HomeMy WebLinkAbout070996 CC Agenda in compliance with the Americans with Disabilities Act, if you need special assistance to participate in
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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
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parties: Ci @ f
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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.
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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
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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
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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 ---------------
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96
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tltd eXt!CLltl,)IICt sai(i @vcirk,, ;jti(i ttio cijri,yiiiii ciii@ C)f (th@ lisi-iri@ i)t ilt@
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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.
..............
........
..........
................
........ ..
.... .......
........
...... .. ...........
...........
.. .... .... ....
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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
........ .. .
........... ....
.............
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............
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OPE".OF W@ORK-'..-"""' UA..nTY
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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
...... .. ..
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....... F., OR
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LO.C TION ii@@@SCOPE@@@O i@W
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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
.................... .
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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
. ...............
...
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.....
.......... ...
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
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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
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APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
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EXHIBIT "A"
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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
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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
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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
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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.
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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).
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(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,
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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.
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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
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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.
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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
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EXHIBIT A
TASKS TO BE PERFO MED
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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;
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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;
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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.
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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
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ATTACHMENT NO. 1
ORDINANCE NO. 96-
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ATTACHMENT NO. 2
CONDITIONS OF APPROVAL
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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.
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ATTACHMENT NO. 3
PROPOSED AMENDMENT AND RESTATEMENT
DEVELOPMENT AGREEMENT NO. 5
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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
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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
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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
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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.
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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.
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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.
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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
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ATTACHMENT NO. 1
PC RESOLUTION NO. 96-
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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,
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(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;
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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
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EXHIBIT A
CONDITIONS OF APPROVAL
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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.
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ATTACHMENT NO. 2
ORDINANCE NO. 96-
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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;
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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;
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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.
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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
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ATTACHMENT NO. 3
INITIAL ENVIRONMENTAL STUDY
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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
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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
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27
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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