999-5230 10.00 47636 01/29/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 6.50 47636 01/29/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 190-180-999-5230 29.00 47636 01/29/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-161-999-5230 8.50 134.35 47637 01/29/98 000166 FIRST AMERICAN TITLE CO SUBSTITUTION OF TRUSTEE 190-180-999-5224 12.00 12.00 47638 01/29/98 001093 FRAZEE PAINT MISC PAINT AND SUPPLIES 340-199-701-5212 30.64 30.64 47639 01/29/98 000184 G T E CALIFORNIA - PAYM 909-676-0783-JAN-GENERAL USAGE 320-199-999-5208 56.36 47639 01/29/98 000184 G T E CALIFORNIA - PAYM 909-676-6243-dAN-PALA COMM PRK 320-199-999-5208 26.75 VOUCHRE2 01/29/98 VOUCHER/ CHECK NUMBER 47639 47639 47639 47640 47641 47642 47643 47644 47645 47645 47646 47646 47646 47646 47646 47647 47647 47648 47649 47649 47650 47650 47650 47650 47650 47650 47651 47652 47652 47653 47654 47655 47656 47656 11:23 CHECK DATE 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER NAME DESCRIPTION NUMBER AMOUNT 000184 00018~ 000184 G T E CALIFORNIA - PAYM 909-694-4354-JAN-PALA COMM PRK 320-199-999-5208 G T E CALIFORNIA - PAYM 909-695-3564-JAN-CITY ALARM 320-199-999-5208 G T E CALIFORNIA - PAYM 909-699-7945-JAN CRC FIRE ALRM 320-199-999-5208 001517 HEALTH & HUMAN RESOURCE 003106 HERITAGE SECURITY SERVI 000871 HILTON 001060 HYATT 000796 I c B 0 EMPLOYEE ASSISTANCE PRGM 001-150-999-5250 003109 INLAND AERIAL SURVEYS, 003109 INLAND AERIAL SURVEYS, SEC. FOR EQUIP. aTREE LIGHTING 280-199-999-5362 HTL:HOUSING CF:J.MEYER 2/2-4 165-199-999-5261 HTL:G.ROBERTS CSMFO CF:2/22-23 001-140-999-5258 SAN DIEGO CHPT MB:ELMO,ANTHONY 001-162-999-5226 AERIAL TOPOGRAPHIC OF RCSP SALES TAX 190-180-999-5224 190-180-999-5224 000283 INSTATAX (IRS) 4TH QTR MEDICARE TAX ADJT 190-18~-999-5104 000283 INSTATAX (IRS) 4TH QTR MEDICARE TAX ADdT 001-140-999-5104 000283 INSTATAX (IRS) 4TH QTR MEDICARE TAX N)dT 190-180-999-5104 000283 INSTATAX (IRS) 4TH QTR MEDICARE TAX ADJT 165-199-999-5104 000283 INSTATAX (IRS) 4TH QTR MEDICARE TAX ADJT 280-199-999-5104 002695 J A S PACIFIC CONSULTIN 002695 J A S PACIFIC CONSULTIN 000594 K R T M FM RADIO NOV TEMP HELP:LEONARD & TRAXEL NOV TEMP HELP:LEONARD & TRAXEL LIVE REMOTE ON 1/24 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 1/11 MILES TEMP HELP W/E 1/11 MILES 002789 KIMCO STAFFING SOLUTION 002789 KIMCO STAFFING SOLUTION 002789 KIMCO STAFFING SOLUTION 002789 KIMCO STAFFING SOLUTION 002789 KIMCO STAFFING SOLUTION 002789 KIMCO STAFFING SOLUTION TEMP HELP W/E 1/11 MACIAS TEMP HELP W/E 1/4 CARRISOZA TEMP HELP W/E 1/4 CARRISOZA TEMP HELP W/E 1/4 MACIAS TEMP HELP W/E 1/4 MACIAS TEMP HELP W/E 1/11 MACIAS LANEY, LORNA REFUND:SECURITY DEPOSIT 002933 LINSCOTT, LAW & GREENSP DEC ENG SERVS:PALA RD/RAINBON 001-162-999-5118 001-162-999-5118 280-199-999-5362 001-163-999-5118 001-164-604-5118 165-199-999-5118 280-199-999-5118 165-199-999-5118 280-199-999-5118 165-199-999-5118 280-199-999-5118 190-2900 210-165-689-5802 002933 LINSCOTT, LAW & GREENSP DEC PRF ENG SRVS:SIGNAL DESIGN 210-165-692-5802 002890 002229 LUCE PRESS CLIPPINGS, I 0008/,3 MCDANIEL ENGINEERING CO 00138~ MINUTEMAN PRESS 00138~ MINUTEMAN PRESS LOS ANGELES CELLULAR TE 909-223-1667-dAN-d.DOMENOE DEC PRESS CLIPPING SERVICES dAN PROF SERV:RANCHO 1-15 BROG 2000 PLAIN CITY SEAL ENVELOPES SALES TAX 001-170-999-5208 280-199-999-5250 210-165-601-5801 001-120-999-5222 001-120-999-5222 29.07 51.11 51.65 379.85 150.00 221.76 275.00 25.00 75.00 5.81 .94 .04 8.30 2.15- 2.15- 2,127.20 2,728.30 500.00 72.80 218.40 138.13 138.12 32.50 32.50 52.00 52.00 100.00 340.00 340.00 53.88 186.17 4,374.20 176.82 13.70 PAGE 3 CHECK AMOUNT 214.94 379.85 150.00 221.76 275.00 25.00 80.81 4.98 4,855.50 500.00 291.20 445.25 100.00 680.00 53.88 184.17 4,374.20 190.52 VOUCHRE2 01/29/98 11:23 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK NUMBER 47657 47658 47658 47658 47658 47659 47~0 47661 47661 47662 47662 47~3 476~4 476~)4 476~4 476~4 4706/+ 47~ 47~ 47664 47664 47664 476~)4 476~)4 47664 47665 47666 47~7 47~7 47~7 47~7 47~7 47667 47~7 47~7 47~7 47~7 47668 CHECK VENDOR VENDOR ITEM ACCOUNT ITEM DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 000228 00088~ 000883 000883 000883 001394 001599 002139 002139 002105 002105 002668 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 003021 003133 000253 000254 000254 000254 000254 000254 000254 000254 000254 000254 000254 002110 MOBIL CREDIT FINANCE CO 859 216 146 0 MOTORCYCLE FUEL MONTELEONE EXCAVATING MONTELEONE EXCAVATING MONTELEONE EXCAVATING MONTELEONE EXCAVATING REPAIRS TO 3 DESILTING PONDS REPAIR RAIN DAMAGED ROADS REPAIR RAIN DAMAGED ROADS 4000 GL UTR TRUCK FOR OLD TUN NATIONAL SANITARY SUPPL FLOOR BUFFER SUPPLIES & REPAIR NORTH COUNTY BASKETBALL BSKTBAL ASSIGNMENT/FORFEIT FEE NORTH COUNTY TIMES - AT OLD TUN FEST ADVERTISEMENTS NORTH COUNTY TIMES - AT CIP CONSTRUCTION UPDATES OLD TOUN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT OMEGA LAKE SERVICES PARK MAINTENANCE-DUCK POND PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PACIFIC BELL MOBILE SER JAN CELLULAR PHONE SERVICES PIC ENVIRONMENTAL SERVI ENVIRONMENTAL SITE ASSESS POSTMASTER ANNUAL P.O. BOX FEE PRESS-ENTERPRISE COMPAN ADVERTISEMENT-2 COLOR FLYER PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: PA97-0398 PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: PH 98-287 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: PH 98-288 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE; PA97-0438 PRESS'ENTERPRISE COMPAN PUBLIC NOTICE: PA97'0158 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: GRANNY FLATS PRESS-ENTERPRISE CONPAN PUBLIC NOTICE: UESTSIDE IMPROV PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: NESTSIDE IMPROV PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: SOUTHSIDE PRIME EQUIPMENT EQUIPMENT RENTAL FOR P.U. DEPT 001-170-999-5262 001-164-601-5401 195-180-999-5402 195-180-999-5402 001-164-601-5402 190-182-999-5250 190-183-999-5380 280-199-999-5362 001-165-999-5256 001-164-601-5214 001-164-604-5214 190-180-999-5212 001-140-999-5208 001-161-999-5208 001-120-999-5208 280-199-999-5208 001-100-999-5208 001-110-999-5208 001-150-999-5208 320-199-999-5208 001-163-999-5208 001-164-601-5208 001-164-604-5208 001-162-999-5208 190-180-999-5208 210-165-632-5700 330-199-999-5230 280-199-999-5362 001-161-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-161-999-5256 001-164-601-5238 132.76 2,000.00 855.00 570.00 325.00 41.46 1~.00 375.38 169.06 33.45 28.32 800.00 63.30 108.54 54.59 131.69 161.73 53.95 84.58 108.06 167.38 109.19 107.58 55.72 403.85 500.00 450.00 708.16 17.75 18.50 17.75 19.00 9.50 8.25 121.25 43.00 36.00 254.50 CHECK AMOUNT 132.76 3,750.00 41.46 175.00 544.44 800.00 1,610.16 500.00 450.00 999.16 254.50 47669 01/29/98 002776 PRIME MATRIX, INC. SC-5002330-8 CITY VAN 190-180-999-5208 27.96 VOUCHRE2 CITY OF TEMECULA 01/29/98 11=23 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 47669 01/29/98 002776 PRIME MATRIX, INC. SC-5001367-1 SN 47669 01/29/98 00277'6 PRIME MATRIX, INC. SC-5001377-0 SR VAN 190-180-999-5208 190-180-999-5208 2.70 44.43 75.09 47670 01/29/98 000255 PRO LOCK & KEY LOCKSMITH SERVICES - CRC 190-182-999-5212 47670 01/29/98 000255 PRO LOCK & KEY LOCKSMITH SERVICES - PARKS 190-180-999-5212 116.20 16.39 132.59 47671 01/29/98 001364 R C P BLOCK & BRICK, IN GRAFFITI REMOVAL SUPPLIES 47671 01/29/98 001364 R C P BLOCK & BRICK, IN SALES TAX 001-164-601-5218 001-164-601-5218 431.76 33.46 465.22 47672 01/29/98 000728 RAMSEY BACKFLOW & PLUMB REPAIR:BACKFLOW PREVENTION DEV 193-180-999-5415 47672 01/29/98 000728 RAMSEY BACKFLOW & PLUMB LDSCP REPAIRS g VARIOUS SITES 193-180-999-5415 47672 01/29/98 000728 RAMSEY BACKFLOW & PLUMB LDSCP REPAIRS g VARIOUS SITES 193-180-999-5415 20.00 970.00 1,446.00 2,436.00 47673 01/29/98 000260 RAN-TEC RUBBER STAMP MF RUBBER STAMP - APPROVED 47673 01/29/98 000260 RAN-TEC RUBBER STAMP MF SALES TAX 001-162-999-5222 001-162-999-5222 157.00 12.17 169.17 47674 01/29/98 002214 RANCHO AUTO UPHOLSTERY SEAT UPHOLSTERY:LAND DEV VEH 001-163-999-5214 260.00 260.00 47675 01/29/98 000262 RANCHO CALIFORNIA WATER 01-17-80000-1 VIA EDUARDO 001-164-601-5250 47675 01/29/98 000262 RANCHO CALIFORNIA WATER 01-06-84860-5 PUJOL ST 280-199-807-5804 47675 01/29/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 47675 01/29/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 47675 01/29/98 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 36.48 50.73 78.91 261.93 490.99 919.04 47676 01/29/98 001279 RANCHO NEWS, INC. 2 HALF PG ADS:OLD TWN FESTIVIT 280-199-999-5362 1,152.12 47676 01/29/98 001279 RANCHO NEWS, INC. 2 HALF PG ADS:OLD TWN FESTIVIT 280-199-999-5362 402.12 1,554.24 47677 01/29/98 002907 REINHART-FONTES ASSOC., APPRAISAL OF 28699 FRONT ST 280-199-999-5248 2,000.00 2,000.00 47678 01/29/98 001046 REXON, FREEDMAN, KLEPET DEC PROF LEGAL SERVS 001-130-999-5247 1,537.57 1,537.57 47679 01/29/98 000352 RIVERSIDE CO. ASSESSOR ASSESSOR MAP COPIES 190-180-999-5224 11.50 11.50 47680 01/29/98 003001 ROSS FENCE COMPANY RESIDENTIAL PROM: PANTALEON, R 165-199-813-5804 3,000.00 3,000.00 47681 01/29/98 002226 RUSSO, MARY ANNE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 700.00 700.00 47682 01/29/98 003062 SIGN XPRESS HOLIDAY FEST SIGNS FOR OLD TWN 280-199-999-5362 32.33 32.33 47683 01/29/98 000645 SMART & FINAL, INC. SUPPLIES FOR RECREATION 190-184-999-5301 22.15 22.15 47684 01/29/98 003002 SMOOTHILL SPORTS DISTRI RECTOR WRIST LARGE BLACK 190-183-999-5305 79.20 47684 01/29/98 003002 SMOOTHILL SPORTS DISTRI RECTOR WRIST MEOIUM BLACK 190-183-999-5305 79.20 47684 01/29/98 003002 SMC~3THILL SPORTS DISTRI FREIGHT 190-183-999-5305 4.42 47684 01/29/98 003002 SMOOTHILL SPORTS DISTRI SALES TAX 190-183-999-5305 11.48 174.30 47685 01/29/98 000537 SOUTHERN CALIF EDISON 2-07-626-6063 RANCHO VISTA 193-180-999-5240 14.78 47685 01/29/98 000537 SOUTHERN CALIF EDISON 2-02-351-6800 VARIOUS METERS 191-180-999-5240 50.23 47685 01/29/98 000537 SOUTHERN CALIF EDISON 60-77-832-9440-01 HWY-79 191-180-999-5319 181.42 246.43 47686 01/29/98 001212 SOUTHERN CALIF GAS COMP 091 024 9300 CRC 190-182-999-5240 2,157.61 2,157.61 VOUCHRE2 01/29/98 VOUCHER/ CHECK NUMBER 47687 47688 47689 47690 47691 47692 47692 47693 47694 47695 11:23 CHECK DATE 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 01/29/98 VENDOR NUMBER 002183 002366 001546 003132 OO313O 000307 000307 001633 003108 001060 VENDOR NAME SPORTS TURF MANAGERS AS STEAM SUPERIOR CARPET C STRAIGHT LINE GLASS SULMEYER, KUPETZ, BAUMA TECATE GRILL TEMECULA TROPHY CO. TEMECULA TROPHY CO. TEMECULA VALLEY ECONOHI TYSSELAND, ELSIE HYATT CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 98 NAT'L MMBSHP:HARRINGTONwK. CARPET CLEANING-CITY HALL REPAIR LEAK IN COHM DEV OFFICE RDA LEGAL SERVICES:75250001 EMPLOYEE LUNCHEON 1/29/98 TROPHIES FOR TURKEY/SKIT TROPHYS FOR BASKETBALL TEAHS T.V.ECO QTRLY MTG:2/3:BRADLEY HARPIST PERFORMED:OLD TWN FEST HTL:MCDERMOTT CSMFO CF:2/22-23 ACCOUNT NUMBER 190-180-999-5226 340-199-701-5212 340-199-701-5212 280-199-999-5246 001-150-999-5265 001-150-999-5265 190-183-999-5320 001-110-999-5260 280-199-999-5362 001-140-999-5258 ITEM AMOUNT 85.00 1,500.00 150.00 1,524.34 408.43 10.7'5 171.32 18.00 150.00 275.00 PAGE 6 CHECK AMOUNT 85.00 1,500.00 150.00 1,524.34 408.43 182.05 18.00 150.00 2~.00 TOTAL CHECKS 84,267.25 VOUCHRE2 01/29/98 11:58 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 190 COHHUNITY SERVICES DISTRICT 210 CAPITAL INPROVENENT PROJ FUND 280 REDEVELOPHENT AGENCY - CIP 300 INSURANCE FUND AHOUNT 189,382.42 15,7'~2.00 300,492.71 5,516.00 14,120.45 TOTAL 525,243.58 VOUCHRE2 01/29/98 VOUCHER/ CHECK NUMBER 47698 47699 47699 477O0 47701 47702 47703 47704 47704 47704 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47705 47706 47706 47707 47707 11:58 CHECK DATE 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 02/10/98 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 1 VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 001281 002086 002086 002577 000164 002695 003084 001585 001585 001585 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 ALHAMBRA GROUP CALIFORNIA PAVEMENT MAN CALIFORNIA PAVEMENT MAN ENGINEERING RESOURCES ESGIL CORPORATION J A S PACIFIC CONSULTIN JEFF KERBER POOL PLASTE PAUL GARDNER CORPORATIO PAUL GARDNER CORPORATIO PAUL GARDNER CORPORATIO RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHAROS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHAROS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHAROS, WATSON & GERS RICHARDS, WATSON & GERS RICHAROS, WATSON & GERS RICHARDS, WATSON & GERS RICHAROS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RIVERSIDE CO. SHERIFF'S RIVERSIDE GO. SHERIFF~S RIVERSIDE CONSTRUCTION RIVERSIDE CONSTRUCTION 000406 000406 LDSC ARCHITECT SRVCS-DUCK POND 210-190-143-5802 ANNUAL SLURRY SEAL PROJECT 001-2030 RETENTION W/H SLURRY SEAL PRJC 001-2035 0 T UTILITY UNDERGROUND STUDY 280-199-999-5248 DEC PLAN CHECK SERVICES 001-162-999-5248 DEC TEMP HELP:LEONARD/KOWATSCH 001-162-999-5118 RE-PLASTER POOL AT T.E.S. 190-180-999-5212 DEC PRGSS PMT:CO#1:WINCH ROAD DEC PRGSS PMT:RETENTION WH DEC PRGSS PMT:WINCH ROAD 210-165-640-5804 210-2035 210-165-640-5804 DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES OECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES OECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES DECEMBER 97 LEGAL SERVICES 001-130-999-5246 001-130-999-5246 001-130-999-5246 190-180-999-5246 001-130-999-5246 001-130-999-5246 001-1280 001-130-999-5246 001-1280 001-2640 001-1280 300-199-999-5246 300-199-999-5246 300-199-999-5246 001-130-999-5246 001-130-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 001-130-999-5246 280-199-999-5246 280-199-999-5246 HOLIDAY BIKE PATROL NOV/DEC 97 001-170-999-5326 NOVEMBER 97 BOOKING FEES 001-170-999-5273 JAN PRGSS PMT:RANCHO CAL/I-15 210-165-601-5804 10% RETENTION:JAN PMT:RNCH/I15 210-2035 6,915.00 142,179.46 14,217.95- 5,062.50 7,441.56 6,800.30 14,750.00 3,451.22 15,285.92- 149,408.00 5,220.18 2,774.75 4,337.75 982.00 286.00 33.00 2,753.50 714.00 937.50 3,466.97 3,337.75 97.50 6,466.50 137.25 6,163.00 612.00 4,369.55 202.75 927.50 36.00 514.00 1,369.40 2,692.25 59.50 394.00 5,460.00 8,390.40 173,338.23 17,333.82' 002181 002181 6,915.00 127,961.51 5,062.50 7,441.56 6,800.30 14,750.00 137,573.30 48,884.60 13,850.40 156,004.41 TOTAL CHECKS 525,243.58 ITEM 4 ... .. APPROVALiNc~ CITY ATTORNEY DIRECTOR OF F CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance February 10, 1998 City Treasurer's Report as of December 31, 1997 PREPARED BY: Tim McDermott, Assistan~ Finance Director Jesse Diaz, Accountant ~ RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of December 31, 1997. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of December 31, 1997 FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of December 31, 1997 2. Schedule of Assets, Liabilities, and Fund Equity as of December 31, 1997. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of December 31, 1997 Assets: Cash and investments Receivables Due from other funds Land held for resale Prepaid assets Deposits Fixed assets-net c~/(1) $ 36,388,944 $ 4,630,260 4,734,038 103,713 286,789 904,816 Total assets $ 47,048,560 Community Services Redevelopment District A~lenc¥ 577,946 $ 17,382,705 $ 144,150 1,225,999 80,297 2,103,053 Total 54,349,595 6,000,409 4,814,335 2,103,053 103,713 286,789 904,816 $ 802,393 $ 20,711,757 $ 68,562,710 Liabilities and fund equity: Liabilities: Due to other funds $ 975,208 Other liabilities 9,929,874 930,512 $ 2,908,615 $ 4,814,335 136,202 612,069 10,678,145 Total liabilities 10,905,082 1,066,714 3,520,684 15,492,480 Fund equity: Contributed capital 1,281,781 Retained earnings 944,720 Fund balances: Reserved (2) 8,816,015 Designated (3) 20,082,024 Undesignated 5,018,938 1,281,781 944,720 943,026 7,284,664 17,043,705 31 ,:264 9,906,409 30,019,697 (1,238,611) 3,780,327 Total fund equity 36,143,478 (264,321) 17,191,073 $ 47,048,560 $ 802,393 $ 20,711,757 $ Total liabilities and fund equity 53,070,230 68,562,710 (1) Includes General Fund, ClP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, low/rood housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. City of Temecula City Treasurer's Report As of December 31, 1997 Cash Activit7 for the Month of December Cash and Investments as of December 1, 1997 Cash Receipts Cash Disbursements Cash and Investments as of December 31, 1997 $ 48,416,868 10,684,955 (4,752,228) $ 54,349,595 (4) Cash and Investments Portfolio: Type of Investment Institution Yield Contractual/ Maturity Market Par/Book Date (2) Value Balance Petty Cash General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Checking Accounts (Sherwood/Pujol Apartments) Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts- CFD 88-12 (Money Market Account) Trust Accounts-TCSD COPs (Money Market Account) Reserve Account-TCSD COPs (Guaranteed Investment Contract) Trust Accounts-RDA Bonds (Money Market Account) Reserve Account-RDA Bonds (Guaranteed Investment Contract) City Hall Union Bank Union Bank (Highmark U.S. Treasury) Union Bank State Treasurer Home Savings of America ICMA PEBSCO PEBSCO FirstTru~(FirstAm. Go~) First Trust (First Am. Treasury) Bayerische Landesbank First Trust (First Am. Treasury) Bayerische Landesbank 4.690 % 5.744 % 5.500 % $ 1,500 $ 1,500 (958,752) (958,752) (1) 955,000 955,000 6,164 6,164 (1) 35,279,951 35,279,951 (3) 11,951 11,951 410,556 410,556 711,089 711,089 83,477 83,477 5,908,438 5,908,438 5.049 % 17,846 17,846 6.870 % 502,690 502,690 5.049 % 9,970,765 9,970,765 7.400 % 1,448,920 1,448,920 (1)-This amount is net of outstanding checks. $ 54,349,595 (2)-All investments are liquid and currently available. (3)-At December 31, 1997 total market value for the Local Agency Investment Fund (LAIF) was $28,991,335,851. The City's proportionate share of that value is $35,524,794. (4)-Increased cash receipts are due to the transfer of CFD 88-12 from Riverside County to the City effective December 1, 1997. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. ITEM 5 APPROVAL ~7,4 I, ~ C I TY ATT(~RNEY /~/'~'[A/O II DIR. OF FINANCE ~/,.~~_~ II C I TY MANAGER J~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance February 10, 1998 Property Insurance Renewal PREPARED BY: RECOMMENDATION: Melinda Flores, Senior Management Analys~~' That the City Council take the following action: 1. Approve the City of Temecula Property Insurance Policy renewal with Reliance Insurance Company and Royal, Agriculture and Frontier Insurance Companies for the period of February 26, 1998 through February 26, 1999 in the amount of $73,689; and, DISCUSSION: The City's general property insurance policy with Reliance Insurance Company expires on February 26, 1998. Based on the current market conditions, staff directed the City's property insurance broker, Barney & Barney, to market the City's property insurance policy. In response to this request, Barney & Barney validated the comprehensive inventory of all City buildings and property requiring coverage, and obtained four qualified proposals for basic property insurance from the following companies in the amounts listed. Additionally, Barney & Barney has provided a proposal for earthquake and flood insurance from Royal Insurance Company/Agricultural Insurance Company/Frontier Insurance Company: INSURANCE CARRIER BASE PREMIUM EARTHQUAKE TOTAL PROPERTY & FLOOD PREMIUM Reliance Insurance Affiliated FM Kemper Insurance Travelers Insurance $29,939 $43,750 $73,689 $33,500 $43,750 $77,250 $34,000 $43,750 $77,750 $35,000 $43,750 $78,750 This year, the proposed City premiums for property, earthquake and flood insurance remains essentially close to last year's insurance policy of $74,538 while also providing increased coverage for certain property items and a substantial reduction under the deductible for earthquake insurance. The City will maintain earthquake coverage in the amount of $10 million based on the total value of all City propertv having been valued at $18.8 million, however, it is unlikeIv that total losses would occur in the event of a major earthquake or flood. All carriers are admitted carriers in the State of California. This means that if any of these carriers were to become insolvent, then the City would have the benefit of the California Guarantee Fund to pay all covered claims made during the policy period. The attached proposals summarize the premium and coverage provided by Reliance Insurance Company and Royal Insurance Company/Agricultural Insurance Company/and Frontier Insurance Company (Earthquake and flood). The City will receive the same overall coverage and deductibles as were received in the prior year policy. FISCAL IMPACT: for the $73,689. Adequate revenues are available in the Insurance Internal Service Fund Attachments: 1. Reliance Proposal Summary 2. Hartford Steam Boiler Proposal Summary 3. Earthquake Coverage to be Provided 4. Insurance Premium Summary RELIANCE INSURANCE COMPANY PROPOSAL SUMMARY TERM: FORMAT: NAMED INSURED: February 26, 1998 - February 26, 1999 Occurrence City of Temecula BLANKET PROPERTY COVERAGE LOCATION ALL BUILDING 91 2,287,250 CONTENTS LIMIT 92,174,855 DEDUCTIBLE 95,000 per occurrence OPTIONAL COVERAGE INCLUDED: COVERAGE LIABILITY LIMIT DEDUCTIBLE Debris Removal 910,000 95,000 Pollutant Cleanup and 950,000 95,000 Removal Preservation of Property Included 95,000 Fire Department Service Included N/A Charge Newly Acquired Real & 92,000,000 95,000 Personal Property Building Property Off 910,000 95,000 Premises Broadened Building Included 95,000 Architect Fees Included 95,000 Paved Surfaces Included 95,000 Building Owner Included N/A Glass Included 9250 Lawns, Trees, Shrubs, and 9100,000 91 O0 Plants Recharging Included N/A Detached Outdoor Signs 910,000 $1 O0 Incidental Locations 910,000 95,000 Personal Effects 910,000 91 O0 Transit $50,000 $250 Brands and Labels Included $5,000 Water Damage Included $5,000 Arson Reward $5,000 N/A Crime Reward 91,500 N/A Change in Temperature 925,000 9250 Valuable Papers Per Inland Marine Coverages $1,000 Accounts Receivable $100,000 N/A Jewelry and Watches $2,500 9100 Fur and Fur Garments $2,500 $100 Patterns, Dies and Molds Included Extra Expense Per Property Coverage Water Backup Included Money and Securities $25,000 Fine Arts Included in Business Property Breakage for Fine Arts Not Covered $10,000 $5,000 N/A $5,000 N/A 95,000 N/A N/A Inventory or Appraisal Cost Loss Adjustment Included N/A Ordinance or Law - Coverage A Ordinance or Law - Coverage B Ordinance or Law - Coverage C Included in building limit Off Premises Services (Direct Damage) $5,000 9500,000 $500,000 Not Covered 95,000 $5,000 N/A INLAND MARINE COVERAGE PROVIDED BY RELIANCE ELECTRONIC DATA PROCESSING EQUIPMENT (EDP) DEDUCTIBLE: COINSURANCE: VALUATION: $500 Agreed Value Replacement Cost ADDITIONAL COVERAGES LIMIT DEDUCTIBLE Computers/Peripheral $ 891,269 $ 500 Devices Media $241,269 $500 Air Conditioning Damage Included Included Discharge of Extinguishing $5,000 N/A Agents Duplicate Software $50,000 Included Extra Expense $60,000 N/A Flood and Water Damage Not Covered Incompatibility of Software $5,000 Included Laptop and Portable $5,000 Included Equipment New Acquired Locations $500,000 Included Transfer Between Locations $500,000 Included Transit $10,000 Included OTHER INLAND MARINE COVERAGE PROVIDED BY RELIANCE DEDUCTIBLE: COINSURANCE: VALUATION: SCHEDULED EQUIPMENT: $1,000 Agreed Amount Actual Cash Value 1991 Massey Ferguson Trailer 2 Utility Trailers 1992 Flexo Arrow Trailer Speed Limit Sign John Deere 310D Backhoe Police Command Trailer 2 Cairnsiris Helmets ($25,350) High Density Mobile Storage System Traffic Signal Modification Scheduled Equipment Total ~31,500 $7,910 $5,5O0 $10,000 $64,76O $45,000 $50,700 $18,750 ~ 14.590 ~;248, 710 ADDITIONAL COVERAGES Borrowed Property on Any One Item Employee Tools and Clothing/Any One Employee Leased or Rented Equipment Includes continuing Rental Payments LIMIT $1,500 5,000191,000 Not Covered DEDUCTIBLE 9500 9500 N/A Loaned at Job Site Not Covered N/A Misc Tools and Equipment 9177,385 91,000 Any One Item 915,000 Newly Acquired Property 925,000 91,000 Rental Reimbursement 910,000 91,000 Valuable Papers and Records 91,050,000 91,000 HARTFORD STEAM BOILER INSURANCE PROPOSAL SUMMARY (Endorsement provided under Reliance Insurance Company) BOILER & MACHINERY COVERAGE OBJECTS COVERED: Pressure and Refrigeration Objects Mechanical Objects Electrical Objects Comprehensive Excluding Production Machinery COVERAGE LIMIT ...........................................DEDUCTIBLE ..... Direct Damage $3,500,000 $1,000 Expediting Expense $5,000 $1,000 EARTHQUAKE AND FLOOD INSURANCE COVERAGE TO BE PROVIDED BY ROYAL INSURANCE COMPANY, AGRICULTURAL INSURANCE COMPANY AND FRONTIER INSURANCE COMPANY PERILS INSURED: INTERESTS COVERED: LIMITS OF LIABILITY: DEDUCTIBLES: EXCLUSIONS: VALUATION: Earthquake and flood, and perils resulting in difference in conditions. Buildings, contents, extra expense, valuable papers, electronic data processing (EDP) hardware and software, and EDP extra expense. $10,000,000 per occurrence, with Separate Annual Aggregate with respect to earthquake and flood. The first $5 million is provided by Royal, and the supplemental $5 million is provided by Agricultural and Frontier. 5% per unit of insurance, including Time Element as a unit 950,000 minimum per occurrence for earthquake 9100,000 per occurrence for flood 925,000 per occurrence - all other perils Pollution, contamination, theft, asbestos, Flood Zone A Replacement cost, except actual loss sustained on extra expense. PROPERTY INSURANCE PREMIUM SUMMARY · .. ..'":: '.." '.: :::':":. ::::: ..... "~.:.." :.'.: ...:.. :.: ....... :.: :::':'i.i i::."~.i::":':'~.:': :.:. ::.:.:.:: ..i :::'.. i::::::PRE'MIUM ' ' Property Except Apartments Reliance Insurance Co. A-,XII 919,648 Property - Apartments Reliance Special Risk A-,XII 93,645 Inland Marine Reliance Insurance Co. A-,Xll $5,639 Boiler & Machinery Hatford Steam Boiler will A + ,XV $1,007 be endorsed onto Reliance Insurance package TOTAL ESTIMATED ANNUAL PREMIUM $29,939 DIFFERENCE IN CONDITIONS INCLUDING EARTHQUAKE AND FLOOD INSURANCE SUMMARY PARTICIPATING COMPANY LAYER/PARTICIPATION/PREMIUM LAYER COMPANY PARTICIPATION BEST'S PREMIUM RATING 95,000,000 Royal 100% A-XII $30,000 94,000,000 Agricultural 80% A Xl 911,000 p/o 95 mm Insurance Co. x/s 95 mm $1,000,000 Frontier 20% A- VII $2,750 Insurance Co. TOTAL ESTIMATED ANNUAL PREMIUM $43,750 ITEM 6 CITY OF TEMECULA AGENDA REPORT CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance February 9, 1998 Fire Protection Agreement for Fiscal Year 1997/98 RECOMMENDATION: That the City Council approve the Fire Protection Agreement for Fiscal Year 1997-98 and authorize the Mayor and City Clerk to execute the agreement, final form to be approved by the City Manager and the City Attorney. BACKGROUND: Attached is the Fire Services Contract with Riverside County. Each year it is necessary to update the contract in accordance with the City's approved budget for Fire Services. This agreement provides for the level of service delivery as authorized by the City Council and approved with the 1997-98 Operating Budget. FISCAL IMPACT: Adequate funds are budgeted for fiscal year 1997-98 Fire Services as stated in the attached. Attachment: Riverside County Fire Services Contract for 1997-98 R: iNOR TONL b4 G £NDA $ IRR£$£R V. A G N 2/2,/98 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue ~ Perds, California 92570 ~ (SO~) 940-6~X) ~ FAX (909) 940-6~ O Fire Chief December 17, 1997 Proudly serving the unincorporated areas of Riverside County and the cities of: Beaumont Calimesa Canyon Lake 4' Coachella Desert Hot Springs Indian Wells Indio Lake Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage San Jacinto Temecula Board of Supervisors Bob Buster, Distri~ 1 John Tmmgliorm, District 2 Jim Yenable, District 3 Roy Wilson, District 4 Tom Mullen, D~tdct 5 Ron Bradley, City Manager City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Dear Mr. Bradley: Attached for your review and processing with the City Council is the First Amendment to the Fire Protection Agreement between the City and County Fire. The Exhibit "A" reflects the final rate letter from CDF and does not provide for any pay increase for 97/98. Therefore there is a reduction in estimated cost of services for fire personnel at the station and is reflected in the new numbers. Additionally the final rate letter included a reduced benefit rate for the CDF personnel reflecting a decrease of 1.6%. The amount shown for structural fire tax and the redevelopment pass thru (if applicable) reflect the latest information from the Auditor Controller's Office. After processing with the City Council, please return three copies with original signatures. After processing with the Board of Supervisors, we will return a fully executed copy to you for your files. If you have any questions, contact me at (909)940-6906. Sincerely, JAMES M. WRIGHT County Fire Chief By: WALTER ANDREWS Administrative Manager WA:db Enclosures FIRST AMENDMENT COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA THIS FIRST AMENDMENT is made and entered into by the CITY OF TEMECULA and the County of Riverside. RECITALS WHEREAS, The parties heretofore entered into an agreement entitled "A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA" (the "AGREEMENT") dated September 23, 1997; and WHEREAS, the parties are requesting an amendment to said agreement attachment Exhibit "A"; and WHEREAS, the purpose of this amendment is to update the rates. COVENANTS NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties agree as follows: 1. AMENDMENT. The parties agree that Exhibit "A" of the agreement is hereby amended to provide as follows: The attached Exhibit "A" shall be in place for the Fiscal Year 1997/98. 2. EFFECTIVE DATE. This First Amendment shall become effective upon execution by all of the above-mentioned parties. IN WITNESS HEREOF, the City has caused this agreement to be signed and sealed and the County of Riverside by order of its Board of Supervisors, made , has caused this agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of the Board, all on the day and year first above written. Dated: CITY OF TEMECULA ATTEST: BY: By: TITLE: TITLE: COUNTY OF RIVERSIDE ATTEST: BY: BY: CLERK OF THE BOARD CHAIRMAN, BOARD OF SUPERVISORS 01/06/98 STA. #12 STA. #73 STA. ~ TEMECULA STAFFING LEVEL FISCAL YEAR 1997/98 - 3 PERSON ENGINE CO. 4 PERSON TRUCK CO. SERVICE DELIVERY I - CAPT. COST 1.6 - ENG. 224,058 199,792 234,711 199,792 228,183 199,792 SUBTOTAL 5.2 FF II 331,776 331,776 331,776 EXHIBIT "A" TOTAL 755,627 766,280 759,752 $2,281,658 3 - CAPT. 3 - ENG. 6 - FF II's 125,195 109,059 191,409 52,051 /EA TRUCK COMPANY (50%) 1 - BATTALION CHIEF 1 - FIRE MARSHALL (B/C) 2.5 - FIRE SAFETY SPECIALIST I - FIRE SYSTEMS INSPECTOR SUBTOTAL TOTAL 425,664 105,689 105,689 130,128 42,233 $809,402 TOTAL DOLLARS FOR STAFFING TEMECULA TAX CREDIT NET CITY BILLING TAX CREDIT: FIRE TAXES REDEV. TAXES TOTAL SERVICE DELIVERY COSTS: SUPPORT SERVICES Administration Fire Prevention Automotive Dispatch Training Data Processing Haz. Materials Team Communications Accounting Personnel Public Affairs Procurement Volunteer Support Emergency Services 1,386,594 163,537 1,550,131 OPERATING SERVICES Telephone Radio Maintenance Facility Maintenance Utilities Vehicle Maintenance Fire Engine Fire Engine Maint. Fire Fighting Equip. Training First Aid Supplies Office Supplies/Equip. CAPITAL EQUIPMENT Fire Engines $3,091,061 (1,550,131) 1,540,930 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 26 27 28 A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, AND MEDICAL AID FOR THE CITY OF Temecuia THIS AGREEMENT, made and entered into this 25th day of February, 1997 , by and between the County of Riverside, hereinafter called "County", and the City of Temecula , hereinafter called "City", whereby it is agreed as follows: PURPOSE The purpose of the Agreement is to arrange for the County, through its Cooperative Agreement with the State of California, to provide the city with fire protection, fire prevention, rescue, and medical aid services, herein after called fire protection services. This Agreement is entered into pursuant to the authority granted by Government Code Sections 55603, 55603.5, 55632, 55606 and 55642, and will be mutually advantageous to the City and the County in that it will and will provide a unified, cooperative, integrated, and effective fire protection, rescue, and medical aid system to protect lives, property and natural resources. II COUNTY IN CHARGE A. The County Fire Chief shall represent both parties during the period of this Agreement and that Officer shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing fire protection services as deemed necessary to satisfy the needs of both the County and of'the City, except upon those lands wherein other agencies of government have responsibility for the same or similar fire protection services. B. The County will provide the services (at the levels specified in Exhibit "A") in return for the payments made by the City under Paragraph III. C. The County ~ill be allowed flexibility in the assignment of available personnel and equipment in order to provide the fire protection services, rescue and medical aid services as agreed upon herein. /// /// 4 6 ? 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 D. The County provides fire personnel thru its contract with the California Department of Forestry and Fire Protection and if during the term of this agreement City shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit "A", City shall provide one hundred twenty (120) days written notice of the requested reduction. Proper notification shall include the following (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, City shall reimburse County for relocation costs incurred by STATE because of the reduction. Personnel reductions resulting solely due to an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit "A" to this agreement shall not be subject to relocation expense reimbursement by City. E. The City shall appoint the County Fire Chief referred to under-Paragraph A. above, to be the City Fire Chief. III PAYMENT FOR SERVICES A. The City has appropriate a sum of money to provide fire protection services within the area of responsibility of the City for the period from the date of execution of this Agreement to June 30, 1997 B. The County shall make a claim to the-City for the- cost of contracted services--as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 31, claim in October; (2) October 1 through December 31, claim in January; (3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in April for estimated cost of services, with final reconciliation to actual costs resulting in an additional claim or refund to City, in July. City shall pay each claim within fifteen (15, days after receipt thereof. The County shall allow a credit to each claim in the amount of 25% of the - Structural Fire Taxes as determined by County to be collected in each Fiscal Year of this Agreement. The allowed credit shall not exceed the cost of contracted services. C. Any change of the salaries or expenses set forth in said Exhibit "A" made necessary by action of the Legislature or any other public agency with authority to direct changes in the level of salaries or expenses, shall b~ paid from the funds represented therein or as on said Exhibit "A". There shall be no obligation on the part of the City to expend or appropriate any sum in excess of the total of of Exhibit "A" which exceeds the appropriation of the City for the purposes of the Agreement. If within thirty (30) days after notice, in writing, from the County to the City that the actual cost of maintaining the services 1 2 3 4 5 6 7 8 specified in Exhibit "A" as a result of Legislative or other action will exceed the total amount specified therein, and the City has failed to agree to make available the necessary additional funds, the County shall have the right to reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify the City, in writing, specifying the services to be reduced. If City desires to add funds to the total included herein to cover the cost of increased salaries or services, such increase shall be accomplished by an amendment to this Agreement approved by the parties hereto. _ IV HOLDING OVER A. The initial term of this Agreement shall be from 9 J~M ~. i~96 , to June 30, ~999 . Either party to this Agreement may terminate this ~e-~nt by providing a written 10 notice of termination to the other party hereto twelve (12) months prior to the expiration of the term hereof. In no event 11 shall this Agreement be terminated by either party prior to 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 28 June 30, 1997 If no written notice of termination is received by either party prior to June 30, i999 , this Agreement shall be automatically renewed at the same level of service, but at the level. of expense in effect for the year of renewal, and otherwise on the same terms and conditions herein specified, so far as applicable until: (1) A new Agreement is fully executed, or (2) Termination of the Agreement following twelve ( 12 ) · months prior written notice of termination, or (3) New Exhibit "A" is mutually agreed to by and between the parties. B. This Agreement may be terminated' by mutual consent of the parties any time after June 30, 1999 . C. Nothing herein shall be constructed as excusing City's compliance with Government Code Section 25643. V COOPERATIVE OPERATIONS All fire protection, rescue, and medical aid work contemplated under this Agreement shall be done by both parties to this Agreement working as one unit; therefore, personnel and equipment, regardless of whether they are included in Exhibit "A" may be temporarily dispatched elsewhere from time to time ~f0r /// 1 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 27 g8 mutual aid. Coverage will be provided to city following the County's standard move-up and cover procedures. VI MUTUAL AID When rendering mutual aid or assistance as authorized in Section 13050 and 13054, Health and Safety Code, the County may-demand payment of charges and seek reimbursement of City costs for personnel as funded herein, under authority given by Section 13051 and 13054, Health and Safety Code. The county in seeking said reimbursement will represent the City in following the procedures set forth in Section 13052, Health and Safety Code. Any recovery of City costs, less collection expenses, will be credited to the City. vii PROPERTY ACCOUNTING All personal property provided by Agency and by the County for the purpose .of providing fire protection and rescue services under the terms of this Agreement shall be marked and accounted for by the County Fire Chief in such a manner as to conform to the standard operating procedure established by the county Fire Department for the segregation, care, and use of the respective property of each. VIII INDEMNIFICATION A~[' City shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the County by the provisions of Section 895.2 of the Government Code of the State of California, and City shall defend at its expense, including attorneys fees, County, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. B. County shall indemnify and hold City, it officers, agency, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon /// any act or omission of County, it officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, occurring in the performance of this Agreement between the parties hereto to the extent that such liability is imposed on the City by the provisions of Section 895.2 of the Government Code of the State of California, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractor in any legal action or claim of any kind based upon such alleged acts or omissions. IX ~8 DELIVERY OF NOTICES 9 Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States 10 mail and addressed to: 11 COUNTY CITY OF Temecula 13 14 15 16 17 18 19 2O 21 24 25 26 27 28 County Fire Chief 210 W. San Jacinto Ave. Perris, CA 92370 43174 Business Park Drive Temecula , CA 92590 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. ENTIRE CONTRACT This contract is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior contemporaneous agreements and understandings, oral or written, in connection therewith. This contract may be terminated, changed, or modified only upon the written consent of the parties hereto. .. IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. /// /// 7 8 lO ll 12 13 14 15 16 17 18 19 20 21 23 25 26 27 Dated: 2/25/97 APPROVED AS TO FORM 4 Peter Thorson, City Attorney ATTEST: Title .... City Clerk ATTEST: $EP 2 ~ 1907 GERALD A. MALONEY Clerk of the: Board B ';/(SEAL) AGR\FORM 6-28-95 PORtvl APP ROVED OOUNTY GOUNSEL AUG ~ 8 1997 CiTY OF TemeculI Title Mayor COUNTY OF RIVERSIDE Chairman, Board of Supervisors ROBERT A. BU$1'~R ,. FEB- 6-97 FR! 1'26'P~ P. I 0~-~eb-9~ eTA. 912 STA. #?3 STA. #84 T~M~CULA STAFFIN(~ LB%~I.. FISCAL FEAR 1996/97 - 3 P~RSON B~~ CO. 4 PBRSON TRUCK CO. RXHIBXT "A' S~RVICE D~LIVERY 1 - CAPT. 5.2 COST 1.6 - HN~. PF II TOTAL 219,317 201,709 334,953 755,979 229°970 201,709 334,953 766,632 223,442 201,709 334,953 760,10& $2,282,716 TRUCK CTM4PANY (50%1 126, ~9~ i - BAITALION CHIRF 2 - FIRE 8AFBTY SPECIALIST I - FIR~ SYSTEMS INSPgCTOR 3 - EN~. 6 - FP II's 110,103 193,242 47,137 /EA 6 MONTHS 429,74& 106,714 20,890 $651~622 TOTAL DOLLARS FOR STAFFING TEM~CULATAX CREDIT NET CITY BILLING $2,934,338 (1. 495,406) 1,438,932 TAX CREDIT: FZRB TAXES ~EV. TAXBS TOTAL 1,331,869 163,537 1,495,406 8EKVIC~ DSLZVBRY COSTS: SUPPORT SBRVICE$ Admin£s~raUion Fire Preven=ion AuComocive Training Data ~ro=essin~ Has. Materials Team Commun~¢&=ione Accoun= ing Pereonnel P~liC Af~&irs Volun=eer Suppot= ~~ency Se~ices 0P~ATIN~ SBRVrC~S ($105,027) Telephone Radio Haintenance p&c~li=yMain=enance Utilities F~re Engine Main~. Piro Fighting Equip. Training Pirst Aid SuDplies 0f£ice s'u~plies/EcpAiP. CAPITAL EQUZPMKNT Fire ~ngines (13,529) ITEM 7 FINANCE DIREC~:OR~ II CITY MANAGER ~ II TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer February 10, 1998 Tract Map No. 23371-7 Located on the Northerly Side of Rancho California Road between Margarita Road and Meadows Parkway PREPARED BY: Ronald J. Parks, Principal Engineer - Land Development Larry D. Cooley, Assistant Engineer RECOMMENDATION: That the City Council approve Final Tract Map No. 23371-7 subject to the Conditions of Approval. BACKGROUND: Tentative Tract Map No. 23371 was approved by the Riverside County Board of Supervisors on November 8, 1988. The tentative map was approved to allow the filing of multiple final maps. Tentative Tract No. 23371, which is part of the Margarita Specific Plan No. 199, was granted an initial extension of time on November 8, 1990. An amendment processed in the fall of 1997, between the City and McMillin Project Services, Inc., extends the life of the tentative map until November 8, 2000. The Developer has met all of the applicable Conditions of Approval for the recordation of the subject 'final' map for 45 single-family lots. The following fees have been paid for Tract Map No. 23371-7: Planning and Engineering Review Fees Monumentation Review Fee Stephen's K-Rat Fee Area Drainage Plan (ADP) Fee to Riverside County Flood Control District The following fees have been deferred until first building permit by the developer of Tract Map No. 23371-7: Public Facilities Fees (per Development Agreement No. 5 and MOU) The following security for construction of street improvements has been posted for Tract Map No.23371-7: Faithful Performance Bond for the sum total of $422,616; Labor and Materials Bond in the amount of $211,758; Monumentation Bond in the amount of $31,400. - 1 - r:\agdrpt\98\0210\tr233717. map FISCAL IMPACT: None. ATTACHMENTS: I . Development Fee Checklist Fees and Securities Report Location Map -2- r:\agd rpt\98\0210\tr233717. map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Tract MaD No. 23371-7 The following fees and deposits were reviewed by Staff relative to their applicability to this project: Fee Habitat Conservation Plan (K-Rat) ADP Public Facility Quimby' Condition of A_oproval Established under County COA Due Prior to Grading Permit (Paid) Established under County COA Due Prior to Final Map (Paid) Section 4.2;Development Agreement No.5 Due Prior to Building Permit Section 4.2;Development Agreement No.§ Due Prior to Building Permit 'Pursuant to Amendment No.3 of the Margarita Village Specific Plan, the park land dedication (Quimby) for this tract shall be satisfied through the future dedication and construction of a 12.5 acre community park facility at the southwest corner of La Serena Way and Meadows Parkway. -3- r:\agdrpt\98\0210\tr233717. map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23371-7 , IMPROVEMENTS STREETS WATER SEWER TOTAL Monument Security DATE: February 10, 1998 LETTER OF CREDIT SECURITY 268,656 73,860 80,100 422,616 $31,400 DEVELOPMENT FEES RCFCD Drainage Fee Public Facilities Fees Quimby Fee' SERVICE FEES Planning Fee Comprehensive Transportation Plan Map Check Fee Monument Inspection Fee Fees Paid to Date to City Balance of Fees Due 922,291.43 9T.B.D. 9NA 9153.00 9 8.00 91,790.00 91,570.00 $3,521.00 90.00 'Pursuant to Amendment No.3 of the Margarita Village Specific Plan, the park land dedication (Quimby) for this tract shall be satisfied through the future dedication and construction of a 12.5 acre community park facility at the southwest corner of La Serena Way and Meadows Parkway. -4- r:\agdrpt\98\0210\tr233717.map TRACT 23371.7 LOCATioN MAp / / / / / / / 47 N57" 15 'C' 45 44 27 70 '] 26 28 35 POINT WOODS COURT LOT 'C' ~6 37 [ HONORS DRIVE c.~3'oo,oo,c , N63', ,00'00'E 456.74' ~FF~'\CT NO ~,' c)c)_ 13 LOT ..... I t I I / / / \ TEUECULA CALIFORNIA TEMECULA [ / / / / J ITEM 8 CITY ATTO~P-J~LV'~RNEY FINANCE DIRECTOI~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager (~~,~Joseph Kicak, Director of Public Works/City Engineer February 10, 1998 Tract Map No. 24186-3, Located west of Sunny Meadows Drive, south of Jerez Lane. PREPARED BY: ~Ronald J. Parks, Principal Engineer- Land Development /~ Yi~13erald L. Alegria, Assistant Engineer RECOMMENDATION: That the City Council approve Tract Map No. 24186:3 in conformance with the Conditions of Approval· BACKGROUND: Vesting Tentative Tract Map No. 24186, was approved by the City of Temecula Planning Commission on December 8, 1992· The Developer, CAL-CPS Southeast, LLC has met all of the Conditions of Approval· Tract Map No. 24186-3 is a fifty six (56) lot single family residential subdivision, of 9.4 net acres, located west of Sunny Meadows Drive, south of Jerez Lane· The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24186-3: Public Facilities Development Impact Fee - Due upon final inspection of building permit FISCAL IMPACT: None Attachments: I · 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Tract Map No. 24186-3 r:\egdrpt\98~210~241 Be-3.fnl/je CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tract Map No. 24186-3 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee Quimby Fees CONDITIONS OF APPROVAL Not within Area Drainage Plan To be paid at final inspection of building permit The City's park land dedication requirement (Quimby) shall be satisfied pursuant to Development Agreement No. 5, Addendum No. I r:~Gdrpt~8~210~24188-3.frd/ja CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24186-3 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY Street and Drainage $ 304,000 Water $ 95,500 Sewer $ 86,500 Monument $ 12,155 TOTAL DATE: February 10, 1998 498,155 MATERIAL & LABOR SECURITY 152,000 47,750 43,250 0 243,000 ~ DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee $ 0.00 $ NA SERVICE FEES Planning Fee Comprehensive Transportation Plan Tract Map Plan Check Fees Paid to Date Balance of Fees Due 159.00 $ 8.00 2,077.00 $ 0.00 * Per Development Agreement No. 5, Addendum No. I r:~oclrlot~98~210~24184-3.fnl/Jl ill ~,~j f~) ~,.,. & & .=.=.--~--=~ &&& &&&&&& && ~ =~ ...... i - ONO~QOOOOO0 & ==~=~~ -/ ITEM 9 iiiiiii .i CITY ATTORNEY FINANCE DIRECTOI~ ~ ~ CITY MANAGER ~" II CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer February 10, 1998 SUBJECT: PREPARED BY: Tract Map No. 24186- F, Located north of Leena Way ,between Meadows Parkway and Campanula Way.' , , , /~R, onald J. Parks, Principal Engineer- Land Development ~~erald L. Alegria, Assistant Engineer RECOMMENDATION: That the City Council approve Tract Map No. 24186- F in conformance with the Conditions of Approval. BACKGROUND: Vesting Tentative Tract Map No. 24186, was approved by the City of Temecula Planning Commission on December 8, 1992. The Developer, CAL-CPS Southeast, LLC has met all of the Conditions of Approval. Tract Map No. 24186-F is a one hundred fifteen (115) lot single family residential subdivision, of 15.1 net acres, located north of Leena Way, between Meadows Parkway and Campanula Way. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24186- F: Public Facilities Development Impact Fee - Due upon final inspection of building permit FISCAL IMPACT: None Attachments: . 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Tract Map No. 24186-F r:~gdrpt~JS~210~241BS-f.fnL/Je CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tract Map No. 24186-F The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee Quimby Fees CONDITIONS OF APPROVAL Not within Area Drainage Plan To be paid at final inspection of building permit The City's park land dedication requirement (Quimby) shall be satisfied pursuant to Development Agreement No. 5, Addendum No. 1 r:\~adrpt~OB~210~24118-f.ffd/jl CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 241864= IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY TOTAL 889,270 DATE: Februar~ 10, 1 MATERIAL & LABOR SECURITY 998 Streets, Drainage $ 566,000 $ 283,000 Water $ 149,500 $ 74,750 Sewer $ 151,500 $ 75,750 Monument $ 22,270 $ 0 433,500 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Tract Map Plan Check Fees Paid to Date Balance of Fees Due Per Development Agreement No. 5, Addendum No. I $ 0.00 $ NA $ 219.00 $ 8.00 $ 3.110.00 $ 3,337.00 $ 0.00 r:~agdrpt~88~210~24186-f.fr~e !J§JJJ J & & && A & & & & & & && /~. · _._...--- 888~8888~8 '[~' - ge ~'[~ "ON J_'~V'L,-I'.L. ~ J_oq 88888888 eeeeleee i i ITEM 10 FINANCE 01RECTOI~~ I CITY MANAGE" ~.~' CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: DATE: Joseph Kicak, Director of Public Works/City Engineer February 10, 1998 SUBJECT: r,, PREPARED BY: Tract Map No. 24186- 4, Located north of Sunny Meadows Drive, at the intersection of Sunny Meadows Drive and Campanula Way. /[ ~'Ronald J. Parks, Principal Engineer - Land Development Gerald L. Alegria, Assistant Engineer RECOMMENDATION: That the City Council approve Tract Map No. 24186- 4 in conformance with the Conditions of Approval. BACKGROUND: Vesting Tentative Tract Map No. 24186, was approved by the City of Temecula Planning Commission on December 8, 1992. The Developer, CAL-CPS Southeast, LLC has met all of the Conditions of Approval. Tract Map No. 24186-4 is a two (2) lot subdivision, of 19.1 net acres, located north of Sunny Meadows Drive, at the intersection of Sunny Meadows Drive and Campanula Way. The site is currently undeveloped. The following fees have been deferred for Tract Map No. 24186- 4: Public Facilities Development Impact Fee - Due upon final inspection of building permit FISCAL IMPACT: None Attaehmeqt!: . 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Location Map Tract Map No. 24186-4 r:~a~clrpt~8~210~4180-4..frd/ja CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO.: Tract Map No. 24186-4 The following fees were reviewed by Staff relative to their applicability to this project. FEE Flood Control (ADP) Public Facility Development Impact Fee Quimby Fees CONDITIONS OF APPROVAL Not within Area Drainage Plan To be paid at final inspection of building permit The City's park land dedication requirement (Quimby) shall be satisfied pursuant to Development Agreement No. 5, Addendum No. I r:~odrpt\O8~210~24186*4.fnl/ja CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24186-4 ii IMPROVEMENTS Drainage Water Sewer Monument TOTAL FAITHFUL PERFORMANCE SECURITY $ 71,000 DATE: Februar}f 10, 1998 MATERIAL & LABOR SECURITY $ 35,500 0 $ 0 25,500 $ 12,750 1,445 $ 0 $ 97,945 $ 48,250 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Public Facilities Development Impact Fee $ 0.00 $ NA SERVICE FEES Planning Fee Comprehensive Transportation Plan Tract Map Plan Check Fees Paid to Date Balance of Fees Due 03.00 $ 8.00 $ 790.00 $ 901.00 $ 0.00 Per Development Agreement No. 5, Addendum No. I r:~agdrpt~8~210~241864.fnUja zzzzzzzzz ITEM 11 CITY ATTORNEY FINANCE DIRECTO~?Q~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer February 10, 1998 Release Labor and Materials Bond in Tract No. 27827-3 (Northwesterly of intersection of North General Kearny Road at Nicolas Road) PREPARED BY: Ronald J. Parks, Principal Engineer- Land Development ~/~' Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE release of Labor and Meterials Bond for Street, and Water and Sewer System in Tract No 27827-3, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: The City Council approved Tract Map No. 27827-3 on January 24, 1995, and entered into agreements with- Coscan Homes California, Inc., a California Corporation Doing Business as Coscan Davidson Homes· 12865 Pointe Del Mar,: Suite 200 ~ ~ Del Mar, CA 92014 for the improvement of streets, water and sewer system, and subdivision monumentation. The bonds were posted by Reliance Insurance Company as follows: · Bond No. B2482393/111126 in the amount of $339,500, ($244,000, $49,000, and $46,500, respectively) for street,i water and sewer system improvements. , Bond No. B2482393/111126 in the amount of $169,750 ($122,000, $24,500, and $23,250, respectively) for street, water and sewer system labor and materials. . Bond No. B2482395/111128 in the amount of $13,284 to cover subdivision monumentation. ~ Bond No. B2482394/111127 in the amount of $33,950 to cover faithful performance warranty amount. R:~AGDRPT~98~210\TR278273.I.3cM On June 10, 1997, the City Council accepted the public improvements, initiated the one-year warranty period, and released the Subdivision Monument and Faithful Performance Bonds. A Faithful Performance Warranty Bond was posted at City Council approval of the final tract map, and will be in effect for the one-year warranty period as follows: Faithful Performance Warranty Bond No. B2482394/111127 for Street, Water and Sewer System improvements in the amount of $33,950 , The developer was required to post Labor and Materials Bond to ensure payment to suppliers and workers. This bond is maintained for six-months after the City Council accepts the public improvements. No claims having been files against this security and the time having run, the developer requests release of the following security: Labor and Materials Bond No. B2482393/111126 for Street, Water and Sewer System improvements in the total amount of $169,750 The public streets within this tract were accepted into the City Maintained-Street System by City Council Resolution No. 97-56 on June 10, 1997. The streets accepted were portions of June Road, April Drive, Parkside Drive, and two alleys. FISCAL IMPACT: None Attachment: Location Map R:~tAGDRF~98\0210\TR278273.L&M I PROJECT SITE VICINITY UAP t / / re 300.41 ' NOTE: MAPS ]NOT TO SCALE ITEM 12 TO: FROM: DATE: SUBJECT: CITY ATTORNEY FINANCE DIRECTO~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager  Joseph Kicak, Director of Public Works\City Engineer February 10, 1998 Appropriation and Advancement of Funds for the Winchester Road Sidewalk Project, Project No. PW97-19 PREPARED BY: Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: , Appropriate $5,000.00 for the Winchester Road Sidewalk Project, Project No. PW97-19 to Design Account No. 210-165-695-5802. . Approve an advance in the amount of $12,000.00 from the General Fund Reserves to the Capital Project Fund for the Winchester Road Sidewalk Project, Project No. PW97-19. BACKGROUND: The State Public Utilities Code (Senate Bill 821) has set aside 2% of the Local Transportation Funds in the County of Riverside to fund facilities for the exclusive use of pedestrians and bicyclists. The Riverside County Transportation Commission (RCTC) approved a total of twenty proposals from various agencies including the Winchester Road Sidewalk Project. This Capital Improvement Program project will be constructing sidewalks on the north side of Winchester Road from Margarita Road to Winchester Creek Avenue. The total estimated cost of the project is $151,800.00. The Capital Improvement Program identifies only one funding source, which is from SB821 for an amount of $72,800.00. The remaining amount of $79,000.00 is unspecified at this time. A funding source will be identified to complete the construction of this project in the upcoming Capital Improvement Program budget process. RCTC will reimburse the City once the City Council awards the construction project and a formal request is made to RCTC for these funds after completion of the project. FISCAL IMPACT: Adequate General Fund reserves are available for the requested advance. This project is partially funded by SB821 funds which will be used to repay the advance upon completion of the project. R:\AGDRPT~98\O21 O\PW97-19.FUD/ajp ITEM 13 APPROVAL CITY ATTORNEY FINANCE DIRECTOr. CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Susan W. Jones, Acting City Clerk February 10, 1998 Records Destruction Approval PREPARED BY: Gwyn R. Flores, Records Coordinator RECOMMENDATION: Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which authorizes the destruction of certain City records which have become outdated, obsolete or are excess documents, in compliance with State of California Government Code, Sections 34090 through 34090.7. Attached Exhibit "A," lists records from the Finance Department, Accounts Payable Invoices from Fiscal Year 1994/95 O-Z. These records have been identified within Group IV of the retention schedule, and have been scanned into the City's LaserFiche Imaging System. The imaging of these records complies with the requirements of Government Code Section 34090.5. The City Attorney has reviewed this request and has signed the Exhibit, as provided for in Resolution No. 92-17. ATTACHMENTS: Destruction of Records Request, Finance Department Exhibit "A", List of Records recommended for destruction r:\flores\destroy.ar TO: Susan W. Jones, Acting City Clerk FROM: Gwyn R. Flores, Records Coordinator DATE: February 10, 1998 SUBJECT: Destruction of Records Request Attached is a print out of: Accounts Payable Invoices Fiscal Year 1994/95 O-Z (Retention Code 40106). These records have been imaged in the City's LaserFiche Imaging System. The imaging of these records complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: Genie 'R~_~7~/~7 Dep artme nt Date APPROVED: City Attorney: P Th,~ Dale - - t · R:\Flores\destr.req 1/29/1998 City of Temecula Page: 1 4:14 p~ Clerks Index for Windows Destruction File Report Selections: Doc. Ref .....: 140 Finance ............................ Ret. Code ....: 40106 Accotlnts Payable Des=. Da=e...: 1/1/1998 Doc. Item Ret. File Reference # Storage Media Ref. Date Ref. Brief Description Code Security Class Storage Location Location Reference 140 1/1/1994 O-Z A/P FY94-95 INVOICES O-Z 40106 LF IMAGING SYSTEM LF IMAGING SYSTEM 401-06 A/P INVOICES FY94/95 GROUP IV LF IMAGING SYS~M User ID: RECORDS ITEM 14 CITY ATTORNEY r/A~ .~ II FINANCE DI RECTOR .~2~__~ CITY MANAGER ~ II CITY OF TEMECULA AGENDA REPORT TO: FROM: ~~- DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer February 10, 1998 California Office of Emergency Services Hazard Mitigation Grant Program for the Storm Drainage Improvement in Old Town Temecula PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER, ASSISTANT TO THE CITY MANAGER AND/OR DIRECTOR OF PUBLIC WORKS TO SIGN, ON BEHALF OF THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS. BACKGROUND: In an effort to reduce repetitive disaster costs, the Federal Government has adopted the 1998 Hazard Mitigation Grant Program (HMGP). This program is designed to implement effective mitigation measures in disaster prone areas of a community. HMGP funds are available through the California Office of Emergency Services for eligible communities that were declared Federal disaster areas following the winter storms and late winter storms of 1995. The City of Temecula is applying for HMGP funds for one (1) project within the City. This project is the Old Town Storm Drainage Improvements, for which matching funds of $214,973 are being requested. Although this project is funded by the Redevelopment Agency, the HMGP funds would assist in offsetting RDA funds earmarked for this project. The Old Town Storm Drainage Improvements project includes the installation of underground storm drainage facilities from existing pipes which cross under Interstate 15 and discharge at First Street, Third Street, Fourth Street, and Sixth Street; and, extension of the proposed storm drainage facilities to Murrieta Creek. R:\agdrpt\98\0210~granthaz.ott/ajp FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution No. 98- . R:\agdrpt\98\0210~granthaz.ott/ajp liESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER, ASSISTANT TO THE CITY MANAGER AND/OR DIRECTOR OF PUBLIC WORKS TO SIGN, ON BEHALF OF THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the Federal Government has adopted a Hazard Mitigation Grant Program for 1998; and, WHEREAS, the Hazard Mitigation Grant Program requires that an authorized representative sign all related documents on behalf of the City of Temecula; and, WHEREAS, the City desires to apply for funding under the Hazard Mitigation Grant Program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula authorizes the City Manager, Assistant to the City Manager, and/or Director of Public Works to sign, on behalf of the City, the Hazard Mitigation Grant Program application and any ancillary documents associated with this program. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 10th day of February, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC, Acting City Clerk R:\~;Idrpt\98\0210~or~nth~z.otUajp [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of February 1998, by the following vote: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: R:\agdrpt\98\021 O~granthaz.ott/ajp ITEM 15 CITY OF TEMECULA AGENDA REPORT CITY ATTORNEY DIR. OF FINANCE ,~ CITY MANAGER · ~,' TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Finance Director February 10, 1998 Purchase of City "Pool" Vehicle PREPARED BY: Melinda Flores, Senior Management Analyst RECOMMENDATION: That the City Council: 1) Approve the purchase of a 1998 Ford Windstar Minivan from Rancho Ford in the amount of $21,294.77, and 2) Appropriate $1,200.00 to the Vehicle Internal Service Fund to cover the vehicle depreciation expense for this fiscal year. DISCUSSION: The previous "pool" vehicle, a 1990 Chevy Corsica, was purchased by the City in 1990. This vehicle's life expectancy and depreciation schedule were set at 5 years, thus fully depreciating the vehicle in 1995. Within the last two years this vehicle experienced frequent breakdowns which required towing services. Due to its unreliability, the vehicle was determined to be unsafe to drive and was approved for disposal on October 28, 1997. Before the process of purchasing a new City Upool" vehicle was set in motion, a survey of staff usage was conducted by the Purchasing Division. Taking into consideration the need for transporting multiple passengers and cargo, it was determined that a Mini-van would better meet the overall needs of the City as opposed to a sedan. On December 1, 1997, the City mailed eight (8) Request for Proposals ("RFP's") to local vendors for the purchase of a 1998 Mini-van (see attached vendor list). Of the eight (8) RFP's that the staff sent out, three (3) proposals were received, as follows: Rancho Ford Paradise Chevrolet Norm Reeves Dodge Windstar GL Astro Grand Caravan $21,294.77 $22,501.01 $23,901.03 Based on the information from Consumer Reports, the Windstar best meets the City's needs of transporting multiple passengers safely and comfortably, and should provide adequate space for transporting cargo to trade shows and City events. Staff is recommending that Council approve the purchase of a Ford Windstar Mini-van from Rancho Ford of Temecula. FISCAL IMPACT: Adequate reserves are available for the purchase of this vehicle. An appropriation of $1,200.00 will be required in the Vehicle Internal Service Fund for vehicle depreciation expense for this fiscal year. Attachments: Vehicle Vendor List VEHICLE VENDOR LIST Carriage Motor Company 41872 Motor Car Parkway Temecula, CA 92591 Griffin GMC/Acura 41872 Motor Car Parkway Temecula, CA 92591 Nissan of Temecula 41895 Motor Car Parkway Temecula, CA 92591 Norm Reeves Super Group 26755 Ynez Road Temecula, CA 92591 Paradise Chevrolet 26845 Ynez Road Temecula, CA 92591 Rancho Ford 26895 Ynez Road Temecula, CA 92591 Temecula Mazda 26799 Ynez Road Temecula, CA 92591 Toyota of Temecula Valley 26631 Ynez Road Temecula, CA 92591 ITEM 16 ORDINANCE NO. 98-03 AN ORDINANCE OF ~ CITY COUNCIL OF ~ CITY OF TEMECIR,A AMENDING SPECIFIC IH. AN NO. 199, REMOVING LOT COVERAGE FROM ~ MATRIX AND TEXT OF SPECIFIC PLAN NO. 199 ZONING STANDARDS, CONTAINING 1,526 ACRES GENERALLY LOCATED SOUTH OF LA SERENA WAY, EAST OF MARGARITA ROAD, WEST OF MEADOWS PARKWAY, AND NORTH OF RANCHO C.s.I.Ii~ORNIA ROAD, (PLANNING APPLICATION NO. PA97~35 - AMENDMENT NO. 4 TO SPECIFIC ~ NO. 199) WI~REAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; and WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance shall be consistent with the adopted General Plan of the city; and wm~E,~kS, there is a need to amend Specific Plan No. 199 to accurately reflect private property and to be consistent with the adopted General Plan; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 1998, and recommended that the City Council approve Amendment No. 4 to Specific Plan No. 199; and WI:!F~S, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WUER~.S, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on January 27, 1998 to consider the proposed amendment to Specific Plan No. 199 THIZ~ CITY COUNCH~ OF THE CITY OF TEMECULA, STATE OF CAI.IFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. AMENDMENT TO SPECIFIC PLAN NO. 199 The City Council hereby amends Specific Plan No. 199 removing lot coverage from the matrix and text within the document entitled, ~Margarita Village SP Zone Standards. ~ ~\98-03 I Section 2. ENVIRONMENTAL REVIEW. The City Council, based upon the information contained in Environmental Impact Report No. 202, prepared for Specific Plan No. 199 and certified by the Riverside County Board of Supervisors, and an Initial Environmental Assessment prepared on August 20, 1997 which determined that the project is consistent with the information contained in the previously certified EIR, finds that due to the limited scope of the proposed changes to the specific plan, there will be no effect beyond that which was reviewed in the previous analyses. Under California Public Resources Code Section 21166 and Section 15162 of the California Enviromnental Quality Act (CEQA) Guidelines, no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken which would require a major revision in the EIR, or new information that could not have been known at the time the EIR was prepared becomes available. None of these situations has occurred; therefore, no further environmental analysis is required. Section 3. 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 sentezr~, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section $. 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 ~ of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 10 th day of February, 1998. ATTEST: Ron Roberts, Mayor Susan W Jones, CMC Acting City Clerk [SEALI STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMF~ULA I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No.98-03 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10 th day of February, 1998, by the following vote: COUNCILMEMBERS: NOES: COUNCILMElVlBERS: COUNCILlVIF2viBERS: Susan W. Jones, CMC Acting City Clerk 1~\98-03 3 ITEM 17 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JANUARY 27, 1998 A regular meeting of the Temecula Community Services Distdct was called to order at 7:47 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone. ABSENT: 0 DIRECTORS: None. Also present were General Manager Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None given. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of January 13, 1998. MOTION: Director Lindemans moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Ford and voice vote reflected unanimous approval. DEPARTMENTAL REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Nelson advised that at the upcoming February 10, 1998, Distdct meeting, the Directors will be reviewing the award of contracts for the Margarita Community Park and the Winchester Creek Park, noting that both bids were within budget. GENERAL MANAGER'S REPORT None given. Minutes. CSD/012798 ! T~n~u~ Community Services District IBOARD OF DIRECTORS' REPORTS None given. ADJOURNMENT At 7:48 P.M., President Stone formally adjourned the meeting to Tuesday, February 10, 1998, 7:00 P.M., City Council Chambers, 43200 Business Park Ddve, Temecula, California. 012798 Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC Acting City Clerk/District Secretary Minutes. CSD/012798 2 ITEM 2 To; FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors Shawn D. Nelson, Director of Community Services February 10, 1998 Award of Contract for Margarita Community Park - Phase I Project No. PW95-19CSD PREPARED BY: .~,~Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: . Award a construction contract to EDGE Development, Inc. in the amount of $1,351,292.34 and authorize the President to execute the contract. . Authorize the General Manager to approve change orders not to exceed the contingency amount of $135,129.23 which is equal to 10% of the contract amount. BACKGROUND: On October 17, 1995, the Board of Directors approved the master plan for the Margarita Community Park Project - Phase 1 and authorized the Department of Public Works to solicit public bids for construction. The project improvements will include two lighted tennis courts and one lighted roller hockey facility, picnic areas, a tot play area, restroom facilities, ample parking and open turf areas along with the development of two ball fields on the School District's property (Temecula Elementary School). Seventeen (17) bids for the project were publicly opened on January 15, 1998 and the results are as follows: = 1. Edge Development, Inc ................................ $1,351,292.34 2. Big Sky General Contractors, Inc .......................... $1,477,383.17 3. DM Erickson Construction Co ............................ $1,512,563.00 4. Modcraft, Inc ........................................ $1,566,935.22 5. Lasater Construction Company .......................... $1,602,670.00 r:~agdrpt~eS~0210~weS-1eawd . . . . 10. 11. 12. 13. 14. 15. 16. 17. DKS Construction & Engineering, Inc ....................... $1,616,542.07 Heffler Company, Inc .................................. $1,625,317.53 Wier Construction Corp ................................ ~ 1,654,288.17 Valley Crest ........................................ $1,692,418.00 Geoscene Landscape ................................. $1,736,115.00 The Gorham Company, Inc ............................. 91,769,001.97 Costello, Inc ........................................ $1,792,961.00 Sean Malek Engineering & Construction, Inc .................. $1,800,109.00 Pacific Hydrotech Corp ................................ $1,871,473.57 Riverside Construction Co .............................. $1,889,180.00 Metro Builders & Engineers Group, Ltd ...................... 91,936,279.50 Vido Samarzich, Inc ................................... 92,384,605.00 Staff has contacted the State Contractors License Board and confirmed that the license is current and in good standing. We have also contacted several references regarding the quality, timeliness and accuracy of previous work. We have received favorable comments from agencies for work of similar scope. References contacted included the City of Fontana, City of Corona and the Temecula Valley Unified School District. The Construction schedule is for 200 working days. Work is expected to begin by early April of 1998 and to be completed in early February of 1999. A copy of the bid summary is available for review on the City Engineers's office. FISCAL IMPACT: Total cost for the Margarita Community Park - Phase 1 Project is $1,486,421.57 which includes the Contract amount of $1,351,292.34 plus the 10% contingency of $135,129.23. Sufficient funds for the project have been appropriated and budgeted in the City's Capital Improvement Program FY 1997-98, Account No. 210-190-119-5804. This project is funded by Quimby Fees, Development Impact Fees, and Capital Project Reserves. ATTACHMENTS: 1. Construction Contract r:\agdrpt\l}8\0210\pw95-1 Bawd TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-19CSD MARGARITA COMMUNITY PARK-PHASE I THIS CONTRACT, made and entered into the 10th day of February, 1998, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and EDGE Development, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: .a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW95-19CSD, MARGARITA COMMUNITY PARK - PHASE 1, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1'992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-19CSD, MARGARITA COMMUNITY PARK - PHASE 1. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-19CSD, MARGARITA COMMUNITY PARK - PHASE 1. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:\CII~PROJECTS\PW95\PW95-19\CONTRACT. WPD . . . , . The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-19CSD, MARGARITA COMMUNITY PARK - PHASE I All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION THREE HUNDRED FIFTY ONE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS and THIRTY-FOUR CENTS ($1,351,292.34), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed TWO HUNDRED (200) working days, commencing with delivery of a Notice to Proceed by DISTRICT. Construction shall not commence until bonds and insurance are approved by DISTRICT. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or'additions to the work in an amount not to exceed the contingency as established by the Board of Directors. PAYMENTS. UNIT PRICE BID SCHEDULE: S. Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. CONTRACT CA-2 R:\CIP~PROJECTS\PW9S\PW9S- 19\CONTRACT.WPD . D. E. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section'9-3.2. of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the DISTRICT shall retain a portion of. the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000-$75,000 $75,000-$500,000 Over $500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 . . 10. LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, .the Board of Directors has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the District Secretary. Copies may be obtained at cost at the District Secretary'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. CONTRACT CA-3 R:\CII~PROJECTS\PW95\PW95-19\CONTRACT. WPD 11. 12. 13. 14. 15. 16. 17. 18. 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. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT and/or the Temecula Valley Unified School District, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT and/or the Temecula Valley Unified School District. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any DISTRICT officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in. full, a, nd that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. 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. 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 inspec{ions 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 CONTRACT CA-4 R:\ClI%PROJECTS\PW95\PW95-19\CONTRACT. WPD notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 19. 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. 20. 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 Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Temecula Community Services District, City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR EDGE Development, Inc. 27315 Jefferson Avenue, Suite J Temecula, CA 92590 (909) 506-0776 By: Kenneth Dayne Wagoner Print or type TITLE CONTRACT CA-5 R:\CII~PROJECTS\PW95\PW95-19\CONTRACT.WPD DATED: CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT By: Jeffrey E. Stone, President APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan Jones, CMC, District Secretary CONTRACT CA-6 R:\CII~PROJECTS\IWV95\PW95-19\CONTRACT. WPD ITEM 3 TO: FROM: DATE: SUBJECT: CITY ATTORNEY FINANCE DIRECTO~ . GENERAL MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors Shawn D. Nelson, Director of Community Services February 10, 1998 Award of Contract for Winchester Creek Park - Project No. PW97-10CSD PREPARED BY: ~_Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: 1. Award a construction contract to TerraiC~l Construction, Inc. in the amount of $601,066.53 and authorize the President to execute the contract. . Authorize the General Manager to approve change orders not to exceed the contingency amount of $60,106.65 which is equal to 10% of the contract amount. BACKGROUND: On October 22, 1996, the Board of Directors approved the master plan for the Winchester Creek Park and authorized the Department of Public Works to solicit public bids for construction. The park improvements include a parking lot, group and individual picnic facilities, a restroom, security lighting, full and half basketball courts, a sand volleyball court, play structures, shade device, three-rail fencing, landscaping and irrigation. Twelve (12) bids for the project were publicly opened on January 22, 1998 and the results are as follows: . . Terra-Cal Construction, Inc.. .......... ,.' ................... $601.066.53 Big Sky General Contractors, Inc ........................... $614,353.08 3. Heffler Company, Inc ................ .................... $620,184.00 4. Edge Development, Inc .................................. $626,717.41 5. DKS Contracting & Engineering, Inc ......................... $627,573.38 6. Modcraft, Inc ........................................ $628,688.83 7. Sean Malek Engineering & Construction.....'. ................. $656,522.25 r:~edrpt~88~0210~w87-10ewd . . 10. 11. 12. Valley Crest ......................................... $672,239.40 Wier Construction Corp ................................. $681,658.1 5 Nottson Construction, Inc ............................... $719,357.65 Riverside Construction Company ........................... $886,003.00 Vido Samarzich, Inc .................................... $968,835.00 Staff has contacted the State Contractors License ~Board and confirmed that the license is current and in good standing. We have also contacted several references regarding the quality, timeliness and accuracy of previous work. We have received favorable comments from agencies for work of similar scope. References contacted included the Cities of Los Angeles, Simi Valley and Beverly Hills. The Construction schedule is for 150 working days. Work is expected to begin by early April of 1998 and to be completed in early November of 1998. A copy of the bid summary is available for review on the City Engineers's office. FISCAL IMPACT: The Winchester Creek Park Project will be funded by Developer Impact Fees for Public Facilities and Developer Impact Fees for Parks and Recreation. The funds have been budgeted in the City's Capital Improvement Program FY 1997-1998, Account No. 210-190-149-5804. ATTACHMENTS: 1. Construction Contract r:~edrpt~B~0210~vv87-10~vvd TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-10CSD WINCHESTER CREEK PARK THIS CONTRACT, made and entered into the 10th day of February, 1998, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and Terra-Cal Construction, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That DISTRICT and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: .a. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW97-10CSD, WINCHESTER CREEK PARK, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Constructiorl, including all supplement, s as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-10CSD, WINCHESTER CREEK PARK. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW97-10CSD, WINCHESTER CREEK PARK. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 R:\CIP~PROJECTS\PW97\PW97-10\CONTRACT . , . . . The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW97-10CSD, WINCHESTER CREEK PARK All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by DISTRICT. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SIX HUNDRED AND ONE THOUSAND SIXTY-SIX DOLLARS and FIFTY-THREE CENTS ($601,066.53), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed One Hundred Fifty (150) working days, commencing with delivery of a Notice to Proceed by DISTRICT. The total contract time includes the 66 working day landscape maintenance period. Construction shall not commence until bonds and insurance are approved by DISTRICT. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. PAYMENTS, UNIT PRICE BID SCHEDULE: A. Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the DISTRICT, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the DISTRICT on forms provided by the DISTRICT. a. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the General Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. CONTRACT CA-2 R:\CIP~PROJECTS\PW97\PW97-10\CONTRACT . C. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the DISTRICT shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: . , 10. CONTRACT AMOUNT $25,000-$75,000 $75,000-$500,000 Over $500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES - EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to DISTRICT the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by DISTRICT. CONTRACTOR is required to promptly notify DISTRICT of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to DISTRICT, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the DISTRICT related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Directors has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the District Secretary. Copies may be obtained at cost at the District Secretary'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. CONTRACT CA-3 R:\CII~PROJECTS\PW97\PW97-10\CONTRACT 11. 12. 13. 14. 15. 16. 17. 18. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend DISTRICT, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the DISTRICT. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way'associated with any District officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the DISTRICT within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the General Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO DISTRICT OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to DISTRICT. 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. 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. CONTRACT CA-4 R:\CII~PROJECTS\PW97\PW97-10\CONTRACT 19. 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. 20. 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 Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Temecula Community Services District, City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589;9033 ~ 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR TERRA-CAL CONSTRUCTION, INC. 14530 Joanbridge St. Baldwin Park, CA 91706 (626) 960-3694 By: William L. Tyler Print or type TITLE CONTRACT CA-5 R:\CII~PROJECTS\PW97\PW97-10\CONTRACT DATED: CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT By: Jeffrey E. Stone, President APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan Jones, CMC, District Secretary CONTRACT CA-6 R:\CII~PROJECTS\PW97\PW97-10\CONTRACT ITEM 4 CITY ATTORNEY ~ FINANCE OFFICER' GENERAL MANAGER TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors Shawn Nelson, Director of Community Services February 10, 1998 Solicitation of Construction Bids and Approval of the Plans and Specifications for the Community Recreation Center Gymnasium Cooling System Project - PW97-22 PREPARED BY: ~l._erman Parker, Deputy Director of Community Services ~C~Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for the construction of the Community Recreation Cooling System Project - PW97-22. BACKGROUND: Since the opening of the Temecula Community Recreation Center gymnasium (CRC) in March of 1994, the facility has operated without an air conditioning or cooling system. High temperatures during the warm summer months result in unusually uncomfortable activity conditions for patrons who participate in basketball leagues and other programs. This project will provide for the installation of an air conditioning and temperature control system for the CRC Gymnasium. The plans, specifications and contract documents have been completed and the project is ready to be advertised for construction bids. The estimated total cost for the cooling system installation is $135,500. FISCAL IMPACT: The CRC Cooling System Project will be funded by Developer Impact Fees - Public Facilities and has been budgeted in the City's Capital Improvement Program for FY1997-98, Account No. 210-190-152-5802. r:cip\projects\pw97~pw97-22~agdrpt. bid REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JANUARY 13,1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:57 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula California. Chairperson Ford presiding. PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 5 AGENCY MEMBERS: None. Also present were Executive Director Bradley, City Attorney Thorson, and City Clerk Greek. pUBLIC COMMENTS None given. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of December 9, 1997. 1.2 Approve the minutes of December 16, 1997. 2. Financial Statements for the Three Months Ended Seotember 30. 1997 2.1 Receive and file the financial statements for the three months ended September 30, 1997. 3. Amend Sco0e of Work with Webb and Associates to Preoare Construction Drawings for the Old Town Streetscape Imorovement Proiect Pulled; see pages 2-3. 4. Consultant Selection for Old Town Marketing_ Analysis/Economic Consultin_~ Pulled; see pages 3-4. MJ~T.[QJ~ Agency Member Stone moved for the approval of Consent Calendar Item Nos. I and 2 (Item Nos. 3 and 4 pulled). The motion was seconded by Agency Member Ford and voice Minutes. RDA~)I 1398 ] vote reflected unanimous approval. At this time, Agenda Item Nos. 3 and 4 were discussed. . Amend Sco_oe of Work with Webb and Associates to Pre_oare Construction Drawings for the Old Town Streetscaoe Imorovement Proiect 3.1 Approve an Amendment to the Professional Services Agreement to expand the scope of work and authorize additional fees in the amount of $52,230 to Webb and Associates to prepare Construction Drawings for the Old Town Streetscape Improvement Project in accordance with the proposal and authorize the Chairperson to execute the Amendment on behalf of the Agency. Housing and Redevelopment Manager Meyer reviewed the staff report (as per agenda material). Voicing no objection with the majority of the proposed amendment, Agency Member Comerchero, echoed by Agency Member Roberts, relayed his concern with the proposed cost expenditure in the amount of $8,400 (equating to 120 hours at $70 per hour) for the Old Town Liaison, considering this amount to be excessive. Although viewing the function as necessary, Mr. Comerchero suggested that it be done in-house. Housing and Redevelopment Manager Meyer described the responsibilities associated with the cost for the Old Town Liaison, noting that the expertise of the individual is important so that the pertinent information with regard to construction drawings, design, etc. is accurately and effectively relayed to the Old Town merchants and property owners. To ensure proper coordination, Agency Member Ford suggested that a combination of both uses be utilized -- Old Town Liaison and in-house. M.Q.TJ.0J~ Agency Member Comerchero moved to concur with staff recommendation. The motion was seconded by Agency Member Roberts and voice vote reflected unanimous approval with the exception of Agency Member Stone who ~3J;LsZa~tP, d. ~ Agency Member Ford moved to allocate an amount not to exceed $1,000 (at $70 per hour) for technical expertise. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the exception of Agency Member Stone who 1 ConsultarK Selection for Old Town Marketina Analysis/Economic Consultin(~ 4.1 Approve a contract with Keyser Marston Associates to provide economic consulting services for Old Town Temecula and Westside area. 4.2 Authorize Executive Director and City Attorney to execute the contract with Keyser Marston. Minutee. RDA~011398 ~- 4.3 Appropriate $40,000 from RDA Fund Balance to the RDA Consulting line item. Redevelopment Director McLarney presented the staff report (of record), advising that two scenarios will be prepared by the consultants -- one including the Old Town Entertainment Center and one without the Center. Mr. Ralph Woods, 42050 Main Street, thanked City staff for their efforts in making the Christmas shopping season in Old Town the success it was especially for his business. With regard to the proposed recommendation, Mr. Wood suggested that such an analysis should be conducted during the hot summer months when business is slow in Old Town versus now when business is doing well. In order to maintain the unique appearance of Old Town, Mr. Wood also relayed his opposition to undergrounding the utilities. Chairman Lindemans advised that the proposed study will apprise the City of opportunities available to enhance the business in Old Town. With regard to undergrounding the utilities, Agency Member Ford advised that this expenditure has been eliminated and that additional funds were added to the Main and Front Streets streetscape. In response to Mr. Wood, Agency Member Ford clarified that the proposed study will not restrict the merchants and noted that the study will reflect what type of complimentary businesses could make Old Town even more successful. Although he supports the proposed study, Agency Member Comerchero stated that the study should provide solutions as to how to make Old Town more successful, clarifying that he would not be desirous of a study which only addresses existing problems. ~ Agency Member Roberts moved to concur with staff recommendation. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the exceotion of Agency Member Stone who Redevelooment Director's ReDort Redevelopment Director McLarney apprised the Agency Members and the audience members of upcoming Super Bowl festivities in Old Town. Executive Director's Reoort None given. Aoencv Members' Reoorts -- None given. Adjournment - At 8:24 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Minute~.RDA~011396 3 Tuesday, January 27, 1998, at 7:00 P.M. Karel F. Lindemans, Chairperson ATTEST: Susan W. Jones, CMC Acting City Clerk/District Secretary Minutes. R DA~011398 4 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JANUARY 27, 1998 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:48 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula California. Chairperson Ford presiding. PRESENT: AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 5 AGENCY MEMBERS: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None given. At this time, the following item was discussed in joint session with the City Council with Mayor Roberts presiding. 1. Generic Manufacturino Owner Particir)ation Aareement -- -- 1.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 98-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND GENERIC MANUFACTURING, A CALIFORNIA CORPORATION. 1.2 That the Agency adopt a resolution entitled: RESOLUTION NO. RDA 98-01 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND GENERIC MANUFACTURING, A CALIFORNIA CORPORATION Minutes. R DA/012898 I T~mecula Reclevelooment Ai3encv 012796 Redevelopment Director McL. amey provided the staff report (as per agenda material); referenc, ed a correction with regard to the "Owner Participation Agreement" on page 3, advising that the City Attorney has recommended that Section (d) be stricken; and clarified that this corporation will be reimbursed $10,000 for relocation expenses, after the proposed 31 employee positions have been provided and have been verified. There being no public input, Mayor Roberts closed the public hearing and the following motion was offered: MOTION; Agency Member Stone moved to concur with the staff recommendation. The motion was seconded by Agency Member Ford and voice vote reflected unanimous approval. At this time, Mayor Roberts recessed the City Council meeting. Chairman Lindemans presiding. Aaencv Business -- 2. Acauisition of Property_ for Affordable Housing 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 98-02 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA OBJECTING TO PUBLIC SALE OF CERTAIN TAX DEFAULTED PROPERTY LYING WITHIN THE CITY OF TEMECULA, OFFERING TO PURCHASE THE PROPERTY FOR AFFORDABLE HOUSING PURPOSES Agency Member Stone advised that he would be abstaining with regard to this issue. Housing and Redevelopment Manager Meyer reviewed the staff report (of record), assuring Agency Member Comerchero that by approving this item, the Agency would not be initiating any action to foreclose or to force an individual out of his/her home. Mr. Meyer advised that by approving this item, the Agency would be assudng its ability to purchase the property should the owner not redeem the property, and that the property would then be utilized for affordable housing. MOTION: Agency Member Comerchero moved to approve the staff recommendation. The motion was seconded by Agency Member Ford and voice vote reflected unanimous approval with the exceotion of Agency Member Stone who abstained. 3. Consideration of Funding for a Mural at Sixth Street Parking Lot 3.1 Consider granting $5,000 to fund a mural at the Sixth Street Parking Lot. Agency Member Stone advised that he would be abstaining with regard to this issue. Minutes. RDA/012898 2 Teme~ula Redevelooment Aoe~v 012798 Housing and Redevelopment Manager Meyer reviewed the staff report (as per agenda matedHal), advising that the completion of a mural for the entire rear elevation of the Circle K building would cost approximately $20,000. For the benefit of the Agency Members and the audience members, a rough sketch of the proposed drawing was shown by way of the overhead projector. Commenting on the intricacies of Phase 2, Chairman Lindemans advised that this phase will include the train and locomotive and that Phase 3 will be comprised of a town scene depicting individuals such as Sam Hicks. Because the City does not own the building on which these murals are being painted, City Attomey Thorson, in response to Agency Member Comerchero, advised that approval of this proposal could be subject to the City obtaining owner verification and a deed restriction prohibiting the removal of the mural. MOTION: Agency Member Comerchero moved to grant $21,250 for the funding of the mural at the Sixth Street Parking Lot. The motion was seconded by Agency Member Ford. Prior to voice vote, additional discussion ensued. Because he had opposed the funding approval for Phase 1, Agency Member Roberts advised that he would, as well, oppose the proposed funding. Although if the request were approved, Agency Member Roberts requested that the authenticity of the objects painted be propedy depicted and that anti-graffiti spray be placed on the completed mural. With regard to authenticity, Agency Member Ford noted that the existing mural (Phase 1) accurately depicts the City of Temecula. Although he initially opposed the funding for Phase 1, Agency Member Roberts, having seen the finished product of Phase 1, relayed his support of the mural and, in response to Chairman Lindemans, advised that he would support the previously made motion. At this time, voice vote of the previously made motion reflected unanimous approval with the exceotion of Agency Member Stone who abstaine~l. 4. Consideration of Sponsorships Reauests 4.1 Agency members consider the sponsorship requests for a. Temecula Rod Run - $10,000 b. Great Temecula Tractor Race - $10,000 c. Frontier Days Rodeo - $10,000 d. Temecula Valley Balloon & Wine Festival - $25,000 Because of conflict of interest issues, each sponsorship request was separately considered, noting that Agency Member Roberts was unable to participate in the Temecula Valley Balloon and Wine Festival discussion and that Agency Member Stone was unable to participate in the Temecula Rod Run discussion. Minutes. R DA/012898 3 Ternp1=¥1a Rq~;19v~looment Aaencv ~ 012798 Redevelopment Director McLamey reviewed the staff report (of record) with regard to the Great Temecula Tractor Race and the Frontier Days Rodeo. MOTION: Agency Member Roberts moved to approve the sponsorship requests for the Great Temecula Tractor Race and Frontier Days Rodeo. The motion was seconded by Agency Member Stone and voice vote reflected unanimous approval. At this time, Redevelopment Director McLamey presented the staff report (of record) with regard to the Temecula Rod Run. Agency Member Stone advised that he would be abstaining with regard to this issue. MOTION: Agency Member Roberts moved to approve the sponsorship request for the Temecula Rod Run. The motion was seconded by Agency Member Ford and voice vote reflected unanimous approval with the exceotion of Agency Member Stone who abstained. At this time, Redevelopment Director McLamey presented the staff report (of record) with regard to the Temecula Valley Balloon and Wine Festival, advising that the organization is requesting a $15,000 increase in sponsorship over last yeads $10,000 approved sponsorship. Agency Member Roberts advised that he would be abstaining with regard to this issue. Ms. Diana Stead, 31455 Avenida Del Reposo, Chairwoman of the 1998 Festival, and Mr. Steve Art, Vice Chairman of the Festival, introduced Board Members of the Festival in attendance of the meeting; thanked the City Council for its continued support over the past 15 years; and proceeded with a detailed overview of the changes in programs which have resulted in the needed increase in sponsorship; and highlighted the long-term/short-term benefits this Festival has provided to the City of Temecula. Relaying appreciation for the work associated with this Festival and the benefits this Festival has presented to the City, Agency Member Comerchero questioned whether the additionally requested $15,000 would be wan'anted. In response to Agency Member Comerchero, Ms. Stead advised that the operating statement for 1997 reflected a $11,500 loss because the organization opted to first pay its volunteers/volunteer groups in the amount of $20,346. Recognizing the Temecula Valley Balloon and Wine Festival as an important identity to the City of Temecula, Agency Member Stone noted that although the requested increase in sponsorship is significant, the Festival has tremendously grown in size and, therefore, relayed his support of the requested sponsorship. Being involved with some other similar activities/organizations which, as well, draw a tremendous amount of people to the City and which market and promote the City in a similar fashion, Agency Member Ford noted that these other events, held within the City of Temecula, are charged a fee for ancilla~ costs relative to police and police safety. Although not implying that the Festival has skirted the issue of safety and security, Agency Member Ford noted that the organization hires the Shedff's Department for the event, noting that a majority of those attending the Festival must travel through the City of Temecula, utilize its highways, its restaurants, its shops, and its hotels. Although such utilization would be viewed as a benefit to the City, Mr. Ford noted that such usage has an impact on the City's services which, in turn, requires the City to expend additional monies to fund these Minutes. R DA/012898 4 Temec~jla Redevelooment Aaencv 012798 additionally needed services. In light of his comments, Agency Member Ford relayed his willingness to increase the sponsorship to $15,000 for the Temecula Valley Balloon and Wine Festival and suggested that some of the ancillary costs, associated with police and police safety, charged to the other organizations be alleviated. Relaying his difficulty with possibly having to deny a $5,000 grant request for the Rape Crisis Center because of budgetary reasons, Chairman Lindemans relayed his difficulty with justifying the Festival's $25,000 request. In response to Agency Member Stone, Ms. Stead advised that the Festival over the past two years has approximately donated $50,000 to the community. In response to Mr. Stone, Redevelopment Director McLamey clarified that the proposed requests will be funded through the Redevelopment Agency fund balance. In an effort to mitigate increased costs associated with the Festival, ^gency Member Comerchero relayed his concurrence to increasing the sponsorship to $15,000. In light of the City's already sponsored programs, Mr. Comerchero questioned the purpose of donating an additional $10,000 to the organization so that the organization may then contribute this amount back to the community. MOTION: ^gency Member Comerchero moved to grant a $15,000 sponsorship to the Temecula Valley Balloon and Wine Festival. This motion died for the lack of a second. Advising that he would second the motion subject to the Agency expending a similar amount to the Temecula Rod Run and the Great Temecula Tractor Race in order to alleviate costs associated with Police and Fire services. Agency Member Comerchero relayed his unwillingness to accept Agency Member Ford's recommendation, noting that if these organizations had a need for additional funds, they would have requested them. MOTION: Agency Member Ford moved to approve the increased $15,000 sponsorship to the Temecula Valley Balloon and Wine Festival and that a $5,000 parity amount, in order to cover police and fire service costs, be granted to the Temecula Rod Run and the Great Temecula Tractor Race in addition to the requested $10,000. This motion died for the lack of a second. Following some additional discussion, Agency Member Comerchero reiterated his previously made motion: MOTION: Agency Member Comerchero moved to grant a $15,000 sponsorship to the Temecula Valley Balloon and Wine Festival. The motion was seconded by Agency Member Stone and voice vote unanimous approval with the exception of Agency Member Roberts who abstained. MOTION: Agency Member Ford moved to approve and grant an additional $5,000 parity amount to the Temecula Rod Run. This motion died for the lack of a second. MOTION: Agency Member Ford moved to approve and grant an additional $5,000 parity amount to the Great Temecula Tractor Race. This motion died for the lack of a second. Minutes. RDA/012898 5 Tin'nebula Redevelopment Aaer~v 012798 Deoartmental Reoort A. Redevelopment Director McLamey referenced the report (as per agenda material), congratulating the Rancho West Apartments for being the first complex to receive its "Crime Free Multi-Housing Program" certification and as well commended the Neighborhood Policing Team for their efforts in this particular area. Ms. McLarney referenced the "Temecula against Graffiti" program and the successful results of this program. In closing, Redevelopment Director McLamey commented on the success of the Super Bowl Festivities and thanked those Agency Members who participated in judging the Chili Cook-off. Redevelo_oment Director's RepQrt No additional comments. Executive Director's Report None given. A¢=encv Members' Reoorts -- A. In response to a recent editorial commenting on the City's lack of marketing and, therefore, its loss of opportunity for the Super Bowl Festivities, Redevelopment Director McLamey, in response to Agency Member Ford, commented on the amount and the various types of advertising used to promote this festivity, noting that the City's hotels were sold out. Ms. McLamey advised that Mr. Woelke had contacted her; noted that his intent was not to criticize the City with regard to its advertising measures for the Super Bowl Festivities; and advised that he had suggested that a similar event be planned for the Rose Bowl. With the Agency Members' approval, Ms. McLamey advised that Mr. Walkey's suggestion could be explored. Adiournrn~nt At 8:45 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, February 10, 1998, at 7:00 P.M. ATTEST: Karel Lindemans, Chairperson Susan W. Jones, CMC Acting City ClerldDistdct Secretary Minutes. R DA/012898 6 ITEM 2 CITY ATTORNEY FINANCE DIRECTbR~_~=~ CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Mem~_e/~s ~\ ~.~ Mary Jane McLarney, Redevelopment Director ~v ~ ~ February 10, 1998 Acquisition of Real Property for Low and Moderate Income Housing Purposes Prepared by: Peter M. Thorson, General Counsel RECOMMENDATION: That the Agency Board: 1. Adopt Resolution Entitled: RESOLUTION NO. RDA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN ACQUISITION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND JOSEPH AND ANITA LOPEZ FOR THE ACQUISITION OF CERTAIN REAL PROPERTY . Appropriate the sum of $115,000 from the Housing Fund for the purchase of the property and necessary closing and acquisition expenses. DISCUSSION: The property owners purchased the property in March 1997 and received a $24,000 supplemental loan from the Agency under the Agency's First Time Homebuyers Program. The Agency loan is secured by a second deed of trust on the property, which is subordinate to the primary loan on the property. Due to the dissolution of the marriage of the property owners, the holder of the first trust deed is ready to foreclose the primary loan and sell the property. If foreclosure proceedings are initiated, there is not likely to be sufficient funds from the sale of the property through foreclosure to fully pay the Agency loan. The owners of the property are willing to sell it to the Agency for the cost of paying the outstanding balance of principal and interest and charges incurred on the primary loan. The primary loan will be paid in full through escrow upon closing. The Agency will then sell the property at its fair market value and should be able to recoup the outstanding balance of the Agency loan and the Agency's costs of acquiring and selling the property. There are a number of persons on the waiting list for the First Time Homebuyer's program and it is expected that a buyer for the property can be found. In the event an acceptable sale cannot be quickly closed, the Agency could rent the property to persons of low and moderate income pending an acceptable sale. FISCAL IMPACT: Adequate funds are available in the Agency's Housing Fund to pay for the purchase of the Property. ATTACHMENTS: Resolution Purchase and Sale Agreement and Escrow Instructions 3 ATTACHMENT NO. RESOLUTION 2/2 98 jrm RESOLUTION NO. RDA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF ~ CITY OF TEMECULA APPROVING THAT CERTAIN ACQUISITION AGENT BETWEEN ~ REDEVELOPMENT AGENCY OF ~ CITY OF TEMECULA AND JOSEPH AND ANITA LOPEZ FOR THF~ ACQUISITION OF CERTAIN REAL PROPERTY ~ BOARD OF DIRECTORS OF ~ REDEVELOPMENT AGENCY OF CITY OF TEMECIH~ IIEREBY RESOLVES AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula does hereby find, determine and declare that: a. The Property proposed to be acquired is described in the Acquisition Agreement attached hereto. b. The Agency assisted the owners of the Property with a loan under the First Time Home Buyers Program and is the owners now wish to sell the home to the Agency. c. Acquiring the Property will assist the Agency in preserving its security in its loan to the Property and thereby maintain the viability of the First Time Homebuyers Program d. The Purchase Price in the amount of the primary loan and loan changes on the Property does not exceed the fair market value of the Property. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves the Purchase and Sale Agreement and Escrow Instructions for the purchase of the Property and hereby authorizes the Chairperson to execute the Agreement on behalf of the City in substantially the form of the Agreement attached hereto as Exhibit A. Section 3. The Secretary shall certify the adoption of this Resolution. 980130 11086-00004 pmt 1480666 0 PASSED, APPROVED AND ADO~ by the Board of Directors of the Redevelopment Agency of the City of Temecula this 10th day of February, 1998. Karel F. Lindemans, Chairperson ATTEST: Susan Jones, CMC Acting Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, Acting Secretary of the Redevelopmere Agency of the City of Temecula, California, do hereby certify that Resolution No. 98-~ was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on this day of ,1998, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan Jones, CMC Acting Secretary l~8~l~:]BLl~lr.I)tt!?i!tS~}#fE~OPEgOltltl~6 {~/3/98 jrm ATTACHMENT NO. 2 PURCHASE AND SALE AGREEMENT ~O~9LII~I~I~(~M~]~O. CC 2/2/98 jrm EXttlBIT ,4 PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is dated and entered into as of February 10, 1998 by and between Joseph and Anita Lopez ("Seller"), and the Redevelopment Agency of the City of Temecula, a public body corporate and politic ("Buyer"), and constitutes botl~ 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 January 28, 1998 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 the purpose of increasing and preserving the community's supply of low and moderate income housing available to at affordable housing costs pursuant to Health and Safety Code Section 33334.2 et seq. and applicable law. 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 total purchase price for the Property to be paid by Buyer shall be the actual amount due on the first.trust deed on the Property as of the date of closing, including principal, interest due, late charges, foreclosure costs (the "Purchase Price"), which sum shall be paid / in full in cash on the Close of Escrow. 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 or such other amount as the Buyer may designate (the "Policy"). The Policy of title insurance 980129 11087-00009 pmt 1480661 0 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 (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 force 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 contidgencies to Buyer's obligations hereunder, as provided for in Section 11;and (c) Seller shall have deposited in Escrow the Grant Deed required by Section 4. 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 thirty (30) 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. Buyer shall pay all escrow costs. 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 tees. 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, successors 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 equipmen t 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) That (i) on fihe Close of Escrow the Property shall be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the Property is in compliance with all applicable statutes and regulations, including environmental, health and safety requirements; (iii) all businesses on the Property have. disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iv) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations To this end, it is agreed that notwithstanding the conveyance of the Property to Buyer, Seller shall indemnify, protect, defend and hold harmless Buyer from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arisin g out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Property and removing hazardous or toxic substances, materials and waste therefrom, by reason of contamination or adverse effects on the environment, or by reason of any statutes, ordinances, orders, rules or regulations of any governmental entity or agency requiring the clean-up of the Property, caused by or resulting from any hazardous material, substance or waste existing on, under or about the Property on the Close of Escrow. (b) That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller shall not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. (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 understood 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 as free and voluntary. ! 1. 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 ca n 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. (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: COPY TO: SELLER: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attn: City Manager Richards, Watson & Gershon 333 So. Hope St., 38th Fl. Los Angeles, California 90071 Attn: Peter M. Thorson, Esq. Joseph and Anita Lopez ESCROW HOLDER First American Title Company 3625 Fourteenth Street Riverside, CA 92502 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 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, firm, trust, or association where ever the context so requires. The recitals an d 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 rea~sonable 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER Joseph Lopez Anita Lopez BUYER REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Karel Lindemans Chairperson ATTEST: By Susan Jones, Acting City Clerk APPROVED AS TO FORM: By Peter M. Thorson General Counsel EXHIBIT "A" Legal Description of the Property Lot 137 BLK 23267-2 Type MB Book 237 Page 063 Lot 137 950583013 ITEM 3 APPROV~~r~ C~TY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: Redevelopment Agency Shawn D. Nelson, Director of Community Services February 10, 1998 SUBJECT: Agreement For Use of the Northwest Sports Park PREPARED BY: H.erman D. Parker, Deputy Director of Community Services RECOMMENDATION: That the Redevelopment Agency approve the license agreement between the Redevelopment Agency (RDA) and the Temecula Town Association (TTA) for use of the Northwest Sports Complex. BACKGROUND: The TTA has expressed an interest in utilizing the Northwest Sports Complex, on an annual basis, to conduct regional special events and programs. As a result, the attached license agreement has been developed and is attached for your review. The Northwest Sports Complex is a vacant 40-acre parcel located north of Winchester Road at Diaz Road. The property in its current unimproved condition, is owned by the RDA. However, it has been used by the Community Services Department for the past five years as a Special Use Park site, hosting annual special events sponsored by the TTA. These events include the Great Temecula Tractor Race and the Temecula Professional Rodeo. The proposed agreement would grant a license to the TTA to use the Northwest Sports Park from April 15 through December 31 of each calendar year, beginning April 15, 1998 and terminating December 31, 2000, unless sooner terminated. The agreement is for three years and may be extended by mutual consent, for an additional two year period. The agreement may be terminated by either party by providing six (6) months prior written notice of termination. The City will retain possession of the site for other potential uses from January 1, through April 14, and the third and fourth weeks in June of each year. This will enable the City of Temecula Community Services Department to provide special events or recreation activities at the site if so desired. The TTA will maintain the facility in good repair, and keep clear of garbage and debris. The TTA will also be required to pay all utility costs associated with their use of the site and meet all insurance requirements. The TTA will also be required to pay all appropriate facility rental fees and obtain appropriate permits and licenses required. Facility use fees may be offset by in-kind services provided by the TTA to the site. FISCAL IMPACT: The TTA's use of the Northwest Sports Park will not create any additional expense for the Redevelopment Agency or the City of Temecula. However, revenue derived from facility use fees for the RDA will depend upon the TTA's use of the site. R:~ziglerg\r®port\ttauee January 20, 1998 CITY OF ~ NORTtlWEST SPORT~~ LICENSE AGREEM~ TilI~ LICENSE AGREEMENT is made and entered into by and between the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Agency") and the Temecula Town Association, a California non-profit corporation ("TTA") as of February 24, 1998. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: ae The Agency is the owner of approximately 40 acres of unimproved real property located in the northwest comer of the Agency which has been generally referred to as Northwest Sportspark, which property is legally described and depicted on A., attached hereto and incorporated herein by this reference as though set forth in full ('Property"). Exhibit b. The Agency and TTA desire to enter into this Agreement to provide the terms and conditions upon which TTA will operate and stage cultural, artistic, entertainment and recreational events, including, but not limited to, the Great Temecula Tractor Race, the Temecula Professional Rodeo, the chili cookoff and other related activities, at a portion of the Property. The Agency intends to eventually develop the Property for low and moderate income housing. Until such time as the Property is so developed, its use as a venue for activities of the TTA as approved in this Agreement is an appropriate interim use. All income received by the Agency pursuant to this Agreement shall be placed into the Agency's Low and Moderate Income Housing Fund. The terms of this Agreement are of benefit to the Project Area. dl As used in this Agreement, 'Director' shall mean the Director of Community Services of the City of Temecula. 2. GRANT OF LICRNSR a. Agency hereby grants to TTA a license to use a portion of the Property described on Exhibit B., arched hereto and incorporated herein by this reference (the #Premises#), on the terms and conditions and for the uses hereinafter specified in this Agreement. R: ~ZIGLERG~AGREF, Mlq~TrALICN J~ 13, b. Except as specifically provided hereinafter to the contrary, TTA shall have the exclusive right and obligation to use the Premises to operate and stage cultural, artistic, entertainment and recreational events, including~ but not limited to, the Great Temecula Tractor Race, the Temecula Professional Rodeo, the chili cookoff and other related activities, and the reasonably necess,~/office and storage purposes connected therewith. TTA shall not use the Premises for any other purpose without the prior written consent of the Director. C. TTA may utilize the Premises only between the dates of April 15th and December 31st of each calendar year with the exception of the 3rd and 4th weeks in June of each year. The TTA may request use of the premises at other times if the premises is not being used by the Agency or City of Temecula. d~ Not later than October 1 of each year, TTA shall provide the Director with a schedule of all events for the succeeding calendar year. Should the Director object to the schedule, the Director shall notify TTA of such objections within twenty (20) days of receipt of the schedule. TTA shall promptly respond to Director's objections and set forth a plan to mitigate and resolve the objections to the satisfaction of the Director. 3. USE PERMITS. This Agreement is not in lieu of obtaining a Use Permit or Outdoor Event Permit from the City. TTA shall procure all permits and licenses required by the City of Temecula or other governmental entities to conduct special events. TTA shall comply with all governmental rules, regulations, statutes, ordinances_and conditions of approval of permits. TTA agrees to pay all facility use fees applicable to its Use Permit, pursuant to such ordinances and resolutions of the City Council setting fees for use of City facilities. Proceeds of such fees shall be deposited into the Agency's Low and Moderate Income Housing Fund. TTA shall receive credit towards the payment of such fees from in- kind services for the maintenance of the Property as determined by the Director. TTA may obtain a temporary Alcoholic Beverage Control License for use of the Premises, subject to any . conditions imposed in the ABC permit and any permits issued by the City. 4. TERM. This Agreement shall commence as of February 15, 1998, and shall terminate on December 31, 2000, unless sooner terminated. By mutual consent of both parties, this agreement may be extended for one 2 (two) year tenn. This Agreement may be terminated by either party by providing six (6) months prior written notice of termination. 5. FIXTURES. The Premises has been improved with: (i) 3/4 inch water pipes, including valves and faucets; (ii) phone lines; and (iii) light poles and lights; additionally other improvements will be installed by the City of Temecula. These fixtures are the property of the Agency. TTA may use these fixtures, and will be responsible for maintaining and repairing said fixtures during the period it uses the Premises. TTA shall make R: ~ZIGLERG~AGREEMNT~TTALICN Jaanary 13. all necessary repairs at beginning of each season and Agency shall not be responsible for the condition of these fixtures unless damage of said fixtures occurs as a result of City usage. 6. I.IMITATIONS ON U~ OF P1/_ ~~. TTA shall not inu:rfere with the use and enjoyment of the portion of the Property outside the Prem/ses. 7. TTA OFFICi~.R.q. EMPLO~-$. AGENTS and ¥OLUNTRJ~R,~. TTA will use its best efforts to insure that its officers, employees, agents and volunteers shall at all times conduct themselves in a professional manner and that they will conform to all applicable ordinances and regulations now applicable to the Property, as well as all ordinances and regulations which may be adopted by the City. In the event of any conflict of between this Agreement and the Park ordinances and regulations, the Park ordinance and regulations shall conu'ol. TTA shall nudnta/n a staff adequate to operate and adm/nister all facilities located on the Premises in a safe and orderly manner. 8. I~RRCi~~I.~'~. TTA shall be authorized to sell merchandise and provide services at the events it sponsors at the Premises, and agrees that all sales of merchandise and services shall be of good quality and condition. Agency retains the fight to require TTA to discontinue sale or use of those items the Director reasonably determines the condition of the merchandise or services are not of good quality and condition, upon five (5) days written notice by the Director. For sales tax purposes, the point of sale for all food, merchandise, admission tickets, and services shall be the Property. TFIIRD PARTY AGR a~ TTA may, in conjunction with the operation of the Premises, enter into agreements with third parties concerning, among other things, advertising and signage at the Premises, operation of the concessions, and sale of food, beverage, and concession items at the Premises. All such third party agreements shall be subject to the terms and conditions of this Agreement. b. All contracts with such third parties shall clearly provide that this Agreement controls all activities of such persons on the Premises. C. All contracts with such third parties shall contain insurance provisions for the protection of the Agency of such nature and amount as approved by the Director in writing prior to TTA entering into the third party agreement. At a minimum such policies shall contain the provisions set forth in Section 16 and may contain higher policy limits or additional types of insurance depending on the nature of the use. d. The Agency reserves the fight to review any and all such third party agreements entered into by TTA for compliance with the terms of this R:~ZIGLERG~A~TrALICN ~7 13, 1~ Agrgemgnt. 10. SEUJRITY ~md TRAFFIC MANAGI~MEN'I' PLAN. ae TTA shall be responsible for providing security, safety and managing traffic for the Premises during an event. be TTA shall not permit any person who appears to be under the influence of alcohol or controlled substances or persons using profane or indecent language, or engaging in boisterous or loud conduct to remain in or about the Premises and will call upon the aid of peace officers to assist and maintain in the Prem/ses peaceful conditions. C. TTA shall provide for and staff an Emergency Aid Station cons/stent with the size of the crowds for all of TTA's events on the Premises to provide emergency medical aid to all persons on the Premises. All persons staffing the Emergency Aid Station shall, at a minimum, be currently certified in first aid and CPR. do TTA shall prepare a Security and Traffic Management Plan ("Security and Traffic Management Plan") setting forth the public safety, parking and traffic plans to be used to hold any authorized event at the Premises. The Security and Traffic Management Plan shall be prepared and delivered to the Director not later than ninety (90) days prior to the first event for each calendar year and shall be approved, conditionally approved, or denied within thirty (30) days of submittal. Should the Director deny the Plan, TTA shall promptly respond to the Director's objections and set forth a plan to mitigate or resolve the objections to the reasonable satisfaction of the Director. TTA shall provide all mitigation me. azures as may be required under the Security and Traffic Management Plan at its sole cost and expense. 11. DAMAGE PROVISIONS. TTA shall pay for the repair and/or replacemere of au damaged structures, equipment and facilities in areas occupied or used by TTA which are damaged through any act of TTA, its officers, employees, agents, volunteers, subcontractors, and persons attending or participating in any TTA event. This Section applies to, but is not limited to such items as exterior fencing, structures, drinking fountains, water spigots, imgation equipment, trash cans, landscaping, including tuff, trees, scrubs and any other facilities, improvements or equipment on the Premises. 12. I.mNS. TTA shall not directly or indirectly, create or permit to be created or to remain, and will promptly discharge, at its expense, any mortgage, lien, R: ~Z/GLERGh~GRP. F. MN~'rrALICN l~m~/13, encumbrance, charge, or pledge of the Premises or fixtures or furnishings, or any part thereof. 13. IMPROV~M~NT$. !o~PAn~q nnd MAINTENANCE. TTA shall make no substantial alteration or repair to th~ Pn:mises without the prior wrimn consent of the Director of Community Services, including but not limitg~! to grading, carpentry, electrical, sewer, landscaping, paving and painting. TTA shall, at its sole cost and expense, repair and maintain in good order all utility lines inside the Premises, unless damage of said improvement occur as a result of City usage. 14. lt~TURN of th~ Pl~,!~:~.q. Upon the termination of this Agreement, TTA shall rerum the Premises in as good as condition and repair as the Premises now exist, reasonable wear and tear excepted. 15. INDEMNIFICATION. Agency shall not be liable for any loss, damages, or injury to person or property of any person occasioned by or arising out of any act of TTA or of anyone holding under TTA, nor the occupancy or use of the Premises or any part thereof by or under TTA, nor directly or indirectly from any state or condition of said Premises or any part thereof during the term of this Agreement. TTA shall defend, indemnify, protect and hold Agency and its officers, agents, volunteers, and employees harmless from any and all damages arising out of any act or omission of TTA, its officers, employees, agents subcontractors, volunteers and persons attending TTA events on the Premises, except as the same may arise from the Agency's sole negligence, gross negligence, recklessness, or intentional misconduct (or that of Agency's agents or employees). 16. I.IARf!JTY INSURANC!~.. TTA shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the use of the Premises by TTA, its agents, representatives, employees or sublicensees. Minimum Scooe of Insurance. Coverage shall be at least as broad as the following coverages and any updated insurance industry standard policies: (~) Insurance Services Office Commercial General Liability coverage (occurrence form CG 01301); 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 Califomia and Employer's Liability Insurance; and (4) Liquor liability coverage;. R:~ZIGLERG~.GR.~EM]~f~TrALICN Statuary 13. 1~ C. b~ Minimum Limits of lnsurnnce. _.TTA shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. $2,000,000 of General Liability is required for special events. 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 projectnocation 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) Liquor liability coverage of not less than $1,000,000 per oggurrence. Deductibles and Self-Insured Remntions'. 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 Agency, its officers, officials, employees and volunteers; or the TTA shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: ._ (1) The Agency, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the TTA; products and completed operations of the TTA; premises owned, occupied or used by the TTA; or automobiles owned, leased, hired or borrowed by the TTA. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its officers, officials, employees or volunteers. (2) For any claims related to this project, the TTA's R:~ZIGLF. RG~AGREEMI~T~ALICN lasstoO' 13. 19~ e. g insurance coverage shall. be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or s~lf-insured maintained by the Agency, its officers, officials, employees or volunteers shall be excess of the TTA's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breac~ of warranties shall not affect coverage provided to the Agency, its officers, officials, employees or volunteers. (4) The TTA's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Agency. Acce_~tabili~ of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Agency. Verification of Covcra~_e. TTA shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to he on forms provided by the Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the TTA's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. Failure to Com~_ ly with Insurance Requirements. In the event the TTA fails to submit the required docun~n~ion for insurance to the Director within the times required by this Agreement or the Director receives notice or is made aware of the termination of any required insurance policy, the Director may immediately suspend TTA's right to use the Premises and shall cause a notice R:~Z~GLERG~~~CN $mm~/13, of default to be issued to the TTA. 17. AKqIGNb~.NT and SUBI~;i'I'ING. TTA shall not assign its interest in this Agreement or in the Premises to any person or entity without first obtaining the Director's written consent. Any assignment or sublicense without the Director's prior written consent shall be voidable and, at the Director's election, shall constitute a default. No consent of the Director should be required for agreements with vendors, concessionaires and advertisers at the Premises, or booking or other performance agreements with entertainers. 18. DEFAULT and RIGHT TO TERMINATE. (a) If TTA should fail to perform, keep or observe any of the terms, conditions or covenants as set forth in this Agreemere, Agency shall give TTA notice to correct the failure within said thirty (30) days, and if such action is not cured by TTA within thirty (30) day period, TTA shall be in default of this Agreement and TTA's rights bereunder shall at th~ option of th~ Agency, be terminated and forfeited. Such election to terminate shall not be construed as a waiver of any claim the Agency may have against TTA, consistent with such termination. If, however, any failure is of such nature that it cannot be physically remedied within thirty (30) days, except for the payment of money, and if TTA hall have commenced the elimination of such failure promptly after the receipt of such notice, and shall continuously and diligently proceed in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. The failure of TTA to fund the necessary corrections shall not justify an extension of the time to cure beyond the initial 30 day period. (b) Upon any termination of this Agreement, TTA covenants and agrees to surrender and to forfeit this Agreement, and deliver up the Premises ~eably to the Agency immediately upon any such termination. If said TTA shall remain in possession of said Premises after any termination of this Agreemere, TTA shall be deemed guilty of an unlawful ~tention of the Premises. (c) Notwithstanding any other provision of this Agreement to the contrm~, the Agency shall not be deemed to be in default until thirty (30) days after notice of default is given by the TTA to the Agency. If such default cannot be cured within such thirty day period, the Agency shall not be deemed to be in default provided R:~IOLERG~AOREEMN~TTALICN Sammy 13, 19~8 that, within such thirty (30) day-period, the Agency shall commence and thereafter diligently prosecute efforts to cure the defnult. 19. I.~:G~L ltR~r~l~.g. Each party shall h~ve all remedies as may be-allowed by law or equity to enforce its rights in this Agreement. No legal action shall be filed by one party agninst the other party until such time as the other party has received the notice of default as provided in this Agreement. Any such action shall be filed in Riverside County, California. The prevailing party in a court action.shall be entitled to reasonable attorney's fees and costs. 20. U.~a~ R~~CTION~. TTA agrees to maintain the Premises in a clean and neat condition, free and clear of garbage and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. No rights across any contiguous parcels are granted by this Agreement and TTA agrees to secure all such required access at its sole cost and expense. Any grading or stockpiling of dirt on the property must be approved in writing by the Agency Engineer prior to any such work. 21. STORAGE. TTA may store on the Premises the bleachers, booth, announcers stands and waste bins necessary and appropriate to the staging of activities permitted by this Agreement. The Agency may relocate-this equipment when TTA is not using the Premises. u-rn.~;. TTA shall pay for all utility costs incurred for the periods when TTA is using the Premises. 23. ]~.,]~.~l~t. The Agency may require that the TTA, when not using the Premises, remove the interior fencing from the site within fifteeen (15) calendar days, and be responsible for any reinstallation of said interior fencing. 24. COVENANTS for NON-DLgCRIMI~ATION a. The TTA covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Premises, nor shall the TTA itself or any person claiming under or through it establish or. permit any such practice or practices of discrimination or R: ~IGLF. R(~~TTALICN lanaa~ 13. segregation with reference to the selection, Ioeation~ number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Premises. be The TTA shall refrain from restricting the rental or lease of th~ Premises on the basis of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such leases, subleases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: d. In leases: 'The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises here- in leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, num- ber, use or occupancy of tenants, lessees, sublessees, sub- tenants or vendees in the premises heroin leased." In contracts: "Them shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." 25. ~~1~. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given R:~ZIGLERO~kOREEMNT~TTALICN laminas/13. i~J~ IIII IIII AGENCY: 26. 27. either by (i) personal service, (ii) delivery by a reputable document delivery s~rvice, tach as but not limited to, Federal Express, that provides a receipt showing date and tirr~ of d~livcry, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requ~, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 43200 Business Park Drive Temecula, CA 92590 Attention: Executive Director THE TEMECULA TOWN ASSOCIATION P.O.-Box 435 Ternecula, CA 92590 Attention: General Manager ENTIR!~ AGREEMENT. This Agreement, and ihe documents attached hereto or mentioned herein, contain all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. AM~NDM~.NTS. No provision of this Agreement may be amended or added to except by an agreement in writing. R:~ZIGLERG~AGREEMNT~TrALICN ,~nmm~y 13. i~ IN WITNESS WRIiIP. EOF, the panics hereto have cxccuexl this Agreement as of the date first written above. TEMF. CULA TOWN ASSOCIATION INC., a California Non-Profit Corporation RiC!~EVELOPMENT AGENCY OF THE ~ OF TEMECULA By: Name: Steven Ford Title: Chairperson By: Name: Title: ATTEST: Julie S. Greek City Clerk/Secretary APPROVED AS TO FORM: eter M. Thorso~ City 'Attorney R: ~XGLERG~AGREEMlq~TrALICN Jnma~y 13, $ 4P42'22' E 19.08' P.0.B of Pcl. A end P.0.C of Pc]. B TRUE P.O.B of Pc]. B 41°50'22' ~ 8~. 81' I' ! ~ SCALE: · PRRCEL R 1 "=300' PARCEL B 743.799 S.F. 17.08 ACRES * o -J ' PORT]ON PCL t. P.H. N0.4646 ~ . . INC. SUIT(: 284 ,L BY: IIFI~ ~o .1__ or _1._ EXHIBIT 'B" FOR PRRCELS R fiND B BETNG A FORTigON OF PARCEL 3. OF PARCgI~ HAP NO. 4646, ~N ~E C~TY OF T~E~ CO~Y OF R~ZDB, ~ATB OF CAL~~A, ACCORDING TO A ~P THieF FILED IN B~K 6 PA~B 75 OF P~E~ ~P~ RECO~S OF SAID ~y, MORE P~TICU~ D~OIB~ ~ FO~S: BEGZ~XNG AT ~ HOST NO~~Y CO~ OF A~NG ~E NO~~~Y ~~Y ~~F, (SA~D NOt,STaY BO~~Y BEING ~SO ~E C~ZNB OF R~ C~~ CO~Y-OF RX~RSZDB ~ ~~~ S~~'~3~ ~g39~ P~ ~K 434~ PAGE ~08 OF OFF~CX~ RE~S OF SAZD CO~Y) 19.08 FB~ ~ THE BEGZ~ZNG OF A T~~ 4000.00 CON~VE NOR~ST~Y; ~~ SO~~~Y~ A~NG ~E ~C OF SAID ~~ T~OUGH A C~ ~G~ OF 6e36e30n~ 46~.35 F~; T~G~ ~ SAID ~~, S~ 48elSaS2ff ~ 482.0~ NORTH~T~Y PRO~NGATZON OF ~B C~~ZNS OF FE~ ~ZDE) DEOZ~T~ ~ ~ CO~ OF RZ~ZDB P~ ~NS~~ NO. ~52905, OF OFFZC~ ~~S OF S~D ~~ ~972 ~ THE MOST ~T~Y CO~ OF ~ZO P~ L; T~ ~VZ~ SAID NOR~~Y BOlDlY, ~ ~NG ~B G~~ LINE OF SAID P~CEL ~, S~H 43eSSe4~w W~S~ ~387.89 BEGINNING OF A T~G~, 850.00 ~ ~US ~VE CON~VB NORT~ESTE~Y; TH~CE SO~ES?~Y, ~K T~ ~C OF SA~D T~O~H A C~L ~GLE OF 25e52~42"~ 383.9~ ~X~ A ~XAL LXNE B~S SO~H 20e08~32~ ~T; TH~CB NOR~ 41e50'22~ ~EST 1001.63 PE~ ~ A POX~ XN ~E NOR~T~Y SAXD P~C~ X~ DXST~ 1680.60 F~ FR~ ~ MO~ NORWAY CO~ OF SAID P~CEL; ~CB NORTH 40'09~38~ ~ 1680."60 FE~ ~ THE ~Z~ OF B~INNING. S~E~ TO COV~S ~ CO~IONS~ RBS~VATION$ R~S~ RIG~S-OF-~AY ~ ~S~S~ IF ~Y OF . CO~AINING ~ ~ OF 40.00 A'~ES, HORB OR LESS. SEE E~IBIT nB~, A~ACHBD H~O ~D BY THIS H~EOF. E,331%BIT B ~: 41*4c~'c~' ~¢ lO. P. 0.8 of Pcl. A end- P.O.C of Pcl. B a:: L=46t. ~' PARCEL Ft ~ ~ 1.74~.400 $.F. '~' ¢) ~, 40 O0 ACRES TRUE P. 0. B -~ of Pc]. B PARCEL B 743.7~ S.F. 17.08 .~CFES * PORTION PCL 1. P.M. N0.464~ 41'50 '22' 14 B~. 81' f · I I~Vl I i,..~ I I I SCALE R=850.00' L" ~2.~3' ~ =l' 29 '54' N 71'43'48' I~ 284. ~(~' 43e 38' 48' 14 373.58' Ta'IeCU..A. Cm. lro~m s2s~e J ~ BY: t~tJ I~iTl:: 3-16-g~ , i i · ITEM 4 CITY ATTORNEY._~~ FINANCE DIRECTO/~_~./- CITY MANAGER.~~ TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Mary Jane McLarney, Redevelopment Director~ February 10, 1998 Labor Market Survey - Job Skills and Commuter Census 1997-98 RECOMMENDATION: That the Redevelopment Agency receive and file the 1997/98 Labor Market Survey. DISCUSSION: On August 26, 1997, the Agency authorized the Resource Group to conduct a labor market survey for the types of occupations and positions held by residents, industries in which they work, education and range of skills, and locations commuted to. The survey is completed and attached for your review. The findings include: Work Locations - 68% of residents commute away from the area to their place of employment; 37% commute to San Diego; 26% to Riverside County; 14% to Orange County; 11% to Los Angeles County. Educational Level - 87% have at least some college education, with 15% having a community college degree. - 19% have a 4-year college degree, 21% have grad school experience, and 15% have a graduate degree. Commute Distances, Times, and Methods - 36 miles is the average one-way commute for Temecula and Murrieta residents. - 44% begin their commute as early as 5:00 a.m. - 6:59 a.m. - 91% drive alone most of the week, 14% use a carpool 3 times a week, 1% use public transit. · Interest in Changing Jobs or Compensation Levels to Work Locally 88% have a least some interest in changing employment to work locally, 52% are "very" interested. 46% would consider earning less to work in a comparable local job. Of this group, 46% would consider a 5% pay cut, 35% would consider 10% less pay, and 19% would consider 15% or more less pay in order to work locally in a similar job. This report will be used in the City's business attraction program. FISCAL IMPACT: None. TEMECULA/MURRIETA AREA JOB SKILLS AND COMMUTER CENSUS 1997-98 City of Temecula City of Murrieta © December 1997 Research Counsel The Resource Group Riverside, California TEMECULAIMURRIETA AREA JOB SKILLS AND COMMUTER CENSUS EXECUTIVE SUM MARY Purpose of the Study: The City of Temecula and the City of Murrieta jointly commissioned a study to identify the: · Types of positions and occupations held by residents and the industries in which they work. · Range of skills, preparation, and experience of residents and an inventory of the occupations and industries for which those skills would be applicable. · Current cities/locations in which local residents work and the length and means of their commute. · Interest of commuting residents in working locally and the degree to which residents would consider job, career, and compensation changes in order to pursue local employment options. These data will assist the Cities in their efforts to attract diverse and compatible industry to the area, coordinate economic development, generate more comparable employment opportunities, and mitigate the impact of commuting distances and times. Some 700 adult residents (from the cities and immediate adjacent areas) participated in the census, conducted during October- November 1997. Where Residents Work: · Two in three adults residents (68%) commute away from the area to their place of employment. · 85% work outside the home, 4% work at home, and 11% are retired, choose not to work, etc. Job Status and Hours Worked: · Adult residents average a 44 hour work week. · 52% work 40-49 hours and 33% work 50 hours or more per week. Only 3% work less than 20 hours/wk. · One-third of working residents are hourly and earn an average $23.82 per hour. · Two in three are salaried employees and earn a mean $5,023 per month. Job Titles, Occupations, and Industries of Adult Working Residents of the Area: · 60% of the adult workforce holds a professional, technical, managerial position. · 20% are in clerical or sales positions. · 32% are employed in the services sector, 18% in manufacturing, 9% in retail, and 9% in transportation. Educational Level, Professional Preparation, and Key Skills/Competencies of Adult Area Residents: · Virtually all adult residents have at least a high school diploma or equivalent. · 87% have at least some college education, with 15% having a community college degree. · 19% have a 4-year college degree, 21% have grad school experience, and 15% have a graduate degree. · 90% are at least somewhat interested in local college and educational courses, 34% are very interested. · 36% say their overall job skills and mature experience should be a strong attractant to businesses. · 29% have great customer relations skills, 24% have strong management skills, 19% have a strong work ethic. Cities and Areas Residents Commute to for Work: · As noted, 68% of adult working area residents commute away from the immediate area to their work site. · 37% who commute outside the area drive to San Diego County, 26% commute to Riverside County. · 14% commute to Orange County cities, and 11% commute to Los Angeles County. Commute Distances, Times, and Methods: · 36 miles is the average one-way commute for Temecula and Murrieta area adult residents who work. · 42 minutes is the average commute time to work, and 44 minutes is the average return commute time. · 44% begin their commute as early as 5:00 am - 6:59 am. · 91% drive alone most of the week, 14% use a carpool 3 times a week, 1% use public transit sometimes. · 56% say their commute is "OK," 15% say it's a "bit too much," and 29% say it's "much more than I like." Interest in Changing Jobs or Compensation Levels to Work Locally: · 88% have at least some interest in changing employment to work locally, 52% are "very" interested. · 46% would consider earning less to work in a comparable local job. · Of this group, 46% would consider a 5% pay cut, 35% would consider 10% less pay, and 19% would consider 15% or more less pay in order to work locally in a similar job. TEMECULAIMURRIETA AREA JOB SKILLS AND COMMUTER CENSUS 1997-98 TABLE OF CONTENTS EXECUTIVE SUMMARY ..................................................................................................... i INTRODUCTION .................................................................................................................1 Background ............................................................................................................................1 Methodology ..........................................................................................................................1 Respondent Demographics ....................................................................................................I FINDINGS: JOBS, SKILLS, EXPERIENCE & CAPABILITIES OF ADULT RESIDENTS .... 3 Where Adult Residents Work ..................................................................................................3 Job Status And Hours Worked ...............................................................................................3 Job Titles And Types Of Occupations Of Adult Working Residents .........................................4 Industries In Which Adult Residents Work ..............................................................................6 Earnings Profile Of Adult Working Residents ..........................................................................7 Education And Professional Preparation Level Of Adult Area Residents .................................8 Interest In Continuing Education And Local Training Courses And Options .............................9 Ski/Is That Residents Say Could Be Used To Attract Businesses To The Area ....................... 10 Jobs That Residents Say They Would Qualify For If Offered Locally. ......................................11 Industries That Residents Say They Are Qualified To Work In ................................................12 Utilization Of The Employment Ski/Is Of Area Residents .........................................................12 FINDINGS: COMMUTING INFORMATION .........................................................................14 Areas Residents Commute To For Work ................................................................................14 Commute Distances And Times .............................................................................................15 Means Of Transportation .............................~ ...........................................................17 Perceptions About Commute Time And Distances ..................................................................18 Interest In Changing Employment To Work Locally .................................................................18 Interest In Changing Current Compensation Level In Order To Work Locally ..........................18 Profiles Of Residents Willing To Consider Changes In Employment & Compensation ............. lg Summary ...............................................................................................................................20 RESEARCHER FOREWORD The Resource Group (TRG) served as independent research counsel to this effort on the part of the City Council and staff of the City of Temecula and the City of Murrieta. The Office of the City Manager of the two sponsoring cities provided project oversight and technical assistance. Questions regarding the focus of the study should be directed to those offices of each city. Questions regarding methodology or procedures may be directed to The Resource Group at (909) 682-5020. TEMECULAIMURRIETA AREA JOB SKILLS AND COMMUTER CENSUS INTRODUCTION Background In September 1997, the City of Temecula and the City of Murrieta commissioned an independent study to collect interrelated data from a sample of residents regarding the following topic areas: · The types of positions and occupations held by residents and the industries in which they work. · The range of skills, preparation, and experience of residents and an inventory of the occupations and industries for which those skills would be applicable. · The current cities/locations in which local residents work and the length and means of their commute. · The interest of commuting residents in working locally and the degree to which residents would consider job, career, and compensation changes in order to pursue local employment options. As the cities of Temecula and Murrieta mature, knowing the breadth of skills and competencies of local residents can represent a powerfid tool in attracting diverse and compatible industry to the region and in promoting coordinated economic development through the maintaining and nurturing of local businesses. During July and August 1997, the City of Temecula participated in a regional initiative to learn from local businesses what they needed in a workforce in order to be competitive and productive. That effort resulted in a recent volume entitled "The Workforce Report." The research and findings described herein extend the City's understanding from employer needs to actual workforce preparation and competencies. Methodology The City of Temecula was joined by the City of Mumeta in this initiative. Initially, the effort was designed to survey the views of a sample 250-300 residents in each city. As the research project was underway, given the regional nature of the economy, leadership from both cities expanded the effort to include 70-100 randomly sampled residents from unincorporated areas immediately adjacent to the cities. A data base was developed that represented households in the subject area where the head of household (or at least one household member of record) was between the ages of 22-59. This classical age band was utilized in recognition many of those residents under the age of 22 might be active students and those 60 years of age and older might be at or near retirement. While focusing on this age range, given the opportunity for anyone in the household to participate, the project team anticipated (hopefully) that some respondents would fall outside of this range. Such proved to be the case. Direct mail, self-administered survey instruments were developed with input from various departments in each sponsoring city. Survey forms were mailed, with a joint cover letter from the City Managers of Temecula and Mumeta, in late September. Surveys were returned by participating residents throughout October and November 1997. Exactly 700 residents participated in this jobs skills and commuter census. Some 319 participants reside in the City of Mumeta, 308 live in the City of Temecula, and 73 listed their residence as adjacent to either city. Respondent Demographics The census project purposefully attempted to generate essentially equal participation from City of Temecula and City of Mumeta residents. That goal was met. Job Ski/Is And Commuter Census Page TemeculalMurrieta Area City/Community Of Responding Residents Murrieta 45.6% Unincorporated 10.4% Temecu la 44.0% The ages of responding residents essentially parallels the demographics of most communities and their workforce. No significant differences emerged between the two sponsoring cities, thus, the age data have been combined to represent the area overall. Age Of Area Responding Residents 18 - 30 years old 4.6% 31 - 40 years old 32.2 41 - 50 years old 34.9 51 - 60 years old 14.8 61 - 70 years old 7.8 71 years old 5.7 31 - 40 years old 32.2% / 18 - 30 years old 4.8% 41 - 80 years old /'1 years or older 34.9% 5.7% 81 - 60 years old 14.8% 81 - 70 years old 7.8% Within this cohort of primarily adult and working individuals, the characteristics of the participating workforce indicate that about one-third are 30-40 years of age and one third are 40-50 years of age. Nearly 15% of the adult workforce of the region are 50-60 years of age and 8% are between 60-70 years old. Job Sk///s And Commuter Census Page TemeculalMurrieta Area FINDINGS: JOB, SKILLS, EXPERIENCE AND CAPABILITIES Where Adult Residents Work Some two in three area residents (68%) work outside of the immediate Temecula/Murrieta area! (Later in this report, data will identify where local residents travel to their jobs). Areas Residents Commute To For Work Temecula immediate area 24.2% Murrieta immediate area 7.6 Other area 68.2 While few studies have consistently tracked where residents work in relation to where they live, early 1990s data referred to by the (then named) Riverside County Economic and Community Development department noted that an estimated 62-66% of residents in western Riverside County commuted to jobs outside the county. Thus, the data clearly indicate that the majority of adult, working residents from the City of Temecula, City of Murrieta, and immediate surrounding areas work in jobs and at locations away from the region. Job Status And Hours Worked Recent press articles have described the very favorable employment rates in the region, particularly in the City of Temecula. For this cohort, 85% report they are working outside the home and 4% report home-based employment. Current Job Status Working outside the home 84.6% Working at home 3.7 Not working at this time 11.6 Work outside home 84.7% Not working now 11.6% Work at home 3.7% Three out of four residents currently working at home are self-employed while the remaining one-fourth have jobs which allow them to work from home. About 11.6% indicate they are not working at present. About three-fourths of these individuals fall outside the 22-59 age band and represent students, retirees, those who prefer to not be working at present, homemakers, or other related categories. In fact, only 11% of this "not working at this time" cohort is actively pursuing employment. The clear and vast majority of employed residents from the area work at least 30 hours per week. Some 52% say they work an average of 40-49 hours each week and 33% report working in excess of 50 hours per week. Overall, residents from the Temecula/Mumeta area work an average 44 hours each week. Job Ski/Is And Commuter Census Page 3 TemeculalMurrie~a Area Hours Spent Working In A Typical Work Week Less than 11 hours t.5O/o 11 - 19 hours 1.$% 20 - 29 hours 4.8% 30 - 39 hours t 1 6.8% 40 - 49 hours t ~ 52.0% 50 or more hours 33.3% I ~ 0.0% 20.0% 40.0% 60.0% Among those in the active adult labor pool, a very small percentage (approximately 3%) work 19 hours or less per week. Indeed, a relatively small percentage (under 8%) of working adults report employment of less than 30 hours per week. Job Titles and Types of Occupations of Adult Working Residents Popular opinion has long held that, particularly for the City of Temecula, residents of the area tend to be typified as working professionals, managers, and executives. This random sample of participating residents confirms that view. Nearly six in ten working adults listed their jobs or occupations as professional, technical, or managerial. Another 20% say they are employed in a clerical or sales occupation. Recall that the majority of residents hold these positions at places of employment outside of the region. Current Job Title By Major Category Professional/technical/managerial Clerical and sales occupations Service occupations Agricultural/fishery/forestry Processing occupations Machine trades occupations Benchwork occupations Structural work occupations Miscellaneous occupations 0.0% 59.5% I).5%.0% [2.4%I: 1.9% 20.0% 40.0% 60.0% 80.0% Job Skills And Commuter Census Page 4 TemeeulalMurriet~ Area The third most cited occupational category held by adult, working residents of the area is "structural work" occupations. These positions include construction, electrical assembly, painting, and related trades. Only one in 20 working adults from the area report a job title related to services, such as food and beverage workers, barbers, protective services, and similar occupations. Within the most cited job category (professional, technical, managerial), 16% of participating working adults from the area indicate their job rifles are managers and company officials. Another 7% say they are architects or engineers, and 6% report their professions are in allied health. Another 6% state they are employed in educational occupations. The following table presents a comprehensive look at the types of occupations and jobs held by local residents, most of whom travel to locations outside of the immediate area in order to work. The table is particularly usefid as a partial inventory of the types of positions now held successfully by employed local residents. Current Job Title PROFEg~IOIMUTEGHNtGAL/MANA gER!AL ~,~ Architecture/engineering/surveying 7.4 Mathematics/physical sciences 0.5 Computer-related 2.1 Life sciences 0.5 Social sciences occupations 0.2 Medicine & health occupations 6.4 Education occupations 6.4 Law & jurisprudence occupations 0.3 Religion & theology occupations 0.8 Art occupations 0.5 Entertainment/recreation occupations 0.5 Administrative specializations 12.2 Managers & officials 16.2 Misc. professional/tech/managerial 5.5 CLERICAL AND SALES OCCUPA TION8 Stenography/typing/filing & related Computing/account-recording Production/stock clerks & related Information & message distribution Misc. clerical occupations Sales - services Sales - consumable commodities Sales - commodities Misc. sales occupations Food/beverage prep & service Barbering, cosmetology & related Misc. personal service occupations Protective service occupations Building & related service A eRI~A!I. rURAt~ISHERWFORES TRY Plant farming occupations Animal farming occupations PROCE~3'11~ OCCUPATIONS Processing of metal Processing of food, tobacco & related Processing of chemicals/synthetics Processing of stone, clay, glass MACHINE TRADES OCCUPA TION~ Metal machining occupations Metal working occupations Mechanics & machinery repairers Printing occupations 1.6 2.7 0.2 0:5 3.1 5.9 1.9 1.0 2.7 0.5 0.2 0.8 1.8 1.3 ' BENCHWORK OCCU~A TION8 Fabrication/assembly/repair of metal Fabrication/repair of scientific/medical Assembly/repair of electrical equipment Fabrication/repair of products made from assorted materials Welders/cutters & related Electrical assembling/installing/repair Painting, plastering, waterproofing Excavating, grading, paving & related Construction occupations Misc. structural work occupations MISCEL I.4NEOU$ OCCUPA TtON8 Motor freight occupations Misc. transportation occupations Packaging & materials handling Production & distribution of utilities Graphic art work occupations 0.3 0.2 0.3 0.2 0.3 0.2 2.4% 1.0 0.2 0.8 0.5 0.2 0.5 1.1 0.2 ~,!~ 0.2 1.1 0.5 0.2 3.7 0.5 0.8 0.5 1.1 1.3 0.2 Job Ski/Is And Commuter Census Page TerneculalMurrieta Area Industries in Which Adult Residents Work In the previous table, discussion noted that area residents tend to hold professional, managerial, or technical employment positions. A smaller, but significant, number have job titles related to clerical and sales occupations. table below identifies the types of industries in which area residents hold these positions. Temecula/Murrieta area adult working residents report working primarily in the service sector and in manufacturing enterprises. Residents working in the services sector indicate working in educational services, health services, and companies providing business services. Residents with employment in the manufacturing sector tend to work in the electronics field, transportation services, instrumentation, and in printing services. The following table identifies the range of industries and economic sectors in which local residents are employed. AORICUI. TURE~ORE811~/FISHIt~ ~1~ Agricultural, production - crops 0.5 Agricultural, production - livestock 0.5 Agricu~uml se~ices 1.5 Fishing, hunting and trapping 0.2 Metal mining 0.2 Oil and gas e~mction 0.3 General building contractors Heavy construction, except building Special trade contractors MANUFACTURING Food and kindred products Apparel and other textile products Lumber and wood products Paper and allied products Printing and publishing Chemicals and allied products Rubber and misc. plastics products Stone, clay and glass products Fabricated metal products Industrial machinery and equipment Electronic and other electric equipment Transportation equipment Instruments and related products Misc. manufacturing industries TRANSPORTA TICIN AND PUBLIC UT#.!TIE8 Railroad transportation Trucking and warehousing US postal service Transportation by air Pipelines, except natural gas Transportation services Communications Electric, gas & sanitary services WHOLE~LE Wholesale trade - durable goods Wholesale trade - nondurable goods Current Job Industry : R£TNL TRADE Building materials and garden supplies General merchandise stores Food stores Automotive dealers and service stations Apparel and accessory stores Eating and drinking places Misc. retail FINANCE/IN~U~~EAL ESTATE 4.3 Depository institutions 0.5 Nondepository institutions 3.9 Security and commodity brokers f$.2% Insurance carriers 0.2 Insurance agents, brokers and service 0.2 Real estate 0.2 ,.~ERVICE~ 0.2 Hotels and other lodging places 1.5 Personal services 1.4 Business services 0.7 Auto repair, services and parking 0.5 Misc. repair services 0.3 Motion pictures 0.5 Amusement and recreation services 3.1 Health services 2.0 Educational services 2.0 Legal services 5.5 Social services ~.4% Membership organizations 0.5 Engineering and management services 1.0 Services, NEC 1.4 Pf.I~.!C'ADMINF3TRA TfON 0.5 Executive, legislative and general 0.2 Justice, public order, and safety 0.5 Finance, taxation and monetary policy 2.4 Administration of human resources 2.9 Environmental quality and housing $.~ Administration of economic programs 1.4 National security and international affairs 1.9 NON C~A$~YF/A~N,E E~A~ISHMEN~$ Non classifiable establishments The 0.9 0.7 1.4 2.0 0.5 1.0 2.6 7,7'% 1.4 0.7 0.7 0.2 1.5 3.2 31.5~ 0.3 0.3 6.0 0.9 0.5 0.3 1.2 8.0 8.9 0.3 0.7 1.0 1.9 1.2 3.4 1.5 0.5 0.3 0.5 0.2 1.7 0.g Job Ski/Is And Commuter Census Page 6 TemeculalMurrieta Area Current Job Industry By Major Category Agriculture/forestry/fishing 2.7% Mining Construction 8.7% Manufacturing Transportation and public utilities 9.4% Wholesale trade 3.2% 9.0% Retail trade 7.7% Finance/insurance/real estate Services Public administration 8.2% ~).9% Non classifiable establishments 0.0% 18.2% 31.5% 20.~% 4o.~% 60.0% Earnings Profile of Adult Working Residents Approximately one-third of residents responding to the census indicate receiving an hourly rate of pay, while one-half are paid a salary. The remaining percentage did not disclose information regarding their compensation. Hourly Rate Of Pay (Excluding Benefits) Less than $6.00/hour $6.00 - $10.99/hour $11.00 - $15.99/hour $16.00 - $20.99/hour $21.00 - $25.99/hour $26.00/hour or more Mean: 2.1% 15.9 19.7 24.0 14.6 23.6 $23.821hour Less than $1,000 $1,000 - $1,999 $2,000 - $2,999 $3,000 - $3,999 $4,000 - $4,999 $5,000 - $5,999 $6,000 - $6,999 $7,000 - $7,999 $8,000 or more Mean: Per Month Salary (Excluding Benefits) 0.6% 5.8 13.7 20.1 18.0 14.8 11.6 4.1 11.3 $5,023/month Job Ski/Is And Commuter Census Page TemeculalMurrieta Area For area residents compensated on an hourly basis, the mean hourly wage reported is $23.82, or about $4,000 per month in hourly earrungs for those employed full-time on this basis. Some 80% of adult working residents say they earn in excess of $11 per hour. Indeed, nearly 40% indicate earning over $20 per hour. Those residents employed on a salary basis report a mean monthly salary of $5,000. One in nine working adults participating in this census say they earn $8,000 or more per month. Education and Professional Preparation Level of Adult Area Residents The adult workforce that resides in the Temecula/Murrieta area features impressive academic credentials and preparation. Virtually all employed residents report having obtained at least a high school diploma or equivalent. Some 88% say they have at least some college education. One in five (19%) have obtained a four-year college degree. About 21% attended graduate school, with 15% (one in seven) indicating having earned a graduate school degree. Highest Level Of Education Less than high school diploma 1.1% High school diploma/equivalent 12.0 Some college 28.5 AA or AS 12.9 Community college certificate 2.2 BA or BS 19.0 Some graduate school 5.6 Graduate degree 15.0 Other 3.6 Some college 28.5% HS diploma/equivalent 12.0% AA or AS 12.8% Less than HS diploma 1.1% Community College Other certificate 3.6% 2.2% Some grad school 5.6% BA or BS 19.0% Graduate degree 15.0% As the following comprehensive educational preparation table notes, of the 13% of the adult workforce with an AA or AS degree, the majority of residents received academic preparation in business administration, allied health, or engineering disciplines. Residents indicating having earned a community college certificate (generally for a one-year occupational course of study) were awarded certificates for studies relating to business administration, construction trades, architecture, computer information systems, and engineering. For the one in five residents with a 4-year college degree, the most featured disciplines for which residents have been educated are business administration, engineering, accounting, science, and computer information systems. Fffieen percent of the adult workforce report having earned a graduate school degree. The predominant fields for which these degree-holders have been prepared academically are business administration, the teaching profession, engineering, health careers, and social/behavioral sciences. AA or AS 2-Year Degrees Received Business/business administration Health services Engineering & related technologies Liberal arts Science Fire science/police science Computer information systems Early childhood education Finance/accounting 22.2% 17.5 15.9 9.5 4.8 4.8 3.2 3.2 3.2 Community College Certificates Received Business/business administration 15.4% Construction (e.g. plumbing, electrical) 15.4 Architecture 7.7 Computer information systems 7.7 Cosmetology/barbering 7.7 Engineering & related technologies 7.7 General office skills/clerical 7.7 Hazardous materials/environmental 7.7 Machine trades 7.7 Manufacturing/industrial tech 7.7 Graphic art 7.7 Job $k//Is And Commuter Census Page TemeculalMurrieta Area BA or BS 4-Year Degrees Received Business/business administration 25.7% Engineering & related technologies 14.9 Finance/accounting 8.9 Science 6.9 Computer information systems 4.0 Health services 4.0 Sales/marketing/advertising 4.0 History 4.0 Fine/applied arts 3.0 Liberal arts 3.0 Social work/psychology 3.0 Political science 3.0 Public administration 3.0 Graduate Degrees Received Business/business administration Tea chin g/ed u cation Engineering & related technologies Health services Social work/psychology Law/criminal justice Sales/marketing/advertising Dentistry/Orthodontics Pharmacist Public administration 27.4% 21.1 12.6 5.3 5.3 4.2 3.2 2.1 2.1 2.1 Nearly 30% of responding residents indicate they have received a professional license and/or certification from an authorized body. Of this group, 25% hold a license or certification in a health discipline, 18% are licensed as real estate or insurance agents, and 16% have been awarded a license in one of the construction trades. Professional Licenses Or Certifications Received Health services 25.4% Real estate/insurance 17.7 Construction (e.g. plumbing, electrical) 16.3 Teaching/education 11.5 Engineering & related technologies 9.1 Transportation 6.7 Machine trades 4.8 Finance/accounting 3.8 Automotive repair 3.3 Hazardous materials/environmental 2.9 Dentistry/Orthodontics 2.4 Above all, this table documents the strong academic credentials and preparation of the areas working adult population. Certainly, diversity and range are key words to characterize the capabilities of area adult workers. Interest in Continuing Education and Local Training Courses and Options Residents were asked what their level of interest would be in local opportunities for career or college education and training. Nearly three out of four (74%) are at least somewhat interested in local training oppommities. One in three residents say they would be very interested in local options for career or college education and courses. Another one in five (or 19%) indicate moderate interest in local college courses or training programs to advance their careers. Job Ski/Is And Commuter Census Page TerneculalMurrie~a Area Interest In Local Opportunities For Career Or College Education And Training Very interested 34.1% Interested 19.0 Somewhat interested 21.2 Not interested 9.8 Not interested at all 15.9 Interested 19.0% Somewhat Interested 21.2% Not interested 9.8% Very interested 34.1% Not interested at all 15.9% Skills That Residents Say Could Be Used To Attract Businesses To The Area Local residents say they have a range of skills, qualifications, and competencies that should prove attractive to companies interested in locating in the area. Among the top skills in this regard are the comprehensive general job skills and experience that residents say can translate into success for any business interested in the region. Just over one in four (29%) believe they have strong customer relations, customer service, and customer communication skills that businesses of any type and size should find important. Another one in four (24%) say they have strong leadership, supervision, and management skills adaptable and relevant to nearly any industry. About 19% suggest that their strong personal values and sense of work ethic should prove attractive to businesses considering the area. Top 10 Work Or Professional Skills Of Responding Residents That Could Attract Businesses To Area Job skills/experience Customer relations/service/communication Leadership/supervision/management Work ethic/personal values Sales/marketing/advertising Business administration Computer software applications Engineering technology Office skills/clerical Health professions 0.0% 36.1% 29.0% 23.9% 18.7% 15.9% 14.5% 14.1% 9.1% 8.4% 8.2% 20.0% 40.0% / 60.0% Job Ski/Is And Commuter Census Page f O TemeculalMurrieta Area Best Work Of Professional Skills Of Residents Which Could Attract Businesses To Area Job skills/experience Customer relations/service/communication Leadership/supervision/management Work ethic/personal values Sales/marketing/advertising Business administration Computer software applications Engineering technology Office skills/clerical Health professions Accounting/finance Critical thinking/problem solving Computer networking/programming Teaching Machine trades (mechanics, shop) 36.1% 29.0 23.9 18.7 15.9 14.5 14.1 9.1 8.4 8.2 7.0 6.6 6.3 6.3 6.1 Jobs That Residents Say They Would Qualify For If Offered Locally Ninety-nine percent of surveyed adult working residents say they would be strong candidates and applicants for many technical, professional, or managerial positions that might become available locally. The majority of individuals citing this job category indicated strong preparation and qualifications in administrative specializations, management, architecture, engineering, computer science, medicine and health occupations, and educational occupations. Jobs Residents Believe They Would Qualify For As Competitive Applicants By Major Category Professional/technical/managerial Clerical and sales occupations Service occupations 4.4% Agricultural/fishery/forestry Processing occupations ).2% Machine trades occupations 4.2% Benchwork occupations 3.3% Structural work occupations 9.9% Miscellaneous occupations 5.1% 0.0% 28.0% 99.1% 20.0% 40.0% 60.0% 80.0% 100.0% Some 28% of adult working residents say they also would be strong contenders for jobs related to clerical and sales occupations. Within these occupations, jobs related to sales of services, data entry, and miscellaneous sales were cited most often. Job Skills And Commuter Census Page 11 TemeculalMurrieta Area About 10% of working adults suggest they would be strong applicants for any openings in structural work occupations, particularly those related to the construction trades and electrical assembly, installation, and repair. About 3% each of surveyed residents say they would be additionally qualified to work in occupations related to packaging and materials handling, machine repair, or protective services. Industries That Residents Say They Are Qualified To Work In Adult residents in the area say that their skills levels make them qualified to work in any number of industries. Some 45%, or nearly one-half of surveyed adult residents indicate they would qualify for jobs within the services sector. The industries within the sector mentioned most often include health services, business services, and engineering and management services. Job Industries Residents Believe They Would Qualify For By Major Category Agriculture/forestry/fishing 1.6% Construction 9.3% Manufacturing 30.3% ' 7.7% Transportation and public utilities Wholesale trade 3.0% Retail trade 9.s% Finance/insurance/real estate 8.5% Services Public administration 10.4% Various 22.1% 0.0% 20.~% 40.~% 60.0% Some 30% of the adult workforce believes it would qualify for occupations within the manufacturing sector. The most cited manufacturing cluster was electronic equipment manufacturing. About 10% say they would be strong candidates for positions within the public administration sector. The categories most mentioned were executive public administration, public order, and safety. Across various industries, residents say they would qualify for positions as follows: communications (3%), trucking and warehousing (2%), building contractors (6%), serving as insurance agents (3%), working in amusement and recreation services (3%), legal services (2%), and durable goods wholesale trades (3%). Utilization of the Employment Skills of Area Residents Residents were asked their perceptions about the utilization of their skills and abilities at their current job. Just under one-half of employed adult residents in the area indicate that their competencies and skills are "utilized to their full potential." About 40% say that their current employment only somewhat utilizes their skills and one in ten (11%) clearly believe that their skills absolutely are under-utilized in their current employment. Job Ski/Is And Commuter Census Page 12 TemeculalMurrieta Area Used to full potential 46.7% Perception Of Utilization Of Skills And Abilities At Current Job Skills utilized to full potential 48.7% Skills only somewhat utilized 40.6 Skills under-utilized 10.7 Skills under-utilized 10.7% Skills somewhat used 40.6% Thus, residents participating in this census have indicated they are well-educated, well-skilled, and quite versatile. The majority of the adult workforce population works outside of the immediate area, often in professional, technical, managerial, sales, and clerical positions. They tend to work in the service industry, followed by manufacturing, transportation, retail, and construction sectors. The vast majority believe they have skills of great interest to companies that would consider locating in the Temecula/Murrieta area and that they would be eligible for jobs across a number of industries. The majority of working adults say that their current jobs do not fully utilize their available skills. Job Ski/Is And Commuter Census Page f3 TemeculalMurrief. a Area FINDINGS: COMMUTING INFORMATION Areas Residents Commute To For Work This study purposefully sampled a specific number of City of Muraleta, City of Temecula, and adjacent unincorporated area residents. As noted earlier, the final distribution of respondents appears below. The distribution is intended to serve as a base for comparing the work location and commuting patterns of specifically surveyed residents and is not intended to represent the distribution of residents or population across communities. Areas Residents Live Or Begin Commute Murrieta immediate area 45.6% Temecula immediate area 44.0 Other area 10.4 Murrieta 45.6% Unincorporated 10.4% Temecula 44.0% Examining the location of a local resident's employment, two out of three area residents commute to a location outside the Temecula and Mumeta area for work. A R s'dreas e ~ e nsC~ Temecula area.~~~ 24.2% ~~Other area Murrieta area _ ~~~__ 68.2% 7.6% -Riverside Co -S Calif ......... :iiii!T!!:i:i!:ii:!ii San Diego Co /.San ..... Bern Co Orange Co ~-Los Angeles Co Areas Residents Commute To For Work Other Areas Residents Commute To For Work Temecula immediate area 24.2% Murrieta immediate area 7.6 Other area 68.2 San Diego County Riverside County Orange County Los Angeles County San Bernardino County Southern California 36.8% 25.9 14.0 11.1 6.1 5.6 Job Ski/Is And Commuter Census Page TemeculalMurrieta Area commute daily to employment in San Diego County. · · Looking at the two in three residents that commute out of the area to their place of work, 37% of these individuals The most cited cities of employment in this area include: City of San Diego Escondido San Marcos Oceanside Fallbrook Other communities in San Diego County Almost 26% of those who commute out of the immediate area for their employment indicate their place of employment is in another community of Riverside County. Cities most mentioned include: · City of Riverside Corona · Other communities in Riverside County · Lake Elsinore · Hemet · Moreno Valley About 14% of those who work outside of the immediate area indicate their place of employment is in Orange County. Some 11% say they make a daily commute to their workplace in Los Angeles County. Only 6% report having jobs in San Bernardino County. Commute Distances and Times On average, a Temecula or Mumeta area resident commutes 36 miles one-way to work. About one in four (28%) residents commute less than 10 miles one way to work. About one in six commuters travels between 61-90 miles one way to work. A similar number (16%) travels 46-60 miles each way to work. Approximate Number Of Miles Residents Commute One-Way 1 - 10 miles 11 - 15 miles 16 - 30 miles 31 - 45 miles 46 - 60 miles 61 - 90 miles 91 miles or more 0.0% ~ 27.9% 18.1% 2.7% , 20.0% 40.0% 60.0% Given the close proximity of a major interstate freeway, on average, residents spend 42 minutes commuting to work and 44 minutes on their commute back from work. Job Ski/Is And Commuter Census Page TemeculalMurrieta Area Typical Commute Time In Minutes 19.4% 1 - 10 minutes 16.0% 10.5% 11 - 15 minutes 10.1% 14.8% 16 - 30 minutes 17.8% 18.2% 31 - 48 minutes 16.7% 14.8% 46 - 60 minutes 14.8% 18.5% 61 - 90 minutes ~ 18.9O/o 3.7% 91 minutes or more 0.0% 20.~% 40.0% 60.0% Typical Commute Time In Minutes To Work Back From Work 1 - 10 minutes 19.4% 16.0% 11 - 15 minutes 10.5 10.1 16 - 30 minutes 14.8 17.8 31 - 45 minutes 18.2 16.7 46 - 60 minutes 14.8 14.8 61 - 90 minutes 18.5 18.9 91 minutes or more 3.7 5.7 Mean: 42 minutes 44 minutes Interestingly, compared with other areas of southern California, the longer distances in miles traveled by area residents do not necessarily mean exceedingly long commute times. Indeed, residents report that their average one-way commute of 36 miles can take as little as 42 minutes outbound and 44 minutes on the return. The availability of a multi-lane freeway system must certainly affect these fast commute times. Over four in ten adults in the area begin their commute between 5:00 am - 6:59 am. One in three workers start their commute between 7:00 am - 8:29 am. Typical Start Time Of Commute To Work 5:00 am - 6:59 am 44.1% 7:00 am - 8:29 am 35.1 8:30 am - 9:59 am 10.0 All other departures 10.7 7:00 am -8:29 am 35.1% 5:00 am - 6:59 am 44.1% All other departures 10.7% 8:30 am - 9:59 am 10.0% Job Sk/11s And Commuter Census Page TemeculalMurrie~a Area For their trip back to the Temecula/Murrieta area, nearly six in ten working adults begin their return commute between 5:00 pm - 6:59 pm. About 29% of adult working residents begin their commute at a variety of other times, primarily because of swing shifts, graveyard shifts, part-time employment, and the like. Typical Start Time Of Commute Back From Work 5:00 pm - 6:59 pm 59.7% 5:00 pm -6:59 pm 7:00 pm - 8:29 pm 8:30 pm - 9:59 pm All other departures 59.7% 9.0 2.0 29.3 7:00 pm - 8:29 pm All other departures 9.0% 8:30 pm - 9:59 pm 29.3% 2.0% Means Of Transportation Just over 90% of surveyed adult residents indicate they drive alone to work on a nearly daily basis. About 14% say they carpool an average four days per week. Less than 1% utilize any form of public transit and, when they do, they use this method 3 or less times per week. A very, very small percentage (0.3%) - three-tenths of one percent - say they often walk to work as their primary means of transportation. Because commuters may take more than one form of transportation in a typical week, multiple methods were permissible and the percentage totals add to more than 100%. Means Of Getting To Work I Drive alone Carpool Public transit Walk Other means 0.7% :).3% 1.0% 0.0% 14.1% 90.6% ? i ~ i i 20.0% 40.0% 60.0% 80.0% 100 0% Means And Frequency Of Transportation To And Back From Work Mean Number Of Days Means Of Transportation Percent Using Using Per Week Drive alone 90.6% 5 days/week Carpool 14.1 4 days/week Public transit 0.7 3 days/week Walk 0.3 4 days/week Other means 1.0 3 days/week Job Ski/Is And Commuter Census Page f 7 TemeculalMurrieta Area Perceptions About Commute Time And Distance While 56% of area residents say their commute time is "OK," more than four in ten Tcmecula and Mumeta area residents indicate the amount of time spent commuting to work is a bit too much or much more than they would like. It is OK 56.0% Rating Of Amount Commute Time It is OK 56.0% It is a bit too much 15.3 It is much more than I would like 28.7 / A bit too much Much more than I like 15.3% 28.7% Interest In Changing Employment To Work Locally Residents were asked what their interest would be in changing employment and working locally in a similar job ff there was comparable and similar employment for them in the Temecula/Murrieta area. Nearly nine out of 10 of those not currently working in the area indicate at least minimal interest in changing jobs to work locally. Interest In Changing Employment To Work Locally Very interested 51.7% Interested 29.0 Minimally interested 7.7 Not interested 11.6 Interested Minimal interest 29.0% 7.7% Very Interested 51.7% No interest 11.6% Just over one-half of those adults who work outside of the immediate area indicate they would be "very interested" in considering a comparable position or job available locally. Less than 8% say they are only minimally interested in a local employment opportunity and less than 12% say they have no interest at all in changing their current job or employment in order to consider a comparable local position. Residents indicating minimal interest in changing their current employment to work locally commute an average 42 miles each way. Those indicating strong interest commute an average 48 miles each way. And, those saying they are very interested commute an average 53 miles each way. Interest in Changing Current Compensation Level In Order To Work Locally Residents were further asked whether they would consider earning less in order to work locally in a similar or comparable job. Nearly 46% indicate they would consider such an option. Just over one-half, or 54%, indicate they would not be interested in pursuing a local, comparable position if it means earning less than their current level of compensation. Job Ski/Is And Commuter Census Page f8 TemeculalMurrieta Area Would You Consider Earning Less To Work Locally In A Similar Job? Percent Reduction In Pay Resident Would Consider To Work Locally N°! 54.3% Would consider earning less to work locally 45.7% Would no.__~t consider earning less 54.3 to work locally Yes 45.7% fO%- 15% 5% -20% Up to 5% less pay acceptable 45.8% Up to 10% less pay 35.4 Up to 15% less pay 9.4 Up to 20% less pay 6.8 Up to 25% or more less pay 2.6 For the just under one-haft of the working adult population that indicated they would consider earning less in order to work locally, almost 50% of this group says it is willing to consider earning up to 5% less in order to secure a local job. A full one-third in this category say they would be willing to accept up to 10% less pay in order to work locally in a comparable position. And, nearly one in ten say they are willing to accept upwards of a 15% reduction in their current pay scale in order to work in the immediate area. Profiles of Residents Willing To Consider Changes in Employment & Compensation Among the nearly nine in ten adult residents saying they have at least minimal interest in changing their employment in order to work locally in similar jobs, almost 16% of them currently work in administrative specialization positions. About 14% are employed as managers and nearly 10% are architects or engineers. Top 10 Current Job Titles Of Responding Residents With At Least Minimal Interest In Changing Employment To Work Locally In Similar Jobs Administrative specializations Managers & officials Architecture/engineering/surveying Misc. professional/techlmanagerial Medicine & health occupations Education occupations Misc. clerical occupations Sales - services Construction occupations Computer-related 0.0% 3.7% 3.1% 2.6% / 20.0% 40.0% 60.0% 80.0% Job Skills lind Commuter Census Page f9 TemeculalMurrieta Area A very similar pattern emerges when examining the current occupations of those adult residents indicating they would be willing to consider earning less in order to work locally in a similar job. Top 10 Current Job Titles Of Responding Residents Who Would Consider Earning Less To Work Locally In Similar Jobs Administrative specializations Managers & officials Architecture/engineering/surveying Misc. professional/tech/managerial Misc. clerical occupations Sales - services Computer-related Medicine & health occupations Misc. sales occupations Construction occupations 0.0% 20.0% 40.0% 60.0% 80.0% Summary The data in this section indicate that the majority of working adults in the Temecula/Murrieta region commute to locations outside the immediate area for their employment. The typical commuter drives 36 miles one way to work and has an outbound commute of 42 minutes and a return commute of 46 minutes. About 44% of commuters are uncomfortable with the length of their commute. Nearly nine in ten working adults in the area say they would be willing to consider changing their current place of employment if a comparable position was available locally. Nearly 46% say they would consider a reduction in compensation in order to accept a comparable position locally. Over one- half of this group would consider a pay reduction of 10% or more for the prospects of local, comparable employment. Those individuals currently employed in administrative, managerial, architectural, and engineering positions would be most likely to consider changes in employment and compensation levels in order to pursue a local employment opportunity. Job Skills And Commuter Census Page 20 ITEM 5 APPROVAL CITY ATTORNEY FINANCE OFFICEI~ ~.~.~)Y-~ CITY MANAGER REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: Executive Director/Redevelopment Agency Members Mary Jane McLarney, Redevelopment Director ~!~. February 10, 1998 SUBJECT: Adoption of a Resolution Related to the Issuance of Bonds for the Purpose of Financing Multifamily Residential Projects Prepared by: John Meyer, Housing and Redevelopment Manager RECOMMENDATION: That the Redevelopment Agency approve the adoption of a resolution for the issuance of bonds for the purpose of financing the acquisition, construction and/or rehabilitation of two multi- family residential rental projects and related facilities and the construction of 18 to 38 new units. Resolution entitled: RESOLUTION NO. RDA 98- 'A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA RELATING TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION OF TWO MULTIFAMILY RESIDENTIAL RENTAL PROJECTS AND RELATED FACILITIES AND THE POSSIBLE CONSTRUCTION OF ADDITIONAL UNITS' DISCUSSION: On October 8, 1996 the Redevelopment Agency authorized the purchase of the Sherwood and Pujol Apartments located on the westside of Pujol Street south of Sixth Street. The acquisition of these apartments was initially funded with Redevelopment Agency housing set aside funds. The purpose of these acquisitions is to provide for the development of a comprehensive affordable housing project including the one acre of property located between the apartments which has already been acquired by the Redevelopment Agency. R: ~IOUSINO~NOPU.IOL~t PTBOND. RDA 2/3/98 Per Agency direction, staff has been negotiating with the Affirmed Housing Group to rehabilitate the 38 existing units and develop additional units. In order to finance the construction and rehabilitation, staff is proposing to obtain an allocation of tax exempt mortgage revenue bonds. The process is competitive through a State hearing to be held February 17. The attached resolution allows the Agency to apply for an allocation. A similar resolution was adopted by the Agency on November 12, 1996, however the bond limit was set at $4 million dollars. This resolution raises the bond limit to $6.3 million to accommodate the expanded scope of the project. The action taken by the Redevelopment Agency in adopting the resolution does not commit the Agency to the issuance of bonds nor does it carry with it any other fiscal impact. The action merely holds the option open of issuing bonds in the future and provides the Agency with flexibility to accommodate any design and construction issues that are yet to be defined. FISCAL IMPACT: All bond documents and contracts will be brought to the Agency for approval. ATTACHMENTS: Resolution R:~-IOUSINO~OPUJOL~tl~I'BOND.RDA 2/3198 k~s RESOLITFION NO. RDA 98- A RESOLIYFION OF THE REDEVELOPMENT AGENCY OF ~ CITY OF TEMECULA RELATING TO ~ ISSUANCE OF BONDS FOR TH'F~ PURPO~ OF FINANCING THE ACQUISITION OF TWO MULTIFAMILY RESIDENTIAL RENTAL PR(MECTS AND RELATED FACILITIES AND THE POSSIBLE CONSTRUCTION OF ADDITIONAL UNITS WHE~AS, The Redevelopment Agency of the City of Temecula (the "Agency") is authorized to issue bonds pursuant to the provisions of the California Health and Safety Code (the "Law") for the purpose of providing financing for the acquisition of multifamily residential rental projects; and Wi:II~,EAS, the Agency may, in the future, desire to issue and sell its revenue bonds (the "Bonds") pursuant to the procedures specified in the Law for the purpose of financing the acquisition, construction and/or rehabilitation by Temecula Gardens L.P. a California limited parmership (of which Affirmed Housing Group, a California corporation is the general parmer), or an assignee thereof (the "Developer") of: (a) two multifamily residential rental projects and related and appurtenant facilities consisting of (I) a 28 unit apmanent complex known as Sherwood Apartments, located at 28485-28497 Pujol Street in the City of Temecula, and (ii) a 14 unit apartment complex known as Pujol Street Apartments, located at 28559-28565 Pujol Street in the City of Temecula (collectively, the "Projects"); and (iii) four vacant properties totaling approximately 1 acre at 28534, 28535, 28545, and 28555 Pujol Street in the City of Temecula and other adjacent land and the construction thereon of 18 to 38 new units of multifamily residential rental housing (collectively, the Projects); and ~EAS, United States Income Tax Regulations section 1.103-18 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, among which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer must declare an intention to reimburse such expenditure; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purposes of the Agency that the Agency declare its official intent to reimburse the expenditures referenced herein from the proceeds of the Bonds. NOW THEREFORE, BE IT RESOLVe, by the Governing Board of the Redevelopment Agency of the City of Temecula as follows: R: ~IOUSINOL.~IOPUIOL~Ol'!~OND. RDA 2/3/98 Section 1. The Agency declares its intent to issue and sell the Bonds pursuant to the procedures specified in the Law in an aggregate principal amount not to exceed $6,300,000 for the purposes of providing financing for the acquisition, construction and/or rehabilitation by the Developer of the Projects. Section 2. The issuance and sale of the Bonds shall be upon such terms and conditions as may be determined by the Agency, the Developer and the purchaser of said Bonds, and shall be authorized by resolution of the Agency at a meeting duly held and conducted for such purpose. Section 3. The Agency hereby declares that it reasonably expects that a portion of the proceeds of the Bonds will be used for reimbursement of expenditures for the acquisition of the Projects that are paid before the date of initial execution and delivery of the Bonds. Section 4. The maximum amount of proceeds of the Bonds to be used for reimbursement of expenditures by the Developer for the acquisition, construction and/ or rehabilitation of the Projects that are paid before the date of initial execution and delivery of the Bonds is $6.3 million. Section 5. The foregoing declaration is consistent with the budgetary and financial circumstances of the Agency in that there are no funds (other than proceeds of the Bonds) that are reasonably expected to be (I) reserved, (ii) allocated, or (iii) otherwise set aside, on a long term basis, by or on behalf of the Agency, or Developer, or any public entity controlled by the Agency, or the Developer for the expenditures for the acquisition, construction and/or rehabilitation of the Project that are expected to be reimbursed from the proceeds of the Bonds. Section 6. The Agency hereby finds that the issuance of the Bonds is a substantial inducement to acquire the Projects. Section 7. The adoption of this Resolution shall not obligate (I) the Agency to issue bonds to provide financing to the Developer to acquire, construct and/or rehabilitate the Projects or to acquire, construct or rehabilitate the Projects from its own funds; or (ii) the Agency, the City of Temecula (the "City"), the Planning Deparunem of the City or any other department of the City to approve any application or request for, or take any other action in connection with, any permit or other action necessary for the acquisition, repair, rehabilitation or operation of the Projects. R: H-IOUSINOkNOPUIOLki, FTBOND. RDA 2/3/98 PASSEI~, APPROVEI~ AND ADOFrED, by the Governing Board of the Redevelopmere Agency of the City of Temecula at a regular meeting held on the 10 day of February, 1998. Karel F. Lindemans, Chairperson ATTEST: Susan Jones CMC, Acting Agency Secretary/City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Acting City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution NO. REDEVELOPMENT AGENCY 98-~ was duly adopted at a regular meeting of the Governing Board of the Redevelopment Agency of the City of Temecula on the 10th day of February, 1998, by the following roll call vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS ABSENT: AGENCY MEMBERS Susan Jones, Acting Agency Secretary/City Clerk R:\HOUSINO~IOPU]OL~a.P'rBOND.RDA 2/3/9~ k~s JOINT MEETING CITY COUNCIL AND REDEVELOPMENT AGENCY ITEM 6 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/Redevelopment Agency Ronald E. Bradley, Executive Director February 10, 1998 Formation of Joint Exercise of Powers Authority RECOMMENDATION: 1. That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 2. That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA 3. That the City and the Redevelopment Agency execute the joint exercise of powers agreement creating the Winchester Hills Financing Authority. BACKGROUND: Winchester Hills I L.L.C., a California limited liability company (the "Landowner"), has requested that a community facilities district be formed to assist in the refinancing of public improvements in the Winchester Hills'area of the City by means of the refinancing of certain assessment liens on property of the Landowner levied by the County of Riverside in two County Assessment Districts. The Landowner has agreed to pay all City out of pocket expenses in connection with the proposed financing. City Staff, with the advice of R:I COHEEMIA GENDA LI3510.A GN 2/2/98 the City's consultants, have recommended that various actions be taken in order to allow formal consideration of the Landowner's request. Quint & Thimmig LLP, the City's Bond Counsel, has recommended that the City and the Redevelopment Agency form a joint exercise of powers authority in order to conduct the proceedings related to the proposed financing. Under California law, a joint exercise of powers authority is a separate legal entity from the public agencies that create it, and its debts and liabilities are not those of the public agencies that create it. It is proposed that the City and the Redevelopment Agency form the Winchester Hills Financing Authority (the "Authority"), which would then consider the formation of a community facilities district and the issuance of bonds necessary to refinance the public improvements and related fixed assessment liens. The bonds would only be sold when it is assured that the Landowner will proceed with the sale of its land in the Winchester Hills Area to a financially capable entity and appropriate financing guarantees are provided as determined by the City, in consultation with the bond underwriter and the City's financial advisor. Because the Authority will be a separate legal entity from the City and the Redevelopment Agency, no funds or assets of the City or the Redevelopment Agency will be liable for the payment of debt service on any bonds issued by the Authority. The bonds will be secured solely by the proceeds of special taxes levied on land owned or controlled by the Landowner (or its successor in interest) in the Winchester Hills Area. The City Council members will act as the Board of Directors of the Authority, so that they can control all aspects of any Authority bond issue. It is expected that the Authority will form a community facilities district in connection with the proposed financing. The proposed financing structure will ensure that only properties included within the proposed community facilities district will be taxed to pay for the bonds, and the bonds will be payable solely from the proceeds of those taxes. The bonds will not be general obligations of the City or the Redevelopment Agency, but only limited obligations of the Authority, payable from special taxes levied on land owned by the Landowner (or its successor in interest). SPECIFIC ACTIONS: In order to begin the process to consider the formation of the community facilities district and the issuance of the bonds, the following actions must occur: The City and the Redevelopment Agency each must consider the adoption of a resolution authorizing them to enter into a joint exercise of powers agreement to create the Winchester Hills Financing Authority. Following the adoption of their respective resolutions, the appropriate officers of the City and the Redevelopment Agency must execute the joint exercise of powers agreement. The Winchester Hills Financing Authority will then, by minute order, appoint a Chairperson, and consider adoption of a resolution with respect to meetings and other administrative matters. The Authority will also consider adoption of a resolution adopting local goals and policies for its Mello-Roos districts. Under applicable State law, a new community facilities district cannot be formed unless the entity which forms it has first adopted local goals and policies which satisfy certain requirements of law. The suggested local goals and policies only pertain R: t COHEEMtA GENDA tJ3510. A GN 2/2/98 to the specific financing contemplated by the Authority, and would not apply to any community facilities district that may be created in the future by the City. The Winchester Hills Financing Authority will then consider adoption of a resolution of intention acknowledging receipt of a petition to form a community facilities district, and authorizing and directing the engagement of consulting firms and other actions related to the proposed community facilities district. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. Neither the City nor the Redevelopment Agency will have any responsibility for the payment of debt service on any bonds issued by the Winchester Hills Financing Authority. Attachments: Resolutions (2) Joint Exercise of Powers Agreement R: I COHEEMIA GENDA IJ36 f O.A GN 2/2/98 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REr}EVELO~ AGENCY OF THE CITY OF TEMECULA WHERgAS, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula (the "Agency") desire to assist in the financing and refinancing of public capital improvements and related fixed assessment liens in the Winchester Hills area of the City; and WHEREAS, in connection with such assistance, the City and the Agency propose to form a joint exercise of powers authorities pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, to exercise the powers of the City and the Agency, and to enable the use of financing techniques that may reduce local borrowing costs, and to otherwise promote the greater use of existing and new financial instruments and mechanisms, all in accordance with the financing and refinancing of public improvements and related assessment liens by and through a community facilities district to be formed by such joint powers authority; and WHEREAS, a form of joint exercise of powers agreement between the City and the Agency creating the Winchester Hills Financing Authority (the "Joint Powers Agreement"), has been filed with the City Clerk, and the City Council, with the aid of City staff, have reviewed the 1oint Powers Agreement; and WHEREAS, the City Council now desires to approve the Joint Powers Agreement, and to authorize its execution and delivery. NOW, THEREFORE, BE IT RESOL~ by the City Council of the City of Temecula as follows: Section 1. Formation of Ioint Powers Authority.. The City Council hereby authorizes the officers and staff members of the City to assist in the organization of a joint exercise of powers authority between the City and the Agency to be known as the "Winchester Hills Financing Authority." The City Council hereby approves and authorizes the Mayor to execute and deliver and the City Clerk to attest the Joint Powers Agreement forming said joint exercise of powers authority, in the form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such chang~ to be conclusively evidenced by the execution and delivery by the City of the Joint Powers Agreement. Seetim 2. Official Actions. The Mayor, City Manager, City Clerk and all otlmr officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint exercise of powers authority, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may d~m neces~ or desirable and not inconsistent with the purposes of this Resolution. PASSim, APPROV!~ AND ADOPT!~, by the City Council of the City of Temecula, at a regular meeting held on the 10th day of February, 1998. Ron Roberts, Mayor ATTF~T: Susan W. Jones, CMC Acting City Clerk [SEAL] Repo.\98- 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of February, 1998, by the following vote: COUNCILI~ERS: NOF~: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk Re.,,o~\98- 3 RESOLUTION NO. RDA 98- A ~LUTION OF THE I~I~EVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA WHEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") and the City of Temecula (the "City") desire to assist in the financing and refinancing of public capital improvements and related fixed assessment liens in the Winchester Hills area of the City; and WHEREAS, in connection with such assistance, the Agency and the City propose to form a joint exercise of powers authority pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, to exercise the powers of the Agency and the City, and to enable the use of financing techniques that may reduce local borrowing costs, and to otherwise promote the greater use of existing and new financial instruments and mechanisms, all in connection with the financing and refinancing of public improvements and related assessment liens by and through a community facilities district to be formed by such joint powers authority; and WHF_,R S, a form of joint exercise of powers agreement between the Agency and the City creating the Winchester Hills Financing Authority (the "$oint Powers Agreement"), has been filed with the Secrelary of the Agency, and the members of the Governing Board of the Agency, with the aid of Agency staff, have reviewed the Joint Powers Agreement and now desire to approve it and authorize its execution and delivery. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Temecula as follows: Section 1. Formation of Ioint Powers Authority. The Governing Board of the Agency hereby authorizes the officers and staff members of the Agency to assist in the organization of a joint exercise of powers authority between the Agency and the City, to be known as the "Winchester Hills Financing Authority." The Governing Board of the Agency hereby approves and authorizes the Clan to execute and deliver and the Secretary to attest the Joint Powers Agreement forming said joint exercise of powers authority, in the form on file with the Secretary together with any changes therein deemed advisable by counsel to the Agency, the approval of such changes to be conclusively evidenced by the execution and delivery by the Agency of the Joint Powers Agreement. Re.~DA 911- I Section 2. Official Actions. The Clmixpe~on, Executive Director, Secretary and all other officers of the Agency, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint exercise of powers authority, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Redevelopment Agency this 10th day of February, 1998. Karel F. Lindemans, Chairperson ATrNST: Susan W. Jones, CMC Acting Agency Secretary/City Clerk [S~] ReaoskRDA 98- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, Acting Secretary of the Temecula Redevelopment Agency, do hereby certify that the foregoing RDA Resolution No.98- was duly and regularly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on thel0 th day of February, 1998, by the following vote: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Susan W. Jones, CMC Acting Agency Secretary/City Clerk Re~oskRDA 98- 3 WINCHESTER HILLS FINANCING AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT This Agreement (the "Joint Exercise of Powers Agreement"), dated February 10, 1998, is by and between the City of Temecula, a municipal corporation and public body, corporate and politic duly organized and existing under the laws of the State of California (the "City"), and the Redevelopment Agency of the City of Temecula, a public body corporate and politic duly organized and existing under the laws of the State of California (the "Agency"). WI TN E S S E TH: WHEREAS, agencies formed under Articles 1-4 (commencing with Section 6500) of Chapter 5, Division 7, Title I of the Government Code of the State of California (the "Act") are permitted to provide financing for any of their members or other local public agencies in the State of California in connection with the acquisition, construction and improvement of public capital improvements, working capital requirements or insurance programs of such members or other local agencies; and WHEREAS, the City and the Agency wish to form an agency under the Act for the purpose of providing an entity which can assist in providing financing and refinancing for public capital improvements in the Winchester Hills Area of the City and for other purposes which are authorized under the Act. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the City and the Agency do hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01. D.P, JJDJtJQI~. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meanings herein specified. "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California. "Agreement" means this Joint Exercise of Powers Agreement, as originally entered into or as amended from time to time. "Authority" means the Winchester Hills Financing Authority established pursuant to Section 2.02 of this Agreement. R:coheem\agenda~j3503.wpd I "Board' means the Board of Directors of the Authority referred to in Section 2.0;3. "Bond Law" means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584), as now in effect or hereafter amended, Article 2 of the Act as now in effect or hereafter amended, or any other law available for use by the Authority in the authorization and issuance of bonds to provide for the financing of Obligations, Working Capital Requirements, Public Improvements and/or liability or insurance needs of any Public Agency. "Bond Purchase Agreement" means an agreement between the Authority and the City, the Agency or any Public Agency, pursuant to which the Authority agrees to purchase Obligations from the City, the Agency or such Public Agency, as the case may be. "Bonds" means bonds, notes or other obligations of the Authority issued pursuant to the Bond Law or pursuant to any other provision of law which may be used by the Authority for the authorization and issuance of bonds, notes or other obligations. "Directors" means the representatives of the City appointed to the Board pursuant to Section 2.03. "Fiscal Year" means the period from July I in any calendar year to and including June 30 in the succeeding calendar year. "Members" means the City and the Agency. "Obligations" has the meaning given to the term "Bonds" in Section 6585(c) of the Bond Law. "Public Agency" means any public agency authorized by the Act to enter into a joint exercise of powers agreement with the City and the Agency. "Public Improvements" has the meaning given such term in Section 6585(g) of the Bond Law. "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02. "Working Capital Requirements" means the requirements of any Public Agency for funds to be used by, or on behalf of, such Public Agency for any purpose for which such Public Agency may borrow money pursuant to Section 53852 of the Government Code of the State of California. R:coheem\agenda~j3503.wpd 2 ARTICLE II GENERAL PROVISIONS Section 2.01. EtffJ;ZQ~. This Agreement is made pursuant to the Act providing for the joint exercise of powers common to the City and the Agency, and for other purposes as permitted under the Act, the Bond Law and as agreed by one or more of the parties hereto. The primary purpose of this Agreement is to provide for the refinancing of Public Improvements or Obligations in connection with fixed special assessment liens in the Winchester Hills Area of the City and the potential for the financing of additional public improvements in such area, through the formation by the Authority of one or more community facilities districts, the acquisition by the Authority of such Public Improvements, and/or the purchase by the Authority of Obligations of the City, the Agency or any Public Agency pursuant to Bond Purchase Agreements and/or the lending of funds by the Authority to the City, the Agency or any Public Agency. Section 2.02. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Winchester Hills Financing Authority". The Authority shall be a public entity separate and apart from the City, the Agency and any other Public Agency, and shall administer this Agreement. Section 2.03. Board of Directors. The Authority shall be administered by a Board of Directors consisting of five (5) Directors, unless and until such number is changed by amendment of this Agreement. The Directors of the Authority shall be comprised of the members of the City Council of the City. The Board shall be called the "Board of Directors of the Winchester Hills Financing Authority". All voting power of the Authority shall reside in the Board. Section 2.04. Meetinos of the Board. (a) Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with the City and the Agency. (b) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. (c) Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act of the Government Code of the State of California. Section 2.05. Actions Taken. The Secretary shall cause to be kept records, consistent with City policy, of all actions taken by the Board at all meetings of the Board and shall, as soon as possible after each meeting, make such records available for inspection by each Director and the Members. R:coheem\agenda~j3503.wpd 3 Section 2.06. ~Q[i/~. Each Director shall have one vote. Section 2.07. Ouorum.' Reauired Votes: A_~_~rovals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Directors present at any meeting at which a quorum is present shall be required to take any action by the Board. Section 2.08. ~. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as the Board may deem necessary or advisable for the purposes hereof. ARTICLE III OFFICERS AND EMPLOYEES Section 3.01. Chairoerson. Executive Director and Secretary. The City Manager and the City Clerk are hereby designated as the Executive Director and Secretary, respectively, of the Authority. The Board shall select a Chairperson from among its members who shall serve as Chairperson until such person is no longer a City Councilmember or a new Chairperson is appointed by the Board. The officers shall perform the duties normal to said offices. The Chairperson or the Executive Director (or any other person authorized by resolution of the Board) shall sign contracts on behalf of the Authority, and the Chairperson shall perform such other duties as may be imposed by the Board. The Executive Director shall administer the day-to-day affairs of the Authority and shall execute the policies and directives of the Board. The Secretary shall countersign all contracts signed by the Chairperson or the Executive Director on behalf of the Authority (unless otherwise specified by resolution of the Board), perform such other duties as may be imposed by the Board and cause a notice of this Agreement to be filed with the Secretary of State pursuant to the Act. Section 3.02. Treasurer and Auditor. Pursuant to Section 6505.6 of the Act, the City Treasurer is hereby designated as the Treasurer of the Authority and the City Finance Director is hereby designated as the Auditor of the Authority. The Treasurer shall be the depositary, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Act, the Auditor shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority, which audit may be combined with any audit of the accounts and records of the City, the Agency and/or any Public Agency. Section 3.03. Officers in Charoe of Records. Funds and Accounts. Pursuant to Section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. R :coheem\agenda~j3503.wpd 4 Section 3.04. Bondina Persons Havina Access to Authority Records. From time to time, _ -- the Board may designate persons, in addition to the Executive Director, the Secretary, the Treasurer and the Auditor, having charge of, handling or having access to any records, funds or accounts or any Public Improvement of the Authority, and the respective amounts of the official bonds of the Executive Director, the Secretary, the Treasurer and the Auditor and such other persons pursuant to Section 6505.1 of the Act. Section 3.05. Le(~al Advisor. The City Attorney shall act as the legal advisor of the Authority, and shall perform such duties as may be prescribed by the Board. Section 3.06. Other Em_olo_vees. The Board shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by the City or the Agency or, by reason of their employment by the Board, to be subject to any of the requirements of the City or the Agency. Section 3.07. Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who may or may not be Directors, as the Board shall from time to time deem appropriate. ARTICLE IV POWERS Section 4.01. General Powers. The Authority shall exercise the powers granted to it under the Act, including but not limited to the powers set forth in the Bond Law and the powers of each of the Members as may be necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the City, the Agency and any other Public Agency. Section 4.02. Power to Issue Bonds. The Authority shall have all of the powers provided in the Act and in the Bond Law, including the power to issue Bonds thereunder. Section 4.03. Soecific Powers. The Authority is hereby authorized, in its own name, R:coheem\agenda~j3503.wpd 5 to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to make and enter into contracts; (b) to employ agents or employees; (c) to acquire, construct, manage, maintain or operate any Public Improvement, including the common power of the City and the Agency to acquire any Public Improvement by the power of eminent domain or any other lawful means; (d) to sue and be sued in its own name; (e) to issue Bonds and otherwise to incur debts, liabilities or obligations; provided, however, that no such Bond, debt, liability or obligation shall constitute a debt, liability or obligation of the City, the Agency or any other Public Agency; (f) to apply for, accept, receive and disburse grants, loans and other assistance from any agency of the United States of America or of the State of California; (g) to invest any money in the treasury pursuant to Section 6505.5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Code of the State of California; (h) to apply for letters of credit or other form of financial guarantees in order to secure the repayment of Bonds and enter into agreements in connection therewith; (i) to carry out and enforce all the provisions of this Agreement; (j) to make and enter into Bond Purchase Agreements and any other agreements, assignments and documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Act; (k) to purchase Obligations of or to make loans to the City, the Agency or any other Public Agency for the purposes hereof, or to refinance indebtedness incurred by the City, the Agency or any other Public Agency in connection with any of the purposes hereof; (I) to establish community facilities districts under the Mello-Roos Community Facilities Act of 1982, as amended; and (m) to exercise any and all other powers as may be provided in the Act or in the Bond Law. Section 4.04. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Act and in the Bond Law, and, except for those powers set forth in the Bond Law, shall be subject (in accordance with Section 6509 of the R:=oheem\agenda~j3503.wpd 6 Act) to the restrictions upon the manner of exercising such powers that are imposed upon the Agency in the exercise of similar powers. Section 4.05. Oblioations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City, the Agency or any other Public Agency. Section 4.06. Non-Uability for Obligations of Authority. No Member, Director, officer, agent or employee of the Authority shall be individually or personally liable for the payment of the principal of or premium or interest on any obligations of the Authority or be subject to any personal liability or accountability by reason of any obligations of the Authority; but nothing herein contained shall relieve any such Member, Director, officer, agent or employee from the performance of any official duty provided by law or by the instruments authorizing the issuance of any obligations of the Authority. ARTICLE V CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS Section 5.01. Contributions. The Members may in the appropriate circumstance when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of Government Code Section 6513 are hereby incorporated into this Agreement by reference. Section 5.02. Accounts and Reoorts. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any Bonds issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by representatives of the Members. Within 180 days after the close of each Fiscal Year an annual report of all financial activities for such Fiscal Year shall be presented to the Members, to the extent such activities are not covered by the report of such trustee. The trustee appointed under any indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said indenture or trust agreement as may be desirable to carry out this Agreement. Section 5.03. Funds. Subject to the applicable provisions of any instrument or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. R:ooheem\agenda~j3503.wpd 7 Section 5.04. Annual Budpet and Administrative Exoenses. The Board may adopt a budget for administrative expenses, which shall include all expenses not included in any financing issue of the Authority, on or about July 1st of each year. The estimated annual administrative expenses of the Authority shall be allocated in such budget by the Authority to the Members and/or any Public Agency in such proportion as the Board shall determine. In the absence of any such determination such allocation shall be made and charged to each Public Agency in proportion to the principal amount of Bonds of each such Public Agency purchased by the Authority. ARTICLE Vl TERM Section 6.01. Term. This Agreement shall become effective, and the Authority shall come into existence, on the date of execution and delivery hereof, and this Agreement and the Authority shall thereafter continue in full force and effect for at least forty (40) years (unless earlier terminated by the Members), but in any event so long as either (a) any Bonds remaining outstanding or any material contracts to which the Authority is a party remain in effect, or (b) the Authority shall own any interest in any Public Improvements or land. Section 6.02. Disposition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall be conveyed to the City. ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to the notice address of each party hereto for legal notices or as otherwise provided by a party hereto in writing to each of the other parties hereto. Section 7.02. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 7.03. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 7.04. Law Governing. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. Section 7.05. ,~mendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more R:ooheem\agenda~j3503.wpd 8 supplemental agreements executed by both of the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose, including without limitation addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 7.06. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 7.07. ~,,y.P,,~bJJ~. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section 7.08. ~IF,~,~. This Agreement shall be binding upon and shall inure to the benefit of the successors of the City or the Agency, respectively. Neither the City nor the Agency may assign any right or obligation hereunder without the written consent of the other. R:=oheem\agenda~j3503.wpd 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. CITY OF TEMECULA Date: February 10, 1998 By: Ron Roberts, Mayor ATTEST: By: Susan Jones, CMC Acting City Clerk [SEAL] REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Date: February 10, 1998 By: Karel F. Lindemans, Chairperson ATTEST: By: Susan Jones, CMC Acting Agency Secretary/City Clerk R:=oheem\agenda~j3503. wpd 10 WESTSIDE IMPROVEMENT AUTHORITY MINUTES OF A REGULAR MEETING OF THE TEMECULA WESTSIDE IMPROVEMENT AUTHORITY JANUARY 13, 1998 A regular meeting of the City of Temecula Westside Improvement Authority was called to order at 8:24 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Ford presiding. PRESENT: 5 AUTHORITY MEMBERS: Comerchero, Lindemans, Roberts, and Ford. ABSENT: 0 AUTHORITY MEMBERS: None. ABSTAIN: I AUTHORITY MEMBERS: Stone. Also present were Executive Director Bradley, City Attorney Thorson, and City Clerk Greek. Public Comments None given. Authority Business 1. Minutes 1.1 Approve the minutes of December 16, 1997. ~ Authority Member Undemans moved to approve the minutes of December 16, 1997, as written. The motion was seconded by Authority Member Comerchero and voice vote reflected unanimous approval with the exceotion of Authority Member Stone who ~.S~[l~.~. At this time, the following item was discussed in joint session with the City Council. 2. Financing for Westside Area Public Imr)rovements and OpensDace Acouisition and the Western Bv.r)ass Corridor 2.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY Minute~.WlA~011 :~8 I 2.2 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT 2.3 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT. 2.4 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING A SPECIAL ELECTION 2.5 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 2.6 That the Board of Directors read by title only and introduce an ordinance entitled: ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) Minutes.WlA~011396 2 Ms. Jackie Sylvestre, 41776 Corte Camara, advised that she would be relinquishing her time to Mr. Joe Terrazzas. In response to Authority Member Lindemans, Executive Director Bradley advised that City staff had received a request from Mr. Buffman to continue this item to the January 27, 1998, City Council meeting. Referencing an article published in the Press Enterprise (September 1995), Mr. Joe Terrazzas, 31160 Lahontan Street, commented on the increasing number of bond defaults and the associated risks of such defaults on the issuing cities. In response to comments made by Mr. Terrazzas, Chairman Ford requested that only factual information be shared and that any personal attacks and/or dispersements be withheld. In light of Chairman Ford's request, Mr. Terrazzas continued to proceed to make comments with regard to Mr. Buffman and his past investment history. ~ Authority Member Roberts moved to continue this item to the January 27, 1998, Wests)de Improvement Authority meeting. The motion was seconded by Authority Member Comerchero and voice vote reflected unanimous approval with the exceotion of Authority Member Stone who At this time, Mayor Roberts recessed the City Council meeting. Authority Busiqess . Wests)de Imorovement Authoritv's Community Facilities District No. I ¢Ro~]ersdale Area) -- - Exr)ansion of List of Facilities Eiiaible to be Financed -- 3.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF CONSIDERATION TO ALTER THE FACILITIES TO BE FINANCED BY THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) Executive Director Bradley presented the staff report (as per agenda material). For Mr. Sam Pratt, Chairman Ford advised that Agenda Item No. 2 (financing mechanism) has been continued at the request of the applicant and briefly clarified the proposed action. Following Chairman Ford's clarification, Mr. Pratt voiced no objection. City Attorney Thorson advised that by adopting the proposed resolution, the Authority would be setting a public hearing date of February 24, 1998, at which time this matter would be considered for action. Mlnute~.WIA~)l 1 ~ 3 ~ Authority Member Roberts moved to concur with staff recommendation. The motion was seconded by Authority Member Comerchero and voice vote reflected unanimous approval with the exceotion of Authority Member Stone who ~~1~. Executive Director's Re_aort None given. Authority Members' Re0orts None given. Adiournment At 8:42 P.M., the Temecula Westside Improvement Authority meeting was formally adjourned to Tuesday, January 27, 1998, at 7:00 P.M. Steven J. Ford, Chairman ATTEST: Susan W. Jones, CMC Acting City Clerk/Authority Secretary Minutee.WlA~011396 4 MINUTES OF A REGULAR .MEETING OF THE TEMECULA WESTSIDE IMPROVEMENT AUTHORITY JANUARY 27, 1998 A regular meeting of the City of Temecula Westside Improvement Authority was called to order at 9:06 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Ford presiding. PRESENT: 5 AUTHORITY MEMBERS: Comerchero, Lindemans, Roberts, and Ford. ABSENT: I AUTHORITY MEMBERS: Stone. ABSTAIN: 0 AUTHORITY MEMBERS: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. Public Comments A. President Ford thanked Mr. Matthew Fagan for the intermission music. He also informed the audience members that the Police Department won the "Guns and Hoses" Chili Cook-off Competition between the Police and Fire Departments at the Super Bowl Festivities in Old Town. B. City Manager Bradley advised that Authority Member Stone was not feeling well and therefore excused himself from the remainder of the meeting. At this time, the following item was discussed in joint session with the City Council. , Finan¢inq for Westside Area Public Improvements and Openspace Acc!uisition and the Western Bvoass Corddor - - 1.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY 1.2 Open the Public Hearings, accept any wdtten protests, and take any oral testimony, determine that certain land initially included in the boundaries of the Distdct should be removed from the District, that maintenance of open space will not be funded by the District, and whether or not transient occupancy taxes and/or sales taxes adsing from development in the Distdct will be used to offset special taxes levied by the District. Minutes.WlA~012798 1 West$i~ Improvement Authority 1.3 That the Board of Directors adopt a resolution entitled: 01~7~ RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. t (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT 1.4 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUAMFIED ELECTORS OF THE DISTRICT. 1.5 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WlA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING A SPECIAL ELECTION 1.6 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. WlA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 1.7 That the Board of Directors read by title only and introduce an ordinance entitled: ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) Minutes.WlA~012798 2 Westside Improvement Authority 012798 MOTION: Authority Member Lindemans moved to continue Agenda Item Nos. 1.1 through 1.7 to the February 10, 1998, Authority meeting. The motion was seconded by Authority Member Roberts and voice vote of those present reflected unanimous approval (Authority Member Stone absent). At this time, Mayor Roberts recessed the City Council meeting. Executive Director's Report None given. Authority_ Members' Reoorts None given. Adjournment At 9:08 P.M., the Temecula Westside Improvement Authority meeting was formally adjourned to Tuesday, February 10, 1998, at 7:00 P.M. Steven J. Ford, Chairman ATTEST: Susan W. Jones, CMC Acting City Clerk/Authority Secretary Minutes.WlA\012798 3 JOINT MEETING CITY COUNCIL AND WESTSIDE IMPROVEMENT AUTHORITY ITEM 2 CITY ATTORNEY DIR. OF FINANC~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager February 10, 1998 Financing for Westside Area Public Improvements and Open-Space Acquisition, and the Western Bypass Corridor RECOMMENDATION: That the City Council adopt the resolution described below. RESOLUTION NO. 98-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTSIDE IMPROVEMENT AUTHORITY BACKGROUND: The California Government Code requires that, prior to the formation by a public agency of any community facilities district that will finance improvements to be owned and operated by another public agency, the public agencies enter into a joint community facilities agreement or a joint exercise of powers agreement. The Westside Improvement Authority (the "Authority") has undertaken proceedings to form the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "CFD"), and it is proposed that the CFD finance various public improvements to be owned and operated by the City, all as specified in a proposed Joint Community Facilities Agreement between the City and the Authority. The form of the agreement is on file with the City Clerk, and City Staff recommends that the City Council approve the agreement and that it be executed and delivered by the City Manager, so that the Authority can proceed with the formation of the CFD. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. R: INOR TONL IA GENDA SI CFDA GNDA IJ3445.A GN Neither the' City nor the Redevelopment Agency will have any responsibility for the payment of debt service on any bonds issued by the Westside Improvement Authority. Attachments: Resolution No. 98- Joint Community Facilities Agreement R: iNOR TONL IA GENDA $1 CFDA GNDA IJ3445.A GN RESOLUTION NO. A RESOLUTION OF TIlE CITY COUNCIL OF TIIE CITY OF TEMECUI~ APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT WITH THE WESTS~E IMPROVEMENT AUTHORITY WFflERFAS, the Westside Improvement AuthoriF (the "Authority") intends to form the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District") in order to finance certain public improvements in the Westside area of the City of Temecula (the "City"), open space acquisitions and to finance a portion of the costs of the Western Bypass, and some of the public improvements to be ~ will be owned and/or operated, when completed, by the City (the "Public Improvements"); and W71EREAS, in order to enable the District to finance the Public Improvements, Section 53316.2 of the California Government Code requires that the City and the Authority enter into a joint community facilities agreement with respect to the Public Improvements prior to the formation of the District; and ~AS, a form of joint community facilities agreement, by and between the City and the Authority (the "Agreement") has been filed with the City Clerk and the City Council now desires to approve the Agreement and direct its execution and delivery. NOW, ~FORE, BE IT RESOL~ by the City Council of the City of Temecula as follows: A. Approval of Agreement. The City Council hereby approves the Agreement, in the form on file with the City Clerk, and hereby authorizes and directs the City Manager to execute and deliver the Agreement in such form together with any changes therein deemed advisable by the City Manager upon consultation with the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Agreement. The City Council hereby declares that the Agreement will be beneficial to the residents of the City. B. Official Actions. The City Manager, Finance Director, Director of Public Works, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the Agreement or the formation of the District, including but not limited to the execution and delivery of any and all certificates, documents and other insmanents which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this resolution. R : IIVO R TO l~ L4 GEI~ /k~ % CFD A GIgD A ~tE80. 2 PAK_~, APPROVED AND ADOPrg~, by the City Council of the City of Temecula, at a regular meeting held on the 13th day of January, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, Acting City Clerk R:~NORTOI~.,tAG£NDASlCFDAGNDA~R£$0.2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, Acting City Clerk of the City of Temeeula, HEREBY DO CERTIFY that the foregoing Resolution No. 98-.~ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of February, 1998, by the following roll call vote: AYNS: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones Acting City Clerk R : hVOR TONL k4 GE~VD A51CFD A GND A ~RE$0. 2 JOINT COMMUNITY FACILITIES AGREEMENT WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 ~OC.~~,~T~ AREA) This Joint Community Facilities Agreement (the "Agreement"), dated as of February 10, 1998, is by and between the Westside Improvement Authority (the "Authority") and the City of Temecula (the "Participating Agency"). WITNESSETH: WI~EREAS, the Authority has undertaken proceedings to form th~ Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "CFD"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), being Chapter 2.5 of Part I of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, and to issue bonds of the Authority for the CFD (the "Bonds") under the Act in order to finance various public improvements necessitated by the development of the Westside Area of the City of Temecula and otherwise to finance a portion of the costs of the Western Bypass and open space acquisitions (collectively, the "Project"); and WltI:REAS, the Project includes the construction of the public improvements described in Exhibit A hereto (the "Improvements"), which Exhibit is, by this reference, incorporated herein; and WHI~EAS, the parties hereto desire that the Participating Agency own and operate the Improvements upon their completion if they comply with the standards and are completed to the satisfaction of the Participating Agency; and WItEREAS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with the Participating Agency, prior to the adoption by the Authority of the Resolution of Formation of the CFD, in respect of the Improvements which Improvements are to be financed, in part, with the proceeds of the Bonds, and, upon completion, are to be owned and operated by the Participating Agency; and WltlgREAS the Authority and the Participating Agency now desire to enter into this Agreement to satisfy the requirements of Section 53316.2 of the Act and to memorialize their understanding with respect to the proceeds of the Bonds and the Improvements, all as more particularly set forth below. NOW, T~v:IOgFORE, in consideration of the foregoing and mutual covenants set forth below, the parties hereto do hereby agree as follows: Section 1. Reservation of Bond Funds. The Authority will reserve a portion of the proceeds of the Bonds in an amount necessary to finance the costs incurred in connection with the acquisition and construction of the Improvements which are not being funded from other sources, as determined by the Public Works Director of the Participating Agency. Said amount, together R : INOR TOl~ IA (~£ND A~% CFD A C~N'D A t13441.A (~N with any investment earnings thereon, shall be held in the Improvement Fund established for the CFD (the 'Improvement Fund") for the sole and exclusive benefit of the CFD, and such amount shall in no way be pledged as security for the Bonds. Other than the funds described in the preceding paragraph, the Authority shall have no obligation to pay for any of the costs of the Improvements, including but not limited to any costs of planning, acquisition, construction, installation or inspection of the Improvements. Section 2. Construction of Improvements. The Authority shall cause the Improvements to be constructed pursuant to plans and specifications approved by the Participating Agency. All construction shall be done by independent contractors, and neither the Participating Agency nor the Authority shall have any liability whatsoever in respect of any work performed in connection therewith; provided that this sentence shall in no way limit any rights the Participating Agency may have against any persons or entities other than the Authority in respect of the acquisition or construction of the Improvements. Section 3. I _nspection and Acceptance: Use of Bond Funds. The Participating Agency shall cause i~tions to be made during the construction of the Improvements in accordance with its customary procedures for construction projects of a similar nature. Upon completion of such construction to the satisfaction of the Participating Agency, the Participating Agency shall accept dedication of the Improvements in accordance with its customary procedures, and shall accept ownership, and responsibility of operation, of the Improvements. The Participating Agency shall have no responsibility with respect to the ownership or operation of the Improvements unless and until construction has been completed to the satisfaction of the Participating Agency. The Authority shall have no obligation to at any time own or operate any of the Improvements. Following the acceptance by the Participating Agency of the Improvements, the Authority shall disburse the proceeds of the Bonds described in Section 1 above to pay or reimburse payment of the costs thereof. Notwithstanding the preceding sentence, the Authority may disburse such amounts to pay costs of construction of the Improvements prior to completion of all of the Improvements, if it determines that such disbursement is permissible under the Act and will reduce the overall costs of construction of the Improvements. Section 4. Limited Obligations. All obligations of the Authority under and pursuant to this Agreement shall be limited to the amounts on deposit in the Improvement Fund and identified in Section 1 above. No Boardmember, officer or employee of the Authority shall in any event be personally liable hereunder. ~ The sole obligation of the Participating Agency hereunder shall be to inspect and accept the Improvements as described in Section 3 above. The Participating Agency shall have no responsibility or obligation with respect to the Improvements for any action occurring prior to their acceptarr~ by the Participating Agency. If the Participating Agency shall fail to perform any of its obligations hereunder, the sole remedy of the Authority shall be the commencement of an action in the Superior Court for specific performance by the Participating Agency of such obligations. R : INOR FO 3IL IA ~ A~I EIeD A GND A tI$ 441.A GN Section 5. Termination. Notwithstanding any other provision of this Agreement, this Agrecrnent shall cease to be effective and shall terminate if the Bonds are not issued by December 31, 1998. If not earlier terminated pursuant to the preceding sentence, this Agreement shall terminate upon acceptance of the ownership and operation of the Improvements by the Participating Agency, and disbursement from the Improvement Fund of the amount described in Section 1 above by the Authority to pay or reimburse a portion of the total costs of the Improvements. Section 6. No Obli~stion to Form CFD: A~reement of Benefit to Residents. The provisions of this Agreement shall in no way obligate the Authority to form the CFD. Notwithstanding the foregoing, by their respective approvals of this Agreement, the Authority and the Participating Agency have each declared and hereby confirm that this Agreement is beneficial to the residents of the City in assuring the provision of financing for a portion of the costs of the Improvements in furtherance of the purposes of the Act. Section 7. Partial Invalidity_. If any part of this Agreement is held to be illegal or unenforceable by a court of count jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement is for the sole benefit of the Authority and the Participating Agency and their successors and assigns, and no other person or entity shall be deemed to be a beneficiary hereof or have an interest herein. Section 9. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WI~!~EOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature below. R : tN O R T O NL ~ 4 GF.~ A,S ~ CY'D A C, l~ A t I $ 441.A CnY Date of Execution: February 10, 1998 CITY OF TEMECULA (the "Participating Agency") By: Ronald E. Bradley, City Manager ATTEST: Susan W. Jones Acting City Clerk Date of Execution: February 10, 1998 WESTSIDE IMPROVEMENT AUTHORITY (the "Authority") By: Ronald E. Bradley, Executive Director ATTEST: Susan W. Jones, Acting City Clerk Acting Secretary Peter Thorson, City Attorney R : LN OR T O NL bt GF. ND A81CFD A GND A ~.I 3 441.A G!~ EXI:fmlT A IMPROVEMENTS TO BE OWNED BY THE CITY OF TEMECULA R : UVOR TO NL ~4 0END A~ ~ CFD A OND A ~J3 441.A O~V PART I DESCRIPION OF FACILITIES AND SERVICES TO BE FINANCED BY THE DISTRICT WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO.1 (ROGERSDALE AREA) FACILITIES The planned public improvements include the following: acquisition of open space, acquisition and/or construction of the Western By-Pass corridor, portions of Vincent Moraga Drive, portions of Ridge Park Drive, and portions of First Street. The improvements shall include all related clearing and grubbing, grading and appurtenances, and any removals or temporary signage or markings related thereto. All improvements may include any rights-of-way acquisition, intersection improvements, widening, paving and/or re-paving, striping and/or re-striping, pedestrian sidewalks, acquisition, construction, locating and/or relocating of utilities (including but not limited to, water, sewer, storm drains and other utilities), landscaping, lighting, or other related improvements or appurtenances located within the rights-of-way. The planned public improvements include the acquisition and/or construction of parking facilities, including land acquisition, easement acquisition, entitlement acquisition, grading, site fencing, street improvements (including any rights-of-way acquisition, intersection improvements, widening, paving and/or re-paving, striping and/or re-striping, pedestrian sidewalks, locating and/or relocating utilities, or other related improvements or appurtenances located within the rights-of-way), storm drains (including trenching, inlets, outlets, channels, structures, manholes, heMwalls, junctions, transitions, bedding, culverts, and appurtenances), landscaping improvements, site concrete, iron works, gas line repair, curbing, gutters, sidewalks, striping, traffic signals, street lights, light fixtures, and site electrical, all.within or in the vicinity of the District. The facilities shall include all costs of engineering, design, fees, permits, bonds, supervision, planning, construction staking, materials testing and coordination incident thereto. The' facilities shall include la6d acquisition related to any public improvement, and other land acquisition for public purposes (including but not limited to open space and land for future public improvements). SERVICES The maintenance of open space within or in the vicinity of the District. OTHER Bond related expenses, including underwriters discount, financial advisor, appraisals, reserve fund, capitalized interest, bond counsel, underwriter's counsel, special tax consultant, bond and official statement printing and all other incidental expenses. :\ TXold town\TReport.doc 3 January 2, 1998 PART II COST ESTIMATE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO.1 (ROGERSDALE AREA) The estimate of the fair and reasonable cost of financing the proposed facilities, including the cost of acquisition of lands, rights-of-way and easements, and any physical facilities required in conjunction therewith, and incidental expenses in connection with said financing, including the cost of proposed bond financing and all other related costs as provided in Section 53345.3 of the Act are as follows: COST ESTIMATE ACQUISITION AND/OR CONSTRUCTION Open Space Western By-Pass comdor Portions of Vincent Moraga Drive Portions of Ridge Park Drive Portions of First Street Public Parking Total Acquisition and Construction $ 5,800,000 8,800,000 2,000,000 500,000 1,000,000 1,300,000 $19,400,000 INCIDENTALS (including Engineering, Design, Fees, Permits, Bonds, Supervision, Planning, Construction Staking, Materials Testing and Coordination. Total Incidentals $ 2,;700,000 OTHER City Administrative Costs Bond underwriting and Registration Special Tax Consultation Fees Legal Fees, including Bond Counsel Trtrstee, Appraisal and Registration Bond Reserve Fund Capitalized Interest Total Other $ 50,000 600,000 20,000 300,000 30,000 2,000,000 4,000,000 $ 7,000,000 CONTINGENCY $ 900,000 TOTAL BOND AMOUNT $ 30.000.000 , :\ ~old town\TReport.doc 4 February 3, 1998 PART III PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO.I (ROGERSDALE AREA) DESCRIPTION OF DISTRICT The proposed District is generally located west of Interstate 15, and south of Rancho California Road, in the City of Temecula, County of Riverside, State of California. ASSESSOR'S PARCEL NUMBERSOF LAND WITHIN THE DISTRICT: Assessor's Parcel Number Acreage 940-310-013 27.47 940-310-015 19.67 940-310-016 21.03 940-310-029 3.05 940-310-044 0.88 940-310-045 6.26 940-310-046 4.30 940-310-047 6.29 940-310-048 3.31 940-320~001 20.40 940-320~002 20.33 940-320-003 18.81 940-320-004 19.61 940-320-005 19.64 940-320-006 5.18 940-320-007 12.72 Total Acreage 208.95 OWNER OF RECORD* OF ALL PARCELS John F. Firestone 10392 Ladera Senda Santa Ana, California 92705 * By Reference to Riverside County Assessor's records :5 Txold town\TReport.doc 5 February 3, 1998 I PROPOSED BOUNDARY MAP- WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE BOUNDARIES OF THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. (ROGERSDALE AREA), COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE BOARD OF DIRECTC~9 OF THE WESTSJOE IMPROVEMENT AUTHORITY, AT A MEETING THEREOF, HELD ON THE 9THDAY OF DE~R BY ITS RESOLUTION NO. SECRETARY ZOl~ FILED IN THE OFfiCE OF THE SECRETARY OF WESTSlOE IMPROVEMENT AUTHORITY. THIS 9TH DAY OF DECEMBER 199L SECRETARY ZONE: FILED THIS DAY OF 1998 AT THE HOUR OF ~O'CLOCK .M., IN BOOK__OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICT, PAGE IN TH£ OFFICE OF THE COUNTY RECORDCR, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. COUNTY RECORDER, COUNTY OF RIVERSIDE ASSESSOR PARCEL NUMI)ERS: 940-.310-013 940-310-044 940-310-04.5 940-310-046 940-310-047 940-310-048 940-310-029 940-.310-015 940-.310-016 940-.320-001 940-320-002 940-320-005 940-.320-004 940-.320-005 940-520-006 940-520-007 REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS CITY ATTORNEY DIR. OF FINANCE CITY MANAGER WESTSIDE IMPROVEMENT AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Authority Board of Directors Ronald E. Bradley, Executive Director February 10, 1998 Financing for Westside Area Public Improvements and Open-Space Acquisition, and the Western Bypass Corridor RECOMMENDATION: That the Board of Directors conduct concurrent public hearings on (i) the formation of the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District") and the levy of special taxes therein, and (ii) the issuance of bonded indebtedness of the Authority for the District. The Board of Directors should: (a) open the continued public hearings, (b) accept any written protests and take any oral testimony, (c) determine that maintenance of open space will not be funded by the District, (d) close the public hearings, (e) adopt the resolutions described as 1, 2 and 3 below, (f) hold the election called pursuant to the resolution listed as 3 below, (g) adopt a resolution declaring the results of the election, and (h) have the first reading of the ordinance described below. The Resolutions proposed for adoption and the ordinance proposed for a first reading are as follows: 1. Adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF FORMATION OF WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT R: INOR TONL IA GENDA St CFDA GNDA iJ3448.A ON 2. Adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT . Adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY CALLING SPECIAL ELECTION . Adopt a resolution entitled: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN 5. Have the first reading of an ordinance entitled: ORDINANCE NO. WIA 98- AN ORDINANCE' OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) BACKGROUND: The Authority was created pursuant to a joint exercise of powers agreement between the City and the Redevelopment Agency to assist in the financing of: (a) public improvements in the Westside area of the City, (b) certain open space acquisitions, and (c) a portion of the costs of the Western Bypass. On December 9, 1997, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District, and provided that the public hearings called pursuant to the resolutions of intention would be held on January 23, 1998. The Secretary of the Authority has published notice of the hearings in accordance with applicable law, and the hearings were opened on January 27th and continued to February 10, 1998. R:iNOR TONL tA GENDA Si CFDA GNDA IJ3446.A GN The Board of Directors will hold the continued public hearings concurrently. At the hearings, the testimony of all interested persons or taxpayers for or against the establishment of the District, the extent of the District, the furnishing of the specified types of facilities to be financed by the District and the issuance of bonds for the District must be heard. Any person interested is authorized to file a protest in writing. As the land proposed to be included in the District is all owned by John Firestone and there are no registered voters residing in the proposed District, only Mr. Firestone has legal standing to formally protest the formation or any particular aspects of the District. A report has been filed by the Director of Public Works of the City with the Authority Secretary, as required by the resolutions of intention, indicating the proposed boundaries of the District, the facilities to be financed by the District and the estimated costs thereof. The land to be included in the District will only include land owned by John Firestone, most of which is expected to be conveyed to or leased by Trigger Entertainment and Sports LLC ("Trigger"). Prior to the close of the public hearings, the Board of Directors should acknowledge that the District will not be used to fund the maintenance of any open space acquired with District funds. It is expected that Trigger will fund an endowment for the maintenance of the open space, so that the cost of maintenance need not be included in the taxing powers of the District. Following the closing of the public hearings, Trigger has requested that the Authority take the actions necessary to officially form the District, to authorize the levy of special taxes in the District and to authorize the incurrence of bonded indebtedness by the District. Staff recommends that the Authority adopt resolutions of formation and of necessity to incur bonded indebtedness, and calling a special election of the landowner in the District. A ballot for the election has already been delivered to the eligible landowner voter, and is expected to have been returned to the City Clerk, acting as Secretary of the Authority, prior to February 10th. By law, the landowner is given one vote for each acre of land or portion thereof that he owns within the boundaries of the District. As stated above, the only eligible voter is John Firestone, as the owner of all of the land within the boundaries of the District, as such boundaries are indicated on the amended boundary map for the District on file with the Authority Secretary. The City Clerk, as Secretary to the Authority, will be requested to canvass the election immediately after adoption of the resolution calling the election. If two thirds or more of the votes cast are in favor of the District, the Authority is then requested to adopt a resolution declaring the results of the election and providing for the recording of a notice of special tax lien with the County Recorder. The notice provides all future property owners with knowledge of the existence of the Authority's special taxing powers. The Authority is then requested to have the first reading of an ordinance levying special taxes. R:INOR TONL IA GENDA SI CFDA GNDA IJ3446.A GN The ordinance permits special taxes to be levied only on property located in the District. It is expected that special taxes will be levied to pay debt service on bonds proposed to be issued for the District. Staff expects that a resolution authorizing the issuance of the bonds and approving the related legal documents will be presented to the Authority only after Trigger confirms the validity of the project and is ready to proceed to obtain the private funds needed for the project. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. Neither the City nor the Redevelopment Agency will have any responsibility for the payment of debt service on any bonds issued by the Westside Improvement Authority. Attachments: Resolutions (4) Ordinance Notice of Special Tax Lien R:INORTONI IA G£NDA$1CFDA GNDA IJ3446.A GN RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WE~SIDE IMPROVEMENT AIYrlIORITY OF FORMATION OF WESTSIDE IMI~OVEMENT AUTHORITY COMMUNITY FACHJTIES DISTRICT NO. I (RogersDale Area), AUTHORIZING THE I.EVY OF A SPECIAL TAX WITHIN ~ DISTRICT AND PRELIMINAIHLY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMJ'I-rLNG LEVY OF ~ SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMrr T~~ QUALn,'!~:!~ EI.ECTORS OF THE DISTRICT WHEREAS, on December 9, 1997, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Intention to Establish a Community Facilities DiStrict and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention"), stating its intention to form the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and wm~EAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the facilities and services to be provided, the estimated maximum cost of providing such facilities and services, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the Secretary and the provisions thereof are incorporated herein by this reference ~as if fully ~t forth herein; and WHEREAS, on this date, this Board of Directors held a public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WI~~AS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Board of Directors on said matters before it, including a report by the Director of Public Works of the City of Temecula (the "Report") as to the facilities to be provided through the District and the costs thereof, a copy of which is on file with the Secretary, and this Board of Directors at the conclusion of said hearing is fully advised in the premises; and WHEREAS, Board of Directors determined at the public hearing that no services are intended to be funded by the District; and R:~tORTONL~AGF. NDA$~CFDA~A~£$O.$ WF!~'~FAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (~h) or more of the area of land within the District and not exempt from the special tax; and wm~R&S, the special tax proposed to be levied in the District to pay for the proposed facilities to be provided therein, as set forth in Exhibit A hereto, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (%) or more of the area of land within the District and not exempt from the special tax; and wm~&S, at the conclusion of the public hearing, it was determined that the territory to be included in the District be revised to be as reflected in the Revised Map, and the Rate and Method of Apportionment be revised to be as reflected in Exhibit A hereto, copies of which Revised Map and Exhibit have been provided to the representatives of the landowner in the District. NOW, Tm~.~FO~, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. Section 3. All prior proceedings taken by this Board of Directors in connection with the establishn~nt of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. On December 9, 1997, this Board of Directors adopted Local Goals and Policies for Community Facilities Districts, and this Board of Directors hereby finds and determines that the District is in conformity with said goals and policies. Section 4. The community facilities district designated "Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area)" is hereby established pursuant to the Act. Section 5. The boundaries of the District are as set forth in the Map of the District heretofore recorded in the Riverside County Recorder's Office in Book 42 at Page 63 of Maps of Assessment and Community Facilities Districts, which map is hereby approved, is incorporated herein by reference and shall be the boundaries of the District. Section 6. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A to the Resolution of Intention and by this reference incorporated herein (the "Facilities"). No services will be funded by the District. R : ~IOR TONL ~A (~EI~ A~I CFD A C~D A Section 7. Except to the extent that funds arc otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to fm_ance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit A attached hereto and by this reference incorporated herein. Section 8. It is hereby found and determined that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District. Section 9. The Director of Finance of the City of Temecula, 43200 Business Park Drive, Temecula, California 92590, telephone number (909) 694-6430 is the officer which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. Section 10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the Authority ceases. Section 11. In accordance with Section 53325.7 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $10,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. Section 12. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Board of Directors. Section 13. This Resolution shall take effect upon its adoption. R : INOR TONL IA GEND A~I CFD A CrND A IRESO. $ PASSED, APPROVED AND ADOPT!~I~, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 10th day of February, 1998. Steven J. Ford, Chairperson ATTEST: Susan W. Jones, Acting City Clerk Authority Secretary RANORTOI~A(~ENDA~CFDA(~NDA~RE$O.$ STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA SS I, Susan W. Jones, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 98-~ was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 10th day of February 1998, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, Acting City Clerk Authority Secretary R : WORTONIAA (~E2~D A$~ CFDA (~NDA ~RE~O. $ EXH/BIT A WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO.1 (ROGERSDALE AREA) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A special tax shall be levied on each Parcel of land within the Westside Improvement Authority Commumty Facilities District No. 1 (RogersDale Area) (the "District"), and collected according to the Special Tax Liability determined by the Treasurer of the Authority (the "Treasurer") through the application of the following pwcedures. All of the property within the District, unless otherwise exempted by the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and.procedures, sale and lien priority m case of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto m any Fiscal Agent Agreement for any Bonds of the Authority for the District. Notwithstanding the foregoing, the Authority may collect the special taxes 'at such other times or in such other manner as necessary or convenient to satisfy the obligations of the District. MAXIMUM SPECIAL TAX The maximum special tax that may be levied commencing with the Fiscal Year ending June 30, 1998 and for each following Fiscal Year on any Parcel shall not exceed the sum of: plus (i) (it) The m .aximum building special tax rate of $9.00 per building square foot, multiplied by the sum of the Building Floor Area for all buildings on the Parcel; The maximum land special tax rate of $3.00 per land square foot, multiplied by the Land Area of the Parcel. The special tax shall be levied annually. A Parcel shall be subject to the maximum special tax for not more than 40 years. In no event shall the maximum special tax on any Parcel used for private residential purposes exceed any limitation imposed under Section 53321 of the California Government Code. ASSIGNMENT TO CATEGORIES; LEVY ANNUAL TAX CATEGORIES: On or about July 1 of each year, but in any event in sufficient time to include the levy of the special tax on the County's secured tax roll, the Treasurer shall determine for each Parcel within the District, whether or not such Parcel is Taxable Property. Parcels subject to levy shall be determined based upon the records of the County Assessor as of the January 1 preceding such July 1 and on the status of the buildings in the District as of the March 1 preceding such July I. LEVY: The Treasurer shall then determine the estimated aggregate Special Tax Liability for the Fiscal Year commencing such July l, and levy of each Parcel of Taxable Property as provided below. Stepl:. Determine the Building Floor Area for each Parcel which is Taxable Property, and the total Building Floor Area for all Parcels which are then Taxable Property. Step 2: Calculate the annual building special tax rate by dividing an amount equal to 80% of the Special Tax Liability, _by the total Building Floor Area for all Parcels which are then Taxable Property. Step 3: Multiply the total Building Floor Area for each respective Parcel which is Taxable Property by the lesser of: (i) the annual building special tax rate calculated in Step 2 above; or (ii) the maximum building special tax rate, respectfully, for the Fiscal Year commencing such July 1. Step 4: Detenv~e the Land Area for each Parcel which is Taxable Property and the total Land Area for all Parcels which are then Taxable ProperS. Step 5: Calculate the annual land special tax rate as the lesser of: (i) the Special Tax Liability, less the total amount calculated for all Parcels under step 3 above, divided by the total Land Area for all Parcels which are Taxable Propexty; or (ii) the maximum land special tax rate, respectfully, for the Fiscal Year Commencing such July 1. Step 6: Multiply the Land Area for each Parcel which is Taxable Property, by the annual land special tax rate determined under Step 5, above. · . Step 7: Calculate the sum of the annual building special tax (from Step 3) and the annual land special tax (from Step 6) for each Parcel which is Taxable Property. ._ PREPAYMENTS Special tax prepayments may be made for property subject to the levy of the special taxes. A- particular Parcel may prepay the special tax, provided that all authorized Bonds that are to be issued, have been issued. Any property owner in the District that desires to prepay the annual spec~ial taxes on a particular Parcel shall notify the Treasurer in writing of such intention not less than 90 days prior to an interest payment date for the Bonds and the prepayment must be made not less than 45 days prior to such interest payment. Determination of the total amount needed by the Treasurer shall bc conclusive, absent manifest error. The following must be applied for a prepayment of a particular Parcel. The prepayment amount for a particular Parcel shall be calculated by the Treasurer, follows: ..\CFD !rogersdale Friday, January 02, 1998 A2 1. Compute the special tax for the then current Fiscal Year for such Parcel and the total special tax for the then current Fiscal Year. 2. The prepayment amount is computed by dividing the special tax for the Parcel by the total special tax for all Parcels for the then current Fiscal Year, and multiplying the results by the principal amount of any outstanding Bonds. The result shall be rounded up to the nearest five thousand dollars ($5,000); provided however, that if. the Authority is provided with prepayments of special taxes for more than one Parcel at the same time, then the total prepayments shall be aggregated and the aggregated prepayment amount shall be rounded up to the nearest five thousand dollars ($$,000). 3. The prepayment amount calculated in (2) above for a particular Parcel will be (a) increased in the amount of: (i) applicable redemption premium, if any, on the Bonds; (ii) an amount determined by the Treasurer to offset any difference between the amount needed to pay debt service on the Bonds and the amount derived from the reinvestment of the prepaid special tax pending the redemption of such Bonds; and (iii) amount determined by the Treasurer to pay for the applicable Administrative Expenses to provide such prepayment; and Co) decreased for any reduction in Bond reserves due to the prepayment. The Parcel with respect to which prepayment is made must not be delinquent in any payment of special taxes previously levied within the District. Prepayment shall not relieve any property owner fi~om paying those special taxes which have already become due and payable, and a Notice of Cessation of Special Tax Lien shall not be recorded against any Parcel pursuant to California Government Code Section 53344, until all special taxes with respect to that'Parcel have been paid. - DEFINITIONS Administrative Expenses means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the Authority in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, any fees of the County or the City related to the District or the collection of special taxes, an allocable share of the salaries of the Authority and/or City staff directly related thereto, a proportionate amount of Authority and/or City general administrative overhead related thereto, any amounts paid by the Authority, from its own funds with respect to the District or the Bonds, and all other costs and expenses of the Authority, the City or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement and, in the case of the Authority and the City, in any way related to administration of the District. Bonds means any bonds of the Authority issued for the District under Mello-Roos Community Facilities Act of 1982, as amended, authorized to be issued under the Resolution of Issuance. · .\CFD i rogersdale Friday, January 02, ! 998 A3 Building Floor Area incaris thc arca, by square fcct rounded up to the nearest whole intcgcr;' included within the surrounding exter/or walls of a building, including each floor of a multiple story building, exclusive of vent shafts and courts (defined here as open and unobstructed to the sky). The Building Floor Area will be detertinned by the Treasurer by reference to City or County approved building plans or other such documentation as the Treasurer shall determine applicable. City means the City of Temecula. County means the County of Riverside. Debt Service, for each Fiscal Year, is the total annual principal and interest payable on the Bonds dunng the calendar yc~ which commences in such Fiscal Year, less any capitalized interest and any other amounts remaining in the bond fund held under the Fiscal Agent Agreement as of the end of the previous Fiscal Year available to make such payments. District means the West~ide Improvement Authority Community Facilities District No. 1 (RogersDale Area). Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance, and as it may be amended and/or supplemented from* time to time. Fiscal Year means the period starting on July 1 and ending the following June 30. Land Area means the measure of land area of a Parcel, in square feet of land, rounded up to the nearest whole integer. Parcel means any County Assessor's parcel or portion thereof that is within the boundaries of the District based on the equalized tax rolls of the County. Resolution of Issuance is any Resolution adopted by the Authority authorizingthe issuance of Bonds. - Treasurer is the Treasurer of the Authority, who is also the Finance Director of the City. Special Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for such Fiscal Year, Administrative Expcnscs for such Fiscal Year, an amount necessary, as determined by the Treasurer, to offset projected tax delinquencies that may occur in such Fiscal Year based on prior Fiscal Year delinquencies and to otherwise replenish any reserve fund established for the Bonds, and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent Agreement for the Bonds and any supplements thereto. Taxable Property shall mean all real property within the boundaries of the District which is not otherwise exempt from the special tax pursuant to law, except that the following property shall ..\CFD Imgcrsdaic Friday, January 02, 1998 A4 not be taxed: any acres of land (up to an aggregate of the first 20.0 acres first so designated by the Treasurer) which is a public right of way or which is an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement, or which is owned by a government entity or agency. Taxable Property includes Parcels owned by a public agency if the public agency has granted a leasehold or possessory interest thereto to a non-exempt person or entity. ..\CFD lrogersdale Friday, January 02, 1998 RESOLIYFION NO. WIA 95- A RESOLUTION OF ~ BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS ~ ~ WESTSIDE IMPROVEMENT AUTHORrFY COMMUNITY FACH. ITIES DISTRICT NO. 1 (ROGERSDALE AREA) AND SUBMITFING PROPOSITION TO ~ QUALIFIED EI.ECTORS OF THE DISTRICT WHEREAS, on December 9, 1997, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention") stating its intention to form the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WI:IF~REAS, on December 9, 1997, this Board of Directors also adopted a resolution entitled "A Resolution of Board of Directors of the Westside Improvement Authority of Intention to Incur Bonded Indebtedness of the Proposed Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area)Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur, Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention; and WHEREAS, on this date, this Board of Directors held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District, the provision of facilities and services by the District and the rate and method of apportionment of the special tax to be levied within the District to pay the costs of the services, the facilities and the principal and interest on the proposed indebtedness and the administrative costs of the City relative to the District; and WI:!I~AS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of said facilities (the "Facilities") and services and the levy of the special tax on property within the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing, the Board of Directors determined to eliminate the funding of services by the District; and WltEREAS, subsequent to said hearing, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Formation of Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"); and R:~YORTONLtAG~VDAS~CFDAGI~DA~_.80.4 WI~REAS, on this date, this Board of Directors held the rescheduled public hearing relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and wm~RRAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW, TI~REFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. This Board of Directors deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $30,000,000 within the boundaries of the District. Section 3. The indebtedness is incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Intention and the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the costs of the Authority in establishing and administering the District. Section 4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit "A" to the Resolution of Formation. Section 5. The maximum amount of bonded indebtedness to be incurred is $30,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 6. The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semi-annually or in such other manner as this Board of Directors or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board of Directors or its designee at the time or times of sale of said bonds. Section 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5 of the Act. The time, place and conditions of said election shall be as specified by separate resolution of this Board of Directors. Section 8. This Resolution shall take effect upon its adoption. R : hV OR TO NLtA C~E ND A~ ~ CFD A CnVD A ~tE~0. 4 PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 10th day of February, 1998. Steven J. Ford, Chairperson ATTEST: Susan W. Jones, Acting City Clerk Authority Secretary R:~VORTONIAAGENDA~ICFDAGNDA ~RE$0. 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 98- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 10th day of February, 1998, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, Acting City Clerk Authority Secretary R:~¥ORTONLbtGF, lV'DA,glCleDAGNDA~RE.$0.4 RESOLUTION NO. WIA A RESOLUTION OF ~ BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHO~ CALLING SPECIAL ELECTION WHEREAS, on this date, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Formation of Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), ordering the formation of Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, this Board of Directors also adopted a resolution entitled "A Resolution the Board of Directors of the Westside Improvement Authority Determining the Necessity to Incur Bonded Indebtedness Within The Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area)" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $30,000,000 upon the security of said special tax to be levied within the District; and WHF~REAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"). NOW, THF. REFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of ballot is hereby approved. Section 3. This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board of Directors for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Board of Directors finds that for purposes of these proceedings the qualified electors are the landowners R : hVOR TONL bI GEND A$1CY'D A GblD A tRE$0.1 within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. Section 4. This Board of Directors hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the Temecula City Council Chambers immediately following adoption of this Resolution. The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file the Resolution of Formation, a certified map of the revised boundaries of the District, and a sufficient description to allow the Secretary to determine the boundaries of the District. The voted ballots shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when all of the qualified voters have voted the election shall be closed. Section 5. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to Section 4000 of the California Elections Code. This Board of Directors hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are applicable to this special election. Section 6. This Board of Directors acknowledges that the Secretary has caused to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit "A" hereto. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the rerum postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entified to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. Section 7. The Secretary shall accept the ballots of the qualified electors in the Temecula City Council Chambers upon and prior to the adoption of this Resolution, whether said ballots be personally delivered or received by mail. The Secretary shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 8. This Board of Directors hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District. There is on file with the Secretary a written petition executed by all of the qualified electors of the District requesting a shortening of the time for said special election to expedite the R : INOR T O NL IA G E 3tD A$112FD A GND A IRE$O. 1 process of formation of the District and waiving any requirement for analysis and arguments in connection with the election. Accordingly, this Board of Directors finds and determines that said qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Board of Directors also finds and determines that the Secretary has concurred in the shortened time for the election. Section 9. The Secretary is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. Section 10. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 10th day of February, 1998. Steven J. Ford, Chairperson ATTEST: Susan W. Jones, Acting City Clerk Authority Secretary R : tN OR T O NL ~ 4 (~F~D A$ % CFD A C,4~ A ~O,E.~0.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 98- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 10th day of February, 1998, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, Acting City Clerk Authority Secretary R : I NOR TO IqL L4 C,~ ND A~ CFD A (~ND A IRE$ O. 1 ExmRIT A WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGF, RSD,~LE AREA) OFFICIAL BALLOT SPECIAL TAX ELECTION (February 10, 1998) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to tie office of the Secretary of the Westside Improvement Authority no later than immediately after adoption of the resolution of the Board of Directors ~11ing said election on February 10, 1998, either by mail or in person. The Secretary's office is located at 43200 Business Park Drive, Temecula, California 92590. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Westside Improvement Authority and obtain another. BALLOT MEASURE: Shall the Westside Improvement Authority incur an indebtedness and issue bonds in the maximum aggregate primipal amount of $30,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), the proceeds of which will be used to timme certain public improvements described in the proceedings to form the District; shall a special tax payable solely from ~ within the District be levied annually upon lands within the District to pay for the costs of facih'ties authorized to be rimmed by the District, and the principal and interest upon such bonds and the costs of the City of Temecula and the Authority in administering the District, and shall the annual appropriations limit of the District be established in the amount of $10,000,0007. Yes: No: By execution in the space provided below, you also (a) certify that you are ~ fee title owner (or the duly authorized represermfive of the fee title owner) of the Riverside County Assessors Parcels indicated below, Co) indicate your waiver of ~ time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Govervanent Code, and (c) acknowledge that there will be no services funded by the District, and that the boutaries of the District will include only that territory set forth on the revised boundary map for the District, a copy of which has been furnished to you. Number of Votes: 209 County Assessor's Parris Owned by Property Owmr: 940-310-013; 940-310-015; 940-310-016; 940-310-029; 940-310-044; 940-310-045; 940-310-046; 940-310-047; 940-310-048; 940-320-001; 940-320-002; 940-320-003; 940-320-004; 940-320-005; 940-320-0~; By: John F. Firestom R : hVOR T O bl7., b 4 GF. ND A,g lCY D A GND A RESOLUTION NO. WIA 98- A RESOLIYFION OF ~ BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY DECLARING RESULTS OF SPECIAL EI.F. CTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN ~~&S, in proceedings heretofore conducted by this Board of Directors pursuant to Chapter 2.5 of Part I of Division 2 of Tifie 5, commencing with Section 53311, of the California Govemment Code (the ~Act~), this Board of Directors on this date adopted a resolution entified "A Resolution of the Board of Directors of the Westside Improvement Authority Calling Special Election~, calling for a special election of the qualified electors within the Westside Improvement Authority Community Facilities District No. I (RogersDale Area) (the "District"); and WHF~AS, pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, and the Secretary has on file a Canvass and Statement of Results of Election, ~a copy of which is attached hereto as Exhibit "A"; and WtlF, REAS, this Board of Directors has reviewed said canvass and hereby approves it. NOW, TI:!F~REFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $30,000,000, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment heretofore approved by this Board of Directors by its resolution adopted this date entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Formation of Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area), Authorizing Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District~, and the approval of an annual appropriations limit of not to exceed $10,000,000 pursuant to said resolution. Section 2. Pursuant to said Canvass on file with the Secretary, the issues presented at said special election were approved by the qualified electors of the District by more than two-thirds of the votes cast at said special election. Section 3. Pursuant to said voter approval, the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Act. Section 4. It is hereby found that all prior proceedings and actions taken by this Board of Directors with respect to the District were valid and in conformity with the Act. R : ~I ORT ONL ~4 tY~VD A~ CFD A C.-ND A ~. $ Section 5. The Secretary is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen days following adoption by the Board of Directors of this Resolution. Section 6. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 10th day of February, 1998. Steven J. Ford, Chairperson ATTEST: Susan W. Jones, Acting City Clerk Authority Secretary R : ~I ORT O NL ~A C, END A~ CFD A (~ID A ~.,~O. $ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WlA 98- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 10th day of February, 1998, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, Acting City Clerk Authority Secretary R : ~ ORT O ~L ~ 4 G~ID A~ CFD A GND A ~F.~O. $ EXHIBIT A CANVASS AND STATEMENT OF RES~ULT OF EL F. CTION WESTSIDE IMPROVEMENT AUTHORITY Community Facilities District No. 1 (RogersDale Area) I hereby certify that on February 10, 1998, I canvassed the returns of the election held on February 10, 1998, in the Westside Improvernem Authority Community Facilities District No. 1 (RogersDale Area) and the total number of ballots cast in said District and the total number of votes east for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) Special Tax Election, February 10, 1998. Qualified Votes Landowner Cast Votes YES NO B,4TIDTMEASURE: Shall the Westside Improvement Authority incur an indebtedness and issue bonds in the maximum aggregate principal amount of $30,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Westside Improvement Authority Community Facil'ffies District No. 1 (RogersDale Area) (the "District"), the proceeds of which will be used to finance certain public improvements described in the proceedings to form the District; shall a special tax payable solely from lands within the Distrk~ be levied annually upon lands within the District to pay for the cost of facilities authorized to be financed by the District, and the principal and interest upon such bonds and the costs of the City of Temecula and the Authority in administering the District, and shall the annual appropriations limit of the District be established in the amount of $10,000,0007 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 10th day of February, 1998. Susan W. Jones, Acting City Clerk/Secretary Westside Improvement Authority R:UVOfi~'OI~.~AO~gDA~CFDA~IfDA~P~$O.$ ORDINANCE NO. WIA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY L~.VYING SPECIAL TAXES WiTfinN ~ WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDAL~ AREA) Wm~REAS, on December 9, 1997, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention") stating its intention to establish the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"), to finance certain facilities and services (the "Facilities" and the "Services," respectively); WF!!~,EAS, notice was published as required by the Act relative to the intention of this Board of Directors to form the District and to provide for the Facilities and Services; ~S, this Board of Directors has held a noticed public hearing as required by Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to finance a portion of the costs of the Facilities and Services; WI~:R~AS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, a community facilities district report was presented and considered by this Board of Directors and a full and fair hearing was held; WI:!~AS, subsequent to said hearing, this Board of Directors eliminated the funding of the Services and some of the territory from the District; ~, also subsequent to said hearing, this Board of Directors adopted resolutions entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Formation of Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), "A Resolution the Board of Directors of the Westside Improvement Authority Determining the Necessity to Incur Bonded Indebtedness Within the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area)" and "A Resolution the Board of Directors of the Westside Improvement Authority Calling Special Election", which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and R : IN O R T O NL M GF. ND AS l GFD A G ND A I O RD. WHEREAS, an election was held within the District in which the eligible landowner electors approved said propositions by more than the two-thirds vote required by the Act. NOW, THE~FO~, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. By the passage of this Ordinance this Board of Directors hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rates and in accordance with the method of apportionment set forth in Exhibit A to the Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes are hereby levied commencing in fiscal year 1998-99 and in each fiscal year thereafter until payment in full of any bonds of the Authority issued for the District (the "Bonds"), payment of all costs of the Facilities to he paid with such funds, and payment of all costs administering the District. Section 2. The Finance Director of the City of Temecula is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Rate and Method of Apportionment. Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes he levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method of Apportionment. Section 4. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method of Apportionment, and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the reserve fund for the Bonds, the payment of the costs of the Facilities, the payment of the costs of the Authority in administering the District and the costs of collecting and administering the special tax. Section $. The special taxes shall he collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The City Finance Director is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District. R : ~I O R T O NL ~A G END A$ ~ CFD A GI~ID A ~ ORD. Notwithstanding the foregoing, the Finance Director of the City may collect one or more installments of the special taxes by means of direct billing by the Authority of the property owners within the District, if, in the judgment of the Finance Director, such means of collection will reduce the administrative burden on the Authority in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners. Whether the special taxes are levied in the manner provided in the first or the second preceding paragraph, the special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. Section 7. The Chairperson shall sign this Ordinance and the Secretary shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City of Temecula. PASSED, APPROVED AND ADOP'rF_D, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 10th day of February, 1998. ATTEST: Steven J. Ford, Chairperson Susan W. Jones, Acting City Clerk Authority Secretary [SEAL] R : INOR T O lVI, IA GF.19D A$ % CFD A GIgD A I O RD. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, DO HEREBY CERTIFY that the foregoing Ordinance No. ~ was duly introduced and placed upon its first reading at a regular meeting of the Westside Improvement Authority on the 10th day of February, 1998, 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 10th day of February, 1998 by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, Acting City Clerk Authority Secretary R:~YORTONLIAGENDA~CFDAGNDAIORD. RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: Westside Improvement Authority P.O. Box 9033 Temecula, CA 92589-9033 NOTICE OF SPECIAL TAX LIEN WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACHIIIES DISTRICT NO. 1 (ROGERSDAI,E AREA) Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et. seq., of the California Government Code (the "Act"), the undersigned Secretary of the Westside Improvement Authority (the "Authority"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Board of Directors of the Authority, County of Riverside, State of California. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the public facilities described on Exhibit A attached hereto and hereby made a part hereof, and otherwise to pay the costs of such facilities directly, and the costs of administering the below-mentioned community facilities district. The special tax is authorized to be levied within the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area), which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section :53330.5 of the California Government Code. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in said Exhibit B. Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of Riverside, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area), in accordance with Section 3115.5 of the California Streets and Highways Code. The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real property included within this community facilities district and not exempt from the special tax are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the boundary map of the community facilities district recorded at Book 42 of Maps of Assessment and Community Facilities Districts at Page 63, in the office of the County Recorder for the County of Riverside, State of California, which map is the boundary map of the community facilities district. For further information concerning the current and estimated future tax liability of owners or purchasers of real property or interests therein subject to this special tax lien, interested persons should contact the Director of Finance of the City of Temecula, 43200 Business Park Drive, Temecula, California 92590, telephone number (909) 694-6430. Dated: February 10, 1998 By: Susan W. Jones, Acting City Clerk Authority Secretary Westside Improvement Authority EXIHRIT A WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSD~-I~ AREA) DESCRIFFION OF FACILITIES TO BE FINANCED BY THE DISTRICT FACILITIES The planned public improvements include the following: acquisition of open space, acquisition and/or construction of the Western By-Pass corridor, portions of Vincent Moraga Drive, portions of Ridge Park Drive, and portions of First Street. The improvements shall include all related clearing and grubbing, grading and appurtenances, and any removals or temporary signage or markings related thereto. All improvements may include any rights-of-way acquisition, intersection improvements, widening, paving and/or re-paving, striping and/or re-striping, pedestrian sidewalks, locating and/or relocating utilities, landscaping, lighting, or other related improvements or appurtenances located within the rights-of-way. The planned public improvements include the acquisition and/or construction of parking facilities, including land acquisition, easement acquisition, entitlement acquisition, grading, site fencing, street improvements (including any rights-of-way acquisition, intersection improvements, widening, paving and/or re-paving, striping and/or re-striping, pedestrian sidewalks, locating and/or relocating utilities, or other related improvements or appurtenances located within the rights-of-way), storm drains (including trenching, inlets, outlets, channels, structures, manholes, headwalls, junctions, transitions, bedding, culverts, and appurtenances), landscaping improvements, site concrete, iron works, gas line repair, curbing, gutters, sidewalks, striping, traffic signals, street lights, light fixtures, and site electrical, all within or in the vicinity of the District. The facilities shall include all costs of engineering, design, fees, permits, bonds, supervision, planning, construction staking, materials testing and coordination incident thereto. The facilities shall include land acquisition related to any public improvement, and other land acquisition for public purposes (including but not limited to open space and land for future public improvements). Bond related expenses, including underwriters discount, financial advisor, appraisals, reserve fund, capitalized interest, bond counsel, underwriter's counsel, special tax consultant, bond and official statement printing and all other incidental expenses. E~I~IT B WESTSIDE IMPRO~ AUTHORITY COMMUNITY FACHJTIES DISTRICT NO. 1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A special tax shall be levied on each Parcel of land within the Westside Improvement Authority Community Facilities Dismet No. 1 (RogersDale Area) (the "District"), and collected according to the Special Tax Liability determined by the Treasurer of the Authority (the "Treasurer") through the application' of the following procedures. All of the property within the District, unless otherwise exempted by the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and .procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto in any Fiscal Agent Agreement for any Bonds of the Authority for the District. Notwithstanding the foregoing, the Authority may collect the special taxes at such other times or in such other manner as necessary or convenient to satisfy the obligations of the District. MAXIMUM SPECIAL TAX The maximum special tax that may be levied commencing with the Fiscal Year ending June 30, 1998 and for each following Fiscal Year on any Parcel shall not exceed the sum of: plus (i) (ii) The maximum building special tax rate of $9.00 per building' square foot, multiplied by the sum of the Building Floor Area for all buildings on the Parcel; The maximum land special tax rate of $3.00 per land square foot, multiplied by the Land Area of the Parcel. The special tax shall be levied annually. A Parcel shall be subject to the maximum special tax' for not more than 40 years. In no event shall the maximum special tax on any Parcel used for private residential purposes exceed any limitation imposed under Section 53321 of the California Government Code. ASSIGNMENT TO CATEGORIES; LEVY ANNUAL TAX CATEGORIES: On or about July I of each year, but in any event in sufficient time to include the levy of the special tax on the County's secured tax roll, the Treasurer shall determine for each Parcel within the District, whether or not such Parcel is Taxable Property. Parcels subject to levy shall be determined based upon the records of the County Assessor as of the January 1 preceding such July I and on the status of the buildings in the District as of the March 1 preceding such July 1. LEVY: The Treasurer shall then determine the estimated aggregate Special Tax Liability for the Fiscal Year commencing such July 1, and levy of each Parcel of Taxable Property as provided below. Step 1 :. Determine the Building Floor Area for each Parcel which is Taxable Property, and the total Building Floor Area for all Parcels which are then Taxable Property. Step 2: Calculate the annual building special tax rate by dividing an amount equal to 80% of the Special Tax Liability, by the total Building Floor Area for all Parcels which are then Taxable Property. Step 3: Multiply the total'Building Floor Area for each respective Parcel which is Taxable Property by the lesser of: (i) the annual building special tax rate calculated in Step 2 above; or (ii) the maximum building special tax rate, respectfully, for the Fiscal Year commencing such July 1. Step 4: Determine the Land Area for each Parcel which is Taxable Property and the total Land Area for all Parcels which are then Taxable Property. Step 5: Calculate the annual land special tax rate'as the lesser of: (i) the Special Tax Liability, less the total amount calculated for all Parcels under step 3 above, divided by the total Land Area for all Parcels which are Taxable Property; or (ii) the maximum land special tax rate, respectfully, for the Fiscal Year commencing such July 1. Step 6: Multiply the Land Area for each Parcel which is Taxable Property, by the annual land special tax rate determined under Step 5, above. Step 7: Calculate the sum of the annual building special tax (from Step 3) and the annual land special tax (from Step 6) for each Parcel which is Taxable Property. .. PREPAYMENTS Special tax prepayments may be made for property subject to the levy of the special taxes. A ' particular Parcel may prepay the special tax, provided that all authorized Bonds that are to be issued, have been issued. Any property owner in the District that desires to prepay the annual special taxes on a particular Parcel shall notify the Treasurer in writing of such intention not less than 90 days prior to an interest payment date for the Bonds and the prepayment must be made not less than 45 days prior to such interest payment. Determination of the total amount needed by the Treasurer shall be conclusive, absent manifest error. The following must be applied for a prepayment of a particular Parcel. The prepayment amount for a particular Parcel shall be calculated by the Treasurer, as follows: · .\CFD I rogersdale Friday, January 02, ! 998 A2 1. Compute the special tax for the then Current Fiscal Year for such Parcel and the total special tax for the then current Fiscal Year. 2. The prepayment amount is computed by dividing the special tax for the Parcel by the total special tax for all Parcels for the then current Fiscal Year, and multiplying the results by the principal amount of any outstanding Bonds. The result shall be rounded up to the nearest five thousand dollars ($5,000); provided however, that if the Authority is provided with prepayments of special taxes for more than one Parcel at the same time, then the total prepayments shall be aggregated and the aggregated prepayment amount shall be rounded up to the nearest five thousand dollars ($5,000). 3. The prepayment amount calculated in (2) above for a particular Parcel will be (a) increased in the amount off (i) applicable redemption premium, if any, on the Bonds; (it) an amount determined by the Treasurer to offset any difference between the amount needed to pay debt service on the Bonds and the amount derived from the reinvestment of the prepaid special tax pending the redemption of such Bonds; and (iii) amount determined by the Treasurer to pay for the applicable Administrative Expenses to provide such prepayment; and (b) ' decreased for any reduction in Bond reserves due to the prepayment. The Parcel with respect to which prepayment is made must not be delinquent in any payment of special taxes previously levied within the District. Prepayment shall not relieve any property owner from paying those special taxes which have already become due and payable, and a Notice of Cessation of Special Tax Lien shall not be recorded against any Parcel pursuant to California Government Code Section 53344, until all special taxes with respect to that Parcel have been paid.- DEFINITIONS Administrative Expenses means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the Authority in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of its counsel, any fees of the County or the City related to ~he District or the collection of special taxes, an allocable share of the salaries of the Authority and/or City staff directly related thereto, a proportionate amount of Authority and/or City general administrative overhead related thereto, any amounts paid by the Authority, ~om its own- funds with respect to the District or the Bonds, and all other costs and expenses of the Authority, the City or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement and, in the case of the Authority and the City, in any way related to administration of the District. Bonds means any bonds of the Authority issued for the District under Mello-Roos Community Facilities Act of 1982, as amended, authorized to be issued under the Resolution of Issuance. · .\CFD i rogersdale Friday, January 02, 1998 A3 Building Floor Area means the area, by square feet rounded up to the nearest whole integer,' included within the surrounding exterior walls of a building, including each floor of a multiple story building, exclusive of vent shafts and courts (defined here as open and unobstructed to the sky). The Building Floor Area will be determined by the Treasurer by reference to City or County approved building plans or other such documentation as the Treasurer shall determine applicable. City means the City of Temecula. County means the County of Riverside. Debt Service, for each Fiscal Year, is the total annual principal and interest payable on the Bonds during the calendar year_ which commences in such Fiscal Year, less any capitalized interest and any other amounts remaining in the bond fund held under the Fiscal Agent Agreement as of the end of the previous Fiscal Year available to make such payments. District means the Westside Improvement Authority Community Facilities Disu-ict No. 1 (RogersDale Area). Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance, and as it may be amended and/or supplemented from' time to time. Fiscal Year means the pe .nod starting on July 1 and ending the following June 30. Land Area means the measure of land area of a Parcel, in square feet of la~d, rounded up to the nearest whole integer. Parcel me .ans.any County Assessor's parcel or portion thereof that is within the boundaries of the District based on the equalized tax rolls of the County. Resolution of Issuance is any Resolution adopted by the Authority authorizing-~he issuance of Bonds. Treasurer is the Treasurer of the Authority, who is also the Finance Director of the City. Special Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for such Fiscal Year, Administrative Expenses for such Fiscal Year, an amount necessary, as determined by the Treasurer, to offset projected tax delinquencies that may occur in such Fiscal Year based on prior Fiscal Year delinquencies and to otherwise replenish any reserve fund established for the Bonds, and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent Agreement for the Bonds and any supplements thereto. Taxable Property shall mean all real property within the boundaries of the District which is not otherwise exempt from the special tax pursuant to law, except that the following property shall · .\CFD l rogersdale Friday, January 02, 1998 A4 not be taxed: any acres of land (up to an aggregate of the first 20.0 acres first so designated by the Treasurer) which is a public right of way or which is an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement, or which is owned by a government entity or agency. Taxable Property includes Parcels owned by a public agency if the public agency has granted a leasehold or possessory interest therein to a non-exempt person or entity. ..\CFD ! rogersdale Friday, January 02, 1998 A5 EXHIBIT C WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) ASSESSOR'S PARCEL NUMBERS AND OWNER OF LAND WITHIN WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDALE AREA) Assessor's Parcel NOS. Name of Property Owner 940-310-013; 940-310-015; 940-310-016; 940-310-029; 940-310-044; 940-310-045; 940-310-046; 940-310-047; 940-310-048; 940-320-001; 940-320-002; 940-320-003; 940-320-004; 940-320-005; 940-320-006; and 940-320-007 John F. Firestone 10392 Laders Senda Santa Ana, California 92705 ITEM 3 CITY ATTORNEY DIR. OF FINANCE CITY MANAGER WESTSIDE IMPROVEMENT AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Authority Board of Directors Ronald E. Bradley, Executive Director February 10, 1998 Westside Improvement Authority's Community Facilities District No. 1 (RogersDale Area) - Expansion of List of Facilities Eligible to be Financed RECOMMENDATION: That the Board of Directors adopt the resolution: RESOLUTION NO. WIA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AUTHORITY OF CONSIDERATION TO ALTER THE FACILITIES TO BE FINANCED BY THE WESTSIDE IMPROVEMENT AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (ROGERSDALE AREA) BACKGROUND: The California Government Code requires that, prior to the adoption of a resolution of change to alter the facilities to be financed by a community facilities district to include facilities that will be owned and operated by another public agency, the public agencies enter into a joint community facilities agreement or a joint exercise of powers agreement. The Westside Improvement Authority (the "Authority") has undertaken proceedings to form the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "CFD"), and it is proposed that the CFD finance various public improvements to be owned and operated by the Riverside County Flood Control and Water Conservation District, the Rancho California Water District and the Eastern Municipal Water District. It is expected that joint community facilities agreements will be executed between the Authority and one or more of such other public agencies in the next 30 days. The process to include any facilities referenced in such agreements in the list of facilities eligible to be financed by the CFD requires that a public hearing be held not less than 30 days after adoption of a resolution of consideration to alter the facilities to be financed by the CFD. In order to avoid any delay in completing the procedural requirements for the CFD, staff recommends that the Board of Directors adopt a resolution of consideration of alteration of CFD facilities at this time, with the expectation that joint community facilities agreements will be executed, and the related facilities will then be eligible for inclusion in the facilities to be R:tNOR TONL IA GEND,4 St CFDA GNDA IJ3459.A GN financed by the CFD, prior to the March 24, 1998 date on which the public hearing called for in the resolution of consideration is to be held. All costs related to any such joint community facilities agreements will be paid for by the CFD or from contributions by Trigger Entertainment and Sports LLC. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. Neither the City nor the Redevelopment Agency will have any responsibility for the payment of debt service on any bonds issued by the Westside Improvement Authority. Attachments: Resolution No. WIA 98- R:INOR TONI. [,4 G£NDA $1CFDA GNDA IJ345.e.A GN RESOLUTION NO. WIA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WESTSIDE IMPROVEMENT AIYI~O~ OF CONSIDERATION TO ALTER ~ FACILITIES TO BE FINANCED BY ~ WESTSIDE IM2PROVEMENT AU'IltO~ COMMUNITY FACILITIES DISTRICT NO. 1 (ROGERSDA !,~ AREA) W'I~'2REAS, on this date, the Board of Directors of the Westside Improvement Authority (the "Authority") adopted a resolution forming the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WI~.,R~AS, the proponent of the District, Trigger Entertainment and Sports LLC, has proposed that the District finance certain flood control, water system and sewer improvements (the "Additional Improvements") that are expected to be owned, upon completion, by the Riverside County Hood Control and Water Conservation District, the Rancho California Water District and the Eastern Municipal Water District, respectively (collectively, the "Participating Agencies"); and WHEREAS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with any entity that will own public improvements to be financed by the District prior to the adoption of a resolution of change to alter the facilities to be financed by the District to include such facilities; and ~S, the Authority anticipates entering into one or more joint community facilities agreements with one or more of the Participating Agencies during the next thirty days; and WHEREAS, the Authority now desires to undertake proceedings to alter the facilities to be financed by the District in order to be in a position to adopt a resolution of change to alter the facilities to be financed by the District as soon as possible following the execution of such joint community facilities agreements. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. The Board of Directors hereby finds and determines that public convenience and necessity require that the facilities to be financed by the District be altered. Section 2. The name of the District is "Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area)." Section 3. The territory included in the District is as shown on the boundary map of the District on file in the office of the Secretary of the Authority. R:INORTONLbtGENDASICFDAGNDA ~I.~45&AC~ Section 4. It is proposed that the facilities to be financed by the District be altered to include flood control, water system and sewer improvements within or in the vicinity of the District to be owned and/or operated by one or more of the Participating Agencies, including all related appurtenances and design, engineering and other related costs. The specific facilities to be included shall be specified in joint community facilities agreements to be entered into by the Authority and the Participating Agencies prior to adoption of the resolution of change to alter the facilities to be financed by the District to include all or a portion of the Additional Improvements. Section 5. Tuesday, March 24, 1998, at 7:00 p.m., in the regular meeting place of the Authority, City Council Chambers, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where the Board of Directors of the Authority, as legislative body for the District, will conduct a public heating on the proposed alteration to the facilities to be financed by the District. Section 6. The City Clerk in her capacity as Secretary to the Authority, is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be in the form of Exhibit A hereto. Section 7. The officers and employees of the Authority are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 8. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Westside Improvement Authority at a regular meeting held on the 10th day of February, 1998. ATTEST: Steven J. Ford, Chairperson Susan W. Jones, Acting City Clerk Authority Secretary R:INORTONLIAGENDA81CFDAGNDAtI$458.AGN STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) $$ I, Susan W. Jones, Secretary of the Westside Improvement Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WIA 98- was duly adopted at a regular meeting of the Board of Directors of the Westside Improvement Authority on the 10th day of February, 1998, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, Acting City Clerk Authority Secretary R : INORTONL IA GFaVD A,gI CFD A GI~ A Ll$4~& A GN EXIIIBIT A NOTICE OF PUBLIC FIE~G WESTSIDE IMPROVEMENT AUTHORITY Community Facilities District NO. 1 (ROGERSDALE AREA) Notice is hereby given that on February 10, 1998, the Board of Directors of the Westside Improvement Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Westside Improvement Authority of Consideration to Alter the Facilities to be Financed by the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area)." Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Directors of the Westside Improvement Authority hereby gives notice as follows: A. The text of said Resolution of Consideration is as follows: ~AS, on this date, the Board of Directors of the Westside Improvement Authority (the "Authority") adopted a resolution forming the Westside Improvement Authority Community Facilities District No. 1 (RogersDale Area) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WItEREAS, the proponent of the District, Trigger Entertainment and Sports LLC, has proposed that the District finance certain flood control, water system and sewer improvements (the "Additional Improvements") that are expected to be owned, upon completion, by the Riverside County Flood Control and Water Conservation District, the Rancho California Water District and the Eastern Municipal Water District, respectively (collectively, the "Participating Agencies"); and W!~REAS, Section 53316.2 of the Act requires that the Authority enter into a joint community facilities agreement with any entity that will own public improvements to be financed by the District prior to the adoption of a resolution of change to alter the facilities to be financed by the District to include such facilities; and ~S, the Authority anticipates entering into one or more joint community facilities agreements with one or more of the Participating Agencies during the next thirty days; and ~AS, the Authority now desires to undertake proceedings to alter the facilities to be financed by the District in order to be in a position to adopt a resolution of change to alter the facilities to be financed by the District as soon as possible following the execution of such joint community facilities agreements. NOW, Tme~REFORE, BE IT RESOLVED by the Board of Directors of the Westside Improvement Authority as follows: Section 1. The Board of Directors hereby finds and determines that public convenience and necessity require that the facilities to be financed by the District be altered. R:hVORTOlV7.,~AGF, NDA$1~A~A tI.~45&AGN Section 2. The name of the District is "Westside Improvement Authority Community Facilities District No. I (RogersDale Area)." Section 3. The territory included in the District is as shown on the first amended boundary map of the District on file in the office of the Secretary of the Authority. Section 4. It is proposed that the facilities to be financed by the District be altered to include flood control, water system and sewer improvements within or in the vicinity of the District to be owned and/or operated by one or more of the Participating Agencies, including all related appurtenances and design, engineering and other related costs. The specific facilities to be included shall be specified in joint community facilities agreements to be entered into by the Authority and the Participating Agencies prior to adoption of the resolution of change to alter the facilities to be financed by the District to include all or a portion of the Additional Improvements. Section 5. Tuesday, February 24, 1998, at 7:00 p.m., in the regular meeting place of the Authority, City Council Chambers, 43200 Business Park Drive, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where the Board of Directors of the Authority, as legislative body for the District, will conduct a public hearing on the proposed alteration to the facilities to be financed by the District. Section 6. The City Clerk in her capacity as Secretary to the Authority, is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be in the form of Exhibit A hereto. Section 7. The officers and employees of the Authority are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. Section 8. This Resolution shall take effect immediately upon its adoption. B. The time and place establish~ under said Resolution of Consideration for the public hearing required under the Act are Tuesday, March 24, 1998, at 7:00 p.m., in the regular meeting place of the Authority, City Council Chambers, 43200 Business Park Drive, Temecula, California. C. At said hearing, the testimony of all interested persons or taxpayers for or against the changing of the facilities to be financed by the District will be heard. Any person interested may file a protest in writing as provided in Section 53336 of the Act. If fifty percent (50%) or more of the registered voters, or six registered voters, whichever is more, residing in the District, or the owners of one-half or more of the area of land in the territory included in the District and not exempt from the special tax file written protests against the proposed alteration of the facilities to be financed by the District and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors of the Authority shall eliminate the alteration from the proceedings and the alteration shall not be included in a resolution for a period of one year R:~VORTOI~Z~A(~EI~A~%CFDA(~IIDA tI$458.AGN from the date of decision of the Board of Directors of the Authority after the hearing. D. The proposed voting procedure shall be by special mail or hand-delivered ballot of the owners of land within the territory included in the District. Dated: February 10, 1998 Susan W. Jones, Acting City Clerk Authority Secretary Westside Improvement Authority Publish: , 1998 R : ~NOR TO NL ~,4 GF. P~ A~% CFD A GND A LI$4 $ 8.A (~I~ WINCHESTER HILLS FINANCING AUTHORITY ITEM I CITY ATTORNEY DIR. OF FINANCE CITY MANAGER WINCHESTER HILLS FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Winchester Hills Financing Authority Ronald E. Bradley, Executive Director February 10, 1998 Administrative Matters and Initial Actions Relating to Formation of Community Facilities District (CFD) RECOMMENDATION: 1. That the Authority, by minute order, appoint a Chairperson from among its Board of Directors. 2. That the Authority adopt the resolutions entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING THE FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RULES FOR ITS PROCEEDINGS RESOLUTION NO. WHFA 98- A RESOLUTION OF THE WINCHESTER HILLS FINANCING AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS R: iNOR TONL IA GENDA St CFDA GNDA I WNCHS TRIJ3511.A GN 2/2/,,98 RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A PETITION TO FORM A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO BACKGROUND: Winchester Hills I L.L.C., a California limited liability company (the "Landowner"), has requested that a community facilities district be formed to assist in the refinancing of public improvements in the Winchester Hills Area of the City by means of the refinancing of certain assessment liens on property of the Landowner levied by the County of Riverside in two County assessment districts. The City and the Redevelopment Agency created the Authority, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider the proposed financing and act as the issuer of any bonds. The Authority, being newly created, must first appoint a Chairperson from among its members. The Authority must then adopt a resolution as to certain administrative matters, such as meetings and rules for proceedings of the Authority. The Authority will then consider the adoption of two resolutions related to the formation of a community facilities district. The CFD will only include land owned or controlled by the Landowner (or its successor in interest). The Landowner has requested that the CFD issue bonds to refinance the public improvements and related assessment liens so that delinquent assessments can be cured, and the liens restructured, so that the land can be sold to a new entity and residential and commercial development of the land can proceed. The Landowner has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and has submitted a petition and deposit/reimbursement agreement with respect thereto. The bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. SPECIFIC ACTIONS: In order to continue the process, begun by the City and the Redevelopment Agency by creating the Authority, to consider the formation of the community facilities district and the issuance of the bonds, the following actions must occur: The Authority, by minute order, should select a Chairperson from among its members. The Authority will then consider adoption of a resolution approving local goals and policies for its Mello-Roos districts, which must be adopted under State law prior to the formation of a community facilities district. The Authority will then consider adoption of a resolution accepting the Landowner's deposit, approving a deposit agreement and engaging professionals R: iNOR TONL kA GENDA SI CFDA GNDA I WNCHS TRIJ3511.A GN 2/2/98 to assist the City and the Authority in forming the CFD and issuing bonds of the Authority for the CFD. It is expected that resolutions of intention to form the CFD will be presented to the Authority at its meeting of February 24th, and public hearings and resolutions necessary to form the CFD will be held and considered, respectively, at the Authority's April 14th meeting. FISCAL IMPACT: The Landowner has agreed to pay all out of pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bond issued will be paid by special taxes levied on the properties in the community facilities district. The bonds will not be obligations of the City or the Redevelopment Agency, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. ATTACHMENTS: Resolutions (3) Local Goals and Policies for Community Facilities Districts Deposit/Reimbursement Agreement R:INOR TONL IA GENDA $1CFDA GNDA I WNCHS TRIJ351 l.A GN 2./2/98 RESOLUTION NO. WIIFA 98- A ~LUTION OF THE BOARD OF DIRECTORS OF THE INCUESTER HH.L~ FINANCING AUTHORITY REGARDING MEETINGS, ESTABLISHING A SEAL FOR THE AUTHORITY, DIRECTING ~ FILING OF A NOTICE OF FORMATION WITH THE SECRETARY OF STATE, AND ESTABLISHING THE RUI.F.S FOR ITS PROCEEDINGS ,~ WU!gREAS, the City of Temecula (the "City") and the Redevelopment Agemy of the City of Temecula (the "Agency") have adopted resolutions authorizing the formation of a joint powers authority under Articles 1-4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California to be known as the "Winchester Hills Financing Authority" (the "Authority"), and the execution of a joint exercise of powers agreement in connection therewith; and WHEREAS, the City and the Agency have executed said agreement and the Authority, being duly formed, now desires to take certain actions relative to its administration as set forth below. NOW, Tm~,EFORE, BE IT RESOLV~ by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. A. Regular meetings of the Authority shall be held on the second and fourth Tuesdays of the month at 7:00 p.m., and may be combined with meetings of the City Council and Redevelopment Agency of the City of Temecula. The Authority shall be required to hold at least one meeting annually on the second Tuesday of July on each year, or the date of the first City Council meeting in the month of July each year, whichever occurs later. B. Noticing of regular, special or adjourned meetings of the Authority, posting of agendas, public comments to the Authority Board, closed sessions, and other procedural matters affecting meetings of the Authority shall be governed by the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. ("Brown Act"). Section 2. Meeting Place. All meetings of the Board of Directors shall be held at the regular meeting place of the City Council of the City, unless the Board of Directors shall adjourn to or fix another place of meeting in a notice to be given thereof, or unless prevented by flood, fire or other disaster. Said regular meeting place is hereby fixed and established at the City Council Chambers, Temecula City Hall, 43200 Business Park Drive, Temecula, California. R : hVORTONL ~4 GENDA$% CFDA GND A ~ WNCHSTR t. I$50Z A GN 2/~ /98 Section 3. Rules of Proceedings. A. Public Meetings. All meetings of the Authority shall be open to the public, unless a closed session is held as permitted by provisions of the Brown Act. B. Meeting Procedures. Unless otherwise specified by this Resolution, all proceedings of the meetings of the Authority shall be conducted in accordance with the provisions of the Brown Act and the ordinances, resolutions or written policies governing the conduct of meetings of the City Council of the City of Temecula. C. Quorum. Three (3) of the members of the Board of Directors shall constitute a quorum for the transaction of business. Section 4. Contracts: Agreements. All contracts or agreements on behalf of the Authority shall be signed by the Chairperson or the Executive Director, and countersigned by the Secretary, after having been authorized to do so by action of the Board of Directors, unless otherwise specifically provided by resolution of the Board of Directors. Any contract or agreement involving less than ten thousand dollars ($10,000) may be executed by any of such officers without the need for any approval by the Board of Directors. Section $. Seal. The Authority shall have an Official Seal consisting of two (2) concentric circles with the words "Winchester Hills Financing Authority" within the outer circle and the date of formation of the Authority within the inner circle. The Secretary shall obtain the Seal at the Authority's expense and shall have custody of the Seal. Section 6. Secretar_y of State. Bond Counsel to the Authority is hereby directed to file a notice of the formation of the Authority with the Secretary of State of the State of California, as required by Sections 6503.5 and 53051 of the California Government Code. Section 7. Office and Mailing Address. The office of the Authority and its official mailing address are hereby fixed and establi~ at Winchester Hills Financing Authority c/o City of Temecula, P.O. Box 9033, Temecula, California 92589-9033, Attention: Executive Director. PASSEr}, APPROVED AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a meeting held on the 10th day of February, 1998. Chairperson ATTEST: Susan Jones, Acting City Clerk Acting Authority Secretary R:INORTONL IA {~ENDASlCFDAGNDA I WIqCHglIt i.13307. WPD 212/98 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) $$ I, Susan Jones, Acting Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WHFA 98- was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 10th day of February, 1998, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan Jones, Acting City Clerk Acting Authority Secretary R:INORTONLIA~ENDA$1CFDACrNDAIWNCHSFR~J~$OZ WPD 2/2/98 RESOLUTION NO. WI~A 98- A RESOLUTION OF ~ WINCI:!~.$TER IYILLS FINANCING AI71~O~ ADOPTING LOCAL GOAI~ AND POLICIES FOR COMMIJNrrY 'FACILITIES DISTRICTS WItEREAS, Section 53312.7(a) of the California Govemment Code requires that the Board of Directors of the Winchester Hills Financing Authority (the "Authority") consider and adopt local goals and policies for community facilities districts ("CFDs") prior to the initiation of proceedings by the Authority to establish a CFD under the provisions of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code (the "Act"); and ~REAS, this Board of Directors intends to consider the establishment of a CFD related to the refinancing of public improvements and related fixed assessment liens in the Winchester Hills area of the City of Temecula, and desires at this time to adopt local goals and policies for CFDs so that it may commence proceedings for establishing a community facilities districts to retinanee public improvements and related fixed assessment liens in such area; and WltEREAS, Authority staff has caused to be prepared a draft of goals and policies for CFDs of the Authority (the "Goals and Policies"), the form of which is on file with the Secretary, and this Board of Directors has duly considered said Goals and Policies. NOW, THEREFORE, BE IT ~LVED, by the Board of Directors of the Winchester Hills Financing Authority that the Goals and Policies, in the form on file with the Secretary, are hereby adopted as the local goals and policies of the Authority for CFDs, and are intended to meet the requirements of Section 53312.7(a) of the Act. PASSE!), APPROVED AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a meeting held on the 10th day of February, 1998. ATTEST: Chairperson Susan Jones, Acting City Clerk Acting Authority Secretary R: h¥OR TONL L4 ~EN'D A$i CI D A ~ND A ~ WNCHSTR ti3505. WPD 2/2/98 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) $S I, Susan Jones, Acting Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WHFA 98-~ was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 10th day of February, 1998, by the following vote: AYES' BOARDMEMBERS: NOES' BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan Jones, Acting City Clerk Acting Authority Secretary R: INORTO~ff.. IA C~ND A$1CIrDA GND A I WNCHS'rR ti$$05. WPD 2/2[98 RESOLUTION NO. W!:IFA 98- A RESOLUTION OF ~ BOARD OF DIRECTORS OF THE WINCHF~STER HH~LS FINANCING AUTHORITY ACKNOWLF. DGING RECEHVr OF A PETiTiON TO FORM A COMMUNITY FACHATIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT T!~ERETO WHEREAS, Winchester Hills I L.L.C., a California limited liability company (the "Company") has submitted to the Board of Directors of the Winchester Hills Financing Authority (the "Authority") a Petition (Including Waiver) (the "Petition") requesting that the Board of Directors conduct proceedings under Section :53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills)" (the "CFD"); and WHEREAS, the Company has also submitted a check in the amount referred to in the Petition (the "Deposit") and a Deposit/Reimbursement Agreement (the "Agreement"), between the Company and the Authority, and this Board of Directors now desires to accept the Petition and the Deposit, authorize the execution'and delivery by the Authority of the Agreement, employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD, and authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue bonds of the Authority for the CFD. NOW, TH!~:REFORE, BE IT RESOL~ by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. Receipt by the Authority of the Petition and the Deposit are hereby acknowledged. The Finance Director of the City of Temecula is hereby authorized and directed to accept the Deposit, and to use the Deposit in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 2. City staff, acting for and on behalf of the Authority, are hereby authorized and directed to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue bonds of the Authority therefore. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or issue bonds of the Authority for the CFD. Section 3. The firm of Stone & Youngberg LLC is hereby designated as underwriter to the Authority for any bonds to be issued for the CFD. Section 4. The firm of General Government Management is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates R : ~gOR TO NL bt GEIYD A81CFD A GIgD A I WIqCHSTR tI$ 509.A GN 2/3[98 is hereby designated as financial advisor to the Authority for the CFD, and the firm of Quint & Thimmig LLP, is hereby designated as Bond Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD, in form and substance acceptable to the Executive Director. The fees and expenses of such consultants shall be payable solely from the Deposit and /or the proceeds of bonds, if any, issued by the Authority for the CFD. Section 5. The Executive Director is hereby authorized and directed to engage an appraiser to appraise the property subject to the special taxes to be levied within the CFD, and a market absorption consultant to analyze the proposed development in the CFD, on such terms as are acceptable to the Executive Director. The fees and expenses of such consultants shall be payable solely from the Deposit and/or the proceeds of bonds, if any, issued by the Authority for the CFD. Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PAS,_~:I~, APPROVF2) AND ADOFRED, by the Board of Directors of the Winchester Hills Financing Authority at a meeting held on the 10th day of February, 1998. ATTEST: Chairperson Susan Jones, Acting City Clerk Authority Secretary R:I3IORTONLIA~F. NDA~ICFDA(~IqDAIWIqCHgTRtI.~$O9.A~!~ 2/.~/98 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan Jones, Acting Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WHFA 98- was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 10th day of February, 1998, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan Jones, Acting City Clerk Acting Authority Secretary R : IfirOR TOblL lA OEND A,gl CFD A GblD A I l~I~IC~R Ll$.509.A Obl 2/$/98 WINCHESTER HILLS FINANCING AUTHORITY LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS (adopted February 10, 1998) I. INTRODUCTION. Section 53312.7(a) of the California Government Code requires that the Winchester Hills Financing Authority (the "Authority") consider and adopt local goals and policies concerning the use of the Mello-Roos Community Facilities Act of 1982 (the "Act"), prior to the initiation of proceedings to establish a new community facilities district ("CFD") under the Act. The following goals and policies are intended to meet the minimum requirements of the Act, and may be amended or supplemented by resolution of the Board of Directors of the Authority at any time. II. GOALS. The Authority will consider the use of the Act for financing public facilities and services, and refinancing existing fixed special assessment liens levied to finance public facilities, only in connection with the prospective development of land in the Winchester Hills area of the City of Temecula (the "City"), or as otherwise referenced in an owner participation or development agreement to which the City or the Redevelopment Agency of the City of Temecula is a party. Any request for a CFD which is not integral to the development of land in such area will require amendment of these goals and policies, and will be considered on a case by case basis. All Authority and noncontingent consultant costs incurred in the evaluation and establishment of new CFDs will be paid by the proponents of the CFD. The Authority shall use all reasonable efforts not incur any expense for processing a CFD which are not eligible to be reimbursed from CFD bond proceeds. Expenses incurred by the Authority that are not chargeable to the CFD shall be borne by the proponent of the CFD. III. ELIGIBLE PUBLIC FACILITIES AND SERVICES. The improvements eligible to be financed by a CFD must be owned by a public agency or public utility, and must have a useful life of at least five (5) years, except that up to five percent of the proceeds of an issue may be used for facilities owned and operated by a privately-owned public utility. The improvements must be consistent with any relevant specific plan approvals. A CFD shall not vest any rights to future land use on any properties, including those which are responsible for paying special taxes. The list of public facilities eligible to be financed by a CFD include, but are not limited to, the following: · Freeway Offramps · Street Improvements · Street lighting · Traffic signals and safety lighting · Landscaping in public right-of-ways · Governmental facilities · Sanitary sewer facilities · Storm drain facilities · Flood control facilities · Potable and reclaimed water facilities · Convention Center · Utility relocations · Elementary and secondary school sites and facilities · Libraries · Public utilities · Police and fire protection facilities · Public parking structures · Cultural facilities · Child care facilities · Parks and recreational facilities R:INOR TONL iA GENDA St CFDA GNDA ! WNCHS TRIJ3502. WPD 2/2/98 The funding of public facilities to be owned and operated by public agencies other than the Authority shall be considered on a case-by-case basis. If the proposed facilities are appropriate for financing by a CFD and are consistent with approved land use plans for the property, the Authority shall consider entering into a joint financing agreement in order to finance these facilities. A joint agreement with the public agency that will own and operate any such facility must be entered into prior to the adoption of the resolution of formation relating to the formation of any CFD. The Authority may also refinance fixed special assessment liens levied by the County of Riverside relative to the financing of public improvements in the Winchester Hills area of the City. The Authority will consider on a case-by-case basis CFDs established for the provisions of services eligible to be funded under the Act. Eligible services are as specified in the Act. IV. PRIORITIES FOR CFD FINANCING. Priority for CFD financing shall be given to public facilities which: (a) are necessary for development in the Winchester Hills area of the City, or (b) are otherwise incident to development or redevelopment in such area. V. CREDIT QUALITY REQUIREMENTS FOR CFD BOND ISSUES. All CFD bond issues should have at least a three to one property value to public lien ratio after calculating the value of the financed public improvements to be installed and any private improvements for which financing is reasonably assured, unless the Board of Directors of the Authority finds and determines that the proposed bonds do not present any unusual credit risk or, by a four-fifths vote, that the proposed bond issue should proceed for specified public policy reasons. Property value may be based on either an appraisal or on assessed values as indicated on the county assessor's tax roll. Any appraiser shall be selected by the Authority (or the City on behalf of the Authority), and the appraisal shall be based on standards determined applicable by Authority staff and consultants. The appraisal must be dated within six months of the date the bonds are issued. The public lien amount shall include the bond issue currently being sold plus any public indebtedness secured by a fixed lien on real property currently existing against the properties to be taxed. A reserve fund equal to the lesser of (I) ten percent of the original proceeds of the bond issue, (ii) the maximum annual debt service on the bonds, or (iii) one hundred twenty-five percent of the average annual debt service on the bonds is considered as appropriate for any bond issue where less than seventy-five percent of the buildable acreage has been developed. A smaller reserve fund may be appropriate for bond issues in CFDs where over seventy-five percent of the buildable acreage has been developed. The reserve fund may be maintained by or on behalf of a public financing authority, if such an authority purchases the CFD bonds, and need not be held under the fiscal agent agreement pursuant to which the CFD bonds are issued. Less than a three to one property value to public lien ratio, excessive tax delinquencies, or projects of poor economic viability may cause the Authority to disallow the sale of bonds or require credit enhancement prior to bond sale. If the Authority requires letters of credit or other security in connection with the issuance of bonds for a CFD, the credit enhancement shall be issued by an institution, in a form and upon terms and conditions satisfactory to the Authority. Any security required to be provided may be discharged by the Authority upon the opinion of a qualified appraiser, retained by the Authority, that a value-to-lien ratio of three to one has been attained. As an alternative to providing other security, a portion of the bond proceeds may be placed in escrow with a R:iNOR TONL 1,4 GEND~4 $1CFDA GNDA I WNCHSTR~J3502. WPD 2/2/§8 corporate agent in an amount sufficient to assure a value-to-lien ratio of at least three to one on the outstanding proceeds, or other appropriate release requirements. Vl. DISCLOSURE REQUIREMENTS FOR PROSPECTIVE PROPERTY PURCHASERS A. Disclosure Reauirements for Develoo0r~. Developers who are selling lots or parcels that are within a CFD shall provide disclosure notice to prospective purchasers that complies with all of the requirements of Section 53341.5 of the Government Code. The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a CFD. B. Disclosure Reauirements for the Resale of Lots. The Treasurer of the Authority shall provide a notice of special taxes to sellers of property (other than developers) which will enable them to comply with their notice requirements under Section 1102.6 of the Civil Code. This notice shall be provided by the Treasurer of the Authority within five working days of receiving a written request for the notice, unless otherwise permitted under the Act. A reasonable fee may be charged for providing the notice, not to exceed any maximum fee specified in the Act. VII. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES. Special tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following expenses of a CFD: (a) 110 percent gross debt service coverage for all CFD bonded indebtedness, (b) the projected administrative expenses of the CFD, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the CFD. Additionally, the special tax formula may provide for the following: (a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the CFD, (b) the accumulation of funds reasonably required for future debt service, (c) amounts equal to projected delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by the Act and applicable law. The special tax formula shall be reasonable and equitable in allocating public facilities' costs to parcels within the CFD, unless otherwise agreed to by at least a majority of the property owners to be subject to the special tax. Exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owners' association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness. The total projected property tax levels for any CFD shall not exceed any maximum specified in the Act. The annual increase, if any, in the maximum special tax for any parcel shall not exceed any maximum specified in the Act. The increase in the special tax levied on any parcel as a consequence of delinquency or default by the owner of any other parcel shall not exceed any maximum specified in the Act. The Authority (or the City on behalf of the Authority) shall retain a special tax consultant to prepare a report which: (a) recommends a special tax for the proposed CFD, and (b) evaluates the special tax proposed to determine its ability to adequately fund identified public R:iNOR TONL IA GENDA SI CFDA GNDA I WNCHS TRIJ3502. WPD 2/2/98 facilities, Authority administrative costs, services (if applicable) and other related expenditures. Such analysis shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorem taxes and assessments on the properties within the CFD. VIII. APPRAISALS. The definitions, standards and assumptions to be used for appraisals shall be determined by Authority staff on a case-by-case basis, with input from Authority consultants and CFD proponents, and by reference to relevant materials and information promulgated by the State of California. In any event, the value-to-lien ratio shall be determined based upon an appraisal by an independent MAI appraiser of the proposed CFD. The appraisal shall be coordinated by and under the direction of the Authority (or the City on behalf of the Authority). All costs associated with the preparation of the appraisal report shall be paid by the proponents of the CFD through an advance deposit mechanism. The Authority shall have discretion to retain a consultant to prepare a report to verify market absorption assumptions and projected sales prices of the properties which may be subject to the maximum special tax in the CFD. IX. TERMS AND CONDITIONS OF BONDS. All terms and conditions of any CFD bonded indebtedness shall be established by the Authority, after consultation with the Authority's consultants, City staff and the proponents of the CFD. The Authority will control, manage and invest, or cause to be controlled, managed and invested, all CFD bond proceeds. Each bond issue shall be structured so as to minimize any impact on the bonding capacity or any credit rating of the Authority or the City. All statements and material related to the sale of bonds shall emphasize and state that neither the faith, nor general credit of the Authority or the City is pledged to security or repayment of the bonds. The sole source of pledged revenues to repay CFD bonds shall be the special taxes, bond proceeds and reserve funds held under the bond document, and the proceeds of foreclosure proceedings and additional security instruments provided at the time of bond issuance, unless otherwise specifically agreed to in writing by the Authority. X. CFD INITIAL COSTS. All Authority and consultant costs incurred in the evaluation of CFD applications and the establishment of CFDs will be paid by the proponents of the CFD by advance deposit increments. The Authority shall use reasonable efforts not to incur any non-reimbursable expenses for processing and administering CFDs. In general, expenses not chargeable to the CFD shall be directly borne by the proponents of the CFD. Xl. USE OF CONSULTANTS. The Authority (or the City on behalf of the Authority) shall select all consultants necessary for the formation of the CFD and the issuance of bonds, including the underwriter(s), bond counsel, financial advisors, appraiser, market absorption study consultant and the special tax consultant, after reasonable consultation with the proponents of the CFD. Prior consent of any proponent of a CFD shall not be required in the determination by the Authority of the consulting and financing team. Xll. EXCEPTIONS TO THESE POLICIES. The Authority may find that a waiver of any of the above stated policies is reasonable given identified Authority benefits to be derived from such waiver. Such waivers only will be granted by action of the Board of Directors of the Authority. R:INORTONI. i.4 GENDA$1CFDA GNDA I WNCHS TRiJ3502. WPD 2/2/98 DEPOSIT/REIMBURSEMENT AGREEMENT Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) THIS DEPOSIT/REIMBURSEMENT AGREEKflENT (the "Agreement") is by and between the Winchester Hills Financing Authority (the "Authority") for and on behalf of the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "CFD"), and Winchester Hills I L.L.C., a California limited liability company (the "Company"). RECITALS WHEREAS, the Company has requested that the Authority consider the issuance of bonds for the CFD (the "Bonds") under Sections 53311 et seq. of the California Government Code (the "Act"); and WHEREAS, the Company is willing to deposit funds with the Authority to ensure payment of the costs of the Authority, the City of Temecula (the "City") and the Redevelopment Agency of the City =of Ternecula (the "Agency") in forming the Authority and otherwise in connection with the issuance of bonds for the CFD and the proposed expenditure of the proceeds thereof, provided that such funds so advanced are reimbursed to the Company from the proceeds of any bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority and the Company now desire to specify the terms of said deposit and reimbursement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deoosit: Additional Advances. The Company has provided to the Authority $95,500 (the "Deposit"), to be used by the Authority to pay the costs in conducting proceedings for the issuance of bonds for the CFD (as more fully described in Section 2(a) below, the "Initial Costs"), said amount. having been heretofore delivered by the Company to the Finance Director of the City, in her capacity as treasurer of the Authority, by means of a check made payable to the "City of Temecula." The Authority, by its execution hereof, acknowledges receipt of the Deposit. The check representing the Deposit shall be cashed by the City, and the Deposit may then be commingled with other funds of the of the Authority or the City for purposes of investment and safekeeping, but the Authority shall at all times maintain records as to the expenditure of the Deposit. The Company hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City, the Agency or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City; provided that the amount of the Deposit, plus any such additional amounts (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"), shall not exceed $150,000 without the prior R:INOR TONL IA GENDASI CFDA GNDA I WNCHS TRiJ3500.A GN 2/4/98 written consent of the Company. Notwithstanding the foregoing, the City Manager may direct City, Agency and Authority staff and consultants to cease all work related to the issuance of the Bonds and/or the formation of the Authority and the CFD until any additional amount so demanded has been received by the Authority. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (I) the fees and expenses of any consultants to the City, the Agency or the Authority employed in connection with the issuance of the Bonds and the proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the City Attorney, Agency special counsel, Bond Counsel and financing and special tax consultants); (ii) the costs of appraisals, market absorption and feasibility studies and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds or the assessment liens to be refinanced with the proceeds of the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City, the Agency or the Authority with respect to the CFD or the Bonds after the date of execution of this Agreement. The Company hereby acknowledges that, at a minimum, the following amounts will or may be charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (I) $15,000 to Quint & Thimmig LLP, bond counsel, due upon adoption by the Authority of a resolution of intention to form the CFD, (ii) $3,500 to General Government Management Services, special tax consultant, due upon execution by the Authority of this Agreement, (iii) not to exceed $12,000 to Orrick, Herrington & Sutcliffe LLP, underwriter's counsel, (iv) up to $28,500 to Interstate Appraisal Corporation, appraisers, due upon in accordance with any agreement by the City, the Agency or the Authority with the appraisers, (iv) up to $8,500 to Richards, Watson & Gershon, due from time to time as legal services are provided by such firm to the City, the Agency and the Authority with respect to the CFD, the Bonds and/or the Authority, (v) up to $16,000 to Empire Economics for a market absorption analysis and report to the Authority related to the CFD and the Bonds, and (vi) up to $12,000 to the City of Temecula for City Staff time in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, 'including a reasonable allocation of City overhead expense related thereto, including all other actual costs and expenses incurred by the City. (b) If the Bonds are issued under the Act by the Authority secured by special taxes levied upon the land within the CFD, the Authority shall provide for reimbursement to the Company, without interest, of all amounts charged against the Deposits, said reimbursement to be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Company, without interest, less an amount equal to any costs incurred by the City, the Agency or the Authority or that the City, the Agency or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of the resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the issuance of the Bonds, return the then R: iNOR TONL IA GENDA St CFDA GNDA I WNCHS TRIJ3500.A GN 2/4/98 unexpended Deposits to the Company, without interest, less an amount equal to any costs incurred by the City, the Agency or the Authority or that the City, the Agency or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Company Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Company or any successor in interest thereto with respect to the land in the CFD incurred in connection with the CFD from the proceeds of the Bonds, including, but not limited to fees and expenses of legal counsel to the Company and/or its successor in interest and special tax consultant expenses. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. Agreement Not Debt or Uabilitv of City. Agency or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, the Agency or the Authority, as provided in Section 53314.9(b) of the Act. None of the City, the Agency or the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. The City, the Agency or the Authority shall not be obligated to advance any of their own funds with respect to the CFD or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Agency Governing Board, the Board of Directors of the Authority or officer, employee or agent of the City, the Agency or the Authority shall to any extent be personally liable hereunder. Section 5. No Obligation to Issue Bonds. The provisions of this Agreement shall in no way obligate the City, the Agency or the Authority to issue any bonds, or to expend any of their own funds in connection with the CFD. ~ Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accounting. The City Finance Director shall provide the Company with a written accounting of moneys expended under this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefor submitted by an authorized officer of the Company. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. R: INOR TO NL ~4 GENDA St CFDA GNDA I WNCHS TRIJ3500.A GN 2/4/98 Executed on: February 10, 1998 COMPANY: WINCHESTER HILLS I L.L.C., a California limited liability company By: Its: Executed on: February 10, 1998 AUTHORITY: WINCHESTER HILLS FINANCING AUTHORITY, on behalf of the Winchester Hills Financing Authority Community Facilities District 98-1 (Winchester Hills) By: Ronald E. Bradley, Executive Director R: iNOR TONL IA GENDA St CFDA GNDA I WNCHS TRIJ3500.A ON 2/4/98 PRINCIPALS WILLIAM L. FIELDMAN ~metitu~ LAWRENCE G. ROLAPP THOMAS G. JOHNSEN THOMAS M. DEMARS SOUTHERN CALIFORNIA OFFICE 2100 MAIN STREET SUITE 210 IRVINE, CA 92614 714e660· 8500 FAX 714e474.8773 NORTHERN CALIFORNIA OFFICE 510.933.6096 FAX 510.933e6098 CHARTER MEMBER NATIONAL ASSOCIATION OF INDEPENDENT PUBLIC FINANCE ADVISORS January 26, 1998 ORIGINAL Fieldman, Rolapp & Associates INDEPENDENT FINANCIAL ADVISORS TO LOCAL GOVERNMENT Ron Bradley, City Manager CITY OF TEMECULA 43174 Business Park Drive Temecula, CA 92590 Financial Advisory Services Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (FRA Project #98548) Dear Mr. Bradley; Pursuant to your request, Fieldman, Rolapp & Associates is pleased to submit this letter agreement (the "Agreement") to the City of Temecula (the "City") for municipal financial advisory services to be performed for the City and the Winchester Hills Financing Authority (the "Authority") related to Community Facilities District No. 98-1 (Winchester Hills) (the "District"). While a single series of bonds is currently contemplated, the ultimate financing structure may involve additional bonds being authorized and/or bonds being refunding or restructured. We have extensive experience in handling this type of assignment. We offer to assist the City and the Authority in a financial advisory capacity by utilizing and making available to you the research, statistical, and consultant staff of our organization to such extent as may be necessary and helpful. Mr. Larry Rolapp will be directly responsible for providing financial advisory services to the City and will serve as Project Manager. Mr. Rolapp will be assisted by Mr. Thomas Johnsen and other staff. Our firm acts strictly in an advisory capacity. We do not underwrite nor do we broker securities. We are independent financial advisors and charter members of the National Association of Independent Public Finance Advisors. Our approach is to provide objective advice on a fee for service basis and develop the most cost effective approach for our clients. The following Phase I and Phase II Scope of Services relate primarily to the issuance of debt. Other services such as studies; analyses; review and recommendations pertaining to municipal debt including, but not limited to debt financings and falling outside of the scope of our hereinafter described Phase I and Phase II services will be provided to the City and/or the Authority as requested on a fee for service basis as described under Phase III herein. All assignments shall hereinaf£er be called the "Project". clients\temecula\98548\contract. doc SCOPE OF SERVICES We agree to provide the following advisory services in connection with any and all financing requirements as they pertain to the Project: PHASE 1 I. Preliminary Survey We will confer with City staff, bond counsel, consultants, and other interested parties for the purpose of making a preliminary survey of the Project and to assist in the formulation of a coordinated plan to fund the Project. II. Attendance at Public Meetings/Conferences We will attend meetings concerning the Project when deemed necessary and, in addition, be available to attend meetings and conferences to explain the effects of the proposed financing. III. Consultation/Advice We will be available for consultation and advice. IV. Work Sessions and Seminars We will be available to conduct and/or participate in work sessions and seminars, which may be held to discuss the Project and methods of public financing. PHASE 11 ] Phase II services will commence upon appropriate action of the City directing the sale of the contemplated Debt°). Phase I services shall be deemed completed upon commencement of Phase II services. We will perform the following additional services in conjunction with the marketing of the Debt. I. Municipal Securities Market Furnish the City with information concerning current municipal securities market conditions and make recommendations as to the technical details of the financing, including maturity schedules, timds, covenants, redemption features, credit enhancements, derivative products and other details which will, in our opinion, make the proposed financing most acceptable to prospective purchasers and, therefore, marketable at the lowest possible cost. o) For purposes of this Agreement, Debt and/or "Bonds" means Bonds, Refunding Bonds, Certificates of Participation, Short-term Notes, Bond Anticipation Notes, Grant Anticipation Notes, derivative products or other evidence of indebtedness. -2- II. Sale of Debt/Negotiated Sale Project Coordination. We will assist the City staff in the coordination of the financing team including scheduling financing team meetings, updating project financing schedules and following up on financing assignments as directed by staff. . Consultation/Advice. Attend any other meetings concerning the Project when deemed necessary and, in addition, be available for consultation and advice at such time as all Debt to finance or retinaace the Project has been sold and therealter upon request. 3. Negotiated Sale of Debt. contemplated Debt to the recommendations to the City. Assist the City in negotiating the sale of the underwriter selected and make appropriate . Financial Review of Documents. Review the financial aspects of all documents relating to the marketing of the proposed Debt including the Official Statement, Disclosure Document and Purchase Agreement. . Due.Diligence Meeting. When a due diligence meeting is held, we will participate in such due diligence meeting and assist the City in the examination of pertinent financial data. . Multiple Sales/Security Review and Services to be Provided. In the event authorized Debt is sold in more than one sale or refunded, we will review the financial terms and conditions of each offering to determine to what extent, if any, there is an impact on the security of each series of Debt and we will provide services for each series in accordance with this section. III. Ratinu If deemed desirable, work with recognized rating service(s) in an attempt to obtain an advantageous rating of the Debt to be issued. IV. Insurance/Credit Facility If deemed desirable, we will assist the City in obtaining and analyzing the benefit of a letter of credit from a rated institution, a municipal bond insurance policy or other credit facility providing for guaranteed payment of principal and interest on the Debt. V. Attendance at Closinll We will compute closing figures, including accrued interest, and assist bond counsel in coordinating events of the closing. -3- ............................... P' O, Siz m I. Investment of Proceeds We will assist the City to arrange the investment of proceeds of the Debt. This includes soliciting proposals from various investment service providers. II. Additional Work If the City desires additional work beyond the scope of this Agreement including, but not limited to: studies; analyses; recommendations; financing plans or; writing financial policies, procedures and guidelines, it will be performed when authorized on a time and material expense basis in accordance with our then current fee schedule or other basis agreeable to the City and the Financial Advisor. ,FEES For all services to be rendered under Phase I and II of this agreement resulting in the negotiated sale of Debt hereunder, the City will pay us a fee for each sale of Bonds based on the following schedule: $ $ $ Over $ PAR VALtr~ OF ~ BONDS F~ES -1- to $ 2,999,999 $ 31,000 3,000,000 to $ 11,799,999 $ 42,000 12,000,000 to $ 19,999,999 $ 48,000 20,000,000 to To be Negotiated Fees for services rendered under Phase III will be billed at our hourly rates in effect at the time such services are rendered. (See Schedule "A", attached hereto, for schedule of our hourly rates.) EXPENSES The City will reimburse us for usual and customary out-of-pocket expenses, including, but not limited to, the cost of printing and distributing or updating the Official Statement, costs of financial advertising and costs incurred in connection with travel if such travel is necessary in the furtherance of the Project and is authorized by the City. In connection with such travel, it may be that we will be called on to advance the costs of airfare, hotel accommodations, meals, and other related expenses incurred on behalf of the Project. It is understood that such advances will be considered as an advance to the City and not to any City official. Any advances shall be reimbursed to us within thirty (30) days after expenses are incurred. If the financing transaction closes within thirty (30) days after expenses are incurred, then expenses may be paid from the proceeds. City officials may be required to report any advances which are not reimbursed within thirty (30) days of expenditures on their financial disclosure statements. In addition, if it is possible to obtain a rating on the Debt from Standard & Poor's Corporation and/or Moody's Investor Service and/or other rating service and/or if municipal bond insurance and/or any derivative product is available and determined to be beneficial, the City agrees to pay for the costs of such rating and insurance and derivative product. -4- PAYMENT Payment for all services rendered under Phase I and II of this agreement and expenses incurred pursuant to this Agreement shall be paid at the closing of each Debt issue. All hourly fees shall be due and payable monthly unless otherwise agreed to by the City and Financial Advisor. AooiTi0' 'AL 'TgRMS ................................................................] It is expressly understood that this Agreement does not intend to and is not under any circumstances to be construed as requiring the Financial Advisor to perform any services which constitute the practice of law; the Financial Advisor is employed in an expert financial advisory capacity only. It is further understood that the Financial Advisor will not be requested to participate in, render an opinion or make any representation regarding full disclosure of, or decisions as to which matters should or should not be included in the official statement, the adequacy of the source of repayment, investment of proceeds or the financial feasibility of the "Project". The City, landowners, developers, consultants and other parties dealing with the City or involved in the Project will be furnishing to us various data, reports, studies, computer print-outs and other information and representations as to the facts involved in the Project which the City understands we will be using and relying upon in preparing the reports, studies, computer print-outs and other work products. We shall not be obligated to establish or verify the accuracy of the information furnished by or on behalf of the City, nor shall we be responsible for the impact or effect on its work products of the information furnished by or on behalf of the City, in the event that such information is in error and therefore introduces error into our work products. If the foregoing Agreement is satisfactory to you, please take appropriate action to authorize its acceptance by signing and retuming the original copy hereof. Respectfully submitted, FIELDMAN, ROLAPP & ASSOCIATES Lawrence G. Rolapp, CIPFA President/Managing Principal LGR/dl -5- ACCEPTA,NCE Executed on behalf of the City of Temecula this ~ day of ,1998. By: Title: Date: -6- SCHEDULE SCHEDULE OF FEES EFFECTIVE JULY 1, 1997 Illll II I Illl I I II I I III II III I III Illl I , Principals of the Firm $195 Per Hour* Vice President $150 Per Hour Assistant Vice President $130 Per Hour Associate/Senior Associate $115 Per Hour Administrative Assistant $75 Per Hour Secretarial Staff $35 Per Hour *The rate for the Managing Principal will be $245. O0 per hour. -7- JAN--2?--98 TUE 11:54 INTERSTATE APPR 71447686~3 P.02 · iNTERSTATE APPRAISAL CORPORATION ESTATE APPRAISAL AND CON~I/LTATION WILLIAM ~ttl~W$1~l.~Y. MAI TEgRY TOMAN. MAI N~W'~ORT lt£^.CH. ¢ALn:ORNt~ 92~0-2713 (714) 4?64277 tAX (?re) 47~J3 FOUNDED t~l~i RlVl~RSIDf (909 45S.2.S~6 lanuary 26, 1998 Mr. Ronald E. Bradley City Manager City of Temecula 43174 Business Park Drive · Temecula Ca. 92590 Regarding Appraisal of: CFD No. ~ (Winchester Frfil~) located in Temeeula, Ca Dear Mr. Bradley: I am pleased to submit this proposal for real estate appraisal services on 548.0 acres located in Tamecula. California. It is my understanding that the assignn~nt will be to provide an opinion of the current "as is," market value of the fec simple interest, for the proposed plan of development, allowing approximatly 1,900 dwelling units on 548.0 acres. This iucludes 130 acres of service commercial. I1. Ftmct~o,n: The function of this report is to value the subject real estate for issuance of Special Tax Bonds pursuant to the Community Facilities District No. 98. III. SCope and Desc_rip~on of Interstate Appraisal Corporation proposes to couduct the necessary investigations and analysis leading to the preparation of a fully documented narrative appraisal report that will conform to the standards established by tile Appraisal /.nstiRlt~ in its Code of Professional Ethics and Standards of the Appraisal Institute, as well as the standards set out by the Appraisal Foutldation. JAN--2?--98 TUE 11:54 INTERSTATE APPR 714476865~ P. 03 IV. V, mad under the Minimum Appraisal Standards, section 323.1, Title 11, the Federal Financial Institution Reform, Recovery and Enforcement Act of 1989. I also will pcovtde a summary appraisal report which will be included in the bond offering. The report will eo~ider two traditional approaches to value: Sales Comparison, and the Discounted Cash Flow Analysis for the absorption period involved. My estimated 'as is' value will assume the bonds are in place, and funded. Providers of Service: Valuation services will ~ conducted by an MAI designated member of the Appraisal Institute as well as having a State Certification. William Shrewsbury will participate in all aspects of the appraisal process, as well as Terry Tornan MAI, and certify to the same. Fee_, Delivery Schedule a~d Nnmber of Reports: A, The fee for completing this assignment will not exceed $28,500. I would like the payment to be made in three installment. Upon signing the agreement $9,500, when the draft is delervery $9,500, and upon the f'mal report $9,500. B, Co The number of reports which will be delivered will be ten. Any additional reports will be furnished at a cost of $50,00 each. The delivery date for this appraisal will be by May 8 1998 if authorization to proceed with the apprasial is given by February 2, 1998. If not, I will have to reconsider the time period. I will submit a draft report 125 days prior to completion of the final report. Requ__,es,ted Information Pe _~Ini~ to the Pro?_~y__: Information which is needed,' in order to begin on the assignment can be seen below: Working drawings of the proposed improvements. A copy of current or the most recent preliminary title report or title policy. Copies of current land development costs to improve the proposed development which is assumed to be the highest and best use (1,900 dwelling units, and 130 acres of commercial). Copies of any marketing or absorption studies that have been competed. Chan~_e~ to the Contract.: If this as.~ignment substantially changes after the engagement of the contract then the fee will be rcnegotiated. JAN--2?--98 TUE 11:55 INTERSTATE APPR 7144768633 P.04 VIii. Statement of Qualification: Interstate Appraisal Corporation has been involved in many MelIo-Roos Bond developments some of which are: 1. County of Orange Foothill Corridor. Bill Price Phone 714 834-2571 2. Los Angeles County. Abel Morales Phone 818 458-7078 3. City of l.~dcaster 4. City of Parris 5. City of Carlsbad. Ms. Cheryl Allen Phone 760 ~34-2800 6. County of Riverside 7. County of San Bemadino I will furnish you with a statement that the City of Temecula is authorized to use my summary report in the preliminary and final Official Statement, and any other statements that are needed. Once I receive the information listed above and your authorization, then I will proceed with this assignment. If you would please sign the enclosed copy ~d rerum it to me, I would appreciate it. Should you have any further questions, then please call me. Cordially, Priesident~' Date: Authorization: Please note the General Conditions on the reverse side are a material part of this assignment. OlJ2?J98 13:10 QUINT & THIMMIG LLP NO.O12 QO1 ,)uint & ThimmigLLr Attorneys at Law 100 Pine Street, Suite 2525 San Francisco, CA 94111 TeLephone: 415/765-1550 Telecupier: ~15/765-1555 pthimmi~q~p.com January 27, 1998 VIA FAX Ronald E. Bradley, City Manager Genie Roberts, Director of Finance City of Temecula 43200 Business Park Drive Temecula, California 92589-9033 Peter M. Thorson, Esq. Richard, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, California 90071-1469 Lawrence Rolapp Fieldman, Rolapp & Associates 2100 Main Street, Suite 210 Irvine, California 92714 Re; Bond Counsel Services Agreement. Proposed Winchester Hills Financ'mg Authority Communi~ Facilities District No. 98-1 (Winchester Hills) Dear Ron, Genie, Peter, and Larry: Telecopied herewith is a proposed Agreement for Bond Counsel Services related to the above-referenced matter. The Agreement proposes that the first $15,000 of the fee be due and payable upon adoption by the Authority of a resolution of intention to form the CFD. All fees and expenses are payable ~olely ~om landowner deposits or bond proceeds. Please give me a call if you have any questions r~garding this enclosed Agreement. You will receive, via Federal Express, copies of the initial documents for the financing tomorrow. PJT:au .C_nclosureS Very truly yours, . Pail I. Thimmig, ti~1. ~/ 01/27/98 13:18 QUINT & THIMMIG LLP N0.012 Q02 AGR!~EMENT I~OR BOND COUNSEL SERVICES BY AND BETWEEN THE WINCHESTER HILLS FINANCING AUTHORITY AND QUINT & THIMMIG LLP, FOR BOND COUNSEL SERVICES IN CONNECTION WITH BOND PROCEEDINGS THIS AGREEMENT is entered into this 10th day of February, 1998, by and between the WINCHESTER HILLS trINANCING AUTHORITY (&e "Authority") and QUINT & THIMMIG LLP, San Francisco, California ("Attorneys"), WITNB $ S £TH: WHEREAS, the Authority is considering the issuance of bonds (the "Bonds") under the Mello-Roos Community Facilities Act of 1982 for the purpose of providing funds to refinance existing fixed special assessment liens levied on property in the City of Ten~cula (the "City") currently owned by Winchester Hills I L.L.C. and located in the County of Riverside Assessment District Ho. 161 (Winchester Properties) and County of Riverside Assessment District No. 156 (Ynez Road); and WI-I~I~AS, in connection with such financing the Authority requires the advice and assistance of bond counsel. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, the parties hereto do hereby agree as follows: Section 1. Duties of Attorneys. Attorneys shall do, carry out and perform all of the following services as are necessary for the issuance of the Bonds: (a) Consultation and cooperation with the City, the City Attorney, the City Manager and all other officers and employees of the City and the Authority, with the underwriter, financial advisor, special tax consultant and other professional firms engaged by the Authority with respect to the issuance of the Bonds and assisting such persons in the formulation of a coordinated financial and legal financing from the proceeds of the Bonds. (b) Preparation of all legal proceeding~ deemed necessary or advisable by Attorneys for the authorization, issuance ~nd delivery of the Bonds; lncludin$ preparation of (i) documentation required for the issuance of the Bonds by the Authority, including a fi~cal agent agreement or resolution authorizing the issuance of the Bonds, all documentation required to be executed by the Authority in connection with the delivery of the Bonds to the purchaser thereof, and all agreements providing collateral security for the Bonds except as may be within the scope of responsibility of any attorneys representing other.parties to the transaction, (ii) necessary California Debt and Investment Advisory Comnu~ion filings and other report~ and documents required to be filed by the Authority in connection with the issuance of the Bonds, (iii) certificates, deeds, requisitions, receipts and other documents required in connection with the delivery of the Bonds to the original purchaser thereof, and (iv) other Pdroceedings of the Authority incidental to or in connection with the issuance, sale and elivery of the Bonds. (c) Application for any Internal Revenue Service or other rulings deemed necessary by Attorneys (but only following consultation with and approval by the City) 01x2?x98 13:18 QUINT & THIMMIG LLP N0.012 QOE to ensure the exemption of interest on the Bonds from federal or, if applicable, State of California personal income taxation. (d) Advising the Authority as to the need to register the l~onds under applicable federal securities laws or to obtain a permit to issue the Bonds under applicable State of California securities laws, or to obtain no-action letters or similar determinations from the Securities Exchange Commission or California Corporations Commission. (e) Subject to the completion of proceedings to the satisfaction of Attorneys, providing a legal opinion (9 approving the legality of the proceedings of the Authority for the authorization, issuance and delivery of the Bonds, and (if) stating that interest on the Bonds is excluded/tom gross income for federal income tax purposes and is exempt /rom State of California personal income taxation. (f) Legal consultation requested by the City concerning the Bonds and any resolutions, certificates, ~eeements and other documents relating to the authorization, issuance and delivery of Bonds at any time following issuance of the Bonds. (g) Attorneys shall perform such other and further services as are customarily performed by bond counsel on similar financings. Attorneys shall not be responsible for the preparation or content of any official' statement or other offering document prepared by or on behalf of an underwriter or financial consultant other than to examine any such official statement or other offering document as to the description of the Bonds and related financial agreements drafted by Attorneys and as to matters within Attorneys' knowledge (without undertaking any independent investigation thereof). Attorneys shall not be responsible for (i) compliance by the City or the Authority with arbitrage rebate requirements under federal tax law, other than to render advice as to the legal interpretation of such requirements as set forth in the documents relating to the Bonds, (if) any continuing disclosure required under federal securities laws related to the Bonds, or (iii) the representation of the City or the Authority in connection with any litigation involving the Bonds. Without limiting the generality of the foregoing, Attorneys shall not be responsible for preparing any calculations or documentation to establish compliance with such rebate requirements or otherwise for computing the amounts required to be rebated, for preparation or review of any continuing disclosure statements concerning the Bonds, or for providing any litigation services related to the Bonds, without a separate agreement between the Authority and Attorneys. Section 2. Compensation. For the services listed in Section 1, Attorneys shall be paid a percenta§e fee, a lied to the a§~e§ate principal amount of the Bonds issued, e ual to the sum PP q of: (a) one and one-half percent (1-1/2%) of the first $1 million principal amount of the Bonds, plus (b) one-half percent of the next $5 million principal amount of the Bonds, plus (c) one- quarter of one percent (1/4 of 1%) of the next $15 million principal amount of the Bonds, plus (d) one-eighth of one percent (1/8 of 15'o) of the remaining principal amount of the Bonds. In addition, the Authority shall reimburse Attorneys for all out-of pocket costs and expenses incurred by Attorneys in connection with their services hereunder for messenger and delivery services, photocopyin§, legal publication, out-of-state travel, and the cost of preparing transcripts of the proceedings for closing purposes. The first $15,000 of said compensation shall be due and payable, and shall be completely earned by Attorneys, u on adoption by the Authority of a resolution of intention to P form a community facilities district. Said amount shall be paid solely from a deposit advanced by the proponents of the community facilities district for which the Bonds will be issued, and OlJ2?x98 13:10 QUINT & THIMMIG LLP NO.O12 Q04 shall be credited against the total amount due to Attorneys hereunder if the Bonds are issued. Pa!~mcnt of the remainder of said compensation shall be c, ntirel!l contingent upon the successful issuance of the Bonds, and slmll be pal/able solel]~ from the proceeds of the Bonds and ~om no other funds of th~ Cit~ or the Authority. Section 3. Responsibilities of Authority. The Authority.shall cooperate with Attorneys and shall furnish Attorneys with certified copies of all proceedings taken by the Authority and deemed necessary by Attorneys to render an opinion on the validity of the Bonds. All costs and expenses incurred incidental to the actual issuance and delivery of the Bonds, including the cost and expense of preparing certified copies ot proceedings required by Attorneys in connection with the issuance of the Bonds, the cost of all printing and publication costs, fees and expenses of parties other than Attorneys, costs and expenses of legal advertising and all other expenses incurred in connection with the issuance of the Bonds, shall be paid by the Authority from the proceeds of the Bonds and shall not be the responsibility of Attorneys. Section 4. Termination of Agreement. This Agreement may be terminated at any time by the Authority with or without cause upon thirty days written notice to Attorneys. In the event of such termination, all finished and unfinished documents shall at the option of the Authority become its property and shall be delivered to the Authority by Attorneys. IN WITNESS WHEI~OF, the Authority and Attorneys have executed this Agreement as of the date first above written. WINCHESTIeR HILLS FINANCING AUTHORITY Executive Director QUINT & THIMMIG LLP By Paul J. Thimmig, Parmer 23o04.01.I3~99 01127198 From: Alan C. Kapanicas To: Fax~694.1999 Date: 1/27/98 Time: 4:10:20 PM Page 1 of 3 General Government Management Services 30438 Cortc Santalina, Murricta, California 92563 Telephone: 909.698.6443 Telecopier: 909.698.0937 E-Maih ggms~pe.net January 27, 1998 Mr. Ron Bradley, City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 via fax: 909.694.1999 2 pages cc: Larry Rolapp Subject: Special Tax Consultant Services for Community Facility District 1998-1 (Winchester Hills) Dear Mr. Bradley: Please accept this letter proposal for Special Tax Consultant Services in the formation of this Community Facilities District (CFD). This proposal includes the necessary steps to assist in the review of a CFD Report, special tax formula, and rate and method of apportionment, and in the preparation of the required boundary map. A detail scope of work and related fees is attached for your review. Compensation for this agreement is based on a fixed component and a contingency component. The amount of the fixed component shall not exceed $3,500, payable from the developer's deposit The contingency component will be billed and payable only if the District is formed and bond financing is obtained. I appreciate the opportunity to provide special tax consultant and financial assistance services and look forward to working with you and your financing team. If there are any questions or if you need additional information, please call me at (909) 698-6443 or I may be promptly paged at (909) 791-0150. Sincerely, Alan C. Kapanicas Principal and CEO ~oposal/wcstsidc ~a~th~ty/old town From: Alan C. Kapanicas To: Fax#094.1999 Date: 1127198 Time: 4:10:20 PM Page 2 of 3 Special Tax Consultant Services for Community Facility District 1998-1 (Winchester Hills) We are proposing the following scope of services and compensation: TASK DESCRIPTION FEE CFD REPORT REVIEW Attendance at City Council meetings (ROI and Public Hearing), review cost analysis, tax spreads, and report. (Lump Sum) $ $ 2,500 TAX FORMULA REVIEW Review maximum tax calculation including data and method for setting the special tax, and rate and method of apportionment report. Attendance at up to two project meetings. (Lump Sum) $ 3,500 MAPPING SERVICES Preparation and filing of a map of the District boundaries with the proper descriptions as required by Bond Counsel, and the County. (Per Recorded Map) $2,000 FINANCIAL ASSISTANCE Assist with the bond issuance, review/prepare debt service and related schedules, assist the City, Bond Counsel and all other financing team members with information related to the taxing formula as shown in the related disclosure documents. (Lump Sum) $ 3,500 Total Compensation: $11,500 Contingency Based on Issuance of Bonds: $8,000 Fixed Fee, Payable from Developer Deposit: $ 3,500 MARKET ABSORPTION STUDY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) TABLE OF CONTENTS Section: I: Market Absorption Study II: List of Bond Issues, Resume and References III: Types of Materials Utilized in Presentation EMPIRE ECONOMICS Economic-Real Estate Consultants Joseph Thomas Janczyk, Ph.D. 35505 Camino Capistrano, Suite 200 Capistrano Beach, CA 92624 Phone: (714) 661-7012 Fax: (714) 661-8763 January 26, 1998 Mr. Ronald E. Bradley City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 Re~ Market Absorption Study Community Facilities District No.98-1~ Winchester Hills Dear Mr. Bradley: Empire Economics is pleased to provide you with a description of the Market Absorption Study for the City of Temecula's Community Facilities District for Winchester Hills, hereafter referred to as CFD No.98-1: Winchester Hills. Components of the Market Absorption Study To facilitate your review of Empire Economics' Market Absorption Study, it has been partitioned into the following components: 1. Credentials/Qualifications and Bond Financing Experience 2. Approach to Performing the Market Absorption Study 3. Scope of the Consulting Services to be Performed 4. Presentation/Dissemination of Absorption Schedules 5. Time Schedule for Conducting the Market Absorption Study 6. Factors Underlying Consulting Fee 1. Credentials/Qualifications and Bond Financin~ Experience Empire Economics is an economic-real estate consulting firm that specializes in conducting market absorption studies for residential, commercial, and industrial projects located throughout California, with an emphasis on Master Planned Communities and Business Parks in Southern California, including Riverside County. Empire Economics conducts market absorption studies for public entities, in order to avoid potential ~ conflicts of interests" that may occur if consulting services were also provided to developers/builders; this enhances the credibility of the study in the municipal marketplace. Empire Economics' experience with municipal tax-exempt issues during the past fifteen years has been as follows: * Mortgage Revenue Bond Financings: Over fifty issues with bonds amounting to over $1,700,000,000. * Mello-Roos/Assessment District Financings in which bonds have been sold: Over one-hundred issues with bonds of approximately $2,000,000,000. * Mello-Roos/Assessment District Financings that are presently in their formative stages: over twenty issues that have expected bonds amounting to $500,000,000. * Socioeconomic Forecast/Market Study for the refunding of the San Joaquin Hills Transportation Corridor (SJHTC), a seventeen mile toll road located in south-coastal Orange County. During the process of securing a rating for the Bonds, Empire Economics had meetings with the three rating agencies (all of whom subsequently provided investment grade ratings) and also the Bond Insurer, MBIA (which insured over 50% of the Bonds.) Additionally, on an investor tour in California, New York, Boston, and Chicago, Empire Economics made more that ten presentations to over thirty major municipal Bond Funds. The SJHTC Bonds, amounting to $1.5 billion were successfully refunded in September 1997: for thirty year bonds, an insured yield of 5.5% and an uninsured yield of 5.7%. Consequently, Empire Economics has a considerable amount of experience with the special characteristics of the Market Absorption Study that are required for Community Facilities District Bond Financings as well as the particular types of information that the other consultants utilize from the Study, such as the Appraiser and Special Tax Analyst. Additionally, Empire Economics is familiar with the types of information that are required for use in the Official Statement. With respect to the County of Riverside, in particular, Empire Economics has conducted numerous Market Studies for Mello-Roos and A~e~ment Di~triet~ located throughout Riverside County, including Assessment Districts #159 and #161. Consequently, the Bond Funds are familiar with Empire Economics, in general, and also the Market Studies that it has conducted for Planned Communities and Business Parks in the County of Riverside, in particular. Please refer to Section II for a list of Bond Issues for which Empire Economics has conducted a Market Absorption Study, the resume for Joseph Thomas Janczyk, and also references. 2. Approach to Performinq the Market Absorption Study The principal consultant for the Market Absorption Study is Dr. Joseph Thomas Janczyk. He will design the economic real estate model for CFD No.98-1: Winchester Hills and attend the relevant meetings with the City of Temecula. Additionally, he will be assisted by his staff, which will be responsible for the compilation of the economic and real estate data required for the research. Copies of the Market Absorption Study will be provided to the appropriate parties and discussed with them; additionally, a "Summary and Conclusions" of the Study will be provided for the Official Statement. 3. Scope of the Consulting Services to be Performed The purpose of this section is to provide an overview of the consulting services that will be conducted for the Market Absorption Study for CFD No.98-1: Winchester Hills. Accordingly, to perform a comprehensive analysis of the macroeconomic and microeconomic factors that influence the absorption of the forthcoming residential, commercial, and industrial projects in CFD No.98-1: Winchester Hills, Empire Economics' Market Absorption Study conducts a systematic analysis of the following: Identification of the Proposed Product Mix~ The most probable product mix for the future residential units and commercial-industrial acres in CFD No.98-1: Winchester Hills, will be identified based upon the planning approvals for the properties as well as the development/marketing strategies of the developer. Specifically, according to the planning approvals, CFD No.98-1: Winchester Hills is expected to contain some 1,500+ single-family detached housing units as well as 130 acres for various commercial-industrial products. Empire Economics will meet with the developer to obtain information on prices/features of the residential, commercial, and industrial products that are expected to be offered. Macroeconomics Components * The Market Region's, Riverside County's, future employment growth is forecasted for the 1998-2005+ time period. This involves an economic base analysis of the recent employment growth, as a whole, as well as the composition of this growth by various economic sectors, in particular, along with the expected employment trends and patterns during this time period. Based upon Empire Economics' experience in conducting 150+ Market Studies, these macroeconomic factors are regarded as being the most significant determinants of the actual performance of Planned Communities and Business Parks in the marketplace, and, as such, they represent a critical component of the Market Absorption Study. * Empire Economics then uses the Market Region's employment forecasts to derive estimates of the Riverside County's future population growth and housing demand during the 1998-2005+ time period. * Next the proportion of Riverside County's future employment, residential, and commercial-industrial growth that is expected to be captured by the Market Area for CFD No.98-1: Winchester Hills is estimated. Based upon recent research that Empire Economics has conducted for other Planned Communities in Riverisde County, the Market Area for CFD No.98-1: Winchester Hills encompasses those cities that are located in southwestern portion of Riverside County, including Temecula and Murrieta as well as the surrounding communities. Microeconomics Components * The microeconomic analysis focuses upon the competitiveness of the projects/properties in Winchester Hills as compared to the competing Planned Communities, Commercial-Retail Centers, and Business Parks projects within the Market Area, the southwestern portion of Riverside County. The analysis deals with various regional factors as well as the specific features/attributes of the District' s active/forthcoming projects. The competitiveness of CFD No.98-1: Winchester Hills housing products is evaluated based upon a systematic analysis of the expected characteristics of the forthcoming projects in the District with the comparable/competing projects. Specifically, this involves a consideration of their respective locations, prices, lot sizes, living areas, amenities and other factors. The demand for commercial-retail support establishments is derived by using the number of existing/new households in the CFD No.98-1 - Winchester Hills Local and Regional Trade Areas and their purchasing power, along with the various ratios for sales/sq. ft. and leasable sq. ft./acre. This is then compared to the amount of existing commercial space, for each of the market segments, to identify existing/future development opportunities. The demand for CFD No.98-1 - Winchester Hills industrial- office products is estimated, based upon the Market Area's total employment growth and the expected share of this demand for these types of products, such a warehouse- distribution, manufacturing and others, considering their locations, prices and other competitive factors. Absorption Schedules The market absorption schedules for the forthcoming residential units and commercial-industrial acres in CFD No.98-1: Winchester Hills are presented in the following manner: · Aggregate Absorption Schedule: This analyzes the market demand and supply conditions for all of the residential, commercial and industrial product types in CFD No.98-1: Winchester Hills, as a whole. · Specific Absorption Schedules - Each Products This involves a disaggregation of the aggregate absorption to the various types of land uses, and for each of them, the absorption by the product types that are expected to be offered, from market-entry through build-out. This process is necessary to provide the relevant absorption information to the Appraiser and Special Tax Analyst. Therefore, the Market Absorption Study systematically proceeds from the macroeconomic analysis of CFD No.98-1: Winchester Hills Market Region's future employment, population, and housing growth to the microeconomic analysis of the competitiveness of its projects to the absorption schedules for each of its residential, commercial and industrial products. For an example of the types of materials that Empire Economics utilizes to present the results of its Market Absorption Studies, please refer to Section III. Presentation/Dissemination of Absorption Schedules Based upon Empire Economics' previous experience in conducting Market Absorption Studies for Mello-Roos Districts, Empire Economics will provide the key results in a convenient form for the other professionals. Appraiser~ Empire Economics will provide the Appraiser with absorption schedules for each of the product types, with respect to the number of units/acres absorbed each year, from market-entry to build-out, as well as their composition by market segments. Special Tax Analysts Empire Economics will provide the Special Tax Analyst with the estimated absorption schedules by product type, so that the amount of Special Taxes that are expected to be paid by the developer/builder (as compared to the final-users/homeowners) can be calculated. Financial Advisor/Underwriter .. Empire Economics will provide copies of the Market Absorption Study for the participants in the Bond Issue and furnish a "Summary" of the Market Absorption Study for use in the Official Statement. Time Schedule for Conductinq the Market Absorption Study Since Empire Economics has a background in performing Market Absorption Studies for Community Facilities Districts, the proposed time schedule allows for an interaction with the financing team, so that the final study is utilized in a timely and effective manner. Draft Study/Absorption Schedules. . . four weeks Final Study ...... six weeks Therefore, Empire Economics will deliver the draft study in four weeks after the commencement of the study, and the comprehensive Market Absorption Study within five weeks. 6. Factors Underlying Consulting Fee Empire Economics' fee schedule is based upon the costs of providing consulting services for a Market Absorption Study that is appropriate for a Bond Financing. Specifically, the comprehensiveness and scope of these consulting services are obtained from discussions with prospective bond purchasers, the Bond Funds, in terms of the analysis that they regard as being appropriate. Empire Economics maintains contact with the Bond Funds through seminars, meeting, and telephone conversations. With respect to the scope of the consulting services, these need to be comprehensive enough so that they clearly demonstrate to prospective bond purchasers the marketing prospects for the forthcoming residential, commercial and industrial projects in CFD No.98-1~ Winchester Hills; the scope of consulting services defined herein will clearly address all of these factors. Accordingly, the financial consideration for conducting the Market Absorption Study for CFD No.98-1: Winchester Hills is $16,000. The retainer, invoiced upon approval of the Agreement, is $10,000 and the final payment, invoiced upon completion of the study, is $6,000. The fee includes providing the key results to the Appraiser, Special Tax Analyst, Financial Advisor and Underwriter, and providing a "Summary" for the Official Statement, attending the relevant meetings and answering questions that the bond purchasers may have. Closing Comments The Market Absorption Study will provide the City of Temecula with a means of establishing a Time Framework for the development of the properties in CFD No.98-1: Winchester Hills. Specifically, the Time Framework will guide the phasing of the infrastructure and also provide a foundation for the appraisal process as well as evaluating the shares of Special Tax payments for the developer/builders as compared to the final-users/homeowners. It has been our experience that projects which establish such a Time Framework utilizing a reallstlc/con~ervative economic scenario significantly enhance prospects for their success! If you have any additional comments or considerations, contact me as I would be pleased to respond to them. I am looking forward to assisting you with the Bond Financing for CFD No.98-1: Winchester Hills. Ph D k! · · cc: Mr. Larry Rolapp JTJ:rm ii MARKET, ABSORPTION; STUDIES !'FOR BONDISSUES ... ~ty of ~ ~elee= :::~: lJOl: County of ~a ler~ino .................... 4,110,000 lJJl: C~[Y of h~Clltlr ........................... SJ,000,000:.:: ZJJI: Couty of ~n leonine .................... S17,065,000 ... 1901: testy of Lot ~geles ....................... $I.ISS,000 1~91: Co~nty of hi liraSlie .................... S~.43S,000 1~1~: County of LOS ~gelel ....................... SS,I]S,000:::f lJJl: County of ~l le~ua~tlo .................... S5.310,000 lJJ2: COUty Of Log Angeles ....................... S30,100,000~:::~ lJtl: ~le Valley ~ter DAs~rict ................. ~2.121.000 IS~3: Couty of Leo ~gelel ....................... SI,950,000~:::::: lJl?: [[ld~ lehool Dlltr~ct .................... S3,1~S.000 ::.: lJJd: COVlty of ~Ol ~gele8 ....................... S12,~50,000 ::.::::lJlg: Et~ School niltrier .................... S4.270.000 lJll: county of Los ~geles ...................... 814,235,000~:~:~Couty of ha 1919: county of Log Angeles ...................... S20,020,000.~..1917: C~ty of PM~ ............................... ~:::199~: C~F of P~y ............................... Sl,000,000 lJlJ: Clpllt~no Unlf~ School niltract .......... 854,??S,000~:~['1919: City of PMy .............................. S30,000,000 1990: Cap,Irene Uaif~ Sch~l D*ltrtct .......... S36,l?0,000:~::.:1991: City of hu Dl~o ........................... lJJ]: clpil[rllO U[t[~ School Dlot=Lct .......... 81,~1S,000lJll: C~ty of hu ~rcoa .......................... S13,300,000 IJIS: Cap~atnno un~f~ School g~str~ct ......... 812,500,000:~(':Other loll: County of O~age ............................ 815,~IS,000'~:1~S4: County of El ~do ......................... 1981: County of O~nge ............................ 87.08~,0001990: C~ty of Camrlllo ........................... lJll: Couty of O~uge ............................ S1~,140,000::~::lJJ4: City o[ ~11nd ............................ 1981: testy of o~uge ............................ SI,250,000... ,, lOlO: County of O~uge ............................ S20,000,000.............. ~ DI~I~D lJlO: Co~nty of O~nge ............................ S10,32S,000Coyly of ~ ltlJ: Co~n~y of Oringe ............................ S11,275.000:fill: C~[y of ~a~lltlr ........................... SS.000.000 lJlO: County o[ Orange ............................ Sll,J10,000lJl?: C~ty of ~nCllter .......................... 1989: County of Orange ............................ S2,130,000Co~y of Om~e: lJlJ: Co~aty of Orange ............................ S~,20~,000lJJ]: County of Orlage ............................ S4,330,000 1990: County of orl~gl ........................... SI,090,000 1~00: County o[ Orlage ............................ S~.115,000lJ14: CJty of Coronl .............................. S3~,000.000 lJ~0: Co~ty of Orange ............................ S22,010,000lJll: City or Corona .............................. S33.79S,000 lOJO: County o[ eraage ............................ S24.19S,000lJll: C~ty o[ ~111 hlert ......................... lJO0: County of Orl~ge ............................ S3i.010,000lit4: County of Rjverside ......................... S29,~32,229 1~3: C~nty or Orange ............................ S30.~?~.000testy of ha BirMYShe: lJll: County of OFlage ........................... S1.~1~,000lJ12: C~ty of entitle ............................. SI~,000,000 ISII: County of Orl~ge ........................... S~3.[1~.0001~16: C~ty of Ontario ............................. lJlJ: County o[ Orange ........................... S6,100,000lJlS: County of Son lernirdlno .................... S3~,315.000 1~I: County of orlnge ........................... SS.200.000lilT: Co~atF o[ Son [eFai~2no .................. log2: County o[ Orluge ........................... S11~ 250.000lJll: County o[ son lernirdtno .................... S33.1~0,000 1~16: Slddleblc[ Valley Ual[led School Dllt ....... S9.200,000I~11: County Of Sin !ernlrdlno .................... 1~1~: SlddllblC[ Valley Unl[lld School Dllt ....... S3.940.000lJ14: Tri-Cxty Co~orltl CeateF ................... S20.000.0~0 lJl~: Slddllblc[ villey Uu~[xed School ~8[ ....... S2,4S~.0001994: Sl~ ~rcol P~llc FIC~II[IOI A~thoFxty ...... S6,000.000 ]~Jl: Slddllblc[ vllley Un2[led School Dllt ....... S8.970.000O~her Countiel: lJOl: Slddllblc[ Vllley Ullflld School gill ....... SS,~I~,000 lJJl: Co~[y of Ve[turl ........................... 1SOl: SlddllblC[ Vllley Uai[lld School ~ilt ....... S11.3~0.0001916: County or Yolo ............................ County of Riverlade: 1994: County o[ Rzverlxde ......................... S~.29~,124 ---; .... ~ ......... MARKS-~S MND IS~S ........................ 1994: ~elulo~t F]~l~cing Authority-Seizes A ....... S7,53~.000 County o[ O~lge: 2~4: lll~1Olt F~ne~c~eg Avthorlty-Serlll B ....... $2,?)~,000 ltll: County ot O~lage. AI~IO V~I3O .............. S162.~60.000 ~1~: City ot Cozoll .............................. $15.000.000 l~li: Comity at O~l~gt, AlllO Viejo .............. 1~17: City of Corona ............................. S~2.000.000 1~4: County of Orange. Foochtll Area ........... S23t,310.000 1~1~: C~ty of Corona ............................. S2?.000.000 1t~4: Santa ~rglrlta/~na Point Authority .... ~5~.010,000 ~0: C~y of Co~o~m ............................ S~,~0.000 1~4: Seaca ~rgir~ta/~al Point Authority ..... S130.110,000 1~0; C~ty of Corona .............................. $21,~50.000 1~90: C~ty of Corona .............................. S~3.215.000............... ~E ~E ~D ISSUES ..................... 1t1~: City of RlVirlidl.. $1,000.000County el ~ I Aigilll: ......................... 1~17: C~ty of R~vezslde ....................... Sl~,000.000 1~14: City o[ AZ~II ............ { 2 lll~el 1~!1: C~cy of R~verslde .......................... S20.400.000 1t14 C~ty o~ Cov~aa ........... ( 2 Issues } ..... 1~: City of Riverside .......................... $1.t45.~10 1~15: City o~ D~bey ............................. S4.000.000 1~19: City ot Sea Jec~nto ......................... S26.000.0001~15: City Of El Monte ......................... S16,000.000 1~1~: County of R~vers~de ........................ Sl:.000.000 1113: C~ty ot ~laClltlt ........ [ ] Ill.el I .... $71.1~0.000 l~l&: County o~ llvltlldt ........................ S]),000.000 117t. C3ty ot Moatcla~r ............... 1~1~: County of Rtvetllde .................... ~12.000.000 1~14 City ot Montebello..' ....................... ~11: County of ~iver~de .................. S20,000.000 l~l]: C~ty ot POlO~l ........... ( 2 ]ilUll ....................... · : 1~0: Jur~pl Colm~aity SeTvlcel DJBtrtct ..... $12.&05.000 CoMaty o[ RiverlJde: 1~0: T tic 11 Vlllly ~tJ~ ~cbool ~11t ........ S12.il~.0001114 C~ty ~t ~d~o .............................. e : .................... ~ ~to .......................... S~.~O.0001~ C~ty o[ P~I~ ~s ..................... ~1~,~0,000 1~0: City o[ COltO~. S~,~.0001~: C~y o[ S ~ ~to ........................ ~10,~00,000 .......................... 1~0: City O[ ~01~0~ ........................... S4.~.~0~ Co~ty o[ ~ B~r~o~ 1~0: C~t~ o[ ColtO~ .............. ~,tO~.O~O 1~) CI~y o[ 0~o .......... I ) I~ 19~0: C~ty of H~gblend ................ $15,]70.000 1914 City ot Sin BeTal[diDo ( ~ ISSUes J. 1~17: Ch~o UGtt~ed School DJst~ct ........... $1.~6~.000 1~15 C~ty o~ [sco~d~do ......... $1~.000.000 l~e~: Colto~ ~o~at U~t~ed School D~str~ct ...... 1111: Co~ty o[ S4~ Ber~rdtao .................. $4.~0.00~ .............. CE~/FICA~ OF FA~ICIPATIOM .............. l~li: Co~ty o[ Si~ Beralrd~ao ................. EMPIRE ECONOMICS EMPIRE ECONOMICS, LLC Economic-Real Estate' Consultants Joseph Thomas Janczyk, Ph.D. During the past twenty years, Dr. Joseph T. Janczyk, president of Empire Economics, has prepared market absorption studies for more than two hundred planned Communities and Business Parks, providing the comfort level required for numerous California counties, cities, school districts, water districts and other special districts to initiate financings for over five Billion dollars worth of capital improvement projects. One of Dr. Janczyk's most notable market absorption studies was for the San Joaquin Hills Transportation Corridor, a seventeen-mile toll road located in south coastal Orange County. His specialized knowledge and active participation as a member of the finance team during the rating agencies and bond insurance meetings as well as presentations to over thirty municipal bond funds was key in the issuance of $1.5 billion in refunded revenue bonds, including a AAA rating for the insured bonds. Dr. Janczyk focuses on assuring his public agency clients that the proposed developments are both efficient (that there is a real demand for the forthcoming residential, industrial, and commercial office products) and equitable (that the public entity's reputation is protected in the marketplace by reducing the potential for foreclosures or defaults). He has an outstanding reputation for providing sound economic advice to the public sector, and minimizes the possibility for conflicts of interest by not providing services to the private sector, such as developers/builders. His affiliations include the National Association of Business Economists, the Appraisal Institute, and the California Association of Realtors, amongst others. He has been a featured speaker at numerous seminars including the Municipal Bond Analysts, California Debt Advisory Commission, California Association of Realtors, and Moody's Investor Services, amongst others. Dr. Janczyk received his Bachelors degree in Economics and Psychology from the State University of New York, and his Masters and Doctorate in Economics from the University of California. As a tenured Economics Professor at California State University, he taught courses in microeconomics, macroeconomics, regional economics, and computer modeling. To complement his background in economics, he has become a licensed California real-estate Broker and an MAI Candidate, having completed his course-work as well as a substantial amount of the required appraisal experience credits. EMPIRE ECONOMICS - REFERENCES County of Orange: Ms. Marian Beacham Senior Bond Analyst County Executive Office 10 Civic Center Plaza, 3rd Fl. Santa Ana, CA 92701 (714) 834-6036 Transportation Corridor Agencies~ Mr. Wally Kreutzen Chief Operating Officer 201 E. Sandpointe, Suite 201 P.O. Box 28870 (92799-8870) Santa Ana, CA 92707 (714) 513-3413 County of Riverside: Ms. Linda Thomason Deputy Director of Finance 4080 Lemon St., 12th Floor Riverside, CA 92501-3651 (909) 275-1112 City of Corona: Mr. Elray Konkel Finance Director 815 West Sixth Street Corona, CA 92720 (909) 279-2500 Jurupa Community Services Districts Ms. Carole McGreevy Secretary of the Board 8621 Jurupa Road Riverside, CA 92509 (909) 685-7434 0 crJ m UJ Z IJJ I- UJ X .. ,i '~ ~ I~:~ ,~ :~~ ._. a. ~ ! ,~%:..". : i ~ I ~.i < o %':. i~r" ~ i , ~ ~', ~ ~:,.'."1~! ' · ' · ' ~ ' o ~ ~ ~ , ";"'· ' ' ' :.;%.. i~!~ ~"' ~ "-' : , ~ ; · E; ~ ~ ~ ~ I ~ i :'.' ' , ~ ....~..... ,i ,, :.:~...., i I ' I i i ~ k-~-~--.. ~ .~...... :~.: :'~ ~ .~ ~ ~ ~~.. ~ .~ ...!:....~ ~ ~,, . . . · ...... ~ ~ ~ ~ z~~, ~ '"': :. :'~0~.~ ~H~ , ~ - ' ~ .....,. . ..... .. . . ',,, z '.: .... "~' "" "',' · · .... ii ~ ". . . .'. : ... . .' ..................................................... ~ . '";~' "'T ......... ~'=-~ ..... fi i'~ ........... ~ ..... ~--~ .... .:.,.:.,?~' · . "~" ': .... ~---:'"7 .... ~ ..... , ...... r .... . ' z :..;:'L~ ~Y;:;~t~;:,::~'.:l o ~ : !:~,~:?:'?: ~::'~'~:~::':~:'?~ "~:~:':: ~ I .. '......~:---~~- ~ ~: · I ..o...... i I///::t::':..~.'...' . ....~.~.~.~..~.e ~ ~..q ~ q..~ , ". ~ ..... ~~:-..-.:.. ... . .~ E ~ ~.-~' ~...~ ..e..~.',.........: · ' xq~nN~-~9~O ~0 ~z~ ' ' J Z~~X~'~M~ ,, · '" d ,..'1 UJ 'I- I- UJ UJ IJJ ~ ~ ~ o. ATIVItNNV- CI'1OIB ~BIIK)H dO ai~N11N " All~I'!tNN¥' G1OG'G~tIOfi dO IIB~.NJtN ITEM 17 APPROVAL 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 January 27, 1998 Hold Public Hearing for Acceptance of Local Law Enforcement Block Grant Funding Award PREPARED BY: Melinda Flores, Senior Management Analyst'-'~ RECOMMENDATION: That the City Council hold the Public Hearing and take the following actions: DISCUSSION: Staff is requesting that the Public Hearing be continued to February 24, 1998 due to scheduling conflicts in setting up an Advisory Board Committee meeting to consider the proposed use of funds for the Local Law Enforcement Block Grant program. ITEM 18 CITY ATTORNEY FINANCE DIRECTO CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony J. Elmo, Chief Building Official ./ February 10, 1998 Administrative Citations Prepared By: RECOMMENDATION: I . Cindy Keirsey, Code Enforcement Officer That the City Council hold a Public Hearing and: Adopt an Ordinance entitled: ORDINANCE NO. 98- 'AN ORDINANCE OF THE CITY OF TEMECULA ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE TEMECULA MUNICIPAL CODE." o Adopt a Resolution entitled: RESOLUTION NO. 98- 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ADMINISTRATIVE CITATION SCHEDULE FOR THE PURPOSE OF SETTING FORTH ADMINISTRATIVE FINE AMOUNTS.' DISCUSSION: Currently for violations of the Temecula Municipal Code a criminal citation is issued which is a Notice to Appear in Court. The citation is either an infraction, punishable by up to a $100.00 fine or a misdemeanor which is punishable by up to ~ 1,000.00 fine and/or 6 months in jail. All fines collected are held by the court. The Code Enforcement Division uses Citations conservatively, and only after repeated warnings are given. Administrative Citations are intended to be used as a means to expedite the abatement process and act as a deterrent in cases where voluntary abatement efforts are unsuccessful. R:\BROCKMERAGENDA\ADMCIT.PRO 2/2/98 cb BACKGROUND: Staff typically spends excessive hours in enforcement of these cases. Currently, a Notice to Appear in Court is issued and the case is referred to the district court for handling and collecting of forfeiture of associated fines. This program, unlike the current citation program, will provide the code enforcement officer the ability to more efficiently deal with cases where voluntary compliance has not been achieved, by levying a fine for such non compliance to be forfeited to the city instead of the district court. Further, this program allows for a hearing to be offered to the violator thus providing staff a further method of working with violators toward obtaining voluntary compliance. The graduated fine schedule has been developed as a deterrent for those violators that choose to ignore compliance orders. Due to the fact that staff can spend excessive time in the process of abating violations of the municipal code, this program will also provide a means of revenue to the city to support these types of Code Enforcement abatement activities. Currently, fines incurred by the issuance of Citations are forfeited to the local district court. The visual impact of the proposed Notice of Violation, Exhibit B, which clearly indicates the potential fine, and its similarity to the Citation, Exhibit A, is anticipated to encourage voluntary compliance. FISCAL IMPACT: Cost will be incurred for the printing of Citation and Notice of Violation forms for this purpose, in the amount of $1,200.00. There are adequate funds in Account No. 001-162-999-5222, "Printing", for this purpose. R:\BROCKMEI~.GENDA~ADMCIT.PRO 2/2/98 cb 2 ORDINANCE NO. 98-04 AN ORDINANCE OF THE CITY OF TEMECULA ESTABLISHING ADMINISTRATIVE PROCEDURES AND PENALTIES FOR VIOLATIONS OF THE TEMECULA MUNICIPAL CODE AND AMENDING THE TEMEC~A MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.21 of Title I of the Temecula Municipal Code is added to read as follows: "CHAPTER 1.21. ADMINISTRATIVE PF.~ALTIF. S -- CITATIONS. Sec. 1.21.010. Scope. This Chapter provides for administrative remedies for any violation of this Code, which remedies may be pursued in lieu of any other legal remedy, criminal or civil, which may be pursued by the City to address any violation of this Code. The City Attorney, City Prosecutor, or their assistants, have sole discretion to determine whether a violation will be prosecuted criminally. If a violation is not criminally prosecuted, the City may proceed with administrative proceedings pursuant to this Chapter. Sec. 1.21.020. Der'tuitions. The following words and phrases, when used in the context of this Chapter, shall have the following meanings: (a) Enforcement Official -- Any person authorized to enforce the provisions of the Temecula Municipal Code. (b) Legal Interest -- Any interest that is represented by a deed of trust, quitclaim deed, mortgage, judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is recorded with the County Recorder. (c) Responsible Person -- Any person whom an Enforcement Official determines is responsible for causing or maintaining a violation of the Code. The term "responsible person" includes but is not limited to a property owner, tenant, person with a Legal Interest in real property, or person in possession of real property. Sec. 1.21.030. Administrative Citation. Any person violating any section of this Code that is subject to this Chapter may be issued an administrative citation by an Enforcement Official as provided in this Chapter. Ords\98-04 I See. 1.21.040. Content of Administrative Citation. An administrative citation shall contain all of the following information: (a) The date and location of the violation and the approximate time the violation occurred. (b) The Code section violated and a description of how the section was violated. (c) The amount of the fine imposed for the violation, and the time within which and the place at which the fine shall be paid. (d) An order prohibiting another occurrence of the Code violation. (e) A description of the administrative citation review process, including the time within which to contest the administrative citation and the place from which to obtain a Request for Hearing Form to contest the administrative citation. (f) The name and signature of the citing Enforcement Official. Sec. 1.21.050. Procedure for Serving Administrative Citation. An Enforcement Official may issue an administrative citation, on a form approved by the City Manager, to a Responsible Person, as follows: (a) If the Responsible Person is a corporation, the Enforcement Official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice-president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above-listed individuals is known to the City, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (b) If the Responsible Person is a business other than a corporation, the Enforcement Official shall attempt to locate the business owner and issue the business owner an administrative citation. If the Enforcement Official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the ad 'mmistrativc citation also shall be mailed to that address to the attention of the business owner or a Responsible Person. The mailing shall be sent by certified mail, postage prepaid, return receipt requestS. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. Ord~\98~ 2 (c) The Enforcement Official shall attempt to obtain on the administrative citation the signature of the Resixmsible Pgrson, or in cases in which the Responsible Person is a corporation or business, the signature of the person served with the administrative citation. If a Responsible Person or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. (d) If the Enfo~t Official is unable to locate a Responsible Person for the violation, the administrative citation shall be mailed to the Responsible Person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. (e) If the Enforcement Official does not succeed in serving the Responsible Party personally, or by certified mail or regular mail, the Enforcement Official shall post the administrative citation on any real property within the City in which the City has knowledge that the Responsible Party has a Legal Interest, and such posting shall be deemed effective service. (f) If the Enforcement Official does not succeed in serving the Responsible Party personally, by certified mail or regular mail, and the City is not aware that the Responsible Party has a Legal Interest in any real property within the City, the Enforcement Official shall cause the ad 'mmistrafive citation to be published once a week for four successive weeks in a local newspaper published at least once a week. Sec. 1.21.060. Administrative Fine. The fine imposed pursuant to this Article for a particular violation shall be in the amount set forth in the Administrative Citation Schedule established by resolution of the City Council. The Administrative Citation Schedule shall specify the amount of any late payment charges imposed for failure to timely pay the fine. See. 1.21.070. Paymeat of Administrative Fine. The administrative fine shall be paid to the City within thirty (30) days from the date of service of the administrative citation. If, after a he. axing requested pursuant to Section 1.21.080, the Hearing Officer determines that the administrative citation should be canceled, the administrative free shall be refunded in accor~ce with Section 1.21.150. Sec. 1.21.080. Request for Administrative Hearing. Any Responsible Person to whom an ad 'mmistrative citation is issued may contest the citation no later than thirty (30) days from the date of service of the administrative citation by: (1) (2) completing a Request for Hearing Form and returning it to the City; and either depositing the ad 'mmistrative fine with the City or providing notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant to Section 1.21.090. A Request for Hearing Form may be obtained from the d~ent specified on the administrative 0rds\98-04 3 citation. The person requesting the hearing shall be notified by certified mail, return receipt, of the time and place of the ~g at least ten (10) days before the date of the hearing. Any documentation, other than the administrative citation, which the Enforcement Official has submitted or will submit to the Hearing Officer shall be served on the person requesting the hearing by certified mail, return receipt, at least five (~) days before the date of the hearing. Sec. 1.21.090. Advance ~p Waiver Deposit. Any Responsible Person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in Section 1.21.080 may file a request for an Advance Deposit Hardship Waiver. The request shall be filed with the Department of Finance on an Advance Deposit Hardship Waiver application form, available from the delxutment, no later than thirty (30) days after service of the administrative citation. The Director of Finance may issue an Advance Deposit Hardship Waiver only if the txca'son requesting the waiver submits to the Director a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the Director the person's financial inability to deposit with the City the full amount of the fine in advance of the hearing. The Director shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be served upon the person requesting the waiver by certified mail return receipt. If the Director determines that the waiver is not warranted, the person shall remit the full amount of the fine to the City within ten (10) days of receipt of the Director's written decision. Sec. 1.21.100. Time for Ad 'mmistrafive Hearing. Only after a Request for Hearing Form is filed, and the Responsible Person requesting the hearing has either deposited the administrative fine in full or obtained an Advance Deposit Hardship Waiver, shall the City set the date and time for the administrative hearing. The hearing shall be set for a date not less than fifteen (15) days nor more than (60) days after the Request for Hearing Form is filed, and the administrative fine is dqx)sited with the City or an Advance Deposit Hardship Waiver is issued. The City shall send notice of the date, time, and place of the hearing to the person requesting the hearing by certified mail return receipt at least ten (10) days before the date of the hearing. Sec. 1.21.110. Request for Continuance of Hearing. The Responsible Person requesting a hearing may request one continuance, but in no event may the hearing begin later than ninety (90) days after the Request for Hearing Form is filed, and the administrative free is deposited with the City or an Advance Deposit Hardship Waiver is issued. Sec. 1.21.120. Appointment of Adminislxative Hearing Officer. The Director of the Depaztment through which the administrative citation was issued, or his or her designee, shall select an Administrative Hearing Officer. The Administrative Hearing Officer may be, without limitation, a member of the staff of the department through which the administrative citation was issued. In no event, however, shall the Enforcement Official who issued the administrative citation be the Administrative Hearing Officer. ~\98-~4 4 Sec. 1.21.130. Procedures at Administrative Hearing. AdminisWafive hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in suPtx~ of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation of the City Code. The administrative citation and any additional reports submitted by the Enforcement Official shall constitute prima facie evidence of the facts contained in those documents. The Administrative Hearing Officer must use preponderance of evidence as the standard of evidence in deciding the issues. Sec. 1.21.140. Failure to Attend Administrative Hearing. If the Responsible Person fails to attend the scheduled hearing, the hearing will proceed without the Responsible Person, and he or she will be deemed to have waived his or her right to an administrative hearing. Notwithstanding this waiver and the time limits set forth in Section 1.21.100, if service of the administrative citation is made by posting the citation on real property within the City in which the Responsible Person has a Legal Interest, and the Responsible Person provides verif'mble and substantial evidence that removal of the administrative citation from the property by a third party caused the Responsible Person's failure to attend the scheduled hearing, the Responsible Person shall be entitled to an administrative hearing. Sec. 1.21.150. Decision of AdminisUative Hearing Officer. No later than thirty (30) days after the date on which the administrative hearing concludes, the AdminisWative Hearing Officer shall issue a written decision to uphold or cancel the adminisWative citation. The Administrative Hearing Officer shall set forth the reasons for the decision. The decision shall be served upon the Responsible Person by the applicable ~ set forth in Section 1.21.050. If the Administrative Hearing Officer upholds the administrative citation, the City shall retain the fine deposited by the Responsible Person. ff the Administrative Hearing Officer upholds the administrative citation and the fine has not been deposited pursuant to an Advance Deposit Hardship Waiver, the Administrative Hearing Officer shall specify in the decision a payment schedule for the fine. If the Ad '~ve Hearing Officer canceh the administrative citation, any fine deposited with the City shall be promptly refunded, together with interest at the average rate earned on the City's portfolio for the period of time that the City held the fine. The Administrative Heating Officer's written decision is final, and shall notify the ~sible Person of his fight to appeal as provided in Section 1.21.180. Sec. 1.21.160. Late Payment Charges. Any person who fails to pay to the City on or before the due date any administrative fine imposed pursuant to the provisions of this Chapter, shall be liable for the payment of any applicable late payment charges set forth in the Administrative Citation Schedule established by Resolution of the City Council. Sec. 1.21.170. Collection of Administrative Fine. The City may collect any past-due administrative fine or late payment charges by use of any available legal means. Ord~\9~04 5 Sec. 1.21.180. Appeal of Decision of Administrative Hearing Officer. Within 20 days after service of the decision of the Administrative Hearing Officer upon the Responsible Person, he or she may seek review of the decision by filing a notice of appeal with the municipal court. The Responsible Person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the Responsible Person fails to timely file a notice of appeal, the Administrative Hearing Officer's decision shall be deemed confirmed. Sec. 1.21.190. Failure to Pay Administrative Fine. Failure to pay an administrative fine is a misdemeanor. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance with the Administrative Order." SECTION 2. Section 5.04.300 of Chapter 5.04 of Title 5 of the Temecula Municipal Code is hereby amended to read as follows: "5.04.300. Violation--Penalties. A. Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to the expiration of the certificate shall pay the applicable fee, plus a penalty fee not to exceed twice the normal registration fee. B. If a per°~ fails to file for a certifiote as provided in this chapter within thirty calendar days after being informed to do so, or fails to pay the applicable fee, or violates any of the other provisions of this chapter, or knowingly or intentionally misrepresents any material fact to any officer or employee of the city in procuring the certificate provided in this chapter, or continues to operate a business after the business registration certificate has been revoked, the person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars or by confinement in jail not to exceed six months or by both such fine and confinement. Notwithstanding the foregoing, the above acts constituting a misdemeanor may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 3. Section 5.08.150 of Chapter 5.08 of Title 5 of the Temecula Municipal Code is amended to read as follows: "5.08.150 Violation--Penalties. A. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment. Notwing the foregoing, any violation of any provision of this chapter may be prosecuted as an administrative civil action pursuant to 0~1s\98-04 6 Chapter 1.21 or Chapter 1.22 of this Code. Any violation of the provisions of this chapter which is committed and continues from day to day constitutes a separate offense for each and every day during which such Vl'Olation is committed or continued. B. In addition to the penalties set forth in subsection A of this section, any aduR business which is operating in violation of this chapter or any provision thereof shall constitute a public nuisance and, as such, may be abated or enjoined from further operation." SECTION 4. Section 5.16.120 of Chapter 5.16 of Title 5 of the Temecula Municipal Code is amended to read as follows: "5.16.120 Violation--Penalty. Any solicitation conducted without obtaining a permit as required by this chapter shall constitute a misdemeanor. Notwithstanding the foregoing, any such violation may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 5. Section 5.20.110 of Chapter 5.20 of Title 5 of the Temecula Municipal Code is amended to read as follows: "5.20.110 Violation-Penalty. Any violation of any of the requirements of this chapter shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq. of this Code. Notwithstanding the foregoing, any violation of any of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 6. Section 6.02.170 of Chapter 6.02 of Title 6 of the Temecula Municipal Code is amended to read as follows: "6.02.170 V'~olation-Penalty. Any person violating any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished by (1) (2) (3) a fine not exceeding fifty dollars for the first violation; a fine not exceeding one hundred dollars for the second violation within one year; and a fine not exceeding two-hundred and fifty dollars for each additional violation within one year. Each day a violation is committed or permitted to con~uc shall constitute a separate offense. Notwithstanding the foregoing, any violation of any of the provisions of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 7. Subsection C. of Section 6.04.130 of Chapter 6.04 of Tifie 6 of the Temecula Municipal Code is added to read as follows: O~1s\98-04 7 "C. Notwithstanding the foregoing, any violation of this section may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 8. Section 6.06.0'20 of Chapter 6.06 of Title 6 of the Temecula Municipal Code is amended to read as follows: "6.06.020 Duty to care for animals. Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, land, street, square or lot of the city, without proper care and attention is guilty of a misdemeanor. Notwithstanding the foregoing, such a violation may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code. The chief animal control officer shall take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal and others, the officer shall immediately seize the animal and comply with Section 6.06.070. In all other cases, the officer shall comply with the provisions of Section 6.06.080. The cost of caring for and treating any animal properly sdzed under this section shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this chapter." SECTION 9. Subsection C. of Section 6.08.160 of Chapter 6.08 of Title 6 of the Temecula Municipal Code is hereby added to read as follows: "C. Notwithstanding the foregoing, any violation of any provision of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 10. Section 8.16.110 of Chapter 8.16 of Title 8 of the Temecula Municipal Code is hereby amended to read as follows: "8.16.110 Enforcement-Violation-Penalties. It shall be unlawful, subject to punishment in accordance with Chapter 1.20, 1.21, or 1.22, and in accordance with Section 8.12.180, for any person -- natural or corporate -- owning, possessing, occupying or controlling any lands or premises subject to the provisions of this chapter to fail to perform the duty set forth in Section 8.16.020 of this chapter, or to fail to comply with the requirements in the notice to remove and abate as specified in Section 8.16.040 of this chapter or to interfere with the performance of the duties herein specified for any of the officers designated in this chapter or their deputies, or to refuse to allow any such officer or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of inspecting and/or removing any hazardous vegetation hereinbefore described, or to interfere in any manner whatever with said officers or contractors in the work of inspections and removal herein provided. Such penalties are in addition to any civil or equitable remedies available to the city to enforce the provisions of this chapter." Ord~\984~ $ SECTION 11. Section 8.20.630 of Article IX of Chapter 8.20 of Title 8 of the Temecuh Municipal Code is amended to read as follows: "8.20.630 Misdemeanor. Violation of this article shall be a misdemeanor. Notwithstanding the foregoing, any violation of any provision of this article may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 12. Section 8.20.720 of Article ~ of Chapter 8.20 of Title 8 of the Tcmccula Municipal Code is amended to read as follows: "8.20.720 Violation. Except as otherwise provided in this chapter, violations of this chapter are punishable as set out in Chapter 1.20, 1.21, or 1.22, and in Sections 8.12.140 and 8.12.180." SECTION 13. Section 9.04.030 of Chapter 9.04 of Title 9 of the Temecula Municipal Code is amended to read as follows: "9.04.030 Violation-Penalty. Every day that this chapter is violated shall be a separate violation of this chapter. Every violation of this chapter shall be punishable as a misdemeanor. Notwithstanding the foregoing, any violation of any provision of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code." SECTION 14. Section 9.10.200 of Chapter 9.10 of Title 9 of the Temecula Municipal Code is amended to read as follows: "9.10.200 Prohibited conduct. Any person violating any provision of this chapter shall be guilty of a misdemeanor and be punished in accordance with Sections 1.20.010 and 1.20.030A of this Code. Notwithstanding the foregoing, any violation of any provision of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 or Chapter 1.22 of this Code. Revocation or suspension of a license issued under this chapter shall not be a defense against prosecution." SECTION 15. Subsection (d) of Section 17.03.100 of Chapter 17.03 of Tifie 17 of the Temecula Municipal Code is amended to read as follows: "(d) Violations and Penalties. It shall be unlawful for any person to violate any provision of this Development Code or any of the codes adopted by reference herein, any ordinance adopted pursuant to this Development Code, or to violate any permit (or the conditions thereof) granted pursuant to this Development Code. Violators shall be subject to punishment under Chapter 1.20, 1.21, or 1.22 of this Code." SECTION 16. The City Clerk shall cause this Ordinance to be published in a newspaper of general circulation printed and published in the county and circulated in the City within fifteen Ord~\98-04 9 (15) days after its passage, in accordance with Section 36933 of the Government Code, shall certify to the adoption and publication of this Ordinance, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. SECTION 17. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (3 lst) day after its passage. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 10th day of February, 1998. ATrF~T: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [SEAL] Ord~\98-04 10 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDfl ) ss CITY OF TFA/ECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98-~ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 27th day of January 1998, 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 10th day of Feburary 1998, by the following roll call vote: COUNCILMEMBERS: NOES: COUNCIL~ERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk Ords\98-04 11 RF3OLUTION NO. 98- A RF~OLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE ADMINISTRATIVE CITATION SCHEDULE FOR THE PURPOSE OF SETTING FORTH ADMINISTRATIVE FINE AMOUNTS. The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS: Chapter 1.21, Administrative Penalties-Citations, of the Temecula Municipal Code, provides for the issuance of an Administrative Citation to any person violating any section of the Temecula Municipal Code, and; WHEREAS: Section 1.21.60, provides for Administrative Citation fine amounts to be imposed as set forth in the Administration Citation Schedule. NOW, THEREFORE, BE IT RESOL~D, that the City Council of the City of Temecula determines and orders that administrative Citation fine amounts be established as set forth in the Administrative Citation Schedule attached to this Resolution as Exhibit "A". PASSED, APPROVED AND ADOPTED this 10th day of February, 1998. ATTF3T: Ron Roberts, Mayor Susan W. Jones, Acting City Clerk, CMC R:XBROCKMEIXCITATION. RE8 2/2/98 ¢b STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) I Susan W. Jones, Acting City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 98-__ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10th day of February 1998, by the following roll call vote. COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS Susan W. Jones, Acting City Clerk, CMC R:~BROC'K/vlE~CITATION.RES 2/2/9g cb ITEM 19 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ~"-' CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance February 10, 1998 Upgrade of Fire Personnel to EMT-1 RECOMMENDATION: That the City Council approve the expenditure of up to $45,000 to upgrade all Temecula Fire Department personnel as necessary from the level of Certified First Responder to that of Emergency Medical Technician I (EMT-1). BACKGROUND: During the October 28, 1997, City Council Meeting, Councilmember Stone suggested that fire personnel be trained to provide advanced life support. Since that meeting, Staff has discussed emergency response services internally, and has held several meetings with representatives of the County Health Department, County Fire Department, Temecula Fire Department, and the cities of Lake Elsinore, Murrieta, and Canyon Lake. Through cooperative efforts and sharing common goals, all parties involved have resolved to improve emergency service standards throughout southwest Riverside County. On January 13, 1997, representatives from the Fire Department met with City staff and Councilmember Stone to discuss ways of providing enhanced emergency medical services to the citizens of Temecula. Fire Department personnel provided information regarding current skill levels of Fire personnel, equipment response criteria, response times, call volume, and private vendor service levels. As a result of this meeting, the Fire Department recommends that, in order to provide the most cost effective and efficient emergency response service, all personnel at the level of First Responder be upgraded to Emergency Medical Technician I (see attachment for an explanation of the differences in service levels). If the City Council approves this recommendation, it should be understood that implementation of this program cannot be mandatory with respect to current or future employees. However, this qualification can be classified as "highly desirable" when selecting future personnel for assignment to the Temecula Fire Department. In addition, staff has been meeting with representatives of American Medical Response (AMR), who provide ambulance service to the City, on ways to improve service. AMR respresentatives are present tonight and will address the Council. FISCAL IMPACT: There are currently thirty-nine (39) personnel assigned to the Temecula Fire Department. Nineteen (19) of these personnel are already certified as EMT-I. The cost to upgrade the remaining 20 personnel is between $24,000 and $45,000. These funds are available in the Fiscal Year 1997-98 Annual Operating Budget. The cost to maintain the required certifications in the future are projected to be approximately $500 annually. Attachment: Riverside County Fire Department EMS Personnel Report Riv rtid Cotuat Fire I partmeat EMS First Resnonder This level of EMS Responder is unique to the California Department of Forestry and Fire Protection. Initial Training 56 hours which includes CPR and the OSHA mandate of Communicable Disease Aware- ness - Students must pass written and practical examinations Refresher Training 24 hours of classroom time every two years and pass the written and practical examinations Scope of Practice Advanced first aid; CPR; application of traction and spinal splinting devices; administra- tion of Oxygen; triage; and airway management with a bag/valve/mask ., Optional Scope Defibrillation Emergency Medical Technician/EMT-I~ This level of EMS Responder may be found in fire departments and private ambulance companies. Initial Training Refresher Training Scope of Practice Optional Scope Research Scope 110 hours which includes CPR and OSHA mandate of Communicable Disease Aware- hess and a minimum of 10 hours of"clinical" in a hospital or on an ambulance or on a Fire Department EMS Responder vehicle. (NOTE - Most community colleges still require 24 hours of clinical split between the hospital and an ambulance provider.) 24 hours of continuing education every two years and pass the written and practical exa- minations every four (4) years. The refi'esher training may be done through a traditional classroom refresher course similar to the First Responder. It includes all skills that the First Responder can perform as well as administration of oral glucose to conscious diabetics; assisting patients to take their own Nitroglycerine, Injectable adrenaline from an allergy kit and/or use of inhalers or other breathing ma- chines for patients who have their own; and transportation of patients with IVS in place. Defibrillation; endotracheal intubation; monitoring of medicated IVS Use of the combitube airway for adults; staring IVS; and administration of some limited medications such as adrenaline, benadryl, charcoal and some cardiac medications. Paramedics (EMT-P] Initial Training Licensure Refresher Training Scope of Practice Optional Scope 1,500 hours which includes all of the EMT-I Scope of practice as well as at least 300 hours of hospital time and 500 hours of ambulance time. Must be licensed by the State of California and be accredited to practice in the County the EMT-P is working in. Must complete forty-eight hours of approved continuing education every two years. As long as the EMT-P does not let the license expire, the EMT-P does not have to test again. Administration of a wide variety of medications; advanced airway management; start IVS; perform invasive procedures such as needle decompression of a collapsed lung, initiation of an IV into bone if the veins are not accessible and nasotracheal intubation of patients who can not be intubated via the mouth. Determined by each County First R sp nd r I MT.I Ul rsd PrOram In 1994, the Department's EMS Coordinator developed an EMT-I Upgrade program which would allow currently certified EMS First Responders to b~ome EMT-Is by completing a portion of the total EMT-I program. The fact was that the EMS First Responders had already competed at least 56 hours of training, many which were identical to the 110 hour EMT-I course. The recommendation was presented in Riverside County EMS Agency in June, 1994 with the recommendation that the certified EMS First Responder completed 64 hours of classroom time and 10 hours of clinical and then be certified by the County EMS Agency as an EMT-I. Since then, Riverside County EMS Agency has received two Public Health Block Grants to study the curriculum developed by Riverside County Fire and then to test the students who completed the EMT-I Upgrade program. Their report is near completion and indicates that the students in the EMT-I Upgrade program (who are all Riverside County Fire Department/CDF personnel) have done better on written and practical examinations than traditional EMT-I students from a community college. They scored higher at the end of their program and they scored higher one year after the program ended. We hope that the County EMS Agency will recommend approval of the EMT-I Upgrade Program and that Riverside County Fire Department will be allowed again to teach the upgrade program to Department personnel. ITEM 20 (ORAL PRESENTATION) ITEM 21 (ORAL PRESENTATION)