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HomeMy WebLinkAbout070996 CC Agenda in compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting 128 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD JULY 9, 1996 - 7:00 PM 5-30 PM -,closed Session@ of, the City Council a d the Temecula@ Redevelopment Agency @pursuant m to Govern ent Code @@se cftons; 1. :54956.8,@@Conferi ce.with Rei ator, I 915 Business Park:Dri-.,--,-@: f I Parties-@@Redev opmen, 0 d@@@international @Rectifier.. Negot'ating 7.@ Under negotiation, Terms @and@ con cil)ati n Agreement. 2. 54956 8 Conferenc; e egofiatc O@ Jeffeirson,@@AVenue; Negotiating rti @Norrr 'and the Red g ency of @@the City of Temecula-' Under negotiation, @cons lease terms. 3. 54956.9(ii), i]E@@ ng'Litig:a@:fi:on RCHCA, Cit@ of T la. 4.  549 56.8, @Conf ere t* with@@R pe @@Npgotiatorconcerningnegotiationof@priceand@l:@ terms of payment@@for a. AoDroximately@.27@ Street temecui @@CA @JAPN@922@.l@10-032) otiating ne,g parties: Ci @ f ty c b.West@,side of. Fr6ht@@Street. west @@f: 16tia@itate@ 15, Temecula (APN 922.110-005),-,@negotiafing parties., City of-1 emecui ir 6rita @@Ciifi@6n 9 c. West Sid@F nt Street,@:at intersection of: Interstate @l 5,@'@@Tpmd6ola'@(APN 922@i@l O@47). negotiation @i city of TemecUla and' Margarita Canyon' LLC, d. South.sde@of@@Rancho@@@Calif6iniai@@Aoad,,West@of@Kathleeti:Waii,@@Te ecul PN 940-310-014). negotiating parties- Ci ula and@::'@:K:enned@,@iB@r@ian e.@South'side@bf@R ch :@CiMitde6la:@@iRo @@@esi::@6f @Kathi,6en Wa @:lpnincoiporated.Ri@ersidii'@ County IAPN @,940-030-003);@@negotiafing parties- City @of Temecula and:Barragan. 495 .9(c), @tWo::@matters@concernina @wh iartic, 5.@@@ 5 6 ether@to p paie R:\Agenda%070296 1 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 Or@- Ordinance: No. 9 -@ Resolutions No. 96-89 CALL TO ORDER: Mayor Karel Lindemans presiding Prelude Music:Miss Vivian Tang Invocation:Reverend Lyle Peter, Hope Lutheran Church Flag Salute:Councilmember Ford ROLL CALL:Birdsall, Ford, Roberts, Stone, Lindemans PRESENTATIONS/Presentation of The Robert Street Memorial Award to Community PROCLAMATIONSDevelopment Director Gary Thornhill - Presented by Ric Stephens, Section Director of the American Section of the American Planning Association PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or are listed on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item = 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 Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORM 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. R:@ndo\070996 2 CONSENT CALENDAR NOTICE TC) THE PUBLLC 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. 1Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2Api2roval of Minutes RECOMMENDATION: 2.1Approve the minutes of June 1 1, 1 996. 3Resolution Apl2rovina List of Dema@ RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4City Treasurer's Report RECOMMENDATION: 4.1Receive and file the City Treasurer's Report as of May 31, 1996. 5Records Destruction Ag2proval RECOMMENDATION: 5.1Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. R:@andeNO70996 3 6Resolution Establishona Coty's Gann A1212rol2riations Limit for the Fiscal Year 1996-97 RECOMMENDATION: 6.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 1996-97 7Purchase of Network Concentrator RECOMMENDATION: 7.1Authorize the purchase of a network concentrator, to be installed in the new City Hall facility from AmeriData for a total price of $57,276.00. 8Accel2tance of Grant Deed for Nakayama Park - William Lyon's Company (Joseph Road at Nicolas Road) RECOMMENDATION: 8.1Accept a grant deed from the William Lyon's Company for the dedication of Nakayama Park, a .26 acre park within Tract No. 22627-0, and authorize the City Clerk to record the document. 9Completion and Acceptance of the FY94-95 Annual Pavement Manaaement Project, Pr@ No. PW95-06 RECOMMENDATION: 9.1Accept the FY94-95 Annual Pavement Management Project, Project No. PW95-06, as complete; 9.2Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 9.3Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. R:@nda\070006 4 1 0Acceptance -of Public Streets into the Coty-Maintained Street System (Woth*n Tract 22627-1) (Located northeasterly of intersection of Nicolas Road at North General Kearny Road) RECOMMENDATION: 10.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 22627-1) 1 1 Accept Public Improvements in Tract No. 2262L-1 (Located northeasterly of intersection of Nicolas Road at North General Kearny Road) RECOMMENDATION: 1 1. 1 Accept the Public Improvements in Tract No. 22627-1; 11.2Authorize the release of the Faithful Performance Improvement Bond, release of Subdivision Monumentation Bond, initiation of warranty period; 11.3Direct the City Clerk to so advise the Developer and Surety. 12Reduce Faithful Performance Bond Amount in Tract No. 27827-1 (Located Northwesterly of the intersection of North General.Kearny Road at Nicolas Road) RECOMMENDATION: 12.1Authorize fifty-percent reduction in Faithful Performance bond amount for street, water, and sewer improvements; 12.2Direct the City Clerk to so advise the Developer and Surety. 13Acceptance of Public Streets into the C*ty-Maintagned Street System (W*thin Tract N 27827-2) (Located Northwesterly of intersection of Nicolas Road at North General Kearny Road) RECOMMENDATION: 13.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 27827-2) R:@nda\070906 6 1 4Accept Public Improvements in Tract No. 27827--2 (Located Northwesterly of intersection of North General Kearny Road at Nicolas Road) RECOMMENDATION: 14.1Accept the Public Improvements in Tract No. 27827-2; 14.2Authorize the reduction in Faithful Performance Street and Water and Sewer System Bond amounts to the warranty level, release of the Subdivision Monumentation Bond, and initiation of the warranty period; 14.3Direct the City Clerk to so advise the Developer and Surety. 1 5Solicitation of Construction Bids and Approval of Plans and Specifications for the FY96-97 A.C. Street Rel2airs (Project No. PW 96-10) RECOMMENDATION: 1 5.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW96-10, FY 96-97 A.C. Street Repairs. 16Consideration of a License Aareement for the Administration Marketing and Installation of the Caty's Directional "Kiosk" Saan Program RECOMMENDATION: 16.1Approve and award a License Agreement to Temeka Advertising, for a four (4) year term, with an option to renew this agreement annually thereafter, for the administration, marketing and installation of the City's directional "Kiosk" sign program. 17Reconfirmation of Weed Abatement Costs RECOMMENDATION: 17.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION R:OQenda\070i)@S 17.2Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION AND ORDERING THE RECORDATION OF LIENS THEREON RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, TEMECULA REDEVELOPMENT MEETING, OLD TOWNFWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHQJBITY MEETIN2 R:\Ager.d.\070996 7 @@@c6mmUNITY@SERVICES DISTRICT MEETING TEMECULA Next in Order: Ordinancep No. CSD 9E-M Resolution:No. CSD 9E-M CALL TO ORDER: President Ron Roberts ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts 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 = 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' to the City Clerk. When you are called to speak, please come forward and state your name and address for the re@ CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1Approve the minutes of June 11, 1996. 2Reduction of Landscape Bond for Slope Improvements - Tract No. 22916-3 (Located within Vintage Hills at the northwest corner of Butterfield Stage Road and Pauba Road) RECOMMENDATION: 2.1Authorize the reduction of the Erosion Control, Landscape and Irrigation Faithful Performance Bond to a 10% warranty amount of $15,850 - Tract No. 22916-3, Costain Homes, Inc. 2.2Direct the Secretary/City Clerk to notify the Developer and the Surety. R:\Agenda%070996 8 3Release of Landscape Bond - Tract 23125-1 (Located at Butterfield Stage Road and De Portola Road) RECOMMENDATION: 3.1Authorize the release of the Parkland/Landscape Faithful Performance Bond for Tract No. 23125-1 - Kaufman & Broad of San Diego, Inc. 3.2Direct the Secretary/City Clerk to notify the Developer and the Surety. 4Acceptance of Landscape Maintenance Areas within Tract No. 23267 (Via Rio Temecula) RECOMMENDATION: 4.1Adopt a resolution entitled: RESOLUTION NO. CSD 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE EASEMENT DOCUMENTS FOR PURPOSES OF MAINTAINING CERTAIN LANDSCAPE AREAS WITHIN TRACT NO. 23267 (VIA RIO TEMECULA) 4.2 Authorize the Secretary/City Clerk to record the easement documents. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: July 23, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:@enda\070996 9 @TEMECULA@@REDEVELOPMENT @AGENCY@@MEETING Next Or@- Ordinance:No. RDA 96-01 Resolution:No. RDA 96-15 CALL TO ORDER: Chairperson Patricia H. Birdsall presiding ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall 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 = 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: 1.1Approve the minutes of June 11, 1996. 2Contract Amendment No. 5 for the First Street Design RECOMMENDATION: 2.1Approve Contract Amendment No. 5, and authorize Chairperson to execute the Amendment between the Redevelopment Agency and Norris-Repke, Inc. In the amount of $69,200, bringing the total contract amount to $337,134. The Agreement will be subject to the approval of the Executive Director and the General Counsel as to final form. R:@endakO7Og96 10 3Aareement for Professional Service with Robert Bein, William Frost & Associates for Interchange Improvements at Interstate 1 5 and State Rnute 79 South Southhntind Ramp5 RECOMMENDATION: 3.1Approve and authorize the Chairperson to execute an agreement with Robert Bein, William Frost & Associates to provide professional engineering services for the preparation of a Project Study Report and Project Report for interchange improvements at Interstate 1 5 and State Route 79 South southbound ramps for an amount not to exceed $175,252.00; 3.2Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $17,525.20. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: July 23, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R. &\070896 OLD @TOWN iSTSIDE@COMMUNITY@@FACILITIES DISTRICT] FINANCING AUTHORITY.,. Next Order- Ordinance No. No. FA 96-02 Resolution No.a No. FA 96-10 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENTS A total of 1 5 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item = 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 and address, PUBLIC HEARINGS 1Annexation of Territory to Old Town/Wests*de Community Facilities District No. 1 (Old Town Area Public Improvements) RECOMMENDATION: 1.1Hold a public hearing on the annexation of territory to the Old Town/Westside Community Facilities District No. 1 (Old Town Area Public Improvements). 1.2Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1, AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS 1.3Hold a special election of the landowners in the territory proposed to be annexed to Community Facilities District No. 1. R:\Agertde\070998 12 1.4Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION NO. 1, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN ADJOURNMENT Next regular meeting: July 23, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:@andoNO70908 13 RECONVENE TEMECULA CITY COUNCIL PUBLIC 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. 1 8Plannina Application No. PA94-0107 Amendment and Restatement of Development Aareement,No. 5 for Planning Area No. 16 (Final Tract Maps 22916 and 22916-3) within Spec*fffic Plan No. 199 RECOMMENDATION: 18.1Adopt the Negative Declaration for Planning Application No. PA94-0107. 18.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND COSTAIN HOMES, INC. FOR FINAL TRACT MAPS NO. 22916 AND 22916-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA94-0107) COUNCIL BUSINESS 19Miss California USA Paaeant S12onsorshil2 RECOMMENDATION: 19.1Consider a request for sponsorship for Heather C. McBroom, Miss Temecula 1996, for Miss California Pageant USA. 20A1212ointment to the Murreeta Creek Advisory Committee RECOMMENDATION: 20.1Appoint two Councilmembers to the Murrieta Creek Advisory Committee. R:@nda\070986 14 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: July 23, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:@e@\070990 16 CITY OF TEMECULA MEMORANDUM DATE:July 5, 1996 TO:Mayor and City Council FROM:Ronald E. Bradley, City Manager SUBJECT:CDBG - Urban County Qualification The County of Riverside is in the process of qualifying as an Urban County for the Community Development Block Grant Program for Federal Fiscal Years 1997-1999. 1 have been informed that they will be sending us a packet by mail that includes a letter describing the qualification process, a form to indicate our intention to participate or not to participate and finally, the original Cooperation Agreements. The County indicates they must send a copy of the signed Cooperation Agreements to HUD no later than the 1 9th of July and faxed us a request for Council to act on this item during the week of July 8 - 1 2. The request arrived too late to be included on the Agenda for July 9 so I am sending it to you under separate cover and will ask to have it added to Tuesday night's Agenda. The staff report is attached and hopefully we will have the Cooperation Agreements by Tuesday's meeting. APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Ronald E. Bradley, City Manager DATE:July 9, 1996 SUBJECT:CDBG - Urban County Qualification RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Cooperation Agreement with the County of Riverside allowing the City to participate in the Community Development block Grant funding program for Fiscal Years 1997-98; 1998-99; 1999-2000. BACKGROUND: The current cooperation agreement with the County of Riverside for participation in the Community Development Block Grant (CDBG) funding program will expire on June 30, 1997. Every three years, the County is required to re-qualify as an Urban County under the CDBG program and it is through this process that the annual CDBG entitlement funds are established for participating cities, such as this City. Execution of the attached agreement ensures the City's continued participation in the CDBG program for Fiscal Years 1997-98 through and including 1999-2000. There are no material changes between the proposed agreement and the current agreement. FISCAL IMPACT: Although the funding levels are unknown at this time, execution of this agreement guarantees that the City will be entitled to continued CDBG program resources. PROCLAMATIONS/ PRESENTATIONS ITEIN4 1 ITEI\4 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 11, 1996 A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Pro Tem Patricia H. Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, Assistant City Attorney Mike Estrada, and City Clerk June S. Greek. PRELUD MUSIC The prelude and intermission music was provided by Miss Katie Jones. INVOCATION The invocation was given by Reverend John R. Chambers, Grace Presbyterian Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Birdsall. PRESENTATIONS/ PROCLAMATIONS Mike Angel, President of the Volunteer Fire Company made a presentation to the City Council describing the services provided to Temecula by the Volunteer Fire Company. Mayor Lindemans and City Councilmembers expressed appreciation to Mr. Angel and the Volunteer Fire Company for the valuable service they provide to the citizens of Temecula. Mayor Lindemans presented a Special Achievement Award to Officer Joe Nardone and his Partner Tango for their First Place Finish at the Redondo Beach Police Canine Trials, held on May 1 0 and 1 1, 1996. Mayor Lindemans proclaimed June 1996, to be "Shop Temecula First Month.' Katherine Aaron, Chairman of the "Shop Temecula First" Campaign, Alice Sullivan and Joan Sparkman accepted the proclamation and thanked the City Council for their support. Mayor Lindemans proclaimed June 16-23, 1996, to be "Amateur Radio Week." Minutes\05\28\96 -1- 07/02/96 Cmtv Counc'l Mwnutes June 11, 1996 CITY COUNCIL REPORTS Councilmember Ford requested the RCHCA Director, Brian Lowe, be invited to make a presentation regarding the RCHCA activities at a future City Council meeting and that this be placed on the agenda. Councilmember Ford reported he attended the Murrieta/Temecula Joint Traffic Committee which met and identified top priorities regarding traffic concerns. He stated a report will be placed on a future agenda. Councilmember Ford also reported the Friendship Games were held June 1, 1996 and Citizens For a Safer Temecula had a booth where materials were distributed. He also stated that he hosted the 'Stand for Children's Day" where materials were handed-out to people in the stands. Councilmember Stone announced another meeting of the Citizens for a Safer Temecula is scheduled for Thursday, June 13, 1996, 7:30 PM, at the Community Recreation Center. Councilmember Roberts reminded the City Council that the Annual WRCOG General Assembly Dinner is planned for this Thursday, June 13, 1996. Councilmember Roberts reported he attended a SCAG retreat where regional transportation and legislative issues were discussed. PUBLIC COMMENTS City Clerk June Greek read a letter into the record from the Citizens for a Safer Temecula thanking the City Council for their assistance in allotting time for the City Attorney to review the existing penal code relating to sex offenders. Bill Harkins, 30445 Anaconda Court, requested that the City Council place an urgency on the installation of a signal on Rancho California Road and Humber Way. Public Works Director Joe Kicak reported that the City Council will receive the request to solicit bids at the next City Council Meeting on June 25, 1996. Richmond Jackson, 30450 Anaconda Court, expressed appreciation to the City Council for taking actions to expedite the installation of a traffic signal at Rancho California Road and Humber Way. Wayne Hall, 42137 Agena, addressed the citizens of Temecula, asking that they pull-over and allow emergency vehicles to proceed without any obstructions when they were using their lights and sirens. Minutes\05\28\96 -2- 07/02/96 Cwtv Councol Monutes RECESS June 1 1 - 1 996 Mayor Lindemans called a recess at 7:42 PM. The meeting was reconvened at 8:00 PM. CONSENT CALENDAR Mayor Pro Tem Birdsall registered a 'no" vote on Consent Calendar Item No. 7. Councilmember Stone requested the removal of Item No. 5 from the Consent Calendar. Councilmember Stone questioned Item No. 7, asking if anything had changed from the original bid. Public Works Director Kicak stated that the bid presented is the same amount and same conditions previously submitted. Mayor Lindemans noted an abstention on Item No. 2, since he was not present at the meeting of May 28, 1996. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve Consent Calendar Items 1-4 and 6-10. The motion was unanimously carried with Mayor Stone abstaining on Item No. 2 and Mayor Pro Tem Birdsall voting 'no" on Item No. 7. 1 . Standard Ordinance Adoption Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.AlDproval of Minutes 2.1 Approve the minutes of May 28, 1996. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans Minutes\05\28\96 -3- 07/02/96 City Councml M@nutes June 11, 1996 3.Resolution Approv6ng List of Dem@ 3.1Adopt a resolution entitled: RESOLUTION NO. 96-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4.City Treasurer's Report 4.1Receive and file the City Treasurer's Report as of April 30, 1996. 6.All-Way "Stop" - Buckeye Road at Preece Lane 6.1Adopt a resolution entitled: RESOLUTION NO. 96-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP" SIGN LOCATION ON BUCKEYE ROAD AT PREECE LANE 7.Award of Contract for the Walcott Corridor, Project PW94-10 7.1Award a contract for the construction of the Walcott Corridor, Project PW94-1 0 to Hemet Manufacturing Company, Inc. dba Genesis Construction for $1,716,637.50 and authorize the Mayor to execute the contract. 7.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $171,663.75 which is equal to 10% of the contract amount. 7.3Adopt a Negative Declaration and approve a Mitigation Monitoring Program for the Walcott Corridor Project. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None Minutes\05\28\96 -4- 07/02/96 C@ty Council M*nutes June 11, 1996 8.Contract Amendment No. 10 to Community Facilities District 88-12 Enaineereno Services Contract with J.F. Davidson Associates, Inc. for the Rancho California Road/Interstate Route 15 Interchange Improvement Project (PW95-121 8.1Approve Contract Amendment No. 10 to provide right-of-way engineering services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the Rancho California Road/interstate Route 15 Interchange Improvement Project in an amount not to exceed $17,500. 9.Award a Contract for Public Works Maintenance Division Project No. PW 5-96-32 9.1Award a contract for Old Town A.C. Repairs, Public Works Maintenance Project No. 95-96-32 to Del Rio Enterprises in the amount of $11,990.00 and authorize the Mayor to execute the contract. 9.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,199.00 which is equal to 10% of the contract amount. 10.Revisions to State Sex Offender Reaistration and Employment Laws 10.1Forward to members of the Assembly and Senate representing Temecula and to the Attorney General the attached revisions to the state laws relating to registration of sex offenders and employment of sex offenders and request that the revisions be enacted and made part of the laws of the State of California. 5.Award of Contract for the Construction of an Interim Traffic Sianal at the Intersection of Margarita Road and Rustic Glen - Proiect No. PW96-03 Councilmember Stone expressed concern over traffic being diverted on Rustic Glen where there is no signal, beginning June 10, 1996. Public Works Director Kicak stated that this contract was scheduled to be awarded much earlier and traffic would not be diverted for approximately 30 days from that date. He explained that staff has worked hard to extend the use of Winchester as long as possible and minimize the burden on Rustic Glen. It was moved by Councilmember Roberts, seconded by Councilmember Ford to approve staff recommendation as follows: 5.1Award a contract for the construction of a Traffic Signal at the intersection of Margarita Road and Rustic Glen, Project No. PW96-03 to DBX, Inc., in the amount of $42,000.00 and authorize the Mayor to execute the contract. Minutes\05\28\96 -5- 07/02196 Coty Councwl Mmnutes June 11, 1996 5.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $4,200.00 which is equal to 10% of the contract amount. 5.3Appropriate $46,200.00 from Signal Mitigation funds to Capital Projects Account No. 210-165-647-5804. The motion was unanimously carried. RECESS Mayor Lindemans announced a recess at 8:10 PM to accommodate the scheduled Old Town Westside Community Facilities District Financing Authority Meeting. Mayor Lindemans announced a Joint Meeting of the City Council/Old Town Westside Community Facilities Financing Authority at 8:12 PM, and turned the meeting over to Chairperson Birdsall for Item 2.1. 2Financings for Old Town Area Public Improvements and the Western BY12ass Corridor Councilmember Stone announced a conflict of interest and stepped down from the dias. City Manager Bradley presented the staff report. Board Member Ford requested additional language be inserted into Resolution 2.1 as follows: Paragraph 5, 'Notwithstanding the foregoing, any sale of the Bonds shall be subject to the prior approval by the Authority of a purchase contract and disclosure document for the Bonds. It was moved by Board Member Ford, seconded by Board Member Lindemans to approve staff recommendation 2.1 with additional language suggested by Member Ford. 2.1Adopt a resolution entitled: RESOLUTION NO. FA 96-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 1, APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT, AND APPROVING AMENDMENT TO JOINT COMMUNITY FACILITIES AGREEMENT AND OTHER RELATED DOCUMENTS AND ACTIONS The motion was unanimously carried, with Member Stone abstaining. Minutes\05\2SN96 -6- 07/02/96 City Counc4l M'nutes June 11, 199fZ Chairperson Birdsall turned the meeting over to Mayor Lindemans for Item 2.2. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve staff recommendation 2.2 as follows: 2.2Adopt a resolution entitled: RESOLUTION NO. 96-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF AN AMENDMENT NO. 1 TO JOINT COMMUNITY FACILITIES AGREEMENT The motion was unanimously carried, with Councilmember Stone abstaining. RECESS Mayor Lindemans recessed the City Council Meeting at 8:15 PM to accommodate the scheduled Old Town Westside Financing Authority Meeting, Community Services District Meeting and Redevelopment Agency Meeting. The meeting was reconvened at 8:45 PM. PUBLIC HEARINGS 11.Annexation Area Priority Mal2 for City of Teme@ (Continued from the meeting of May 14, 1996) City Manager Bradley reported that four members of the City Council have declared a conflict of interest on this item, Councilmembers Ford, Roberts, Stone and Mayor Lindemans. He stated the City has asked for a ruling from the City Attorney for a procedure to select a majority of the Council. He explained that lots would be drawn to select the two needed Councilmembers. He reported that the members so qualified would be able to fully participate in the discussions. He further informed the Council that those selected will be required to declare for the record their conflict of interest. City Clerk June Greek presented lots to be drawn and Councilmembers Ford and Stone were selected to make up the necessary quorum. Mayor Lindemans turned the meeting over to Mayor Pro Tem Birdsall to conduct the Public Hearing. Councilmember Stone announced his conflict arises from the fact that one of his pharmacy customers owns property within, and adjacent to, areas to be annexed to the City and the level of sales exceeds the threshold levels of sales set by Government Code. Minutes\05\28\96 -7- 07/02/96 C'tv Council Minutes June 11, 1996 Councilmember Ford stated his conflict of interest arises from his work for the owner of the Redhawk Tract and announced he also serves as President of the Redhawk Homeowners Community Association. Community Development Director Gary Thornhill presented the staff report. Mayor Pro Tem Birdsall opened the public hearing at 8:50 PM. Adrian McGregor, 34555 Madera de Playa, requested that issues of current residents be addressed before annexing new areas. She specifically asked that flooding issues and air quality issues be addressed. RECESS Mayor Pro Tem Birdsall called a brief recess at 8:55 PM to change the tape. The meeting was reconvened at 8:57 PM. David Robinson, 39600 Ave Arizona, representing Temecula Valley Citizens for Responsible Government, spoke in opposition to the annexation priority map. He particularly expressed opposition to the annexation of Johnson Ranch and asked that these rural areas not be annexed. Councilmember Ford asked Dr. Robinson if he feels the County is more qualified to develop these properties. Dr. Robinson stated he feels the County is qualified to develop these properties and the City and County need to work together. Mayor Pro Tem Birdsall closed the public hearing at 9:1 5 PM. Councilmember Ford suggested the Winchester Corridor go up to the French Valley Airport and this be made top priority, due to the potential commercial benefit it would provide the City. City Manager Bradley stated the City could talk to LAFCO about annexing corridors, however the County would most likely strenuously resist. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve staff recommendation as follows: 11.1Adopt a resolution entitled: RESOLUTION NO. 96-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 95-0125 ADOPTING THE ANNEXATION AREA PRIORITY MAP FOR THE CITY OF TEMECULA Minutes\05\28\96 -8- 07/02/96 City Counc@l M@nutes June 11, 1996 The motion was carried as follows: AYES: 2 COUNCILMEMBERS: Stone, Birdsall NOES: 1 COUNCILMEMBERS: Ford ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Roberts, Lindemans COUNCIL BUSINESS 12.Review and Adoption of the FY 1996-97 Annual Operating Budaet Finance Director Genie Reports presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation 12.1 as follows: 12.1Adopt a resolution entitled: RESOLUTION NO. 96-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ADOPTING THE FY 1996-97 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS The motion was unanimously carried. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to approve staff recommendation 12.2 as follows: 12.2Adopt a resolution entitled: RESOLUTION NO. 96-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS The motion was unanimously carried. It was moved by Councilmember Stone, seconded by Mayor Pro Tem Birdsall to approve staff recommendation 12.3 as follows: Minutes\05k28\96 -9- 07/02196 C*tv Counc@l M4nutes June 11, 1996 12.3Adopt a resolution entitled: RESOLUTION NO. 96-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ESTABLISHING A PROCEDURE FOR PREPAYMENT OF DEMANDS The motion was unanimously carried. 13.Rancho California Road/1-15 Bridae W*den5na and Northbound Ramp lml2rovement Project - Prooect No. PW95-12 - Roght-of-Way Acguos*twon Councilmember Stone announced a conflict of interest and stepped down from the dias. Public Works Director Joe Kicak presented the staff report. Mayor Lindemans opened the hearing at 9:50 PM. Dennis W. Chiniaeff, representing KI/FKLA Rancho Realty LLC/Bedford Development Company, 27555 Ynez Road, No. 200, objected to the eminent domain actions being recommended by staff, based on the inadequacy of the appraisal of the property. Sam Alhadeff, 27555 Ynez Road, No. 203, Counsel for KI/KFLA Rancho Realty LLC/Bedford Development Company, objected to the eminent domain actions based on an inadequate appraisal. He objected to not being allowed to meet with the appraiser prior to the hearing, and stated the final title report used for the appraisal did not include the development agreement. Assistant City Attorney Mike Estrada, stated he has had conversations with Ms. Sayre Weaver of his office who is handling the proceedings and the representative of the property owner is addressing the 4th area of findings. He stated his office has reviewed the matter and consulted with the appraiser and believe all relevant documents were reviewed. He stated the appraiser stands by his appraisal and according to eminent domain law, the appraiser should not be speaking to the property owner. City Manager Ronald Bradley informed the City Council that this issue is time sensitive since the City has a grant for this project which will expire on June 30, 1996. He explained that if action is not taken at this hearing, the City will lose grant funding for the Rancho California Road/1-15 Road Widening Project. Mayor Pro Tem Birdsall stated this improvement is badly needed and said she believes Kemper basically wants the same thing. She asked that this be resolved in an amicable manner. Assistant City Attorney Estrada stated for the record, the recommendation of the City Attorney's Office is that the City's appraisal contains the appropriate amount. He stated Minutes\05\28\96 -10- 07/02/96 City Counc'l Mmnutes June 11, 199fa that during the court proceedings, should it be established the figure contained in the City's appraisal is not the appropriate amount, this would be worked out. It was moved by Councilmember Roberts, seconded by Councilmember Birdsall to approve staff recommendation. Further direction was given to staff to keep in mind the City Council is concerned that this matter be resolved with the owners of record in an amicable and prompt manner. 1 3.1Open and conduct a hearing on the adoption of each of the two (2) proposed Resolutions of Necessity, receive from the staff the evidence stated and referred to herein, take testimony from the property owners or their representatives if they ask to be heard on issues A, 8, C, and D set forth below, and consider all the evidence. 1 3.2If the City Council finds, based on its consideration of the evidence contained and referred to in this staff report, the testimony and comments received during the public review and planning process, all other testimony that may be presented, and all other evidence and records pertaining to this matter, that the evidence warrants the necessary findings as to each proposed Resolution of Necessity, then the staff recommends that the City Council, in the exercise of its discretion, and taking a separate vote on each proposed resolution, adopt each of the Resolutions of Necessity and authorize and direct that eminent domain proceedings be filed to acquire the subject properties; Adopt a resolution entitled: RESOLUTION NO. 96-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (RANCHO CALIFORNIA ROAD/1-1 5 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENT PROJECT) (KI/FKLA RANCHO REALTY L.L.C.) 13.3Adopt a resolution entitled: RESOLUTION NO. 96-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES (RANCHO CALIFORNIA ROAD/1-15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENT PROJECT) (BEDFORD DEVELOPMENT COMPANY) Note:This requires an affirmative FOUR-FIFTHS (4/5) vote of the City Council; Minutes\05\28\96 -11- 07/02/96 Cuty Councal Minutes June 11, 1996 13.4Direct the City Attorney to file the actions expeditiously; 13.5If the Resolutions are approved, approve the warrants in the amount of $30,000.00 (KI/FKLA Rancho Realty, L.L.C.) And $257,800.00 (Bedford Development company) payable to Arthur Sims, Executive Officer, Superior court of the State of California for the County of Riverside, for the deposits required to be made with the Court to obtain an Order of Possession. 13.6Authorize the City Manager to execute all necessary documents. 13.7Appropriate $290,000.00 from the General Fund to the Capital Improvement Fund. The motion was unanimously carried with Councilmember Stone abstaining. 14.Ordinance Amendona Prima Facee Speed Limit on Puiol Street between 6th Street and ts Southerly Termffinatmo -n Councilmember Stone abstained and stepped down from the dias. Public Works Director Joe Kicak presented the staff report. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to approve staff recommendation as follows: 14.1Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON PUJOL STREET BETWEEN 6TH STREET AND ITS SOUTHERLY TERMINATION The motion was unanimously carried with Councilmember Stone abstaining. 1 5.Ordinance Amend@na Prima Fac*e Speed Limits on Rancho California Road from Mo@ Road to Margarita Road and from Diaz Road t@est City Lo@ Public Works Director Joe Kicak presented the staff report. Councilmember Ford requested the title of the resolution be amended to ad the language "on Rancho California Road". Minutes\05\28\96 -12- 07/02/96 City Counc'l Manutes June 1 1 . 1 996 It was moved by Councilmember Roberts, seconded by Councilmember Stone to approve staff recommendation as amended: 15.1Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMITS ON RANCHO CALIFORNIA ROAD FROM MORAGA ROAD TO MARGARITA ROAD AND ON.@!R @C 0;@@@C OR.NIA ................... R D FROM DIAZ ROAD TO WEST CITY LIMITS ................ The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Ford, seconded by Councilmember Stone to adjourn at 10:20 PM to a meeting on June 18, 1996, Joint Meeting of the City Council/Temecula Valley Unified School District, 6:00 PM, 31350 Rancho Vista Road, Temecula, California. Next regular meeting: June 25, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk Minutas\05\28\96 -13- 07/02196 ITEI\4 3 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNC]IL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIM AND DEMANDS AS SET FORTH IN EXMrr A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $780,665.03. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 9th day of July, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk [SEAL] Resos III STATE OF CALIFORNIA) COUNTY OF RIVERS]IDE) SS CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of July, 1996 by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEM13ERS: June S. Greek, CMC, City Clerk Resos 1 1 1 2 CITY OF TEMECULA LIST OF DEMANDS 06120/96 TOTALCHECKRUN: $71,961.99 06/27/96 TOTALCHECKRUN@ 183,617.26 07/09/96 TOTALCHECKRUN: 380,980.46 06/27/96 TOTAL PAYROLL RUN: 144,105.32 TOTAL LIST OF DEMANDS FOR 07109196 COUNCIL MEETING: $780,665.03 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $82,033.74 100 GAS TAX 44,985.33 140 COMM DEV BLOCK GRANT 0.00 165 RDA-LOW/MOD 169.73 190 COMMUNITY SERVICES DISTRICT 85,833.05 191 TCSD SERVICE LEVEL A 6,880.66 192 TCSD SERVICE LEVEL B 19,472.75 193 TCSD SERVICE LEVEL C 14,429.37 194 TCSD SERVICE LEVEL D 216.74 210 CAPITAL IMPROVEMENT PROJ (CIP) 288,909.66 280 RDA-CIP 19,372.61 300 INSURANCE 313.57 320 INFORMATIONS SYSTEMS 70,255.55 330 SUPPORT SERVICES 1,395.94 340 FACILITIES 2,291.01 636,559.71 AYROLL@ 001 GENERAL $83,948.72 100 GAS TAX 15,861.65 165 RDA-LOW/MOD 458.21 190 TCSD 30,767.31 191 TCSD SERVICE LEVEL A 625.33 192 TCSD SERVICE LEVEL B 697.14 193 TCSD SERVICE LEVEL C 2,397.55 194 TCSD SERVICE LEVEL D 399.26 280 RDA-CIP 2,322.99 300 INSURANCE 591.10 320 INFORMATION SYSTEMS 3,014.38 330 SUPPORT SERVICES 759@12 340 FACILITIES 2,262.56 144,105.32 TO AL BY FUND: $780,665.03 PREPARED BY@RESA@LV@ G SPECIALIST I.- HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENIE40BERtS,DIRECTOROFFIN CE Ir HEREBYCERTIFYTHATTHEFOLLOWINGISTRUEANDCORRECT. RONALD E. E*ABLEY, CITY @AGER @- u Vr' '9E2 CITY OF TEMECULA PAGE 6 )6 17:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 21,439.63 100 GAS TAX FUND 9,472.84 165 RDA DEV- LOW/MOD SET ASIDE 33.88 190 COMMUNITY SERVICES DISTRICT 12,225.03 191 TCSD SERVICE LEVEL A 110.05 192 TCSD SERVICE LEVEL B 12.66 193 TCSD SERVICE LEVEL C 1,193.45 194 TCSD SERVICE LEVEL D 30.84 210 CAPITAL IMPROVEMENT PROJ FUND 16,336.85 280 REDEVELOPMENT AGENCY - CIP 9,983.21 300 INSURANCE FUND 12.15 320 INFORMATION SYSTEMS 61.43 330 SUPPORT SERVICES 13.63 340 FACILITIES 1,036.34 TOTAL 71,961.99 VOUCHRE2 CITY OF TEMECULA P. 1 06/19/96 17:04 VOLJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, CREDIT:POLICY#W962133324 190-180-999-5112 14.98- 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#W962133324 001-2370 4,685.85 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 100-2370 1,893.32 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 165-2370 33.88 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 190-2370 2,127.92 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 191-2370 110.05 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 192-2370 12.66 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#W962133324 193-2370 243.45 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 194-2370 30.84 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 280-2370 116.77 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#W962133324 300-2370 12.15 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 320-2370 61.43 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 330-2370 13.63 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 340-2370 360.62 29707 06/14/96 000128 CAL-SURANCE ASSOCIATES, W/C MAY 96 POLICY#w962133324 340-2370 50.00 9,737.59 29710 06/20/96 000724 A & R CUSTOM SCREEN PRI DAY CAMP T-SHIRTS 190-183-999-5340 180.00 29710 06/20/96 000724 A & R CUSTOM SCREEN PRI DAY CAMP T-SHIRTS 190-183-999-5340 252.00 29710 06/20/96 000724 A & R CUSTOM SCREEN PRI DAY CAMP T-SHIRTS 190-183-999-5340 180.00 29710 06/20/96 000724 A & R CUSTOM SCREEN PRI DAY CAMP T-SHIRTS 190-183-999-5340 72.00 29710 06/20/96 000724 A & R CUSTOM SCREEN PRI DAY CAMP T-SHIRTS 190-183-999-5340 108.00 29710 06/20/96 000724 A & R CUSTOM SCREEN PRI DAY CAMP T-SHIRTS 190-183-999-5340 72.00 29710 06/20/96 000724 A & R CUSTOM SCREEN PRI TAX 190-183-999-5340 66.96 9:), 29711 06/20/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMNT-RANCHO VIST RD 193-180-999-5415 950.00 950.00 29712 06/20/96 001916 ALBERT A. WEBB ASSOCIAT APR PROF SRVCS-6TH ST PARKING 280-199-804-5802 1,757.50 1,757.50 29713 06/20/96 001912 ALLMON, VYLANI TCSD INSTRUCTOR EARNINGS 190-183-999-5330 312.00 312.00 29714 06/20/96 000102 AMERICAN FENCE CO. OF C TEMP FENCE RENTAL-ROTARY PRK 190-180-999-5238 160.00 160.00 29715 06/20/96 000936 AMERICAN RED CROSS SUPPLIES-LIFEGUARD CLASSES 190-183-999-5310 535.00 535.00 29716 06/20/96 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 001-162-999-5263 255.64 29716 06/20/96 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 190-180-999-5263 201.01 456.65 29717 06/20/96 ANDERSON, URSULA REFUND-TEEN PROGRAMS 190-183-4980 6.00 6.00 29718 06/20/96 000647 CALIFORNIA DEPT OF CONS CPA RENEWAL:MJ McLARNEY:41689 001-110-999-5226 175.00 175.00 29719 06/20/96 002328 CALIFORNIA TURF SUNBURST FOUNTAIN AERATOR 210-190-143-5804 3,203.00 29719 06/20/96 002328 CALIFORNIA TURF TAX 210-190-143-5804 248.23 29719 06/20/96 002328 CALIFORNIA TURF MOTOR UNIT/SUB SURFC 210-190-143-5804 2,450.00 29719 06/20/96 002328 CALIFORNIA TURF TAX 210-190-143-5804 189.88 29719 06/20/96 002328 CALIFORNIA TURF SUB TRITON PUMPING CHAMBER 210-190-143-5804 993.00 29719 06/20/96 002328 CALIFORNIA TURF LITE SET (6 LIGHTS) 210-190-143-5804 1,577.00 29719 06/20/96 002328 CALIFORNIA TURF ADDITIONAL CABLE 1501 210-190-143-5804 270.00 29719 06/20/96 002328 CALIFORNIA TURF ADDITIONAL LITE CABLE 1501 210-190-143-5804 186.00 29719 06/20/96 002328 CALIFORNIA TURF TAX 210-190-143-5804 234.53 9,3 Vr' 'qE2 CITY OF TEMECULA PAGE 2 )6 17:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29720 06/20/96 001610 CALTRANS-DISTRICT NO. 8 ENCROACHMNT PERMIT SAN RD/1-15 280-199-807-5802 700.00 700.00 29721 06/20/96 002315 CANNON SPORTS HOCKEY GOAL NET (2) 210-190-137-5804 938.00 29721 06/20/96 002315 CANNON SPORTS FREIGHT 210-190-137-5804 93.80 29721 06/20/96 002315 CANNON SPORTS TAX 210-190-137-5804 72.70 1,104.50 29722 06/20/96 000135 CENTRAL CITIES SIGN SER SIGNS & HARDWARE FOR REPAIRS 100-164-601-5244 990.00 29722 06/20/96 000135 CENTRAL CITIES SIGN SER TAX 100-164-601-5244 76.73 29722 06/20/96 000135 CENTRAL CITIES SIGN SER MISC SIGNS & HARDWARE 100-164-602-5244 640.00 29722 06/20/96 000135 CENTRAL CITIES SIGN SER TAX 100-164-602-5244 49.60 1,756.33 29723 06/20/96 001014 COUNTRY SIGNS & DESIGNS CRC SIGNS REPLACEMENT 190-180-999-5244 131.78 131.78 29724 06/20/96 000155 DAVLIN TAPING OF COUNCIL MEETINGS 001-100-999-5250 800.00 800.00 29725 06/20/96 001669 DUNN EDWARDS CORPORATIO RECYCLED PAINT/MISC SUPPLIES 100-164-601-5218 168.57 29725 06/20/96 001669 DUNN EDWARDS CORPORATIO RECYCLED PAINTIMISC SUPPLIES 100-164-601-5218 83.72 252.29 29726 06/20/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 4/12 MAGNERA 001-162-999-5250 270.52 270.52 ?0727 06/20/96 ELFELT, PENNY REFUND-GROUP GOLF LESSONS 190-183-4982 70.00 70.00 3 06/20/96 000478 FAST SIGNS 4TH OF JULY SIGNS 190-183-999-5370 400.85 400.85 29729 06/20/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0230/SF/MAY 001-100-999-5258 110.59 29729 06/20/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0198/MJM/MAY 001-110-999-5220 16.11 29729 06/20/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0115/JG/MAY 001-120-999-5228 60.00 29729 06/20/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0131/AE/MAY 001-162-999-5260 28.33 29729 06/20/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0131/AE/MAY 001-162-999-5258 9.96- 205.07 29730 06/20/96 000481 GEOTECHNICAL & ENVIRONM MAY PROF SRVCS-SPORTS PARK 210-190-137-5802 1,850.00 1,850.00 29731 06/20/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 190-182-999-5220 32.89 29731 06/20/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 190-181-999-5220 188.19 29731 06/20/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-150-999-5220 58.19 29731 06/20/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-150-999-5220 58.19 29731 06/20/96 000177 GLENNIES OFFICE PRODUCT CREDIT:ITEM RETURNED 001-110-999-5220 11.87- 325.59 29732 06/20/96 002374 GOVERNMENT INTERFACE, L APR PROF SRVCS-FUNDING PROCESS 100-164-603-5248 1,000.00 29732 06/20/96 002374 GOVERNMENT INTERFACE, L MAY PROF SRVCS-FUNDING PROCESS 100-164-603-5248 1,000.00 2,000.00 29733 06/20/96 001292 GRAPHIC EMBROIDERY OF T STAFF SHIRTS-CRYSTAL SPRINGS 190-180-999-5243 770.00 29733 06/20/96 001292 GRAPHIC EMBROIDERY OF T XXLARGE ADDITIONAL FEE 190-180-999-5243 9.00 29733 06/20/96 001292 GRAPHIC EMBROIDERY OF T TAX 190-180-999-5243 60.37 839.37 29734 06/20/96 002252 GUARD SYSTEMS, INC SEC SRVCS W/E 6/2 SPORTS PARK 210-190-137-5801 386.58 386.58 29735 06/20/96 001517 HEALTH & HUMAN RESOURCE HHRC EAP SERVICES 001-150-999-5250 341.70 341.70 06/20/96 000203 JOBS AVAILABLE, INC. JOB RECRUIT AD-COMM DEV TECH 001-150-999-5254 57.60 57.60 VOLJCHRE2 CITY OF TEMECULA PAr- 3 06/19/96 17:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29737 06/20/96 000594 K R T M FM RADIO JULY 4TH ENTERTAINMENT 190-183-999-5370 1,000.00 1,000.00 29738 06/20/96 000820 K R W & ASSOCIATES APR PLAN CHECK SRVCS-LAND DEV. 001-163-999-5249 550.00 29738 06/20/96 000820 K R W & ASSOCIATES APR P/C SRVCS-WESTERN BY-PASS 210-165-612-5802 1,187.50 1,737.50 29739 06/20/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 6/2 EVANS 001-165-999-5118 83.20 29739 06/20/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 6/2 NYSTROM 001-162-999-5118 291.20 374.40 29740 06/20/96 000206 KINKOIS OF RIVERSIDE, I STATIONERY PAPER/MISC SUPPLIES 190-180-999-5220 57.01 29740 06/20/96 000206 KINKOIS OF RIVERSIDE, I MISC PRINTING SUPPLIES 190-180-999-5222 51.13 108.14 29741 06/20/96 001671 LAIDLAW ENVIRONMENTAL S HAZ-MAT STORAGE/DISPOSAL 100-164-601-5430 534.00 534.00 29742 06/20/96 002187 LAKE ELSINORE ANIMAL FR MAY 96-ANIMAL CNTRL SERVS 001-172-999-5255 4,339.64 4,339.64 29743 06/20/96 000219 MARTIN 1-HDtJR PHOTO PHOTO DEVEL - TRAFFIC DIVISION 100-164-602-5250 6.41 29743 06/20/96 000219 MARTIN 1-HOtJR PHOTO FILM & PHOTO DEVELOPING 100-164-601-5250 10.18 29743 06/20/96 000219 MARTIN 1-HOUR PHOTO FILM & PHOTO DEVELOPING 001-163-999-5250 75.91 29743 06/20/96 000219 MARTIN 1-HOtJR PHOTO FILM & PHOTO DEVELOPING 001-165-999-5250 82.14 174.64 29744 06/20/96 000220 MAURICE PRINTERS, INC. LETTERHEADS FOR RDA 280-199-999-5270 40.00 29744 06/20/96 000220 MAURICE PRINTERS, INC. TAX 280-199-999-5270 3.10 29744 06/20/96 000220 MAURICE PRINTERS, INC. MAPS/OLD TWN MAINST ASSOC 280-199-999-5264 776.88 29744 06/20/96 000220 MAURICE PRINTERS, INC. RDA NEWSLETTER (26,600) 280-199-999-5250 2,942.65 29744 06/20/96 000220 MAURICE PRINTERS, INC. SKATE PRK RESIDENT CARDS 190-180-999-5301 78.00 29744 06/20/96 000220 MAURICE PRINTERS, INC. TAX 190-180-999-5301 6.05 29744 06/20/96 000220 MAURICE PRINTERS, INC. LETTERHEADS FOR RDA 280-199-999-5270 406.00 29744 06/20/96 000220 MAURICE PRINTERS, INC. TAX 280-199-999-5270 31.47 29744 06/20/96 000220 MAURICE PRINTERS, INC. CREDIT-OLD TOWN MAPS 280-199-999-5264 575.00- 3,709.15 29745 06/20/96 000843 MCDANIEL ENGINEERING CO MAY PRGSS-WINCH/1-15 BRIDGE 280-199-602-5804 277.94 277.94 29746 06/20/96 MCGUIRE, ALISON REFUND-FACILITY ROOM RENTAL 190-183-4990 50.00 29746 06/20/96 MCGUIRE, ALISON REFUND-SECURITY DEPOSIT 190-2900 100.00 150.00 29747 06/20/96 002035 MORTON INTERNATIONAL TRAFFIC MARKING PAINT-WHITE 100-164-601-5218 2,125.00 29747 06/20/96 002035 MORTON INTERNATIONAL TAX 100-164-601-5218 164.69 2,289.69 29748 06/20/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES PA96-0065 001-161-501-5256 32.63 29748 06/20/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES PA96-0029 001-161-501-5256 31.10 63.73 29749 06/20/96 002292 OASIS VENDING HOT BEVERAGE SUPPLIES/SERVICES 340-199-999-5250 625.72 625.72 29750 06/20/96 PINO, BRENDA REFUND-CREATIVE BEGINNINGS 190-183-4982 22.00 22.00 29751 06/20/96 000251 PLANNING CENTER, INC., MAY PRGSS-CC)MPUTER SYS DEV COD 001-161-502-5248 409.75 409.75 29752 06/20/96 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-161-501-5230 45.00 29752 06/20/96 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS 001-120-999-5230 94.65 130',5 29753 06/20/96 000254 PRESS-ENTERPRISE COMPAN RECRUITMNT ADS(D CMP/RECR/MIN) 001-150-999-5254 632.72 6- Vf" -'R E 2 CITY OF TEMECULA PAGE 4 ?6 17:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29754 06/20/96 000728 RAMSEY BACKFLOW & PLUMB REPAIR BACKFLOW RANCHO CAL SPT 190-180-999-5415 275.00 29754 06/20/96 000728 RAMSEY BACKFLOW & PLUMB IRRIGATION REPAIRS/RANCHO SPT 190-180-999-5415 415.00 690.00 29755 06/20/96 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES - PARKS 190-180-999-5212 139.64 139.64 29756 06/20/96 001628 REBEL RENTALS WELDING LABOR CHARGES 100-164-601-5238 188.57 188.57 29757 06120/96 001500 REGIONAL TRAINING CENTE SUPERVISR WKSHP:KH,JC,PR:APR96 190-180-999-5261 1,200.00 1,200.00 29758 06/20/96 REGISTER OF COPYRIGHTS FILING FEE CITY LOGO COPYRIGHT 280-199-999-5250 20.00 20.00 29759 06/20/96 001046 REXON, FREEDMAN, KLEPET MAY 96 PROF LEGAL SERVS 001-130-999-5247 210.00 210.00 29760 06/20/96 000352 RIVERSIDE CO. ASSESSOR 11 MAP COPIES 190-180-999-5220 5.50 5.50 29761 06/20/96 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 001-163-999-5220 10.50 10.50 29762 06/20/96 000268 RIVERSIDE CO. HABITAT K-RAT COLLECTED FOR MAY 96 001-2300 6,474.00 6,474.00 29763 06/20/96 001441 SAN DIEGO COUNTY TREASU TECHNICAL SERVICES RENDERED 001-150-999-5250 250.00 250.00 06/20/96 000403 SHAWN SCOTT POOL & SPA POOL MAINT SERV-TEM ELEM SCHO 190-180-999-5212 464.00 464.00 29765 06/20/96 000519 SOUTH COUNTY PEST CONTR PEST CNTRL SERV-SR CENTER-MAY 190-181-999-5250 29.00 29.00 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4769 JS 001-100-999-5208 60.68 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4204 KL 001-100-999-5208 35.35 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 205-4070 MJM 001-110-999-5208 68.49 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4763 PB 001-100-999-5208 37.00 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4758 RR 001-100-999-5208 43.28 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4770 RB 001-110-999-5208 41.39 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-5153 GY 001-150-999-5208 69.50 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4764 GT 001-161-501-5208 24.04 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4764 GT 001-161-502-5208 24.04 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 203-9994 BB 100-164-601-5208 59.72 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4764 BB PW BLAZER 100-164-601-5208 114.84 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4760 JH 100-164-603-5208 145.63 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 202-4765 PW MAINT CREW 100-164-601-5208 40.36 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 205-8688 PW EOC 100-164-604-5208 102.39 29766 06/20/96 000375 SOUTHERN CALIF TELEPHON 909 206-0992 BH 190-180-999-5208 39.40 906.11 29767 06/20/96 SOUTHWEST COUNTY ALLIAN SW CO ALLIANCE CF:FINAL PMT: 280-199-999-5270 2,500.00 2,500.00 29768 06/20/96 000291 SPEE DEE OIL CHANGE & T CITY VEHICLE MAINT. & REPAIRS 001-162-999-5214 22.49 29768 06/20/96 000291 SPEE DEE OIL CHANGE & T REPAIR & MAINT CITY VEHICLES 190-180-999-5214 23.99 46.48 29769 06/20/96 STEPHENSON, LEASA REFUND-SPRING DAY CAMP 190-183-4984 502.00 502.00 29770 06/20/96 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES-CURR PLANNING 001-161-501-5220 7.93 7.93 VCXJCHRE2 CITY OF TEMECULA PP'- -5 06/19/96 17:04 VOLJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29771 06/20/96 000420 TRANS-PACIFIC CONSULTAN MAR PRGSS PMT-PAVEMNT MGT SYST 210-165-655-5802 2,546.25 29771 06/20/96 000420 TRANS-PACIFIC CONSULTAN CREDIT:INV EXCEEDED CONTRACT 210-165-655-5802 89.62- 2,456.63 29772 06/20/96 000326 UNITOG RENTAL SERVICE, UNIFORMS MAINT-PW MAINT CREW 100-164-601-5243 79.11 29772 06/20/96 000326 UNITOG RENTAL SERVICE, TCSD UNIFORM RENTAL:5/17-6/7 190-180-999-5243 63.13 29772 06/20/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL:5/24-6/7 190-182-999-5250 91.39 29772 06/20/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL CRC:5/24-6/7 190-182-999-5250 82.86 29772 06/20/96 000326 UNITOG RENTAL SERVICE, FLR MAT RENTAL:SR CNTR:5/24-6/ 190-181-999-5250 52.77 369.26 29773 06/20/96 001342 WAXIE SANITARY SUPPLY, BLDG. MAINT. SUPPLIES-PARKS 190-180-999-5212 486.12 29773 06/20/96 001342 WAXIE SANITARY SUPPLY, BLDG. MAINT. SUPPLIES-PARKS 190-180-999-5212 176.29 29773 06/20/96 001342 WAXIE SANITARY SUPPLY, BLDG. MAINT. SUPPLIES-PARKS 190-180-999-5212 16.49 29773 06/20/96 001342 WAXIE SANITARY SUPPLY, BLDG. MAINT. SUPPLIES-PARKS 190-180-999-5212 690.77 29773 06/20/96 001342 WAXIE SANITARY SUPPLY, BLDG. MAINT. SUPPLIES-PARKS 190-180-999-5212 12.23 29773 06/20/96 001342 WAXIE SANITARY SUPPLY, BLDG. MAINT. SUPPLIES-PARKS 190-180-999-5212 176.26 29773 06120/96 001342 WAXIE SANITARY SUPPLY, BLDG. MAINT. SUPPLIES-PARKS 190-180-999-5212 1.99- 1,556.17 29774 06/20/96 000339 WEST PUBLISHING COMPANY PUBLICATION:CA CODES:LEGAL BKS 001-120-999-5228 69.65 69.65 29775 06/20/96 002109 WHITE CAP CAUTION TAPE 001-162-999-5242 225.01 29775 06/20/96 002109 WHITE CAP DANGER TAPE 001-162-999-5242 142.69 29775 06/20/96 002109 WHITE CAP ORANGE VESTS 001-162-999-5242 23.64 29775 06/20/96 002109 WHITE CAP 2411 CROWBAR 001-162-999-5242 5.38 29775 06/20/96 002109 WHITE CAP TAX 001-162-999-5242 30.74 427.46 29776 06/20/96 002092 WINTER GRAPHICS SOUTH 1/2 PG AD LAYOUT FOR CALIF MAG 280-199-999-5270 457.93 29776 06/20/96 002092 WINTER GRAPHICS SOUTH GUEST INFORMANT LAYOUT 280-199-999-5270 527.97 985.90 TOTAL CHECKS 71,961.99 %@-'HRE2 CITY OF TEMECULA PAGE 11 196 18:16 VOIJCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 53,776.72 100 GAS TAX FUND 9,554.44 165 RDA DEV- LOW/MOD SET ASIDE 135.85 190 COMMUNITY SERVICES DISTRICT 42,331.97 191 TCSD SERVICE LEVEL A 6,770.61 192 TCSD SERVICE LEVEL B 19,460.09 193 TCSD SERVICE LEVEL C 13,235.92 194 TCSD SERVICE LEVEL D 185.90 210 CAPITAL IMPROVEMENT PROJ FUND 13,283.63 280 REDEVELOPMENT AGENCY - CIP 9,389.40 300 INSURANCE FUND 301.42 320 INFORMATION SYSTEMS 12,554.33 330 SUPPORT SERVICES 1,382.31 340 FACILITIES 1,254.67 TOTAL 183,617.26 VOUCHRE2 CITY OF TEMECULA 06/26/96 18:16 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 297T7 06/20/96 001770 SITZ, JAMES REISSUE:SALES TAX ASST FY93/94 001-2030 200.70 200.70 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-502-5260 24.12 29T78 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-502-5260 35.61 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-501-5220 11.56 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-501-5230 1.72 29778 06124/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-501-5260 7.28 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-502-5220 12.92 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5222 4.a4 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-501-5222 11.85 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-502-5222 11.85 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 43.20 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 6.47 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 4.25 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 7.78 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 5.65 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 4.79 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 1.50 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 50.00 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 56.21 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5263 27.13 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 28.35 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 23.81 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-163-999-5220 14.15 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 47.65 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5340 6.35 29778 06/24/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 24.76 473.80 29779 06/24/96 002239 COOPER & VOCHELLI CREDIT:COVERED IN INVOICE#114 280-199-999-5270 189.80- 29779 06/24/96 002239 COOPER & VOCHELLI DESIGN-TOURISM BROCHURE 280-199-999-5270 989.80 800.00 611213 06/27/96 000444 FIRSTAX (EDD) 000444 SDI 001-2070 80.62 611213 06/27/96 000444 FIRSTAX (EDD) 000444 SDI 100-2070 14.26 611213 06/27/96 000444 FIRSTAX (EDD) 000444 SDI 190-2070 129.80 611213 06/27/96 000444 FIRSTAX (EDD) 000444 SDI 193-2070 5.08 611213 06/27/96 000444 FIRSTAX (EDD) 000444 SDI 280-2070 10.33 611213 06/27/96 000444 FIRSTAX (EDD) 000444 SDI 320-2070 19.15 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 001-2070 3,521.97 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 100-2070 701.57 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 165-2070 8.91 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 190-2070 732.34 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 191-2070 17.57 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 192-2070 10.68 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 193-2070 98.78 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 194-2070 16.22 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 280-2070 43.72 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 300-2070 38.17 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 320-2070 228.38 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 330-2070 21.76 611213 06/27/96 000444 FIRSTAX (EDD) 000444 STATE 340-2070 23.37 5, 1 --'-NRE2 CITY OF TEMECULA PAGE 2 f96 18:16 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 001-2070 13,054.03 680150 06127/96 000283 FIRSTAX (IRS) 000283 FEDERAL 100-2070 2,764.04 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 165-2070 29.55 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 190-2070 3,657.26 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 191-2070 93.57 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 192-2070 84.43 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 193-2070 417.64 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 194-2070 74.72 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 280-2070 217.50 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 300-2070 128.52 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 320-2070 758.32 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 330-2070 114.17 680150 06/27/96 000283 FIRSTAX (IRS) 000283 FEDERAL 340-2070 180.43 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 001-2070 3,101.09 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 100-2070 582.02 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 165-2070 14.62 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 190-2070 1,067.88 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 191-2070 21.68 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 192-2070 23.48 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 193-2070 86.58 (--nl5O 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 194-2070 14.56 10 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 280-2070 78.50 @50 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 300-2070 22.44 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 320-2070 130.14 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 330-2070 25.00 680150 06/27/96 000283 FIRSTAX (IRS) 000283 MEDICARE 340-2070 75.16 26,817.33 29782 06/27/96 000724 A 8, R CUSTOM SCREEN PRI TINY TOTS T-SHIRTS 190-183-999-5380 323.25 29782 06/27/96 000724 A & R CUSTOM SCREEN PRI JULY 4TH PROMOTIONAL T-SHIRTS 190-183-999-5370 769.00 29782 06/27/96 000724 A 8, R CUSTOM SCREEN PRI TAX 190-183-999-5370 59.60 29782 06/27/96 000724 A & R CUSTOM SCREEN PRI SKATE PARK PROMOTIONAL T-SHIRT 190-183-999-5320 870.00 29782 06/27/96 000724 A & R CUSTOM SCREEN PRI SCREEN SET-UP 190-183-999-5320 25.00 29782 06/27/96 000724 A & R CUSTOM SCREEN PRI TAX 190-183-999-5320 69.36 2,116.21 29783 06/27/96 001515 A S A P TRUCK TRACTOR 8, WEED ABATE-OVERLAND OVERPASS 100-164-601-5402 80.00 29783 06/27/96 001515 A S A P TRUCK TRACTOR & WEED ABATE-FIRE WORKS SHOW 190-183-999-5370 320.00 400.00 29784 06/27/96 002038 ACTION POOL & SPA SUPPL POOL MAINTENANCE SUPPLIES 190-182-999-5212 23.69 29784 06/27/96 002038 ACTION POOL & SPA SUPPL POOL MAINTENANCE SUPPLIES 190-182-999-5212 37.70 61.39 29785 06/27/96 001912 ALLMON, VYLANI TCSD INSTRUCTOR EARNINGS 190-183-999-5330 360.00 360.00 29786 06/27196 BORDEN, JANETTE REFUND:SWIMMING LESSONS 190-183-49T5 55.00 55.00 29787 06/27/96 002208 BUSINESS PRESS, THE SUB:WEEKLY BUSINESS REPT 280-199-999-5228 88.00 88.00 29788 06/27/96 000588 C C A P A CONFERENCE APA CF-10/2-5;THORNHILL;FAGAN 001-161-501-5258 435.00 29788 06/27/96 000588 C C A P A CONFERENCE APA CF-10/2-5;THORNHILL;FAGAN 001-161-502-5258 435.00 870.00 9 06/27/96 001627 CALIFORNIA CPA CF-GOV'T FIN.-OAKLEY 7/15-16 001-140-999-5261 440.00 440.00 VOUCHRE2 CITY OF TEMECULA P'-- 3 06/26/96 18:16 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VO(JCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29790 06/27/96 001099 CALIFORNIA STATE CONTRO SCHEDULE OF STATE REVENUES RCV 001-140-999-5250 100.00 100.00 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-110-999-5262 21.93 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 100-164-603-5262 18.55 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-162-999-5263 6.57 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-161-501-5262 21.26 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-161-502-5262 3.28 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-161-502-5262 8.86 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-161-501-5262 8.86 29791 06/27/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-162-999-5263 17.73 107.04 29792 06/27/96 001193 COMP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 102.85 102.85 29793 06/27/96 001275 COMPUSERVE, INC. SUB:COMP INFORMATION SERVICE 320-199-999-5228 10.00 10.00 29794 06/27/96 002379 CONNIE'S CREATIVE BASKE GIFT BASKETS STATE TOURISM 280-199-999-5270 532.50 532.50 29795 06/27/96 002182 D K S ASSOCIATES APR ANALYSIS 1-15 CORRIDOR 210-165-633-5802 4,535.29 4,535.29 29796 06/27/96 001393 DATA TICKET, INC. APR PARKING CITATION BILLING 001-140-999-5250 82.75 29796 06/27/96 001393 DATA TICKET, INC. APR PARKING CITATION BILLING 001-170-999-5250 82.75 16r- so 29797 06/27/96 001029 DATAQUICK, INC. MNTHY COUNTY PARCEL INFORMATIO 320-199-999-5250 533.36 -0 29798 06/27/96 000155 DAVLIN TAPING OF PLANNING COMMISSION 001-161-501-5250 150.00 150.00 29799 06/27/96 001669 DUNN EDWARDS CORPORATIO RECYCLED PAINT/MISC SUPPLIES 100-164-601-5218 101.93 101.93 29800 06/27/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 6/7 NICHOLS 280-199-602-5801 2,346.30 29800 06/27/96 001380 E S I EMPLOYMENT SERVIC CITY HALL INSP W/E 6/7 MAGNERA 210-199-650-5804 1,624.00 3,970.30 29801 06/27/96 000523 EASTERN MUNICIPAL WATER MAY WATER SRVC-DIEGO DR LDSC 193-180-999-5240 354.71 354.71 29802 06/27/96 000754 ELLIOTT GROUP, THE (10) LDSC INSPECTIONS SLOPES 193-180-999-5250 900.00 900.00 29803 06/27/96 001056 EXCEL LANDSCAPE LDSC IMPROVEMENTS - SLOPES 193-180-999-5416 375.00 29803 06/27/96 001056 EXCEL LANDSCAPE IRRIG REPAIR TCSD SLOPES 193-180-999-5416 398.00 29803 06/27/96 001056 EXCEL LANDSCAPE CREDIT:INCORRECTLY BILLED 193-180-999-5416 75.00- 29803 06/27/96 001056 EXCEL LANDSCAPE CREDIT:PER QUOTE PROVIDED 193-180-999-5416 73.00- 625.00 29804 06/27/96 002148 EXPRESS TEL MAY LONG DISTANCE PHONE SRVCS 320-199-999-5208 401.88 401.B8 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 30.50 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 210-199-650-5804 22.69 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 8.75 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-100-999-5230 8.75 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 19.00 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-804-5801 15.25 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 35.10 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 48.87 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 190-180-999-5230 18.00 V'---'RE2 CITY OF TEMECULA PAGE 4 96 18:16 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-110-999-5230 8.75 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-161-501-5230 45.75 29805 06/27/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 8.75 270.16 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0222/RR/JUN 001-100-999-5258 395.91 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0222/RR/JUN 001-100-999-5258 16.78 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0222/RR/JUN 001-100-999-5258 .09 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0172/RB/JUN 001-110-999-5260 30.00 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0172/RB/JUN 001-110-999-5228 37.80 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0172/RB/JUN 001-110-999-5258 685.98 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0206/GR/JUN 001-140-999-5258 895.59 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0206/GR/JUN 001-140-999-5261 48.00 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0123/GT/JUN 001-161-502-5260 64.41 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0123/GT/JUN 001-161-501-5261 128.83 29806 06/27/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0057/SN/JUN 190-180-999-5260 80.79 2,384.18 29807 06/27/96 000184 G T E CALIFORNIA - PAYM 909-181-1123/GENERAL USAGE/JUN 320-199-999-5208 543.47 29807 06/27/96 000184 G T E CALIFORNIA - PAYM 909-308-1079/GENERAL USAGE/MAY 320-199-999-5208 303.59 29807 06/27/96 000184 G T E CALIFORNIA - PAYM 909-676-6243/PALA COMM PRK/JUN 320-199-999-5208 26.71 29807 06/27/96 000184 G T E CALIFORNIA - PAYM 909-694-1993/GENERAL USAGE/MAY 320-199-999-5208 1,349.82 ,@0 107 06/27/96 000184 G T E CALIFORNIA - PAYM 909-694-4354/PALA COMM PRK/JUN 320-199-999-5208 29.43 7 06/27/96 000184 G T E CALIFORNIA - PAYM 909-694-6400/GENERAL USAGE/MAY 320-199-999-5208 879.28 j7 06/27/96 000184 G T E CALIFORNIA - PAYM 909-695-3539/GENERAL USAGE/MAY 320-199-999-5208 41.12 29807 06/27/96 000184 G T E CALIFORNIA - PAYM 909-699-0128/GENERAL USAGE/MAY 320-199-999-5208 1,023.83 29807 06/27/96 000184 G T E CALIFORNIA - PAYM 909-699-2309/GENERAL USAGE/MAY 320-199-999-5208 31.08 29807 06/27/96 000184 G T E CALIFORNIA - PAYM 909-699-8632/GENERAL USAGE/JUN 320-199-999-5208 27.34 4,255.67 29808 06/27/96 001355 G T E CALIFORNIA, INC. MAY ACCESS CHARGES CITY HALL 320-199-999-5208 350.00 29808 06/27/96 001355 G T E CALIFORNIA, INC. MAY ACCESS CHARGES CRC 320-199-999-5208 305.00 655.00 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-110-999-5220 54.18 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR FINANCE 001-140-999-5220 30.60 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR FINANCE 001-140-999-5220 22.78 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 001-140-999-5220 423.34 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT TAX 001-140-999-5220 32.81 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 001-140-999-5220 79.44 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 190-180-999-5220 12.13 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 190-180-999-5220 26.74 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-140-999-5220 24.65 29809 06/27/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-120-999-5220 92.31 29809 06/27/96 00017'7 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-140-999-5220 43.18 842.16 29810 06/27/96 002055 GOPHER SPORT FITNESS VIDEO FOR SEN CENTER 190-181-999-5301 29.95 29.95 29811 06/27/96 002395 GOVENOR'S OFFICE PUB:TRACKING C.E.Q.A. 001-161-501-5228 4.50 29811 06/27/96 002395 GOVENDRIS OFFICE PUB:TRACKING C.E.Q.A. 001-161-502-5228 4.50 9.00 29812 06/27/96 000711 GRAPHICS UNLIMITED LITH 250 4TH OF JULY POSTERS 190-183-999-5370 884.00 29812 06/27/96 000711 GRAPHICS UNLIMITED LITH TAX 190-183-999-5370 68.51 952.51 1 06/27/96 000180 GRAYBAR ELECTRIC COMPAN MISC COMPUTER SUPPLIES 320-199-999-5221 415.00 415.00 VOUCHRE2 CITY OF TEMECULA P' 5 06/26/96 18:16 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29814 06/27/96 002252 GUARD SYSTEMS, INC SEC SRVCS W/E 6/9 SPORTS PARK 210-190-137-5801 326.65 326.65 29815 06/27/96 000520 H D L COREN & CONE, INC PROPERTY TAX CONSULTING SERVS. 001-140-999-5248 2,400.00 2,400.00 29816 06/27/96 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES FOR TCSD 190-180-999-5212 237.52 29816 06/27/96 000186 HANKS HARDWARE, INC. MISC HARDWARE SUPPLIES TCSD 190-180-999-5212 204.45 441.97 29817 06/27/96 HEAD TO TOE FACADE IMPROV REBATE PROGRAM 280-199-813-5804 430.40 430.40 29818 06/27/96 HOBBS, DIANE K REFUND:DISMISSED PARKING CIT. 001-2265 50.00 29818 06/27/96 HOBBS, DIANE K REFUND:DISMISSED PARKING CIT. 001-2260 5.00 29818 06/27/96 HOBBS, DIANE K REFUND:DISMISSED PARKING CIT. 001-170-4055 270.00 325.00 29819 06/27/96 001720 HOMETRONICS, INC. REPAIR PROJECTOR 190-182-999-5212 575.00 575.00 29820 06/27/96 001119 HOUSTON & HARRIS PIPE C EMERGENCY STORM DRAIN CLEANING 100-164-601-5401 675.00 675.00 29821 06/27/96 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,285.90 29821 06/27/96 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 100-2080 127.08 29821 06/27/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 436.92 1,849.90 29822 06/27/96 001429 INACOM INFORMATION SYST MISC COMPUTER SUPPLIES 320-199-999-5221 301.09 29823 06/27/96 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 207.42 207.42 29824 06/27/96 002047 INTERNAL REVENUE SERV LEVY ON CONTRACTOR 280-199-805-5804 428.25 428.25 29825 06/27/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 154.91 29825 06/27/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 100-2140 154.90 309.81 29826 06/27/96 JENSON, KELLY REFUND:SWIMMING LESSONS 190-183-4975 25.00 25.00 29827 06/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 6/9 EVANS 001-165-999-5118 332-80 29827 06/27/96 001667 KELLY TEMPORARY SERVICE TEMP HELP (3) W/E 6/9 NYSTROM 001-162-999-5118 936.00 1,268.80 29828 06/27/96 002356 KETCH ENERGY INC ELECTRICIAN FOR DUCK POND 190-180-999-5212 1,000.00 1,000.00 29829 06/27/96 000206 KINKO'S OF RIVERSIDE, I MISC. PRINTING SUPPLIES 190-180-999-5220 17.24 29829 06/27/96 000206 KINKO'S OF RIVERSIDE, I STATIONERY PAPER/MISC SUPPLIES 190-180-999-5220 21.98 29829 06/27/96 000206 KINKOIS OF RIVERSIDE, I STATIONERY PAPER/MISC SUPPLIES 190-180-999-5220 7.28 29829 06/27/96 000206 KINKOIS OF RIVERSIDE, I STATIONERY PAPER/MISC SUPPLIES 190-180-999-5220 37.09 29829 06/27/96 000206 KINKO'S OF RIVERSIDE, I MISC PRINTING SUPPLIES 190-180-999-5220 10.07 93.66 29830 06/27/96 001982 L WILLIAMS LANDSCAPE, I REMOVAL OF DEAD TREE & STUMP 100-164-601-5402 300.00 300.00 29831 06/27/96 002295 LEWIS & LEWIS ENTERPRIS MISC. INSPECTOR TOOLS-LAND DEV 001-163-999-5242 439.25 29831 06/27/96 002295 LEWIS & LEWIS ENTERPRIS TAX 001-163-999-5242 31.85 471.10 29832 06/27/96 002394 LINCOLN INSTITUTE PUB:ALTER. SPRAWL NEW URBANISM 001-161-501-5228 16.00 29832 06/27/96 002394 LINCOLN INSTITUTE PUB:ALTER. SPRAWL NEW URBANISM 001-161-502-5228 16.00 V@'-'4RE2 CITY OF TEMECULA PAGE 6 96 18:16 VOIJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29833 06/27/96 000996 LOCAL GOVERNMENT PUBLIC PUB:LONGTINIS CA LAND USE 2D 001-110-999-5228 89.52 89.52 29834 06/27/96 002392 MAKING CITIES LIVABLE PUB:LIVABLE CITIES 001-161-501-5228 20.50 29834 06/27/96 002392 MAKING CITIES LIVABLE PUB:LIVABLE CITIES 001-161-502-5228 20.50 41.00 29835 06/27/96 MARAIA, LAURA REFUND:GYMNASTICS 190-183-4982 68.00 68.00 29836 06/27/96 000226 MICRO AGE COMPUTER CENT MISC COMPUTER SUPPLIES 320-199-999-5221 48.49 29836 06/27/96 000226 MICRO AGE COMPUTER CENT HP LASERJET 5MP PRINTER 320-1970 995.00 29836 06/27/96 000226 MICRO AGE COMPUTER CENT TAX 320-1970 77.11 1,120.60 29837 06/27/96 001384 MINUTEMAN PRESS BUSINESS CARDS:LYNDON RAY WOOD 001-170-999-5222 38.25 29837 06/27/96 001384 MINUTEMAN PRESS TAX 001-170-999-5222 2.96 29837 06/27/96 001384 MINUTEMAN PRESS GOLD FOIL BUS. CARDS-T.HAFELI 320-199-999-5220 102.50 29837 06/27/96 001384 MINUTEMAN PRESS TAX 320-199-999-5220 7.94 151.65 29838 06/27/96 000228 MOBIL, INC. 859-216-146-0 FUEL EXPENSE 001-161-501-5262 7.89 29838 06/27/96 000228 MOBIL, INC. 859-216-146-0 FUEL EXPENSE 001-161-502-5262 7.88 29838 06/27/96 000228 MOBIL, INC. 859-216-146-0 FUEL EXPENSE 001-110-999-5263 19.28 29838 06/27/96 000228 MOBIL, INC. 859-216-146-0 FUEL EXPENSE 001-170-999-5262 1.47 20838 06/27/96 000228 MOBIL, INC. 859-216-146-0 FUEL EXPENSE 001-170-999-5262 147.81 184.33 .)9 06/27/96 002213 MUFFLERS WEST OF TEMECU PARTS FOR TRAILER HITCH TEM PD 001-170-999-5215 100.00 29839 06/27/96 002213 MUFFLERS WEST OF TEMECU LABOR TO INSTALL HITCH TEM PD 001-170-999-5215 25.00 29839 06/27/96 002213 MUFFLERS WEST OF TEMECU FREIGHT 001-170-999-5215 7.00 29839 06/27/96 002213 MUFFLERS WEST OF TEMECU TAX 001-170-999-5215 7.75 139.75 29840 06/27/96 000587 MUNOZ, MARIO N. REIMB:BOOT ALLOWANCE 190-180-999-5243 95.00 95.00 29841 06/27/96 001394 NATIONAL SANITARY SUPPL BUILDING MAINTENANCE SUPPLIES 190-182-999-5212 57.99 57.99 29842 06/27/96 001676 NEXTEL COMMUNICATIONS, DISPATCH RADIOS MOBILE SERVS 320-199-999-5209 984.00 29842 06/27/96 001676 NEXTEL COMMUNICATIONS, CHANGED VENDORS ON 6/10/96 320-199-999-5209 656.00- 328.00 29843 06/27/96 002139 NORTH COUNTY TIMES DISPLAY ADS-CIP UPDATES 001-165-999-5256 149.60 29843 06/27/96 002139 NORTH COUNTY TIMES PLANNING COMM POSITION AD 001-120-999-5254 224.40 29843 06/27/96 002139 NORTH COUNTY TIMES DISPLAY ADS FOR CAPITAL PROJ. 001-165-999-5256 132.40 29843 06/27/96 002139 NORTH COUNTY TIMES ADD FOR LOCAL REVIEW BOARD 001-120-999-5254 115.64 29843 06/27/96 002139 NORTH COUNTY TIMES ADD FOR LOCAL REVIEW BOARD 001-120-999-5254 56.10 29843 06/27/96 002139 NORTH COUNTY TIMES DISPLAY ADS FOR CAPITAL PROJ. 001-165-999-5256 154.20 29843 06/27/96 002139 NORTH COUNTY TIMES RECRUITMENT ADVERTISING 001-150-999-5254 101.12 29843 06/27/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES:PA96-0046 001-161-501-5256 31.95 29843 06/27/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES:PA96-0033 001-161-501-5256 29.56 29843 06/27/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES:PLANNING COMM 001-120-999-5254 33.91 29843 06/27/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES:ORD #96-11 001-120-999-5256 18.23 29843 06/27/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES:ORD #96-12 001-120-999-5256 18.23 29843 06/27/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES:PA96-0092 001-161-501-5256 35.70 29843 06/27/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES - PA96-0073 001-161-501-5256 31.10 29843 06127/96 002139 NORTH COUNTY TIMES PUBLIC NOTICES - PA96-0056 001-161-501-5256 30.42 06/27/96 002139 NORTH COUNTY TIMES RECRUITMENT ADS 001-150-999-5254 131.50 1,294.06 VOUCHRE2 CITY OF TEMECULA P'- 7 06/26/96 18:16 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29844 06/27/96 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE & REPAIR 100-164-601-5214 217.46 217.46 29845 06/27/96 002297 PACIFIC RELOCATION CONS MAY PROF SRVCS-RELOC. ASST SRV 280-1279 4,000.00 4,000.00 29846 06/27/96 002398 PALOMAR COMMUNICATIONS DISPATCH RADIO MOBILE SERVICE 320-199-999-5209 400.00 400.00 29847 06/27/96 000472 PARADISE CHEVROLET, INC TCSD VEHICLE REPAIRS/MAINT 190-180-999-5214 386.96 386.96 29848 06/27/96 PEACOX, ANN TINY TOTS 190-183-4980 170.00 170.00 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 191.62 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 100-2130 65.18 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 13,982.33 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 100-2390 2,565.28 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 82.54 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 3,041.93 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 95.64 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 111.05 29849 06/27/96 000246 PERS (EMPLOYEES# RETIRE 000246 PERS RET 193-2390 326.05 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 75.17 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 226.21 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 106.83 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 282.54 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 119.24 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 361.73 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 52.94 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 100-2390 10.69 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 .23 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 13.49 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .47 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .93 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.39 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .23 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 .78 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .46 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 29849 06/27/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 21,718.90 29850 06/27/96 000580 PHOTO WORKS SLIDES, PICTURES, COPIES 001-161-502-5224 15.49 15.49 29851 06/27/96 002019 PRECISION INTERCONNECT CABLE INSTALLATION 320-199-999-5215 160.00 29851 06/27/96 002019 PRECISION INTERCONNECT CABLE INSTALLATION 320-199-999-5215 85.00 245.00 29852 06/27/96 000516 PRENTICE HALL, INC. PUB:WHAT DO I SAY WHEN 001-161-501-5228 18.99 29852 06/27/96 000516 PRENTICE HALL, INC. PUB:WHAT DO I SAY WHEN 001-161-502-5228 18.98 37.97 29853 06/27/96 002110 PRIME EQUIPMENT EQUIPMENT RENTALS - PARKS 190-180-999-5238 18.32 18.32 29854 06/27/96 000255 PRO LOCK & KEY LOCKSMITH SERVS @ T.E.S. POOL 190-180-999-5212 196.97 29854 06/27/96 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212 76.12 V- @RE2 CITY OF TEMECULA PAGE 8 96 18:16 VCXJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29854 06/27/96 000255 PRO LOCK & KEY LOCKSMITH SERVICES-CITY HALL 340-199-999-5212 36.64 309.73 29855 06/27/96 002332 QUIGLEY, MICHAEL REBAR CURB-SOCCER FIELD TEM PR 190-180-999-5415 3,471.30 3,471.30 29856 06/27/96 000546 RADIO SHACK MISC COMPUTER SUPPLIES 320-199-999-5221 286.56 286.56 29857 06/27/96 000262 RANCHO CALIFORNIA WATER MAY WATER SRVC-28763 FRONT ST 100-164-601-5240 27.43 29857 06/27/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS-CITY WIDE 190-180-999-5240 7,486.20 29857 06/27/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS-CITY WIDE 190-181-999-5240 105.36 29857 06/27/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS-CITY WIDE 190-182-999-5240 2,853.98 29857 06/27/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS-CITY WIDE 191-180-999-5240 281.05 29857 06/27/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS-CITY WIDE 193-180-999-5240 10,235.69 29857 06/27/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS-CITY WIDE 340-199-999-5240 381.75 21,371.46 29858 06/27/96 RANCHO ELEMENTARY SCHOO REFUND:SECURITY DEPOSIT 190-183-4988 100.00 100.00 29859 06/27/96 000426 RANCHO INDUSTRIAL SUPPL MISC JANITORIAL SUPPLIES 190-180-999-5212 84.39 29859 06/27/96 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES - PARKS 190-180-999-5212 65.99 150.38 29860 06/27/96 REYES, SONIA SINGING & STAGE PERFORMANCE 190-183-4982 31.00 31.00 1 06/27/96 000958 ROBERT CARAN PRODUCTION FIRE WORKS SHOW JULY 4TH 96 190-183-999-5370 3,500.00 3,500.00 29862 06/27/96 000873 ROBERTS, RONALD H. REIMB:LEAGUE CF-6/19-21/R.R. 001-100-999-5258 30.00 30.00 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 100-164-601-5263 505.30 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 53.16 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-163-999-5263 168.13 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 326.66 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-110-999-5263 40.63 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263 172.97 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 100-164-601-5263 423.09 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 29.82 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-163-999-5263 194.62 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 301.43 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-110-999-5263 45.28 29863 06/27/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263 153.63 2,414.72 29864 06/27/96 001872 SALAZAR, MARIANNE REIMB:CODE ENF CERT COURSE 001-162-999-5261 120.00 120.00 29865 06/27/96 000278 SAN DIEGO UNION TRIBUNE RECRUITMENT AD-COMM DEV TECH 001-150-999-5254 261.14 261.14 29866 06/27/96 000793 SCANTRON-FPC CORPORATIO MAINT AGREEMNT 5/l/96-4/30/97 320-199-999-5215 650.00 650.00 29867 06/27/96 000645 SMART & FINAL, INC. RECREATION SUPPLIES 190-183-999-5320 31.92 29867 06/27/96 000645 SMART & FINAL, INC. RECREATION CLASS SUPPLIES 190-183-999-5320 1.76 29867 06/27/96 000645 SMART & FINAL, INC. RECREATION CLASS SUPPLIES 190-183-999-5320 2.19 29867 06/27/96 000645 SMART & FINAL, INC. RECREATION CLASS SUPPLIES 190-183-999-5320 27.60 29867 06/27/96 000645 SMART & FINAL, INC. RECREATION CLASS SUPPLIES 190-183-999-5320 20.10 06/27/96 000645 SMART & FINAL, INC. RECREATION CLASS SUPPLIES 190-183-999-5320 6.70 06/27/96 0006,45 SMART & FINAL, INC. TAX 190-183-999-5320 2.90 93.17 VOLJCHRE2 CITY OF TEMECULA Pill, , 9 06/26/96 18:16 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29868 06/27/96 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVICES - MAY 190-181-999-5250 32.00 29868 06/27/96 000519 SOUTH C04JNTY PEST CONTR PEST CNTRL SERVS-CITY HALL 340-199-999-5250 42.00 29868 06/27/96 000519 SOUTH COUNTY PEST CONTR STRUCTURAL PEST CNTRL-CITY HAL 340-199-999-5250 64.00 138.00 29869 06/27/96 000374 SOUTHERN CALIF EDISON PAUBA/MARGARITA ST LGTS 210-190-626-5804 4,690.00 4,690.00 29870 06/27/96 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS CITY WIDE 191-180-999-5319 762.08 29870 06/27/96 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS CITY WIDE 193-180-999-5240 46.08 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-02-351-5281 RANCHO VISTA 190-182-999-5240 2,066.18 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-02-351-5620 DE PORTOLA 190-180-999-5240 1,080.33 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-02-351-(>420 VIA CORDOBA IRRG 190-180-999-5240 29.31 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-02-351-6685 YNEZ RD PED 191-180-999-5240 13.92 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-02-351-6982 BUSINESS PARK 193-180-999-5240 30.29 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2--02-351-7154 BUSINESS PARK 193-180-999-5240 31.23 29870 06/27/96 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS 192-180-999-5319 19,229.52 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-02-351-7584 CALLE MEDUSA SPR 193-180-999-5240 15.36 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-01-202-7603 VARIOUS CHRGES 191-180-999-5319 5,484.63 29870 06/27/96 000537 SOUTHERN CALIF EDISON 2-02-351-7790 RANCHO VISTA SPR 193-180-999-5240 14.40 28,803.33 29871 06/27/96 001212 SOUTHERN CALIF GAS COMP 021-725-0700/JUN/6TH ST 190-181-999-5240 29.63 29871 06/27/96 001212 SOUTHERN CALIF GAS COMP 091-024-9300/JUN/CRC 190-182-999-5240 441.11 47074 29872 06/27/96 000375 SOUTHERN CALIF TELEPHON 909 205-7826 GR 001-140-999-5208 46.26 29872 06/27/96 000375 SOUTHERN CALIF TELEPHON 909 205-7877 EOC 320-199-999-5208 35.63 81.89 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-202-4759/AE/JUN 001-162-999-5208 38.90 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-202-9876/HP/JUN 190-180-999-5208 47.24 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-202-4754/KH/JUN 190-180-999-5208 53.36 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-202-3800/MW/JUN 190-180-999-5208 69.59 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-202-4752/SN/JUN 190-180-999-5208 56.54 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-212-0934/SR VAN/JUN 190-180-999-5208 32.24 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-202-4755/CITY VAN/JUN 190-180-999-5208 26.95 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-202-4756/EOC/JUN 320-199-999-5208 26.95 29873 06/27/96 001589 SOUTHERN CALIF TELEPHON 909-519-2136/TH/JUN 320-199-999-5208 41.14 392.91 29874 06/27/96 TEMECULA VALLEY CHRISTI REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 29875 06/27/96 002016 TSUTSUMIDA & ASSOCIATES JUN PROF MTG-CITY HALL CONS T. 210-199-650-5804 1,195.00 29875 06/27/96 002016 TSUTSUMIDA & ASSOCIATES JUN PROF MTG-RFI SUBMITTALS 210-199-650-5804 890.00 2,085.00 29876 06/27/96 000459 TUMBLE JUNGLE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 696.80 696.80 29877 06/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 2,968.15 29877 06/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 100-2080 76.04 29877 06/27196 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 758.35 29877 06/27/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 194-2080 5.00 29877 06/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 25.00 29877 06/27/96 001065 U S C M /PERSCO (DEF. C 001065 DEF COMP 300-2080 5.00 29877 06/27/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 320-2080 312.50 29877 06/27/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 87.50 4, V'--'RE2 CITY OF TEMECULA PAGE 10 96 18:16 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29878 06/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 755.78 29878 06/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 100-2160 133.68 29878 06/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 1,217.22 29878 06/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 47.64 29878 06/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 96.86 29878 06/27/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 320-2160 179.54 2,430.72 29879 06/27/96 002396 U.S. LONG DISTANCE MAY LONG DISTANCE SERVICES 320-199-999-5208 723.66 723.66 29880 06/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 67.26 29880 06/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 100-2120 10.94 29880 06/27196 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 15.00 29880 06/27/96 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 .30 93.50 29881 06/27/96 VINCENT, CHRISTINA REFUND:SPRING DAY CAMP 190-183-4984 221.00 221.00 29882 06/27/96 002393 WYNDHAM HOTEL APA CF-10/2-6;THORNHILL;FAGAN 001-161-501-5258 602.32 29882 06/27/96 002393 WYNDHAM HOTEL APA CF-10/2-6;THORNHILL;FAGAN 001-161-502-5258 602.32 1,204.64 29883 06/27/96 WYRICK, LYNN GYMNASTICS 190-183-4982 62.00 62.00 06/27/96 000345 XEROX CORPORATION BILLI XEROX TABS FOR COUNCIL AGENDAS 330-199-999-5220 1,022.00 ->4 06/27/96 000345 XEROX CORPORATION BILLI TAX 330-199-999-5220 79.21 29884 06/27/96 000345 XEROX CORPORATION BILLI JUN PMT COPIER LEASE - CRC 190-182-999-5239 117.84 1,219.05 29885 06/27/96 000348 ZIGLER, GAIL REIMB:SKATE PARK DEDICATION 190-180-999-5301 126.87 126.87 TOTAL CHECKS 183,617.26 V@'-qRE2 CITY OF TEMECULA PAGE 2 96 18:42 VOUCHERICHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 6,817.39 100 GAS TAX FUND 25,958.05 190 COMMUNITY SERVICES DISTRICT 31,276.05 210 CAPITAL IMPROVEMENT PROJ FUND 259,289.18 320 INFORMATION SYSTEMS 57,639.79 TOTAL 380,980.46 VOUCHRE2 CITY OF TEMECULA PI 06/26/96 18:42 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29888 07/09/96 002086 CALIFORNIA PAVEMENT MAN RELEASE RET:95/96 SLURRY SEAL 100-2035 19,486.76 19,486.76 29889 07/09/96 000135 CENTRAL CITIES SIGN SER SIGNS/HARDWARE FOR REPAIRS 100-164-601-5244 6,471.29 6,471.29 29890 07/09/96 000164 ESGIL CORPORATION MAY PLAN CHECK SRVCS 001-162-999-5248 6,817.39 6,817.39 29891 07/09/96 000178 GOLDEN STATE TRADING CO (10) PENTIUM COMPUTERS 320-1970 23,560.00 29891 07/09/96 000178 GOLDEN STATE TRADING CO TAX 320-1970 1,825.90 29891 07/09/96 000178 GOLDEN STATE TRADING CO (10) PENTIUM COMPUTERS 320-1970 23,560.00 29891 07/09/96 000178 GOLDEN STATE TRADING CO TAX 320-1970 1,825.90 50,771.80 29892 07/09/96 000711 GRAPHICS UNLIMITED LITH TCSD RECREATION BROCHURE 190-180-999-5222 15,782.14 15,782.14 29893 07/09/96 002129 GREAT WEST CONTRACTORS, MAY PRGS PMT-FIRE STATION 210-190-626-5804 221,802.92 29893 07/09/96 002129 GREAT WEST CONTRACTORS, RET:W/H PRGS PMT #5-FIRE STATN 210-2035 22,180.29- 199,622.63 29894 07/09/96 002397 LANDMARK/CALIFORNIA STA RETENTION TO ESCROW ACCOUNT 210-1035 22,180.29 29894 07/09/96 002397 LANDMARK/CALIFORNIA STA RETENTION TO ESCROW ACCOUNT 210-1035 37,486.26 59,666.55 29895 07/09/96 000226 MICRO AGE COMPUTER CENT TOSHIBA NOTEBOOK PC (2) 320-1970 6,374.00 29895 07/09/96 000226 MICRO AGE COMPUTER CENT TAX 320-1970 493.99 6,86-7 09 29896 07/09/96 000664 WALT RANKIN & ASSOCIATE PLAY EQUIP-ROTARY PARK 190-180-999-5610 9,302.00 29896 07/09/96 000664 WALT RANKIN & ASSOCIATE LABOR & MATERIAL FOR INSTALL 190-180-999-5610 4,134.00 29896 07/09/96 00066,4 WALT RANKIN & ASSOCIATE PLAY SAFE SURFACING INSTALLED 190-180-999-5610 836.00 29896 07/09/96 000664 WALT RANKIN & ASSOCIATE ADDTIL INSTALLATION CHRGES 190-180-999-5610 500.00 29896 07/09/96 000664 WALT RANKIN & ASSOCIATE TAX 190-180-999-5610 721.91 15,493.91 TOTAL CHECKS 380,980.46 ITEI\4 4 APPROVAL CITY ATTORNEY DIRECTOR OF @I94C CITY @AGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 9, 1996 SUBJECT:City Treasurer's Report as of May 31, 1996 PREPARED BY:Tim McDermott, Assistant Finance Director Steve Oakley, Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of May 31, 1996. 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 the Code Sections as of May 31, 1996. FISCAL IMPACT: None ATTACHMENTS:1. City Treasurer's Report as of May 31, 1996 2.Schedule of Assets, Liabilities, and Fund Equity as of May 31, 1996 City of Temecula City TreasuriWs Report As of May 31, 1 9W Cash Activity for the Month of May Cash and Investments as of May 1, 1996 $ 53,516,416 Cash Receipts 7,443,241 Cash Disbursements (5,130,993) Cash and Investments as of May 31, 1996 $55,828,664 Cash and Investments Portfolio: CordmctuaV Maturity Market Per/Book Type of Investment Institution Yield Date (2) Value (3) Balance Petty Cash City Hall $800 $ SW General Checidng First Interstate (156,544) (156,544) (1) Benefit Demand Deposits First lryterstate 5,365 5,365 (i) Local Agency lnvestniervt Fund State Treasurer 5.502% 41,240,704 41,240,704 Deferred Compensation Fund ICMA 311,737 311,737 Deferred Compensation Fund PEBSCO 460,683 460,683 Defined Contdbution Fund PEBSCO 31,969 31,969 Trust Accounts-TCSD COPs First Trust (Fidelity Treasury 11) 5.086 12,475 12,475 (Money Market Account) Reserve Account-TCSD COPs Bayerische Landesbank 6.870 502,690 502,690 (Guaranteed Investment Contract) Trust Accoun@RDA Bonds First Trust (Fidelity Treasury 11) 5.086 1,083,865 1,083,865 (Money Market Account) Construction Fund-RDA Bonds Ba Landesbank 5.000 lo,8B6,000 10,886,000 (Guaranteed Investment Contract) Reserve Account-RDA Bonds Bayerische Landesbank 7.400 1,448,920 1,448,920 (Guaranteed Investment Contract) $ 55,828,664 (l)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-Market value inf@on for Local Agency Inv Fund is only available on a quarterly basis. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds vall be available to meet budgeted and actual expenditures of the City of Temecula for the next sb( months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of May 31, 1996 Community Services Redevelopment cfty (1) District Agency Total Assets: Cash and investments $31,542,353 $ 3,404,257 $ 20,882,054 $55,828,664 Receivables 3,519,976 122,300 389,644 4,031,920 Due from other funds 523,991 20,706 544,697 Land held for resale 2,103,053 2,103,053 Prepaid assets 57,616 57,616 Fixed assets-net 557,953 557,953 Total assets $ 36,201,889 $3,547,263 $ 23,374,751 $ 63,123,903 Liabilities and fund equity: Liabilities: Due to other funds $ 491,191 $ 20,706 $ 32,800 $544,697 Other liabilities 3,168,726 101,866 432,765 3,703,357 Total liabilities 3,659,917 122,572 465,565 4,248,054 Fund equity: Contributed capital 1,062,388 1,062,388 Retained earnings 602,946 602,946 Fund balances: Reserved (2) 5,922,283 679,318 10,437,023 17,038,624 Designated (3) 20,714,664 2,745,373 12,472,163 35,932,200 Undesignated 4,239,691 4,239,691 Total fund equity 32,541,972 3,424,691 22,909,186 58,875,849 Total liabilities and fund equity $36,201,889 $3,547,263 $23,374,751 $63,123,903 (1) Includes General Fund, CIP 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/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. ITE14 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM:City Clerk DATE:July 9, 1996 SUBJECT: Records Destruction Approval RECOMMENDATION: APPRO CITY ATTOI FINANCE Di CITY MANA Approve scheduled destruction of certain records as provided under 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 Sections 34090 through 34090.7 of the Government Code. The records management program, administered by the City Clerk's Office, is in the process of microfilming all inactive records that are over two (2) years old. Attached Exhibit 'A", details Accounts Payable 92-93, Payless Drug Store through Southern California Edison, and Accounts Payable 93-94, A through Comtronix of Hemet, (Retention Code 40106). These records have been microfilmed in duplicate with a copy distributed to the City Clerk's Records Vault, and a copy to the Vault in San Diego. Attached Exhibit 'B', details City Manager's Office records that are eligible for destruction under the provisions for Groups XIII, XIV and XVII of the City's approved Retention Policy. These records are all qualified for destruction at this time under the provisions of the Records Retention Schedule. The City Attorney has reviewed this request and has signed Exhibit "A" and "B' , as provided for in Resolution No. 92-17. ATTACHMENTS:Destruction of Records Request List of Records recommended for destruction JSG TO:City Clerk FROM:Kathy DiMeglio Records Coordinator DATE:June 25, 1996 SUBJECT: Destruction of Records Request Attached is a print out of: Accounts Payable 92-93, Payless Drug Store through Southern California Edison, and Accounts Payable 93-94 A through Comtronix of Hemet, (Retention Code 40106) . These records have been microfilmed in duplicate with a copy distributed to the City Clerk's Records Vault, and a copy to the Vault in San Diego. The microfilming 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:]@.. Geidel@RoOeits. Fi@ Department Date APPROVED. Attorney: R:\forms\destruct.rqs Exhibit "A 11 RRDESTY ... RRO61 City of Temecula Doc. Ref................................................................................................. 140 Page 1 06/14/1996 Files Ready for Destruction Retention Code............................................................................................... 40106 14:27:15 Destruction Date. 06/25/1996 Item Ret. File Reference Storage Media Date Ref. Brief Description Code Security Class Storage Location Location Reference - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01/06/1992 92-93 Accounts Payable 92-93 40106 0097 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01/07/1992 92-93 Accounts Payable 92-93 40106 0098 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01/08/1992 92-93 Accounts Payable 92-93 40106 0099 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01/09/1992 92-93 Accounts Payable 92-93 40106 0100 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01/10/1992 92-93 Accounts Payable 92-93 40106 0101 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01/01/1993 93-94 Accounts Payable 93-94 40106 0101 Film 382lMlAOOO3 Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01/02/1993 93-94 Accounts Payable 93-94 40106 0102 Film 382lMlACOOl Group IV 140/120/The Vault - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 140 01103/1993 93-94 Accounts Payable 93-94 40106 0103 Film 382IMlAO003 Group IV 140/120/The Vault 8 Records Processed TO:City Clerk FROM:Kathy DiMeglio Records Coordinator DATE:July 9, 1996 SLTBJECT: Destruction of Records Request Attached is a @ of records currently @@ wi@ the City Manager's office, that are now eligible for destruction, in accordance with the City of Temecula approved Records Retention Policy. These records, dated 1988 through 1994, have been identified within Retention Groups )UII, )UV and XVII as outlined in Exhibit "I", Schedule A, of Resolution No. 92-17. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Goverm-nent Code Section 34090.5, 1 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- Ronald Bradley, City taana@ Date APPROVED-. City Attorney- n R:\forms\destFuct.rqs Exhibit "B" CITY MANAGER FILES TO BE DESTROYED BOX 5 1011993 Correspondence to Council & Their Responses 1992 Correspondence to Council & Their Responses 101General Notes - Dixon (1992-1993) 101David Dixores Chron Files July-Sept. 1990 Oct.-Nov. 1990 Nov.-Dec. 1990 Jan.-Apr. 1991 May-Aug. 1991 Sept.-Dec. 1991 Jan.-Mar. 1992 Apr.-June 1992 July-Sept. 1992 Oct.-Nov. 1992 BOX 10 203-11Swap Traffic & Circulation (1988) 701SB 1406 (New Cities Property Tax) (1993) 701SB 308 & 992 Infrastructure Financing Districts (1991) 701Proposition 4 (Gann @tiative) (1992) 101Propositions 108/111 (1990) 702-12Proposition 172 (Local Public Safety Protection & Improvement Act (I 993) 703-03Litigation: Jones Intercable vs. City (1991) 704City Attorney Work Assignment List (1992) 704-11Burke, Williams & Sorensen Legal Opinions (I 990-199 1) 1141-Lightfoot Planning Land Use Study (1990) 1162-01Sign@ation - Land Grant Town Center (1990-1991) 1160-01Traffic Controllers/Flood Lights (1991) 1160-01Traffic Controllers (I-15 Overcrossing) (1991) 1160-02Traffic Census Program (1992) 1160-02Traffic Impact Study Palm Plaza (1989) 1160-02Traffic Safety Evaluation (I 99 1) 1160-02Traffic Impact Study (1990) 1160-02Traffic Impact Study Tract 23304 - IIDM Corp. (Club Valencia Apts./Condos) 1207RTA (1991-1992) 1405School Bond/Executive Life BOX 11 410 Economic Development General (I 989-199 1) 410 Economic Development - Misc. 410 IDRC Conference (1991) 410 Inland Empire Showcase (1 992) 410 Inland Empire Showcase (1993) 410 Abdullah Aziz Resort Project (I 992-1994) 410 Babcock, Inc. (1993) 410 Wicks Aircraft Supply (1992) 410 Celebrity Village (Chas. Ross) (1992) 410 Conference Center 410 Galway Downs (1992) 410 Home Depot (1992) 410 Price Club (1992) 410 Automated Batting Cage (1991) 410 Southwest Museum (1993) 410 Native American Cultural Center (1991-1992) 410 Andromeda Resort (I 99 1) 410 So. Plastic Moulding (I 99 1) 410 Heritage Brewing (1993-1994) 410 Rainbow Canyon Family Park (1990) 410 Potential Companies/Projects (1991-1992) 410 International Rectifier Annual Report & Quarterly Reports (1994) 410 International Rectifier Draft Owner Participation Agmt. (1994) BOX 12 410 Baseball Stadium (1991-1994) 410 Baseball Stadium - Info. from other cities (1989-1990) 410 Temecula-Murrieta Economic Dev. Corp. (TVEDC) (1993) 1141 Chamber Temecula Business Citizen Survey 1990 1180-14 Promotional Campaign Ad Hoc Committee (9/91 & 6/92) 1180-14 Copies of Ads - Response Log (1992) 1180-14 Promotional Video Comments (1992) 1180-14 Promotional Material Drafts (1992) 1180-14 Olson-Dodd Final Touch Marketing Contract/Mktg. Plan (1991-1992) 1180-14 Olson-Dodd Correspondence (1992-1994) 1180-14 Requests to Purchase Brochures & Videos (1992) 1180-14 Final Touch Marketing - 2nd Phase Proposal (I 992) 1180-14 Final Touch Marketing - 3rd Phase Proposal (1993) 1180-14 Promotional Program - Awards (1993) 1180-14 N=.A. Int'l Marketing Proposal (1992) V:file.str - 2 - BOX 13 701 Temecula Police Advisory Commission (1990) 130l- Sheriffs Dept. Correspondence (I 990-199 1) 1301- SheritTs Dept. Correspondence (I 992-1993) 1301-03 Crime Stats (1993) 1301-13 Border Patrol - Correspondence (1 992-1993) 1301-13 Border Patrol - Congressional Testimony (I 992) 1301-13 Border Patrol - Press Releases (1992) 1301-13 Border Patrol - Legislation (1992) 1301-13 Border Patrol - Newsclips (I 992-1993) 1301-13 Border Patrol - Pursuit Policies & Procedures (1992) 1301-13 Border Patrol - Letters Requesting Support (1992) 1301-13 Accident at Hgh School - Citizen Letters (I 992) 1301-13 Accident at High School - Telephone Calls (1992) 1302 Moreno Valley - Fire Dept. Feasibility Study 4/91 BOX 18 201-1 Training (Red Cross, Disaster )(1 993) 201-01 SEMS (1994) 201 SEMS- standardized emergency mgmt system (1993) 201 Public Disaster hdonnation (1993) 201 Storm Procedures IZOI-I Temecula Food Incident (1993) 201 N.E. S.T. Program & NE. S. T. Coordination Mtgs. (1 994) 201 Volunteer Applications (1993) 201 Graphs/ Maps 201 Neighborhood Watch Courses 201-01 Volunteers (1993) 201-1 American Red Cross Facility Use Agreement (I 994) 201-07 American Red Cross (I 99 1) 201 NDAM- Natural Disaster Administrative Manuel (I 99 1) 201 Riverside County Emergency Council (1993) 201-1 Region VI Directory (I 99 1) 201-1 Ordinance 91-34 203-08 Banner Permits (I 993) 701-11 American Disabilities Act (ADA) (1992) 1141 Temecula Mello Roos Public Opinion Survey (I 990) 1141 Parkland Suitability Study (1990) 1180-13 Rod Run (1994-1995) 1207-06 Draft EIR for Proposed New Rancho Calif Airport (1985) 1207 Bus Stop Proposal- Bus Stop Shelters (1991) 1207 Bus Stop Proposal - RTA (1 99 1) 1301 In-House Police Analysis (1993) 1301 Law Enforcement Survey (City of Canyon Lake) (I 99 1) 301 Police Dept. Survey (City of Perris) (1992) 1302 Fire Department - General Correspondence (1991-1994) 1400 Cemetery District/Temecula Public Cemetery (1993) V:file.str - 3 - BOX 18 (CONTWND) 1402-OIC Chapparal Performing Arts Facility (1993-1994) 1402-01 Performing Arts Center Development (1993-1994) 1402-01 Performing Arts/Community Theater (1993-1994) 1402 Windsong Perfo@ng Arts Center (1992) 1402-04 Tourism & Visitor's Center (I 99 1) 1503-06 League of California Cities Legislative Bulletins (1994) 1503-06 League of California Correspondence (1994) 1504 Riverside County Transportation Commission (RCTC)1992-1995 -- City Surveys BOX 19 101-01 Chron Ffle- Munoz (1992-1993) 230 Eastern Municipal Water District (1990-1994) 230 Rancho Calif Water District (1989-1994) 410 Circuit City (1992) 410 Chicago Brothers/Swanson (1994) 410 Temecula Valley EDC (1 994-1995) 701-11 Legislation- Various (1992-1993) 701-11 Legislation- Various (1990-1991) 704-12 City Attorney Correspondence (Burke,Wifliams, Sorensen) (I 991-1994) 704-12 City Attorney Contract (Burke,Williams,Sorensen) (1994-1996) 704-11 City Attorney Opinions (1993) 704-12 City Attorney Work Assigrunent List (I 993) 704-12 City Attorney Assignment List (1994) 704-12 City Attorney Opinions - (1992) 704-12 City Attorney Contract, Burke,Williams,Sorensen (1989-1994) 1180-11 Old Town Mainstreet Assn. (1990-1994) 1301 Sheriffs Department Correspondence (1994) BOX 20 203-08 CUP PA 93-0030 Mdnight Roundup (1993) 203-08 CUP 93 089 AM/PM @ Market (I 993) 203-01 TTM 26828 - Dacin Development (1991) 203-24 Plot Plan 11621 - Kofl Company (1991) 203-11 General Plan Development (1993) 203-11 General Plan Development (1991-1992) 203-11 General Plan RFQ (1990) 203-11 General Plan Development (1992) 203-11 General Plan - General (1987-1992) 401 Financing Public Facilities/ 401 Assessment Roll Data (I 990-199 1) 405 Bond Financing (1992) 405-07 Bond laormation 409 St:-,ictural Fire Tax (1993) 409 Utility Users Tax (1993) V:file.str - 4 - BOX 2-0 (CONT@D) 409-07 Fee Protest by Bedford (I 992) tO9-04 Park Development Fee Study (1 992) 409 Fees/Taxes - Meflo Roos 409 Fees/Taxes - Mark Roos 410 Imagitrek (1992) 410 lotron (1993) 601-15 RFQs/RF?s 602-00 Agmt. With County for Maintenance of Traffic Signals & Safety Llighting (I 990) 607-01 Hughes, Heiss & Assoc. Vendor File (1990-1994) 607-01 Sutro & Co.Underwriter Proposal (1992) 607-01 WCM & Associates (1990-1992) 607-01 Wilbur Smith Assoc. (I 99 1) 607-01 Lightfoot Planning Group (Land Use Study) (1990) 607-01 Consultant Agreement - The Planning Center (1991) 701-09 Blue Ribbon (Development Efficiency Committee) (1992) 701-11 SB 821 Bicycle& Sidewalk Facilities Funding Program (1985-199 1) 703-01 Munoz Request for Investigation of Dirty Tricks 1 1/93 703 Outdoor Media Group v. Temecula (1990) 1180-11 Sharp BHS Community Advisory Board (1994) BOX 21 101 City Hall Financing (General) (I 990) 1)02-00 Service Contracts with Riverside County (1990-1991) 704-12 City Attorney Interviews 4/11/94 704-12 City Attorney Interviews 4/26/94 704-12 City Attorney Interviews 5/2/95 704-12 Law Finn Proposals - Kane, Ballmer & Berkman 704-12 Law Finn Proposals - Best, Best & Krieger 704-12 Law Firm Proposals - Rourke, Woodruff & Spradlin 1002-1 Land Acquisition - Crystal Ridge/OmdaW Possible Future City Hall (I 99 1) 1002 City Hall Future Sites (1990-1992) 1002-1 Calota Development (Proposed City Hall/Civic Projects) (I 99 1) 1002-1 Bank of Amefica (Proposed City Hall Site) (I 993 -1994) 1002-1 Fire Station Site Proposals (1992) 1002-1 Purchase Proposal: Pujol Street Community Center & VFW Hall (I 99 1) 1002-1 Purchase Proposal: Old Sears Building (I 99 1) 1002-1 Purchase Proposal: Dixon Property (APN 921-370-005) (1991-1992) 1002-1 Purchase Proposal: Dendy Parcel (17 Acres by Fairgrounds) (1993) 1002-1 Purchase Proposal: Commercial Land Bet. Solana & Rancho Cal. (1991) 1002-1 Purchase Proposal: Rancho Water Yard Acquisition (1992-1993) 1002-2 Proposed Lease: Paloma Del Sol Information Center (1991-1992) V:file.str - 5 - BOX 23 701-04 KRTM Antenna Ordinance Exemption (1990) 701-04 Apartment Moratorium (Proposed Ordinance) (I 990-199 1) 701-04 Park Dedication (Quimby) Ordinance (I 990) 701-04 Towing Services Ordinance (1992) 1002-01 Proposed Purchase: Margarita Canyon (Environmental Assessments) (I 99 1) 1002-01 Planning a Council Chamber (1994) 1002-02 Property Lease Reference Material (I 991-1993) 1002-02 Lease of City Property (Strawberry Vendor) (I 993 -1994) 1002-02 Teen Center Lease (I 991-1992) 1002-02 Teen Center Lease (Southcreek Mall) (1992) 1003-02 LAFCO 88-72-1 Application for Murrieta Cityhood (1989) 1003-02 Development Agmt. Between County & Great American (Redhawk) (1988) 1003-02 Annexation - Weigh Station (1992) 1003-02 Annexation - Ranpac French Valley MOU (I 990) 1003-02 Annexation - Borel Airpark Center (1994) 1003-02 Annexation - Rancon Roripaugh Ranch (I 992) 1003-02 Annexation - Murrieta Springs No. I (I 99 1) 1003-02 Annexation - Homestead (I 99 1) 1003-02 Annexation - Rancho California Spa & Country Club (1991) 1003-02 Annexation - Mountain View Ranch Eastlake-Lane/Kuhn (I 990-199 1) 1003-02 Annexation - Dutch Investors - Quinta Do Logo (1991-1993) 1003-02 Annexation - Johnson + Johnson (I 99 1) 1170-09 Proposed U.C. Davis Flood Control/Watershed Study (1990) 1207 Regional Transportation Improvement Plan (I 99 1) 1207 County Congestion Management Program (I 991-1994) 1401 Park Development/Donation (1 990-199 1) 1403-03 SCAQNM Trip Reduction Ordinance (TRO) Program (I 993) 1401 Parks & Recreation Master Plan (1990-1992) 1504-22 Riverside County Regional Park & Open Space District (1990) 1403 Envirorunental - Ranpac Dumping Rainbow Canyon/Mead Valley (1990) BOX 24 705 Santiago & John Warner Roads Proposed Assessment District (1990-1992) 705 Assessment District 155 (199 1) 705 A.D. 156R (Ynez Road) (1991) 705 CFD 88-3 Joint Financing Construction Acquisition Agmt. RC@ (I 990) 705 CFD 89-12 Temecula Valley Unified School District (1990) 705 Southwest Road & Benefit District (1991) 705-01 CSA #149 (Proposed Wme Country CSA) (1990) 705-01 Proposed Mellos Roos District - Old Vail Ranch (Presley) (I 99 1) 705-04 CFD 88-12/1992 Special Tax Bonds Draft Documents (3/92) 705-04 CFD 88-12/1992 Special Tax Bonds Draft Documents (Apr-May 1992) 705-06 Mstoric Preservation District (Old Town) (I 990-199 1) 705-09 CSA # 143 Landscape Standards (I 990) 705-09 CSA #143 Meeting Minutes (1990-1991) 705-09 CSA #143 Park/Slope Maintenance Security & Refuse Removal (1990) V:file.str - 6 - BOX 24 (CONT@D) '705-10 A.D. 92-1 (Westside Business Center) (1992) 05-10 A.D. 155 (Became A.D. 92-1) (1990-1991) 1002-01 Proposed Purchase: Margarita Canyon Correspondence (1990-1991) 1002-01 Proposed Purchase: Margarita Canyon Appraisals (1991) 1002-01 Proposed Purchase: NWgarita Canyon (Bedford Legal & Site Assessments Docs.) (1991) BOX 25 705-04 CFD 88-12 Correspondence (1993) 705-04 CFD 88-12 Correspondence (1992) 705-04 CFD 88-12 Correspondence (1/91) 705-04 CFD 88-12 Correspondence (8/91-12/91) 705-04 CFD 88-12 Correspondence (2/91-7/91) 705-04 CFD 88-12 Correspondence (1/90-5/90) 705-04 CFD 88-12 Correspondence (6/90-9/90) 705-04 CFD 88-12 Correspondence (10/90-12/90) 705-04 CFD 88-12 Correspondence (1989) 705-04 CFD 88-12 Ynez Corridor (RFP Traffic Study/Financial Analysis) V:file.str - 7 - ITEI\4 6 APPROVA CITY ATTORNE DIR. OF FINA CITY @AGEIR CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Genie Roberts, Director of Finance DATE:July 9, 1996 SUBJECT:Resolution Establishing City's Gann Appropriations Limit for the Fiscal Year 1996-97 PREPARED BY: Tim McDermott, Assistant Director of Finance RECOMMENDATION:That the City Council adopt a resolution entitled: RESOLUTION NO. 96@ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 1996-97. DISCUSSION: In accordance with the Government Code, the City is required to recompute the Gann limit on an annual basis. Using cost of living data provided by the State of California, assessed valuation information provided by the City's property tax consultant Hdi, Coren & Cone, and population data provided by the State Department of Finance, the City's Appropriations Limit for FY 1996-97 has been computed to be $21,352,109. This computation considers the effect of Proposition 1 1 1. Appropriations subject to the limitation in the FY 1996-97 Budget total $10,984,91 1 which is $10,367,198 less than the computed limit. Additional appropriations to the budget funded by non-tax sources such as service charges, restricted revenues from other agencies, grants or beginning fund balances would be unaffected by the Appropriations Limit. However, any supplemental appropriations funded through increased tax sources would be subject to the Appropriations Limit and could not exceed the $10,367,198 variance indicated above. Further, any overall actual receipts from tax sources greater than $10,367,198 from budget estimates will result in proceeds from taxes in excess of the City's Appropriations Limits, requiring refunds of the excess within the next two fiscal years or voter approval of an increase in the City's Appropriations Limit. In implementing the provisions of SB 1352 as they relate to the Gann Initiative, it is recommended the City Council adopt the attached Resolution establishing the City's Appropriations Limit for FY 1996-97 of $21,352,109. FISCAL IMPACT: to limitation as proposed in the FY 1995-96 Budget are $10,367,198 less than the computed limit. Any supplemental appropriations funded through non-tax sources would be unaffected by the Appropriations Limit. ATTACHMENTS: Schedule "l ' - Classification of Revenue Sources and Calculation of Limit Margin Resolution No. 96- Establishing City's Gann Appropriations Limit for FY 1996-97 Exhibit 'A' Computation of Gann Appropriations Limit As indicated in the attached schedule, the City's appropriations subject Classification of Revenue Sources and Schedule 1 -ulation of Limit Margin 1996-97 Non-tax Tax Proceeds Proceeds Property Tax 1,136,450 Sales and Use Tax 7,190,000 Property Transfer Tax 150,000 Homeowner Property Tax Relief 33,000 Transient Occupancy Tax 630,000 Business License Fee 140,000 Franchise Fees 920,000 Licenses & Permits 2,057,243 Fines & Forfeitures 100,000 Motor Vehicle in Lieu 1,459,315 Gas Tax 739,211 Overhead Reimbursement -TCSD 162,000 Overhead Reimbursement -RDA 75,000 --rhead Reimbursement -Capital Projects 389,628 :ellaneous 73,000 Investment Interest 180,436 434,564 Appropriations Subject to Limitation Before Prop. I 1 1 Exclusions 4,8361518 11,033,329 Prop. I 1 1 Exclusions: Federal Mandates (Medicare) 48,418 Qualified Capital Outlay Appropriations Subject to Limitation 10,984,911 Gann Limit 21,352,109 Margin 10,367,198 mcdermt\gannr-alc.wb2 28-Jun-96 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LD4IT FOR FY 1996-97 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the voters approved the Gann Spending-Limitation Initiative (Proposition 4) on November 6, 1979, adding Article XIII B to the Constitution of the State of California to establish and define annual appropriation limits on state and local governmental entities; WHEREAS, SB 1352 provides for the implementation of Article XIII B by defining various terms used in this article and prescribing procedures to be used in implementing specific provisions of the article, including the establishment by resolution each year by the governing body of each local jurisdiction of its appropriations limits; WHEREAS, the required computations to determine the Appropriations Limit for FY1996-97 have been performed by the Department of Finance and are on file with the Office of the City Clerk, and available for public review; WHEREAS, these computations are provided on Exhibit "A' which is herein incorporated by reference and attached hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMEECULA DOES RESOLVE AS FOLLOWS: Section 1. The Appropriations Limit for the City of Temecula for FY1996-97. Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED, this 9th day of July, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk Resos\96- [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of July, 1996 by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC, City Clerk Resos\96- 2 EXHIBIT "A' CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 1992-93 Appropriations Limit $10,109,911 FY 1993-94 Population Change' 8.25% FY 1993-94 Per Capita Personal Income Change* 2.72% Cumulative Compound (1.0825 x 1.0272) 11.19% FY 1993-94 Appropriations Limit $11,241,655 FY 1994-95 Population Change* 8.15% FY 1994-95 Increase in Non-Residential Assessed Valuation** 21.7% Cumulative Compound (1.0815 x 1.2170) 31.61% FY 1994-95 Appropriations Limit $14,796,098 FY 1995-96 City Population Change* 10.49% FY 1995-96 Per Capita Personal Income Change* 4.72% Cumulative Compound (1. 1 049 x 1.0472) 15.71% FY 1995-96 Appropriations Limit $17,119,161 FY 1996-97 City Population Change* 6.54% FY 1996-97 Increase in Non-Residential Assessed Valuation** 17.07% Cumulative Compound (1.0654 x 1. 1 707) 24.73% FY 1996-97 Appropriations Limit $21,352,109 *Source:State of California Department of Finance **Source: HdL Coren & Cone ITEN4 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Clerk DATE: July 1, 1996 SUBJECT:Purchase of Network Concentrator APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER RECOMMENDATION: Authorize the purchase of a network concentrator, to be installed in the new City Hall facility from AmeriData for a total price of $57,276.00. BACKGROUND: In anticipation of the need to install an upgraded network concentrator in our new City Hall facility, the staff considered a number of options to upgrade our current network concentrator, which includes faster processing of data requests from individual computer workstations and the ability to handle the additional load put on the system by the new computer workstations and applications recently acquired. AmeriData holds a California State Contract for the sale of computer equipment and software a term of two years, April 1996 through March 1998. All governmental agencies in California are eligible to purchase products and services offered by AmeriData during this period at substantial savings over the local retail market price. The Finance Department researched various vendors for the specific Cisco 5000 network concentrator and found that AmeriData to be the lowest price available. 1.MicroAge of Temecula, a local, authorized dealer, submitted a quote of $69,373.55. 2.lnacom Information Systems, a authorized dealer, submitted a quote of $61,183.41. 3.AmeriData California State Computer Store, an authorized dealer, submitted a quote of $57,276.00 from the California State Contract. 4. Coml2uCom, was unable to provide a quote at this time. Based on the above analysis and the timetable for installation required to meet the completion date for the new City Hall, it is staff's recommendation that the Council approve the purchase of the Network Concentrator for a total of $57,276.00. FISCAL IMPACT: Adequate funds have been appropriated in the City Hall Capital Projects Budget for this purchase. CTRY OF TEMEECULA Nlr-EMORANDUM TO:Allie Kuhns FROM:Mary Volimut DATE:June 25, 1996 RE: Network Hub Quotes Allie, as per your request, I have reviewed the quotes received from Information Systems for the purchase of equipment needed to upgrade the City's network hub. I have compared the quotes received with the following government contracts: mAmeriData California Multiple Award Schedule (C@S), contract #3-95-70-0003E. mAmeriData California State Computer Store, contract #DGS-4023-A CompuCom Califorru'a State Computer Store, contract #DGS-4023-B Listedbelow is a table outlining all quotes received for consideration.- VENDOR DESCRIPTION PRICE QUOTE TAX SEWPING TOTAL COS' @croage CISCO CATALYST 5000: $64,291.00 $4,982.55 $100.00 $69,373.55 POWER SUPPLY, REDUNDAN'TS, FAST ETHERNET SWITCH, ETHERNET SWITCFUNG lnacom CISCO CATALYST 5000: $57,189.24 $4,432.17 NO CHG. S61,183.41 POWER SUPPLY, REDUNDANTS, FAST ETHERNET SWITCH, ETHERNET SWITC@G AmeriData CISCO CATALYST 5000: $52,440.36 $4,064.12 $996.36 $57,500.84 CA. State Computer Store POWER SUPPLY, (mgmt. Fee) REDUNDANTS, FAST ETHERNET SWITCH, ETHERNET SWITCHNG AmeriData CISCO CATALYST 5000: $53,157.00 $4,119.66 NO CHG. .-$57',276.60 CA. Multiple Award Schedule POVv'ER SUPPLY, (CMAS) REDLTNDANTS, FAST ETHERNET SWITCH, ETHERNET SWITCFUNG COMPUCOM CISCO CATALYST 5000 CISCO 5000 NOT AVAELABLE. ONLY HAS 25001 E CONTRACT RIGHT NOW is my recommendation that the City purchase the equipment from AmeriData under the C@S contract. They are a ualified Vendor who has quoted the lowest price. I have attached the original supporting documentation. When 2eded, I can supply you with a copy of the CMAS contract from the product catalog. If you have any questions or need irther documentation, please let me know. JUN-21-9 PRI 16:'OO AMMIDATA FAX NO. 9165845547 P.02/02 June 21, 1996 AmeriData,, Inc. C) -CCC -5 Quote Numb& 1812 T@ Road 102392 suite c mento, CA 9r>815 Ph gl@9420 i!K 91 Quotatfon for A" Volimuth City of Temecula Phone; 909-694-643( @200 Business Park Or Fax: 909@94-647@ Temecula, CA 9258@9033 ftem Ord@ng Number Mfr's Number Qty Unit Prire Exter, cod Description 00 1 Ws-c5ool Cisco 2 $8,429.00 $16,858.00 CATALYSER SOOO(CHASSIS SUPERVSR FNGINE, ONrz POWER SUPPLY) 002 @@008 Cisco 2 $1,342.00 $2,6 34. OC CATALYST 5000 REDNDNT PWR SUPPLY 003 WS-X5113 Cisco 1 $6,723.00 $6,7'!3.00 CATALYST 5000 ETHERNET MOD. ICOBA,SET-TX, 12 PORTS 004 WS-X5010 Cisco 4 $6,723.00 $26,8 .00 CATALYST ETHERSWTCH Quote Total .4, Itq@(c Sincerely, Christian Cia InsideSales 91289 TollFree: (OW)473-W$2 Internet- cclaver@cameridata.@m FINANCE DEPARTMENT MEMORANDUM TO: June Greek, City Clerk FROM:Allie Kuhns, Senior Management Analyst@ DATE: June 27, 1996 SUBJECT: Network Hub Conversion/Upgrade Equipment At your request, the Purchasing Division has researched sources for the new City Hall Cisco Catalyst 5000 network hub conversion equipment. As a result of our research, we have found that the City can piggyback on a California Multiple Award Schedule (CMAS) Contract Number 3-95-70-0003E with AmeriData. The total cost of the equipment is $57,276. A copy of the quote, with Mary Volimuth's notes, is attached. If you have any questions, let me know. cc:Genie Roberts Mary Volimuth ITEI\4 8 AP CITY ATTORNE' DIRECTOR OF F CITY MANAGEF CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Shawn D. Nelson, Director of Community Services DATE:July 9, 1996 SUBJECT:Acceptance of Grant Deed for Nakayama Park - William Lyon's Company (Joseph Road at Nicolas Road) PREPARED BY: @t eryl Yasinosky, Development Services Analyst RECOMMENDATION: That the City Council: Accept a grant deed from the William Lyon's Company for the dedication of Nakayama Park, a .26 acre park within Tract No. 22627-0, and authorize the City Clerk to record the document. BACKGROUND: The William Lyon's Company is offering the dedication of a .26 acre park within Tract No. 22627-0 to the City of Temecula. In recognition of Temecula's Sister City relationships, the park has been named "Nakayama Park", and is fully landscaped to include a drinking fountain, benches, and trash receptacles. Located on the northwest corner of Nicolas Road and Joseph Road, the site is within close proximity to the Santa Gertrudis Recreational Trail, Voorburg Park and Nicolas Road Park. The park has been inspected and approved by the TCSD Maintenance Superintendent. The enclosed grant deed has been reviewed by staff to insure all legal requirements have been satisfied. A policy of title insurance will be provided by the developer to accompany the transfer of title to the City. FISCAL IMPACT: Cost of maintaining this park has been included within the TCSD Rates and Charges for Fiscal Year 1 996-97 - Community Services, Parks, and Recreation. ATTACHMENTS: 1 . Site/Location Map. 2.Copy of Grant Deed. r: \yasinobk@akayama. cc 070996 SG EXEMPT RECORDING REQUESTED BY CitN, of Temecula PER GO@7'T CODE  6103 A-NRD @TIE-N RECORDED I\IAIL TO: Off-ice of tiie Cit-,T Clerk Cit@, of T--iiip-cula ,@13174 Business Park- Drive Temecula. CA 92590 MAIL TAX STATEMENTS TO: City of Temecula 43174 Business Park- Drive Temecula, CA 92590 SPACE ABOVE TIES FOR RECORDER'S USE GRANT DEED The undersicned arantor declares: FOR A NIALUABLE CONSEDERATION, receipt of which is hereby ackno",Iedued, THE WILLIAM LYON COMPANY, a California corporation Hereby grants to the CITY OF T'F-MECULA, a municipal corporation, the following described real property in tile City of Temecula, County of Riverside, State of California: See Exliibit "A" attached liereto. Executed oil To p @ )I19 96 , at Newport Beach Califoniia. T;nL Y, a California Corporation B Richard S. Robinson Senior Vice President 01 312 2 AC@TO@ILEDGMEN7T STATE OF CALIEFORN'IA COL'-N-TY OF On @1) @0- 1-7 (o bef' m Cy) KA (d pers .onally appeared@@C known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/'are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. SUSA@@.MENAR'D NC)TARY PUBLIC - CAUFORNIA CD COMMISSION # IOWM c Signature ORANGE COUNTY CONSENT The City ofTemecula hereby consents to the grfrit .f real property set forth above. City of Temecula By: Karel Lindemans, Mayor ATTEST: By: June S. Greek, City Clerk APPROVM AS TO FORM: By:@ 7,1,, A - Peter Thorson, City Attorney 01319@, EXHIBIT "A" LOT 94 OF TRACT NO. 22627-1 AS SHOWN BY MAP ON FILE IN BOOK 230 PAGES 55 THROUGH 60, INCLUSIVE, OF MAPS, RECORDS OF P.IVERSIDE COUNTY, CALIFORNIA. 013192 CITY OF TE'VJEECL-LA Office of the Cirv Clerk 43174 Business Park Drive T--mcc,ila, Ca 9'-590 ACC'EPT-@NCE OF DEED This is to certifv that the interest in real p@-idperty conveyed b,, the de-ad or --rant dated from to the Cltv of Temecula, California, County of Riverside, State of California, a body corporate and politic, is herebv accepted by order of the Temecula City Council made on and the cyrantee consents to the recordation thereof by its duly authorized officer. Date June S. Greek City Clerk Forms/'R-002 OcLaber 31, 1995 EI\4 9 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: oseph Kicak, Director of Public Works/City Engineer DATE: July 9, 1996 SUBJECT:Completion and Acceptance of the FY94-95 Annual Pavement Management Project, Project No. PW95-06 PREPARED BY:Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the FY94-95 Annual Pavement Management Project, Project No. PW95-06, as complete and direct the City Clerk to: 1 .File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and 2.Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On February 13, 1996, the City Council awarded a contract for the FY94-95 Annual Pavement Management Project, Project No. PW95-06, to Clovis Paving & Sealing, Inc. for $653,929.15. This project provided two (2) types of -pavement rehabilitation which included an asphalt overlay with a stress relief membrane (geotextile fabric), and the removal & reconstruction of the existing asphalt pavement. Seven (7) roadway segments were rehabilitated, four (4) were arterial, which included portions of Margarita Road, Pala Road, Rancho California Road and Ynez Road, and three (3) secondary roads, which included Commerce Center Drive, and Las Haciendas. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. pwG4/r:'4gdrpt\96\0709\pw95-06.acc FISCAL IMPACT: The contract amount for this project was $653,929.15. Contract Change Order No. 1 was approved by the City Manager in the amount of $21,094.40. This will leave a balance of $44,298.52 in the project's contingency, which will bring the total construction cost to $675,023.55. This is a Capital Improvement Project and is being funded from Measure A. Attachment:Notice of Completion Maintenance Bond Contractor's Affidavit pwO4/r:\agdrptk96\0709\pw95-O6.acc RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CRTY OF TEMECULA P.O. Box 9033 43174 Business Park Drivo Tomecuia, CA 92690-9033 SPACE ABOVE THIS UNE FOR RECGRDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1 .The City of Temecula is the owner of the property hereinafter described. 2.The full address of the City of Temecula is 43174 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Clovis Paving & Sealing, Inc. to perform the following work of improvement: FY94-95 Annual Pavement Management 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 9, 1996. That upon said contract the United Pacific Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-06. 6. The street address of said property is: At various locations throughout the City of Temecula. Dated at Temecula, California, this _ day of 1996. JUNE S. GREEK, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this _ day of 1996. JUNE S. GREEK, City Clerk For=/CIP-001 Rev. 12-5-91 pwO4\pw95-06\completn.not 052996 Bond No. U2465509 Premium-No Charge fo@ i ye TFtIE-t@LIL/k, f-L)13LIC- V%/nRKc' L)EPAiil-tvlr-t@1-1 IOAII\I'rENArJCE EC)rqL) PR(-IJECTIVC). PL4,1-95-06 1:@',9'11'9S,PAVEAIEIVTA,IAIV4GEA,IEAtT )@(J( j@'V AI. L IO I-t4 1-1 IES E- Pl@iE.'Lt-ITS 'FUI A-f: CLOVIS PAVING & SEALING,,I-N N.-tigyes c Frg@nQ, 93722 ,V,; I A i@[) A[)D.FfCSS C)dg'('ON7RACTi-)R California- Corporation F'illli.il'.1i Fiji UNITED-PACIFIC.INSURANQ'F-C QM.P@NY@2505-Sauth-320th qt.,..-Federal Way,,WA 98003 [iL,I'einzitior c,@illud SIJRE -f@', are field and firrnly bOLind unto Cj'ry ()F -I-EtAEC.ULA, -PMLIC-WDRKS-DEPT. itt,,It,@i(i;jttercallu(](-)V%It@EFi,iiittif.-f)enal-sciiiiuf-Sixt_y-@ven-Tbc)usand-Fiv,e-Hundred ---- _=-7:: ----- E)GI.LARS and --------------- ------------------------------- ,,I I I r a @: I v at I it 1-141 ya bt ti I I y I 1-i L' S a i (I C I L yI t I C Li I 11 t I f I, 1 [)II @it C, I% )f I It; II( (It .-VI ii,-.1 I, V,/u i)i I ILJ rit II L. i.L ,,,u I.-, I II, t t I I t, I-) t 0 t I F -i-I I I B I- I .4 T t C) r\l I I @i t %,v I ii@t act @i s, i t I ii F-r I ri,, I 1), II 0I i @6 it I I i- c vvi III i Iit) It. I;i r6kj I Vi-,i 13th lay or 1!-' 96 iJ 17, k-)I)y February,- i@ k I I i@ c,-t Ili ci @i I)fj I I I;j 4 1 (I cl 1). I I I I or; i,t-, i @ I 1I I a c on @- t t I I,-, ti @ti o f I-il C' ). IFC-I I%j P LV @,) 5 0 (i 1, y 4@J,l (@i'i (I @ it, I I if A)VI i.ii s I I II t I I ILi P(iric, ip,il Will flifrii S 11 A tJ 0 11 (I it I IL I.J I sit Ilicti ()t fail uti saiti jcjt), t)-,, the Italy bacc)ii-ic iiijj@ir6i)E (ittriftu k,v I I I @ t I i,i@ t)ijni-i -I e. t@ (I, Li' 14.1 w a -s IJ ["PI @ )vut 1 41)1 I -May 3 96 I]( I I (i ti F C-) H E, 'f I I F, fJ I I I T I C) rl (") F 'i- H I S t.) fi I- I (3 A Ti (-I N I S S IJ C I 1, i i-,,-j t I t vv I i ti i Ili Yt; I I Ii Vi I Ili,, ."[ -@l Brij 11-iii vvt)rk, (ic)ne tit-iotir iii43 ici(ii-i@ (it t;Llici @L;t tltd eXt!CLltl,)IICt sai(i @vcirk,, ;jti(i ttio cijri,yiiiii ciii@ C)f (th@ lisi-iri@ i)t ilt@ !,Ii.iii 1k;iil,iifi lib ilill fill Virill,@. till,; @lkall I)e vc,lkj- uotjf) tlii!3 21st day f.)f May 96 UNITED PACT-FIC INSURANCE COMPANY CLOVIS PAVING & SEALING, INC. Dennis.-H. Pope fil,lirii,) (tli i n t-.) Attorney-in-fact RV: i'i'R 0 V F r.) F; I'(-' 170 R f\4: (I J,) P7 C-. rq bt:i:v;r_-Ifq 4101;0 g; I L.2 Blois] if"' i;l 0 .REL@NCE SLTRETY COMIPANY UNrrED PACMC INSURANCE COMEPANY 'RELIANCE INSURANCE COMEPANY @RELLANCE NATIONAL ME COMEPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the'laws of the State of Wisconsin (herein collectively called "the Companies') and that the Companies by virtue of signature and seals do heriiby make, constitute and appoint Dennis H. Pope, of Fresno, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which . .provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECL;TION OF BONDS AND UNDERTAKINGS 1. The Board of Directors. the President, the Chairman of the Board, any Senior vice President. any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to la) appoint Attomevis)-irFact and to authorize them to execute on behalf of the Company, bonds end undertakings, recognizam", contracts of lnoemnity and other writings obligatory in the nature thereof, and lb) to remove any such Attorneyls)-in-Fact at any "a and revoke the power and authority given to them. 2. Attorney(s)-in-Fact "I have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakim% recognizarvcas, contracts of Indemnity and other writings obligatory in me nature thereof. The @rate seal is riot necessary for the validity of any bonds and undertakings, recognizences, contracts of Indemnity and other writings obligatory in the nature there&, 3. Attorneyls)-in-Fact shall have power and authority to execute affidavits reqtgred to be attached to bonds, r@zonces, contracts of Indemnity or other conditional or obligatory undertakings and they shalt also have power and authority to certify the financial statement of the Company end to copies of the By-Uws of the Company or any article orsection thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the tolloywng resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance insurance Company. United Pacific insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28. 1994 and by the Executive WW Financial Comminoe of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31 1994. 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by tacsimile.and any such Power of A"omey or certificate bearing such facsimile signatures or fa@lis seal shall be valid and bincfing upon the Company and any such P@er so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect w any bond or undertaking to which It is attachocl' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this Augus-c 1995. RELIANCE SURETY CO?"ANY RELIANCE INSURANCE COMPANY rEC INSURANCE COMPANY INDEMNITY COMPANY STATE OF Washington COUNTY OF King Ss. On this, August 21, 1995, before me, Janet Blankley, personally appeared Lawrence W. Caristram, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for @the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. ublic in and for the State of V+shington at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMI E INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 91 day of Mgy 19 Assistant Secretary I-,% i 4 F-,I:i M 101 4 87-,N ff--i 0 F-,l I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Fresno On ma)z 21, lqc)6 before me, DEBBIE-YOUNG, NORPARY PUBLTC-L DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared Dennis H. Pope NAME(S) OF SIGNER(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their DEBBIE YOUNG signature(s) on the instrument the person(s), COMM #998304 or the entity upon behalf of which the NOTARY PUBLIC-CALIFORNIA (n person(s) acted, executed the instrument. FRESNO COUNTY My Comm. Exp. June 23, 1997 WITNESS my hand and official seal. SIGNATURE OF@RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL City of Temecula Maintenance Bond CORPORATE OFFICER Bond NO. U2465509 TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL 2 ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) F-I GUARDIAN/CONSERVATOR OTHER: 5-21-96 DATE OF DOCUMENT SIGNER IS REPRESENTING: NANIE OF PERSON(S) OR ENTITY(IES) Clovis Paving & Sealing, Inc. United Pacific Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Par'A, CA 91309-7184 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW95-06 FY94195 PA VEMENT MANA GEMENT SYSTEM This is to certify that CLOVIS PAVING & SEALING, IN(;. (hereinafter the 'CONTRACTOR') declares to the City of Temecula, under oath, that heat has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW95-06 FY94/95 PAVEMENT MANAGEMENT SYSTEM situated in the City of Temecula, State of California, more particularly described as follows: INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute BILLING #2 370,717.90 RETENTION 67,502.36 PursuanttoPublicContractsCode 7200,theCONTRACTORdoesherebyfullyreleaseand acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: 5/21/96 By: a-@ ture STEVE M. GROTE, VICE PRESIDENT Print Name and Title RELEASE R-1 r:kcip\projectskpw95-O6\bidpkg 120795/seh ITEld 1 0 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: July 9, 1996 SUBJECT:Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 22627-1) (Northeasterly of intersection of Nicolas Road at North General Kearny Road) PREPARED BY: @ Steven W. Cresswell, Principal Engineer Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 96@ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 22627-1) BACKGROUND: The City Council approved Tract No. 22627-1 on March 26, 1991, and entered into Subdivision Agreements for construction of street improvements and subdivision monumentation with Lyon Communities, Inc. On July 9, 1 996, the City Council accepted the public improvements for this tract. The public streets now being accepted by this action are Bogart Place, Pauma Valley Road, and portions of Sierra Madre Drive. North General Kearny Road in this reach was accepted by City Council Resolution No. 95-85 on October 10, 1995. Nicolas Road was a portion of the County Maintained-Road System prior and became a part of the City Maintained-Street System upon City incorporation on December 1, 1989. FISCAL IMPACT: r:\agdrpt@96\0709\tr22627 1 sts FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 96- with Exhibits 'A-B', inclusive. r:\agd rpt\96\0709\tr226 27 1 sts RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF TEMEECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO TIE[E CrrY A STREET SYSTEM M=IN TRACT NO. 22627-1) THE CrrY COUNCIL OF THE CrrY OF TEMEC-LJLA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted an offer of dedication of certain lots for street and public utility purposes made by Lyon Communities, Inc., a California Corporation, with the recordation of Tract Map No. 22627-1; and, WHEREAS, The City of Temecula accepted the improvements within Tract No 22627-1 on July 9, 1996. NOW, THEREFORE, BE rr RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B' attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of July, 1996. Karel F. Lindemans, Mayor ATMT: June S. Greek, City Clerk r:\agd rpt\9 6\0709\tr22627 1 sts [SEAL] STATE OF CALIFORNIA COUNTY OF ]]DE ss CrrY OF TEMIECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9th day of July, 1996, by the following vote: AYES: 0 COUNCIILMEMBERS: NOES: 0 COUNCIL ERS: ABSENT: 0 COUNCIL ERS: ABSTAIN: 0 COUNCIIL ERS: r:\agdrpt\9 6\0709\tr22627 1 sts EXHEBIT "A" TO RESOLUTTON NO. 96- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 22627-1, and accepting subject public streets into the City Maintained-Street System as described below: A. Those lots described as Lots "A" through 'IF" inclusive, as shown on Tract Map No. 22627-1, filed 5 April 1991, in Book 230 of Maps, Pgs 55-60 Incl., further described as follows: Ut "All*Portion of Nicolas Road Lot IOBitPauma Valley Road IL,ots "C" & "D"Bogart Place IL,ot "E"Portion of Sierra Madre Drive IL,ot "F"#Portion of North General Kearny Road Nicolm Road was a portion of the County Maintained-Road System and became a portion of the City-Maintained Street System by succession upon incorporation on December 1, 1898. # North General Kearny Road in this reach was accepted into the City Maintained-Road System by Resolution No. 95-85 on October 10, 1995. r:\agdrpt\96\0709\tr22627 1 sts EXHIBIT 'B' TO RESOLUTION NO. 96- - SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: .eo VICI,VITY Af,4P T--7- (5111 '5@ 1 4'@ 7 75' 56 E: 85a6l lo! 9:,3: 7: E,, 5 4; 3: NORTH GENERAL pi --- A9b632- LOT @ 941.32'(',C-) 917. 52' 13 1 @2 1 '91 190 ag 88 87 8 7 2 1 85 86 0 7. Czl. @,f. 6-@ co 24 NEW LOT UNE FER 65 6 68 3C 31 32 33 @eu L Project 1792.21' l'Illsrlvo @UE.@ F CREEK LOOD/ e.34C. @7 1 3 52.65' NICOLAS q ", ROAL) LOT 7 67' 3'] <2091.78> (2091.78'ArC. Arf ^,V. @vy/ 5z, 771.57,V 77/ -W'@A',W 49 IZI@) r-c2 7F;,@r@R A, j@--i NOTE:MAPS NOT TO SCALE LEGEND STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAJNTAINED-STREET SYSTEM ITEI\4 11 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:@loseph Kicak, Director of Public Works/City Engineer DATE: July 9, 1996 SUBJECT:Accept Public Improvements in Tract No. 22627-1. (Northeasterly of intersection of Nicolas Road at North General Kearny Road) PREPARED BY: @Steven W. Cresswell, Principal Engineer Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the Public Improvements in Tract No. 22627-1, AUTHORIZE the release of the Faithful Performance Improvement Bond, release of the Subdivision Monumentation Bond, initiation of the warranty period, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On March 26, 1991, the City Council approved Tract No. 22627-1. Subdivision Improvement Agreement and Surety Bonds were submitted by: Lyon Communities, Inc. 4330 La Jolla Village Drive, Suite 130 San Diego, CA 92122 for the improvement of streets and subdivision monumentation. Accompanying the subdivision agreement were surety bonds issued by the American Insurance Company as follows: Bond No. 11 1328 98 138 in the amount of $333,000 to cover street improvements. Bond No. 1 1 1328 98 138 in the amount of $166,500 to cover street labor and materials. Bond No. 11 1328 98 146 in the amount of $30,228 to cover subdivision monumentation. Bond No. 1 1 1328 98 138-M in the amount of $57,400 to cover warranty. -1- r: \agdrpt\96\0709\tr22627 I.acc Staff has inspected the street improvements and recommends acceptance of these improvements, initiation of the one-year warranty period, and release of the Faithful Performance Improvement Bond. The Warranty Bond as submitted at the time of City Council map approval was based on all public improvements including streets, and water and sewer systems. The water and sewer system had been completed prior to the recordation of the tract map, and approximately 50% of the street work had also been completed, and were therefore not included in the bond/agreement package submitted to City Council. Therefore the Faithful Performance Improvement Bond may be released as follows: Faithful Performance Improvement Bond No. 11 1328 98 138 $333,000 The Labor and Materials Bond will be held for the contractual six-month lien period. Pending any claims release of this bond will be recommended by Staff at the appropriate time. Staff has also inspected and reviewed the Subdivision Monumentation and recommends release of this bond as follows: Subdivision Monumentation Bond No. 11 1328 98 146 $30,228 The Warranty Bond in place exceeds the required warranty amount of $33,300, however, there are no provisions in the Subdivision Improvement Agreement for reductions in Warranty Bonds. Staff recommends the Warranty Bond be retained in full for the one-year warranty period. Warranty Bond No. 1 1 1328 98 138-M $57,400 The public streets within this tract are being accepted into the City Maintained-Street System by Resolution No. 96- at this time. The streets to be accepted are Bogart Place, Pauma Valley Road, and portions of Sierra Madre Drive. Nicolas Road in this area was accepted into the County Maintained-Road System prior to City incorporation and became part of the City Maintained-Street System on December 1, 1989. North General Kearny Road in this area was accepted into the City Maintained-Street System by Resolution No. 95-21. FISCAL IMPACT: None ATTACHMENTSE Location Map -2- r:\agdrpt\96\0709\tr226271.acc VICIAllrY AIAR 1-7-7 '4') EN@1C),5r.E; 185a6l N 71'5.11@"@Et l8p8 8 3 7. I J 10! 9 7 6 5 4 3 NOFZTH GENERAL KEARNY ROAD 445.CC)' 49r.32' LOT C441- !2 917. 52' 3 2 1 87 8 7 5 3 @2 91 90 -991 w I r- I- '% -, I -.1 85 8r. 10 11 12 13 14 .15 co '7r 'O GART PLACE OD 5 c 28 27 26 25 24 23 Z@ NEW LOT UNE FER 6516r. 67 EL 29 3c 31, 32 33 34 LI-A @7" _L i I @ I I LO-L -0-TT@, 'T ite EFCRA MADRE Project $.14 1 -1, 11 1 60 59,58;57,56@55 54 5315--, \-SAN TA GI @Ul 'A7 1 3 52 @65' ROAL) LOT 3'] <@1.78'> (2091.78@*Vg 771@r771.-41@A'At a 1921@) LI' F--(2 7f; rIA I" -1 NOTE:MAPS NOT TO SCALE TRACT NO. 22627-1 Location Map' ITEN4 12 1 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: oseph Kicak, Director of Public Works/City Engineer DATE: July 9, 1996 SUBJECT:Reduce Faithful Performance Bond Amount in Tract No. 27827-1 (Northwesterly Corner of Intersection of North General Kearny Road at Nicolas Road) PREPARED BY: @Steven W. Cresswell, Principal Engineer Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council AUTHORIZE fifty-percent reduction in Faithful Performance bond amount for street, water, and sewer improvements, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: The City Council approved Tract Map No. 27827-1 on August 23, 1994, and entered into Subdivision Improvement Agreement 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: 1 .Bond No. B2380578/111058 in the amount of $394,000 ($302,000, $47,000, and $45,000, respectively) for street, water and sewer system improvements. 2.Bond No. B2380578/111058 in the amount of $197,000 ($1 51,500, $23,500, and $22,500, respectively) for street, water and sewer system labor and materials. 3.Bond No. B2482283/111062 in the amount of $13,608 to cover subdivision monumentation. r:\agdrpt\96\0709\tr27827 l.red The Developer requests reduction in the Faithful Performance Bond amount to reflect work performed. The Subdivision Improvement Agreement permits a maximum of fifty-percent (50%) reduction in Faithful Performance Bond amounts as long as the several serving districts and the City concur that there is sufficient security remaining to assure that the remaining work will be performed. Staff and the districts so concur. The Faithful Performance Bond amount is to be reduced as follows: Street, Water and Sewer System Improvements $197,000 The remaining Faithful Performance Bond amount will be: Street, Water and Sewer System Improvements $197,000 The Labor and Material Bonds will remain in place until the City Council accepts the public improvements, initiates the warranty period, and the contractual 6-month lien period runs. The Subdivision Monumentation Bond will be recommended for release when the public improvements have been constructed and the monuments and related documents have been approved by Staff. The public streets within this development, although not accepted or ready to be accepted into the City Maintained-Street System, are portions of Marian Road, Warbler Drive, Tischa Drive, and two alleys. Portions of Nicolas Road and North General Kearny Road within the tract boundary were previously accepted into County or City Maintained Road or Street Systems. FISCAL IMPACT: None. ATTACHMENT: Location Map -2- r:\agdrpt\96\0709\tr279271.red C17- OF SoiJND4,9 ECUL 4 G;?Oss 4CRES .34 4 Af IV, AO 20 RAO NOTE: @PS NOT TO SCALE VICINITY MAP .TRACT NO. 27827-1- Location Map ITE14 13 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: July 9, 1996 SUBJECT:Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 27827-2) (Northwesterly of intersection of Nicolas Road at North General Kearny Road) PREPARED BY: z* Steven W. Cresswell, Principal Engineer Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 967- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 27827-2) BACKGROUND: The City Council approved Tract No. 27827-2 on August 23, 1994, and entered into Subdivision Agreements for construction of street, water and sewer system improvements and subdivision monumentation with Coscan Homes California, a California Corporation, doing business as Coscan Davidson Homes. On July 9, 1 996, the City Council accepted the public improvements for this tract. The public streets now being accepted by this action are Bogart Place, Pauma Valley Road, and portions of Sierra Madre Drive. Nicolas Road was a portion of the County Maintained-Road System prior and became a part of the City Maintained-Street System upon City incorporation on December 1, 1989. FISCAL IMPACT: r:\agd rpt\9 6\07 0 9 \tr27 8 27 2. sts FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 96- with Exhibits "A-B', inclusive. r:\agd rpt\9 6\0709\tr278 27 2.sts RESOLUTION NO. 96- A RESOLUTTON OF THE CITY COUNCEL OF THE CrrY OF TEMECULA, CALIFORNIA, ACCEYMG CERTAIN PUBLIC STREETS INTO THE CITY A@-STREET SYSTEM (WRIHIN TRACT NO. 27827-2) TIRE CrrY COUNC]IL OF THE CrrY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council of the City of Temecula accepted an offer of dedication of certain lots for street and public utility purposes made by Coscan Homes California, a California Corporation doing business as Cosean Davidson Homes, with the recordation of Tract Map No. 27827-2; and, AS, The City of Temecula accepted the improvements within Tract No 27827-2 on July 9, 1996. NOW, RE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of July, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk r:\agd rpt\9 6\0709\tr278 27 2.sts [SEAL] STATE OF CALIFORNIA COUNTYOF SI]DE ss CrrY OFCULA 1, June S.Greek, City Clerk of the City of Temecula, California, do hereby certify that ResolutionNo. 96- was duly and regularly adopted by the City Council of the City of Temecula ata regular meeting thereof held on the 9th day of July, 1996, by the following vote: AYES: 0 COUNC]ILMEMBERS: NOES: 0 COUNCIIL ERS: ABSENT: 0 COUNCIILMEMBERS: ABSTAIN: 0 COUNC]IL ERS: r:\agd rpt\9 6\0709\tr27 8 27 2.sts EXHEBIT "A" TO RESOLUTTON NO. 96- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 27827-2, and accepting subject public streets into the City Maintained-Street System as described below: A. Those lots described as Lots "Al' through "GI' inclusive, as shown on Tract Map No. 27827-2, filed 30 August 1994, in Book 250 of Maps, Pgs 1-3 Incl., further described as follows: @t "All*Portion of Nicolas Road IL'OT IIBIIPortion of June Road @t licitPortion of Marian Road IL,ot "D"Portion of Sarah Drive Lot "E"Portion of April Drive IL,ot "F"Portion of Alley Ut "G"Portion of Alley Nicolas Road was a portion of the County Maintained-Road System and became a portion of the City-Maintained Street System by succession upon incorporation on December 1, 1989. r:\agdrpt\9 6\0709\tr278 27 2.sts EXHIBIT 'B' TO RESOLUTION NO. 96- SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: 19 20 i7 ñ6 2i 33 22 15 3E 34 26 23 1 4 38 30 25 24 3 @9 AR IA@/ 40 3 4 5 6 7 B 9 10 ii 41 0- N 7334'01"W 633.80' k(N 73-34-01,W 663.73) N 73"34'01"W 846.24@ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - NICOLAS ROA D LEGEND @A @IS STREETS OR PORTIONS OF STREETS TO BE ACCEFTED INTO CITY MAINTAINER)-STREET SYSTEM VICIN:-@ MAP NOTE: MAPS NOT TO SCALE ITEI\4 14 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: July 9, 1996 SUBJECT:Accept Public Improvements in Tract No. 27827-2 (Northwesterly of intersection of North General Kearny Road at Nicolas Road) PREPARED BY: /@teven W. Cresswell, Principal Engineer Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the Public Improvements in Tract No. 27827-2, AUTHORIZE the reduction in Faithful Performance Street and Water and Sewer System Bond amounts to the warranty level, release of the Subdivision Monumentation Bond, and initiation of the warranty period, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: The City Council approved Tract Map No. 27827-2 on August 23, 1994, 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: 1 .Bond No. B2380579/111059 in the amount of $342,500, ($224,000, $67,000, and $51,500, respectively) for street, water and sewer system improvements. 2.Bond No. B2380579/111059 in the amount of $171,250 ($112,000, $33,500, and $25,750, respectively) for street, water and sewer system labor and materials. 3.Bond No. B2482284/111062 in the amount of $12,420 to cover subdivision monumentation. -1- r:\agdrptk96\0709\tr278272.acc The following items have been completed by the developer in accordance with the approved plans: 1 Street, Water and Sewer System improvements within Tract No 27827-2. 2. Subdivision Monumentation. Staff has inspected and verified the public improvements and the subdivision monumentation. The Rancho California and Eastern Municipal Water Districts have accepted their items of work. The Public Works Department therefore recommends release of the monumentation bond, acceptance of the public improvements, reduction in bond amount to the 1 0-percent warranty level, and initiation of the one-year warranty period. Therefore it is appropriate to reduce the Faithful Performance Bond amount as follows: Street, Water and Sewer System improvements: $308,250 and release the following bond: Subdivision Monumentation: Bond No. B2482284/111063 $12,420 The Faithful Performance Bond (No. B2380579/111059) will be retained in the following warranty amount: Street, Water and Sewer System improvements: $34,250 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. The public streets within this tract are being accepted into the City Maintained-Street System by City Council Resolution No. 96- at this time. The streets to be accepted are portions of June Road, Marian Road, April Drive, Sarah Drive, and two alleys. Portions of Nicolas Road within the tract boundary were previously accepted into the County Maintained-Road System and into the City Maintained-Street System by succession upon incorporation. FISCAL IMPACT: None ATTACHMENT: Location Map -2- r:\agdrpt\96\0709\tr278272.acc i 9 I E3 AV 1 7 i,te 2 0 46' 1 6 2 8 2 i 3 27 22 15 34 26 23 14 3 50' 30 36 MARIAN ROAD 1-07- in 40 2 3 4 5 6 7 8 9 iO il 4 1 L07' N 73-34-01-W 633.60 (N 73-34-0ioW 663.73) N 73-34'OIOW 846.24@ - - - - - - - - - - - - - - - - - - - - - - - - NICOLAS ROAD '/ICl?4ITY MAP NOTE: INTAPS NOT TO SCALE TRACT NO. 27827-2 Lo-cation Malp A. ITEI\4 15 4 APPROVAL CITY ATTOF FINANCE Dil CITY MANA CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Joseph Kicak, Director of Public Works DATE:July 9, 1996 SUBJECT:Solicitation of Construction Bids and Approval of Plans and Specifications for the FY96-97 A.C. Street Repairs (Project No. PW96-10) PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW96-10, FY96-97 A.C. Street Repairs. BACKGROUND: The Public Works Department has two (2) procedures for effectuating street maintenance projects. The first procedure addresses immediate repairs through a weekly sealed bid/work order system for work under $25,000. The second procedure involves compiling a list of A.C. street repairs that don't require immediate attention for a period of six (6) months. This work includes A.C. overlays, A.C. removal and replacement, overside drains/repairs, and installation and repair of A.C. berms. This list has been "grouped" together to form a more cost effective project. Upon authorization and approval, Project No. PW96-1 0 will be advertised for twenty-one (2 1) days, with the bid opening on August 7, 1996. This project has an estimated construction time of forty-five (45) working days to complete. The Plans, Specifications and Contract Documents have been completed and the project is ready to be advertised for construction. These Plans and Specifications are available for review in the City Engineer's office. All plans used in the construction of this project are City of Temecula Standard Plans approved by the City Council in November, 1991. The Engineer's estimate for this project is $1 75,000. r\agdrpt\96@0709\pw96-1 Oac.bid/ajp FISCAL IMPACT: Funds are available in the Public Works Department Street Maintenance Account 00 1 - 1 64-601 - 5402. Attachm@: A.C. Street Repairs - Location and Scope of Work r:\agdrpt\96\0709\pw96- I Oac.bid/ajp CITY OF TEMEECULA DEPARTMEENT OF PUBLIC WORKS ASPHALT CONCRETE LIST 1996 ATTAC T "All ............... .... ......... .. . ......... .. . . . . . . . . . . . ... ... :.S.COPE;.oF..@N.,OR ::::OU NTI ............... .... ..... ..... ............... ........... . . ..... ... . . . ... ... ......... .......... .......... ..... ............... ......... .......... ..... ........ ..... .......... ... . ........... ... ............. Mira Loma Dr. @ Rancho Vista Dr. at concrete cross R&RAC 60 gutter (3Ox2) Mira Loma Dr. @ Rancho Vista Dr. n/w radius R&RAC 75 (15x5) Loma Portola @ Camino Del Sol Drive n/e corner in R&RAC 40 front of fire hydrant (2Ox2) 30175 De Portola R & R AC berm 65 Across from 30175 De Portola Install AC berm 26 Margarita 100 ft n/o Dartola Road nib lane next to 45 R&RAC 180 Legend (lOxl8) Margarita 100 ft s/o De Portola (lOx2O) R&RAC 200 Loma Portola Dr. @ Camino Del Sol Dr. around R & R AC & root pr-une 1,530 center median (85xl8) Loma Portola Dr. @ Camino Del Sol Dr. at water Overlay AC 120 can lids (12xlO) 29880 Camino Del Sol Dr. next to curb and gutter at Overlay AC 50 water meter (lOx5) 29879 Camino Del Sol Dr. by D/A (4x6) Overlay AC 24 29855 Camino Del Sol Dr. next to gutter (4Ox6) Overlay AC 240 29761 to 29760 Camino Del Sol Dr. end of cul de sac R&RAC 1,625 (65x25) 29781 Camino Del Sol Dr. at curb and gutter (4Ox3) Overlay AC 120 29801 Camino Del Sol Dr. (3Ox5) Overlay AC 150 29811 Camino Del Sol Dr. at curb and gutter (56x3) Overlay AC 168 Loma Portola @ Rancho Vista at concrete cross Overlay AC 480 L-utter (48xlO) 42801 Las 'V iolettas Court between D/A's (lOx8) Overlay A 80 42721 and 42680 La Violettas Court (5Ox22) Overlay AC i,ioo 42700 Las Violettas Court (25x5) Overlay AC 125 A-2 R,@int\aclist.96-rh 5/31196 CrrY OF TEMECULA ASPHALT CONCRETE LIST 1996 .............. ....... .. . ...... ..... .. ........... .......... .. .. .... ..... .................. ... .. ::Lo .. .. . ..... . . ........... .. ... ........ ............... ............... .. .. .......... . ..................... .......... ... .@: : :: : : - :.: : ;: .:.: . : I.: : : : ..: ; .: i: ... ... ... ............ ..... .. ..... .. .. . . ... ... . . . . . . ........... ...................... ............ .. . ...... ... .. . 42741 Las Violettas Court by mail box (14x8) Overlay AC 112 42740 Us Violettas Court (3Ox6) Overlay AC 180 Start at 29961 Camino Del Sol Dr. and R & R entire R & R AC & root prune 7,234 cul de sac (29xl46) and (25xl2O) Rio Nedo a Diaz at concrete cross gutter n/w comer R&RAC 202 (15xlO) (26x2) Overland e/o Commerce Center Dr. at D/A for R&RAC 224 Windshields of America Pujol Street (& Ist Street next to concrete cross gutter R&RAC 180 (15xl2) Pujol St. 100 ft s/o cross gutter in front of cable box Overlay AC 35 (5x7) 28801 Pujol Street (Temecula Villas) next to concrete R&RAC 120 cross gutter (6x2O) 28801 Pujol Street across from red caboose at R&RAC 252 concrete cross gutter (2lxl2) Pujol Street across from 28816 Pujol St. in front of R&RAC 160 fire hydrant (8x2O) 28816 Pujol St (Community Center) north D/A R&RAC 320 (2Oxl6) Across from 28731 Pujol Street next to gutter (5x6) Overlay AC 30 Across from 28711 Pujol Street next to gutter (6x7) Overlay AC 42 Main Street @ Pujol Street at stop bar and stop legend R&RAC 400 (2Ox2O) Felix Valdez @ Rancho California Business Center in Overlay AC 180 front of fire hydrant (lOxl5) (lOx3) Felix Valdez @ Vincent Moraga e/o concrete cross R&RAC 782 gutter s/side (34x23) Diaz n/o Rancho California Rd at 45 legend (16xlOO) R&RAC 1,600 Diaz 600 Ft n/o Rancho California Road at pot hole R&RAC 585 (45xl3) Del Rio @ Front in front of D/A right turn for Front R&RAC 120 (6x2O) La Paz 400 ft w/o Ynez - pot hole center of street R&RAC 144 (12xl2) A-3 P--@int\ali.L96-,rh 5131/96 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 .... ...... ... ...... CATION. .............. ........ .......... ................ ........ .. .... ....... ........ ...... .. ........... ........... .. .... .... .... .. ...... ... ........ Paz 300 ft w/o Ynez - pot hole in center of street R&RAC 200 (lOx2O) Across from 31071 Camino Verde (45x3) Overlay AC at curb and gutter 135 Leigh Lane @ Calle Katerine (36x5) Overlay AC 0 cross gutter 180 Calle Katerine @ Leigh Lane (65x4) Overlay AC cross gutter 260 31901 Valone Court (3x3) R&RAC 9 40501 Calle Medusa at manhole cover between catch Overlay AC 100 basins (IOXIO) 39290 Oak Cliff Drive in front of D/A (2Ox4) Overlay AC 80 39280 Oak Cliff Drive in front of D/A (5x5) Overlay AC 25 '7 Rainbow Creek Dr a Oak Cliff Dr s/e comer Overlay AC 450 (30x 15) 39322 Springtime Dr (4x8) Overlay AC 32 39342 Splringtime Dr (15xg) Overlay AC 120 39248 Rising Hill Drive (5x4) Overlay AC 20 39225 Rising Hill Drive (4x6) Overlay AC 24 39168 Rising Hill Drive (7x4) Overlay AC 28 39177 Rising Hill Drive (7x4) Overlay AC 28 39120 Rising Hill Drive (16xl2) Overlay AC 182 391 10 Rising Hill Drive (4x4) Overlay AC 16 27070 Falling Creek Court e/s of D/A (7x9) R&RAC 56 27070 Falling Creek Court w/s of D/A (lOx8) R&RAC 80 27050 Falling Creek Court e/s of DA (5x4) R&RAC 20 Calle Torcida 50 ft e/o La Sombra Court R & R down spout 36 216 A)North down spout (36x6) + 36 In ft of berm Calle Torcida 50 ft e/o La Sombra Court R & R down spout 35 245 B)South down spout (35x7) + 35 In ft of berm Calle Medusa 200 ft s/o Nicholas Road (8xs) Overlay AC at concrete cross 64 gutter Riverton Lane 200 ft s/o Calle Girasol where grass is R & R AC curb 45 growing through AC curb (30 In ft) (15 In ft) 1[27071 Falling Creek e/s of D/A (7xlO) AC overlay 70 A-4 F-- @int\aclkl 96- rh 513 1/96 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 ........... ........ . .. ........... . ...... . @lw .. .... ORK ....... OUANTI ....... ... . ......... .. ....... .. ...... ......... .. . . ......... .......... ............. .. ............ ... .. ...... . ........ . . ..... ........ ............. Villa Venecia Nicolas Road by stop bar (3x3) R&RAC 9 Avenida Centenario a Via Norte at stop legend R&RAC 144 (12xl2) Avenida Centenario @ Via Norte at radius of pot hole R&RAC 36 by stop bar (6x6) Via Norte @ Solana n/w corner R & R AC berm 60 Solana 40 ft w/o Via Norte R & R AC berm 40 Solana 150 ft w/o Via Norte R & R AC berm 75 29935 Del Rey (6x6) R & R AC street 36 41080 Avenida Verde R & R AC berm 67 41055 Avenida Verde R & R AC berm 10 41055 Avenida Verde (4xlO) R & R AC street 40 41125 Avenida Verde R & R AC berm 20 41125 Avenida Verde (lOx75) R & R AC street 750 Villa Venecia at Nicholas Road (6x6) Overlay AC at stop bar 36 29595 Avenida Del Sol where street is raised up R&RAC 120 (6x2O) 26040 Ynez Road at south D/A (42x5) Overlay AC 210 Roripaugh Road @ Winchester Road s/w radius Overlay AC 300 (6Ox5) La Colima Road @ N. General Kearney at stop bar R&RAC 1,124 and stop legend (58xl8) 29775 Valle Verde at D/A and mail box (19xlO) R & R AC and remove roots 190 29765 Valle Verde in front of AC berm (4Ox5) Overlay flowline 200 29765 Valle Verde (45 In ft) R & R AC berm 45 29720 Valle Verde (155x6) R & R AC flowline 930 29715 and 29735 Valle Verde (272x7) R & R AC flowline 1,904 29715 Valle Verde (140 In ft) R & R AC berm 140 La Corona Court end of cul de sac by water valve lid R&RAC (9x9) La Corona Court end of cul de sac at down spout R&RAC 660 1(3Ox22) A-5 IL-@int\aciiBL96-rb 5/31/96 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 ............. ......... ................. @'LO.C.ATION'. OFWORK;:" Y::: .......... ............ ...... .... .............. . . . . .......... ......... ....... . .. . ...... .. . .... ........ .. .. . .......... ... .. ....... .......... ........... ........... 30165 Via De La Mesa (3x6) (3x3) Overlay AC 27 Via De La Mesa @ across gutter and n/e radius R & R AC and root prune 540 (66x6) and (12xl2) 30236 Via Val Verde at down spout (15x25) R&RAC 375 Across from 30275 Via Val Verde (12x8) R&RAC 96 Paseo Del Cielo 50 ft n/o Via Norte w/side (8x3) R & R AC and root prune 24 Paseo Del Cielo 50 ft n/o Via Norte w/side (8x3) R & R AC berm 8 Paseo Del Cielo 100 ft n/o Via Norte w/side (4x5) R & R AC and root prune 20 Paseo Del Cielo 100 ft n/o Via Norte w/side (4x5) R & R AC berm 8 Across from 40479 Paseo Del Cielo at AC down R & R AC and root prune 24 spout(6x4) 30 ft n/o AC down spout across from 40479 Paseo R & R AC and root prune 50 Del Cielo (lOx5) 75 ft n/o 40479 Paseo Del Cielo w/side of street R & R AC berm 30 100 ft nJo 40479 Paseo Del Cielo w/side of street R & R AC berm 20 n/side of AC down spout 40396 Paseo Del Cielo (6x5O) R & R AC and root prune 300 40350 Paseo Del Cielo (4Ox7) R & R AC and root prune 280 40365 Paseo Del Cielo (8Oxl4) R&RAC 1,120 40350 Paseo Del Cielo (55x5) R & R AC and root prune 275 Paseo Del Cielo @ Paseo Sereno n/e radius (35x25) R&RAC 875 Avenida Centenario @ Via Norte at stop legend R&RAC 640 (32x2O) Avenida Centenario @ Via Norte AC cross gutter R&RAC 819 (63xl3) Barca @ Margarita AC Overlay (lOx7) 70 Via Monterey @ end of Cul De Sac AC Overlay (Ixl)+ Raise I Water Can (1) can 30355 Del Rey Road AC Overlay (5x5) 25 Del Rey Road 100 ft W/O Calle Pina Colada R & R AC berm 16 ,Del Rey Road 125 ft W/O Calle Pina Colada R & R AC berm 40 3rO8l9 Del Rey Road AC Overlay (3x4) 12 A-6 R--Vit\.c@L96-rh 5131/96 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 ........ .. . ........... .... ............. ............. ............ 'N OPE".OF W@ORK-'..-"""' UA..nTY ..... . @@sc 'o L c ION ...... .. . .. .......... . ............ .. ..... ............ .................... .......... .......... I'@,.@..,.......@........,.........................@ 1.@.., ...... . ..... ...... .......... . . . . .......... .............. ................ ............ ..... .......... .. . .... . ..... ................. .... ........... .......... ....... .... ..... Del Rey Road Via Media AC Overlay + Raise Water 2 ans 2 cans 31173 Del Rey Road R & R AC berm 117 31331 Ave. Del Reposo R & R AC and root prune 1,596 (133xl2) 31331 Ave. Del Reposo R & R AC berm and root prune 103 31618 Ave. Del Reposo (whole end of Cul-De-Sac AC Overlay (227x6l) 13,847 31130 Ave. Del Reposo (@ D/A) R & R AC and root prune 70 (14x5) Ave. Del Reposo W/O Via Los Altos R & R AC and root prune 1,140 (95xl2) In Front of 40899 & 40905 Via Los Altos R & R AC flow line (1 12x3) 336 Avenida Del Reposo S/E Radius R & R AC (5x5) 25 31225 Felecita Road R & R AC berm 90 31315 Via Norte R & R AC berm and root prune 131 31315 Via Norte R & R AC (13lx6) and root 786 prune Calle Tiara (end of Cul-De-Sac) R & R AC (109x6O) 6,540 40491 Calle Tiara (across from) R & R AC (I lOxIO) 1,100 31230 Calle Felicidad R & R AC and root prune 200 (5Ox4) 31230 Calle Felicidad R & R AC berm and root prune 50 40560 Calle Tiara R & R AC and remove roots 108 (18x6) 40560 Calle Tiara R & R AC berm and remove 18 roots 30990 Via Norte R & R AC and root prune 64 (16x4) 30990 Via Norte R & R AC berm and root prune 16 40588 Calle Fiesta R & R AC berm 35 40588 Calle Fiesta R & R AC (35x4) 140 40550 Calle Fiesta R & R AC and root prune 300 (25xl2) A-7 P--@int\aclist.96-rh 5/31196 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 ...... .. .. .. . ......... .......... .......... UA T-Y- ....... F., OR ... ...... . LO.C TION ii@@@SCOPE@@@O i@W .. ................... .............. . . ...... .... ..... ......... @ :: . ............ . ........... ........... .. . ............. . .. . . ..... .................. .............. . ........... .............. ... ...... . . ...... ... 40550 Calle Fiesta R & R AC berm and root prune 40 40512 Calle Fiesta R & R AC and root prune 280 (28xlO) 40512 Calle Fiesta R & R AC berm and root prune 8 Via Norte 125 ft E/O Calle Torcita R & R AC and root prune 88 (22x4) Via Norte 125 ft E/O Calle Torcita R & R AC berm and root prune 22 40321 Calle Torcita R & R AC and root prune 80 (2Ox4) 40321 Calle Torcita R & R AC berm and root prune 20 Via Cielito R & R AC (5lxl3O) 6,500 29665 Del Rey Road R & R AC (90xlO) 900 29795 Del Rey Road Flow Line R & R AC (4x2OO) 800 Via Norte Road 50 ft S/0 Monte Verde Road R & R AC and root prune 72 (12x6) Via Norte Road 50 ft S/0 Monte Verde Road R & R AC berm and root prune 12 Via Norte @ Solana Way R & R AC berm 34 29720 Monte Verde R & R AC and root prune 100 (25x4) 29720 Monte Verde R & R AC berm and root prune 25 29645 Monte Verde R & R AC (23x8) 184 29675 Monte Verde R & R AC and root pr-une 140 (35x4) 29675 Monte Verde R & R AC berm and root prune 35 Los Nolazes Road 100 ft W/O La Sierra Road R & R AC and root prune 120 (3Ox4) Los Nolazes Road 100 ft W/O La Sierra Road R & R AC berm and root prune 30 30065 Los Nogales Road AC Overlay (25x3) 75 Los Nogales Road R & R AC (32x3) 96 41090 Avenida Verde R & R AC and root prune 120 (3Ox4) 41090 Avenida Verde R & R AC berm and root prune 30 A-8 IZ-.\ffiaint\ac@L96-rh 5/31/96 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 .................... . ..'LO TIO .................... ............... ............ ....... @ @: 0 :.W@. RK o@p. @@ 0 ....... ... . .......................... .. . ....... ................ ........ ........... ..... ........... . ... ................ . . .. ...... ........ .... .. .... .... ... ..... . . 41050 Avenida Verde R & R AC and root prune 108 (27x4) 41050 Avenida Verde R & R AC berm and root prune 27 Avenida Verde (& Peusta Del Sol AC Overlay and Raise Water 48 Can (8x6) 41095 Avenida Verde R & R AC and root prune 215 (lOx4) (35x5) 41095 Avenida Verde R & R AC berm and root prune 45 (10) (35) 41125 Avenida Verde R & R AC and root prune 267 (25x7)(1 lx4)(12x4) 41125 Avenida Verde R & R AC berm root prune 48 (25)(11)(12) 30691 I-a Sombra Court R & R AC root prune (35x8) 280 30691 La Sombra Court R & R AC berm and root prune 35 30691 I-a Sombra Court AC Overlay and raise water can 49 (7x7) La Cadena Court (end of cul-de-sac) R & R AC (57x9)(at D/A's) 513 30661 Avenida Buena Suerta (50 feet west of) AC Overlay (3Ox7) 210 30610 Avenida Buena Suerte Install AC berm 10 30761 Avenida Buena Suerte R & R AC and root prune 364 (52x7) 30761 Avenida Buena Suerte R & R AC berm and root prune 52 30931 Avenida Buena Suerte R & R AC berm 75 30931 Avenida Buena Suerte AC Overlay (3x23) 69 31070 Avenida Buena Suerte (across from) R & R AC and root prune 216 (54x4) Across From 31070 Avenida Buena Suerte R & R AC berm and root prune 137 31107 Avenida Buena Suerte R & R AC and root prune 128 (32x4) 31107 Avenida Buena Suerte R & R AC berm and root prune 32 31107 Avenida Buena Suerte R & R AC and root prune 192 (24x8) A-9 P-\Maint\acliBL96-rh 5131/96 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 ...... .... .......... OU .......... .... ........ . ... .......... ....... ......... . ...... ................... ........... ............ 31107 Avenida Buena Suerte R & R AC berm and root prune 40250 Paseo Sereno R & R AC and root prune (14x6) 40160 Paseo Sereno R & R AC and root prune (24x5) Via Norte 125 ft E/O CaIle Pina Colada R & R AC and root prune (75x4) Via Norte 125 ft E/O Calle Pina Colada R & R AC berm and root prune 29683 Valle Olvera R & R AC and root prune (lOx4) 29683 Valle Olvera R & R AC berm and root prune 29952 Valle Olvera R & R AC and root prune (4x3O) Across From 29935 Del Rey Road R & R AC and root prune (95x6) Across From 29935 Del Rey Road R & R AC berm and root prune Across From 30135 Del Rey Road R & R AC and root prune (4Oxl2)(35x5) Across From 30135 Del Rey Road R & R AC berm and root prune 30213 Del Rey Road AC Overlay (8x6) 30193 Via Corsica AC Overlay (25x3) Solana Way 1000 ft W/O Del Rey Road R & R AC (16x4) Solana Way 1000 ft W/O Del Rey Road R & R AC berm Solana Way @ Calle Aranda (next to AC down spout) AC Overlay (25x7) Bedford Court 100 ft S/0 79S (entrance to Carls Jr.) R & R AC (38xl3) 41950 6th Street (pothole in sidewalk) AC Overlay (5x6) Del Rio 50 ft NIO Preschool D/A R & R AC (25x8) Del Rio @ Preschool and L & M D/A's R & R AC (I lOx22) ,42700 Via Del Campo AC Overlay (2xl) Via Del Campo S/W Comer R & R AC (2Oxl2) Santa Suzanne PI. 0 Cactus PI NfW Corner AC Overlay (16xlO) 42696 Santa Suzanne Place R & R AC (40xlO) A-10 24 84 120 300 75 40 10 120 570 95 655 40 48 75 64 16 175 494 30 200 2,420 2 240 160 400 R:@int\,ac@L96-rh 5/31/96 CITY OF TEMECULA ASPHALT CONCRETE LIST - 1996 . ............... ... .................. . .. ............ .......... s OPE@ ...... .... 0 - TION ORK@@@'." ......... .......... .. .. ..... .......... I . ... ..... . ............ ..... ........................... ..... ....... .......... ................ % . . .. .............. .............. . ... ......... ......... .. ......... . . ........... . ......... . . . .. . ...... .. ........... ........... ....... ..... .. . .......... ..... .......... ... 30018 Mira Loma Drive ia Center Median AC Overlay (15xlO) 150 30011 Villa Alturas AC Overlay (6x6) 36 30262 Villa Alturas AC Overlay (48x3O) 1,440 301 10 @ Primavera Street (next to catch basin) AC Overlay (2Ox3) 60 30126 La Primavera Street AC Overlay (25x3) 75 30184 La Primavera Street (at center median) R & R AC and root prune 130 (13xlO) I-a Primavera Street @ Pauba (at the S,T of Stop AC Overlay (18xlO) 180 Legend) HigMander Drive (& Quiet Meadows S/E Corner R & R AC (6x4) 24 TOTALS 2,323 81,015 R&RAC 57,889 SF BERM R & R 2,216 LF AC OVERLAY 22,665 SF INSTALL A.C. BERM 36 SF OVER-THE-SIDE-DRAINS EACH (2) A-11 R:\jnaint\a@L96-rh 5/31196 ITEI\4 16 PPROVA CITY AT1 DIR. OF F CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony Elmo, Chief Building Official DATE: July 9, 1996 SUBJECT:Consideration of a License Agreement for the Administration Marketing and Installation of the City's Directional "Kiosk" Sign Program RECOMMENDATION: That the City Council approve and award a License Agreement to Temeka Advertising, 43089 Business Park Drive, Temecula, CA 92590, for a four (4) year term, with an option to renew this agreement annually thereafter, for the administration, marketing and installation of the City's directional "Kiosk" sign program. DISCUSSION: On May 26, 1992, the City Council approved a four (4) year License Agreement with Temeka Advertising, 43089 Business Park Drive, Temecula, CA 92590, upon recommendation of a kiosk sign committee, made up of Council members and staff. This committee established a directional kiosk sign program for the city. This directional kiosk sign program was established to mitigate the proliferation of illegal offsite directional signage from active developers in the city. Over the past four (4) years, Temeka Advertising has marketed, administered and installed approximately sixty (60) kiosk signs within the city for this purpose. In an effort to provide quality signage for the city's active residential developers at an affordable price, Temeka has agreed upon a lease rate for signage of $62.66 for a single faced sign and $86.53 for a double faced sign. These lease rates have not been raised in the four (4) year term of the current agreement. Temeka has proposed to maintain the current lease rates through this next contract period. Temeka's kiosk signage has been used as a model for other cities as far away as Texas and as close as Carlsbad. Staff recommends the renewal of Temeka Advertising's contract agreement for an additional four (4) year period with an option to renew this agreement annually thereafter. V: \Agenda. Rep\Temeku. License LICENSE AGREEMENT TIES License, made and entered into as of May 26, 1996 between the City of Temecula, a municipal corporation ("OWNER"), and Temeka Advertising, ("USER"). The parties hereto mutually agree as follows: 1.GRANT OF LICENSE. Pursuant to City of Temecula Ordinance No. 91-40, Owner grants to User an exclusive License to locate kiosk directional signs within the public right-of-way. Each site for a sign shall be approved by the City Building Official, the Planning Director and the City Engineer. User shall instar, construct and maintain Idosk signs within the public right-of-way pursuant to the terms and conditions as set forth in Exhibit A attached. 2.USE P TS. This License is not in lieu of obtaining an encroachment permit. User agrees to procure all permits and licenses requested by the City of Temecula to construct and install Idosk signs and to comply with governmental rules, regulations, statues and ordinances. The User shall obtain all necessary permits and licenses, including but not limited to Building Permits, Encroachment Permits, and City Business License. 3. POSSESSORY TS. The provisions of this License Agreement may give rise to the creation of a possessory interest in City of Temecula owned tax exempt land or improvements. If such a possessory interest is created by this Franchise License, it may be subject to property taxation pursuant to California Revenue and Taxation Code Section 107 et seq., and as a result, User may be subject to the payment of a any property taxes levied on such interest. This notice is given pursuant to Revenue and Taxation Code Section 107.6 4.PERFO CE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 5.PAYMENT. As compensation to Owner for grant of this License, User shall pay Owner two percent (2 %) of the gross receipts derived from the leasing of space on each Idosk sign. 6.ATION OF LICENSE. 'Ihe City may terminate this License, or any portion hereof with or without cause, or for any reason, by serving upon the User at least six (6) months prior written notice. 7.BREACH OF IICENSE. In the event that User is in default for cause under the terms of this License, the City shall have no obligation or duty to continue contracting with User for any work performed after the date of default. V:\WP\CONTRACn REV 1 Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the User to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the User, shall not be considered a default. If the City Manager or his delegate determines that the User defaults in the performance of any of the terms or conditions of this License, it shall serve the User with written notice of the default. The User shall have twenty (20) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the User fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this License, to terminate this License without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this License. 8.TERM. This License shall commence on Mgy 26, 1996 , and shall remain and continue in effect until May 26,2000. 9.DISPUTE RESOLUTION. Any disputes regarding performance, default or other matters in dispute between the City and the User arising out of this License or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be fmal. User shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, @s . City and User shall share the cost of the arbitration equally. 10. REMOVAL AND ABANDO In the event that the License is terminated or is not renewed, then such User shall, upon demand of Owner, and at the sole expense of the User, promptly remove or, in its discretion, abandon in place, all or any portion of the Idosk signs. Upon abandonment of the Idosk signs in place, User shall cause to be executed, acknowledged and delivered to Owner, such instruments as the City Attorney shall prescribe and approve, transferring and conveying the ownership of the Idosk signs to the Owner. In removing its ldosk signs, User shall refdl, at its own expense, any excavation it made and shall also leave all public rights-of-way in as good condition as that prevailing prior to the User's removal of its Idosk signs. V:NWP\CO Cn REV 2 In the event the License is not renewed or is terminated, the Owner and the User may agree that User maintain and operate its Idosk signs until a subsequent User is selected and a subsequent or modified license becomes effective. Notwithstanding anything to the contrary set forth in this License, User may not abandon any of its Idosk signs in place if they materially interfere with the use of the public right-of-way in which such kiosk signs are located or with the use thereof of any public utility, which material interference shall be reasonably determined by the City Engineer. 11.INDEPENDENT USER. The User is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the User or any of the User's officers, employees or agents, except as herein set forth. The User shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the city. 12. LEGAL RESPONSEB The User shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this License. The User shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the User to comply with this section. 13.NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this License, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula , located at 43200 Business Park DTive, Temecula, California 92590 and the User at 43089 Business Park Drive, Temecula, California 92590 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. 14. ASSIG The User shall not assign the performance of this License, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. V:\NMCO Cn REV 3 15.LIABH= INSURANCE. The User shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the User, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VIII. The User shall provide the following scope and limits of insurance: A.Minimum ScMe of Insurance. Coverage shall be at least as broad as: 1.Insurance Services Office form Number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2.Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. 3.Workers' Compensation insurance as required by Ubor Code of the State of California an Employers' Liability insurance. B.Minimum Limits of Insurance. User shall maintain limits of insurance no less than: 1.General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2.Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3.Workers' Compensation and Employer's Liability: Workers' compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C.Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. D.Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: V:\WP\CONTRACT\ REV 4 a.Al] Policies. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City via United States First Class Mail. b.'General Liabiliiy and Automobile Liabiliiy cover-age. The City of Temecula , 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 User; products and completed operations of the User; premises owned, occupied or used by the User, or automobiles owned, lease, hired or borrowed by the User. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the User's performance of the work described in this contract, the User's insurance coverage shall be primary insurance as respects the City of Temecula , its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the User's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers officials, employees or volunteers. The User'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. C.Worker's Cog=nsation and Employers Liab@ Coverage. The insurer shall agree to waive all rights of subrogation against the City of Temecula , its officers, officials, employees and volunteers for losses arising from work performed by the User for the City. d.Verification of Coverage. User shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person autho@ by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. V:\WP\CONTRACn RFV 5 User shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. AU coverage for subcontractors shall be subject to all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, officials and employees; or the User shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. e.The User shall post a performance bond in a form subject to the approval of the City Attorney and in the amount of $10,000. 16.INDEMNIMCATION. The User agrees to defend, indemnify and save harmless the City of Temecula , its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of User's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this License, excepting only liability arising out of the sole negligence of the City. 17.ENTIRE LICENSE. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. AU prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. V:KWP\CO Cn REV 6 IN WITNESS OF, the parties hereto have caused this License to be executed the day and year first above written. CITY OF TENECULA By: By Title Karel F. Lindemans, Mayor APPROVED AS TO FORM: Peter'Iborson, City Attorney A=T: June S. Greek, City Clerk rev@ 6/21/92 V:kVMCONTRAC'n REV 7 FJ=IT A TASKS TO BE PERFORMED Temeka Advertising (Temeka) shall perform the following tasks with the understanding that Temeka will market the Idosk program and that Temeka will own the sign structures: 1Ground leases will be obtained ff necessary within ten (10) working days of acceptance of sign locations. 2.AU necessary permits will be obtained for the directional signs. 3.Temeka will meet with City and utility personnel to spot each location to insure no destruction of underground utilities. The directional signs will be manufactured according to the following specifications: 1.Sizes of structures and slats will follow the city of Temecula's ordinance guidelines. 2.All slats shall contain only the name of the subdivision and a directional arrow. Copy shall be upper-case Halvetica Medium. 3.For Safety reasons, arrows will be placed in this sequence: 1.Left, 2. Straight, 3. Right. 4.Temeka will allow for a maximum of two (2) slats per sign for directing traffic to City/Public facilities (i.e., parks, City Hall, libraries, etc.) if needed. 5.Directional signs shall only be placed at locations approved by the City of Temecula. IT A V:@WP\CONTRACnTEMEKA.REV 8 TASKS TO BE PERFORMEED 6.Structures will be provided with standardized cobble landscaping at their base locations where no landscape exists. Existing landscape will be restored to original condition. 7.There shall be no additions, tag signs, streamers, attention-getting devices, or other appurtenances added to the sign as originally approved. Further, no other directional signage may be used such as posters, portable signs, trailer signs or temporary subdivision signs. 8.In the event that it becomes necessary for whatever reason to physically remove or relocate one or more of the directional signs, then upon the request of the City of Temecula, Temeka agrees to promptly move said sign at its sole cost and expense and to then reinstall it at such new location as directed and authorized by the City of Temecula. 9.Temeka will use a contractor with a C-61 contractor's license classification to construct, install and maintain the signs. The contractor shall supply the insurance by provisions of the License. Temeka will market the program as follows: I .Temeka will set up a meeting with all developers located in the City of Temecula to discuss: A)Program B)Locations C) Fees D) Sign-ups Temeka will service the City of Temecula as follows: 1 .Initially, identify all illegal off-site permanent signs located within the City of Temecula limits and report them to the City of Temecula. 2.Each weekend remove all weekend directional signs. We will report each weekend activity by Tuesday a.m. IT B PA SCHEDULE V:NWP\CONTRACN REV 9 Lease schedule for the "Kiosk" Directional Sign Program shall be no more and no less than as follows: Single Face Double-Face $ 62.66 $ 86.53 One time construction fee: $145 single face $185 double face 1.Temeka Advertising shall pay City two percent (2 %) of gross receipts, payable thirty (30) days after the close of each quarter. 2.The City and Temeka Advertising agree to meet annually to review lease price and participation. 3.The above listed fees are based upon a four (4) year contract License representing a 33 % discount to participating developers. V:XWP\CONTRACT\ REV 10 ITEI\4 17 APPROVA CITY ATTORNEY DIR. OF FINANC@ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony Elmo, Chief Building Official DATE: July 9, 1996 SUBJECT- Reconfirmation of Weed Abatement Costs RIECO ATION: That the City Council: I .Adopt a Resolution entitled: RESOLUTION NO. 96_ A RESOLUTION OF THE CITY COUNC]IL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITMN THE CITY OF TEMIECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION. 2.Adopt a Resolution entitled: RESOLUTION NO. 96_ A RESOLUTION OF THE CITY COUNC]IL OF THE CITY OF CULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHN THE CITY OF TEMECLTLA FOR COSTS OF ABA AND REMOVAL OF HAZARDOUS VEGETATION AND ORDERING THE. RECORDATION OF LIENS THEREON. DISCUSSION: During fiscal years '93, '94 and '95, staff caused weed abatement work to be performed on certain vacant parcels of land within the City. V:\Agenda.Rcp%WeedCost.Abt Agenda Report July 9, 1996 Page 2 In each of those years, a hearing was held before the City Council to hear comments from the property owners with respect to the costs proposed to be assessed against the properties and to confirm those costs. Following the public hearing, the Council adopted a resolution for each fiscal year which (1) confirmed the costs incurred by the City in performing the weed abatement work, (2) provided that the costs would become a lien upon the properties upon recordation in the amount of the costs, and (3) provided that the resolution was to be transmitted to the Treasurer-Tax Collector so that the amounts of the assessment would be entered upon the parcels as they appears on the assessment rofls and the costs would be collected on the property tax bill. The resolutions were transmitted to the Treasurer-Tax Collector of the County of Riverside and to the Recorder for recordation. In late 1995, Staff discovered that the treasurer-Tax Collector had not entered the assessments for the parcels on the respective assessment rous for these fiscal years. The County informed Staff that the assessments had not been entered because certain information had not been submitted with the Resolutions to facilitate entry on the assessment rous for these fiscal years. While the Resolutions contained all the information required by statute for valid assessment, the County wanted certain references to its accounting system, certain references requested by the County on the assessor's parcel Numbers, and the parcel identification and cost information transmitted by a particular type of disk. Prior to this time, the Resolutions for the fiscal years had not returned to staff with notice that they were incomplete. The first Resolution before the Council corrects these technical problems with respect to the collection of weed abatement costs on the tax rous. This Resolution recites the fact that hearings have already been held on the cost of weed abatement, "Reconfirms" such costs, and orders the resolution submitted to the Treasurer-Tax Collector of the County for placement on the cur-rent assessment roU. The exhibit attached to this resolution identifies only those parcels for which weed abatement costs are currently delinquent and which are not on the assessment roU. Additionally, the exhibit includes all of the technical, identifying information which the County has now requested and which prevented the costs from being placed on the assessment roU in previous fiscal years. Such information is not required by the statute and is being included as a courtesy to the County to facilitate the timely processing of the assessments. The second Resolution provides for the recordation of the assessment hen on a few parcels for which the lien had not been recorded. This Resolution recites the fact that hearings have already been held on the costs of weed abatement, "reconfirms" such as costs, and orders the City Clerk to record the Resolution, which shall constitute a lien on the properties. The exhibit to this Resolution includes only those parcels for which weed abatement costs are currently delinquent. V:@mda.Rcp\W@@Abt Agenda Report July 9, 1996 Page 3 The legal process of recovering weed abatement costs is a very difficult one given the detailed statutory procedures and the fact that the natural growth and removal cycle of the weeds does not neatly fit the statutory schedule for confirming weed abatement costs and placing the assessment on the tax rous. Staff has developed a number of revisions to the City's weed abatement procedures for this fiscal year, however, which should streamline the process and provide for the immediate security of the City's costs and a quicker recovery of the costs through the assessment process. FTSCAL E%VACT: The recording of these assessments will enable the City to recover abatement costs through property tax collection. V:\Agenda.Rep\WeedCooLAbt RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LKND WITHIN THE CITY OF TEMEECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION WHEREAS, following a public hearing held on April 23, 1991, this City Council of the City of Temecula adopted Ordinance No. 91-18 which became effective on June 28, 1991 and which provides for expedited -abatement of hazardous vegetation from vacant lots and parcels, and; @REAS, said abatement of hazardous vegetation has been completed on each of the parcels as described in the attached list of parcels (Exhibit "Al,), at a cost equal to the costs of abatement and removal of hn7nrdous vegetation on each such parcel; and VVHEREAS, public hearings were held concerning the costs of abatement of these parcels and the Council heard all objections of property owners liable to be assessed for the costs of abatement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. All of the recitals herein set forth are true and corr@ and the City Council so finds and determines. Section 2. Tne list of parcels and costs of abatement and removal of h:i7,qrdous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien on said land in the amount of the respective assessments., Section 3. A copy of this Resolution shall be transmitted to the Treasurer-Tax Collector who shall enter the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll, and shall collect said assessments at the same time in the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the Government Code. PASSED, APPROVED AND ADOPTED by the C ity Council of the City of Temecula this day of 1996. KAREL L@EMANS MAYOR AT=T: June S. Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the day of 1996, by the following roll call vote. AYES:COUNCILMF-MBERS: NOF-S:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, City Clerk 2 - FUND RESOLUTION NO. EXHIBIT'A' CITY OF TEMECULA ABATEMENT CHARGES, FISCAL YEAR 1996/97 ABATEMENT APN CHARGE PRIMARY OWNER 909-281-010 548.88 DEVELOPERS VENTURE CAPITAL CORP 909-282-010 301.00 MARUBENI AMERICA CORP 909-282-011 301.00 MARUBENI AMERICA CORP 909-310-001 331.00 BA PROP INC 909-310-002 538.00 BA PROP INC 909-310-003 548.88 BA PROP INC 909-310-006 538.88 BA PROP INC 909-310-007 538.88 BA PROP INC 909-310-008 538.88 BA PROP INC 909-310-010 538.88 BA PROP INC 909-310-013 538.88 BA PROP INC 909-310-014 538.88 BA PROP INC 909-310-015 548.88 BA PROP INC 909-310-016 548.88 BA PROP INC 909-310-017 548.88 BA PROP INC 909-310-018 548.88 BA PROP INC 909-310-019 548.88 BA PROP INC 909-310-020 548.88 BA PROP INC 909-310-021 548.88 BA PROP INC 909-310-029 247.88 BA PROP INC 909-310-030 237.88 BA PROP INC 909-310-031 237.88 BA PROP INC 909-310-032 247.88 BA PROP INC 909-310-050 301.00 BA PROP INC 909-310-051 301.00 BA PROP INC 909-310-052 301.00 BA PROP INC 909-310-057 301.00 BA PROP INC 909-310-058 301.00 BA PROP INC 909-310-060 336.00 JOHNSON JOHNSON BUSINESS CENTER ASSN 909-320-001 548.88 BA PROP INC 909-320-002 548.88 BA PROP INC 909-320-039 538.88 BA PROP INC 909-320-040 538.88 BA PROP INC 911-492-022 772.96 MANCHESTER, ALBERT JOHN 911-493-003 318.98 BUCHER, STEPHEN C 911-493-019 318.98 MANCHESTER, ALBERT JOHN 919-043-003 749.38 LEE, SHIO CHAO 919-051-004 296.00 FINNELL, HELEN R 919-082-013 450.00 DJBINC 919-100-009 235.88 DELONAIS, AVIS 1 919-122-001 573.38 SOUKAR, MOSTAFA 919-152-005 573.38 WILLIAMS, BEVERLY G 919-210-003 277.38 HERNANDEZ, RENE C 919-210-006 513.26 SCHRIEVER, MARY E 919-210-008 287.78 KITAGAWA, MISAO Page 1 ABT96LST.XLS RESOLUTION NO. EXHIBIT'A' CITY OF TEMECULA ABATEMENT CHARGES, FISCAL YEAR 1996/97 ABATEMENT APN CHARGE PRIMARY OWNER 919-251-002 318.00 DJBINC 919-262-001 235.88 LIVIE, JAMES H 919-292-004 606.38 ROMERO, PETER 919-292-010 513.26 DEGUZMAN,MANUELR 919-292-013 384.00 GARRISON, RONALD E 919-360-039 1,232.00 MTRM CO 919-430-012 721.36 MCGILL, JUDITH 919-440-001 580.86 MARTIN, GEORGE F 919-440-002 340.00 OLIVER, MICHAEL R 919-440-006 235.88 ASHBY, JAMISON J 919-440-007 235.88 DECARL, DAVID 921-040-031 301.00 JETER,RUSS 921-090-024 335.88 RANCHO CALIFORNIA DAIRY ASSOC NO 2 921-090-038 589.32 IMOCAL INC 921-090-039 435.88 RANCHO CALIFORNIA DAIRY ASSOC NO 2 921-111-002 875.26 SOUKAR, MOSTAFA 921-130-007 573.38 GAEDE, MARY LOU 921-211-001 705.38 FIACCO, CHARLES J 921-223-005 235.88 HILL, WILLIAM 921-300-013 942.86 SELBY DEV CORP 921-330-009 1,079.26 HAMRY, BERNARD J 921-330-010 556.00 HAMRY, BERNARD J 921-330-024 381.00 CHANG, IK HOON 921-370-004 797.36 TAYLOR,LEAH 922-034-022 35.00 WEAVER, SHEILA 922-034-029 35.00 DOOL, EDWARD L 922-042-004 567.00 WEAVER, SHEILA 922-042-005 277.38 WEAVER, SHEILA 922-053-013 1,108.24 HENNING, KARL S 922-054-011 568.38 HENNING, KARL S 922-062-003 291.00 SHOFFEIT, RON 922-062-017 277.38 PUJOLJOINTVENTURE 922-100-006 916.88 CHANG,ROGER 922-100-021 235.88 IMAKURA,MASANOBU 922-120-017 659.12 TEMECULA DEV PARTNERS 1 LTD 922-120-018 303.50 TEMECULA DEV PARTNERS 1 LTD 922-120-019 353.50 TEMECULA DEV PARTNERS 1 LTD 922-130-015 376.00 SAKALA, MARYANN 922-160-014 334.58 GMAC MORTGAGE CORP OF PA 922-160-015 1,108.24 GARCIA, JESUS V 922-160-018 391.00 EURICH, DAVID L 922-170-009 341.00 YI, HYO JIN 922-190-013 772.36 LYONS, THOMAS F 922-210-042 334.58 TOMONDPROP 940-310-010 291.00 NASEHI, ABDI Page 2 ABT96LST.XLS RESOLUTION NO. EXHIBIT'A' CITY OF TEMECULA ABATEMENT CHARGES, FISCAL YEAR 1996/97 ABATEMENT APN CHARGE PRIMARY OWNER 940-320-002 1,116.00 FIRESTONE, JOHN F 940-320-003 416.00 FIRESTONE, JOHN F 940-320-004 456.00 FIRESTONE, JOHN F 940-320-005 456.00 FIRESTONE, JOHN F 944-100-012 428.00 BEHNAWA, ABDUL S 944-290-012 884.16 ARTHOFER, DANNY M 944-290-013 277.38 ARTHOFER, DANNY M 944-290-015 1,049.14 NORRIS, DON B 944-290-016 1,028.34 NORRIS, DON B 944-290-017 1,364.18 NORRIS, DON B 944-331-007 381.36 BOHLMANN, EUGENE L 945-030-002 286.00 BUCARO, VITO 945-040-023 454.00 SLUSSER, DENNIS C 945-060-006 504.00 SUSSMAN, SAMUEL 945-060-020 385.88 LANNI, J MICHAEL 945-080-006 329.38 RANCHO CANYON PARTNERS 945-080-009 734.90 BACHELOR, WILLIAM LLOYD 945-080-010 757.36 PEARSON, DAVID 945-080-011 376.00 NAVARRO, RALPH 945-080-017 416.00 ROGERS, LARRY K 945-090-001 376.00 NARON PACIFIC INC 945-090-004 456.00 LIN, RICHARD 945-090-005 456.00 LIN, RICHARD 945-110-001 376.00 TRIET VAN PHAM MD DBPP 945-110-013 402.00 RIOS, JORGE F 945-120-001 120.00 SIMS ARTHUR J TRUST 945-120-002 376.00 SIMS ARTHUR J TRUST 945-120-003 376.00 KAPETANOPOULOS, OLGA 945-120-004 656.00 SIMS ARTHUR J TRUST 945-130-010 456.00 MATHIEU, NORMAND J 945-140-006 456.00 MACHINE CRAFT OF SAN DIEGO INC 945-140-007 456.00 MACHINE CRAFT OF SAN DIEGO INC 945-140-010 951.26 VIERRA, LEONARD J 945-150-008 376.00 SECURITY TRUST CO 945-150-010 757.36 JOHNSON, WILLIAM P 945-150-015 334.58 PAYNE, GARY BARTON 945-160-001 277.38 SECURITY TRUST CO 945-160-005 426.00 ALLEN, DEAN K 945-160-006 855.72 GURALNICK, WAYNE S 945-160-015 731.38 ALLEN, DEAN K 945-170-016 381.36 HUBER,DAN 945-170-017 381.36 KINNEY, MICHALL LEE 945-180-005 656.00 REEDER, JOHN L 945-180-013 335.08 ORELLANA, TIM 950-030-004 757.36 LESSEL, JERRY Page 3 ABT96LST.XLS RESOLUTION NO. EXHIBIT'A' CITY OF TEMECULA ABATEMENT CHARGES, FISCAL YEAR 1996/97 ABATEMENT APN CHARGE PRIMARY OWNER 950-030-007 381.36 MCMEEKIN, THOMAS M 950-030-027 381.36 WITHERS, ROBERT H 950-030-028 381.36 WITHERS, ROBERT H 950-040-002 376.00 SECURITY TRUST CO 950-040-006 376.00 SECURITY TRUST CO 950-040-007 336.00 CLARK, CHESTER L 950-040-011 376.00 BLAIR, LEALAND M 950-040-013 711.88 KINNEY, MICHAEL LEE 950-040-015 1,087.88 KIESEL, PAUL GLEN 950-050-015 336.00 ARMSTRONG, RONALD E 950-070-006 335.88 DEPORTOLA RETAIL GENERAL PARTNERSHIP 950-100-001 1,653.30 LOS RANCHITOS ESTATES 950-100-012 751.88 LOS RANCHITOS ESTATES 950-100-013 836.88 LOS RANCHITOS ESTATES 950-100-015 711.88 LOS RANCHITOS ESTATES 953-050-003 796.00 BRAMALEA CALIF INC 953-050-012 508.00 BRAMALEA CALIF INC 953-050-018 806.00 BRAMALEA CALIF INC 953-060-023 2,126.00 BRAMALEA CALIF INC 953-311-008 318.00 BRAMALEA CALIF INC 953-311-009 318.00 BRAMALEA CALIF INC 953-311-010 318.00 BRAMALEA CALIF INC 953-311-011 318.00 BRAMALEA CALIF INC 953-311-012 318.00 BRAMALEA CALIF INC 953-311-013 318.00 BRAMALEA CALIF INC 953-311-014 318.00 BRAMALEA CALIF INC 953-311-015 318.00 BRAMALEA CALIF INC 953-311-016 318.00 BRAMALEA CALIF INC 953-311-017 318.00 BRAMALEA CALIF INC 953-311-018 318.00 BRAMALEA CALIF INC 953-311-019 318.00 BRAMALEA CALIF INC 953-311-020 318.00 BRAMALEA CALIF INC 953-311-021 318.00 BRAMALEA CALIF INC 953-311-022 318.00 BRAMALEA CALIF INC 953-311-023 318.00 BRAMALEA CALIF INC 953-311-024 318.00 BRAMALEA CALIF INC 953-311-025 318.00 BRAMALEA CALIF INC 953-311-026 428.00 BRAMALEA CALIF INC 953-311-027 428.00 BRAMALEA CALIF INC 953-311-028 428.00 BRAMALEA CALIF INC 953-311-029 318.00 BRAMALEA CALIF INC 953-311-030 318.00 BRAMALEA CALIF INC 953-311-031 318.00 BRAMALEA CALIF INC 953-312-001 318.00 BRAMALEA CALIF INC 953-312-002 318.00 BRAMALEA CALIF INC Page 4 ABT96LST.XLS RESOLUTION NO. EXHIBIT'A' CITY OF TEMECULA ABATEMENT CHARGES, FISCAL YEAR 1996/97 ABATEMENT APN CHARGE PRIMARY OWNER 953-321-002 318.00 BRAMALEA CALIF INC 953-321-003 450.00 BRAMALEA CALIF INC 953-321-004 450.00 BRAMALEA CALIF INC 953-321-009 450.00 BRAMALEA CALIF INC 953-321-010 450.00 BRAMALEA CALIF INC 953-321-011 450.00 BRAMALEA CALIF INC 953-321-012 318.00 BRAMALEA CALIF INC 953-322-002 318.00 BRAMALEA CALIF INC 953-322-003 318.00 BRAMALEA CALIF INC 953-322-004 318.00 BRAMALEA CALIF INC 953-322-005 318.00 BRAMALEA CALIF INC 953-322-006 318.00 BRAMALEA CALIF INC 953-322-011 318.00 BCI CCL VENTURE NO 1 953-323-016 106.00 BCI CCL VENTURE NO 1 953-323-017 106.00 BCI CCL VENTURE NO 1 953-323-018 106.00 BCI CCL VENTURE NO 1 953-323-019 106.00 BCI CCL VENTURE NO 1 954-161-032 289-00 CHILCOTT, JACK 955-050-017 891.88 ABUZIR, ADEL K 957-090-009 376.00 NEWSTROM, HAROLD C 957-120-005 2,087.18 MULHOLLAND LAND CO 957-130-011 613.26 GROPP, THOMAS L 957-130-016 235.00 CNL INV LP 957-130-017 335.88 CNL INV LP 957-170-020 849.36 MOORE JOHN D ESTATE OF 957-170-023 485.34 LEE, JOHN K 957-170-026 1,235.24 VANDERWAL, ANDREA H 957-340-006 456.00 DURAN,ANDRES 957-340-007 456.00 RORIPAUGH, JACK TOTAL $102,467.30 Page ABT96LST.XLS Recording Requested By, And When Recorded Mail To: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn:City Clerk (space above for Recorder I s use) This document is recorded for the benefit of the City of Temecula, public agency, and is fee-exempt under Section 6103 of the California Government Code. RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY OF TEMEECULA FOR COSTS OF ABATEMEENT AND REMOVAL OF OUS VEGETATION AND ORDERING THE RECORDATION OF LIENS THEREON WHEREAS, following a public hearing held on April 23, 1991, this City Council of the City of Temecula adopted Ordinance No. 91-18 which became effective on June 28, 1991 and which provides for expedited abatement of hq7,qrdous vegetation from vacant lots and parcels,- and; WHERE4,S, said abatement of hq7nrdous vegetation has been completed on each of the parcels as described in the attached list of parcels (Exhibit "Al,), at a cost equal to the costs of abatement and removal of h:;7,qrdous vegetation on each such parcel; and @REAS, public hearings were held concerning the costs of abatement of these parcels and the Council heard all objections of property owners liable to be assessed for the costs of abatement, but the liens thereon were not recorded at the time of the public hearings; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. All of the recitals herein set forth are true and correct, and the City Council so finds and determines. section 2. The list of parcels and costs of abatement and removal of hazardous vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments against the respective parcels of land, and are a lien on said land in the amount of the respective assessments. Section 3. Such liens shall attach upon recordation in the Office of the County Recorder of the County of Riverside of a certified copy of this Resolution, and the City Clerk is hereby directed to make such recordation. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this day of 1996. KAREL LINDEMANS @YOR A T: June S. Greek, CMC City Clerk [SEAL] 2 - STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA ) 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution. No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the day of 1996, by the following roll call vote. AYES:COUNCILMEMBERS: NOF-S:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Gree@ City Clerk 3 - RESOLUT'ION NO. EXIMIT"B" CITY OF TEM:ECUILA A]BATEMEENT CHARGES, 1994 A-PN A.BATEAMNT OWNER CELARGE 911493003 318.99 BUCBER, STEPHEN C 911493019 318.99 MANCHESTER, ALBERT JOHN 919210008 287.79 KITAGAWA, NUSAO 922120017 343.13 TEMECULA DEV PARTNERS I LTD 922160015 381.37 GARCM JESUS V 944290012 428.16 ARTHOFER, DANNY M. 944290013 277.39 ARTHOFER, DANNY M. 944290017 542.54 NORRIS, DON B. 945150010 381.37 JOHNSON, WILLIAM P. TEMECULA COMNAUNITY SERVICES DISTRICT ITEI\4 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD JUNE 11, 1996 A regular meeting of the Temecula Community Services District was called to order at 8:12 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Ron Roberts presiding. ROLL CALL PRESENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts ABSENT: 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, Assistant City Attorney Mike Estrada and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Birdsall, seconded by Director Stone to approve Consent Calendar Item No. 1. 1 Minutes 1.1Approve the minutes of May 14, 1996. The motionwas unanimously carried with Director Lindemans abstaining. DISTRICTBUSINESS 2Review and Approval of the FY 1996-97 Annual Operating Budget Finance Director Genie Roberts presented the staff report. Community Services Director Shawn Nelson discussed operational issues included in the budget document. r:\minutes.csd\061196 it was moved by Director Stone, seconded by Director Lindemans to approve staff recommendation as follows: 2.1Adopt a resolution entitled: RESOLUTION NO. CSD 96-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 1996-97 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS The motion was unanimously carried. PUBLIC HEARINGS 3TCSD Proposed Rates ;;nri Charges for Fiscal Year 1996-1997 President Roberts opened the public hearing at 8:20 PM. President Roberts asked Board Secretary June Greek, if she had the affidavits relative to this hearing. Board Secretary June Greek answered she had the affidavits of publication and the affidavits of mailing. It was moved by Director Stone, seconded by Director Ford to receive and file the affidavits of publication and mailing. The motion was unanimously carried. Director of Community Services Shawn Nelson presented the staff report. Director Stone stated he will abstain on Service Level R. Board Secretary June Greek reported she received one letter of protest, one letter of support and one request for a corrected appropriation. She stated that each member of the Board of Directors has a copy of each letter. President Roberts asked if any requests to speak were filed. Board Secretary June Greek responded that she had no requests to speak. It was moved by Director Birdsall, seconded by Director Ford to close the public hearing at 8:30 PM. The motion was unanimously carried. It was moved by Director Birdsall, seconded by Director Lindemans to deny any protests. The motion was unanimously carried. r:\minutes.osd\061196 -2- It was moved by Director Lindemans, seconded by Director Ford to approve staff recommendation, with Director Stone abstaining on Service Level R only. 3.1Adopt a resolution entitled: RESOLUTION NO. CSD 96-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR COMMUNITY SERVICES, PARKS AND RECREATION, STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION SERVICES AND STREET AND ROAD IMPROVEMENTS FOR FISCAL YEAR 1996-97 The motion carried as follows: AYES: 5 BOARD OF DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts NOES: 0 BOARD OF DIRECTORS: None ABSENT: 0 BOARD OF DIRECTORS: None ABSTAIN: 1 BOARD OF DIRECTORS: Stone (Service Level R Only) GENERAL MANAGER'S REPORI None given. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Shawn Nelson reported that a Ribbon Cutting Ceremony for the Temecula Duck Pond will be held June 20, 1996 at 9:00 AM and the Ribbon Cutting Ceremony for Rotary Park will be held June 20, 1996 at 10:00 AM. He also announced the dedication for the Roller Hockey Arena and Skate Board Park will be held Thursday, June 27, 1996, at 10:00 AM. He said that rules and regulations for the park and information regarding required safety gear can be obtained by calling Temecula City Hall, Community Services Department at 694-6480. BOARD OF DIRECTORS REPORTS None given. r:\mi nutes.csd\061 1 9 6 -3- ADJOURNMENT it was moved by Director Stone, seconded by Director Ford to adjourn at 8:35 P.M. to a meeting on June 25, 1996, 7:00 P.M., Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Ron Roberts, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd\061196 -4- ITEI\4 2 APPROV CITY ATTORNEY DIRECTOR OF FINANty7@@ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:Board of Directors FROM:Ronald E. Bradley, General Manager DATE:July 9, 1 996 SUBJECT:Reduction of Landscape Bond for Slope Improvements - Tract No. 2291 6-3 (Located within Vintage Hills at the northwest corner of Butterfield Stage Road and Pauba Road) PREPARED BY: @eryl Yasinosky, Development Services Analyst RECOMMENDATION:That the Board of Directors: 1 .Authorize the reduction of the Erosion Control, Landscape and Irrigation Faithful Performance Bond to a 10% warranty amount of $15,850 - Tract No. 22916-3, Costain Homes, Inc. 2.Direct the Secretary/City Clerk to notify the Developer and the Surety. BACKGROUND: Landscape and Erosion Control Bonds for the above referenced development were originally posted with the County of Riverside Building and Safety Department by TayCo (Joint Venture of Taylor Woodrow Homes and Costain Homes, Inc.) However, on December 31, 1 993, Costain Homes, Inc. withdrew its general partnership with TayCo and provided the City with a replacement bond issued by the American Motorists Insurance Company for the construction of all landscaping and slope improvements within Tract No. 2291 6-3, as follows: Faithful Performance Bond No. 3SM 802 565 00 in the amount of $1 58,500. On June 25, 1 996,the Board of Directors accepted the perimeter slope areas along Butterfield Stage Road and Pauba Road into the TCSD landscape maintenance program beginning FY 1 996-97. The slopes have been constructed per the approved plans and inspected and approved by the TCSD Maintenance Superintendent. In addition, the Planning Department has determined that the developer has substantially completed all interior HOA and private landscaping requirements. Therefore, staff is recommending that the landscape bond for Tract No. 2291 6-3 be reduced to a 1 0% warranty amount, or $1 5,850. This amount shall be retained for a period of one year and until any claims filed during the warranty period have been settled. r: \yas inobk\22 91 6-3. bd r 070996 No fiscal impact is anticipated from the reduction of the FISCAL IMPACT: Landscaping Faithful Performance Bond. ATTACHMENTS: 1 . Copy of Bond. 2.Clearance from Planning Department. r:\yasinobk\22916-3.bdT 070996 CITY OF TEMECULA EROSION CONTROL, LANDSC:APF- AND IRRIGATION FAITHFUL PERFORMNCE i3OND 3SM 802 563 00 S2,378.00/2 YRS WHEREAS. the City of Temecula. State of California, and -Costain Homes, Inc. (hereinafter design@ as "Principi3i") have entered Into an agreement whereby Principal agrees to instal I and complete certain designated public improvements, which said agreement, dated 119 and Identified as Project Erosion Control, Landscape & Is hereby referred to and Irri2ation Tract No. 2 16-3 maciii a part hereof; any WHEREAS, Principal is required under the terms of the agreement to furnish a bond for the Faithful Performance of the agreement; American Motorists NOW, THEREFORF-. we the Principal and insurance ComT)anv as surety, are held and firmly bound unto the City of Temecula, California.inthepenalsumaf$ 158,500.00 , lawful money of the One hundred fifty eight thousand five hundred and no/100 United States. for the payment of such sum well and truiy to be made, we bind ourselves, our heirs, su rs, executors and administrators, jointly and severely The condition of this Obligation iz such that the obligation shall become null and void if the above-bouncied Principal, his or its heirs, executors, administrators, !su-,,-ssors. or assigns, shall in all things stand to, abide by, well and truly keep, and per-form the covenants, conditions. and provisions in the agr nt and any alteration thereof made as therein provided, on his or their part. to be FOPMS\ENC7 Costain Homes, Inc. SURE Am:,i ts Insurance PRI, PAL Company By: By: Kivton Keller, Attornev In Factju /7ie Newcomb Hill President and chief Executive Officer By: Brent C. Anderson (Nwne) ALL-PURPOSE ACKNOWLEDGMEN 14C 2N State of CALIFORNIA CAPACITY CLAIMED BY SIGNER C unty of LOS ANGELES [I INDIVIDUAL(S) 0 CORPORATE On before me, ERLY A. BADARACCO, A NOTARY PNLIC OFFICER(S) DATE NAME, TrrLE OF OFFICER - E.G., 'JANE E)OF- NOTARY PUSLIC- TITLE(S) [3 PARTNER(S) pa. sonally appeared KIPTON KELLER ATTORNE','-IN-FACT NAME(S) OF SIGNER(S) .'j Xg@ personally known to me - OR - Fl proved to me o TRUSTEE(S) n the basis of satisfactory evidence to be the person(s) whose name(s) is/are [:I SUBSCRIBING WITNESS subscribed to the within instrument and ac GUARDIAN/CONSERVATOR [3 OTHER: knowledged to me that he/she/they exert)ted the same in his/her/their authorized EAADARAC c)capacity(ies), and that by his/her/their Cli'll.11.1. @'S@IEC38 0 NC-r;.@.Y ;@ORNIA CD signature(s) on the instrument the person(s), --LZ:; COU'@ orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING: my comm. cxp. I-'a,; NAME OF PERSON(S) OR ENTITY(IES) 6' 1996 acted, executed the instrument. CAN MOTORISTS INSURANCE COMPANY SIGNATURE OF NOTARY ATTENTION NOTARY: Althougn the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document BOND MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above xxxxxxx xxx 0 1991 NATIONAL NOTARY ASSCCIATION - 8236 Rommel Ate. - P.O. Box 7184 - Canoga Park. CA 91304-7184 FOAMS\E@ SURE s Insurance PRI. ',PAL Costain Homes, Inc. Company By: By: KiDton Keller, Attornev In Fact Ju ize Newcomb Hill (Neme) lname) President and Chief Executive Officer (Titte) By.- Brent C. Anderson (Name) Vice President/Chief Financial Officer (Title) APPROVED AS TO FORM: SCOTT-F. FIELD City Attorney FORMS\ENG7 AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORN-EY Know All Men By These Presents: That the Amri@ Motorists Insurance Company, a corporation organized wW existing r the laws of the State of Illinois, wW having its principal office in Long Grove, Illinois, does hereby appoint Kipton Keller of Los Angeles, California its true and lawful agent(s) and attorney(s)-in-fact, 'to @s, execute, seal, and deliver during 'the period beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked for and on its behalf as surety, wW as its @ wW ckmd: Any and all bonds and undertakings @rovided the amount of no one bond or undertaka'miz excee s TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2-500,000.00)*****.,.****.,..,...t* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the @ obligation to be split into two or Pore bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by @ American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had boon duly ex @ ted and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by @ Executive Committee of the B )f Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with @ Secretary, or the Secretary shall have @ power and authority to appoint agents wW attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, rec@izances, contracts of indemnity wW other writings, obligatory in the nature thereof, and any such officers of @ Company may appoint agents for acceptance of process.' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 198a: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, anc certifications by the Secretary, my be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to bi valid and binding upon the Company.' In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPAN F.C.McCullough, Secretary by i-S.Kampe'r,lll,Sonior Vice don (OVER) keptandp@c edatthetimeandinthemanner' rainspecified.and in all resp@ according to his or their true intent and maning, and shall indemnify and save harmless the City of Temecula, Its officers, agents, and employees, as therein stipulated: otherwise. this obligation shall be and remain in full force and affect. As a part of the obligation secured hereby and in addition w the face amunt specif led therefor, there shall be included costs and reasonable expenses and fees. including reasonable attarney's fees, incurred by C;ity In successfully enforcing such obligation. all to be taxed as costs and included in any Judgment run- dered. The surety hereby Wpulates and agrees that no change, extension of time, alte@on or addition to @ tems of the agreement or to the work to be p@ormad thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and It does hereby waive notice of any such change. extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this Instrument has been duly executed by the Principal and Surety above named, on 'Aav 94. (Seal) I Seel) FORKS\ENG7 ORANDUM TO:Beryl Yasinosky FROM:Linda Beaudoin, Corn. Dev. Tech. DATE:6/24/96 S'UBJECT: Bond Release 'IR 29916-3 The above mentioned Tract 22916-3 is over 90% complete. You can release 90% of the Landscape Bond. Thanks L@ind-a. Beaudoin R:\FORNIS\NIEN[O 6/24/96 klb ITEI\4 3 AP CITY ATTORNE' DIRECTOR OF F CITY MANAGEF CITY OF TEMECULA AGENDA REPORT TO:Board of Directors FROM:Ronald E. Bradley, General Manager DATE:July 9, 1 996 SUBJECT:Release of Landscape Bond - Tract 231 25-1 (Butterfield Stage Road and De Portola Road) PREPARED BY:OiL-Beryl Yasinosky, Development Services Analyst Vo RECOMMENDATION:That the Board of Directors: 1Authorize the release of the Parkland\Landscape Faithful Performance Bond for Tract No. 231 25-1 - Kaufman & Broad of San Diego, Inc. 2.Direct the Secretary/City Clerk to notify the Developer and the Surety. BACKGROUND:On November 1 5, 1 994, the Board of Directors entered into a Parkland/Landscape Agreement with: Kaufman & Broad of San Diego, Inc. 1 2626 High Bluff Drive, Suite 400 San Diego, CA 92130 for the improvement of perimeter slope and landscape areas within Tract No. 23125-1. Accompanying the parkland agreement were surety bonds issued by American Casualty Company of Reading, Pennsylvania and the American Insurance Company, as follows: 1 .AMCAS Faithful Performance Bond No. 1 376499021 in the amount of $95,000. AIC Faithful Performance Bond No. 1 1 1 331 52287 in the amount of $95,000. 2.AMCAS Labor and Materials Bond No. 1376499021 in the amount of $47,500. AIC Faithful Performance Bond No. 1 1 1 331 52287in the amount of $47,500. 3.AMCAS Warranty Bond No. 1376499021 in the amount of $9,500. AIC Warranty Bond No. 1 1 1 331 52287 in the amount of $9,500. On June 25, 1 996, the Board of Directors approved the request of the Community Services District to accept this slope area into the TCSD landscape mainteance program beginning Fiscal Year 1996-97. Therefore, staff is recommending a total exoneration of the Faithful Performance Bonds for these improvements. r:\ya.smobk\23125-l.bdr 070996 The Warranty Bond, in the amount of ten percent of the Faithful Performance Bond, shall be retained for a period of one year and until any claims filed during the warranty period have been settled. Pursuant to the Parkland/Landscape Agreement, the Labor and Materials Bond shall be retained for an additional six months to allow for the settlement of all claims and obligations concerning those persons furnishing labor and materials for this project. FISCAL IMPACT: No fiscal impact is anticipated from the release of the Parkland/Landscape Faithful Performance Bond. ATTACHMENTS: Copy of Faithful Performance Bonds. r: \yasinobk\23125- 1. bdr 070996 BOND NO. 137649021 - AMCAS BOND NO. 11133152287 - AIC PREMIUM: $1,093.00 CITY OF CULA PARKLAND/LANDSCA-PF, FAI P@O CE BOND S, the City of Temecula, State of CaiiforTu'a, and KAUFK-KN' AND BROAD OF- SAN DIEGO, INC. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to ins@ and complete certain parkland Improvements, which said Agreement, dated19 and identified as Proiect STERLING RANCH TRACT 23125-1is hereby refer-red to and made a part hereof; and S, Principal is required under the terms of the A-re--ment to fu@h a bond for the Fa-ithfulPerformance of the A-reement; AMERICAN CASUALTY COMPANY OF READING, PE@,SYLVANIA AND THE NOW, ORF-, we the Principai and AMERICAN INSURANCE Cgs sur@, are held and firmly bound unto the City of Temecula, California, in the penal sum of S 190, 000, 00 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. Tne condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, sha-U in all thin-s staiad to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the mqnner therein Alfred, a-nd in all respects according to his or their true intent and m@g, and shall indemnify and save h@ess the City of Temecula, its officers, a-ents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a pait of the obligation secured hereby and in addition to the face a-mount specifiec, therefor, there shali be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcin- such obligation, a.U to be taxed as costs and included in any judgement rendered. Tle surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such chan-e, extension of time, alteration or addition to the terms of the Acre-ement or the work or to the specifications. 2 IN WI S OF, this instrument has been duly executed by the P@c'pal and Surety above named, on nrtnppp 11 2 19@4 (S ea-L) (S eal) AMERICAN CASUALTY COMPANY KAU @ AND BROAD SI=TY : OF READING, PENNSYLVANIA P@CIPAL- OF SAN' DIEGO, INC. LIABILITY LIMIT: $95,000.00 By: JEAN L. WILLCOX (Na.me) ATTngNFY-TN-FACT (Title) SURETY:THE AMERICAN INSURANCE COMPANY - - '011. @ I II NO 20@ CALIFORNIA State of CAPACITY CLAIMED B@ County of SAN DIEGO 0 INDIVIDUAL(S) @CORPORATE Vice t 1 0 / 1 4 / 9 4 before me, PAMELA J. ARAGON OFFICER(S) Presiaent DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' TITLE(S) "I [] PARTNER(S) personally appeared JOHN W. FULBRIGHT and WILLIAM R. CARDON ATTORNEY-IN-FACT NAME(S) OF SIGNER(S) TRUSTEE(S) @personally known to me - OR - E3 proved to me on the basis of satisfactory evidence El SUBSCRIBING WITNESS to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- GUARDIAN/CONSERVATOR knowledged to me that he/she/they executed Fl OTHER: the same in his/her/their authorized PAMC-LA J. capacity(ies), and that by his/her/their com.m. 4 signature(s) on the instrument the person(s), Of@ PI -bflc SAN DIECO orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING: comm. e=kre _2cted, executed the instrument. NAME OF PEFISON(S) OR ENT@(IES) SIGNATU '@NTION NOTARY: Although the information requested t>elow is OPTIONAL, it c.@prevent traud@utent attachment of this certificate to unauthorized document. ;ERTIFICATE Title or Type of Document Mu@T BE ATTACHED Number of Pages 'TO THE DOCUMENT Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Z) 1991 NATION A@e. - P 0. Bo. 7184 - Canoga Parx, CA gl@-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 - - - - - - - - - - CALIFORNIA of LOS ANGELES On 10/11/94 before me, BETTY WALKER, NOT-@Y PUBLIC DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE. NOTARY PUBLIC' personally appeared JEAN L. WILLCOX NAME(S) OF SIGNER(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(sr) whose name(s) is/ake subscribed to the within instrument and ac- knowledged to me that:be/she/@ executed the same in @/her/@ authorized capacity@), and that by @/her/t@ signature(.t) on the instrument the person(@, or the entity upon behalf of which the person(@ acted, executed the instrument. ......................... my hand and official seal. ..... BETTY WALKER G R COMM. #1003839 s NOTARY PUBLIC - CALIFOR 2 ?IIA S LOS ANGELES COUNTY 2 SIGNATURE OF NOTARY @,iY CoiTim. Expires @.eot. 20, 1997 : .... OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT F7 INDIVIDUAL F7 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 71 PARTNER(S) F7 LIMITED F7 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SURANCE COM1:'ANY SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7la4 - Canoga Park, CA 91309-7184 "Wm or KY THE AMERICAN INSURANCE COMPANY KNORW AL.L MEN BY T14ESE PRES@: That THE AMERICAN L@UR.ANCE COMPANY. a ttm I @ l@ on Fc"Lq 20. 1 9". and red@ikated to the Swc of?4cbr&tkiL on June 1. 19W. and hayins its @p4f ofrwe in the @y of Swc of '@kk hju ma@ conttituted &M ikp@rted, and does by @ pr@u nuke. coradtutc aod appoint ------ J@ L. WILLCOX ------ tu @ aM lawful At@syln-F@. with run power and authority hereby coofcrred In Its @. p@ and g@. to cx@tc, @, ac@@ mW d4ver any am an rwn or @ written obui@ In the nature @00( - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - aM tob[M @ Co@tlon thacby Ls funy and to czent as If *cm @ed by N@d@. @ with @ corporate " of @ and duly sitested by lu S=@, bacby ratif@ &M c-on@ing &M tW the uM Attomrf(s@Fs" may do La the pc TWs of atiorncy is @ted purvuint to @c VII, @oas 45 and 46 of By-laws ofTHE @RICAN INSURANCE CORPANY Dow in full force and YU. Lmmi ".dAorthori(r ofRmOrat A ffor*c@-Fwf Aa A4-ca fs to a" MLke A t, &" @ 4w &ay Ow @it sulk@ b7 W B*" of a of tIq @ of @om the P t of, *ST Vkt-P Buy, @ M" to @, @a( NZ4 A" ad to t a" ad for &a as bemf of LW Corpo@* a" Atm(i to @ @ &*4 mke iLp for wW *a IK@ of t6t 4C A@ft @ amtk@ of v" R@ewt ed @U@, A" -Tad @ Atmu da b-t u In W @m@ "We@ @t@nt. Amy @ @tinea(&m4 &D safety @led ike"by way be revoked of any dmt @y the U" of @ors oc ?by "y empowered to of &"o@ Is sived " "cd under and by the authority of @ following Rc:solution adopted by @ @d of Directors of THE AMERICAN COMPANY at a meeting duty caed and held on @ 31 it day of July, 19&4. and Wd Resolu6" hu @ @ am@ or t@: LYED. that the titnitum of any Vkt-Pr@dcnt, @sttnt Sm@. and Kc:sldcnt Assistant Secretary of @ Corpor&Li@ and the " or this adm may b-c afrlxcd or @ted on any powc-r of attorney. on any revocation of any Power of attorney. or oc any ccclirKAte rd4W4 t@cto. by facsimile. and ilny Power of attorneys any revoci@n or any power of att@. or @i@tc bmHnS @h fac:simoc signature or facs@e " than b-c @ and binding upon tf4 at@!' IN V*QTNESS WHEREOF. THE AMERICAN INSUR.ANCE COMPANY hu c-au" t@ pr@nu to be si@ by its V-Ke-Presidcnt. and its cocporsic sc&l lo :rmnto LmLxed lst day o-f June 1910 THE AMERICAN INSURANCE COMPANY 43.Ap@@t. @ Ch@its of the gov4 of @ors. W ?' rated under @ la" or the @tc ol By OFCA,LIFOP,NIA OF @IN on lSt dayof June it @O t>cror4: me p-crio@y mm R. D. Farnsworth to mc known. who. bdns by me duly rworn, did depose and say. that he Ls Vkc-Presidcmt of THE @RICAN INSUK"CE COMPANY. @ Corporation in jmd whkh executed @ above LnsLrum-cat; that he knows Lht " of @d Corpo4r&tlon; that the " afrlxed to the @d i@tnent Ls such cof;>orate Li wu to affixed by order of the @ of Dirwors or Wd @radon and Lb,&t be signed hLs name 6acto by Ukc order. IN W WHEREOF. I have hereunto set my hand and affued my ofT'@ day and ycu bacin First above wri(icn. OFFICIAL SEAL 1. M. VANDEYORT tl/ NOTARY PUBLIC- CALIFORNIA @io Dffke In Matin Coun4 14 @g" t@s 2t I"l CATE STAIMOFCALIFORNIA OC>U@ OF MARIN 1, the und R@t tsea@orTHEAMERICANINSUR.ANCECOM-PANYa NEBRASKA @@,DOHE;LEBYCERTWY@t the f(>retoins and attuhtd POWER OF ATTORNEY rcmmdns In full force and hLs not been @oked; AM fu c @t @c Vil. @as 45 &ad 46 of the By4aws of the Corpor-&Uon. Lod Lbc R@@ of @ @d of DLtcctoct; @ forth in (he Power of Artomm art now La force. aM "ed at @ @nty of M@. Dated 1 1 day of nr t- n@p 19 @l I-TA@90 (REV) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 CALIFORNIA of LOS A-NGELES On 10/11/94 before me, BETTY WALKER, NOTARY PUBLTC DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLJC' personally appeared J@ L. WILLCOX NAME@S) OF SIGNER(S) personally knownto me - OR - F-I proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/afa subscribed to the within instrument and ac- knowledged to me that @/she/@ executed the same in *#/her/t@ authorized capacity@es), and that by @/her/t@:r signature(:k) on the instrument the person(s-), or the entity upon behalf of which the person(* acted, executed the instrument. my hand and official seal. Bti@ VVALKER G CO.M.M. #1003839 G R R s NOTARY PtieLIC - CALIFORNIA S 2 LOS ANGELES COUNTY 2 My Comm. Exoires S.,pt. 20,1997 SIGNATURE OF NOTARY .......... a0 *...: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT F7 INDIVIDUAL F7 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TRTLE(S) PARTNER(S) 7 LIMITED F7 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES F7 TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: (S)OR ENTRTY(IES) CAN CASUALTY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE NTNG@ PENNSYLVAN Cl 993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P-0. Box 7184 - Canoga Park, CA 91309-71134 Ai,nerican Casualty Company ol Readlng, Pennsylvanisk CPVA For A It @ COmm Itrn-ertU YouML'xe' tocostchk4go, POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by thtse Presents. That AMERICAN CKSUALTY COMPANY OF READING. PENNSYLVANIA, a @poral*n duty organized and existing under the laws of the Cornrnonweanh of Pennsytyinss. and having its principal otf-Ke in the City C4 ChKito. and State of INi@s, @s hereby make, constitute and appoint Jean L. Willcox, Wesle_y R. Downey, Pamela L. Jacobs, Indiyidually co Los Angeles, California ns trut arid La*4ul Attorney-in-Fact with full power and authority hereby conferred to sign, seal ar4 executt in its b-ehiff t>onds. undertakings ar4 other oblogatoq instrvrnents of similar nature- In Unlimited Amounts and to bind AMERICAN CA-SUALTY COMPKNY OFREADING. PENNSYLVANIA thereby as fu@ and 10 the S4" extent as it such instruments we,* signed by the duty authorized officers ofAMERICAN CKSUALTY COMPANY OF READING. PENNSYLVANIA and all the acts of said Attorney. pursuant to the authority hereby given are hereby ratified and conformtd. This Power of Attorney is made and exe-cule-d pursuant to and by authority of the following By-Law duty adopted by the Board of Dtteclvs of the Company@ "A,rticle VI-Execullon of Obligation ' S and Appointment of Attorney-in-Fact @l@n 2 Appointment of Attcxr4y-in-fact. The Presidtnt or VKe President @Y. fro-mtime lotime. app6nt bywritien cerl,fkales attorneys- in-fici lo act in behalf of the Company in the execulbon of polscies of insurance. I>ords. undertakings and other obligatory instruments of like nature Such stlorneys-in-faci. sub@ to the limitations set forth in their res@ive certifkjtes of authvdy, shall have fun power to t>(nd the Company by their signature and txeclrtion of any such instruments and to atisch the Stal of the Company thereto The President or any V" President or tht @rd of Directcws may at any time revoke in power and authority previously given to any attorney-in-fact." This Power of Attorney rs signed and sealed by facsimile under and by the authority of the @wing Resolution adopted by the @rd of Dire-cloes of the Company at a meti,ng duty called and held on the I Ith day of November. 1966: "Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile o-n any power of attorney granted pursuant to Section 2 of AriKit VI of the By.Lsws. and tht sigr4lurt of the @relary or in Assistant @relary and the stal of the Company may be affixed by liscimile to any ceritfkjte ol any such power. and any power of cerlifkjle @ar signatures and seal shall t>e valid and binding on tht Company. Any such power so exikuted and sealed ar4 certified by cerl:;i $@ f4kCSlMllt It so executed and s-ealed shall. with res@ to any bond cw undertaking to whkh 4 is attached. continue to bt valid and binding on the Company.- In Wilness Whef tot. AMERICAN CASUALTY COMPANY@HREADING. PENNSYLVtTAtas @.us4td these prestnis to b-e sighed by its Yice President and its corporate seal to be hereto affixed this day of - p m r .19 90 AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA State of Illinois ) County of Cook I Si J. E. Punell Vice President. On this 6th dy of SeDtember 19 90 . t>efort me p-ersonjny Came J. E Purtell. to me known. who. being by me duly sworn. did depose and 141Y that he res;dts in the Vi@gt of Glenview, Slate of Illi@S: that he IS a Vbct-Pres4ent of AMERICAN CASUALTY COMPANY OF READING. PENN LVANIA. the corporalpon (le$Zribe-d in the which execut@ the above instrument. that he knows the seal of said CorWaloon: that the seal aktxed to tht said instrument is such corporate seal. that it was so sfl,xed pursuant lo auth4xrty given by the Board of Directors of s4pd corporation and that he sigrved his name thereto pursuant to like authority. ar-td acknowledges s-arn4e to t>e the act ar4 deed of said corporation. C. DonV! CERNFICATE My Commission Expir r 12, 1990' 1, Ge<>(ge FL Hobaugh, Assistant @felmy of AMERICAN CASUALTY CO+APANY OF READING, PENNSYLVANIA. do certify that the Power of Attcxney herein above set forth Is still in force. and futher certify @t S.&ction 2 of Article %n of the By-Laws of the Company and the Resolution of the Bmd of Dir&ctofs, set forth In s4ld Pow*( of Attorney &.re still in force. In testimony whereof I have hereunto subscri@ my name and "txed &"I of the $4id Company this 11 -day of O(- t Ober lg 9 4. G&wgo R. Hobavgh ITEN1 4- APPROV CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:Board of Directors FROM:Ronald E. Bradley, General Manager DATE:July 9, 1996 SUBJECT:Acceptance of Landscape Maintenance Areas within Tract No. 23267 (Via Rio Temecula) PREPARED BY:Beryl Yasinosky, Development Services Analyst RECOMMENDATION:That the Board of Directors: 1 .Adopt a resolution entitled: RESOLUTION NO. CSD 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE EASEMENT DOCUMENTS FOR PURPOSES OF MAINTAINING CERTAIN LANDSCAPE AREAS WITHIN TRACT NO. 23267 (VIA RIO TEMECULA) 2.Authorize the Secretary/City Clerk to record the easement documents. BACKGROUND: Presley Homes of San Diego has filed an application to dedicate parkway landscaping within Tract No. 23267 into the TCSD landscape maintenance program beginning Fiscal Year 1 996-97. The landscaping is located along Via Rio Temecula and has been inspected and approved by the TCSD Maintenance Superintendent. The landscaped areas to be maintained by the TCSD are located within the right of way of Via Rio Temecula, however, for administrative and budgetary purposes, the TCSD has requested that the developer transfer the maintenance responsibilities of these areas through an irrevocable offer of dedication. FISCAL IMPACT: The costs associated with the maintenance of the aforemented landscape maintenance areas have been included within the Fiscal Year 1 996-97TCSD Rates and Charges for Service Level C. ATTACHMENTS: 1 . Resolution to Accept the Landscaped Areas. 2.Irrevocable Offers to Dedicate. r: \yasinobk\23267.esd 070996 RESOLUTION NO. CSD 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMIECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE EAS T DOC TS FOR PURPOSES OF MAINT G CERTAIN LANDSCAPED AREAS WITHIN TRACT NO. 23267-0. (VIA RIO TEMIECULA) THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES RESOLVE AS FOLLOWS: Section 1. The Board of Directors does hereby find and determine as follows: A. Presley Homes of San Diegeo, Inc. has provided the Temecula Community Services District with "Irrevocable Offers to Dedicate" easement documents for slope and landscape maintenance purposes within Tract No. 23267-0; and, B. The Temecula Community Services District has accepted the slope improvements as complete within Tract Map No. 23267-0; and, C.The Temecula Community Services District is the authorized legislative body to acceptthe offers of dedication for public slope and landscape maintenance easements within the Cityof Temecula. Section 2.The Board of Directors of the Temecula Community Services District hereby accepts theoffer of said easements and lots from Presley Homes of San Diegos, Inc., as follows: A. That pursuant to Government Code Section 66477.2(a), the Board of Directors accepts the offer of said easements from the Presley Companies of San Diego, Inc. over those areas more particularly described in Exhibit "A" and "B" and attached hereto and incorporated into this resolution by reference. B. That these acceptances are not intended to create or vest any fee simple interest in favor of the Temecula Community Services District or the City of Temecula to the subject slope and landscape maintenance areas, but are solely for the express purpose of accepting a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping within the boundaries of that certain real property as identified in Exhibits "A" and "B" attached hereto. C. That if the Temecula Community Services District of its governmental entity successors or assigns determine at any time that it is unable, incapable, or unwilling to maintain said easements, then all or any of such easements may be terminated, abandoned and extinguished by appropriate express action and thereafter, upon the giving and recording of notice to the interested parties, maintenance of the slope and landscape areas shall r: \yasinobk\23 267.csd 070996 become the responsibility of the then current owners of the respective underlying properties. Section 3. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, A.PPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 9th of July, 1996. Ronald H. Roberts (President) ATTEST: June S. Greek, Secretary/City Clerk [SEAL] STATE OF CALIFORNIA CO OF RIVERSIDE ss CITY OF TEMECULA I, June S. Greek, Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 96- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 9th of July, 1996, by the following vote: AYES: BOARD MEMBERS NOES: BOARD MEMBERS ABSENT:BOARD MEMBERS ABSTAIN: BOARD MEMBERS r:\yasmobk\23267.csd 070996 EXHIBIT "A" TO RESOLUTION NO. CSD 96- Via Rio Temecula PARCEL "A" - Landscape maintenance easement within public right-of-way. That portion of Lot "A" Tract No. 23267, in the City of Temecula, County of Riverside, State of California, as recoreded in Book 240, Pages 29 through 35 of Maps, in the Office of the County Recorder of the County of Riverside, described as follows: Beginning at the southwesterly corner of lot "A" of said Tract No. 23267; said point also being on the arc of a 4695.00 foot radius curve concave norhtwesterly; thence northeasterly along the arc of sid curve through a central angle of 04102'40" a distance of 331.41 feet to the beginning of a reverse 5305.00 foot radius curve concave southerly; thence easterly along the arc of said curve through a central angle of 02123'52" a distance of 222.01 feet to the beginning of a compound 947.00 foot radius curve concave southerly; thence easterly along the arc of said curve through a central angle of 12027'34" a distance of 205.93 feet; thence tangent to said curve, northe 80031'21" 339.75 feet to the beginning of a 1053.00 foot radius curve concave northerly; thence easterly along the arc of said curve through a central angle of 05128'59" a distance of 100.77 feet to the beginning of a reverse 5231.1 2 foot radius curve concave southerly; thence easterly along the arc of said curve through a central angle 01 037'24"a distance of 148.21 feet; thence leaving said southerly line of said lot "A", on a line radial to said curve, north 13020'14" west 15.00 feet to the beginning of a 5246.12 foot radius curve concave southerly and tangent tosaid radial line; thence westerly along the arc of said curve through a central angle of 01 137'24" a distance of 148.64 feet to the beginning of a reverse 1038.00 foot radius curve concave northerly; thence westerly along the arc of said curve through a central angle of 05028'59" a distance of 99.33 feet; thence tangent to said curve, south 80031'21 " west 339.75 feet to the beginning of a 962.00 foot radius curve concave southerly; thence westerly along the arc of sid curve through a central angle of 12027'34" a distance of 209.19 feet to the beginning of a compound 5320.00 foot radius curve concave southerly; thence westerly along the arc of sid curve through a central angle of 02023'52'a distnce of 222.64feet to the beginning of a reverse 4680.00 foot radius curve concave southerly; thence westerly along the arec of said curve through a central angle of 04002'40" a distance of 330.36 feet to a point on the westerly line of said lot "A"; thence along the westerly line of sid lot "A", south 20055'00" east 15.00 feet to the Point of Beginning. Said Parcel "A' contains 0.465 acres more or less. r:\yasinobk\23267.csd 070996 EXHIBIT "A" TO RESOLUTION NO. CSD 96- CONTINUED PARCEL "B" - Landscape maintenance easement within the public right-of-way. That portion of Lot "A" Tract No. 23267, in the City of Temecula, County of Riverside, State of California, as recoreded in Book 240, Pages 29 through 35 of Maps, in the Office of the County Recorder of the County of Riverside, described as follows: Beginning at the southeasterly corner of lot 105 of Tract No. 23267, said point also being on the northerly line of lot "A" of said Tract 23267, thence leaving said northerly line, south 13020'14" east 97.00 feet to the True Point of Beginning, said point being on the southerly line of Lot "A" of said tract; sid point also being on the arc of a 5231.12 foot radius curve concave southerly; thence easterly along the arc of sid curve through a centrla angle of 04014'00" a distance of 386.50 feet; thence tangent to said curve, north 80 0 53'46 " east 288.64feet to the beginning of a 2268.88foot radius curve concave northerly; thence easterly along the arc of said curve through a central angle of 00lo4'48" a distance of 3.17 feet; thence leaving said southerly line of said lot "A", on a line radial to said curve, north 0901 1'02" west 15.00 feet to the beginning of a 2253.88 foot radus curve concave northerly and tangent to said radial line; thence easterly along the arc of said curve through a central angle of 00104'48" a distance of 3.15 feet; thence tangent to said curve, south 80153'46" west 288.64feet to the beginning of a 5246.12 foot radius curve concave southerly, thence easterly along the arc of said curve through a central angle of 04114'00" a distance of 387.61 feet; thence south 13020'14" east 1 5.00 feet to the Point of Beginning. Said Parcel "B" contains 0.234 acres more or less. PARCEL "C" - Landscape easement within the public right-of -way. That portion of Lot "A" Tract No. 23267, in the City of Temecula, County of Riverside, State of California, as recoreded in Book 240, Pages 29 through 35 of Maps, in the Office of the County Recorder of the County of Riverside, described as follows: Beginning at the southeasterly corner of lot 105 of Tract No. 23267, said point also being on the northerly line of Lot "A" of said Tract 23267, said point also being on the arc of a 5328.12foot radius curve concave southerly; thence along said northerly line of sid lot 'A", easterly along the arc of sid curve through a centria angle of 03106'41 " a distance of 289.34 feet; thence leaving sid northerly line of said lot "A", on a line radial to said curve, south 10013'33" east 6.00 feet to the beginning of a 5322.12 foot radius curve concave southerly and beginning of a 5322.12 foot radius curve concave southerly and tangent to said radial line; thence westerly along the arc of said curve through a central angle of O3Oo6'41 ' a distance of 289.01 feet; thence north 13020'14" west 6.00 feet to the Point of Beginning. Said Parcel "C" contains 0.040 acres more or less. r:\ywinobk\23267.csd 070996 EXHIBIT "A" TO RESOLUTION NO. CSD 96- CONTINUED PARCEL "D" - Landscape maintenance easement within public right-of-way. That portion of lot "A" of Tract No. 23267, in the City of Temecula, County of Riverside, Sate of Calif ronia, as recorded in Book 240, pages 29 through 35 of maps, in the office of the County Recorder of the County of Riverside, described as follows: Beginning at the most southeasterly corner of Lot 1 of Tract No. 26861 -1, as recorded in Book 236, pages 25 through 27 of maps, as recorded in the Office of the County Recorder, of the COunty of Riverside, siad point also being on the northerly line of Lot "A" of siad Tract 23267; thence along said northerly line of said lot "A", south 80053'46" west 228.64 feet to the beginning of a 5328.12foot radius curve concave southerly; thence westerly along the arc of said curve through a central angle of 00129'58' a distance of 46.44 feet; thence leaving said northerly line of said lot "A", on a line radial to said curve, south 09136'1 2' east 6.00 f eet to the beginning of a 5322.1 2 f oot radius curve concave sotuerly and tangent to said radial line; thence easterly along the arc of said curve through a central angle of 00029'58" a distance of 46.39 feet; thence tangent to said curve, north 80 0 53'46 " east 228.64 feet; thence north 09 0 06'1 4" west 6.00 f eet to the Point of Beginning. Said Parcel "D" contains 0.038 acres more or less. r:\yasinobk\23267.cod 070996 rTi )> > cn rIl > SAFOWIN 3C YGI@ Y U) > u rn 16' 6,r rTi td VW.L AWN@ Recording Requested By and When Recorded Mail To: City Clerks Department City of Temecula 431 74 Business Park Drive Temecula, California 92590 FREE RECORDING This instrument is for the benefit of the City of Temecula and is entitled to be recorded without fee (Govt. Code 6103). Parcel: Tract No. 23267 Lot A Project: Old Vail Ranch IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PRESLEY HOMES, a California corporation, formerly known as The Presley Companies, a California corporation ("Transferor"), hereby irrevocably offers to dedicate to the TEMECULA COMMUNITY SERVICES DISTRICT ("Transferee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibits "A" and "C" attached hereto, which are incorporated herein by this reference (the "Easement Area"). There is no Exhibit "B" attached hereto. The property described on Exhibits "A" and "C" was previously dedicated by Transferor on TRACT NO. 23267; this Irrevocable Offer to Dedicate is being recorded at the request of Transferee for administration purposes. If Transferee, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the owner ("Lot 214 Owner') of Lot 214 of TRACT NO. 23267-3, in the City of Temecula, County of Riverside, State of California, recorded in Book 240, Pages 20 through 28, inclusive, of Maps, in the Office of the County Recorder of the County of Riverside, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the Lot 214 Owner. DATED: June 24, 1996 PRESLEY HOMES, a California corporation, formerly known as The Presley C a California corporation By Vice President Title By Title Assistant Secretary 6124196 STATE OF CALIFORNIA Ss. COUNTY OF SAN DIEGO On me, Notary Public, before personally appeared@4-4-@.4@ personally known to me .,D Fm to be the person(s@ whose name(s)@lre subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by h's@hef/their signatures) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JOA WITNESS my hand and official seal. N cuozzo "07A Signature (Seal) 0 CERTIFICATE OF ACCEPTANCE This is tocertify that the interest in real property conveyed within the Irrevocable Offer To Dedicatedated from Presley Homes to the Temecula Community ServicesDistrict, California, County of Riverside, California, a body corporate and politic, is hereby accepted by order of the Board of Directors made on and the Transferee consents to the recordation thereof by its duly authorized officer. DATED: June S. Greek, Secretary/City Clerk 6/24/96 -2- "EXHIBIT "A" PARCEL "A"LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAY THAT PORTION OF LOT "A" OF TRACT NO. 73267, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 240, PAGES 29 THROUGH 35 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 105 OF TRACT NO. 23267, GAIL POINT ALSO BEING ON THE NORTHERLY LINE OF LOT "A" OF SAID TRACT 23267, THENCE LEAVING SAID NORTHERLY LINE, SOUTH 13'20'14" EAST 97.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY LINE OF LOT "A" OF SAID TRACT; SAID POINT ALSO BEING ON THE ARC OF A 5231.12 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'14'00" A DISTANCE OF 386.50 FEET; THENCE TANGENT TO SAID CURVE, NORTH 80-53-46" EAST 28B.64 FEET TO THE BEGINNING OF A 226e.e8 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00'04'48" A DISTANCE OF 3.17 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LOT "A", ON A LINE RADIAL TO SAID CURVE, NORTH 09'11'02" WEST 15.00 FEET TO THE BEGINNING OF A 2253.88 FOOT RADIUS CURVE CONCAVE NORTHERLY AND TANGENT TO SAID RADIAL LINE; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OO-O4'4B" A DISTANCE OF 3.15 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 80-53-46" WEST 288.64 FEET TO THE BEGINNING OF A 5246.12 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'14'00" A DISTANCE OF 3e7.61 FEET. THENCE SOUTH 13'20'14" EAST 15.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL "A" CONTAINS 0.234 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. J-N. 225-089 07-26-93 " @ 11717-r VICINITY MAP NO SCALE 1.100, -4b :z 0 b 0 70 1210 tABC)'5:3' LOT ,O,C)4'1 G.5 cf,) IAOcVo 21,4 /,2o-2B M,13, 240 @7 2 ",3@ -V 0 -f Rp, c 00@ ip INDICATES LANDSCAPF- MAINTENANCE LANDSCAPE MAINTENANCE EASEMENT EASEMENT IN FAVOR OF TCSD WITHIN PLBLIC IZIGHT-OF-WAY A PORTION OF LOT 'A" OF TRACT NO. 23267 (PA12CF9 'A'- 0.234 AC.) RECORDED IN BOOK 240, PAGES 29-35 OF MAPS, IN THE OFFICE OF COUNTY CROSBY Engineers - Planners Surveyors RECORDER OF THE COUNTY OF RIVERSIDE. 'kg'W An I Recording Requested By and When Recorded Mail TO: City Clerks Department City of Temecula 431 74 Business Park Drive Temecula, California 92590 FREE RECORDING This instrument is for the benefit of the City of Temecula and is entitled to be recorded without fee (Govt. Code 6103). Parcel: Tract No. 23267 Lot A Project: Old Vail Ranch IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PRESLEY HOMES, a California corporation, formerly known as The Presley Companies, a California corporation ("Transferor"), hereby irrevocably offers to dedicate to the TEMECULA COMMUNITY SERVICES DISTRICT ("Transferee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described in Exhibits "A" and "C' attached hereto, which are incorporated herein by this reference (the "Easement Area"). There is no Exhibit "B" attached hereto. The property described on Exhibits "A" and "C" was previously dedicated by Transferor on TRACT NO. 23267; this Irrevocable Offer to Dedicate is being recorded at the request of Transferee for administration purposes. If Transferee, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the owner ("Lot 214 Owner") of Lot 214 of TRACT NO. 23267-3, in the City of Temecula, County of Riverside, State of California, recorded in Book 240, Pages 20 through 28, inclusive, of Maps, in the Office of the County Recorder of the County of Riverside, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the Lot 214 Owner. DATED: June 24, 1996 PRESLEY HOMES, a California corporation, formerly known as The Presley Companies, a California corporation By Vice Presid@lt Ti.tle By Title Assistant Secretary@ 6/24/96 STATE OF CALIFORNIA Ss. COUNTY OF SAN DIEGO On@@6 before me, Tc"f 2- 2 Notary Public, personally appeared personally known to me (OF PFGVGD t9 to be the person(s) whose name(s).Ware subscribed to the within instrument and acknowledged to me that /they executed the same in their authorized capacity(ies), and that by /their signatures) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. N cuozzo Signature (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed within the Irrevocable Offer To Dedicate dated from Presley Homes to the Temecula Community Services District, California, County of Riverside, California, a body corporate and politic, is hereby accepted by order of the Board of Directors made on andthe Transferee consents to the recordation thereof by its duly authorized officer. DATED: June S. Greek, Secretary/City Clerk 6124196 -2- "EXHIBIT "A" PARCEL "A"LANDSCAPE M AINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAY THAT PORTIONOF LOT "A" TRACT NO. 23267, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE Or CALIFORNIA, AS RECORDED IN BOOK 740, PAGES 29 THROUGH 35 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT "A" OF SAID TRACT NO. 23267; SAID POINT ALSO BEING ON THE ARC OF A 4695.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'02'40" A DISTANCE OF 331.41 FEET TO THE BEGINNING OF A REVERSE 5305.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'23'52" A DISTANCE OF 222.01 FEET TO THE BEGINNING OF A COMPOUND 947.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY AL014G THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'27'34" A DISTANCE OF 205.93 FEET; THENCE TANGENT TO SAID CURVE, NORTH 90-31-21" 339.75 FEET TO THE BEGINNING OF A 1053.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'28'59" A DISTANCE OF 100.77 FEET TO THE BEGINNING OF A REVERSE 5231.12 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 01'37'24" A DISTANCE OF 148.21 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LOT "A", ON A LINE RADIAL TO SAID CURVE, NORTH 13-20'14" WEST 15.00 FEET TO THE BEGINNING OF A 5246.12 FOOT RADIUS CURVE C014CAVE SOUTHERLY AND TANGENT TO SAID RADIAL LINE; THENCE WESTERLY AL014G THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'37'24" A DISTANCE OF 14E3.64 FEET TO THE BEGINNING OF A REVERSE 103e.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY AL014G THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05'213'59" A DISTANCE OF 99.33 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 80-31-21" WEST 339.75 FEET TO THE BEGINNING OF A 962.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12'27'34" A DISTANCE OF 209.19 FEET TO THE BEGINNING OF A COMPOUND 5320.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02'23'52" A DISTANCE OF 222.64 FEET TO THE BEGINNING OF A REVERSE 46eo.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04'02'40" A DISTANCE OF 330.36 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT "A"; THENCE ALONG THE WESTERLY LINE OF SAID LOT "A", SOUTH 20-55'00" EAST 15.00 FEET TD THE POINT OF BEGINNING. SAID PARCEL "A",CONTAINS 0.465 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF RECORD. SEE EXHIBIT "C" ATTACHED HERE'RO AND BY THIS REFERENCE MADE A PART HEREOF. J.N. 225-OB9 07-26-93 TRAR,T NO, 26661-3 13'20'14'WCR) M,B, 243/62-63 15.00' c6 VIA LLRIDO 0 0 0 0 if -i O/ I FGEND INDICATES LANDSCAPE MAINTENANCE EASEMENT IN FAVOR OF TCSD VVITHFN PLJE3L[C RIG44T-OF-WAY (PARCEL A - 0.465 AC.) q L6 C t- 't 0 CAPI@MO bo N c-i 015 Al6 < AVIEWA DE MISSIOM P.OB. 'ICINITY MAP PAR(M NO SCALE N?-O'55-C)O-W( LANDSCAPE MAINTENANCE EASEMENT PAR CJEL I p,M, 15-C)O' A PORTION OF LOT 'A' OF TRACT NO. 23267 NO- lsgg3 RECORDED IN BOOK 240, PAGES 29-35 P,M, J34/13-is OF MAPS, IN THE OFFICE OF COUNTY RECORDER OF THE COUNTY OF RIVERSIDE. CROSBY Engineers - Planners Surveyors MEAD 5650 F] Camino R@ml. qiiite 200 Recording Requested By and When Recorded Mail To: City Clerks Department City of Temecula 1 4 Business Park Drive Temecula, California 92590 FREE RECORDING This instrument is for the benefit of the City of Temecula and is entitled to be recorded without fee (Govt. Code 6103). Parcel: Tract No. 23267 Lot A Project: Old Vail Ranch IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PRESLEY HOMES, a California corporation, formerly known as The Presley Companies, a California corporation ("Transferor"), hereby irrevocably offers to dedicate to the TEMECULA COMMUNITY SERVICES DISTRICT ("Transferee"), together with the right to further grant or transfer the same to others, a perpetual easement and right-of-way for maintaining, operating, altering, repairing, and replacing equipment and landscaping over and within the boundaries of that certain real property located in the City of Temecula, County of Riverside, more particularly described as "PARCEL 'A"' in Exhibits "A" and "C" attached hereto, which are incorporated herein by this reference (the "Easement Area"). There is no Exhibit "B" attached hereto. The property described on Exhibits "A" and "C" was previously dedicated by Transferor on TRACT NO. 23267; this Irrevocable Offer to Dedicate is being recorded at the request of Transferee for administration purposes. An Irrevocable Offer to Dedicate the area described in PARCEL "B" of Exhibits "A" and "C" attached hereto was recorded June 10, 1 994 as Instrument No. 237520, Official Records of Riverside County, California. Transferor hereby reserves for itself and COUNTRY GLEN CONDOMINIUM ASSOCIATION, a California nonprofit mutual benefit corporation ("Association") the right, but not the obligation, to plant flowering plants within the Easement Area. The party who exercises this right shall be responsible for the maintenance of the flowering plants and their removal or replacement when appropriate or at such time as the Transferee requests removal. Transferee shall have no obligation to maintain, remove or replace any plants placed in the Easement Area by Transferor's or the Association's exercise of this right. If Transferee, or its governmental entity, successors, or assigns, determines it is unable, incapable, or unwilling to maintain said Easement Area, maintenance shall, after notice, become the responsibility of the Association, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the Association. DATED: June 24, 1996 PRESLEY HOMES, a California corporation, formerly known as The Presle nies, a California corporation By Vice President Title By Assistant SecrE Title 6/24/96 STATE OF CALIFORNIA Ss. COUNTY OF SAN DIEGO On before m eD Notary Public, personally appeared personally known to me (eF PFO to be the person(s) whose name(s)@are subscribed to the within instrument and acknowledged to me that they executed the same in /their authorized capacity(ies), and that by /their signatures) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. N cuozz co WITNESS my hand and official seal. JA Signature (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed within the Irrevocable Offer To Dedicate dated from Presley Homes to the Temecula Community Services District, California, County of Riverside, California, a body corporate and politic, is hereby accepted by order of the Board of Directors made on and the Transferee consents to the recordation thereof by its duly authorized officer. DATED: June S. Greek, Secretary/City Clerk 6124/96 -2- "EXHIBIT "A" PARCEL "A" - LANDSCAPE MAINTENANCE EASEMENT WITHIN PUBLIC RIGHT-OF-WAY THAT PORTION OF LOT "A" OF TRACT NO. 23267, 11\1 THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED IN BOOK 240, PAGES 29 THROUGH 35 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 105 OF TRACT NO. 23267, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF LOT "A" OF SAID TRACT 23267, SAID POINT ALSO BEING ON A THE ARC OF A 5328.12 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG SAID NORTHERLY LINE OF SAID LOT "A", EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'06'41" A DISTANCE OF 2eq.34 FEET; THENCE LEAVING SAID NORTHERLY LINE OF SAID LOT "A", ON A LINE RADIAL TO SAID CURVE, SOUTH 10-13-33@' EAST 6.00 FEET TO THE BEGINNING OF A 5322.12 FOOT RADIUS CURVE CONCAVE SOUTHERLY AND TANGENT TO SAID RADIAL LINE; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03'06'41" A DISTANCE OF 289.01 FEET; THENCE NORTH 13'20'14" WEST 6.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL "A" CONTAINS 0.040 ACRES MORE OR LESS. SEE EXHIBIT "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. No. BEARING 015TANCE Ll N10'13'33'W G.00' L2 Noq'3G'12'W G.00' L3 Noq'DG'14'W G.00' CURVE DATA NO. RADIU5 DELTA ARC, ci 5325.12' C)C)'2cl-58- 4G.44' C2 5322.12' 00-29-58- 4G.3q, FICI@-MM NO SCALE "00, 0 (D 4 LANDSCAPE MAINTENANCE EASEMENT INDICATE-:S LANDSCAPF= MAINTENANCF= F-ASEMEW IN FAV012 OF TCSD WITPIN r-L=L-[C 12IGHT-OF-WAY 0) PORTIONS OF LOT "A" OF TRACT NO. 23267 (PA12CF-L 'A' 0.040 AC.) ID RECORDED IN BOOK 240, PAGES 29-35 OF (PAIZCEL 'B' 0.038 AC.) MAPS, IN THE OFFICE OF COUNTY RECORDER 0 CROSBY Engineers - Planners - Surveyors OF THE COUNTY OF RIVERSIDE. MEAD 5650 El Camino Real, Suite 200 BENTON Carlsbad, California 92008 16 A--^-T-@ ". I'll rvi minor REDEVELOPMENT AGENCY ITEIN4 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MEETING HELD JUNE 11, 1996 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:35 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 5 AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, Assistant City Attorney Mike Estrada and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. Agency Member Ford questioned Item No. 2, Temecula Tourism Promotional Brochure, asking if there are any costs associated with distribution. Assistant City Manager Mary Jane McLarney answered that Rack Services will be addressed in next year's Redevelopment Agency Plan. It was moved by Agency Member Stone, seconded by Agency Member Ford to approve Consent Calendar Items No. 1-2. The motion was unanimously carried with Agency Member Lindemans abstaining on Item No. 1. 1 Minutes 1.1Approve the minutes of May 28, 1996. 2Temecula Tourism Promotional Brochure 2.1Approve the request for printing of the Temecula Tourism Promotional Brochure to Graphics Unlimited for $22,000. 2.2Authorize the transfer of funds ($22,000) from Economic Development (#2801999995264) to Marketing (#2801999995270). Minutes.rda\061196 -1- AGENCY BUSINESS 2Review and Aj2groval of the FY 1996-97 Annual 012eratina Budget Agency Member Stone announced a conflict of interest. Finance Director Genie Roberts presented the staff report. Senior Planner John Meyer discussed new and on-going projects in FY 1996-97 Redevelopment Agency Budget. It was moved by Agency Member Lindemans, seconded by Agency Member Roberts to approve staff recommendation as follows: 3.1Adopt a resolution entitled: RESOLUTION NO. RDA 96-13 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 1996-97 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS The motion was unanimously carried with Agency Member Stone abstaining. EXECUTIVE DIRECTOR REPORT Executive Director Ron Bradley reported the Temecula Redevelopment Agency ranked No. 76 out of hundreds of California Agencies, and is ahead of most cities its size. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Stone, seconded by Agency Member Roberts to adjourn at 8:45 PM to a meeting on June 25, 1996, 7:00 P.M., Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rda\061196 -2- ITEI\4 2 APPROVAL CITY ATTORNEY FINANCE DIRECTO CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: July 9, 1996 SUBJECT: Contract Amendment No. 5 for the First Street Design PREPARED BY: @Steven W. Cresswell, Principal Engineer John Pourkazemi, Associate Engineer RECOMMENDATION: That the Redevelopment Agency approve Contract Amendment No. 5, and authorize Chairperson to execute the Amendment between the City and Norris-Repke, Inc. in the amount of $69,200 bringing the total contract amount to $337,134. The Agreement will be subject to the approval of the Executive Director and the General Counsel as to final form. BACKGROUND: On December 13, 1994, the Redevelopment Agency approved and authorized the Chairperson to execute an agreement between the City and Norris-Repke, Inc. to provide civil engineering services for the design of First Street in the amount of $1 74,842. The Redevelopment Agency also approved and authorized the Chairperson to execute two amendments to the initial agreement in the amounts of $68,952 and $36,900 respectively, to a total contract amount of $280,694. The initial contract agreement with Norris-Repke, Inc., was first amended because the scope of work was augmented due to the widening and lengthening of the bridge, miscellaneous associated tasks and the scour analysis. The second amendment was for preparation of a hydraulic analysis to analyze the impact construction of First Street and Western Bypass Corridor bridges will have on the 100-year flood water elevation of Murrieta Creek and the future drainage improvements proposed by Riverside County Flood Control and Water Conservation District (RCFC&WCD). The scour study for First Street bridge was included as part of Amendment No. 1 to Purchase Order 16709 of the initial Contract Agreement with Norris-Repke, Inc., in the amount of $17,700.00. We subsequently entered into a contract with West Consultants, Inc., to perform a combined scour study and overtopping analysis for First Street and Western Bypass Corridor bridges. The scour study proposal for $17,700.00 included in Contract Amendment No. 1 was therefore deleted from Norris-Repke, Inc., contract. The fourth amendment added $4,940.00 to Norris-Repke, Inc., contract for revisions to the flood water analysis requested by RCFC&WCD. r:\agdrpt\96\0709\norrisS.amd/ajp The First Street bridge design is currently underway pursuant to the receipt of RCFC&WCD's approval. The extent of the bridge improvements have altered and subsequently the scope of work relative to the associated roadway improvements have augmented and additional storm drain improvements are included to accommodate the development; hence this fifth amendment to the contract. The derivation will be as follows: Initial P.O. $174,842 Amendment No. 1 + 68,952 included $17,700 for the scour analysis Amendment No. 2 + 36,900 Amendment No. 3 - 17,700 deduct scour analysis Amendment No. 4 + 4,940 Proposed Amendment No. 5 + 69,200 Total $337,134 First Street is included in the current Capital Improvement Program. DISCUSSION: The final design of the First Street extension is underway. Since the award of contract for the design of First Street, site restrictions and other agencies' criteria and requirements have been analyzed subsequent to discussions and meetings with the environmental agencies (State of California Department of Fish and Game, and Water Resources Control Board), Federal Emergency Management Agency, Army Corps. of Engineers, and Riverside County Flood Control and Water Conservation District, and pursuant to completion of the Old Town Redevelopment Project Environmental Impact Report and traffic studies. Consequently the scope of work initially proposed by Norris-Repke, Inc. for the final design has expanded as described in the attached proposal. FISCAL IMPACT: $500,000 is available in Capital Improvement Program Account No. 280-199-807-5802. The disbursement of funds will be spread over Fiscal Year 1995-96 within the anticipated budget amount. ATTACHMENT@ 1 . Contract Amendment No. 5 -2- r:\agdrpt\96\0709\norris5.amd/ajp ATTACHMENT NO. 1 NORRIS-REPKE, INC. AMENDED CONTRACT -3- r:\agdrptk96\0709\norris5.amd/ajp AMENDMENT NO. 5 NORRIS-REPKE, INC. CONTRACT ORDER NO. 16709 The Agreement dated December 13, 1994 between the City of Temecula, and Norris-Repke, Inc. (herein referred to as "Agreement") is hereby amended as follows: Re:Professional Design Services for Old Town First Street Bridge, First Street Realignment, and Roadway Improvements. Section 1 The Scope of Work is hereby amended by adding the activities as specified in Exhibit "A", Norris-Repke, Inc.'s proposal dated March 20, 1996. TOTAL AMOUNT $69,200 Section 2 Compensation for services shall be total of all services described in this Amendment and shall not exceed Sixty Nine Thousand Two Hundred Dollars ($69,200.00). All above costs are eligible for funding through Redevelopment Agency Funds. Adequate funds have been reserved within budget of the Redevelopment Agency. The total cost of this element of the project is summarized below: A. Original Contract (Approved 12-13-94) $174,842 B. Contract Amendment No. 1 + 68,952 C. Contract Amendment No. 2 + 36,900 D. Contract Amendment No. 3 - 17,700 E. Contract Amendment No. 4 + 4,940 F. Proposed Contract Amendment No. 5 + 69,200 Total $337,134 Section 3 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Agreement on the Date and year above written. CONSULTANT CITY OF TEMECULA By: By: Norris-Repke, Inc. Patricia Birdsall, Madam Chair r:\agdrpt\96\0709\norris5.amd/ajp APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk -5- r:\agdrpt\96\0709\norrisS.amdlajp EXHIBIT "A" -6- r:\agdrpt\96\0709\norris5.amd/ajp NORRIS-REPKE, INC. Consulting Civil Engineers and Land Surveyors 33055 VINO WAY - TEMECULA, CA 92591 - PHONE (909) 676-5816 FAX (909) 676-0016 March 20, 1996 92-03 r- -N C: I Mr. Steve Cresswell, Principal Engineer R V E Public Works Dept. City of Temecula MAR 1 43 f 74 Business Park Drive Temecula, C A 92590 r@ 1; TY @,i A Subj: First Street Extension Dear Mr. Cresswell: INTRODUCTION The purpose of this letter is to request your recognition of the pr 'ect's augmented scope to date and Oi authorize additional fees for it, to propose additional work not yet becun, and to present a schedule for completing the pr Oiect. AUGMENTED SCOPE We began the project with a kickoff meeting Jan 25, 1995. The oricinally proposed schedule indicated road concept design submittal in 4 weeks and approval 2 weeks later. But the road becan to change, described later, Fi@al alignment was approved July 26, 1995. Final profile was approved Feb. 22, 1996, and final bridge c@ ration March 18, although even that is based on expected RCFCWCD approval not yet rec as of this writing. The effect on Norris-Repke is that the anticipated four weeks of road concept design with 3 meetings has now consumed the better part of the last I') months, with meetings. These are the chan-es in the pr 'ect since beginning: Oi I .First Street curb-to-curb width increased from 40'to 58' adding a lane each direction. At the intersection with Front Street it increased to 70'with 7 lanes. ("Lanes" includes through, turninc, bicycle and parking.) 2.Santiago Road increased from 4 lanes in 40' curb-to-curb transitionincr to 6 lanes in 58' at the intersection. 3.The First Street/Santiago Road alignment chanized throuqh several interations from a short rounding of theangle 6oint at Front Street to @shift of I @0' southerly. This sosteepened Sant'acro thatfront street was raised to partially reduce the steepness. Theshift also requires I, extension of an existing storm drain abo'ut 140'. 4.The bridce changed from straight to curved, and from 125' long sincle span to 250' loncy 2-span. 5.Front street was raised as stated above, widened 0 to 14' and realigned north of First Street, addina, a 200' storm drain, and widened 0 to 5' south of First Street. 6.The len,-th of Santiacro to be reconstructed increased 400'. 7.The First Street profile was changed each time the Flood Control District's design requirements changed (driven" we understand,by COE changes and uncertainty over a proposed detention basin). Originally a 120'wide rectangular channel, it became a 100'wide trapezoidal channel 5' below the @xistin-g flowline grade for-our first actual design, which was to accomodate 25 kcfs MAIN OFFICE: 600 N. TUSTIN AVENUE - SUITE 250 SANTA ANA, CA 92705-3736 (714) 973-2230 FAX (714) 973-2263 Steve Cresswell March 20, 1996 Page 2 contained in a smooth (Manning's n = .025). It was raised to accomodate 39 kcfs in an improved channel plus overbanks at existing profile and higher n's. It was finally raised to its current design profile based on a natural channel with future veizetation growth and some widening at FirstStreet to remove a narrows. The crest elevation o-n the bria.-e increased 12' from 1001 to IO 1presently, now requiring, a retaining wall up to 16' high (exposed stem height) at Rancho WestApartments. These changes have resulted in major increases in preliminary design work. And will significantly increase final desian work. These increases range from zero west of Puiol, slight at Puiol and to near Front Street, maj@r from west of Front Street through the west half of Santlaoo, and moderate for the east half to the existing bridge. Front Street itself now will require a plan/profile for 700' of realignment, widening and @eprofiling, plus'-?00' of storm drain. LoBuono, Armstrong will have to redo some of their preliminary bridae desto'n work. As directed by Skip Hammann's memo of Auc, 1, 1995, we analyzed four different confi,2urations of flow in the channel and overbanks, and designed bridge alternatives for each. These des-IcIns included road profiles, channel cross-sections, profiles, alignments and transitions. The number of lecal descriptions increased from a forseeable 5 to an actual I'). Some of the increase was caused by the widening and some by the request, on some properties, to write separate descriptions for contiguous parcels under the same ownership. NEW WORK Acyra Earth and Environmental proposes an additional boring to cover the high retaining wall and the laro,e storm drain, discussed below. I have included weekly meetings on the Old Town Entertainment Center which we have been asked to attend. They began March 14. 1 have also included bi-weekly project meetings with staff on the pre@ent project. Both would extend through completion of approvable plans for the First Street Project. Major storm drain The following presents our proposal to provide plans, specifications and estimate for the ma'or storm drain pursuant to your oral invitation on February 22, 1996. The storm drain will run from Mum'eta Creek westerly to the Western Bypass, a length of approximately 1600 feet. Specifically it will enter the creek just downstream of the proposed First Street bridge, and join the 72" RCP shown on the TPC plan at the station of the First Street curb return ends. The pipe sizes are 72" and 84", about half -of each- Existing sewers at Pu . ol Street may require a box culvert for vertical clearance if planned sewer relocation does not eliminate the interference. The plans will be prepared on RCFC&WCD standard sheets and be processed for approval by that agency. Acyra Earth and Environmental will include in their ceotechnical report recommendations for desi(yn and construction of this facility. We are well qualified by expertise and experience to perform this service. A list of some of our other storm drain projects is attached. Norris-Repke, Inc., Temecula Steve Cresswell March 20, 1996 Page 3 FEES The additional fees requested are: Desc ion Additional fee Preliminary design and concept plans $19,200 Legal descriptions 4,200 Final plans-Ist St./Santiago, Front Street 5,400 Bridge preliminary design (LBA) 5,000 Addi@tio'nal boring (Agra) 1,600 OTEC weekly meetings, 2 hours each 4,200 B'-weekly pro) t meetings & minutes as necessary -c @a ior storm dream 22,000 Optional brid-e design overtime (LBA) 7,600 ---------- r,l,zoo CLOSURE I will be happy to discuss this request and proposal with you at your convenience. Thank you for your consideration.. ly, Norris 9203',ADDMON.PRO Norris-Repke, Inc., Temecula LoBuono, An-nstrong & Associates A DI'Y'ISION OF FREDERIC R. HARRIS. INC. 22'- West Sixth Street, Suite 950 / San Pedro. CA 90731 3 10/833-669'-' FAX 3 10/83)-65@- 1 February 8, 1996 Norris-Repke, Inc. ')'JO55 Vino Way Temecula, CA 92591 Attention:Mr. jack -i@om's, Reference:First Street Bridge Extension Temecula, California Dear Jack: You indicated in our recent conversation that the length of the proposed bridge will be changed from the 2'-)' )' structure. for which we prepared the bridge advanced plan studies and type selection, to a two span bridge of 2' )O'-250' in length. Additional time will be required to revise the preliminary engineering. The time required for the preparation of the PS&E will not change as long as the bridge remains a two span structure as it was before. The cost of the additional work for the preliminary desi-n will be $5,000. If vou have any questions, please give me a call. Sincerely yours, LOBUONO, AR-MSTRONG & ASSOCIATES Britt Poteet 111, S.E. Principal Bridge Engineer G \I')95@PROPOS@@CULA\LETTER. FEB LoBuono, An-nstrong & Associates A DIVISION OF FREDERIC R. HARRIS. INC. 222 West Sixth Street. Suite 950 / San Pedro. CA 90731 310/833-6692 FAX 3 [0/833-6521 March 5, 1996 Norris-Repke, Inc. ')')055 Vino Wav Temecula, CA 92591 ,Al-ent.;on- Mr. JACK Reference:First Street Bridge Extension Temecula, California Dear Jack: After our discussion regarding the proposed completion dates for construction of the bridge, I reviewed the schedule to see what LAA can do to expedite completion of the design. Our present schedule for the bridge design is 26 weeks. This can be reduced to 22 weeks without a change in the fee. If you want LAA to work overtime, I can reduce the schedule for the bridge design to 16-18 weeks, but there will be an additional fee of $7,600.00. The proposed schedule does not include review time bv the City or its agents and is based on starting with the approved roadway geometry. I have also included an estimate of manhours and cost for the requested $5,000.00 increase in fee to revise the bridge (reference my letter dated February 8, 1996). This revision is required to prove 'de for potential flooding conditions in the existing channel. Pl.@--se rno a Call. Ial,,,2 an,, n,,.iest!--nE. Sincerely yours, LOBUONO, ARMSTRONG & ASSOCIATES Brittain Poteet III, S.E. Principal Bridge Engineer Enclosure G l@))5@PROPOSE\TEN4ECULA@MAP.S')6 LTR ESTIMATE OF HOURS FOR REVISION TO FIRST STREET BRIDGE, TEMECULA, CA Principal Bridge Engineer 16 hrs @ $123 p/h $1,968 Senior Bridge Engineer 8 hrs @ $98 p/h 784 CADD Techician 40 hrs @ $58 p/h 2,320 Tot2! $5@072 Ci.\I'r)5\PROPOSE',@CULA%MARS')6 LTR /At AGRA Earth & @AGRA Environmental, Inc. Earth & Environmental 1 Ncr, H,@.rcock Street Bcx 19,31-9 @-28' march 19 1996 Job No. 195-010 Norris-Repke, Inc. 3305 5 Vino Way Temecula, California 92591 Attention:Mr. Jack Norris Re:Request For Additional Fee First Street Extension Temecula, California This letter presents the estimated costs and labor associated with the proposed additions to the First Street extension project. Approximately 1,600 feet of 84-inch diameter storm drain is proposed along First Street, from the intersection of First Street and the Western Bypass Corridor easterly to Temecula Creek Channel. This storm drain improvement was not included within the original RFP, nor within the AGRA Earth & Environmental, Inc. (AEE) proposal. Additionally, due to recent design changes to the bridge structure at Temecula Creek, the retaining wall located along the southeast side of First Street has been lengthened to about 200 feet and the maximum height increased to 20 feet. In order to provide geotechnical recommendations for the additional improvements, AEE proposes to drill an additional rotary wash boring to about 40 feet in depth, perform laboratory testing, and engineering analysis. We respectively request that our contract amount be increased by $1,600.00. Thank you for your attention in this matter. If you should have any questions, please contact this office. AGRA Earth & Environmental, Inc. Douglas R. Bell Supervising Engineer GE 2140 (Expires March 31, 1 999) Encl.: None c: Mr. Jack Norris, Addressee (2) Engineering & Environmental Services ITEI\4 3 APPROVAL CITY ATTORN FINANCE DIRE CITY MANAGI TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO:Executive Director/Redevelopment Agency Members FROM:Joseph Kicak, Director of Public Works/City Engineer DATE:July 9, 1996 SUBJECT:Agreement for Professional Service with Robert Bain, William Frost & Associates for Interchange Improvements at Interstate 15 and State Route 79 South Southbound Ramps PREPARED BY:Don Spagnoio, Principal Engineer - Capital Improvements John Pourkazemi, Associate Engineer RECOMMENDATION: That the Redevelopment agency: 1Approve and authorize the Chairperson to execute an agreement with Robert Bain, William Frost & Associates to provide professional engineering services for the preparation of a Project Study Report and Project Report for interchange improvements at Interstate 1 5 and State Route 79 South southbound ramps for an amount not to exceed $175,252.00and 2.Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $17,525.20. BACKGROUND: The Interstate 15 (1-15) and State Route 79 South (SR79S) interchange southbound offramp serving vehicular traffic destined to the east on SR79S is evaluated to operate at LOS F and significant increases in southbound vehicular left turn movement volumes at the offramp are expected with General Plan build out conditions. The build out projection and traffic analysis indicate that these left turn conflicts combined with heavy through traffic movements on SR79S would eventually and ultimately exceed the capacity of the currently planned Assessment District 159 improvements at this interchange which would at this time provide adequate capacity for the short-to-medium range traffic demand. Also, once Western Bypass Corridor is constructed, an intersection will be formed at First Street. The intersection spacing between Front Street and 1-1 5 offramp will not satisfy Caltrans' requirements because it will be too close. City will proceed with construction of the improvements as described and Caltrans agreed to approve this interim intersection configuration but requested that additional offramp, cross street widening and/or optimum interchange configuration be evaluated to improve the build out operating conditions to acceptable levels and also effectively negate the closely spaced r:\agdrpt\96\0709\1-1 5/SR79S/ajp intersections of the 1-1 5 southbound offramp at SR79S to Front Street which will be formed when the Western Bypass Corridor is constructed. Since the proposed improvements would impact a federal highway, Caltrans' and Federal Highway Administration's (FHWA) approvals have to be obtained. Therefore a Project Study Report (PSR) and Project Report (PR) would have to be prepared and approved in compliance with the said agencies' requirements prior to proceeding with the final improvement plans and construction. Robert Bein, William Frost & Associates' scope of work is described in the attached exhibit to the contract agreement. FISCAL IMPACT: Funds have been appropriated in the Capital Improvement Program for the anticipated amount of $192,777.20.This project is being funded by Development Impact Fees (DIF). Attachmeal: 1 . RBF Contract Agreement -2- r.\agdrpt\96\0709\1-15/SR79S/ajp A TTA CHMEN T NO. I Contract Agreement CITY OF TEMIECLTLA AGRE FOR CONSULTANT SERVICES PROFESSIONAL SERVICES WrM ROBERT BEIN, WILLIAM FROST a ASSOCIATES(RBF) FOR THE PROJECT STUDY REPORT (PSR) AND PROJECTREPORT (PR) FOR LV=CHANGE MORO ATTATE 15 AND STATE ROUTE 79 SOUTH (1-151SR79S) SOUTHBOUND THIS AGRE T, is made and effective as of June 25, 1996, between the City of Temecula, a municipal corporation ("City") and Robert Bein, William Frost & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1.TERM. This Agreement shall commence on June 25, 1996 and shall remain and continuein effect until tasks described herein are completed, but in no event later than June 25, 1998,unless sooner terminated pursuant to the provisions of this Agreement. 2.SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PA T. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed one hundred and seventy five thousand two hundred and fifty two dollars ($175,252.Qo for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no -1- r-.\po \m=kl9%\0610b event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the Redevelopment Agency. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice toConsultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5.SUSPENSION OR TERMINATION OF AGREEMENT OUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6.DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. -2- r. \m=kl9%\06]Ob 7.OWNERSHILP OF DOC a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. Al] such records shall be maintained in accordance with gene@y accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make =scripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. CATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any Idnd or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a.Minimum Scol& of Insurance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2)Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). -3- r\po \mm\19%kO6lOb (3)Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3)Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4)Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1)The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2)For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, -4- r.\po @\1996\0610b employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3)Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4)The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5)Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Accgptabilily of Insurer. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f.Verification of Coverage. Consultant shall furnish the City with original endorsements effectingcoverage required by this clause. The endorsements are to be signed by a person authorized bythat insurer to bind coverage on its behall The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10.INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. -5- r- \mm%19%\0610b II. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12.RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary' provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City:City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention:Ronald E. Bradley City Manager To Consultant:Robert Bein, William Frost & Associates 14725 Alton Parkway Irvine, California 92718 Attention:John F. Boslet Vice President - Transportation -6- r-. \ @\ 1 9%\061 Ob 14. ASSIG The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only John F. Bos@ shall perform the services described in this Agreement. John F. Boslet may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of John F. Boslet from Consultant's employ. Should he leave Consultant's employ, the city shall have the option to imme,--4iately terminate this Agreement, within three (3) days of the clos-- of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Redevelopment Agency and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. -7- @\19%%0610b 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS VIHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CM OF TEMEECULA Patricia H. Birdsall Chairperson Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT John F. Boslet Vice President Transportation Robert Bein, William Frost & Associates -8- r.\ \m=\19%\0610b EXHIBIT A TASKS TO BE PERFO MED -9- r.@ @kl996\0610b EXHIBIT "A" 1-15/SR-79 WORK PROGRAM A Project Development Team (PDT) will be formed to act as a steering group during the course of the study. The team will be formed and function as defined in the Caltrans Project Development Procedures Manual. RBF will provide staff to the team for preparation of agendas, coordination of presentations and preparation of meeting notes. The proposed work program has been divided into three phases. Phase 1 will include conceptual desif'n analysis of 3 alternative interchange concepts. After conceptual review and approval by Caltrans and FHWA, Phase 2 of the Work Program will include preliminary design refinement of the 3 alternative interchanges and preparation of a PSR. Phase 3 will include environmental studies, additional design modifications based upon those studies and preparation of a Draft Project Report and Project Report. Phase I - Conceptual Design 1.1Conduct Field Review This task will include a reconnaissance of the existina conditions as they relate to the as-buflt and existing aerial mapping. Discrepancies will be noted and where possible, dispositioned. Photographs from the field reconnaissance will be assembled. 1.2.Review RCR and DSMP The Route Concept Report, (RCR), and the District Systems Management Plan, (DSMP), will be reviewed. Proposed interchange improvements will be coordinated with the anticipated ultimate transportation development plan. Appropriate information from these documents will be distributed to the PDT and incorporated into the Technical Memorandum and PSR. 1.3Review Related/Adjacent Studies A review of project historv files, previous and adjacent studies will be conducted to gather any background information available. This information will provide additior il identification of potential projects issues and will be incorporated as appropriate, into the Technical Memorandum and PSR. 1.4Review Trafric Study Review projected traffic volumes and impacts to 1-15/SR-79 South interchange to be provided by the City of Temecula. The purpose of this task will be to identify modifications that will be needed to improve the existina 1-15,/SR-79 interchange. Prepare an issue paper which identifies potential improvement concepts to be explored in Task 1.6. JN 32637 1.5Base Mappina 4n Establish survey ground control for aerial pliotocri-aph. All surveys will be performed in accordance with the current Calti-ans Sui-vev Manuals. Work not covered bv the manuals will be performed in accordance with accepted professional surveyinc, standards as approved bv Caltrans. Interc,i-aph scaled photozi-apliy and ma(ynetic tapes contaiiiin- complete topographic maps in Calti-ans'CADD format will be developed. Metric mapping will be developed at 1.0 meter contour intervals at a metric scale of 1:1000. Limits of mappina covei-ace will include existiiie, interchange area and additional coverage to include southwest quadrant expanded to proposed Front Street intersection and 1-15 mainline to the Santiaao Road Overcrossinc, 1.6Conceptual Engineering Studies Conceptual Enoineerinc, Studies will be initiated which will primarily focus on the phvsical characteristics of the project area. The constraints of the project site will be identified and located. The anticipated enaineei-in!z features, desi(yn footprint, and standards for up to four (4) candidate alternatives will be developed at a metric scale of 1:1000. Geometric studies will focus on horizontal and vertical constraints and des'](Yn envelopes. Calti-ans, Citv, Couiitv, and AASHTO standards will be referenced into the geometric standards. 1.7Technical Memorandum and Concept Presentation Prepare a technical memorandum which summarizes the opportunities and constraints associated with the intei-clian2e concepts prepared in Task 1.6. Rouah order of magnitude cost estimates will be prepared. Identify the appropriate Calti-ans project development process. The following pleases of the Work Pro(ii-am assume preparation of a separate PSR, PR and Environmental Document. If it is acceptable to Calti-ans a combined PSR/PR will be prepared for a reduced fee and with a shoi-tel- processing schedule. 1.8Meeting Attendance RBF will attend up to four (4) meetings dui-inc, Phase 1 of the Work Pi-oui-am. JN 3263", Phase 2 - Project Study Report (PSR) 2.1Obtain/Input Existing Data Existing data will be researched, obtained and input into the project's CADD data base. Included are: 0Existing Right-of-Way Maps and Parcel Ownership Data Necessary right-of-way maps will be obtained from Riverside Countv, Caltrans, City of Murrieta and City of Temecula. Property ownership from assessor records, assessor parcel numbers and parcel size will be researched. The riaht- of-way data will be graphically plotted onto the base maps. The area will be limited to parcels with potential right-of-way takes. nAs-Built Mapping As-built maps of the freeway and adjoining roadwavs will be obtained from Caltrans and City of Temecula. Utility Information Contacts with all utility agencies/owners having facilities within the project area will be made. Utilities which may impact the project will be plotted on the base plans. Planned utility improvements NAII be ascertained. The base maps will be forwarded to each utility agency/owner for review, correction and certification of correctness. The utility research will be isolated to areas likely to be affected bv the proposed interchange alternatives. 1 2.2Traffic Forecasts/Existing Operational Analyses Existing and design year traffic supplied by the City of Temecula will be reviewed by RBF. RBF will conduct an analysis of ramp and intersection operations. This analysis will be conducted utilizing either the ICU or HCM method as directed bv the City and Caltrans. 2.3Preliminar-y Envir-onmental Evaluation Enviroromental issues that may require future detailed study or that may delay or affect the viability of an alternative will be identified. Preliminary assessments of the impacts, potential mitigation measures and costs that could be required for each impact will be made. The most appropriate Environmental Document, processing procedures and schedule will be identified. The resultant memorandum will become the work scope for the required future environmental assessment and will be done in adequate detail to meet that goal in addition to complying with all applicable Caltrans requirements. JN 32637 2.4Review for ISA Determination Caltrans' screening process will be utilized to determine if an Initial Site Assessment for hazardous waste will be required. Generally, in accordance with Caltrans guidelines, projects not requiring new right-of-way, significant excavation, structure demolition or modification, or utilitv relocation have a low risk of hazardous waste involvement and may not require an Initial Site Assessment (ISA). 2.5Perform Initial Site Assessment If not cleared in the screening process, a Phase I Initial Site Assessment (ISA) will be performed. In accordance with Caltrans requirements and ASTM standards, the ISA will investigate previous land use and potential contamination sources that may affect the project such as dumps, landfills, debris areas, chemical use or storage areas, recorded spill areas, hazardous waste sites (generators and treatment, storage or disposal facilities), surface water discharges, transformersrage or dispensing facilities, above or underground tanks and groundwater contamination or treatment areas. The geologic, hydrogeolooic and topoataphic features will also be generally described. The investigation @] utilize, as appropriate, a one-mile radius study area in order to locate sites with the potential to impact the project, based on a governmental records database search. The scope of work will include: Review of existing data, includin2 aerial photos and agencv records Perform a site reconnaissance Determine need for lead samplinc, Prepare a report summarizing the results of the investigation This information will be based on review of existinc, data and various data base searches. No drilling and sampling or chemical testing is anticipated during the PSR stage. 2.6Develop Preliminar-y Interchange Geometry Preliminary layouts of three (3) alternatives will be prepared. Geometric information will be developed including plans and profiles at a metric scale of 1:1000. ZD Preliminary right-of-wav needs will be determined and plotted on the Preliminary Geometric Layouts for @he selected alternative. The information shown on the maps will include: JN 32637 Assessor Parcel Numbers High Risk and Low Risk Utilities Proposed Right-of-Way Lines Limits of Access Control Property Ingress Modifications Railroad Requirements The information will be shown for Caltrans' use in preparing the Riaht-of-Wav Data Sheets for inclusion in the PSR. Typical cross sections will be prepared. Sections for 1-15, entrance and exit ramps, and the proposed overcrossing will be prepared. Based on Caltrans, Temecula and Riverside County standards, a conceptual drainage review will be conducted. Conceptual design of schematic system layouts for the project area including freeway systems, local street drains and the regional flood control facilities will be prepared. New systems or upgraded system requirements will be estimated. Impacts on e)dsting utilities will be determined for each alternative. Potential relocation cost estimates will be developed by Caltrans as part of the Right-of-Way Data Sheets. The responsible agency will be identified and contacted. Probable utility relocations will be plotted. High and low risk utilities will be identified in accordance with Caltrans' Standards. 2.7Construction Tr-affic Impact Analysis Identify potential construction traffic impacts and potential mitigation measures. Miticration measures could include recommendation of a Traffic Manacement Plan (TMP) or physical improvements. 2.8Advance Planning Study An Advance Planning Study for potential structural improvements will be conducted in accordance with Caltrans standard procedures. Two (2) Advance Planning Studies are included in this task. 2.9Establish Permit Requir-ements The project alternatives will be evaluated for necessary permit requirements. These permits mav require mitigation actions, necessitatin identification in the PSR process. 9 Agencies and entities requiring permits will be identified and where applicable, contacted to confirm permit requirements. JN 32637 2.10Draft Pr-oject Study Repor-t (PSR) A draft PSR will be prepared in accordance with 6th Edition of the Caltrans Project Development Procedures Manual. Project costs will be developed in conformance with Caltrans Guidelines. Cost estimates will be prepared on a unit price basis for each of the alternatives using the Caltrans format. Structural cost estimates will be developed as part of the Advance Planning Studies and incorporated. Separate costs for right-of-way and utility relocations will be supplied by Caltrans. 2.11Circulate Draft PSR Tle draft PSR will be circulated for oversight review conunents. Caltrans will circulate internally for functional group review and comments. The PSR will also be circulated to the PDT and other affected agencies. 2.12Prepare Fact Sheet Exceptions to design standards will be prepared detailing all non-standard design elements of viable PSR alternatives. These will be prepared in close coordination with and reviewed by Caltrans. Revisions will be made as appropriate and the final desi2n exception documentation will be prepared. 2.13Final PSR RBF will provide project team coordination during the review and approval process for the PSR. Comments will be addressed and revisions made as appropriate. 2.14Project Management This task includes budcyet for overall project management, liaison with affected agencies, PDT leadership and management, progress monitoring and maintenance of project files. Agency Liaison A number of agencies, organizations and consultants are involved in this project An important consideration is to assure liaison with the key players for the project. RBF will lead the PDT's effort and interface with organizations and other firms. A budget for meetings with City staff has been included in this task. Meeting schedules will be combined to allow a single meeting for multiple purposes. JN 32637 Project Development Team (PDT) N,Ieetings RBF wfll be a membei- of and attend montlilv meetinos of the PDT. The PDT will guide the study in accordance with t@e Calti-a-ns Project Development Procedures Manual. RBF will ai-rance meetincs, provide discussion materials and aoendas and develop and distribute meetin(y notes. Progress Reports Moiitlil pi-oizi-ess i-epoi-ts,,vill be prepared to document proai-ess on the project. y The report will consist of the followiiiq: 9 Work accomplished during the reporting period 0 Work anticipated dui-inc, the next i-epoi-tina period 0 Issues 0 Impacts 0 Proai-ess Schedule 2.15Approved PSR Obtain Calti-ans approval foi- Final PSR with Calti-ans and reproduce copies of approved and signed PSR. Phase 3 - Project Report and Environmental Document 3.1Geometric Plans Pi-eliminai-v encrineei-inc, (yeometi-ic plans will be prepared foi- the preferred project alternative at a metric scale of 1:500. Plan, profile, and superelevation drawincs and diagrams and,,vill be prepared foi- the new fi-eewav i-amps, auxiliary lanes, ovei-cl-ossing and revised Citv streets. The desicns will include oeometi-ic descriptions, such as centerline bearinc, and i-adii-. vertical (Trades and alignment cut and fill slopes: and existin(r and proposed richt-of- way lines. 'ne di-awinc, -will provide sufficient detail to allow identification of the scope of the alternatives and impacts on the sui-roundidc, environmental and to support the development of cost estimates. RBF will also prepare typical road and i-amp sections sliowina lane widtlis, sliouldel- widtlis, median widtlis, slopes, and di-ainaae facilities. JN 32637 3.2Drainage and Flood Control Study RBF will review available as-built di-awinas, floodplain, and flood wav maps to determine the impact to existin(y drainage facilities and storm drain svstem modifications to be constructed as part of the project. 3.3Project Report Prepare a Di-aft Project Report (PR) based upon the guidelines contained in the Calti-ans'@-oject Developni(-,ni PI-oceciiii-es Mantial. In general. the PR will contain much of the same information as the approved PSR with more I lioliiv defined en2ineerin2 that provides horizontal and vertical control. 1:500 metric scale di-awin2s, including plan and profile of the project proposal and any alternatives undei- consideration. A discussion of cooperative features, iiicludin2 the financial aspects of tile project. The Di-aft PR will address the following additional topics: 0 A discussion of park and i-ide facilities. * Impacts of the project on motorized transportation and pedestrians. 0 Impacts of the project on oversized loads. 0 Impacts of the project on navigable waters. 0 Impacts of the project on wetlands and floodplain. 0 Permitting that will be required. 0 Interim features that may chance with future projects. 0 Disposition of existing facilities. * Summary of i-iaht-of-wav impacts studies. I 0 Summai-v of railroad and utility studies. 0 Conservation of energy and otliei- renewable resources. 0 Pi-oloncred temporary access modifications. 0 Hazardous wastes and materials. 0 Traffic management plans. 0 Draft Cooperative Aci-eei-nent. A Final PR will be prepared aftei- approval of the Environmental Document. JN 32637 Environmental Document Environmental documents will be prepared in accordance with the Caltrans Environmental Handbook, and allowing for Caltrans review of interim products and close coordination with Caltrans and City staff on methodology and document format. Based on a field visit and review of available information, RBF has assumed that the appropriate environmental document wfll be an EA/FONSI. Should federal funding not be necessary, the Ci@, would realize significant time and cost savings by preparing an Initial Study/Miticated Negative Declaration for City adoption, after which Caltrans would issue environmental clearance under the National Environmental Policv Act (NF-PA). This would eliminate the cost and time involved in Caltrans review of inte documents, OEA and FHWA review, and the additional cost associated with Caltrans reports. However, for the purposes of this proposal, the following scope of work assumes preparation of an EA/FONSI. The overall approach to the Environmental Assessment/FONSI will be to document existinc, conditions, identify potential impacts, and develop mitigation measures to reduce potential impacts to less than significant levels, in support of a Mitigated FONSI. Should the Environmental Assessment (EA) indicate that one or more impacts may remain significant following mitigation, RBF will prepare a Environmental Impact Report (EIR) in accordance with the California Environmental Quahtv Act (CEQA), or Environmental Impact Statement (EIS) in accordance with the National Environmental Policv Act (NF-PA). However, for the purposes of this Scope of Work, it is assumed that an EA/FONSI is the appropriate environmental process. 3.4Issue Notices of Preparation and Intent Pre are all required notices and distribution lists for Citv review and approval, although we assume that Citv staff will handle newspaper noticinc,. This task will include earlv consultation with affected agencies. 1 3.5Public Participation and Meetings Participate in staff meetings throughout the process (up to four are assumed for the CEQA/NF-PA process). In addition, RBF will attend up to two public hearings and one scopino, meeting. RBIF will assist Citv staff in developing materials for the public meetings, and will make presentations at these meetincs as requested. 3.6Envir-onmental Analysis 3.6.1Initial Site Assessment (ISA) RBF will incorporate the ISA prepared in Phase 1. JN 32637 3.6.2Noise RBF will prepare this analysis in accordance with Caltrans requirements, addi-essin!Z both consti-uction-related noise and changes in operational noise levels associated with pi-oject-related traffic. RBF will take on-site noise i-eadinszs, and will project future noise levels usina FHWA-RD-77-108. The study will indicate areas of potential impact and recommended noise attenuation (conceptual) to meet City and Calti-ans standards. The primary area of concern is existina commercial development adjacent to the interchange. 3.6.3Air Quality RBF N-vill prepare this analvsis in accordance with Calti-ans and SCAQMD requirements. The analysis will address consti-uction-i-elated emissions and operational emissions, including a CALINE4 Carbon Monoxide analysis at two intersections for up to four receptors per intersection. RBF will also address project conformity with the Aii- Qualitv Manaaement Plan and Recional Transportation Improvement Plan. 3.6.4Aesthetics Assu@nc, that the orade of the bridoe will not chance substantially, this is not expected to be a major issue. RBF will address consti-uction-related li2ht and glai-e and vehicle sta2ing areas. The discussion will be provided in the EA checklist response, and will include site photographs, a description of potentially affected areas, and recommended @ti2ation measures including landscaping treatments. Realistic computer-cenei-ated renderings can be provided under a separate scope of work (see attached Representative Project examples). 3.6.5Landforiii Alteration Assumin2 that the footpi-int of the bi-idue will not cliaii(ye substantially, this is not expected to be a major issue. The primary discussion will be on erosion control and unsuitable soils. The discussion will be provided in the EA checklist response, and will include aesthetic considerations. 3.6.6Water Quality/Resources Potential impacts to watei- courses and increased pollutant discharge will be discussed in the EA checklist response, as well is current NPDES requirements and associated mitigation. 3.6.7Flood Plain/Location Hydraulic Study This section will incorporate the results of the di-aiiiace stildv conducted in Task '3 JN 32637 3.6.8Tra nsportati o n/Ci r-culatio n T'his section will address motor vehicle traffic and associated issues, as well as bikes, pedestrian access and related issues. The EA checklist response will address existinc, and proposed local circulation, which is expected to be positively affected by the project. RBF will also address construction-related traffic controls to minimize congestion, as well as any construction-related or operational effects to local business access. 3.6.9Parking/Access The EA checklist response will address potential affects on existinc, parkinc, and access. 3.6.10Public Ser-vices/Utilities Based on correspondence with affected agencies, RBF will identify utility constraints associated with the project, and necessary modifications and/or relocations. 3.6.11Construction Impacts This section will summarize construction-related impacts, includinp- noise, dust, safety, access, traffic congestion and aesthetics. 3.6.12Relevant Planning RBF will identify the project's relationship to relevant planning documents such as the City General Plan, Air Quality Management Plan, and Congestion Management Plan. 3.6.13Biological and Cultur-al Resour-ces Dependinc, on the alternative selected, a V-Rat survey may be necessary for the loop ramp. However, for the purposes of this proposal, we have assumed that no historic resources would be affected and that biological or cultural resource surveys are not needed. Draft Environmental Document Activities T'his portion of the EA/FONSI work program will include research and investigation, and environmental documentation. Based on preliminary scoping with Caltrans and the City, RBF anticipates the work effort to include preparation of an Environmental Assessment (EA) and a FONSI. RBF proposes to perform the following tasks in order to carry out the EA/FONSI work effort. JN 32637 3.7Screencheck EA/FONSI - Site Reconnaissance/Resear-ch and Investigation Prior to the commencement of the EA writing efforts, RBF will conduct field research onsite and in surrounding areas to identify the existing environmental setting of the project area and to investigate the applicable environmental issues to be addressed within the EA. The data obtained during field research will become part of the foundation of the EA and will be analyzed carefully to determine the potential environmental impacts associated with implementation of the proposed Project. As part of the research phase, RBF will compile and review the existing environmental documentation prepared for the project site and surrounding areas. Regional planning documents will be examined as they relate to the Project area, including the City General Plan. Information obtained in this task will be incorporated into the EA, where relevant. RBF will prepare an Environmental Assessment (EA), based on the Caltrans Environmental Handbook. The EA work program will consist of the following subtasks: 3.7.1Purpose and Need for the Project This section will describe the purpose and need for the project, including existing traffic volume, capacity and safetv issues. 1 3.7.2Desciiption of the Proposed Project Based on Project Study Report data, the Project Description section will define the scope, location and characteristics of the proposed project. Permitting requirements and the phasing schedule for the proposed Project will also be discussed in this section. Based on consultation with Citv Staff, anv additional information related to project design and implementation will be incorporated into this section. Also discussed will be funding source(s), cost estimate, and Project Alternatives. 3.7.3Description of Environmental Setting Based on information obtained in Task 3, this section wil- characterize the existing environmental setting of the project site and surrounding areas. Tle environmental setting will provide a general description of existing conditions related to the issue areas to be addressed within the environmental assessment. 3.7.4Environmental Evaluation RBF will complete an environmental checklist for the proposed Project, using the standard evaluation format provided by Caltrans. Following completion of the checklis@ issue areas identified as potentially impacted by the proposed Project will be provided a more detailed explanation. Mitigation measures to reduce the significance of potential impacts will be reconunended in direct correspondence to the appropriate JN 3263'@ impact identified. It should be noted that this task includes incorporation of available studies. All issues identified in the Environmental Analvsis above will be addressed in the EA (issues not discussed below are assumed to require onlv brief qualitative checklist explanations). 3.7.5Consultation and Coordination RBF will consult with responsible agencies and list information meetings and hearings held for the project. 3.7.6List or Preparers This section will list principal contributors to the EA. 3.7.7Determination RBF will coordinate with the City and Caltrans on completing a formal determination for the EA, which is anticipated to be a FONSI. 3.8EA Revisions Following review of the Draft EA by the Citv and other responsible agencies, RBF will respond to and incorporate one complete set of revisions to the EA. 3.9Mitigated FONSI It is anticipated that the Environmental Assessment will indicate that no long-term significant environmental impacts will occur following implementation of mitigation measures for the proposed Project. Following this determination by the City, RBF will prepare a NEtigated FONSI for the proposed Project. This Task will be completed in accordance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act. RBF will prepare and distribute the FONSI (to be attached to the Environmental Assessment) and required public notices. It should be noted that a FONSI may be prepared, onlv if determined t @ the City that the Project will not significantly impact the environment following mitigation. If the Project will cause significant environmental impacts, RBF could prepare an EIR/EIS under a separate scope of work and cost estimate. 3.10Firial Environmental Document RBF will respond to incorporate public comments into the Draft FONSI and submit for review and approval to the City, Caltrans, OEA and FHWA. JN 32637 3.11Mitigation Monitoring Program To comply with the Public Resources Code Section 21081.6 (Assembly Bill 3180), RBF will prepare a Mitigation Monitorinor Program to be defined throu-h workina with City Staff. The Program will serve to identify appropriate monitoring steps/procedui-es and to provide a basis for monitoring such measures during and upon Project implementation. Actual monitoring is not proposed as part of this work scope. 3.12Meeting Attendance Attend up to twelve (12) meetings with the Project Team, Caltrans and others as directed by the City during the implementation of the Work Program. 3.13Monthly Progress Report and Project Management Submit monthly prooress reports which include progress to date, identification of problem areas, evaluations, recommendations and steps the Citv may follow to resolve problems. Prepare a target versus actual schedule. Copies of all correspondence will be submitted to the City. Work under this task assumes the preparation of twelve (12) monthly progress reports. 3.14Approved Final Project Report Obtain Caltrans approval for Final Project Report with Caltrans and reproduce copies of approved and signed Final PR. JN 32637 z z ui z (6 UJ (n z < > rL < < z cn LL, U) o 2 >- Z -J 0 < a: Z 5; < z LLJ w z w LLJ M o cc uj CL w 0 0 cc Z Co x 0 Lc LU LU n z 0 0 a. < LO a: m 0 < z E z < < cc CO CD c cn C-) cr. LU ui Z z w o co < z 0 cc Q) F- ui LLJ 0 2 0 z LU LL < N cn -J LL Z (L 0 Lf) c < cc o Z3 x LLI E c m CD E a) cn co c m .C CL c CD 4) 0 cm 0 2 0 >1 'o , a. u C 'm r- M - a) 0 oc '6 CO C c E 'm Q) C, U) c 0) E 0) m co U) c 'O E 2 r_ c: CL m CM C.: u c- z ID c a., cc 0 C EL cr -6 m a LU EL c MC -0 IL -C E 0 0 0 a) 'a U) -0 In E C, -LO I;D 0 0 co Z -E m r 0 0 c ! c, .2 0 LL ID CL 0 m CL L LL U) E c: LLJ Er LL c 0- Z 0- r LU @C > c CL 0 LL a) oc 5: 2 C" LLJ 0 c C', a) < EL a. En LU 0 -0. .0- a. Lu cn w 0 U) cn cli LI) co C3) < (L iL 0 C) ui Cl) In (D L) c,) 'D CL Lq - - - - - - - - - - - - - - - CL C-i " cm cli (L EXHIBIT B PAYMENT SCHEDULE -10- r: \pourkaze\znemkl 996\061 Ob EXHIBIT B 'Robert cBeiQ, William @ost 6& c9ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS HOURLY RATE SCHEDULE Effective January, 1996 OFFICE PERSONNEL Principal Project Director Structural Engineer S 140.00 I 125.00 110.00 Project Manager/Project Engineer 100.00 Corrosion Engineer 90.00 Senior Engineer/Planner 90.00 Senior Designer I 78.00 ....................... 70.00 Desi= Engineer/Designer/Mapper (CADD) ...... 68.00 Environmental Manager Senior Drafter/Technician 63.00 ..... 57.00 ............ Financial Analyst Designer/Planner 58.00 Drafter/Graphl'c Artist 53.00 Environmental Analvst/Staff Plinnei 51.00 Engineering/Planning Aide 40.00 FIELD PERSONNEL 3-Man Survey Crew S 210-00 155.00 2-Man Survev Crew ..... 98.00 Field Supervisor CONSTRUCTION MANAGEMENT $ 120-00 .............. Construction Managei Field Superintendent 90.00 Resident Engineer/Pi-oject ManaLer 88.00 78.00 Assistant Field Superintendent Senior Constniction Inspector 75.00 Construction Inspector 70.00 Field OfFice Engineer 65-00 Construction Technician 55.00 COMPUTER & OTHER SERVICE FEES Computer Aided Design and Di-afting 35.00 P.C. Work Station 15.00 ClericaVWord Processing 40.00 Consultation Relative to Legal Actions . . . .. - 250.00 Vehicle Mileage 0.35/Mile Note: Blueprinting, rcproductiorl messenger ser-.,ice and other direct expenses %@ill be ch@@r2ed as an additional cost. A Subconsultant \Ian@,igement Fee offincen- (15%)will be @clixi to the direct cost of all su@-onsultant services to pro% idc @or the cost ol'administration. subconsultant consultation and insurance. 14725 ALTON PARK\,VAY - P 0 E30X 57057 - IRVINE, CALIFORNIA 92619-7051, - (714) 472-3505 - F,4X @714) 472-8373 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEI\4 1 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY @AGER OLD TOWNIWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AGENDA REPORT TO:Authority Members FROM:Ronald E. Bradley, City Manager DATE:July 9, 1996 SUBJECT:Annexation of Territory to Old Town/Westside Community Facilities District No. 1 (Old Town Area Public Improvements) RECOMMENDATION:That the Board of Directors do the following: 1 . Hold a public hearing on the annexation of territory to the Old Town/Westside Community Facilities District No. 1 (Old Town Area Public Improvements). 2.Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1, AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS. 3. Hold a special election of the landowners in the territory proposed to be annexed to Community Facilities District No. 1. 4.Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/ WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION NO. 1, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN. R.- INORTONL LA GENDASIFNCGTAXA GN 06128196 BACKGROUND: On April 23, 1996, the Authority formed the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the 'CFD'). On May 28, 1996, the Authority adopted a resolution of intention to annex territory to the CFD which called for a public hearing on the proposed annexation. Notice of the hearing has been published as required by law. Staff recommends that the Authority hold the public hearing and adopt a resolution calling for an election of the affected property owners on the proposed annexation. Ballots for the annexation election have already been mailed to the eligible landowner voters, and have been returned to the City Clerk. The eligible voters include all landowners within the boundaries of the land to be annexed to the CFD, as such boundaries are indicated on a first annexation boundary map for the CFD which has been recorded with the County recorder. If the eligible landowner voters approve the ballot measure by more than two-thirds of the votes cast, the Authority will be able to include the new territory in the CFD and levy special taxes on such land and then only if such land has been conveyed to T.Z.B.G., Inc. or BFD/OTEP during the one-year period following April 23, 1996. By law, the landowners are given one vote for each acre of land or portion thereof that they own within the boundaries of the land to be annexed to the CFD. 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 annexation, 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. Attachments: Resolutions (2) R.'INORTONLIAGENDASIFNCGTAX.AGN 06128196 RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES.DISTRICT NO. 1, AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUAL ELECTORS WHEREAS, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the 'Authority') on May 28, 1996, adopted a resolution entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Annex Territory to Community Facilities District No. 1 and to Authorize the @ of Special Taxes Therein' (the 'Resolution of Intention') stating its intention to annex the territory to the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the 'District"), pursuant to the MeRo-Roos Community Facilities Act of 1982, as amended (the 'Act"); S, a copy of the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the territory to be annexed to the District and stating the facilities to be provided and the rate and method of apportionment of the special tax to be levied within the District and the territory proposed to be annexed thereto, is on file with the Secretary of the Authority and the provisions thereof are fully incorporated therein by this reference as if fully set forth herein; WHEREAS, on the date hereof, this Board of Directors held a noticed public hearing as required by the Act and the Resolution of Intenfion relative to the proposed annexation of territory to the District; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pe@g to the annexation of territory to the District and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; AS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the District by (i) 50% of more of the registered voters, or six registered voters, whichever is more, residing in the existing District, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to the District, or (iii) owners of one-half or more of the area of land in the existing District, or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed to the District; and WHEREAS, the map showing the proposed boundaries of Annexation No. 1 to the District has been filed with the County Recorder of the County of Riverside, which map shows Resos.FA/006 the territory to be annexed in these proceedings, and a copy thereof is on file with the Secretary of the Authority. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. AR prior proceedings taken by this Board of Directors with respect to the District and the proposed Annexation No. 1 of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act. 2. The description and map of the boundaries of the territory to be annexed to District, as described in the map of Annexation No. 1 to the District on file with the Secretary, are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the district, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided. 3. The provisions of the Resolution of Formation of the District, entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Fon-nation of Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements), 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' and as heretofore adopted by this Board on April 23, 1996, are by this reference incorporated herein, as if fully set forth herein. 4.Pursuant to the provisions of the Act, the proposition of the levy of the special tax within theterritory to be annexed to the District shall be submitted to the voters of the area to be annexed tothe District at an election called therefore as hereinafter provided. 5 . This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Board of Directors for the purposes of these annexation 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 within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District. 6.Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under Section4000 of the California Elections Code. This Board hereby determines that paragraphs (a),(b), (c)(1), and (c)(3) of said Section 4000 are applicable to this election. Re@.FA/006 2 7. The Board hereby calls a special mail ballot election to consider the measure described in the ballot referred to in paragraph 8 below, which election shall be held in the meeting place of this Board of Directors immediately following the adoption of this Resolution. 8. The Secretary of the Authority is hereby appointed as the election official to conduct the election, and she has caused to be provided to each landowner in the territory to be annexed to the District a ballot in the form of Exhibit A hereto, which form of ballot is hereby approved. 9. The Secretary of the Authority shall accept the ballots of the qualified electors received prior to or immediately following adoption of this Resolution, whether received by mail or by personal delivery. 10. This Board hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement as provided in the voted ballots and the Secretary has concurred in said waiver. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 9th day of July, 1996. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC Authority SecreLuy/City Clerk Resos.FA/006 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. FA 96- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 9th day of July, 1996, by the following roll call vote: AYES: BOARD MEMBERS: NAYS: BOARD MEMBERS: ABSENT:BOARD MEMBERS: June S. Greek, CMC Authority Secretary/ City Clerk Resoa.FA/006 4 EXHIBIT A OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) ANNEXATION NO. 1 OFFICIAL BALLOT SPECIAL TAX ANNEXATION ELECTION (July 9, 1996) This ballot is for special landowner election to annex territory to the district listed above. You must return this ballot, sealed in the accompanying postage paid envelope, to the office of the City Clerk of the City of Temecula, acting as the Secretary of the Old Town/Westside Community Facilities District Financing Authority. Please return the executed ballot sealed in the accompanying envelope to the City Clerk as soon as possible, but in any event so that it is received by the City Clerk by July 9, 1996. You may mail the executed return envelope with the ballot sealed inside, or hand deliver it to the City Clerk. The City Clerk's office is located at 43174 Business Park Drive, Temecula, California 92590. To Vote, mark a cross (X) in the voting square after the word 'YES' or after the word 'NO.' All marks otherwise made are forbidden. AR distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. BALLOT MEASURE: Shall the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) be authorized to levy special taxes within the territory YES: annexed to said District pursuant to and as described in the Resolution of the Old Town/Westside Community Facilities District Financing Authority NO: entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Annex Territory to Community Facilities District No. 1 and to Authorize the Levy of Special Taxes Therein,' adopted by the Board of Directors of said Authority on July 9, 1996? Resos.FA/006 5 By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and 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 Government Code. Number of Votes: Riverside County Assessor's Parcel Number of Property Owned: Property Owners: Re@.FA/006 6 RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTS]IDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION NO. 1, DE G VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN WHEREAS, in proceedings heretofore conducted by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the 'Authority') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the 'Act'), this Board of Directors has heretofore on this date adopted a resolution entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Annexation of Territory to Community Facilities District No. 1, Authorizing the Levy of a Special Tax and Submitting Levy of Tax to Qualified Electors' (the 'Resolution of Annexation'), calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to its Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the 'District') pursuant to Annexation No. 1; WHEREAS, pursuant to the terms of the Resolution of Annexation which is hereby incorporated herein by this reference, the special election has been held and the Secretary of the Authority has filed a Canvass and Statement of Result of Election, a copy of which is attached hereto as Exhibit A; and WHEREAS, this Board has reviewed the Canvass and hereby approves it. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this Board of Directors, all as described in the Resolution of Annexation. 2. Pursuant to the Canvass on file with the Secretary of the Authority, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds of the landowners voting at the special election. 3. Pursuant to the voter approval, said annexed territory to the District is hereby declared to be fully annexed to and part of the District and this Board of Directors may levy special taxes therein as heretofore provided in these proceedings. Resos.FA\007 4. It is hereby found that all prior proceedings and actions taken by this Board of Directors pursuant to the Act with respect to the District and the territory annexed thereto were valid and in conformity with the Act. Within 15 days of the date hereof, the Secretary shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside an amendment to the Notice of Special Tax Lien for the District in the form attached hereto as Exhibit B, as required by Section 3117.5 of the California Streets and Highways Code. PASSED, APPROVED AND ADO , by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 9th day of July, 1996. Patricia H. Birdsall, Chairperson ATI'EST: June S. Greek, CMC Authority Secretary, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. FA 96- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 9th day of July, 1996, by the following roll call vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAINED: BOARD MEMBERS: June S. Greek, CMC Authority Secretary, City Clerk 2 EXHIBIT A OLD TO@/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS) SPECIAL TAX ANNEXATION ELECTION NO. I CANVASS AND STATEMENT OF RESULT ELECTION I hereby certify that on this date I canvassed the returns of the election held on this date in the territory annexed to the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements), which election is designated as the Special Tax Annexation Election No. 1, and the total number of ballots cast in the territory to be annexed and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) Special Tax Annexation Election No. 1, July 9, 1996. 2 BALLOT MEASURE: Shall the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) be authorized to levy special taxes within the territory annexed to said District pursuant to and as described in the Resolution of the Old Town/Westside Community Facilities District Financing Authority entitled 'a Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Annex Territory to Community Facilities District No. 1 and to Authorize the Levy of Special Taxes Tberein,' adopted by the Board of Directors of said Authority on July 9, 1996? A-1 IN S WHEREOF, I HAVE HEREUNTO SET MY HAND this 9th day of July, 1996. By: Secretary, Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) A-2 EXHIBIT B RECORDING REQUESTED BY AND AFTER RECORDANON RETURN TO: Secretary Old Town/Westside Commiinity Facilities District Financing Authority c/o City Clerk, City of Temecula 43174 Business Park Drive Temecula, Ca. 92590 NOTICE OF SPECIAL TAX LIEN OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) ANNEXATION NO. 1 Pursuant to the requirements of Section 3117.5 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 Old Town/Westside Community Facilities District Financing 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 on the property described herein 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 acquisition and construction of public facilities and otherwise to pay the costs of such facilities directly and the costs of administering the below-mentioned community facilities district, all according to the rate and method of apportionment of special taxes set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Riverside, State of California on May 17, 1996 at the hour of o'clock p.m. as Document No. 182619, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated by this reference. This Amended Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) the lands set forth in that certain 'Annexation Map No. 1 to Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements), County of Riverside, State of California,' heretofore recorded on May 17, 1996at o'clock 13-1 a.m. in Book Maps of Assessment and Community Facilities Districts at Page in the office of the County Recorder of the County of Riverside, State of California. The assessor's tax parcel number of all parcels or any portion thereof which are included in this Amended Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof, as they appear on the latest secured assessment roU as of the date of recording hereof or as are otherwise known to the Authority are as set forth in Exhibit A hereto and hereby made a part hereof. 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 Treasurer of the Old Town/Westside Community Facilities District Financing Authority, 43174 Business Park Drive, Temecula, California 92590, telephone number (909) 694- 6444. Dated: 1996 By: Secretary Old Town/Westside Community Facilities District Financing Authority 13-2 EXHIBIT A ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN ANNEXATION NO. 1 TO OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS) Assessor's Name of P=erty Owners Parcel NQs. Rudolf Brose 922-034-033, Amanda Brose 922-034-034 3319 Avalon Street #96 Riverside, California 92509 Jon A. Moramarco 922-041-008, Cynthia E. Moramarco 922-041-009, P.O. Box 906 922-041-010 Temecula, California 92593 Jon A. Moramarco 501 Jean Marie Santa Rosa, CA 95403 Tony Moramarco 6089-2 Major Columbia, MD 21045 A-1 ITEIN4 18 APPRO CITY ATTORNEY DIRECTOR OF FINArtF, CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:Gary Thornhill, Community Development Director@@ DATE:July 9, 1 996 SUBJECT:Planning Application No. PA94-0107 Amendment and Restatement of Development Agreement No. 5 for Planning Area No. 16 (Final Tract Maps 22916 and 22916-3) within Specific Plan No. 199 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION:The Planning Commission recommends the City Council: 1. Adopt the Negative Declaration for Planning Application No. PA94-0107. 2.Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND COSTAIN HOMES, INC. FOR FINAL TRACT MAPS NO. 22916 AND 22916-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA94-0107) BACKGROUND On November 7, 1988 Development Agreement No. 5 was approved by the County of Riverside for the Margarita Village Specific Plan (S.P. 199) which includes Tracts 22916 and 22916-3. Costain Homes has approached the City to execute an Amendment and Restatement of this Development Agreement in order to receive a reduction in the Development Agreement fees. As a first step in the process, the City and the developer entered into a Memorandum of Understanding (MOU) on January 10, 1995. This MOU authorizes the collection of $3,200.00 per unit Interim Public Facility Fee when the owners obtain a Certificate of Occupancy for the first production home built in the project. The Planning Commission recommended approval of the Amendment and Restatement of Development Agreement No. 5 by a 4-0 vote (Commissioner Slaven was absent) at their June 1 7, 1 996 hearing. There was no discussion regarding this matter and there were no speakers in favor or opposing the project. R:\STAFFRPT\107PA94.CC 6/27196mf FISCAL IMPACT Total Development Agreement Fee: $5,271.00/unit Proposed Interim Public Facilities Fee: $3,200.00/unit As a result of the reduction in the Development Agreement Fee, the City will receive $217,600.00 which might otherwise have not been received due to the project being unable to develop at the higher impact fee. The $217,600.00 is the amount the City calculates to be the dollar amount of the impact the development would have on the City's infrastructure. Attachments: 1 . City Council Ordinance No. 96- - Page 3 2.Conditions of Approval - Page 8 3.Proposed Amendment and Restatement of Development Agreement No. 5 - Page 10 4. March 4, 1996 Planning Commission Staff Report - Page 1 1 R:\STAFF@\107PA94.CC 7/2/96nd 2 ATRACHMENT NO. I ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND COSTAIN HOMES, INC. FOR FINAL TRACT MAPS NO. 22916 AND 22916-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA94-0107) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Costain Homes, Inc. that it: A. Section 65864 @ =. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, B. In accordance with the procedure specified in said Resolution, Costain Homes, Inc. has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existinc, County Development Agreement No. 5 (hereinafter "Agreement"), of a residential housing subdivision on its property for Tracts 22916 and 22916-3 (39 lots), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, C. Notice of the City's intention to consider adoption of this Agreement with Costain Homes, Inc. has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on June 17, 1996 (Planning Commission), and July 9, 1996 (City Council) at which time it heard and considered all evidence relevant and material to said subject. D. The Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of low-medium density residential; E. The Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to herein is located as this Agreement provides for residential development pursuant to a Specific Plan; R:@TAFFRPT%107PA94.CC 7/2/96nif 4 F. The Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; G.The Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; H. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; 1. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; J. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; K. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; L. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; M. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1 . Generation of municipal revenue; 2.Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; R:\STAFFRPT\107PA94.CC 7/2/96 mf 5 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; and 5.Payment of Public Facility Fees (fire, library, traffic signal mitigation, development andRSA). Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Attachment " 1 " is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto. Section 3. SEVERABTLITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFF@107PA94.CC 712/96 mf 6 Section 5. PASSED, APPROVED AND ADOPTED this day of 1996. Karel Lindemans, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERS]IDE) CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 199-, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk R:\STAFFRP'r\I(Y7PA94.CC 712/96 mf ATTACHMENT NO. 1 ORDINANCE NO. 96- R:\STAFFRF'r\107PA94.CC 6/27/96mf 3 ATTACHMENT NO. 2 CONDITIONS OF APPROVAL R:\STAFFRPT\107PA94.CC 6/27196mf 8 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA94-0107 (Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 5 for Planning Area No. 16 (Final Tract Maps 22916 and 22916-3), within Specific Plan No. 199 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements WithinForty-Eight (48) Hours of the Approval of this Project I .The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 71 1.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 1 5075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 2.The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA94-0107 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 1 3, Chapter 4 (Section 21 000 21 =., including but not by the way of limitations Section 21 1 52 and 21 1 67). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAFFRPT\107PA94.CC 6127196 mf 9 ATTACHMENT NO. 3 PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 5 R:\STAFFRPT\107PA94.CC 6127/96mf 1 0 RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETURN TO City Clerk .City of Temecula 43174 Business Park Drive Temecula CA 92590 (Space Above Line For Recorder's Use) AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199 PLANNING AREA NO. 16 PLANNING APPLICATION NO. "Margarita Village" Costain Homes Inc. LWOCI\46466.7 EXHIBITS EXHIBIT A EXISTING DEVELOPMENT APPROVALS EXHIBIT B EXISTING LAND USE REGULATIONS EXHIBIT C LEGAL DESCRIPTION EXHIBIT D NOTICE FROM MORTGAGEE LWOCI\46466.7 AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and COSTAIN HOMES INC., a Delaware corporation This Amendment and Restatement of Development Agreement ("Agreement") is entered into to be effective on the date set forth in Recital N and Paragraph 1.7 by and among the City of Temecula, a California municipal corporation ("City"), and Costain Homes Inc., a Delaware corporation ("Owner"): RECITALS A. Pursuant to California Goverrunent Code Sections 65864 et @. ("Development Agreement Statutes"), Tayco, a California general partnership, and others and the County of Riverside, California ("County") entered into Development Agreement No. 5 recorded in the Official Records of Riverside County, California on November 7, 1988, as Instrument No. 325515 ("Development Agreement No. 5"). B. Development Agreement No. 5 encompasses a project formerly located within County approved Specific Plan No. 199 known as "Margarita Village", a mixed use subdivision (the "Original Project") to be developed on property which came within the municipal boundaries of City when City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, located in Planning Area No. 16 and consisting of Tract Nos. 22916 and 22916-3, a residential development (the "Project"). The balance of the Original Project covered by Development Agreement No. 5 is not included within Planning Area No. 16 and is not amended or impacted by this Agreement. Owner is the successor-in-interest of Tayco with respect to the Project. LWOClN4@.7 1 C. Pursuant to the provisions of the Development Agreement Statutes, City became the successor-in-interest to the County under Development Agreement No. 5 upon incorporation of City. D. Pursuant to Section 65868 of the Development Agreement Statutes, City and Owner propose to restate and amend Development Agreement No. 5 to substitute this Agreement for the portion of Development Agreement No. 5 pertaining to the Project. E. Pursuant and subject to the Development Agreement Statutes, City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interests in real property located within City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in City. F. By electing to enter into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of Members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in this Agreement. G. The terms and conditions of this Agreement have undergone extensive review by the staff of City, the Planning Commission of City and the City Council of City and have been found to be fair, just and reasonable. H.City finds and determines that it will be in the best interests of its citizens and the public health,safety and welfare will be served by entering into this Agreement. I.All of the procedures and requirements of the California Environmental Quality Act have been met with respect to this Agreement. LWOCI\46466.7 2 J. Riverside County Ordinance No. 659, as adopted by City, establishes public facilities impact fees for residential development within City ("RSA Fees"). City requires these revenues to mitigate the impact of development. City requires the RSA Fees from development ,of Property in order to complete capital projects to mitigate the impact of the development. K. Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Impact Fees or the RSA Fees. Consequently, City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to the RSA Fees. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, public infrastructure facilities and the enhancement of the quality of life for present and ftiture residents of City. The benefits to City and Owner contemplated by development of the Project include: (1)completion of vacant lots in the Project; (2) payment of traffic signal mitigation fees, fire mitigation fees, drainage fees, school impact fees and library fees; and (3) participation in special assessment districts to finance City and regional infrastructure improvements. M. City and Owner acknowledge that due to the present economic situation, none of these benefits to City are possible unless the Project proceeds with development. N.The City Council of City has approved this Agreement by Ordinance No. adopted on and effective on ("Effective LWOCI\@66.7 3 Date"). On the Effective Date, Development Agreement No. 5 shall be terminated as to the Project only and of no further force and effect with respect to the Project, having been replaced by this Agreement. NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1.1"City" is the City of Temecula. 1.2 "City Public Facility Fee" is an amount to be established by Ordinance of City. 1.3"County" is the County of Riverside. 1.4 "County Development Agreement Fee" means the County Development Agreement public facilities and services mitigation fee as set forth in Section 4.2 of Development Agreement No. 5. 1.5 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the envirorunent or other public interests. 1.6 "Development Plan" means the Existing Development Approvals defined in Section 1.8 below which are applicable to development of the Project. LWOCI\46466.7 4 1.7 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective, which date is thirty (30) days following the date the City Council adopted such Ordinance absent a referendum challenge. 1.8 "Existing Development Approval(s)" means those certain development approvals in effect as of the Effective Date with respect to the Property, including, without limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County or City. 1.9 "Financing District" means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Sections 53311 et seg., as amended); an assessment district formed pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Sections 22500 et seg., as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California Streets and Highways Code Section 10102, as amended); or any other special assessment district existing pursuant to State law formed for the purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of City. 1.10 "InterimPublicFacilitiesFee"meansanamountofThreeThousandTwo Hundred Dollars ($3,200.00) per each residential unit developed in the Project. 1.11 "Und Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of City, governing the development and use of land including without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction LWOCI\4"66.7 5 standards and specifications applicable to the development of the Property, including without limitation, those listed- on Exhibit B, attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a)The conduct of businesses, professions, and occupations; (b)Taxes and assessments (as opposed to exactions); (c)The control and abatement of nuisances; (d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; or (e)The exercise of the power of eminent domain. 1.12 "Owner" means the person having a legal or equitable interest in the Project. 1.13"Project" is defined in Recital B above. 1.14 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.15 "RSA Fee" means the fee established by County Ordinance No. as adopted by City. 1.16 "Subsequent Development Approvals' means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1. 17 "Subsequent Land Use Regulation" means any Land Use Regulation adopted and effective after the Effective Date of this Agreement. LWOC1\4A66.7 6 2. Interest of Owner. Owner represents that it has the fee title interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement attached hereto and made a part hereof by this reference: Exhibit Desiiznation Description A Existing Development Approvals B Existing Land Use Regulations c Legal Description of the Property D Notice From Mortgagee 4. Term. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the par-ties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgement or issuance of a final order after exhaustion of any appeals directed against City as a result of any lawsuit filed against City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement. 5.Assigrunent. 5.1 Riizht to Ass@n. Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Goverrunent Code Sections 66410, et @., or Riverside County Ordinance No. 460, LWOCIN4@.7 7 as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number where a true and correct copy of this Agreement may be obtained from the Riverside County Recorder, in any grant deed or other documents purporting to transfer the title or any interest in the Property during the term of this Agreement. (b) Concurrent with any such sale, transfer or assigrunent, or within fifteen (15) business days thereafter, Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes all the duties and obligations of Owner under this Agreement to the extent applicable to the portion of the Property being acquired by the purchaser, transferee or assignee. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this LWOC1\46466.7 8 Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of all of the following conditions: (a) Such Owner no longer has a legal interest in all or any part of the Property except as a beneficiary under a deed of trust. (b)Such Owner is not then in default under this Agreement. (c) Such Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided by such Owner to secure performance of its obligations hereunder. (e) Such Owner has reimbursed City for any and all City costs associated with such Owner's transfer or all or a portion of the Property. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Comj2letion of Construction. The provisions of Subsection 5.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement except for the immediately succeeding sentence, this Agreement shall terminate with respect to any lot and such lot shall LWOC1\46466.7 9 be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) the lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) a Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. Notwithstanding the foregoing or any other provisions in Development Agreement No. 5 or this Agreement to the contrary , City agrees that Owner's previous payment of the fees set forth in this Agreement with respect to those portions of the Project which have been previously released from Development Agreement No. 5 shall be deemed to satisfy the provisions of Development Agreement No. 5 and this Agreement with respect to such portions of the Project as if such portions of the Project were a part of the Property. 5.4 Subseguent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6.Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent orlimit Owner, in any manner, at Owner's sole discretion, from encumbering the Property orany portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the LWOClN46466.7 10 intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's reasonable costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b)The Mortgagee of any mortgage or deed of trust encumbering the Property, or any partthereof, which Mortgagee has submitted a request in writing, in the form as attached hereto andincorporated herein by this reference as Exhibit D, to City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by Owner in the performance of Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee, in the form set forth on Exhibit D, requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor or to any Mortgagee or successor thereof for the failure to provide such notice. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. LWOCI\46466.7 1 1 Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Owner's obligations or other affirmative covenants of Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of this Agreement shall not be extended based on the fact that a Mortgagee holds title to the Property for all or any part of the term of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of Owner set forth herein shall not be entitled to any rights to develop which have or may have vested solely as a result of this Agreement. 7. Binding Effect of Ajzreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. Proiect As A Private Undertakin2/Relationship of Parties. It is specifically understood and agreed between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that LWOCI@@.7 12 of a goverrunental entity regulating the development of private property and the owner of such property. 9. Changes in Proiect. No change, modification, revision or alteration of Existing Development Approvals may be made without the prior approval by those agencies of City equivalent to the County agencies that approved the Existing Development Approvals in the first instance (if the County had granted the approvals) or by the same City agency that granted the Existing Development Approvals (if City granted the approval in connection with the adoption of this Agreement). City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements and approves such expansion in writing. 10. Timing of Development. The parties acknowledge that Owner cannot at this time predict when, or the rate at which, the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, it is the parties' intent to cure that deficiency by acknowledging and providing that Owner shall have the right to develop the Property in such order, at such rate, and at such times as Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. LWOCIN46466.7 13 ii.Indemni!y and Cost of Litigation. 11.1 Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of Owner or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the Project. Owner agrees to and shall indemnify, defend, and hold harmless the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Owner's activities in connection with the Project. This hold harmless agreement applies to all of the damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. 11.2 Coun!y Litigation Conceminiz Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Agreement or to terminate the applicable portion of Development Agreement No. 5, and institutes an action, suit or proceeding to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the ten-nination of the applicable portion of Development Agreement No. 5, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys' fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate the applicable LWOCI\46466.7 14 portion of Development Agreement No. 5. If the County action is against more than one impacted development for which City has lowered the otherwise applicable County fees, then Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of the total units owned by Owner which are subject to this Agreement compared to the total number of units within City in which City has lowered the County fees included in such challenge. If the County action is only against Owner with respect to this Agreement or the termination of the applicable portion of County Development Agreement No. 5, then Owner's defense costs shall be one hundred percent (100%) of the attorneys' fees and costs for defense of the litigation. Damages (including the difference in the amount of the County Development Agreement Fee and any Interim Public Facilities Fee paid by Owner to City pursuant to the terms of this Agreement) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between the total amount of such fees and the amount paid by Owner to City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all of the costs and fees associated with said appeal. 11.3 Public Facilities Fees Shortfall. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement and the termination of the applicable portion of Development Agreement No. 5, and LWOCIN46466.7 15 a trial court determines that Owner and/or City is liable to make up any shortfall between the amount of the Interim,Public Facilities Fee and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the terms of Development Agreement No. 5. Such payment by City to County shall reduce Owner's liability to County for payment of such fees by a like amount paid by City. 11.4 Cou= Prevails in Litigation - Severability. In the event the County prevails at the trial court level against City or Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser amounts as determined by the Court). In the event this Agreement is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of said final judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser amounts as determined by the Court). All other provisions of this Agreement shall remain valid and enforceable notwithstanding said ruling of invalidity. 11.5 Third PaM Litigation Concerning Agreement. Owner shall indemnify, protect, defend, at its expense, including attorneys' fees, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by a third party other than the County. LWOCI\46466.7 16 City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, protect, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 11.6 Environmental Assurances. Owner shall indemnify, defend with counsel approved by City, protect, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees or agents arising from or attributable to any repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance or hazardous wastes at any place within the Property which is the subject of this Agreement. Notwithstanding anything to the contrary contained herein, the foregoing indemnity shall not apply to any Hazardous Substance or hazardous waste which becomes located on any portion of the Property after Owner has conveyed such portion of the Property to a governmental or quasi-govenunental entity or to a purchaser of a legal lot improved with a house. The foregoing indemnity is intended to operate as an agreement pursuant to Section LWOCI\4A66,7 17 107(e) of the Comprehensive Envirorunental Response, Compensation, and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, and their successor statues, to insure, protect, hold harmless, and indemnify City from liability. 12.Public Benefits, Public Improvements and Facilities. 12.1 Intent. The parties acknowledge and agree that this Agreement confers private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2Public Facilities Fees (Residential). (a) In lieu of the County Development Agreement Fee, any other fee required by Development Agreement No. 5, the RSA Fee or City Public Facility Fee (or any fee which replaces, supplements or is for the same general purpose as any of the foregoing), for a period of five (5) years commencing on the Effective Date, Owner shall pay an Interim Public Facilities Fee of Three Thousand Two Hundred Dollars ($3,200.00) per dwelling unit. The Interim Public Facilities Fee shall be paid as provided in Section 12.3 below. At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim Public Facilities Fee of Three Thousand Two Hundred Dollars ($3,200.00) per dwelling unit or such other public facilities fee as City has then emcted and applied to residential development projects in City. Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad Central Valley, Inc. v. City of Modesto, (1994), 25 Cal.App.4th 1577, as it applies to later adopted fees. Owner hereby waives for itself, and for any successor thereto, the right to challenge, pursuant to this Agreement, the validity or amount of any such other public facilities LWOCI\46466.7 18 fees which are enacted and applied to residential development projects in City; provided that such waiver only applies to the Project after the first five (5) years of this Agreement. Owner acknowledges and agrees that City would not have entered into this Agreement if its application or operation would limit in any way City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project following the first five (5) years of the term of this Agreement. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, relying on this Agreement to challenge the validity, amount, or application of any public facilities fee after the first five (5) years of this Agreement, including paying such fees "under protest" pursuant to Government Code Sections 66020 et seg., shall constitute a material breach and default under this Agreement entitling City to summary termination thereof. (b) Owner shall also pay all other customary and typical development exactions, for a Project of this size and nature, in existence as of the Effective Date and throughout the term of this Agreement, including but not limited to, Traffic Signal Mitigation Fees, fire mitigation fees, drainage fees, school impact fees and library fees pursuant to the provisions of City ordinances and resolutions in existence when paid. 12.3 Timiniz. Collection of any and all Interim Public Facilities Fees required to be paid by Owner pursuant to this Agreement shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built on the Property - Thereafter, the Interim Public Facilities Fees shall be paid at the time of issuance of building permits for each residential unit constructed on the Property. 12.4 Public Works. If Owner is required by this Agreement, or any other obligation, to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Owner shall LWOCI@66.7 19 perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. 13.Reservations of Authorily. 13.1 Limitations, Reservations, and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure. (c) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exactions shall be applicable to development of the Property unless such Development Exactions are applied uniformly to development throughout City. No such subsequently adopted Development Exaction would apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. If any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees paid by Owner pursuant to this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for such fees paid to the extent such fees fulfill the same purpose. LWOCI\4@.7 20 (d) Regulations governing construction standards and specifications including without limitation, City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code. (e) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f)Regulations which are in conflict with the Development Plan provided Owner hasgiven written consent to the application of such regulations to development of theProperty. 13.2 Subseguent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. LWOCIN46466.7 21 13.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5Tentative Tract Map Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as part of implementing the Development Plan shall be extended to expire at the end of the term of this Agreement. 13.6 Vestinia Tentative Mal2s. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Goverrunent Code Sections 66410, et seq). and Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to Owner, then and to that extent the rights, obligations, and protections afforded Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. LWOCI\46466.7 22 13.7 Intent. The parties acknowledge and agree that City is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power which cannot be so limited. This Agreement shall be constnied, contrary to its stated terms if necessary, to reserve to City all such power and authority which cannot be restricted by contact. 14. Development of the Property, Vestiniz, Termination of Development ALyreement No. 5. 14.1 Rights to Develop. Subject to terms of this Agreement, including payment of the Interim Public Facilities Fee, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for itself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2Effect of Agreement on Land Use Regulations. Except as otherwise provided under theterms of this Agreement, including the payment of the Interim Public Facilities Fee, therules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications LWOCI@46466.7 23 applicable to development of the Property shall be the Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be bome by Owner. 14.3 Chanizes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event Owner finds that a change in the Existing Development Approvals is necessary or appropriate, Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to this Agreement and may be further changed from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs associated with any amendment or change to this Agreement that is initiated by Owner or Owner's successor without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: LWOCI\46466.7 24 (a) Alter the pennined uses of the Property as a whole, except as permitted in Section 9 hereof; or, (b)Increase the density or intensity of use of the Property as a whole; or, (c)Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e)Constitute a project requiring a subsequent or a supplemental EnvironmentalImpact Report pursuant to Section 21166 of the Public Resources Code. 14.4Termination of Development Agreement No. 5. Both City and Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. 15.Periodic Review of Compliance with Agreement. 15.1 Review. Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. Owner or its successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. 15.2 CoMpliance. During each periodic review by City, Owner is required to demonstrate good faith compliance with the terms of the Agreement. Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 16.Financing District. Upon the request of Owner, the parties shall cooperate in exploring theuse of special assessment districts, community facilities districts and other similar LWOCI\46466.7 25 financing districts for the financing of the construction, improvement, or acquisition of public infrastructure, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or the City Council to form such a district or to issue or sell bonds. 17. Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868, 65867 and 65867.5. If an Amendment is requested by Owner or its successor, Owner or its successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing said Amendment within thirty (30) days of written demand from City without regard to City's action on such amendment. 18.Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceableby any party to it notwithstanding a change in the applicable general or specific plan, zoning,subdivision, or building regulations adopted by City which alter or amend the rules, regulations, or policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications. 19.Events of Default. Owner is in default under this Agreement upon the happening of one or moreof the following events or conditions: (a) If a warranty, representation or statement made or furnished by Owner to City in this Agreement is false or proves to have been false in any material respect when it was made; LWOCI\0466.7 26 (b)More than thirty (30) days have passed since City's making of a written request to Ownerfor,payment or reimbursement for a fee or service authorized or agreed to pursuant to thisAgreement, with Owner not having made such payment; (c)A finding and determination by City at a hearing at which Owner is provided an opportunityto present oral and written testimony that upon the basis of substantial evidence Owner has notcomplied in good faith with one or more of the terms or conditions of this Agreement; provided, however, where the default may be cured, Owner shall be given at least thirty (30) days or such additional time as the City Council determines to be reasonable to cure such default. If the actions required to cure such default will reasonably take more than thirty (30) days to cure, then the City Council shall give Owner such additional time as is reasonably necessary to effect a cure, provided that Owner is making reasonable progress towards completing such cure. Such progress on effectuating such cure shall be reviewed by the City Council every thirty (30) days thereafter until any and all defaults are cured. If at any such review, the City Council determines that the Owner is not making good faith efforts to cure any and all defaults, the City Council shall have the authority to terminate this Agreement. If at the end of such cure period, Owner fails to cure any and all defaults, then the City Council may terminate this Agreement, extend the cure period if Owner is making good faith efforts to cure any and all defaults, or with the concurrence of Owner, modify this Agreement. 20.Procedure Upon Default. (a)Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by City. (b)City does not waive any claim of defect in performance by Owner implied if on periodic reviewCity does not propose to modify or terminate this Agreement. LWOC1\46466.7 27 (c) Non-perfonnance shall not be excused because of a failure of a third person. (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor. (e) All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. Damages Upon Termination. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. Owner, for itself or any successor thereto, expressly waives the right to seek damages against City or any officer, employee, or agent thereof, for any default or breach of this Agreement. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee or transferee of Owner, or any other person, and Owner covenants not to sue for or claim any damages for breach of this Agreement by City. 22. Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against City as provided in Section 21 above. LWOCI@4@.7 28 (b) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to utilize the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts. 23. Attorneys' Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City:City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention:City Attorney With a copy to:Peter M. Thorson, Esq. City Attorney Burke, Williams & Sorensen 611 W. Sixth Street, Suite 2500 Los Angeles, CA 90017 LWOCI\4&66.7 29 Notices required to be given to Owner shall be addressed as follows: To Owner:Costain Homes Inc. 620 Newport Center Drive Suite 400 Newport Beach, CA 92660 Ann:Julie Hill With a copy to:Latham & Watkins 650 Town Center Drive Twentieth Floor Costa Mesa, CA 92656 Attn: Kenneth A. Wolfson, Esq. A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 25. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing, for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. 26.Rules of Construction and Miscellaneous Terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If there is more than one signer of this Agreement their obligations are joint and several. LWOCI\46466.7 30 (c) The time limits set forth in this Agreement may be extended by mutual written consent of the parties in accordance with the procedures for adoption of this Agreement. (d) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, shall have any right of action based upon any provision of this Agreement. 27. Entire A%zreement. This Agreement and the exhibits hereto contain the complete, final, entire, and exclusive expression of the agreement between the parties hereto, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto not expressly set forth in this Agreement shall be null and void. 28.Counterparts. This Agreement may be executed in multiple counterparts, each of which sofully executed counterpart shall be deemed an original. No counterpart shall be deemed to bean original or presumed delivered unless and until the counterpart executed by the other party to this Agreement is in the physical possession of the party seeking enforcement thereof. 29. Authority to Execute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or goverrunental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. LWOCI\46466.7 31 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the,parties hereto. licity0i City of Temecula By: Jeffrey E. Stone, Mayor Attest: June S. Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney "Owner" Costain Homes Inc., a Delawa(7 )oration By:A lie Hill (typed name) ItsPresident, CEO (title) By: Brent C. Anderson (typed name) Its:CFO, Vice President (title) LWOCI@46466.7 32 STATE OF CALIFORNIA Ss. COUNTY OF 0 On n t q@ before me, a notary public in and foi said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)G)are subscribed to the within instrument and acknowledged to me thathe/@e hey executed the same in his/ er eir authorized capacity(ies), and that by hier/ eir signature(s) on the instrument the person(s), or the entity upon behalf of which therson(s) acted, executed the instrument. DEBORAH. S, BROWN@ WITNESS my hand and official seal. CONIM. # 1009122 -C TARY PLJBLIC - CALIFORNIA 0 V COMM. Expires Dec. 13, 1997 ORANGE COU,,qTy - Signatur, 7S-eal) - STATE OF CALIFORNIA Ss. COUNTY OF3M@@ 0 n r-i (c befor a notary public in ancf fo@ said State, personally appeared personally known to me AK proved to me on the basis of satisfactory evidence) to be the re subscribed to the within instrument and acknowledged to me d the same I / er/their authorized capacity(ies), and that by in@ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DEBORAH S. BROWN COMM. # 1009122 WITNESS my hand and official seal. RY PIJBLR-- CALIFORNIA 0 ORANGE COUtiTy A y Comm. Expires Dec. 13,1997 t Signatur:h@@@ (Seal) LWOCI\46466.7 33 Exhibit A: Existing Development Approvals General Plan:Low Medium Density Residential (3-6 dwelling units/acre) Specific Plan:Ordinance No. 460, Specific Plan No. 199 (Margarita Village), City of Temecula Development Code (as of 2/9/96) Development Agreement: Development Agreement No. 5 Land Divisions: Final Map No. 22916 and Final Map No. 22916-3 ORANGE.5975.1 EXHI]BIT B: EXISTING LAND USE RFGLTLATIONS I linance No. 348.2922 nance No. 460.93 Riverside County General Plan R:\STAFFRPT\107PA94.PC 6/7/96klb EXHIBIT C - LEGAL DESCRIPTION Lots I through 13, inclusive, and 66 through 76, inclusive, of Tract 22916-3, recorded in Book 225, Pages 57 - 64, Riverside County Records. Lots 56 through 66, inclusive, of Tract 22916, recorded in Book 225, Pages 65-72, Riverside County Records. EXHIBIT D REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT Develoment Agreement: Date: Amendment and Restatement of Develoment Agreement S12ecific Plan No. . lname of Develo2ment7 Planning A1212lication No. To:City Clerk and Community Development Director, City of Temecula Pursuant to Section 6(b) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mortgagee) (Person/Department) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be filed with the project file to insure proper and timely notice is given. Under the terms of said Amendment and Restatement of Development Agreement, 2.-. Me--t-.,Agee is entitled to rece' e copies of an-, Notice of m j Default within ten (10) days of sending any such Notice to Owner. Failure to send any such Notice mal have serious legal conseguences for the City. This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is terminated. The person executing this document on behalf of said Mortgagee warrants and represents that the entity he/she represents is a bonafide Mortgagee of said property and is entitled to receive copies of Notices of Default under said Amendment and Restatement of Development Agreement. ORANGE-4576.1 The undersigned declares the above information is true and correct under the penalty of pe@ury under the laws of the State of California. Dated: 1995. MORTGAGEE By: (signature) (printed name) Its: (title) [Notary required] This Notice is to be sent to both the City Clerk and Community Development Director for the City of Temecula at 43174 Business Park Drive, Temecula, CA 92590 or such other location as Temecula City Hall may be located in the future. O@CiF-4576.1 -2- ATTACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT JUNE 17, 1996 R:\STAFFRPT\107PA94.CC 6/27/96 mf 1 1 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION June 17, 1996 Planning Application No. PA94-0107 Amendment and Restatement of Development Agreement No. 5 for Planning Area No. 16 (Final Tract Maps 22916 and 22916-3) within Specific Plan No. 199 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION:The Planning Department Staff recommends the Planning Commission: 1 .ADOPT the Negative Declaration for Planning Application No. PA94-0107; and 2.ADOPT Resolution No. 96- recommending approval of Planning Application No. PA94-0107 to the City Council, subject to the attached conditions of approval and based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: Costain Homes, Inc. REPRESENTATIVE:Sanford Edward PROPOSAL:A Request for Approval of an Amendment and Restatement of Development Agreement No. 5 for Planning Area No. 16 (Final Tract Maps 22916 and 22916-3), within Specific Plan No. 199. LOCATION:Located northwest of Rancho Vista and Butterfield Stage Roads EXISTING ZONING:SP (Specific Plan) SURROUNDING ZONING: North: SP (Specific Plan) South:SP (Specific Plan) East: R-A (Residential Agricultural) West:SP (Specific Plan) PROPOSED ZONING: N/A GENERAL PLAN DESIGNATION: Low Medium Density Residential (3 to 6 dwelling units per acre) EXISTING LAND USE: Vacant R:\STAFFRPT\107PA94.PC 6!7/96 kib SURROUNDING LAND USES: North: Single Family Dwellings South:Vacant East: Single Family Dwelling West: Single Family Dwellings PROJECT STATISTICS Number of Lots: 39 Existing Development Agreement Fee (1995): $5,271 -OO/Unit Proposed Development Agreement Fee: $3,200.00/Unit BACKGROUND On November 7, 1988 Development Agreement No. 5 was approved by the County of Riverside for the Margarita Village Specific Plan (S.P. 199) which includes Tracts 22916 and 22916-3. Costain Homes has approached the City to execute an Amendment and Restatement of this Development Agreement in order to receive a reduction in the Development Agreement fees. As a first step in the process, the City and the developer entered into a Memorandum of Understanding (MOU) on January 10, 1995. This MOU authorizes the collection of $3,200.00 per unit Interim Public Facility Fee when the owners obtain a Certificate of Occupancy for the first production home built in the project. PROJECT DESCRIPTION The proposed Development Agreement Fee includes only an Interim Public Facilities Fee and has eliminated other fees associated with County approved Development Agreements such as the Regional Parkland Fee, Habitat Conservation Fee, and Public Services Offset Fee. Interim Public Facilities Fee The Amended and Re-Stated Development Agreement has a duration period of ten (10) years and applies to Tracts 22916 and 22916-3. These tracts currently contain 39 single-family lots (sixty-eight lots were included at the time the MOU was executed; however this number has decreased over time). The terms of the MOU allow for the Interim Public Facilities Fee to be $3,200.00 per unit and paid for the first five (5) years of the term of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,200.00 or such other Public Facilities Fee adopted by the City and applied to other residential projects. R:\STAFFRPT\107PA94.PC 6n/96kib 2 ANALYSIS Fees The existing approved Development Agreement No. 5 fee (1995) includes the following fees: Public Facilities Fee $2,331.00 Regional Parkland Fee $431.00 Habitat Conservation Fee $320.00 Public Services Offset Fee $2.189.00 Total Development Agreement Fee $5,271.00 According to the County, all County approved Development Agreements have a section which purports to require the split of certain fees between the County and a city should any portion of the property covering the agreement become part of a city. That section provides that the Regional Parkland Fee, and the Habitat Conservation and the Open Space Land Fee would continue to be fully payable to the County. Additionally, two-thirds (2/3) of the Public Services Offset Fee and 5.3% of the Public Facilities Fee would be payable to the County. Therefore, according to the County, a total of $2,31 9.28 is payable to the County from the $5,271 .00 Development Agreement Fee, leaving $2,951.72 as the City's portion of this fee. The proposed $3,200.00 Interim Public Facilities Fee is greater than $2,951.72, City's portion of the existing Development Agreement Fee, should the County's interpretation of the fees be used. However, the City Attorney contends that the County's interpretation of the Development Agreement is not in accordance with State law which provides that the benefits of a Development Agreement as well as its burdens transfer to a City upon incorporation. As the property which is the subject of this Development Agreement is now within the City boundaries, it is the City Attorney's opinion that the County is no longer entitled to any fees under the Development Agreement. EXISTING ZONING AND GENERAL PLAN DESIGNATION This project is consistent with the General Plan since the General Plan currently designates the site as Low Medium Density Residential and the approved development pro'ect which is implemented by this Development Agreement is consistent with this designation. This project Is consistent with Specific Plan No. 1 99, since the development pro'ect which is implemented by this Development Agreement meets all the requirements of this Specific Plan. ENVIRONMENTAL DETERMINATION A Initial Study was prepared for this project and it revealed no significant impacts. Therefore, Staff recommends adoption of a Negative Declaration. SUMMARY/CONCLUSIONS Staff supports approval of this project. R:\STAFFR@107PA94.PC 6/7/96 klb 3 FINDINGS 1The Amendment and Restatement of Development Agreement No. 5 is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low Medium Density Residential. 2.The Amendment and Restatement of Development Agreement No. 5 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property subject to the Development Agreement is located as the Development Agreement provides for single family homes. This Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan. 3.The Amendment and Restatement of Development Agreement No. 5 is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of housing opportunities compatible with the remainder of the City. 4.The Amendment and Restatement of Development Agreement No. 5 will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof. 5.Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (1 0) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll. 6.Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or by diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies. 7.The Amendment and Restatement of Development Agreement No. 5 complies with the goals and objectives of the Circulation Element of the General Plan. The traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed. 8.The Amendment and Restatement of Development Agreement No. 5 complies with requirements of the zoning district in which the applicant proposes to develop in that the Specific Plan zoning of Medium Density Residential is consistent with the Low Medium Density Residential General Plan Land Use Designation. R:\STAFFRPT\107PA94.PC 6/7196klb 4 9The benefits that will accrue to the people of the City of Temecula from this legislation and this Amendment and Restatement of Development Agreement No. 5 are as follows: City and Owner acknowledge that development of the Project will result in: a.Generation of municipal revenue; b.Construction of public infrastructure facilities; C.Enhancement of the quality of life; including residential opportunities for present and future residents of the City; d.The opportunity for an adjacent residential-commercial project creating significant 'ob opportunities, sales tax and ad valorem tax revenues for the City; e.Payment of Public Facilities Fees (fire and traffic signal mitigation); and, f.Participation in special assessment districts to finance City and regional infrastructure improvements. Attachments: 1 . PC Resolution No. 96- - Blue Page 6 A.Conditions of Approval - Blue Page 10 2. Ordinance No. 96- - Blue Page 1 2 3.Initial Environmental Study - Blue Page 1 7 4.City Council Staff Reports for the Memorandum of Understanding - Blue Page 27 5.City Council Minutes - Blue Page 28 6.Executed Memorandum of Understanding - Blue Page 29 7.Proposed Amendment and Restatement of Development Agreement No. 5 - Blue Page 30 8.Exhibits - Blue Page 31 A. Vicinity Map R:\STAFFRPT\107PA94.PC 6111196 klb 5 ATTACHMENT NO. 1 PC RESOLUTION NO. 96- R:\STAFFRPT\107PA94.PC 6/7/96kib 6 ATTACI-IMENT NO. 1 PC RESOLUTION NO. 96-- RESOLUTION OF THE PLANNING CO@SSION OF THE CITY OF TEMECULA RECO ING APPROVAL BY THE CITY COUNCIL OF AMEND AND RESTA OF DEVELOPMENT AGREEMENT NO. 5 BETWEENTTHE CITY OF TEMEECULA AND COSTAIN HOMIES, INC. FOR FINAL TRACT M"S NO. 22916 AND 22916-3, WITHINT SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA94-0107) THE PLANNING COMMISSION OF THE CITY OF TEMEECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission of the City of Temecula has received an application from Costain Homes, Inc. for an Amendment and Restatement of Development Agreement No. 5, Specific Plan No. 199, "Margarita Village," Planning Application No. PA94- 0107, (hereinafter "Development Agreement"); and, WHEREAS, the Planning Commission held a noticed public hearing on June 17, 1996, on the issue of recommending approval or denial of the Development Agreement. NOW, THEREFORE, THE PLANNING CO@SSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Attachments "A" and "B", respectively, attached hereto and incorporated herein by this reference, subject to the Conditions of Approval attached hereto as Attachment "C" and incorporated herein by this reference as set forth in full herein. Section 2. That in recommending the adoption by the City of the Ordinance approvin- the Development Agreement, the Planning Commission hereby makes the following findings: (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of low- medium density residential; and, R:\STAFFRPT\107PA94.PC 6/7/96klb 7 (b) The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, (c) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (d)The Development Agreement will not be detrimental to the health. safety. or general welfarebecause it provides adequate assurances for the protection thereof: and. (e) Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within three hundred feet (600') of the property as shown on the latest equalized assessment roll; and, (f) Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (g) The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the initigation i-neasures and conditions of approval imposed; and, (h) The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Medium Density Residential is consistent with the Low Medium Residential General Plan Land Use Designation; and, (I) Ile benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the I . Generation of municipal revenue; 2.Construction of public infrastructure facilities; R:\STAFFRPT\107PA94.PC 6/7196kib 8 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots: 5.Payment of Public Facility Fees (fire, library, traffic signal initiation. development and RSA); and, Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in accordance with State law. Section 4. PASSED, APPROVED AND ADOPTED this 17th of June, 1996. LINDA FAHEY CHAIR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 17th day of June, 1996, by the following vote of the Commission: AYES: PLANNING COMMISSIONIERS: NOES: PLANNING CONMSSION'ERS: ABSENT:PLANNING CONMSSIONERS: DEBBIE UBNOSKE SECRETARY R:\STAFFRPT\107PA94.PC 6/7196 klb 9 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFRPT\107PA94.PC 6/7/96 klb 1 0 EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA94-0107 (Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 5 for Planning Area No. 16 (Final Tract Maps 22916 and 22916-3), within Specific Plan No. 199 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements WithinForty-Eight (48) Hours of the Approval of this Project 1 .The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of One Thousand Three Hundred Twenty-Eight Dollars ($1,328.00) which includes the One Thousand Two Hundred and Fifty Dollar ($1,250.00) fee, required by Fish and Game Code Section 71 1.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21108(a) and California Code of Regulations Section 1 5075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 2.The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA94-0107 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 1 3, Chapter 4 (Section 21 000 @ =., including but not by the way of limitations Section 21 1 52 and 21 1 67). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAFFRPT\107PA94.PC 6/7/96kib ATTACHMENT NO. 2 ORDINANCE NO. 96- R:\STAFFRP'r\](Y7PA94.PC 617/96klb 12 ATTACHMENT NO. 2 ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMEECULA, CALIFORNIA, APPROVING AN AMENDMEENT AND RESTATEMIENT OF DEVELOPMEENT AGRE@NT NO. 5 BETWEEN THE CITY OF TEMEECULA AND COSTAIN HOMIES, INC. FOR FINAL TRACT NO. 22916 AND 22916-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA94-0107) WHEREAS, Section 65864 1 -d 5N. of the Government Code of the State of California and Tei-necula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Costain Homes, Inc. has filed with the City of Temecula an application for a Development A-reeinent which reflects an amendment and restatement of existing County Development Agreement No. 5 (hereinafter "this Agreement"), of a residential housing subdivision on its property for Tracts 22916 and 22916-3 (39 lots), hereinafter the "Subject Propeny" which application has been reviewed and accepted for filing by the Community Development Director-, and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with Costal'n Homes, Inc. has been duly civen in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on June 17, 1996 (Planning Commission), and (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMEECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Costain Homes, Inc. that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of low-medium density residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land usedistrict in which the Subject Property referred to herein is located as this Agreement providesfor residential development pursuant to a Specific Plan; R:\STAFFRPT\107PA94,PC 6/7/96klb 1 3 C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Plannin- Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (IO) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearinc,, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; I. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; K. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1 . Generation of municipal revenue; 2.Construction of public infrastructure facilities; 3. Acceleration of both the tii-nely development of subject property as well as the payment of municipal revenue; R:\STAFFRPT\107PA94.PC 617/96klb 1 4 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots, and 5.Payment of Public Facility Fees (fire, library, traffic signal initigation, development andRSA). Section 2. APPROVAL. This Agreement, attached hereto and incorporated hereiii bv this reference as Attachment "I" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this A-reement for, and in the name of, the Citv of Temecula; and the City Clerk- is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABIIITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4.NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance andshall cause the same to be posted as required by law. Section 5.This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk- shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk- at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRI'r\107PA94.PC 6f7/96 kib 1 5 Section 6. PASSED, APPROVED AND ADOPTED this _ day of .1996. Karel Lindemans, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIEFORNIA) COUNTY OF RIVERSIDE) CITY OF TFAMCULA) 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 199-, and that thereafter. said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199-, by the following vote, to wit: AYES:COUNCILMEMBERS: NOES:COUNCILMEM13ERS: ABSENT:COUNCILMEMBERS: June S. Greek, City Clerk R:\STAFFRPT\107PA94.PC 6n/96 klb 1 6 ATTACHMENT NO. 3 INITIAL ENVIRONMENTAL STUDY R:\STAFFRPT\107PA94.PC 617/96kib 1 7 CIT@'OF TEMECULA Environmental Checklist Pr 'ect Title: Planning Application No. PA94-0107 (DeN,elopiiieiit qj Agreement) Lead Agencx, Name and Address: CitN@ of Temecula. 43 174 Business Park- Drive. Temecula. CA 92,-;90 Contact Person and Phone Number: Matthew Fagan. Associate Planner (909) 694-6400 4. Proiect Location: Northwest comer of Butterfield Stage and Pauba Roads (Parcels 1-13 and 62-76 of TM 22916-3 and Parcels 66 of TM 22916) Pr ect Sponsor's Name and Address: Costain Homes. Inc- 620 Newport Center Drive. Suite 400 Newport Beach. CA 92660 6. General Plan Designation: LM (Low-Medium Denslt\, Residential - 3-6 dwelling units per acre) 7. Zoning: SP (Margarita Village Specific Plan) 8. Description of Project: Amendment and Restatement of Development Agreement for SP 199 (Mar-arita Village Specific Plan) - Plannino Area No. 16 9. Surrounding Land Uses and Setting: Single famliv residences to the north and west. Vacant to the south, with a single-famil-," residence (large lot) to the east 10-Other public agencies whose approval is required: None R:\STAFFRPTklO7PA94.PC 617/96 klb 18 ENVIRONMENTAL FACTORS POTENTIALLI'AFFECTED: The environmental factors checked belon@- Nvould be potentially affected bN, this project. involving at least one impact that is a "Potential]-,- Significant Impact" as indicated b-,- the checklist on the folio\\-ing pages. Land Use and Planning I Hazards Population and Housing I Noise Geolo,,Ic Problems I Public Services Water [ ] Utilities and Service S\@stenis Air Quali@, f ] Aesthetics Transportation/Circulation f ] Cultural Resources Biological Resources [ ] Recreation Energ\, and Mineral Resources [ I Mandatorv Findings of Significance DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment. and a NEGATIVE DECLARATION ,N,Ill be prepared. R:\STAFFRPT\107PA94.PC 6/7/96 klb 19 Potential]\ Significant Ilotenti,tll% t;nles.@ @s-@ Tliati Sipnit-ic@Lnt %litigation SirnifiL:ant k, ISSL7ES @NI) SLIPPORTING INFOR,%I.-kTION SOT@RCES limit Iticorportied lnip.,ict impact 1.LAND USE AND PLANNING. Would the proposal: ù@ Conflict \@,itli general plan designation oi- zoning' li, Conflict with applicable enn,li-onnieiltal plans oi- policies l itii jurisdiction 0 ,idc)l)ted b\r agenc es N\l %,el- tile Pro . ect" c.Be incompatible with existing land use in the vicinit.v9 dAfl'ect agricultural resources or operations (e.g. impacts to soils or faniilands, oi- impacts from incompatible land uses') e.Disrupt or divide the phvsical arrangement of an established conimuni@, (including low-income or minorit-,, community)' [XI 2.POPULATION AND HOUSING. Would Ile proposal: ,i. Cuinulativelv exceed official regional oi- local population [XI h.Induce substantial gi-oxvtli in an area eithei- direction or indirectly (e.g. tl-u-ough project in an undeveloped area or extension of motor infrastructure)'? I I I I I I [XI c. Displace existing housing, especially affordable housing'? I I I I I I [XI 3.GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts invol,.,inty? a. Fault rupture? I I [XI b. Seismic ground shaking" I I f I I I [XI c. Seismic ground failure, including liquefaction'? I I I I I I [XI d. Selche, tsunami, or volcanic hazard" I I I I I I [XI e. Landslides or mudflows? I I [ I I I [XI f Erosion. changes in topography or unstable soil conditions from excavation, grading or fill') I I I I I I [XI P. Subsidence of the land? I I I I I I fxl It. Expansive soils'? I I I I I I [XI 1. Unique geologic or phvsical features" I I I I I I [XI R:\STAFFRP'r\107PA94.PC 617196klb 20 Potentiali% Significant Potential]\- L;nless Less Than Significant %4itigatioii Significant Nt, ISSLTES AND STIPPORTING INFORT%IATION SOLTRCES Impact Incorporated Impact Impact 4.WATER. Would the proposal result in: a.Changes in absorption rates, drainage patterns. oi- tile rate and mount ol'surface runoff I I I [ I I I ['\ I b Exposure of people or propem, to water related hazards .such as flooding" I f I [-X I c.Discharge into surface waters or othei- alteration of surface water qlialirv (e.g. temperature, dissolved o,\vgen or turbidit,.,)';) d.Changes in the amount of surface water in anN, watei- bodn"l [XI e, Changes in currents, or the course or direction of water movements' [XI f Change in the quantit-%, of ground waters, either through direct additions or N@lithdi-awals, oi- through interception of an aquifei- b-N, cuts or excavations or through substantial loss of groundwater recharge capability [XI Altered direction or rate of tlo@x, of grouiidN@'ater" [XI li@ Impacts to groundwatet- qualit,,"' f I [XI I Substantial reduction in the amount of groundwater otherwise available for public water supplies" I I [XI 5.AIR QUALITY. Would the proposal: a.Violate anN, air qualitn, standard or contribute to an existing or projected air quailt\,- violations [XI b, Expose sensitive receptors to pollutants'.' [XI c Alter an- movement. moisture or temperature, oi- cause anv change in climates [XI d. Create objectionable odors? [XI 6.TRANSPORTATION/CIRCULATION. Would the proposal result in: a. Increase vehicle trips or traffic congestion'.' [XI b.Hazards to safetv from design features (e.g. sliait) curves oi- dangerous intersection or incompatible uses)" [XI R:\STAFFRP'MI07PA94.PC 617/96 klb 21 Polenti.Lli\ Significant Potentiallx @;nies., Less Tiiaii Significant %litigation Sipilificaiit ISS@TES,@N'D SL!PPORTING INFORNIATION SOT@RCES Impact Incorporated Impact Impact c. Inadequate emergency, access or access to nearbv uses' d, Insufficient parking capacit-,, on-site oi- off-site') c Hazards oi- barriers for pedestrians oi- blc\,cll@ts' fConflicts with adopted policies supporting alternative transportation (e.g. bus turnouts. bicycle racks')'.' f -'K I g. Rail, waterbome or air traffic Impacts" 7.BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a.Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)' b.Local]N, designated species (e.g. heritage ti-ces)" c.Localiv designated natural conununltl@ (e.g. oak forest, coastal habitat, etc.)" d@ Wetland habitat (e.g. marsh, riparian and vernal pool)' [XI e. Wildlife dispersal or migration corridors" [XI S.ENERGY AND MINERAL RESOURCES. Would the proposal: a.Conflict with adopted enerp, conservation lilans" [XI b.Use non-renewal resources in a wasteful and inefficient manner' [XI c.Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? [XI 9.HAZARDS. Would the proposal involve: a@A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, liesticides, chemical or radiations [XI b.Possible interference with an emergency response plan or emergency evacuation plan? [XI c.The creation of anN, health hazard or potential health hazard? [XI R:\STAFFRPT\107PA94.PC 6n/96 klb 22 Potential[,, Significant PotentialiN L@nics., @ss Ttiai) Significant Nlitigation Signit-icant N,, ISSLIES AND SL-PPORTING INFORMATION SO[ TRCES Impact Iiic,)rp(,rited impact Impact d.Exposui c of people to existing sources of potential health hazards' c.Inci-easefirehazardinareasA@ithflammablebrush, gi-ass, or trees ,.) 10.NOISE. Would the proposal result in: a.Increase in existing noise levels" bExposure of people to severe noise levels" [XI 11.PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in anv of the following areas: a. Fire protection' I I [XI b@ Police protection' I I [XI c. Schools? I I [XI d. Maintenance of public facilities, including i-oads" [XI e Other governmental sei-vices9 [XI 12.UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new svstems or supplies, or substantial alterations to the folio-#N-in(v utilities: a. Power or natural gas? [XI b. Communications svstems? [XI c.Local or regional water treatment or distribution facilities? [XI d. Sewer or septic tank-s? [XI e. Storrn water drainage? [XI f Solid waste disposal" I I [XI g. Local or regional water supplies? I I [XI 13.AESTI-TETICS. Would the proposal: a. Affect a scenic vista or scenic highwav? [XI R:\STAFFRPT\I(Y7PA94.PC 6/7/% klb 23 Potential]N Siviiificant Potenti.i]IN- Llnle@ L,-ss Than SiLnificant Nlitigation Significant N' o ISSt'ES.@ND SL'PPORTING INFORNIATION SOTIRCES Impact Incorporated Impact Impact h. Have a demonstrable negative aesthetic effect" [XI c Create light or glare' 14.CULTURAL RESOURCES. Would the proposal: ,1, I , D sturb paleontological resources" [XI b. Disturb archaeological resources [XI c. Affect historical resources" [XI d Have the potential to cause a phvslcal change which would affect unique ethnic cultural values" [XI c.Restrict existing religious or sacred uses xN,Ithiii the potential impact area' [XI 15.RECREATION. Would the proposal: a.Increase the demand for neighborhood or regional parks or other recreational facilities9 [XI b. @ct existing recreational opportunities" [XI 16.MANDATORY FINDINGS OF SIGNIFICANCE. a@Does the protect have the potential to degrade the qualit.%, of the envii-o=ent. substantially reduce the liabitat of a fish oi- wildlife species, cause a fish oi- wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal comrnunitn,, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California histoi-v or prehistory [XI b.Does the pr@ect have the potential to achieve short-term, to the disadvantage of long-term, environmental goals9 [XI c.Does the project have impacts that area individually, limited, but cumulatively considerable' ("Cuinulati - veiv 'derable" means that the incremental effects of a cons] 1 project are considerable when viewed in connection with the effects of past pr@ects, the effects of other current projects, and the effects of probable future projects). I I [XI d.Does the project have environmental effects which will cause substantial adverse effects on human beings, either directlv or 'Mdirectlv? I I [XI I R:\STAFFRPT\107PA94.PC 6/7/96 kib 24 17. EARLIER ANALYSES. a.Eaj-llei- anal%,ses used: Enx-ironnieiiial Impact Reli(iii No. 202, impacts \%,ere adequatel\- addressed SOURCES I . Clt-\, of Temecula General Plan. 2.Cit,, of Temecula General Plan Final En%,IFOTiniental Impact Report. R:\STAFFRPT\107PA94.PC 617/96 klb 25 DISCUSSION OF THE ENVIRONMENTAL IMPACTS The project is an Amendment and Restatement of Development Agreement No- 5 for Plannin(, Area No. 16 (Final Tract Maps @-1-916 and 22916-3), within Specific Plan No. 199, The main amendment to the Development Agreement is the shiftin(, of the payment of Public Facility Fees froi-n the County of Riverside to the City of Temecula. The Amendment and Restatement of Development A-reement No. 5 will not create any impacts upon the environment. The overall pr 'ect (Specific Plan No. 199 - Margarita Village) was analyzed in Environmental Impact Report Oi No. 20@-. Any mitigation measures recommended in EIR No. 202 will remain applicable to the pr 'ect. Further, miticat' are contained in the conditions of approval for TM'2916. ion measures R:\STAFFRPT\107PA94.PC 6/11/96kib 26 ATTACHMENT NO. 4 CITY COUNCIL STAFF REPORT FOR THE MEMORANDUM OF UNDERSTANDING DECEMBER 13, 1995 1 R:\STAFFRPT\107PA94.PC 6/11/96 kib 27 Al CITY A77OR FINANCE OFI CITY MANAC CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Gary Thornhill, Planning Director DATE: December 13, 1994 SUBJECT:Memorandum of Understanding Concerning Specific Plan #1 99, Costain Homes RECOMMENDATION: That the City Council approve the Memorandum of Understanding concerning Specific Plan No. 1 99 for Costain Homes, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. BACKGROUND: The attached Memorandum of Understanding will authorize Costain Homes to pull building permits and occupancy permits for homes in their development, without payment of the Public Facilities Fees until such time as the first production home obtains its Certificate of Occupancy. This provision is consistent with previous approvals granted to similar projects in the City. The City is currently negotiating a new Development Agreement between the City and Costain for this project. Approval of this Agreement will not mandate that the City Council approve the draft Development Agreement. In the event the City Council denies the draft Development Agreement, the Memorandum of Understanding provides that Costain will then pay the Public Facilities Fees as provided in the existing Development Agreement No. 5. This Memorandum of Understanding will allow the development of homes in the Costain project to move forward in an expeditious fashion. Costain is agreeing to pay an Interim Public Facility Fee in the amount of $3,200.00 per unit. As construction and substantial work on the homes has already begun, there should be relatively little delay in the City's receipt of the Interim Public Facilities Fee. rpt\cosLain The indemnity provisions of this Memorandum of Understanding are slightly different than the executed Memorandum of Understanding between the City and Coscan for the Roripaugh project. However, the existing development agreement (Riverside County Development Agreement No. 5) contains very broad indemnity language sufficient to protect the City's interests. This Memorandum of Understanding contains adequate language protecting the City against any challenges to the fee issue. The Planning Commission and City Council will be presented in the near future with the draft Development Agreement. The terms of the draft Development Agreement will be subject to extensive negotiations between the City and the developer. FISCAL IMPACT: Slight delay in initial receipt of Interim Public Facilities Fees as they are delayed until the first Certificate of Occupancy for the production units, but would be paid in the event the City Council denies the draft Development Agreement within thirty days of the City's demand. ATTACHMENTS: Memorandum of Understanding. r:\agcndarpt\coaain -2- ORANDUM OF LTNDERSTANDING CONCERNING PLANNING AREA NO. OF SPECIFIC PLAN NO. 199 THIS m:EmoRANDUM OF UNDERSTANDING, (the 'Memorandum') is made and entered into as of 9 1994 by and between the City of Temecula (the 'City") and Costain Homes, Inc., a Delaware corporation ('Owner'). RECITAIL A. Ile City Council of the City of Temecula is reviewing and considering, as provided by law, an Amendment and Restatement of Development Agreement between City and Owner, (the 'Draft Agreement'). B.Owner is developing a residential project in what is Imown as Planning Area No. of Specific Plan No. 199, Tract No. 22916 and 22916-3 (the 'Project"). The Project is currently subject to Development Agreement No. 5 between the County of Riverside (the "County") and Kaiser Development Company, a California corporation; Mesa Homes, a California corporation; Margarita Village Development Company, a California joint venture comprised of Buie-Rancho California, Ltd., a California limited partnership and Nevada-Rancho California, Ltd., a California limited partnership; and Tayco, a California general partnership comprised of Taylor Woodrow Homes, Inc., a Delaware corporation, and others (the "Development Agreement No. 5"), which requires Owner to pay certain development fees (the "Development Fee'). C. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City ('RSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development. D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a Development Fee reduction due to: (i) the excessive level at which the County originally calculated the Development Fee; (ii) the high level of assessment district = existing on the Project; and (iii) the entry level nature of the homes to be built in the Project. E. The Development Agreement No. 5 provided for public facilities and services impact fees ('County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to the 16A Fees. r: rptkostain.nwu F. The Draft Agreement provides for Owner to pay the sum of Three- Thousand, Two-Hundred Dollars ($3,200.00) for each residential unit as the Interim Public Facilities Fee. The Draft Agreement provides for the collection of any Interim Public Facilities Fee to be deferred until such time as Owner obtained a certificate of occupancy for the first production home built in the Project. G. Owner contemplates commencing construction of the homes for the Project (68 units) prior to acceptance by the City Council of City of the Draft Agreement. H. City desires, as an accommodation to Owner, to permit Owner to pay the Interim Public Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the fact that the Draft Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW RIE, in consideration of the mutual covenants hereinafter contained, City and Owner agree as follows: 1. In lieu of any fee required by Development Agreement No. 5, RSA Fee or City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the amount of Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit. If City fails to approve or adopt the Draft Agreement or if the Interim Public Facilities Fee, as established by City, is some number other than Tnree-Ilousand, Tw@Hundred Dollars ($3,200.00) per dwelling unit, then the fee paid by Owner to City shall be adjusted accordingly. Owner shall pay any increase or City shall pay to Owner any decrease within @ (30) days from the effective date of City Council's action on the Amendment and Restatement of Development Agreement. 2. Tte Interim Public Facilities Fee for all units shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built in the Project. Tbereafter, the Interim Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed in the Project. 3.Indemnity and Cost of Litigation. 3.1 County Litigation Concerning Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Memorandum, and institutes an action, suit or proceeding to challenge this Memorandum or invalidate and/or enjoin the enforcement of this Memorandum, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Memorandum. Owner's defense costs herein shall be its pro rata r:%4genda.rpt\co@.um -2- share among all impacted landowners based on a ratio of contribution of total units owned bv Owner which are subject to this Memorandum -compared to the total number of units within the City in which the City has lowered the County fees. Damages (including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the terms of this Memorandum) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mumoy agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the @ and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. 3.2 Public Facilities Fees Shortffll. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Memorandum and a trial court determines that Owner andjor the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the terms of Development Agreement No. 5. Such payment by City to County shall reduce Owner's liability to County for payment of such fees by a like amount paid by City. 3.3 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 3.1 of this Memorandum, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser amount as determined by the Court). In the event this Memorandum is held to be invalid or unenforceable by a tW court of competent jurisdiction, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser amount as determined by the Court). All other provisions of this Memorandum or any subsequent agreements relating to the Project shall remain valid and enforceable notwithstanding said ruling of invalidity. 3.4 Third PgM Litigation Concerning Atzreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Memorandum or the approval of any permit granted pursuant to this Memorandum brought by a third party ..rpt\comin.@ -3- other than the County. City shall promptly notify Owner of any such cL-Lim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be- responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 3.5 Termination of Memorandum of Understanding. If the Draft Agreement is approved by the City Council, this Memorandum shall terminate upon the effective date of the Draft Agreement. If the Draft Agreement is disapproved by the Citv Council, then the obligations of Owner under this Memorandum shall terminate and Owner thereafter shall be subject to the terms of Development Agreement No. 5. IN WITNESS F, the parties executed this Memorandum as of this day of 1994. CITY OF TEMECULA By: Ron Roberts, Mayor A=T: PROPERTY OWNER COSTAIN HOMM, INC., a Delaware corporation June S. Greek, City Clerk By: APPROVF-D AS TO FORM: its By: Peter M. Thorson, City Attorney its r:\agcnda.rpt\conain.mou -4- MEMORANDUM OF UNDERSTANDING CONCERNING PLANNING AREA NO. OF SPECIFIC PLAN NO. 199 TBAS MIEMORANDUM OF UNDERSTANDING, (the "Memorandum") is made and entered into as of 1994 by and between the City of Temecula (the "Cirv") and C=esean Costain Homes Inc., a G@@a Delaware corporation db- Da,,,idseft 1-i-E-3fne-s("Owner"). RECITAIS A. Ile City Council of the City of Temecula is reviewing and considering, as provi 'ded by law, an Amendment and Restatement of Development Agreement between City and Owner, (the "Draft Agreement'). B.Owner is developing a residential project in what is known as Planning Area No. of Specific Plan No. 199, Tract No. 2:79!6 22916 and 22916-3 (the 'Project'). The Project is currently subject to Development Agreement No. 5 between the County of Riverside (the "County") and Kaiser Develp2ment ComT)anv, a California comoration, Mesa Homes, a California coML)ration: Marizarita Village Development Companv, a California Joint venture comprised of Buie-Rancho California, Ltd., a C difomia limited partnership and Nevada-Rancho California. Ltd.. a California limited Dartnership-, and Tavco. a California general parmershil2 com]2rised of Tavlor Woodrow Homes Inc. a Delaware coML)ration, and others (the "Development Agreement No. 5"), which requires Owner to pay certain development fees (the 'Development Fee'). C. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City ("RSA Fees'). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development. D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a Development Fee reduction due to: (i) the excessive level at which the County originally calculated the Development Fee; (ii) the high level of assessment district = existing on the Project; and (iii) the entry level nature of the homes to be built in the Project. E. The Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City desires to ia.rptkcostain.red reduce the County Impact Fees for residential developmer?@ in the Project to a level comparable to the RSA Fees. F. Ile Draft Agreement provides for Owner to pay the sum of Three- Thousand, Two-Hundred Dollars ($3,200.00) for each residential unit as the Interim Public Facilities Fee. The Draft Agreement provides for the collection of any Interim Public Facilities Fee to be deferred until such time as Owner obtained a certificate of occupancy for the first production home built in the Project. G. Owner contemplates commencing construction of the homes for the Project (68 units) prior to acceptance by the City Council of City of the Draft Agreement. H. City desires, as an accommodation to Owner, to permit Owner to pay the Interim Public Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the fact that the Draft Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, City and Owner agree as follows: 1. In lieu of any fee required by Development Agreement No. 5, RSA Fee or City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the amount of Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit. If City fails to approve or adopt the Draft Agreement or if the Interim Public Facilities Fee, as established by City, is some number other than Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit, then the fee paid by Owner to City shall be adjusted accordingly. Owner shall pay any increase or City shall pay to Owner any decrease within thirty (30) days from the effective date of City Council's action on the Amendment and Restatement of Development Agreement. 2. Ile Interim Public Facilities Fee for all units shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built in the Project. Thereafter, the Interim Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed in the Project. 3.Indemnity and Cost of Litigation. 3.1 Held Humiess. aerms te and ghs4i he!'- C-- -3 a-!!ents. ei",gieyees an.' p ..-F.M.iess @fn i -afnage ef elaifns fe.f: 11-ma-e w demaee fer- per-seii--' ffafn the di.r---et or- indir-eet opeiettens ef the G)wne-.- -or- these ef it.@- ....-..Yee er- et--- :Is behalf whieh relate te tl. - 'n Beef. E)wner- aer-ees te and shoal defend. -M C-ivy and it-S Eteents. r:\agcnda.rpt\conain.md feein.es ffefn a--tiens fef: eatised e. 5,1.!ge-r-ed ef th .fe@ te ift this eampfa,-,h- the C-itN, or-ee@. Reatiefts fef ihe Pr-eieet. Counly Litigation Concemine AP-,reement. In the event the County seeks to challenge the right of City and Owner to enter into this Memorandum, any subsequent. ao.r-eefnents r-ela@,,- to the P@eet ifteltiding btit itet @@ te the te@ation e,f Deyelepfnent Agf:eefnent @ie. 5, and institutes an action, suit or proceeding to challenge this Memorandum or any stibseqtteftt ag@fnefit:s e.r- invalidate andjor enjoin the enforcement of this Memorandum er- any subs@n+ agEftFaeiits f-e@g to the P@eet er- the ameiidfnent of Deyelepfa@-Agr-eefneitt ?@e. 5 e@ stieit ether- aetien(s) whieh result in tift@enabie deia), in the deyelepfneftt ef the @ffy, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Memorandum er- any s@uent agreefneiit:s r-elatili,,- te the Pr-ejeet and,ler- t@ate Deye4epfnefit .@grftineftf ?;e. S. Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of total units owned by Owner which are subject to this Memorandum ef: @y subsequent agreements r-elating te the Pr-ejeet. compared to the total number of units within the City in which the City has lowered the County fees. Damages (including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the terms of this Memorandum er- any subsnuent a,-,r-eefnefits r-elatin,-, te shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the @ and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. 44 3.2 Public Facilities Fees Shortfall. In the event the County prevails in any legal actio7or other proceeding to challenge, set aside, or enjoin the enforcement of this Memorandum ef- any subseqtieitt agreements r-ela6ag te the Pr-ejeet and a trial court determines that Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and r: .rpt\costain.red te hEN-e b@ %,hether- ef held by City under the ter-ins of Development Agreement No. 5. Such payment by City Lo County shall reduce Owner's liability to County for payment of such fees by a @ amount paid by City. 94 3.3 Couniy Prevails in Litigation - Severabilily. In the event the County prevails at the tW court level against the City or the Owner as described in Section @- 3.1 of this Memorandum, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the Countv Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser amount as determined bv the Court). In the event this Memorandum er- any sebseqtteitt agreeinefits i-ele@g te the Pr-ejeet. is held to be invalid or unenforceable by a trial court of competent jurisdiction-.,, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser amount as determined by the Court). AR other provisions of this Memorandum or any subsequent agreements relating to the Project shall remain valid and enforceable notwithstanding said ruling of invalidity. 34 3.4 Third @ Litigation ConcerninL, A=ment. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Memorandum or an@, stibsequeiqt agfmmefits relating t-e the Pr-ejeet er- the approval of any permit granted pursuant to this Memorandum er- any stibsequeiif agreements r-eIE6ng te the P@eet. brought by a third party other than the County. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 94 3.5 Termination of Memorandum of Understanding. If the Draft Agreement is approved by the City Council, this Memorandum shall terminate upon the effective date of the Draft Agreement. If the Draft Agreement is disapproved by the City Council, then the obligations of Owner under this Memorandum shall terminate and Owner thereafter shall be subject to the terms of Development Agreement No. 5. r: @genda.rpt\.costain.rrd IN S F, the parties executed this Memorandum as of day of 1994. CITY OF TEMECULA By: Ron Roberts, Mayor A=T: PROPERTY OWNER C-E)SGAN COSTAIN HOMES C-,kLIFE)@4A, INC., June S. Greek, City Clerk a G@rnia Delaware corporation APPROVED AS TO FORM: By: its Peter M. Tborson, City Attorney By: its r:\agenda.rpt\cosuin.md CITY ATTOt.., FINANCE OFF CITY MANAGI CITY OF TEMECULA AGENDA REPORT TO:City Council/City Manager FROM:Gary Thornhill, Director of Planning DATE:January 10, 1995 SUBJECT:Memorandum of Understanding concerning Specific Plan No. 1 99, Costain Homes RECOMMENDATION That the City Council approve the Memorandum of Understanding concerning Specific Plan No. 199 for Costain Homes, authorizing the payment of the development fees at a specified level and directing the Mayor to execute the agreement on behalf of the City and the City Clerk to attest thereto. BACKGROUND The City Council considered this matter at its meeting of December 13, 1994. However, because of Council concerns relating to indemnity and cost of litigation, it was continued to January 10, 1995. In addition to the concerns, Council desired to have copies of the previously approved Development Agreements for Roripaugh Hills and Kemper (Paloma de[ Sol). Staff has attached copies of both agreements for Council review. As to the matters of indemnity and litigation, because of the short lead time to prepare the staff report for the meeting of January 1 0, staff will provide an oral report on these items at the meeting. FISCAL IMPACT Slight delay in initial receipt of Interim Public Facilities Fees as they are delayed until the first Certificate of Occupancy for the production units, but would be paid in the event the City Council denies the draft Development Agreement within thirty days of the City's demand. Attachments: 1 . Kemper Development Agreement - Page 2 2.Roripaugh Development Agreement - Page 3 3. Staff Report and Memorandum of Understanding, December 13, 1 994 - Page 4 R:\STAFFRPT\199SP.CC 1/4/95 kLb 1 ATTACHMENT NO. 1 KEMPER DEVELOPMENT AGREEMENT R:\STAFFRPT\199SP.CC 12/23/94 kLb 2 62043 T-nde@tv ;Ind C-ost 11.1 Hold H@ess. owner agrees to and shau hold City, its officers, agents, employees and representatives harmless from liability for tintn:tge or cl@ for damage for personal injury including death and ci@ for property damage which may @ from the direct or indirect operations of the owner or those of his contractor, subcon=actor, agent, emt)love,-, or other person acting on his behalf which re late to the ProjecL Owner agrees -to and shau indemnify, defend, and bold harmless the City and its offi=rs, agen@ employees and representatives from actions for ri.irngges caused or alleged to have been c2ii-ged by remon of Owner's activities in conn@on with the ProjecL hold harmless agreement applies to all ti:iynnges and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regarcuem of whether or not City prepared, supplied, or approved plans or specifications for the Project a . nd =dl@ of whether or not the insuran= policies referred to herein are applicable. 11.2County- litivation Concerning Atreem= In the event the County seeks to challenge the right ofCity and Owner to enter into this Agreement or to termirate the Development Agreement,and @tates an action, suit or proceeding to @enge @ fi=ecment or invalidate and/or enjoin the enforcement of this Agreement or the amendment of the Development Agreement or take such other action(s) which r@t in unreasonable delays in the development of the Property, City and Owner agree to cooperate and participate in a joint defense in any action against the panic their ofn-=rs, agents and employe@ from and against any and all such obligations, liability, suit, c@ loss, judgment or lien, resulting from such acdon(s) brought by County, (but excludin.z actions to @unge any ]is pendens) and to share equally the costs assod=d with attom@ fe@ costs and finrn:ages (including the diff6rence in the amount of any Interim Public Facilities Fees and the amount -of the County Development Agreement Fee paid by Owner to City pursuant to the Di-05-93 lz"l- F: isz\ iz.12r. E; 0 4.3 terms of @ Accement) @at the par-ties mav incur as a result of any such action or la@t to @allenge City and/or Owner's legal authority to enter into @ Azreement and/or terminate the Development AgrcemenL City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided City and Ovmer each reserve the right to withdraw from the defense of the County litigation in the event the Countv prevails at the =ial level and there.is an appeal If either party withdraws after the aW and there is an appeal. the remaining party shall pay all of the costs and fees associated with said appeal 11-3 Public Facilitie,, Fees ShortfalL In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of @ Agreement and a @ court determines that Owner and/or the aty is Hable to make up any shortfall between the amount of the Interim Public FacUity Fee or the City Public Facffities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been @ed pursuant to the Development Agreement, then City and Owner shall each share equally m paymg said Shortfall 11.4 Counly Prevails in liti@on - Severability. In the event the County prevails at the =W court level against the City or the Owner as descried in Section 11.2 of tbds Agreement, the amount of the Interim Public Facility Fee or the aty PubUc Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County. In the event this Agreement is held to be invalid or unenforceable by a @ court of competent jurisdiction, the provisions set forth in Section l'? 'A(a), (b) and (c) of this Agreement shall no longer be enforceable and from the date of said &W judgment or ruling of invalidity, Owner shall therwher -pay the County Development Agreement Fee a s provided in S@on 4 ? of the Development Agreement. AU other provisions of this Agreement shall remain valid and enforceable no@thstanding said ruling of invalidity. CM-M-93 t=i-00064 F:W=IU% 12. 12r@ 16 46 0 -.3 11-5 defend, at its attorneys, fe@ inde@, and hold harmless CiY, its agen@ ofei=rs and .nse, including employees from any @ action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of @ Agreement or the approval of any permit granted -Pt to this Agreement brought by a third party other than the County. City @ promptly U'O@ Owner of any such @ action, or proceeding, and City shall cooper=e in the defense. If City to promptly notify owner of any such claim, action, or proceeding, or if City fals to cooperate in t e defense, owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City =y in its discretion partic:LPate in the defense of any such @ action, or proccedin& 11.6 Tbird pn= iti-92tion roncerning the General Plan- City is a newly incorporated city falling within the scope of Sectio n 65360 and thus not subject to the requirement that a General Plan be adopted or that development decisions be consistent ther@th so long as the City makes =@ fin@ which the City has made at Section J of the Recitals to this AgreemenL _Itwithstanding these findmgs City shall have no liability in damages under this Agreement for any failure of City to perform under this Agreement or the inability of Owner to develop the Propcrry as of a contemplated by the Development Plan of this Agreement if such failure or inability is the result judicial determination that on the F-ffective Date, or at any time ther , the findings made under Section 65360 or the fa=e General @ are invalidated or itladequate or not in compliance law. 11.7 F:@ronmental Assurances. Owner shall indemnify and hold City, its officers, agents, and ciployem free and harmless from any liability, based or asserted, upon anY act or orni-r,-,ion of Owner, its ofa-cers, agents, employem subcontractors, prede=mrs-in-inter@ successors, assigns and independent contractors for any vio@on of any federal state, or local law, ordinance or regulation re@g to industrial hygiene, solid or 'nn"rdous waste or to environmental 01-08-93 I=-OOG" F: l@ Z. 12re 17 Conditions or, under or about the PropertY., Said violations shall include, i:)ut not limited to, soL and z-oundwater conditio= and owner shall defend, at its @ense, including attom@ fees' City, its offi=rs, agents and employees in mV action based or asserted upon any such aleged act or omission. Ziry may, in its discretion, participate in the defense of any such actiorl Public Benefits, Public I=rove Ients and Facilities. 12-1 Intent, The parties ackaowledge and agree that development of the Property wM result in substantial pubuc needs which will not be billy met by development of the Project and further acimowledge and agree tbat this Agreement confers substantial p@te benefits on the Owner which should be balanced by comrn te public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private beneffts conferred on the Owner by providing more hilly for the sa an of the public needs @@ from development of the ProjecL Public Facilities Fee (Non-Residentian, The developer(s) of the ProperLy shall pay a capital or impact fee for road improvements and public facilities in an amount the City may adopt for non-residential development. The term 'developer(s) of the Property or Project' as used in this Section shall mean the person(s) who seeks a building permit to cons=uct struc=es on the Property. These individuals or entities shall be referred to as the 'Developer. If an interim or &W public facility mutation fee or benefit district for non-residential construction bas not been ft0y @lished by the date an which Developer requests building permits for commercial construction in the Proj= or any phase thereo& the Developer, ff required by City, @ execute an Agreement For Payment of Non-Residential Public Fuffity Fees sub y in the form a=ched marked'Fxbi'hit D and made a part herein by @ rcfercn= 01 12221 F:l@920WIZ.12r. ATTACHMENT NO. 2 RORIPAUGH DEVELOPMENT AGREEMENT R:\STAFFRPT\199SP.CC 12/23/94 kLb 7. 'Binding 'EtL--. A"Mment. 7be burdens of t" -=ment bind and the benefits of the Agreement inure to the succemors-'n-'nte= to the parties to it in accordance with the provisions of and subject to the limitations of @ Agreement. 8. Relationship of Parties. it is und that the contractual relationship between er is such that the Owner is an independent contr=or and not the agent of Ci City and Own ty. 9. Changes in Proiect. No change, modification, revision or alteration of @stinc, Development Approvals may be made without the prior approval by those agencies of the City equivalent to the County agencies that approved the Existing Development Approvals in the first instance (if the County had granted the approvals) or by the same City agency that cranted the Existing Development Approvals, (if the City granted the approval in connection with the adoption of this Agreement). 10. Timing of DeveloRment. The parties acknowledge that Owner cannot at this time predict when, or the rate at which the Property will be developed. Such decisions depend upon numerous factors -which are not within the contro@f Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the Califoniia Supreme Court held i-.i Pardee Construction Co. v. Citv of Camarillo, 37 Cal. 3d 465 (1994), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, it is the parties, intent to cure that deficiency by acknowledging and providing that the Owner shall have the night to develop the Property in such order and at such rate and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11.Indemnitv and Cost of Litigation. 11.1Hold Harmless. Owner agrees to and shall hold City, its officers, agents, employees and representatives harrnless from liability for ce or claims for damage for K:LDMSLILWDiMowS-q.gs. 12 personal injury . including ..d claims for property damage whi,., y arise from the dir=t or indirect operations of the Owner or those of its contractor, subcontractor, agent, employee or other person acting on its b@which @te' to the ProjeCL Owner to and shall indemnify, defend, and hold harmless the City and its officers, agents, r-mplovees and representatives from actions for damages cail-ted or alleged to have been caused by reason of owner's activities in connection with the ProjecL This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations refined to in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. 11.2 Countv LitiF-,afion Concernina, AUeement. In the event the County seeks to chauen-e the right of City and Owner to enter into this Agreement or to terminate Development Agreement No. 37, and institutes an action, suit or proceeding to challen-e this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the amendment of Development Agreement No. 37 or take such other-action(s) which result in unreasonable delays in the development of the Property, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brou-ht by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate Development Agreement No. 37. Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of the total units owned by Owner which are subject to this Agreement compared to the total number of units within the City in which City has lowered the County fees. Damages (including the difference in the amount of any In@m Public Facilities Fee and the amount of the County Development K:IDMSULW.DIMDWSS96. 13 @rnent F= paid by IL - - -e- @nsibility of owner. To the extent Owner has paid Interim Public Facilities Fees and/or county Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pa y such sums to County and Owner shall have such liability for the payment of the diff=nce between such fees reduced by ft amount paid by the City. City and I Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litifation in the event the County prevails at the @ level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remairu'nc, party shall pay all of the costs and fees associated with said appeal. 11.3 Public Facilities Fees Sho@. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this ,c,reement and a @ court determines that Owner and/or the City is liable to make up any A= shortfall between the amount of the Interim Publi&Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 37, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the terms of Development Agreement No. 37. Such payment by City and County shall reduce Owner's liability to County for payment of such fees by a like amount paid by City. 11.4 Counly Is in Litiza@on - Severability. In the event the County prevails at the aW court level against the City or the Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County. In the event this Agreement X:IDA#S'LJLWDIRIDWS99a Wr 14 City pursuant to the terms of L, reement) shall be the is held to be invalid or un@. able by a =W Cot= Of COMPCT=L j diction, the provisions set forth in Section 12.3(a), (b) and (c) of @ Agreement shall no lonter be enforceable and from the date of said @ judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Developme-,it Agreement No. 37. All other provisions of this Agreement shall =main valid and enforceable norwiths=ding said ruling of invalidity. 11.5 'nird PaM ncernincr Agreement. Owner s@ defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to a=ck, set aside, void, or annul the approval of @ Agreement or the approval of any permit granted pursuant to this Agreement brought by a @ party other dm the County. City shall promptly no@ Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly nof4 Owner of any such claim, action, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 11.6 Environmental Assurances. Owner shall indemnify, defend with counsel approved by City, protect, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fmes, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any Idnd whatsoever paid, incurred, or suffered by, or asserted against, City X'WMSLIL WDMOMS996. 15 ATTACHMENT NO. 3 STAFF REPORT AND MEMORANDUM OF UNDERSTANDING DECEMBER 13,1994 R:\STAFFRPT\199SP.CC 12/23/94 ktb 4 A C17Y A7TOR FINANCE OF C17Y .,ANA@ CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Gary Thornhill, Planning Director DATE:December 13, 1994 SUBJECT:Memorandum of Understanding Concerning Specific Plan #1 99, Costain Homes RECOMMENDATION: That the City Council approve the Memorandum of Understanding concerning Specific Plan No. 1 99 for Costain Homes, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. BACKGROUND: The attached Memorandum of Understanding will authorize Costain Homes to pull building permits and occupancy permits for homes in their development, without payment of the Public Facilities Fees until such time as the first production home obtains its Certificate of Occupancy. This provision is consistent with previous approvals granted to similar projects in the City. The City is currently negotiating a new Development Agreement between the City and Costain for this project. Approval of this Agreement will not mandate that the City Council approve the draft Development Agreement. In the event the City Council denies the draft Development Agreement, the Memorandum of Understanding provides that Costain will then pay the Public Facilities Fees as provided in the existing Development Agreement No. 5. This Memorandum of Understanding will allow the development of homes in the Costain project to move forward in an expeditious fashion. Costain is agreeing to pay an Interim Public Facility Fee in the amount of $3,200.00 per unit. As construction and substantial work on the homes has already begun, there should be relatively little delay in the City's receipt of the Interim Public Facilities Fee. -pt\rosutin The indemnity provisions Of this Memorandum of Understanding are slightly different than the executed Memorandum of Understanding between the City and Coscan for the Roripaugh project. HowiFver, the existing development agreement (Riverside County Development Agreement No. 5) contains very broad indemnity langu:F.,ge sufficient to protect the City's interests. This Memorandum of Understanding contains adequate language protecting the City against any challenges to the fee issue. The Planning Commission and City Council will be presented in the near future with the draft Development Agreement. The terms of the draft Development Agreement will be subject to extensive negotiations between the City and the developer. FISCAL IMPACT: Slight delay in initial receipt of Interim Public Facilities Fees as they are delayed until the first Certificate of Occupancy for the production units, but would be paid in the @vent the City Council denies the draft Development Agreement within thirty days of the City's demand. AT-i ACHMENTS: Memorandum of Understanding. -2- ORANDUM OF UNDERSTANDING CONCERNING PLANNING AREA NO. OF SPECIF'IC PLAN NO. 199 TE[IS ORANDUM OF UNDERSTANDING, (the OMemorandumw) is made and entered into as of9 1994 by and between the City of Temecula (the acity*) and Co@ Homes, Inc.,a Delaware corporation ('Owner'). RECITAIL A. Tne City Council of the City of Temecula is @wing and considering, as provided by law, an Amendment and @tement of Development Agreement between City and Owner, (the 'Draft Agreement'). B.Owner is developing a residential project in what is known as Planning Area No.of Specific Plan No. 199, Tract No. '77916 and '7)916-3 (the "Project"). The Projectis currently subject to Development Agreement No. 5 between the County of cor Riverside (the 'County') and Kaiser Development Company, a California poration; Mesa Homes, a California corporation; Margarita V-@e Development Company, a California joint venture comprised of Buie-Rancho California, Ltd., a California limited partnership and Nevada-Rancho California, Ltd., a California limited partnership; and Tayco, a California general partnership comprised of Taylor Woodrow Homes, Inc., a Delaware corporation, and others (the "Development Agreement No. 5'), which requires Owner to pay certain development fees (the wdevelopment Fee'). C. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City ('RSA Fees'). City requires these revenues to mitigate the impact of development City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a Development Fee reduction due to: (1) the excessive level at which the County originally calculated the Development Fee; Cii) the high level of assessment district = existing on the Project; and (iii) the entry level nature of the homes to be built in the Project. E. The Development Agreement No. 5 provided for public facilities and services impact fees (wcounty Impact Feeso) higher dm the RSA Fees. These higher fees, particularly during the present on, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City d@ to reduce the County Impact Fees for residential development in the Project to a level comparable to the RSA Fees. -.rpt%coaa F. The Draft Agreement provides for Owner to pay the sum of @- rbousand, Two-Hundred Dollars ($3,200.00) for each residential unit as the Interim Public Facilities Fee. The Draft Av=ment provffr-s for the collection of any Interim Public Facilities Fee to be def@ until such time as Owner obtained a =rtificate of occupancy for the first on of the homes for the Pmject (68 production home built in the ProjwL G.Owner contemplates commencing co units) prior to acceptance by the City Council of City of the Draft Agreement. H. City desires, as an accommodation to Owner, to pern-dt Owner to pay the Interim Plublic Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the &a that the Draft Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW ORF, in consideration of the mutual covenants h contained, City and Owner agree as follows: 1. In lieu of any fee required by Development Agreement No. 5, R.SA Fee or City Public Facilities Fee, Owner shall pay an Intexim Public Facilities Fee in the amount of Three-Tbousand, Two-Hundred Dollars ($3,200.00) per dwelling unil If City fails to approve or adopt the Draft Agreement or if the Intadm Public Fncilities Fee, as @lished by City, is some number other than Thousand, Two-Hundred Dollars ($3,200.00) per dwela- unit, then the fee paid by Owner to City shall be adjusted accordingly. Owner pay any increase or City shall pay to Owner any d e within @ (30) days from the effective date of City Council's action on the Amendment and Re=tement of Development Agreement. 2. The In@ Public Facilities Fee for all units shall be def=Ted until such time as a certificate of occupancy has been obtained for the f= production home built in the Project. Tbereafter, the Interim Public Facilities Fee @ be paid at the time of issuance of building permits for each residential unit constructed in the Project. 3.Indemnity and Cost of Litigation. 3.1 County Litieation Concerning Ag=menl. In the event the County seeks to challenge the right of City and Owner to enter into @ Memorandum, and institutes an action, suit or proc@g to challenge @ Memorandum or invalidate and/or enjoin the enforcement of @ Memorandum, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employ=, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to chauen-e City and/or Owner's legal authority to enter into this Memorandum. Owner's defense costs herein shall be its pro rata r.%Agtmkapt -2- share amont, all impacted landowners based on a ratio of contribution of total units owned bv owner which are subject to @ Memorandum compared to the total number of units within the City in which the City has lowered the County fees. Damages Cmcluding the diff=ce in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the terms of this Memorandum) shall be the @nsibility of Owner. To the ==t Owner has paid Interim I>ublic Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such siim--, to County and Owner shall hive such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agr= on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the =W level and there is an appeal If either party withdraws after the tW and there is an a@, the remaining party shall pay all the costs and fees associated with said appeal. 3.2I>ublic Facilities Fees Sho@. In the event the County prevails in any legal action or other g to challenge, set aside, or enjoin the enforcement of this Memorandum and a =W court determines that Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the te= of Development Agreement No. S. Such payment by City to County shall reduce Owner's liability to County for payment of such fees by a @ amount paid by City. 3.3 Counly Prevails in Litigation - Sevembility. In the event the County prevails at the =W court level against the City or the Owner as described in Section 3.1 of this Memorandum, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, @ revert to the amount of the County Development Acreement Fee in effect at the time of entry of the @ judgment in favor of the County (or such lesser amount as determined by the Court). In the event this Memorandum is held to be invalid or unenforceable by a tW court of competent jurisdiction, Owner @ th pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser amount as de ed by the Court). All other provisions of this Memorandum or any subsequent agreements relating to the Projea shall remain valid and enforceable notwithstanding said ruling of invalidity. 3.4 Third Litization Concerning Ae=ment. Owner shall defend, at its @nse, including =omeys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding c,@st City, its agents, officers, or employees to at=k, set aside, void, or annul the approval of this Memorandum or the approval of any permit granted pursuant to this Memorandum brought by a third party -3- other than the County. City shall promptly noffy Owner of any @ claim, action, or pr and City @ coope= in the defense. If City @ to promptly noffy Owner of any such @, action, or p- @ @g or if'City @ to cooperate in the defense, Own= shall not th be responsible to defend, indemnify, or hold h@ew Cirv. City may in its discretion participate in the defense Of any such claim, action, or proceeding. 3.5 Termination of Memomdum of Und dinl, If the Draft Agreement is approved by the City Council, this Memorandum shall te upon the effective date of the Dnft AgreemenL If the Draft Agreement is disappmved by the Cirv Council, then the obligations of Owner under this Memorandum shall ate and Ovmcr thereof= shall be subject to the terms of Development Agreement No. S. IN S Ft the parties executed this Memorandum as of this day of 1994. CITY OF TEMECULA By: Ron Roberts, Mayor A i'i EsT: PROPERTY 0 COSTAIN HOMO, INC., June S. Greek, City Clerk a Delaware corporation APPROVED AS TO FORM: By: its Peter M. Thorson, City Attorney By: its ATTACHMENT NO. 5 CITY COUNCIL MINUTES R:\STAFFRF'r\107PA94.PC 6/11/96kib 28 it was moved by Councilmember Parks, seconded by Councilmember Lindemans to approve staff recommendation as follows: 11.1Approve contract Amendment No. 1 to the Professional Services Contract with Leighton and Associates to provide additional concrete and soils testing services for the Liefer Road Bridge and Street Improvements Project (PW93-02) in the amount of $4,964.62. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Lindemans, Muiioz, Parks NOES: 2 COUNCILMEMBERS: Stone, Roberts ABSENT: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 1 9.Memorandum of Understanding Concerning Specific Plan #1 99, Costain Homes Planning Director Gary Thornhill presented the staff report. Mayor Pro Tem Stone asked how many homes are potentially involved and if the City has pursued an agreement requiring the developer to bear all legal costs should litigation occur. Planning Director Gary Thornhill reported this agreement covers 68 homes and indicated this type of agreement has been negotiated in past agreements and represents a shared responsibility for legal fees. Councilmember Lindemans asked how many vested units exist in the City where this type agreement was used. Mr. Thornhill responded approximately 10,000 units are vested in the City at this time. Councilmember Parks stated the Memorandum of Understanding in question is a small percentage of the total number of units and a delay may hold up building permits. Councilmember MuFioz asked if building permits could be issued, based on an agreement with the developer that the terms of the MOU, if and when approved, would establish the fees. It was moved by Councilmember Parks to approve staff recommendation. The motion failed for lack of a second. Sanford Edward, representing Costain, stated that this MOU represents a small number of lots and Costain could not afford to bear the entire legal responsibility. City Manager Bradley suggested allowing staff time to research the Kemper agreement and do an analysis. R:\Agendakl 22094 7 Mayor Pro Tem Stone suggested allowing building permits to be pulled at the $5,000 fee, to be reimbursed when agreement is reached. Sanford Edwards representing Contain, asked that Contain pay $3,200 and pay additional fees at a later time if necessary. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Mufioz to refer this matter to staff to address Council's expressed concerns regarding the provisions for payment of legal fees. It was further directed that staff allow permits to be pulled by the developer at the $5,000 per D.U. County fee, with the understanding the City will rebate any difference to the developer, should a lower fee be negotiated, when the MOU is approved. AYES:3 COUNCILMEMBERS: Muiioz, Stone Roberts NOES:2 COUNCILMEMBERS: Lindemans, Parks ABSENT:0 COUNCILMEMBERS: None CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Lindemans to adjourn at 3:25 PM to a meeting on January 10, 1 995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, CA. The motion was unanimously carried. Mayor Ron Roberts ATTEST: June S. Greek, City Clerk R:@e@\1 22004 COUNCIL BUSINESS 14Memorandum of Understanding Concerning Sr)ecific Plan #1 99, Costa'n Homes Planning Director Gary Thornhill presented the staff report. City Attorney Peter Thorson reported the agreement provides that the developer will pay a pro- rata share based on units if all the affected developments are sued by the County. He explained that if only this developer is sued, he would bear full legal responsibility. Susan Lindquist, 620 Newport Center Drive, No. 400, Newport Beach, representing Costain Homes, asked if the City of Temecula is named in a suit by the County, would the City participate in defense. City Attorney Thorson answered the agreements provide that the City will not bear any legal expenses. If all effected developments are sued, they would pay their pro-rata share, however if Costain is sued individually, Costain would pay 1 00% of defense, even if City is named. Sanford Edwards, Box 2, Temecula, representing Costain Homes, stated he feels the City needs to be consistent with its agreements and asked that this development not be committed to more liability than other developments in a similar situation. Mayor Pro Tem Lindemans stated he feels the Council should meet with the Board of Supervisors to find out their intentions regarding this matter. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve staff recommendation as follows: 14.1Approve the Memorandum of Understanding concerning Specific Plan No. 199 for Costain Homes, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Muiioz ABSTAIN: 1 COUNCILMEMBERS: Lindemans 1 5 Ambient Air Balloon Ordinance Planning Director Gary Thornhill presented the staff report. minutes\Ol 1095 -a- 1/1 2/9S ATTACHMENT NO. 6 EXECUTED MEMORANDUM OF UNDERSTANDING R:\STAFFRPT\107PA94.PC 6111/96 kib 29 MMMORANDLTM OF UNDERSTANDING CONCERNING PLANNING AREA NO. 16 OF SPECMC PLAN NO. 199 ORANDUM OF LTNDERSTANDING, (the "Memorandum") is made and entered into as of January 10, 1995 by and between the City of Temecula (the "City") and Costain Homes, Inc., a Delaware corporation ("Owner"). RECITALS A. The City Council of the City of Temecula is reviewing and considering, as provided by law, an Amendment and Restatement of Development Agreement between City and Owner, (the "Draft Agreement"). B. Owner is developing a residential project in what is known as Planning Area No. 16 of Specific Plan No. 199, Tract No. 22916 and 22916-3 (the "Project"). The Project is currently subject to Development Agreement No. 5 between the County of Riverside (the "County") and Kaiser Development Company, a California corporation; Mesa Homes, a California corporation; Margarita Village Development Company, a California joint venture comprised of Buie-Rancho California, Ltd., a California limited partnership and Nevada- Rancho California, Ltd., a California limited partnership; and Tayr-o, a California general partnership comprised of Taylor Woodrow Homes, Inc., a Delaware corporation, and others (the "Development Agreement No. 5"), which requires Owner to pay certain development fees (the "Development Fee"). C. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City ("RSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development. D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a Development Fee reduction due to: (i) the excessive level at which the County originally calculated the Development Fee; (ii) the high level of assessment district tax existing on the Project; and (iii) the entry level nature of the homes to be built in the Project. E. The Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to the RSA Fees. r:\agcnda.rpt\co@in.niou F. The Draft Agreement provides for Owner to pay the sum of Three- Thousand, Two-Hundred Dollars ($3,200.00) for each residential unit as the Interim Public Facilities Fee. The Draft Agreement provides for the collection of any Interim Public Facilities Fee to be deferred until such time as Owner obtained a certificate of occupancy for the first production home built in the Project. G. Owner contemplates commencing construction of the homes for the Project (68 units) prior to acceptance by the City Council of City of the Draft Agreement. H. City desires, as an accommodation to Owner, to permit Owner to pay the Interim Public Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the fact that the Draft Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW THEREF'ORE, in consideration of the mutual covenants hereinafter contained, City and Owner agree as follows: 1. In lieu of any fee required by Development Agreement No. 5, RSA Fee or City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the amount of Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit. If City fails to approve or adopt the Draft Agreement or if the Interim Public Facilities Fee, as established by City, is some number other than Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit, then the fee paid by Owner to City shall be adjusted accordingly. Owner shall pay any increase or City shall pay to Owner any decrease within thirty (30) days from the effective date of City Council's action on the Amendment and Restatement of Development Agreement. 2. The Interim Public Facilities Fee for all units shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built in the Project. Thereafter, the Interim Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed in the Project. 3.1-ndemnity and Cost of Litigation. 3.1 Couniy Litigation Concerning ALrreement. In the event the County seeks to challenge the right of City and Owner to enter into this Memorandum, and institutes an action, suit or proceeding to challenge this Memorandum or invalidate and/or enjoin the enforcement of this Memorandum, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Memorandum. If the County action is against all impacted r:\agenda.rpt\cosmin.mou -2- developments for which the City has lowered the county fees, the Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of total units owned by Owner which are subject to this Memorandum compared to the total number of units within the City in which the City has lowered the County fees. If the County action is only against owner with respect to this memorandum, and not against other impacted landowners for which the City has lowered the County fees, then Owner's defense costs shall be 100% of the attorneys fees and costs for defense of the litigation. Damages (including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the terms of this Memorandum) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the tW and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. 3.2 Public Facilities Fees Shortfall. In the event the County prevails in any legal action or other proceeding to challe@nge, set aside, or enjoin the enforcement of this Memorandum and a trial court determines that Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the terms of Development Agreement No. 5. Such payment by City to County shall reduce Owner's liability to County for payment of such fees by a like amount paid by City. 3.3 Couniy Prevails in Litigation - Severabiliiy. In the event the County prevails at the tW court level against the City or the Owner as described in Section 3.1 of this Memorandum, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser amount as determined by the Court). In the event this Memorandum is held to be invalid or unenforceable by a trial court of competent jurisdiction, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser amount as determined by the Court). All other provisions of this Memorandum or any subsequent agreements relating to the Project shall remain valid and enforceable notwithstanding said ruling of invalidity. r:\agcnda.rptkcosuin.twu -3- 3.4 Third PaM Litigation ConceminL, Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Memorandum or the approval of any permit granted pursuant to this Memorandum brought by a third party other than the County. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 3.5 Termination of Memorandum of Understandine. If the Draft Agreement is approved by the City Council, this Memorandum shall terminate upon the effective date of the Draft Agreement. If the Draft Agreement is disapproved by the City Council, then the obligations of Owner under this Memorandum shall terminate and Owner thereafter shall be subject to the terms of Development Agreement No. 5. IN W S VMERIEOF, the parties executed this Memorandum as of this 10th day of January, 1995. CITY OF TEMECULA By: i, e, Mayor ATMT: PR COSTAIN HOMES, INC., a Delaware corporation Greek, City Cl r@ APPROVED AS TO FORM: its Ae ot@ A. By. Peter M. Thorson, City Attorney r:'Agcnda.rpt\costain.mou -4- ATTACHMENT NO. 7 PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 5 R:\STAFFRPT\107PA94.PC 6/11196kib 30 ATTACHMENT NO. 8 EXHIBITS R:\STAFFRPT\107PA94.PC 6111/96 klb 31 CITY OF TEMECULA 1 22 23 24 25 26 Z7 29 30 37 32 7 34 as %g 36 27 @o As as 17 so .p6 22 51 23 go 57 67 63 64 56 6! 7 63 3 r_-A 72 65 76 7S 74 73 68 6 D FoA94-0107 DEVELOPMENT AGREEMENT FOR TM 22916 & 22916-3 _ XHIBIT - A VICINITY MAP PLANNING COMMISSION DATE - JUNE 17, 1996 R:\STAFFRFnl(Y7PA94.PC 5123/96 klb ITEI\4 19 APPROVAL CITY ATTORNEY FINANCE DIRECTCIR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mary Jane McLarney, Assistant City Manager DATE: July 9, 1996 SUBJECT:Miss California USA Pageant Sponsorship RECOMMENDATION: That the City Council consider a request for sponsorship for Heather C. McBroom, Miss Temecula 1996, for Miss California Pageant USA. BACKGROUND: Staff has received the attached sponsorship request from Heather McBroom, Miss Temecula 1996, for Miss California Pageant USA, which is being held on August 27 - September 1 at the Universal Sheraton, Hollywood. Due to the timing of the pageant, it was necessary to bring this item forward before the normal Community Services Funding process. The City has sponsored Miss Temecula in the past in the amount of $500. FISCAL IMPACT: Funds are available in the City Council's Community Services Funding Budget. Attachment: Sponsorship Request Letter c9)6(73@-c-m June 19, 2996 Dear Potential Sponsoi- As Miss Temecula 1996, 1 have en'oyej and taken advantage of the many opportunities that th, i I I is radiant, close knit conununity hap, offered me. Having been a part of some of the Valley's most delightful events, such as The Celebrity Walter's Dinner, 7Me 1995 Pumpkin Run, the Great Temecula Tractor Race, and our many fun-filled mixers just to name a few, I have ce@iiily come to know the conunitment of con-ununity awareness and involvement. Representing our magnificent locale has assuredly been one of my life's greatest accomplishxnents; however, I now believe that R am prepared to take my representation to a towering level, as R have been presented with the oppoxtuni of a lifetime. As you may or may not know, the Miss Temecula Pageant is a preliminary to the Miss California USA pageant, which is being held August 27-September I at the Universal Sheraton, Hollywood. Produced by the Munger @ompany in San Luis Obispo, this pageant is the most renowned and most respected extravaganza in the industry. Hundreds of women vie for the title of Miss California USA yearly, in hopes of ultimately becoming Miss USA, or even Miss Universe. Temecula is a growing, prosperous young community, and as a growing, prosperous young woman, @ attest that R am the ideal representative for our vicinity at the Miss California USA pageant. As a business major at San Diego State University, I know what an important part of our city you are as a business owner. You are the backbone of our society, and I would be honored to have you as one of my spoiiisors. My fees and expenses for this event will more than likely spill over the $3,000.00 mark, as I am being held responsible for my entrance fee, advertising page, wardrobe, accessories, transportation, and any other expenses that @ may incur. @ would greatly appreciate any and all financial contributions, or services that you may he able to provide or offer. Your business logo will be included on my advertising page in the show's program, which will allow for statewide advertising on your behalf. If you have any questions, please don't hesitate to contact me at my home telephone number (909) 696- 2529, or at my work number (619) 271-8390 ext. 238. As the next Miss CaliforniaUSA, I am looking forward to your participation, and I am looking forward to our long lasting and constructive connnunity friendship. Very Sincerely Yours, Heather C. McBroom Miss Temecula 1996 ITEA4 20 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Clerk/Director of Support Services DATE: July 9, 1996 SUBJECT:Appointment to the Murrieta Creek Advisory Committee RECOMMENDATION: 1.Appoint Two Councilmembers to the Murrieta Creek Advisory Committee BACKGROUND: At the meeting of June 25, 1996, Council pointed out,the Murrieta Creek Advisory Committee was no longer being represented by a member of the Temecula City Council. Council directed staff to place this matter on the agenda for appointment. We have prepared a list of the Council's Committee Assignments for 1996. Councilmember Jeff Stone has stated he would like to be considered for appointment to this committee even though he will not be in attendance at this meeting. FISCAL IMPACT: None anticipated ATTACHMENTS:Temecula City Council 1996 Committee Assignments Prepared: Feb. 27, 1996 R:\WorA&.rpt\MLerCrok:spt 1 CULA CITY COUNC]IL 1996 Committee AssiL-nment-s February 27, 1996 Commission Liaison (One Member) Community Services Commission: Planning Commission: Public/Traffic Safety Commission: Redevelopment Advisory Committee: Pechanga Tribal Council Liaison Representative A,;.-;ignment-,q (Extemal Organizations) French Valley Airport Committee Riverside County Habitat Conservation Agency: Riverside County Transportation Commission: Riverside Transit Agency Representative: @COG Representative: Temecula Sister City Corporation Board of Directors Temecula/Murrieta Transportation/Traffic Committee Murrieta Creek Advisory Board Jeff Stone Pat Birdsall Steve Ford Karel Lindemans Ron Roberts Pat Birdsall Steve Ford/Jeff Stone(alt.) Ron Roberts Karel Lindemans Ron Roberts, Steve Ford (alt.) Jeff Stone Steve Ford Karel Lindemans Counc*l Committee Assignments (Two members) - Standing Commiffee, meetings must be noticed at least 72 hours in advance. Economic Development Committee: Ron Roberts, Jeff Stone Finance Committee: Karel Lindemans, Jeff Stone Old Town Steering Committee: Steve Ford Public Works/Facilities Committee: Jeff Stone, Ron Roberts Council and Other Offices Old Town Westside Community Facilities Mayor - Karel Lindemans District Financing Authority Mayor Pro-Tem - Pat Birdsall Chairperson - Pat Birdsall Vice Chair - Karel Lindemans Temecula Community Services District President - Ron Roberts Old Town Westside Community Facilities Vice President - Jeff Stone District Improvement Authority Chairperson - Pat Birdsall Temecula Redevelopment Agency Vice Chair - Karel Lindemans Ch@rson Pat Birdsall Vice Chairperson - RDA - Jeff Stone C I T Y 0 F M U R R I E T A 26442 Beckman Court, Murrieta, CA 92562 Telephone: 909-698-1040Fax: 909-698-4509 July 3, 1996 Karel Lindemans Mayor City of Temecula 43184 Business Park Dr. Temecula, CA 92590 Dear Mayor Lindemans. The Murrieta Creek Committee is bein and a meeting has been scheduled for Thursday, July 18, 1996. The two representatives (Ron Parks and Sal Munoz) from the City of Temecula would need to be appointed with either two Council members or a Council member and a citizen. Your Council's consideration of these appointments prior to July 18th would be apreciated. sh Cou er cc:Ron Bradley, City Manager June Creek, City Clerk TA CREEK CITUENS ADVISORY CO E MURRIEETA CrrY HALL COUNCILL CHAM[BERS JULY 18, 1996 3:00 P.M. AGENDA ITEMS TO BE DISCUSSED: 1.Status of the Design Concept a)Time schedule 2.Status of Planning Upstream of Tenaja 3.Status of Lawsuit and Impact on Murrieta Creek 4.Funding Plans 5.Schedule for Design Completion, Permit Applications 6.Discuss and Devise Maintenance Plan for the Creek Minimize Flooding Develop Standards Permits Needed Maintenance schedule for Creek needed NOW! 7.Multiple Use Concepts Cal Poly Study Amphitheater at Muriieta/Temecula boundary, etc. 8.Set Meeting Schedule for Murrieta Creek Advisory Committee 9.Comments 10. Adjournment DOCUMENTS SUBMITTED FOR THE RECORD ']-9 56 ers- • FreN �S 705 _, July 9, 1996 Temecula City Council Meeting To: Temecula City Council Re: Proposed landpurchases needed for construction of Western Bypass. Dear Councilmembers: As to the purchase of five properties in Old Town, needed for construction of the Western Bypass road, my question is -Why are you considering buying these properties now? When the Old Town Entertainment Center is not yet funded by the promoter, after two years of waiting for the often-discussed "private financing," why is the City of Temecula going full-speed-ahead with plans for the Western Bypass road? Ron Bradley said the City will be reimbursed by a community facilities district unless the entertainment center is not built, in which case "the city may have to cover purchase costs itself." Then WHY are plans for the road not being postponed until the Entertainment Center is financed? Many of us disagree intensely with the decision to build the Western Bypass in the first place, in light of the fact that it is all but a private road being constructed for the Buffman project, but to go ahead and buy property for the road when there possibly will be no project for the road to lead to, seems beyond the realm of logic. Surely you can understand why some of us become frustrated while we wait and wait for relief from traffic congestion that could be vastly improved by an additional overpass, then read of millions of dollars being poured into "the road to nowhere." On the front page of the July 9 Press-Enterprise is a very frightening story about the Lake Elsinore Diamond, a perfect example of what can happen when public money is invested in a speculative business venture. Some quotes from the paper: "The Diamond, despite its popular success, has opened a cash hemorrhage in the city's budget." City officials are discussing a set of "drastic options" which include default on the stadium loan that would ruin the city's credit rating and destroy its financing ability for many years; a special assessment district to increase fees and/or cut public services; refinancing that would "gamble the city's future, and possibly its very existence." Letters to the editor from Lake Elsinore residents include these statements regarding feelings by "public-minded citizens" about the taxpayer-supported Diamond and the WalMart incentive money: "They're paying for their apathy, complacency and stupidity during the great WalMart, Diamond, etc. taxpayer money giveaway. I sincerely hope Temecula can learn from the Lake Elsinore disasters and avoid getting into a similar or worse financial calamity with the Old Town Entertainment Center. I beg you, City Council, to cut our losses and avoid any and all future use of taxpayer dollars for this risky venture that appears to get further and further away from any possibility of a practical accomplishment that would truly benefit Temecula. Th you, aVaro Temecula, CA 92592