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070897 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 8, 1997- 7:00 PM At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 97-12 Resolution: No. 97-75 Mayor Patricia H. Birdsall presiding Matthew Fagan Pastor Sofia Sadler, Harvester Church of Temecula Councilmember Stone Ford, Linderoans, Roberts, Stone, Birdsall PRESENTATIONS/ PROCLAMATIONS: Certificate of Appreciation - Elmer Dills Proclamation - Jim Wright PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. R:\Agenda\070897 I When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR 2 NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of June 3, 1997. 2.2 Approve the minutes of June 10, 1997. 2.3 Approve the minutes of June 24, 1997. Resolution Approving List of Demands RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3.1 3 R:\Agenda~070897 2 City Treasurer's Report as of May 31, 1997 5 6 7 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 31, 1997. Contract Inspection Services for Building and Safety RECOMMENDATION: 5.1 Approve an Agreement for Consultant Services with J.A.S. Pacific Consulting Services, Inc., to provide building inspection services to the Building and Safety Department. Approve the Purchase of a Computerized Traffic Collision Database System Software RECOMMENDATION: 6.1 Approve the purchase of a computerized traffic collision database system from Crossroads Software in the amount of 919,066.36. Acceptance of Public Street into the City-Maintained Street System (Off-site to Tract No. 21030-F) (Located on the Westerly side of Winchester Road Northerly of Nicolas Road) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFER OF EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES MADE TO THE COUNTY OF RIVERSIDE, AND BY SUCCESSION TO THE CITY OF TEMECULA, AND ACCEPTING THAT PORTION OF PUBLIC ROAD INTO THE CITY- MAINTAINED STREET SYSTEM Award of Construction Contract for Traffic Signal Interconnect, Phase II, Project No. PW95-16 RECOMMENDATION: 8.1 Award a contract for Traffic Signal Interconnect, Phase II, Project No. PW95-16, to Paul Gardner Corporation in the amount of 9215,432.00 and authorize the Mayor to execute the contract. 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 921,543.20 which is equal to 10% of the contract amount. R:\Agenda\070897 3 9 10 11 12 8.3 Advance funds from DIF prior to requesting reimbursement. Solicitation of Construction Bids and Approval of Plans and Specifications for the FY97-98 A.C. Street Repairs IProject No. PW97-11) RECOMMENDATION: 9.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW97-11, FY97-98 A.C. Street Repairs. Solicitation of Construction Bids and Approval of Plans and Specifications for the FY97-98 Citywide P.C.C. Concrete Repairs (Project No. PW97-12) RECOMMENDATION: 10.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW97-12, FY97-98 P.C.C. Concrete repairs. Completion and Acceptance of the City Maintenance Facility - Project No. PW95-29 RECOMMENDATION: 11.1 Accept the Construction of the City Maintenance Facility - Project No. PW95-29, as complete; 11.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 11.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Professional Services Agreement with Daniel, Mann, Johnson and Mendenhall for the Winchester Road and Ynez Road Street Widening Project No. PW97-06 RECOMMENDATION: 12.1 Approve the Professional Services Agreement between the City of Temecula and Daniel, Mann, Johnson and Mendenhall (DMJM) for the design of Winchester Road and Ynez Road Street Widening Project PW97-06 for ~181,470.00, and authorize the Mayor to execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $18,147.00, which is equal to 10% of the contract amount. R:\Agenda\070897 4 13 14 15 16 Professional Services Agreement with Trans-Pacific Consultants for the Overland Drive Street Improvements and Margarita Road Street Widening Project No. PW97-07 RECOMMENDATION: 13.1 Approve the Professional Services Agreement between the City of Temecula and Trans-Pacific Consultants for the design of Overland Drive Street Improvements and Margarita Road Street Widening Project PW97-07 for $214,407.00 and authorize the Mayor to execute the contract; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $ 21,440.00 which is equal to 10% of the contract amount. Resolution in Opposition to the Proposed Ballot Initiative on Design and Engineering Contracts RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, OPPOSING THE PROPOSED BALLOT INITIATIVE ON DESIGN AND ENGINEERING CONTRACTS Request to Adopt PERS Payment of Member Contributions RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ELECTING TO PAY 100% OF PERS EMPLOYEES' COMPENSATION EARNABLE AS EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC) AND REPORT THE SAME PERCENT (VALUE) OF COMPENSATION EARNABLE AS ADDITIONAL COMPENSATION Citizen Survey Regarding Annexation RECOMMENDATION: 16.1 Approve the Agreement with The Resource Group for the purpose of conducting a survey of residents in the Redhawk and Vail Ranch Area to determine their support of annexation into the City of Temecula. 16.2 Transfer $15,600 from the General Fund Reserve to Account 001-161-999-5248. R:\Agenda\070897 5 17 License Agreements for Maintenance of the Freeway City Entry Monument Signs 18 19 RECOMMENDATION: 17.1 Approve the License Agreements for the repair and maintenance of the two City entry monument signs. Restriction on Mexican Trucks Entering California RECOMMENDATION: 18,1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE LOS ANGELES CITY COUNCIL'S APPEAL TO THE PRESIDENT OF THE UNITED STATES TO RESTRICT MEXICAN TRUCKS FROM ENTERING THE STATE OF CALIFORNIA Second Reading of Ordinance No. 97-11 RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO. 97-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON 1) WINCHESTER ROAD BETWEEN JEFFERSON AVENUE AND DIAZ ROAD, 2) PAUBA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY, 3) DIAZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD, 4) RANCHO VISTA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, AND THE TEMECULA REDEVELOPMENT MEETING R:\Agenda\070897 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 97-01 Resolution: No. CSD 97-06 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" before the Board of Directors gets to that item. individual speakers. form must be filed with the City Clerk There is a five (5) minute time limit for Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 10, 1997. 1.2 Approve the minutes of June 24, 1997. R:\Agenda\070897 7 Ratification of Election Results RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JULY 1, 1997 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Acceptance of Easement Document for Slope Maintenance Purposes, Rancho Highlands (West Side of Ynez and at Rancho Vista Road) RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE EASEMENT DOCUMENT FOR PURPOSES OF MAINTAINING CERTAIN LANDSCAPE/SLOPE AREAS WITHIN THE RANCHO HIGHLANDS DEVELOPMENT 4 4.1 3.2 Authorize the Secretary/City Clerk to record the easement document. 3.3 Appropriate 928,560 to the TCSD Service Level C budget for FY 1997-98, per the attached schedule. 3.4 Increase the estimated Service Level C Rate and Charge levy revenue amount by 928,560, per the attached schedule. Reduction of Landscape Bond - Tract No. 23125-3 (De Portola Road at Butterfield Stage Road) RECOMMENDATION: Authorize the reduction of the Parkland/Landscape Faithful Performance Bonds to a 10% warranty amount of 910,550 for Tract No. 23125-3 - Kaufman and Broad of San Diego, Inc. Direct the Secretary/City Clerk to notify the Developer and the Surety. 8 4.2 R:~Agenda~070897 5 Release of Warranty Bond for Slope Improvements - Tract No. 22916-3 (Located within Vintage Hills at the Northwest corner of Butterfield Stage Road and Pauba Road) RECOMMENDATION: 5.1 Authorize the release of the warranty bond amount of $15,850 for the construction of slope and landscaped areas within Tract No. 22916-3, Costain Homes, Inc. 5.2 Direct the Secretary/City Clerk to notify the Developer and the Surety. DISTRICT BUSINESS 6 Re-Naming the Old Town Temecula Senior Center RECOMMENDATION: 6.1 Approve the re-naming of the Old Town Temecula Senior Center, the Mary Phillips Senior Center. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: July 22, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\070897 9 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: Chairperson Steven J. Ford presiding Next in Order: Ordinance: No. RDA 97-01 Resolution: No. RDA 97-04 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of June 10, 1997. 1.2 Approve the minutes of June 22, 1997. 2 Winchester Road at Interstate 15 - Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21 - Reduction in Retention Withheld from Contractor RECOMMENDATION: 2.1 Approve a reduction in the retention amount withheld from Riverside Construction Company's progress payments from ten percent (10%) to five percent (5%) for the Winchester Road at Interstate 15 - Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21. R:\Agenda\070897 10 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: July 22, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda~070897 11 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. 20 Resolution No. 97-64 - Underground Utility District No. 1 RECOMMENDATION: 20.1 Continue the public hearing to establish an Underground Utility District No. 1 to July 22, 1997. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT Closed Session of =~he City.'C'ouncil pursuant to Government Code Sections: 1. §54956.9(a),=Pending Litigation, Gabriel v. City of Temecuia. 2. §54956.9{a), Pending Litigation, Outdoor Media v. City of Temecula. ADJOURNMENT Next regular meeting: July 22, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\070897 12 'PROCLAMATIONS/ PRESENTATIONS PROCLAMATION WHEREAS, James M. Wright has been a Riverside County firefighter for more than 20 years; and WHEREAS, Chief Wright served as the City's Division Chief under the terms of the City of Temecula's Fire Services Contract, Operations Chief for the Riverside County Fire Department, and Acting Riverside County Fire Chief; and WHEREAS, Chief Wright performed all of these duties with a high degree of professionalism and enthusiasm; and WHEREAS, James M. Wright has recently been promoted to the position of Chief of the Riverside County Fire Department; NOW, THEREFORE, I, Pa~cla H. Birdsall, on behalf d the City Council of the City of Temecula, extend our congratulations an~l wish continued success to Riverside County Fire Chief James M. Wright in his new position. IN VfflTNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 10th day of June, 1997. Patricia H. Birdsall, /~[ayor S. Greek, CMC City Chrk ITEM 1 ITEM 2 MINUTES OF A TEMECULA CITY COUNCIL WORKSHOP HELD JUNE 3, 1997 A workshop meeting of the Temecula City Council was called to order at 6:37 PM at the City of Temecula Main Conference Room, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley and City Clerk June S. Greek. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. PUBLIC COMMENTS None given COUNCIL BUSINESS Review of the Proposed FY !998/02 Capital Improvement Program Jim Caldwell, 30260 Cabrillo, expressed his concern over the deteriorating roads in the Los Ranchitos area and asked that the roads get repaired even though they do not have a high priority. Councilmember Stone stated a long-term plan is needed to replace the older streets and money should be aside for the Pavement Management Study to address old neighborhoods. Public Works Director Joe Kicak reported since the study was completed, a lot of damage has been done to many streets listed as low priority and they are being re-evaluated. He anticipates the revised Pavement Management Study will come to the City within a month. Councilmember Ford asked Mr. Kicak to look at removal and replacement vs slurry seal for the roads in Los Ranchitos. City Manager Ron Bradley stated tonight's discussion will not center on funding, but priority exchange of projects as long as the funding sources remain available. Jack Hill, 620 W. Country Club, Escondido, asked when the Wedding Chapel at Sam Hicks Park will be completed. Mayor Birdsall stated the Museum is having financial difficulties and although the City is providing funding, it is not a City project and there is not a definite date for the opening. 3. CTTY COUNCTL WORKSHOP MTNUT~S JUNR 3, 1997 City Manager Ron Bradley presented an overall view of the Capital Improvement Program (CIP). Director of Finance Genie Roberts reported on the financial aspects of the CIP. Mayor Pro Tern Roberts inquired about state monies received and included in the CIP. Mr. Bradley replied a $182 million additional appropriation proposed and approved by the State Senate should result in more revenue from the State. Councilmember Ford asked about the renewal date for Measure A funds. Mr. Kicak replied it is under consideration to go back to the voters in about two (2) years. Mr. Bradley mentioned the City receives very little Measure A money and the City Council representatives are working with RCTC to get our share of the money. Councilmember Ford said we only get about 40% of our contribution. Mr. Kicak reported on the completed and proposed circulation projects. Median construction on Rancho California Road at Ynez - After a brief discussion, Mayor Birdsall stated she believes the Council consensus is that this project should go to the bottom of the list. Mr. Kicak explained the left-turn in/right-turn in and out movements plus the signal at Via Las Colinas and Rancho California will provide necessary traffic safety at a cost of $69,000. Hwy 795 from I-15 to Avenida des Mission - Councilmember Stone suggested the Council send a letter to Supervisor Buster asking him to participate in funding this needed improvement. Winchester Road - Jefferson Road to Enterl;)rise Circle West - Mayor Birdsall asked if by doing only the median and signal, it would still be cost effective and address the safety factors; Mr. Kicak stated that it would. Mayor Pro Tern Roberts stated widening may not be needed once the Winchester Bridge is open, plus extending Diaz Road is being discussed. Larry Markham, chairman of the Public Safety Traffic Commission, stated there was very little opposition when this project was heard and everyone agreed the median and signal were needed as soon as possible. Mayor Pro Tern Roberts stated since the road is deteriorating, it may be necessary to start actively enforcing truck weight limits. Mayor Birdsall reiterated the Council is talking only about the median and signal at this time. Mr. Bradley stated this project is principally unfunded and staff will let it lag. Mayor Birdsall called a recess at 7:40 PM and the meeting was reconvened at 7:52 PM. Councilmember Stone asked how to get a signal at the Yukon and Margarita intersection in the CIP. Mr. Kicak replied there is a priority list of over 20 signals which is evaluated each year. He will review the data for that intersection and return with information for the Council. Mayor Pro Tern Roberts stated his concerns about that intersection are due to traffic volumes and a signal will make turning left onto 2 CITY COUNCIL WORKSHOP JUNE 3, 1997 Yukon safe for gasoline fueling trucks going to the proposed Shell station. He asked for funding source identification and cost by the time of the hearing. The Council agreed to add the signal to the priority list for additional review. Community Services Director Shawn Nelson reported on infrastructure projects. Mayor Birdsall stated there is a need to look at permanent rest rooms instead of portable restrooms in some parks, especially Nicholas Park. Mr. Nelson reported most of the portable restrooms have been removed from the neighborhood parks, and staff will address the problems at Nicholas Park. Councilmember Lindemans questioned the amount received by parks from the DIF residential home amount of $2,934 and why it does not go to roads. Mr. Nelson replied $1,609 goes to parks; parks get very little from Quimby fees as developers are constructing parks rather than paying the fee. Mr. Bradley mentioned this money cannot go to roads as it has to support the designated component. Mr. Nelson mentioned the $1,609 is only for park capital improvements; with Measure C, property is a revenue generator as it goes from a unimproved to improved status. Since Prop. 218 passed, the City's ability to raise fees thru the Community Services District is restricted, and the General Fund is going to have to make more of an investment in the parks in the future. Mr. Nelson stated the City is getting out of the park development business. Councilmember Lindemans asked if the money could be used for a library project. Mr. Bradley stated no; there is a library component in that $2,934 fee - $208. Councilmember Stone asked if the Community Services District could utilize its capital funds to build a library. Mr. Nelson replied the park's component of DIF cannot be used to build a library. Mayor Pro Tern Roberts inquired how long before the $495,000 in Library Mitigation Fees is lost. Mr. Bradley stated the Council needs to commit to a project, and that is being done tonight. Mr. Nelson stated staff is waiting for the results of the RFP from the County. Mayor Birdsall remarked the City needs to go forward with plans for a library as she believes the Riverside library structure is going to collapse and our library will be a casualty. Mr. Bradley stated there is enough money today to start the planning and design process and the City has several potential locations. Mayor Birdsall suggested Santiago and Ynez Roads. Councilmember Stone suggested Margarita Park where it can be designed in such a way that Community Services can help augment the building and it will be centralized in the city. Mr. Bradley recommended staff bring an analysis of prospective sites to the Council. Councilmember Ford asked staff to look at the entire city -- not just parcels the City currently owns; and to consider the possibility of having three to four satellites -- one in each area of town. CITY COUNCIL WORKSHOP JUNE 3. 1997 Mayor Birdsall stated staff should bring a plan and design to the Council as soon as possible. Mr. Nelson mentioned current cost for design and construction is $5 million; $800,000 specified funding is in the CIP, with $4.2 million unspecified. Councilmember Stone suggested staff contact Microsoft who is looking for municipal partners to share in their research to provide library accessibility from homes. Mayor Birdsall mentioned Friends of the Library are willing to help and they have raised over $80,000 in the last four years for the library. Councilmember Ford stated in the 1997/98 budget, Margarita Park has $2 million of Public Facilities Fee funds which are discretionary. He asked the Council to consider downgrading the project -- grass and more usable area rather than structures -- and utilize some of the funds for road construction. Mr. Nelson clarified Phase 1 is for lighting of two fields at Temecula Elementary School, tennis courts and a roller hockey rink; Phase 2, to renovate the swimming pool at Temecula Elementary School; Phase 3, improvement on the South side of the creek that runs through the park. Mayor Birdsall asked if any of the money is tied into the drainage problem that went to Moraga Road. Mr. Nelson replied there is some drainage that will be underground and fully improved from Moraga Road to Pechanga Creek. Assistant City Manager Mary Jane McLarney reported on RDA projects. Councilmember Stone stated regarding unfunded projects, more north/south arterials are needed, and cooperation is needed from the City of Murrieta regarding Diaz Road, but Temecula also needs to find the funds and get Diaz Road in the CIP. Mr. Kicak reported at the last Joint Murrieta/Temecula Traffic Committee meeting, Councilmember Walsh asked the two cities to adopt a resolution to fund the Diaz Road and the Ynez Road/Jackson Road extensions and the committee requested the consultant doing the I-15/I-215 corridor study to develop a concept of how to fund the project and possible proportional shares. Councilmember Lindemans suggested Measure A money may be a possible source under an emergency ruling. The Council agreed Diaz Road extension is one of the City's highest priorities. Mayor Birdsall asked staff to come back to the Council on the Diaz Road extension project. Regarding the Jefferson Street lighting project from Rancho California Road to Winchester Road, Mayor Birdsall asked what type of lights are being considered. Mr. Kicak answered the lights will be standard ones located on both sides of Jefferson from Rancho California Road to Winchester Road, and conduits installed in the pavement prior to repaving. Councilmember Lindemans reiterated his list of necessary projects over the next two (2) years are: A library, Diaz Road extension, widening of Rancho California and Pala Roads, Overland Bridge, all necessary traffic signals wherever needed; fix roads in Los Ranchitos and wherever else necessary; and 4 CITY COUNCIL WORKSHOP JUNE 3. 1997 no new parks except for those being worked on; police station and land banking considered after two years. Councilmember Stone suggested increasing the allocation for the Pavement Management System restoration in the CIP. Councilmember Stone asked if the Council can mandate that, in lieu of building parks the City gets money from new development which can be utilized in any part of the city to upgrade park facilities. Mr. Bradley replied the Council can do so. Councilmember Stone stated he has asked Ms. Roberts to research Police Department transportation expenses as it is possible a facility can be leased in the City for less cost. Councilmember Ford stated maintenance operations, storage, and housing expenses also need to be considered. Captain LeBahn stated a 35 to 50,000 sq. ft. building is needed with 20 to 25 secured impound parking spaces, 20 to 25 secured employee parking spaces and public parking. Mr. Nelson reported there is a component in DIF specifically for facilities and staff is looking at using a portion of those funds to acquire a five to ten acre parcel. Mayor Birdsall asked if it is economically feasible to bring the police department into the city within the next five (5) years. Mr. Bradley replied it becomes feasible because as the City grows and the County continues to expand, the City will spend less money and have more control of the Police Department. Mayor Birdsall asked staff to contact INS about an old proposal to have a joint facility with impound yards, gas pumps, and maintenance facilities for use by the City, INS, CHP, and the School District as there are ways to share such a facility that would be equitable and cost effective. Councilmember Ford requested information regarding Margarita Park and that the allocation be brought to the Council for review of options. Mr. Bradley stated at the June 24, 1997 meeting, Council will make a decision to approve the CIP and direct staff to come back on August I or September 1 with re-allocations. ADJOURNMENT It was moved by Mayor Pro Tern Roberts, seconded by Councilmember Lindemarts, to adjourn at 9:07 PM to a meeting on June 10, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 5 CITY COUNCIL WORKSHOP JUNE 3. 1997 ATTEST: Patricia A. Birdsall, Mayor June S. Greek, CMC, City Clerk MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 10, 1997 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly moved and seconded to adjourn to Executive Session at 5:32 PM, pursuant to Government Code Sections: 1. §54957.6, Conference with City's Labor Negotiator, Grant Yates. 2. §54956.8, Conference with real property negotiator; Property: 3.09 acres located at the Northwesterly corner of La Paz Road and State Route 79, APN 922-190-25; Negotiating Parties: Mike Moramarco, County of Riverside and the City of Temecula; Under negotiation: Price and terms of payment. The motion was unanimously carried. The Executive Session was adjourned at 5:50 PM. A regular meeting of the Temecula City Council was called to order at 7:02 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude music was provided by Jared Reed. INVOCATION The invocation was given by Reverend Lyle Peterson, Hope Lutheran Church PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Lindemans. PROCLAMATIONS/PRESENTATIONS Mayor Birdsall announced the Council had a proclamation for Chief James Wright, recently promoted to Chief of the Riverside County Fire Department, but he was not present due to a serious fire in Calimesa. R:~minutes~061097 1 A Certificate of Appreciation was given to Jan Weilert for his contribution towards the purchase of a Cairns Iris Helmet mounted thermal imaging system. A Certificate of Appreciation was presented to the Noon Rotary, for providing funding for a second Cairns Iris Helmet. Mr. Weilert thanked the City Council for the certificate and stated he hoped the helmet would save lives. Mr. Dennis Frank, representing the Noon Rotary, stated they were honored to aid in the funding and thanked the business community for their support. He presented a city map used to raise funds to the City Council. John Winder, on behalf of the Fire Department, thanked everyone who was involved in efforts to acquire the helmets and stated Temecula's fire department was the first one on the West Coast to have them. City Manager Ronald Bradley announced Albert K. Crisp was awarded the Governor's Award for Older Workers and presented him with an award from the City of Temecula recognizing his contributions to the City. Mr. Crisp thanked the people on the staff, the City Council, and his wife for their support. Councilmember Ford presented a Certificate of Commendation to Kyle Kane for his outstanding baseball career with Temecula teams and for becoming a member of the Chicago White Sox. CITY ATTORNEY REPORT City Attorney Thorson stated in accordance with the provisions of the Brown Act, he had nothing to report from Closed Session. PUBLIC COMMENTS Grace Mellman, 36500 DePortola, representing the Friends of the Library, invited the public to a Board meeting on Wednesday, June 18, 1997, 4:00 PM, at the Temecula Library, for a presentation on library service effective July 1, 1997. CITY COUNCIL REPORTS Councilmember Ford announced a special meeting of the Murrieta Creek Advisory Committee will be held on June 16, 1997. He reminded everyone about the July 4th parade, and encouraged people to attend Summer Nights in Old Town on Friday evenings. Mayor Pro Tern Roberts stated he attended the loth Annual Temecula Valley Scholarships Program and awarded nine (9) City of Temecula scholarships. Mayor Pro Tern Roberts reported the Riverside County Transportation Committee voted to be the lead agency regarding RCTC expansion, and a meeting is scheduled for June 23, 1997 R:~minutes\061097 2 for further review by all committees. He requested attendance by the Councilmembers to lend support for increased city representation. He also thanked Mr. Paul Jacobs for his positive comments regarding the City Council in the "Californian". Councilmember Linderoans stated he had made a suggestion to make retiring Recreation Co- ordinator Ruth Chesher the first Honorary Mayor of Temecula for her efforts and requested the matter be placed on the first available agenda. Mayor Birdsall complimented the Community Services Department for the 1997 Summer Activities Program brochure. CONSENT CALENDAR Mayor Pro Tern Roberts asked to pull item No. 13 and stated he would abstain on No. 17 due to a conflict of interest. Councilmember Stone amended the minutes of May 13, 1997 to indicate he voted yes on property in the sphere of influence area being charged 100% of the maximum fee and stated he would abstain on No. 16, due to a conflict of interest. It was moved by Councilmember Lindemans, seconded by Councilmember Stone, to approve Consent Calendar Items No. 1-12 and 14-18, with Mayor Pro Tern Roberts abstaining on Item No. 17 and Councilmember Stone abstaining on Item No. 16. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Stone, Roberts, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes 2.1 Approve the minutes of May 13, 1997, as amended. 2.2 Approve the minutes of May 27, 1997 R:~minutes\061097 3 Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Statement of Investment Policy 4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. Accept Offers of Dedication for Street, Utility and Services Purposes Within Parcel Maps No. 4646 and 28084 for Portions of Zero Drive, Winchester Road and Remington Avenue 5.1 Adopt a resolution entitled: RESOLUTION NO. 97-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC STREET, UTILITY AND SERVICES PURPOSES WITHIN PARCEL MAPS NO. 4646 AND 28084 BUT NOT ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM Accept Public Improvements in Tract No. 22915-2 (Located at the Northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) 6.1 Accept the Public Improvements in Tract No. 22915-2; 6.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street, and Water and Sewer security amounts, and release of the Subdivision Monument security; 6.3 Direct the City Clerk to so advise the Developer and Surety. R:\minutes\061097 4 10. Acceptance of Public Streets into the City-Maintained Street System (Within Tracts No. 2291 5-2 and 22915-3) (Located Southwesterly of the intersection of Rancho Vista Road at Butterfield Stage Road) 7.1 Adopt a resolution entitled: RESOLUTION NO. 97-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. ;22915-2 AND 2_2915-3 Accept Public Improvements in Tract No. 2291 5-3 (Located at the Southwesterly corner of the intersection of Rancho Vista Road at Butterfield Stage Road) 8.1 Accept the Public Improvements in Tract No. 22915-3; 8.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street, and Water and Sewer security amounts, and release of the Subdivision Monument security; 8.3 Direct the City Clerk to so advise the Developer and Surety. Release Warranty and Labor and Materials Bonds in Tract No. 23126 (Located Southerly of the intersection of Nicholas Road at Roripaugh Road) 9.1 Authorize the release of the Faithful Performance Warranty Bond Riders for Street, Drainage, and Water and Sewer Improvements and the Labor and Material Bonds in Tract No. 23126; 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and Surety. Accept Public Improvements in Tract No. 27827-3 (Located Northwesterly of the intersection of North General Kearny Road at Nicholas Road) 10.1 Accept the Public Improvements in Tract No. 27827-3; 10.2 Authorize release of Faithful Performance Street and Water and Sewer System Bond amounts, release of the Subdivision Monumentation Bond, and initiation of the warranty period; 10.3 Direct the City Clerk to so advise the Developer and Surety. R:~minutes~061097 5 11. 12. 14. 15. Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 27827-3 (Located Northwesterly of the intersection of Nicholas Road at North General Kearny Road) 11.1 Adopt a resolution entitled: RESOLUTION NO. 97-56 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. 27827-3) "All-Way Stop" - Calle Halcon at Elinda Road 12.1 Adopt a resolution entitled: RESOLUTION NO. 97-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN "ALL-WAY STOP" LOCATION ON CALLE HALCON AND ELINDA ROAD Award of Construction Contract for Installation of an Interim Traffic Signal at State Route 79 South and Bedford Court 14.1 Award a contract for installation of an interim traffic signal at State Route 79 South and Bedford Court, Project No. PW96-17 to DBX, Inc. in the amount of $89,121.00 and authorize the Mayor to execute the contract. 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,912.10, which is equal to 10% of the contract amount. SB 312 - Adding Division 26 to the Water Code Relating to Financing a Flood Control and Prevention Program - Flood Prevention Bond Act of 1998 15.1 Adopt a resolution entitled: RESOLUTION NO. 97-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING SB 312 ADDING DIVISION 26 TO THE WATER CODE (COMMENCING WITH SECTION 79000) FLOOD PREVENTION BOND ACT OF 1998 R:~minutes~061097 6 16. 17. Award a Professional Services Agreement to Urban Design Studio to Prepare the Southside Specific Plan Councilmember Stone stepped down due to a possible conflict of interest. 16.1 Award a Professional Services Agreement in the amount of $61,700.00 to Urban Design Studio to prepare the Southside Specific Plan and authorize the City Manager to execute the agreement. The motion carried as follows: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 NOES: 0 ABSTAIN: 1 Ford, Lindemans, Roberts, Birdsall None Stone Authorization to Execute Agreements for the Use of 1997-98 Fiscal Year Community Development Block Grant Funds Mayor Pro Tem Roberts abstained. 17.1 Authorize the Mayor to execute the Supplemental Agreements for the 1997-98 Fiscal Year Community Development Block Grant Funds. 17.2 Authorize the City Manager to execute Sub-Recipient Agreements with the Emergency Food and Aid Program (Senior Center), the Parent Center, and Valley Intervention Program for Tots (VIP Tots) for administration of the 1997-98 Fiscal Year Community Development Block Grant Funds. The motion carried as follows: AYES: COUNCILMEMBERS: Ford, Lindemans, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Roberts R:~minutes~061097 7 18. Second Reading of Ordinance No. 97-10 13. 18.1 Adopt an ordinance entitled: ORDINANCE NO. 97-10 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 BRAMALEA, CALIFORNIA, LLC FOR TM 23100, 23101, 23103, AND TPM 28503, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97- 0030) "No Parking" Zones on Rancho California Road, Winchester Road, Pala Road, Santiago Road, Pauba Road, and Rancho Vista Road Mayor Pro Tem Roberts questioned whether there would be red curbing or posting of signs on Rancho California Road from Margarita Road to the East City Limits. He recommended waiting until the bike lane is put in, since two miles of red curbing does not look good. Mayor Pro Tern Roberts said making "no parking" on Santiago Road would eliminate Rod Run parking. He also stated that slope maintenance on Rancho California Road would be difficult if this is a "no parking" zone. Police Chief Pete Labahn stated that "no parking zones" are enforced by City ordinance; the Vehicle Code's no parking section does not address maintenance vehicles, however, when there is a red curb, maintenance vehicles are not ticketed as the intent is to enforce the spirit rather than the letter of the law. Mayor Birdsall agreed with Mayor Pro Tem Roberts regarding red curbing to the East City Limits, but emphasized the immediate need for red curbing on Rancho California Road between Oscar's and the church. She stated she does not see any reason to restrict parking on Santiago Road except for the bridge. It was moved by Councilmember Lindemans, seconded by Councilmember Ford, to approve staff recommendation with the exception of the portion of Santiago Road between Front Street and Ynez Road occupied by the overcrossing. 13.1 Adopt a resolution entitled: RESOLUTION NO. 97-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES ON RANCHO CALIFORNIA ROAD, WINCHESTER ROAD, PALA ROAD, PAUBA ROAD AND RANCHO VISTA ROAD AS SHOWN ON EXHIBIT "A" R:~minutes~061097 8 COUNCIL BUSINESS 22. Request for Annexation of Redhawk by the Redhawk Residents to the City of Temecula and the Temecula Community Services District (TCSD) Councilmember Ford stepped down due to a potential conflict of interest. Community Development Director Gary Thornhill presented the staff report. Councilmember Stone discussed the matrix developed at annexation workshops and asked staff to apply that matrix to Redhawk. He stated he was in favor of outreach with Vail Ranch; and his feeling would be to waive the fees as Redhawk residents have made significant expenditures in the City. R. F. Turco, 45436 Via Jaca, recommended annexation of Redhawk and requested Council's vote and support to begin annexation proceedings. He provided a briefing package to the Council. Mayor Birdsall voiced her concerns regarding maintenance of slope, common, and gated areas, and wants to be certain homeowners rather than developers choose to become part of the City. Mr. Bradley stated voting for annexation is by registered voters in the specific area, so residents are in control of the decision. Director of Community Services Shawn Nelson stated slope maintenance, street lighting, and refuse collection are services that have to be analyzed and compared to their CSA 143 fees. The fiscal analysis will be brought back to Council. Mayor Pro Tem Roberts stated the annexation would be cost effective, but there is a need to do a cost analysis and to contact Vail Ranch to see if they are also interested in annexation. His concerns are the commercial area obtaining permits that are not compatible with Temecula's design, and preserving some of the old Vail Ranch buildings. It was moved by Councilmember Stone, seconded by Mayor Pro Tern Roberts, to direct staff to conduct a cost impact analysis and to contact the Vail Ranch community to determine their interest in annexation. The motion was passed unanimously with Councilmember Ford abstaining. Mayor Birdsall asked Redhawk residents to voice their opinions for commercial projects coming before the County regarding landscaping, signage and no retail establishment design. Mr. Bradley mentioned there is a process wherein the City can become part of the County planning process while moving forward with the annexation study. R:~minutes~061097 9 RECESS Mayor Birdsall recessed the City Council meeting at 8:30 PM to accommodate the scheduled Community Services District and Temecula Redevelopment Agency meetings. The meeting was reconvened at 9:54 PM. It was moved by Councilmember Ford, seconded by Councilmember Linderoans, to extend the meeting to 11:30 PM. The motion was passed unanimously. Mayor Birdsall recessed the City Council meeting at 9:54 PM and it was reconvened at 10:10 PM. PUBLIC HEARINGS 19. Appeal of the Planning Commission's Approval of Planning Application No. PA96-0345 (Development Plan) - Shell Automobile Service Station, Car Wash, Convenience Mart, and a Kentucky Fried Chicken Fast Food Restaurant. at the Southwest Corner of Margarita Road and Yukon, within the Palomar Village Shopping Center Community Development Director Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 10:31 PM. Larry Markham, 41750 Winchester Road, Suite L, representing the applicant, presented a petition with 1,063 signatures in favor of the project; discussed how the applicant has addressed the various concerns raised by the homeowners and the studies which have been done. Mayor Birdsall asked if he had any opposition to Condition 6 regarding loud speakers. Mr. Markham replied the applicant had no opposition. Councilmember Stone suggested a fenced area around the drive-thru to prevent walking across the driveway. Mr. Markham agreed with the suggestion. Lecius Richardson, 30044 La Prima Vera, spoke in favor of the project. City Clerk June Greek read a letter from Steve Rapaport, Activities Director of Temecula Valley High School, expressing his support of the project. Marilyn Sawyer, 30443 Danube Court, spoke in opposition to the project due to inadequate space. Robert Van Kirk, 41756 Humber Drive, addressed vehicle emissions, potential accidents and the hazardous nature of petroleum-based products as reasons for his opposition. R: ~minutes\061097 10 Donna Villirilli, 30371 Red River Circle, spoke in opposition due to increased noise impacts. Steve Art, 42109 Roanoake Street, spoke in favor because of convenience and stated he had not received a ballot from the Homeowners Association regarding this project. Jim Contopolos, 42075 Humber, expressed concern because the project does not address community needs. Frank Villirilli, 30371 Red River Circle. stated he was opposed due to traffic safety impacts. He felt there was not a need for another gas station. It was moved by Councilmember Stone, seconded by Councilmember Ford, to extend the meeting to 12:00 AM. The motion was passed with Mayor Pro Tem Roberts voting no. Helen Szymanski, 30468 Red River Circle, presented a petition with 459 signatures of Village residents opposing the project due to noise pollution and garbage concerns. David Micheal, 30300 Churchill Court, spoke in opposition to the project due to noise, lights and accidents with hazardous materials. Attorney Geoff Willis, 3403 Tenth Street, Suite 300, Riverside, stated an EIR must be prepared if there is substantial evidence in the record that the project may have a significant impact on the environment plus public controversy; and a certified engineer has stated the site is unsafe. It was moved by Councilmember Stone, seconded by Councilmember Linderoans, to extend the meeting to 12:30 AM. The motion was passed with Mayor Pro Tem Roberts and Mayor Birdsall voting no. Bob Nanigian, 41840 Humber Drive, spoke in opposition to the project. Mr. Markham reiterated he would provide staff with any information from the studies completed by the applicant; delivery of gas at night is agreeable; and suggested the delivery truck come in at the Rancho California Road and Yukon entrance, and proceed through the shopping center. Councilmember Lindemans noted the petition presented by Mr. Markham contained signatures from people outside of Temecula, and the 459 signatures opposing the project were from people in Temecula. Curtis Scheu, 30140 La Primavera, representing Kentucky Fried Chicken, stated he collected 400 of the 1,063 signatures supporting the gas station at KFC and at the Lucky Shopping Center. Mayor Birdsall closed the public hearing at 12:13 PM. R:~minutes~061097 11 City Attorney Thorson noted the issues raised by Mr. Willis are issues that have been specifically studied or addressed and there is a great deal of information in the record that deal with all these issues. Mayor Pro Tern Roberts noted Yukon is utilized by a lot of trucks coming into the shopping center to get to the loading ramps. He suggested a signal at Yukon and Margarita Road, and fuel delivery should be after business hours. Councilmember Stone agreed with the signaling of Yukon and Margarita Road. He stated he favors delivery in the middle of the night by coming down Rancho California and going through the shopping center. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone, to extend the meeting until 1:00 AM. The motion passed unanimously. It was moved by Mayor Birdsall, seconded by Councilmember Stone, to approve staff recommendation with the following added conditions: 1) Fuel delivery will take place in late night or early morning hours; 2) A traffic signal will be installed at Yukon and Margarita Road per the adopted 1997-98 CIP priority schedule and 3) A revised routing plan for the delivery tankers will be submitted for approval. 19.1 Adopt the Negative Declaration for Planning Application No. PA96-0345; 19.2 Adopt the Mitigation Monitoring Program for Planning Application No. PA96- 0345; 19.3 Adopt a resolution entitled: RESOLUTION NO. 97-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 96-0345 (DEVELOPMENT PLAN - APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA96-0345 (DEVELOPMENT PLAN) TO DESIGN AND CONSTRUCT A 648 SQUARE FOOT AUTOMATED CAR WASH, A 875 SQUARE FOOT CONVENIENCE MART (WITHOUT ALCOHOLIC BEVERAGE SALES), AND A 1,645 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE-THROUGH SERVICE ON 0.794 ACRES LOCATED AT THE SOUTHWEST CORNER OF MARGARITA ROAD AND YUKON, WITHIN THE PALOMAR VILLAGE SHOPPING CENTER, AND KNOWN AS ASSESSOR'S PARCEL NO. 921-700-017. The motion was passed unanimously. R:~minutes\061097 12 COUNCIL BUSINESS 20. Planning Commission Appointments Mayor Birdsall announced the appointments made tonight would become effective July 1, 1997, and requested staff to ask Andrew Webster to attend the June 24, 1997 meeting. It was moved by Councilmember Stone, seconded by Councilmember Lindemarts, to reappoint Marcia Slaven. The motion was unanimously carried. It was moved by Councilmember Lindemans, seconded by Councilmember Stone, to appoint Ron Guerriero. The motion was unanimously carried. On behalf of the Council, Mayor Birdsall thanked all who applied and requested letters of appreciation be sent to all applicants. 21. Prima Facie Speed Limit on Certain Streets It was moved by Councilmember Stone, seconded by Councilmember Linderoans, to approve staff recommendation. 21.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 97-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON 1) WINCHESTER ROAD BETWEEN JEFFERSON AVENUE AND DIAZ ROAD, 2) PAUBA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY, 3) DIAZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD, 4) RANCHO VISTA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY CITY MANAGER'S REPORT Mr. Bradley asked for two Councilmembers to work with the Subcommittee to look at the CIP project regarding fencing. Councilmembers Roberts and Stone volunteered. Mr. Bradley announced the Commissioners' Appreciation dinner will be held Friday, June 27, 1997, and asked the Councilmembers to confirm by June 11. Mr. Bradley reported the new Parkview Fire Station will open on July 1, 1997. R:~minutes\061097 13 CITY ATTORNEY'S REPORT No report was given. ADJOURNMENT It was moved by Mayor Pro Tem Roberts, seconded by Mayor Birdsall, to adjourn at 12:43 AM to a meeting on June 24, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk R:~minutes~061097 14 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 24, 1997 EXECUTIV!= SFSSION A meeting of the City of Temecula City Council was called to order at 6:30 PM. It was duly moved and seconded to adjourn to Executive Session at 6:30 PM, pursuant to Government Code Sections: 1. §54956.9(a), Pending Litigation, Rider v. City of San Diego, et al. 2. §54956.9(a), Pending Litigation, Zonos v. City of Temecula. The motion was unanimously carried. The Executive Session was adjourned at 7:05 PM. A regular meeting of the Temecula City Council was called to order at 7:10 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRE! UDE MUSIC The prelude and intermission music was provided by Melanie Hope. INVOCATION The invocation was given by Reverend George Simmons, House of Praise. PLEDGE OF ALl EGIANCE The audience was led in the flag salute by Mayor Pro Tern Roberts. PROCLAMATION/PRESENTATIONS Mayor Birdsall proclaimed the week of June 23-29, 1997 to be "Amateur Radio Week." Mr. Harm Wyma, Vice President of the Temecula Valley Radio Club, thanked the City Council for the proclamation. Mayor Birdsall proclaimed the month of June, 1997 to be "Resources for Youth Month." Minutes\06\24\97 -1 - 06/27/97 CiW Council Minutes June 24. 1997 City Manager Ron Bradley recognized the educational achievements of Director of Support Services/City Clerk June S. Greek and Deputy Director of Support Services Susan W. Jones. He announced that June Greek received her AAE, Advanced Academy Education Award and Susan Jones received her CMC, Certified Municipal Clerk designation. CITY COUNCIL REPORTS Councilmember Ford reported on the presentation made to the Riverside County Board of Supervisors regarding Murrieta Creek. Mayor Pro Tem Roberts requested that staff assign Max Gilliss, Traffic Consultant, the task of working with CalTrans to get a center divider barrier on 1-15 installed. Councilmember Lindemans requested that his appeal of the Temecula Community Services District Board of Director's decision, regarding the rates and charges for golf courses, be placed on an upcoming agenda. Councilmember Stone requested staff look into providing safe pedestrian and bicycle east to west access under the Pala Road bridge. Mayor Birdsall stated she accepted on behalf of the City a Special Friend Award from the Friends of the Library, and asked it be hung in the Council Conference Room. CITY ATTORNEY REPORT City Attorney Thorson reported on Executive Session actions that he was directed to file an Amicus Curiae Brief in the matter of Rider vs. The City of San Diego. He also reported he received direction on the Zonos v. City of Temecula pending litigation. PUB! IC COMMFNTS None given. CONSFNT CALENDAR Mayor Birdsall removed Item No. 13 from the agenda at staff's request. She also registered a "no" vote on Items 7 and 10. Mayor Birdsall removed Item 22 from the Consent Calendar so that a letter could be read into the record. Minutes\06\24\97 -2- 06/27/97 City Council Minutes June 24. 1997 It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve Consent Calendar Items 1-12, 14-21 and 23, with Mayor Birdsall voting Uno" on Items 7 and 10. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution Approving List of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO. 97-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of April 30. 1997 3.1 Receive and file the City Treasurer's Report as of April 30, 1997. Temecula Creek Channel - Alcoba Drive Storm Drain Project No. 7-0-0046 Tracts No. 7418? and 74185 Cooperative Agreement 4.1 Approve Temecula Creek Channel - Alcoba Drive Storm Drain Project No. 7-0- 0046 Tracts No. 24182 and 24185 Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the Newland Associates, Inc.; 4.2 Authorize the execution and attestation of such agreement in its final form by the City Manager and City Clerk. Minutes\06\24\97 -3- 06/27/97 City Council Minutes June 24. 1997 o Tract Map No. ?8309 (Located on the Southerly Side of Nicolas Road between Villa Venecia and Via Lobo) 5.1 Approve Final Tract Map No. 28309, subject to the Conditions of Approval. Accept Public Improvements and Acknowledge Completion of Private Improvements in Parcel Map 77714 (Located East of Ynez Road, between Solana Way and Rancho California Road) 6.1 Accept public improvements and acknowledge completion of private improvements in Parcel Map No. 27714; 6.2 Authorize reduction in Faithful Performance Bond amounts to the warranty level, initiation of the warranty period, and release of the Subdivision Monument Bond; 6.3 Direct the City Clerk to so notify the Developer and Surety. Completion and Acceptance of the Walcott Corridor. Project PW94-10 7.1 Accept the Walcott Corridor, Project PW94-10, as complete; 7.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 7.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. The motion carried as follows: COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone COUNCILMEMBERS: None COUNCILMEMBERS: None AYES: 4 NOES: 1 ABSENT: 0 Accept Public Improvements in Tract No. 73125-2 (Located Northeasterly of the intersection of Butterfield Stage Road at De Portola Road) 8.1 Accept the public improvements in Tract No. 23125-:2; 8.2 Authorize reduction in the Faithful Performance Bond amounts for street, and water and sewer system improvements to the ten-percent warranty level, initiation of the one-year warranty period, and release of the Subdivision Monument Bond; Minutes\06\24\97 -4- 06/27/97 CiW Council Minutes June 24. 1997 10. 8.3 Direct the City Clerk to so advise the Developer and Surety. Accel;)tance of Public Streets into the City-Maintained Street System {Within Tract No. 73175-?) (Located Northeasterly of the intersection of De Portola Road at Butterfield Stage Road) 9.1 Adopt a resolution entitled: RESOLUTION NO. 97-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM {WITHIN TRACT NO. 23125-2) AcceDtance of Public Street into the City-Maintained Street System along the Walcott Corridor. Project PW94-10 10.1 Adopt a resolution entitled: RESOLUTION NO. 97-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED STREET SYSTEM ALONG THE WALCOTT CORRIDOR, PROJECT PW94-10 The motion carried as follows: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone COUNCILMEMBERS: Birdsall COUNCILMEMBERS: None 11. Del~artment of the Army Permit ¢! os Angeles District. U.S. Army CorDs of Engineers - Permit No. 94-01047-ES) for the Construction of the Pala Road Bridge across Temecula 11.1 Accept the conditions, approve the permit, authorize the Mayor to sign the Department of the Army Permit (Los Angeles District, U.S. Army Corps of Engineers - Permit No. 94-01047 - ES) for the construction of the Pala Road Bridge across Temecula Creek. 11.2 Direct the City Clerk to mail both signed copies of the Permit to the U.S. Army, Los Angeles District Corps of Engineers. Minutes\O6\24\97 -5- 06/27/97 City Council Minutes June 24, 1997 12. 14. Fstablishment of Underground Utility District No. 1 {Properties within the Area Bordered by Winchester. Ynez. Margarita Road. the Extension of Overland Drive and Portions of N, General Kearney) 12.1 Adopt a resolution entitled: RESOLUTION NO. 97-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. I AND ORDER REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE INSTALLATION OF UNDERGROUND FACILITIES WITHIN SAID DISTRICT Contract for Professional Services with C.M. Gilliss. Consultant 14.1 Approve Amendment I to the Agreement for Professional Services with C.M. Gilliss, Consultant, to increase the scope of services provided to the City. 15. 16. City Attorney Services 15.1 Approve Amendment 1 to the Agreement for City Attorney Service to reflect the hourly rates for services provided beginning July 1, 1997. Acce13tance of Slope Fasements and C)uitclaim to the Temecula Community Services District - Tract No. 93125-3 (Located on De Portola Road East of Butterfield Stage Road) 16.1 Adopt a resolution entitled: RESOLUTION NO. 97-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFERS OF DEDICATION MADE TO THE CITY OF TEMECULA FOR PURPOSES OF MAINTAINING PERIMETER SLOPES/LANDSCAPING WITHIN TRACT NO. 23125-3 AND AUTHORIZING THE QUITCLAIM OF SAID MAINTENANCE AREAS TO THE TEMECULA COMMUNITY SERVICES DISTRICT 16.2 Approve the quitclaim deed to TCSD and authorize the Mayor to execute said quitclaim deed on behalf of the City. Minutes\06\24\97 -6- 06/27/97 City Council Minutes June 24. l=J=J7 17. 18. 19. Resolution Adopting FY 1997/98 Solid Waste Rates 17.1 Approve Amendment No. 2 to the Solid Waste Franchise Agreement with CR&R Incorporated to modify the Consumer Price Index data used to annually adjust the solid waste service rates. 17.2 Adopt a resolution entitled: RESOLUTION NO. 97-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 1997198 Professional Services Agreement with Engineering Ventures. Inc. for Cosmic Drive and Agena Street Sidewalk Improvement Project No. 6 18.1 Approve the Professional Services Agreement between the City of Temecula and Engineering Ventures, Inc., for the design of Cosmic Drive and Agena Street Sidewalk Improvement Project No. 6 for $12,500.00 and authorize the Mayor to execute the contract; 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,250.00, which is equal to 10% of the contract amount. Approval of Election Resolutions 19.1 Adopt a resolution entitled: RESOLUTION NO. 97-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997 19.2 Adopt a resolution entitled: RESOLUTION NO. 97-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES Minutes\06\24\97 -7- 06/27/97 City Council Minutes June 24. 1997 20. Memorandum of Understanding with the General Eml~loyees 20.1 Approve the Memorandum of Understanding (M.O.U.) between the City and General employees, represented by Teamsters Local 911. 21. Management ComDensation Plan 21.1 Adopt a resolution entitled: RESOLUTION NO. 97-69 A RESOLUTION OF THE CITY COUNCIL OF THE APPROVING SALARY AND BENEFIT CHANGES 21.2 CITY OF TEMECULA TO UNREPRESENTED CONFIDENTIAL, MANAGEMENT, AND EXECUTIVE MANAGEMENT EMPLOYEES Adopt the Management Compensation Plan. 23. Coml~uter Purchases for Redevelol;)ment. Community Development. and the City Manager Del;)artments 23.1 Approve an expenditure of $20,506.98 from the Information Systems Internal Service Fund for the purchase of eight (8) computer work stations from Valley Micro Computers. 22. Ratification of City Council Sub-Committee City Clerk June Greek read into the record a letter from Jerry Ragier, requesting that Temecula Valley High School student Tara Dobbs be included on the City Council Sub- Committee. It was moved by Councilmember Lindemans, seconded by Councilmember Stone to approve staff recommendation as follows: 22.1 Approve ratification of a City Council Sub-Committee, comprised of Councilmembers Ron Roberts and Jeff Stone, to work with the School District on various traffic improvement projects at Temecula Valley High School. The motion was unanimously carried. Minutes\06\24\97 -8- 06/27/97 Citv Council Minutes June 24. 1997 COUNCIl BUSINESS 24 Review and Adol;)tion of the FY 1997-98 Annual Operating Budget City Manager Bradley presented the staff report and thanked Finance Director Genie Roberts, Assistant Finance Director Tim McDermott and Senior Management Analyst Allie Kuhns for their efforts on preparing this document. Mayor Birdsall corrected a typographical error in the Schedule of Authorized Positions; she stated the Information Specialist position is listed as non-exempt and should be exempt. Mayor Pro Tem Roberts stated the $150,000 set aside for library funding may not be needed, and asked that any funding not expended be designated to go into a library building fund, instead of back into the general fund. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: 24.1 Adopt a resolution entitled: RESOLUTION NO. 97-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING THE FY 1997-98 OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS 24.2 Adopt a resolution entitled: RESOLUTION NO. 97-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REVISING THE SCHEDULE OF AUTHORIZED POSITIONS The motion was unanimously carried. RECESS Mayor Birdsall called a recess at 8:10 PM. The meeting was reconvened at 8:25 PM. Minutes\06\24\97 -9- 06/27/97 Citv Council Minutes June 24. 1997 25 Implementation of Special Tax - Measure C Community Services Director Shawn Nelson presented the staff report. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: 25.1 Adopt a resolution entitled: RESOLUTION NO. 97-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 1997-98 TO PROVIDE FOR RECREATION AND COMMUNITY SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 25.2 Adopt a resolution entitled: RESOLUTION NO. 97-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING PROCEDURES FOR APPEALING THE APPLICATION OR IMPLEMENTATION OF THE SPECIAL TAX TO PROVIDE FOR RECREATION AND COMMUNITY SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 25.3 Approve a Cooperative Agreement between the City of Temecula and the Temecula Community Services District to provide for and finance the continued operation, maintenance and administration of the City's parks, recreation, and street lighting programs. The motion was unanimously carried. 26 Adoption of the FY 1998-07 Capital Improvement Program City Attorney Thorson announced that the Capital Improvement Program does include improvements for Old Town Area, therefore Councilmember Stone may discuss all improvements except Old Town projects, and must abstain from overall priority voting. City Manager Bradley presented the staff report. Minutes\06\24\97 -10- 06/27/97 City Council Minutes June 24. 1997 Mayor Pro Tem Roberts stated the signal at Margarita and Yukon was added to the City- wide Signal Installation Program as a direct result of the Shell Station Appeal, in an effort to mitigate the concerns of surrounding residents. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to approve staff recommendation as follows: 26.1 Adopt a resolution entitled: RESOLUTION NO. 97-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 1998-02 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 1997-98 The motion was unanimously carried, with Councilmember Stone abstaining on all Old Town projects. 27 Massage Ordinance Community Development Director Gary Thornhill presented the staff report. Councilmember Lindemans expressed concern regarding Section (P), which prohibits massage services being rendered at a residence. Councilmember Stone also expressed concern over this provision. Mayor Pro Tem Roberts asked if all massage establishments were notified. Community Development Director Gary Thornhill stated that due to the request this be placed on the next agenda, massage establishments were not notified. He stated, however, this does not need to be acted upon at this meeting. Mayor Birdsall asked Captain Labahn if any problems have been created by massage parlors in the City of Temecula. Captain Labahn reported that in the past 12 months, three arrests have been made at massage establishments for violations of penal code, and multiple violations of the City's massage ordinance. Debra Hill, owner of Joseph Lambert Aesthetic Centre, expressed concern over requirements for private lockers and showers. She also expressed concern regarding the requirement that both the therapist and owner must pay a fee. Councilmember Stone stated in the proposed ordinance, there is no mandate for showers and if adopted, fees will be established by resolution and he will be sensitive to these concerns. Minutes\06\24\97 - 11- 06/27/97 Citv Council Minutes June 24. 1997 Leslie Gregory, 44671 Clover Lane, requested the City continue to the use the County Ordinance that is currently in place. Mary Louise Muller, 39582 Via Temprano, Murrieta, stated she feels this is an anti- prostitution ordinance, and would like to see the issue of prostitution separated from the massage ordinance. She suggested getting a team of massage therapists together to work with the City on this ordinance. Dana Osborne, 31881 Camino Marea, stated she approves of a dress code but has concerns stating the proposed ordinance would restrict massage therapists from entering into contracts with private resorts to perform massage. Sandy Stokes, 47531 Pala Road, owner of Body and Soul Massage, stated their business is based on performing massage services in homes or offices and the proposed ordinance would put them out of business. Sherry and Ed Redondo, P.O. Box 1582, stated they are patients, not practitioners. Ms. Redondo stated in-home massage therapy was very important to her when she injured her back. She also asked that names and addresses of patrons remain confidential. Bill Stokes, 47531 Pala Road, Body and Soul Massage, asked that the Council not put restrictions on legitimate businesses which will restrict their ability to do business. Community Development Director Gary Thornhill agreed several issues need to be addressed and suggested this be continued off calendar so this process can begin. Barbara Broderick, 42176 Stonewood Road, stated she is concerned that all massage therapists that work with doctors also be notified. City Manager Bradley asked if there is a listing, whereby notification is possible. It was determined that the City's Business Licenses would be utilized. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Roberts to continue this matter off calendar. The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. Minutes\06\24\97 - 12- 06/27/97 City Council Minutes June 24. 1997 ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Councilmember Ford to adjourn at 9:25 PM to a meeting on July 1, 1997, 7:00 PM, Joint City Council/Planning Commission Meeting, Temecula City Hall, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE, City Clerk Minutes\06\24\97 - 13- 06/27/97 ITEM 3 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 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 amoum of $2,271,569.39. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 8th day of July, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk [SEAL] Resos L.O.D. 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of July, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Resos L.O.D. 2 CITY OF TEMECULA LIST OF DEMANDS 06/19/97 TOTAL CHECK RUN: 06/26/97 TOTAL CHECK RUN: 07/08/97 TOTAL CHECK RUN: 06/26/97 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 07~08~97 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $ 493,146.15 165 RDA-LOW/MOD 10,470.90 190 COMMUNITY SERVICES DISTRICT 50,463.22 191 TCSD SERVICE LEVEL A 10,643.79 192 TCSD SERVICE LEVEL B 23,785.81 193 TCSD SERVICE LEVEL C 14,649.40 194 TCSD SERVICE LEVEL D 874,054.52 210 CAPITAL IMPROVEMENT PROJ (CIP) 329,818.57 280 RDA-CIP 301,674.05 300 INSURANCE 1,091.49 320 INFORMATIONS SYSTEMS 10,836.17 330 SUPPORT SERVICES 1,652.11 340 FACI LITI ES 1,032.44 $ 94,993.08 182,197.18 1,846,128.36 148,250.77 $ 2,271,569.39 2,123,318.62 PAYROLL: 001 GENERAL $ 98,993.21 165 R DA-LOW/MOD 2,008.01 190 TCSD 31,130.40 191 TCSD SERVICE LEVEL A 70.34 192 TCSD SERVICE LEVEL B 175.86 193 TCSD SERVICE LEVEL C 3,537.44 194 TCSD SERVICE LEVEL D 1,003.89 280 R DA-CI P 3,469.67 300 INSURANCE 650.81 320 INFORMATION SYSTEMS 3,003.55 330 SUPPORT SERVICES 957.50 340 FACI LITI ES 3,250.09 TOTAL BY FUND: PREPAR E,O/)~Y THERESA ALV~/ACCO,~I)ITING SPECIALIST G~NIE ROBERTS, DIRECTOR OF FINANCE RONALD E. BRADLEY, CITY MANAGER ~ 148,250.77 $ 2,271,569.39 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 PAGE 7 06/19/97 15:45 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 340 FACILITIES AMOUNT 27,640.86 1,292.38 12,451.27 10~465.56 23,720.98 2,938.61 995.00 11,519.15 752.95 3~160.40 55.92 TOTAL 94,993.08 VOUCHRE2 06/19/97 15:45 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 43922 06/16/97 002790 43923 06/18/97 002185 43926 06/19/97 001523 43927 06/19/97 001104 43928 06/19/97 002748 43928 06/19/97 002748 43928 06/19/97 002748 43929 06/19/97 43930 06/19/97 002669 43931 06/19/97 001947 43932 06/19/97 000101 43933 06/19/97 000427 43934 06/19/97 000622 43934 06/19/97 000622 43934 06/19/97 000622 43935 06/19/97 000370 43936 06/19/97 001414 43937 06/19/97 002099 43938 06/19/97 000702 43939 06/19/97 002725 43939 06/19/97 002725 43939 06/19/97 002725 43940 06/19/97 001195 43941 06/19/97 001275 43942 06/19/97 002533 43942 06/19/97 002533 43943 06/19/97 43944 06/19/97 001029 43945 06/19/97 000155 VENDOR NAME PETER-BUILT HOMES POSTMASTER - TEMECULA A M BEST COMPANY, INC. A R M A INTERNATIONAL A T ENTERPRISES A T ENTERPRISES A T ENTERPRISES ALCORN, JOE DVM/DEL RIO AMERICAN BATTERY, INC. AMERIGAS APPLE ONE, INC. ARTESIA IMPLEMENT, INC BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BIRDSALL, PATRICIA BRADLEY, RONALD E. BUTTERFIELD ENTERPRISES CADDY GRAPHICS CAPITOL ENTERPRISES CAPITOL ENTERPRISES CAPITOL ENTERPRISES CENTRAL SECURITY SERVIC COMPUSERVE, INC. COUNTRY FRAMING COUNTRY FRAMING CUB SCOUTS OF AMERICA DATAQUICK, INC. DAVLIN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SECOND DRAW:TEM STAGE STOP 6ST BULK MAIL "TEM TRAFFIC NEWS" PUB:1997 P/C KEY RATING GUIDE MB:S.FORKENBROCK:6/1/97-5/3198 (4)PLEXYGLASS ORGANIZER/CLPBRD PLEXYGLASS ORGANIZER WO/MAP PLEXYGLASS CLIPBOARD REFUND:GRADING DEPOSIT VEHICLE BATTERY PROPANE FUEL FOR CITY VEHICLES TEMP HELP W/E 5/31COMYNS/CERA TRACTOR REPAIR AND MAINTENANCE ELECT.WORK/OLD-NEW MAINT.YARD ELECTRICAL SVCS-VINEYARD TRACK TCSD ELECTRICAL SVCS-PALA PARK REIMB:FEE FOR EMPLYEE RETIREMT REIMB:FEE FOR EMPLYEE RETIREMT OLD TOWN RESTROOM LEASE-JUNE HARVEST BANNER DESIGN SINGLE DOOR STORAGE UNIT-S CTR FREIGHT TAX JUN ALARM SRVCS - SENIOR CENTR MAY COMPUSERVE INFO SERVICES FRAME/MATING CERT OF RECOGNITN TAX REFUND:SECURITY DEPOSIT ANNUAL MICROFICHE PACKAGE TAPING OF COUNCIL MEETING ACCOUNT NUMBER 280-1500 001-110-999-5230 300-199-999-5228 001-120-999-5277 001-171-999-5214 001-171-999-5214 001-171-999-5214 001-2670 001-162-999-5214 190-180-999-5263 001-161-999-5118 190-180-999-5214 001-164-601-5242 193-180-999-5212 190-180-999-5212 001-100-999-5260 001-110-999-5260 280-199-999-5212 280-199-999-5270 190-181-999-5610 190-181-999-5610 190-181-999-5610 190-181-999-5250 320-199-999-5228 190-180-999-5301 190-180-999-5301 190-183-4990 320-199-999-5211 001-100-999-5250 ITEM AMOUNT 9,999.90 2,470.82 104.95 145.00 150.00 450.00 40.00 995.00 15.41 26.05 180.60 737.83 600.00 250.00 60.00 30.00 30.00 826.00 200.00 1,175.69 150.00 102.74 45.00 9.95 176.10 13.65 100.00 533.36 810.88 PAGE 1 CHECK AMOUNT 9,999.90 2,470.82 104.95 145.00 640.00 995.00 15.41 26.05 180.60 737.83 910.00 30.00 30.00 826.00 200.00 1,428.43 45.00 9.95 189.75 100.00 533.36 810.88 VOUCHRE2 06/19/97 VOUCHER/ CHECK NUMBER 43946 43947 43947 43947 43947 43948 43949 43949 43950 43950 43951 43951 43951 43951 43951 43952 43953 43953 43953 43954 43954 43955 43955 43955 43956 43956 43957 43958 43959 43959 43960 43960 43961 43961 43962 15:45 CHECK DATE 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 06/19/97 VENDOR NUMBER 002390 000754 000754 000754 000754 002283 000164 000164 001056 001056 000165 000165 000165 000165 000165 000712 000170 000170 000184 000184 000184 001355 001355 002141 000351 000351 002528 002528 000177 000177 000192 VENDOR NAME EASTERN MUNICIPAL WATER ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GROUP, THE ELLIOTT GROUP, THE EMBASSY SUITES HOTEL ESGIL CORPORATION ESGIL CORPORATION EXCEL LANDSCAPE EXCEL LANDSCAPE FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FORD, STEVEN J. FOREST CITY FOREST CITY FOREST CITY FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA, INC. G T E CALIFORNIA, INC. GARCIA, GERARDO LOPEZ GELS, PAUL GILLISS, MAX C.M. GILL[SS, MAX C.M. GLASS BLASTERS GLASS BLASTERS GLENNIES OFFICE PRODUCT GLENN[ES OFFICE PRODUCT GLOBAL COMPUTER SUPPLIE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MAY WATER SERVICE - DIEGO DR PLAN CHECK SERVICES PLAN CHECK SERVICES MAY/JUN P/C - INSPECTION SRVCS CREDIT:ERROR IN INVOICE TOTAL DEPOSIT:HOLIDAY DINNER 12/5/97 APR PLAN CHECK SERVICES B&S APR PLAN CHECK SRVICES B&S SP-1LDSC MAINTENANCE LDSC MAINT/REPAIR-SPORTS PARK EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES REIMB:FEE FOR EMPLYEE RETIREMT REIMB:CITY'S EXP. ICSC CF 5/21 REIMB:CITY'S EXP. ICSC CF 5/21 REIMB:CITY'S EXP. ICSC CF 5/21 REFILL CALENDARS - PLANNING REFILL CALENDARS - PLANNING 909 506-1941:PTA CD TTACSD 909 699-0590:ALARM LINES PTA 909 699-8632:GENERAL USAGE JUNE ACCESS-RVSD CO.OPEN LINE JUNE ACCESS-RVSD CO.OPEN LINE REFUND:SECURITY DEPOSIT REPAIR OF POLICE MOTORCYCLES MAY CONSULTING SERVICES MAY CONSULTING SERVICES RECOGNITION PLAQUE FOR A CRISP TAX SUPPLIES FOR SENIOR CENTER OFFICE SUPPLIES - AQUATICS COMPUTER SUPPLIES ACCOUNT NUMBER 193-180-999-5240 001-161-999-5250 001-161-999-5250 193-180-999-5248 193-180-999-5248 001-150-999-5265 001-162-999-5248 001-162-999-5248 190-180-999-5415 190-180-999-5415 001-165-999-5230 001-150-999-5230 001-120-999-5230 001-161-999-5230 280-199-999-5230 001-100-999-5260 001-161-999-5258 001-110-999-5258 001-100-999-5258 001-161-999-5220 001-161-999-5220 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-2900 001-170-999-5214 001-110-999-5248 001-164-604-5248 001-100-999-5265 001-100-999-5265 190-181-999-5220 190-180-999-5220 320-199-999-5221 ITEM AMOUNT 591.17 1,449.00 3,471.00 550.00 100.00- 500.00 531.08 989.48 686.58 339.86 20.66 9.69 19.13 9.69 13.77 30.00 177.84 177.84 39.48 100.00 95.62 56.01 55.09 28.67 350.01 305.00 100.00 50.00 500.00 500.00 65.00 5.04 5.11 85.26 8.99 PAGE 2 CHECK AMOUNT 591.17 5,370.00 500.00 1,520.56 1,026.44 72.94 30.00 395.16 195.62 139.77 655.01 100.00 50.00 1,000.00 70.04 90.37 VOUCHRE2 06/19/97 15:45 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 43962 06/19/97 000192 43962 06/19/97 000192 43962 06/19/97 000192 43962 06/19/97 000192 43962 06/19/97 000192 43962 06/19/97 000192 43962 06/19/97 000192 43962 06/19/97 000192 43963 06/19/97 000178 43963 06/19/97 000178 43963 06/19/97 000178 43963 06/19/97 000178 43963 06/19/97 000178 43964 06/19/97 001697 43965 06/19/97 002715 43966 06/19/97 001517 43967 06/19/97 002746 43968 06/19/97 002098 43969 06/19/97 002207 43970 06/19/97 002835 43971 06/19/97 001420 43972 06/19/97 43972 06/19/97 43973 06/19/97 001667 43974 06/19/97 002789 43975 06/19/97 43976 06/19/97 001534 43977 06/19/97 002187 43978 06/19/97 000596 43979 06/19/97 001975 43980 06/19/97 002634 43981 06/19/97 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION GLOBAL COMPUTER SUPPLIE FREIGHT GLOBAL COMPUTER SUPPLIE TAX GLOBAL COMPUTER SUPPLIE PC SPLITTER GLOBAL COMPUTER SUPPLIE PAPER SHREDDER GLOBAL COMPUTER SUPPLIE FREIGHT GLOBAL COMPUTER SUPPLIE FREIGHT GLOBAL COMPUTER SUPPLIE TAX GLOBAL COMPUTER SUPPLIE TAX GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO 9" VGA MONITOR & SUPPLIES MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES FREIGHT TAX HALL, NANCY LEE TCSD INSTRUCTOR EARNINGS HAZIT/HOLLAR MARGARITA PARK-WEED ABATEMENT HEALTH & HUMAN RESOURCE LAP PROGRAM HERK EDWARDS, INC. INSTALL 2 BASKETBALL BACKSTOPS HOUSE OF MOTORCYCLES MOTORCYCLE PARTS FOR REPAIRS HTE PROGRAMMED FOR SUCC REGISTRATION RECEIPTS - CRC JOHN A. SOLADO & COMPAN APR LEGAL SERVICES - CLAIMS JOLLY JUMPS JOLLY JUMP-EVENT PUJOL ST 7/4 JULIE R DESIGNS JULIE R DESIGNS REFUND:BUS LIC/PLAN CHECK REFUND:BUS LIC/PLAN CHECK KELLY TEMPORARY SERVICE TEMP HELP W/E 6/01 E.VON WEESE KIMCO STAFFING SOLUTION TEMP HELP W/E 6/01 D.ANGLE KNOX, MICHAEL REFUND:PARKING CITATION#19886 LA MASTERS OF FINE TRAV AIR:LEAGUE CF 7/23-25 J.STONE LAKE ELSINORE ANIMAL FR MAY ANIMAL CONTROL SERVICES LEAGUE OF CAL. CITIES LEAGUE CF:PB,RR,JS, 7/23-25 LINDEMANS, KAREL F. REIMB:FEE FOR EMPLYEE RETIREMT LITELINES, INC CONSULT SVC-DUCK POND LIGHTING MANDARIN CHINA RESTAURA DEPST:EMPYEE RECOGNITION LUNCH ACCOUNT NUMBER 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5220 320-199-999-5221 320-199-999-5220 320-199-999-5221 320-199-999-5220 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 190-183-999-5330 190-180-999-5415 001-150-999-5250 190-180-999-5212 001-170-999-5214 190-182-999-5301 300-199-999-5207 001-110-999-5223 001-199-4056 001-161-4200 190-180-999-5118 001-120-999-5118 001-170-4055 001-100-999-5258 001-172-999-5255 001-100-999-5258 001-100-999-5260 210-190-143-5804 001-150-999-5265 ITEM AMOUNT 3.39 .70 389.00 99.00 19.16 4.18 31.80 6.94 370.00 275.00 450.00 10.00 84.86 216.00 300.00 358.80 1,500.00 472.27 374.42 501.00 115.00 35.00 20.00 145.60 216.72 70.00 111.00 3,284.64 690.00 30.00 995.00 587.50 PAGE 3 CHECK AMOUNT 563.16 1,189.86 216.00 300.00 358.80 1,500.00 472.27 374.42 501.00 115.00 55.00 145.60 216.72 70.00 111.00 3,284.64 690.00 30.00 995.00 587.50 VOUCHRE2 CITY OF TEMECULA 06/19/97 15:45 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 43982 06/19/97 002828 MILNER SIGNS WINDOW LETTERING @ POLICE SUB- 001-170-999-5610 133.90 133.90 43983 06/19/97 001384 MINUTEMAN PRESS 500 CORRECTION NOTICES 001-162-999-5222 43983 06/19/97 001384 MINUTEMAN PRESS 2000 ENVELOPES W/CITY ADDRESS 001-162-999-5222 43983 06/19/97 001384 MINUTEMAN PRESS TAX 001-162-999-5222 68.25 178.48 13.83 260.56 43984 06/19/97 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 43984 06/19/97 000228 MOBIL CREDIT FINANCE CO FUEL FOR CITY VEHICLES 001-161-999-5263 001-170-999-5262 16.46 143.74 160.20 43985 06/19/97 001654 MONTEREY SYSTEMS~ INC. MASTER/DUPLICATE APERTURE CARD 001-120-999-5277 29.89 29.89 43986 06/19/97 NESBITT, LISA REFUND: PARK RENTAL 190-183-4988 60.00 60.00 43987 06/19/97 002139 NORTH COUNTY TIMES - AT PUB.HEARING NOTICES-PA97-0172 001-161-999-5256 43987 06/19/97 002139 NORTH COUNTY TIMES - AT RECRUITMENT AD:SR MANAGEMENT A 001-150-999-5254 43987 06/19/97 002139 NORTH COUNTY TIMES - AT RECRUITMENT AD:MAINT WORKER 001-150-999-5254 47.84 50.40 45.00 143.24 43988 06/19/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 43.30 43.30 43989 06/19/97 000580 PHOTO WORKS PHOTOGRAPHY SERVICES/SUPPLIES 001-161-999-5222 41.30 41.30 43990 06/19/97 PONTARELLI, GRETA REFUND: TINY TOTS 190-183-4980 10.00 10.00 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC HEARING: PA97-0030 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC HEARING:RDA PH-267 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN PROPOSED ORD:SPEED LIMIT 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN PROPOSED ORD:OLD TWN/WESTSIDE 001-120-999-5250 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN ORDINANCE ADPTN:OLD TWN SPECIF 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN ADPT ORDINANCE: 97-07 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN ADPT 0RD:97-05 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN PROPOSED ORD:AMENDING lilLE 15 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN RESOLUTION NO CSD 97-05 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN PUBLIC HEARING: PA96-0345 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN RFP:LSDP MAINT SERVS 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN PROPOSED ORDINANCE AGEMNT W/BR 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN ORDINANCE ADPTN:SPEED LIMITS 001-120-999-5256 43991 06/19/97 000254 PRESS-ENTERPRISE COMPAN ORDINANCE:NEW CHPTER PUB FAC 001-120-999-5256 18.75 16.25 6.50 6.00 9.50 10.75 10.25 5.75 25.25 18.50 13.50 6.75 8.25 7.50 163.50 43992 06/19/97 002110 PRIME EQUIPMENT EQUIPMENT RENTALS - PARKS 190-180-999-5238 111.86 111.86 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX INC. INC. INC. INC. INC. INC. INC. INC, INC. INC. INC. SC-5001317-6 JS SC-5001339-0 KL SC-5002361-3 PB SC-5001383-8 RR SC-5001218-6 MJM SC-5001322-6 RB SC-5001375-4 JG SC-5001391-1 GR SC-5001215-2 GT SC-5001373-9 TE SC-5001251-7 BH 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-110-999-5208 001-110-999-5208 001-120-999-5208 001-140-999-5208 001-161-999-5208 001-162-999-5208 190-180-999-5208 53.68 30.25 32.71 40.37 133.35 38.06 30.11 51.73 50.05 36.08 38.19 VOUCHRE2 06/19/97 15:45 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX 43993 06/19/97 002776 PRIME MATRIX INC. SC-5001206-1 HP 190-180-999-5208 INC. SC-5001348-1 KH 190-180-999-5208 INC. SC-5001367-1 SN 190-180-999-5208 INC. SC-5003948-6 SN 190-180-999-5208 INC. SC-5001377-0 SR VAN 190-180-999-5208 INC. SC-5002330-8 CITY VAN 190-180-999-5208 INC. SC-5001202-0 TH 320-199-999-5208 INC. SC-5002401-7 TH 320-199-999-5208 34.48 48.85 51.04 28.49 33.55 28.10 28.98 40.31 828.38 43994 06/19/97 002823 PRO TEK AUTO COLLISION LUMINA REPAIR-PLANNING DEPT 001-161-999-5214 1,239.54 1,239.54 43995 06/19/97 002836 R E A C T SECURITY FOR THE 4TH OF JULY 190-183-999-5370 200.00 200.00 43996 06/19/97 000947 RANCHO BELL BLUEPRINT C PRINTING SERVICES/SUPPLIES 001-161-999-5222 70.52 70.52 43997 06/19/97 000262 RANCHO CALIFORNIA WATER 01-02-98000-0 PRKVIEW STATION 001-171-999-5240 43997 06/19/97 000262 RANCHO CALIFORNIA WATER 01-02-98010-0 PRKVIEW FIRE STA 001-171-999-5240 43997 06/19/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 340-199-701-5240 43997 06/19/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 43997 06/19/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 43997 06/19/97 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 12.03 325.62 12.03 1,411.72 194.34 1,647.44 3,603.18 43998 06/19/97 001046 REXON, FREEDMAN, KLEPET MAY 97 PROF LEGAL SERVS 001-130-999-5247 122.50 122.50 43999 06/19/97 002412 RICHARDS, WATSON & GERS APRIL 97 LEGAL SERVICES 190-180-999-5246 43999 06/19/97 002412 RICHARDS, WATSON & GERS APRIL 97 LEGAL SERVICES 001-130-999-5246 43999 06/19/97 002412 RICHARDS, WATSON & GERS APR LEGAL SERVICES - CLAIMS 300-199-999-5246 1,299.78 577.50 147.00 2,024.28 44000 06/19/97 001048 ROSA~S CANTINA VIP BREKFAST:4TH OF JULY PARDE 190-183-999-5370 270.00 270.00 44001 06/19/97 001942 S C SIGNS DECEMBER-SIGN POSTING SERVICES 001-120-999-5244 44001 06/19/97 001942 S C SIGNS DECEMBER-SIGN POSTING SERVICES 190-180-999-5250 44001 06/19/97 001942 S C SIGNS DECEMBER-SIGN POSTING SERVICES 001-161-999-5256 162.50 65.00 942.50 1,170.00 44002 06/19/97 SALLS, ALAN REFUND: SPRING DAY CAMP 190-183-4984 120.00 120.00 44003 06/19/97 SAVANT CONSTRUCTION INC REFUND:OVERPAYMENT B97-1011 001-2280 44003 06/19/97 SAVANT CONSTRUCTION INC REFUND:OVERPAYMENT B97-1011 001-162-4203 44003 06/19/97 SAVANT CONSTRUCTION INC REFUND:OVERPAYMENT B97-1011 001-162-4285 .97 54.00 72.00 126.97 44004 06/19/97 002670 SCHNEIDER-LJUBENKOV~ JU TCSD INSTRUCTOR EARNINGS 190-183-999-5330 288.00 288.00 44005 06/19/97 000403 SHAWN SCOTT POOL & SPA POOL MAINT SERV TEM ELEM SCHL 190-180-999-5212 187.00 187.00 44006 06/19/97 000645 SMART & FINAL, INC. SUPPLIES FOR FAMILY FUN NIGHT 190-183-999-5320 44006 06/19/97 000645 SMART & FINAL, INC. SUPPLIES FOR TEEN ACTIVITIES 190-183-999-5320 44006 06/19/97 000645 SMART & FINAL, INC. SUPPLIES FOR TEM COMM CENTER 190-184-999-5301 68.97 171.95 112.01 352.93 44007 06/19/97 000519 SOUTH COUNTY PEST CONTR PEST CTRL SERVS:TEM COMM CTR 190-184-999-5250 36.00 36.00 44008 06/19/97 000537 SOUTHERN CALIF EDISON 2-02-351-6800 VARIOUS METERS 191-180-999-5240 42.60 VOUCHRE2 06/19/97 VOUCHER/ CHECK NUMBER 44008 44008 44008 44008 44009 44009 44009 44009 44009 44010 44011 44012 44013 44013 44013 44013 44014 44015 44016 44017 44018 44019 44020 44020 44021 44022 44022 44023 15:45 CHECK VENDOR VENDOR DATE NUMBER NAME 06/19/97 000537 06/19/97 000537 06/19/97 000537 06/19/97 000537 SOUTHERN CAL[F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON 06/19/97 001212 06/19/97 001212 06/19/97 001212 06/19/97 001212 06/19/97 001212 SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP 06/19/97 000521 STEWART, BRUCE M. 06/19/97 000752 STONE, JEFFREY E. 06/19/97 STOVALL, JANNIFER 06/19/97 001672 06/19/97 001672 06/19/97 001672 06/19/97 001672 TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P 06/19/97 TEMECULA HOOPSTERS BOOS 06/19/97 000307 TEMECULA TROPHY CO. 06/19/97 TEMECULA VALLEY ROSE SO 06/19/97 002769 TODDrS FENCING 06/19/97 000319 TOMARK SPORTSf INC. 06/19/97 002452 TOP LINE INDUSTRIAL 06/19/97 000326 UNITOG RENTAL SERVICE, 06/19/97 000326 UNITOG RENTAL SERVICE, 06/19/97 001112 UNIVERSITY OF CALIFORNI 06/19/97 002092 WINTER GRAPHICS SOUTH 06/19/97 002092 WINTER GRAPHICS SOUTH 06/19/97 000348 ZIGLER, GAIL CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 2-01-202-7330 VARIOUS METERS 2-01-202-7330 VARIOUS METERS 2-01-202-7603 VARIOUS METERS 2-05-791-8807 VARIOUS METERS 021 725 0775 SR CTR 091 024 9300 CRC 095-167-7907-2 FIRE 101 525 0950 TCC 133 040 7373 CITY HALL CONSULTANT:STREET ADDRESSING REIMB:FEE FOR EMPLYEE RETIREMT REFUND: PARK RENTALS PLUMBING REPAIRS @ PARKS PLUMBING REPAIRS SR. CENTER PLUMBING REPAIRS @ PARKS PLUMBING REPAIRS TEM COMM CTR RE-ISSUE CK:REFUND:SECURITY RETIREMENT RECOGNITION / R.C. REFUND: SECURITY DEPOSIT RES.IMPROVE.PROGRAM:G.OSMOND REPAIR OF BASKETBALL CONSOLE STEAM CLEANER HOSE TCSD UNIFORM MAINT & RENTAL FLOOR MATS RENTAL-MAINT FAC 97-98 MEMBERSHIP:RON BRADLEY DESIGN OLD TOWN ADOBE WALL SIG CITY SIGNAGE/CITY LOGO ON DISK REIMB:FOR R.R.FEE-EMP RETIRMNT ACCOUNT NUMBER 192-1990 192-180-999-5319 191-180-999-5319 191-180-999-5319 190-181-999-5240 190-182-999-5240 001-171-999-5240 190-184-999-5240 340-199-701-5240 001-162-999-5250 001-100-999-5260 190-183-4988 190-180-999-5212 190-181-999-5212 190-180-999-5212 190-184-999-5212 190-2900 190-180-999-5301 190-2900 165-199-813-5804 190-183-999-5380 001-171-999-5242 190-180-999-5243 340-199-702-5212 001-110-999-5226 280-199-999-5250 280-199-999-5270 001-100-999-5260 ITEM AMOUNT 8,604.01 15,116.97 7,375.35 2,853.27 46.93 267.20 16.58 17.38 22.97 lf462.50 30.00 100.00 87.00 104.00 86.00 47.00 100.00 263.99 100.00 1,292.38 70.00 93.93 103.59 20.92 350.00 431.00 48.48 30.00 PAGE 6 CHECK AMOUNT 33,992.20 371.06 1,462.50 30.00 100.00 324.00 100.00 263.99 100.00 1,292.38 70.00 93.93 124.51 350.00 479.48 30.00 TOTAL CHECKS 94,993.08 VOUCHRE2 06/26/97 11:55 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 81,328.38 9,178.52 38,011.95 178.23 64.83 11,710.79 525.02 25,242.27 5~314.25 338.54 7,675.77 1,652.11 976.52 TOTAL 182,197.18 VOUCHRE2 CITY OF TEMECULA 06/26/97 11:55 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 44024 06/25/97 000262 RANCHO CALIFORNIA WATER WATER METER-JULY 4TH FIREWORKS 190-183-999-5370 750.00 750.00 44025 06/25/97 002534 CATERERS CAFE, THE APPRECIATION LUNCHEON 6/25 001-150-999-5265 200.00 200.00 44026 06/25/97 MANDARIN CHINA APPRECIATION LUNCHEON 6/25 001-150-999-5265 590.00 590.00 44028 06/25/97 000314 TEMECULA VALLEY MUSEUM PARTIAL PYT:LUMBER/HEATING&A[R 210-190-808-5804 15,827.01 15,827.01 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 15,431.97 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 240.70 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 3,768.40 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 8.92 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 22.13 728184 06/26/97 000283 INSTATAX ([RS) 000283 FEDERAL 193-2070 405.68 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 138.30 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 426.72 728184 06/26/97 000283 INSTATAX (IRS) 000283 FEDERAL 300-2070 138.55 728184 06/26/97 000283 INSTATAX ([RS) 000283 FEDERAL 320-2070 553.61 728184 06/26/97 000283 INSTATAX ([RS) 000283 FEDERAL 330-2070 123.83 728184 06/26/97 000283 INSTATAX ([RS) 000283 FEDERAL 340-2070 238.21 728184 06/26/97 000283 INSTATAX ([RS) 000283 MEDICARE 001-2070 3,688.16 728184 06/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 69.56 728184 06/26/97 000283 INSTATAX ([RS) 000283 MEDICARE 190-2070 1,112.90 728184 06/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 2.38 728184 06/26/97 000283 INSTATAX ([RS) 000283 MEDICARE 192-2070 6.10 728184 06/26/97 000283 INSTATAX ([RS) 000283 MEDICARE 193-2070 121.21 728184 06/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 38.79 728184 06/26/97 000283 INSTATAX ([RS) 000283 MEDICARE 280-2070 120.02 728184 06/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 25.10 728184 06/26/97 000283 INSTATAX ([RS) 000283 MEDICARE 320-2070 119.30 728184 06/26/97 000283 INSTATAX ([RS) 000283 MEDICARE 330-2070 32.80 728184 06/26/97 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 108.48 26~941.82 754146 06/26/97 000444 INSTATAX (EDD) 000444 SDI 001-2070 40.88 754146 06/26/97 000444 INSTATAX (EDD) 000444 SDI 165-2070 4.10 754146 06/26/97 000444 [NSTATAX (EDD) 000444 $DI 190-2070 81.14 754146 06/26/97 000444 [NSTATAX (EDD) 000444 SDI 193-2070 6.08 754146 06/26/97 000444 [NSTATAX (EDD) 000444 $DI 280-2070 4.98 754146 06/26/97 000444 [NSTATAX (EDD) 000444 $DI 340-2070 3.77 754146 06/26/97 000444 [NSTATAX (EDD) 000444 STATE 001-2070 4,147.06 754146 06/26/97 000444 INSTATAX (EDD) 000444 STATE 165-2070 65.37 754146 06/26/97 000444 INSTATAX (EDD) 000444 STATE 190-2070 792.94 754146 06/26/97 000444 [NSTATAX (EDD) 000444 STATE 191-2070 1.63 754146 06/26/97 000444 [NSTATAX (EDD) 000444 STATE 192-2070 3.80 754146 06/26/97 000444 INSTATAX (EDD) 000444 STATE 193-2070 72.42 754146 06/26/97 000444 [NSTATAX (EDD) 000444 STATE 194-2070 24.11 754146 06/26/97 000444 [NSTATAX (EDD) 000444 STATE 280-2070 119.03 754146 06/26/97 000444 [NSTATAX (EDD) 000444 STATE 300-2070 44.09 754146 06/26/97 000444 INSTATAX (EDD) 000444 STATE 320-2070 127.47 754146 06/26/97 000444 [NSTATAX (EDD) 000444 STATE 330-2070 33.58 754146 06/26/97 000444 INSTATAX (EDD) 000444 STATE 340-2070 33.30 5,605.75 VOUCHRE2 CITY OF TEMECULA 06/26/97 11:55 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 44031 06/26/97 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT-OVERLAND PASS 001-164-601-5402 80.00 44031 06/26/97 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT-FLOOD CONTROL 001-164-601-5402 400.00 44031 06/26/97 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT - FLOOD CONTROL 001-164-601-5402 120.00 600.00 44032 06/26/97 002804 ACTION CHEMICAL ENVIRO-CLEAR POND TREATMENT 190-180-999-5212 862.00 862.00 44033 06/26/97 002038 ACTION POOL & SPA SUPPL POOL MAINTENANCE SERVICES 190-182-999-5212 21.54 21.54 44034 06/26/97 001281 ALHAMBRA GROUP PROF SRVCS DUCK POND 210-190-143-5802 2,500.00 2,500.00 44035 06/26/97 002837 ANIMAL HOSPITAL OF TEME VET SERVICES - POLICE DOG 001-170-999-5327 15.00 15.00 44036 06/26/97 000101 APPLE ONE, INC. TEMP HELP W/E 6/7 COMYNS 001-161-999-5118 180.60 180.60 44037 06/26/97 000195 ASCOM HASLER MAILING SY MONTHLY BILL RATE FOR POSTAGE 330-199-999-5239 177.00 44037 06/26/97 000195 ASCOM HASLER MAILING SY SERVICE CHARGE FOR METER RESET 330-199-999-5239 29.88 206.88 44038 06/26/97 000122 B S N SPORTS SPORTS EQUIPMENT 190-182-999-5301 3.96 44038 06/26/97 000122 B S N SPORTS NA8012RD REPLACEMENT MANUAL 190-182-999-5301 1.98 44038 06/26/97 000122 B S N SPORTS NA8011XX ROD CAPS FOOSEBALL 190-182-999-5301 1.30 44038 06/26/97 000122 B S N SPORTS NA8016XX RUBBER GRIP 190-182-999-5301 1.60 44038 06/26/97 000122 B S N SPORTS NABALEX BALL - 8" 190-182-999-5301 9.50 44038 06/26/97 000122 B S N SPORTS HM10255X CUE STICK 24" 190-182-999-5301 1.90 44038 06/26/97 000122 B S N SPORTS HMlO360X CUE STICK 36" 190-182-999-5301 2.00 44038 06/26/97 000122 B S N SPORTS NASIXXXX TENNIS TABLE PADDLES 190-182-999-5301 11.40 44038 06/26/97 000122 B S N SPORTS FREIGHT 190-182-999-5301 4.02 44038 06/26/97 000122 B S N SPORTS TAX 190-182-999-5301 2.60 40.26 44039 06/26/97 002541 BECKER, WALTER KARL REMOVE/REPLACE SIDEWALK DRAINS 001-164-601-5402 4,946.50 4,946.50 44040 06/26/97 002093 BERRYMAN AND HENIGAR DEBIT:INV#02199 PRJCT PW96-13 210-165-669-5802 8.05 8.05 44041 06/26/97 000126 CALIFORNIA LANDSCAPE MA R.C. RD MEDIAN REPAIR TURF 191-180-999-5415 90.00 44041 06/26/97 000126 CALIFORNIA LANDSCAPE MA TREE TRIMMING - DUCK POND 190-180-999-5415 1,000.00 1,090.00 44042 06/26/97 001590 CALIFORNIA REDEVELOPMEN HOUSING WRKSHP-MCLARNEY 5/22 165-199-999-5258 170.00 170.00 44043 06/26/97 002803 CANTY ENGINEERING GROUP MAY SERVS:WINCHESTER/I-15 001-1280 600.00 600.00 44044 06/26/97 000135 CENTRAL CITIES SIGN SER SIGNS FOR WALCOTT CORRIDOR 210-165-637-5804 157.05 157.05 44045 06/26/97 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-164-602-5262 13.82 13.82 44046 06/26/97 001193 COMP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 93.80 44046 06/26/97 001193 COMP USA° INC. MISC COMPUTER SUPPLIES 320-199-999-5221 564.20 658.00 44047 06/26/97 000442 COMPUTER ALERT SYSTEMS SECURITY SYSTEM-MAINT YARD 001-164-601-5610 1~130.00 1,130.00 44048 06/26/97 001393 DATA TICKET, INC. APR PARKING CITATION PROCESSIN 001-140-999-5250 138.25 44048 06/26/97 001393 DATA TICKET, INC. APR PARKING CITATION PROCESSIN 001-170-999-5250 138.25 276.50 VOUCHRE2 CITY OF TEMECULA 06/26/97 11:55 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 44049 06/26/97 000155 DAVLIN PLANNING COMMISSION TAPINGS 001-161-999-5250 150.00 150.00 44050 06/26/97 00167-3 DIVERSIFIED TEMPORARY S TEMP HELP W/E 6/15 BROCK 001-150-999-5118 72.24 72.24 44051 06/26/97 001924 DMG/DAVID M. GRIFFITH & PROF SRVCS FOR DIF ON 5/8/97 001-140-999-5248 951.63 951.63 44052 06/26/97 002128 ENGINEERING VENTURES, I APR AUTOCAD SRVCS ADD'L .5 HRS 001-163-999-5250 25.00 25.00 44053 06/26/97 001056 EXCEL LANDSCAPE APPLY WEED EATER TO CHANNEL 190-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE VARIOUS LDSC IMPROVEMENTS 193-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE SPORTS PRK FESCUE SOD INSTALL 190-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE R. CAL RD MAIN LINE REPAIR 193-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE R. HIGHLANDS MAIN LINE REPAIR 193-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE LA SERENA/C. MEDUSA MAIN LINE 193-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE SADDLEWOOD LDSC MAINT WORK 193-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE WINCHESTER CRK-REPLACED VALVE 193-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE REPAIR MAIN LINE SOLANA WAY 193-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE REPLACE STONE PINE YNEZ RD 193-180-999-5415 44053 06/26/97 001056 EXCEL LANDSCAPE REPLACE (4) SYCAMORE TREES 193-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE INSTALL 4 BUBBLERS FOR 193-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE REPAIR MAINLINE (S)R.CAL RD 193-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE SPRINKLER REPAIR DUE TO 193-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE SPORTS PARK MAINLINE REPAIR 190-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE WINCHESTER CRK REPAIR VALVE 193-180-999-5212 44053 06/26/97 001056 EXCEL LANDSCAPE LOMA LINDA PK LDSC IMPROVEMNTS 190-180-999-5415 802.00 1,795.00 325.00 153.84 334.62 73.40 142.14 114.23 235.24 175.00 240.00 100.00 84.16 106.85 246.97 95.16 660.00 5,683.61 44054 06/26/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 44054 06/26/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 44054 06/26/97 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 25.00 8.93 12.24 46.17 44055 06/26/97 002832 FENCE BUILDERS RESIDENT.REHAB PRGRM-ONTIVEROS 165-199-813-5804 3,436.00 3,436.00 44056 06/26/97 000795 FRED PRYOR SEMINARS MGMT SEM:D.HOGAN 7/29 001-161-999-5261 195.00 195.00 44057 06/26/97 002815 G & A FIRE PROTECTION C RE-DESIGN FIRE SPRNKLR ST #84 210-190-626-5804 800.00 800.00 44058 06/26/97 000184 44058 06/26/97 000184 44058 06/26/97 000184 44058 06/26/97 000184 44058 06/26/97 000184 44058 06/26/97 000184 44058 06/26/97 000184 44058 06/26/97 000184 G T E CALIFORNIA - PAYM G I E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 909-197-5072-JUN-GENERAL USAGE 320-1990 909-676-0783-JUN-GENERAL USAGE 320-1990 909-676-6243-JUN-PALA COMM PRK 320-1990 909-694-4354-JUN-PALA COMM PRK 320-1990 909-695-3564-JUN-CITY ALARM 320-199-999-5208 CREDIT:909-699-2475:PUBLIC WRK 001-164-601-5208 909-699-2811-JUN-GENERAL USAGE 320-1990 909-699-7945-JUN-CRC ALARM 320-199-999-5208 2,844.02 62.44 27.99 30.87 54.36 7.83- 1,327.92 54.06 4,393.83 44059 06/26/97 GARCIA, KELLY REFUND:TEEN JAZZ 190-183-4982 100.00 100.00 44060 06/26/97 000173 44060 06/26/97 000173 44060 06/26/97 000173 44060 06/26/97 000173 GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA GENERAL BINDING CORPORA (100) BLACK RING COMBS BLACK BINDERS RING COMBS BLACK BINDER RING COMBS 3/8" BLACK COMBS 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 11.35 15.12 14.28 14.84 VOUCHRE2 CITY OF TEMECULA 06/26/97 11:55 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 44060 06/26/97 000173 GENERAL BINDING CORPORA (100) BLACK RING COMBS 330-199-999-5220 9.36 44060 06/26/97 000173 GENERAL BINDING CORPORA 1/4" BLACK COMBS 330-199-999-5220 2.71 44060 06/26/97 000173 GENERAL BINDING CORPORA FREIGHT 330-199-999-5220 7.61 44060 06/26/97 000173 GENERAL BINDING CORPORA TAX 330-199-999-5220 5.85 81.12 44061 06/26/97 000351 GILLISS, MAX C.M. JUN CONSULTING SERVICES 001-110-999-5248 44061 06/26/97 000351 GILLISS, MAX C.M. JUNE CONSULTING SERVICES 001-164-604-5248 500.00 500.00 1,000.00 44062 06/26/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES -CITY MANAGERS 001-110-999-5220 44062 06/26/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES CLERKS DEPT 001-120-999-5220 44062 06/26/97 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES-RECORDS MGMT 001-120-999-5277 558.45 188.23 395.83 1,142.51 44063 06/26/97 000175 GOVERNMENT FINANCE OFFI SUB:PUBLIC INVESTOR NEWSLETTER 001-110-999-5228 55.00 55.00 44064 06/26/97 002174 GROUP 1 PRODUCTIONS VIDEO TAPING FOR CITY EVENTS 280-199-999-5250 44064 06/26/97 002174 GROUP 1 PRODUCTIONS VIDEO TAPING FOR CITY EVENTS 165-199-999-5250 1,250.00 1,250.00 2,500.00 44065 06/26/97 000186 HANKS HARDWARE, INC. SUPPLIES FOR SPORTS PROGRAM 190-183-999-5380 44065 06/26/97 000186 HANKS HARDWARE° INC. MAINTENANCE SUPPLIES FOR TCC 190-184-999-5212 44065 06/26/97 000186 HANKS HARDWARE, INC. TCSD MAINTENANCE SUPPLIES 190-180-999-5212 72.58 494.52 453.85 1,020.95 44066 06/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,902.45 44066 06/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 165-2080 12.50 44066 06/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 408.18 44066 06/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 9.64 44066 06/26/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 280-2080 12.50 2,345.27 44067 06/26/97 002842 INLAND EMPIRE SMALL BUS SPNSRSHP-DIAMOND VENTURE FORUM 280-199-999-5270 500.00 500.00 44068 06/26/97 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 241.36 241.36 44069 06/26/97 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 310.10 310.10 44070 06/26/97 002695 J A S PACIFIC CONSULTIN MAY TEMP INSPECTOR - LEONARD 001-162-999-5118 4,851.20 4,851.20 44071 06/26/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 6/8 VON WEESE 190-180-999-5118 298.12 44071 06/26/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 6/8 VOW WEESE 190-180-999-5118 61.33 359.45 44072 06/26/97 002023 KING~ WENDE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 187.00 187.00 44073 06/26/97 KLOPF~ DIANE REFUND:CREATIVE BEGINNINGS 190-183-4982 35.00 35.00 44074 06/26/97 001982 L WILLIAMS LANDSCAPE, I CITYWIDE R-O-W TREE TRIMMING 001-164-601-5402 4,875.00 44074 06/26/97 001982 L WILLIAMS LANDSCAPE, I RIGHT-OF-WAY TREE TRIMMING 001-164-601-5402 565.00 5,440.00 44075 06/26/97 001973 LA SALLE LIGHTING SERVI T.C.C. ELECTRICAL WORK 190-184-999-5250 40.00 44075 06/26/97 001973 LA SALLE LIGHTING SERVI SPORTS PK BALLFLD LIGHT REPAIR 190-180-999-5212 207.50 247.50 44076 06/26/97 002397 LANDMARK/CALIFORNIA STA RETENTION TO ESCROW ACCT 210-1035 4,534.97 4,534.97 44077 06/26/97 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 6/1 CASTILLO 001-164-604-5118 459.20 VOUCHRE2 CITY OF TEMECULA 06/26/97 11:55 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 44077 06/26/97 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 6/8 CASTILLO 001-164-604-5118 574.00 1,033.20 44078 06/26/97 000220 MAURICE PRINTERS, INC. INVITATIONS:COMM RECOGN DINNER 001-100-999-5265 102.36 44078 06/26/97 000220 MAURICE PRINTERS, INC. PRINTING COSTS FOR EMPLOYMENT 001-150-999-5222 379.00 44078 06/26/97 000220 MAURICE PRINTERS, INC. TAX 001-150-999-5222 29.37 44078 06/26/97 000220 MAURICE PRINTERS, INC. TEMECULA LOGO SHEETS 280-199-999-5270 51.72 562.45 44079 06/26/97 001205 MCDERMOTT, TIM K. REIMB:GFOA ANNUAL CF 5/31-6/4 001-140-999-5258 106.12 106.12 44080 06/26/97 001905 MEYERS, DAVID WILLIAM TCSD INSTRUCTOR EARNINGS 190-183-999-5330 320.00 320.00 44081 06/26/97 002497 MISCO HP DESKJET HIGH CAP. CATRID 320-199-999-5221 551.76 44081 06/26/97 002497 MISCO AVERY LASER LABELS 320-199-999-5220 129.95 44081 06/26/97 002497 MISCO FREIGHT 320-199-999-5221 27.67 440B1 06/26/97 002497 MISCO FREIGHT 320-199-999-5220 2.86 712.24 44082 06/26/97 002211 MISSION POOLS OF ESCOND CRC POOL REPAIRS 190-182-999-5212 260.00 260.00 44083 06/26/97 002139 NORTH COUNTY TIMES - AT CINCO DE MAYO FESTIVAL AD 190-180-999-5254 60.38 44083 06/26/97 002139 NORTH COUNTY TIMES - AT DISPLAY ADS:UPDATES ON CIP PRJ 001-165-999-5256 169.06 44083 06/26/97 002139 NORTH COUNTY TIMES - AT RDA POSITION AD 280-199-999-5254 120.75 44083 06/26/97 002139 NORTH COUNTY TIMES - AT DISPLAY ADS 001-120-999-5256 281.75 631.94 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 15.00 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 15.00 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 15.00 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 15.00 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 15.00 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 15.00 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 15.00 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-163-999-5214 117.66 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 24.41 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 137.79 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 203.19 44084 06/26/97 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 31.42 619.47 44085 06/26/97 002668 OMEGA LAKE SERVICES JUNE WATER QUALITY MGMT PRGM 190-180-999-5250 800.00 800.00 44086 06/26/97 001383 P M W ASSOCIATES~ INC. 4/24-25 EXECUTIVE MGMT WRKSHP 001-150-999-5248 3w307.79 3,307.79 44087 06/26/97 002406 PACIFIC BUSINESS INTERI REDESIGN/FURNITURE:C.MGR AREA 001-110-999-5242 1,067.16 1,067.16 44088 06/26/97 PAQUETTE, JENNE /SECRET FAREWELL J.HOFFMAN:MR.BRADLEY 001-110-999-5260 15.00 15.00 44089 06/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2130 22.18 44089 06/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 15,935.61 44089 06/26/97 000246 PERS (EMPLOYEES' RE?IRE 000246 PERS RET 165-2390 233.95 44089 06/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 3,018.66 44089 06/26/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 191-2390 11.02 44089 06/26/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 192-2390 27.66 44089 06/26/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 379.26 VOUCHRE2 06/26/97 11:55 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44089 06/26/97 000246 44090 06/26/97 001958 PERS (EMPLOYEES~ RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS (EMPLOYEESJ RETIRE 000246 PERS (EMPLOYEES' RETIRE 000246 PERS LONG TERM CARE PRO 001958 PERS RET PERS RET PERS RET PERS RET PERS RET PERS RET PERS-PRE SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR SURVIVOR PERS L-T 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2122 174.73 471.48 110.36 546.16 128.39 405.93 313.17 61.95 .84 12.65 .05 .14 1.77 .97 1.85 .46 1.86 .93 2.09 49.85 21,864.12 49.85 44091 06/26/97 000580 PHOTO WORKS 44091 06/26/97 000580 PHOTO WORKS PHOTO DEVELOPING & SUPPLIES PHOTO DEVELOPING FOR TRAFFIC 001-164-601-5250 001-164-602-5250 11.57 8.02 19.59 44092 06/26/97 000253 POSTMASTER 44092 06/26/97 000253 POSTMASTER 44092 06/26/97 000253 POSTMASTER EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS 001-161-999-5230 001-120-999-5230 001-164-604-5230 19.40 40.95 10.75 71.10 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 44093 06/26/97 000254 PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN 44094 06/26/97 002776 PRIME MATRIX, INC. 44094 06/26/97 002776 PRIME MATRIX, INC. 44094 06/26/97 002776 PRIME MATRIX, INC. 44094 06/26/97 002776 PRIME MATRIX, INC. 44094 06/26/97 002776 PRIME MATRIX, INC. 44094 06/26/97 002776 PRIME MATRIX, INC. 44094 06/26/97 002776 PRIME MATRIX, INC~ RANCHO HGHLAND:LEVEL C ROADWAY CONSTRUCTION UPDATE ROADWAY CONSTRUCTION UPDATE RFP BASKETBALL OFFICIATING SER PUB HEARING97-OO42& PW97-0016 PUBLIC HEARING POLICE DEPT. NOTICE OF ORDINANCE RFP BASKETBALL OFFICIATING RDA ADVERTISING CHARGES ADVERTISEMENTS:PUBLIC HEARINGS ADPT ORD:BETWN CITY/BRAMALEA PROPOSED ORD:SPEED LIMITS SC-5001379-6 JH SC-5001207-9 BB SC-5003835-5 PW BLAZER SC-5001220-2 PW MAINT SC-5001237-6 PW MAINT SC-5001278-0 SM SC-5001349-9 MW 001-120-999-5256 001-165-999-5256 001-165-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 280-199-999-5254 190-180-999-5254 001-120-999-5256 001-120-999-5256 001-163-999-5208 001-164-601-5208 001-164-601-5208 001-164-601-5208 001-164-604-5208 001-164-604-5208 190-180-999-5208 5.75 74.00 26.00 120.00 75.20 75.20 70.50 120.00 976.40 188.00 9.00 8.00 115.99 62.87 54.90 59.72 131.62 107.26 66.15 1,748.05 598.51 44095 06/26/97 000255 PRO LOCK & KEY LOCKSMITH SERVS:TCSD 190-180-999-5212 46.11 46.11 VOUCHRE2 06/26/97 11:55 VOUCHER/ CHECK CHECK NUMBER DATE 44096 06/26/97 44097 06/26/97 44097 06/26/97 44097 06/26/97 44097 06/26/97 44097 06/26/97 44098 06/26/97 44098 06/26/97 44098 06/26/97 44098 06/26/97 44098 06/26/97 44099 06/26/97 44100 06/26/97 44100 06/26/97 44101 06/26/97 44101 06/26/97 44101 06/26/97 44102 06/26/97 44102 06/26/97 44102 06/26/97 44103 06/26/97 44104 06/26/97 44105 06/26/97 44106 06/26/97 44107 06/26/97 44108 06/26/97 44109 06/26/97 44110 06/26/97 44111 06/26/97 44111 06/26/97 44111 06/26/97 44112 06/26/97 44113 06/26/97 VENDOR VENDOR NUMBER NAME 002807 R J WILLIAMS 000947 RANCHO BELL BLUEPRINT C 000947 RANCHO BELL BLUEPRINT C 000947 RANCHO BELL BLUEPRINT C 000947 RANCHO BELL BLUEPRINT C 000947 RANCHO BELL BLUEPRINT C 000262 000262 000262 000262 000262 RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER 000426 RANCHO INDUSTRIAL SUPPL 001327 RANCHO RECYCLED PRODUCT 001327 RANCHO RECYCLED PRODUCT 002400 REBEL TEMECULA 002400 REBEL TEMECULA 002400 REBEL TEMECULA 000955 000955 000955 RIVERSIDE CO. SHERIFF-B RIVERSIDE CO. SHERIFF-B RIVERSIDE CO. SHERIFF-B 000958 ROBERT CARAN PRODUCTION 002825 RON SCHAEFFER LANDSCAPE 000277 S & S ARTS AND CRAFTS, 001441 SAN DIEGO COUNTY TREASU 002814 SAN GABRIEL VALLEY BUS SANTIA-GORHAM, SUZANNE 000645 SMART & FINAL, INC. 002840 SNICKERDOODLE FARMS 000537 000537 000537 SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON 002361 SOUTHERN CALIF FPO'S SOUTHWEST RIVERSIDE COU CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SECURE CABINETS IN SHOP AREA 11" PAPER FOR MICROFICHE MACH. 18" PAPER FOR MICROFICHE MACH. 36" BOND PAPER FOR ENG. COPIER TAX BLUEPRINTS AND MISC SUPPLIES 01-06-84860-4 PUJOL ST VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS MISC JANITORIAL SUPPLIES 2 TABLES:PRKVW FIRE STATION TAX EQUIPMENT RENTAL FOR PW MAINT EQUIPMENT RENTAL FOR PW MAINT MISC EQUIPMENT RENTAL:PW MAINT APRIL 12 APT PATROL BATTLE OF THE BANDS 5/10 PATRO OLD TWN ANTIQUE FAIR 5/11PATR 4TH JULY FIREWRKS DISPLAY SHOW LDSP IMPRVMNT RANCHO CREEK APT DAY CAMP SUPPLIES @ CRC TECHNICAL SERVICES RENDERED 1/4 PG AD FOR RDA MKTG PRGM REFUND:UNABLE TO ATTEND CLASS DAY CAMP SUPPLIES FOR CRC GIFT BASKET:CHAMBER OF COMM 2-00-397-5059 VARIOUS METERS 2-00-397-5059 VARIOUS METERS 2-07-626-6063 RANCHO VISTA SPR REISSUE CK 31321:FIRE PREV CF REFUND: SECURITY DEPOSIT ACCOUNT NUMBER 001-164-601-5242 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 001-164-604-5268 280-199-807-5804 191-180-999-5240 190-1990 193-180-999-5240 193-1990 190-180-999-5212 210-190-626-5610 210-190-626-5610 001-164-601-5238 001-164-601-5238 001-164-601-5238 001-170-999-5326 001-170-999-5326 001-170-999-5326 190-183-999-5370 165-199-813-5804 190-183-999-5340 001-150-999-5248 280-199-999-5270 190-183-4975 190-183-999-5340 280-199-999-5250 190-180-999-5240 190-1990 193-180-999-5240 001-170-999-5261 190-2900 ITEM AMOUNT 554.00 88.58 72.46 289.89 34.95 40.41 317.56 64.23 2,969.34 4v957.56 1,961.76 263.08 1,313.40 101.79 140.78 50.00 520.21 485.52 424.83 424.83 3,500.00 1,631.50 456.58 250.00 840.00 15.00 249.34 9.95 lv603.35 7,984.19 13.92 50.00 100.00 PAGE 7 CHECK AMOUNT 554.00 526.29 10,270.45 263.08 1,415.19 710.99 1,335.18 3,500.00 1,631.50 456.58 250.00 840.00 15.00 249.34 9.95 9f601.46 50.00 100.00 VOUCHRE2 CITY OF TEMECULA 06/26/97 11:55 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 44114 06/26/97 002799 STEVE KRABBE CUSTOM PAI RESIDENTL IMPRVMNT PRGM:OSMOND 165-199-813-5804 2,000.00 2,000.00 44115 06/26/97 000752 STONE, JEFFREY E. REIMB:INT~L SHOP CF:5/18-20/97 001-100-999-5258 23. O0 23.00 44116 06/26/97 001672 TEMECULA DRAIN SERV & P PLUMBING SERVICES FOR TCSD 190-180-999-5212 51.00 51.00 44117 06/26/97 TEMECULA VALLEY CONGREG REFUND:GRADING DEPOSIT 001-2670 995.00 995.00 44118 06/26/97 000316 THORNHILL, GARY REIMB:ICSC CONF: 5/18-21/97 001-161-999-5258 39.60 39.60 44119 06/26/97 000319 TOMARK SPORTS~ INC. SNAP BACK BREAKAWAY #30056 190-183-999-5380 44119 06/26/97 000319 TOMARK SPORTS~ INC. FREIGHT 190-183-999-5380 44119 06/26/97 000319 TOMARK SPORTS~ INC. TAX 190-183-999-5380 235.00 25.00 18.21 278.21 44120 06/26/97 000618 TRIGG INDUSTRIES WEST, BATTERY 2 BXS:TRAFFIC COUNTERS 001-164-602-5242 44120 06/26/97 000618 TRIGG INDUSTRIES WEST, FREIGHT 001-164-602-5242 44120 06/26/97 000618 TRIGG INDUSTRIES WEST, TAX 001-164-602-5242 128.46 5.00 9.95 143.41 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 3,545.99 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 1,029.40 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 192-2080 5.00 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 40.63 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 148.12 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 5.00 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 19.98 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 555.47 44121 06/26/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 128.12 5,477.71 44122 06/26/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 44122 06/26/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 165-2160 44122 06/26/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 44122 06/26/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 44122 06/26/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 44122 06/26/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 340-2160 613.26 61.50 1,217.62 91.22 74.66 56.62 2,114.88 44123 06/26/97 002065 UNISOURCE WHITE COPY PAPER 330-199-999-5220 44123 06/26/97 002065 UNISOURCE COLORED PAPER:VARIOUS COLORS 330-199-999-5220 44123 06/26/97 002065 UNISOURCE TAX 330-199-999-5220 70.00 448.50 40.20 558.70 44124 06/26/97 000325 UNITED WAY 000325 UW 001-2120 44124 06/26/97 000325 UNITED WAY 000325 UW 165-2120 44124 06/26/97 000325 UNITED WAY 000325 UW 190-2120 44124 06/26/97 000325 UNITED WAY 000325 UW 280-2120 101.80 2.50 17.00 2.70 124.00 44125 06/26/97 000326 UNITOG RENTAL SERVICE, UNIFORMS FOR PUBLIC WORKS 001-164-601-5243 44125 06/26/97 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL:CRC 190-182-999-5250 44125 06/26/97 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL:SR CENTER 190-181-999-5250 44125 06/26/97 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL:TEM COMM CTR 190-184-999-5250 107.36 127.60 50.52 65.18 350.66 44126 06/26/97 001437 VIRACK, MARYANN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 100.00 100.00 VOUCHRE2 06/26/97 VOUCHER/ CHECK NUMBER 44127 44127 44127 44128 11:55 CHECK DATE 06/26/97 06/26/97 06/26/97 06/26/97 VENDOR NUMBER 002109 002109 002109 VENDOR NAME WHITE CAP WHITE CAP WHITE CAP YELLEY, CHRIS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 4~ "SMART LEVEL" FOR CIP INSPE 4' "SMART LEVEL" FOR CIP INSPE TAX REFUND: SECURITY DEPOSIT ACCOUNT NUMBER 001-165-999-5242 001-164-604-5242 001-164-604-5242 190-2900 ITEM AMOUNT 93.00 31.00 9.61 100.00 PAGE 9 CHECK AMOUNT 133.61 100.00 TOTAL CHECKS 182,197.18 VOUCHRE2 06/26/97 12:27 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP AMOUNT 384,176.91 873~529.50 303~581.30 284~840.65 TOTAL 1,846,128.36 VOUCHRE2 06/26/97 12:27 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 44131 44131 44131 44131 44131 44131 44132 44133 44134 44135 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 001916 001916 001916 001916 001916 001916 002775 001281 002093 000447 ALBERT A. WEBB ASSOCIAT ALBERT A. WEBB ASSOCIAT ALBERT Ao WEBB ASSOCIAT ALBERT A. WEBB ASSOCIAT ALBERT A. WEBB ASSOCIAT ALBERT Ao WEBB ASSOCIAT ALCORN FENCE COMPANY ALHAMBRA GROUP BERRYMAN AND HENIGAR COMTRONIX OF HEMET MAR ENG SERVS:OLD TWN IMPRVMNT MAR ENG SERVS:OLD TWN IMPRVMNT MAR ENG SERVS:OLD TWN IMPRVMNT APR ENG SRVCS-O.T. STREETSCAPE APR ENG SRVCS-O.T. STREETSCAPE APR ENG SRVCS-O.T. STREETSCAPE INSTALL GUARD RAIL ON PAUBA PROF SRVCS -TEM DUCK POND MAY PAVEMENT MGMT SYSTEM SRVCS RADIO EQUIP/INSTALL-MAINT FAC. 280-199-809-5804 280-199-818-5802 280-199-819-5802 280-199-809-5804 280-199-818-5802 280-199-819-5802 001-164-601-5402 210-190-143-5802 210-165-669-5802 210-190-144-5804 16,271.09 559.49 2,739.92 14,075.34 483.99 2,370.17 8,250.00 5,750.00 7,180.50 5,256.14 36~500.00 8,250.00 5,750.00 7,180.50 5,256.14 44136 44136 44137 44138 44139 44140 44140 44140 44140 44141 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 001009 001009 002182 000754 000164 002745 002745 002745 002745 000240 D B X, INC. D B X, INC. D K S ASSOCIATES ELLIOTT GROUP, THE ESGIL CORPORATION LAIRD CONSTRUCTION CO, LAIRD CONSTRUCTION CO, LAIRD CONSTRUCTION CO, LAIRD CONSTRUCTION CO, ORANGE COUNTY STRIPING PROF SRVCS SIGNAL MARG/79(S) RET W/H SIGNAL MARG/79(S) APR PROF SRVCS-I-15/215 STUDY LSDC PLAN REVIEWS - PLANNING MAY PLAN CHECK SERVICES B&S PRGSS PMT #1-PAVEMENT MGMT PRJ CREDIT:PAVEMENT MGMT INV#564 CREDIT:RET-PAVEMENT MGMT RET W/H PMT#1 PAVEMENT MGMT STRIPING/STENCILING CITY STREE 210-165-645-5804 210-2035 210-165-633-5802 001-161-999-5250 001-162-999-5248 210-165-655-5804 210-165-655-5804 210-2035 210-2035 001-164-602-5410 11,255.60 1,125.56- 5,050.33 7,985.00 8,533.97 269,643.10 1,630.00- 163.00 26,964.31- 5,505.00 10,130.04 5,050.33 7,985.00 8,533.97 241,211.79 5,505.00 44142 44142 44142 44142 44142 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 002412 002412 002412 002412 002412 RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS APR LEGAL SERVICES GENERAL APR LEGAL SERVICES-GENERAL APR LEGAL SERVICES-GENERAL APR LEGAL SERVICES-GENERAL APR LEGAL SERVICES - GENERAL 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 1,300.67 3,175.59 99.99 321.83 11,401.15 16,299.23 44143 44143 44143 44143 44143 44143 44143 44143 44143 44143 44143 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 07/08/97 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SNERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO, SHERIFF~S RIVERSIDE CO. SHERIFF'S LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 LAW ENFORCE 03/13 - 04/09/97 MAY 97 BOOKING FEES 001-170-999-5288 001-170-999-5299 001-170-999-5298 001-170-999-5294 001-170-999-5291 001-1230 001-170-999-5281 001-170-999-5282 001-170-999-5289 001-170-999-5262 001-170-999-5273 212,065.25 36,477.61 17,862.40 9,199.35 4,098.08 4,098.08 23,416.13 2,784.00 5,009.60 15,086.01 7,507.20 337,603.71 44144 07/08/97 002181 RIVERSIDE CONSTRUCTION MAY PRGSS:WINCHESTER/I-15 PRJT 280-199-602-5804 214,384.00 44144 07/08/97 002181 RIVERSIDE CONSTRUCTION RETENTION W/H:WINCHESTER/I-15 280-2035 30,623.41- VOUCHRE2 06/26/97 12:27 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 44144 07/08/97 002181 RIVERSIDE CONSTRUCTION 44144 07/08/97 002181 RIVERSIDE CONSTRUCTION 44144 07/08/97 002181 RIVERSIDE CONSTRUCTION 44145 07/08/97 001035 TEMECULA ENVIRONMENTAL 44146 07/08/97 000420 TRANS-PACIFIC CONSULTAN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MAY PRGSS:CO WINCHESTER/I-15 CREDIT ON:MAY PRGSS:WINCH/I-15 CREDIT:MAY PRGSS:RETENTION W/H TRASH HAULING SERVS-TEM RESIDE NOV PROF SERVS:WEST BYPASS COR ACCOUNT NUMBER 280-199-602-5804 280-199-602-5804 280-2035 194-180-999-5315 210-165-612-5802 ITEM AMOUNT 91,850.06 30,300.00- 3,030.00 873,529.50 29,002.50 PAGE 2 CHECK AMOUNT 248,340.65 873f529.50 29,002.50 TOTAL CHECKS 1,846,128.36 ITEM 4 APPROVAL CITY ATTORNEY CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance July 8, 1997 City Treasurer's Report as of May 31, 1997 PREPARED BY: Tim McDermott, Assistant Fir~,~ce Director;;/~,~' Jesse Diaz, Accounting Techl,~ RECOMMENDATION: as of May 31, 1997. That the City Council receive and file the City Treasurer's Report DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of May 31, 1997. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of May 31, 1997 2, Schedule of Assets, Liabilities, and Fund Equity as of May 31, 1997 City of Temecula City Treasurer'a Report As of May 31, 1997 Cash ActNity for the Month of May: Cash and Investments as of May I, 1997 Cash Receipts Cash Disbursements Cash and Investments as of May 31, 1997 48,294,978 7,888,037 (5,244,163) 50,938,852 Cash and Investments Portfolio: Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Banef~ Demand Deposits Local Agency Investment Fund Retention Escrow Account Retention Escrow Account Checking Accounts (ShenvooWPuj~ Apartments) Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts-TCSD COPs (Money Market Account) Reserve Account-TCSD COPs (Guaranteed Investment Contract) Trust Accounta-RDA Bond~ (Money Market Account) Reserve Account-RDA Bonds (Guaranteed Investment Contract) Institution City Hall Union Bank Union Bank (Highmark U.S. Treasury) Union Bank State Treasurer Landmark/California State Bank First Pacific National Bank Home Savings of America ICMA PEBSCO PEBSCO First Trust (First Am. Treasury) Bayed~che Landeabank First Truat (Flint Am. Treasury) Bayedsche Landesbank Yield 4.520 % 5.634 % 5.100 % 5.250 % 5.360 % 6.870 % 5.360 % 7.400 % Maturity Date (2) Contractual/ Market Value (532,564) 113,000 2,798 37,705,853 208,419 173,276 4,305 371,709 581,629 62,711 17,552 502,690 10,277,054 1,448,920 Par/Book Balance (532,564) (1) 113,000 2,798 (1) 37,705,853 (3) 208,419 173,276 4,305 371,709 581,629 62,711 17,552 502,690 10,277,054 1,448,920 $ 50,938,852 (1)-This amount is net of outstanding checks. (2)-All investmenta are liquid and currently available. (3)-At May 31, 1997 total market value for the Local Agency Investment Fund (LAIF) was $29,998,191,232. The City's proportionate ~nare of that value is $37,894,749. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funda will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of May 31, 1997 Community Services Redevelopment City (1) District Agency Total Assets: Cash and investments $ 30,639,562 $ 3,295,087 $ 17,004,203 $ 50,938,852 Receivables 4,441,864 146,462 610,933 5,199,259 Due from other funds 946,310 37,113 983,423 Land held for resale 2,103,053 2,103,053 Prepaid assets 133,163 133,163 Deposits 544,589 4,931 568,468 1,117,988 Fixed assets-net 1,103,576 1,103,576 Total assets $ 37,809,064 $ 3,483,593 $ 20,286,657 $ 61,579,314 Liabilities and fund equity: Liabilities: Due to other funds $ 946,310 $ 37,113 $ $ 983,423 Other liabilities 3,747,559 154,618 886,148 4,788,325 Total liabilities 4,693,869 191,731 886,148 5,771,748 Fund equity: Contributed capital 1,281,781 1,281,781 Retained earnings 775,468 775,468 Fund balances: Reserved (2) 3,113,285 671,636 7,000,462 10,785,383 Designated (3) 19,469,839 2,622,074 12,400,047 34,491,960 Undesignated 8,474,822 (1,848) 8,472,974 Total fund equity 33,115,195 3,291,862 19,400,509 55,807,566 Total liabilities and fund equity $ 37,809,064 $ 3,483,593 $ 20,286,657 $ 61,579,314 (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, Iow/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. ITEM 5 APPROV~.I_ CITY ATTORNEY DIRECTOR OF FINA~,,,E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Tony Elmo, Chief Building Officia~'""~_~ July 8, 1997 Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with J. A. S. Pacific Consulting Services, Inc., to provide building inspection services to the Building and Safety Department. DISCUSSION: The Building and Safety Department has experienced an increase in the volume of inspection activity. In an effort to service this increased volume of inspection requests, part-time contract building inspection assistance has been used to supplement the department's core inspection staff. The use of contract inspection services on an as needed basis, gives the Building Official the ability to manage increases in inspection workload in a timely manner, as they occur. On November 15, 1996, the City Council approved an Agreement for Consultant Services with J. A. S. Pacific Consulting Services, Inc. This firm has provided the Building and Safety Department with qualified inspection assistance in a timely fashion during the past fiscal year and has offered to do so during the fiscal year of 1997-1998. FISCAL IMPACT: Adequate funds are currently available in Account No. 001-162- 999-5118, "Temporary Help", for this purpose. Expenditures from this account are offset by building permit revenue collection. No further appropriation of funds is necessary for this purpose. 61241g'1 cb 1 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREF_B/IENT, is made and effective as of July 1, 1997, between the City of Temecula, a municipal corporation ("City") and JAS Pacific Consulting Services, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. ~. This Agreement shall commence on July 1, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 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. PAYMENT. 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 thirty thousand dollars ($30,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided R:\BROCKMEI\AGMTS~JAS 1 .WPD 6125/97cb -1- 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 to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consulant 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 Consulant 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. DEFAUI,T OF CONSULTANT. a. The Consulant'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 Consulant with written notice of the default. The Consulant 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. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consulant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consulant shall provide free access to the representatives of R:\BROCKMEILa~GMTS~IASi.WPD 6/25/97 ¢b -2- City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer 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. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE RFQUIREMENTS. 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 emp16yees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employefts Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant' s profession. R:\BROCKMEIL~GMTS~JASI.WPD 6/25/97 cb -3- b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. 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, 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. R:\BROCKMEILt~GMTSUASI.WPD 6/25/97 cb -4- (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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. R:\BROCKMEIL~GMTSLIASI .WPD 6/25/97 cb -5- 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 fight 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 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: JAS, Pacific Consulting Services, Inc. 320 S. Milliken, Ste. C Ontario, CA 91761 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only JAS, Pacific Consulting Services, Inc. shall perform the services described in this Agreement. JAS, Pacific Consulting Services, Inc. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) R:\BROCKMEI~GMTSHASI.WPD 6/25197 eb -6- days' notice prior to the departure of Assistant from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE 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 WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Patricia H. Birdsall Mayor June S. Greek, CMC/AAE City Clerk R:\BROCKMEB. AGMTSLIASI.WPD 6/25/97 cb -7- Approved As to Form: Peter M. Thorson City Attorney CONSULTANT JAS PACIFIC, INC. By By: R:\BROCKMEI'tAGMTSLIASI.WPD 6/25/97 cb -8- EXHIBIT A TASKS TO BE PERFORMED 1. Perform combination building inspection on an as-needed basis. R:\BROCKMEI~AGMTSLIASI.WPD 6/25/97 cb -9- EXHIBIT B PAYMENT SCHEDULE For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $29.00 per hour, plus $.30 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charged for mileage. R:\BROCKMEIkAGMTSUASl.WPD 6/25197 cb -10- I'I'EM 6 TO: FROM: DATE: SUBJECT: APPROVAL ~A,~¢"~ CITY ATTORNEY l,yv~v FINANCE DIRECTOR ~ CITY MANAGER .~/ CITY OF TEMECULA AGENDA REPORT City Council/City Manager -~'oseph Kicak, Director of Public Works/City Engineer July 8, 1997 Approve the Purchase of a Computerized Traffic Collision Database- System Software PREPARED BY: ~ All Moghadam, Associate Engineer - Traffic/CIP RECOMMENDATION: That the City Council approve the purchase of a computerized traffic collision database system from Crossroads Software in the amount of $19,066.36. BACKGROUND: Currently, the City's traffic collision reporting and monitoring system consists of compilation of collision reports received from the Temecula Police Department. These reports are reviewed by staff, manually entered in a database and filed for future reference. The current database contains a very limited amount of information on the specifics of the accidents, and the updating process is very labor intensive and inadequate. The Crossroads Software is a powerful and flexible GIS based software that can be tailored to meet the City's specific needs. The traffic collision data can be electronically downloaded from the State Wide Integrated Traffic Records System (SWITRS) with a great degree of accuracy and efficiency. The SWlTRS program, which is a California Highway Patrol (CHP) service, involves accumulation of all accidents reported by the CHP, various Sheriff's Departments and local Police Departments throughout the State of California. This data is available on electronic media which can be easily downloaded onto Crossroads Software. The proposed software will provide the City with the ability to input, store, retrieve and calculate accident rate at any location within the City. This software will also identify the high accident locations and graphically illustrate accident type, severity, date, time and several other pertinent information. Additional benefits of this program include preparation of detailed traffic collision diagrams, traffic volume count management program and an easy and effective means of traffic accident surveillance which could be utilized to reduce certain type of accidents at a given location. Crossroads Software is the only company that develops this software program. r:\agdrpt\97\O708\crossrd. ag r/ajp FISCAL IMPACT: Adequate funds are available in the Public Works Traffic Division Account No. 001-164-602- 5610. Attachments: 1. Proposal from Crossroads Software r:\agd rpt\97\O708\crossrd.agr/ajp Crossroads Software Cost Proposal City of Temecula Collision Database System Project Software Cost Summary. Itemized Cost Crossroads Software Collision Database System (Windows system including and Counts Management Module) Street Layout Table Setup, input & verification of traffic collision data Crossroads Software Radar Speed Study Module Input of traffic counts data GIS Collision Mapping Module Training and Support - (Included with Database System) GIS System Training - (Included with GIS Module) Sales Tax (~7.75%) Subtotal $ 8,400.00 $ 3,100.00 $ 595.00 $ 700.00 $ 4,900.0O No Charge No Charge $17,695.00 $ 1,371.36 Software Total * $19,066.36 *Supplemental Information: The Windows Collision Database System with the Traffic Counts Management System includes delivery, installation and training. The GIS Collision Mapping Module works with the Collision Database System to display query results and requires the ArcView desktop GIS program. The City of Temecula will be providing the GIS map and a licensed version of ArcView in conjunction with this project. All prices also include eight hours of "hands-on" training, free upgrades for one year and unlimited phone support during Crossroads regular business hours. TO: FROM: DATE: SUBJECT: APPROVAl CITY ATTORNEY FINANCE DIRECT(~R_~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Acceptance of Public Street into the City Maintained-Street System (Offsite to Tract No. 21030-F) ( Westerly side of Winchester Road northerly of Nicolas Road) PREPARED BY: ~ Ronald J. Parks, Principal Engineer - Land Development Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 97-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFER OF EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES MADE TO THE COUNTY OF RIVERSIDE, AND BY SUCCESSION TO THE CITY OF TEMECULA, AND ACCEPTING THAT PORTION OF PUBLIC ROAD INTO THE CITY MAINTAINED-STREET SYSTEM. BACKGROUND: The Riverside County Board of Supervisors approved Tentative Tract No. 20130, Amd. //2, on July 16, 1985. As a condition of approval for this tentative tract map, an easement was to be obtained by the applicant from the abutting owner in order to provide access to Winchester Road (Highway 79N). The subdivider improved this access street, Rustic Glen Drive, both within the tract limits and that portion connecting to Winchester Road as part of the improvements for Tract No. 20130-F. Subsequent to the approval of the Conditions of Approval, Caltrans determined that one of their requirements had not been met respecting the need to widen the Winchester Road Bridge over the Santa Margarita Creek, and to ensure that proceedings for an assessment district for the construction of a six-lane bridge be successfully completed. This latter item was accomplished through formation of the Winchester Properties Assessment District No. 161. Caltran indicated that the proposed access was too close to the existing narrow bridge to allow the new intersection without the bridge widening. Therefore Caltrans determined that the connection of Winchester Road and Rustic Glen Drive shall be deferred until the necessary bridge improvements were completed. r:\agdrpt\g7\o708\rusticgl.acc Assessment District No. 161 has now completed the bridge widening and related pavement widening at both approaches to this bridge, and has completed the physical connection between Winchester Road and Rustic Glen Drive. The subdivider of Tract No. 20130-F, Kulberg Ltd., constructed this portion of extended Rustic Glen Drive as a portion of the tract improvements. The tract improvements were accepted by City Council on April 9, 1991, but the access connection to Winchester Road was not completed at that time in accordance with Caltrans conditions. The Riverside County Transportation Department, administrators for construction under Assessment District No. 161, requests that this reach of Rustic Glen Drive be accepted into the City Maintained-Street System. Acceptance of similarly constructed improvements has been requested by Riverside County and this has been accomplished by City Council resolutions for several projects completed under both Assessment Districts No. 159 and 161. FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachments: Resolution No. 97- , with Exhibits "A" and "B", inclusive.. r:\agdrpt\97\O708\rusticgl. acc RESOLUTION NO. 9% A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFER OF EASEMENT FOR PUBLIC ROAD AND DRAINAGE PURPOSES MADE TO THE COUNTY OF RIVERSIDE, AND BY SUCCESSION TO THE CITY OF TEMECULA, AND ACCEPTING THAT PORTION OF PUBLIC ROAD INTO THE CITY MAINTAINED-STREET SYSTEM. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WI-W~REAS, The County of Riverside accepted a grant of easement for public road and drainage purposes for vesting purposes only on May 27, 1986: and, WI-W~REAS, The City Council accepted the public improvements for the subject portion of public street on April 9, 1991: and, WHEREAS, Physical connection of this subject portion of public street to Winchester Road was not permitted at that acceptance of improvements due to Caltrans constraints: and, WHEREAS, The contractor for the Winchester Road Improvements has completed the necessary widening of the Winchester Road bridge over the Santa Gemdis Creek, and has completed the subject street connection to Winchester Road: and, WHEREAS, Riverside County Transportation Department, administrators of The Winchester Properties Assessment District No. 161, requests that the City of Temecula accept the subject street into the City Maintained-Street System. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System, the subject portion of public street described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOFrED, by the City Council of the City of Temecula at a regular meeting held on the 8th day of July, 1997. Patricia H. Birdsall, Mayor r:\agdrpt\97\O708\ruaticgl.acc ATTF_.~T: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of July, 1997, by the following vote: AYES: 0 C OUNCILMEMBERS: NOES: 0 C OUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: r:\agdrpt\97\O708\rusticgl.acc EXHIBIT "A" TO RESOLUTION NO. 97- Accepting Easement for public road and drainage purposes granted to and accepted for vesting purposes by the Riverside County Road Commi~ioner on behalf of Riverside County Board of Supervisors but not accepted into the County Maintained-Road System; now being accepted into the City Maintained-Street System, and described as follows: That portion of Block 181, as shown by Map of the Temecula Land and Water Company, on f'de in Book 8, at page 359 of Maps, Records of San Diego County, California, also being a portion of the Temecula Rancho, described as follows: Beginning at a point on the Northwesterly line of said Block 181, which bears S 48o15'02" W., a distance of 217.12 feet, along said Northwesterly line from the most Northerly corner of said Block 181; Thence Easterly on a non-tangent curve, concave to the South, having a radius of 563.00 feet, through a central angle of 14°02'48", an arc distance of 183.03 feet, the initial radial line of said curve bears N. 01017'20" E.; Thence S. 74° 39'52" E., a distance of 155.11 feet; Thence N. 59° 07'00" E., a distance of 33.24 feet; Thence N. 15° 20'08" E., a distance of 13.90 feet to the Northeasterly line of said Block 181; Thence S. 41°43'01" E., along said Northeasterly llne, a distance of 5.86 feet to the Northwesterly line of Winchester Road (Highway 79) as shown by Record of Survey, recorded in Book 58, at pages 75 through 83 of Records of Survey, Records of Riverside County, California. Thence Southerly along said Northwesterly line, on a non-tangent curve, concave Southeasterly, having a radius of 1462.69 feet, through a central angle of 04°50'46", an arc distance of 123.71 feet, the initial radial line of said curve bears N. 69°26'13" W.; Thence N. 28°26'44" W., a distance of 31.60 feet; Thence N. 74039'52" W., a distance of 155.71 feet; Thence Westerly, on a curve concave to the South, having a radius of 497.00 feet, through a central angle of 16016'37", an arc distance of 141.19 feet; Thence N. 89°03'31" W., a distance of 54.04 feet to the said Northwesterly line of Block 181; Thence N. 48°15'02" E., along said Northwesterly line, a distance of 100.34 feet to the POINT OF BEGINNING. (Recorded as Insrument No. 157222, June 4, 1987) r:\aodrpt\g7\o708\rusticgl.acc EXHIRIT "B" TO RESOLUTION NO. 97- SUBJECT ACCEPTANCE -PUBLIC STREET INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: VICItJITY ~ NOTE: MAPS NOT TO SCALE STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO CITY MAINTAINED-STREET SYSTEM I'I'EM 8 APPROVAL CITY ATTORNEY FINANCE DIRECTO~I CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager '~oseph Kicak, Director of Public Works/City Engineer July 8, 1997 Award of Construction Contract for Traffic Signal Interconnect, Phase II, Project No. PW95-16 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects All Moghadam, Associate Engineer - Capital Projects/Traffic RECOMMENDATION: That the City Council: Award a contract for Traffic Signal Interconnect, Phase II Project No. PW95-16 to Paul Gardner Corporation in the amount of $215,432.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $21,543.20 which is equal to 10% of the contract amount. 3. Advance funds from DIF prior to requesting reimbursement. BACKGROUND: On April 22, 1997, the City Council approved the construction plans and specifications and authorized the Department of Public Works to solicit public construction bids for the Traffic Signal Interconnect, Phase II, Project No. PW95-16. This project includes installation of interconnect cable, spread spectrum radios and antennas and replacement or modification to the existing traffic signal controllers and cabinets along the major roadways within the City (See attached map). Upon completion of this project all traffic signals along the major corridors within the City could be monitored and coordinated from the Traffic Operation Center in the City Hall. The engineer's estimate for this project was $250,000.00 R:~AGDRPT\97\0708~=W96-16.AWD/aip Four (4) bids were publicly opened on June 19, 1997, and the results for the bid are as follows: 1. Paul Gardner Corporation ......................... $ 215.432.00 2. DBX, Inc .................................... $ 215,874.00 3. MBE Electric .................................. $ 268,595.00 4. Computer Service Company ....................... $ 269,448.00 Staff has reviewed the bid documents for compliance with City requirements and have determined that Paul Gardner Corporation is the lowest responsible bidder for this project. Paul Gardner Corporation has satisfactorily completed several other projects for the City in the past including installation of traffic signals on Rancho California Road at 1-15 interchange and Winchester Road at Nicolas Road. The specifications allow sixty (60) working days for completiion of this project. Work is expected to be completed by November, 1997. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: Adequate funds are available in the Capital Improvement Budget Account No. 210-165-640- 5804. This project has been funded by the Congestion Mitigation and Air Quality (CMAQ) funds which are administered through Caltrans. Advancing of funds from DIF is required. ATTACHMENTS: Contract R:~AGDRPT\97 \0708~='W96-18 .AWD/~jp TEMEOULA RO~ I..ATH3~ LEGEND · EXmSTmNG TYPE: gO SIGNAL (CONVERT TO TYPE 170) O EXISTING TYP£ 170 SIGNAL (]) FUIUR[ TYP£ 170 SlO~L , EXISTING HARDWIR[ INTERCONNECT ---- INSTALL HARDWIRE INTERCONNECT ---- mST~ ~ROW~R[ m~[RCONNEC~ cc~ CX~ERX LOC~Y}O~ ooo INSTALL FIBER OPTIC CABLE IN EXISTING CONDUIT eee (;AISLE TV & FIB£R OPTIC INTERCONNECT .-~ INSTALL SPREAD SPECTRUM (19.2) · ,,~.~.:-FUTURE SPREAD SP[CTRU~ (19.2) ~} EXISTING MASTER (RELOCATE TO MARGARITA ED.] ~ MASTER CONTROLLER DmTRAN 245 DUAL ACCESS · ~' EXISTING PHONE DROP AT MASTER LOCATION RECOMMENDED INTERCONNECT LAYOUT FIGURE CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-16 TRAFFIC SIGNAL INTERCONNECT. PHASE II THIS CONTRACT, made and entered into the 8th day of July, 1997, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Paul Gardner Corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW95-16, TRAFFIC SIGNAL INTERCONNECT, PHASE II, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-16, Traffic Signal Interconnect, Phase II. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General, Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-16, TRAFFIC SIGNAL INTERCONNECT, PHASE II. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 r:\cip\projects\pw95-16\contract. PII/ajp The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-16 TRAFFIC SIGNAL INTERCONNECT. PHASE II All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: TWO HUNDRED FIFTEEN THOUSAND FOUR HUNDRED THIRTY TWO and NO CENTS ($215,432.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed SIXTY (60) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. CONTRACT CA-2 r:\cip\projects\pw95-16\contract, PII/ajp Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000- $75,000 $75,000- $500,000 OverS500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 o o 10. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. CONTRACT CA-3 r:\cip\projects\pw95-16\contract. PII/ajp Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 17. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. CONTRACT CA-4 r:\cip\projects\pw95-16\contract. PII/ajp 19. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 Mailing Address: P.O. Box 9033 Temecula, CA 92589-9033 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR PAUL GARDNER CORPORATION Paul Gardner, Jr. 901 S. Sultana Ave. Ontario, CA 91761 (909) 984-1714 By: Paul Gardner, Jr., President DATED: CITY OF TEMECULA By: Patricia H. Birdsall, Mayor CONTRACT CA-5 r:\cip\projects\pw95-16\contract. PII/ajp APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-1 r:\cip\projects\pw95-16\contract. PII/ajp i~I'EM 9 CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY FINANCE D I RECTOR ._~__~L--" CITY MANAGER ..~ TO: FROM: DATE: SUBJECT: City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Solicitation of Construction Bids and Approval of Plans and Specifications for the FY97-98 A.C. Street Repairs (Project No. PW97-11) PREPARED BY: ~ c[O 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. PW97-11, FY97-98 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. PW97-11 will be advertised for twenty-one (21) days, with the bid opening on July 31, 1997. 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 $50,000.00. r:\aodrpt\97\0708\pw97-11 ac.bid/ajp FISCAL IMPACT: Funds are available in the Public Works Department Street Maintenance Account 001-164-601 - 5402. Attachment: A.C. Street Repairs - Location and Scope of Work r:\agdrpt\97\O708\pw97-11 ac.bid/ajp CITY OF TEMECULA - PUBLIC WORKS A.C. REPAIR- PW97-11 LOCATION 27005 Raven Hill Court (2 X 2) (pot hole) 27072 Quail Slope Drive (5 X 7) Rainbow Creek Drive ~ Springtime Drive (10 X l) (at concrete cross gutter) 27057 Rock Buff Avenue 39159 Rising Hill Drive 27577 Senna Court (10 X 12) 41271 Via Aguila (from stop bar back 62') (62 X 29) 41260 Via Aguila (by manhole cover and alligatored area) (20 X 22) 41211 Via Aguila (existing patch) (24 X 14) Via Puerta ~ La Serena (at stop and stop bar) (12 X 23) Via Puerta ~ Camino Del Este (pot hole (~ cross gutter) (2 X 1) Via Puerta ~ Camino Del Este (sink hole) (8 X 7) 41111 Via Puerta (at curb and gutter) (3 X 2) 31067 Camino Verde (in front of fire hydrant) (25 X 14) 31166 Camino Verde (by cable box No. T758) (3 X 2) 31224 Camino Verde (existing patch) (39 X 3) 31246 Camino Verde (in front of under sidewalk drains)(57 X 2) 31173 Camino Del Este (at curb and gutter) (48 X 1) 31078 Camino Del Este (at curb and gutter)(42 X 2) 31078 Camino Del Este (pot hole) (1 X 1) 31027 Camino Del Este (at curb and gutter) (3 X 2) Poco Via ~ Camino Verde (pothole ~ cross gutter) (3 X 2) 41150 Camino Corto (21 X21) SCOPE OF WORK AC Overlay AC Overlay AC Overlay SQUARE FEET 4 35 10 AC Overlay 35 Raise manhole cover R & R AC 120 R & R AC 1,798 R & R AC 440 R & R AC 336 R & R AC 276 AC Overlay 2 AC Overlay 56 AC Overlay 6 R& RAC 350 AC Oveday 6 AC Overlay 117 AC Overlay 114 AC Overlay 48 AC Overlay 84 AC Overlay 1 AC Overlay 6 AC Overlay 6 R & R AC 441 TOTAL SQUARE FEET OF AC R&R 3,761 SF TOTAL SQUARE FEET OF OVERLAY 530 SF June 10,1997 Rz\CIIAPRO.1EC'I'S~W97~PW97-11'~..X)CATION.L~T I~l'k;M 10 CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR_~- CITY MANAGER TO: FROM: DATE: SUBJECT: City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Solicitation of Construction Bids and Approval of Plans and Specifications for the FY97-98 Citywide P.C.C. Concrete Repairs (Project No. PW97-12) PREPARED BY: 0)cid) 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. PW97-12, FY97-98 P.C.C. Concrete repairs. BACKGROUND: The Public Works Department has two procedures for effectuating street maintenance. 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 concrete repairs that don't require immediate attention over a period of six (6) months. This work includes concrete sidewalk repairs, removal and replacement of curb and gutter, removal and replacement of concrete cross gutters, removal and replacement of catch basin lids, and repair of under sidewalk drains. This list has been "grouped" together to form a cost effective project. Upon authorization and approval, Project No. PW97-12 will be advertised for twenty-one (21) days, with the bid opening on July 31, 1997. 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 $50,000.00. r:\agdrpt\97\0708\pw97-12PC.bid/ajp FISCAL IMPACT: Funds are available in the Public Works Department Routine Street Maintenance Account 001- 164-601-5402. Attachment: Citywide P.C.C. Repair Program - Locations and Scope of Work R:~AGDRPT\97\0708~N97-12P.BID aip CITY OF TEMECULA - PUBLIC WORKS CITYWIDE P.C.C. REPAIR PROGRAM FY97-98 LOCATION Via Halcon ~ La Serena N/E comer 41126 Camino Corto 41100 Camino Corto 41050 Camino Corto Camino Corto ~ Camino Del Este S/E comer Via Puerta south of Camino Verde eatside across from park Via Puerta ~ 41110 - 41118 end ofcul de sac Via Puerta ~ end of cul de sac from D/A to under sidewalk drain and past 6' 41111 Via Puerta end ofcul del sac 41135 - 41127 Via Puerta south of D/A 41663 Via Puerta 41163 Via Puerta in front of D/A and both sides of D/A 41163 Via Puerta N/S of D/A Via Puerta north end of sidewalk ~ park Via Puerta south end of park sidewalk in front of park Via Puerta first street light south of park Via Puerta north of Camino Del Este on west side of street Via Puerta across from Camino Del Este south of catch basin Via Puerta north ella Serena Avenue Via Puerta north of La Serena Avenue next to catch basin SCOPE OF WORK .' ' · .S.F. R & R handicap ramp and sidewalk 644 + root prune (46' X 14') R & R sidewalk (6' X 6') 36 R & R sidewalk (9' X 6') 54 + root prime R & R sidewalk (15' X 6') 90 R & R sidewalk (28' X 6') 168 + root prune R & R sidewalk (44' X 6') 264 + root prune R & R sidewalk (37' X 6') 222 + root prune R 8,: R sidewalk (91' X 6') 546 + root prune R & R curb and gutter R & R sidewalk (24' X 6') 144 + root prune R & R sidewalk (7'X 6') 42 R & R curb and gutter R & R sidewalk (11' X 6') 66 R & R sidewalk (6' X 7') 42 R & R sidewalk (75' X 6') 450 + root prune R & R sidewalk (100' X6') 600 + root prime R & R curb and gutter R & R sidewalk (72' X 6') 432 + root prune R & R sidewalk (30' X 6') 180 + root prune R & R sidewalk (35'X 6') 210 + root prune R & R sidewalk (7' X 6') 42 13 42 38 ~ 4.199'/ 1 I~21P~ROJEC~a~PW9'B~Wgg-12~OC. ATIOM.I~T CITY OF TEMECULA o PUBLIC WORKS CONCRETE REPAIR LOCATION Camino Del Este ~ Via Puerta S/E comer Camino Del Este across from 31004 - 31008 next to catch basin Camino Del Este in from of 31053 - 31047 Camino Del Este in front of 31071 - 31003 Camino Del Este in front of 31123 - 31113 Camino Del Este in front of 31203 Camino Del Este in front of 31235 Camino Del Este noah of Camino Corto Camino Del Este across from Camino Corto Camino Del Este across from Camino Corto Camino Del Este in from of 31058 Camino Del Este in front of 31026 from D/A to catch basra Camino Del Este in fi-ont of catch basin at 31016 Concrete in front of catch basin ~ 31016 Camino Del Este in front of 31017 - 31027 in front of D/A Camino Del Este ~ Via Puerta, N/E comer Camino Del Este ~ Via Puerta N/E comer Camino Del Este ~ Via Puerta cross gutter Comer of Camino Verde ~ Via Puerta south comer Camino Verde between 31007 - 31071 · SCOPE OF WORK R & R spandral R & R sidewalk · $.F. LF. (14' x 17') 238 (4'X 6') 24 R & R sidewalk + root prune R & R sidewalk + root prune R & R sidewalk + root prune R & R sidewalk + root prune R & R sidewalk + root prune R & R sidewalk + mot prune R & K sidewalk + root prune R & R sidewalk + root prtme R & R sidewalk + root prune (14'X 6')84 (20'X 6')120 (48'X 6')288 (38'X 6')228 (43'X 6')258 (48'X 6')288 (30'X 6')180 (17'X 6')102 (15'X 6')~0 (94'X 6') 564 R & R curb and gutter R & R concrete in front of C/B R & R curb and gutter (s'x 2')16 20 R & R sidewalk + root prune R & R curb and gutter R & R cross gutter R & R sidewalk (39'X 6') 234 (33'X 6') 198 (16'X 6') 96 10 R & R sidewalk (33'X 6') 198 ~. ~, i~? 2 R~'~"IP~W9'?Rn'Wg?-12~OCA'I'ION.L$T CITY OF TEMECULA - PUBLIC WORKS .. LOCATION Camino Verde in front of 31107 Camino Verde in front of 31131 Camino Verde in front of 31131 Camino Verde between 31161 - 31171 Camino Verde in front of 31201 Camino Verde in front of 31221 Camino Verde in front of 31216 Camino Verde in front of 31104 Poco Via ~ Camino Verde N/E comer Poco Via at 41110 end ofcul de sac Poco Via end of cul de sac Poco Via in front of41111 Poco Via ~ Camino Verde N/W comer Santiago ~ "C" Street N/E comer Villa Alturas and Pauba Road Kiowa River Court at Willow Run La Serena Road 500' south of Camino Corto Santiago Road 275' west of"C" Street TOTALS CONCRETE REPAIR SCOPE OF WORK i..'.:. ':" $;F~ L.F. R & R sidewalk (20' X 6') 120 + root prune R & R sidewalk (15' X 6') 90 + root prune R & R curb and gutter 15 R & R sidewalk (70' X 6') 420 + root prune R & R sidewalk (13' X 6') 78 + root prune R & R sidewalk (43' X 6') 258 + root prune R & r sidewalk (20' X 6') 120 + root prime R & R sidewalk (19' X 6') 114 + root prone R & R sidewalk (17' X 6') 102 + root prune R & R sidewalk (50' X 6') 300 + root prune R & R sidewalk (10' X 6') 60 + root prune R & R sidewalk (11' X 6') 66 + root prune R & R sidewalk (23' X 6') 138 + root prune R & R sidewalk (20' X 6') 120 R & R curb and gutter 70 R & R Sidewalk (9' X 6') 54 R & R Sidewalk (14' X 6') 84 R & R sidewalk (45' X 6') 270 9832 215 ~ 4, l~97 3 R:~II~ROfF.~-'i~Wg'/~97-12~LOCATION.r~'r ITEM 11 CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: City Council/City Manager Shawn D. Nelson, Director of Community Services July 8, 1997 Completion and Acceptance of the City Maintenance Facility - Project No. PW95-29 PREPARED BY: ~Don Spagnolo, Principal Engineer - Capital Projects ~)~Steven Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the City Council accept the Construction of the City Maintenance Facility - Project No. PW95-29, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and 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 July 23, 1996 the City Council awarded a contract for the construction of the City Maintenance Facility Project No. PW95-29 to Skyline Technical Construction Services, Inc. dba Skytec in the amount of 8820,000.00. The contract included the construction of a two-story maintenance building with offices, crew room, workshop area and storage rooms. Improvements also included a parking lot, material storage bays, fencing, and site landscaping. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Community Services. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of completion has been recorded. FISCAL IMPACT: The contract amount for this project was 8820,000.00. Contract Change Orders No. 1 through No. 6 were approved by the City Manager in the amount of $65,339.59. The Maintenance Facility was funded by Developer Impact Fees for Public Facilities. r:\agdrpt\97\0708\pw95-29.acc Attachment: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r:\agd rpt\97\O708\pw95-29. acc I~ECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 43200 Business Park Drive P.O. Box 9033 Terneculs, CA 92589-9033 SPACE ABOVE THIS LINE FOR RECORDER'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 43200 Business Park Drive, Temecula, California 92589-9033. 3. A Contract was awarded by the City of Temecula to: Skyline Technical construction Services, Inc. dba Skytec to perform the following work of improvement: PW95-29CSD, City Maintenance Facility 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Community Services 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 8, 1997. That upon said contract the Ranger Insurance Company was surety for the bond given by 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: Assessor's Parcels No. 921~020-066 6. The street address of said property is: 43210 Business Park Drive Dated at Temecula, California, this day of ,1997. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) JUNE S. GREEK, City Clerk I, 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 · 1997. JUNE S. GREEK· City Clerk r:\cip\projects\pw95\pw95-29\noc CITY OF TEMECULA, PU,~LIC' WORKS DEPARTMEN'r CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. ?W95-29 CITY MAINTENANCE I:'A CILITY Skyline Technical Construction This is to certify that Services, dba Skytec , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/it 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. PW95-29, CITY MAINTENANCE FACILITY, situated in the City of Temecula, State of California, more particularly described as follows: CITY MAINTENANCE FACILITY 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 ,mounts owed to Skytec, Suncontractors & Vendors: l) Retention $88. 533.96 ~,ounts owed solely to Skytec: 1) Extended overhead caused by contrmrt nhmng~.~ $122,999.04 2) Change Order for sandblasting concrete monument sign $345.00 3) Change Order for hand, rap ~te entrance sign $?95.00 4) Maintenance Bond fees $1,770.68 Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and 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. 5) Interest, Legal Fees and all related costs for To be determined recovery of all above items Dated: June 23. 1997 Ry: CONTRACTOR Eric M. Thies, President & CEO Print Name and Title RELEASE R-1 r:\cip\proj¢cts\p w$5-29\bidspec$ rh BOND NO. RIC 0223138 CITY OF TEMECULA. PUEtL1C WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW95.29. ' CITY MAINTENANCE'FA ClI'iT'Y KNOW ALL MEN BY THESE PRESENTS THAT: SKYLINE TECHNICAL CONSTRUCTION SERVICES, INC., DBA: SKYTEC', 5230 CARROLL CANYON ROAD, SUITE 200, SAN DIEGO, CALIFORNIA NAME AND ADDRESS OF CQNTR,~CTOR 92121 CALIFORNIA CORPORATION hereinafter called Principal, and (fill in whether · Corporation, Pa~tnershii~ or individual) RANGER INSURANCE COMPANY .. THREE RIVERWAY, SUITE 960, HOUSTON, TX 77056 NAME ~ND ADDRESS OF hereinafter c~11ed SURETY. are held and firmly bound unto CiTY OF TEMECUI~A, . hereinafter called OWNER, in the penal sum of EIGHTY TWO THOUSABID DOI. LARS and NO CENTS US 82,000.00 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the paymen~ of which, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, ~he Principal entered into a certain Contract with the OWNER, dated the 23RD day of JULY , 1996. , a copy of which is hereto attached and made a part hereof for the construction of PROJECT NO. PW95-Ag. CITY MAINTENANCE FACILITY. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for/.he period of ~m~ year after approval of the final estimate on said job. by the OWNER, against all defects in workmanship ~nd materials which may become apparent during said period: and WHEREAS, the said Contract has been completed, and w. as approved on · July 8, . 19 97 .. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disc:lose poor workmanship in the execution of said work, and the carrying out of the terms of said Com/.ract, orit shall appear that defective materials were furnished thereunder, then this obiigation shal[ remain in full force and virtue, otherwise this instrument shall be void. Signed and sealed this 24th day of BART B. STEWART (Name) ATTORNEY-IN-FACT (Title} APPROVE;:) AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAI~... SERVICES, 4~~ J (Name) SKYLINE TECHNICAL CONSTRUCTION INC., DBA: SKYTEC (Title) By: (Name) ' ' (Title) -: r :~c;;~,~ r oiectsko w9 S- ?,~bidsl=e ~w rh STATE OF CALIFORNIA COL~ OF SAN DIEGO On JUNE 24, 1997 PERSONALLY APPEARED , before me, BART B. CHRISTINE STEWART A. PATERSON, NOTARY PUBLIC WITNESS my hand and official seal. COMM. # 1 10076,3 NOT^R¥ POBUC · CAUFORN~^ SAN DIEGO COUN~ ~~y C0m~,,~,:~. Expires June 13. Th~s area ~'or Official .Nlotartal Seal Though the data below is not reclu~red by law. i! may prove vatuabie to persons relytng on the 0ocument and could prevent fraudulent rear~achment of thin 1om'L CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: DESCRIPTION OF ATrACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE RANGER INS CO ALL-PURPOSE ACKNOWLEDGEMENT Ranger Insurance Company Houston, Texas RIC 0223138 GENERAL POWER OF ATTORNEY CONTRACTAMT: $820,000.00 BONDAMT: $82,000.00 BOND No.: RIC 0223138 Know all men by these Presents, that RANGER INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Jerold D. Hall, Bart B. Stewart its true and lawful Attorney-In-Fact, for it and in its name, place and slead to execute on behalf of the said Company, as surety, bonds, undertakings, contracts of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking or contract ot suretyship executed under their authority shall exceed in the amount the sum ol Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopied by the Board of Directors of RANGER INSURANCE COMPANY on the 19th day of December, 1995. Resolved: That V. Prem Waist, Chairman of the Board and Chief Execubve Officer, Peter M. Wallher, President and Chief Operating Officer1 and Senior Vice Presidenls Ronal(J H. Bay, Michael P. Fay, John L. Kenny, Arthur C. Ple~z, Philip J. Outdo, or any of them, shall have the power to appoint Altorneys-ln-Fact as the business ot the Company may require or Io authorize any persons to execute on behall of the Company any bonds. undertakings, recognizances, slipulations, policies, contracts, agreements, deeds and release and assignment ot iudgmenls, decrees, mortgages and instruments in the nature of roodgages and also all other inslruments and documents which the business of the Company may require and to affix the seal of the Company lhereto Resolved Further: That the Company seal and the signature ol any of lhe aloresa~d officers may be affixed by facsimile 1o any power of afforney cerlificate of either g~ven for the execulion of any bond, undertaking. contract or suretyship, or other whiten obligation in the nature thereof, such s~gnature and seal when so used being hereby adopted by the Company as the ordinal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same rome and effect as though manually affixed. In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 19th day of December, 1995. Attest: Secretary The State of Texas RANGER INSURANCE COMPANY By: Senior Vice President County of Harris On this 3rd day of January, 1996 before me personally came Barbara Blasingame and John Kenny, to me known, who being by me duly sworn, did depose and say that they are lhe Secretary and Senior Vice President of RANGER INSURANCE COMPANY, !he Company described in and which executed the above instrument; that they know the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporalion and that they signed their names thereto by like order. Certificate I, the undersigned, the Senior Vice President of RANGER INSURANCE COMPANY, a Delaware corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Direclors, set forth in the said Power of Attorney, is now in force. Signed and sealed in the City of Houston, in the State of Texas. Dated the 24th day of 3ULqE ,1997 (RIC-GPOA 011096) (Affix Seal Here) APPROVAl CITY ATTORNEY FINANCE DIRECTOR~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Professional Services Agreement with Daniel, Mann, Johnson, & Mendenhall for the Winchester Road & Ynez Road Street Widening and Traffic Signals, Project No. PW97-06 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Approve the Professional Services Agreement between the City of Temecula and Daniel, Mann, Johnson, & Mendenhall (DMJM) for the design of Winchester Road & Ynez Road Street Widening Project PW97-06 for $181,470.00 and authorize the Mayor to execute the contract; Authorize the City Manager to approve change orders not to exceed the contingency amount of $18,147.00 which is equal to 10% of the contract amount. BACKGROUND: A request for proposal (RFP No. 57) was prepared for Professional Services for the design to widen the south side of Winchester Road from Ynez Road to Margarita Road and the east side of Ynez Road from Winchester Road to Overland Drive. This project is a City requirement of the development agreement with Forest City Development California, Inc. for the proposed Mall Project at the southeast corner of Winchester Road and Ynez Road. Daniel, Mann, Johnson, & Mendenhall (DMJM) was the most qualified firm, among those responding to the RFP, to provide these professional services. This project consists of widening existing portions of the south side of Winchester Road (State Route Hwy. 79(N)) and portions of the east side of Ynez Road (see Exhibit UB"), which includes preparation of right-of-way documents, roadway, sidewalk, landscaping, irrigation, street lights, bike lanes, signing, striping, drive approaches, median island improvements, traffic signals, and traffic signal modifications. r:\agdrpt\97\O708\rfp057. agr FISCAL IMPACT: The total cost for professional design services for the Winchester Road and Ynez Road Street Widening and Traffic Signals Project PW97-06, is 8181,470.00, and the contingency of 818,147.00 will be funded by Development Impact Fees - Street Improvements which will be collected during the current fiscal year. Adequate funds are available in the Capital Improvement Program budget for the Fiscal Year 1997-98. Attachment: Professional Services Agreement - Daniel, Mann, Johnson, & Mendenhall r:\agdrpt\97\O708\rfpO57.ag r CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES WINCHESTER ROAD & YNEZ ROAD STREET WIDENING PROJECT PW97-06 RFP # 057 THIS AGREEMENT, is made and effective as of July 8, 1997, between the City of Temecula, a municipal corporation ("City") and DANIEL, MANN, JOHNSON, & MENDENHALL ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 8, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 8, 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. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual lime spent on the above tasks. This amount shall not exceed One Hundred Eighty One Thousand Four Hundred Seventy Dollars ($181,470.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment 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 to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. - 1 - r: \rfp\057'~lmjm.agr se.~a 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least 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. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall mainlain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. r: \rfp\057\dmjm.agr aeh c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Intorance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. Do Minimum l.imits of Insurance. Consultant shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. -3- r:\rfp\057\dmjm.agr seh d. Other ln.mrance Provisiom. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as 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, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. r: \rfp\O57\dmjm.agr neh b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAl. RESPONSIBII.ITIES. 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, shah 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. Consullant, 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 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Consultant: Daniel, Mann, Johnson, & Mendenhall 275 West Hospitality Lane, Suite 314 San Bernardino, California 92408 Attention: Bedros Agopovich Phone:(909) 386-6700 -5- r:\rfp\057\dmjra.agr seh 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Roger Cunliffe-Owen, shall perform the services described in this Agreement. Roger Cunliffe-Owen may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Roger Cunliffe-Owen from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant' s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultam 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 geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Agreement, the prevailing party as determined by the court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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. 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 WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Patricia H. Birdsall, Mayor June S. Greek, City Clerk -6- r:\rfp\O57\dmjm.agr seh Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Daniel, Mann, Johnson, & Mendenhall ,° ~' 275 West Hospitality Lane, Suite 314 San Bernardino, California 92408 Phone: (909) 386-6700 By: -7- r: ~ff~p\057klmjm. ag r seh EXHIBIT A TASKS TO BE PERFORMED r:\rfp\O57\dmjm. agr seh Exhibit "A" RFP NO. 057 The following Scope of Services is based upon the Scope of Services listed in Request for Proposal (RFP) No. 057, "Winchester Road and Ynez Road Street Widening Project - Project No. PW97-06" and the assumptions listed below. Additional work may be provided in accordance with the provisions of the Contract. ASSUMPTIONS: Field Control: Centerline control for Winchester Road and Ynez Road exists and will be made available to DMJM. Property boundaries are of record and the survey data will be made available to DMJM. Aerial topography for the entire project area is available. If it is not available, it may be provided by DMJM for the cost indicated herein. In any case there will not be three separate contracts to provide aerial mapping. Existing Drawings: The Site Plan for the proposed Regional Mall has been approved and the location of all entrances and other improvements that affect the project have been established and will not be altered from the approved plan during the course of this work. A copy of the original mylars for Ynez Road will be provided by the City. The consultant will locate and obtain copies of the original mylars for Winchester Road. Utility drawings will be located and obtained by the Consultant. Studies: The City will provide a copy of all traffic studies and traffic counts performed for the proposed Regional Mall. Any additional data that is deemed necessary to prepare appropriate time delay studies may be provided by the Consultant at extra cost. Such additional data will be identified and approved by the City prior to performing that work. SCOPE OF SERVICES: 1.0 Research, Verification and Field Surveys 1.1 Identify and obtain copies of all relevant record and "as-built" construction drawings, including street improvement plans, signal and lighting plans, landscaping plans, utility improvement plans, and Record Drawings. 1.2 Establish horizontal and vertical control for the existing physical improvements. Obtain and verify existing field data. Locate or establish all property lines and Rights of Way that effect the project. File a Record of Survey if conflicts are discovered between record and actual field measurements. 1.3 Obtain cross-sections of existing improvements at an appropriate interval not less than 25 feet, extending no more than 25 feet beyond the right of way. Provide cross sections for a distance of 300 feet beyond the proposed new construction. 1.4 Locate by field survey all existing cultural features within the project limits. 1.5 Install one (1) field control monument for use by all consultants and contractors during construction. 1.6 If required by City, provide aerial mapping of project limits at a contour accuracy of one (1) Page No. I 2.0 3.0 4.0 FOOT. Utility Notices and Investigations 2.1 Prepare Utility Notices to alert the following utility companies of proposed work to be performed within the project limits. General Telephone Southern California Gas Company T.C.I. Cablevision Rancho California Water District Eastern Municipal Water District Southern California Edison Company Metropolitan Water District 2.2 Research each utility company's records regarding the existence and location of facilities for the following identified utilities: 2.3 Where reasonable locate by means of field excavation, any underground facilities that cannot otherwise be located by record, or whose exact locations are unknown. While reasonable care is used to determine the location of utilities, this item of work is dependant upon discovery and does not imply any liability on the part of the Consultant to know of their existence prior to discovery. 2.4 Submit improvement plans to appropriate utility companies at 30, 60, and 90 percent completion for their review and use. Utility companies to mark progress prints with their existing and proposed facilities and return them to Consultant. 2.5 Coordinate improvement drawings with proposed utility improvements. In particular with the under grounding of electrical facilities along Winchester Road. Right of Way Research 3.1 Obtain necessary Record Documents and title information for the subject properties. Review documents to determine if potential conflicts exist regarding liens, easements, or other entitlements. 3.2 Prepare Right of Way plans and property descriptions for all necessary acquisitions and easements to complete the project. 3.3 Prepare Right of Way Certification for Winchester Avenue and submit to Caltrans for review and approval. 3.4 Where necessary, obtain any required permission to grade letters from adjacent property owners. Geotechnical Investigations 4.1 Review previous reports or literature pertaining to the engineering parameters of the on-site soil. 4.2 Perform field reconnaissance and mapping to identify and record existing site conditions. 4.3 Perform excavation, logging, soil sampling, and backfilling of 10 to 15 exploratory trenches to a maximum depth of approximately 10 feet below the ground surface. 4.4 Perform laboratory testing of representative soil samples to determine in-situ density and moisture content1 r-value, expansion index, maximum dry density, grain size distribution, and sand equivalent. 4.5 Perform pavement coring and testing to determine oil content, stability, and density. 4.6 Perform engineering analysis to determine appropriate traffic index, structural section, and areas of unsuitable soil. 4.7 Prepare Geotechnical Report presenting our findings, conclusions, and geotechnical recommendations for site design and construction. Page No. 2 5.0 6.0 7.0 8.0 9.0 Environmental Clearances 5.1 Obtain necessary clearances and permits from appropriate environmental agencies including, but not limited to: California Water Quality Control Board (NPDES Permitting) U.S. Department of Fish and Game Army Corps of Engineers City of Temecula Planning Department reviewing Plan Development Coordination 6.1 Submit plans and specifications for Winchester Road to Caltrans District 8 Development Review Board Branch for review and approval. 6.2 Coordinate comments with the City of Temecula and the Riverside County Flood Control District. 6.3 Review and coordinate plans with other engineers, architects, and developers regarding on- site and off-site improvements being designed by others. Hydrology and Hydraulics 7.1 Perform hydraulic and hydrologic calculations necessary to determine the flood control requirements for the proposed improvements. Such determinations to include the inlet and roadway capacities of the existing facilities as well as required data for any modifications to those facilities. Coordinated Signal Timing Plan 8.1 Based upon traffic data provided by the City, prepare Coordinated Timing Plan for existing and proposed signals. If deemed necessary, and approved by the City, obtain at extra cost, additional traffic counts to determine current peak hour vehicle movements. Plans, Specifications, and Estimates (PS&E) 9.1 Improvement Plans: Prepare construction drawings at an appropriate scale for the improvement of Winchester and Ynez Roads in conformance with City of Temecula Standards and Specifications. Plans to include the following: 9.1.1 Plan and profile drawings for all curb and gutter improvements including entrances, curb widening for right turn lanes, and bus turnouts. 9.1.2 Traffic signal plans for the installation of two new signals and the modification of four existing signals, including conduit layout. 9.1.3 Street lighting plans detailing the location of street lights, points of connection and conduit layout. 9.1.4 Conceptual landscaping plans for the parkway areas located adjacent to the right of way and modifications to existing landscaping required by the modification of the left turn lane at entrance at Ynez Road and Street "B". Landscaping to be coordinated with the overall landscaping scheme for the Regional Mall. 9.1,5 Landscape irrigation plans for all parkway areas along Winchester Road and Ynez road and the modification to the median islands. 9.1.6 Storm drain plans for the modification of existing curb inlets and laterals, It is assumed that no new facilities are required and that the improvements do not alter the existing flow characteristics. 9.1.7 Striping and signage plans necessary to delineate the proposed turning movements and the addition of a class 2 bike lane. Bike lane will be painted and placed parallel with the curb. In areas where the right turn lanes are to be installed the bike lane will be placed between the right turn lane and the right most travel lane. Page No. 3 10.0 11.0 12.0 9.2 9.3 Project Specifications 9.2.1 Prepare Specifications package for the identified improvements. Because Winchester Road is a state highway, the specifications will be provided in Caltrans Standard Specification format, including General Provisions, Supplemental Special Provisions, and Technical Specifications. Ynez Road specifications will be based upon City of Temecula Standard Specifications, the "Green Book", and any necessary supplemental specifications. 9.2.2 Specifications will be provided to City of Temecula on a 3 1/2" computer disk in Wordperfect 6.1 format. Estimates 9.3.1 Prepare an Engineer's Estimate of Probable Cost for the specified improvements based upon the 90% submittal drawings. Bid Services 10.1 Prepare a complete set of bid documents including Instructions to Bidders, Bid Schedule, and miscellaneous bid forms. Boilerplate for the standard bid sections to be suppled by City. 10.2 Attend Pre-Bid Conference and respond to bidder's questions by addenda. Administration, Project Coordination and Miscellaneous Services 11.1 Project administration, coordination and meetings. 11.2 Electronic files for the design drawings will be supplied in either Intergraph or AutoCAD as preferred. 11.3 One (1) set of wet signed mylars of all improvement drawings will be submitted upon approval. Outside Direct Charges (Reimbursables) 12.1 Long distance telephone charges at cost 12.2 Mileage expenses at 31.5 cents per mile 12.3 Printing, copying and other reproduction expenses at cost Page No. 4 EXHIBIT PAYMENT SCHV, DUI r:\rfp\057\dmjm.agr a¢h Exhibit "B" RFP NO. 057 ASSUMPTIONS: The following Payment Schedule is based upon the Scope of Services listed in Exhibit "A" and the assumptions listed below. The Rate Schedule for the range of personnel expected to work on this project is attached to and made a part of this exhibit. Personnel working on this project will be invoiced at their respective Billing Rates indicated on the attached Rate Schedule. The billing rates indicated are based upon the individual pay rate times an appropriate mark up for overhead and profit. The following Payment Schedule is to be considered as an estimate of the maximum cost for the individual tasks indicated. The actual cost may vary between tasks however the total "Not to Exceed" figure is to be considered as fixed unless additional work is authorized. Payment for authorized additional work will be provided in accordance with the provisions of the Contract. Payment Schedule: 1.0 Research, Verification and Field Surveys Research Record Drawings Field Surveys Field Control Monument Aerial Mapping 2.0 3.0 4.0 5.0 6.0 7.0 8.0 $1,640.00 $7,885.00 $700.00 $2,500.00 Utility Notices and Investigations Office Field $2,450.00 $925.00 Right of Way Engineering Research and Review Existing Documents Caltrans Right of Way Certification Prepare Property Descriptions Prepare and Process Grading Letters $1925.00 $3600.00 $4800.OO $800.00 Geotechnical Investigations Review Previous Reports Field Reconnaissance and Mapping Excavation, Logging, Soil sampling, and Backfilling Laboratory Testing Pavement Coring and Testing Engineering Analysis Geotechnical Report $575.00 $880.00 $2,100.00 $4,125.00 $1,075.00 $1,850.00 $3,25O.OO Environmental Clearances $2,650.00 Plan Development Coordination $6,860.00 Hydrology and Hydraulics $4,500.00 Coordinated Signal Timing Plan $4,000.00 Page No. 1 9.0 10.0 11.0 13.0 Plans, Specifications, and Estimates (PS&E) Improvement Plans: Plan and profile drawings Traffic signal plans Street lighting plans Conceptual landscaping plans Landscaping/Irrigation Construction Documents Storm drain plans Striping and signage plans Project Specifications Estimates Bid Services Administration, ProJect Coord. and Misc. Services Outside Direct Charges (Reimbursables) Telephone Travel Reproduction/Printing Not to Exceed Fee Amount $28 720.00 $26 502.00 $3 230.00 $4 860.00 $17 460.00 $5.485.00 $6.085.00 $5 888.00 $1 750.00 $3,000.00 $17,400.00 $150.00 $250.00 $1,600.00 $181,470.00 Page No. 2 RATE SCHEDULE: The following are the Rate Schedules for DMJM and project team members for the indicated position classifications. For DMJM; DMJM invoices for the actual time spent on the project by each employee. The billing rate for each employee vades as to their respective pay rate and is based upon the total Direct Payroll Expense (DPE), overhead rate and profit. The Range of Rates shown below are based upon that formula and represent the anticipated position classifications for the employees expected to work on this project. The range of rates for the DMJM Team personnel assigned to this project are: Project Manager Senior Civil Engineer (PE) Civil Engineer (PE) Hydraulics/Hydrology Engineer Traffic Engineer Staff Engineer Cadd Technician Admin/Clerical $105 to 115/hr. $98 to $107/hr. $85 to $100/hr $75 to $88/hr, $80 to $85thr. $65 to $80/hr. $48 to $58thr. $35 to $45/hr. The following Rate Schedules are excerpted from data supplied by the indicated firms. For Engineering Ventures, Inc.; Principal Engineer Director of Surveys (PLS) Professional Engineer (RCE) Design Engineer Draftsman Admin/Cledcal $105/hr. $ 75/hr. $ 90/hr. $ 70/hr. $ 55/hr. $ 40/hr. Two Person Survey Crew Three Person Survey Crew $105/hr. $130/hr. For Urban Logic Consultants; Geotechnical, Material Testing and Inspection Services: Principal Engineer Engineering Geologist Senior Engineer Staff Engineer Soil Technician (Field/Laboratory) Draftsperson Clerical $100/hr. $ 80/hr. $ 80/hr, $ 55/hr. $ 42/hr. $ 40/hr. $ 35/hr. Special Equipment: On-Site Vehicle Charges Portable Refraction Seismograph Road Rater (Pavement Deflection Testing) Other Geophysical Equipment $ 4/hr. $ 40/hr. - $ 200/day By Arrangement By Arrangement Page No. 3 Laboratory Unit Prices: Soil Moisture Content Sieve Analysis (+4 or -4) Sand Equivalent #200 Wash Plasticity Index Moisture / Density (Ring) Maximum Density/Optimum Moisture Direct Shear Consolidation (VV/O Time Rate) With Time Rate, Add: (Per Increment) Expansion Index R-value Sulfate Oil Content and Stability Pavement Density For The Alhambra Group; Principal Landscape Architect Project Designer Senior Drafter Drafter Admin/Clerical $ 10 Unit Price $ 45 Unit Price $ 40 Unit Price $ 25 Unit Pdce $ 75 Unit Price $ 15 Unit Price $ 90 Unit Pdce $140 Unit Price $100 Unit Price $ 25 Per Incrmt $ 70 Unit Price $180 Unit Price $ 35 Unit Price $180 Unit Price $ 30 Unit Price $ 95/hr. $ 60/hr. $ 50/hr. $ 40/hr. $ 40/hr. Page No. 4 ITEM 13 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager APPROVAL CITY ATTORNEY FINANCE DIRECTOR~:2 CITY MANAGER Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Professional Services Agreement with Trans-Pacific Consultants for the Overland Drive Street Improvements & Margarita Road Street Widening Project No. PW97-07 PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Approve the Professional Services Agreement between the City of Temecula and Trans- Pacific Consultants for the design of Overland Drive Street Improvements & Margarita Road Street Widening Project PW97-07 for $214,407.00 and authorize the Mayor to execute the contract; Authorize the City Manager to approve change orders not to exceed the contingency amount of $21,440.00 which is equal to 10% of the contract amount. BACKGROUND: A request for proposal (RFP No. 58) was prepared for Professional Services for the design of the ultimate street improvements on Margarita Road from Winchester Road to just north of Overland Drive and Overland Drive from Margarita Road to Ynez Road. This project is a City requirement of the development agreement with Forest City Development California, Inc. for the proposed Mall Project at the southeast corner of Winchester Road and Ynez Road. Trans- Pacific Consultants (TPC) was the most qualified firm, among those responding to the RFP, to provide these professional services. This project consists of widening both sides of Margarita Road from Winchester Road to just north of Overland Drive, new street improvements of Overland Drive from Margarita Road to Ynez Road, and a storm drain system for Long Canyon Wash from Ynez Road to approximately 1,000 feet east of Margarita Road. The major items of design work will include right-of-way documents, grading, storm drain facilities, sidewalk, landscaping, irrigation, street lights, bike lanes, signing, striping, drive approaches, median island improvements, traffic signals, and traffic signal modifications. r:\agd rpt\97\O708\rfp058. ag r FISCAL IMPACT: The total cost for professional design services for the Winchester Road and Ynez Road Street Widening Project PW97-07 is $214,407.00 and a contingency of $21,440.00, and will be funded by Development Impact Fees for street improvements which will be collected during the current fiscal year. Adequate funds are available in the FY97-98 Capital Improvement Program budget. Attachment: Professional Services Agreement - Trans-Pacific Consultant r:\agd rpt\97\O708\rfpO58.ag r CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES OVERLAND DRIVE STREET IMPROVEMENTS & MARGARITA ROAD STREET WIDENING PROJECT PW97-07 RFP//058 THIS AGREEMENT, is made and effective as of July 8, 1997, between the City of Temecula, a municipal corporation (" City") and TRANS-PACIFIC CONSULTANTS (" Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 8, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 8, 1999, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant 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 Two Hundred Fourteen Thousand Four Hundred Seven Dollars ($214,407.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment 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 to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. - 1- r: \rfp\O58\tpc. agr seh 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least 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 CONSUI,TANT. 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. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 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. -2- r: \rfp\058\tpc.agr 8eh c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultam agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongfid acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. Minimum l,imits 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. -3- r:\rfp\058\tpc.agr seh d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as 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 Consultam. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. -4- r:\rfp\058\tpc.agr seh b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. I,EGAL 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 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Consultant: Trans-Pacific Consultants 27447 Enterprise Circle West Temecula, California 92590 Attention: Richard Soltysiak Phone: (909) 676-7000 -5 - r:\rfp\058\tpc. agr seh 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Richard Soltysiak, shall perform the services described in this Agreement. Richard Soltysiak may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Richard Soltysiak from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court geographic with jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this agreement, the prevailing party as determined by the court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or 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. 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 WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Patricia H. Birdsall, Mayor June S. Greek, City Clerk -6- r: \rfp\058\tpc.agr aeh Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Trans-Pacific Consultants 27447 Enterprise Circle West Temecula, California 92590 Attention: Richard Soltysiak Phone: (909) 676-7000 By: By: -7- r:\rfp\058\tpc.agr seh EXHIBIT A TASKS TO BE PERFORMED r:\rfp\O58\tpc.agr seh June lO, 1997 !,,'t.T ()VC'F/tllh? ] )t'Jl'c' .~'[l'c', [ /11ttll'r)V,'!l],'lll', O, ?xopos~l T£97~09 Scope of Work Exhibit "A" Consultant shall perform the tasks as identified in the Scope of Services section within the City of Temecula Request for Proposals Dated May 1, 1997, together with the tasks identified below. Task 1 N Research And Investigation Consultant shall research and investigate available information and construction drawings for existing improvements - streets, landscaping, drainage, traffic signal, signing and striping, and utilities. Consultant will notify utility companies in writing of the project and the proposed improvements. Consultant shall also provide research, investigation and conduct meetings with dry utility companies and water districts in order to obtain infom~ation related to existing electric, gas, phone, cable television, sewer, and water facilities specific to this project. Utility companies to include: · General Telephone · Southern California Gas Company · T.C.I. Cablevision · Rancho California Water District · Eastern Municipal Water District · Metropolitan Water District · Southern California Edison Task 2 .~ Field Reconnaissance Consultant will conduct field investigations to determine the existing roadway geometrics, existing signing and striping, Rights-of-Way, Utility locations, Adjacent Grading, Driveways, Trees and other physical features which may impact the proposed street, drainage, and landscape improvements. June 10, 1997 Rt' 1' Proposal T£97009 Task 3 ~ Geotechnical Investigations & Soils Reports Consultant shall conduct a preliminary geotechnical investigation and prepare a report summarizing findings. The preliminary investigations and reports will consist of the following: Preliminary Geotechnical Investigation Phase A. Background Research Review available documents and reports pertaining to the geotechnical conditions of the site and immediate vicinity. Applicable information provided by government agencies including the California Division of Mines and Geology mad United States Geologic Survey will also be reviewed and incorporated into our report. Examination and interpretation of stereoscopic aerial photographs will be used to supplement our field geologic mapping and identify potential geologic constraints including unstable slopes, faulting and adverse bedding or fracture patterns. B. Geologic Mapping Detailed geologic mapping based on exposed earth materials will be performed to evaluate the existing geologic conditions in relation to the proposed stoma drain and road alignments. C. Project Set-up Schedule field work for the project including setting up a drill rig and sampling program. Notify Underground Alert and if necessary meet on-site with the various underground utility companies. D. Subsurface Exploration Subsurface exploration will be conducted at approximately 500-ft intervals along the proposed storm drain alignment, Overland Drive, and the widening of Margarita Road to evaluate the existing soil conditions and collect in~situ and bulk soil samples for laboratory testing. The objective of our subsurface exploration is to accurately define critical soil properties including alluvial removal estimates in regard to the proposed roadways and storm drain. In-place moisture/density tests would be performed in conjunction with maximum density/optimum moisture and consolidation testing of the alluvial soils. Consolidation testing of the alluvial soils would be performed at varying vertical intervals to determine their potential for hydro- consolidation. The laboratory test results would then be utilized to determine both the lateral and vertical extent of alluvial removals. Representative samples of both the borrow sites and the existing alluvial soils would be obtained for R-Value testing and development of a final structural section for the proposed roadways. Consultant shall coordinate with City staff to obtain traffic indexes in order to provide pavement structural section designs. Grading recommendations would be incorporated into the report to insure that subgrade materials are consistent with the proposed structural sections. June 10. 1997 17f-'I~ Proposa! TE97009 Our subsurface exploration will be conducted utilizing a truck mounted drill rig with 8" hollow stem augers. Subsurface exploration will include excavation, logging, soil sampling, and backfilling of borings. Consultant shall also obtain core samples of existing pavement to determine existing structural sections. E. Laboratory Testing Laboratory testing will be conducted on representative soil san~ples to determine the engineering parameters of the on-site material. Laboratory testing will include the following: · Sieve Analysis · Maximum Density · Direct Shear · Soil Classification · Sand Equivalent · Consolidation · In-situ Moisture/Density · R-Value Testing F. Engineering Analysis Engineering analysis will be the evaluation of data collected during the field investigation in relation to the proposed storm drain and roadway alig~m~ents. The analysis will include evaluation of liquefaction potential, subsidence, discussion of seismicity and strong groundshaking, development of a structural section, and evaluation of existing alluvial soils. G. Fault Analysis & Review Review available reports and literature pertaining to the location of the Elsinore Fault Zone (Wildomar) in conjunction with the proposed street and storm drain alignments. H. Report Preparation Phase A geotechnical report will be compiled and will provide a sununary of our findings, and conclusions. Recommendations for grading and general soil parameter information to be used for design purposes will also be included. Report will also identify core sampling, pavement design and sample locations. After completion of report consultant will coordinate with staff and present comparison of structural section designs with core sampling results in order to deternfine scope of pavement replacement or depths of pavement overlays. June 10, 1997 htt-jj~tril~-! Ro~td Xll'c'c'[ I} Jt[t'1111y: Proposal TE97009 Task 4 N Design Surveys & Topography Consultant shall perform a control survey in order to establish A) horizontal and vertical alignments, B) aerial panels for photogrametry and C) placement of a benchmark near site (based on Riverside County Bench Datum for the area). Consultant shall provide topography map at 40 scale with 1' contour intervals for design purposes. Consultant shall provide orthophoto topographic map at 200 scale with 4' contour intervals for the entire drainage area tributary to the Long Canyon Wash. Tributary area is defined as 20,000 feet east of Margarita Road across Overland Drive, to Murrieta Creek, just west of Commerce Center Drive. The aerials shall be used for submittal to Riverside County Flood Control (RCFC) and Water Conservation District (WCD) for hydrology base sheet purposes mad determining the existing cross sections of the entire drainage system within the defined area. Orthophoto topographic map shall be field verified with spot elevations and checking contour intervals. All underground storm drain facilities associated with this system will be field verified, located, and spot elevations established. Consultant will also perform field surveys to locate and verify all existing facilities, structures, and perform cross sections in areas to match existing pavement and conditions. Task .5 N Improvement Plans All improvement plans shall be prepared in accordance with Specific Plan 263 and the Development Agreement by and between the City of Temecula and Forest City Development California, Inc.. All improvement plans shall be submitted to the City of Temecula for review and comment. City comments shall be incorporated into design revisions prior to final approval. All improvement plans shall be prepared and drafted utilizing the Auto Cad System. Consultant shall submit a 3 l/z computer disk with the project design files to the City of Temecula along with one set of wet signed and stamped 24"x36" mylars upon final approval. A. MARGARITA ROAD WIDENING Consultant shall prepare a complete set of street widening improvement plans for Margarita Road and submit to the City for review and approval. The plans shall include a cover sheet and all sheets shall be on City's title block. The improvement plan design will include: · One (1) new intersection at South General Kearny Road. · One (1) Full intersection at easterly entrance to the Mall. · Provisions for one (1) future intersection · Storm Drain Facilities · Sidewalk dune 10, 1997 I,'t- ;' ,%'IFt'~.'I /HI/~I'~V~'Itl,',~Lx ~ Proposal TE97009 A. MARGARITA ROAD WIDENING CONT'D · Landscaping and Irrigation · Utility Relocations · Median Island Improvements Transit Facilities · Signing · Striping · Drive Approaches · Bike Lanes · Street Lights · One (1) new traffic signal (Margarita Road ~ South General Kearny Road) · Interconnect Hardware · Conduit with wiring · Other related work The methodology and approach in preparing the Margarita Road widening improvement plans will be as tbllows: A. i Street Improvement Plans Data obtained in Tasks 1, 2, 3, and 4, will be applied in preparing Street Improvement plans. Street improvement plans will be prepared at 40 scale incorporating City standards and computer drafted on City standard Public Works Plan and Profile sheets. Street improvement plans shall show all existing and proposed improvements including pavement, curb and gutter, storm drains. utility locations. above ground appurtenances, trees, shrubs, irrigation lines, and fences. A. 2 Hydrology and Hydraulics Report Consultant shall prepare a rational method hydrology study identifying 1 O-year and 100-year discharges at Points of Concentration along the Margarita Road widening. Locations where street capacities are exceeded will also be identified and utilized for inlet locations as part of overall storm drain design. Computerized versions of the Riverside County Flood Control and Water Conservation District Hydrology Manual shall be used as a basis of the hydrology study. Hydraulic calculations will also be prepared and presented in report form as the basis of storm drain facility designs. The Los Angeles Cotmty Flood Control District Water Surface and Pressure Gradient (WSPG) Hydraulic Analysis System Program will be utilized /br storm drain hydraulic analysis and design purposes. June ! O, ] ~ ? Rt-7' Proposal TE97009 A. 3 Storm Drain Improvement Plans Consultant shall prepare storm drain improvement plans intended to convey the flows identified and analyzed in A.2. Storm drain improvements less than or equal to 36" in diameter will be prepared on City of Temecula Public Works Plan and Profile Sheets. Storm drains greater than 36" in diameter will be prepared on Riverside County Flood Comrol and Water Conservation District base sheets. All storm drain plans shall incorporate City or District standards and be computer drafted. Traffic Signal and Signing & Striping Improvement Plans Based upon existing traffic counts and traffic volume projections prepared by Wilbur Smith and Associates, consultant will determine appropriate traffic signal operations and control. Per this scope of work it is assumed that traffic studies supporting the Specific Plan No. 263 and the mall project will contain sufficient information for signal design purposes. Consultant will coordinate with City staff to obtain current City design standards, design format and discuss operation of the future traffic signal power sources, controller locations~ etc. Consultant shall also coordinate preliminary power locations with area wide utilities for new signal locations and review street lighting for all new intersectionsl Traffic signal improvement plans and design modification plans shall be prepared at 20 scale and computer drafted on City of Temecula Public Works Base Sheets. Consultant shall also prepare traffic signing and striping modification plans to be implemented in conjunction with traffic signal and traffic signal modifications and roadway widening. Signing and striping plans shall be prepared at 40 scale and computer drafted on City of Temecula Public Works Base Sheets. A. 5 Landscape Improvement Plans Consultant shall prepare a conceptual landscape plan for streetscape within the public right-of- way fronting mall site and medians within Margarita Road. Following City approval of conceptual streetscape and median landscape plan, consultant shall prepare construction landscape, hardscape and irrigation plans and specifications for streetscape at 20 scale per City of Temecula standards. Plans shall be computer drafted on City standard base sheets. All landscape plans shall be submitted to City for review and comment. Consultant shall include City comments into plan revisions prior to City plan approval. June 10, 1~? t7t i' Proposal TE97009 B. OVERLAND DRIVE Consultant shall prepare a complete set of street improvement plans for Overland Drive and submit to the City for review and approval. The plans shall include a cover sheet and all sheets shall be on the City's title block. The design will include: · Storm Drain Facilities · Sidewalk · Irrigation · Utility Relocations · Bike Lanes · Drive Approaches · Two (2) new traffic signals (1 new signal Ynez Road ~ Overland Drive and 1 new signal Margarita Road ~ Overland Drive). · Other related work. B. 1 Street Improvement Plans Data obtained in Tasks 1, 2, 3, and 4, will be applied in preparing Street Improvement plans. Street improvement plans will be prepared at 40 scale incorporating City standards and computer drafted on City standard Public Works Plan and Profile sheets. Street improvement plans shall show all existing and proposed improvements including pavement, curb and gutter, storm drains, utility locations, above ground appurtenances, trees, shrubs, irrigation lines, and fences. B. 2 Hydrology and Hydraulics Report Consultant shall prepare a rational method hydrology study identifying 1 O-year and 100-year discharges at Points of Concentration along the Margarita Road widening. Locations where street capacities are exceeded will also be identified and utilized for inlet locations as part of the overall storm drain design. Computerized versions of the Riverside County Flood Control and Water Conservation District Hydrology Manual shall be used as a basis of the hydrology study. Hydraulic calculations will also be prepared and presented in report fom~ as the basis of stom~ drain facility designs. The Los Angeles County Flood Control District Water Surface and Pressure Gradient (WSPG) Hydraulic Analysis System Program will be utilized for stom~ drain hydraulic analysis and design purposes. June l O, 1997 RI 7' Proposal TE97009 B. 3 Storm Drain Improvement Plans Consultant shall prepare storm drain improvement plans intended to convey the storm discharges identified and analyzed in Task A.2. Storm drain improvements less than or equal to 36" in dimneter will be prepared on City of Temecula Public Works Plan and Profile Sheets. Storm drains greater than 36" in diameter will be prepared on Riverside County Flood Control and Water Conservation District base sheets. All storm drain plans shall incorporate City or District standat'ds and be computer drafted. B. 4 Traffic Signal and Signing & Striping Improvement Plans Based upon existing traffic counts and traffic volume projections prepared by Wilbur Smith and Associates, consultant will determine appropriate traffic signal operations and control. Per this scope of work it is assumed that traffic studies supporting the Specific Plan No. 263 and the mall project will contain sufficient information for signal design purposes. Consultant will coordinate with City staff to obtain current City design standards, design fortnat and discuss operation of the future traffic signal power sources, controller locations, etc. Consultant shall also coordinate preliminary power locations with area wide utilities for new signal locations and review street lighting for all new intersections. Traffic signal improvement plans and design modification plans shall be prepared at 20 scale and computer drafted on City of Temecula Public Works Base Sheets. Consultant shall also prepare traffic signing and striping modification plans to be implemented in conjunction with traffic signal and traffic signal modifications and roadway improvements. Signing and striping plans shall be prepared at 40 scale and computer drafted on City of Temecula Public Works Base Sheets. June 10, 1997 .~I1'~'~'! /IH,~v,,I'CIH~ i?J~ ,k Proposal TE9 7009 C. LONG CANYON WASH IMPROVEMENT PLANS Consultant shall prepare a complete set of storm drain plans for "Long Canyon Wash from Ynez Road to 1,000 feet east of Margarita Road" including a detention basin above Margarita Road. Plans and supporting calculations will be submitted to RCFC and City of Temecula. It is the City's intent to have RCFC and WCD to accept the existing drain system and this proposed improvement for maintenance purposes. C. 1 Hydrolog3; and Hydraulics Reporl Consultant shall prepare a hydrology study to determine the storm discharges to Long Canyon Wash at the Mall Site. Computerized versions of the Riverside County Flood Control and Water Conservation District Hydrology Manual shall be used as a basis of the study. Hydraulic calculations will also be prepared in report fomq in order to support the storm drain facility design. Hydraulic analysis will consist of a combination of Los Angeles County Flood Control District Water Surface and Pressure Gradient (WSPG) Hydraulic Analysis System Progrmn and Hydrograph routing for detention basin design. Consultant will coordinate with City, CalTrans, and Riverside County Flood Control District in order to establish down stream hydraulic control for system analysis and design. C. 2 Storm Drain Improvement Plans Consultant shall prepare storm drain improvement plans on Riverside County Flood Control and Water Conservation District base sheets. The drainage concept will include a detention basin upstream of Margarita Road and a storm drain system to Ynez Road. C. 3 Riverside County Flood Control and Water Conservation District Plan Processing Consultant shall process hydrology report storm drain improvement plans, and supporting hydraulic calculations through the Riverside County Flood Control District for plan review and approvals. Consultant shall also process hydrology report. storm drain improvement plans, and supporting hydraulic calculations for Margarita Road and Overland Drive storm drains greater that 36" in diameter through the Riverside County Flood Control District for plan review and approvals. Task 6 ~ Utility Coordination Consultant shall submit plans, track design process and maintain required interface with utility representatives to obtain preliminary designs of any required utility relocations. Consultant shall review final designs, contracts and right-of-way documents, in preparation for City's approval and signature. 7i',ft?.\-[~.11L'J/~t' ( '(;1t~1i1[(1171.¥. 111C. June 10, 1997 !?I' I> Proposal TE97009 Consultant shall submit final utility documents with a summary of utility deposits and potential refunds to City. Consultant will also process telephone and cable T.V. joint trench reimbursement if applicable. Consultant will also schedule construction/cable dates with electric, telephone, and CATV companies. If necessary, consultant shall also schedule gas main installation. Task 7 N Right-Of-Way Documents & Easements Consultant shall prepare legal descriptions, maps and any other miscellaneous services necessary to acquire right-of-way, easement documents, permission to grade letters, and other documents required to facilitate roadway and storm drain construction. Consultant owned and Consultant will also prepare legal descriptions and exhibits for stom~ drain improvements to be maintained by Riverside County Flood Control and Water Conservation District. shall also process documents through recordation and/or acceptance. Task 8 .-. Project Permits & Environmental Clearances Consultant shall investigate and process required permits including the following: NPDES, State of California Water Resources Control Board, California Department of Fish and Game, U.S. Army Corps of Engineers and CalTrans. Environmental documentation prepared as part of the Mall Specific Plna and EIR shall be used as the basis of environmental clearances. Task 9 ~ Construction Bid Packages Consultant shall prepare a bid specification package to include: engineer's estimate; bidder's instruction; bid sheets and schedule; general specifications; special provisions and technical specifications using the City's boiler plate contract documents for the installation of the proposed improvements. Specifications and cost estimates will be submitted to the City for review and comment. City comments shall be incorporated into revised specifications and cost estimates prior to final submittal. Consultant shall submit a 3Y2 computer disk with the City approval specifications (utilizing Word Perfect 6.1, Windows Version). Task 10 ~ Post Design Services Consultant will be available to answer questions during the Consultant will also issue adenda(s) during the bidding process. bid and construction phases. June 10, 1997 R /- ,; Task 11 ~ Project Coordination Consultant shall coordinate with all other engineers, architects, and developers for all on-site and off-site stom~ drain, grading, utilities, and other underground and surface improvements within the project surroundings throughout the project period. Task 12 N Reimburseables A not to exceed amount of $5,000.00 is included within the fee schedule to cover the costs of reimburseables such as blueprints, reproductions, and mileage. General Scope of Work Information Schedule The City's tentative schedule for the design phase of the project is as follows: 1. Completion of Improvement Plans Bid Specifications and Engineer's Estimate 2. Advertise Projects 3. Begin Construction September, 1997 October, 1997 Jm~uary, 1998 Trans-Pacific Consultants has prepared an internal production schedule with the necessary staff dedicated to meet the City's proposed schedule as idemified above. It is the Trans-Pacific Consulting team's intent to produce a high quality set of construction documents within the prescribe time period. Although the Trans-Pacific Consultant Teton is focused on this schedule we can not guarantee an idemical time commitmere on behalf of the Riverside County Flood Control District, CalTrans, Southern California Edison, various other agencies, utility companies or environmental permitting agencies whose cooperation we depend. EXHIBIT B PAYMENT SCHEDULE r:\rfp\058\tpc.agr seh EXHIBIT "B" FEE SCHEDULE OVERLAND DRIVE STREET IMPROVEMENTS AND MARGARITA ROAD WIDENING TPC = Tram-Pacific Conauitants GEE = Geoteclmieai & Environmental Engineers, Inc. APS = Analytical Photogrammetric Surveys RKHK = Robert Kahn, John Kain & Assor, MEN = Men & Assoc. Uffiity ALH = The .Alhambra Group TASK DESCRIPTION FIRM HO URN RATE COST B, OVERLAND DRIVE B.I Street Impravement Plana Senior Engineer TPC 24 90.00 2,160.00 Assitant Engineer TPC 60 70.00 4,200.00 Cadd Designer TPC 60 65.00 3,900.00 B.2 Hydrolog~ & Hydraulics Report Senior Engineer TPC g 90.00 720.00 Associate Engineer TPC 16 80.00 1,280.00 Cadd Designer TPC 8 65.00 520.00 B3 Storm Drain hnprav~nent Plans Senior Engineer TPC 4 90.00 360.00 Associate Engineer TPC 24 g0.00 ! ,920.00 Cadd Designer TPC 24 65.00 1,560.00 B.4 Slkqmi Improvement Plans Principal RKHK 35 110.00 3,850.00 A~istant Englne~r RKHK 110 50.00 5,500.00 Engineering Technician Ill RKHK 47 35.00 1,645.00 Administrative Assistant RKHK 10 35.00 350.00 Principal RKHK 6 1 ! 0.00 660.00 Assistant Engineer RKHK 20 50.00 1,000.00 Engineering Technician III RKHK 8 35.00 280.00 Administrative Assistant RKHK 3 35.00 105.00 C. LONG CANYON WASH IMPROVEMENT PLANS (INTERIM) C.1 Hydroingy & Hydraulic Report (Interim) Senior Engineer Associate Engineer Cadd Designer C.2 Storm Drain Improvement Plans (Interim) Senior Engineer Assistant Engineer Cadd Designer C.3 RCFC; WCD Plan Proemzing (Interim) Senior Engineer TPC 40 90.00 3,600.00 TPC 100 80.00 8,000.00 TPC 24 65.00 t,560.00 TPC 40 90.00 3,600.00 TPC 160 70.00 l 1,200.00 TPC 100 65.00 6,500.00 TPC 40 90.00 3,600.00 Subtotal for Task S (Interim) $ 136,010.00 EXHIBIT "B" FEE SCHEDULE OVERLAND DRIVE STREET IMPROVEMENTS AND MARGARITA .R.oAo '.WIDENING TPC = Trana-Padfic Consultants GEE = Geateelmieal & Environmental En~n~rs, Inc. APS = Amdyltral Photogramm~xic Surveys RKHK = Robert Kaita, John Kain & Assoz. MEN = Men & Assoc. U~tlity ALH = The Alhambra Group TASK DESCRIPTION FIRM HOURS RATE COST C, LONG CANYON WASH IMPROVEMENT PLANS (L~,TIMATE) C.1 Hydrology & Hydraulic Relmrt (Ultimate) Senior Engineer TPC Associate Engineer ~ Cadd Designer TPC C.2 Storm Drain Improvement Plans (Ultimate) Senior Engineer TPC Associate Engineer TPC Cadd Designer TPC C,.3 RCFC; WCD Plan Proee~lng (Ulama¢/e) Senior Engineer TPC Subtotal for Task S (Ultimate) 20 90.00 1,800.00 40 80.00 3,200.00 10 65.00 650.00 20 90.00 1,800.00 40 80.00 3,200.00 4O 65.00 2,600.00 40 90.00 3,600.00 $ 16,850.00 TASK 6 UTILITY COORDINATION: Senior Engineer Associate Engineer Principal Utility Consultant Subtotal for Task 6 TIC 10 90.00 900.00 TPC 20 80.00 1,600.00 MEN 80 90.00 7,200.00 $ 9,700.00 TASK 7 RIGHT-OF-WAY DOCUMENTS & EASEMENTS: Senior Engineer TPC Pdncipal Surveyor TPC Associate Surveyor TPC Subtotal for Task 7 8 90.00 720.00 4 100.00 400.00 40 75.00 3,000.00 $ 4,120.00 TASK 8 PROJECT PERMITS & ENVIRONMENTAL CLEARANCES: Senior Engineer TPC Associate Engineer TPC SecreteEe TPC Subtntol for Task 8 40 90.00 3,600.00 40 80.00 3,200.00 8 35.0O 280.00 $ 7,080.00 TASK 9 CONSTRUCTION BID PACKAGES: Senior Engineer TPC 40 90.00 3,600.00 Associate Engineer TPC 40 80.00 3,200.00 Secretary TPC 20 35,00 700.00 Subtotal for Task 9 $ 7,500.00 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Resolution No. 97-64- Underground Utility District No. 1 RECOMMENDATION: That the City Council reschedule the Public Hearing to establish an Underground Utility District No. 1 to July 22, 1997. BACKGROUND: At the regular meeting of June 24, 1997 City Council adopted a "Resolution of Intention, Resolution No. 97-64, to establish an Underground Utility District No. 1. Resolution No. 97-64, requires publication and mailing of the Resolution and the portions of the Municipal Code to the affected property owners Since all of the requirements were not met, it is requested that the Public Hearing scheduled for July 8, 1997 be continued to the regular Council meeting of July 22, 1997. FISCAL IMPACT: None r:\agdrpt\97\O708\UTILITY. PH/AJP ITEM 14 APPROVAl CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO.' FROM: DATE: SUBJECT: City Council Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Opposing the Proposed Ballot Initiative on Design and Engineering Contracts PREPARED BY: Aaron Adams, Management Analyst RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, OPPOSING THE PROPOSED BALLOT INITIATIVE ON DESIGN AND ENGINEERING CONTRACTS. BACKGROUND: A group known as Professional Engineers in California Government (PECG), has spent $2.1 million to put this initiative on the ballot in hopes of securing control over local infrastructure projects which include any state funding sources such as gas taxes. This measure will be on the next statewide ballot in June, 1998, and would adversely impact Temecula and its capital improvement projects. The initiative would eliminate competition (i.e. City Council control over engineering and design contracts.) It would create a system that effectively means most infrastructure projects would be designed only by the State of California, not private contractors who are accountable to the needs of our city. It is estimated that should this initiative be adopted, 100,000 private contractor positions would be eliminated in our state. It would also create a new layer of state bureaucracy, ultimately delaying important local projects. The initiative requires that each and every local project be reviewed by the State Controller's Office, along with numerous other state, local and private building projects. Because the measure specifies no deadline by which this office must act, it would become a project bottleneck further delaying projects that are needed in a more timely manner. R :~ADAMSA~COUNCIL.~/PD 7/2/97 FISCAL IMPACT: Fiscal impact is unknown at this time; however, the loss of competition in the selection process could ultimately cost the City hundreds of thousands of dollars in engineering design costs. R :~a~DAI~[SA~COUNCIL.~v'PD 7/2/97 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~MECULA OPPOSING THE PROPOSED BALLOT INITIATIVE ON DESIGN AND ENGINEERING CONTRACTS THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: WHEREAS, Every day billions of dollars of critical building, engineering and design projects are underway from seismic retrofitting to flood control to schools and hospitals; and WHEREAS, State, regional and local governments are currently allowed to contract with private firms, on a competitive basis, to design these projects; and WHEREAS, This process allows government the essential flexibility to use private firms to deliver a project on time and cost effectively; and WHEREAS, The so-called "Government Cost Savings and Taxpayers Protection Amendment" completely changes the process by giving the state bureaucracy a virtual monopoly on designing every project; and WHEREAS, This will thereby force cities, counties, schools, special districts, regional governments and even many private business to use the state bureaucracy to design roads, parks, hospitals, health clinics, schools, water treatment facilities, flood control walls and other critical structures- including all engineering, design, geological and environmental work; and WHEREAS, Virtually every school and hospital has been designed by private firms, not state government; and WHEREAS, The proposed initiative eliminates local control and forces communities to rely on the out-of-town state bureaucracy for their design work; and WHEREAS, Local governments would not be able to hold the state bureaucracy accountable; and WHEREAS, The initiative gives one state politician enormous power to decide who gets tens of thousands of design and building projects worth billions of dollars; and WHEREAS, The state controller would have to analyze tens of thousands of proposed contracts per year costing taxpayers hundreds of thousands of dollars, if not millions, in additional expenses; and WItEREAS, To meet potential workload demands, hundreds, if not thousands, of state employees would need to be employed and paid, even if no projects were underway; and WHEREAS, Taxpayers would pick up the tab for billions in extra costs for projects, lost jobs and more state employees to evaluate projects; and Temecula. WHEREAS, This could mean more delays on important projects in the City of Therefore be it resolved that the City of Temecula City Council opposes the so-called UGovernment Cost Savings and Taxpayers Protection Amendment" that will cost our cities, counties, special districts and economy millions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 8th day of July, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, June s. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of July, 1997, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: June S. Greek, CMC/AAE City Clerk JUL 01 '97' 10:59 GOVERNMENT COST SAVINGS AND TAXPAYERS PROTECTION AMENDMENT SECTION 2. PURPOSE AND INTENT that corm'af~,o~ be ~ fully resporu~ for the ped~ of It~eb co,~[,-acts. -. THEREFORE. THE.'PEOPt,EOF THE'STATE OF CAUFORNIA DO'ENACT ~ FOLLOWS." : SERV~"ES Anicie VI1. SeCUre 1.2 is hereby added to the CaJUon~ COnSUIUUeA le read:' ~' ' '- ' agency, depamnem. dlvlsio~ bureau; board. and'commiSsloA but does not include If~ University of section, 'toc,~, public entity' means any city, coumy. city aAd courdy. iAclud'mg a chmlered city m' o~mty. pub~ or municipaJ cocpormJo~ sctlooi ~r~trict, special ~ aumorJty, or other pubr~ emity lotreed for expefid*~x~,e of ~ate ]unds or involves a program. project. ~11ty. Or public wor~'fm' width Ud state or ar~* expencrmJfe by the state or'a sta~ agency anti ~ money included in speciaJ loads U'~al lh~ stare o~a state agen~ cxxltmls. ' · and the cormacting entity for the bk~rmg, ~ and contraa award process and for inspec~g, m~pervislr~ vet. Uy',~. monitod~. and ~ th. c~u*acc be i~ the public i.-ttemsk woukl have aft ~ irrkoacl off public heattit m' safety. or would rescue i~ lower qua!~ wod~ marl if state civil service empk~ms perfore'rod 3'UL (al '~'~ 11:(2xa p.~' contrac~tg entity foe eontr-acts f,:~ services. .. .. . wRJ~o~t the inva~d ~ or appScatlo~ and.to lids end the pmvt~o~s of, .U'ds ~ m'e $C-C"T]ON6. APPt,CAGIL.A"Y ~ ¢URREt,~ LAW. '" I'~'EM 15 APPROVAL CITY ATTORNEY DIRECTOR OF CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager July 8, 1997 Request to Adopt PERS Payment of Member Contributions PREPARED BY: Grant M. Yates, Assistant to the City Manager RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ELECTING TO PAY 100% OF PERS EMPLOYEES' COMPENSATION EARNABLE AS EMPLOYER PAID MEMBER CONTRIBUTIONS {EPMC) AND REPORT THE SAME PERCENT (VALUE) OF COMPENSATION EARNABLE AS ADDITIONAL COMPENSATION. BACKGROUND: On June 24, 1997, the City Council adopted a Management Compensation Plan. This plan outlined a schedule of benefits for management employees. Included in this schedule of benefits is an upgrade to the PERS Retirement Plan for employees covered under the plan. This upgrade, entitled Employer Paid Member Contributions (EPMC), allows the City to report the City's seven percent (7%) retirement contributions as earnings. FISCAL IMPACT: The total cost of this benefit is estimated to be $20,500 annually. This cost will not appear as a cost to the City until FY 1998-99 budget year. R:~LANIERDA~R.Ei~OR'I~STAFF46,MIS 7/1/97 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF TEMECULA, ELECTING TO PAY 100% OF PERS EMPLOYEES' COMPENSATION EARNABLE AS EMPLOYER PAID MEMBER CONTRIBUTIONS (EMPC) AND REPORT ~ SAME PERCENT (VALUE) OF COMPENSATION EARNABLE AS ADDITIONAL COMPENSATION. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WlrlEREAS, the City of Temecula has the authority to implement Government Code Section 20023 '(c) (4) pursuant to Section 20615; WHEREAS, the City of Temecula has a written labor policy or agreement which specifically provides for the inclusion of normal member contributions paid by the employer on behalf of the members as additional compensation; WHEREAS, one of the steps in the procedures to implement this section is the adoption by the governing body of the City of Temecula of a Resolution giving notice of its intention to commence reporting the value of employer paid member contributions (EPMC) as compensation for all members of a group or class; WHEREAS, the following is a statement of the proposed change in reporting compensation to PERS: The City of Temecula elects to pay one hundred percent (100%) of employees' compensation earnable as Employer Paid Member Contributions and report the same percent (value) of compensation earnable as additional compensation. This benefit shall apply to all employees of regular status. The effective date of this Resolution shall be June 24, 1997. NOW, T!tEREFORE, BE IT RESOLVED, that the governing body of the City of Temecula shall implement Government Code Section 20023 '(c) (4) pursuant to Section 20615 by paying and reporting the value of Employer Paid Member Contributions for all employees of regular status as indicated above. PASSED, APPROVED AND ADOPTED this 24th day of June, 1997. Patricia H. Birdsall, Mayor RSLANIERDA~,EPOR'I~TAFF46.MlS 7/1/97 ATrEST: June S. Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, DO HEREBY CERTIFY that Resolution No. 97-~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the ~ of , 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: C OUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC City Clerk IE~LAN IERDA~.EPOR'!~TAFF46.MIS 7/1/97 ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN~E/,~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Ronald E. Bradley, City Manager DATE: July 8, 1997 SUBJECT: Citizen Survey Regarding Annexation PREPARED BY: Grant Yates, Assistant to the City Manager RECOMMENDATION: 1) That the City Council approve the Agreement with the Resource Group for the purpose of conducting a survey of residents in the Redhawk and Vail Ranch Area to determine their support of annexation into the City of Temecula. 2) That the City Council transfer $15,600 from the General Fund Reserve to Account 001- 161-999-5248. BACKGROUND: On June 10, 1997, the City Council directed Staff to study the impacts of annexing the Redhawk and Vail Ranch areas into the City. The request to begin this process was initiated by residents in the Redhawk area. As part of this process, the City Council directed staff to survey area residents to ensure that this annexation request is supported. The Resource Group has provided the City with the attached proposal to complete the survey. The Resource Group has worked with the City on a number of successful surveys including the recently completed Workforce Report, the City's first Citizen Opinion Survey, and the Old Town/Pujol Street Resident's Survey for Temecula O.N.E. The Resource Group will work with the Annexation Committee, comprised of staff representatives from each department, to develop the actual survey instrument. The results of the survey will be presented to the City Council within the next 30-45 days. r:\bradley~agenda\annex.sur AGENDA REPORT: CITIZEN SURVEY REGARDING ANNEXATION PAGE 2 FISCAL IMPACT: The Resource Group proposes to complete this project for a total not to exceed $15,600. The costs associated with this annexation review process were not incorporated into the FY 1997- 1998 Operating Budget. Therefore, a transfer of $15,600 from General Fund reserves to account number 001-161-999-5248 is requested. r: \bradlcy~ag~d~\~mnex.sur CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of July 8, 1997, between the City of Temecula, a municipal corporation ("City") and The Resource Group ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 15, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 15, 1997, unless sooner terminated pursuant to the provisions of this Agreement. 2. gERVICEg. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant 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 Fifteen Thousand Six Hundred Dollars ($15,600.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this 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 LAX2:136829.2 p:\agree~aen\annex.ttg - 1- Revi~d 9/18/95 may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will be paid $10,000 upon project initiation and contract signing and $5,600 upon submission of final report reliverabies. Consultant shall submit invoices for these costs and 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 to Consultant witlain 30 days of receipt of an invoice of any disputed fees set forth on the invoice. SUSPENSION OR TF~RMINATION OF AGREEMENT WITHOUT CAUSF,. 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 LAX2:136829.2 p:~greeme~\annex.Ug -2- Revi~ed9/18/95 time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 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. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or LAX2:136829.2 p:\agreemen~annex.t~ -3- Reviaed 9/18/95 damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant' s profession. Minimum l.imits of Insurance. Consultant shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (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. LAX2:136829.2 p:~agremaea\annex.trg -4- Revised 9/18/95 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, 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, retum receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer LAX2:136829.2 p:~greemen~nnex.ls~ -5- Revi~l 9118/95 may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. I,EGAI, RFSPONSIRHITIES. 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. REI,EASE 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. LAX2:136829.2 p:\agreemen\nnnex.lrg -6- R~viaed 9/18195 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 fight, but has no obligation, to represent Consultant and/or be present at any deposition, heating 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. NOTICKq. 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 P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager To Consultant: The Resource Group Suite 107 5015 Canyon Crest Drive Riverside, CA 92507 Attention: Estaban Sofiano 14. A~qSIGNMENT. 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 Estaban Soriano shall perform the services described in this Agreement. Estaban Soriano may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Estaban Sofiario from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. LAX2:136829.2 p:\agreemen\anncx.trg -7- Revised 9/18/95 15. LICENSle, g. 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. CR3VF, RNING 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. 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. LAX2:136829.2 p:\agreemeaXannex .tag -8- Reviaed9/18/95 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Patricia H. Birdsall Mayor Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT THE RESOURCE GROUP By By: LAX2:136829.2 p:~agr~a~n\~mn~x.lrg -9- Revised 9/18195 EXHIBIT A TASKS TO BE PERFORMED ,~COPE OF WORK To conduct an independent objective study among a sampling of residents in the Redhawk and Vail Ranch area to determine their interest and concerns about the possible annexation to the City of Temecula. The survey will be designed to: Identify the interest in residents from Redhawk and Vail Ranch with regard to being annexed in to the City of Temecula. Identify the issues, perceptions, and information needs of residents regarding potential annexation to the City. Data will be collected separately for each development and will be analyzed and presented on an individual development basis. Such information will be helpful in determining what public education and information elements are required for informed decision-making. The Resource Group will work with the City to: 1. Develop and refine a 2-3 minute census instrument. 2. Administer that instrument to a sampling of domiciles in each development. 3. Prepare an appropriate final report. 4. Provide the City with one comprehensive debriefing. The Resource Group proposes an essentially close-ended instrument, fashioned after typical polling instruments, to solicit data regarding initial interest or decision-making regarding annexation to the City of Temecula, perceptions regarding issues associated with annexation (services, costs, etc.), and topic areas around which respondents would prefer more objective information in order to make an informed decision regarding annexation. Open-ended portions will capture some of these issues and information needs areas. LAX2:136829.2 p: \agreemen\annex.leg Reviaed9118195 The Resource Group will complete approximately 350 surveys in each development, for a total of 700 sampled residents across the two developments. With a projected universe of approximately 1,200 domiciles in each development, this response rate should yield statistically significant data with an error factor of between 3-4.5% at the p= < .05 level. The budget anticipates a 1-in-3 connect rate. If their experience is better than this rate, they will attempt to complete more surveys. PROJECT TIMING The Resource Group is prepared to begin work on July 15, 1997. Subject to work schedules of the City, a 90-day calendar is proposed to complete the survey at the earliest opportunity in order to provide the data and report to the City as soon as possible. Final deliverables are anticipated by October 15, 1997. WORK APPROACH The Resource Group will undertake the following activities: Meet with the designated City project team as required in order to identify the research interests of City department stakeholders. Work with the project team to create and finalize a survey instrument, envisioned as a 2-3 minute survey, primarily close-ended, with some open-ended opportunities. Print sufficient copies of all survey lead letters, instruments and ancillary survey materials. Complete surveys among approximately 350 voter-age residents in Redhawk and 350 residents in Vail Ranch. Fielding strategies will include any combination of door-to- door contact, intercept interviews at strategically located public and retail facilities, direct mail distribution, and telephone surveying. The specific mix and fielding strategies utilized will be determined by The Resource Group. The City will attempt to provide a listing of domiciles providing name of occupant, address, and telephone number. UNDERSTANDINGS The timeline indicated assumes that The Resource Group will have immediate and continuous access to City of Temecula decision-makers. The firm is prepared at all times to provide immediate service and response. Delays created by internal LAX2:136829.2 p:\agreemen~mnex.teg administrative protocols or response timing by the Agency, etc., will be added to the projected time frame. Any surveys and analytic programs that belong to the firm and are modified for this project, or that are created by the firm for this project, will be the copyrighted property of the Resource Group and the client is extended a one-time use license for this project. Thus, The Resource Group retains the fights to all survey forms and formats created by it for use in this project. All raw and final data, all completed surveys, and all analysis, narrative, and other information generated by the assessment will be the property of the client, The City of Temecula. Thus, the City of Temecula retains the fights to all of the original data produced by this effort. The client is made aware that the Resource Group is a California certified small business and the provisions of California Government Code, Section 925.15 apply. In short, this code section indicates that a certified small business enterprise may implement a legislatively-approved and automatic penalty of 0.25 percent of the amount due per day from the required payment data for all outstanding invoices not paid by due date. This condition will be in effect. Certified Small Business Number: 342666. LAX2:136829.2 p:\agreemon~tnnex.trg -12- R©vised9/18/95 EXHIBIT R PAYMENT SCHEDUI J~. The cost for services provided under this agreement will be $15,600 to be paid within 30 days of receipt by the City of The Resource Group's invoice. Payment shall be made as follows: $10,000 Upon project initiation and contract signing $ 5,600 Upon submission of final report deliverables This fee includes all normal costs associated with: 1. Completion of approximately 700 2-3 minute surveys among resident wage earners in the two residential development areas (350 per area). 2. Project and survey consultation, design, and finalization (budgeted at 14 hours maximum). 3. Fielding via a mix of the above described methods (350 respondents per area) 4. Inputting and analysis of original data 5. Production of final report deliverable 6. 20 copies of final report 7. 1 camera ready hard and electronic report narrative, if requested 8. Total of 3 hours debriefing across up to 2 separate meetings/dates LAX2:136829.2 p:Xagreemen~annex.tt~ -13- Revi~19/18/95 ITEM 17 APPROVAL CITY ATTORNEY FINANCE DIRECTOR~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Shawn D. Nelson, Director of Community Services July 8, 1997 License Agreements for Maintenance of the Freeway City Entry Monument Signs PREPARED BY: L~.~Phyllis L. Ruse, Development Services Administrator RECOMMENDATION: That the City Council approve the License Agreements for the repair and maintenance of the two City entry monument signs. DISCUSSION: Prior to City incorporation, Bedford Corporation installed and maintained two entry monument signs on their private property and visible from Interstate 1 5 near the northern and southern boundary points of the later incorporated City of Temecula. Sometime after incorporation, the City entered into a license agreement with Bedford, permitting the signs to be changed to read "City of Temecula" and giving the City maintenance responsibility for the signs. That agreement has since expired and the ownership of the properties has changed. The signs have not received consistent maintenance for sometime and there is some evidence of vandalism. Staff has met with a representative from Southern California Edison (SCE) to discuss supplying energy to the sites. The northern site appears to have an operative meter near the sign. The electrical service to the southern site has suffered vandalism. SCE estimates it will cost between $4,000 to$6,000 to restore service and set a meter. Once service is restored, staff will be able to install lighting for the signs, making them more visible from the freeway. Staff has also recently been contacted by a member of the Church of Jesus Christ of Latter Day Saints - Meadowview Ward. The church, with the help of a local Boy Scout troop, has volunteered to weed abate and clear the sites, trim the trees, and stucco patch the signs, as necessary. The two groups would like to begin this work on Saturday, July 19, 1997. Upon a final design, Outdoor Media Group, a Murrieta based company, has volunteered to paint both signs for the City. It is staff's recommendation that the City Council approve the two license agreements with the owners of the two sites. The agreements allow the City access to the properties and the right to make repairs and provide on-going maintenance to the signs and the immediate surrounding areas. These signs are the first welcome to visitors to our City. Keeping them lighted, painted, and well-maintained speaks well of our community and makes a positive statement to both r: \ruscp\agendas\ fv~signs. ag r visitors and residents about our City. FISCAL IMPACT: This project was approved in the Capital Improvement Program for fiscal year 1997/98. Energy installation service is estimated at $4,000 to$6,000. Tree trimming and weed abatement services are being donated to the City by the volunteer groups and painting of the sign will be donated by Outdoor Media Group. Staff is still in the process of obtaining price quotes for lighting installation, which is estimated at approximately $10,000. Staff is requesting approval of the license agreements at this time to accommodate the volunteers with access to the property on the date they wish to begin work. The cost of utilities and maintenance is included in the Facilities Internal Service Fund Operating Budget for FY 1997/98. Attachments: License Agreements r: \~unep\ng cndns\ f~,/ysigns. ng r LICENSE AGREEMENT "CITY OF TEMECULA" MONUMENT SIGNS THIS LICENSE AGREEMENT is made and entered into as of ,1997 by and between Margarita Canyon, a California limited liability company ("Licensor"), and the City of Temecula, a public body, corporate and politic CLicensee"). For valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. This License Agreement is made with respect to the following facts and for the following purposes, each of which the parties acknowledge as true and correct: a. Licensor is the owner of certain real property located in the City of Temecula and more particularly described in Exhibit A, which is attached hereto and incorporated herein as though set forth in full (hereafter "Property"); b. Prior to incorporation, a developer constructed the monument sign on a portion of the Property near the City boundary designating the major development and then changed to read "City of Temecula" upon incorporation (hereafter "Sign") for the promotion of the City and has maintained the sign since that time with the permission of the Licensor's predecessors; c. The parties desire to provide for the continued placement and maintenance of the sign on the Property. 2. Licensor hereby grants to Licensee a license to use a portion of the Property for the purpose of constructing and maintaining a monument sign reading "City of Temecula" and to come onto and cross over the Property in order to access the Sign for construction or maintenance. The Sign shall not exceed a height of 12 feet nor a length of 76 feet nor a width of 26 feet. The Sign shall not be moved from its present location on the Property without the written consent of the Licensor. 3. Licensee shall maintain the Sign in a neat and clean condition and shall repair damage to the Sign within ten (10) days of receipt of notice of damage. Licensee shall maintain the landscaping within seventy (70) feet of the Sign. Licensee shall be responsible for the costs of all lighting, landscaping, water, materials, repair and maintenance as required by this Paragraph. 4. Licensee agrees to indemnify and save harmless Licensor, its officers, officials, employees and volunteers, from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which the Licensor, its officers, officials, employees, and volunteers, may sustain or incur or which may be imposed upon them for injury to persons, death of persons or damages to property arising out of Licensee's negligent performance of the terms of this License, excepting only liability arising out of the negligence of the Licensor. 5. Any notices which either party may desire to give to the other party under this Agreement must be in writing and must 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. Notice shall be effective upon personal service or one business day following deposit with a delivery service or the mail pursuant to this Paragraph. To Licensor: Margarita Canyon, LLC 27740 Jefferson, Suite 200 Temecula, California 92590 Attention: Jim Roberts, Manager Fred Grimes, Manager To Licensee: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6. This License shall be in effect for a period of fifteen (15) years from the date hereof, provided, however, that either party may terminate this License upon thirty (30) days prior written notice to the other. Upon termination of this License prior to the end of the term, Licensor shall be responsible for removal of the Sign from the Property. ///// IIIII IN WITNESS WHEREOF, the parties hereto have entered into this License Agreement as of the date first above written. MARGARITA CANYON~ LLC //- Jim R6berts, Manager Fred Grimes, Manager CITY OF TEMECULA Patricia H. Birdsall, Mayor ATI'EST: By June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney R:\yasinobk\signl. EXHIBIT "A" AS SESSOR' S PARCEL NO. 922-210-047 35.36 acres more or less in portion of the Northeast 1/4 of Section i3 of Township 8 South, Range 3 West, City of Temecula, County of Riverside. ,TEME, Monument Sign Approx. Location 922-210-047 Z4 ! R\yaslno bkxmon ument. agr LICENSE AGREEMENT "CITY OF TEMECULA" MONUMENT SIGNS THIS LICENSE AGREEMENT is made and entered into as of ,1997 by and between Winchester Hills I LLC, a California limited liability company CLicensor"), and the City of Temecula, a public body, corporate and politic CLicensee"). For valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. This License Agreement is made with respect to the following facts and for the following purposes, each of which the parties acknowledge as true and correct: a. Licensor is the owner of certain real property located in the City of Temecula and more particularly described in Exhibit A, which is attached hereto and incorporated herein as though set forth in full (hereafter "Property"); b. Prior to incorporation, a developer constructed the monument sign on a portion of the Property near the City boundary designating a major development. Upon City incorporation, the sign was changed to read "City of Temecula" (hereafter "Sign") for the promotion of the City. c. For the period of time from April 10, 1990 to April 9, 1991, the Licensee maintained the sign under a previous License Agreement by and between the Licensee and the former owner of the Property and the Sign. d. The parties desire to provide for the continued use and maintenance of the sign in its current location on the Property. 2. Licensor hereby grants to Licensee a license to use a portion of the Property for the purpose of rehabilitating and maintaining the existing illuminated sign reading "City of Temecula" and to come onto and cross over the Property in a mutually acceptable location in order to access the Sign for rehabilitation or maintenance. The Sign shall not be moved from or modified in its present location on the Property without the written consent of the Licensor, said consent shall not be unreasonably withheld. 3. Licensee shall maintain the Sign in a neat and clean condition and shall repair damage to the Sign within ten (10) days of receipt of notice of damage. Licensee shall maintain the landscaping within seventy (70) feet of the Sign. Licensee shall be responsible for the costs of all lighting, landscaping, water, materials, repair and maintenance as required by this Paragraph. r:kruscp~aign2. -- 1 -- 4. Licensee agrees to indemnify and save harmless Licensor, its officers, officials, employees and volunteers, from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which the Licensor, its officers, officials, employees, and volunteers, may sustain or incur or which may be imposed upon them for injury to persons, death of persons or damages to property arising out of Licensee's performance of the terms of this License, excepting only liability arising out of the negligence of the Licensor. 5. Any notices which either party may desire to give to the other party under this Agreement must be in writing and must 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. Notice shall be effective upon personal service or one business day following deposit with a delivery service or the mail pursuant to this Paragraph. To Licensor: Winchester Hill I, LLC 417 Carmel Street, Suite 200 San Marcos, California 92069-4368 Attention: Stephen Bieri, Manager To Licensee: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager 6. This License shall be in effect for a period of fifteen (15) years from the date hereof, provided, however, that either party may in their sole, absolute and unfettered discretion terminate this License upon ninety (90) days prior written notice to the other. Upon termination of this License prior to the end of the term, Licensec shall not be responsible for removal of the Sign from the Property. ///// IIIII r:\mscp~sign2. -- 2 -- IN WITNESS WHEREOF, the parties hereto have entered into this License Agreement as of the date first above written. /~~71~ ESTER HILLS_~ I, LLC ephen Bieri, Manager City of Temecula Patricia H. Birdsall, MJyor ATTEST: By June S. Greek City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney r:\rmep~ign.2. 3 EX.HIBIT "A" ASSESSOR.'$ PARCEL NO. 9 I0-261-001 That certain portion o~' land situated in thc C~ty o~ Teme~ul~ County more pm~icut~ly described as 3.30 acres, more or l~s~, h a po~on of Lot 110 of Map Book 008/359, in ~e O~co of'the County Recordre' of' S~ Diegn Monument Sign )rox. Location 910-261~001 ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager July 8, 1 997 Restriction on Mexican Trucks Entering California PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council approve the following Resolution: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE LOS ANGELES CITY COUNCIL'S APPEAL TO THE PRESIDENT OF THE UNITED STATES TO RESTRICT MEXICAN TRUCKS FROM ENTERING THE STATE OF CALIFORNIA. BACKGROUND: In January 1996, the U.S. Congress delayed the implementation of North American Free Trade Agreement (NAFTA) provisions which would allow Mexican motor carriers to operate anywhere in the bordering states of California, New Mexico, Arizona, and Texas. This decision was delayed based on safety and security issues affecting the United States and her citizens. These issues included, but are not limited to, the following: A. Limited border inspections reveal serious ongoing safety problems: Approximately 25% of Mexican trucks entering the United States carry hazardous materials, often improperly loaded and mislabeled. Only 1 in 100 trucks entering the United States at the Laredo, Texas, the busiest border crossing, is inspected. Half of those inspected are ordered out of service for safety violations such as bald tires, cracked frames, missing lug nuts, and unqualified drivers. B. Wide differences in U.S. and Mexican standards: Mexican drivers do not log their hours of driving and rest. U.S. drivers must account for three full days before driving a truck and then cannot drive more than 10 hours per day. Mexico allows much heavier trucks. Without weighing most trucks at the border, U.S. roads will accumulate severe damage requiring costly repairs, and public safety will decrease. In view of the differences in standards, declarations that foreign carriers must comply with U.S. law are meaningless without competent oversight and agreement on comprehensive standards. On March 4, 1997, the Los Angeles City Council passed a Resolution expressing its opposition to lifting existing restrictions on Mexican trucks, and urging President Clinton to maintain the current U.S. policy on trucking. This Resolution was forwarded to the City of Temecula under a cover letter from the Joint Council of Teamsters No. 42. In their cover letter, this trucking lobby cites a letter from President Clinton which has been co-signed by 226 Members of Congress; a Resolution passed by the L.A. City Council; and, a copy of the California Assembly Joint Resolution No. 17 (pending) requesting that the President maintain current U.S. policy on trucking. The Teamsters have requested that the Temecula City Council adopt a resolution similar to the L.A. City Council Resolution, and forward a copy of the adopted resolution to their office to demonstrate an increase in support of this issue. FISCAL IMPACT: None. Attachment: Resolution No. 97- RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE LOS ANGELES CITY COUNCIL'S APPEAL TO THE PRESIDENT OF THE UNITED STATES TO RESTRICT MEXICAN TRUCKS FROM ENTERING THE STATE OF CALIFORNIA. WHEREAS, lifting the existing restrictions on Mexican trucks entering California would pose an immediate threat to highway safety, drug smuggling, and economic security of California citizens; and, WHEREAS, recent federal studies report that trucks entering the United States from Mexico are up to three times as old, up to twice as heavy, and frequently out of compliance with U.S. safety and environmental standards; and, WHEREAS, a recent study by U.S. General Accounting Office alleges that Mexico is the primary transit country for cocaine, and a primary source of heroin, marijuana, and methamphetamine entering the United States; and, WHEREAS, California truck drivers cannot fairly compete against companies that hire Mexican drivers for as little as $8 per day. NOW, THEREFORE, BE IT RESOLVED that the Temecula City Council hereby expresses its opposition to lifting the existing restrictions on Mexican trucks and urges President Clinton to maintain the current U.S. policy on trucking. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of July, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk ITEM 19 ORDINANCE 97-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON 1) WINCHESTER ROAD BETWEEN JEFFERSON AVENUE AND DIAZ ROAD 2) PAUBA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY 3) DIAZ ROAD BETWEEN RANCHO CALIFORNIA ROAD AND WINCHESTER ROAD 4) RANCHO VISTA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing prima facie speed limits within the City for certain streets, or parts of streets. WHEREAS, the City conducts engineering and traffic surveys on its roadways in order to determine the appropriate speed limit; WHEREAS, the engineering and traffic surveys on the segments of roadways designated in this Ordinance indicate that the speed limit should remain the same and, therefore, the intent of the Council is to re-affirm the speed limits given the new engineering and traffic study. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: "Name of Street and Portion Affected Winchester Road between Jefferson Avenue and Diaz Road Pauba Road between Ynez Road and Meadows Parkway Diaz Road between Rancho California Road and Winchester Road Ords/97-11 1 Declared Prima Facie Speed l,imit, Miles Per Hour 40 45 45 Rancho Vista Road between Ynez Road and Meadows Parkway 45 Except as specifically set forth in this Section 1, all other provisions of Section 10.28.010(d) shall remain in full force and effect. SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 5. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED APPROVED AND ADOPTED this 8th day of July, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk [SEAL] Ord s/97-11 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-11 was dully introduced and placed upon its first reading at a regular meeting of the City Council on the 10th day of June, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day of July, 1997, by the following vote: AYES: 0 C OUNCILMEMBERS: NOES: 0 C OUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk Ords/97-11 3 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD JUNE 10, 1997 A regular meeting of the Temecula Community Services District was called to order at 8:30 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: ABSENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, District Counsel Peter Thorson and District Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Lindemans, seconded by Director Birdsall, to approve Consent Calendar Item No. 1 as follows: 1. Minutes 1.1 Approve the minutes of May 27, 1997. The motion was unanimously carried. DIRECTOR OF COMMUNITY SERVICES REPORT Mr. Nelson thanked Julie Pelletier and her staff for their work on the 1997 Summer Activities Program brochure. GENERAL MANAGER'S REPORT Mr. Bradley invited everyone to attend the 4th of July parade and special activities including fireworks. BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Roberts, seconded by Director Ford, to adjourn at 8:34 PM to a meeting on June 24, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: Jeffrey E. Stone, President June S. Greek, CMC/AAE, City Clerk/District Secretary MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD JUNE 24, 1997 A regular meeting of the Temecula Community Services District was called to order at 9:25 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALl PRESENT: ABSENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSFNT CALFNDAR President Stone removed Item No. 1 from the Consent Calendar. It was moved by Director Birdsall, seconded by Director Roberts to approve Consent Calendar Items 2-8. The motion carried as follows: AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone None None Inclusion of Tracts into Service Level B (Residential Street Lighting) and Service C (Slol;)e Maintenance) for Fiscal Year 1997-98 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INTO EXISTING TCSD SERVICE LEVEL B SERVICE AREAS FOR PURPOSES OF ENERGIZING RESIDENTIAL STREET LIGHTS 2.2 Adopt a resolution entitled: r:\minutes.csd\O 11497 -1- .. RESOLUTION NO. CSD 97-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS WITHIN EXISTING TCSD SLOPE MAINTENANCE AREAS INTO SERVICE LEVEL C FOR PURPOSES OF MAINTAINING PERIMETER SLOPES AND LANDSCAPING Park Restroom Maintenance Contract 3.1 Approve Amendment of the Agreement with UA Woman's Touch Building Services" for park restroom maintenance services to include additional restroom facilities constructed during the first year of the agreement. 3.2 Approve a purchase order for $23,196 for maintenance services for Fiscal Year 1997-98. AcceDtance of Parkland/! andscal;)e Agreement for Tract No. ?8309 - S.R. Rroul~. !! C (Located on Nicolas Road, East of North General Kearney Road) 4.1 Accept the Agreement and Surety Bonds provided by the Developer to improve the perimeter slope and landscaping within Tract No. 28309 - S.R. Group, LLC. Accel;)tance of C)uitclaim for Slol~e Maintenance Areas: Tract No. 73175-1 (Located on De Portola Road, East of Butterfield Stage Road) 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE QUITCLAIM FROM THE CITY OF TEMECULA FOR PURPOSES OF MAINTAINING CERTAIN SLOPE AREAS WITHIN TRACT NO. 23125-3 5.2 Authorize the Secretary/City Clerk to record the Quitclaim document. Amendment No. I to Consultant Agreement for Landscal;)e Plan Check and Insl;)ection Services 6.1 Approve Amendment No. 1 for $10,000 with The Elliott Group for landscape plan check and inspection services. Aj~l;)roval of Co-ol)erative Agreement 7.1 Approve the Co-operative Agreement between the City of Temecula and the TCSD to provide for and finance the continued operation, maintenance and administration of the City's parks, recreation, and street lighting programs. r:\minutes.csd\O 11497 -2- Completion and Acceptance of the Acoustical Panels at the Community Recreation Center Gym. Project PW96-16CSD 8.1 Accept the Acoustical Panels at the Community Recreation Center (CRC) Gym, Project PW96-16CSD, as complete; 8.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 8.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Award TCSD Landscape Maintenance Contracts for FY 1997-98 Director of Community Services Shawn Nelson presented the staff report, requesting recommendation 1.1 be amended for a period of 45 calendar days beginning July 1, 1997, at a cost of $47,833. He explained there has been a problem regarding insurance and California Landscape has indicated this issue should be resolved within the next 30 days. City Attorney Thorson reported the insurance company for California Landscape has refused to accept the City's defense. He explained the terms of the contract will be changed to read, UThe City must approve any insurance program the Company chooses". It was moved by Director Birdsall, seconded by Director Lindemans to approve staff recommendation as follows: 1.1 Award contract of $47,833 to California Landscape Maintenance, Inc. to provide landscape maintenance services for sports parks, slopes (south), medians and facilities for a period of 45 calendar days beginning July 1, 1997. 1.2 Award contract of $213,288 to Excel Landscape Maintenance, Inc. to provide landscape maintenance services for slopes (north) and neighborhood parks for FY 1997/98. The motion was unanimously carried. DISTRICT BUSINESS 9 Review and ADproval of the FY 1997-98 Annual Operating Budget General Manager Ronald Bradley presented the staff report. It was moved by Director Birdsall, seconded by Director Ford to approve staff recommendation as follows: r:\minutes.csd\O 11497 -3- 9.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 1997-98 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS The motion was unanimously carried. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Shawn Nelson reported the new Parkview Fire Station will have its Grand Opening Ceremony on July 1, 1997 at 10:00 AM. GENERAL MANAGERS REPORT None given. BOARD OF DIRECTORS REPORTS President Stone reminded everyone to attend the July 4th celebrations, beginning with the parade and ending with fireworks at 9:00 PM. He reminded the public to tune their radios to KRTM 88.9. ADJOURNMENT It was moved by Director Birdsall, seconded by Director Ford to adjourn at 9:34 PM to a meeting on July 8, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Jeff Stone, President ATTEST: June S. Greek, CMC/AAE, City Clerk/ District Secretary r:\minute$.csd\O11497 -4- ITEM 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT Board of Directors Executive Director City Clerk/Director of Support Services July 8, 1997 Ratification of Election Results RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. TCSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JULY 1, 1997 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. BACKGROUND: At the meeting of May 13, 1997, the Board of Directors adopted Resolution No. 97-05, which called for a Special Election to be held among the property owners of the parcels within tracts No. 20643, 20644, 22203, 22204, 22760, 22761, and 22762, known as Rancho Highlands to obtain approval for an increase in Service Level C rates and charges for fiscal year 1 997-98. This election was conducted by mail with a final date for acceptance of ballots to be no later than 5 p.m. on June 30, 1997. At ,5 p.m. on that date, the City Clerk acting in her capacity as the City's Election Official and as the Secretary of the Board of Directors of the Temecula Community Services District declared the receipt period for receiving ballots closed. On the following day, July 1, 1997 at 2:30 p.m., the Elections Canvassing Board duly appointed and consisting of Secretary Rose Perea, Deputy City Clerk Susan Jones and City Clerk June Greek conducted the canvass of the results. The results of the votes cast, returned within the time allowed, and counted publicly are included within the body of the proposed resolution. R:\agenda.rpt\MurrCrek:apt 1 Temecula Community Services District - Rancho Highlands Election Results July 8, 1998 Page 2. Staff recommends adoption of the resolution ratifying the results of this election. FISCAL IMPACT: There is no direct fiscal impact as a consequence of the ratification of the election results. The fiscal impacts of adding the area to Service Level C are covered in the Staff Report contained in the Community Services District agenda under item No. 3. R:~agenda.r pt\results-ranchohichlands 2 RESOLUTION NO. TCSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON JUNE 30, 1997 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Mail-in Ballot Election was held and conducted in the City of Temecula, California, on Tuesday, June 30, 1997, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that the purpose of the special election was for the purpose of obtaining approval by property owners within Tract Nos. 20643, 20644, 22203, 22204, 22760, 22761, and 22762 in Rancho Highlands was properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and WHEREAS, pursuant to Resolution No. CSD 97-05, adopted May 13, 1997, the ballots were returned to the office of the City Clerk/Secretary of the Temecula Community Services District; the results were received, canvassed in public and are herein attached and made a part hereof as "Exhibit A." NOW THEREFORE, THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of ballots cast in the homeowners election was 266 and the whole number of provisional ballots cast in the election was one (1). Section 2. That the results of the proposed increase in the annual levy of Service Level C rates and charges from $46.00 to $116.00 on the parcel identified on the ballot were as follows: Yes No Incomplete 185 67 17 Section 4. THE Board of Directors of the Temecula Community Services District does declare and determine that as a result of the election, a majority of the voters voting on the Resos.97\elect-results 1 measure relating to the increase in Service Level C Rates and Charges for Fiscal Year 1997-98 pursuant to Article XIIID, Section 6 of the California Constitution, did vote in favor of the measure and that the measure was carried, and shall be deemed adopted and ratified. Section 5. THE City Clerk/Secretary of the Temecula Community Services District (TCSD) shall enter in the minutes of the TCSD Board of Directors, a statement of the result of the election, showing: (1) THE whole number of ballots cast in the City; (2) THE votes in favor, (3) THE votes in opposition and (4) Those received incomplete. Section 7. THE City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 8th day of July, 1997. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk/Secretary [SEAL] Resos.97\elect-results 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. TCSD 97- was duly adopted at a regular meeting of the Temecula Community Services District on the 8th day of June, 1997 by the following roll call vote. AYES: 0 DIRECTOR: NOES: 0 DIRECTOR: ABSENT: 0 DIRECTOR: June S. Greek, CMC/AAE City Clerk/Secretary Resos.97\elect-results 3 ITEM 3 CITY ATTORNEY D RECTOR OF CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: July 8, 1997 SUBJECT: PREPARED BY: RECOMMENDATION: Acceptance of Easement Document for Slope Maintenance Purposes, Rancho Highlands (West Side of Ynez Road at Rancho Vista Road) ~l~eryl Yasinosky, Development Services Analyst That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE EASEMENT DOCUMENT FOR PURPOSES OF MAINTAINING CERTAIN LANDSCAPE/SLOPE AREAS WITHIN THE RANCHO HIGHLANDS DEVELOPMENT. 2. Authorize the Secretary/City Clerk to record the easement document. Appropriate $28,560 to the TCSD Service Level C budget for FY 1997-98, per the attached schedule. .. Increase the estimated Service Level C Rate and Charge levy revenue amount by $28,560, per the attached schedule. BACKGROUND: Pursuant to the request of the Rancho Highlands Community Association, staff initiated proceedings to assume maintenance of an additional 3.98 acres of slope and parkway landscaping beginning Fiscal Year 1997-98. Located on the west side of Ynez Road at Rancho Vista Road, the subject area has been constructed to TCSD standards and is the only remaining perimeter slope within the Rancho Highlands development that is not currently maintained by the TCSD through Service Level C. r:\yasinobk\22761..Ip 062497 Staff also determined that the inclusion of the additional slope area would necessitate an increase from the existing rate and charge of $46.00 (Rate Level 1) to $116.00 (Rate Level 3). In accordance with Proposition 218, the Board of Directors called for an election to determine if a majority of property owners within Rancho Highlands approved of the proposed increase. On June 30, 1997, an election was held and a majority of the property owners within the Rancho Highlands development approved the increased parcel charge of $116.00. As a result, the Rancho Highlands Community Association has granted an easement to the TCSD in order to assume maintenance of the aforementioned slope and landscaped parkway area beginning Fiscal Year 1997-98. However, on May 13, 1997, the Board of Directors approved the FY 1997-98 Rates and Charges for slope maintenance within Rancho Highlands at the existing, pre-election charge of $46.00 (Rate Level 1) per parcel. Pursuant to the transfer of the Rancho Highlands development from Rate Level 1 ($46.00 per parcel) to Rate Level 3 ($116.00 per parcel), staff is requesting that the Board of Directors amend the FY 1997-98 Service Level C budget to identify the inclusion of the additional slope acreage. FISCAL IMPACT: Upon acceptance of the aforementioned easement document, the TCSD levy of $116.00 (Rate Level 3) per parcel will result in an increase of $28,560 in Service Level C revenue beginning FY 1997-98. This revenue will provide for the long-term maintenance and repairs of additional perimeter slope and landscaped areas within the Rancho Highlands development. ATTACHMENTS: Resolution to Accept Easement Deed. Copy of Easement Deed. Budget Adjustment Schedule. r:\yasinobk\2276 l.slp 062497 RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING THE EASEMENT DOCUMENT FOR PURPOSES OF MAINTAINING CERTAIN LANDSCAPE/SLOPE AREAS WITHIN THE RANCHO HIGHLANDS DEVELOPMENT. 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. The Rancho Highlands Community Association has provided the Temecula Community Services District with an easement document for slope and landscape maintenance purposes; and, The Temecula Community Services District has accepted the slope and parkway landscape improvements as complete; and, C. The Temecula Community Services District is the authorized legislative body to accept the offers of dedication for public slope and landscape maintenance easements within the City of Temecula. Section 2. The Board of Directors of the Temecula Community Services District hereby accepts the offer of said slope improvements from the Rancho Highlands Community Association, as follows: A. That pursuant to Government Code Section 66477.2(a), the Board of Directors accepts the offer of said easement from the Rancho Highlands Community Association over that area more particularly described in Exhibit "A" and attached hereto and incorporated into this resolution by reference. B. That this acceptance is for the express purpose of maintaining, operating, altering, repairing, and replacing equipment and landscaping within he boundaries identified in Exhibit "A" 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 easement, then such easement may be terminated, abandoned and extinguished by appropriate express action and thereafter, upon the giving and recording of notice to interested parties, maintenance of the slope and landscape areas shall become the responsibility of the then current owner of the respective underlying property. r:\yasinobk\22761.slp 062497 Section 3. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 8th of July, 1997. Jeffrey E. Stone, President ATTEST: June S. Greek, Secretary/City Clerk [Seal] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, Secretary for the Temecula Community Services District, do hereby certify that Resolution No. CSD 97- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 8th of July, 1997, by the following vote: AYES: NOES: ABSENT: ABSTAIN: BOARD MEMBERS BOARD MEMBERS BOARD MEMBERS BOARD MEMBERS r:\yasinobk\22761.slp 062497 EXHIBIT "A" RESOLUTION NO. CSD 97- Rancho Highlands Development The land referred to in this Exhibit is situated in the State of California, County of Riverside, City of Temecula and is described as follows: Open Space Lot Number 81 of Tract Number 22761, as shown by Map on file in Book 240, Pages 1 through 9 of Maps, records of Riverside County, California. r:\yas~nobk\22761 .sip 062497 Community Sewices Department FY 1997/98 Budget Service Level C Fund 193-180 OPERATIONS AND MAINTENANCE EXPENDITURES Account Number Description/Justification 5100 Salaries and Benefits Regular Employees Project Empolyees 5121 Overtime 5212 Maintenance & Repairs of Facilities - Landscape 5231 Property Tax Admin Fee 5240 Utilities - Slopes 5248 Consulting Services - Plan Check 5256 Public Notice 5340 Information Systems 5415 Landscape Maintenance (to be offset with user fees) 06/27/97 10:40 AM rusep~971ev-c2 Approved Proposed 1997198 Budget Difference Budget Adjustments 90,212 90,212 0 8,203 8,203 0 500 500 0 49,500 50,500 1,000 850 850 0 128,500 135,300 6,800 5,000 5,000 0 0 3,000 3,000 0 16,765 16,765 0 268,720 289,480 20,760 0 571,250 599,810 28,560 REVENUE ANALYSIS Plan Check/Inspections Interest Fund Balance SERVICELEVELC REVENUE SOURCE Levy Rate(s) Approved Proposed 1997~98 Revenue Difference Revenues Adjustments 5,000 5,000 0 9,000 9,000 0 14,000 14,000 0 28,354 28,354 0 42,354 42,354 0 46.00 89.00 118.00 175.00 46.00 89.00 116.00 175.00 EDU/Parcel Count(s) 1,401 1,058 1,243 1,292 993 1,058 1,651 1,292 (408) 0 408 0 Total Levy Total Revenue Total Expenditures 528,896 571,250 571,250 557,456 599,810 599,810 28,560 28,560 28,560 Recorded at request of and return to: CITY CLERKS DEPARTMENT CITY OF TEMECULA 43174 BUSINESS PARK DRIVE TEMECULA, CA 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: Project: IRREVOCABLE OFFER TO DEDICATE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RANCHO HIGHLANDS COMMUNITY ASSOCIATION (" Grantor"), hereby irrevocably offers to dedicate to the Temecula Community Services District ("Grantee"), 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 Exhibit "A" attached hereto, which is incorporated herein by this reference (the "Easement Area"). If GRANTEE, 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 GRANTOR, with all covenants and agreements of this easement extending to and becoming obligations of all heirs, executors, administrators, successors and assigns of the GRANTOR. GRANTOR STATE OF CALIFORNIA COUNTY OF RIVERSIDE On ~ - ~IED , 1997, before me, the undersigned, a Notary Public in and for the State of California, personally appeared ~ '-~', I ~'- hlt:L/~- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(~-) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/F. er/'~¢'~r authorized capacity(-ies-), and that by his/her/their signature(s-) on the instrument the person~) or the entity on behalf of which person(~ acted, executed the instrument. WITNESS my hand and official seal. Notary ~ ~ t '~~,~ Notary PuDII¢ ~ Callfoffikl · ~l ~X,.~/ ~versicto County · ~ My Corem, Expires Dec 11o19~ CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed within the Irrevocable Offer to Dedicate dated from Rancho Highlands Community Association to the Temecula Community Services District, Temecula, California, County of Riverside, State of California, a body corporate and politic, is hereby accepted by order of the Board of Directors made on , and the grantee consents to the recordation thereof by its duly authorized officer. Dated Secretary/City Clerk EXHIBIT "A" The land referred to in this Offer to Dedicate is situated in the State of California, County of Riverside, City of Temecula, and is described as follows: Open Space Lot 81 of Tract 22761 as shown by Map on file in Book 240, Pages 1-9 of Maps, Records of Riverside County, California excepting that portion of Lot 81 known as Rancho Highlands Lot 81 Lawn Area as the same consists of a roughly triangular portion of land with all improvements thereon as the same is located at the corner of Preece Lane and Ynez Road in the City of Temecula and which is more particularly shown marked green on the plan annexed hereto. [ RESOLUTION WHEREAS, the Board of Directors of Rancho Highlands Community Association (hereinafter "the Board") is charged with the responsibility for the administration and management of the affairs of the Association; and WHEREAS, the Board is granted the authority to convey easements belonging to the Association to the County Service Area #143, pursuant to Article V of the Covenants, Conditions and Restrictions of Rancho Highlands Community Association (hereinafter "CC&Rs"); and WHEREAS, the City of Temecula, California, is the successor- in-interest to the County Service Area #143; and WHEREAS, the Rancho Highlands Community Association desires to irrevocably dedicate to the City of Temecula, California, easements for the purpose of maintaining, operating, altering, repairing and replacing equipment and landscaping over and within that certain real property described as Lot 81 of Tract 22761 and as described in the "Irrevocable Offer to Dedicate" attached to this resolution, marked Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Board has the authority to dedicate the real property described in Exhibit "A" to the City of Temecula, California, under Article V of the CC&Rs; NOW THEREFORE BE IT RESOLVED, that Rancho Highlands Community Association hereby irrevocably offers to dedicate to the City of Temecula, California, easements and rights-of-way over real property, described in Exhibit "A" to this resolution, for the purpose of maintaining, operating, altering, repairing and replacing equipment and landscaping over and within the boundaries of the easements described in Exhibit "A". The foregoing resolution of Rancho Highlands Community Association was passed by the Board of Directors of Rancho gh~l ands Community Association at its meeting held on , 1997. ~_e ,-f~'- of the Board of Directors C :\CLIENTS0\MISC\703001 \RESO I~I'EM 4 APPRO CITY ATTORNEY DIRECTOR OF FINAI~.E.//~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: July 8, 1997 SUBJECT: Reduction of Landscape Bond - Tract No. 23125-3 (De Portola Road at Butterfield Stage Road) PREPARED BY: ~ ~eryl Yasinosky, Development Services Analyst RECOMMENDATION: That the Board of Directors: 1. Authorize the reduction of the Parkland/Landscape Faithful Performance Bonds to a 10% warranty amount of 910,550 for Tract No 23125-3 - Kaufman & Broad of San Diego, 2. Direct the Secretary/City Clerk to notify the Developer and the Surety. BACKGROUND: On January 24, 1995, the Board of Directors entered into a Parkland/Landscape Agreement with: Kaufman & Broad of San Diego, Inc. 12626 High Bluff Drive, Suite 400 San Diego, CA 92130 for the improvement of perimeter slope and landscape areas within Tract No. 23125-3. Accompanying the parkland agreement were surety bonds issued jointly by American Casualty Company of Pennsylvania and the American Insurance Company, as follows: AMCAS Faithful Performance Bond No. 137714384 in the amount of 952,750. AIC Faithful Performance Bond No. 11133167111 in the amount of 952,750. 2. AMCAS Labor and Materials Bond No. 137714384 in the amount of 926,500. AIC Labor and Materials Bond No. 11133167111 in the amount of 926~500. On June 24, 1997, the Board of Directors accepted the perimeter slope and landscape improvements into the TCSD landscape maintenance program beginning Fiscal Year 1997-98. The slope areas have been constructed to the satisfaction of the TCSD Maintenance Superintendent. r:\ya~inobk\23125 -3 .bnd 012495 Therefore, staff is recommending that the respective faithful performance bonds for Tract No. 23125-3 be reduced to a 10% warranty of $5,275 each, or a total warranty amount of $10,550. This amount shall be retained for a period of one year or until any claims filed during the warranty period have been settledo 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: None. ATTACHMENTS: 1. Copy of Faithful Performance Bonds. r: \yasinobk\23125-3.bnd 012495 -' BOND NO. 137714384 - AMCAS CITY OF~CULA 11133167111 - AIC PREMIUM: $607.00 PARKLAND/LANDSCAPE FAITIiFULPEILFORMakNCE BOND ~S, the City of Temecula, State of California, and Kaufman and Broad of San Diego, Inc. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain parkland Improvements, which said Agreement, dated January 24, 19 9~ and identified as Project Parkway in Tract 23125-3 , is hereby referred to and made a part hereof; and ~S, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; RICAN CA,qUAI.T¥ COMPANYOFREADING, PENNSYLVANIA AND AMERICAN INSURANUE COMPANY,_ NOW, THEREFOg, we the Principal and as ~rBty, are held and firrnly bound unto the City of Temecula, California, in the penal sum of $ lO5,So0 , 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, join fly and severally. The 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, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein pr0v[ded, on Ms or their part, to be kept and performed at the time and in the manner therein specified, and in all. respects according to his or their true intent and meaning, and shall indemnify and save hang_less the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The 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 change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. III III III III III III III III III III III III 2 IN WITNESS WI4~.REOF, this instrument has been duly executed by the Principal and Surety above named, on December 27 , 1994 (Seal) (sea~) SURETY w^x~*^- Bond Liability ATTORNEY- IN-FACT (Title) SU~ AMERICAN II~SURANCE COMPANY PAMELA L o STOCKS ATTORNEY- IN-FACT KAUFMAN AN~AD OF SAN DIEGO, (). Rob~r~ M~ ~me) Assistant Secretary (Title) INC. APPROVlX. D AS TO FORM: Peter Thorson City. Attorney 3 A E R! STATE OF CALIFORNIA COUNTY OF San Diego On December 28, 1994 , before me, Rosa C. Brown , personally appeared Robert Mincer and John Fulbright , pef~n'a+ly-kvr~~e (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 I~/ef'4~they executed the same in his/her/their authorized capacity(ies), and that by~/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha~nd official seal. Signatur~~ ~,~~~~ (This area for official notarial seal) Title of Document Parkland/Landscape Faithful Performance Bond Date of Document No. of Pages 7 Other signatures not acknowledged none 3008 (1;94) (General) First American Title Insurance Cornpan,/ Amerl'c.e.n Ce_sualt¥ Cornpiny of Rei(sing, I'enns¥1vanl~ ~ All IJw C'44~ m Itm~ntl Yc~ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Itaow All Mea bI Ihese Prisanit, TIll AUERiCAN CASUALTY COMPANY OF READING. PENNSYLVANIA, l c~'po~ahon duly o~lan,zed end existing un<~ t~ I~ws of the Co~monwfi~h of Penns~an4. and havin~ ~ts Ix,nc~! o~',ce m the C4)' of Ch,cato. and Stateoflnir~t.d<~the.ebymake, co~st4uteendapix>int Jean L. Millcox, ~esley R, Downey, Pamela L. Jacobs, J ~rry ~. O'Oonne]l. Individually ~ ~os Ange]es, California ~s tr~ a~ b~ul Att~.m.F~ct w~h ~ ~er a~ ~ut~it~ hereby ~ferred to sil.. ~al a~ excuse · ~s ~h~ff ~s. u~eda~s ~ ~her O~,&at~ instruments ~ simi~r Mture - [n Unlimited A~unts - ired to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby is fu~/and to the same e,lenl es if such in$1rumenls were s,lned by the duly author,zeal off<Its of AMERICAN CASUALTY COUPANY OF READING. PENNSYLVANIA and all the acts Of laid Attorney. pursuant to the, authority hereby given are hereby ratified and confirmed. This Power el Attorney ,S made and e~ecuted pursuant to and by autho(Ry of the followin~ By. Law duly adopied by the Board of O,~ectorl, of the, Company:. 'A/ficle ln-!:iecutlon of 0b!Tgafion. s and Appointmen! of Attorney.ln*F,KI S~t,o~ 2 A~pomtment of Attohey. re.fact. The Presscleat or V<e President may. from time to time. aj:~nt ~ written certifY. ares in.feel to act m behalf of the COmpany ,n the execut,On of pol¢~es of insurinal. bonds. undedakinis an~l ~her obligetoO' instruments of like ~,lture Such attorneys.m-fact. $ubj4%*1 to the kmitetK~S s~t forth in the~' respectwe ¢ed,f,cates of authordy, thaff hive furl power !o l~nd the Coa'nl~lny by the,r ttgn,lture end execvl~on of any such instruments and to attach the laef of the Cornpiny theretO. The President M any V~ce Pres<~nt or the Board of D,rectors may it any t~me revoke all power and eutho~ity previousl,/g,ven to any attornty.in.fKt." Th~S Power of Attorney ~ ti~necl end tealed by facsimile under and by the authority Of the IonlOw,hi Resolut,on adopted by the Board D,~ect~'$ Of the Company at a mtet.q duly called and held on the llth day Of Novlint>It. · 'Resolved. that the s,g~ture Of the President or ~ Vee P~es~nt &nd the sell of the Co~n~ny may IX Iff, xed ~ bcsimila ~t try' power of attorney Ironted pursuant to ,~,ct~on 2 Of A..I<~ Vl of the By. Laws. and the sil~ture M the ,~.Kratary M an Assistant ,~crelary and the seal _of the Co~. p~.ny.m~_~, ~ aff, xed ~ fet~n,l~ to_any cad,f.~Jle of eny such ~ower. and e~y power or cert,fkate I~ar,r~ Such facs,m,le tad f~ealed shell. wdh respect I0 any bond or undertal,.,n~ tO wh<h d ~ ~tteched. continut to bt valid lad I~'~d,ng on the Cornpiny.' In Witness Whereof, AMERICAN CASUALTY COMPANY.OF. READING. PENNSYLV&NIA.has ~used these presents to IX ' County Of Cook t St J. E. Punen V<e Present. o,, m,, 6th day o~ September . ]9...,9.~. IXfore me rtonaa,/came J. E Purlell. Io me known. who. t~,n~ by me duly sworn. (:lid dapo~ and uy: that he reS~es ,n the V, Itage ol Glenv,ew. State of I~Pe, n~t; that he · V,ce-P~es,de~t o~ AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. the coqx~at,~n Clescr,ix~ ,n Ihe whgh ezeculed the above ,nstrument. that he knOwS the seat _OI U,d Co~lx~at~on: that the teat e11,xed to the said ,nstrument i~ S~h corporate seel. tl~t 4 wes so p~rsuln. l to avthoa'ay liven by the ~rd of D,recto~s of S,l~d COrp~'It<)~ lad 11%11 he s,8r~cl h,s ~me thereto p~rsuant tO like lulhordy. ~ck~wseoses same tO be the act and deed ~ said co~porat~n. CERTU:ICATE I~ Commission i~xii;e$ XovJ; I, Oeo~ge R. Hobaugh, A~$1stant $e~ret&'y of AMERICAN GASUALTY GOMPANY OF' READIN0, PENNSYLVANIA, do Cedl~ I!~! the POW~ of Attorney hexeln above ~t forth I~ atlll In Iorce, I~d furher Cmllfy that ~ectlOn ~ Of Ad, k;le VI of the B'/4Jwl of the Gompa~ taxi the of Ih~ ~oafd ol Directors. let forth In laid POWM ol Allocne¥ ~'l Ill11 In fo¢ce.~ln test!toDay wh~eof I I~v~ he~eu.Qtp eubscrlt>ed my name ~nd lffixl<l IM I~1 M the laid Company thio 27 th day Of uecemDer ,llt~ .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles OR December 27, 1994 DATE personally appeared before me, RUTH L. YATES NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" PAMELA L. JACOBS 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/aM subscribed to the within instrument and ac- knowledged to me that z"~e/she/t~ executed the same in .~&s/her/t~x authorized capacity(ies), and that by ~',Js/her~r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ¢.....:~ RUTH L.. YATES '7//l,~J'f{%~%\ COM M. ,, 1007995 WIT~.S my hand and official seal. 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 [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERIS REPRESENTING: NAMEOFPERSON(S) ORENTI~(IES) AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 GENEP..AL POWER OF Ai~rORNEY THE AMERICAN INSURANCE COMPANY KNOV( ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of ~hc State o1' New .Icrsey on February 20, 1846, and redomesticated to the State of Nebraska on June I, 1990. and having its principal office in the Cily of Omaha, State ol Nebraska. has made, constituted and appointed, and does by these presents make, constilutc and appoint --- PAMELA L. STOCKS --- PASADENA CA its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ __ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s}-in-Fact may do in the premise~. This power of attorney is granted pursuant to Article VI I, Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VH. Appointment ~nd Authority of Resident Secretaries, A ttorneys.in-Fact and Agents to accept Legs! Proces~ and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and acl for and on behalf of the Corporation and Agents to accept legal proce~ and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys-in-Fact and Agents shall be as prescribed in the inslrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and saic'l Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto. by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation'.' IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto aff~xed this 15th dayof August , 19 94 . STATE OF CALIFORNIA COUNTY OF MARIN By THE AMERICAN INSURANCE COMPANY M. A. Mallonee Onthis I 5t'hdayof A-gt(~t , 19 q/, . before me personally came , to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal aft'uced to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and aff'txed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER Nota~ PuNic -- California MARIN COUNTY My C<~'nm. Exp. MAR 20,1995 STATE OF CALIFORNIA COUNTY OF MARIN CERTIFICATE I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Arlicle VII, Sections 45 and 46 of ~ he By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 27th dayof December . 1994 Resident Assis~m Secrelm'y 360711 ~TA-8-93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On December 27, 1994 DATE personally appeared before me, Pamela L. Stocks Ruth L. Yates NAME, TITLE OF OFFICER- E.G. "JANE DOE, NOTARY PUBLIC' 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/Ta~:b subscribed to the within instrument and ac- knowledged to me that:,f'~/she/~, executed the same in J~/her/t~r~j~ authorized capacity(ies), and that by [~/her~ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WlTNj,ES~ my hand and official seal. 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 [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT [] PARTNER(S) [] A-FrORNEY-IN-FACT [] TRUSTEE(S) TITLE(S) [] LIMITED [] GENERAL [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THF, AMERICAN INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 ITEM 5 APPRO~,. CITY ATTORNEY DIRECTOR OF FINAJ~ICE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: July 8, 1997 SUBJECT: PREPARED BY: RECOMMENDATION: Release of Warranty Bond for Slope Improvements - Tract No. 22916-3 (Located within Vintage Hills at the northwest corner of Butterfield Stage Road and Pauba Road) ~ ~eryl Yasinosky~ Development Services Analyst That the Board of Directors: Authorize the release of the warranty bond amount of $15,850 for the construction of slope and landscaped areas within 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, 1993, 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. 22916-3, as follows: Faithful Performance Bond No. 3SM 802 565 00 in the amount of 9158,500. On June 25, 1996, the Board of Directors accepted the perimeter slope areas along Butterfield Stage Road and Pauba Road into the TCSD landscape maintenance program beginning FY 1996- 97. On July 9, 1996, the Board of Directors reduced the Faithful Performance Bond to a 10% warranty amount of 815,850 for a period of one year. The TCSD Maintenance Superintendent has verified that all obligations by the developer for the construction of the slope and landscape improvements have been satisfied. ~n addition, the Planning Department has determined all interior HOA and private landscaping requirements within the tract have been completed. Therefore, staff is recommending a complete exoneration of the remaining warranty bond amount. FISCAL IMPACT: None. R:\yasinobk\22916-3b ,dex 070897 ATTACHMENTS: Copy of Bond. Clearance from Planning Department. R:\yasmobk\22916-3b.d~x 070897 CITY OF TEMECULA EROSION CONTROL, LANDSCAPE AND IRRIC, ATION FAITHFUL PERFORMANCE BOND 3aM 8O2 565 00 $2,378.00/2 YRS WHEREAS. the City of Temecula. State of California, and Costain Homes, Inc. (hereinafter designated as "Princil=at" ] have entered into an agreement whereby Principal agrees to install and complete certain designated agreement, dated r. rosion ControL, Landscape & Irrigation Tract No. 22916-J made a part hereof: and WHEREAS, Principal Is required under the terms of the agreement to furnish a bond for the FaithTul Performance of the agreement: public improvements. which said · lg , and identified as Project · is hereby referred to and American Motorists NOW, THEREFORI::, we the Principal end Insurance Company as surety· are held and firmly bound unto the City of Temecula. California. in the penal sum of $ 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 truly to be made. we bind ourselves. our heirs, successors. executors and admlnistretor~, jointly and severally. The condition of this obligation ta such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors. administrators, sur. cassorso or assigns, shall in all things stand 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 F~S\F.~'? Ki~ton Keller, Attorney In Fact (Name) PRI. ;PAL Costain Homes, Inc. JuIie Newcomb Hill I Name) President and Chief Executive Officer ( Title t Brent C. Anderson (Name) ALL-PURPOSE ACKNOWLEDGMENT ~,o ~ State of C13unty of On CALIFORNIA LOS ANGELES before me, EIMB~Y A. BADARACCO, A NOTARY PUBL;IC DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' CAPACITY CLAIMED BY SIGNER pa. sonally appeared KIPTON ICI~:I'.T.Elt NAMEIS) 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 signature(s) on the instrument the Demon(s), orthe entity upon behalf of which the person(s) SIGNATURE OF NOTARY ~ INDIVIDUAL(S) [] CORPORATE OFFICER(S) TITLE(S) [] PARTNER(S) ~ ATTORNEY-IN-FACT 1-'I TRUSTEE(S} [] SUBSCRIBING WITNESS [] GUARDIAN/CONSERVATOR [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY{IES) AMERICAN MOTORISTS I~ISIIRANCE COt~Ab'-~ ATTENTION NOTARY: Although the informat~on requested below is OPTIONAL, it coul0 prevent fraudulent altachrnent of this certificate to unauthorized clocument. THIS CERTIFICATE Title or Type of Document BO]fD MUST BE A'i-I'ACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above xxxxxxxxxxxxxxxxxxxx © 1991 NATIONAl, NOTARY ASSOCIATION · 8236 Rommel Ave, · PO. Box 7184 · Canoga Pink. CA 91304~7184 F~qNS\ENGT Kioton Keller, Attorney In Face (Neme) PRI, iPA/ Cosgain Homes, Inc. JuIie Newcomb Hill I Name) Presidemt and Chief F-xecutive Officer (Tltle) Brent C. Anderson (Ninny) Vice Presidemt/Chief Financial Off£cer ('1 ;tie) APPROVED AS TO FORM: $C01T F. FIELD City Attorney FORI~S\£NGT AM~R/CAN MOTOl~ISTS INS~CE CON[PANY Home Office: Lofts Gr~va, IL 600~9 PO1~n~ oP ATTOR_NEY Know ~ Men By ~ese Presents: KipCon Keller of Los ~eles, Califo~ia ~****~*****A* its tru~ ned lawful agent(s) Bed ettor~ey(s)-in-fect, to mmke, execute, s~ml, mnd deliver during the period begir~ing with the dmte of issuance of this power and ending December $1, 199~, unless sooner revoked for mnd its behalf as surety, ned es its mot mnd ckmd: Any and all bonds and undertakinMsprovided the amount of no one bond or undertakin~ exceeas TWO MILLION FIVE HUNDRED THOUSAND DOT.T.ARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal a~d deliver ~y bond or und. rtaking whia guarantees th payment or collection of any promissory note, check, draft or letter of credit. This authorit~ does not permit the sa.. obligation to b. split into two or sore bonds in o?der to bring each bond within the dollar limit of authority es sat forth herein. This appointment say b* ~voked at ~y tin by the As. ric~ Motorists Insur~mo~ · h~ exemption of ~ bonds ~nd artskings in purs~mr~.~ of these presents shill be as binding upo~ the American Motorists lnsurlr~e Company as fully and amply to all intents and purposes, as if the same had been duly ex~Jted and ack~ca~ledged by its r~gularly elected officers at its principal office in Long Grove~ Illinois. THIS APPOINTHENT SHALL CEASE AND TER~ZNATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This P~er of Attorney is executed by ~uthortt¥ of a r~solution adopted by the Executive Co..tit# of the Board of Directors of said American Hotcrisis Insurenge Compw~y on February 23, 1988 at Long Grove, Illinois, e tm~ and acc~r~ta OOZy of ~hioh is hereir~ftar set forth and is hereby certified to by the ~ldersigr~d Secretary being in full forge and effect: "VOTED, That the Chairman of the Board, the President, or my Vice Presickmt, or their a~point#s desi~ated in alio~ys-in-faci, ~ to aut~rize t~ to ex~ie ~ ~lf of ~ C~y, ~d aiim~ %~ s~l of fhe C~y thatsic, ~ds ~d ~ri~i~s, r~i~as, c~i~cis of i~iiy ~ ot~r wrtii~s, obli~iory in ihe nalun t~f, =g my s~h officers of t~ C~my say m~in~ a~ts for ~cepi~oe of primes." This Power of Attorney is signed, sealed and certified by facsimile under ar~ by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at · me~tins duly called held on the 2$rd day of Febr,~mry, 1988: "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, ~ certifications by the Secretary, may be affixed by facsimile on any power of atto~y or bond executed purst~l~t to resolution ~dopted by the Executive C~.mittse of the Board of Directors on February 2t, 1988 ~nd any such power so executed, sealed and certified with respect to any bond or undertaking to ~hich it is attached, shall continue to ! valid and binding ~ the Company." In Testimony ~hereof, the Aserio~ Motorists Insurance Company has ¢~used this instant to be sii.~d and its corporate seal to be affixed by its authorized officers, this 01 day of Januarl , 199~ . Attested end Certified: F.C.l~Cullough, Smeltery AMERICAN MOTORISTS INSURANCE CONPW d.S.Kemper,Ill,Seni0r Vice Presid~ (ovE.~) kept and perle eel at the time and in the mannerr rein specified, and in all respects accordincj to his or their true intent and meaning, and shall indemnify and save harmless the City of Teme~u]a, its officers, agent=. and employees, as therein s"tlpulated: otherwise. this obliger|on shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees. including reasonable attorney's fees, incurred by City In successfully enforcing such obligation. all to be taxed as cost~ and included in any judgment ~clered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms o~ the agreement or to the work to be performed 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 tJmeo alteration or addition to the tarm~ 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 ,~av ~, . 19 94 Seal ) ( Seal } FO~\!D'~G7 MEMORANDUM TO: FROM: Beryl Yasinosky Linda Beaudoin DATE: 6/25/97 SUBJECT: Landscape Bond release for TR 22916-3 The planning department has no objections to releasing the above mentioned bond. The tract is built out and landscaping installed to plans. R:\FORMS\MEMO 6/25/97 cad I~I'E;M 6 A PP R O V~.,,,,,,..~ CITY ATTORNEY FINANCE DIRECTOR/~,..~) CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Board of Directors/General Manager Shawn D. Nelson, Director of Community Services July 8, 1997 Re-Naming the Old Town Temecula Senior Center PREPARED BY: T~~. Herman D. Parker, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors: Approve the re-naming of the Old Town Temecula Senior Center, the Mary Phillips Senior Center. BACKGROUND: At the April 22, 1997 City Council meeting, Mr. Irv Rhodes, President of the Senior Golden Years of Temecula Valley, presented to the City Council a petition of over 170 signatures and a request from the Senior Golden Years to re-name the Old Town Temecula Senior Center, the Mary Phillips Senior Center. The Golden Years are requesting this facility's name be changed in an effort to memorialize the countless hours of work and dedication Mary Phillips devoted to the development of the Old Town Temecula Senior Center. Mary Phillips, who passed away in January of this year, was an active community leader in Temecula, committed to enhancing the quality of life for Temecula senior citizens. She devoted countless hours of her time cultivating community interest and awareness of the need for a senior center and recreation and social services for senior citizens. She met with community leaders, city staff and other senior citizens, to share her vision of a new senior center here in Temecula. Mrs. Phillips played an integral role in the development of the Old Town Temecula Senior Center, and her peers are requesting the senior center be re-named in her honor. On June 9, 1997, the Community Services Commission approved this recommendation to re- name the Senior Center in honor of Mary Phillips. The Commission also recommended, a plaque be installed in the Senior Center, that briefly describes the contributions of Mary Phillips and her husband Stan Phillips to our community. R:~ziglerg~name.chg FISCAL IMPACT: A directional sign, a monument sign and the sign on the Senior Center building would need to be replaced. These costs are estimated to be $6,300, and would be funded by the TCSD sign account 190-180-999-5244. ATTACHMENT: 1 ) 2) Resolution No. CSD 92-08 Naming Policy Petition R:Xziglerg~ame. chg RESOLIYrlON NO. CSD 92-08 A RESOLUTION OF ~ BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOIrFING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WltEREAS, on April 23, 1991, the Board of Directors (the "Board") adopted a policy for naming parks and recreation facilities; and Wi:fle~REAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, TI:IEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. Ronald J. Parks, President ATTEST: Resos CSD 92-08 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. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: Birdsall, Moore, Lindemans, Mufioz Parks, NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None un~~~C~erk Re~o~ CSD 92-08 Exhibit "A" TE1VIECULA CO1VEViUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. Once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall.-be named for a person, exceDt where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RE SPONSIBILITY ACTION Department Parks and Recreation Commission Department Acquires a new park or recreation facility. Solicits possible names from community'. Forwards suggested names to the Parks and Recreation Commission for consideration. Receives any additional community input. Selects a name for the new park or recreation facility. Forwards name ratification· to City Council for Installs the appropriate naming sign or plaque. RECEIVED February 12, 1997 A P R ~ ~ 799 ? We, the undersigned, do petition the City Council of Temecula to cha~g~tl~.Lnd~a~eL~T. Old Town Temecula Senior Center to the Mary Phillips Senior Center in memory of its founder. Mary was an asset to our community and we don't want her forgotten. February 12, 1997 We, the undersigned, do petition the City Council of Temecula to change the name of Old Town Temecula Senior Center to t~e3~/ary Phillips Senior Center in memory of its founder. Mary was an asset to our community and we don't want her forgotten. February 12, 1997 We, the undersigned, do petition the City Council of Temecula to change the name of Old Town Temecula Senior Center to the 5~fary Phillips $er~ior C'er~ter in memory of its founder. Mary was an asset to our community and we don't want her forgotten. February 12, 1997 We, the undersigned, do petition the City Council of Temecula to change the name of Old Town Temecula Senior Center to the/~/[ary P/til/i/~s Senior C'enter in memory of its founder. Mary was an asset to our community and we don't want her forgotten. February 12, 1997 We, the undersigned, do petition the City Council of Temecula to change the name of Old Town Temecula Senior Center to the Mary Phillips Senior Center in memory of its f//gm~d~. Ma~a~. s an asset to our community and we don't want her forgotten.. February 12, 1997 We, the undersigned, do petition the City Council of Temecula to change the name of Old Town Temecula Senior Center to the Mary Phillips Senior Center in memory of its founder. Mary was an asset to our community and we don't want her forgotten. February 12, 1997 We, the undersigned, do petition the City Council of Temecula to change the name of Old Town Temecula Senior Center to the Mary Phillips Senior Center in memory of its founder. Mary was an asset to our community and we don't want her forgotten. REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD JUNE 10, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:34 PM at the City Council Chambers, 43200 Chairperson Steven J. Ford presiding. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Business Park Drive, Temecula, California. Birdsall, Lindemans, Roberts, Stone, Ford ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, Agency General Counsel Peter Thorson and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR Agency Member Roberts requested Item 2 be removed from the Consent Calendar. It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall, to approve Consent Calendar Items 1 and 3. The motion was unanimously carried. 1. Minutes 1.1 Approve the minutes of May 27, 1997. 3. Award of Professional Services Contract to Westcott and McGregor and Associates for Property Management of the Sherwood and Pujol Apartments 3.1 Award a Professional Services contract in the amount of $1,600 per month to Westcott and McGregor and Associates for property management, operation and maintenance of the Sherwood and Pujol Apartments. 3.2 Authorize RDA Chairperson to execute contract. Contract Amendment No. 3, Project No. PW95-07, Professional Services with Trans- Pacific Consultants, Inc. for the Design of Phase I and Phase II of the Western Bypass Corridor, Purchase Order 17136 Agency Member Stone stepped down due to a conflict of interest. Public Works Director Joseph Kicak presented the staff report. Agency Member Roberts expressed his displeasure at the City having to spend extra money because other agencies revise their rules. Chairperson Ford clarified the $17,000 for plan modification will be reduced from the contract amount if the property now under negotiation is acquired. It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans, to approve staff's recommendation. The motion carried as follows: AYES: 3 AGENCY MEMBERS: Birdsall, Lindemans, Ford NOES: 1 AGENCY MEMBERS: Roberts ABSENT: 0 AGENCY MEMBERS: None ABSTAIN: 1 AGENCY MEMBERS: Stone AGENCY BUSINESS 4. FY 1997/98 Economic Development Strategic Plan Assistant City Manager Mary Jane McLarney presented the staff report. Alice Sullivan and Melody Brunsting, representing the Temecula Valley Chamber of Commerce, explained the activities and services provided to the City. Tom Eidem, Executive Director, Temecula Valley Economic Development Corporation, gave an overview of EDC. Bob Kirkpatrick, President of EDC, discussed EDC's accomplishments for FY 1996/97, upcoming challenges, EDC's successes, and the need for a change in philosophy. Bonnie Hanna, EDC, reported on the growth of the EDC and stated the request for an increase in funding over last year is to allow for the hiring of a part-time staff person. Jeff Comerchero, Board of Directors, Temecula Valley Film Council, reported on their activities. Agency Member Stone questioned why the EDC is requesting an increase over FY 1996/97 funding when it looks as though revenue, expenditures and number of members remain constant. Ms. Brunsting replied they are pursuing additional marketing efforts, plus the hiring of an additional part-time person; and if they did not receive the total allocation, they would probably cut the visitor centers, which are very time- consuming. It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall, to approve the Chamber of Commerce request for $112,045. The motion was passed unanimously. It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans, to approve the funding requested by the Temecula Valley Film Council. The motion was passed unanimously. Agency Member Roberts abstained from discussion and voting regarding the funding request of the Economic Development Corporation due to a conflict of interest. Agency Member Stone expressed concern over the declining membership of the EDC. Mr. Kirkpatrick replied their goal is to run the EDC like a for-profit company and previously there were members who bartered services for dues; some business organizations not located in Temecula did not renew; however 11 new members joined. Agency Member Stone suggested a close working relationship between EDC and the City's new Economic Development Specialist, with oral quarterly presentations detailing the benefits being provided. Chairperson Ford suggested EDC's Goal//1 should reflect going after higher paying jobs to allow residents to work in Temecula; and for Goal //3, increase the percentage for reducing the number of residential commuters; i.e., set the goal at 5%. It was moved by Agency Member Lindemarts, seconded by Chairperson Ford, to approve staff's recommendation plus require verbal quarterly reports to be made to the City Council by the EDC and increase the percentages of Goals 1 and 3. The motion carried as follows: AYES: 4 AGENCY MEMBERS: Birdsall, Linderoans, Stone, Ford NOES: 0 AGENCY MEMBERS: None ABSTAINS: 1 AGENCY MEMBERS: Roberts It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall, to approve the FY 1997/98 Marketing Plan. The motion was unanimously carried. EXECUTIVE DIRECTOR'S REPORT Executive Director Bradley announced the ribbon-cutting ceremony for the Winchester and Nicholas Roads would be Wednesday, June 18, 1997, 10:00 AM, and at 11:00 AM, for the Winchester Bridge. He mentioned the widening project for the Rancho California Interchange will begin in August 1997; and a September start for Hwy 79S is planned. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Roberts, seconded by Agency Member Lindemans, to adjourn at 9:54 PM to a meeting on June 24, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Steven J. Ford, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD JUNE 24, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:34 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Steven J. Ford presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. Agency Member Stone announced a conflict of interest on Agenda Items I and 2 and stepped down. It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans to approve Consent Calendar Items 1 as follows: Contract for Professional Services with PMW Associates 1.1 Approve Amendment 1 to the Agreement for Professional Services with PMW Associates, Consultant, to reflect hourly rates for services provided to the City beginning July 1, 1997. The motion carried as follows: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: I AGENCY MEMBERS: Ford, Lindemans, Roberts, Birdsall AGENCY MEMBERS: None AGENCY MEMBERS: None AGENCY MEMBERS: Stone Minutes.rda\011497 -1- AGENCY BUSINESS 2 Review and A~proval of the FY 1997-98 Annual Operating Budget Executive Director Ronald Bradley presented the staff report. It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans to approve staff recommendation as follows: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 97-06 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 1997-98 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS The motion carried as follows: AYES: 4 AGENCY MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ABSTAIN: I AGENCY MEMBERS: Stone REDEVELOPMENT DIRECTOR'S REPORT Redevelopment Director Mary Jane McLarney outlined new programs for the upcoming year. EXECUTIVE DIRECTOR REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Lindemans, seconded by Agency Member Stone to adjourn at 9:40 PM to a meeting on July 8, 1997, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Minutes.rda\011497 -2- ATTEST: Steven J. Ford, Chairperson June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rda\011497 -3- ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE D,RECTO~. EXEC.DIRECTOR TEMECULA REDEVELOPMENT AGENCY CITY OF TEMECULA AGENDA REPORT Executive Director/Redevelopment Agency Members Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Winchester Road at Interstate 15 - Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21 - Reduction in Retention Withheld from Contractor PREPARED BY: ~Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the Redevelopment Agency approve a reduction in the retention amount held from Riverside Construction Company from ten percent (10%) to five percent (5%) for the Winchester Road at Interstate 15 - Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21. BACKGROUND: On December 19, 1995, a contract was awarded to Riverside Construction Company for the construction of the Winchester Road at Interstate 15 - Bridge Widening and Northbound Ramp Improvements Project. During the construction period Riverside Construction Company has submitted monthly progress payment applications equal to 90 percent of the value of the work completed in accordance with the contract documents. A retention of 10 percent is therefore withheld from the general contractor's progress payments to provide an amount of money that can be available to satisfy lien claims from subcontractors or suppliers and as a means of holding funds that may be utilized to complete the project in case of default. However, Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, allows for a reduction in the retention to 5% if the agency deems that progress has been satisfactory, and the project is more than 50% complete. Since Riverside Construction Company has now completed well over 50% of the project they are requesting a reduction in the retention amount being withheld to 5%. A reduction at this point in the project would mean a release of half the funds now being held as retention which would leave a balance of $143,077.79. We have reviewed the progress of the work and have found it to be satisfactory for the purposes of reducing the retention and that 5% will be adequate to address potential claims or default and recommend that Riverside's request be granted. FISCAL IMPACT: r:\agdrpt\97\0708\pw94-21 .rda The City has retained $286,155.58 from progress payments submitted to date. A reduction to 5 percent will result in releasing $143,077.79 to Riverside Construction. A 5 percent retention will also be held from any future progress payments. At the end of the project all retention being held by the City will be released on or about 35 days after the Notice of Completion has been recorded. Attachments: 1. Letter of Request from Riverside Construction Company r:\agd rpt\97\0708\pw94-21 .rda (909) 682-8308 (909) 682-8350 (FAX) RIVERSIDE CONSTRUCTION COMPANY GENERAL ENGINEERING CONTRACTORS 111 NO. MAIN STREET-- P. O, BOX 1146 RIVERSIDE, CALIFORNIA 92502-1146 CALIF. STATE RECEIVED JUN 6 1997 CITY OF TEMECULA ENGINEERING DEPARTMENT June 4, 1997 Mr. Don Spagnolo, P.E. City of Temecula, Public Works P.O. Box 9033 Temecula, CA 92589-9033 Rc~ Winchester/I- 15 Bridge Widening - Temecula Contract No. PW 94-21 Dear Mr. Spagnolo: Respectfully, we hereby request that the retention held on this job be reduced 50% to a figure of 5% on the contract. We make our request in accordance with the contract documents [Public Contract Code] and the fact that our progress has been satisfactory and is nearly complete. We ask *h,t yo', have ,h,. p,-,,F,~,- ,,,,h,,,-;,;,.o ,, .,~,. , our ...... ....... rr,.o,,n. on our behalf at next City Council meeting. Sincerely, Steven J. Moscrop Secretary/Treasurer ITEM 20 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE DIRECTOR~~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer July 8, 1997 Resolution No. 97-64- Underground Utility District No. 1 RECOMMENDATION: That the City Council reschedule the Public Hearing to establish an Underground Utility District No. I to July 22, 1997. BACKGROUND: At the regular meeting of June 24, 1997 City Council adopted a "Resolution of Intention, Resolution No. 97-64, to establish an Underground Utility District No. 1. Resolution No. 97-64, requires publication and mailing of the Resolution and the portions of the Municipal Code to the affected property owners Since all of the requirements were not met, it is requested that the Public Hearing scheduled for July 8, 1997 be continued to the regular Council meeting of July 22, 1997. FISCAL IMPACT: None r:\agdrpt\97\0708\UTILITY. PH/AJP